Senate Bill 0004c2

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

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



    311-1941A-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 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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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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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 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 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. 455.2286,

15         F.S.; revising the effective date for

16         implementing an automated information system;

17         amending s. 468.604, F.S.; substituting

18         references to the Florida Building Code for

19         references to listed locally adopted codes;

20         amending s. 468.607, F.S.; providing for the

21         continuing validity of the certifications of

22         certain building inspectors and plans examiners

23         for a certain period of time; amending s.

24         468.609, F.S.; clarifying the prerequisites for

25         taking certain certification examinations;

26         amending s. 468.617, F.S.; adding school

27         boards, community college boards, state

28         agencies, and state universities as entities

29         that may contract for joint inspection services

30         or contract with other certified persons to

31         perform plan reviews and inspection services;

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         amending s. 469.002, F.S.; eliminating a

  2         required asbestos disclosure statement;

  3         providing for inclusion of such a statement

  4         within the Florida Building Code; amending s.

  5         471.015, F.S.; authorizing the Board of

  6         Professional Engineers to establish

  7         qualifications for special inspectors of

  8         threshold buildings and to establish

  9         qualifications for the qualified representative

10         of such a special inspector; providing for

11         minimum qualifications for qualified

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

13         authorizing the Board of Architecture and

14         Interior Design to establish qualifications for

15         certifying licensed architects as special

16         inspectors of threshold buildings and to

17         establish qualifications for the qualified

18         representative of such a special inspector;

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

20         references to the Florida Building Code for

21         references to locally adopted codes; amending

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

23         the Construction Industry Licensing Board be in

24         Leon County; amending ss. 489.115, 497.255,

25         553.06, 553.141, 553.503, 553.506, 553.512,

26         553.73, 553.74, F.S.; replacing references to

27         the Board of Building Codes and Standards with

28         references to the Florida Building Commission;

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

30         Department of Agriculture and Consumer Services

31         may not adopt construction regulations for food

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         establishments; requiring the adoption of such

  2         regulations within the Florida Building Code;

  3         authorizing the department to enforce specified

  4         provisions of the Florida Building Code;

  5         preserving the department's authority to adopt

  6         and enforce sanitary regulations; amending s.

  7         500.12, F.S.; authorizing the department to

  8         enforce specific provisions of the Florida

  9         Building Code; providing a requirement for

10         obtaining or renewing a local occupational

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

12         the department to enforce specific provisions

13         of the Florida Building Code; amending s.

14         509.032, F.S.; clarifying that the Division of

15         Hotels and Restaurants may not adopt

16         construction standards for public food and

17         public lodging establishments; providing for

18         the adoption of such standards within the

19         Florida Building Code and the Florida Fire

20         Prevention Code; authorizing the division to

21         enforce specified provisions of the Florida

22         Building Code and the Florida Fire Prevention

23         Code; preserving the authority of local

24         governments to inspect public food and public

25         lodging establishments for compliance with the

26         Florida Building Code and the Florida Fire

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

28         substituting references to the Florida Building

29         Code for references to other state and local

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

31         that the Department of Health may not adopt

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         construction regulations for public swimming

  2         pools and bathing places; providing for the

  3         adoption of such standards within the Florida

  4         Building Code; authorizing the department to

  5         conduct plan reviews, to issue approvals, and

  6         to enforce specified provisions of the Florida

  7         Building Code; preserving the department's

  8         authority to adopt and enforce sanitary

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

10         preserving local governments' authority to

11         conduct plan reviews and inspections for

12         compliance with the Florida Building Code;

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

14         the State Plumbing Code by replacing a

15         reference to the board with a reference to the

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

17         specific requirements for the ratio of public

18         restroom facilities for men and women;

19         requiring the incorporation of such

20         requirements into the Florida Building Code;

21         requesting the Division of Statutory Revision

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

23         establishing minimum construction requirements

24         for manufactured buildings; amending s. 553.36,

25         F.S.; providing for approval of building

26         components; redefining the term "manufactured

27         building" to include certain storage sheds and

28         to exclude manufactured housing; defining the

29         term "module"; updating references to the

30         Florida Building Code; amending s. 553.37,

31         F.S.; authorizing the Department of Community

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         Affairs to adopt certain rules; providing that,

  2         if the department delegates certain authority,

  3         manufacturers shall have plan reviews and

  4         inspections conducted by a single agency;

  5         transferring rulemaking authority to the

  6         Florida Building Commission; creating s.

  7         553.375, F.S.; providing for recertification of

  8         manufactured buildings; amending s. 553.38,

  9         F.S.; transferring to the Florida Building

10         Commission authority to adopt rules governing

11         manufactured buildings; amending s. 553.381,

12         F.S.; providing for certification of

13         manufacturers of manufactured buildings;

14         providing certification requirements;

15         transferring authority for construction

16         standards to the Florida Building Commission;

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

18         department's rules with the Florida Building

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

20         requirements for parking accommodations for

21         persons who have disabilities; amending s.

22         553.512, F.S.; providing that the commission

23         may not waive specified requirements for

24         parking for persons who have disabilities;

25         providing that applicants for waiver must have

26         applied for variance from specified local

27         requirements; deleting the word "handicapped";

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

29         "threshold building"; defining the terms

30         "special inspector" and "prototype building";

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

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

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

  3         regulations to be included in the Florida

  4         Building Code; clarifying the limitations

  5         applicable to administrative amendments to the

  6         code; clarifying the effect on local

  7         governments of adopting and updating the

  8         Florida Building Code; specifying that

  9         amendments to certain standards or criteria are

10         effective statewide or on a regional basis upon

11         adoption by the commission; providing for the

12         immediate effect of certain amendments to the

13         Florida Building Code in certain circumstances;

14         revising criteria for commission approval of

15         amendments to the Florida Building Code;

16         prescribing which edition of the Florida

17         Building Code applies to a given project;

18         authorizing the Florida Building Commission to

19         provide exceptions to the exemptions; providing

20         for review of decisions of certain local

21         government officials; delegating certain

22         responsibilities to the State Fire Marshal,

23         rather than the Department of Insurance;

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

25         of the commission; providing for fees for

26         product approval; correcting a cross-reference;

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

28         Department of Business and Professional

29         Regulation conducts disciplinary investigations

30         and takes disciplinary actions; amending s.

31         553.79, F.S.; replacing the term "mobile home"

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         with the term "manufactured home"; deleting the

  2         authority of the Department of Community

  3         Affairs to establish qualifications for and

  4         certify special inspectors; revising the

  5         responsibilities of special inspectors;

  6         requiring the Florida Building Commission to

  7         establish standards for specified structures;

  8         deleting standards for specified structures;

  9         providing for alternative plan review by a

10         registered architect or engineer under certain

11         circumstances; clarifying that building code

12         plan review is required independent of

13         firesafety plan review; deleting specific

14         requirements for the submittal of plans;

15         directing the Florida Building Commission to

16         adopt requirements for plan review; revising

17         standards for determining costs; amending s.

18         553.80, F.S.; consolidating all exemptions from

19         local enforcement of the building code;

20         providing for uses of facility maintenance

21         permits by school boards, community college

22         boards, and state universities; amending ss.

23         553.83, 553.84, 553.85, F.S.; replacing

24         references to local codes and state minimum

25         codes with references to the Florida Building

26         Code; amending s. 553.841, F.S.; creating the

27         Office of Building Code Training Program

28         Administration and providing its duties;

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

30         commission to make recommendations to the

31         Legislature for a statewide product approval

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  1         system; exempting certain counties from the

  2         statewide product approval system; amending s.

  3         553.901, F.S.; transferring the authority to

  4         adopt the thermal efficiency code from the

  5         Department of Community Affairs to the Florida

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

  7         amending the term "exempted building"; deleting

  8         an exemption; authorizing the commission to

  9         recommend additional exemptions; deleting the

10         term "energy performance index"; amending s.

11         553.903, F.S.; deleting an obsolete requirement

12         relating to thermal efficiency; amending s.

13         553.907, F.S.; deleting requirements for

14         certification of compliance to local

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

16         deleting obsolete references; amending s.

17         553.909, F.S.; deleting specific requirements

18         for water heaters; directing that such

19         requirements be set in the energy code;

20         amending s. 627.0629, F.S.; requiring a rating

21         manual to include discounts for certain

22         fixtures and construction techniques; amending

23         ss. 633.01, 633.0215, 633.025, F.S.; replacing

24         references to the Department of Insurance with

25         references to the State Fire Marshal; amending

26         s. 633.0215, F.S., the Florida Fire Prevention

27         Code; providing for triennial adoption of the

28         code; providing requirements for local

29         amendments; exempting certain ordinances from

30         adoption by the State Fire Marshal; amending s.

31         633.025, F.S.; prescribing minimum firesafety

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         standards; amending s. 633.022, F.S.;

  2         authorizing a local authority to charge a fee

  3         for an inspection; amending provisions relating

  4         to smoke detector requirements in residential

  5         buildings; providing requirements for adopting

  6         local firesafety codes and standards; amending

  7         s. 633.72, F.S.; revising the membership of the

  8         Florida Fire Code Advisory Council; revising

  9         duties of the council with regard to the

10         Florida Building Commission; amending s.

11         655.962, F.S.; deleting specific construction

12         requirements for automated teller machines;

13         requiring such requirements to be adopted into

14         the Florida Building Code; amending s. 62 of

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

16         requirement that the Legislature approve or

17         reject the Florida Building Code, provide for

18         repeal of local codes on a date certain, and

19         provide for certain local ordinances to remain

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

21         of Florida; revising the future repeal of

22         certain sections of the Florida Statutes to

23         provide a date certain, and to transfer and

24         renumber a certain section; providing that the

25         Legislature has reviewed the Florida Building

26         Code and directing the Florida Building

27         Commission to continue the process to adopt the

28         code; providing that certain changes in the

29         code are not subject to rule challenge;

30         providing for determining the cost differential

31         between building under the old code and

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         building under the new code; providing

  2         procedures; providing for applicability of the

  3         analysis to insurance rates; requiring a report

  4         to the Governor and the Legislature;

  5         establishing the windborne debris region for

  6         the state; deleting disclosure requirements;

  7         exempting certain counties from local-amendment

  8         procedures; exempting certain types of

  9         amendments from the local-amendment procedures;

10         requiring the Florida Building Commission to

11         amend the plumbing, permits, and inspection

12         sections of the Florida Building Code as

13         specified; providing for alternative plan

14         review by a registered architect or engineer

15         under certain circumstances; authorizing the

16         continuation of a select committee;

17         appropriating funds to the State Fire Marshal

18         for training and education; repealing ss.

19         125.0106, 255.21(2), 553.79(11), F.S.;

20         providing that nothing in the act is intended

21         to imply any repeal or sunset of any existing

22         general or special law not specifically

23         identified; providing effective dates.

24

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

26

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

28  Florida Statutes, to read:

29         120.80  Exceptions and special requirements;

30  agencies.--

31         (16)  FLORIDA BUILDING COMMISSION.--

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         (a)  Notwithstanding the provisions of s. 120.542, the

  2  Florida Building Commission may not accept petition for waiver

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

  4  requirements of the Florida Building Code.

  5         (b)  The Florida Building Commission shall adopt within

  6  the Florida Building Code criteria and procedures for

  7  alternative means of compliance with the code or local

  8  amendments thereto, for enforcement by local governments,

  9  local enforcement districts, or other entities authorized by

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

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

12  local board, if one exists, and may be appealed to the Florida

13  Building Commission.

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

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

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

17  to read:

18         125.01  Powers and duties.--

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

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

21  extent not inconsistent with general or special law, this

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

23         (d)  Provide fire protection, including the enforcement

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

25  633.022 and 633.025, and adopt and enforce local technical

26  amendments to the Florida Fire Prevention Code as provided in

27  those sections and pursuant to s. 633.0215.

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

29  building, housing, and related technical codes and

30  regulations.

31

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    Florida Senate - 2000               CS for CS for SB's 4 & 380
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  1         (cc)  Enforce the Florida Building Code, as provided in

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

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

  4  (c).

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

  6  Florida Statutes, is amended to read:

  7         125.56  Enforcement and Adoption or amendment of the

  8  Florida Building Code and the Florida Fire Prevention Code;

  9  inspection fees; inspectors; etc.--

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

11  several counties of the state is authorized to enforce the

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

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

14  discretion, to adopt local technical amendments to the Florida

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

16  and local technical amendments to the Florida Fire Prevention

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

18  construction, erection, alteration, repair, securing, and

19  demolition of any building within its territory outside the

20  corporate limits of any municipality.  Upon a determination to

21  consider amending the Florida or adopting a Building Code or

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

23  of the board of county commissioners of such county, the board

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

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

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

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

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

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

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

31  throughout the unincorporated area of such county until

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  1  otherwise notified by the Florida Building Commission pursuant

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

  3  633.0215. Nothing herein contained shall be construed to

  4  prevent the board of county commissioners from amending or

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

  6  at any regular meeting of such board.

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

  8  several counties may provide a schedule of reasonable

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

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

11  any Building Code and the Florida Fire Prevention Code adopted

12  pursuant to the terms of this act.

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

14  several counties may employ a building inspector and such

15  other personnel as it deems necessary to carry out the

16  provisions of this act and may pay reasonable salaries for

17  such services.

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

19  Florida Building Commission or the Florida Fire Prevention

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

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

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

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

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

25  obtaining a permit therefor from the appropriate board of

26  county commissioners, or from such persons as may by

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

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

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

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

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

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

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

  3  the fire code.

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

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

  6  Florida any duly adopted county Building Code or the Florida

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

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

  9         Section 4.  Effective January 1, 2001, section

10  161.0415, Florida Statutes, is amended to read:

11         161.0415  Citation of rule.--In addition to any other

12  provisions within this chapter or any rules promulgated

13  hereunder, the permitting agency shall, when requesting

14  information for a permit application pursuant to this chapter

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

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

17  information cannot be accompanied by a rule citation, failure

18  to provide such information cannot be grounds to deny a

19  permit.

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

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

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

23  read:

24         161.052  Coastal construction and excavation;

25  regulation.--

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

27  may be authorized by the department in the following

28  circumstances:

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

30  number of existing structures have established a reasonably

31  continuous and uniform construction line closer to the line of

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

  2  structures have not been unduly affected by erosion, a

  3  proposed structure may be permitted along such line on written

  4  authorization from the department if such proposed structure

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

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

  7  not contravene setback requirements established by a county or

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

  9  setback requirements provided herein.

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

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

12  provisions of this section which pertain to and govern the

13  design, construction, erection, alteration, modification,

14  repair, and demolition of public and private buildings,

15  structures, and facilities shall be incorporated into the

16  Florida Building Code. The Florida Building Commission shall

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

18  120.536 in order to implement those provisions. This

19  subsection does not limit or abrogate the right and authority

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

21  environmental standards, including but not limited to,

22  standards for ensuring the protection of the beach-dune

23  system, proposed or existing structures, adjacent properties,

24  marine turtles, native salt-resistant vegetation, endangered

25  plant communities, and the preservation of public beach

26  access.

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

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

29         161.053  Coastal construction and excavation;

30  regulation on county basis.--

31

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

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

  3  provisions of this section which pertain to and govern the

  4  design, construction, erection, alteration, modification,

  5  repair, and demolition of public and private buildings,

  6  structures, and facilities shall be incorporated into the

  7  Florida Building Code. The Florida Building Commission shall

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

  9  120.536 in order to implement those provisions. This

10  subsection does not limit or abrogate the right and authority

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

12  environmental standards, including but not limited to,

13  standards for ensuring the protection of the beach-dune

14  system, proposed or existing structures, adjacent properties,

15  marine turtles, native salt-resistant vegetation, endangered

16  plant communities, and the preservation of public beach

17  access.

18         Section 7.  Effective January 1, 2001, section

19  161.05301, Florida Statutes, is amended to read:

20         161.05301  Beach erosion control project staffing;

21  coastal construction building codes review.--

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

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

24  year 1998-1999 from the Ecosystem Management and Restoration

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

26  201.15(11).  These positions and funding are provided to

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

28  and promote enhanced beach erosion control project

29  administration. Such staffing resources shall be directed

30  toward more efficient contract development and oversight,

31  promoting cost-sharing strategies and regional coordination or

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  1  projects among local governments, providing assistance to

  2  local governments to ensure timely permit review, and

  3  improving billing review and disbursement processes.

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

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

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

  7  Building Codes Study Commission recommendations pertaining to

  8  coastal construction, and the adoption of those

  9  recommendations by local governments, the department shall

10  delegate the coastal construction building codes review

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

12  department positions supporting the coastal construction

13  building codes review shall be directed to support

14  implementation of the subject beach management plan.

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

16  Florida Statutes, is amended to read:

17         161.55  Requirements for activities or construction

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

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

20  the coastal building zone and shall be minimum standards for

21  construction in this area:

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

23         (a)  Major structures shall conform to the state

24  minimum building code in effect in the jurisdiction.

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

26  Home Construction and Safety Standards or the Uniform

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

28  to the requirements of paragraph (c).

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

30  and located in compliance with National Flood Insurance

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

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  1  the local flood damage prevention ordinance, whichever is more

  2  restrictive.

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

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

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

  6  revisions to the 1985 Standard Building Code using a fastest

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

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

  9  115 miles per hour.  This does not preclude use of a locally

10  adopted building code which is more restrictive.

11         (e)  Foundation design and construction of a major

12  structure shall consider all anticipated loads resulting from

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

14  hydrodynamic loads acting simultaneously with live and dead

15  loads. Erosion computations for foundation design shall

16  account for all vertical and lateral erosion and

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

18  presence of structural components. Foundation design and

19  construction shall provide for adequate bearing capacity

20  taking into consideration the anticipated loss of soil above

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

22  computations required by this paragraph do not apply landward

23  of coastal construction control lines which have been

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

25  department may provide information and guidance as to those

26  areas within the coastal building zone where the erosion and

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

28         (1)(2)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

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

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

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

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

  2  jurisdiction. Such structures shall be designed to produce the

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

  4  adjacent properties and to reduce the potential for water or

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

  6  protection structure designed primarily to protect a minor

  7  structure shall not be permitted.

  8         (2)(3)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

  9  NONHABITABLE MAJOR STRUCTURES.--Nonhabitable major structures

10  need not meet specific structural requirements provided in

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

12  and except for applicable provisions of the state minimum

13  building code in effect in the jurisdiction.  Such structures

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

15  beach and dune system and shall comply with any applicable

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

17  sewage treatment plants and public water supply systems shall

18  be flood proofed to prevent infiltration of surface water from

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

20  transformers and vaults, shall be flood proofed to prevent

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

22  shall otherwise be designed so as to function when submerged

23  by such storm event.

24         (3)(4)  LOCATION OF CONSTRUCTION.--Construction, except

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

26  access ramps, gazebos, and coastal or shore protection

27  structures, shall be located a sufficient distance landward of

28  the beach to permit natural shoreline fluctuations and to

29  preserve dune stability.

30         (4)(5)  APPLICATION TO COASTAL BARRIER ISLANDS.--All

31  building requirements of this part which are applicable to the

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  1  coastal building zone shall also apply to coastal barrier

  2  islands.  The coastal building zone on coastal barrier islands

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

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

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

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

  7  coastal construction control line has not been established

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

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

10  boundary line fronting upon the Gulf of Mexico, Atlantic

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

12  the Florida Keys located within Monroe County shall be

13  included in the coastal building zone.  The coastal building

14  zone on any coastal barrier island between Sebastian Inlet and

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

16  Land and Water Adjudicatory Commission, if it determines that

17  the local government with jurisdiction has provided adequate

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

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

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

21  line.  In determining whether the local government with

22  jurisdiction has provided adequate protection, the Land and

23  Water Adjudicatory Commission shall determine that the local

24  government has adopted the 1986 Standard Building Code for the

25  entire barrier island.  The Land and Water Adjudicatory

26  Commission shall withdraw its approval for a reduced coastal

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

28  government comprehensive plan is due for submission to the

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

30  government with jurisdiction has not adopted a coastal

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

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  1         (5)(6)  PUBLIC ACCESS.--Where the public has

  2  established an accessway through private lands to lands

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

  4  prescriptive easement, or any other legal means, development

  5  or construction shall not interfere with such right of public

  6  access unless a comparable alternative accessway is provided.

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

  8  relocate such public accessways so long as the accessways

  9  provided by the developer are:

10         (a)  Of substantially similar quality and convenience

11  to the public;

12         (b)  Approved by the local government;

13         (c)  Approved by the department whenever improvements

14  are involved seaward of the coastal construction control line;

15  and

16         (d)  Consistent with the coastal management element of

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

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

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

20  Laws of Florida, is amended to read:

21         161.56  Establishment of local enforcement.--

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

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

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

25  territorial boundaries shall enforce the requirements of the

26  code established in s. 161.55.

27         (2)  Each local government shall provide evidence to

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

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

30  1, 1987, the state land planning agency shall submit to the

31  Administration Commission a list of those local governments

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

  2  issue before the Administration Commission shall be whether or

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

  4         (1)(3)  Nothing in ss. 161.52-161.58 shall be construed

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

  6  require permits or to adopt and enforce standards pursuant to

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

  8  coastal construction control line that are as restrictive as,

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

10  161.55 or the rights or powers of local governments to enact

11  and enforce setback requirements or zoning or building codes

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

13  requirements provided in s. 161.55.

14         (2)(4)  To assist local governments in the

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

16  planning agency shall develop and maintain a biennial coastal

17  building zone construction training program for the local

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

19  land planning agency shall provide an initial training program

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

21  basis shall provide a continuing education program beginning

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

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

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

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

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

27  manual which contains, as determined appropriate by the state

28  land planning agency, methods, materials, connections,

29  applicability, and other associated information for use by the

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

31

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

  2  Florida Statutes, is amended to read:

  3         235.26  State Uniform Building Code for Public

  4  Educational Facilities Construction.--

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

  6  Commissioner of Education shall adopt a uniform statewide

  7  building code for the planning and construction of public

  8  educational and ancillary plants by district school boards and

  9  community college district boards of trustees shall be adopted

10  by the Florida Building Commission within the Florida Building

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

12  State Uniform Building Code for Public Educational Facilities

13  Construction. Included in this code must be flood plain

14  management criteria in compliance with the rules and

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

16  revisions thereto which are adopted by the Federal Emergency

17  Management Agency. It is also the responsibility of the

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

19  standards relating to:

20         (a)  Prefabricated facilities, factory-built

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

22  portable, relocatable, demountable, or reconstructible; are

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

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

25  boards to contract with the Department of Community Affairs

26  for factory inspections by certified building code inspectors

27  to certify conformance with applicable law and rules. The

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

29  relocatable facilities intended for long-term use as classroom

30  space.

31

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  1         (b)  The sanitation of educational and ancillary plants

  2  and the health of occupants of educational and ancillary

  3  plants.

  4         (c)  The safety of occupants of educational and

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

  6  firesafety criteria shall be established by the State Fire

  7  Marshal and the Florida Building Commission in cooperation

  8  with the department, and such firesafety requirements must be

  9  incorporated into the Florida Fire Prevention Code and the

10  Florida Building Code, as appropriate.

11         (d)  Accessibility for children, notwithstanding the

12  provisions of s. 553.512.

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

14  alternative architectural and engineering designs to evaluate

15  their energy efficiencies.

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

17  sum of:

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

19  the building which are required to maintain illumination,

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

21  other energy-consuming equipment in a facility; and

22         b.  The reasonable costs of probable maintenance,

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

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

25  department shall develop standards that must include, but need

26  not be limited to:

27         a.  The orientation and integration of the facility

28  with respect to its physical site.

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

30  facility and the directions of exposure.

31

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  1         c.  The effect of insulation incorporated into the

  2  facility design and the effect on solar utilization of the

  3  properties of external surfaces.

  4         d.  The variable occupancy and operating conditions of

  5  the facility and subportions of the facility.

  6         e.  An energy-consumption analysis of the major

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

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

  9  major energy-consuming equipment and systems as appropriate.

