Senate Bill 0004e1

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    CS for CS for SB's 4 & 380                     First Engrossed



  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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    CS for CS for SB's 4 & 380                     First Engrossed



  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; creating s. 240.2945, F.S.;

22         exempting state universities from local

23         amendments to the Florida Building Code and the

24         Fire Prevention Code; amending s. 253.033,

25         F.S.; replacing references to local building

26         codes with references to the Florida Building

27         Code; amending s. 255.25, F.S.; deleting the

28         requirement that the Department of Management

29         Services approve design and construction plans

30         for state agency buildings; amending s. 255.31,

31         F.S.; eliminating authority of the department


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         to conduct plan reviews and inspection

  2         services; providing exceptions; amending s.

  3         316.1955, F.S.; deleting parking requirements

  4         for persons who have disabilities; amending s.

  5         381.006, F.S.; eliminating the Department of

  6         Health's authority to adopt regulations

  7         governing sanitary facilities in public places

  8         and places of employment; amending s. 383.301,

  9         F.S.; amending the legislative intent regarding

10         regulation of birth centers; amending s.

11         383.309, F.S.; eliminating the authority of the

12         Agency for Health Care Administration to adopt

13         certain rules governing birth centers;

14         providing for adoption of those standards

15         within the Florida Building Code and the

16         Florida Fire Prevention Code; authorizing the

17         agency to enforce specified provisions of the

18         Florida Building Code and the Florida Fire

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

20         eliminating the authority of the Department of

21         Children and Family Services or the Agency for

22         Health Care Administration to adopt certain

23         rules governing crisis stabilization units;

24         providing for adoption of those standards

25         within the Florida Building Code; authorizing

26         the agency to enforce specified provisions of

27         the Florida Building Code; amending s.

28         395.0163, F.S.; providing that construction of

29         certain facilities is governed by the Florida

30         Building Code and the Florida Fire Prevention

31         Code; providing for plan reviews and


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         construction surveys by the Agency for Health

  2         Care Administration; clarifying that inspection

  3         and approval includes compliance with the

  4         Florida Building Code; amending s. 395.1055,

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

  6         for Health Care Administration to adopt

  7         standards for construction of licensed

  8         facilities; providing for adoption of those

  9         standards within the Florida Building Code;

10         authorizing the agency to enforce specified

11         provisions of the Florida Building Code and the

12         Florida Fire Prevention Code; amending s.

13         395.10973, F.S.; authorizing the Agency for

14         Health Care Administration to enforce specified

15         provisions of the Florida Building Code;

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

17         Division of Elevator Safety's authority to

18         adopt certain codes and provide exceptions

19         thereto; requiring the division to develop a

20         code and submit it to the Florida Building

21         Commission for adoption; authorizing the

22         division to enforce specified provisions of the

23         Florida Building Code; requiring the division

24         to review and recommend revisions to the

25         Florida Building Code; amending ss. 399.03,

26         399.13, F.S.; substituting references to the

27         Florida Building Code for references to the

28         Elevator Safety Code; amending s. 399.061,

29         F.S.; revising requirements for elevator

30         inspections and service maintenance contracts;

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2         provision of construction standards for nursing

  3         homes and related health care facilities;

  4         amending s. 400.23, F.S.; eliminating the

  5         authority of the Agency for Health Care

  6         Administration to adopt construction

  7         regulations for nursing homes and related

  8         health care facilities; authorizing the agency

  9         to enforce specified provisions of the Florida

10         Building Code; directing the agency to assist

11         the Florida Building Commission; amending s.

12         400.232, F.S.; providing that the design and

13         construction of nursing homes is governed by

14         the Florida Building Code and the Florida Fire

15         Prevention Code; authorizing the agency to

16         conduct plan reviews and construction surveys

17         of those facilities; amending s. 455.2286,

18         F.S.; revising the effective date for

19         implementing an automated information system;

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

21         references to the Florida Building Code for

22         references to listed locally adopted codes;

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

24         continuing validity of the certifications of

25         certain building inspectors and plans examiners

26         for a certain period of time; amending s.

27         468.609, F.S.; clarifying the prerequisites for

28         taking certain certification examinations;

29         providing for a limited certificate to be

30         issued to an employee of an educational board

31         before a specified date; amending s. 468.617,


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         F.S.; adding school boards, community college

  2         boards, state agencies, and state universities

  3         as entities that may contract for joint

  4         inspection services or contract with other

  5         certified persons to perform plan reviews and

  6         inspection services; amending s. 469.002, F.S.;

  7         eliminating a required asbestos disclosure

  8         statement; providing for inclusion of such a

  9         statement within the Florida Building Code;

10         amending s. 471.015, F.S.; authorizing the

11         Board of Professional Engineers to establish

12         qualifications for special inspectors of

13         threshold buildings and to establish

14         qualifications for the qualified representative

15         of such a special inspector; providing for

16         minimum qualifications for qualified

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

18         authorizing the Board of Architecture and

19         Interior Design to establish qualifications for

20         certifying licensed architects as special

21         inspectors of threshold buildings and to

22         establish qualifications for the qualified

23         representative of such a special inspector;

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

25         references to the Florida Building Code for

26         references to locally adopted codes; amending

27         ss. 489.115, 497.255, 553.06, 553.141, 553.503,

28         553.506, 553.512, 553.73, 553.74, F.S.;

29         replacing references to the Board of Building

30         Codes and Standards with references to the

31         Florida Building Commission; amending s.


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         500.09, F.S.; clarifying that the Department of

  2         Agriculture and Consumer Services may not adopt

  3         construction regulations for food

  4         establishments; requiring the adoption of such

  5         regulations within the Florida Building Code;

  6         authorizing the department to enforce specified

  7         provisions of the Florida Building Code;

  8         preserving the department's authority to adopt

  9         and enforce sanitary regulations; amending s.

10         500.12, F.S.; authorizing the department to

11         enforce specific provisions of the Florida

12         Building Code; providing a requirement for

13         obtaining or renewing a local occupational

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

15         the department to enforce specific provisions

16         of the Florida Building Code; amending s.

17         509.032, F.S.; clarifying that the Division of

18         Hotels and Restaurants may not adopt

19         construction standards for public food and

20         public lodging establishments; providing for

21         the adoption of such standards within the

22         Florida Building Code and the Florida Fire

23         Prevention Code; authorizing the division to

24         enforce specified provisions of the Florida

25         Building Code and the Florida Fire Prevention

26         Code; preserving the authority of local

27         governments to inspect public food and public

28         lodging establishments for compliance with the

29         Florida Building Code and the Florida Fire

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

31         substituting references to the Florida Building


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         Code for references to other state and local

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

  3         that the Department of Health may not adopt

  4         construction regulations for public swimming

  5         pools and bathing places; providing for the

  6         adoption of such standards within the Florida

  7         Building Code; authorizing the department to

  8         conduct plan reviews, to issue approvals, and

  9         to enforce specified provisions of the Florida

10         Building Code; preserving the department's

11         authority to adopt and enforce sanitary

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

13         preserving local governments' authority to

14         conduct plan reviews and inspections for

15         compliance with the Florida Building Code;

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

17         the State Plumbing Code by replacing a

18         reference to the board with a reference to the

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

20         specific requirements for the ratio of public

21         restroom facilities for men and women;

22         requiring the incorporation of such

23         requirements into the Florida Building Code;

24         requesting the Division of Statutory Revision

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

26         establishing minimum construction requirements

27         for manufactured buildings; amending s. 553.36,

28         F.S.; providing for approval of building

29         components; redefining the term "manufactured

30         building" to include certain storage sheds and

31         to exclude manufactured housing; defining the


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         term "module"; updating references to the

  2         Florida Building Code; amending s. 553.37,

  3         F.S.; authorizing the Department of Community

  4         Affairs to adopt certain rules; providing that,

  5         if the department delegates certain authority,

  6         manufacturers shall have plan reviews and

  7         inspections conducted by a single agency;

  8         transferring rulemaking authority to the

  9         Florida Building Commission; creating s.

10         553.375, F.S.; providing for recertification of

11         manufactured buildings; amending s. 553.38,

12         F.S.; transferring to the Florida Building

13         Commission authority to adopt rules governing

14         manufactured buildings; amending s. 553.381,

15         F.S.; providing for certification of

16         manufacturers of manufactured buildings;

17         providing certification requirements;

18         transferring authority for construction

19         standards to the Florida Building Commission;

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

21         department's rules with the Florida Building

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

23         requirements for parking accommodations for

24         persons who have disabilities; amending s.

25         553.512, F.S.; providing that the commission

26         may not waive specified requirements for

27         parking for persons who have disabilities;

28         providing that applicants for waiver must have

29         applied for variance from specified local

30         requirements; deleting the word "handicapped";

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


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         "threshold building"; defining the terms

  2         "special inspector" and "prototype building";

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

  4         intent relating to the Florida Building Code;

  5         amending s. 553.73, F.S.; prohibiting the

  6         Florida Building Commission from adopting a

  7         fire prevention or life safety code; expanding

  8         the list of regulations to be included in the

  9         Florida Building Code; clarifying the

10         limitations applicable to administrative

11         amendments to the code; clarifying the effect

12         on local governments of adopting and updating

13         the Florida Building Code; specifying that

14         amendments to certain standards or criteria are

15         effective statewide or on a regional basis upon

16         adoption by the commission; providing for the

17         immediate effect of certain amendments to the

18         Florida Building Code in certain circumstances;

19         revising criteria for commission approval of

20         amendments to the Florida Building Code;

21         prescribing which edition of the Florida

22         Building Code applies to a given project;

23         authorizing the Florida Building Commission to

24         provide exceptions to the exemptions; providing

25         for review of decisions of certain local

26         government officials; delegating certain

27         responsibilities to the State Fire Marshal,

28         rather than the Department of Insurance;

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

30         of the commission; providing for fees for

31         product approval; correcting a cross-reference;


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2         Department of Business and Professional

  3         Regulation conducts disciplinary investigations

  4         and takes disciplinary actions; amending s.

  5         553.79, F.S.; replacing the term "mobile home"

  6         with the term "manufactured home"; deleting the

  7         authority of the Department of Community

  8         Affairs to establish qualifications for and

  9         certify special inspectors; revising the

10         responsibilities of special inspectors;

11         requiring the Florida Building Commission to

12         establish standards for specified structures;

13         deleting standards for specified structures;

14         providing for alternative plan review by a

15         registered architect or engineer under certain

16         circumstances; clarifying that building code

17         plan review is required independent of

18         firesafety plan review; deleting specific

19         requirements for the submittal of plans;

20         directing the Florida Building Commission to

21         adopt requirements for plan review; revising

22         standards for determining costs; amending s.

23         553.80, F.S.; consolidating all exemptions from

24         local enforcement of the building code;

25         providing for uses of facility maintenance

26         permits by school boards, community college

27         boards, and state universities; amending ss.

28         553.83, 553.84, 553.85, F.S.; replacing

29         references to local codes and state minimum

30         codes with references to the Florida Building

31         Code; amending s. 553.841, F.S.; requiring the


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         Florida Building Commission to establish a

  2         training program by rule; providing for

  3         consultation with the State Fire Marshal;

  4         eliminating residential designers from the

  5         program; creating the Office of Building Code

  6         Training Program Administration and providing

  7         its duties; amending s. 553.842, F.S.;

  8         requiring the commission to make

  9         recommendations to the Legislature for a

10         statewide product approval system; exempting

11         certain counties from the statewide product

12         approval system; amending s. 553.901, F.S.;

13         transferring the authority to adopt the thermal

14         efficiency code from the Department of

15         Community Affairs to the Florida Building

16         Commission; amending s. 553.902, F.S.; amending

17         the term "exempted building"; deleting an

18         exemption; authorizing the commission to

19         recommend additional exemptions; deleting the

20         term "energy performance index"; amending s.

21         553.903, F.S.; deleting an obsolete requirement

22         relating to thermal efficiency; amending s.

23         553.907, F.S.; deleting requirements for

24         certification of compliance to local

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

26         deleting obsolete references; amending s.

27         553.909, F.S.; deleting specific requirements

28         for water heaters; directing that such

29         requirements be set in the energy code;

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

31         manual to include discounts for certain


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         fixtures and construction techniques; amending

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

  3         references to the Department of Insurance with

  4         references to the State Fire Marshal; amending

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

  6         Code; providing for triennial adoption of the

  7         code; providing requirements for local

  8         amendments; exempting certain ordinances from

  9         adoption by the State Fire Marshal; amending s.

10         633.025, F.S.; prescribing minimum firesafety

11         standards; amending provisions relating to

12         smoke detector requirements in residential

13         buildings; providing requirements for adopting

14         local firesafety codes and standards; amending

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

16         Florida Fire Code Advisory Council; revising

17         duties of the council with regard to the

18         Florida Building Commission; amending s. 62 of

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

20         requirement that the Legislature approve or

21         reject the Florida Building Code, provide for

22         repeal of local codes on a date certain, and

23         provide for certain local ordinances to remain

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

25         of Florida; revising the future repeal of

26         certain sections of the Florida Statutes to

27         provide a date certain, and to transfer and

28         renumber a certain section; providing that the

29         Legislature has reviewed the Florida Building

30         Code and directing the Florida Building

31         Commission to continue the process to adopt the


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         code; providing that certain changes in the

  2         code are not subject to rule challenge;

  3         providing for determining the cost differential

  4         between building under the old code and

  5         building under the new code; providing

  6         procedures; providing for applicability of the

  7         analysis to insurance rates; requiring a report

  8         to the Governor and the Legislature;

  9         establishing the windborne debris region for

10         the state; deleting disclosure requirements;

11         exempting certain counties from local-amendment

12         procedures; exempting certain types of

13         amendments from the local-amendment procedures;

14         requiring the Florida Building Commission to

15         amend the plumbing, permits, and inspection

16         sections of the Florida Building Code as

17         specified; providing for alternative plan

18         review by a registered architect or engineer

19         under certain circumstances; authorizing the

20         continuation of a select committee;

21         appropriating funds to the State Fire Marshal

22         for training and education; repealing ss.

23         125.0106, 255.21(2), 553.79(11), F.S.;

24         providing that nothing in the act is intended

25         to imply any repeal or sunset of any existing

26         general or special law not specifically

27         identified; directing the Florida Building

28         Commission to examine the applicability of the

29         code to buildings not intended for human

30         habitation; requiring a report; providing

31         effective dates.


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

  2

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

  4  Florida Statutes, to read:

  5         120.80  Exceptions and special requirements;

  6  agencies.--

  7         (16)  FLORIDA BUILDING COMMISSION.--

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

  9  Florida Building Commission may not accept petition for waiver

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

11  requirements of the Florida Building Code.

12         (b)  The Florida Building Commission shall adopt within

13  the Florida Building Code criteria and procedures for

14  alternative means of compliance with the code or local

15  amendments thereto, for enforcement by local governments,

16  local enforcement districts, or other entities authorized by

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

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

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

20  Building Commission.

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

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

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

24  to read:

25         125.01  Powers and duties.--

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

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

28  extent not inconsistent with general or special law, this

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

30         (d)  Provide fire protection, including the enforcement

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


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  1  633.022 and 633.025, and adopt and enforce local technical

  2  amendments to the Florida Fire Prevention Code as provided in

  3  those sections and pursuant to s. 633.0215.

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

  5  building, housing, and related technical codes and

  6  regulations.

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

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

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

10  (c).

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

12  Florida Statutes, is amended to read:

13         125.56  Enforcement and Adoption or amendment of the

14  Florida Building Code and the Florida Fire Prevention Code;

15  inspection fees; inspectors; etc.--

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

17  several counties of the state is authorized to enforce the

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

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

20  discretion, to adopt local technical amendments to the Florida

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

22  and local technical amendments to the Florida Fire Prevention

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

24  construction, erection, alteration, repair, securing, and

25  demolition of any building within its territory outside the

26  corporate limits of any municipality.  Upon a determination to

27  consider amending the Florida or adopting a Building Code or

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

29  of the board of county commissioners of such county, the board

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

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

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

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

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

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

  6  throughout the unincorporated area of such county until

  7  otherwise notified by the Florida Building Commission pursuant

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

  9  633.0215. Nothing herein contained shall be construed to

10  prevent the board of county commissioners from amending or

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

12  at any regular meeting of such board.

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

14  several counties may provide a schedule of reasonable

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

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

17  any Building Code and the Florida Fire Prevention Code adopted

18  pursuant to the terms of this act.

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

20  several counties may employ a building inspector and such

21  other personnel as it deems necessary to carry out the

22  provisions of this act and may pay reasonable salaries for

23  such services.

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

25  Florida Building Commission or the Florida Fire Prevention

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

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

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

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

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

31  obtaining a permit therefor from the appropriate board of


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  county commissioners, or from such persons as may by

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

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

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

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

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

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

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

  9  the fire code.

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

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

12  Florida any duly adopted county Building Code or the Florida

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

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

15         Section 4.  Effective January 1, 2001, section

16  161.0415, Florida Statutes, is amended to read:

17         161.0415  Citation of rule.--In addition to any other

18  provisions within this chapter or any rules promulgated

19  hereunder, the permitting agency shall, when requesting

20  information for a permit application pursuant to this chapter

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

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

23  information cannot be accompanied by a rule citation, failure

24  to provide such information cannot be grounds to deny a

25  permit.

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

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

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

29  read:

30         161.052  Coastal construction and excavation;

31  regulation.--


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  may be authorized by the department in the following

  3  circumstances:

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

  5  number of existing structures have established a reasonably

  6  continuous and uniform construction line closer to the line of

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

  8  structures have not been unduly affected by erosion, a

  9  proposed structure may be permitted along such line on written

10  authorization from the department if such proposed structure

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

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

13  not contravene setback requirements established by a county or

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

15  setback requirements provided herein.

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

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

18  provisions of this section which pertain to and govern the

19  design, construction, erection, alteration, modification,

20  repair, and demolition of public and private buildings,

21  structures, and facilities shall be incorporated into the

22  Florida Building Code. The Florida Building Commission shall

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

24  120.536 in order to implement those provisions. This

25  subsection does not limit or abrogate the right and authority

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

27  environmental standards, including but not limited to,

28  standards for ensuring the protection of the beach-dune

29  system, proposed or existing structures, adjacent properties,

30  marine turtles, native salt-resistant vegetation, endangered

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  plant communities, and the preservation of public beach

  2  access.

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

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

  5         161.053  Coastal construction and excavation;

  6  regulation on county basis.--

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

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

  9  provisions of this section which pertain to and govern the

10  design, construction, erection, alteration, modification,

11  repair, and demolition of public and private buildings,

12  structures, and facilities shall be incorporated into the

13  Florida Building Code. The Florida Building Commission shall

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

15  120.536 in order to implement those provisions. This

16  subsection does not limit or abrogate the right and authority

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

18  environmental standards, including but not limited to,

19  standards for ensuring the protection of the beach-dune

20  system, proposed or existing structures, adjacent properties,

21  marine turtles, native salt-resistant vegetation, endangered

22  plant communities, and the preservation of public beach

23  access.

24         Section 7.  Effective January 1, 2001, section

25  161.05301, Florida Statutes, is amended to read:

26         161.05301  Beach erosion control project staffing;

27  coastal construction building codes review.--

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

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

30  year 1998-1999 from the Ecosystem Management and Restoration

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


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  201.15(11).  These positions and funding are provided to

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

  3  and promote enhanced beach erosion control project

  4  administration. Such staffing resources shall be directed

  5  toward more efficient contract development and oversight,

  6  promoting cost-sharing strategies and regional coordination or

  7  projects among local governments, providing assistance to

  8  local governments to ensure timely permit review, and

  9  improving billing review and disbursement processes.

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

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

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

13  Building Codes Study Commission recommendations pertaining to

14  coastal construction, and the adoption of those

15  recommendations by local governments, the department shall

16  delegate the coastal construction building codes review

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

18  department positions supporting the coastal construction

19  building codes review shall be directed to support

20  implementation of the subject beach management plan.

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

22  Florida Statutes, is amended to read:

23         161.55  Requirements for activities or construction

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

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

26  the coastal building zone and shall be minimum standards for

27  construction in this area:

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

29         (a)  Major structures shall conform to the state

30  minimum building code in effect in the jurisdiction.

31


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  Home Construction and Safety Standards or the Uniform

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

  4  to the requirements of paragraph (c).

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

  6  and located in compliance with National Flood Insurance

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

  8  the local flood damage prevention ordinance, whichever is more

  9  restrictive.

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

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

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

13  revisions to the 1985 Standard Building Code using a fastest

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

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

16  115 miles per hour.  This does not preclude use of a locally

17  adopted building code which is more restrictive.

18         (e)  Foundation design and construction of a major

19  structure shall consider all anticipated loads resulting from

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

21  hydrodynamic loads acting simultaneously with live and dead

22  loads. Erosion computations for foundation design shall

23  account for all vertical and lateral erosion and

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

25  presence of structural components. Foundation design and

26  construction shall provide for adequate bearing capacity

27  taking into consideration the anticipated loss of soil above

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

29  computations required by this paragraph do not apply landward

30  of coastal construction control lines which have been

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


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  department may provide information and guidance as to those

  2  areas within the coastal building zone where the erosion and

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

  4         (1)(2)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

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

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

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

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

  9  jurisdiction. Such structures shall be designed to produce the

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

11  adjacent properties and to reduce the potential for water or

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

13  protection structure designed primarily to protect a minor

14  structure shall not be permitted.

15         (2)(3)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

16  NONHABITABLE MAJOR STRUCTURES.--Nonhabitable major structures

17  need not meet specific structural requirements provided in

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

19  and except for applicable provisions of the state minimum

20  building code in effect in the jurisdiction.  Such structures

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

22  beach and dune system and shall comply with any applicable

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

24  sewage treatment plants and public water supply systems shall

25  be flood proofed to prevent infiltration of surface water from

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

27  transformers and vaults, shall be flood proofed to prevent

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

29  shall otherwise be designed so as to function when submerged

30  by such storm event.

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         (3)(4)  LOCATION OF CONSTRUCTION.--Construction, except

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

  3  access ramps, gazebos, and coastal or shore protection

  4  structures, shall be located a sufficient distance landward of

  5  the beach to permit natural shoreline fluctuations and to

  6  preserve dune stability.

  7         (4)(5)  APPLICATION TO COASTAL BARRIER ISLANDS.--All

  8  building requirements of this part which are applicable to the

  9  coastal building zone shall also apply to coastal barrier

10  islands.  The coastal building zone on coastal barrier islands

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

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

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

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

15  coastal construction control line has not been established

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

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

18  boundary line fronting upon the Gulf of Mexico, Atlantic

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

20  the Florida Keys located within Monroe County shall be

21  included in the coastal building zone.  The coastal building

22  zone on any coastal barrier island between Sebastian Inlet and

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

24  Land and Water Adjudicatory Commission, if it determines that

25  the local government with jurisdiction has provided adequate

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

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

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

29  line.  In determining whether the local government with

30  jurisdiction has provided adequate protection, the Land and

31  Water Adjudicatory Commission shall determine that the local


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  government has adopted the 1986 Standard Building Code for the

  2  entire barrier island.  The Land and Water Adjudicatory

  3  Commission shall withdraw its approval for a reduced coastal

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

  5  government comprehensive plan is due for submission to the

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

  7  government with jurisdiction has not adopted a coastal

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

  9         (5)(6)  PUBLIC ACCESS.--Where the public has

10  established an accessway through private lands to lands

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

12  prescriptive easement, or any other legal means, development

13  or construction shall not interfere with such right of public

14  access unless a comparable alternative accessway is provided.

