CS/HB 7143

1	A bill to be entitled
2	An act relating to regulatory reform; extending certain
3	construction, operating, and building permits and
4	development orders for a specified period of time;
5	providing exceptions; specifying retroactive applicability
6	for such extensions; providing requirements; providing
7	applicability; amending s. 120.569, F.S.; providing for
8	specified electronic notice of the procedure to obtain an
9	administrative hearing or judicial review; amending s.
10	120.60, F.S.; revising provisions relating to licensing
11	under the Administrative Procedure Act; providing for
12	objection to an agency's request for additional
13	information; requiring an agency to process a permit
14	application at the request of an applicant under certain
15	circumstances; amending s. 125.022, F.S.; prohibiting a
16	county from requiring an applicant to obtain certain
17	permits or approval as a condition for approval of a
18	development permit; creating s. 161.032, F.S.; requiring
19	the Department of Environmental Protection to request
20	additional information for coastal construction permit
21	applications within a specified period of time; providing
22	for the objection to such request by the applicant;
23	extending the period of time for applicants to provide
24	additional information to the department; providing for
25	the denial of an application under certain conditions;
26	amending s. 163.033, F.S.; prohibiting a municipality from
27	requiring an applicant to obtain certain permits or
28	approval as a condition for approval of a development
29	permit; amending s. 253.034, F.S.; providing for the
30	deposition of dredged materials on state-owned submerged
31	lands in certain circumstances and for certain purposes;
32	amending s. 258.42, F.S.; authorizing the placement of
33	roofs on specified docks; providing requirements;
34	providing an exemption from certain calculations; amending
35	s. 373.026, F.S.; directing the Department of
36	Environmental Protection to expand the use of Internet-
37	based self-certification services for certain exemptions
38	and general permits; directing the department and the
39	water management districts to identify and develop
40	professional certification for certain permitted
41	activities; amending ss. 373.079, 373.083, and 373.118,
42	F.S.; requiring a water management district's governing
43	board to delegate to the executive director its authority
44	to approve certain permits or grant variances or waivers
45	of permitting requirements; providing that such delegation
46	is not subject to certain rulemaking requirements;
47	providing delegation authority to the executive director;
48	providing delegation authority to the executive director;
49	prohibiting board members from intervening in application
50	review prior to referral for final action; amending s.
51	373.236, F.S.; authorizing water management districts to
52	issue 50-year consumptive use permits to specified
53	entities for certain alternative water supply development
54	projects; providing for compliance reporting and review,
55	modification, and revocation relating to such permits;
56	amending s. 373.406, F.S.; providing an exemption from
57	permitting requirements for construction of specified
58	public use facilities; creating s. 373.1181, F.S.;
59	providing for issuance of a general permit to counties to
60	construct, operate, alter, maintain, or remove systems for
61	the purposes of environmental restoration; specifying
62	requirements for such permits; requiring the water
63	management district or the department to provide counties
64	with certain written notification; providing that the
65	permit constitutes a letter of consent by the Board of
66	Trustees of the Internal Improvement Trust Fund to
67	complete certain activities; amending s. 373.4141, F.S.;
68	extending the period of time for applicants to provide
69	additional information for certain permit applications;
70	providing for the denial of an application under certain
71	conditions; amending s. 373.441, F.S.; revising provisions
72	relating to the regulation of activities subject to
73	delegation to a qualified local government; amending s.
74	403.061, F.S.; authorizing the department to adopt rules
75	that include special criteria for approval of construction
76	and operation of certain docking facilities; authorizing
77	the department to maintain a list of projects or
78	activities for applicants to consider when developing
79	certain proposals; authorizing the department to develop a
80	project management plan to implement an e-permitting
81	program; authorizing the department to expand online self-
82	certification for certain exemptions and general permits;
83	prohibiting local governments from specifying the method
84	or form of documentation by which a project meets
85	specified provisions; amending s. 403.813, F.S.;
86	clarifying provisions relating to permits issued at
87	district centers; authorizing the use of certain materials
88	and deviations for the replacement or repair of docks and
89	piers; amending s. 403.814, F.S.; directing the Department
90	of Environmental Protection to expand the use of Internet-
91	based self-certification services for certain exemptions
92	and general permits; requiring the department to submit a
93	report to the Legislature by a specified date; amending s.
94	403.973, F.S.; removing the authority of the Office of
95	Tourism, Trade, and Economic Development to approve
96	expedited permitting and comprehensive plan amendments and
97	providing such authority to the Secretary of Environmental
98	Protection; revising criteria for businesses submitting
99	permit applications or local comprehensive plan
100	amendments; providing that permit applications and local
101	comprehensive plan amendments for specified biofuel and
102	renewable energy projects are eligible for the expedited
103	permitting process; providing for the establishment of
104	regional permit action teams through the execution of
105	memoranda of agreement developed by permit applicants and
106	the secretary; providing for the appeal of a local
107	government's approval of an expedited permit or
108	comprehensive plan amendment and requiring such appeals to
109	be consolidated with challenges to state agency actions;
110	specifying the form of the memoranda of agreement
111	developed by the secretary; revising the time by which
112	certain final orders must be issued; providing additional
113	requirements for recommended orders; providing for
114	challenges to state agency action related to expedited
115	permitting for specified renewable energy projects;
116	revising provisions relating to the review of sites
117	proposed for the location of facilities eligible for the
118	Innovation Incentive Program; specifying expedited review
119	eligibility for certain electrical power projects;
120	amending ss. 14.2015, 288.0655, and 380.06, F.S.;
121	conforming cross-references; amending s. 373.414, F.S.,
122	providing for satisfaction of certain mitigation
123	requirements for permits that provide conceptual approval
124	of the long-term build out or expansion of an airport
125	located within the Upper Kissimmee Planning Unit under
126	certain conditions; providing for the duration of such
127	permits; amending s. 373.185, F.S.; revising the
128	definition of Florida-friendly landscaping; deleting
129	references to "xeriscape"; requiring water management
130	districts to provide model Florida-friendly landscaping
131	ordinances to local governments; revising eligibility
132	criteria for certain water management district incentive
133	programs; requiring certain local government ordinances
134	and amendments to include certain design standards and
135	identify specified invasive exotic plant species;
136	requiring water management districts to consult with
137	additional entities for activities relating to Florida-
138	friendly landscaping practices; specifying programs for
139	the delivery of educational programs relating to such
140	practices; providing legislative findings; providing that
141	certain regulations prohibiting the implementation of
142	Florida-friendly landscaping or conflicting with
143	provisions governing the permitting of consumptive uses of
144	water are prohibited; providing construction; creating s.