10         3.  Life-cycle cost criteria published by the

11  Department of Education for use in evaluating projects.

12         4.  Standards for construction materials and systems

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

14  maintenance costs, custodial costs, operating costs, and life

15  expectancy. The standards may include multiple acceptable

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

17  district school boards to comply with these standards when

18  expending funds from the Public Education Capital Outlay and

19  Debt Service Trust Fund or the School District and Community

20  College District Capital Outlay and Debt Service Trust Fund

21  and to prohibit district school boards from expending local

22  capital outlay revenues for any project that includes

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

24  unless the district school board submits evidence that

25  alternative materials or systems meet or exceed standards

26  developed by the department. Wherever the words "Uniform

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

28  Code for Public Educational Facilities Construction."

29

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

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

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

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

  3  as to afford reasonable protection for the public safety,

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

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

  6  finds desirable in recommending to the Florida Building

  7  Commission revisions to revising the code.

  8         (2)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

  9  FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

10         (1)  UNIFORM BUILDING CODE.--

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

12  public educational and ancillary plants constructed by a

13  district school board or a community college district board of

14  trustees must conform to the Florida State Uniform Building

15  Code and the Florida Fire Prevention Code for Public

16  Educational Facilities Construction, and such plants are

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

18  municipal, or other local amendments to the Florida Building

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

20  assessments of fees for building permits, except as provided

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

22  service availability fees. Any inspection by local or state

23  government must be based on the Florida Uniform Building Code

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

25  Each board shall provide for periodic inspection of the

26  proposed educational plant during each phase of construction

27  to determine compliance with the state requirements for

28  educational facilities Uniform Building Code.

29         (b)  A district school board or community college

30  district board of trustees may conform with the Florida

31  Building Code and the Florida Fire Prevention Code local

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  1  building codes and the administration of such codes when

  2  constructing ancillary plants that are not attached to

  3  educational facilities, if those plants conform to the space

  4  size requirements established in the codes Uniform Building

  5  code.

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

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

  8  college district board of trustees may not approve any plans

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

10  any educational or ancillary plants unless these plans conform

11  to the requirements of the Florida Uniform Building Code and

12  the Florida Fire Prevention Code. Each district school board

13  and community college district board of trustees may adopt

14  policies for delegating to the superintendent or community

15  college president authority for submitting documents to the

16  department and for awarding contracts subsequent to and

17  consistent with board approval of the scope, timeframes,

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

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

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

21         (a)  Prefabricated facilities, factory-built

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

23  portable, relocatable, demountable, or reconstructible; are

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

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

26  boards to contract with the Department of Community Affairs

27  for factory inspections by certified Uniform Building Code

28  inspectors to certify conformance with law and with rules of

29  the Commissioner of Education. The standards must comply with

30  the requirements of s. 235.061 for relocatable facilities

31  intended for long-term use as classroom space.

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  1         (b)  The sanitation of educational and ancillary plants

  2  and the health of occupants of educational and ancillary

  3  plants.

  4         (c)  The safety of occupants of educational and

  5  ancillary plants as provided in s. 235.06.

  6         (d)  The physically handicapped.

  7         (e)  Accessibility for children, notwithstanding the

  8  provisions of s. 553.512.

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

10  alternative architectural and engineering designs to evaluate

11  their energy efficiencies.

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

13  sum of:

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

15  the building that are required to maintain illumination, water

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

17  energy-consuming equipment in a facility; and

18         b.  The reasonable costs of probable maintenance,

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

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

21  department shall develop standards that must include, but need

22  not be limited to:

23         a.  The orientation and integration of the facility

24  with respect to its physical site.

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

26  facility and the directions of exposure.

27         c.  The effect of insulation incorporated into the

28  facility design and the effect on solar utilization of the

29  properties of external surfaces.

30         d.  The variable occupancy and operating conditions of

31  the facility and subportions of the facility.

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  1         e.  An energy consumption analysis of the major

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

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

  4  major energy-consuming equipment and systems as appropriate.

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

  6  available methods of analysis, including such methods as those

  7  of the National Institute of Standards and Technology, the

  8  Department of Housing and Urban Development, and other federal

  9  agencies and professional societies and materials developed by

10  the Department of Management Services and the department.

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

12  required.

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

14  life-cycle cost criteria in the State Requirements for

15  Educational Facilities for use in evaluating projects.

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

17  standards for construction materials and systems based on

18  life-cycle costs that consider initial costs, maintenance

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

20  The standards may include multiple acceptable materials. It is

21  the intent of the Legislature to require district school

22  boards to conform with these standards when expending funds

23  from the Public Education Capital Outlay and Debt Service

24  Trust Fund or the School District and Community College

25  District Capital Outlay and Debt Service Trust Fund and to

26  prohibit district school boards from expending local capital

27  outlay revenues for any project that includes materials or

28  systems that do not comply with these standards unless the

29  district school board submits evidence that alternative

30  materials or systems meet or exceed standards developed by the

31  department.

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

  2  each district school board and community college district

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

  4  ancillary plants meet the standards of the Florida Uniform

  5  Building Code and the Florida Fire Prevention Code and to

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

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

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

  9  employ a chief building official or inspector and such other

10  inspectors, who have been certified by the department or

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

12  necessary to administer and enforce the provisions of this

13  code. Boards may also utilize local building department

14  inspectors who are certified by the department to enforce this

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

16  the Florida Uniform Building Code or the Florida Fire

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

18  constructing an educational, auxiliary, or ancillary facility,

19  a district school board must use construction materials and

20  systems that meet standards adopted pursuant to subparagraph

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

22  deviates from the adopted standards, the district school board

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

24  constructing the facility with the proposed deviations and in

25  compliance with the adopted standards and the Florida Uniform

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

27  proposed deviations and compare how the total construction

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

29  component system of the facility would be affected by

30  implementing the proposed deviations rather than using

31  materials and systems that meet the adopted standards. The

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  1  provisions of this subsection do apply to educational,

  2  auxiliary, and ancillary facility projects commenced on or

  3  after July 1, 1999.

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

  5  ensuring that all educational and ancillary facilities

  6  hereafter constructed or materially altered or added to

  7  conform to the Florida Uniform Building Code standards or

  8  Florida Fire Prevention Code standards, each district school

  9  board and community college district board of trustees that

10  undertakes the construction, renovation, remodeling,

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

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

13  submit plans to the department for approval.

14         (5)  APPROVAL.--

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

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

17  authorized review agent must approve the phase III

18  construction documents. A board may reuse prototype plans on

19  another site, provided the facilities list and phase III

20  construction documents have been updated for the new site and

21  for compliance with the Florida Uniform Building Code and the

22  Florida Fire Prevention Code and any laws relating to

23  firesafety, health and sanitation, casualty safety, and

24  requirements for the physically handicapped which are in

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

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

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

28  shall take into consideration:

29         1.  The need for the new facility.

30         2.  The educational and ancillary plant planning.

31         3.  The architectural and engineering planning.

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  1         4.  The location on the site.

  2         5.  Plans for future expansion.

  3         6.  The type of construction.

  4         7.  Sanitary provisions.

  5         8.  Conformity to Florida Uniform Building Code

  6  standards.

  7         9.  The structural design and strength of materials

  8  proposed to be used.

  9         10.  The mechanical design of any heating,

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

11  heating, ventilating, and air-conditioning systems preapproved

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

13  design of educational facilities.

14         11.  The electrical design of educational plants.

15         12.  The energy efficiency and conservation of the

16  design.

17         13.  Life-cycle cost considerations.

18         14.  The design to accommodate physically handicapped

19  persons.

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

21         16.  The proposed construction cost per gross square

22  foot.

23         17.  Conformity with the Florida Fire Prevention Code.

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

25  project has been inspected to verify compliance with statutes,

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

27  occupants. Verification of compliance with rules, statutes,

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

29  site improvements, or replacement of equipment may be

30  certified by the architect or engineer of record and

31  verification of compliance for other projects may be made by

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  1  an inspector certified by the department or certified pursuant

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

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

  4  and permanent archive of phase III construction documents,

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

  6  boards shall provide project data to the department, as

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

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

  9  shall cooperate with the Florida Building Commission in

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

11  interpretations involving the provisions of the Florida

12  Uniform Building Code which govern the construction of public

13  educational and ancillary facilities, and any objections to

14  decisions made by the inspectors or the department must be

15  submitted in writing.

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

17  department shall biennially review and recommend to the

18  Florida Building Commission updates and revisions to the

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

20  Building Code which govern the construction of public

21  educational and ancillary facilities. The department shall

22  publish and make available to each district school board and

23  community college district board of trustees at no cost copies

24  of the state requirements for educational facilities code and

25  each amendment and revision thereto. The department shall make

26  additional copies available to all interested persons at a

27  price sufficient to recover costs.

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

29  Code for Public Educational Facilities Construction has the

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

31  by a district school board or community college district board

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

  2  construction of educational and ancillary plants whether at

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

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

  5  local application are hereby repealed to the extent that they

  6  conflict with this section.

  7         (8)(9)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

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

  9  with boards and county and state emergency management offices,

10  include within the standards to be developed under subsection

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

12  Educational Facilities Construction to incorporate public

13  shelter design criteria that shall be incorporated into the

14  Florida Uniform Building Code. The new criteria must be

15  designed to ensure that appropriate core facility areas in new

16  educational facilities can serve as public shelters for

17  emergency management purposes.  The Commissioner of Education

18  shall publish proposed amendments to the State Uniform

19  Building Code for Public Educational Facilities Construction

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

21  facility, or an appropriate core facility area within a

22  facility, for which a design contract is entered into

23  subsequent to the effective date of the inclusion of the

24  public shelter criteria in the code must be built in

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

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

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

28  board with the concurrence of the applicable local emergency

29  management agency or the Department of Community Affairs.  Any

30  educational facility located or proposed to be located in an

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

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

  2  educational facility is being constructed within any 3-mile

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

  4  the basis of cost-effectiveness and greatest provision of

  5  shelter space, is required to incorporate the public shelter

  6  criteria into its construction.

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

  8  even-numbered year thereafter, the Department of Community

  9  Affairs shall prepare and submit a statewide emergency shelter

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

11  must identify the general location and square footage of

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

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

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

15  which should be constructed to comply with emergency shelter

16  criteria and must recommend an appropriate, adequate, and

17  dedicated source of funding for the additional cost of

18  constructing emergency shelters within these public

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

20  required to build more emergency shelter space than identified

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

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

23  this subsection.

24         (9)(10)  LOCAL LEGISLATION PROHIBITED.--After June 30,

25  1985, pursuant to s. 11(a)(21), Art. III of the State

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

27  general law of local application which proposes to amend,

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

29  adopted under the authority of this section.

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

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

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  1         253.033  Inter-American Center property; transfer to

  2  board; continued use for government purposes.--

  3         (2)  It is hereby recognized that certain governmental

  4  entities have expended substantial public funds in acquiring,

  5  planning for, or constructing public facilities for the

  6  purpose of carrying out or undertaking governmental functions

  7  on property formerly under the jurisdiction of the authority.

  8  All property owned or controlled by any governmental entity

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

10  amendments thereto and from local building and zoning

11  regulations which might otherwise be applicable in the absence

12  of this section in carrying out or undertaking any such

13  governmental function and purpose.

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

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

16  amended to read:

17         255.25  Approval required prior to construction or

18  lease of buildings.--

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

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

21  constructed for state use unless prior approval of the

22  architectural design and preliminary construction plans is

23  first obtained from the Department of Management Services.

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

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

26  read:

27         255.31  Authority to the Department of Management

28  Services to manage construction projects for state and local

29  governments.--

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

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

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  1  buildings is governed by the Florida Building Code and the

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

  3  local jurisdictions or local enforcement districts unless

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

  5  Department of Management Services shall provide the project

  6  management and administration services for the construction,

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

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

  9  improvements for projects for which the funds are appropriated

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

11  facilities constructed under the authority of chapters 944,

12  945, and 985, the department may not conduct plans reviews or

13  inspection services for consistency with the Florida Building

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

15  from such appropriations.

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

17  request, enter into contracts with other state agencies under

18  which the department may provide the project management,

19  administration services, or assistance for the construction,

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

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

22  improvements for projects for which the funds are appropriated

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

24  conduct plans reviews or inspection services for consistency

25  with the Florida Building Code. The contracts shall provide

26  for payment of fees to the department.

27         Section 14.  Section 316.1955, Florida Statutes, is

28  amended to read:

29         316.1955  Enforcement of parking requirements spaces

30  for persons who have disabilities.--

31

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

  2  the defenses available to a place of public accommodation

  3  under the Americans with Disabilities Act and the federal

  4  Americans with Disabilities Act Accessibility Guidelines,

  5  including, but not limited to, the readily achievable

  6  standard, and the standards applicable to alterations to

  7  places of public accommodation. Subject to the exceptions

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

  9  parking and loading zone requirements of the federal Americans

10  with Disabilities Act Accessibility Guidelines (ADAAG), as

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

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

13  accessibility, those requirements are adopted and incorporated

14  by reference as the law of this state.

15         (2)  State agencies and political subdivisions having

16  jurisdiction over street parking or publicly owned or operated

17  parking facilities are not required to provide a greater

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

19  regulations, guidelines, or practices normally applied to new

20  development.

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

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

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

24  designed and marked for the exclusive use of those individuals

25  who have a severe physical disability and have permanent or

26  temporary mobility problems that substantially impair their

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

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

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

30  320.0845.

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  1         (4)  The number of accessible parking spaces must

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

  3  following:

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

  5  immediate vicinity of a publicly owned or leased building that

  6  houses a governmental entity or a political subdivision,

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

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

  9  premises of the building.

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

11  each 150 metered onstreet parking spaces provided by state

12  agencies and political subdivisions.

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

14  disabilities must be increased on the basis of demonstrated

15  and documented need.

16         (5)  Accessible perpendicular and diagonal accessible

17  parking spaces and loading zones must be designed and located

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

19  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

20  Design."

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

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

23  compelled to walk or wheel behind parked vehicles.

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

25  accessible route from the parking space to an accessible

26  entrance. If there are multiple entrances or multiple retail

27  stores, the parking spaces must be dispersed to provide

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

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

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

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

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

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

  3  safely accessible route to an accessible entrance to the theme

  4  park or entertainment complex or to transportation to such an

  5  accessible entrance.

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

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

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

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

10  aisles must be placed adjacent to accessible parking spaces;

11  however, two accessible parking spaces may share a common

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

13  designate it as a no-parking zone.

14         2.  The parking access aisles are reserved for the

15  temporary exclusive use of persons who have disabled parking

16  permits and who require extra space to deploy a mobility

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

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

19  are subject to the same penalties that are imposed for

20  illegally parking in parking spaces that are designated for

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

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

23  disabled or owns a disabled parking permit.

24         3.  Any provision of this subsection to the contrary

25  notwithstanding, a theme park or an entertainment complex as

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

27  attendant services for directing individuals to marked

28  accessible parking spaces or designated lots for parking by

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

30  parking space design, provide parking spaces that comply with

31

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

  2  Accessibility Guidelines.

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

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

  5  entrances. Such spaces must be designed in conformance with

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

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

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

  9  the opening and closing of motor vehicle doors. This

10  subsection does not relieve the owner of the responsibility to

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

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

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

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

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

16  parking spaces and access aisles.

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

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

19  with s. 553.508 must comply with this section unless

20  compliance would cause the barrier removal not to be readily

21  achievable.  If compliance would cause the barrier removal not

22  to be readily achievable, a facility may provide parking

23  spaces at alternative locations for persons who have

24  disabilities and provide appropriate signage directing persons

25  who have disabilities to the alternative parking if readily

26  achievable.  The facility may not reduce the required number

27  or dimensions of those spaces, nor may it unreasonably

28  increase the length of the accessible route from a parking

29  space to the facility.  The removal of an architectural

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

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

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

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

  3  extent feasible.  If compliance with parking location

  4  requirements is not feasible, the facility may provide parking

  5  spaces at alternative locations for persons who have

  6  disabilities and provide appropriate signage directing persons

  7  who have a disability to alternative parking.  The facility

  8  may not reduce the required number or dimensions of those

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

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

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

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

13         (6)  Each such parking space must be prominently

14  outlined with blue paint, and must be repainted when

15  necessary, to be clearly distinguishable as a parking space

16  designated for persons who have disabilities and must be

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

18  approved by the Department of Transportation, which is placed

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

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

21  accessibility meeting the requirements of ADAAG s. 4.30.7 and

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

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

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

25  contrary notwithstanding, in a theme park or an entertainment

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

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

28  indicating the lot as reserved for accessible parking may be

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

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

31

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  1  the responsibility of complying with the signage requirements

  2  of ADAAG s. 4.30.

  3         (1)(7)  It is unlawful for any person to stop, stand,

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

  5  designated and marked parking space provided in accordance

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

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

  8  320.0848 or a license plate issued under s. 320.084, s.

  9  320.0842, s. 320.0843, or s. 320.0845, and the vehicle is

10  transporting the person to whom the displayed permit is

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

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

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

14  distinguishable as a designated accessible parking space for

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

16  unlawfully parking in a space designated for persons with

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

18  553.5041 subsection (6).

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

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

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

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

23  to any lawful parking space or facility or require the

24  operator or other person in charge of the vehicle immediately

25  to remove the unauthorized vehicle from the parking space.

26  Whenever any vehicle is removed under this section to a

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

28  the removal and parking constitutes a lien against the

29  vehicle.

30         (b)  The officer or specialist shall charge the

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

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  1  with a noncriminal traffic infraction, punishable as provided

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

  3         (c)  All convictions for violations of this section

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

  5  Vehicles by the clerk of the court.

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

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

  8  disabled parking permit and driver's license or state

  9  identification card when investigating the possibility of a

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

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

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

13         (2)(8)  It is unlawful for any person to obstruct the

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

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

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

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

18  designated as an accessible parking space for persons who have

19  disabilities.

20         (3)(9)  Any person who is chauffeuring a person who has

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

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

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

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

25  upon the driver for such temporary standing.

26         (4)(10)(a)  A vehicle that is transporting a person who

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

28  320.0848(1)(a) may be parked for a maximum of 30 minutes in

29  any parking space reserved for persons who have disabilities.

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

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

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  1  provides parking in designated areas for persons who have

  2  disabilities may allow any vehicle that is transporting a

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

  4  reserved for persons who have disabilities throughout the

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

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

  7  Florida Statutes, is amended to read:

  8         381.006  Environmental health.--The department shall

  9  conduct an environmental health program as part of fulfilling

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

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

12  factors in the environment.  The environmental health program

13  shall include, but not be limited to:

14         (15)  A sanitary facilities function, which shall

15  include minimum standards for the maintenance and sanitation

16  of sanitary facilities; public access to sanitary facilities;

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

18  fixtures in places serving the public and places of

19  employment; and fixture ratios for special or temporary events

20  and for homeless shelters.

21         Section 16.  Effective January 1, 2001, section

22  383.301, Florida Statutes, is amended to read:

23         383.301  Licensure and regulation of birth centers;

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

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

26  establishment, construction, maintenance, and operation of

27  birth centers by providing for licensure of birth centers and

28  for the development, establishment, and enforcement of minimum

29  standards with respect to birth centers.

30

31

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

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

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

  4         383.309  Minimum standards for birth centers; rules and

  5  enforcement.--

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

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

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

  9  ensuring that:

10         (a)  Sufficient numbers and qualified types of

11  personnel and occupational disciplines are available at all

12  times to provide necessary and adequate patient care and

13  safety.

14         (b)  Infection control, housekeeping, sanitary

15  conditions, disaster plan, and medical record procedures that

16  will adequately protect patient care and provide safety are

17  established and implemented.

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

19  of licensed facilities are governed by rules of the agency

20  which use the most recently adopted, nationally recognized

21  codes wherever feasible.  Facilities licensed under s. 383.305

22  are exempt from local construction standards to the extent

23  that those standards are in conflict with the standards

24  adopted by rule of the agency.

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

26  and operated consistent with established programmatic

27  standards.

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

29  the design, construction, erection, alteration, modification,

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

31  the Legislature to preempt that function to the Florida

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  1  Building Commission and the State Fire Marshal through

  2  adoption and maintenance of the Florida Building Code and the

  3  Florida Fire Prevention Code. However, the agency shall

  4  provide technical assistance to the commission and the State

  5  Fire Marshal in updating the construction standards of the

  6  Florida Building Code and the Florida Fire Prevention Code

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

  8  enforce the special-occupancy provisions of the Florida

  9  Building Code and the Florida Fire Prevention Code which apply

10  to birth centers in conducting any inspection authorized under

11  this chapter.

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

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

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

15         394.879  Rules; enforcement.--

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

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

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

19  minimum, rules providing standards to ensure that:

20         (f)  Facility construction and design requirements are

21  consistent with the patients' conditions and that The

22  operation and purposes of these facilities assure individuals'

23  health, safety, and welfare.

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

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

26  modification, repair, or demolition of crisis stabilization

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

28  function to the Florida Building Commission and the State Fire

29  Marshal through adoption and maintenance of the Florida

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

31  the agency shall provide technical assistance to the

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  1  commission and the State Fire Marshal in updating the

  2  construction standards of the Florida Building Code and the

  3  Florida Fire Prevention Code which govern crisis stabilization

  4  units. In addition, the agency may enforce the

  5  special-occupancy provisions of the Florida Building Code and

  6  the Florida Fire Prevention Code which apply to crisis

  7  stabilization units in conducting any inspection authorized

  8  under this part.

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

10  395.0163, Florida Statutes, is amended to read:

11         395.0163  Construction inspections; plan submission and

12  approval; fees.--

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

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

15  health care facilities are governed by the Florida Building

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

17  663.022. In addition to the requirements of ss. 553.79 and

18  553.80, the agency shall review facility plans and survey the

19  construction of any facility licensed under this chapter. The

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

21  inspections and investigations as it deems necessary. The

22  agency may prescribe by rule that any licensee or applicant

23  desiring to make specified types of alterations or additions

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

25  commencing such alteration, addition, or new construction,

26  submit plans and specifications therefor to the agency for

27  preliminary inspection and approval or recommendation with

28  respect to compliance with applicable provisions of the

29  Florida Building Code or agency rules and standards.  The

30  agency shall approve or disapprove the plans and

31  specifications within 60 days after receipt of the fee for

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

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

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

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

  5  have approved the plans and specifications.  When the agency

  6  disapproves plans and specifications, it shall set forth in

  7  writing the reasons for its disapproval. Conferences and

  8  consultations may be provided as necessary.

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

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

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

12  section, to read:

13         395.1055  Rules and enforcement.--

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

15  design, construction, erection, alteration, modification,

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

17  intermediate residential treatment facility, or ambulatory

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

19  preempt that function to the Florida Building Commission and

20  the State Fire Marshal through adoption and maintenance of the

21  Florida Building Code and the Florida Fire Prevention Code.

22  However, the agency shall provide technical assistance to the

23  commission and the State Fire Marshal in updating the

24  construction standards of the Florida Building Code and the

25  Florida Fire Prevention Code which govern hospitals,

26  intermediate residential treatment facilities, and ambulatory

27  surgical centers.

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

29  395.10973, Florida Statutes, to read:

30         395.10973  Powers and duties of the agency.--It is the

31  function of the agency to:

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

  2  Florida Building Code which apply to hospitals, intermediate

  3  residential treatment facilities, and ambulatory surgical

  4  centers in conducting any inspection authorized by this

  5  chapter.

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

  7  Florida Statutes, is amended to read:

  8         399.02  General requirements.--

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

10  Florida Building Commission for consideration adopt by rule an

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

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

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

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

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

16  Elevators and Escalators ASME A17.1."

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

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

19         (b)  The equipment not covered by this chapter

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

21  inclined stairway chairlifts, and inclined or vertical

22  wheelchair lifts located in private residences; elevators in

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

24  pump station lifts; automobile parking lifts; and equipment

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

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

27  Safety Code as authorized by the Elevator Safety Code.

28         (3)(4)  Each elevator shall have a serial number

29  assigned by the division painted on or attached to the

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

31

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  1  This serial number shall be shown on all required certificates

  2  and permits.

  3         (4)(5)(a)  The construction permitholder is responsible

  4  for the correction of violations and deficiencies until the

  5  elevator has been inspected and a certificate of operation has

  6  been issued by the division.  The construction permitholder is

  7  responsible for all tests of new and altered equipment until

  8  the elevator has been inspected and a certificate of operation

  9  has been issued by the division.

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

11  operation and proper maintenance of the elevator after it has

12  been inspected and a certificate of operation has been issued

13  by the division.  The responsibilities of the elevator owner

14  may be assigned by lease.