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

16  relocate such public accessways so long as the accessways

17  provided by the developer are:

18         (a)  Of substantially similar quality and convenience

19  to the public;

20         (b)  Approved by the local government;

21         (c)  Approved by the department whenever improvements

22  are involved seaward of the coastal construction control line;

23  and

24         (d)  Consistent with the coastal management element of

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

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

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

28  Laws of Florida, is amended to read:

29         161.56  Establishment of local enforcement.--

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

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  territorial boundaries shall enforce the requirements of the

  3  code established in s. 161.55.

  4         (2)  Each local government shall provide evidence to

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

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

  7  1, 1987, the state land planning agency shall submit to the

  8  Administration Commission a list of those local governments

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

10  issue before the Administration Commission shall be whether or

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

12         (1)(3)  Nothing in ss. 161.52-161.58 shall be construed

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

14  require permits or to adopt and enforce standards pursuant to

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

16  coastal construction control line that are as restrictive as,

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

18  161.55 or the rights or powers of local governments to enact

19  and enforce setback requirements or zoning or building codes

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

21  requirements provided in s. 161.55.

22         (2)(4)  To assist local governments in the

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

24  planning agency shall develop and maintain a biennial coastal

25  building zone construction training program for the local

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

27  land planning agency shall provide an initial training program

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

29  basis shall provide a continuing education program beginning

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

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

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

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

  4  manual which contains, as determined appropriate by the state

  5  land planning agency, methods, materials, connections,

  6  applicability, and other associated information for use by the

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

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

  9  Florida Statutes, is amended to read:

10         235.26  State Uniform Building Code for Public

11  Educational Facilities Construction.--

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

13  Commissioner of Education shall adopt a uniform statewide

14  building code for the planning and construction of public

15  educational and ancillary plants by district school boards and

16  community college district boards of trustees shall be adopted

17  by the Florida Building Commission within the Florida Building

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

19  State Uniform Building Code for Public Educational Facilities

20  Construction. Included in this code must be flood plain

21  management criteria in compliance with the rules and

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

23  revisions thereto which are adopted by the Federal Emergency

24  Management Agency. It is also the responsibility of the

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

26  standards relating to:

27         (a)  Prefabricated facilities, factory-built

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

29  portable, relocatable, demountable, or reconstructible; are

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

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


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  boards to contract with the Department of Community Affairs

  2  for factory inspections by certified building code inspectors

  3  to certify conformance with applicable law and rules. The

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

  5  relocatable facilities intended for long-term use as classroom

  6  space.

  7         (b)  The sanitation of educational and ancillary plants

  8  and the health of occupants of educational and ancillary

  9  plants.

10         (c)  The safety of occupants of educational and

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

12  firesafety criteria shall be established by the State Fire

13  Marshal in cooperation with the Florida Building Commission

14  and the department, and such firesafety requirements must be

15  incorporated into the Florida Fire Prevention Code and the

16  Florida Building Code, as appropriate.

17         (d)  Accessibility for children, notwithstanding the

18  provisions of s. 553.512.

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

20  alternative architectural and engineering designs to evaluate

21  their energy efficiencies.

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

23  sum of:

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

25  the building which are required to maintain illumination,

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

27  other energy-consuming equipment in a facility; and

28         b.  The reasonable costs of probable maintenance,

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

30

31


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  department shall develop standards that must include, but need

  3  not be limited to:

  4         a.  The orientation and integration of the facility

  5  with respect to its physical site.

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

  7  facility and the directions of exposure.

  8         c.  The effect of insulation incorporated into the

  9  facility design and the effect on solar utilization of the

10  properties of external surfaces.

11         d.  The variable occupancy and operating conditions of

12  the facility and subportions of the facility.

13         e.  An energy-consumption analysis of the major

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

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

16  major energy-consuming equipment and systems as appropriate.

17         3.  Life-cycle cost criteria published by the

18  Department of Education for use in evaluating projects.

19         4.  Standards for construction materials and systems

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

21  maintenance costs, custodial costs, operating costs, and life

22  expectancy. The standards may include multiple acceptable

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

24  district school boards to comply with these standards when

25  expending funds from the Public Education Capital Outlay and

26  Debt Service Trust Fund or the School District and Community

27  College District Capital Outlay and Debt Service Trust Fund

28  and to prohibit district school boards from expending local

29  capital outlay revenues for any project that includes

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

31  unless the district school board submits evidence that


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  alternative materials or systems meet or exceed standards

  2  developed by the department. Wherever the words "Uniform

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

  4  Code for Public Educational Facilities Construction."

  5

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

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

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

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

10  as to afford reasonable protection for the public safety,

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

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

13  finds desirable in recommending to the Florida Building

14  Commission revisions to revising the code.

15         (2)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

16  FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

17         (1)  UNIFORM BUILDING CODE.--

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

19  public educational and ancillary plants constructed by a

20  district school board or a community college district board of

21  trustees must conform to the Florida State Uniform Building

22  Code and the Florida Fire Prevention Code for Public

23  Educational Facilities Construction, and such plants are

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

25  municipal, or other local amendments to the Florida Building

26  Code and local amendments to the Florida Fire Prevention Code;

27  building codes, interpretations, building permits, and

28  assessments of fees for building permits, except as provided

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

30  service availability fees. Any inspection by local or state

31  government must be based on the Florida Uniform Building Code


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  Each board shall provide for periodic inspection of the

  3  proposed educational plant during each phase of construction

  4  to determine compliance with the state requirements for

  5  educational facilities Uniform Building Code.

  6         (b)  A district school board or community college

  7  district board of trustees may conform with the Florida

  8  Building Code and the Florida Fire Prevention Code local

  9  building codes and the administration of such codes when

10  constructing ancillary plants that are not attached to

11  educational facilities, if those plants conform to the space

12  size requirements established in the codes Uniform Building

13  code.

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

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

16  college district board of trustees may not approve any plans

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

18  any educational or ancillary plants unless these plans conform

19  to the requirements of the Florida Uniform Building Code and

20  the Florida Fire Prevention Code. Each district school board

21  and community college district board of trustees may adopt

22  policies for delegating to the superintendent or community

23  college president authority for submitting documents to the

24  department and for awarding contracts subsequent to and

25  consistent with board approval of the scope, timeframes,

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

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

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

29         (a)  Prefabricated facilities, factory-built

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

31  portable, relocatable, demountable, or reconstructible; are


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    CS for CS for SB's 4 & 380                     First Engrossed



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

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

  3  boards to contract with the Department of Community Affairs

  4  for factory inspections by certified Uniform Building Code

  5  inspectors to certify conformance with law and with rules of

  6  the Commissioner of Education. The standards must comply with

  7  the requirements of s. 235.061 for relocatable facilities

  8  intended for long-term use as classroom space.

  9         (b)  The sanitation of educational and ancillary plants

10  and the health of occupants of educational and ancillary

11  plants.

12         (c)  The safety of occupants of educational and

13  ancillary plants as provided in s. 235.06.

14         (d)  The physically handicapped.

15         (e)  Accessibility for children, notwithstanding the

16  provisions of s. 553.512.

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

18  alternative architectural and engineering designs to evaluate

19  their energy efficiencies.

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

21  sum of:

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

23  the building that are required to maintain illumination, water

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

25  energy-consuming equipment in a facility; and

26         b.  The reasonable costs of probable maintenance,

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

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

29  department shall develop standards that must include, but need

30  not be limited to:

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         a.  The orientation and integration of the facility

  2  with respect to its physical site.

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

  4  facility and the directions of exposure.

  5         c.  The effect of insulation incorporated into the

  6  facility design and the effect on solar utilization of the

  7  properties of external surfaces.

  8         d.  The variable occupancy and operating conditions of

  9  the facility and subportions of the facility.

10         e.  An energy consumption analysis of the major

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

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

13  major energy-consuming equipment and systems as appropriate.

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

15  available methods of analysis, including such methods as those

16  of the National Institute of Standards and Technology, the

17  Department of Housing and Urban Development, and other federal

18  agencies and professional societies and materials developed by

19  the Department of Management Services and the department.

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

21  required.

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

23  life-cycle cost criteria in the State Requirements for

24  Educational Facilities for use in evaluating projects.

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

26  standards for construction materials and systems based on

27  life-cycle costs that consider initial costs, maintenance

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

29  The standards may include multiple acceptable materials. It is

30  the intent of the Legislature to require district school

31  boards to conform with these standards when expending funds


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  from the Public Education Capital Outlay and Debt Service

  2  Trust Fund or the School District and Community College

  3  District Capital Outlay and Debt Service Trust Fund and to

  4  prohibit district school boards from expending local capital

  5  outlay revenues for any project that includes materials or

  6  systems that do not comply with these standards unless the

  7  district school board submits evidence that alternative

  8  materials or systems meet or exceed standards developed by the

  9  department.

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

11  each district school board and community college district

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

13  ancillary plants meet the standards of the Florida Uniform

14  Building Code and the Florida Fire Prevention Code and to

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

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

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

18  employ a chief building official or inspector and such other

19  inspectors, who have been certified by the department or

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

21  necessary to administer and enforce the provisions of this

22  code. Boards may also utilize local building department

23  inspectors who are certified by the department to enforce this

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

25  the Florida Uniform Building Code or the Florida Fire

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

27  constructing an educational, auxiliary, or ancillary facility,

28  a district school board must use construction materials and

29  systems that meet standards adopted pursuant to subparagraph

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

31  deviates from the adopted standards, the district school board


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  constructing the facility with the proposed deviations and in

  3  compliance with the adopted standards and the Florida Uniform

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

  5  proposed deviations and compare how the total construction

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

  7  component system of the facility would be affected by

  8  implementing the proposed deviations rather than using

  9  materials and systems that meet the adopted standards. The

10  provisions of this subsection do apply to educational,

11  auxiliary, and ancillary facility projects commenced on or

12  after July 1, 1999.

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

14  ensuring that all educational and ancillary facilities

15  hereafter constructed or materially altered or added to

16  conform to the Florida Uniform Building Code standards or

17  Florida Fire Prevention Code standards, each district school

18  board and community college district board of trustees that

19  undertakes the construction, renovation, remodeling,

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

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

22  submit plans to the department for approval.

23         (5)  APPROVAL.--

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

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

26  authorized review agent must approve the phase III

27  construction documents. A board may reuse prototype plans on

28  another site, provided the facilities list and phase III

29  construction documents have been updated for the new site and

30  for compliance with the Florida Uniform Building Code and the

31  Florida Fire Prevention Code and any laws relating to


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  1  firesafety, health and sanitation, casualty safety, and

  2  requirements for the physically handicapped which are in

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

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

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

  6  shall take into consideration:

  7         1.  The need for the new facility.

  8         2.  The educational and ancillary plant planning.

  9         3.  The architectural and engineering planning.

10         4.  The location on the site.

11         5.  Plans for future expansion.

12         6.  The type of construction.

13         7.  Sanitary provisions.

14         8.  Conformity to Florida Uniform Building Code

15  standards.

16         9.  The structural design and strength of materials

17  proposed to be used.

18         10.  The mechanical design of any heating,

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

20  heating, ventilating, and air-conditioning systems preapproved

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

22  design of educational facilities.

23         11.  The electrical design of educational plants.

24         12.  The energy efficiency and conservation of the

25  design.

26         13.  Life-cycle cost considerations.

27         14.  The design to accommodate physically handicapped

28  persons.

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

30         16.  The proposed construction cost per gross square

31  foot.


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  1         17.  Conformity with the Florida Fire Prevention Code.

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

  3  project has been inspected to verify compliance with statutes,

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

  5  occupants. Verification of compliance with rules, statutes,

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

  7  site improvements, or replacement of equipment may be

  8  certified by the architect or engineer of record and

  9  verification of compliance for other projects may be made by

10  an inspector certified by the department or certified pursuant

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

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

13  and permanent archive of phase III construction documents,

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

15  boards shall provide project data to the department, as

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

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

18  shall cooperate with the Florida Building Commission in

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

20  interpretations involving the provisions of the Florida

21  Uniform Building Code which govern the construction of public

22  educational and ancillary facilities, and any objections to

23  decisions made by the inspectors or the department must be

24  submitted in writing.

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

26  department shall biennially review and recommend to the

27  Florida Building Commission updates and revisions to the

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

29  Building Code which govern the construction of public

30  educational and ancillary facilities. The department shall

31  publish and make available to each district school board and


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  1  community college district board of trustees at no cost copies

  2  of the state requirements for educational facilities code and

  3  each amendment and revision thereto. The department shall make

  4  additional copies available to all interested persons at a

  5  price sufficient to recover costs.

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

  7  Code for Public Educational Facilities Construction has the

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

  9  by a district school board or community college district board

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

11  construction of educational and ancillary plants whether at

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

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

14  local application are hereby repealed to the extent that they

15  conflict with this section.

16         (8)(9)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

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

18  with boards and county and state emergency management offices,

19  include within the standards to be developed under subsection

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

21  Educational Facilities Construction to incorporate public

22  shelter design criteria that shall be incorporated into the

23  Florida Uniform Building Code. The new criteria must be

24  designed to ensure that appropriate core facility areas in new

25  educational facilities can serve as public shelters for

26  emergency management purposes.  The Commissioner of Education

27  shall publish proposed amendments to the State Uniform

28  Building Code for Public Educational Facilities Construction

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

30  facility, or an appropriate core facility area within a

31  facility, for which a design contract is entered into


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  1  subsequent to the effective date of the inclusion of the

  2  public shelter criteria in the code must be built in

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

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

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

  6  board with the concurrence of the applicable local emergency

  7  management agency or the Department of Community Affairs.  Any

  8  educational facility located or proposed to be located in an

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

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

11  educational facility is being constructed within any 3-mile

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

13  the basis of cost-effectiveness and greatest provision of

14  shelter space, is required to incorporate the public shelter

15  criteria into its construction.

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

17  even-numbered year thereafter, the Department of Community

18  Affairs shall prepare and submit a statewide emergency shelter

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

20  must identify the general location and square footage of

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

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

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

24  which should be constructed to comply with emergency shelter

25  criteria and must recommend an appropriate, adequate, and

26  dedicated source of funding for the additional cost of

27  constructing emergency shelters within these public

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

29  required to build more emergency shelter space than identified

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

31


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

  2  this subsection.

  3         (9)(10)  LOCAL LEGISLATION PROHIBITED.--After June 30,

  4  1985, pursuant to s. 11(a)(21), Art. III of the State

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

  6  general law of local application which proposes to amend,

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

  8  adopted under the authority of this section.

  9         Section 11.  Section 240.2945, Florida Statutes, is

10  created to read:

11         240.2945  Building construction standards;

12  exemptions.--The state universities are exempt from local

13  amendments to the Florida Building Code and the Fire

14  Prevention Code.

15         Section 12.  Effective January 1, 2001, subsection (2)

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

17         253.033  Inter-American Center property; transfer to

18  board; continued use for government purposes.--

19         (2)  It is hereby recognized that certain governmental

20  entities have expended substantial public funds in acquiring,

21  planning for, or constructing public facilities for the

22  purpose of carrying out or undertaking governmental functions

23  on property formerly under the jurisdiction of the authority.

24  All property owned or controlled by any governmental entity

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

26  amendments thereto and from local building and zoning

27  regulations which might otherwise be applicable in the absence

28  of this section in carrying out or undertaking any such

29  governmental function and purpose.

30

31


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  1         Section 13.  Effective January 1, 2001, paragraph (a)

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

  3  amended to read:

  4         255.25  Approval required prior to construction or

  5  lease of buildings.--

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

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

  8  constructed for state use unless prior approval of the

  9  architectural design and preliminary construction plans is

10  first obtained from the Department of Management Services.

11         Section 14.  Effective January 1, 2001, subsections (1)

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

13  read:

14         255.31  Authority to the Department of Management

15  Services to manage construction projects for state and local

16  governments.--

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

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

19  buildings is governed by the Florida Building Code and the

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

21  local jurisdictions or local enforcement districts unless

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

23  Department of Management Services shall provide the project

24  management and administration services for the construction,

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

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

27  improvements for projects for which the funds are appropriated

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

29  facilities constructed under the authority of chapters 944,

30  945, and 985, the department may not conduct plans reviews or

31  inspection services for consistency with the Florida Building


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

  2  from such appropriations.

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

  4  request, enter into contracts with other state agencies under

  5  which the department may provide the project management,

  6  administration services, or assistance 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 other state agencies, provided that the department does not

11  conduct plans reviews or inspection services for consistency

12  with the Florida Building Code. The contracts shall provide

13  for payment of fees to the department.

14         Section 15.  Section 316.1955, Florida Statutes, is

15  amended to read:

16         316.1955  Enforcement of parking requirements spaces

17  for persons who have disabilities.--

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

19  the defenses available to a place of public accommodation

20  under the Americans with Disabilities Act and the federal

21  Americans with Disabilities Act Accessibility Guidelines,

22  including, but not limited to, the readily achievable

23  standard, and the standards applicable to alterations to

24  places of public accommodation. Subject to the exceptions

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

26  parking and loading zone requirements of the federal Americans

27  with Disabilities Act Accessibility Guidelines (ADAAG), as

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

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

30  accessibility, those requirements are adopted and incorporated

31  by reference as the law of this state.


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  1         (2)  State agencies and political subdivisions having

  2  jurisdiction over street parking or publicly owned or operated

  3  parking facilities are not required to provide a greater

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

  5  regulations, guidelines, or practices normally applied to new

  6  development.

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

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

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

10  designed and marked for the exclusive use of those individuals

11  who have a severe physical disability and have permanent or

12  temporary mobility problems that substantially impair their

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

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

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

16  320.0845.

17         (4)  The number of accessible parking spaces must

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

19  following:

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

21  immediate vicinity of a publicly owned or leased building that

22  houses a governmental entity or a political subdivision,

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

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

25  premises of the building.

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

27  each 150 metered onstreet parking spaces provided by state

28  agencies and political subdivisions.

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

30  disabilities must be increased on the basis of demonstrated

31  and documented need.


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  1         (5)  Accessible perpendicular and diagonal accessible

  2  parking spaces and loading zones must be designed and located

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

  4  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

  5  Design."

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

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

  8  compelled to walk or wheel behind parked vehicles.

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

10  accessible route from the parking space to an accessible

11  entrance. If there are multiple entrances or multiple retail

12  stores, the parking spaces must be dispersed to provide

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

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

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

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

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

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

19  safely accessible route to an accessible entrance to the theme

20  park or entertainment complex or to transportation to such an

21  accessible entrance.

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

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

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

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

26  aisles must be placed adjacent to accessible parking spaces;

27  however, two accessible parking spaces may share a common

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

29  designate it as a no-parking zone.

30         2.  The parking access aisles are reserved for the

31  temporary exclusive use of persons who have disabled parking


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  1  permits and who require extra space to deploy a mobility

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

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

  4  are subject to the same penalties that are imposed for

  5  illegally parking in parking spaces that are designated for

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

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

  8  disabled or owns a disabled parking permit.

  9         3.  Any provision of this subsection to the contrary

10  notwithstanding, a theme park or an entertainment complex as

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

12  attendant services for directing individuals to marked

13  accessible parking spaces or designated lots for parking by

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

15  parking space design, provide parking spaces that comply with

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

17  Accessibility Guidelines.

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

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

20  entrances. Such spaces must be designed in conformance with

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

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

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

24  the opening and closing of motor vehicle doors. This

25  subsection does not relieve the owner of the responsibility to

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

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

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

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

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

31  parking spaces and access aisles.


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

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

  3  with s. 553.508 must comply with this section unless

  4  compliance would cause the barrier removal not to be readily

  5  achievable.  If compliance would cause the barrier removal not

  6  to be readily achievable, a facility may provide parking

  7  spaces at alternative locations for persons who have

  8  disabilities and provide appropriate signage directing persons

  9  who have disabilities to the alternative parking if readily

10  achievable.  The facility may not reduce the required number

11  or dimensions of those spaces, nor may it unreasonably

12  increase the length of the accessible route from a parking

13  space to the facility.  The removal of an architectural

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

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

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

17  553.507(2)(b) must comply with this section to the maximum

18  extent feasible.  If compliance with parking location

19  requirements is not feasible, the facility may provide parking

20  spaces at alternative locations for persons who have

21  disabilities and provide appropriate signage directing persons

22  who have a disability to alternative parking.  The facility

23  may not reduce the required number or dimensions of those

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

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

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

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

28         (6)  Each such parking space must be prominently

29  outlined with blue paint, and must be repainted when

30  necessary, to be clearly distinguishable as a parking space

31  designated for persons who have disabilities and must be


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  approved by the Department of Transportation, which is placed

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

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

  5  accessibility meeting the requirements of ADAAG s. 4.30.7 and

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

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

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

  9  contrary notwithstanding, in a theme park or an entertainment

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

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

12  indicating the lot as reserved for accessible parking may be

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

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

15  the responsibility of complying with the signage requirements

16  of ADAAG s. 4.30.

17         (1)(7)  It is unlawful for any person to stop, stand,

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

19  designated and marked parking space provided in accordance

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

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

22  320.0848 or a license plate issued under s. 320.084, s.

23  320.0842, s. 320.0843, or s. 320.0845, and the vehicle is

24  transporting the person to whom the displayed permit is

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

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

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

28  distinguishable as a designated accessible parking space for

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

30  unlawfully parking in a space designated for persons with

31


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  553.5041 subsection (6).

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

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

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

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

  7  to any lawful parking space or facility or require the

  8  operator or other person in charge of the vehicle immediately

  9  to remove the unauthorized vehicle from the parking space.

10  Whenever any vehicle is removed under this section to a

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

12  the removal and parking constitutes a lien against the

13  vehicle.

14         (b)  The officer or specialist shall charge the

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

16  with a noncriminal traffic infraction, punishable as provided

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

18         (c)  All convictions for violations of this section

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

20  Vehicles by the clerk of the court.

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

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

23  disabled parking permit and driver's license or state

24  identification card when investigating the possibility of a

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

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

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

28         (2)(8)  It is unlawful for any person to obstruct the

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

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

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


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

  2  designated as an accessible parking space for persons who have

  3  disabilities.

  4         (3)(9)  Any person who is chauffeuring a person who has

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

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

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

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

  9  upon the driver for such temporary standing.

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

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

12  320.0848(1)(a) may be parked for a maximum of 30 minutes in

13  any parking space reserved for persons who have disabilities.

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

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

16  provides parking in designated areas for persons who have

17  disabilities may allow any vehicle that is transporting a

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

19  reserved for persons who have disabilities throughout the

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

21         Section 16.  Subsection (15) of section 381.006,

22  Florida Statutes, is amended to read:

23         381.006  Environmental health.--The department shall

24  conduct an environmental health program as part of fulfilling

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

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

27  factors in the environment.  The environmental health program

28  shall include, but not be limited to:

29         (15)  A sanitary facilities function, which shall

30  include minimum standards for the maintenance and sanitation

31  of sanitary facilities; public access to sanitary facilities;


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  fixtures in places serving the public and places of

  3  employment; and fixture ratios for special or temporary events

  4  and for homeless shelters.

  5         Section 17.  Effective January 1, 2001, section

  6  383.301, Florida Statutes, is amended to read:

  7         383.301  Licensure and regulation of birth centers;

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

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

10  establishment, construction, maintenance, and operation of

11  birth centers by providing for licensure of birth centers and

12  for the development, establishment, and enforcement of minimum

13  standards with respect to birth centers.

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

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

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

17         383.309  Minimum standards for birth centers; rules and

18  enforcement.--

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

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

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

22  ensuring that:

23         (a)  Sufficient numbers and qualified types of

24  personnel and occupational disciplines are available at all

25  times to provide necessary and adequate patient care and

26  safety.

27         (b)  Infection control, housekeeping, sanitary

28  conditions, disaster plan, and medical record procedures that

29  will adequately protect patient care and provide safety are

30  established and implemented.