145	373.187, F.S.; requiring water management districts to
146	implement Florida-friendly landscaping practices on
147	specified properties; requiring districts to develop
148	specified programs for implementing such practices;
149	amending s. 373.228, F.S.; requiring water management
150	districts to consider certain information in evaluating
151	water use applications from public water suppliers;
152	conforming provisions to changes made by the act; amending
153	s. 373.323, F.S.; revising application requirements for
154	water well contractor licensure; requiring applicants to
155	provide specified documentation; amending s. 373.333,
156	F.S.; authorizing an administrative fine to be imposed for
157	each occurrence of unlicensed well water contracting;
158	amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
159	388.291, 481.303, and 720.3075, F.S.; conforming
160	provisions to changes made by the act; revising provisions
161	requiring the use of Florida-friendly landscaping for
162	specified public properties and highway construction and
163	maintenance projects; amending s. 369.317, F.S.;
164	clarifying mitigation offsets in the Wekiva Study Area;
165	establishing a task force to develop recommendations
166	relating to stormwater management system design;
167	specifying study criteria; providing for task force
168	membership, meetings, and expiration; requiring the task
169	force to submit findings and legislative recommendations
170	to the Legislature by a specified date; amending s.
171	378.901, F.S.; conforming provisions to the redesignation
172	of the Bureau of Mine Reclamation as the Bureau of Mining
173	and Mineral Regulation; providing authority to the
174	Department of Environmental Protection to issue a life-of-
175	the-mine permit to operators of limerock mines; amending
176	s. 399.02, F.S.; exempting certain elevators from
177	provisions requiring modifications to heat sensors and
178	electronic controls; amending s. 399.15, F.S.; providing
179	an alternative method to allow regional emergency elevator
180	access; providing for a uniform lock box; providing for a
181	master key; providing the Division of State Fire Marshal
182	with enforcement authority; directing the Department of
183	Financial Services to select the provider of the uniform
184	lock box; amending s. 468.8311, F.S.; effective July 1,
185	2010, revising the term "home inspection services" to
186	include the visual examination of additional components;
187	amending s. 468.8312, F.S.; effective July 1, 2010,
188	providing for fee increases for home inspection licenses;
189	amending s. 468.8319, F.S.; effective July 1, 2010,
190	revising certain prohibitions with respect to providers of
191	home inspection services; amending s. 468.832, F.S.;
192	effective July 1, 2010, authorizing the Department of
193	Business and Professional Regulation to impose penalties
194	against a licensee found guilty of certain violations;
195	amending s. 468.8324, F.S.; providing additional
196	requirements for licensure as a home inspector; amending
197	s. 215.5586, F.S.; effective July 1, 2010, adding home
198	inspectors licensed under s. 468.83, F.S., to the list of
199	wind certification entities that may be selected by the
200	Department of Financial Services to provide hurricane
201	mitigation inspections; amending s. 627.351, F.S.;
202	deleting a requirement for opening protections for
203	designated property for purposes of coverage by the
204	Citizens Property Insurance Corporation; amending s.
205	627.711, F.S.; effective July 1, 2010, authorizing the
206	Financial Services Commission to accept as valid a uniform
207	mitigation verification form signed by a licensed home
208	inspector; repealing s. 718.113(6), F.S., relating to
209	requirements for 5-year inspections of certain condominium
210	improvements; amending s. 553.37, F.S.; authorizing
211	manufacturers to pay inspection fees directly to the
212	provider of inspection services; providing rulemaking
213	authority to the Department of Community Affairs;
214	authorizing the department to enter into contracts for the
215	performance of certain administrative duties; revising
216	inspection requirements for certain custom manufactured
217	buildings; amending s. 553.375, F.S.; revising the
218	requirement for recertification of manufactured buildings
219	prior to relocation; amending s. 553.73, F.S.; authorizing
220	the Florida Building Commission to adopt amendments
221	relating to equivalency of standards; authorizing the
222	adoption of amendments necessary to accommodate state
223	agency rules to meet federal requirements for design
224	criteria relating to public educational facilities and
225	state-licensed facilities; exempting certain mausoleums
226	from the requirements of the Florida Building Code;
227	exempting certain temporary housing provided by the
228	Department of Corrections from the requirements of the
229	Florida Building Code; restricting the code or an code
230	enforcement agency from imposing requirements on certain
231	air conditioning systems; amending s. 553.76, F.S.;
232	authorizing the Florida Building Commission to adopt rules
233	related to consensus-building decisionmaking; amending s.
234	553.775, F.S.; authorizing the commission to charge a fee
235	for nonbinding interpretations; amending s. 553.79, F.S.;
236	requiring state agencies to contract for inspection
237	services under the alternative plans review and inspection
238	process or with a local governmental entity; amending s.
239	553.791, F.S.; prohibiting a local enforcement agency,
240	local building official, or local government from imposing
241	a fee or other charge for certain plan reviews and
242	building inspections; prohibiting a local enforcement
243	agency, local building official, or local government from
244	imposing a higher permit fee or other fee or charge for
245	certain plan reviews and building inspections; amending s.
246	553.841, F.S.; deleting provisions requiring that the
247	Department of Community Affairs maintain, update, develop,
248	or cause to be developed a core curriculum for persons who
249	enforce the Florida Building Code; amending s. 553.842,
250	F.S.; authorizing rules requiring the payment of product
251	evaluation fees directly to the administrator of the
252	product evaluation and approval system; requiring that the
253	provider remit a portion of the fees to the department to
254	cover its costs; providing requirements for the approval
255	of applications for state approval of a product; providing
256	for certain approved products to be immediately added to
257	the list of state-approved products; requiring that the
258	commission's oversight committee review approved products;
259	revising the list of approved evaluation entities;
260	deleting obsolete provisions governing evaluation
261	entities; amending s. 553.844, F.S.; providing an
262	exemption from requirements from roof and opening
263	protections for certain exposed mechanical equipment or
264	appliances; amending s. 553.885, F.S.; revising
265	requirements for carbon monoxide alarms; providing an
266	exception for buildings undergoing alterations or repairs;
267	defining the term "addition"; amending s. 553.9061, F.S.;
268	revising the energy-efficiency performance options and
269	elements identified by the commission for purposes of
270	meeting certain goals; repealing ss. 468.627(6),
271	481.215(5), and 481.313(5), F.S., relating to building
272	code inspectors, renewal of the license for architects,
273	interior designers, and landscape architects,
274	respectively; amending ss. 471.0195, 489.115, 489.1455,
275	489.517, and 627.711, F.S., conforming provisions relating
276	to the deletion of core curriculum courses relating to the
277	Florida Building Code; reenacting s. 553.80(1), F.S.,
278	relating to the enforcement of the Florida Building Code,
279	to incorporate the amendments made to s. 553.79, F.S., in
280	a reference thereto; amending s. 633.0215, F.S.; providing
281	guidelines for the State Fire Marshal to use in issuing an
282	expedited declaratory statement; requiring the State Fire
283	Marshal to issue an expedited declaratory statement under
284	certain circumstances; providing requirements for a
285	petition requesting an expedited declaratory statement;
286	amending s. 633.026, F.S.; providing legislative intent;
287	providing for the establishment of the Fire Code
288	Interpretation Committee; providing for the membership of
289	the committee and requirements for membership; requiring
290	that nonbinding interpretations of the Florida Fire
291	Prevention Code be issued within a specified period after
292	a request is received; providing for the waiver of such
293	requirement under certain conditions; requiring the
294	Division of State Fire Marshal to charge a fee for
295	nonbinding interpretations; providing that fees may be
296	paid directly to a contract provider; providing
297	requirements for requesting a nonbinding interpretation;
298	requiring the Division of State Fire Marshal to develop a
299	form for submitting a petition for a nonbinding
300	interpretation; providing for a formal interpretation by
301	the State Fire Marshal; requiring that an interpretation
302	of the Florida Fire Prevention Code be published on the
303	division's website and the Florida Administrative Weekly;
304	amending s. 633.081, F.S.; requiring the Division of State
305	Fire Marshal and the Florida Building Code Administrator
306	and Inspectors Board enter into a reciprocity agreement
307	for purposes of recertifying building code inspectors,
308	plan inspectors, building code administrators, and
309	firesafety inspectors; amending s. 633.352, F.S.;
310	providing an exception to requirements for recertification
311	as a firefighter; amending s. 633.521, F.S.; revising
312	requirements for certification as a fire protection system
313	contractor; revising the prerequisites for taking the
314	certification examination; authorizing the State Fire
315	Marshal to accept more than one source of professional
316	certification; revising legislative intent; amending s.