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

16  days before the expiration of the certificate of operation

17  whether there exists a service maintenance contract, with whom

18  the contract exists, and the details concerning the provisions

19  and implementation of the contract which the division

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

21  whom the contract exists confidential pursuant to the public

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

23  contract report must be made on forms supplied by the

24  division.  The elevator owner must report any material change

25  in the service maintenance contract no fewer than 30 days

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

27  determine whether the provisions of the service maintenance

28  contract and its implementation ensure the safe operation of

29  the elevator.

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

31  file with the division a certificate of comprehensive general

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  1  liability insurance evidencing coverage limits in the minimum

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

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

  4  certificate of competency issued under s. 399.045.

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

  6  all of the provisions of this chapter relating to the

  7  inspection and regulation of elevators and to enforce the

  8  provisions of the Florida Building Code which govern elevators

  9  and conveying systems in conducting the inspections authorized

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

11  health, welfare, and safety.

12         (6)  The division shall annually review the provisions

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

14  other related model codes and amendments thereto, and

15  recommend to the Florida Building Commission revisions to the

16  Florida Building Code to maintain the protection of the public

17  health, safety, and welfare.

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

19  Florida Statutes, is amended to read:

20         399.03  Design, installation, and alteration of

21  elevators.--

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

23  Florida Building Elevator Safety Code that was in effect at

24  the time of receipt of application for the construction permit

25  for the elevator.

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

27  shall comply with the edition of the Florida Building Elevator

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

29  application for the construction permit for the alteration or

30  relocation.

31

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

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

  3  requirements of the version of the Florida Building Elevator

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

  5  application for the construction permit for the change in

  6  classification.

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

  8  Statutes, is amended to read:

  9         399.061  Inspections; correction of deficiencies.--

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

11  must be inspected pursuant to s. 399.13 by a third-party

12  inspection service certified as a Qualified Elevator Inspector

13  or maintained pursuant to a service maintenance contract

14  continuously in force. A statement verifying the existence,

15  performance, and cancellation of each service maintenance

16  contract must be filed annually with the division as

17  prescribed by rule. All elevators for which a service

18  maintenance contract is not continuously in force, the

19  division shall inspect such elevators at least once between

20  July 1 of any year and June 30 of the next year, the state's

21  fiscal year.

22         (b)  When a service maintenance contract is

23  continuously maintained with an elevator company, the division

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

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

26  implemented.  An elevator covered by such a service

27  maintenance contract shall be inspected by a

28  certificate-of-competency holder state elevator inspector at

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

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

31  two adjacent floors and is covered by a service maintenance

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

  2  service contract remains in effect.

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

  4  necessary to ensure its safe operation.

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

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

  7         399.13  Delegation of authority to municipalities or

  8  counties.--

  9         (1)  The division may enter into contracts with

10  municipalities or counties under which such municipalities or

11  counties will issue construction permits, temporary operation

12  permits, and certificates of operation; will provide

13  inspection of elevators; and will enforce the applicable

14  provisions of the Florida Building Elevator Safety Code, as

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

16  provision that the municipality or county shall maintain for

17  inspection by the division copies of all applications for

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

19  proper records showing the number of certificates of operation

20  issued; shall include a provision that each required

21  inspection be conducted by the holder of a certificate of

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

23  provisions as the division deems necessary.

24         Section 26.  Effective January 1, 2001, section

25  400.011, Florida Statutes, is amended to read:

26         400.011  Purpose.--The purpose of this part is to

27  provide for the development, establishment, and enforcement of

28  basic standards for:

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

30  nursing homes and related health care facilities; and

31

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

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

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

  4  facilities.

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

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

  7  amended to read:

  8         400.23  Rules; evaluation and deficiencies; licensure

  9  status.--

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

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

12  Department of Elderly Affairs, shall adopt and enforce rules

13  to implement this part, which shall include reasonable and

14  fair criteria in relation to:

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

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

17  lighting, ventilation, and other housing conditions that which

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

19  including an adequate call system.  The agency shall establish

20  standards for facilities and equipment to increase the extent

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

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

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

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

25  during and immediately following disasters.  The agency shall

26  work with facilities licensed under this part and report to

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

28  recommendations for cost-effective renovation standards to be

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

30  agency shall be guided by criteria recommended by nationally

31  recognized reputable professional groups and associations with

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

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

  3  must comply with those lifesafety code requirements and

  4  building code standards applicable at the time of approval of

  5  their construction plans. The agency may require alterations

  6  to a building if it determines that an existing condition

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

  8  performing any inspections of facilities authorized by this

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

10  of the Florida Building Code and the Florida Fire Prevention

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

12  provide assistance to the Florida Building Commission in

13  updating the construction standards of the code relative to

14  nursing homes. The agency shall adopt fair and reasonable

15  rules setting forth conditions under which existing facilities

16  undergoing additions, alterations, conversions, renovations,

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

18  updated or revised standards.

19         Section 28.  Effective January 1, 2001, section

20  400.232, Florida Statutes, is amended to read:

21         400.232  Review and approval of plans; fees and

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

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

24  health care facilities are governed by the Florida Building

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

26  633.022. In addition to the requirements of ss. 553.79 and

27  553.80, the agency shall review the facility plans and survey

28  the construction of facilities licensed under this chapter.

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

30  and specifications within 60 days after receipt of the final

31  plans and specifications.  The agency may be granted one

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  1  15-day extension for the review period, if the director of the

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

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

  4  and specifications. When the agency disapproves plans and

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

  6  disapproval. Conferences and consultations may be provided as

  7  necessary.

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

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

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

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

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

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

14  review through the initial revised construction document

15  review.  The agency is further authorized to collect its

16  actual costs on all subsequent portions of the review and

17  construction inspections.  Initial fee payment shall accompany

18  the initial submission of plans and specifications.  Any

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

20  invoice from the agency. Notwithstanding any other provisions

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

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

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

24  operations required under this section.

25         Section 29.  Section 455.2286, Florida Statutes, is

26  amended to read:

27         455.2286  Automated information system.--By November 1,

28  2001 1999, the department shall implement an automated

29  information system for all certificateholders and registrants

30  under part XII of chapter 468, chapter 471, chapter 481, or

31  chapter 489.  The system shall provide instant notification to

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  1  local building departments and other interested parties

  2  regarding the status of the certification or registration.

  3  The provision of such information shall consist, at a minimum,

  4  of an indication of whether the certification or registration

  5  is active, of any current failure to meet the terms of any

  6  final action by a licensing authority, of any ongoing

  7  disciplinary cases that are subject to public disclosure,

  8  whether there are any outstanding fines, and of the reporting

  9  of any material violations pursuant to s. 553.781. The system

10  shall also retain information developed by the department and

11  local governments on individuals found to be practicing or

12  contracting without holding the applicable license,

13  certification, or registration required by law. The system may

14  be Internet-based.

15         Section 30.  Effective January 1, 2001, section

16  468.604, Florida Statutes, is amended to read:

17         468.604  Responsibilities of building code

18  administrators, plans examiners, and inspectors.--

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

20  administrator or building official to administrate, supervise,

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

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

23  structures and the installation of building systems within the

24  boundaries of their governmental jurisdiction, when permitting

25  is required, to ensure compliance with the Florida Building

26  Code and any applicable local technical amendment to the

27  Florida Building Code building, plumbing, mechanical,

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

29  other construction codes which are required or adopted by

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

31  code administrator or building official shall faithfully

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  1  perform these responsibilities without interference from any

  2  person. These responsibilities include:

  3         (a)  The review of construction plans to ensure

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

  5  construction plans must be reviewed before the issuance of any

  6  building, system installation, or other construction permit.

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

  8  code administrator or building official or by a person having

  9  the appropriate plans examiner license issued under this

10  chapter.

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

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

13  building code administrator or building official, or a person

14  having the appropriate building code inspector license issued

15  under this chapter, shall inspect the construction or

16  installation to ensure that the work is performed in

17  accordance with applicable sections of the code codes.

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

19  inspector to conduct inspections of construction, alteration,

20  repair, remodeling, or demolition of structures and the

21  installation of building systems, when permitting is required,

22  to ensure compliance with the Florida Building Code and any

23  applicable local technical amendment to the Florida Building

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

25  energy conservation, accessibility, and other construction

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

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

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

29  code inspector's responsibilities must be performed under the

30  direction of the building code administrator or building

31  official without interference from any unlicensed person.

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

  2  conduct review of construction plans submitted in the permit

  3  application to assure compliance with the Florida Building

  4  Code and any applicable local technical amendment to the

  5  Florida Building Code all applicable codes required by

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

  7  construction plans must be done by the building code

  8  administrator or building official or by a person licensed in

  9  the appropriate plans examiner category as defined in s.

10  468.603. The plans examiner's responsibilities must be

11  performed under the supervision and authority of the building

12  code administrator or building official without interference

13  from any unlicensed person.

14         Section 31.  Section 468.607, Florida Statutes, is

15  amended to read:

16         468.607  Certification of building code administration

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

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

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

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

21  may be employed by a state agency or local governmental

22  authority to perform the duties of a building code

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

24  1993, without possessing the proper valid certificate issued

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

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

27  conducting activities authorized by certification under that

28  section is certified to continue to conduct inspections for a

29  local government until the person's UBCI certification

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

31  valid certificate issued in accordance with this part.

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  1         Section 32.  Subsections (2) and (3) of section

  2  468.609, Florida Statutes, are amended to read:

  3         468.609  Administration of this part; standards for

  4  certification; additional categories of certification.--

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

  6  examination for certification as an inspector or plans

  7  examiner pursuant to this part if the person:

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

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

10         (c)  Meets eligibility requirements according to one of

11  the following criteria:

12         1.  Demonstrates 5 years' combined experience in the

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

14  or plans review corresponding to the certification category

15  sought;

16         2.  Demonstrates a combination of postsecondary

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

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

19  total being experience in construction, building inspection,

20  or plans review;

21         3.  Demonstrates a combination of technical education

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

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

24  experience in construction, building inspection, or plans

25  review; or

26         4.  Currently holds a standard certificate as issued by

27  the board and satisfactorily completes an inspector or plans

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

29  certification category sought. The board shall establish by

30  rule criteria for the development and implementation of the

31  training programs.

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  1         (d)  After the Building Code Training Program is

  2  established under s. 553.841, demonstrates successful

  3  completion of the core curriculum and specialized or advanced

  4  module coursework approved by the Florida Building Commission,

  5  as part of the Building Code Training Program established

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

  7  sought or, pursuant to authorization by the certifying

  8  authority, provides proof of completion of such curriculum or

  9  coursework within 6 months after such certification.

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

11  examination for certification as a building code administrator

12  pursuant to this part if the person:

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

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

15         (c)  Meets eligibility requirements according to one of

16  the following criteria:

17         1.  Demonstrates 10 years' combined experience as an

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

19  registered or certified contractor, or construction

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

21  supervisory positions; or

22         2.  Demonstrates a combination of postsecondary

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

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

25  an architect, engineer, plans examiner, building code

26  inspector, registered or certified contractor, or construction

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

28  such total being experience in supervisory positions.

29         (d)  After the Building Code Training Program is

30  established under s. 553.841, demonstrates successful

31  completion of the core curriculum and specialized or advanced

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  1  module coursework approved by the Florida Building Commission,

  2  as part of the Building Code Training Program established

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

  4  sought or, pursuant to authorization by the certifying

  5  authority, provides proof of completion of such curriculum or

  6  coursework within 6 months after such certification.

  7         Section 33.  Section 468.617, Florida Statutes, is

  8  amended to read:

  9         468.617  Joint inspection department; other

10  arrangements.--

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

12  jurisdiction, school board, community college board, state

13  university, or state agency from entering into and carrying

14  out contracts with any other local jurisdiction or educational

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

16  joint inspection department for conforming to the provisions

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

18  local jurisdiction may designate an inspector from another

19  local jurisdiction to serve as an inspector for the purposes

20  of this part.

21         (2)  Nothing in this part shall prohibit local

22  governments, school boards, community college boards, state

23  universities, or state agencies from contracting with persons

24  certified pursuant to this part to perform inspections or plan

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

26  plans on projects in which the individual or entity designed

27  or permitted the projects.

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

29  municipal government, school board, community college board,

30  state university, or state agency from entering into any

31  contract with any person or entity for the provision of

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  1  services regulated under this part, and notwithstanding any

  2  other statutory provision, such county or municipal

  3  governments may enter into contracts.

  4         Section 34.  Effective January 1, 2001, paragraph (d)

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

  6  amended to read:

  7         469.002  Exemptions.--

  8         (1)  This chapter does not apply to:

  9         (d)  Moving, removal, or disposal of

10  asbestos-containing materials on a residential building where

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

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

13  owner-builder limitations provided in this paragraph. To

14  qualify for exemption under this paragraph, an owner must

15  personally appear and sign the building permit application.

16  The permitting agency shall provide the person with a

17  disclosure statement as provided in chapter 1 of the Florida

18  Building Code. in substantially the following form:

19

20                       Disclosure Statement

21

22         State law requires asbestos abatement to be done by

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

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

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

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

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

28  dispose of asbestos-containing materials on a residential

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

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

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

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

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

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

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

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

  6  state, and federal laws and regulations which apply to

  7  asbestos abatement projects. It is your responsibility to make

  8  sure that people employed by you have licenses required by

  9  state law and by county or municipal licensing ordinances.

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

11  471.015, Florida Statutes, to read:

12         471.015  Licensure.--

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

14  for certification of licensees as special inspectors of

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

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

17  inspector is not required to meet standards for certification

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

19  of a threshold building may not be prohibited from selecting

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

21  The board shall develop minimum qualifications for the

22  qualified representative of the special inspector who is

23  authorized to perform inspections of threshold buildings on

24  behalf of the special inspector under s. 553.79.

25         Section 36.  Subsection (7) is added to section

26  481.213, Florida Statutes, to read:

27         481.213  Licensure.--

28         (7)  For persons whose licensure requires satisfaction

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

30  shall, by rule, establish qualifications for certification of

31  such persons as special inspectors of threshold buildings, as

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

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

  3  to meet standards for certification other than those

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

  5  building may not be prohibited from selecting any person

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

  7  shall develop minimum qualifications for the qualified

  8  representative of the special inspector who is authorized

  9  under s. 553.79 to perform inspections of threshold buildings

10  on behalf of the special inspector.

11         Section 37.  Effective January 1, 2001, subsection (19)

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

13         489.103  Exemptions.--This part does not apply to:

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

15  prefabricated portable sheds that are not more than 250 square

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

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

18  construed to interfere with the Florida Building Code or any

19  applicable local technical amendment to the Florida Building

20  Code local building codes, local licensure requirements, or

21  other local ordinance provisions.

22         Section 38.  Effective July 1, 2000, subsection (7) is

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

24         489.107  Construction Industry Licensing Board.--

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

26  the board shall be located in Leon County.

27         Section 39.  Paragraph (b) of subsection (4) of section

28  489.115, Florida Statutes, is amended to read:

29         489.115  Certification and registration; endorsement;

30  reciprocity; renewals; continuing education.--

31         (4)

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  1         (b)1.  Each certificateholder or registrant shall

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

  3  that the certificateholder or registrant has completed at

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

  5  continuing education courses during each biennium since the

  6  issuance or renewal of the certificate or registration.  The

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

  8  14 hours must deal with the subject of workers' compensation,

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

10  rule establish criteria for the approval of continuing

11  education courses and providers, including requirements

12  relating to the content of courses and standards for approval

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

14  alternative nonclassroom continuing education on an

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

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

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

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

19  to complete the full 14 hours of continuing education.

20         2.  In addition, the board may approve specialized

21  continuing education courses on compliance with the wind

22  resistance provisions for one and two family dwellings

23  contained in the State Minimum Building Codes and any

24  alternate methodologies for providing such wind resistance

25  which have been approved for use by the Florida Building

26  Commission Board of Building Codes and Standards.  Division I

27  certificateholders or registrants who demonstrate proficiency

28  upon completion of such specialized courses may certify plans

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

30  compliance with the code or alternate methodologies, as

31  appropriate, except for dwellings located in floodways or

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

  2  National Flood Insurance Program.

  3         3.  Each certificateholder or registrant shall provide

  4  to the board proof of completion of the core curriculum

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

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

  7  licensing category sought, within 2 years after commencement

  8  of the program or of initial certification or registration,

  9  whichever is later.  Classroom hours spent taking core

10  curriculum courses shall count toward the number required for

11  renewal of certificates or registration.  A certificateholder

12  or registrant who passes the equivalency test in lieu of

13  taking the core curriculum courses shall receive full credit

14  for core curriculum course hours.

15         Section 40.  Effective January 1, 2001, paragraph (b)

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

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

18  by this act, is reenacted to read:

19         489.115  Certification and registration; endorsement;

20  reciprocity; renewals; continuing education.--

21         (4)

22         (b)1.  Each certificateholder or registrant shall

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

24  that the certificateholder or registrant has completed at

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

26  continuing education courses during each biennium since the

27  issuance or renewal of the certificate or registration.  The

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

29  14 hours must deal with the subject of workers' compensation,

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

31  rule establish criteria for the approval of continuing

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  1  education courses and providers, including requirements

  2  relating to the content of courses and standards for approval

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

  4  alternative nonclassroom continuing education on an

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

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

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

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

  9  to complete the full 14 hours of continuing education.

10         2.  In addition, the board may approve specialized

11  continuing education courses on compliance with the wind

12  resistance provisions for one and two family dwellings

13  contained in the Florida Building Code and any alternate

14  methodologies for providing such wind resistance which have

15  been approved for use by the Florida Building Commission.

16  Division I certificateholders or registrants who demonstrate

17  proficiency upon completion of such specialized courses may

18  certify plans and specifications for one and two family

19  dwellings to be in compliance with the code or alternate

20  methodologies, as appropriate, except for dwellings located in

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

22  E of the National Flood Insurance Program.

23         3.  Each certificateholder or registrant shall provide

24  to the board proof of completion of the core curriculum

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

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

27  licensing category sought, within 2 years after commencement

28  of the program or of initial certification or registration,

29  whichever is later.  Classroom hours spent taking core

30  curriculum courses shall count toward the number required for

31  renewal of certificates or registration.  A certificateholder

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  1  or registrant who passes the equivalency test in lieu of

  2  taking the core curriculum courses shall receive full credit

  3  for core curriculum course hours.

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

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

  6  specialized or advanced module courses, approved by the

  7  Florida Building Commission, on any portion of the Florida

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

  9  relating to the contractor's respective discipline.

10         Section 41.  Section 497.255, Florida Statutes, is

11  amended to read:

12         497.255  Standards for construction and significant

13  alteration or renovation of mausoleums and columbaria.--

14         (1)  All newly constructed and significantly altered or

15  renovated mausoleums and columbaria must, in addition to

16  complying with applicable building codes, conform to the

17  standards adopted under this section.

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

19  1999, rules establishing minimum standards for all newly

20  constructed and significantly altered or renovated mausoleums

21  and columbaria; however, in the case of significant

22  alterations or renovations to existing structures, the rules

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

24  altered or renovated portion of such structures, except as

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

26  said rules, the board may define different classes of

27  structures or construction standards, and may provide for

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

29  designation of classes and the application of different rules

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

31  board based on evidence of industry practices, economic and

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

  2  that the rules shall provide minimum standards applicable to

  3  all construction.  For example, and without limiting the

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

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

  6  same level of construction standards that a large multistory

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

  8  low-lying area subject to frequent flooding or hurricane

  9  threats might require different standards than one located on

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

11  threats.  The board shall develop the rules in cooperation

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

13  Building Commission Codes and Standards of the Department of

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

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

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

17  Board of Building Commission Codes and Standards advises that

18  some of the standards proposed by the board are not

19  appropriate for inclusion in such building codes, the board

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

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

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

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

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

25  binding on licensees and others subject to the jurisdiction of

26  the board, but only the chapter containing provisions

27  appropriate for building codes shall be transmitted to the

28  Florida Board of Building Commission Codes and Standards

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

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

31

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  1  specifications for construction; or other mechanisms. Such

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

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

  4  for use for interment, entombment, or inurnment purposes

  5  unless constructed of such material and workmanship as will

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

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

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

  9  mausoleum construction and engineering science.

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

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

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

13         (c)  Such structure must contain adequate provision for

14  drainage and ventilation.

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

16  construction. Notwithstanding the requirements of s. 553.895

17  and chapter 633, any mausoleum or columbarium constructed of

18  noncombustible materials, as defined in the Standard Building

19  Code, shall not require a sprinkler system.

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

21  other storm damage to the highest degree provided under

22  applicable building codes for buildings of that class.

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

24  permanently sealing each crypt with durable materials after

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

26  effluvia or odors may escape therefrom except as provided by

27  design and sanitary engineering standards. Panels for

28  permanent seals must be solid and constructed of materials of

29  sufficient weight, permanence, density, imperviousness, and

30  strength as to ensure their durability and continued

31  functioning. Permanent crypt sealing panels must be securely

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

  2  resilient, and durable materials after the interment or

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

  4  each crypt must be of a durable, permanent, fire-resistant

  5  material; however, plastic, fiberglass, and wood are not

  6  acceptable materials for such outer or exposed coverings.

  7         (g)  Interior and exterior fastenings for hangers,

  8  clips, doors, and other objects must be of copper, copper-base

  9  alloy, aluminum, or stainless steel of adequate gauges, or

10  other materials established by rule which provide equivalent

11  or better strength and durability, and must be properly

12  installed.

13         (3)  The board shall transmit the rules as adopted

14  under subsection (2), hereinafter referred to as the

15  "mausoleum standards," to the Florida Board of Building

16  Commission Codes and Standards, which shall initiate

17  rulemaking under chapter 120 to consider such mausoleum

18  standards. If such mausoleum standards are not deemed

19  acceptable, they shall be returned by the Florida Board of

20  Building Commission Codes and Standards to the board with

21  details of changes needed to make them acceptable. If such

22  mausoleum standards are acceptable, the Florida Board of

23  Building Commission Codes and Standards shall adopt a rule

24  designating the mausoleum standards as an approved revision to

25  the State Minimum Building Codes under part VII of chapter

26  553. When so designated by the Florida Board of Building

27  Commission Codes and Standards, such mausoleum standards shall

28  become a required element of the State Minimum Building Codes

29  under s. 553.73(2) and shall be transmitted to each local

30  enforcement agency, as defined in s. 553.71(5). Such local

31  enforcement agency shall consider and inspect for compliance

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  1  with such mausoleum standards as if they were part of the

  2  local building code, but shall have no continuing duty to

  3  inspect after final approval of the construction pursuant to

  4  the local building code. Any further amendments to the

  5  mausoleum standards shall be accomplished by the same

  6  procedure. Such designated mausoleum standards, as from time

  7  to time amended, shall be a part of the State Minimum Building

  8  Codes under s. 553.73 until the adoption and effective date of

  9  a new statewide uniform minimum building code, which may

10  supersede the mausoleum standards as provided by the law

11  enacting the new statewide uniform minimum building code.

12         (4)  In addition to the rules adopted under subsection

13  (2), the board shall adopt rules providing that following all

14  interments, inurnments, and entombments in mausoleums and

15  columbaria occurring after the effective date of such rules,

16  whether newly constructed or existing, suitable provision must

17  be made, when physically feasible, for sealing each crypt in

18  accordance with standards promulgated pursuant to paragraph

19  (2)(f).

20         (5)  For purposes of this section, "significant

21  alteration or renovation" means any addition, renovation, or

22  repair which results in the creation of new crypt or niche

23  spaces.

24         Section 42.  Effective January 1, 2001, subsection (8)

25  is added to section 500.09, Florida Statutes, to read:

26         500.09  Rulemaking; analytical work.--

27         (8)  The department may adopt rules necessary for the

28  sanitary manufacture, processing, or handling of food, except

29  for those governing the design, construction, erection,

30  alteration, modification, repair, or demolition of any

31  building, structure, or facility wherein food products are

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  1  manufactured, processed, handled, stored, sold, or

  2  distributed. It is the intent of the Legislature to preempt

  3  those functions to the Florida Building Commission through

  4  adoption and maintenance of the Florida Building Code. The

  5  department shall provide technical assistance to the

  6  commission in updating the construction standards of the

  7  Florida Building Code which relate to food safety. However,

  8  the department is authorized to enforce the provisions of the

  9  Florida Building Code which apply to food establishments in

10  conducting any inspections authorized by this chapter.