31


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  of licensed facilities are governed by rules of the agency

  3  which use the most recently adopted, nationally recognized

  4  codes wherever feasible.  Facilities licensed under s. 383.305

  5  are exempt from local construction standards to the extent

  6  that those standards are in conflict with the standards

  7  adopted by rule of the agency.

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

  9  and operated consistent with established programmatic

10  standards.

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

12  the design, construction, erection, alteration, modification,

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

14  the Legislature to preempt that function to the Florida

15  Building Commission and the State Fire Marshal through

16  adoption and maintenance of the Florida Building Code and the

17  Florida Fire Prevention Code. However, the agency shall

18  provide technical assistance to the commission and the State

19  Fire Marshal in updating the construction standards of the

20  Florida Building Code and the Florida Fire Prevention Code

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

22  enforce the special-occupancy provisions of the Florida

23  Building Code and the Florida Fire Prevention Code which apply

24  to birth centers in conducting any inspection authorized under

25  this chapter.

26         Section 19.  Effective January 1, 2001, paragraph (f)

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

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

29         394.879  Rules; enforcement.--

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

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


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

  2  minimum, rules providing standards to ensure that:

  3         (f)  Facility construction and design requirements are

  4  consistent with the patients' conditions and that The

  5  operation and purposes of these facilities assure individuals'

  6  health, safety, and welfare.

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

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

  9  modification, repair, or demolition of crisis stabilization

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

11  function to the Florida Building Commission and the State Fire

12  Marshal through adoption and maintenance of the Florida

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

14  the agency shall provide technical assistance to the

15  commission and the State Fire Marshal in updating the

16  construction standards of the Florida Building Code and the

17  Florida Fire Prevention Code which govern crisis stabilization

18  units. In addition, the agency may enforce the

19  special-occupancy provisions of the Florida Building Code and

20  the Florida Fire Prevention Code which apply to crisis

21  stabilization units in conducting any inspection authorized

22  under this part.

23         Section 20.  Paragraph (a) of subsection (1) of section

24  395.0163, Florida Statutes, is amended to read:

25         395.0163  Construction inspections; plan submission and

26  approval; fees.--

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

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

29  health care facilities are governed by the Florida Building

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

31  663.022. In addition to the requirements of ss. 553.79 and


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  1  553.80, the agency shall review facility plans and survey the

  2  construction of any facility licensed under this chapter. The

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

  4  inspections and investigations as it deems necessary. The

  5  agency may prescribe by rule that any licensee or applicant

  6  desiring to make specified types of alterations or additions

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

  8  commencing such alteration, addition, or new construction,

  9  submit plans and specifications therefor to the agency for

10  preliminary inspection and approval or recommendation with

11  respect to compliance with applicable provisions of the

12  Florida Building Code or agency rules and standards.  The

13  agency shall approve or disapprove the plans and

14  specifications within 60 days after receipt of the fee for

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

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

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

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

19  have approved the plans and specifications.  When the agency

20  disapproves plans and specifications, it shall set forth in

21  writing the reasons for its disapproval. Conferences and

22  consultations may be provided as necessary.

23         Section 21.  Effective January 1, 2001, paragraphs (d)

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

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

26  section, to read:

27         395.1055  Rules and enforcement.--

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

29  design, construction, erection, alteration, modification,

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

31  intermediate residential treatment facility, or ambulatory


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

  2  preempt that function to the Florida Building Commission and

  3  the State Fire Marshal through adoption and maintenance of the

  4  Florida Building Code and the Florida Fire Prevention Code.

  5  However, the agency shall provide technical assistance to the

  6  commission and the State Fire Marshal in updating the

  7  construction standards of the Florida Building Code and the

  8  Florida Fire Prevention Code which govern hospitals,

  9  intermediate residential treatment facilities, and ambulatory

10  surgical centers.

11         Section 22.  Subsection (8) is added to section

12  395.10973, Florida Statutes, to read:

13         395.10973  Powers and duties of the agency.--It is the

14  function of the agency to:

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

16  Florida Building Code which apply to hospitals, intermediate

17  residential treatment facilities, and ambulatory surgical

18  centers in conducting any inspection authorized by this

19  chapter.

20         Section 23.  Effective January 1, 2001, section 399.02,

21  Florida Statutes, is amended to read:

22         399.02  General requirements.--

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

24  Florida Building Commission for consideration adopt by rule an

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

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

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

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

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

30  Elevators and Escalators ASME A17.1."

31


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

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

  3         (b)  The equipment not covered by this chapter

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

  5  inclined stairway chairlifts, and inclined or vertical

  6  wheelchair lifts located in private residences; elevators in

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

  8  pump station lifts; automobile parking lifts; and equipment

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

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

11  Safety Code as authorized by the Elevator Safety Code.

12         (3)(4)  Each elevator shall have a serial number

13  assigned by the division painted on or attached to the

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

15  This serial number shall be shown on all required certificates

16  and permits.

17         (4)(5)(a)  The construction permitholder is responsible

18  for the correction of violations and deficiencies until the

19  elevator has been inspected and a certificate of operation has

20  been issued by the division.  The construction permitholder is

21  responsible for all tests of new and altered equipment until

22  the elevator has been inspected and a certificate of operation

23  has been issued by the division.

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

25  operation and proper maintenance of the elevator after it has

26  been inspected and a certificate of operation has been issued

27  by the division.  The responsibilities of the elevator owner

28  may be assigned by lease.

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

30  days before the expiration of the certificate of operation

31  whether there exists a service maintenance contract, with whom


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  1  the contract exists, and the details concerning the provisions

  2  and implementation of the contract which the division

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

  4  whom the contract exists confidential pursuant to the public

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

  6  contract report must be made on forms supplied by the

  7  division.  The elevator owner must report any material change

  8  in the service maintenance contract no fewer than 30 days

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

10  determine whether the provisions of the service maintenance

11  contract and its implementation ensure the safe operation of

12  the elevator.

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

14  file with the division a certificate of comprehensive general

15  liability insurance evidencing coverage limits in the minimum

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

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

18  certificate of competency issued under s. 399.045.

19         (5)(6)  The division is hereby empowered to carry out

20  all of the provisions of this chapter relating to the

21  inspection and regulation of elevators and to enforce the

22  provisions of the Florida Building Code which govern elevators

23  and conveying systems in conducting the inspections authorized

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

25  health, welfare, and safety.

26         (6)  The division shall annually review the provisions

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

28  other related model codes and amendments thereto, and

29  recommend to the Florida Building Commission revisions to the

30  Florida Building Code to maintain the protection of the public

31  health, safety, and welfare.


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  1         Section 24.  Effective January 1, 2001, section 399.03,

  2  Florida Statutes, is amended to read:

  3         399.03  Design, installation, and alteration of

  4  elevators.--

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

  6  Florida Building Elevator Safety Code that was in effect at

  7  the time of receipt of application for the construction permit

  8  for the elevator.

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

10  shall comply with the edition of the Florida Building Elevator

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

12  application for the construction permit for the alteration or

13  relocation.

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

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

16  requirements of the version of the Florida Building Elevator

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

18  application for the construction permit for the change in

19  classification.

20         Section 25.  Subsection (1) of section 399.061, Florida

21  Statutes, is amended to read:

22         399.061  Inspections; correction of deficiencies.--

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

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

25  inspection service certified as a Qualified Elevator Inspector

26  or maintained pursuant to a service maintenance contract

27  continuously in force. A statement verifying the existence,

28  performance, and cancellation of each service maintenance

29  contract must be filed annually with the division as

30  prescribed by rule. All elevators for which a service

31  maintenance contract is not continuously in force, the


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  1  division shall inspect such elevators at least once between

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

  3  fiscal year.

  4         (b)  When a service maintenance contract is

  5  continuously maintained with an elevator company, the division

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

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

  8  implemented.  An elevator covered by such a service

  9  maintenance contract shall be inspected by a

10  certificate-of-competency holder state elevator inspector at

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

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

13  two adjacent floors and is covered by a service maintenance

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

15  service contract remains in effect.

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

17  necessary to ensure its safe operation.

18         Section 26.  Effective January 1, 2001, subsection (1)

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

20         399.13  Delegation of authority to municipalities or

21  counties.--

22         (1)  The division may enter into contracts with

23  municipalities or counties under which such municipalities or

24  counties will issue construction permits, temporary operation

25  permits, and certificates of operation; will provide

26  inspection of elevators; and will enforce the applicable

27  provisions of the Florida Building Elevator Safety Code, as

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

29  provision that the municipality or county shall maintain for

30  inspection by the division copies of all applications for

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


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  1  proper records showing the number of certificates of operation

  2  issued; shall include a provision that each required

  3  inspection be conducted by the holder of a certificate of

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

  5  provisions as the division deems necessary.

  6         Section 27.  Effective January 1, 2001, section

  7  400.011, Florida Statutes, is amended to read:

  8         400.011  Purpose.--The purpose of this part is to

  9  provide for the development, establishment, and enforcement of

10  basic standards for:

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

12  nursing homes and related health care facilities; and

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

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

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

16  facilities.

17         Section 28.  Effective January 1, 2001, paragraph (a)

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

19  amended to read:

20         400.23  Rules; evaluation and deficiencies; licensure

21  status.--

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

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

24  Department of Elderly Affairs, shall adopt and enforce rules

25  to implement this part, which shall include reasonable and

26  fair criteria in relation to:

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

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

29  lighting, ventilation, and other housing conditions that which

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

31  including an adequate call system.  The agency shall establish


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  1  standards for facilities and equipment to increase the extent

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

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

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

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

  6  during and immediately following disasters.  The agency shall

  7  work with facilities licensed under this part and report to

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

  9  recommendations for cost-effective renovation standards to be

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

11  agency shall be guided by criteria recommended by nationally

12  recognized reputable professional groups and associations with

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

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

15  must comply with those lifesafety code requirements and

16  building code standards applicable at the time of approval of

17  their construction plans. The agency may require alterations

18  to a building if it determines that an existing condition

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

20  performing any inspections of facilities authorized by this

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

22  of the Florida Building Code and the Florida Fire Prevention

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

24  provide assistance to the Florida Building Commission in

25  updating the construction standards of the code relative to

26  nursing homes. The agency shall adopt fair and reasonable

27  rules setting forth conditions under which existing facilities

28  undergoing additions, alterations, conversions, renovations,

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

30  updated or revised standards.

31


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  1         Section 29.  Effective January 1, 2001, section

  2  400.232, Florida Statutes, is amended to read:

  3         400.232  Review and approval of plans; fees and

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

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

  6  health care facilities are governed by the Florida Building

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

  8  633.022. In addition to the requirements of ss. 553.79 and

  9  553.80, the agency shall review the facility plans and survey

10  the construction of facilities licensed under this chapter.

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

12  and specifications within 60 days after receipt of the final

13  plans and specifications.  The agency may be granted one

14  15-day extension for the review period, if the director of the

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

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

17  and specifications. When the agency disapproves plans and

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

19  disapproval. Conferences and consultations may be provided as

20  necessary.

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

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

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

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

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

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

27  review through the initial revised construction document

28  review.  The agency is further authorized to collect its

29  actual costs on all subsequent portions of the review and

30  construction inspections.  Initial fee payment shall accompany

31  the initial submission of plans and specifications.  Any


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

  2  invoice from the agency. Notwithstanding any other provisions

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

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

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

  6  operations required under this section.

  7         Section 30.  Section 455.2286, Florida Statutes, is

  8  amended to read:

  9         455.2286  Automated information system.--By November 1,

10  2001 1999, the department shall implement an automated

11  information system for all certificateholders and registrants

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

13  chapter 489.  The system shall provide instant notification to

14  local building departments and other interested parties

15  regarding the status of the certification or registration.

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

17  of an indication of whether the certification or registration

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

19  final action by a licensing authority, of any ongoing

20  disciplinary cases that are subject to public disclosure,

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

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

23  shall also retain information developed by the department and

24  local governments on individuals found to be practicing or

25  contracting without holding the applicable license,

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

27  be Internet-based.

28         Section 31.  Effective January 1, 2001, section

29  468.604, Florida Statutes, is amended to read:

30         468.604  Responsibilities of building code

31  administrators, plans examiners, and inspectors.--


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

  2  administrator or building official to administrate, supervise,

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

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

  5  structures and the installation of building systems within the

  6  boundaries of their governmental jurisdiction, when permitting

  7  is required, to ensure compliance with the Florida Building

  8  Code and any applicable local technical amendment to the

  9  Florida Building Code building, plumbing, mechanical,

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

11  other construction codes which are required or adopted by

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

13  code administrator or building official shall faithfully

14  perform these responsibilities without interference from any

15  person. These responsibilities include:

16         (a)  The review of construction plans to ensure

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

18  construction plans must be reviewed before the issuance of any

19  building, system installation, or other construction permit.

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

21  code administrator or building official or by a person having

22  the appropriate plans examiner license issued under this

23  chapter.

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

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

26  building code administrator or building official, or a person

27  having the appropriate building code inspector license issued

28  under this chapter, shall inspect the construction or

29  installation to ensure that the work is performed in

30  accordance with applicable sections of the code codes.

31


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

  2  inspector to conduct inspections of construction, alteration,

  3  repair, remodeling, or demolition of structures and the

  4  installation of building systems, when permitting is required,

  5  to ensure compliance with the Florida Building Code and any

  6  applicable local technical amendment to the Florida Building

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

  8  energy conservation, accessibility, and other construction

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

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

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

12  code inspector's responsibilities must be performed under the

13  direction of the building code administrator or building

14  official without interference from any unlicensed person.

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

16  conduct review of construction plans submitted in the permit

17  application to assure compliance with the Florida Building

18  Code and any applicable local technical amendment to the

19  Florida Building Code all applicable codes required by

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

21  construction plans must be done by the building code

22  administrator or building official or by a person licensed in

23  the appropriate plans examiner category as defined in s.

24  468.603. The plans examiner's responsibilities must be

25  performed under the supervision and authority of the building

26  code administrator or building official without interference

27  from any unlicensed person.

28         Section 32.  Section 468.607, Florida Statutes, is

29  amended to read:

30         468.607  Certification of building code administration

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

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

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

  4  may be employed by a state agency or local governmental

  5  authority to perform the duties of a building code

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

  7  1993, without possessing the proper valid certificate issued

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

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

10  conducting activities authorized by certification under that

11  section is certified to continue to conduct inspections for a

12  local government until the person's UBCI certification

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

14  valid certificate issued in accordance with this part.

15         Section 33.  Subsections (2) and (3) of section

16  468.609, Florida Statutes, are amended to read:

17         468.609  Administration of this part; standards for

18  certification; additional categories of certification.--

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

20  examination for certification as an inspector or plans

21  examiner pursuant to this part if the person:

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

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

24         (c)  Meets eligibility requirements according to one of

25  the following criteria:

26         1.  Demonstrates 5 years' combined experience in the

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

28  or plans review corresponding to the certification category

29  sought;

30         2.  Demonstrates a combination of postsecondary

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


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  total being experience in construction, building inspection,

  3  or plans review;

  4         3.  Demonstrates a combination of technical education

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

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

  7  experience in construction, building inspection, or plans

  8  review; or

  9         4.  Currently holds a standard certificate as issued by

10  the board and satisfactorily completes an inspector or plans

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

12  certification category sought. The board shall establish by

13  rule criteria for the development and implementation of the

14  training programs.

15         (d)  After the Building Code Training Program is

16  established under s. 553.841, demonstrates successful

17  completion of the core curriculum and specialized or advanced

18  module coursework approved by the Florida Building Commission,

19  as part of the Building Code Training Program established

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

21  sought or, pursuant to authorization by the certifying

22  authority, provides proof of completion of such curriculum or

23  coursework within 6 months after such certification.

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

25  examination for certification as a building code administrator

26  pursuant to this part if the person:

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

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

29         (c)  Meets eligibility requirements according to one of

30  the following criteria:

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         1.  Demonstrates 10 years' combined experience as an

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

  3  registered or certified contractor, or construction

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

  5  supervisory positions; or

  6         2.  Demonstrates a combination of postsecondary

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

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

  9  an architect, engineer, plans examiner, building code

10  inspector, registered or certified contractor, or construction

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

12  such total being experience in supervisory positions.

13         (d)  After the Building Code Training Program is

14  established under s. 553.841, demonstrates successful

15  completion of the core curriculum and specialized or advanced

16  module coursework approved by the Florida Building Commission,

17  as part of the Building Code Training Program established

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

19  sought or, pursuant to authorization by the certifying

20  authority, provides proof of completion of such curriculum or

21  coursework within 6 months after such certification.

22

23  Before January 1, 2001, any individual who is employed by an

24  educational board as a building code administrator, plans

25  examiner, or inspector and who is not eligible for a standard

26  certificate but wishes to continue in such employment, shall

27  submit to the board the appropriate application and

28  certification fees and shall receive a limited certificate

29  that qualifies the individual to engage in building code

30  administration, plans examination, or inspection in the class,

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  at the performance level, and within the governmental

  2  jurisdiction in which the individual is employed.

  3         Section 34.  Section 468.617, Florida Statutes, is

  4  amended to read:

  5         468.617  Joint inspection department; other

  6  arrangements.--

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

  8  jurisdiction, school board, community college board, state

  9  university, or state agency from entering into and carrying

10  out contracts with any other local jurisdiction or educational

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

12  joint inspection department for conforming to the provisions

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

14  local jurisdiction may designate an inspector from another

15  local jurisdiction to serve as an inspector for the purposes

16  of this part.

17         (2)  Nothing in this part shall prohibit local

18  governments, school boards, community college boards, state

19  universities, or state agencies from contracting with persons

20  certified pursuant to this part to perform inspections or plan

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

22  plans on projects in which the individual or entity designed

23  or permitted the projects.

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

25  municipal government, school board, community college board,

26  state university, or state agency from entering into any

27  contract with any person or entity for the provision of

28  services regulated under this part, and notwithstanding any

29  other statutory provision, such county or municipal

30  governments may enter into contracts.

31


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  1         Section 35.  Effective January 1, 2001, paragraph (d)

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

  3  amended to read:

  4         469.002  Exemptions.--

  5         (1)  This chapter does not apply to:

  6         (d)  Moving, removal, or disposal of

  7  asbestos-containing materials on a residential building where

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

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

10  owner-builder limitations provided in this paragraph. To

11  qualify for exemption under this paragraph, an owner must

12  personally appear and sign the building permit application.

13  The permitting agency shall provide the person with a

14  disclosure statement as provided in chapter 1 of the Florida

15  Building Code. in substantially the following form:

16

17                       Disclosure Statement

18

19         State law requires asbestos abatement to be done by

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

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

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

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

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

25  dispose of asbestos-containing materials on a residential

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

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

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

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

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

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


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

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

  3  state, and federal laws and regulations which apply to

  4  asbestos abatement projects. It is your responsibility to make

  5  sure that people employed by you have licenses required by

  6  state law and by county or municipal licensing ordinances.

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

  8  471.015, Florida Statutes, to read:

  9         471.015  Licensure.--

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

11  for certification of licensees as special inspectors of

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

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

14  inspector is not required to meet standards for certification

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

16  of a threshold building may not be prohibited from selecting

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

18  The board shall develop minimum qualifications for the

19  qualified representative of the special inspector who is

20  authorized to perform inspections of threshold buildings on

21  behalf of the special inspector under s. 553.79.

22         Section 37.  Subsection (7) is added to section

23  481.213, Florida Statutes, to read:

24         481.213  Licensure.--

25         (7)  For persons whose licensure requires satisfaction

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

27  shall, by rule, establish qualifications for certification of

28  such persons as special inspectors of threshold buildings, as

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

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

31  to meet standards for certification other than those


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

  2  building may not be prohibited from selecting any person

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

  4  shall develop minimum qualifications for the qualified

  5  representative of the special inspector who is authorized

  6  under s. 553.79 to perform inspections of threshold buildings

  7  on behalf of the special inspector.

  8         Section 38.  Effective January 1, 2001, subsection (19)

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

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

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

12  prefabricated portable sheds that are not more than 250 square

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

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

15  construed to interfere with the Florida Building Code or any

16  applicable local technical amendment to the Florida Building

17  Code local building codes, local licensure requirements, or

18  other local ordinance provisions.

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

20  489.115, Florida Statutes, is amended to read:

21         489.115  Certification and registration; endorsement;

22  reciprocity; renewals; continuing education.--

23         (4)

24         (b)1.  Each certificateholder or registrant shall

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

26  that the certificateholder or registrant has completed at

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

28  continuing education courses during each biennium since the

29  issuance or renewal of the certificate or registration.  The

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

31  14 hours must deal with the subject of workers' compensation,


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

  2  rule establish criteria for the approval of continuing

  3  education courses and providers, including requirements

  4  relating to the content of courses and standards for approval

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

  6  alternative nonclassroom continuing education on an

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

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

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

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

11  to complete the full 14 hours of continuing education.

12         2.  In addition, the board may approve specialized

13  continuing education courses on compliance with the wind

14  resistance provisions for one and two family dwellings

15  contained in the State Minimum Building Codes and any

16  alternate methodologies for providing such wind resistance

17  which have been approved for use by the Florida Building

18  Commission Board of Building Codes and Standards.  Division I

19  certificateholders or registrants who demonstrate proficiency

20  upon completion of such specialized courses may certify plans

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

22  compliance with the code or alternate methodologies, as

23  appropriate, except for dwellings located in floodways or

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

25  National Flood Insurance Program.

26         3.  Each certificateholder or registrant shall provide

27  to the board proof of completion of the core curriculum

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

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

30  licensing category sought, within 2 years after commencement

31  of the program or of initial certification or registration,


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  1  whichever is later.  Classroom hours spent taking core

  2  curriculum courses shall count toward the number required for

  3  renewal of certificates or registration.  A certificateholder

  4  or registrant who passes the equivalency test in lieu of

  5  taking the core curriculum courses shall receive full credit

  6  for core curriculum course hours.

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

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

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

10  by this act, is reenacted to read:

11         489.115  Certification and registration; endorsement;

12  reciprocity; renewals; continuing education.--

13         (4)

14         (b)1.  Each certificateholder or registrant shall

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

16  that the certificateholder or registrant has completed at

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

18  continuing education courses during each biennium since the

19  issuance or renewal of the certificate or registration.  The

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

21  14 hours must deal with the subject of workers' compensation,

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

23  rule establish criteria for the approval of continuing

24  education courses and providers, including requirements

25  relating to the content of courses and standards for approval

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

27  alternative nonclassroom continuing education on an

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

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

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

31


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    CS for CS for SB's 4 & 380                     First Engrossed



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

  2  to complete the full 14 hours of continuing education.

  3         2.  In addition, the board may approve specialized

  4  continuing education courses on compliance with the wind

  5  resistance provisions for one and two family dwellings

  6  contained in the Florida Building Code and any alternate

  7  methodologies for providing such wind resistance which have

  8  been approved for use by the Florida Building Commission.

  9  Division I certificateholders or registrants who demonstrate

10  proficiency upon completion of such specialized courses may

11  certify plans and specifications for one and two family

12  dwellings to be in compliance with the code or alternate

13  methodologies, as appropriate, except for dwellings located in

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

15  E of the National Flood Insurance Program.

16         3.  Each certificateholder or registrant shall provide

17  to the board proof of completion of the core curriculum

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

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

20  licensing category sought, within 2 years after commencement

21  of the program or of initial certification or registration,

22  whichever is later.  Classroom hours spent taking core

23  curriculum courses shall count toward the number required for

24  renewal of certificates or registration.  A certificateholder

25  or registrant who passes the equivalency test in lieu of

26  taking the core curriculum courses shall receive full credit

27  for core curriculum course hours.

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

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

30  specialized or advanced module courses, approved by the

31  Florida Building Commission, on any portion of the Florida


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

  2  relating to the contractor's respective discipline.