317	633.524, F.S.; authorizing the State Fire Marshal to enter
318	into contracts for examination services; providing for
319	direct payment of examination fees to contract providers;
320	amending s. 633.537, F.S.; revising the continuing
321	education requirements for certain permitholders; amending
322	633.72, F.S.; revising the terms of service for members of
323	the Fire Code Advisory Council; amending s. 553.509, F.S.,
324	deleting requirements for alternate power sources for
325	elevators for purposes of operating during an emergency;
326	directing the Florida Building Commission to conform
327	provisions of the Florida Building Code with revisions
328	made by the act relating to the operation of elevators;
329	providing an effective date.
330
331	Be It Enacted by the Legislature of the State of Florida:
332
333	Section 1.  (1)  Except as provided in subsection (4), and
334	in recognition of 2009 real estate market conditions, any permit
335	issued by the Department of Environmental Protection or a water
336	management district pursuant to part IV of chapter 373, Florida
337	Statutes, that has an expiration date of September 1, 2008,
338	through September 1, 2011, is extended and renewed for a period
339	of 2 years following its date of expiration. This extension
340	includes any local government-issued development order or
341	building permit. The 2-year extension also applies to build out
342	dates including any build out date extension previously granted
343	under s. 380.06(19)(c), Florida Statutes. This section may not
344	be construed to prohibit conversion from the construction phase
345	to the operation phase upon completion of construction.
346	(2)  The completion date for any required mitigation
347	associated with a phased construction project shall be extended
348	so that mitigation takes place in the same timeframe relative to
349	the phase as originally permitted.
350	(3)  The holder of a valid permit or other authorization
351	that is eligible for the 2-year extension shall notify the
352	authorizing agency in writing no later than December 31, 2009,
353	identifying the specific authorization for which the holder
354	intends to use the extension and anticipated timeframe for
355	acting on the authorization.
356	(4)  The extensions provided for in subsection (1) do not
357	apply to:
358	(a)  A permit or other authorization under any programmatic
359	or regional general permit issued by the Army Corps of
360	Engineers.
361	(b)  A permit or other authorization held by an owner or
362	operator determined to be in significant noncompliance with the
363	conditions of the permit or authorization as established through
364	the issuance of a warning letter or notice of violation, the
365	initiation of formal enforcement, or other equivalent action by
366	the authorizing agency.
367	(c)  A permit or other authorization, if granted an
368	extension, would contravene the due process or other legal
369	rights of parties with a direct interest in the timely
370	fulfillment of the requirements of the development order, or
371	would delay or prevent compliance with a court order.
372	(5)  Permits extended under this section shall continue to
373	be governed by rules in effect at the time the permit was
374	issued, except where it can be demonstrated that the rules in
375	effect at the time the permit was issued would create an
376	immediate threat to public safety or health. This section shall
377	apply to any modification of the plans, terms, and conditions of
378	the permit that lessens the environmental impact, except that
379	any such modification shall not extend the time limit beyond 2
380	additional years.
381	(6)  Nothing in this section shall impair the authority of
382	a county or municipality to require the owner of a property,
383	which has noticed the county or municipality that it intends to
384	receive the extension of time granted by this section, to
385	maintain and secure the property in a safe and sanitary
386	condition in compliance with applicable laws and ordinances.
387	Section 2.  Subsection (1) of section 120.569, Florida
388	Statutes, is amended to read:
389	120.569  Decisions which affect substantial interests.--
390	(1)  The provisions of this section apply in all
391	proceedings in which the substantial interests of a party are
392	determined by an agency, unless the parties are proceeding under
393	s. 120.573 or s. 120.574. Unless waived by all parties, s.
394	120.57(1) applies whenever the proceeding involves a disputed
395	issue of material fact. Unless otherwise agreed, s. 120.57(2)
396	applies in all other cases. If a disputed issue of material fact
397	arises during a proceeding under s. 120.57(2), then, unless
398	waived by all parties, the proceeding under s. 120.57(2) shall
399	be terminated and a proceeding under s. 120.57(1) shall be
400	conducted. Parties shall be notified of any order, including a
401	final order. Unless waived, a copy of the order shall be
402	delivered or mailed to each party or the party's attorney of
403	record at the address of record. Each notice shall inform the
404	recipient of any administrative hearing or judicial review that
405	is available under this section, s. 120.57, or s. 120.68; shall
406	indicate the procedure which must be followed to obtain the
407	hearing or judicial review; and shall state the time limits
408	which apply. Notwithstanding any other provision of law, notice
409	of the procedure to obtain an administrative hearing or judicial
410	review, including any items required by the uniform rules
411	adopted pursuant to s. 120.54(5), may be provided via a link to
412	a publicly available Internet site.
413	Section 3.  Subsection (1) of section 120.60, Florida
414	Statutes, is amended to read:
415	120.60  Licensing.--
416	(1)  Upon receipt of an application for a license, an
417	agency shall examine the application and, within 30 days after
418	such receipt, notify the applicant of any apparent errors or
419	omissions and request any additional information the agency is
420	permitted by law to require. If the applicant believes the
421	request for such additional information is not authorized by law
422	or agency rule, the agency, at the applicant's request, shall
423	proceed to process the permit application. An agency shall not
424	deny a license for failure to correct an error or omission or to
425	supply additional information unless the agency timely notified
426	the applicant within this 30-day period. An application shall be
427	considered complete upon receipt of all requested information
428	and correction of any error or omission for which the applicant
429	was timely notified or when the time for such notification has
430	expired. Every application for a license shall be approved or
431	denied within 90 days after receipt of a completed application
432	unless a shorter period of time for agency action is provided by
433	law. The 90-day time period shall be tolled by the initiation of
434	a proceeding under ss. 120.569 and 120.57. Any application for a
435	license that is not approved or denied within the 90-day or
436	shorter time period, within 15 days after conclusion of a public
437	hearing held on the application, or within 45 days after a
438	recommended order is submitted to the agency and the parties,
439	whichever action and timeframe is latest and applicable, is
440	considered approved unless the recommended order recommends that
441	the agency deny the license. Subject to the satisfactory
442	completion of an examination if required as a prerequisite to
443	licensure, any license that is considered approved shall be
444	issued and may include such reasonable conditions as are
445	authorized by law. Any applicant for licensure seeking to claim
446	licensure by default under this subsection shall notify the
447	agency clerk of the licensing agency, in writing, of the intent
448	to rely upon the default license provision of this subsection,
449	and shall not take any action based upon the default license
450	until after receipt of such notice by the agency clerk.