11         Section 43.  Effective January 1, 2001, subsections (7)

12  and (8) are added to section 500.12, Florida Statutes, to

13  read:

14         500.12  Food permits; building permits.--

15         (7)  In conducting any preoperational or other

16  inspection, the department may enforce provisions of the

17  Florida Building Code relating to food establishments.

18         (8)  Any person who, after October 1, 2000, applies for

19  or renews a local occupational license to engage in business

20  as a food establishment must exhibit a current food permit or

21  an active letter of exemption from the department before the

22  local occupational license may be issued or renewed.

23         Section 44.  Effective January 1, 2001, subsection (1)

24  of section 500.147, Florida Statutes, is amended to read:

25         500.147  Inspection of food establishments and

26  vehicles; food safety pilot program.--

27         (1)  The department or its duly authorized agent shall

28  have free access at all reasonable hours to any food

29  establishment or any vehicle being used to transport or hold

30  food in commerce for the purpose of inspecting such

31  establishment or vehicle to determine if any provision of this

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  1  chapter or any rule adopted under the chapter is being

  2  violated; to secure a sample or a specimen of any food after

  3  paying or offering to pay for such sample; or to see that all

  4  sanitary rules adopted by the department are complied with; or

  5  to enforce the special-occupancy provisions of the Florida

  6  Building Code which apply to food establishments.

  7         Section 45.  Effective January 1, 2001, paragraph (d)

  8  of subsection (2) and subsection (7) of section 509.032,

  9  Florida Statutes, are amended to read:

10         509.032  Duties.--

11         (2)  INSPECTION OF PREMISES.--

12         (d)  The division shall adopt and enforce sanitation

13  rules consistent with law to ensure the protection of the

14  public from food-borne illness in those establishments

15  licensed under this chapter.  These rules shall provide the

16  standards and requirements for obtaining, storing, preparing,

17  processing, serving, or displaying food in public food service

18  establishments, approving public food service establishment

19  facility plans, conducting necessary public food service

20  establishment inspections for compliance with sanitation

21  regulations, cooperating and coordinating with the Department

22  of Health in epidemiological investigations, and initiating

23  enforcement actions, and for other such responsibilities

24  deemed necessary by the division. The division may not

25  establish by rule any regulation governing the design,

26  construction, erection, alteration, modification, repair, or

27  demolition of any public lodging or public food service

28  establishment. It is the intent of the Legislature to preempt

29  that function to the Florida Building Commission and the State

30  Fire Marshal through adoption and maintenance of the Florida

31  Building Code and the Florida Fire Prevention Code. The

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  1  division shall provide technical assistance to the commission

  2  and the State Fire Marshal in updating the construction

  3  standards of the Florida Building Code and the Florida Fire

  4  Prevention Code which govern public lodging and public food

  5  service establishments. Further, the division shall enforce

  6  the provisions of the Florida Building Code and the Florida

  7  Fire Prevention Code which apply to public lodging and public

  8  food service establishments in conducting any inspections

  9  authorized by this part.

10         (7)  PREEMPTION AUTHORITY.--The regulation and

11  inspection of public lodging establishments and public food

12  service establishments, the inspection of public lodging

13  establishments and public food service establishments for

14  compliance with the sanitation standards adopted under this

15  section, and the regulation of food safety protection

16  standards for required training and testing of food service

17  establishment personnel are preempted to the state. This

18  subsection does not preempt the authority of a local

19  government or local enforcement district to conduct

20  inspections of public lodging and public food service

21  establishments for compliance with the Florida Building Code

22  and the Florida Fire Prevention Code, pursuant to ss. 553.80

23  and 633.022.

24         Section 46.  Effective January 1, 2001, subsection (1)

25  of section 509.221, Florida Statutes, is amended to read:

26         509.221  Sanitary regulations.--

27         (1)  Each public lodging establishment and each public

28  food service establishment shall be supplied with potable

29  water and shall provide adequate sanitary facilities for the

30  accommodation of its employees and guests. Such facilities may

31  include, but are not limited to, showers, handwash basins,

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  1  toilets, and bidets. Such sanitary facilities shall be

  2  connected to approved plumbing. Such plumbing shall be sized,

  3  installed, and maintained in accordance with the Florida

  4  Building Code applicable state and local plumbing codes.

  5  Wastewater or sewage shall be properly treated onsite or

  6  discharged into an approved sewage collection and treatment

  7  system.

  8         Section 47.  Effective January 1, 2001, section

  9  514.021, Florida Statutes, is amended to read:

10         514.021  Department authorization.--

11         (1)  The department is authorized to adopt and enforce

12  rules to protect the health, safety, or welfare of persons

13  using public swimming pools and bathing places.  The

14  department shall review and revise such rules as necessary,

15  but not less than biannually. Sanitation and safety standards

16  shall include, but not be limited to, matters relating to

17  structure; appurtenances; operation; source of water supply;

18  bacteriological, chemical, and physical quality of water in

19  the pool or bathing area; method of water purification,

20  treatment, and disinfection; lifesaving apparatus; measures to

21  ensure safety of bathers; and measures to ensure the personal

22  cleanliness of bathers.

23         (2)  The department may not establish by rule any

24  regulation governing the design, alteration, modification, or

25  repair of public swimming pools and bathing places which has

26  no impact on the health, safety, and welfare of persons using

27  public swimming pools and bathing places. Further, the

28  department may not adopt by rule any regulation governing the

29  construction, erection, or demolition of public swimming pools

30  and bathing places. It is the intent of the Legislature to

31  preempt those functions to the Florida Building Commission

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  1  through adoption and maintenance of the Florida Building Code.

  2  The department shall provide technical assistance to the

  3  commission in updating the construction standards of the

  4  Florida Building Code which govern public swimming pools and

  5  bathing places. Further, the department is authorized to

  6  conduct plan reviews, to issue approvals, and to enforce the

  7  special-occupancy provisions of the Florida Building Code

  8  which apply to public swimming pools and bathing places in

  9  conducting any inspections authorized by this chapter. This

10  subsection does not abrogate the authority of the department

11  to adopt and enforce appropriate sanitary regulations and

12  requirements as authorized in subsection (1).

13         Section 48.  Effective January 1, 2001, section 514.03,

14  Florida Statutes, is amended to read:

15         514.03  Construction plans approval necessary to

16  construct, develop, or modify public swimming pools or bathing

17  places.--It is unlawful for any person or public body to

18  construct, develop, or modify any public swimming pool or

19  bathing place without a valid construction plans approval from

20  the department. This section does not preempt the authority of

21  local governments or local enforcement districts to conduct

22  plan reviews and inspections of public swimming pools and

23  bathing places for compliance with the general construction

24  standards of the Florida Building Code, pursuant to s. 553.80.

25         (1)  Any person or public body desiring to construct,

26  develop, or modify any public swimming pool or bathing place

27  shall file an application for a construction plans approval

28  with the department on application forms provided by the

29  department and shall accompany such application with:

30

31

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  1         (a)  Engineering drawings, specifications,

  2  descriptions, and detailed maps of the structure, its

  3  appurtenances, and its intended operation.

  4         (b)  A description of the source or sources of water

  5  supply and amount and quality of water available and intended

  6  to be used.

  7         (c)  A description of the method and manner of water

  8  purification, treatment, disinfection, and heating.

  9         (d)  Other applicable information deemed necessary by

10  the department to fulfill the requirements of this chapter.

11         (2)  If the proposed construction of, development of,

12  or modification of a public swimming pool or bathing place

13  meets standards of public health and safety as defined in this

14  chapter and rules adopted hereunder, the department shall

15  grant the application for the construction plans approval

16  within 30 days after receipt of a complete submittal.  If

17  engineering plans submitted are in substantial compliance with

18  the standards aforementioned, the department may approve the

19  plans with provisions for corrective action to be completed

20  prior to issuance of the operating permit.

21         (3)  If the proposed construction, development, or

22  modification of a public swimming pool or bathing place fails

23  to meet standards of public health and safety as defined in

24  this chapter and rules adopted hereunder, the department shall

25  deny the application for construction plans approval pursuant

26  to the provisions of chapter 120.  Such denial shall be issued

27  in writing within 30 days and shall list the circumstances for

28  denial.  Upon correction of such circumstances, an applicant

29  previously denied permission to construct, develop, or modify

30  a public swimming pool or bathing place may reapply for

31  construction plans approval.

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  1         (4)  An approval of construction plans issued by the

  2  department under this section becomes void 1 year after the

  3  date the approval was issued if the construction is not

  4  commenced within 1 year after the date of issuance.

  5         Section 49.  Subsection (1) of section 553.06, Florida

  6  Statutes, is amended to read:

  7         553.06  State Plumbing Code.--

  8         (1)  The Florida Building Commission shall, in

  9  accordance with the provisions of chapter 120 and ss.

10  553.70-553.895, adopt the Standard Plumbing Code, 1994

11  edition, as adopted at the October 1993 annual meeting of the

12  Southern Building Code Congress International, as the State

13  Plumbing Code which shall be the minimum requirements

14  statewide for all installations, repairs, and alterations to

15  plumbing. The commission board may, in accordance with the

16  requirements of chapter 120, adopt all or parts of updated or

17  revised editions of the State Plumbing Code to keep abreast of

18  latest technological advances in plumbing and installation

19  techniques. Local governments which have adopted the South

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

21  may continue their use provided the requirements contained

22  therein meet or exceed the requirements of the State Plumbing

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

24  or diminish the authority of the Department of Business and

25  Professional Regulation to conduct plan reviews, issue

26  variances, and adopt rules regarding sanitary facilities in

27  public lodging and public food service establishments pursuant

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

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

30         Section 50.  Section 553.141, Florida Statutes, is

31  amended to read:

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  1         553.141  Public restrooms; ratio of facilities for men

  2  and women; application; incorporation into the Florida

  3  Building Code rules.--The Florida Building Commission shall

  4  incorporate into the Florida Building Code, to be adopted by

  5  rule pursuant to s. 553.73(1), a ratio of public restroom

  6  facilities for men and women which must be provided in all

  7  buildings that are newly constructed after September 30, 1992,

  8  and that have restrooms open to the public.

  9         (1)  A building that is newly constructed after

10  September 30, 1992, and that is a publicly owned building or a

11  privately owned building that has restrooms open to the public

12  must have a ratio of 3 to 2 water closets provided for women

13  as the combined total of water closets and urinals provided

14  for men, unless there are two or fewer fixtures for men.

15         (2)  As used in this section, the term "newly

16  constructed" means new construction, building, alteration,

17  rehabilitation, or repair that equals or exceeds 50 percent of

18  the replacement value existing on October 1, 1992, unless the

19  same was under design or construction, or under construction

20  contract before October 1, 1992.

21         (3)  This section does not apply to establishments

22  licensed under chapter 509 if the establishment does not

23  provide meeting or banquet rooms which accommodate more than

24  150 persons and the establishment has at least the same number

25  of water closets for women as the combined total of water

26  closets and urinals for men.

27         (4)  The Board of Building Codes and Standards shall

28  adopt rules to administer this section, pursuant to chapter

29  120.

30

31

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  1         Section 51.  The Division of Statutory Revision is

  2  requested to change the title of part IV of chapter 553,

  3  Florida Statutes, to "MANUFACTURED BUILDINGS."

  4         Section 52.  Effective January 1, 2001, section

  5  553.355, Florida Statutes, is created to read:

  6         553.355  Minimum construction requirements

  7  established.--The Florida Building Code and the Florida Fire

  8  Prevention and Lifesafety Codes shall be the minimum

  9  construction requirements governing the manufacture, design,

10  construction, erection, alteration, modification, repair, and

11  demolition of manufactured buildings.

12         Section 53.  Subsections (5) and (11) of section

13  553.36, Florida Statutes, are amended, present subsections

14  (13) and (14) of that section are redesignated as subsections

15  (14) and (15), respectively, and a new subsection (13) is

16  added to that section, to read:

17         553.36  Definitions.--The definitions contained in this

18  section govern the construction of this part unless the

19  context otherwise requires.

20         (5)  "Component" means any assembly, subassembly, or

21  combination of parts for use as a part of a building, which

22  may include structural, electrical, mechanical, and fire

23  protection systems and other systems affecting health and

24  safety. Components that incorporate elements of a building

25  subject to the product approval system adopted under s.

26  553.842 are subject to approval in accordance with the product

27  approval system upon implementation thereof and are not

28  subject to the rules adopted under this part. Components to

29  which the rules adopted under this part apply are limited to

30  three-dimensional systems for use as part of a building.

31

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  1         (11)  "Manufactured building" means a closed structure,

  2  building assembly, or system of subassemblies, which may

  3  include structural, electrical, plumbing, heating,

  4  ventilating, or other service systems manufactured in

  5  manufacturing facilities for installation or erection, with or

  6  without other specified components, as a finished building or

  7  as part of a finished building, which shall include, but not

  8  be limited to, residential, commercial, institutional,

  9  storage, and industrial structures. This part does not apply

10  to mobile homes. The term includes buildings not intended for

11  human habitation such as lawn storage buildings and storage

12  sheds manufactured and assembled offsite by a manufacturer

13  certified in conformance with this part. Manufactured building

14  may also mean, at the option of the manufacturer, any building

15  of open construction made or assembled in manufacturing

16  facilities away from the building site for installation, or

17  assembly and installation, on the building site.

18         (13)  "Module" means a separately transported

19  three-dimensional component of a manufactured building which

20  contains all or a portion of structural systems, electrical

21  systems, plumbing systems, mechanical systems, fire systems,

22  and thermal systems.

23         Section 54.  Effective January 1, 2001, subsections (1)

24  and (2) of section 553.36, Florida Statutes, are amended to

25  read:

26         553.36  Definitions.--The definitions contained in this

27  section govern the construction of this part unless the

28  context otherwise requires.

29         (1)  "Approved" means conforming to the requirements of

30  the Florida Building Code Department of Community Affairs.

31

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  1         (2)  "Approved inspection agency" means an organization

  2  determined by the department to be especially qualified by

  3  reason of facilities, personnel, experience, and demonstrated

  4  reliability to investigate, test, and evaluate manufactured

  5  building units or systems or the component parts thereof,

  6  together with the plans, specifications, and quality control

  7  procedures to ensure that such units, systems, or component

  8  parts are in full compliance with the Florida Building Code

  9  standards adopted by the department pursuant to this part and

10  to label such units complying with those standards.

11         Section 55.  Subsections (1), (2), (5), and (8) of

12  section 553.37, Florida Statutes, are amended, present

13  subsection (9) of that section is redesignated as subsection

14  (11), and new subsections (9) and (10) are added to that

15  section, to read:

16         553.37  Rules; inspections; and insignia.--

17         (1)  The department may enter into contracts and take

18  actions necessary and incidental to the administration of its

19  authority under this part. In addition, the department shall

20  adopt rules in accordance with chapter 120 setting

21  requirements for construction or modification of manufactured

22  buildings and building modules, to address:

23         (a)  Submittal to and approval by the department of

24  manufacturers' drawings and specifications, including any

25  amendments.

26         (b)  Submittal to and approval by the department of

27  manufacturers' internal quality control procedures and

28  manuals, including any amendments.

29         (c)  Procedures and qualifications for approval of

30  third-party plan review and inspection entities and of those

31  who perform inspections and plan reviews.

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  1         (d)  Investigation of consumer complaints of

  2  noncompliance of manufactured buildings with the requirements

  3  for construction or modification of such buildings.

  4         (e)(c)  Issuance, cancellation, and revocation of any

  5  insignia issued by the department and procedures for auditing

  6  and accounting for disposition of them.

  7         (f)  Monitoring the manufacturers', inspection

  8  entities', and plan review entities' compliance with this

  9  part. Monitoring may include, but is not limited to,

10  performing audits of plans, inspections of manufacturing

11  facilities and observation of the manufacturing and inspection

12  process, and onsite inspections of buildings.

13         (g)(d)  The performance by the department of any other

14  functions required by this part.

15         (2)  After the effective date of the rules adopted

16  pursuant to this part, no manufactured building, except as

17  provided in subsection (11)(9), may be installed in this state

18  unless it is approved and bears the insignia of approval of

19  the department. Approvals issued by the department under the

20  provisions of the prior part shall be deemed to comply with

21  the requirements of this part.

22         (5)  Manufactured buildings which have been issued and

23  bear the insignia of approval pursuant to this part upon

24  manufacture or first sale shall not require an additional

25  approval or insignia by a local government in which they are

26  subsequently sold or installed. Buildings or structures that

27  meet the definition of "open construction" are subject to

28  permitting by the local jurisdiction and are not required to

29  bear insignia.

30         (8)  The department may delegate its enforcement

31  authority to a state department having building construction

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  1  responsibilities or a local government.  The department may

  2  itself shall not inspect manufactured buildings but shall

  3  delegate its plan review and inspection authority to a state

  4  department having building construction responsibilities, a

  5  local government, an approved inspection agency, an approved

  6  plan review agency, or an agency of another state.

  7         (9)  If the department delegates its inspection

  8  authority to third-party approved inspection agencies,

  9  manufacturers must have one, and only one, inspection agency

10  responsible for inspection of a manufactured building, module,

11  or component at all times.

12         (10)  If the department delegates its inspection

13  authority to third-party approved plan review agencies,

14  manufacturers must have one, and only one, plan review agency

15  responsible for review of plans of a manufactured building,

16  module, or component at all times.

17         Section 56.  Effective January 1, 2001, subsections

18  (1), (2), (3), (4), (6), (7), (9), and (10) of section 553.37,

19  Florida Statutes, as amended by this act, are amended to read:

20         553.37  Rules; inspections; and insignia.--

21         (1)  The Florida Building Commission department may

22  enter into contracts and take actions necessary and incidental

23  to the administration of its authority under this part. In

24  addition, the department shall adopt within the Florida

25  Building Code rules in accordance with chapter 120 setting

26  requirements for construction or modification of manufactured

27  buildings and building modules, to address:

28         (a)  Submittal to and approval by the department of

29  manufacturers' drawings and specifications, including any

30  amendments.

31

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  1         (b)  Submittal to and approval by the department of

  2  manufacturers' internal quality control procedures and

  3  manuals, including any amendments.

  4         (c)  Procedures and qualifications for approval of

  5  third-party plan review and inspection entities and of those

  6  who perform inspections and plan review.

  7         (d)  Investigation of consumer complaints of

  8  noncompliance of manufactured buildings with the Florida

  9  Building Code and the Florida Fire Prevention Code

10  requirements for construction or modification of such

11  buildings.

12         (e)  Issuance, cancellation, and revocation of any

13  insignia issued by the department and procedures for auditing

14  and accounting for disposition of them.

15         (f)  Monitoring the manufacturers', inspection

16  entities', and plan review entities' compliance with this part

17  and the Florida Building Code. Monitoring may include, but is

18  not limited to, performing audits of plans, inspections of

19  manufacturing facilities and observation of the manufacturing

20  and inspection process, and onsite inspections of buildings.

21         (g)  The performance by the department of any other

22  functions required by this part.

23         (2)  After the effective date of the Florida Building

24  Code rules adopted pursuant to this part, no manufactured

25  building, except as provided in subsection (11), may be

26  installed in this state unless it is approved and bears the

27  insignia of approval of the department. Approvals issued by

28  the department under the provisions of the prior part shall be

29  deemed to comply with the requirements of this part.

30         (3)  All manufactured buildings issued and bearing

31  insignia of approval pursuant to subsection (2) shall be

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  1  deemed to comply with the Florida Building Code and are exempt

  2  from local amendments requirements of all ordinances or rules

  3  enacted by any local government which governs construction.

  4         (4)  No manufactured building bearing department

  5  insignia of approval pursuant to subsection (2) shall be in

  6  any way modified prior to installation, except in conformance

  7  with the Florida Building Code rules of the department.

  8         (6)  If the Florida Building Commission department

  9  determines that the standards for construction and inspection

10  of manufactured buildings prescribed by statute or rule of

11  another state are at least equal to the Florida Building Code

12  rules prescribed under this part and that such standards are

13  actually enforced by such other state, it may provide by rule

14  that the manufactured building which has been inspected and

15  approved by such other state shall be deemed to have been

16  approved by the department and shall authorize the affixing of

17  the appropriate insignia of approval.

18         (7)  The Florida Building Commission department, by

19  rule, shall establish a schedule of fees to pay the cost

20  incurred by the department for the work related to

21  administration and enforcement of this part.

22         (9)  If the commission department delegates its

23  inspection authority to third-party approved inspection

24  agencies, manufacturers must have one, and only one,

25  inspection agency responsible for inspection of a manufactured

26  building, module, or component at all times.

27         (10)  If the commission department delegates its

28  inspection authority to third-party approved plan review

29  agencies, manufacturers must have one, and only one, plan

30  review agency responsible for review of plans of a

31  manufactured building, module, or component at all times.

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  1         Section 57.  Section 553.375, Florida Statutes, is

  2  created to read:

  3         553.375  Recertification of manufactured

  4  buildings.--Prior to the relocation, modification, or change

  5  of occupancy of a manufactured building within the state, the

  6  manufacturer, dealer, or owner thereof may apply to the

  7  department for recertification of that manufactured building.

  8  The department shall, by rule, provide what information the

  9  applicant must submit for recertification and for plan review

10  and inspection of such manufactured buildings and shall

11  establish fees for recertification. Upon a determination by

12  the department that the manufactured building complies with

13  the applicable building codes, the department shall issue a

14  recertification insignia. A manufactured building that bears

15  recertification insignia does not require any additional

16  approval by an enforcement jurisdiction in which the building

17  is sold or installed, and is considered to comply with all

18  applicable codes. As an alternative to recertification by the

19  department, the manufacturer, dealer, or owner of a

20  manufactured building may seek appropriate permitting and a

21  certificate of occupancy from the local jurisdiction in

22  accordance with procedures generally applicable under the

23  Florida Building Code.

24         Section 58.  Effective January 1, 2001, section 553.38,

25  Florida Statutes, is amended to read:

26         553.38  Application and scope.--

27         (1)  The department shall promulgate rules which

28  protect the health, safety, and property of the people of this

29  state by assuring that each manufactured building is

30  structurally sound and properly installed on site and that

31  plumbing, heating, electrical, and other systems thereof are

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  1  reasonably safe, and which interpret and make specific the

  2  provisions of this part.

  3         (2)  The department shall enforce every provision of

  4  the Florida Building Code this part and the rules adopted

  5  pursuant hereto, except that local land use and zoning

  6  requirements, fire zones, building setback requirements, side

  7  and rear yard requirements, site development requirements,

  8  property line requirements, subdivision control, and onsite

  9  installation requirements, as well as the review and

10  regulation of architectural and aesthetic requirements, are

11  specifically and entirely reserved to local authorities.  Such

12  local requirements and rules which may be enacted by local

13  authorities must be reasonable and uniformly applied and

14  enforced without any distinction as to whether a building is a

15  conventionally constructed or manufactured building.  A local

16  government shall require permit fees only for those

17  inspections actually performed by the local government for the

18  installation of a factory-built structure.  Such fees shall be

19  equal to the amount charged for similar inspections on

20  conventionally built housing.

21         Section 59.  Section 553.381, Florida Statutes, is

22  amended to read:

23         553.381  Manufacturer certification; product liability

24  insurance as prerequisite.--

25         (1)  Before manufacturing buildings to be located

26  within this state or selling manufactured buildings within

27  this state, whichever occurs later, a manufacturer must be

28  certified by the department. The department shall certify a

29  manufacturer upon receipt from the manufacturer and approval

30  and verification by the department of the following:

31

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  1         (a)  The manufacturer's internal quality-control

  2  procedures and manuals, including any amendments;

  3         (b)  As a prerequisite to obtaining approval to produce

  4  manufactured buildings for sale in the state, the manufacturer

  5  must submit Evidence that the manufacturer she or he has

  6  product liability insurance for the safety and welfare of the

  7  public in amounts determined by rule of the department; and.

  8         (c)  The fee established by the department under s.

  9  553.37(7).

10         (2)  The department may revoke any certification upon

11  the failure of the manufacturer to comply with the

12  construction standards adopted under this part or other

13  requirements of this part.

14         (3)  Certification of manufacturers under this section

15  shall be for a period of 3 years, subject to renewal by the

16  manufacturer. Upon application for renewal, the manufacturer

17  must submit the information described in subsection (1) or a

18  sworn statement that there has been no change in the status or

19  content of that information since the manufacturer's last

20  submittal. Fees for renewal of manufacturers' certification

21  shall be established by the department by rule.