  3         Section 41.  Section 497.255, Florida Statutes, is

  4  amended to read:

  5         497.255  Standards for construction and significant

  6  alteration or renovation of mausoleums and columbaria.--

  7         (1)  All newly constructed and significantly altered or

  8  renovated mausoleums and columbaria must, in addition to

  9  complying with applicable building codes, conform to the

10  standards adopted under this section.

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

12  1999, rules establishing minimum standards for all newly

13  constructed and significantly altered or renovated mausoleums

14  and columbaria; however, in the case of significant

15  alterations or renovations to existing structures, the rules

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

17  altered or renovated portion of such structures, except as

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

19  said rules, the board may define different classes of

20  structures or construction standards, and may provide for

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

22  designation of classes and the application of different rules

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

24  board based on evidence of industry practices, economic and

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

26  that the rules shall provide minimum standards applicable to

27  all construction.  For example, and without limiting the

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

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

30  same level of construction standards that a large multistory

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


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  1  low-lying area subject to frequent flooding or hurricane

  2  threats might require different standards than one located on

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

  4  threats.  The board shall develop the rules in cooperation

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

  6  Building Commission Codes and Standards of the Department of

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

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

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

10  Board of Building Commission Codes and Standards advises that

11  some of the standards proposed by the board are not

12  appropriate for inclusion in such building codes, the board

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

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

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

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

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

18  binding on licensees and others subject to the jurisdiction of

19  the board, but only the chapter containing provisions

20  appropriate for building codes shall be transmitted to the

21  Florida Board of Building Commission Codes and Standards

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

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

24  specifications for construction; or other mechanisms. Such

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

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

27  for use for interment, entombment, or inurnment purposes

28  unless constructed of such material and workmanship as will

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

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

31


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

  2  mausoleum construction and engineering science.

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

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

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

  6         (c)  Such structure must contain adequate provision for

  7  drainage and ventilation.

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

  9  construction. Notwithstanding the requirements of s. 553.895

10  and chapter 633, any mausoleum or columbarium constructed of

11  noncombustible materials, as defined in the Standard Building

12  Code, shall not require a sprinkler system.

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

14  other storm damage to the highest degree provided under

15  applicable building codes for buildings of that class.

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

17  permanently sealing each crypt with durable materials after

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

19  effluvia or odors may escape therefrom except as provided by

20  design and sanitary engineering standards. Panels for

21  permanent seals must be solid and constructed of materials of

22  sufficient weight, permanence, density, imperviousness, and

23  strength as to ensure their durability and continued

24  functioning. Permanent crypt sealing panels must be securely

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

26  resilient, and durable materials after the interment or

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

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

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

30  acceptable materials for such outer or exposed coverings.

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         (g)  Interior and exterior fastenings for hangers,

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

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

  4  other materials established by rule which provide equivalent

  5  or better strength and durability, and must be properly

  6  installed.

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

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

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

10  Commission Codes and Standards, which shall initiate

11  rulemaking under chapter 120 to consider such mausoleum

12  standards. If such mausoleum standards are not deemed

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

14  Building Commission Codes and Standards to the board with

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

16  mausoleum standards are acceptable, the Florida Board of

17  Building Commission Codes and Standards shall adopt a rule

18  designating the mausoleum standards as an approved revision to

19  the State Minimum Building Codes under part VII of chapter

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

21  Commission Codes and Standards, such mausoleum standards shall

22  become a required element of the State Minimum Building Codes

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

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

25  enforcement agency shall consider and inspect for compliance

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

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

28  inspect after final approval of the construction pursuant to

29  the local building code. Any further amendments to the

30  mausoleum standards shall be accomplished by the same

31  procedure. Such designated mausoleum standards, as from time


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    CS for CS for SB's 4 & 380                     First Engrossed



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

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

  3  a new statewide uniform minimum building code, which may

  4  supersede the mausoleum standards as provided by the law

  5  enacting the new statewide uniform minimum building code.

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

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

  8  interments, inurnments, and entombments in mausoleums and

  9  columbaria occurring after the effective date of such rules,

10  whether newly constructed or existing, suitable provision must

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

12  accordance with standards promulgated pursuant to paragraph

13  (2)(f).

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

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

16  repair which results in the creation of new crypt or niche

17  spaces.

18         Section 42.  Effective January 1, 2001, subsection (8)

19  is added to section 500.09, Florida Statutes, to read:

20         500.09  Rulemaking; analytical work.--

21         (8)  The department may adopt rules necessary for the

22  sanitary manufacture, processing, or handling of food, except

23  for those governing the design, construction, erection,

24  alteration, modification, repair, or demolition of any

25  building, structure, or facility wherein food products are

26  manufactured, processed, handled, stored, sold, or

27  distributed. It is the intent of the Legislature to preempt

28  those functions to the Florida Building Commission through

29  adoption and maintenance of the Florida Building Code. The

30  department shall provide technical assistance to the

31  commission in updating the construction standards of the


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  Florida Building Code which relate to food safety. However,

  2  the department is authorized to enforce the provisions of the

  3  Florida Building Code which apply to food establishments in

  4  conducting any inspections authorized by this chapter.

  5         Section 43.  Effective January 1, 2001, subsections (7)

  6  and (8) are added to section 500.12, Florida Statutes, to

  7  read:

  8         500.12  Food permits; building permits.--

  9         (7)  In conducting any preoperational or other

10  inspection, the department may enforce provisions of the

11  Florida Building Code relating to food establishments.

12         (8)  Any person who, after October 1, 2000, applies for

13  or renews a local occupational license to engage in business

14  as a food establishment must exhibit a current food permit or

15  an active letter of exemption from the department before the

16  local occupational license may be issued or renewed.

17         Section 44.  Effective January 1, 2001, subsection (1)

18  of section 500.147, Florida Statutes, is amended to read:

19         500.147  Inspection of food establishments and

20  vehicles; food safety pilot program.--

21         (1)  The department or its duly authorized agent shall

22  have free access at all reasonable hours to any food

23  establishment or any vehicle being used to transport or hold

24  food in commerce for the purpose of inspecting such

25  establishment or vehicle to determine if any provision of this

26  chapter or any rule adopted under the chapter is being

27  violated; to secure a sample or a specimen of any food after

28  paying or offering to pay for such sample; or to see that all

29  sanitary rules adopted by the department are complied with; or

30  to enforce the special-occupancy provisions of the Florida

31  Building Code which apply to food establishments.


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    CS for CS for SB's 4 & 380                     First Engrossed



  1         Section 45.  Effective January 1, 2001, paragraph (d)

  2  of subsection (2) and subsection (7) of section 509.032,

  3  Florida Statutes, are amended to read:

  4         509.032  Duties.--

  5         (2)  INSPECTION OF PREMISES.--

  6         (d)  The division shall adopt and enforce sanitation

  7  rules consistent with law to ensure the protection of the

  8  public from food-borne illness in those establishments

  9  licensed under this chapter.  These rules shall provide the

10  standards and requirements for obtaining, storing, preparing,

11  processing, serving, or displaying food in public food service

12  establishments, approving public food service establishment

13  facility plans, conducting necessary public food service

14  establishment inspections for compliance with sanitation

15  regulations, cooperating and coordinating with the Department

16  of Health in epidemiological investigations, and initiating

17  enforcement actions, and for other such responsibilities

18  deemed necessary by the division. The division may not

19  establish by rule any regulation governing the design,

20  construction, erection, alteration, modification, repair, or

21  demolition of any public lodging or public food service

22  establishment. It is the intent of the Legislature to preempt

23  that function to the Florida Building Commission and the State

24  Fire Marshal through adoption and maintenance of the Florida

25  Building Code and the Florida Fire Prevention Code. The

26  division shall provide technical assistance to the commission

27  and the State Fire Marshal in updating the construction

28  standards of the Florida Building Code and the Florida Fire

29  Prevention Code which govern public lodging and public food

30  service establishments. Further, the division shall enforce

31  the provisions of the Florida Building Code and the Florida


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  Fire Prevention Code which apply to public lodging and public

  2  food service establishments in conducting any inspections

  3  authorized by this part.

  4         (7)  PREEMPTION AUTHORITY.--The regulation and

  5  inspection of public lodging establishments and public food

  6  service establishments, the inspection of public lodging

  7  establishments and public food service establishments for

  8  compliance with the sanitation standards adopted under this

  9  section, and the regulation of food safety protection

10  standards for required training and testing of food service

11  establishment personnel are preempted to the state. This

12  subsection does not preempt the authority of a local

13  government or local enforcement district to conduct

14  inspections of public lodging and public food service

15  establishments for compliance with the Florida Building Code

16  and the Florida Fire Prevention Code, pursuant to ss. 553.80

17  and 633.022.

18         Section 46.  Effective January 1, 2001, subsection (1)

19  of section 509.221, Florida Statutes, is amended to read:

20         509.221  Sanitary regulations.--

21         (1)  Each public lodging establishment and each public

22  food service establishment shall be supplied with potable

23  water and shall provide adequate sanitary facilities for the

24  accommodation of its employees and guests. Such facilities may

25  include, but are not limited to, showers, handwash basins,

26  toilets, and bidets. Such sanitary facilities shall be

27  connected to approved plumbing. Such plumbing shall be sized,

28  installed, and maintained in accordance with the Florida

29  Building Code applicable state and local plumbing codes.

30  Wastewater or sewage shall be properly treated onsite or

31


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  discharged into an approved sewage collection and treatment

  2  system.

  3         Section 47.  Effective January 1, 2001, section

  4  514.021, Florida Statutes, is amended to read:

  5         514.021  Department authorization.--

  6         (1)  The department is authorized to adopt and enforce

  7  rules to protect the health, safety, or welfare of persons

  8  using public swimming pools and bathing places.  The

  9  department shall review and revise such rules as necessary,

10  but not less than biannually. Sanitation and safety standards

11  shall include, but not be limited to, matters relating to

12  structure; appurtenances; operation; source of water supply;

13  bacteriological, chemical, and physical quality of water in

14  the pool or bathing area; method of water purification,

15  treatment, and disinfection; lifesaving apparatus; measures to

16  ensure safety of bathers; and measures to ensure the personal

17  cleanliness of bathers.

18         (2)  The department may not establish by rule any

19  regulation governing the design, alteration, modification, or

20  repair of public swimming pools and bathing places which has

21  no impact on the health, safety, and welfare of persons using

22  public swimming pools and bathing places. Further, the

23  department may not adopt by rule any regulation governing the

24  construction, erection, or demolition of public swimming pools

25  and bathing places. It is the intent of the Legislature to

26  preempt those functions to the Florida Building Commission

27  through adoption and maintenance of the Florida Building Code.

28  The department shall provide technical assistance to the

29  commission in updating the construction standards of the

30  Florida Building Code which govern public swimming pools and

31  bathing places. Further, the department is authorized to


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  1  conduct plan reviews, to issue approvals, and to enforce the

  2  special-occupancy provisions of the Florida Building Code

  3  which apply to public swimming pools and bathing places in

  4  conducting any inspections authorized by this chapter. This

  5  subsection does not abrogate the authority of the department

  6  to adopt and enforce appropriate sanitary regulations and

  7  requirements as authorized in subsection (1).

  8         Section 48.  Effective January 1, 2001, section 514.03,

  9  Florida Statutes, is amended to read:

10         514.03  Construction plans approval necessary to

11  construct, develop, or modify public swimming pools or bathing

12  places.--It is unlawful for any person or public body to

13  construct, develop, or modify any public swimming pool or

14  bathing place without a valid construction plans approval from

15  the department. This section does not preempt the authority of

16  local governments or local enforcement districts to conduct

17  plan reviews and inspections of public swimming pools and

18  bathing places for compliance with the general construction

19  standards of the Florida Building Code, pursuant to s. 553.80.

20         (1)  Any person or public body desiring to construct,

21  develop, or modify any public swimming pool or bathing place

22  shall file an application for a construction plans approval

23  with the department on application forms provided by the

24  department and shall accompany such application with:

25         (a)  Engineering drawings, specifications,

26  descriptions, and detailed maps of the structure, its

27  appurtenances, and its intended operation.

28         (b)  A description of the source or sources of water

29  supply and amount and quality of water available and intended

30  to be used.

31


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  1         (c)  A description of the method and manner of water

  2  purification, treatment, disinfection, and heating.

  3         (d)  Other applicable information deemed necessary by

  4  the department to fulfill the requirements of this chapter.

  5         (2)  If the proposed construction of, development of,

  6  or modification of a public swimming pool or bathing place

  7  meets standards of public health and safety as defined in this

  8  chapter and rules adopted hereunder, the department shall

  9  grant the application for the construction plans approval

10  within 30 days after receipt of a complete submittal.  If

11  engineering plans submitted are in substantial compliance with

12  the standards aforementioned, the department may approve the

13  plans with provisions for corrective action to be completed

14  prior to issuance of the operating permit.

15         (3)  If the proposed construction, development, or

16  modification of a public swimming pool or bathing place fails

17  to meet standards of public health and safety as defined in

18  this chapter and rules adopted hereunder, the department shall

19  deny the application for construction plans approval pursuant

20  to the provisions of chapter 120.  Such denial shall be issued

21  in writing within 30 days and shall list the circumstances for

22  denial.  Upon correction of such circumstances, an applicant

23  previously denied permission to construct, develop, or modify

24  a public swimming pool or bathing place may reapply for

25  construction plans approval.

26         (4)  An approval of construction plans issued by the

27  department under this section becomes void 1 year after the

28  date the approval was issued if the construction is not

29  commenced within 1 year after the date of issuance.

30         Section 49.  Subsection (1) of section 553.06, Florida

31  Statutes, is amended to read:


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  1         553.06  State Plumbing Code.--

  2         (1)  The Florida Building Commission shall, in

  3  accordance with the provisions of chapter 120 and ss.

  4  553.70-553.895, adopt the Standard Plumbing Code, 1994

  5  edition, as adopted at the October 1993 annual meeting of the

  6  Southern Building Code Congress International, as the State

  7  Plumbing Code which shall be the minimum requirements

  8  statewide for all installations, repairs, and alterations to

  9  plumbing. The commission board may, in accordance with the

10  requirements of chapter 120, adopt all or parts of updated or

11  revised editions of the State Plumbing Code to keep abreast of

12  latest technological advances in plumbing and installation

13  techniques. Local governments which have adopted the South

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

15  may continue their use provided the requirements contained

16  therein meet or exceed the requirements of the State Plumbing

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

18  or diminish the authority of the Department of Business and

19  Professional Regulation to conduct plan reviews, issue

20  variances, and adopt rules regarding sanitary facilities in

21  public lodging and public food service establishments pursuant

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

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

24         Section 50.  Section 553.141, Florida Statutes, is

25  amended to read:

26         553.141  Public restrooms; ratio of facilities for men

27  and women; application; incorporation into the Florida

28  Building Code rules.--The Florida Building Commission shall

29  incorporate into the Florida Building Code, to be adopted by

30  rule pursuant to s. 553.73(1), a ratio of public restroom

31  facilities for men and women which must be provided in all


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  1  buildings that are newly constructed after September 30, 1992,

  2  and that have restrooms open to the public.

  3         (1)  A building that is newly constructed after

  4  September 30, 1992, and that is a publicly owned building or a

  5  privately owned building that has restrooms open to the public

  6  must have a ratio of 3 to 2 water closets provided for women

  7  as the combined total of water closets and urinals provided

  8  for men, unless there are two or fewer fixtures for men.

  9         (2)  As used in this section, the term "newly

10  constructed" means new construction, building, alteration,

11  rehabilitation, or repair that equals or exceeds 50 percent of

12  the replacement value existing on October 1, 1992, unless the

13  same was under design or construction, or under construction

14  contract before October 1, 1992.

15         (3)  This section does not apply to establishments

16  licensed under chapter 509 if the establishment does not

17  provide meeting or banquet rooms which accommodate more than

18  150 persons and the establishment has at least the same number

19  of water closets for women as the combined total of water

20  closets and urinals for men.

21         (4)  The Board of Building Codes and Standards shall

22  adopt rules to administer this section, pursuant to chapter

23  120.

24         Section 51.  The Division of Statutory Revision is

25  requested to change the title of part IV of chapter 553,

26  Florida Statutes, to "MANUFACTURED BUILDINGS."

27         Section 52.  Effective January 1, 2001, section

28  553.355, Florida Statutes, is created to read:

29         553.355  Minimum construction requirements

30  established.--The Florida Building Code and the Florida Fire

31  Prevention and Lifesafety Codes shall be the minimum


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  1  construction requirements governing the manufacture, design,

  2  construction, erection, alteration, modification, repair, and

  3  demolition of manufactured buildings.

  4         Section 53.  Subsections (5) and (11) of section

  5  553.36, Florida Statutes, are amended, present subsections

  6  (13) and (14) of that section are redesignated as subsections

  7  (14) and (15), respectively, and a new subsection (13) is

  8  added to that section, to read:

  9         553.36  Definitions.--The definitions contained in this

10  section govern the construction of this part unless the

11  context otherwise requires.

12         (5)  "Component" means any assembly, subassembly, or

13  combination of parts for use as a part of a building, which

14  may include structural, electrical, mechanical, and fire

15  protection systems and other systems affecting health and

16  safety. Components that incorporate elements of a building

17  subject to the product approval system adopted under s.

18  553.842 are subject to approval in accordance with the product

19  approval system upon implementation thereof and are not

20  subject to the rules adopted under this part. Components to

21  which the rules adopted under this part apply are limited to

22  three-dimensional systems for use as part of a building.

23         (11)  "Manufactured building" means a closed structure,

24  building assembly, or system of subassemblies, which may

25  include structural, electrical, plumbing, heating,

26  ventilating, or other service systems manufactured in

27  manufacturing facilities for installation or erection, with or

28  without other specified components, as a finished building or

29  as part of a finished building, which shall include, but not

30  be limited to, residential, commercial, institutional,

31  storage, and industrial structures. This part does not apply


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  1  to mobile homes. The term includes buildings not intended for

  2  human habitation such as lawn storage buildings and storage

  3  sheds manufactured and assembled offsite by a manufacturer

  4  certified in conformance with this part. Manufactured building

  5  may also mean, at the option of the manufacturer, any building

  6  of open construction made or assembled in manufacturing

  7  facilities away from the building site for installation, or

  8  assembly and installation, on the building site.

  9         (13)  "Module" means a separately transported

10  three-dimensional component of a manufactured building which

11  contains all or a portion of structural systems, electrical

12  systems, plumbing systems, mechanical systems, fire systems,

13  and thermal systems.

14         Section 54.  Effective January 1, 2001, subsections (1)

15  and (2) of section 553.36, Florida Statutes, are amended to

16  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         (1)  "Approved" means conforming to the requirements of

21  the Florida Building Code Department of Community Affairs.

22         (2)  "Approved inspection agency" means an organization

23  determined by the department to be especially qualified by

24  reason of facilities, personnel, experience, and demonstrated

25  reliability to investigate, test, and evaluate manufactured

26  building units or systems or the component parts thereof,

27  together with the plans, specifications, and quality control

28  procedures to ensure that such units, systems, or component

29  parts are in full compliance with the Florida Building Code

30  standards adopted by the department pursuant to this part and

31  to label such units complying with those standards.


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  1         Section 55.  Subsections (1), (2), (5), and (8) of

  2  section 553.37, Florida Statutes, are amended, present

  3  subsection (9) of that section is redesignated as subsection

  4  (11), and new subsections (9) and (10) are added to that

  5  section, to read:

  6         553.37  Rules; inspections; and insignia.--

  7         (1)  The department may enter into contracts and take

  8  actions necessary and incidental to the administration of its

  9  authority under this part. In addition, the department shall

10  adopt rules in accordance with chapter 120 setting

11  requirements for construction or modification of manufactured

12  buildings and building modules, to address:

13         (a)  Submittal to and approval by the department of

14  manufacturers' drawings and specifications, including any

15  amendments.

16         (b)  Submittal to and approval by the department of

17  manufacturers' internal quality control procedures and

18  manuals, including any amendments.

19         (c)  Procedures and qualifications for approval of

20  third-party plan review and inspection entities and of those

21  who perform inspections and plan reviews.

22         (d)  Investigation of consumer complaints of

23  noncompliance of manufactured buildings with the requirements

24  for construction or modification of such buildings.

25         (e)(c)  Issuance, cancellation, and revocation of any

26  insignia issued by the department and procedures for auditing

27  and accounting for disposition of them.

28         (f)  Monitoring the manufacturers', inspection

29  entities', and plan review entities' compliance with this

30  part. Monitoring may include, but is not limited to,

31  performing audits of plans, inspections of manufacturing


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  1  facilities and observation of the manufacturing and inspection

  2  process, and onsite inspections of buildings.

  3         (g)(d)  The performance by the department of any other

  4  functions required by this part.

  5         (2)  After the effective date of the rules adopted

  6  pursuant to this part, no manufactured building, except as

  7  provided in subsection (11)(9), may be installed in this state

  8  unless it is approved and bears the insignia of approval of

  9  the department. Approvals issued by the department under the

10  provisions of the prior part shall be deemed to comply with

11  the requirements of this part.

12         (5)  Manufactured buildings which have been issued and

13  bear the insignia of approval pursuant to this part upon

14  manufacture or first sale shall not require an additional

15  approval or insignia by a local government in which they are

16  subsequently sold or installed. Buildings or structures that

17  meet the definition of "open construction" are subject to

18  permitting by the local jurisdiction and are not required to

19  bear insignia.

20         (8)  The department may delegate its enforcement

21  authority to a state department having building construction

22  responsibilities or a local government.  The department may

23  itself shall not inspect manufactured buildings but shall

24  delegate its plan review and inspection authority to a state

25  department having building construction responsibilities, a

26  local government, an approved inspection agency, an approved

27  plan review agency, or an agency of another state.

28         (9)  If the department delegates its inspection

29  authority to third-party approved inspection agencies,

30  manufacturers must have one, and only one, inspection agency

31


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  1  responsible for inspection of a manufactured building, module,

  2  or component at all times.

  3         (10)  If the department delegates its inspection

  4  authority to third-party approved plan review agencies,

  5  manufacturers must have one, and only one, plan review agency

  6  responsible for review of plans of a manufactured building,

  7  module, or component at all times.

  8         Section 56.  Effective January 1, 2001, subsections

  9  (1), (2), (3), (4), (6), (7), (9), and (10) of section 553.37,

10  Florida Statutes, as amended by this act, are amended to read:

11         553.37  Rules; inspections; and insignia.--

12         (1)  The Florida Building Commission department may

13  enter into contracts and take actions necessary and incidental

14  to the administration of its authority under this part. In

15  addition, the department shall adopt within the Florida

16  Building Code rules in accordance with chapter 120 setting

17  requirements for construction or modification of manufactured

18  buildings and building modules, to address:

19         (a)  Submittal to and approval by the department of

20  manufacturers' drawings and specifications, including any

21  amendments.

22         (b)  Submittal to and approval by the department of

23  manufacturers' internal quality control procedures and

24  manuals, including any amendments.

25         (c)  Procedures and qualifications for approval of

26  third-party plan review and inspection entities and of those

27  who perform inspections and plan review.

28         (d)  Investigation of consumer complaints of

29  noncompliance of manufactured buildings with the Florida

30  Building Code and the Florida Fire Prevention Code

31


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  1  requirements for construction or modification of such

  2  buildings.

  3         (e)  Issuance, cancellation, and revocation of any

  4  insignia issued by the department and procedures for auditing

  5  and accounting for disposition of them.

  6         (f)  Monitoring the manufacturers', inspection

  7  entities', and plan review entities' compliance with this part

  8  and the Florida Building Code. Monitoring may include, but is

  9  not limited to, performing audits of plans, inspections of

10  manufacturing facilities and observation of the manufacturing

11  and inspection process, and onsite inspections of buildings.