451	Section 4.  Section 125.022, Florida Statutes, is amended
452	to read:
453	125.022  Development permits.--When a county denies an
454	application for a development permit, the county shall give
455	written notice to the applicant. The notice must include a
456	citation to the applicable portions of an ordinance, rule,
457	statute, or other legal authority for the denial of the permit.
458	As used in this section, the term "development permit" has the
459	same meaning as in s. 163.3164. A county may not require as a
460	condition of approval for a development permit that an applicant
461	obtain a permit or approval from any other state or federal
462	agency. Issuance of a development permit by a county does not in
463	any way create any rights on the part of an applicant to obtain
464	a permit from another state or federal agency and does not
465	create any liability on the part of the county for issuance of
466	the permit in the event that an applicant fails to fulfill its
467	legal obligations to obtain requisite approvals or fulfill the
468	obligations imposed by other state or federal agencies. A county
469	may attach such a disclaimer to the issuance of development
470	permits and may include a permit condition that all other
471	applicable state or federal permits must be obtained prior to
472	development. This section shall not be construed to prohibit a
473	county from providing information to an applicant regarding what
474	other state or federal permits may be applicable.
475	Section 5.  Section 161.032, Florida Statutes, is created
476	to read:
477	161.032  Application review; request for additional
478	information.--
479	(1)  Within 30 days after receipt of an application for a
480	permit under this part, the department shall review the
481	application and shall request submission of any additional
482	information the department is permitted by law to require. If
483	the applicant believes a request for additional information is
484	not authorized by law or rule, the applicant may request a
485	hearing pursuant to s. 120.57. Within 30 days after receipt of
486	such additional information, the department shall review such
487	additional information and may request only that information
488	needed to clarify such additional information or to answer new
489	questions raised by or directly related to such additional
490	information. If the applicant believes the request for such
491	additional information by the department is not authorized by
492	law or rule, the department, at the applicant's request, shall
493	proceed to process the permit application.
494	(2)  Notwithstanding the provisions of s. 120.60, an
495	applicant for a permit under this part shall have 90 days after
496	the date of a timely request for additional information to
497	submit such information. If an applicant requires more than 90
498	days to respond to a request for additional information, the
499	applicant must notify the agency processing the permit
500	application in writing of the circumstances, at which time the
501	application shall be held in active status for no more than one
502	additional period of up to 90 days. Additional extensions may be
503	granted for good cause shown by the applicant. A showing that
504	the applicant is making a diligent effort to obtain the
505	requested additional information shall constitute good cause.
506	Failure of an applicant to provide the timely requested
507	information by the applicable deadline shall result in denial of
508	the application without prejudice.
509	Section 6.  Section 166.033, Florida Statutes, is amended
510	to read:
511	166.033  Development permits.--When a municipality denies
512	an application for a development permit, the municipality shall
513	give written notice to the applicant. The notice must include a
514	citation to the applicable portions of an ordinance, rule,
515	statute, or other legal authority for the denial of the permit.
516	As used in this section, the term "development permit" has the
517	same meaning as in s. 163.3164. A municipality may not require
518	as a condition of approval for a development permit that an
519	applicant obtain a permit or approval from any other state or
520	federal agency. Issuance of a development permit by a
521	municipality does not in any way create any right on the part of
522	an applicant to obtain a permit from another state or federal
523	agency and does not create any liability on the part of the
524	municipality for issuance of the permit in the event that an
525	applicant fails to fulfill its legal obligations to obtain
526	requisite approvals or fulfill the obligations imposed by other
527	state or federal agencies. A municipality may attach such a
528	disclaimer to the issuance of development permits and may
529	include a permit condition that all other applicable state or
530	federal permits must be obtained prior to development. This
531	section shall not be construed to prohibit a municipality from
532	providing information to an applicant regarding what other state
533	or federal permits may be applicable.
534	Section 7.  Subsection (13) of section 253.034, Florida
535	Statutes, is amended to read:
536	253.034  State-owned lands; uses.--
537	(13)  The deposition of dredged material on state-owned
538	submerged lands for the purpose of restoring previously dredged
539	holes to natural conditions shall be conducted in such a manner
540	as to maximize environmental benefits. In such cases, the
541	dredged material shall be placed in the dredge hole at an
542	elevation consistent with the surrounding area to allow light
543	penetration so as to maximize propagation of native vegetation.
544	When available dredged material is of insufficient quantity to
545	raise the entire dredge hole to prior natural elevations, then
546	placement shall be limited to a portion of the dredge hole where
547	elevations can be restored to natural elevations Notwithstanding
548	the provisions of this section, funds from the sale of property
549	by the Department of Highway Safety and Motor Vehicles located
550	in Palm Beach County are authorized to be deposited into the
551	Highway Safety Operating Trust Fund to facilitate the exchange
552	as provided in the General Appropriations Act, provided that at
553	the conclusion of both exchanges the values are equalized. This
554	subsection expires July 1, 2009.
555	Section 8.  Paragraph (e) of subsection (3) of section
556	258.42, Florida Statutes, is amended to read:
557	258.42  Maintenance of preserves.--The Board of Trustees of
558	the Internal Improvement Trust Fund shall maintain such aquatic
559	preserves subject to the following provisions:
560	(3)
561	(e)  There shall be no erection of structures within the
562	preserve, except:
563	1.  Private residential docks may be approved for
564	reasonable ingress or egress of riparian owners. Slips located
565	at private residential single-family docks that contain boat
566	lifts or davits which do not float in the water when loaded may
567	be roofed, but may not be in whole or in part enclosed with
568	walls, provided that the roof shall not overhang more that 1-
569	foot beyond the footprint of the boat lift. Such roofs shall not
570	be considered to be part of the square-footage calculations of
571	the terminal platform.
572	2.  Private residential multislip docks may be approved if
573	located within a reasonable distance of a publicly maintained
574	navigation channel, or a natural channel of adequate depth and
575	width to allow operation of the watercraft for which the docking
576	facility is designed without the craft having an adverse impact
577	on marine resources. The distance shall be determined in
578	accordance with criteria established by the trustees by rule,
579	based on a consideration of the depth of the water, nature and
580	condition of bottom, and presence of manatees.