22         Section 60.  Effective January 1, 2001, section

23  553.381, Florida Statutes, as amended by this act, is amended

24  to read:

25         553.381  Manufacturer certification.--

26         (1)  Before manufacturing buildings to be located

27  within this state or selling manufactured buildings within

28  this state, whichever occurs later, a manufacturer must be

29  certified by the department. The department shall certify a

30  manufacturer upon receipt from the manufacturer and approval

31  and verification by the department of the following:

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  1         (a)  The manufacturer's internal quality-control

  2  procedures and manuals, including any amendments;

  3         (b)  Evidence that the manufacturer has product

  4  liability insurance for the safety and welfare of the public

  5  in amounts determined by rule of the commission department;

  6  and

  7         (c)  The fee established by the commission department

  8  under s. 553.37(7).

  9         (2)  The department may revoke any certification upon

10  the failure of the manufacturer to comply with the Florida

11  Building Code construction standards adopted under this part

12  or other requirements of this part.

13         (3)  Certification of manufacturers under this section

14  shall be for a period of 3 years, subject to renewal by the

15  manufacturer. Upon application for renewal, the manufacturer

16  must submit the information described in subsection (2) or a

17  sworn statement that there has been no change in the status or

18  content of that information since the manufacturer's last

19  submittal. Fees for renewal of manufacturers' certification

20  shall be established by the commission department by rule.

21         Section 61.  Effective January 1, 2001, section 553.39,

22  Florida Statutes, is amended to read:

23         553.39  Injunctive relief.--The department may seek

24  injunctive or other relief from the circuit court of

25  appropriate jurisdiction to compel compliance with the

26  requirements of this part or with the Florida Building Code

27  rules issued pursuant thereto or to enjoin the sale, delivery,

28  or installation of a manufactured building, upon an affidavit

29  specifying the manner in which the building does not conform

30  to the Florida Building Code or other requirements of this

31  part or to rules issued pursuant thereto.  Noncompliance with

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  1  the Florida Building Code or this part or the rules

  2  promulgated under this part shall be considered prima facie

  3  evidence of irreparable damage in any cause of action brought

  4  under the authority of this part.

  5         Section 62.  Section 553.503, Florida Statutes, is

  6  amended to read:

  7         553.503  Adoption of guidelines.--Subject to the

  8  exceptions in s. 553.504, the federal Americans with

  9  Disabilities Act Accessibility Guidelines, as adopted by

10  reference in 28 C.F.R., part 36, subparts A and D, and Title

11  II of Pub. L. No. 101-336, are hereby adopted and incorporated

12  by reference as the law of this state. The guidelines shall

13  establish the minimum standards for the accessibility of

14  buildings and facilities built or altered within this state.

15  The 1997 Florida Accessibility Code for Building Construction

16  must be adopted by the Florida Building Commission Board of

17  Building Codes and Standards in accordance with chapter 120.

18         Section 63.  Section 553.5041, Florida Statutes, is

19  created to read:

20         553.5041  Parking spaces for persons who have

21  disabilities.--

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

23  the defenses available to a place of public accommodation

24  under the Americans with Disabilities Act and the federal

25  Americans with Disabilities Act Accessibility Guidelines,

26  including, but not limited to, the readily achievable

27  standard, and the standards applicable to alterations to

28  places of public accommodation. Subject to the exceptions

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

30  parking and loading zone requirements of the federal Americans

31  with Disabilities Act Accessibility Guidelines (ADAAG), as

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

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

  3  accessibility, those requirements are adopted and incorporated

  4  by reference as the law of this state.

  5         (2)  State agencies and political subdivisions having

  6  jurisdiction over street parking or publicly owned or operated

  7  parking facilities are not required to provide a greater

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

  9  regulations, guidelines, or practices normally applied to new

10  development.

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

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

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

14  designed and marked for the exclusive use of those individuals

15  who have a severe physical disability and have permanent or

16  temporary mobility problems that substantially impair their

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

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

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

20  320.0845.

21         (4)  The number of accessible parking spaces must

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

23  following:

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

25  immediate vicinity of a publicly owned or leased building that

26  houses a governmental entity or a political subdivision,

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

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

29  premises of the building.

30

31

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

  2  each 150 metered onstreet parking spaces provided by state

  3  agencies and political subdivisions.

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

  5  disabilities must be increased on the basis of demonstrated

  6  and documented need.

  7         (5)  Accessible perpendicular and diagonal accessible

  8  parking spaces and loading zones must be designed and located

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

10  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

11  Design."

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

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

14  compelled to walk or wheel behind parked vehicles.

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

16  accessible route from the parking space to an accessible

17  entrance. If there are multiple entrances or multiple retail

18  stores, the parking spaces must be dispersed to provide

19  parking at the nearest accessible entrance. If a theme park or

20  an entertainment complex as defined in s. 509.013(9) provides

21  parking in several lots or areas from which access to the

22  theme park or entertainment complex is provided, a single lot

23  or area may be designated for parking by persons who have

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

25  safely accessible route to an accessible entrance to the theme

26  park or entertainment complex or to transportation to such an

27  accessible entrance.

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

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

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

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

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  1  aisles must be placed adjacent to accessible parking spaces;

  2  however, two accessible parking spaces may share a common

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

  4  designate it as a no-parking zone.

  5         2.  The parking access aisles are reserved for the

  6  temporary exclusive use of persons who have disabled parking

  7  permits and who require extra space to deploy a mobility

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

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

10  are subject to the same penalties that are imposed for

11  illegally parking in parking spaces that are designated for

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

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

14  disabled or owns a disabled parking permit.

15         3.  Any provision of this subsection to the contrary

16  notwithstanding, a theme park or an entertainment complex as

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

18  attendant services for directing individuals to marked

19  accessible parking spaces or designated lots for parking by

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

21  parking space design, provide parking spaces that comply with

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

23  Accessibility Guidelines.

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

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

26  entrances. Such spaces must be designed in conformance with

27  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5,

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

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

30  the opening and closing of motor vehicle doors. This

31

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  1  subsection does not relieve the owner of the responsibility to

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

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

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

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

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

  7  parking spaces and access aisles.

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

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

10  with s. 553.508 must comply with this section unless

11  compliance would cause the barrier removal not to be readily

12  achievable. If compliance would cause the barrier removal not

13  to be readily achievable, a facility may provide parking

14  spaces at alternative locations for persons who have

15  disabilities and provide appropriate signage directing persons

16  who have disabilities to the alternative parking if readily

17  achievable. The facility may not reduce the required number or

18  dimensions of those spaces, nor may it unreasonably increase

19  the length of the accessible route from a parking space to the

20  facility. The removal of an architectural barrier must not

21  create a significant risk to the health or safety of a person

22  who has a disability or to that of others.

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

24  553.507(2)(b) must comply with this section to the maximum

25  extent feasible. If compliance with parking location

26  requirements is not feasible, the facility may provide parking

27  spaces at alternative locations for persons who have

28  disabilities and provide appropriate signage directing persons

29  who have a disability to alternative parking. The facility may

30  not reduce the required number or dimensions of those spaces,

31  nor may it unnecessarily increase the length of the accessible

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  1  route from a parking space to the facility. The alteration

  2  must not create a significant risk to the health or safety of

  3  a person who has a disability or to that of others.

  4         (6)  Each such parking space must be prominently

  5  outlined with blue paint, and must be repainted when

  6  necessary, to be clearly distinguishable as a parking space

  7  designated for persons who have disabilities and must be

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

  9  approved by the Department of Transportation, which is placed

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

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

12  accessibility meeting the requirements of ADAAG s. 4.30.7 and

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

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

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

16  contrary notwithstanding, in a theme park or an entertainment

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

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

19  indicating the lot as reserved for accessible parking may be

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

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

22  the responsibility of complying with the signage requirements

23  of ADAAG s. 4.30.

24         Section 64.  Section 553.506, Florida Statutes, is

25  amended to read:

26         553.506  Powers of the commission board.--In addition

27  to any other authority vested in the Florida Building

28  Commission board by law, the commission Board of Building

29  Codes and Standards, in implementing ss. 553.501-553.513, may,

30  by rule, adopt revised and updated versions of the Americans

31

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  1  with Disabilities Act Accessibility Guidelines in accordance

  2  with chapter 120.

  3         Section 65.  Section 553.512, Florida Statutes, is

  4  amended to read:

  5         553.512  Modifications and waivers; advisory council.--

  6         (1)  The Florida Building Commission Board of Building

  7  Codes and Standards shall provide by regulation criteria for

  8  granting individual modifications of, or exceptions from, the

  9  literal requirements of this part upon a determination of

10  unnecessary, unreasonable, or extreme hardship, provided such

11  waivers shall not violate federal accessibility laws and

12  regulations and shall be reviewed by the Handicapped

13  Accessibility Advisory Council. The commission may not

14  consider waiving any of the requirements of s. 553.5041 unless

15  the applicant first demonstrates that she or he has applied

16  for and been denied waiver or variance from all local

17  government zoning, subdivision regulations, or other

18  ordinances that prevent compliance therewith. Further, the

19  commission may not waive the requirement of s.

20  553.5041(5)(c)1. governing the minimum width of accessible

21  parking spaces.

22         (2)  The Accessibility Advisory Council shall consist

23  consisting of the following seven members, who shall be

24  knowledgeable in the area of handicapped accessibility for

25  persons with disabilities.  The Secretary of Community Affairs

26  shall appoint the following: a representative from the

27  Advocacy Center for Persons with Disabilities, Inc.; a

28  representative from the Division of Blind Services; a

29  representative from the Division of Vocational Rehabilitation;

30  a representative from a statewide organization representing

31  the physically handicapped; a representative from the hearing

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  1  impaired; a representative from the President, Florida Council

  2  of Handicapped Organizations; and a representative of the

  3  Paralyzed Veterans of America.  The terms for the first three

  4  council members appointed subsequent to October 1, 1991, shall

  5  be for 4 years, the terms for the next two council members

  6  appointed shall be for 3 years, and the terms for the next two

  7  members shall be for 2 years. Thereafter, all council member

  8  appointments shall be for terms of 4 years.  No council member

  9  shall serve more than two 4-year terms subsequent to October

10  1, 1991.  Any member of the council may be replaced by the

11  secretary upon three unexcused absences.  Upon application

12  made in the form provided, an individual waiver or

13  modification may be granted by the commission board so long as

14  such modification or waiver is not in conflict with more

15  stringent standards provided in another chapter.

16         (3)(2)  Members of the council shall serve without

17  compensation, but shall be entitled to reimbursement for per

18  diem and travel expenses as provided by s. 112.061.

19         (4)(3)  Meetings of the advisory council shall be held

20  in conjunction with the regular meetings of the commission.

21         Section 66.  Subsection (7) of section 553.71, Florida

22  Statutes, is amended, and subsection (9) is added to that

23  section, to read:

24         553.71  Definitions.--As used in this part, the term:

25         (7)  "Threshold building" means any building which is

26  greater than three stories or 50 feet in height, or which has

27  an assembly occupancy classification as defined in the State

28  Minimum Building Codes which that exceeds 5,000 square feet in

29  area and an occupant content of greater than 500 persons.

30

31

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  1         (9)  "Special inspector" means a licensed architect or

  2  registered engineer who is certified under chapter 471 or

  3  chapter 481 to conduct inspections of threshold buildings.

  4         Section 67.  Effective January 1, 2001, subsection (7)

  5  of section 553.71, Florida Statutes, as amended by this act,

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

  7  read:

  8         553.71  Definitions.--As used in this part, the term:

  9         (7)  "Threshold building" means any building which is

10  greater than three stories or 50 feet in height, or which has

11  an assembly occupancy classification as defined in the Florida

12  Building Code State Minimum Building Codes which exceeds 5,000

13  square feet in area and an occupant content of greater than

14  500 persons.

15         (10)  "Prototype building" means a building constructed

16  in accordance with architectural or engineering plans intended

17  for replication on various sites and which will be updated to

18  comply with the Florida Building Code and applicable laws

19  relating to fire safety, health and sanitation, casualty

20  safety, and requirements for persons with disabilities which

21  are in effect at the time a construction contract is to be

22  awarded.

23         Section 68.  Effective January 1, 2001, subsection (1)

24  of section 553.72, Florida Statutes, as amended by section 38

25  of chapter 98-287, Laws of Florida, is amended, and subsection

26  (6) is added to that section, to read:

27         553.72  Intent.--

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

29  mechanism for the uniform adoption, updating, amendment,

30  interpretation, and enforcement of a single, unified state

31  building code, to be called the Florida Building Code, which

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  1  consists of a single set of documents that apply to the

  2  design, construction, erection, alteration, modification,

  3  repair, or demolition of public or private buildings,

  4  structures, or facilities in this state and to the enforcement

  5  of such requirements and which will allow effective and

  6  reasonable protection for public safety, health, and general

  7  welfare for all the people of Florida at the most reasonable

  8  cost to the consumer. The Florida Building Code shall be

  9  organized to provide consistency and simplicity of use. The

10  Florida Building Code shall be applied, administered, and

11  enforced uniformly and consistently from jurisdiction to

12  jurisdiction. The Florida Building Code shall provide for

13  flexibility to be exercised in a manner that meets minimum

14  requirements, is affordable, does not inhibit competition, and

15  promotes innovation and new technology. The Florida Building

16  Code shall establish minimum standards primarily for public

17  health and lifesafety, and secondarily for protection of

18  property as appropriate.

19         (6)  It is the intent of the Legislature that the

20  nationally recognized private-sector third-party testing and

21  evaluation system shall provide product evaluation for the

22  product-approval system and that effective government

23  oversight be established to ensure accountability to the

24  state.

25         Section 69.  Effective January 1, 2001, subsections

26  (2), (4), (5), (6), (7), (8), (9), (10), (11), and (12) of

27  section 553.73, Florida Statutes, as amended by section 40 of

28  chapter 98-287, Laws of Florida, as amended by section 61 of

29  chapter 98-419, Laws of Florida, are amended to read:

30         553.73  Florida Building Code.--

31

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  1         (2)  The Florida Building Code shall contain provisions

  2  or requirements for public and private buildings, structures,

  3  and facilities relative to structural, mechanical, electrical,

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

  5  historical buildings, manufactured buildings, elevators,

  6  coastal construction, lodging facilities, food sales and food

  7  service facilities, health care facilities, including assisted

  8  living facilities, adult day care facilities, and facilities

  9  for the control of radiation hazards, public or private

10  educational facilities, swimming pools, and correctional

11  facilities and enforcement of and compliance with such

12  provisions or requirements. Technical provisions to be

13  contained within the Florida Building Code are restricted to

14  requirements related to the types of materials used and

15  construction methods and standards employed in order to meet

16  criteria specified in the Florida Building Code. Provisions

17  relating to the personnel, supervision or training of

18  personnel, or any other professional qualification

19  requirements relating to contractors or their workforce may

20  not be included within the Florida Building Code, and

21  subsections (4), (5), and (6) are subsection (4) is not to be

22  construed to allow the inclusion of such provisions within the

23  Florida Building Code by amendment. This restriction applies

24  to both initial development and amendment of the Florida

25  Building Code.

26         (4)(a)  All entities authorized to enforce the Florida

27  Building Code pursuant to s. 553.80 Local governments shall

28  comply with applicable standards for issuance of mandatory

29  certificates of occupancy, minimum types of inspections, and

30  procedures for plans review and inspections as established by

31  the commission board by rule. Local governments may adopt Any

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  1  amendments to the administrative provisions of standards

  2  established by the Florida Building Code, subject pursuant to

  3  the limitations of this paragraph. Local amendments shall be

  4  more stringent than the minimum such standards described

  5  herein and shall be transmitted to the commission within 30

  6  days after enactment.  The local government shall make such

  7  amendments available to the general public in a usable format.

  8  The State Fire Marshal The Department of Insurance is

  9  responsible for establishing the standards and procedures

10  required in this paragraph for governmental entities with

11  respect to applying the Florida Fire Prevention Code and the

12  Life Safety Code.

13         (b)  Local governments may, subject to the limitations

14  of this section, adopt amendments to the technical provisions

15  of the Florida Building Code which apply solely within the

16  jurisdiction of such government and which provide for more

17  stringent requirements than those specified in the Florida

18  Building Code, not more than once every 6 months, provided:

19         1.  The local governing body determines, following a

20  public hearing which has been advertised in a newspaper of

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

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

23  Building Code. The determination must be based upon a review

24  of local conditions by the local governing body, which review

25  demonstrates that local conditions justify more stringent

26  requirements than those specified in the Florida Building Code

27  for the protection of life and property.

28         2.  Such additional requirements are not discriminatory

29  against materials, products, or construction techniques of

30  demonstrated capabilities.

31

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  1         3.  Such additional requirements may not introduce a

  2  new subject not addressed in the Florida Building Code.

  3         4.  The enforcing agency shall make readily available,

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

  5  section.

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

  7  transmitted within 30 days by the adopting local government to

  8  the commission.  The commission shall maintain copies of all

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

10  the public.

11         6.  Any amendment to the Florida Building Code adopted

12  by a local government pursuant to this paragraph shall be

13  effective only until the adoption by the commission of the new

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

15  such time, the commission shall review such amendment for

16  consistency with the criteria in paragraph (a) and either

17  adopt such amendment as part of the Florida Building Code or

18  rescind the amendment.  The commission shall immediately

19  notify the respective local government of the rescission of

20  any amendment. After receiving such notice, the respective

21  local government may readopt the rescinded amendment pursuant

22  to the provisions of this paragraph.

23         7.  Each county and municipality desiring to make local

24  technical amendments to the Florida Building Code shall by

25  interlocal agreement establish a countywide compliance review

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

27  adopted by a local government within the county pursuant to

28  this paragraph, that is challenged by any substantially

29  affected party for purposes of determining the amendment's

30  compliance with this paragraph. A public officer, as defined

31  in s. 112.313(1), who votes on a local amendment may not sit

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  1  on the compliance review board that hears a challenge to the

  2  validity of that amendment. If the compliance review board

  3  determines such amendment is not in compliance with this

  4  paragraph, the compliance review board shall notify such local

  5  government of the noncompliance and that the amendment is

  6  invalid and unenforceable until the local government corrects

  7  the amendment to bring it into compliance. The local

  8  government may appeal the decision of the compliance review

  9  board to the commission.  If the compliance review board

10  determines such amendment to be in compliance with this

11  paragraph, any substantially affected party may appeal such

12  determination to the commission. Actions of the commission are

13  subject to judicial review pursuant to s. 120.68. The

14  compliance review board shall determine whether its decisions

15  apply to a respective local jurisdiction or apply countywide.

16         8.  An amendment adopted under this paragraph shall

17  include a fiscal impact statement which documents the costs

18  and benefits of the proposed amendment.  Criteria for the

19  fiscal impact statement shall include the impact to local

20  government relative to enforcement, the impact to property and

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

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

23  a basis for challenging the amendment for compliance.

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

25  commission may review any amendments adopted pursuant to this

26  subsection and make nonbinding recommendations related to

27  compliance of such amendments with this subsection.

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

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

30  district owned buildings, manufactured buildings approved by

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

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  1  553.77(6).  The respective responsible entities shall consider

  2  the physical performance parameters substantiating such

  3  amendments when designing, specifying, and constructing such

  4  exempt buildings.

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

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

  7  every 3 years. The initial adoption of, and any subsequent

  8  updates or amendments to, the Florida Building Code by the

  9  commission is Once initially adopted and subsequently updated

10  by the board, the Florida Building Code shall be deemed

11  adopted for use statewide without adoptions by local

12  government. When updating the Florida Building Code, the

13  commission shall consider changes made by the adopting entity

14  of any selected model code for any model code incorporated

15  into the Florida Building Code by the commission, and may

16  subsequently adopt the new edition or successor of the model

17  code, which may be modified for this state, and shall further

18  consider the commission's own interpretations, declaratory

19  statements, appellate decisions, and approved statewide and

20  local technical amendments. A change made by an institute or

21  standards organization to any standard or criterion that is

22  adopted by reference in the Florida Building Code does not

23  become effective statewide until it has been adopted by the

24  commission. The edition of the Florida Building Code which is

25  in effect on the date of application of any permit authorized

26  by the code governs the permitted work for the life of the

27  permit and any extension granted to the permit. Any amendment

28  to the Florida Building Code which is adopted upon a finding

29  by the commission that the amendment is necessary to protect

30  the public from immediate threat of harm takes effect

31  immediately.

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  1         (6)  It shall be the responsibility of each

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

  3  with statutory authority to regulate building construction to

  4  enforce the provisions of the Florida Building Code.

  5         (6)(7)(a)  The commission may approve technical

  6  amendments to the Florida Building Code once each year for

  7  statewide or regional application upon a finding that delaying

  8  the application of the amendment would be contrary to the

  9  health, safety, and welfare of the public or the amendment

10  provides an economic advantage to the consumer and that the

11  amendment:

12         1.  Has a reasonable and substantial connection with

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

14         2.  Strengthens or improves the Florida Building Code,

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

16  equivalent or better products or methods or systems of

17  construction.

18         3.  Does not discriminate against materials, products,

19  methods, or systems of construction of demonstrated

20  capabilities.

21         4.  Does not degrade the effectiveness of the Florida

22  Building Code.

23

24  Furthermore, the Florida Building Commission may approve

25  technical amendments to the code once each year to incorporate

26  into the Florida Building Code its own interpretations of the

27  code which are embodied in its opinions and declaratory

28  statements. Amendments approved under this paragraph shall be

29  adopted by rule pursuant to ss. 120.536(1) and 120.54.

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

31  statement which documents the costs and benefits of the

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  1  proposed amendment.  Criteria for the fiscal impact statement

  2  shall be established by rule by the commission and shall

  3  include the impact to local government relative to

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

  5  well as to industry, relative to the cost of compliance.

  6         (c)  The commission may not approve any proposed

  7  amendment that does not accurately and completely address all

  8  requirements for amendment which are set forth in this

  9  section.

10         (7)(8)  The following buildings, structures, and

11  facilities are exempt may be exempted from the Florida

12  Building Code as provided by law, and any further exemptions

13  shall be as determined by the Legislature and provided by law:

14         (a)  Buildings and structures specifically regulated

15  and preempted by the Federal Government.

16         (b)  Railroads and ancillary facilities associated with

17  the railroad.

18         (c)  Nonresidential farm buildings on farms.

19         (d)  Temporary buildings or sheds used exclusively for

20  construction purposes.

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

22  that the provisions of part V relating to accessibility by

23  persons with disabilities shall apply to such mobile homes.

24         (f)  Those structures or facilities of electric

25  utilities, as defined in s. 366.02, which are directly

26  involved in the generation, transmission, or distribution of

27  electricity.

28         (g)  Temporary sets, assemblies, or structures used in

29  commercial motion picture or television production, or any

30  sound-recording equipment used in such production, on or off

31  the premises.

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  1

  2  With the exception of paragraphs (a), (b), and (f), in order

  3  to preserve the health, safety, and welfare of the public, the

  4  Florida Building Commission may, by rule adopted pursuant to

  5  chapter 120, provide for exceptions to the broad categories of

  6  buildings exempted in this section, including exceptions for

  7  application of specific sections of the code or standards

  8  adopted therein. The exceptions must be based upon specific

  9  criteria, such as under-roof floor area, aggregate electrical

10  service capacity, HVAC system capacity, or other building

11  requirements. Further, the commission may recommend to the

12  Legislature additional categories of buildings, structures, or

13  facilities which should be exempted from the Florida Building

14  Code, to be provided by law.

15         (8)(9)(a)  In the event of a conflict between the

16  Florida Building Code and the Florida Fire Prevention Code and

17  the Life Safety Code as applied to a specific project, the

18  conflict shall be resolved by agreement between the local

19  building code enforcement official and the local fire code

20  enforcement official in favor of the requirement of the code

21  which offers the greatest degree of lifesafety or alternatives

22  which would provide an equivalent degree of lifesafety and an

23  equivalent method of construction.