12         (g)  The performance by the department of any other

13  functions required by this part.

14         (2)  After the effective date of the Florida Building

15  Code rules adopted pursuant to this part, no manufactured

16  building, except as provided in subsection (11), may be

17  installed in this state unless it is approved and bears the

18  insignia of approval of the department. Approvals issued by

19  the department under the provisions of the prior part shall be

20  deemed to comply with the requirements of this part.

21         (3)  All manufactured buildings issued and bearing

22  insignia of approval pursuant to subsection (2) shall be

23  deemed to comply with the Florida Building Code and are exempt

24  from local amendments requirements of all ordinances or rules

25  enacted by any local government which governs construction.

26         (4)  No manufactured building bearing department

27  insignia of approval pursuant to subsection (2) shall be in

28  any way modified prior to installation, except in conformance

29  with the Florida Building Code rules of the department.

30         (6)  If the Florida Building Commission department

31  determines that the standards for construction and inspection


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  1  of manufactured buildings prescribed by statute or rule of

  2  another state are at least equal to the Florida Building Code

  3  rules prescribed under this part and that such standards are

  4  actually enforced by such other state, it may provide by rule

  5  that the manufactured building which has been inspected and

  6  approved by such other state shall be deemed to have been

  7  approved by the department and shall authorize the affixing of

  8  the appropriate insignia of approval.

  9         (7)  The Florida Building Commission department, by

10  rule, shall establish a schedule of fees to pay the cost

11  incurred by the department for the work related to

12  administration and enforcement of this part.

13         (9)  If the commission department delegates its

14  inspection authority to third-party approved inspection

15  agencies, manufacturers must have one, and only one,

16  inspection agency responsible for inspection of a manufactured

17  building, module, or component at all times.

18         (10)  If the commission department delegates its

19  inspection authority to third-party approved plan review

20  agencies, manufacturers must have one, and only one, plan

21  review agency responsible for review of plans of a

22  manufactured building, module, or component at all times.

23         Section 57.  Section 553.375, Florida Statutes, is

24  created to read:

25         553.375  Recertification of manufactured

26  buildings.--Prior to the relocation, modification, or change

27  of occupancy of a manufactured building within the state, the

28  manufacturer, dealer, or owner thereof may apply to the

29  department for recertification of that manufactured building.

30  The department shall, by rule, provide what information the

31  applicant must submit for recertification and for plan review


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  1  and inspection of such manufactured buildings and shall

  2  establish fees for recertification. Upon a determination by

  3  the department that the manufactured building complies with

  4  the applicable building codes, the department shall issue a

  5  recertification insignia. A manufactured building that bears

  6  recertification insignia does not require any additional

  7  approval by an enforcement jurisdiction in which the building

  8  is sold or installed, and is considered to comply with all

  9  applicable codes. As an alternative to recertification by the

10  department, the manufacturer, dealer, or owner of a

11  manufactured building may seek appropriate permitting and a

12  certificate of occupancy from the local jurisdiction in

13  accordance with procedures generally applicable under the

14  Florida Building Code.

15         Section 58.  Effective January 1, 2001, section 553.38,

16  Florida Statutes, is amended to read:

17         553.38  Application and scope.--

18         (1)  The department shall promulgate rules which

19  protect the health, safety, and property of the people of this

20  state by assuring that each manufactured building is

21  structurally sound and properly installed on site and that

22  plumbing, heating, electrical, and other systems thereof are

23  reasonably safe, and which interpret and make specific the

24  provisions of this part.

25         (2)  The department shall enforce every provision of

26  the Florida Building Code this part and the rules adopted

27  pursuant hereto, except that local land use and zoning

28  requirements, fire zones, building setback requirements, side

29  and rear yard requirements, site development requirements,

30  property line requirements, subdivision control, and onsite

31  installation requirements, as well as the review and


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  1  regulation of architectural and aesthetic requirements, are

  2  specifically and entirely reserved to local authorities.  Such

  3  local requirements and rules which may be enacted by local

  4  authorities must be reasonable and uniformly applied and

  5  enforced without any distinction as to whether a building is a

  6  conventionally constructed or manufactured building.  A local

  7  government shall require permit fees only for those

  8  inspections actually performed by the local government for the

  9  installation of a factory-built structure.  Such fees shall be

10  equal to the amount charged for similar inspections on

11  conventionally built housing.

12         Section 59.  Section 553.381, Florida Statutes, is

13  amended to read:

14         553.381  Manufacturer certification; product liability

15  insurance as prerequisite.--

16         (1)  Before manufacturing buildings to be located

17  within this state or selling manufactured buildings within

18  this state, whichever occurs later, a manufacturer must be

19  certified by the department. The department shall certify a

20  manufacturer upon receipt from the manufacturer and approval

21  and verification by the department of the following:

22         (a)  The manufacturer's internal quality-control

23  procedures and manuals, including any amendments;

24         (b)  As a prerequisite to obtaining approval to produce

25  manufactured buildings for sale in the state, the manufacturer

26  must submit Evidence that the manufacturer she or he has

27  product liability insurance for the safety and welfare of the

28  public in amounts determined by rule of the department; and.

29         (c)  The fee established by the department under s.

30  553.37(7).

31


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  1         (2)  The department may revoke any certification upon

  2  the failure of the manufacturer to comply with the

  3  construction standards adopted under this part or other

  4  requirements of this part.

  5         (3)  Certification of manufacturers under this section

  6  shall be for a period of 3 years, subject to renewal by the

  7  manufacturer. Upon application for renewal, the manufacturer

  8  must submit the information described in subsection (1) or a

  9  sworn statement that there has been no change in the status or

10  content of that information since the manufacturer's last

11  submittal. Fees for renewal of manufacturers' certification

12  shall be established by the department by rule.

13         Section 60.  Effective January 1, 2001, section

14  553.381, Florida Statutes, as amended by this act, is amended

15  to read:

16         553.381  Manufacturer certification.--

17         (1)  Before manufacturing buildings to be located

18  within this state or selling manufactured buildings within

19  this state, whichever occurs later, a manufacturer must be

20  certified by the department. The department shall certify a

21  manufacturer upon receipt from the manufacturer and approval

22  and verification by the department of the following:

23         (a)  The manufacturer's internal quality-control

24  procedures and manuals, including any amendments;

25         (b)  Evidence that the manufacturer has product

26  liability insurance for the safety and welfare of the public

27  in amounts determined by rule of the commission department;

28  and

29         (c)  The fee established by the commission department

30  under s. 553.37(7).

31


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  1         (2)  The department may revoke any certification upon

  2  the failure of the manufacturer to comply with the Florida

  3  Building Code construction standards adopted under this part

  4  or other requirements of this part.

  5         (3)  Certification of manufacturers under this section

  6  shall be for a period of 3 years, subject to renewal by the

  7  manufacturer. Upon application for renewal, the manufacturer

  8  must submit the information described in subsection (2) or a

  9  sworn statement that there has been no change in the status or

10  content of that information since the manufacturer's last

11  submittal. Fees for renewal of manufacturers' certification

12  shall be established by the commission department by rule.

13         Section 61.  Effective January 1, 2001, section 553.39,

14  Florida Statutes, is amended to read:

15         553.39  Injunctive relief.--The department may seek

16  injunctive or other relief from the circuit court of

17  appropriate jurisdiction to compel compliance with the

18  requirements of this part or with the Florida Building Code

19  rules issued pursuant thereto or to enjoin the sale, delivery,

20  or installation of a manufactured building, upon an affidavit

21  specifying the manner in which the building does not conform

22  to the Florida Building Code or other requirements of this

23  part or to rules issued pursuant thereto.  Noncompliance with

24  the Florida Building Code or this part or the rules

25  promulgated under this part shall be considered prima facie

26  evidence of irreparable damage in any cause of action brought

27  under the authority of this part.

28         Section 62.  Section 553.503, Florida Statutes, is

29  amended to read:

30         553.503  Adoption of guidelines.--Subject to the

31  exceptions in s. 553.504, the federal Americans with


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  1  Disabilities Act Accessibility Guidelines, as adopted by

  2  reference in 28 C.F.R., part 36, subparts A and D, and Title

  3  II of Pub. L. No. 101-336, are hereby adopted and incorporated

  4  by reference as the law of this state. The guidelines shall

  5  establish the minimum standards for the accessibility of

  6  buildings and facilities built or altered within this state.

  7  The 1997 Florida Accessibility Code for Building Construction

  8  must be adopted by the Florida Building Commission Board of

  9  Building Codes and Standards in accordance with chapter 120.

10         Section 63.  Section 553.5041, Florida Statutes, is

11  created to read:

12         553.5041  Parking spaces for persons who have

13  disabilities.--

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

15  the defenses available to a place of public accommodation

16  under the Americans with Disabilities Act and the federal

17  Americans with Disabilities Act Accessibility Guidelines,

18  including, but not limited to, the readily achievable

19  standard, and the standards applicable to alterations to

20  places of public accommodation. Subject to the exceptions

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

22  parking and loading zone requirements of the federal Americans

23  with Disabilities Act Accessibility Guidelines (ADAAG), as

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

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

26  accessibility, those requirements are adopted and incorporated

27  by reference as the law of this state.

28         (2)  State agencies and political subdivisions having

29  jurisdiction over street parking or publicly owned or operated

30  parking facilities are not required to provide a greater

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


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  1  regulations, guidelines, or practices normally applied to new

  2  development.

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

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

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

  6  designed and marked for the exclusive use of those individuals

  7  who have a severe physical disability and have permanent or

  8  temporary mobility problems that substantially impair their

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

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

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

12  320.0845.

13         (4)  The number of accessible parking spaces must

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

15  following:

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

17  immediate vicinity of a publicly owned or leased building that

18  houses a governmental entity or a political subdivision,

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

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

21  premises of the building.

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

23  each 150 metered onstreet parking spaces provided by state

24  agencies and political subdivisions.

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

26  disabilities must be increased on the basis of demonstrated

27  and documented need.

28         (5)  Accessible perpendicular and diagonal accessible

29  parking spaces and loading zones must be designed and located

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

31


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  1  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

  2  Design."

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

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

  5  compelled to walk or wheel behind parked vehicles.

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

  7  accessible route from the parking space to an accessible

  8  entrance. If there are multiple entrances or multiple retail

  9  stores, the parking spaces must be dispersed to provide

10  parking at the nearest accessible entrance. If a theme park or

11  an entertainment complex as defined in s. 509.013(9) provides

12  parking in several lots or areas from which access to the

13  theme park or entertainment complex is provided, a single lot

14  or area may be designated for parking by persons who have

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

16  safely accessible route to an accessible entrance to the theme

17  park or entertainment complex or to transportation to such an

18  accessible entrance.

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

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

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

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

23  aisles must be placed adjacent to accessible parking spaces;

24  however, two accessible parking spaces may share a common

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

26  designate it as a no-parking zone.

27         2.  The parking access aisles are reserved for the

28  temporary exclusive use of persons who have disabled parking

29  permits and who require extra space to deploy a mobility

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

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


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  1  are subject to the same penalties that are imposed for

  2  illegally parking in parking spaces that are designated for

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

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

  5  disabled or owns a disabled parking permit.

  6         3.  Any provision of this subsection to the contrary

  7  notwithstanding, a theme park or an entertainment complex as

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

  9  attendant services for directing individuals to marked

10  accessible parking spaces or designated lots for parking by

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

12  parking space design, provide parking spaces that comply with

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

14  Accessibility Guidelines.

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

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

17  entrances. Such spaces must be designed in conformance with

18  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5,

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

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

21  the opening and closing of motor vehicle doors. This

22  subsection does not relieve the owner of the responsibility to

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

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

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

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

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

28  parking spaces and access aisles.

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

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

31  with s. 553.508 must comply with this section unless


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  1  compliance would cause the barrier removal not to be readily

  2  achievable. If compliance would cause the barrier removal not

  3  to be readily achievable, a facility may provide parking

  4  spaces at alternative locations for persons who have

  5  disabilities and provide appropriate signage directing persons

  6  who have disabilities to the alternative parking if readily

  7  achievable. The facility may not reduce the required number or

  8  dimensions of those spaces, nor may it unreasonably increase

  9  the length of the accessible route from a parking space to the

10  facility. The removal of an architectural barrier must not

11  create a significant risk to the health or safety of a person

12  who has a disability or to that of others.

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

14  553.507(2)(b) must comply with this section to the maximum

15  extent feasible. If compliance with parking location

16  requirements is not feasible, the facility may provide parking

17  spaces at alternative locations for persons who have

18  disabilities and provide appropriate signage directing persons

19  who have a disability to alternative parking. The facility may

20  not reduce the required number or dimensions of those spaces,

21  nor may it unnecessarily increase the length of the accessible

22  route from a parking space to the facility. The alteration

23  must not create a significant risk to the health or safety of

24  a person who has a disability or to that of others.

25         (6)  Each such parking space must be prominently

26  outlined with blue paint, and must be repainted when

27  necessary, to be clearly distinguishable as a parking space

28  designated for persons who have disabilities and must be

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

30  approved by the Department of Transportation, which is placed

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


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

  2  accessibility meeting the requirements of ADAAG s. 4.30.7 and

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

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

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

  6  contrary notwithstanding, in a theme park or an entertainment

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

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

  9  indicating the lot as reserved for accessible parking may be

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

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

12  the responsibility of complying with the signage requirements

13  of ADAAG s. 4.30.

14         Section 64.  Section 553.506, Florida Statutes, is

15  amended to read:

16         553.506  Powers of the commission board.--In addition

17  to any other authority vested in the Florida Building

18  Commission board by law, the commission Board of Building

19  Codes and Standards, in implementing ss. 553.501-553.513, may,

20  by rule, adopt revised and updated versions of the Americans

21  with Disabilities Act Accessibility Guidelines in accordance

22  with chapter 120.

23         Section 65.  Section 553.512, Florida Statutes, is

24  amended to read:

25         553.512  Modifications and waivers; advisory council.--

26         (1)  The Florida Building Commission Board of Building

27  Codes and Standards shall provide by regulation criteria for

28  granting individual modifications of, or exceptions from, the

29  literal requirements of this part upon a determination of

30  unnecessary, unreasonable, or extreme hardship, provided such

31  waivers shall not violate federal accessibility laws and


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  1  regulations and shall be reviewed by the Handicapped

  2  Accessibility Advisory Council. The commission may not

  3  consider waiving any of the requirements of s. 553.5041 unless

  4  the applicant first demonstrates that she or he has applied

  5  for and been denied waiver or variance from all local

  6  government zoning, subdivision regulations, or other

  7  ordinances that prevent compliance therewith. Further, the

  8  commission may not waive the requirements of s. 553.5041(5)(a)

  9  and (c)1. governing the minimum width of the accessible route

10  and the minimum width of accessible parking spaces.

11         (2)  The Accessibility Advisory Council shall consist

12  consisting of the following seven members, who shall be

13  knowledgeable in the area of handicapped accessibility for

14  persons with disabilities.  The Secretary of Community Affairs

15  shall appoint the following: a representative from the

16  Advocacy Center for Persons with Disabilities, Inc.; a

17  representative from the Division of Blind Services; a

18  representative from the Division of Vocational Rehabilitation;

19  a representative from a statewide organization representing

20  the physically handicapped; a representative from the hearing

21  impaired; a representative from the President, Florida Council

22  of Handicapped Organizations; and a representative of the

23  Paralyzed Veterans of America.  The terms for the first three

24  council members appointed subsequent to October 1, 1991, shall

25  be for 4 years, the terms for the next two council members

26  appointed shall be for 3 years, and the terms for the next two

27  members shall be for 2 years. Thereafter, all council member

28  appointments shall be for terms of 4 years.  No council member

29  shall serve more than two 4-year terms subsequent to October

30  1, 1991.  Any member of the council may be replaced by the

31  secretary upon three unexcused absences.  Upon application


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  1  made in the form provided, an individual waiver or

  2  modification may be granted by the commission board so long as

  3  such modification or waiver is not in conflict with more

  4  stringent standards provided in another chapter.

  5         (3)(2)  Members of the council shall serve without

  6  compensation, but shall be entitled to reimbursement for per

  7  diem and travel expenses as provided by s. 112.061.

  8         (4)(3)  Meetings of the advisory council shall be held

  9  in conjunction with the regular meetings of the commission.

10         Section 66.  Subsection (7) of section 553.71, Florida

11  Statutes, is amended, and subsection (9) is added to that

12  section, to read:

13         553.71  Definitions.--As used in this part, the term:

14         (7)  "Threshold building" means any building which is

15  greater than three stories or 50 feet in height, or which has

16  an assembly occupancy classification as defined in the State

17  Minimum Building Codes which that exceeds 5,000 square feet in

18  area and an occupant content of greater than 500 persons.

19         (9)  "Special inspector" means a licensed architect or

20  registered engineer who is certified under chapter 471 or

21  chapter 481 to conduct inspections of threshold buildings.

22         Section 67.  Effective January 1, 2001, subsection (5)

23  of section 553.71, Florida Statutes, and subsection (7) of

24  that section, as amended by this act, are amended, and

25  subsection (10) is added to that section, to read:

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

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

28  local government, a local school board, a community college

29  board, or a university in the State University System with

30  jurisdiction authority to make inspections of buildings and to

31  enforce the codes which establish standards for design,


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  1  construction, erection, alteration, repair, modification, or

  2  demolition of public or private buildings, structures, or

  3  facilities.

  4         (7)  "Threshold building" means any building which is

  5  greater than three stories or 50 feet in height, or which has

  6  an assembly occupancy classification as defined in the Florida

  7  Building Code State Minimum Building Codes which exceeds 5,000

  8  square feet in area and an occupant content of greater than

  9  500 persons.

10         (10)  "Prototype building" means a building constructed

11  in accordance with architectural or engineering plans intended

12  for replication on various sites and which will be updated to

13  comply with the Florida Building Code and applicable laws

14  relating to fire safety, health and sanitation, casualty

15  safety, and requirements for persons with disabilities which

16  are in effect at the time a construction contract is to be

17  awarded.

18         Section 68.  Effective January 1, 2001, subsection (1)

19  of section 553.72, Florida Statutes, as amended by section 38

20  of chapter 98-287, Laws of Florida, is amended, and subsection

21  (6) is added to that section, to read:

22         553.72  Intent.--

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

24  mechanism for the uniform adoption, updating, amendment,

25  interpretation, and enforcement of a single, unified state

26  building code, to be called the Florida Building Code, which

27  consists of a single set of documents that apply to the

28  design, construction, erection, alteration, modification,

29  repair, or demolition of public or private buildings,

30  structures, or facilities in this state and to the enforcement

31  of such requirements and which will allow effective and


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  1  reasonable protection for public safety, health, and general

  2  welfare for all the people of Florida at the most reasonable

  3  cost to the consumer. The Florida Building Code shall be

  4  organized to provide consistency and simplicity of use. The

  5  Florida Building Code shall be applied, administered, and

  6  enforced uniformly and consistently from jurisdiction to

  7  jurisdiction. The Florida Building Code shall provide for

  8  flexibility to be exercised in a manner that meets minimum

  9  requirements, is affordable, does not inhibit competition, and

10  promotes innovation and new technology. The Florida Building

11  Code shall establish minimum standards primarily for public

12  health and lifesafety, and secondarily for protection of

13  property as appropriate.

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

15  nationally recognized private-sector third-party testing and

16  evaluation system shall provide product evaluation for the

17  product-approval system and that effective government

18  oversight be established to ensure accountability to the

19  state.

20         Section 69.  Effective January 1, 2001, paragraph (c)

21  of subsection (1) and subsections (2), (4), (5), (6), (7),

22  (8), (9), (10), (11), and (12) of section 553.73, Florida

23  Statutes, as amended by section 40 of chapter 98-287, Laws of

24  Florida, as amended by section 61 of chapter 98-419, Laws of

25  Florida, are amended to read:

26         553.73  Florida Building Code.--

27         (1)

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

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

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

31  interpreted, and maintained by the Department of Insurance by


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  1  rule adopted pursuant to ss. 120.536(1) and 120.54. The

  2  Florida Building Commission may not adopt a fire prevention or

  3  life safety code and nothing in the Florida Building Code

  4  shall affect the statutory powers, duties, and

  5  responsibilities of any fire official or the Department of

  6  Insurance.

  7         (2)  The Florida Building Code shall contain provisions

  8  or requirements for public and private buildings, structures,

  9  and facilities relative to structural, mechanical, electrical,

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

11  historical buildings, manufactured buildings, elevators,

12  coastal construction, lodging facilities, food sales and food

13  service facilities, health care facilities, including assisted

14  living facilities, adult day care facilities, and facilities

15  for the control of radiation hazards, public or private

16  educational facilities, swimming pools, and correctional

17  facilities and enforcement of and compliance with such

18  provisions or requirements. Technical provisions to be

19  contained within the Florida Building Code are restricted to

20  requirements related to the types of materials used and

21  construction methods and standards employed in order to meet

22  criteria specified in the Florida Building Code. Provisions

23  relating to the personnel, supervision or training of

24  personnel, or any other professional qualification

25  requirements relating to contractors or their workforce may

26  not be included within the Florida Building Code, and

27  subsections (4), (5), and (6) are subsection (4) is not to be

28  construed to allow the inclusion of such provisions within the

29  Florida Building Code by amendment. This restriction applies

30  to both initial development and amendment of the Florida

31  Building Code.


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  1         (4)(a)  All entities authorized to enforce the Florida

  2  Building Code pursuant to s. 553.80 Local governments shall

  3  comply with applicable standards for issuance of mandatory

  4  certificates of occupancy, minimum types of inspections, and

  5  procedures for plans review and inspections as established by

  6  the commission board by rule. Local governments may adopt Any

  7  amendments to the administrative provisions of standards

  8  established by the Florida Building Code, subject pursuant to

  9  the limitations of this paragraph. Local amendments shall be

10  more stringent than the minimum such standards described

11  herein and shall be transmitted to the commission within 30

12  days after enactment.  The local government shall make such

13  amendments available to the general public in a usable format.

14  The State Fire Marshal The Department of Insurance is

15  responsible for establishing the standards and procedures

16  required in this paragraph for governmental entities with

17  respect to applying the Florida Fire Prevention Code and the

18  Life Safety Code.

19         (b)  Local governments may, subject to the limitations

20  of this section, adopt amendments to the technical provisions

21  of the Florida Building Code which apply solely within the

22  jurisdiction of such government and which provide for more

23  stringent requirements than those specified in the Florida

24  Building Code, not more than once every 6 months, provided:

25         1.  The local governing body determines, following a

26  public hearing which has been advertised in a newspaper of

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

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

29  Building Code. The determination must be based upon a review

30  of local conditions by the local governing body, which review

31  demonstrates that local conditions justify more stringent


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  1  requirements than those specified in the Florida Building Code

  2  for the protection of life and property.

  3         2.  Such additional requirements are not discriminatory

  4  against materials, products, or construction techniques of

  5  demonstrated capabilities.

  6         3.  Such additional requirements may not introduce a

  7  new subject not addressed in the Florida Building Code.

  8         4.  The enforcing agency shall make readily available,

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

10  section.

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

12  transmitted within 30 days by the adopting local government to

13  the commission.  The commission shall maintain copies of all

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

15  the public.

16         6.  Any amendment to the Florida Building Code adopted

17  by a local government pursuant to this paragraph shall be

18  effective only until the adoption by the commission of the new

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

20  such time, the commission shall review such amendment for

21  consistency with the criteria in paragraph (a) and either

22  adopt such amendment as part of the Florida Building Code or

23  rescind the amendment.  The commission shall immediately

24  notify the respective local government of the rescission of

25  any amendment. After receiving such notice, the respective

26  local government may readopt the rescinded amendment pursuant

27  to the provisions of this paragraph.