581	3.  Commercial docking facilities shown to be consistent
582	with the use or management criteria of the preserve may be
583	approved if the facilities are located within a reasonable
584	distance of a publicly maintained navigation channel, or a
585	natural channel of adequate depth and width to allow operation
586	of the watercraft for which the docking facility is designed
587	without the craft having an adverse impact on marine resources.
588	The distance shall be determined in accordance with criteria
589	established by the trustees by rule, based on a consideration of
590	the depth of the water, nature and condition of bottom, and
591	presence of manatees.
592	4.  Structures for shore protection, including restoration
593	of seawalls at their previous location or upland of or within 18
594	inches waterward of their previous location, approved
595	navigational aids, or public utility crossings authorized under
596	paragraph (a) may be approved.
597
598	No structure under this paragraph or chapter 253 shall be
599	prohibited solely because the local government fails to adopt a
600	marina plan or other policies dealing with the siting of such
601	structures in its local comprehensive plan.
602	Section 9.  Subsection (10) is added to section 373.026,
603	Florida Statutes, to read:
604	373.026  General powers and duties of the department.--The
605	department, or its successor agency, shall be responsible for
606	the administration of this chapter at the state level. However,
607	it is the policy of the state that, to the greatest extent
608	possible, the department may enter into interagency or
609	interlocal agreements with any other state agency, any water
610	management district, or any local government conducting programs
611	related to or materially affecting the water resources of the
612	state. All such agreements shall be subject to the provisions of
613	s. 373.046. In addition to its other powers and duties, the
614	department shall, to the greatest extent possible:
615	(10)  Expand the use of Internet-based self-certification
616	services for appropriate exemptions and general permits issued
617	by the department and the water management districts, providing
618	such expansion is economically feasible. In addition to
619	expanding the use of Internet-based self-certification services
620	for appropriate exemptions and general permits, the department
621	and water management districts shall identify and develop
622	general permits for activities currently requiring individual
623	review that could be expedited through the use of professional
624	certification.
625	Section 10.  Paragraph (a) of subsection (4) of section
626	373.079, Florida Statutes, is amended to read:
627	373.079  Members of governing board; oath of office;
628	staff.--
629	(4)(a)  The governing board of the district is authorized
630	to employ an executive director, ombudsman, and such engineers,
631	other professional persons, and other personnel and assistants
632	as it deems necessary and under such terms and conditions as it
633	may determine and to terminate such employment. The appointment
634	of an executive director by the governing board is subject to
635	approval by the Governor and must be initially confirmed by the
636	Florida Senate. The governing board may delegate all or part of
637	its authority under this paragraph to the executive director.
638	However, the governing board shall delegate all of its authority
639	to take final action on permit applications under part II or
640	part IV, or petitions for variances or waivers of permitting
641	requirements under part II or part IV, except as provided under
642	ss. 373.083(5) and 373.118(4). This delegation shall not be
643	subject to the rulemaking requirements of chapter 120. The
644	executive director may execute such delegated authority through
645	designated staff members. The executive director must be
646	confirmed by the Senate upon employment and must be confirmed or
647	reconfirmed by the Senate during the second regular session of
648	the Legislature following a gubernatorial election.
649	Section 11.  Subsection (5) of section 373.083, Florida
650	Statutes, is amended to read:
651	373.083  General powers and duties of the governing
652	board.--In addition to other powers and duties allowed it by
653	law, the governing board is authorized to:
654	(5)  Execute any of the powers, duties, and functions
655	vested in the governing board through a member or members
656	thereof, the executive director, or other district staff as
657	designated by the governing board. The governing board may
658	establish the scope and terms of any delegation. However, if The
659	governing board shall delegate to the executive director
660	delegates the authority to take final action on permit
661	applications under part II or part IV, or petitions for
662	variances or waivers of permitting requirements under part II or
663	part IV, and the executive director may execute such delegated
664	authority through designated staff. Such delegation shall not be
665	subject to the rulemaking requirements of chapter 120. However,
666	the governing board shall provide a process for referring any
667	denial of such application or petition to the governing board to
668	take final action. Such process shall expressly prohibit any
669	member of a governing board from intervening in the review of an
670	application prior to the application being referred to the
671	governing board for final action. The authority in this
672	subsection is supplemental to any other provision of this
673	chapter granting authority to the governing board to delegate
674	specific powers, duties, or functions.
675	Section 12.  Subsection (4) of section 373.118, Florida
676	Statutes, is amended to read:
677	373.118  General permits; delegation.--
678	(4)  To provide for greater efficiency, the governing board
679	shall may delegate by rule its powers and duties pertaining to
680	general permits to the executive director and such delegation
681	shall not be subject to the rulemaking requirements of chapter
682	120. The executive director may execute such delegated authority
683	through designated staff. However, when delegating the authority
684	to take final action on permit applications under part II or
685	part IV or petitions for variances or waivers of permitting
686	requirements under part II or part IV, the governing board shall
687	provide a process for referring any denial of such application
688	or petition to the governing board to take such final action.
689	Section 13.  Subsection (6) is added to section 373.236,
690	Florida Statutes, to read:
691	373.236  Duration of permits; compliance reports.--
692	(6)(a)  The Legislature finds that the need for alternative
693	water supply development projects to meet anticipated public
694	water supply demands of the state is such that it is essential
695	to encourage participation in and contribution to such projects
696	by private rural landowners who characteristically have
697	relatively modest near-term water demands but substantially
698	increasing demands after the 20-year planning period provided in
699	s. 373.0361. Therefore, where such landowners make extraordinary
700	contributions of lands or construction funding to enable the
701	expeditious implementation of such projects, water management
702	districts and the department are authorized to grant permits for
703	such projects for a period of up to 50 years to municipalities,
704	counties, special districts, regional water supply authorities,
705	multijurisdictional water supply entities, and publicly or
706	privately owned utilities created for or by the private
707	landowners on or before April 1, 2009, which have entered into
708	an agreement with the private landowner for the purposes of more
709	efficiently pursuing alternative public water supply development
710	projects identified in a district's regional water supply plan
711	and meeting water demands of both the applicant and the
712	landowner.
713	(b)  Any permit granted pursuant to paragraph (a) shall be
714	granted only for that period of time for which there is
715	sufficient data to provide reasonable assurance that the
716	conditions for permit issuance will be met. Such a permit shall
717	require a compliance report by the permittee every 5 years
718	during the term of the permit. The report shall contain
719	sufficient data to maintain reasonable assurance that the
720	conditions for permit issuance applicable at the time of
721	district review of the compliance report are met. Following
722	review of the report, the governing board or the department may
723	modify the permit to ensure that the use meets the conditions
724	for issuance. This subsection shall not limit the existing
725	authority of the department or the governing board to modify or
726	revoke a consumptive use permit.