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

25  the local building official may be appealed to a local

26  administrative board designated by the municipality, county,

27  or special district having firesafety responsibilities. If the

28  decision of the local fire official and the local building

29  official is to apply the provisions of either the Florida

30  Building Code or the Florida Fire Prevention Code and the Life

31  Safety Code, the board may not alter the decision unless the

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  1  board determines that the application of such code is not

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

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

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

  5  the decision rendered by the local officials and may modify

  6  that decision if the administrative board adopts a better

  7  alternative, taking into consideration all relevant

  8  circumstances.  In any case in which the local administrative

  9  board adopts alternatives to the decision rendered by the

10  local fire official and the local building official, such

11  alternatives shall provide an equivalent degree of lifesafety

12  and an equivalent method of construction as the decision

13  rendered by the local officials.

14         (c)  If the local building official and the local fire

15  official are unable to agree on a resolution of the conflict

16  between the Florida Building Code and the Florida Fire

17  Prevention Code and the Life Safety Code, the local

18  administrative board shall resolve the conflict in favor of

19  the code which offers the greatest degree of lifesafety or

20  alternatives which would provide an equivalent degree of

21  lifesafety and an equivalent method of construction.

22         (d)  All decisions of the local administrative board,

23  or if none exists, the decisions of the local building

24  official and the local fire official, are subject to review by

25  a joint committee composed of members of the Florida Building

26  Commission and the Fire Code Advisory Council. If the joint

27  committee is unable to resolve conflicts between the codes as

28  applied to a specific project, the matter shall be resolved

29  pursuant to the provisions of paragraph (1)(d).

30

31

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  1         (e)(d)  The local administrative board shall, to the

  2  greatest extent possible, be composed of members with

  3  expertise in building construction and firesafety standards.

  4         (f)(e)  All decisions of the local building official

  5  and local fire official and all decisions of the

  6  administrative board shall be in writing and shall be binding

  7  upon all persons but shall not limit the authority of the

  8  State Fire Marshal or the Florida Building Commission pursuant

  9  to paragraph(1)(d) and ss. 663.01 and 633.161. Decisions of

10  general application shall be indexed by building and fire code

11  sections and shall be available for inspection during normal

12  business hours.

13         (9)(10)  Except within coastal building zones as

14  defined in s. 161.54, specification standards developed by

15  nationally recognized code promulgation organizations to

16  determine compliance with engineering criteria of the Florida

17  Building Code for wind load design shall not apply to one or

18  two family dwellings which are two stories or less in height

19  unless approved by the commission for use or unless expressly

20  made subject to said standards and criteria by local ordinance

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

22         (10)(11)  The Florida Building Code does not apply to,

23  and no code enforcement action shall be brought with respect

24  to, zoning requirements, land use requirements, and owner

25  specifications or programmatic requirements which do not

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

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

28  private buildings, structures, or facilities or to

29  programmatic requirements that do not pertain to enforcement

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

31  enforcement agency may not administer or enforce the Florida

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  1  Building Code to prevent the siting of any publicly owned

  2  facility, including, but not limited to, correctional

  3  facilities, juvenile justice facilities, or state

  4  universities, community colleges, or public education

  5  facilities, as provided by law.

  6         (12)  In addition to the requirements of ss. 553.79 and

  7  553.80, facilities subject to the provisions of chapter 395

  8  and part II of chapter 400 shall have facility plans reviewed

  9  and construction surveyed by the state agency authorized to do

10  so under the requirements of chapter 395 and part II of

11  chapter 400 and the certification requirements of the Federal

12  Government.

13         Section 70.  Subsections (3) and (4) of section 553.74,

14  Florida Statutes, are amended to read:

15         553.74  Florida Building Commission.--

16         (3)  Members of the commission board shall serve

17  without compensation, but shall be entitled to reimbursement

18  for per diem and travel expenses as provided by s. 112.061.

19         (4)  Each appointed member is accountable to the

20  Governor for the proper performance of the duties of the

21  office. The Governor shall cause to be investigated any

22  complaint or unfavorable report received concerning an action

23  of the commission board or any member and shall take

24  appropriate action thereon.  The Governor may remove from

25  office any appointed member for malfeasance, misfeasance,

26  neglect of duty, incompetence, permanent inability to perform

27  official duties, or pleading guilty or nolo contendere to, or

28  being found guilty of, a felony.

29         Section 71.  Subsection (2) of section 553.77, Florida

30  Statutes, is amended to read:

31         553.77  Specific powers of the commission.--

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

  2  local enforcement agency, the commission may also:

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

  4  method of construction.

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

  6  and advisory committees for assistance and recommendations

  7  relating to the State Minimum Building Codes.

  8         (c)  Appoint an advisory committee consisting of at

  9  least five plumbing contractors licensed to do business in

10  this state for assistance and recommendations relating to

11  plumbing code interpretations, if the commission identifies

12  the need for additional assistance in making decisions

13  regarding the State Plumbing Code.

14         (d)  Provide technical assistance and issue advisory

15  opinions concerning the technical and administrative

16  provisions of the State Minimum Building Codes.

17         Section 72.  Effective January 1, 2001, subsections

18  (1), (3), and (6) of section 553.77, Florida Statutes, as

19  amended by section 46 of chapter 98-287, Laws of Florida, are

20  amended to read:

21         553.77  Specific powers of the commission.--

22         (1)  The commission shall:

23         (a)  Adopt and update the Florida Building Code or

24  amendments thereto, pursuant to ss. 120.536(1) and 120.54, as

25  necessary for execution of the powers and responsibilities

26  authorized by this act.

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

28  Florida Building Code and other laws relating to the design,

29  construction, erection, alteration, modification, repair, or

30  demolition of public or private buildings, structures, and

31  facilities, including manufactured buildings, and code

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  1  enforcement, to ascertain their effect upon the cost of

  2  building construction and determine the effectiveness of their

  3  provisions. Upon updating the Florida Building Code every 3

  4  years, the commission shall review existing provisions of law

  5  and make recommendations to the Legislature for the next

  6  regular session of the Legislature regarding provisions of law

  7  that should be revised or repealed to ensure consistency with

  8  the Florida Building Code at the point the update goes into

  9  effect. State agencies and local jurisdictions shall provide

10  such information as requested by the commission for evaluation

11  of and recommendations for improving the effectiveness of the

12  system of building code laws for reporting to the Legislature

13  annually. Failure to comply with this or other requirements of

14  this act must be reported to the Legislature for further

15  action. Any proposed legislation providing for the revision or

16  repeal of existing laws and rules relating to technical

17  requirements applicable to building structures or facilities

18  should expressly state that such legislation is not intended

19  to imply any repeal or sunset of existing general or special

20  laws that are not specifically identified in the legislation.

21         (c)  Upon written application by any substantially

22  affected person or a local enforcement agency, issue

23  declaratory statements pursuant to s. 120.565 relating to new

24  technologies, techniques, and materials which have been tested

25  where necessary and found to meet the objectives of the

26  Florida Building Code.

27         (d)  Upon written application by any substantially

28  affected person, state agency, or a local enforcement agency,

29  issue declaratory statements pursuant to s. 120.565 relating

30  to the interpretation, enforcement or, administration, or

31  modification by local governments of the Florida Building

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  1  Code. Paragraph (h) provides the exclusive remedy for

  2  addressing local interpretations of the code.

  3         (e)  When requested in writing by any substantially

  4  affected person, state agency, or a local enforcing agency,

  5  shall issue declaratory statements pursuant to s. 120.565

  6  relating to this part, which shall apply prospectively only.

  7  Actions of the commission are subject to judicial review

  8  pursuant to s. 120.68.

  9         (f)  Make recommendations to, and provide assistance

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

11  regarding rules relating to accessibility for persons with

12  disabilities.

13         (g)  Participate with the Florida Fire Code Advisory

14  Council created under s. 633.72, to provide assistance and

15  recommendations relating to firesafety code interpretations.

16  The administrative staff of the commission shall attend

17  meetings of the Florida Fire Code Advisory Council and

18  coordinate efforts to provide consistency between the Florida

19  Building Code and the Florida Fire Prevention Code and the

20  Life Safety Code.

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

22  appeal regarding interpretation decisions of local building

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

24  decisions of the building officials regarding interpretations

25  of the code.  For such appeals:

26         1.  Local decisions declaring structures to be unsafe

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

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

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

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

31  jurisdiction defending the appeal.

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  1         3.  Actions of the commission are subject to judicial

  2  review pursuant to s. 120.68.

  3         (i)  Determine the types of products requiring approval

  4  for local or statewide use and shall provide for the

  5  evaluation and approval of such products, materials, devices,

  6  and method of construction for statewide use. The commission

  7  may prescribe by rule a schedule of reasonable fees to provide

  8  for evaluation and approval of products, materials, devices,

  9  and methods of construction. Evaluation and approval shall be

10  by action of the commission or delegated pursuant to s.

11  553.842 s. 553.84. This paragraph does not apply to products

12  approved by the State Fire Marshal.

13         (j)  Appoint experts, consultants, technical advisers,

14  and advisory committees for assistance and recommendations

15  relating to the major areas addressed in the Florida Building

16  Code.

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

18  organized through the department, to provide an efficient

19  supply of various levels of code enforcement personnel, design

20  professionals, commercial property owners, and construction

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

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

23  include provisions for:

24         1.  Minimum postdisaster structural, electrical, and

25  plumbing inspections and procedures.

26         2.  Emergency permitting and inspection procedures.

27         3.  Establishing contact with emergency management

28  personnel and other state and federal agencies.

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

30  rulemaking workshops and hearings, disseminating information

31

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

  2  actions which are the responsibility of the commission.

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

  4  industry, and other affected stakeholders in the examination

  5  of legislative provisions and make recommendations to fulfill

  6  the responsibility to develop a consistent, single code.

  7         (n)  Provide technical assistance to local building

  8  departments in order to implement policies, procedures, and

  9  practices which would produce the most cost-effective property

10  insurance ratings.

11         (o)  Develop recommendations for local governments to

12  use when pursuing partial or full privatization of building

13  department functions. The recommendations shall include, but

14  not be limited to, provisions relating to equivalency of

15  service, conflict of interest, requirements for competency,

16  liability, insurance, and long-term accountability.

17         (3)  Upon written application by any substantially

18  affected person, the commission shall issue a declaratory

19  statement pursuant to s. 120.565 relating to a state agency's

20  interpretation and enforcement of the specific provisions of

21  the Florida Building Code the agency is authorized to enforce

22  required under this section or relating to the conformity of

23  new technologies, techniques, and materials to the objectives

24  of the Florida Building Code.  The provisions of this

25  subsection shall not be construed to provide any powers, other

26  than advisory, to the commission with respect to any decision

27  of the State Fire Marshal made pursuant to the provisions of

28  chapter 633.

29         (6)  The commission may provide by rule for plans

30  review and approval of prototype buildings owned by public and

31  private entities to be replicated throughout the state.  Such

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  1  approved plans or prototype buildings shall be exempt from

  2  further review required by s. 553.79(2), except changes to the

  3  prototype design, site plans, and other site-related items, or

  4  any local amendment to any part of the Florida Building Code.

  5  Construction or erection of such prototype buildings is

  6  subject to local permitting and inspections pursuant to this

  7  part.

  8         Section 73.  Paragraph (b) of subsection (2) of section

  9  553.781, Florida Statutes, is amended to read:

10         553.781  Licensee accountability.--

11         (2)

12         (b)  If the licensee, certificateholder, or registrant

13  disputes the violation within 30 days following notification

14  by the local jurisdiction, the fine is abated and the local

15  jurisdiction shall report the dispute to the Department of

16  Business and Professional Regulation or the appropriate

17  professional licensing board for disciplinary investigation

18  and final disposition. If an administrative complaint is filed

19  by the department or the professional licensing board against

20  the certificateholder or registrant, the commission may

21  intervene in such proceeding. Any fine imposed by the

22  department or the professional licensing board, pursuant to

23  matters reported by the local jurisdiction to the department

24  or the professional licensing board, shall be divided equally

25  between the board and the local jurisdiction which reported

26  the violation.

27         Section 74.  Subsections (3) and (5), paragraph (a) of

28  subsection (7), and subsections (10), (12), (14) and (16) of

29  section 553.79, Florida Statutes, are amended to read:

30         553.79  Permits; applications; issuance; inspections.--

31

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  1         (3)  The State Minimum Building Codes, after the

  2  effective date of their adoption pursuant to the provisions of

  3  this part, shall supersede all other building construction

  4  codes or ordinances in the state, whether at the local or

  5  state level and whether adopted by administrative regulation

  6  or by legislative enactment, unless such building construction

  7  codes or ordinances are more stringent than the State Minimum

  8  Building Codes and the conditions of s. 553.73(4) are met.

  9  However, this subsection does not apply to manufactured mobile

10  homes as defined by chapter 320.  Nothing contained in this

11  subsection shall be construed as nullifying or divesting

12  appropriate state or local agencies of authority to make

13  inspections or to enforce the codes within their respective

14  areas of jurisdiction.

15         (5)(a)  The enforcing agency shall require a special

16  inspector to perform structural inspections on a threshold

17  building pursuant to a structural inspection plan prepared by

18  the engineer or architect of record. The structural inspection

19  plan must be submitted to and approved by the enforcing agency

20  prior to the issuance of a building permit for the

21  construction of a threshold building.  The purpose of the

22  structural inspection plan is to provide specific inspection

23  procedures and schedules so that the building can be

24  adequately inspected for compliance with the permitted

25  documents. The special inspector may not serve as a surrogate

26  in carrying out the responsibilities of the building official,

27  the architect, or the engineer of record. The contractor's

28  contractual or statutory obligations are not relieved by any

29  action of the special inspector. The special inspector shall

30  determine that a professional engineer who specializes in

31  shoring design has inspected inspect the shoring and reshoring

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  1  for conformance with the shoring and reshoring plans submitted

  2  to the enforcing agency. A fee simple title owner of a

  3  building, which does not meet the minimum size, height,

  4  occupancy, occupancy classification, or number-of-stories

  5  criteria which would result in classification as a threshold

  6  building under s. 553.71(7), may designate such building as a

  7  threshold building, subject to more than the minimum number of

  8  inspections required by the Florida Building Code.

  9         (b)  The fee owner of a threshold building shall select

10  and pay all costs of employing a special inspector, but the

11  special inspector shall be responsible to the enforcement

12  agency.  The inspector shall be a person certified, licensed,

13  or registered under chapter 471 as an engineer or under

14  chapter 481 as an architect.

15         (c)  The commission shall, by rule, establish a

16  qualification program for special inspectors and shall compile

17  a list of persons qualified to be special inspectors.  Special

18  inspectors shall not be required to meet standards for

19  qualification other than those established by the commission,

20  nor shall the fee owner of a threshold building be prohibited

21  from selecting any person qualified by the commission to be a

22  special inspector. The architect or engineer of record may act

23  as the special inspector provided she or he is on the Board of

24  Professional Engineers' or the Board of Architecture and

25  Interior Design's list of persons qualified to be special

26  inspectors.  School boards may utilize employees as special

27  inspectors provided such employees are on one of the

28  professional licensing board's list of persons qualified to be

29  special inspectors.

30         (d)  The licensed architect or registered engineer

31  serving as the special inspector shall be permitted to send

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  1  her or his duly authorized representative to the job site to

  2  perform the necessary inspections provided all required

  3  written reports are prepared by and bear the seal of the

  4  special inspector and are submitted to the enforcement agency.

  5         (7)  Each enforcement agency shall require that, on

  6  every threshold building:

  7         (a)  The special inspector, upon completion of the

  8  building and prior to the issuance of a certificate of

  9  occupancy, file a signed and sealed statement with the

10  enforcement agency in substantially the following form: To the

11  best of my knowledge and belief, the above-described

12  construction of all structural load-bearing components

13  described in the threshold inspection plan complies with the

14  permitted documents, and the specialty shoring design

15  professional engineer has ascertained that the shoring and

16  reshoring conforms with the shoring and reshoring plans

17  submitted to the enforcement agency.

18         (10)  An enforcing authority may not issue a building

19  permit for any building construction, erection, alteration,

20  repair, or addition unless the permit either includes on its

21  face or there is attached to the permit the following

22  statement: "NOTICE: In addition to the requirements of this

23  permit, there may be additional restrictions applicable to

24  this property that may be found in the public records of this

25  county, and there may be additional permits required from

26  other governmental entities such as water management

27  districts, state agencies, or federal agencies."

28         (12)  Nothing in this section shall be construed to

29  alter or supplement the provisions of part IV of this chapter

30  relating to manufactured buildings factory-built housing.

31

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  1         (14)  A building permit for a single-family residential

  2  dwelling must be issued within 30 working days of application

  3  therefor unless unusual circumstances require a longer time

  4  for processing the application or unless the permit

  5  application fails to satisfy the enforcing agency's laws,

  6  ordinances, or codes.

  7         (16)(a)  The Florida Building Commission shall

  8  establish, within the Florida Building Code adopted by rule,

  9  standards for permitting residential buildings or structures

10  moved into or within a county or municipality when such

11  structures do not or cannot comply with the code. However,

12  such buildings or structures shall not be required to be

13  brought into compliance with the state minimum building code

14  in force at the time the building or structure is moved,

15  provided:

16         1.  The building or structure is structurally sound and

17  in occupiable condition for its intended use;

18         2.  The occupancy use classification for the building

19  or structure is not changed as a result of the move;

20         3.  The building is not substantially remodeled;

21         4.  Current fire code requirements for ingress and

22  egress are met;

23         5.  Electrical, gas, and plumbing systems meet the

24  codes in force at the time of construction and are operational

25  and safe for reconnection; and

26         6.  Foundation plans are sealed by a professional

27  engineer or architect licensed to practice in this state, if

28  required by the building code for all residential buildings or

29  structures of the same occupancy class;

30         (b)  The building official shall apply the same

31  standard to a moved residential building or structure as that

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  1  applied to the remodeling of any comparable residential

  2  building or structure to determine whether the moved structure

  3  is substantially remodeled.  The cost of moving the building

  4  and the cost of the foundation on which the moved building or

  5  structure is placed shall not be included in the cost of

  6  remodeling for purposes of determining whether a moved

  7  building or structure has been substantially remodeled.

  8         Section 75.  Effective January 1, 2001, subsections

  9  (2), (3), (6), and (9) of section 553.79, Florida Statutes, as

10  amended by section 49 of chapter 98-287, Laws of Florida, are

11  amended to read:

12         553.79  Permits; applications; issuance; inspections.--

13         (2)  No enforcing agency may issue any permit for

14  construction, erection, alteration, modification, repair, or

15  demolition of any building or structure until the local

16  building code administrator or inspector, in conjunction with

17  the appropriate firesafety inspector, has reviewed the plans

18  and specifications for such proposal and both officials have

19  found the plans to be in compliance with the Florida Building

20  Code. Notwithstanding the foregoing, an enforcing agency may

21  elect to issue a permit based upon a sworn affidavit from a

22  registered architect or engineer stating that the architect or

23  engineer has reviewed the plans and specifications and found

24  the plans to be in compliance with the Florida Building Code.

25  As a condition of issuing a permit on the basis of such an

26  affidavit, the enforcing agency may require the architect or

27  engineer making the affidavit, or a qualified replacement if

28  the architect or engineer is unavailable, to supervise the

29  work, to assume full responsibility for compliance with the

30  Florida Building Code, to submit copies of all inspection

31  reports, and to provide upon completion an affidavit stating

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  1  that the structure and the electrical, gas, mechanical, and

  2  plumbing systems have been erected in compliance with the

  3  Florida Building Code. The Florida Building Commission shall

  4  establish, within the Florida Building Code adopted by rule,

  5  standards governing this alternative plan review process,

  6  including the content and submission of affidavits and

  7  inspection reports. In addition, an enforcing agency may not

  8  issue any permit for construction, erection, alteration,

  9  modification, repair, or demolition of any building until the

10  appropriate firesafety inspector certified pursuant to s.

11  633.081 has reviewed the plans and specifications for such

12  proposal and found that the plans comply with and the Florida

13  Fire Prevention Code and the Life Safety Code as determined by

14  the local authority in accordance with this chapter and

15  chapter 633. Building plans approved pursuant to s. 553.77(6)

16  and state-approved manufactured buildings are exempt from

17  local codes enforcing agency plan reviews except for

18  provisions of the code relating to erection, assembly, or

19  construction at the site.  Erection, assembly, and

20  construction at the site are subject to local permitting and

21  inspections. Any building or structure which is not subject to

22  a firesafety code and any building or structure which is

23  exempt from the local building permit process shall not be

24  required to have its plans reviewed by the firesafety

25  inspector local officials. Any building or structure that is

26  exempt from the local building permit process may not be

27  required to have its plans reviewed by the local building code

28  administrator. Industrial construction on sites where design,

29  construction, and firesafety are supervised by appropriate

30  design and inspection professionals and which contain adequate

31  in-house fire departments and rescue squads is exempt, subject

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  1  to local government option, from review of plans and

  2  inspections, providing owners certify that applicable codes

  3  and standards have been met and supply appropriate approved

  4  drawings to local building and firesafety inspectors.  The

  5  enforcing agency shall issue a permit to construct, erect,

  6  alter, modify, repair, or demolish any building or structure

  7  when the plans and specifications for such proposal comply

  8  with the provisions of the Florida Building Code and the

  9  Florida Fire Prevention Code and the Life Safety Code as

10  determined by the local authority in accordance with this

11  chapter and chapter 633.

12         (3)  Except as provided in this chapter, the Florida

13  Building Code, after the effective date of adoption pursuant

14  to the provisions of this part, shall supersede all other

15  building construction codes or ordinances in the state,

16  whether at the local or state level and whether adopted by

17  administrative regulation or by legislative enactment.

18  However, this subsection does not apply to the construction of

19  manufactured manufacture of mobile homes as defined by federal

20  law.  Nothing contained in this subsection shall be construed

21  as nullifying or divesting appropriate state or local agencies

22  of authority to make inspections or to enforce the codes

23  within their respective areas of jurisdiction.

24         (6)  A No permit may not be issued for any building

25  construction, erection, alteration, modification, repair, or

26  addition unless the applicant for such permit complies with

27  the requirements for plan review established by the Florida

28  Building Commission within the Florida Building Code. provides

29  to the enforcing agency which issues the permit any of the

30  following documents which apply to the construction for which

31  the permit is to be issued and which shall be prepared by or

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  1  under the direction of an engineer registered under chapter

  2  471:

  3         (a)  Electrical documents for any new building or

  4  addition which requires an aggregate service capacity of 600

  5  amperes (240 volts) or more on a residential electrical system

  6  or 800 amperes (240 volts) or more on a commercial or

  7  industrial electrical system and which costs more than

  8  $50,000.

  9         (b)  Plumbing documents for any new building or

10  addition which requires a plumbing system with more than 250

11  fixture units or which costs more than $50,000.

12         (c)  Fire sprinkler documents for any new building or

13  addition which includes a fire sprinkler system which contains

14  50 or more sprinkler heads.  A Contractor I, Contractor II, or

15  Contractor IV, certified under s. 633.521, may design a fire

16  sprinkler system of 49 or fewer heads and may design the

17  alteration of an existing fire sprinkler system if the

18  alteration consists of the relocation, addition, or deletion

19  of not more than 49 heads, notwithstanding the size of the

20  existing fire sprinkler system.

21         (d)  Heating, ventilation, and air-conditioning

22  documents for any new building or addition which requires more

23  than a 15-ton-per-system capacity which is designed to

24  accommodate 100 or more persons or for which the system costs

25  more than $50,000.  This paragraph does not include any

26  document for the replacement or repair of an existing system

27  in which the work does not require altering a structural part

28  of the building or for work on a residential one-family,

29  two-family, three-family, or four-family structure.

30         (e)  Any specialized mechanical, electrical, or

31  plumbing document for any new building or addition which

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  1  includes a medical gas, oxygen, steam, vacuum, toxic air

  2  filtration, halon, or fire detection and alarm system which

  3  costs more than $5,000.

  4

  5  Documents requiring an engineer seal by this part shall not be

  6  valid unless a professional engineer who possesses a valid

  7  certificate of registration has signed, dated, and stamped

  8  such document as provided in s. 471.025.

  9         (9)  Any state agency whose enabling legislation

10  authorizes it to enforce provisions of the Florida Building

11  Code may enter into an agreement with any other unit of

12  government to delegate its responsibility to enforce those

13  provisions and may with building construction responsibility

14  is authorized to expend public funds for permit and inspection

15  fees, which fees may be no greater than the fees charged

16  others.