28         7.  Each county and municipality desiring to make local

29  technical amendments to the Florida Building Code shall by

30  interlocal agreement establish a countywide compliance review

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


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  1  adopted by a local government within the county pursuant to

  2  this paragraph, that is challenged by any substantially

  3  affected party for purposes of determining the amendment's

  4  compliance with this paragraph. A public officer, as defined

  5  in s. 112.313(1), who votes on a local amendment may not sit

  6  on the compliance review board that hears a challenge to the

  7  validity of that amendment. If the compliance review board

  8  determines such amendment is not in compliance with this

  9  paragraph, the compliance review board shall notify such local

10  government of the noncompliance and that the amendment is

11  invalid and unenforceable until the local government corrects

12  the amendment to bring it into compliance. The local

13  government may appeal the decision of the compliance review

14  board to the commission.  If the compliance review board

15  determines such amendment to be in compliance with this

16  paragraph, any substantially affected party may appeal such

17  determination to the commission. Actions of the commission are

18  subject to judicial review pursuant to s. 120.68. The

19  compliance review board shall determine whether its decisions

20  apply to a respective local jurisdiction or apply countywide.

21         8.  An amendment adopted under this paragraph shall

22  include a fiscal impact statement which documents the costs

23  and benefits of the proposed amendment.  Criteria for the

24  fiscal impact statement shall include the impact to local

25  government relative to enforcement, the impact to property and

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

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

28  a basis for challenging the amendment for compliance.

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

30  commission may review any amendments adopted pursuant to this

31


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  1  subsection and make nonbinding recommendations related to

  2  compliance of such amendments with this subsection.

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

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

  5  district owned buildings, manufactured buildings approved by

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

  7  553.77(6).  The respective responsible entities shall consider

  8  the physical performance parameters substantiating such

  9  amendments when designing, specifying, and constructing such

10  exempt buildings.

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

12  120.536(1) and 120.54, shall update the Florida Building Code

13  every 3 years. The initial adoption of, and any subsequent

14  updates or amendments to, the Florida Building Code by the

15  commission is Once initially adopted and subsequently updated

16  by the board, the Florida Building Code shall be deemed

17  adopted for use statewide without adoptions by local

18  government. When updating the Florida Building Code, the

19  commission shall consider changes made by the adopting entity

20  of any selected model code for any model code incorporated

21  into the Florida Building Code by the commission, and may

22  subsequently adopt the new edition or successor of the model

23  code, which may be modified for this state, and shall further

24  consider the commission's own interpretations, declaratory

25  statements, appellate decisions, and approved statewide and

26  local technical amendments. A change made by an institute or

27  standards organization to any standard or criterion that is

28  adopted by reference in the Florida Building Code does not

29  become effective statewide until it has been adopted by the

30  commission. The edition of the Florida Building Code which is

31  in effect on the date of application of any permit authorized


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  1  by the code governs the permitted work for the life of the

  2  permit and any extension granted to the permit. Any amendment

  3  to the Florida Building Code which is adopted upon a finding

  4  by the commission that the amendment is necessary to protect

  5  the public from immediate threat of harm takes effect

  6  immediately.

  7         (6)  It shall be the responsibility of each

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

  9  with statutory authority to regulate building construction to

10  enforce the provisions of the Florida Building Code.

11         (6)(7)(a)  The commission may approve technical

12  amendments to the Florida Building Code once each year for

13  statewide or regional application upon a finding that delaying

14  the application of the amendment would be contrary to the

15  health, safety, and welfare of the public or the amendment

16  provides an economic advantage to the consumer and that the

17  amendment:

18         1.  Has a reasonable and substantial connection with

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

20         2.  Strengthens or improves the Florida Building Code,

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

22  equivalent or better products or methods or systems of

23  construction.

24         3.  Does not discriminate against materials, products,

25  methods, or systems of construction of demonstrated

26  capabilities.

27         4.  Does not degrade the effectiveness of the Florida

28  Building Code.

29

30  Furthermore, the Florida Building Commission may approve

31  technical amendments to the code once each year to incorporate


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  1  into the Florida Building Code its own interpretations of the

  2  code which are embodied in its opinions and declaratory

  3  statements. Amendments approved under this paragraph shall be

  4  adopted by rule pursuant to ss. 120.536(1) and 120.54.

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

  6  statement which documents the costs and benefits of the

  7  proposed amendment.  Criteria for the fiscal impact statement

  8  shall be established by rule by the commission and shall

  9  include the impact to local government relative to

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

11  well as to industry, relative to the cost of compliance.

12         (c)  The commission may not approve any proposed

13  amendment that does not accurately and completely address all

14  requirements for amendment which are set forth in this

15  section.

16         (7)(8)  The following buildings, structures, and

17  facilities are exempt may be exempted from the Florida

18  Building Code as provided by law, and any further exemptions

19  shall be as determined by the Legislature and provided by law:

20         (a)  Buildings and structures specifically regulated

21  and preempted by the Federal Government.

22         (b)  Railroads and ancillary facilities associated with

23  the railroad.

24         (c)  Nonresidential farm buildings on farms.

25         (d)  Temporary buildings or sheds used exclusively for

26  construction purposes.

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

28  that the provisions of part V relating to accessibility by

29  persons with disabilities shall apply to such mobile homes.

30         (f)  Those structures or facilities of electric

31  utilities, as defined in s. 366.02, which are directly


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  1  involved in the generation, transmission, or distribution of

  2  electricity.

  3         (g)  Temporary sets, assemblies, or structures used in

  4  commercial motion picture or television production, or any

  5  sound-recording equipment used in such production, on or off

  6  the premises.

  7

  8  With the exception of paragraphs (a), (b), (c), and (f), in

  9  order to preserve the health, safety, and welfare of the

10  public, the Florida Building Commission may, by rule adopted

11  pursuant to chapter 120, provide for exceptions to the broad

12  categories of buildings exempted in this section, including

13  exceptions for application of specific sections of the code or

14  standards adopted therein. The exceptions must be based upon

15  specific criteria, such as under-roof floor area, aggregate

16  electrical service capacity, HVAC system capacity, or other

17  building requirements. Further, the commission may recommend

18  to the Legislature additional categories of buildings,

19  structures, or facilities which should be exempted from the

20  Florida Building Code, to be provided by law.

21         (8)(9)(a)  In the event of a conflict between the

22  Florida Building Code and the Florida Fire Prevention Code and

23  the Life Safety Code as applied to a specific project, the

24  conflict shall be resolved by agreement between the local

25  building code enforcement official and the local fire code

26  enforcement official in favor of the requirement of the code

27  which offers the greatest degree of lifesafety or alternatives

28  which would provide an equivalent degree of lifesafety and an

29  equivalent method of construction.

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

31  the local building official may be appealed to a local


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  1  administrative board designated by the municipality, county,

  2  or special district having firesafety responsibilities. If the

  3  decision of the local fire official and the local building

  4  official is to apply the provisions of either the Florida

  5  Building Code or the Florida Fire Prevention Code and the Life

  6  Safety Code, the board may not alter the decision unless the

  7  board determines that the application of such code is not

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

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

10  codes, the local administrative board shall give due regard to

11  the decision rendered by the local officials and may modify

12  that decision if the administrative board adopts a better

13  alternative, taking into consideration all relevant

14  circumstances.  In any case in which the local administrative

15  board adopts alternatives to the decision rendered by the

16  local fire official and the local building official, such

17  alternatives shall provide an equivalent degree of lifesafety

18  and an equivalent method of construction as the decision

19  rendered by the local officials.

20         (c)  If the local building official and the local fire

21  official are unable to agree on a resolution of the conflict

22  between the Florida Building Code and the Florida Fire

23  Prevention Code and the Life Safety Code, the local

24  administrative board shall resolve the conflict in favor of

25  the code which offers the greatest degree of lifesafety or

26  alternatives which would provide an equivalent degree of

27  lifesafety and an equivalent method of construction.

28         (d)  All decisions of the local administrative board,

29  or if none exists, the decisions of the local building

30  official and the local fire official, are subject to review by

31  a joint committee composed of members of the Florida Building


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  1  Commission and the Fire Code Advisory Council. If the joint

  2  committee is unable to resolve conflicts between the codes as

  3  applied to a specific project, the matter shall be resolved

  4  pursuant to the provisions of paragraph (1)(d).

  5         (e)(d)  The local administrative board shall, to the

  6  greatest extent possible, be composed of members with

  7  expertise in building construction and firesafety standards.

  8         (f)(e)  All decisions of the local building official

  9  and local fire official and all decisions of the

10  administrative board shall be in writing and shall be binding

11  upon all persons but shall not limit the authority of the

12  State Fire Marshal or the Florida Building Commission pursuant

13  to paragraph(1)(d) and ss. 663.01 and 633.161. Decisions of

14  general application shall be indexed by building and fire code

15  sections and shall be available for inspection during normal

16  business hours.

17         (9)(10)  Except within coastal building zones as

18  defined in s. 161.54, specification standards developed by

19  nationally recognized code promulgation organizations to

20  determine compliance with engineering criteria of the Florida

21  Building Code for wind load design shall not apply to one or

22  two family dwellings which are two stories or less in height

23  unless approved by the commission for use or unless expressly

24  made subject to said standards and criteria by local ordinance

25  adopted in accordance with the provisions of subsection (4).

26         (10)(11)  The Florida Building Code does not apply to,

27  and no code enforcement action shall be brought with respect

28  to, zoning requirements, land use requirements, and owner

29  specifications or programmatic requirements which do not

30  pertain to and govern the design, construction, erection,

31  alteration, modification, repair, or demolition of public or


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  1  private buildings, structures, or facilities or to

  2  programmatic requirements that do not pertain to enforcement

  3  of the Florida Building Code.  Additionally, a local code

  4  enforcement agency may not administer or enforce the Florida

  5  Building Code to prevent the siting of any publicly owned

  6  facility, including, but not limited to, correctional

  7  facilities, juvenile justice facilities, or state

  8  universities, community colleges, or public education

  9  facilities, as provided by law.

10         (12)  In addition to the requirements of ss. 553.79 and

11  553.80, facilities subject to the provisions of chapter 395

12  and part II of chapter 400 shall have facility plans reviewed

13  and construction surveyed by the state agency authorized to do

14  so under the requirements of chapter 395 and part II of

15  chapter 400 and the certification requirements of the Federal

16  Government.

17         Section 70.  Subsections (3) and (4) of section 553.74,

18  Florida Statutes, are amended to read:

19         553.74  Florida Building Commission.--

20         (3)  Members of the commission board shall serve

21  without compensation, but shall be entitled to reimbursement

22  for per diem and travel expenses as provided by s. 112.061.

23         (4)  Each appointed member is accountable to the

24  Governor for the proper performance of the duties of the

25  office. The Governor shall cause to be investigated any

26  complaint or unfavorable report received concerning an action

27  of the commission board or any member and shall take

28  appropriate action thereon.  The Governor may remove from

29  office any appointed member for malfeasance, misfeasance,

30  neglect of duty, incompetence, permanent inability to perform

31


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  1  official duties, or pleading guilty or nolo contendere to, or

  2  being found guilty of, a felony.

  3         Section 71.  Subsection (2) of section 553.77, Florida

  4  Statutes, is amended to read:

  5         553.77  Specific powers of the commission.--

  6         (2)  Upon written application by a private party or a

  7  local enforcement agency, the commission may also:

  8         (a)  Provide for the testing of materials, devices, and

  9  method of construction.

10         (b)  Appoint experts, consultants, technical advisers,

11  and advisory committees for assistance and recommendations

12  relating to the State Minimum Building Codes.

13         (c)  Appoint an advisory committee consisting of at

14  least five plumbing contractors licensed to do business in

15  this state for assistance and recommendations relating to

16  plumbing code interpretations, if the commission identifies

17  the need for additional assistance in making decisions

18  regarding the State Plumbing Code.

19         (d)  Provide technical assistance and issue advisory

20  opinions concerning the technical and administrative

21  provisions of the State Minimum Building Codes.

22         Section 72.  Effective January 1, 2001, subsections

23  (1), (3), and (6) of section 553.77, Florida Statutes, as

24  amended by section 46 of chapter 98-287, Laws of Florida, are

25  amended to read:

26         553.77  Specific powers of the commission.--

27         (1)  The commission shall:

28         (a)  Adopt and update the Florida Building Code or

29  amendments thereto, pursuant to ss. 120.536(1) and 120.54, as

30  necessary for execution of the powers and responsibilities

31  authorized by this act.


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  1         (b)  Make a continual study of the operation of the

  2  Florida Building Code and other laws relating to the design,

  3  construction, erection, alteration, modification, repair, or

  4  demolition of public or private buildings, structures, and

  5  facilities, including manufactured buildings, and code

  6  enforcement, to ascertain their effect upon the cost of

  7  building construction and determine the effectiveness of their

  8  provisions. Upon updating the Florida Building Code every 3

  9  years, the commission shall review existing provisions of law

10  and make recommendations to the Legislature for the next

11  regular session of the Legislature regarding provisions of law

12  that should be revised or repealed to ensure consistency with

13  the Florida Building Code at the point the update goes into

14  effect. State agencies and local jurisdictions shall provide

15  such information as requested by the commission for evaluation

16  of and recommendations for improving the effectiveness of the

17  system of building code laws for reporting to the Legislature

18  annually. Failure to comply with this or other requirements of

19  this act must be reported to the Legislature for further

20  action. Any proposed legislation providing for the revision or

21  repeal of existing laws and rules relating to technical

22  requirements applicable to building structures or facilities

23  should expressly state that such legislation is not intended

24  to imply any repeal or sunset of existing general or special

25  laws that are not specifically identified in the legislation.

26         (c)  Upon written application by any substantially

27  affected person or a local enforcement agency, issue

28  declaratory statements pursuant to s. 120.565 relating to new

29  technologies, techniques, and materials which have been tested

30  where necessary and found to meet the objectives of the

31  Florida Building Code.


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  1         (d)  Upon written application by any substantially

  2  affected person, state agency, or a local enforcement agency,

  3  issue declaratory statements pursuant to s. 120.565 relating

  4  to the interpretation, enforcement or, administration, or

  5  modification by local governments of the Florida Building

  6  Code. Paragraph (h) provides the exclusive remedy for

  7  addressing local interpretations of the code.

  8         (e)  When requested in writing by any substantially

  9  affected person, state agency, or a local enforcing agency,

10  shall issue declaratory statements pursuant to s. 120.565

11  relating to this part, which shall apply prospectively only.

12  Actions of the commission are subject to judicial review

13  pursuant to s. 120.68.

14         (f)  Make recommendations to, and provide assistance

15  upon the request of, the Florida Commission on Human Relations

16  regarding rules relating to accessibility for persons with

17  disabilities.

18         (g)  Participate with the Florida Fire Code Advisory

19  Council created under s. 633.72, to provide assistance and

20  recommendations relating to firesafety code interpretations.

21  The administrative staff of the commission shall attend

22  meetings of the Florida Fire Code Advisory Council and

23  coordinate efforts to provide consistency between the Florida

24  Building Code and the Florida Fire Prevention Code and the

25  Life Safety Code.

26         (h)  Hear appeals of the decisions of local boards of

27  appeal regarding interpretation decisions of local building

28  officials, or if no local board exists, hear appeals of

29  decisions of the building officials regarding interpretations

30  of the code.  For such appeals:

31


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  1         1.  Local decisions declaring structures to be unsafe

  2  and subject to repair or demolition shall not be appealable to

  3  the commission if the local governing body finds there is an

  4  immediate danger to the health and safety of its citizens.

  5         2.  All appeals shall be heard in the county of the

  6  jurisdiction defending the appeal.

  7         3.  Actions of the commission are subject to judicial

  8  review pursuant to s. 120.68.

  9         (i)  Determine the types of products requiring approval

10  for local or statewide use and shall provide for the

11  evaluation and approval of such products, materials, devices,

12  and method of construction for statewide use. The commission

13  may prescribe by rule a schedule of reasonable fees to provide

14  for evaluation and approval of products, materials, devices,

15  and methods of construction. Evaluation and approval shall be

16  by action of the commission or delegated pursuant to s.

17  553.842 s. 553.84. This paragraph does not apply to products

18  approved by the State Fire Marshal.

19         (j)  Appoint experts, consultants, technical advisers,

20  and advisory committees for assistance and recommendations

21  relating to the major areas addressed in the Florida Building

22  Code.

23         (k)  Establish and maintain a mutual aid program,

24  organized through the department, to provide an efficient

25  supply of various levels of code enforcement personnel, design

26  professionals, commercial property owners, and construction

27  industry individuals, to assist in the rebuilding effort in an

28  area which has been hit with disaster.  The program shall

29  include provisions for:

30         1.  Minimum postdisaster structural, electrical, and

31  plumbing inspections and procedures.


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  1         2.  Emergency permitting and inspection procedures.

  2         3.  Establishing contact with emergency management

  3  personnel and other state and federal agencies.

  4         (l)  Maintain a list of interested parties for noticing

  5  rulemaking workshops and hearings, disseminating information

  6  on code adoption, revisions, amendments, and all other such

  7  actions which are the responsibility of the commission.

  8         (m)  Coordinate with the state and local governments,

  9  industry, and other affected stakeholders in the examination

10  of legislative provisions and make recommendations to fulfill

11  the responsibility to develop a consistent, single code.

12         (n)  Provide technical assistance to local building

13  departments in order to implement policies, procedures, and

14  practices which would produce the most cost-effective property

15  insurance ratings.

16         (o)  Develop recommendations for local governments to

17  use when pursuing partial or full privatization of building

18  department functions. The recommendations shall include, but

19  not be limited to, provisions relating to equivalency of

20  service, conflict of interest, requirements for competency,

21  liability, insurance, and long-term accountability.

22         (3)  Upon written application by any substantially

23  affected person, the commission shall issue a declaratory

24  statement pursuant to s. 120.565 relating to a state agency's

25  interpretation and enforcement of the specific provisions of

26  the Florida Building Code the agency is authorized to enforce

27  required under this section or relating to the conformity of

28  new technologies, techniques, and materials to the objectives

29  of the Florida Building Code.  The provisions of this

30  subsection shall not be construed to provide any powers, other

31  than advisory, to the commission with respect to any decision


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  1  of the State Fire Marshal made pursuant to the provisions of

  2  chapter 633.

  3         (6)  The commission may provide by rule for plans

  4  review and approval of prototype buildings owned by public and

  5  private entities to be replicated throughout the state.  Such

  6  approved plans or prototype buildings shall be exempt from

  7  further review required by s. 553.79(2), except changes to the

  8  prototype design, site plans, and other site-related items, or

  9  any local amendment to any part of the Florida Building Code.

10  Construction or erection of such prototype buildings is

11  subject to local permitting and inspections pursuant to this

12  part.

13         Section 73.  Paragraph (b) of subsection (2) of section

14  553.781, Florida Statutes, is amended to read:

15         553.781  Licensee accountability.--

16         (2)

17         (b)  If the licensee, certificateholder, or registrant

18  disputes the violation within 30 days following notification

19  by the local jurisdiction, the fine is abated and the local

20  jurisdiction shall report the dispute to the Department of

21  Business and Professional Regulation or the appropriate

22  professional licensing board for disciplinary investigation

23  and final disposition. If an administrative complaint is filed

24  by the department or the professional licensing board against

25  the certificateholder or registrant, the commission may

26  intervene in such proceeding. Any fine imposed by the

27  department or the professional licensing board, pursuant to

28  matters reported by the local jurisdiction to the department

29  or the professional licensing board, shall be divided equally

30  between the board and the local jurisdiction which reported

31  the violation.


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  1         Section 74.  Subsections (3) and (5), paragraph (a) of

  2  subsection (7), and subsections (10), (12), (14) and (16) of

  3  section 553.79, Florida Statutes, are amended to read:

  4         553.79  Permits; applications; issuance; inspections.--

  5         (3)  The State Minimum Building Codes, after the

  6  effective date of their adoption pursuant to the provisions of

  7  this part, shall supersede all other building construction

  8  codes or ordinances in the state, whether at the local or

  9  state level and whether adopted by administrative regulation

10  or by legislative enactment, unless such building construction

11  codes or ordinances are more stringent than the State Minimum

12  Building Codes and the conditions of s. 553.73(4) are met.

13  However, this subsection does not apply to manufactured mobile

14  homes as defined by chapter 320.  Nothing contained in this

15  subsection shall be construed as nullifying or divesting

16  appropriate state or local agencies of authority to make

17  inspections or to enforce the codes within their respective

18  areas of jurisdiction.

19         (5)(a)  The enforcing agency shall require a special

20  inspector to perform structural inspections on a threshold

21  building pursuant to a structural inspection plan prepared by

22  the engineer or architect of record. The structural inspection

23  plan must be submitted to and approved by the enforcing agency

24  prior to the issuance of a building permit for the

25  construction of a threshold building.  The purpose of the

26  structural inspection plan is to provide specific inspection

27  procedures and schedules so that the building can be

28  adequately inspected for compliance with the permitted

29  documents. The special inspector may not serve as a surrogate

30  in carrying out the responsibilities of the building official,

31  the architect, or the engineer of record. The contractor's


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  1  contractual or statutory obligations are not relieved by any

  2  action of the special inspector. The special inspector shall

  3  determine that a professional engineer who specializes in

  4  shoring design has inspected inspect the shoring and reshoring

  5  for conformance with the shoring and reshoring plans submitted

  6  to the enforcing agency. A fee simple title owner of a

  7  building, which does not meet the minimum size, height,

  8  occupancy, occupancy classification, or number-of-stories

  9  criteria which would result in classification as a threshold

10  building under s. 553.71(7), may designate such building as a

11  threshold building, subject to more than the minimum number of

12  inspections required by the Florida Building Code.

13         (b)  The fee owner of a threshold building shall select

14  and pay all costs of employing a special inspector, but the

15  special inspector shall be responsible to the enforcement

16  agency.  The inspector shall be a person certified, licensed,

17  or registered under chapter 471 as an engineer or under

18  chapter 481 as an architect.

19         (c)  The commission shall, by rule, establish a

20  qualification program for special inspectors and shall compile

21  a list of persons qualified to be special inspectors.  Special

22  inspectors shall not be required to meet standards for

23  qualification other than those established by the commission,

24  nor shall the fee owner of a threshold building be prohibited

25  from selecting any person qualified by the commission to be a

26  special inspector. The architect or engineer of record may act

27  as the special inspector provided she or he is on the Board of

28  Professional Engineers' or the Board of Architecture and

29  Interior Design's list of persons qualified to be special

30  inspectors.  School boards may utilize employees as special

31  inspectors provided such employees are on one of the


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  1  professional licensing board's list of persons qualified to be

  2  special inspectors.

  3         (d)  The licensed architect or registered engineer

  4  serving as the special inspector shall be permitted to send

  5  her or his duly authorized representative to the job site to

  6  perform the necessary inspections provided all required

  7  written reports are prepared by and bear the seal of the

  8  special inspector and are submitted to the enforcement agency.

  9         (7)  Each enforcement agency shall require that, on

10  every threshold building:

11         (a)  The special inspector, upon completion of the

12  building and prior to the issuance of a certificate of

13  occupancy, file a signed and sealed statement with the

14  enforcement agency in substantially the following form: To the

15  best of my knowledge and belief, the above-described

16  construction of all structural load-bearing components

17  described in the threshold inspection plan complies with the

18  permitted documents, and the specialty shoring design

19  professional engineer has ascertained that the shoring and

20  reshoring conforms with the shoring and reshoring plans

21  submitted to the enforcement agency.