727	Section 14.  Subsection (12) is added to section 373.406,
728	Florida Statutes, to read:
729	373.406  Exemptions.--The following exemptions shall apply:
730	(12)(a)  Construction of public use facilities in
731	accordance with Federal or state grant-approved projects on
732	county-owned natural lands or natural areas held by a county
733	under at least a 25-year lease. Such facilities may include a
734	parking lot, including an access road, not to exceed a total
735	size of 0.7 acres that is located entirely in uplands; at-grade
736	access trails located entirely in uplands; pile-supported
737	boardwalks having a maximum width of 6 feet, with exceptions for
738	ADA compliance; and pile-supported observation platforms each of
739	which shall not exceed 120 square feet in size.
740	(b)  No fill shall be placed in, on, or over wetlands or
741	other surface waters except pilings for boardwalks and
742	observation platforms, all of which structures located in, on,
743	or over wetlands and other surface waters shall be sited,
744	constructed, and elevated to minimize adverse impacts to native
745	vegetation and shall be limited to a combined area over wetlands
746	and other surface waters not to exceed 0.5 acres. All stormwater
747	flow from roads, parking areas, and trails shall sheet flow into
748	uplands, and the use of pervious pavement is encouraged.
749	Section 15.  Section 373.1181, Florida Statutes, is created
750	to read:
751	373.1181  Noticed general permit to counties for
752	environmental restoration activities.--
753	(1)  A general permit is granted to counties to construct,
754	operate, alter, maintain, or remove systems for the purposes of
755	environmental restoration or water quality improvements, subject
756	to the limitations and conditions of this section.
757	(2)  The following restoration activities are authorized by
758	this general permit:
759	(a)  Backfilling of existing agricultural or drainage
760	ditches, without piping, for the sole purpose of restoring a
761	more natural hydroperiod to publicly owned lands, provided that
762	offsite properties are not adversely affected.
763	(b)  Placement of riprap within 15 feet waterward of the
764	mean or ordinary high-water line for the purpose of preventing
765	or abating erosion of a predominantly natural shoreline,
766	provided that mangrove, seagrass, coral, sponge, and other
767	protected fresh water or marine communities are not adversely
768	affected.
769	(c)  Placement of riprap within 10 feet waterward of an
770	existing seawall or bulkhead and backfilling of the area between
771	the riprap and seawall or bulkhead with clean fill to an
772	intertidal elevation for the sole purpose of planting native
773	wetland vegetation provided that seagrass, coral, sponge, and
774	other protected fresh water or marine communities are not
775	adversely affected and all vegetation is obtained from an upland
776	nursery or from permitted donor locations.
777	(d)  Scrape down of spoil islands to an intertidal
778	elevation or a lower elevation at which light penetration is
779	expected to allow for seagrass or other native submerged aquatic
780	vegetation recruitment.
781	(e)  Backfilling of existing dredge holes that are at least
782	5 feet deeper than surrounding natural grades to an intertidal
783	elevation if doing so provides a regional net environmental
784	benefit or, at a minimum, to an elevation at which light
785	penetration is expected to allow for seagrass recruitment, with
786	no more than minimum displacement of highly organic sediments.
787	(f)  Placement of rock riprap or clean concrete in existing
788	dredge holes that are at least 5 feet deeper than surrounding
789	natural grades, provided that placed rock or concrete does not
790	protrude above surrounding natural grades.
791	(3)  In order to qualify for this general permit, the
792	activity must comply with the following requirements:
793	(a)  The project must be included in a management plan that
794	has been the subject of at least one public workshop.
795	(b)  The county commission must conduct at least one public
796	hearing within 1 year before project initiation.
797	(c)  The project may not be considered as mitigation for
798	any other project.
799	(d)  Activities in tidal waters are limited to those
800	waterbodies given priority restoration status pursuant to s.
801	373.453(1)(c).
802	(e)  Prior to submittal of a notice to use this general
803	permit, the county shall conduct at least one preapplication
804	meeting with appropriate district or department staff to discuss
805	project designs, implementation details, resource concerns, and
806	conditions for meeting applicable state water quality standards.
807	(4)  This general permit shall be subject to the following
808	specific conditions:
809	(a)  A project under this general permit shall not
810	significantly impede navigation or unreasonably infringe upon
811	the riparian rights of others. When a court of competent
812	jurisdiction determines that riparian rights have been
813	unlawfully affected, the structure or activity shall be modified
814	in accordance with the court's decision.
815	(b)  All erodible surfaces, including intertidal slopes
816	shall be revegetated with appropriate native plantings within 72
817	hours after completion of construction.
818	(c)  Riprap material shall be clean limestone, granite, or
819	other native rock measuring 1 foot to 3 feet in diameter.
820	(d)  Except as otherwise allowed under this general permit
821	fill material used to backfill dredge holes or seawall planter
822	areas shall be local, native material legally removed from
823	nearby submerged lands or shall be similar material brought to
824	the site, either of which shall comply with the standard of not
825	more than 10 percent of the material passing through a #200
826	standard sieve and containing no more than 10 percent organic
827	content, and is free of contaminants that will cause violations
828	of state water quality standards.
829	(e)  Turbidity shall be monitored and controlled at all
830	times such that turbidity immediately outside the project area
831	complies with rules 62-302 and 62-4.242, Florida Administrative
832	Code.
833	(f)  Equipment, barges, and staging areas shall not be
834	stored or operated so as to adversely impact seagrass, coral,
835	sponge, or other protected freshwater or marine communities.
836	(g)  Structures shall be maintained in a functional
837	condition and shall be repaired or removed if they become
838	dilapidated to such an extent that they are no longer
839	functional. This shall not be construed to prohibit the repair
840	or replacement subject to the provisions of rule 18-21.005,
841	Florida Administrative Code, within 1 year after a structure is
842	damaged in a discrete event such as a storm, flood, accident, or
843	fire.
844	(h)  All work under this general permit shall be conducted
845	in conformance with the general conditions of rule 62-341.215,
846	Florida Administrative Code.
847	(i)  Construction, use, or operation of the structure or
848	activity shall not adversely affect any species that is
849	endangered, threatened or of special concern, as listed in rules
850	68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
851	Code.
852	(j)  The activity may not adversely impact vessels or
853	structures of archaeological or historical value relating to the
854	history, government, and culture of the state which are defined
855	as historic properties in s. 267.021.
856	(5)  The district or department, as applicable, shall
857	provide written notification as to whether the proposed activity
858	qualifies for the general permit within 30 days after receipt of
859	written notice of a county's intent to use the general permit.
860	If the district or department notifies the county that the
861	system does not qualify for a noticed general permit due to an
862	error or omission in the original notice to the district or the
863	department, the county shall have 30 days from the date of the
864	notification to amend the notice to use the general permit and
865	submit such additional information to correct such error or
866	omission.
867	(6)  This general permit constitutes a letter of consent by
868	the Board of Trustees of the Internal Improvement Trust Fund
869	under chapters 253 and 258, where applicable, and chapters 18-
870	18, 18-20, and 18-21, Florida Administrative Code, where
871	applicable, for the county to enter upon and use state-owned
872	submerged lands to the extent necessary to complete the
873	activities. Activities conducted under this general permit do
874	not divest the state from the continued ownership of lands that
875	were state-owned lands prior to any use, construction, or
876	implementation of this general permit.