17         Section 76.  Effective January 1, 2001, subsection (1)

18  and paragraph (a) of subsection (6) of section 553.80, Florida

19  Statutes, as amended by section 51 of chapter 98-287, Laws of

20  Florida, are amended, and paragraph (d) is added to subsection

21  (6) of that section, to read:

22         553.80  Enforcement.--

23         (1)  Except as provided in paragraphs (a)-(e), It shall

24  be the responsibility of each local government and each

25  legally constituted enforcement district with statutory

26  authority shall to regulate building construction and, where

27  authorized in the state agency's enabling legislation, each

28  state agency shall to enforce the Florida Building Code

29  required by this part on all public or private buildings,

30  structures, and facilities, unless such responsibility has

31

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  1  been delegated to another unit of government pursuant to s.

  2  553.79(9).

  3         (a)  Construction regulations relating to correctional

  4  facilities under the jurisdiction of the Department of

  5  Corrections and the Department of Juvenile Justice are to be

  6  enforced exclusively by those departments.

  7         (b)  Construction regulations relating to elevator

  8  equipment under the jurisdiction of the Bureau of Elevators of

  9  the Department of Business and Professional Regulation shall

10  be enforced exclusively by that department.

11         (c)  In addition to the requirements of s. 553.79 and

12  this section, facilities subject to the provisions of chapter

13  395 and part II of chapter 400 shall have facility plans

14  reviewed and construction surveyed by the state agency

15  authorized to do so under the requirements of chapter 395 and

16  part II of chapter 400 and the certification requirements of

17  the Federal Government.

18         (d)  Building plans approved pursuant to s. 553.77(6)

19  and state-approved manufactured buildings, including buildings

20  manufactured and assembled offsite and not intended for

21  habitation, such as lawn storage buildings and storage sheds,

22  are exempt from local code enforcing agency plan reviews

23  except for provisions of the code relating to erection,

24  assembly, or construction at the site. Erection, assembly, and

25  construction at the site are subject to local permitting and

26  inspections.

27         (e)  Construction regulations governing public schools,

28  state universities, and community colleges shall be enforced

29  as provided in subsection (6).

30

31

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  1  The governing bodies of local governments may provide a

  2  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

  3  and this section, for the enforcement of the provisions of

  4  this part.  Such fees shall be used solely for carrying out

  5  the local government's responsibilities in enforcing the

  6  Florida Building Code. The authority of state enforcing

  7  agencies to set fees for enforcement shall be derived from

  8  authority existing on July 1, 1998 the effective date of this

  9  act. However, nothing contained in this subsection shall

10  operate to limit such agencies from adjusting their fee

11  schedule in conformance with existing authority.

12         (6)  Notwithstanding any other provision of law, state

13  universities, community colleges, and public school districts

14  shall be subject to enforcement of the Florida Building Code

15  pursuant to this part.

16         (a)  State universities, state community colleges, or

17  public school districts shall conduct plan review and

18  construction inspections to enforce building code compliance

19  for their building projects that are subject to the Florida

20  Building Code. Such entities shall use have personnel or

21  contract providers appropriately certified under part XII of

22  chapter 468 to perform the plan reviews and inspections

23  required by the code. Under such arrangements, such entities

24  shall not be subject to local government permitting

25  requirements, plans review, and inspection fees. State

26  universities, state community colleges, and public school

27  districts shall be liable and responsible for all of their

28  buildings, structures, and facilities. Nothing in this

29  paragraph shall be construed to limit the authority of the

30  county, municipality, or code enforcement district to ensure

31  that buildings, structures, and facilities owned by such

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  1  entities comply with the Florida Building Code or to limit the

  2  authority and responsibility of the fire official to conduct

  3  firesafety inspections pursuant to chapter 633.

  4         (d)  School boards, community college boards, and state

  5  universities may use annual facility maintenance permits to

  6  facilitate routine maintenance, emergency repairs, building

  7  refurbishment, and minor renovations of systems or equipment.

  8  The amount expended for maintenance projects may not exceed

  9  $200,000 per project. A facility maintenance permit is valid

10  for 1 year. A detailed log of alterations must be maintained

11  and annually submitted to the building official. The building

12  official retains the right to make inspections at the facility

13  site as he or she considers necessary. Code compliance must be

14  provided upon notification by the building official. If a

15  pattern of code violations is found, the building official may

16  withhold the issuance of future annual facility maintenance

17  permits.

18

19  Nothing in this part shall be construed to authorize counties,

20  municipalities, or code enforcement districts to conduct any

21  permitting, plans review, or inspections not covered by the

22  Florida Building Code. Any actions by counties or

23  municipalities not in compliance with this part may be

24  appealed to the Florida Building Commission. The commission,

25  upon a determination that actions not in compliance with this

26  part have delayed permitting or construction, may suspend the

27  authority of a county, municipality, or code enforcement

28  district to enforce the Florida Building Code on the

29  buildings, structures, or facilities of a state university,

30  state community college, or public school district and provide

31

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  1  for code enforcement at the expense of the state university,

  2  state community college, or public school district.

  3         Section 77.  Effective January 1, 2001, section 553.83,

  4  Florida Statutes, is amended to read:

  5         553.83  Injunctive relief.--Any local government,

  6  legally constituted enforcement district, or state agency

  7  authorized to enforce sections of the Florida Building Code

  8  under s. 553.80 code enforcing agency may seek injunctive

  9  relief from any court of competent jurisdiction to enjoin the

10  offering for sale, delivery, use, occupancy, erection,

11  alteration, or installation of any building covered by this

12  part, upon an affidavit of the local government, code

13  enforcement district, or state code enforcing agency

14  specifying the manner in which the building does not conform

15  to the requirements of the Florida portion of the State

16  Minimum Building Code, or local amendments to the Florida

17  Building Code Codes adopted in that jurisdiction.

18  Noncompliance with the a building code promulgated under this

19  part shall be considered prima facie evidence of irreparable

20  damage in any cause of action brought under authority of this

21  part.

22         Section 78.  Effective January 1, 2001, section 553.84,

23  Florida Statutes, is amended to read:

24         553.84  Statutory civil action.--Notwithstanding any

25  other remedies available, any person or party, in an

26  individual capacity or on behalf of a class of persons or

27  parties, damaged as a result of a violation of this part or

28  the Florida State Minimum Building Code Codes, has a cause of

29  action in any court of competent jurisdiction against the

30  person or party who committed the violation.

31

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  1         Section 79.  Subsection (11) is added to section

  2  553.841, Florida Statutes, to read:

  3         553.841  Building code training program; participant

  4  competency requirements.--

  5         (11)  The Legislature establishes an Office of Building

  6  Code Training Program Administration within the Institute of

  7  Applied Technology in Construction Excellence at the Florida

  8  Community College at Jacksonville. The office is charged with

  9  the following responsibilities as recommended by the Florida

10  Building Code Commission and as resources are provided by the

11  Legislature:

12         (a)  To provide research-to-practice capability for

13  entry-level construction training development, delivery, and

14  quality assurance, as well as training and competency registry

15  systems and recruitment initiatives.

16         (b)  To coordinate with the Department of Community

17  Affairs and the Florida Building Code Commission to serve as a

18  school liaison to disseminate construction awareness and

19  promotion programs and materials to schools.

20         Section 80.  Subsection (1) of section 553.842, Florida

21  Statutes, is amended, present subsections (5) through (12) of

22  that section are redesignated as subsections (6) through (13),

23  respectively, and a new subsection (5) is added to that

24  section to read:

25         553.842  Product evaluation and approval.--

26         (1)  The commission shall make recommendations to the

27  Legislature by February 1, 2001, for a statewide may adopt

28  rules pursuant to ss. 120.536(1) and 120.54 to develop and

29  implement a product evaluation and approval system to operate

30  in coordination with the Florida Building Code.  The product

31  evaluation and approval system shall provide:

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  1         (a)  Appropriate promotion of innovation and new

  2  technologies.

  3         (b)  Processing submittals of products from

  4  manufacturers in a timely manner.

  5         (c)  Independent, third-party qualified and accredited

  6  testing and laboratory facilities.

  7         (d)  An easily accessible product acceptance list to

  8  entities subject to the Florida Building Code.

  9         (e)  Development of stringent but reasonable testing

10  criteria based upon existing consensus standards, when

11  available, for products.

12         (f)  Long-term approvals, where feasible.

13         (g)  Recall or revocation of a product approval.

14         (h)  Cost-effectiveness.

15         (5)  Notwithstanding subsection (4), any county defined

16  in s. 125.011 or a county operating under a home rule charter

17  adopted on or before November 5, 1974, are not precluded from

18  requiring its own testing, evaluation, or submission of other

19  evidence as a condition of using the product within that

20  county, regardless of whether such testing, evaluation, or

21  submission of other evidence is more stringent than, or

22  otherwise differs from, that required for statewide approval.

23

24  For purposes of this section, an approved product evaluation

25  entity is an entity that has been accredited by a nationally

26  recognized independent evaluation authority or entity

27  otherwise approved by the commission.

28         Section 81.  Effective January 1, 2001, section 553.85,

29  Florida Statutes, is amended to read:

30         553.85  Liquefied petroleum gases.--The provisions of

31  the Florida State Minimum Building Code Codes and the rules

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  1  and regulations adopted thereunder for the design,

  2  construction, location, installation, services, and operation

  3  of equipment for storing, handling, transporting, and

  4  utilization of liquefied petroleum gases shall not be in

  5  conflict with chapter 527.

  6         Section 82.  Section 553.901, Florida Statutes, is

  7  amended to read:

  8         553.901  Purpose of thermal efficiency code.--By

  9  January 1, 2001, the Department of Community Affairs shall

10  prepare a The purpose of this thermal efficiency code is to

11  provide for a statewide uniform standard for energy efficiency

12  in the thermal design and operation of all buildings

13  statewide, consistent with energy conservation goals, and to

14  best provide for public safety, health, and general welfare.

15  The Florida Building Commission shall adopt the Florida Energy

16  Efficiency Code for Building Construction within the Florida

17  Building Code, and Department of Community Affairs shall

18  adopt, modify, revise, update, and maintain the Florida Energy

19  Efficiency code for Building Construction to implement the

20  provisions of this thermal efficiency code and amendments

21  thereto, in accordance with the procedures of chapter 120.

22  The department shall, at least triennially, determine the most

23  cost-effective energy-saving equipment and techniques

24  available and report its determinations to the commission,

25  which shall update the code to incorporate such equipment and

26  techniques.  The proposed changes shall be made available for

27  public review and comment no later than 6 months prior to code

28  implementation.  The term "cost-effective," for the purposes

29  of this part, shall be construed to mean cost-effective to the

30  consumer.

31

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  1         Section 83.  Subsections (1), (4), (6), and (7) of

  2  section 553.902, Florida Statutes, are amended to read:

  3         553.902  Definitions.--For the purposes of this part:

  4         (1)  "Exempted building" means:

  5         (a)  Any building or portion thereof whose peak design

  6  rate of energy usage for all purposes is less than 1 watt (3.4

  7  Btu per hour) per square foot of floor area for all purposes.

  8         (b)  Any building which is neither heated nor cooled by

  9  a mechanical system designed to control or modify the indoor

10  temperature and powered by electricity or fossil fuels.

11         (c)  Any building for which federal mandatory standards

12  preempt state energy codes.

13         (d)  Any historical building as described in s.

14  267.021(6).

15         (e)  Any state building that must conform to the more

16  stringent "Florida Energy Conservation Act of 1974" and

17  amendments thereto.

18

19  The Florida Building Commission may recommend to the

20  Legislature additional types of buildings which should be

21  exempted from compliance with the Florida Energy Efficiency

22  Code for Building Construction.

23         (4)  "Local enforcement agency" means the agency of

24  local government which has the authority to make inspections

25  of buildings and to enforce the Florida Building Code a code

26  or codes which establish standards for construction,

27  renovation, or occupancy of buildings. It includes any agency

28  within the definition of s. 553.71(5).

29         (6)  "Energy performance index" or "EPI" means a number

30  describing the relative energy performance of a residential

31  building as compared to a residential building designed to

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  1  baseline energy performance levels for the envelope, HVAC, and

  2  water heating components.  The number shall be calculated

  3  according to rules and procedures promulgated by the

  4  Department of Community Affairs.

  5         (6)(7)  "Energy performance level" means the indicator

  6  of the energy-related performance of a building, including,

  7  but not limited to, the levels of insulation, the amount and

  8  type of glass, and the HVAC and water heating system

  9  efficiencies.

10         Section 84.  Section 553.903, Florida Statutes, is

11  amended to read:

12         553.903  Applicability.--This part shall apply to all

13  new and renovated buildings in the state, except exempted

14  buildings, for which building permits are obtained after March

15  15, 1979, and to the installation or replacement of building

16  systems and components with new products for which thermal

17  efficiency standards are set by the Florida Energy Efficiency

18  Code for Building Construction. The provisions of this part

19  shall constitute a statewide uniform code. The criteria for

20  compliance shall include the provision that the performance

21  level of a building built to such thermal performance

22  standards shall not vary more than 5 percent as a result of

23  choice of energy source.

24         Section 85.  Section 553.907, Florida Statutes, is

25  amended to read:

26         553.907  Compliance.--Owners of all buildings required

27  to comply with this part, or their agents, must certify

28  compliance to the designated local enforcement agency prior to

29  receiving the permit to begin construction or renovation.  If,

30  during the building construction or renovation, alterations

31  are made in the design, materials, or equipment which would

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  1  diminish the energy performance of the building, an amended

  2  copy of the compliance certification must be submitted to the

  3  local enforcement agency on or before the date of final

  4  inspection by the building owner or his or her agent and must

  5  be placed on the building permit. Each local enforcement

  6  agency shall report to the department any information

  7  concerning compliance certifications and amendments at such

  8  intervals as the department designates by rule adopted in

  9  accordance with chapter 120.

10         Section 86.  Section 553.9085, Florida Statutes, is

11  amended to read:

12         553.9085  Energy performance disclosure for residential

13  buildings.--The energy performance level resulting from

14  compliance with the provisions of this part, for each new

15  residential building, shall be disclosed at the request of the

16  prospective purchaser.  In conjunction with the normal

17  responsibilities and duties of this part, the local building

18  official shall require that a complete and accurate energy

19  performance level display card be completed and certified by

20  the builder as accurate and correct before final approval of

21  the building for occupancy.  The energy performance level

22  display card shall be included as an addendum to each sales

23  contract executed after January 1, 1994.  The display card

24  shall be uniform statewide and developed by the Department of

25  Community Affairs. At a minimum, the display card shall list

26  information indicating the energy performance level of the

27  dwelling unit, including an EPI when appropriate, resulting

28  from compliance with the code, shall be signed by the builder,

29  and shall list general information about the energy

30  performance level and the code.

31

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  1         Section 87.  Subsection (1) of section 553.909, Florida

  2  Statutes, is amended to read:

  3         553.909  Setting requirements for appliances;

  4  exceptions.--

  5         (1)  The Florida Energy Efficiency Code for Building

  6  Construction shall set the minimum requirements for heat traps

  7  and thermostat settings for water heaters sold after October

  8  1, 1980, for residential use shall be installed with a heat

  9  trap and shall have the thermostat set at 110 °F or whatever

10  minimum the unit is capable of if it exceeds 110 °F. The code

11  shall further establish the minimum acceptable standby loss

12  for electric water heaters and the minimum recovery efficiency

13  and standby loss for may not have a standby loss which exceeds

14  4 watts per square foot of tank surface per hour. water

15  heaters fueled by natural gas or liquefied petroleum gas in

16  any form which are sold or installed after March 1, 1981,

17  shall have a recovery efficiency of 75 percent or more and

18  shall have a standby loss in percent per hour not exceeding

19  the number determined by dividing 67 by the volume of the tank

20  in gallons and adding the result to 2.8.

21         Section 88.  Subsection (1) of section 627.0629,

22  Florida Statutes, is amended to read:

23         627.0629  Residential property insurance; rate

24  filings.--

25         (1)  Effective July 1, 2001 1994, a rating manual rate

26  filing for residential property insurance must include

27  appropriate discounts, credits, or other rate differentials,

28  or appropriate reductions in deductibles, for properties on

29  which fixtures or construction techniques actuarially

30  demonstrated to reduce the amount of loss in a windstorm have

31  been installed or implemented. The fixtures or construction

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  1  techniques shall include, but not be limited to, fixtures or

  2  techniques that enhance roof strength, roof-to-wall strength,

  3  wall-to-floor-to-foundation strength, and window, door, and

  4  skylight strength.

  5         Section 89.  Effective January 1, 2001, subsection (6)

  6  of section 633.01, Florida Statutes, as amended by section 57

  7  of chapter 98-287, Laws of Florida, is amended to read:

  8         633.01  State Fire Marshal; powers and duties; rules.--

  9         (6)  Only the State Fire Marshal may issue, and, when

10  requested in writing by any substantially affected person or a

11  local enforcing agency, the State Fire Marshal shall issue The

12  Department of Insurance shall issue, when requested in writing

13  by any substantially affected person or a local enforcing

14  agency, declaratory statements pursuant to s. 120.565 relating

15  to the Florida Fire Prevention Code and the Life Safety Code.

16  Such declaratory statements shall apply prospectively, except

17  whenever the State Fire Marshal determines that a serious

18  threat to life exists that warrants retroactive application.

19         Section 90.  Effective January 1, 2001, subsections

20  (1), (2), (3), (4), and (5) of section 633.0215, Florida

21  Statutes, as created by section 59 of chapter 98-287, Laws of

22  Florida, are amended, and subsections (7), (8), (9), and (10)

23  are added to that section, to read:

24         633.0215  Florida Fire Prevention Code.--

25         (1)  The State Fire Marshal department shall adopt, by

26  rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire

27  Prevention Code which shall contain or incorporate by

28  reference all firesafety laws and rules that pertain to and

29  govern the design, construction, erection, alteration,

30  modification, repair, and demolition of public and private

31  buildings, structures, and facilities and the enforcement of

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  1  such firesafety laws and rules. The department shall adopt a

  2  new edition of the Florida Fire Prevention Code every third

  3  year.

  4         (2)  The State Fire Marshal department shall adopt the

  5  National Fire Protection Association's Standard 1, Fire

  6  Prevention Code.  The State Fire Marshal department shall

  7  adopt the Life Safety Code, Pamphlet 101, current editions, by

  8  reference.  The State Fire Marshal department may modify the

  9  selected codes and standards as needed to accommodate the

10  specific needs of the state.  Standards or criteria in the

11  selected codes shall be similarly incorporated by reference.

12  The State Fire Marshal department shall incorporate within

13  sections of the Florida Fire Prevention Code provisions that

14  address uniform firesafety standards as established in s.

15  633.022.  The State Fire Marshal department shall incorporate

16  within sections of the Florida Fire Prevention Code provisions

17  addressing regional and local concerns and variations.

18         (3)  No later than 180 days before the triennial

19  adoption of the Florida Fire Prevention Code, the State Fire

20  Marshal shall notify each municipal, county, and special

21  district fire department of the triennial code adoption and

22  steps necessary for local amendments to be included within the

23  code, excluding referenced Standard 220 and such sections or

24  standards of Standard 1 governing non-fire-prevention

25  requirements for construction or type of construction. No

26  later than 120 days before the triennial adoption of the

27  Florida Fire Prevention Code, each local jurisdiction shall

28  provide the State Fire Marshal with copies of its local fire

29  code amendments. The State Fire Marshal has the option to

30  process local fire code amendments that are received less than

31

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  1  120 days before the adoption date of the Florida Fire

  2  Prevention Code.

  3         (a)  The State Fire Marshal shall review or cause the

  4  review of local amendments to determine:

  5         1.  If the local amendment should be adopted as a

  6  statewide provision;

  7         2.  That the local amendment does not provide a lesser

  8  degree of life safety than the code otherwise provides; and

  9         3.  That the local amendment does not reference a

10  different edition of the national fire codes or other national

11  standard than the edition provided or referenced in the

12  uniform or minimum firesafety codes adopted by the State Fire

13  Marshal or prescribed by statute.

14         (b)  Any local amendment to the Florida Fire Prevention

15  Code adopted by a local government shall be effective only

16  until the adoption by the department of the new edition of the

17  Florida Fire Prevention Code, which shall be every third year.

18  At such time, the State Fire Marshal department shall adopt

19  such amendment as part of the Florida Fire Prevention Code or

20  rescind the amendment.  The State Fire Marshal department

21  shall immediately notify the respective local government of

22  the rescission of the amendment and the reason for the

23  rescission. After receiving such notice, the respective local

24  government may readopt the rescinded amendment. Incorporation

25  of local amendments as regional and local concerns and

26  variations shall be considered as adoption of an amendment

27  pursuant to this part.

28         (c)  Notwithstanding other state or local building and

29  construction code laws to the contrary, locally adopted fire

30  code requirements that were in existence on the effective date

31  of this section shall be deemed local variations of the

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  1  Florida Fire Prevention Code until the State Fire Marshal

  2  department takes action to adopt as a statewide firesafety

  3  code requirement or rescind such requirements as provided

  4  herein, and such action shall take place no later than January

  5  1, 2001.

  6         (4)  The State Fire Marshal department shall update, by

  7  rule adopted pursuant to ss. 120.536(1) and 120.54, the

  8  Florida Fire Prevention Code every 3 years.  Once initially

  9  adopted and subsequently updated by the department, the

10  Florida Fire Prevention Code and the Life Safety Code shall be

11  adopted for use statewide without adoptions by local

12  governments.  When updating the Florida Fire Prevention Code

13  and the most recent edition of the Life Safety Code, the State

14  Fire Marshal department shall consider changes made by the

15  national model fire codes incorporated into the Florida Fire

16  Prevention Code, the State Fire Marshal's department's own

17  interpretations, declaratory statements, appellate decisions,

18  and approved statewide and local technical amendments.

19         (5)  The State Fire Marshal department may approve

20  technical amendments notwithstanding the 3-year update cycle

21  of the Florida Fire Prevention Code upon finding that a threat

22  to life exists that would warrant such action, subject to

23  chapter 120.

24         (7)  Any local amendment adopted by a local government

25  must strengthen the requirements of the minimum firesafety

26  code.

27         (8)  Within 30 days after a local government adopts a

28  local amendment, the local government must transmit the

29  amendment to the Florida Building Commission and the State

30  Fire Marshal.

31

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  1         (9)  The State Fire Marshal shall make rules that

  2  implement this section and ss. 633.01 and 633.025 for the

  3  purpose of accomplishing the objectives set forth in those

  4  sections.

  5         (10)  Notwithstanding other provisions of this chapter,

  6  if a county or a municipality within that county adopts an

  7  ordinance providing for a local amendment to the Florida Fire

  8  Prevention Code and that amendment provides a higher level of

  9  protection to the public than the level specified in the

10  Florida Fire Prevention Code, the local amendment becomes

11  effective without approval of the State Fire Marshal and is

12  not rescinded pursuant to the provisions of this section,

13  provided that the ordinance meets one or more of the following

14  criteria:

15         (a)  The local authority has adopted, by ordinance, a

16  fire service facilities and operation plan that outlines goals

17  and objectives for related equipment, personnel, and capital

18  improvement needs of the local authority for the next 5 years;

19         (b)  The local authority has adopted, by ordinance, a

20  provision requiring proportionate reduction in, or rebate or

21  waivers of, impact or other fees or assessments levied on

22  buildings that are built or modified in compliance with the

23  more stringent firesafety standards; or

24         (c)  The local authority has adopted, by ordinance, a

25  growth management plan that requires buildings and structures

26  to be equipped with more stringent firesafety requirements

27  when these firesafety requirements are used as the basis for

28  planning infrastructure development or housing densities or in

29  other community planning activity.

30

31

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  1  Except as provided in s. 633.022, the local appeals process

  2  shall be the venue if there is a dispute between parties

  3  affected by the provisions of the more stringent local

  4  firesafety amendment adopted as part of the Florida Fire

  5  Prevention Code pursuant to the authority in this subsection.

  6  Local amendments adopted pursuant to this subsection shall be

  7  deemed local or regional variations and published as such in

  8  the Florida Fire Prevention Code. The act of publishing

  9  locally adopted firesafety amendments to the Florida Fire

10  Prevention Code shall not be construed to mean that the State

11  Fire Marshal approves or denies the authenticity or

12  appropriateness of the locally adopted firesafety provision,

13  and the burden of protecting the local fire safety amendment

14  remains solely with the adopting local governmental authority.