22         (10)  An enforcing authority may not issue a building

23  permit for any building construction, erection, alteration,

24  repair, or addition unless the permit either includes on its

25  face or there is attached to the permit the following

26  statement: "NOTICE: In addition to the requirements of this

27  permit, there may be additional restrictions applicable to

28  this property that may be found in the public records of this

29  county, and there may be additional permits required from

30  other governmental entities such as water management

31  districts, state agencies, or federal agencies."


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  1         (12)  Nothing in this section shall be construed to

  2  alter or supplement the provisions of part IV of this chapter

  3  relating to manufactured buildings factory-built housing.

  4         (14)  A building permit for a single-family residential

  5  dwelling must be issued within 30 working days of application

  6  therefor unless unusual circumstances require a longer time

  7  for processing the application or unless the permit

  8  application fails to satisfy the enforcing agency's laws,

  9  ordinances, or codes.

10         (16)(a)  The Florida Building Commission shall

11  establish, within the Florida Building Code adopted by rule,

12  standards for permitting residential buildings or structures

13  moved into or within a county or municipality when such

14  structures do not or cannot comply with the code. However,

15  such buildings or structures shall not be required to be

16  brought into compliance with the state minimum building code

17  in force at the time the building or structure is moved,

18  provided:

19         1.  The building or structure is structurally sound and

20  in occupiable condition for its intended use;

21         2.  The occupancy use classification for the building

22  or structure is not changed as a result of the move;

23         3.  The building is not substantially remodeled;

24         4.  Current fire code requirements for ingress and

25  egress are met;

26         5.  Electrical, gas, and plumbing systems meet the

27  codes in force at the time of construction and are operational

28  and safe for reconnection; and

29         6.  Foundation plans are sealed by a professional

30  engineer or architect licensed to practice in this state, if

31


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  1  required by the building code for all residential buildings or

  2  structures of the same occupancy class;

  3         (b)  The building official shall apply the same

  4  standard to a moved residential building or structure as that

  5  applied to the remodeling of any comparable residential

  6  building or structure to determine whether the moved structure

  7  is substantially remodeled.  The cost of moving the building

  8  and the cost of the foundation on which the moved building or

  9  structure is placed shall not be included in the cost of

10  remodeling for purposes of determining whether a moved

11  building or structure has been substantially remodeled.

12         Section 75.  Effective January 1, 2001, subsections

13  (2), (3), (6), and (9) of section 553.79, Florida Statutes, as

14  amended by section 49 of chapter 98-287, Laws of Florida, are

15  amended to read:

16         553.79  Permits; applications; issuance; inspections.--

17         (2)  No enforcing agency may issue any permit for

18  construction, erection, alteration, modification, repair, or

19  demolition of any building or structure until the local

20  building code administrator or inspector, in conjunction with

21  the appropriate firesafety inspector, has reviewed the plans

22  and specifications for such proposal and both officials have

23  found the plans to be in compliance with the Florida Building

24  Code. In addition, an enforcing agency may not issue any

25  permit for construction, erection, alteration, modification,

26  repair, or demolition of any building until the appropriate

27  firesafety inspector certified pursuant to s. 633.081 has

28  reviewed the plans and specifications for such proposal and

29  found that the plans comply with and the Florida Fire

30  Prevention Code and the Life Safety Code as determined by the

31  local authority in accordance with this chapter and chapter


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  1  633. Building plans approved pursuant to s. 553.77(6) and

  2  state-approved manufactured buildings are exempt from local

  3  codes enforcing agency plan reviews except for provisions of

  4  the code relating to erection, assembly, or construction at

  5  the site.  Erection, assembly, and construction at the site

  6  are subject to local permitting and inspections. Any building

  7  or structure which is not subject to a firesafety code and any

  8  building or structure which is exempt from the local building

  9  permit process shall not be required to have its plans

10  reviewed by the firesafety inspector local officials. Any

11  building or structure that is exempt from the local building

12  permit process may not be required to have its plans reviewed

13  by the local building code administrator. Industrial

14  construction on sites where design, construction, and

15  firesafety are supervised by appropriate design and inspection

16  professionals and which contain adequate in-house fire

17  departments and rescue squads is exempt, subject to local

18  government option, from review of plans and inspections,

19  providing owners certify that applicable codes and standards

20  have been met and supply appropriate approved drawings to

21  local building and firesafety inspectors.  The enforcing

22  agency shall issue a permit to construct, erect, alter,

23  modify, repair, or demolish any building or structure when the

24  plans and specifications for such proposal comply with the

25  provisions of the Florida Building Code and the Florida Fire

26  Prevention Code and the Life Safety Code as determined by the

27  local authority in accordance with this chapter and chapter

28  633.

29         (3)  Except as provided in this chapter, the Florida

30  Building Code, after the effective date of adoption pursuant

31  to the provisions of this part, shall supersede all other


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  1  building construction codes or ordinances in the state,

  2  whether at the local or state level and whether adopted by

  3  administrative regulation or by legislative enactment.

  4  However, this subsection does not apply to the construction of

  5  manufactured manufacture of mobile homes as defined by federal

  6  law.  Nothing contained in this subsection shall be construed

  7  as nullifying or divesting appropriate state or local agencies

  8  of authority to make inspections or to enforce the codes

  9  within their respective areas of jurisdiction.

10         (6)  A No permit may not be issued for any building

11  construction, erection, alteration, modification, repair, or

12  addition unless the applicant for such permit complies with

13  the requirements for plan review established by the Florida

14  Building Commission within the Florida Building Code. provides

15  to the enforcing agency which issues the permit any of the

16  following documents which apply to the construction for which

17  the permit is to be issued and which shall be prepared by or

18  under the direction of an engineer registered under chapter

19  471:

20         (a)  Electrical documents for any new building or

21  addition which requires an aggregate service capacity of 600

22  amperes (240 volts) or more on a residential electrical system

23  or 800 amperes (240 volts) or more on a commercial or

24  industrial electrical system and which costs more than

25  $50,000.

26         (b)  Plumbing documents for any new building or

27  addition which requires a plumbing system with more than 250

28  fixture units or which costs more than $50,000.

29         (c)  Fire sprinkler documents for any new building or

30  addition which includes a fire sprinkler system which contains

31  50 or more sprinkler heads.  A Contractor I, Contractor II, or


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  1  Contractor IV, certified under s. 633.521, may design a fire

  2  sprinkler system of 49 or fewer heads and may design the

  3  alteration of an existing fire sprinkler system if the

  4  alteration consists of the relocation, addition, or deletion

  5  of not more than 49 heads, notwithstanding the size of the

  6  existing fire sprinkler system.

  7         (d)  Heating, ventilation, and air-conditioning

  8  documents for any new building or addition which requires more

  9  than a 15-ton-per-system capacity which is designed to

10  accommodate 100 or more persons or for which the system costs

11  more than $50,000.  This paragraph does not include any

12  document for the replacement or repair of an existing system

13  in which the work does not require altering a structural part

14  of the building or for work on a residential one-family,

15  two-family, three-family, or four-family structure.

16         (e)  Any specialized mechanical, electrical, or

17  plumbing document for any new building or addition which

18  includes a medical gas, oxygen, steam, vacuum, toxic air

19  filtration, halon, or fire detection and alarm system which

20  costs more than $5,000.

21

22  Documents requiring an engineer seal by this part shall not be

23  valid unless a professional engineer who possesses a valid

24  certificate of registration has signed, dated, and stamped

25  such document as provided in s. 471.025.

26         (9)  Any state agency whose enabling legislation

27  authorizes it to enforce provisions of the Florida Building

28  Code may enter into an agreement with any other unit of

29  government to delegate its responsibility to enforce those

30  provisions and may with building construction responsibility

31  is authorized to expend public funds for permit and inspection


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  1  fees, which fees may be no greater than the fees charged

  2  others.

  3         Section 76.  Effective January 1, 2001, subsection (1)

  4  and paragraph (a) of subsection (6) of section 553.80, Florida

  5  Statutes, as amended by section 51 of chapter 98-287, Laws of

  6  Florida, are amended, and paragraph (d) is added to subsection

  7  (6) of that section, to read:

  8         553.80  Enforcement.--

  9         (1)  Except as provided in paragraphs (a)-(e), It shall

10  be the responsibility of each local government and each

11  legally constituted enforcement district with statutory

12  authority shall to regulate building construction and, where

13  authorized in the state agency's enabling legislation, each

14  state agency shall to enforce the Florida Building Code

15  required by this part on all public or private buildings,

16  structures, and facilities, unless such responsibility has

17  been delegated to another unit of government pursuant to s.

18  553.79(9).

19         (a)  Construction regulations relating to correctional

20  facilities under the jurisdiction of the Department of

21  Corrections and the Department of Juvenile Justice are to be

22  enforced exclusively by those departments.

23         (b)  Construction regulations relating to elevator

24  equipment under the jurisdiction of the Bureau of Elevators of

25  the Department of Business and Professional Regulation shall

26  be enforced exclusively by that department.

27         (c)  In addition to the requirements of s. 553.79 and

28  this section, facilities subject to the provisions of chapter

29  395 and part II of chapter 400 shall have facility plans

30  reviewed and construction surveyed by the state agency

31  authorized to do so under the requirements of chapter 395 and


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  1  part II of chapter 400 and the certification requirements of

  2  the Federal Government.

  3         (d)  Building plans approved pursuant to s. 553.77(6)

  4  and state-approved manufactured buildings, including buildings

  5  manufactured and assembled offsite and not intended for

  6  habitation, such as lawn storage buildings and storage sheds,

  7  are exempt from local code enforcing agency plan reviews

  8  except for provisions of the code relating to erection,

  9  assembly, or construction at the site. Erection, assembly, and

10  construction at the site are subject to local permitting and

11  inspections.

12         (e)  Construction regulations governing public schools,

13  state universities, and community colleges shall be enforced

14  as provided in subsection (6).

15

16  The governing bodies of local governments may provide a

17  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

18  and this section, for the enforcement of the provisions of

19  this part.  Such fees shall be used solely for carrying out

20  the local government's responsibilities in enforcing the

21  Florida Building Code. The authority of state enforcing

22  agencies to set fees for enforcement shall be derived from

23  authority existing on July 1, 1998 the effective date of this

24  act. However, nothing contained in this subsection shall

25  operate to limit such agencies from adjusting their fee

26  schedule in conformance with existing authority.

27         (6)  Notwithstanding any other provision of law, state

28  universities, community colleges, and public school districts

29  shall be subject to enforcement of the Florida Building Code

30  pursuant to this part.

31


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  1         (a)  State universities, state community colleges, or

  2  public school districts shall conduct plan review and

  3  construction inspections to enforce building code compliance

  4  for their building projects that are subject to the Florida

  5  Building Code. Such entities shall use have personnel or

  6  contract providers appropriately certified under part XII of

  7  chapter 468 to perform the plan reviews and inspections

  8  required by the code. Under such arrangements, such entities

  9  shall not be subject to local government permitting

10  requirements, plans review, and inspection fees. State

11  universities, state community colleges, and public school

12  districts shall be liable and responsible for all of their

13  buildings, structures, and facilities. Nothing in this

14  paragraph shall be construed to limit the authority of the

15  county, municipality, or code enforcement district to ensure

16  that buildings, structures, and facilities owned by such

17  entities comply with the Florida Building Code or to limit the

18  authority and responsibility of the fire official to conduct

19  firesafety inspections pursuant to chapter 633.

20         (d)  School boards, community college boards, and state

21  universities may use annual facility maintenance permits to

22  facilitate routine maintenance, emergency repairs, building

23  refurbishment, and minor renovations of systems or equipment.

24  The amount expended for maintenance projects may not exceed

25  $200,000 per project. A facility maintenance permit is valid

26  for 1 year. A detailed log of alterations and inspections must

27  be maintained and annually submitted to the building official.

28  The building official retains the right to make inspections at

29  the facility site as he or she considers necessary. Code

30  compliance must be provided upon notification by the building

31  official. If a pattern of code violations is found, the


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  1  building official may withhold the issuance of future annual

  2  facility maintenance permits.

  3

  4  Nothing in this part shall be construed to authorize counties,

  5  municipalities, or code enforcement districts to conduct any

  6  permitting, plans review, or inspections not covered by the

  7  Florida Building Code. Any actions by counties or

  8  municipalities not in compliance with this part may be

  9  appealed to the Florida Building Commission. The commission,

10  upon a determination that actions not in compliance with this

11  part have delayed permitting or construction, may suspend the

12  authority of a county, municipality, or code enforcement

13  district to enforce the Florida Building Code on the

14  buildings, structures, or facilities of a state university,

15  state community college, or public school district and provide

16  for code enforcement at the expense of the state university,

17  state community college, or public school district.

18         Section 77.  Effective January 1, 2001, section 553.83,

19  Florida Statutes, is amended to read:

20         553.83  Injunctive relief.--Any local government,

21  legally constituted enforcement district, or state agency

22  authorized to enforce sections of the Florida Building Code

23  under s. 553.80 code enforcing agency may seek injunctive

24  relief from any court of competent jurisdiction to enjoin the

25  offering for sale, delivery, use, occupancy, erection,

26  alteration, or installation of any building covered by this

27  part, upon an affidavit of the local government, code

28  enforcement district, or state code enforcing agency

29  specifying the manner in which the building does not conform

30  to the requirements of the Florida portion of the State

31  Minimum Building Code, or local amendments to the Florida


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  1  Building Code Codes adopted in that jurisdiction.

  2  Noncompliance with the a building code promulgated under this

  3  part shall be considered prima facie evidence of irreparable

  4  damage in any cause of action brought under authority of this

  5  part.

  6         Section 78.  Effective January 1, 2001, section 553.84,

  7  Florida Statutes, is amended to read:

  8         553.84  Statutory civil action.--Notwithstanding any

  9  other remedies available, any person or party, in an

10  individual capacity or on behalf of a class of persons or

11  parties, damaged as a result of a violation of this part or

12  the Florida State Minimum Building Code Codes, has a cause of

13  action in any court of competent jurisdiction against the

14  person or party who committed the violation.

15         Section 79.  Subsections (2), (3), and (9) of section

16  553.841, Florida Statutes, are amended, and subsection (11) is

17  added to that section, to read:

18         553.841  Building code training program; participant

19  competency requirements.--

20         (2)  The commission shall establish by rule the

21  Building Code Training Program to develop and provide a core

22  curriculum and advance module courses relating to the Florida

23  Building Code and a system of administering and enforcing the

24  Florida Building Code.

25         (3)  The program shall be developed, implemented, and

26  administered by the commission in consultation with the

27  Department of Education, the Department of Community Affairs,

28  the Department of Business and Professional Regulation, the

29  State Fire Marshal, the State University System, and the

30  Division of Community Colleges.

31


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  1         (9)  The commission, in consultation with the

  2  Department of Business and Professional Regulation, shall

  3  develop or cause to be developed, or approve as a part of the

  4  program, a core curriculum and specialized or advanced module

  5  coursework for the construction workforce, including, but not

  6  limited to, superintendents and, journeymen, and residential

  7  designers.

  8         (11)  The Legislature establishes an Office of Building

  9  Code Training Program Administration within the Institute of

10  Applied Technology in Construction Excellence at the Florida

11  Community College at Jacksonville. The office is charged with

12  the following responsibilities as recommended by the Florida

13  Building Code Commission and as resources are provided by the

14  Legislature:

15         (a)  To provide research-to-practice capability for

16  entry-level construction training development, delivery, and

17  quality assurance, as well as training and competency registry

18  systems and recruitment initiatives.

19         (b)  To coordinate with the Department of Community

20  Affairs and the Florida Building Code Commission to serve as a

21  school liaison to disseminate construction awareness and

22  promotion programs and materials to schools.

23         Section 80.  Subsection (1) of section 553.842, Florida

24  Statutes, is amended, present subsections (5) through (12) of

25  that section are redesignated as subsections (6) through (13),

26  respectively, and a new subsection (5) is added to that

27  section to read:

28         553.842  Product evaluation and approval.--

29         (1)  The commission shall make recommendations to the

30  Legislature by February 1, 2001, for a statewide may adopt

31  rules pursuant to ss. 120.536(1) and 120.54 to develop and


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  1  implement a product evaluation and approval system to operate

  2  in coordination with the Florida Building Code.  The product

  3  evaluation and approval system shall provide:

  4         (a)  Appropriate promotion of innovation and new

  5  technologies.

  6         (b)  Processing submittals of products from

  7  manufacturers in a timely manner.

  8         (c)  Independent, third-party qualified and accredited

  9  testing and laboratory facilities.

10         (d)  An easily accessible product acceptance list to

11  entities subject to the Florida Building Code.

12         (e)  Development of stringent but reasonable testing

13  criteria based upon existing consensus standards, when

14  available, for products.

15         (f)  Long-term approvals, where feasible.

16         (g)  Recall or revocation of a product approval.

17         (h)  Cost-effectiveness.

18         (5)  Notwithstanding subsection (4), any county defined

19  in s. 125.011 or a county operating under a home rule charter

20  adopted on or before November 5, 1974, are not precluded from

21  requiring its own testing, evaluation, or submission of other

22  evidence as a condition of using the product within that

23  county, regardless of whether such testing, evaluation, or

24  submission of other evidence is more stringent than, or

25  otherwise differs from, that required for statewide approval.

26

27  For purposes of this section, an approved product evaluation

28  entity is an entity that has been accredited by a nationally

29  recognized independent evaluation authority or entity

30  otherwise approved by the commission.

31


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  1         Section 81.  Effective January 1, 2001, section 553.85,

  2  Florida Statutes, is amended to read:

  3         553.85  Liquefied petroleum gases.--The provisions of

  4  the Florida State Minimum Building Code Codes and the rules

  5  and regulations adopted thereunder for the design,

  6  construction, location, installation, services, and operation

  7  of equipment for storing, handling, transporting, and

  8  utilization of liquefied petroleum gases shall not be in

  9  conflict with chapter 527.

10         Section 82.  Section 553.901, Florida Statutes, is

11  amended to read:

12         553.901  Purpose of thermal efficiency code.--By

13  January 1, 2001, the Department of Community Affairs shall

14  prepare a The purpose of this thermal efficiency code is to

15  provide for a statewide uniform standard for energy efficiency

16  in the thermal design and operation of all buildings

17  statewide, consistent with energy conservation goals, and to

18  best provide for public safety, health, and general welfare.

19  The Florida Building Commission shall adopt the Florida Energy

20  Efficiency Code for Building Construction within the Florida

21  Building Code, and Department of Community Affairs shall

22  adopt, modify, revise, update, and maintain the Florida Energy

23  Efficiency code for Building Construction to implement the

24  provisions of this thermal efficiency code and amendments

25  thereto, in accordance with the procedures of chapter 120.

26  The department shall, at least triennially, determine the most

27  cost-effective energy-saving equipment and techniques

28  available and report its determinations to the commission,

29  which shall update the code to incorporate such equipment and

30  techniques.  The proposed changes shall be made available for

31  public review and comment no later than 6 months prior to code


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  1  implementation.  The term "cost-effective," for the purposes

  2  of this part, shall be construed to mean cost-effective to the

  3  consumer.

  4         Section 83.  Subsections (1), (4), (6), and (7) of

  5  section 553.902, Florida Statutes, are amended to read:

  6         553.902  Definitions.--For the purposes of this part:

  7         (1)  "Exempted building" means:

  8         (a)  Any building or portion thereof whose peak design

  9  rate of energy usage for all purposes is less than 1 watt (3.4

10  Btu per hour) per square foot of floor area for all purposes.

11         (b)  Any building which is neither heated nor cooled by

12  a mechanical system designed to control or modify the indoor

13  temperature and powered by electricity or fossil fuels.

14         (c)  Any building for which federal mandatory standards

15  preempt state energy codes.

16         (d)  Any historical building as described in s.

17  267.021(6).

18         (e)  Any state building that must conform to the more

19  stringent "Florida Energy Conservation Act of 1974" and

20  amendments thereto.

21

22  The Florida Building Commission may recommend to the

23  Legislature additional types of buildings which should be

24  exempted from compliance with the Florida Energy Efficiency

25  Code for Building Construction.

26         (4)  "Local enforcement agency" means the agency of

27  local government which has the authority to make inspections

28  of buildings and to enforce the Florida Building Code a code

29  or codes which establish standards for construction,

30  renovation, or occupancy of buildings. It includes any agency

31  within the definition of s. 553.71(5).


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  1         (6)  "Energy performance index" or "EPI" means a number

  2  describing the relative energy performance of a residential

  3  building as compared to a residential building designed to

  4  baseline energy performance levels for the envelope, HVAC, and

  5  water heating components.  The number shall be calculated

  6  according to rules and procedures promulgated by the

  7  Department of Community Affairs.

  8         (6)(7)  "Energy performance level" means the indicator

  9  of the energy-related performance of a building, including,

10  but not limited to, the levels of insulation, the amount and

11  type of glass, and the HVAC and water heating system

12  efficiencies.

13         Section 84.  Section 553.903, Florida Statutes, is

14  amended to read:

15         553.903  Applicability.--This part shall apply to all

16  new and renovated buildings in the state, except exempted

17  buildings, for which building permits are obtained after March

18  15, 1979, and to the installation or replacement of building

19  systems and components with new products for which thermal

20  efficiency standards are set by the Florida Energy Efficiency

21  Code for Building Construction. The provisions of this part

22  shall constitute a statewide uniform code. The criteria for

23  compliance shall include the provision that the performance

24  level of a building built to such thermal performance

25  standards shall not vary more than 5 percent as a result of

26  choice of energy source.

27         Section 85.  Section 553.907, Florida Statutes, is

28  amended to read:

29         553.907  Compliance.--Owners of all buildings required

30  to comply with this part, or their agents, must certify

31  compliance to the designated local enforcement agency prior to


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  1  receiving the permit to begin construction or renovation.  If,

  2  during the building construction or renovation, alterations

  3  are made in the design, materials, or equipment which would

  4  diminish the energy performance of the building, an amended

  5  copy of the compliance certification must be submitted to the

  6  local enforcement agency on or before the date of final

  7  inspection by the building owner or his or her agent and must

  8  be placed on the building permit. Each local enforcement

  9  agency shall report to the department any information

10  concerning compliance certifications and amendments at such

11  intervals as the department designates by rule adopted in

12  accordance with chapter 120.

13         Section 86.  Section 553.9085, Florida Statutes, is

14  amended to read:

15         553.9085  Energy performance disclosure for residential

16  buildings.--The energy performance level resulting from

17  compliance with the provisions of this part, for each new

18  residential building, shall be disclosed at the request of the

19  prospective purchaser.  In conjunction with the normal

20  responsibilities and duties of this part, the local building

21  official shall require that a complete and accurate energy

22  performance level display card be completed and certified by

23  the builder as accurate and correct before final approval of

24  the building for occupancy.  The energy performance level

25  display card shall be included as an addendum to each sales

26  contract executed after January 1, 1994.  The display card

27  shall be uniform statewide and developed by the Department of

28  Community Affairs. At a minimum, the display card shall list

29  information indicating the energy performance level of the

30  dwelling unit, including an EPI when appropriate, resulting

31  from compliance with the code, shall be signed by the builder,


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  1  and shall list general information about the energy

  2  performance level and the code.

  3         Section 87.  Subsection (1) of section 553.909, Florida

  4  Statutes, is amended to read:

  5         553.909  Setting requirements for appliances;

  6  exceptions.--

  7         (1)  The Florida Energy Efficiency Code for Building

  8  Construction shall set the minimum requirements for heat traps

  9  and thermostat settings for water heaters sold after October

10  1, 1980, for residential use shall be installed with a heat

11  trap and shall have the thermostat set at 110 °F or whatever

12  minimum the unit is capable of if it exceeds 110 °F. The code

13  shall further establish the minimum acceptable standby loss

14  for electric water heaters and the minimum recovery efficiency

15  and standby loss for may not have a standby loss which exceeds

16  4 watts per square foot of tank surface per hour. water

17  heaters fueled by natural gas or liquefied petroleum gas in

18  any form which are sold or installed after March 1, 1981,

19  shall have a recovery efficiency of 75 percent or more and

20  shall have a standby loss in percent per hour not exceeding

21  the number determined by dividing 67 by the volume of the tank

22  in gallons and adding the result to 2.8.