877	Section 16.  Subsection (2) of section 373.4141, Florida
878	Statutes, is amended to read:
879	373.4141  Permits; processing.--
880	(2)  Notwithstanding the provisions of s. 120.60, an
881	applicant for a permit under this part shall have 90 days after
882	the date of a timely request for additional information to
883	submit such information. If an applicant requires more than 90
884	days to respond to a request for additional information, the
885	applicant must notify the agency processing the permit
886	application in writing of the circumstances, at which time the
887	application shall be held in active status for no more than one
888	additional period of up to 90 days. Additional extensions may be
889	granted for good cause shown by the applicant. A showing that
890	the applicant is making a diligent effort to obtain the
891	requested additional information shall constitute good cause.
892	Failure of an applicant to provide the timely requested
893	information by the applicable deadline shall result in denial of
894	the application without prejudice A permit shall be approved or
895	denied within 90 days after receipt of the original application,
896	the last item of timely requested additional material, or the
897	applicant's written request to begin processing the permit
898	application.
899	Section 17.  Subsection (4) is added to section 373.441,
900	Florida Statutes, to read:
901	373.441  Role of counties, municipalities, and local
902	pollution control programs in permit processing.--
903	(4)  Upon delegation to a qualified local government, the
904	department and water management district shall not regulate the
905	activities subject to the delegation within that jurisdiction
906	unless regulation is required pursuant to the terms of the
907	delegation agreement.
908	Section 18.  Subsection (29) of section 403.061, Florida
909	Statutes, is amended, subsection (40) is renumbered as section
910	(43), and new subsections (40), (41), and (42) are added to that
911	section, to read:
912	403.061  Department; powers and duties.--The department
913	shall have the power and the duty to control and prohibit
914	pollution of air and water in accordance with the law and rules
915	adopted and promulgated by it and, for this purpose, to:
916	(29)  Adopt by rule special criteria to protect Class II
917	shellfish harvesting waters. Rules previously adopted by the
918	department in rule 17-4.28(8)(a), Florida Administrative Code,
919	are hereby ratified and determined to be a valid exercise of
920	delegated legislative authority and shall remain in effect
921	unless amended by the Environmental Regulation Commission. Such
922	rules may include special criteria for approval of docking
923	facilities with 10 or fewer slips where construction and
924	operation of such facilities will not result in the closure of
925	shellfish waters.
926	(40)  Maintain a list of projects or activities, including
927	mitigation banks, that applicants may consider when developing
928	proposals to meet the mitigation or public interest requirements
929	of this chapter, chapter 253, or chapter 373. The contents of
930	such a list are not a rule as defined in chapter 120, and
931	listing a specific project or activity does not imply approval
932	by the department for such project or activity. Each county
933	government is encouraged to develop an inventory of projects or
934	activities for inclusion on the list by obtaining input from
935	local stakeholder groups in the public, private, and nonprofit
936	sectors, including local governments, port authorities, marine
937	contractors, other representatives of the marine construction
938	industry, environmental or conservation organizations, and other
939	interested parties. A county may establish dedicated funds for
940	depositing public interest donations into a reserve for future
941	public interest projects, including improving on-water law
942	enforcement.
943	(41)  Develop a project management plan to implement an e-
944	permitting program that allows for timely submission and
945	exchange of permit application and compliance information that
946	yields positive benefits in support of the department's mission,
947	permit applicants, permitholders, and the public. The plan shall
948	include an implementation timetable, estimated costs, and
949	transaction fees. The department shall submit the plan to the
950	President of the Senate, the Speaker of the House of
951	Representatives, and the Legislative Committee on
952	Intergovernmental Relations by January 15, 2010.
953	(42)  Expand the use of online self-certification for
954	appropriate exemptions and general permits issued by the
955	department and the water management districts providing such
956	expansion is economically feasible. Notwithstanding any other
957	provision of law, a local government is prohibited from
958	specifying the method or form of documentation that a project
959	meets the provisions for authorization under chapter 161,
960	chapter 253, chapter 373, or chapter 403. This shall include
961	Internet-based programs of the department that provide for self-
962	certification.
963
964	The department shall implement such programs in conjunction with
965	its other powers and duties and shall place special emphasis on
966	reducing and eliminating contamination that presents a threat to
967	humans, animals or plants, or to the environment.
968	Section 19.  Subsections (1) and (2) of section 403.813,
969	Florida Statutes, as amended by section 52 of chapter 2009-21,
970	Laws of Florida, are amended to read:
971	403.813  Permits issued at district centers; exceptions.--
972	(1)  A permit is not required under this chapter, chapter
973	373, chapter 61-691, Laws of Florida, or chapter 25214 or
974	chapter 25270, 1949, Laws of Florida, for activities associated
975	with the following types of projects; however, except as
976	otherwise provided in this subsection, nothing in this
977	subsection does not relieve relieves an applicant from any
978	requirement to obtain permission to use or occupy lands owned by
979	the Board of Trustees of the Internal Improvement Trust Fund or
980	any water management district in its governmental or proprietary
981	capacity or from complying with applicable local pollution
982	control programs authorized under this chapter or other
983	requirements of county and municipal governments:
984	(a)  The installation of overhead transmission lines, with
985	support structures which are not constructed in waters of the
986	state and which do not create a navigational hazard.
987	(b)  The installation and repair of mooring pilings and
988	dolphins associated with private docking facilities or piers and
989	the installation of private docks, piers and recreational
990	docking facilities, or piers and recreational docking facilities
991	of local governmental entities when the local governmental
992	entity's activities will not take place in any manatee habitat,
993	any of which docks:
994	1.  Has 500 square feet or less of over-water surface area
995	for a dock which is located in an area designated as Outstanding
996	Florida Waters or 1,000 square feet or less of over-water
997	surface area for a dock which is located in an area which is not
998	designated as Outstanding Florida Waters;
999	2.  Is constructed on or held in place by pilings or is a
1000	floating dock which is constructed so as not to involve filling
1001	or dredging other than that necessary to install the pilings;
1002	3.  Shall not substantially impede the flow of water or
1003	create a navigational hazard;
1004	4.  Is used for recreational, noncommercial activities
1005	associated with the mooring or storage of boats and boat
1006	paraphernalia; and
1007	5.  Is the sole dock constructed pursuant to this exemption
1008	as measured along the shoreline for a distance of 65 feet,
1009	unless the parcel of land or individual lot as platted is less
1010	than 65 feet in length along the shoreline, in which case there
1011	may be one exempt dock allowed per parcel or lot.
1012
1013	Nothing in this paragraph shall prohibit the department from
1014	taking appropriate enforcement action pursuant to this chapter
1015	to abate or prohibit any activity otherwise exempt from
1016	permitting pursuant to this paragraph if the department can
1017	demonstrate that the exempted activity has caused water
1018	pollution in violation of this chapter.