15         Section 91.  Effective January 1, 2001, paragraph (d)

16  is added to subsection (2) of section 633.022, Florida

17  Statutes, to read:

18         633.022  Uniform firesafety standards.--The Legislature

19  hereby determines that to protect the public health, safety,

20  and welfare it is necessary to provide for firesafety

21  standards governing the construction and utilization of

22  certain buildings and structures.  The Legislature further

23  determines that certain buildings or structures, due to their

24  specialized use or to the special characteristics of the

25  person utilizing or occupying these buildings or structures,

26  should be subject to firesafety standards reflecting these

27  special needs as may be appropriate.

28         (2)

29         (d)  Each local authority may charge each public school

30  for an inspection thereof an amount which the department shall

31  prescribe by rule, but which inspection charge shall not

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  1  exceed $2 per 1,000 square feet of covered, enclosed, and

  2  occupiable space for each elementary school and shall not

  3  exceed $2.35 per 1,000 square feet of covered, enclosed, and

  4  occupiable space for each middle school and each high school.

  5  No charge shall be made for covered walkways, porticos, or any

  6  other space not normally occupied.

  7         Section 92.  Effective January 1, 2001, subsections

  8  (1), (3), (4), (8), and (9) of section 633.025, Florida

  9  Statutes, as amended by section 59 of chapter 98-287, Laws of

10  Florida, are amended to read:

11         633.025  Minimum firesafety standards.--

12         (1)  The Florida Fire Prevention Code and the Life

13  Safety Code adopted by the State Fire Marshal Department of

14  Insurance, which shall operate in conjunction with the Florida

15  Building Code, shall be deemed adopted by each municipality,

16  county, and special district with firesafety responsibilities.

17  The minimum firesafety codes shall not apply to buildings and

18  structures subject to the uniform firesafety standards under

19  s. 633.022 and buildings and structures subject to the minimum

20  firesafety standards adopted pursuant to s. 394.879.

21         (3)  The most current edition of the National Fire

22  Protection Association (NFPA) 101, Life Safety Code, adopted

23  by the State Fire Marshal Department of Insurance, shall be

24  deemed to be adopted by each municipality, county, and special

25  district with firesafety responsibilities as part of the

26  minimum firesafety code.

27         (4)  Such codes shall be minimum codes and a

28  municipality, county, or special district with firesafety

29  responsibilities may adopt more stringent firesafety

30  standards, subject to the requirements of this subsection.

31  Such county, municipality, or special district may establish

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  1  alternative requirements to those requirements which are

  2  required under the minimum firesafety standards on a

  3  case-by-case basis, in order to meet special situations

  4  arising from historic, geographic, or unusual conditions, if

  5  the alternative requirements result in a level of protection

  6  to life, safety, or property equal to or greater than the

  7  applicable minimum firesafety standards. For the purpose of

  8  this subsection, the term "historic" means that the building

  9  or structure is listed on the National Register of Historic

10  Places of the United States Department of the Interior.

11         (a)  The local governing body shall determine,

12  following a public hearing which has been advertised in a

13  newspaper of general circulation at least 10 days before the

14  hearing, if there is a need to strengthen the requirements of

15  the minimum firesafety code adopted by such governing body.

16  The determination must be based upon a review of local

17  conditions by the local governing body, which review

18  demonstrates that local conditions justify more stringent

19  requirements than those specified in the minimum firesafety

20  code for the protection of life and property or justify

21  requirements that meet special situations arising from

22  historic, geographic, or unusual conditions.

23         (b)  Such additional requirements shall not be

24  discriminatory as to materials, products, or construction

25  techniques of demonstrated capabilities.

26         (c)  Paragraphs (a) and (b) apply solely to the local

27  enforcing agency's adoption of requirements more stringent

28  than those specified in the Florida Fire Prevention Code and

29  the Life Safety Code that have the effect of amending building

30  construction standards. Upon request, the enforcing agency

31  shall provide a person making application for a building

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  1  permit, or any state agency or board with construction-related

  2  regulation responsibilities, a listing of all such

  3  requirements and codes.

  4         (d)  A local government which adopts amendments to the

  5  minimum firesafety code must provide a procedure by which the

  6  validity of such amendments may be challenged by any

  7  substantially affected party to test the amendment's

  8  compliance with the provisions of this section.

  9         1.  Unless the local government agrees to stay

10  enforcement of the amendment, or other good cause is shown,

11  the challenging party shall be entitled to a hearing on the

12  challenge within 45 days.

13         2.  For purposes of such challenge, the burden of proof

14  shall be on the challenging party, but the amendment shall not

15  be presumed to be valid or invalid.

16

17  This subsection gives local government the authority to

18  establish firesafety codes that exceed the minimum firesafety

19  codes and standards adopted by the State Fire Marshal. The

20  Legislature intends that local government give proper public

21  notice and hold public hearings before adopting more stringent

22  firesafety codes and standards. A substantially affected

23  person may appeal, to the Department of Insurance, the local

24  government's resolution of the challenge, and the department

25  shall determine if the amendment complies with this section.

26  Actions of the department are subject to judicial review

27  pursuant to s. 120.68. The department shall consider reports

28  of the Florida Building Commission, pursuant to part VII of

29  chapter 533, when evaluating building code enforcement.

30         (8)  Electrically Battery operated single station smoke

31  detectors required shall be considered as an approved

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  1  detection device for residential buildings are not required to

  2  be interconnected within individual living units in all

  3  buildings having direct access to the outside from each living

  4  unit and having three stories or less. This subsection does

  5  not apply to any residential building required to have a

  6  manual or an automatic fire alarm system.

  7         (9)  The provisions of the Life Safety Code shall not

  8  apply to newly constructed one-family and two-family

  9  dwellings.  However, fire sprinkler protection may be

10  permitted by local government in lieu of other fire

11  protection-related development requirements for in such

12  structures.

13         Section 93.  Section 633.72, Florida Statutes, is

14  amended to read:

15         633.72  Florida Fire Code Advisory Council.--

16         (1)  There is created within the department the Florida

17  Fire Code Advisory Council with 11 seven members appointed by

18  the State Fire Marshal.  The council, in cooperation with the

19  Florida Building Commission, shall advise and recommend to the

20  State Fire Marshal and, where appropriate, for further

21  recommendation to the Legislature changes to in and

22  interpretation of the uniform firesafety standards adopted

23  under s. 633.022, the Florida Fire Prevention Code, and those

24  portions of the Florida Fire Prevention Code codes that have

25  the effect of conflicting with building construction standards

26  that are adopted pursuant to ss. s. 633.0215 and 633.022.  The

27  members of the council shall represent the following groups

28  and professions:

29         (a)  One member shall be the State Fire Marshal, or his

30  or her designated appointee who shall be an administrative

31  employee of the marshal;

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  1         (b)  One member shall be an administrative officer from

  2  a fire department representing a municipality or a county

  3  selected from a list of persons submitted by the Florida Fire

  4  Chiefs Association;

  5         (c)  One member shall be an architect licensed in the

  6  state selected from a list of persons submitted by the Florida

  7  Association/American Institute of Architects;

  8         (d)  One member shall be an a structure engineer with

  9  fire protection design experience registered to practice in

10  the state selected from a list of persons submitted by the

11  Florida Engineering Society;

12         (e)  One member shall be an administrative officer from

13  a building department of a county or municipality selected

14  from a list of persons submitted by the Building Officials

15  Association of Florida;

16         (f)  One member shall be a contractor licensed in the

17  state selected from a list submitted by the Florida Home

18  Builders Association; and

19         (g)  One member shall be a Florida certified

20  firefighter selected from a list submitted by the Florida

21  Professional Firefighters' Association;

22         (h)  One member shall be a Florida certified municipal

23  fire inspector selected from a list submitted by the Florida

24  Fire Marshal's Association;

25         (i)  One member shall be selected from a list submitted

26  by the Department of Education;

27         (j)  One member shall be selected from a list submitted

28  by the Chancellor of the State University System; and

29         (k)(g)  One member shall be representative of the

30  general public.

31

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  1         (2)(h)  The administrative staff of the State Fire

  2  Marshal and shall attend meetings of the Florida Building

  3  Commission shall and coordinate efforts to provide consistency

  4  between the Florida Building Code and the Florida Fire

  5  Prevention Code and the Life Safety Code.

  6         (3)  The council and Florida Building Commission shall

  7  cooperate through joint representation and staff coordination

  8  of codes and standards to resolve conflicts in their

  9  development, updating, and interpretation.

10         (4)(2)  Each appointee shall serve a 4-year term.  No

11  member shall serve more than one term.  No member of the

12  council shall be paid a salary as such member, but each shall

13  receive travel and expense reimbursement as provided in s.

14  112.061.

15         Section 94.  Effective January 1, 2001, section

16  655.962, Florida Statutes, is amended to read:

17         655.962  Lighting; mirrors; landscaping.--

18         (1)  Each operator of an automated teller machine, or

19  other person that controls the access area or defined parking

20  area to be lighted, shall comply with this section and the

21  provisions of the Florida Building Code which govern required

22  lighting and mirrors for automated teller machines subsections

23  (2), (3), and (4) no later than 1 year after October 1, 1994.

24  If the access area or defined parking area to be lighted is

25  controlled by a person other than the operator, such other

26  person shall comply with subsections (2), (3), and (4) no

27  later than 1 year after October 1, 1994.

28         (2)  Each operator, or other person responsible for an

29  automated teller machine pursuant to ss. 655.960-655.965,

30  shall provide lighting as required by the Florida Building

31  Code during the hours of darkness with respect to an open and

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  1  operating automated teller machine and any defined parking

  2  area, access area, and the exterior of an enclosed automated

  3  teller machine installation., as follows:

  4         (a)  There shall be a minimum of 10 candlefoot power at

  5  the face of the automated teller machine and extending in an

  6  unobstructed direction outward 5 feet.

  7         (b)  There shall be a minimum of 2 candlefoot power

  8  within 50 feet in all unobstructed directions from the face of

  9  the automated teller machine. If the automated teller machine

10  is located within 10 feet of the corner of the building and

11  the automated teller machine is generally accessible from the

12  adjacent side, there shall be a minimum of 2 candlefoot power

13  along the first 40 unobstructed feet of the adjacent side of

14  the building.

15         (c)  There shall be a minimum of 2 candlefoot power in

16  that portion of the defined parking area within 60 feet of the

17  automated teller machine.

18         (3)  The operator shall provide reflective mirrors or

19  surfaces at each automated teller machine which comply with

20  the Florida Building Code and which provide the customer with

21  a rear view while the customer is engaged in using the

22  automated teller machine.

23         (4)  The operator, or other person responsible pursuant

24  to ss. 655.960-655.965 for an automated teller machine, shall

25  ensure that the height of any landscaping, vegetation, or

26  other physical obstructions in the area required to be lighted

27  pursuant to subsection (2) for any open and operating

28  automated teller machine shall not exceed 3 feet, except that

29  trees trimmed to a height of 10 feet and whose diameters are

30  less than 2 feet and manmade physical obstructions required by

31

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  1  statute, law, code, ordinance, or other governmental

  2  regulation shall not be affected by this subsection.

  3         Section 95.  Section 62 of chapter 98-287, Laws of

  4  Florida, is amended to read:

  5         Section 62.  (1)  Before the 2000 Regular Session of

  6  the Legislature, the Florida Building Commission shall submit

  7  to the Legislature, for review and approval or rejection, the

  8  Florida Building Code adopted by the commission and shall

  9  prepare list of recommendations of revisions to the Florida

10  Statutes necessitated by adoption of the Florida Building Code

11  if the Legislature approves the Florida Building Code.

12         (2)  Effective January 1, 2001 Upon approval of the

13  Florida Building Code by the Legislature, all existing local

14  technical amendments to any building code adopted by any local

15  government, except for local ordinances setting forth

16  administrative requirements which are not in conflict with the

17  Florida Building Code, are repealed. Each local government may

18  readopt such amendments pursuant to s. 553.73, Florida

19  Statutes, provided such amendments comply with applicable

20  provisions of the Florida Building Code.

21         Section 96.  Section 68 of chapter 98-287, Laws of

22  Florida, is amended to read:

23         Section 68.  Effective January 1, 2001 upon the

24  approval by the Legislature of the adoption of the Florida

25  Building Code by the Florida Building Commission, parts I, II,

26  and III of chapter 553, Florida Statutes, consisting of

27  sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,

28  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

29  553.16, 553.17, 553.18, 553.19, 553.20, 553.21, 553.22,

30  553.23, 553.24, 553.25, 553.26, 553.27, and 553.28, Florida

31  Statutes, are repealed, and section 553.141, Florida Statutes,

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  1  is transferred and renumbered as section 553.86, Florida

  2  Statutes, and section 553.19, Florida Statutes, is transferred

  3  and renumbered as section 553.87, Florida Statutes.

  4         Section 97.  The Legislature has reviewed the Florida

  5  Building Code that was adopted by action of the Florida

  6  Building Commission on February 15, 2000, and that was noticed

  7  for rule adoption by reference in Rule 9B-3.047, F.A.C., on

  8  February 18, 2000, in the Florida Administrative Weekly on

  9  page 731. The Florida Building Commission is directed to

10  continue the process to adopt the code, pursuant to section

11  120.54(3), Florida Statutes, and to incorporate the following

12  provisions or standards for the State of Florida:

13         (1)  The commission shall apply the criteria set forth

14  at section 553.73(7)(a) and (b), Florida Statutes, as amended

15  by section 40 of chapter 98-287, Laws of Florida, and section

16  553.73(6)(c), Florida Statutes, as created by this act, for

17  the adoption of any amendments to the base codes after the

18  effective date of this act.

19         (2)  There is appropriated from the Florida Hurricane

20  Catastrophe Fund to the Department of Community Affairs an

21  amount sufficient to demonstrate the true cost and risk

22  reduction of, and educate the stakeholders regarding, the

23  proposed Florida Building Code. The department shall undertake

24  this demonstration and education project for the following

25  purposes and outcomes:

26         (a)  The construction of residential single-family

27  homes in various regions of the state to the standards of the

28  proposed Florida Building Code. These project homes shall be

29  used to determine the cost differential between the Florida

30  Building Code and the current state minimum building code. The

31  department shall provide the resources to offset any increased

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  1  cost of building to the proposed Florida Building Code, and

  2  shall provide an analysis and accounting of such additional

  3  costs prepared by an appropriate engineering firm and

  4  accounting firm. These homes shall be used for educational

  5  purposes in the local community.

  6         (b)  The results of the accounting and analysis shall

  7  be forwarded by the department to the Florida Building

  8  Commission for use in reviewing the proposed Florida Building

  9  Code.

10         (c)  The accounting and analysis shall be forwarded to

11  the Department of Insurance, which shall use the accounting

12  and analysis in determining the basis for property and

13  casualty windstorm insurance rate reductions and rebates to

14  consumers.

15         (3)  The department shall implement this project

16  contingent upon and subject to legislative appropriations as

17  soon as budget authority is available following the 2000

18  legislative session. Resources for this project shall be

19  expeditiously made available to project participants. The

20  Department of Community Affairs, the Florida Building

21  Commission, the Florida Insurance Council, the Department of

22  Insurance, the Florida Windstorm Underwriting Association, the

23  Florida Home Builders Association, and the Building Officials

24  Association of Florida shall serve as an advisory group for

25  this project. Decisions regarding the conduct of the project

26  and contracting with the appropriate engineering group and

27  accounting group shall be made by consensus of the advisory

28  group.

29         (4)  The Department of Community Affairs shall issue a

30  preliminary report of its findings to the Governor, the

31  President of the Senate, and the Speaker of the House of

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  1  Representatives prior to the beginning of the 2001 legislative

  2  session and shall issue its final report by July 1, 2001.

  3         (5)  The following areas of the state are defined as

  4  the "windborne debris region" and are subject to the windborne

  5  debris construction standards specified in the American

  6  Society of Civil Engineers standard ASCE 7-98:

  7         (a)  All land south of the 28th latitudinal parallel;

  8         (b)  On the eastern coast of the state, all land within

  9  5 miles of the coast north from the 28th latitudinal parallel;

10         (c)  On the western coast of the state, all land within

11  3 miles of the coast north from the 28th latitudinal parallel,

12  to the end of the 120 mph wind zone, as established in ASCE

13  7-98, in Taylor County;

14         (d)  On the western coast of the state, all land within

15  1 mile of the coast, from the end of the 120 mph wind zone in

16  Taylor County, as established in ASCE 7-98, to the

17  Florida-Alabama state line.

18

19  The exact location of the line shall be established by local

20  ordinance, using recognized physical landmarks such as major

21  roads, canals, rivers, and lake shores, wherever possible.

22  Buildings constructed in the windborne debris region must be

23  either designed for internal pressures that may result inside

24  a building when a window or door is broken or a hole is

25  created in its walls or roof by large debris, or be designed

26  with protected openings.

27         (6)  The commission shall delete the requirement in the

28  code that disclosures be made to the owner of the building

29  regarding the risks associated with failing to install

30  shutters and door protections during a hurricane.

31

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  1         (7)  Notwithstanding section 40 of chapter 98-287, Laws

  2  of Florida, if a county with a population over 1 million on

  3  April 1, 2000, as enumerated in the 2000 decennial census, or

  4  a municipality within that county, adopts and ordinance

  5  providing for a local amendment to the Florida Building Code,

  6  and such amendment provides a higher level of protection to

  7  the public, as determined by the Florida Building Commission,

  8  the local amendment becomes effective without approval of the

  9  Florida Building Commission and is not rescinded pursuant to

10  section 40 of chapter 98-287, Laws of Florida.

11         (8)  Notwithstanding section 40 of chapter 98-287, Laws

12  of Florida, if a county or municipality adopts an ordinance

13  providing for a local amendment to the Florida Building Code,

14  and such amendment provides for window and door protection

15  such as hurricane shutters beyond what the code provides, as

16  determined by the Florida Building Commission, the local

17  amendment becomes effective without approval of the Florida

18  Building Commission and is not rescinded pursuant to section

19  40 of chapter 98-287, Laws of Florida.

20

21  The Legislature declares that changes made to the proposed

22  Rule 9B-3.047, F.A.C., to implement the requirements of this

23  act prior to October 1, 2000, are not subject to rule

24  challenges under section 120.56, Florida Statutes. However,

25  the entire rule, adopted pursuant to section 120.54(3),

26  Florida Statutes, as amended after October 1, 2000, is subject

27  to rule challenges under section 120.56, Florida Statutes.

28         (9)  The Florida Building Commission is directed to

29  amend section 611 of the Plumbing Section of the Florida

30  Building Code to incorporate the following:

31

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  1         (a)  When reduction of aesthetic contaminants, such as

  2  chlorine, taste, odor, or sediment are claimed, the drinking

  3  water treatment units must meet the requirements of NSF

  4  Standard 42 Drinking Water Treatment Units-Aesthetic Effects,

  5  or Water Quality Association Standard S-200 for Household and

  6  Commercial Water Filters. When reduction of regulated health

  7  contaminants is claimed, such as inorganic or organic

  8  chemicals, or radiological substances, the drinking water

  9  treatment unit must meet the requirements of NSF Standard 53

10  Drinking Water Treatment Units-Health Effects.

11         (b)  Reverse osmosis drinking water treatment systems

12  shall meet the requirements of NSF Standard 58 Reverse Osmosis

13  Drinking Water Treatment Units or Water Quality Association

14  Standard S-300 Point-of-Use Low Pressure Reverse Osmosis

15  Drinking Water Systems for the Reduction of Total Dissolved

16  Solids Only.

17         (c)  When reduction of regulated health contaminants is

18  claimed, such as inorganic or organic chemicals, or

19  radiological substances, the reverse osmosis drinking water

20  treatment unit must meet the requirements of NSF Standard 58

21  Reverse Osmosis Drinking Water Treatment Systems.

22         (d)  Waste or discharge from reverse osmosis or other

23  types of water treatment units must enter the drainage system

24  through an air gap or be equipped with an equivalent

25  backflow-prevention device.

26         (10)  The Florida Building Commission is directed to

27  reinsert into the Florida Building Code Sections 104.3.2 and

28  104.6.2 of the Florida Building Code, Third Draft, related to

29  a building official's authority to elect to issue a permit

30  based upon plan review by a registered architect or engineer.

31

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  1         (11)  The Florida Building Commission is directed to

  2  amend paragraph F of Section 105.13 of the Florida Building

  3  Code to make clear that the building department may allow a

  4  special inspector to conduct the minimum structural inspection

  5  of threshold buildings required by the Florida Building Code

  6  and section 553.73, Florida Statutes, without duplicative

  7  inspection by the building department.

  8         (12)  The Florida Building Commission is directed to

  9  amend Section 127.5.9.8.5 of the Florida Building Code to make

10  clear that the building official may allow a special inspector

11  to conduct all mandatory inspections in accordance with

12  section 127.3 of the Code, without duplicative inspection by

13  the building official.

14         Section 98.  (1)  The select committee to investigate

15  the feasibility of establishing performance-based criteria for

16  the cost-effective application of fire codes and fire code

17  alternatives for existing educational facilities established

18  by chapter 98-287, Laws of Florida, is authorized to continue

19  its investigation. Committee appointment authority established

20  by chapter 98-287, Laws of Florida, shall continue should any

21  position on the select committee become vacant. Members of the

22  committee shall serve at their own expense, except that state

23  employees shall be reimbursed for travel costs incurred from

24  existing budgets in accordance with section 112.061, Florida

25  Statutes.

26         (2)  Funds in the amount of $35,000 are appropriated to

27  the State Fire Marshal from the Insurance Commissioner's

28  Regulatory Trust Fund for the purposes of providing training

29  and education to those impacted by its use on the application

30  of the alternative fire safety standards for educational

31  facilities. The Division of State Fire Marshal shall review

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  1  the alternative code for existing educational facilities and

  2  may adopt such alternative code by rule as part of the Florida

  3  Fire Prevention Code as an acceptable alternative for code

  4  compliance.

  5         Section 99.  Section 125.0106, Florida Statutes, is

  6  repealed.

  7         Section 100.  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 101.  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 102.  Except as otherwise specifically provided

14  in this act, this act shall take effect upon becoming a law.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                      CS for SB's 4 and 380

  3

  4  The committee substitute provides the following changes:

  5  1.    Allows an enforcing agency to issue a permit based upon
          a sworn affidavit from an architect or engineer
  6        regarding compliance with the Building Code, instead of
          requiring the local enforcing agency to review the plans
  7        and specifications to determine whether the plan is in
          compliance with the Building Code.
  8
    2.    Clarifies responsibilities of the State Fire Marshal
  9        relating to the adoption of local amendments into the
          statewide Florida Fire Prevention Code, allows local
10        governments to adopt stricter standards than the
          statewide code, if certain criteria are met, and
11        requires the local appeals as the venue for resolving
          disputes between affected parties.
12
    3.    Requires insurers to include in their rating manual
13        credits for fixtures as well as construction techniques
          that have been actuarially demonstrated to reduce the
14        amount of loss in a windstorm.

15  4.    Authorizes a local authority to inspect a public school
          for fire inspection standard compliance and charge a fee
16        for such inspection.

17  5.    Continues the select committee charged with
          investigating the feasibility of establishing
18        performance-based criteria for the cost effectiveness
          application of fire codes for educational facilities and
19        appropriates $35,000 to the State Fire Marshal's Office
          from the Insurance Commissioner's Regulatory Trust Fund
20        to provide training to those impacted by the application
          of such standards.
21
    6.    Requires the State Fire Marshal and the Florida Building
22        Commission, in cooperation with the Department of
          Community Affairs, to establish fire safety criteria for
23        educational plants.

24  7.    Authorizes the Building Commission to adopt amendments
          for regional application.
25
    8.    Excludes the cost of moving a building for the purpose
26        of determining whether a structure has been
          substantially remodeled.
27
    9.    Establishes the Office of Building Code Training within
28        the Jacksonville Community College to provide research
          and training and to coordinate with the Department of
29        Community Affairs and the Building Commission to promote
          awareness regarding construction.
30
    10.   Extends the deadline for the Department of Business and
31        Professional Regulation to implement an automated
          information system from November 1999 to November 2001.
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