23         Section 88.  Subsection (1) of section 627.0629,

24  Florida Statutes, is amended to read:

25         627.0629  Residential property insurance; rate

26  filings.--

27         (1)  Effective July 1, 2001 1994, a rating manual rate

28  filing for residential property insurance must include

29  appropriate discounts, credits, or other rate differentials,

30  or appropriate reductions in deductibles, for properties on

31  which fixtures or construction techniques actuarially


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  1  demonstrated to reduce the amount of loss in a windstorm have

  2  been installed or implemented. The fixtures or construction

  3  techniques shall include, but not be limited to, fixtures or

  4  techniques that enhance roof strength, roof-to-wall strength,

  5  wall-to-floor-to-foundation strength, and window, door, and

  6  skylight strength.

  7         Section 89.  Effective January 1, 2001, subsection (6)

  8  of section 633.01, Florida Statutes, as amended by section 57

  9  of chapter 98-287, Laws of Florida, is amended to read:

10         633.01  State Fire Marshal; powers and duties; rules.--

11         (6)  Only the State Fire Marshal may issue, and, when

12  requested in writing by any substantially affected person or a

13  local enforcing agency, the State Fire Marshal shall issue The

14  Department of Insurance shall issue, when requested in writing

15  by any substantially affected person or a local enforcing

16  agency, declaratory statements pursuant to s. 120.565 relating

17  to the Florida Fire Prevention Code and the Life Safety Code.

18  Such declaratory statements shall apply prospectively, except

19  whenever the State Fire Marshal determines that a serious

20  threat to life exists that warrants retroactive application.

21         Section 90.  Effective January 1, 2001, subsections

22  (1), (2), (3), (4), and (5) of section 633.0215, Florida

23  Statutes, as created by section 59 of chapter 98-287, Laws of

24  Florida, are amended, and subsections (7), (8), (9), and (10)

25  are added to that section, to read:

26         633.0215  Florida Fire Prevention Code.--

27         (1)  The State Fire Marshal department shall adopt, by

28  rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire

29  Prevention Code which shall contain or incorporate by

30  reference all firesafety laws and rules that pertain to and

31  govern the design, construction, erection, alteration,


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    CS for CS for SB's 4 & 380                     First Engrossed



  1  modification, repair, and demolition of public and private

  2  buildings, structures, and facilities and the enforcement of

  3  such firesafety laws and rules. The department shall adopt a

  4  new edition of the Florida Fire Prevention Code every third

  5  year.

  6         (2)  The State Fire Marshal department shall adopt the

  7  National Fire Protection Association's Standard 1, Fire

  8  Prevention Code, but shall not adopt a building, mechanical,

  9  or plumbing code. The State Fire Marshal department shall

10  adopt the Life Safety Code, Pamphlet 101, current editions, by

11  reference.  The State Fire Marshal department may modify the

12  selected codes and standards as needed to accommodate the

13  specific needs of the state.  Standards or criteria in the

14  selected codes shall be similarly incorporated by reference.

15  The State Fire Marshal department shall incorporate within

16  sections of the Florida Fire Prevention Code provisions that

17  address uniform firesafety standards as established in s.

18  633.022.  The State Fire Marshal department shall incorporate

19  within sections of the Florida Fire Prevention Code provisions

20  addressing regional and local concerns and variations.

21         (3)  No later than 180 days before the triennial

22  adoption of the Florida Fire Prevention Code, the State Fire

23  Marshal shall notify each municipal, county, and special

24  district fire department of the triennial code adoption and

25  steps necessary for local amendments to be included within the

26  code. No later than 120 days before the triennial adoption of

27  the Florida Fire Prevention Code, each local jurisdiction

28  shall provide the State Fire Marshal with copies of its local

29  fire 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.

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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

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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, subsections

16  (1), (3), (4), (8), and (9) of section 633.025, Florida

17  Statutes, as amended by section 59 of chapter 98-287, Laws of

18  Florida, are amended to read:

19         633.025  Minimum firesafety standards.--

20         (1)  The Florida Fire Prevention Code and the Life

21  Safety Code adopted by the State Fire Marshal Department of

22  Insurance, which shall operate in conjunction with the Florida

23  Building Code, shall be deemed adopted by each municipality,

24  county, and special district with firesafety responsibilities.

25  The minimum firesafety codes shall not apply to buildings and

26  structures subject to the uniform firesafety standards under

27  s. 633.022 and buildings and structures subject to the minimum

28  firesafety standards adopted pursuant to s. 394.879.

29         (3)  The most current edition of the National Fire

30  Protection Association (NFPA) 101, Life Safety Code, adopted

31  by the State Fire Marshal Department of Insurance, shall be


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  1  deemed to be adopted by each municipality, county, and special

  2  district with firesafety responsibilities as part of the

  3  minimum firesafety code.

  4         (4)  Such codes shall be minimum codes and a

  5  municipality, county, or special district with firesafety

  6  responsibilities may adopt more stringent firesafety

  7  standards, subject to the requirements of this subsection.

  8  Such county, municipality, or special district may establish

  9  alternative requirements to those requirements which are

10  required under the minimum firesafety standards on a

11  case-by-case basis, in order to meet special situations

12  arising from historic, geographic, or unusual conditions, if

13  the alternative requirements result in a level of protection

14  to life, safety, or property equal to or greater than the

15  applicable minimum firesafety standards. For the purpose of

16  this subsection, the term "historic" means that the building

17  or structure is listed on the National Register of Historic

18  Places of the United States Department of the Interior.

19         (a)  The local governing body shall determine,

20  following a public hearing which has been advertised in a

21  newspaper of general circulation at least 10 days before the

22  hearing, if there is a need to strengthen the requirements of

23  the minimum firesafety code adopted by such governing body.

24  The determination must be based upon a review of local

25  conditions by the local governing body, which review

26  demonstrates that local conditions justify more stringent

27  requirements than those specified in the minimum firesafety

28  code for the protection of life and property or justify

29  requirements that meet special situations arising from

30  historic, geographic, or unusual conditions.

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  1         (b)  Such additional requirements shall not be

  2  discriminatory as to materials, products, or construction

  3  techniques of demonstrated capabilities.

  4         (c)  Paragraphs (a) and (b) apply solely to the local

  5  enforcing agency's adoption of requirements more stringent

  6  than those specified in the Florida Fire Prevention Code and

  7  the Life Safety Code that have the effect of amending building

  8  construction standards. Upon request, the enforcing agency

  9  shall provide a person making application for a building

10  permit, or any state agency or board with construction-related

11  regulation responsibilities, a listing of all such

12  requirements and codes.

13         (d)  A local government which adopts amendments to the

14  minimum firesafety code must provide a procedure by which the

15  validity of such amendments may be challenged by any

16  substantially affected party to test the amendment's

17  compliance with the provisions of this section.

18         1.  Unless the local government agrees to stay

19  enforcement of the amendment, or other good cause is shown,

20  the challenging party shall be entitled to a hearing on the

21  challenge within 45 days.

22         2.  For purposes of such challenge, the burden of proof

23  shall be on the challenging party, but the amendment shall not

24  be presumed to be valid or invalid.

25

26  This subsection gives local government the authority to

27  establish firesafety codes that exceed the minimum firesafety

28  codes and standards adopted by the State Fire Marshal. The

29  Legislature intends that local government give proper public

30  notice and hold public hearings before adopting more stringent

31  firesafety codes and standards. A substantially affected


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  1  person may appeal, to the Department of Insurance, the local

  2  government's resolution of the challenge, and the department

  3  shall determine if the amendment complies with this section.

  4  Actions of the department are subject to judicial review

  5  pursuant to s. 120.68. The department shall consider reports

  6  of the Florida Building Commission, pursuant to part VII of

  7  chapter 533, when evaluating building code enforcement.

  8         (8)  Electrically Battery operated single station smoke

  9  detectors required shall be considered as an approved

10  detection device for residential buildings are not required to

11  be interconnected within individual living units in all

12  buildings having direct access to the outside from each living

13  unit and having three stories or less. This subsection does

14  not apply to any residential building required to have a

15  manual or an automatic fire alarm system.

16         (9)  The provisions of the Life Safety Code shall not

17  apply to newly constructed one-family and two-family

18  dwellings.  However, fire sprinkler protection may be

19  permitted by local government in lieu of other fire

20  protection-related development requirements for in such

21  structures.

22         Section 92.  Section 633.72, Florida Statutes, is

23  amended to read:

24         633.72  Florida Fire Code Advisory Council.--

25         (1)  There is created within the department the Florida

26  Fire Code Advisory Council with 11 seven members appointed by

27  the State Fire Marshal.  The council, in cooperation with the

28  Florida Building Commission, shall advise and recommend to the

29  State Fire Marshal and, where appropriate, for further

30  recommendation to the Legislature changes to in and

31  interpretation of the uniform firesafety standards adopted


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  1  under s. 633.022, the Florida Fire Prevention Code, and those

  2  portions of the Florida Fire Prevention Code codes that have

  3  the effect of conflicting with building construction standards

  4  that are adopted pursuant to ss. s. 633.0215 and 633.022.  The

  5  members of the council shall represent the following groups

  6  and professions:

  7         (a)  One member shall be the State Fire Marshal, or his

  8  or her designated appointee who shall be an administrative

  9  employee of the marshal;

10         (b)  One member shall be an administrative officer from

11  a fire department representing a municipality or a county

12  selected from a list of persons submitted by the Florida Fire

13  Chiefs Association;

14         (c)  One member shall be an architect licensed in the

15  state selected from a list of persons submitted by the Florida

16  Association/American Institute of Architects;

17         (d)  One member shall be an a structure engineer with

18  fire protection design experience registered to practice in

19  the state selected from a list of persons submitted by the

20  Florida Engineering Society;

21         (e)  One member shall be an administrative officer from

22  a building department of a county or municipality selected

23  from a list of persons submitted by the Building Officials

24  Association of Florida;

25         (f)  One member shall be a contractor licensed in the

26  state selected from a list submitted by the Florida Home

27  Builders Association; and

28         (g)  One member shall be a Florida certified

29  firefighter selected from a list submitted by the Florida

30  Professional Firefighters' Association;

31


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  1         (h)  One member shall be a Florida certified municipal

  2  fire inspector selected from a list submitted by the Florida

  3  Fire Marshal's Association;

  4         (i)  One member shall be selected from a list submitted

  5  by the Department of Education;

  6         (j)  One member shall be selected from a list submitted

  7  by the Chancellor of the State University System; and

  8         (k)(g)  One member shall be representative of the

  9  general public.

10         (2)(h)  The administrative staff of the State Fire

11  Marshal and shall attend meetings of the Florida Building

12  Commission shall and coordinate efforts to provide consistency

13  between the Florida Building Code and the Florida Fire

14  Prevention Code and the Life Safety Code.

15         (3)  The council and Florida Building Commission shall

16  cooperate through joint representation and staff coordination

17  of codes and standards to resolve conflicts in their

18  development, updating, and interpretation.

19         (4)(2)  Each appointee shall serve a 4-year term.  No

20  member shall serve more than one term.  No member of the

21  council shall be paid a salary as such member, but each shall

22  receive travel and expense reimbursement as provided in s.

23  112.061.

24         Section 93.  Section 62 of chapter 98-287, Laws of

25  Florida, is amended to read:

26         Section 62.  (1)  Before the 2000 Regular Session of

27  the Legislature, the Florida Building Commission shall submit

28  to the Legislature, for review and approval or rejection, the

29  Florida Building Code adopted by the commission and shall

30  prepare list of recommendations of revisions to the Florida

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  1  Statutes necessitated by adoption of the Florida Building Code

  2  if the Legislature approves the Florida Building Code.

  3         (2)  Effective January 1, 2001 Upon approval of the

  4  Florida Building Code by the Legislature, all existing local

  5  technical amendments to any building code adopted by any local

  6  government, except for local ordinances setting forth

  7  administrative requirements which are not in conflict with the

  8  Florida Building Code, are repealed. Each local government may

  9  readopt such amendments pursuant to s. 553.73, Florida

10  Statutes, provided such amendments comply with applicable

11  provisions of the Florida Building Code.

12         Section 94.  Section 68 of chapter 98-287, Laws of

13  Florida, is amended to read:

14         Section 68.  Effective January 1, 2001 upon the

15  approval by the Legislature of the adoption of the Florida

16  Building Code by the Florida Building Commission, parts I, II,

17  and III of chapter 553, Florida Statutes, consisting of

18  sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,

19  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

20  553.16, 553.17, 553.18, 553.19, 553.20, 553.21, 553.22,

21  553.23, 553.24, 553.25, 553.26, 553.27, and 553.28, Florida

22  Statutes, are repealed, and section 553.141, Florida Statutes,

23  is transferred and renumbered as section 553.86, Florida

24  Statutes, and section 553.19, Florida Statutes, is transferred

25  and renumbered as section 553.87, Florida Statutes.

26         Section 95.  The Legislature has reviewed the Florida

27  Building Code that was adopted by action of the Florida

28  Building Commission on February 15, 2000, and that was noticed

29  for rule adoption by reference in Rule 9B-3.047, F.A.C., on

30  February 18, 2000, in the Florida Administrative Weekly on

31  page 731. The Florida Building Commission is directed to


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  1  continue the process to adopt the code, pursuant to section

  2  120.54(3), Florida Statutes, and to incorporate the following

  3  provisions or standards for the State of Florida:

  4         (1)  The commission shall apply the criteria set forth

  5  at section 553.73(7)(a) and (b), Florida Statutes, as amended

  6  by section 40 of chapter 98-287, Laws of Florida, and section

  7  553.73(6)(c), Florida Statutes, as created by this act, for

  8  the adoption of any amendments to the base codes after the

  9  effective date of this act.

10         (2)  There is appropriated from the Florida Hurricane

11  Catastrophe Fund to the Department of Community Affairs an

12  amount sufficient to demonstrate the true cost and risk

13  reduction of, and educate the stakeholders regarding, the

14  proposed Florida Building Code. The department shall undertake

15  this demonstration and education project for the following

16  purposes and outcomes:

17         (a)  The construction of residential single-family

18  homes in various regions of the state to the standards of the

19  proposed Florida Building Code. These project homes shall be

20  used to determine the cost differential between the Florida

21  Building Code and the current state minimum building code. The

22  department shall provide the resources to offset any increased

23  cost of building to the proposed Florida Building Code, and

24  shall provide an analysis and accounting of such additional

25  costs prepared by an appropriate engineering firm and

26  accounting firm. These homes shall be used for educational

27  purposes in the local community.

28         (b)  The results of the accounting and analysis shall

29  be forwarded by the department to the Florida Building

30  Commission for use in reviewing the Florida Building Code.

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  1         (c)  The accounting and analysis shall be forwarded to

  2  the Department of Insurance, which shall use the accounting

  3  and analysis in determining the basis for property and

  4  casualty windstorm insurance rate reductions and rebates to

  5  consumers.

  6         (3)  The department shall implement this project

  7  contingent upon and subject to legislative appropriations as

  8  soon as budget authority is available following the 2000

  9  legislative session. Resources for this project shall be

10  expeditiously made available to project participants. The

11  Department of Community Affairs, the Florida Building

12  Commission, the Florida Insurance Council, the Department of

13  Insurance, the Florida Windstorm Underwriting Association, the

14  Florida Home Builders Association, and the Building Officials

15  Association of Florida shall serve as an advisory group for

16  this project. Decisions regarding the conduct of the project

17  and contracting with the appropriate engineering group and

18  accounting group shall be made by consensus of the advisory

19  group.

20         (4)  The Department of Community Affairs shall issue a

21  preliminary report of its findings to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives prior to the beginning of the 2001 legislative

24  session and shall issue its final report by July 1, 2001.

25         (5)  The following areas of the state are defined as

26  the "windborne debris region" for residential construction and

27  appurtenant structures:

28         (a)  All land south of the 28th latitudinal parallel

29  within the 120 mph and higher wind zones as established in

30  ASCE 7-98;

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  1         (b)  On the eastern coast of the state, all land within

  2  5 miles of the coast north from the 28th latitudinal parallel;

  3         (c)  On the western coast of the state, all land within

  4  3 miles of the coast north from the 28th latitudinal parallel,

  5  to the end of the 120 mph wind zone, as established in ASCE

  6  7-98, in Taylor County;

  7         (d)  On the western coast of the state, all land within

  8  1 mile of the coast, from the end of the 120 mph wind zone in

  9  Taylor County, as established in ASCE 7-98, to the

10  Florida-Alabama state line.

11

12  The exact location of the line shall be established by local

13  ordinance, using recognized physical landmarks such as major

14  roads, canals, rivers, and lake shores, wherever possible.

15  Buildings constructed in the windborne debris region must be

16  either designed for internal pressures that may result inside

17  a building when a window or door is broken or a hole is

18  created in its walls or roof by large debris, or be designed

19  with protected openings.

20         (6)  The windborne debris region for nonresidential

21  construction is as adopted by the Florida Building Commission.

22         (7)  The commission shall delete the requirement in the

23  code that disclosures be made to the owner of the building

24  regarding the risks associated with failing to install

25  shutters and door protections during a hurricane.

26         (8)  Notwithstanding section 40 of chapter 98-287, Laws

27  of Florida, if a county or municipality adopts an ordinance

28  providing for a local amendment to the Florida Building Code,

29  and such amendment provides for window and door protection

30  such as hurricane shutters beyond what the code provides, as

31  determined by the Florida Building Commission, the local


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  1  amendment becomes effective without approval of the Florida

  2  Building Commission and is not rescinded pursuant to section

  3  40 of chapter 98-287, Laws of Florida.

  4

  5  The Legislature declares that changes made to the proposed

  6  Rule 9B-3.047, F.A.C., to implement the requirements of this

  7  act prior to October 1, 2000, are not subject to rule

  8  challenges under section 120.56, Florida Statutes. However,

  9  the entire rule, adopted pursuant to section 120.54(3),

10  Florida Statutes, as amended after October 1, 2000, is subject

11  to rule challenges under section 120.56, Florida Statutes.

12         (9)  The Florida Building Commission is directed to

13  amend section 611 of the Plumbing Section of the Florida

14  Building Code to incorporate the following:

15         (a)  When reduction of aesthetic contaminants, such as

16  chlorine, taste, odor, or sediment are claimed, the drinking

17  water treatment units must meet the requirements of NSF

18  Standard 42 Drinking Water Treatment Units-Aesthetic Effects,

19  or Water Quality Association Standard S-200 for Household and

20  Commercial Water Filters. When reduction of regulated health

21  contaminants is claimed, such as inorganic or organic

22  chemicals, or radiological substances, the drinking water

23  treatment unit must meet the requirements of NSF Standard 53

24  Drinking Water Treatment Units-Health Effects.

25         (b)  Reverse osmosis drinking water treatment systems

26  shall meet the requirements of NSF Standard 58 Reverse Osmosis

27  Drinking Water Treatment Units or Water Quality Association

28  Standard S-300 Point-of-Use Low Pressure Reverse Osmosis

29  Drinking Water Systems for the Reduction of Total Dissolved

30  Solids Only.

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  1         (c)  When reduction of regulated health contaminants is

  2  claimed, such as inorganic or organic chemicals, or

  3  radiological substances, the reverse osmosis drinking water

  4  treatment unit must meet the requirements of NSF Standard 58

  5  Reverse Osmosis Drinking Water Treatment Systems.

  6         (d)  Waste or discharge from reverse osmosis or other

  7  types of water treatment units must enter the drainage system

  8  through an air gap or be equipped with an equivalent

  9  backflow-prevention device.

10         (10)  The Florida Building Commission is directed to

11  reinsert into the Florida Building Code Sections 104.3.2 and

12  104.6.2 of the Florida Building Code, Third Draft, related to

13  a building official's authority to elect to issue a permit

14  based upon plan review by a registered architect or engineer.

15  The building official is responsible for ensuring that any

16  person conducting a plan review is qualified as a plans

17  examiner under part XII of chapter 468, and that any person

18  conducting inspections is qualified as a building inspector

19  under part XII of chapter 468.

20         (11)  The Florida Building Commission is directed to

21  amend paragraph F of Section 105.13 of the Florida Building

22  Code to make clear that the building department may allow a

23  special inspector to conduct the minimum structural inspection

24  of threshold buildings required by the Florida Building Code

25  and section 553.73, Florida Statutes, without duplicative

26  inspection by the building department. The building official

27  is responsible for ensuring that any person conducting

28  inspections is either qualified as a building inspector under

29  part XII of chapter 468 or certified as a special inspector

30  under chapter 471 or chapter 481.

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  1         (12)  The Florida Building Commission is directed to

  2  amend Section 127.5.9.8.5 of the Florida Building Code to make

  3  clear that the building official may allow a special inspector

  4  to conduct all mandatory inspections in accordance with

  5  section 127.3 of the Code, without duplicative inspection by

  6  the building official. The building official is responsible

  7  for ensuring that any person conducting inspections is either

  8  qualified as a building inspector under part XII of chapter

  9  468 or certified as a special inspector under chapter 471 or

10  chapter 481.

11         Section 96.  (1)  The select committee to investigate

12  the feasibility of establishing performance-based criteria for

13  the cost-effective application of fire codes and fire code

14  alternatives for existing educational facilities established

15  by chapter 98-287, Laws of Florida, is authorized to continue

16  its investigation. Committee appointment authority established

17  by chapter 98-287, Laws of Florida, shall continue should any

18  position on the select committee become vacant. Members of the

19  committee shall serve at their own expense, except that state

20  employees shall be reimbursed for travel costs incurred from

21  existing budgets in accordance with section 112.061, Florida

22  Statutes.

23         (2)  Funds in the amount of $35,000 are appropriated to

24  the State Fire Marshal from the Insurance Commissioner's

25  Regulatory Trust Fund for the purposes of providing training

26  and education to those impacted by its use on the application

27  of the alternative fire safety standards for educational

28  facilities. The Division of State Fire Marshal shall review

29  the alternative code for existing educational facilities and

30  may adopt such alternative code by rule as part of the Florida

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  1  Fire Prevention Code as an acceptable alternative for code

  2  compliance.

  3         Section 97.  Section 125.0106, Florida Statutes, is

  4  repealed.

  5         Section 98.  Effective January 1, 2001, subsection (2)

  6  of section 255.21, Florida Statutes, and subsection (11) of

  7  section 553.79, Florida Statutes, are repealed.

  8         Section 99.  This act does not imply any repeal or

  9  sunset of existing general or special laws that are not

10  specifically identified in this act.

11         Section 100.  The Florida Building Commission shall

12  examine the applicability of the full proposed Florida

13  Building Code to buildings manufactured and assembled offsite

14  but not intended for human habitation, such as storage sheds

15  and lawn storage buildings. The commission shall consider

16  whether such buildings should be subject to the same standards

17  applicable to buildings intended for human habitation; the

18  feasibility of constructing such buildings to such standards;

19  the additional financial costs associated with compliance with

20  such standards; the risk reduction effects associated with

21  such compliance; and the long-term economic and practical

22  consequences attendant to such compliance. The commission

23  shall report its findings and recommendations for legislative

24  change, if any, to the President of the Senate and the Speaker

25  of the House of Representatives by January 1, 2001.

26         Section 101.  Except as otherwise specifically provided

27  in this act, this act shall take effect upon becoming a law.

28

29

30

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