1019	(c)  The installation and maintenance to design
1020	specifications of boat ramps on artificial bodies of water where
1021	navigational access to the proposed ramp exists or the
1022	installation of boat ramps open to the public in any waters of
1023	the state where navigational access to the proposed ramp exists
1024	and where the construction of the proposed ramp will be less
1025	than 30 feet wide and will involve the removal of less than 25
1026	cubic yards of material from the waters of the state, and the
1027	maintenance to design specifications of such ramps; however, the
1028	material to be removed shall be placed upon a self-contained
1029	upland site so as to prevent the escape of the spoil material
1030	into the waters of the state.
1031	(d)  The replacement or repair of existing docks and piers,
1032	except that no fill material is to be used and provided that the
1033	replacement or repaired dock or pier is in the same location and
1034	of the same configuration and dimensions as the dock or pier
1035	being replaced or repaired. This does not preclude the use of
1036	different construction materials or minor deviations to allow
1037	upgrades to current structural and design standards.
1038	(e)  The restoration of seawalls at their previous
1039	locations or upland of, or within 1 foot waterward of, their
1040	previous locations. However, this shall not affect the
1041	permitting requirements of chapter 161, and department rules
1042	shall clearly indicate that this exception does not constitute
1043	an exception from the permitting requirements of chapter 161.
1044	(f)  The performance of maintenance dredging of existing
1045	manmade canals, channels, intake and discharge structures, and
1046	previously dredged portions of natural water bodies within
1047	drainage rights-of-way or drainage easements which have been
1048	recorded in the public records of the county, where the spoil
1049	material is to be removed and deposited on a self-contained,
1050	upland spoil site which will prevent the escape of the spoil
1051	material into the waters of the state, provided that no more
1052	dredging is to be performed than is necessary to restore the
1053	canals, channels, and intake and discharge structures, and
1054	previously dredged portions of natural water bodies, to original
1055	design specifications or configurations, provided that the work
1056	is conducted in compliance with s. 379.2431(2)(d), provided that
1057	no significant impacts occur to previously undisturbed natural
1058	areas, and provided that control devices for return flow and
1059	best management practices for erosion and sediment control are
1060	utilized to prevent bank erosion and scouring and to prevent
1061	turbidity, dredged material, and toxic or deleterious substances
1062	from discharging into adjacent waters during maintenance
1063	dredging. Further, for maintenance dredging of previously
1064	dredged portions of natural water bodies within recorded
1065	drainage rights-of-way or drainage easements, an entity that
1066	seeks an exemption must notify the department or water
1067	management district, as applicable, at least 30 days prior to
1068	dredging and provide documentation of original design
1069	specifications or configurations where such exist. This
1070	exemption applies to all canals and previously dredged portions
1071	of natural water bodies within recorded drainage rights-of-way
1072	or drainage easements constructed prior to April 3, 1970, and to
1073	those canals and previously dredged portions of natural water
1074	bodies constructed on or after April 3, 1970, pursuant to all
1075	necessary state permits. This exemption does not apply to the
1076	removal of a natural or manmade barrier separating a canal or
1077	canal system from adjacent waters. When no previous permit has
1078	been issued by the Board of Trustees of the Internal Improvement
1079	Trust Fund or the United States Army Corps of Engineers for
1080	construction or maintenance dredging of the existing manmade
1081	canal or intake or discharge structure, such maintenance
1082	dredging shall be limited to a depth of no more than 5 feet
1083	below mean low water. The Board of Trustees of the Internal
1084	Improvement Trust Fund may fix and recover from the permittee an
1085	amount equal to the difference between the fair market value and
1086	the actual cost of the maintenance dredging for material removed
1087	during such maintenance dredging. However, no charge shall be
1088	exacted by the state for material removed during such
1089	maintenance dredging by a public port authority. The removing
1090	party may subsequently sell such material; however, proceeds
1091	from such sale that exceed the costs of maintenance dredging
1092	shall be remitted to the state and deposited in the Internal
1093	Improvement Trust Fund.
1094	(g)  The maintenance of existing insect control structures,
1095	dikes, and irrigation and drainage ditches, provided that spoil
1096	material is deposited on a self-contained, upland spoil site
1097	which will prevent the escape of the spoil material into waters
1098	of the state. In the case of insect control structures, if the
1099	cost of using a self-contained upland spoil site is so
1100	excessive, as determined by the Department of Health, pursuant
1101	to s. 403.088(1), that it will inhibit proposed insect control,
1102	then-existing spoil sites or dikes may be used, upon
1103	notification to the department. In the case of insect control
1104	where upland spoil sites are not used pursuant to this
1105	exemption, turbidity control devices shall be used to confine
1106	the spoil material discharge to that area previously disturbed
1107	when the receiving body of water is used as a potable water
1108	supply, is designated as shellfish harvesting waters, or
1109	functions as a habitat for commercially or recreationally
1110	important shellfish or finfish. In all cases, no more dredging
1111	is to be performed than is necessary to restore the dike or
1112	irrigation or drainage ditch to its original design
1113	specifications.
1114	(h)  The repair or replacement of existing functional pipes
1115	or culverts the purpose of which is the discharge or conveyance
1116	of stormwater. In all cases, the invert elevation, the diameter,
1117	and the length of the culvert shall not be changed. However, the
1118	material used for the culvert may be different from the
1119	original.
1120	(i)  The construction of private docks of 1,000 square feet
1121	or less of over-water surface area and seawalls in artificially
1122	created waterways where such construction will not violate
1123	existing water quality standards, impede navigation, or affect
1124	flood control. This exemption does not apply to the construction
1125	of vertical seawalls in estuaries or lagoons unless the proposed
1126	construction is within an existing manmade canal where the
1127	shoreline is currently occupied in whole or part by vertical
1128	seawalls.
1129	(j)  The construction and maintenance of swales.
1130	(k)  The installation of aids to navigation and buoys
1131	associated with such aids, provided the devices are marked
1132	pursuant to s. 327.40.
1133	(l)  The replacement or repair of existing open-trestle
1134	foot bridges and vehicular bridges that are 100 feet or less in
1135	length and two lanes or less in width, provided that no more
1136	dredging or filling of submerged lands is performed other than
1137	that which is necessary to replace or repair pilings and that
1138	the structure to be replaced or repaired is the same length, the
1139	same configuration, and in the same location as the original
1140	bridge. No debris from the original bridge shall be allowed to
1141	remain in the waters of the state.
1142	(m)  The installation of subaqueous transmission and
1143	distribution lines laid on, or embedded in, the bottoms of
1144	waters in the state, except in Class I and Class II waters and
1145	aquatic preserves, provided no dredging or filling is necessary.
1146	(n)  The replacement or repair of subaqueous transmission
1147	and distribution lines laid on, or embedded in, the bottoms of
1148	waters of the state.
1149	(o)  The construction of private seawalls in wetlands or
1150	other surface waters where such construction is between and
1151	adjoins at both ends existing seawalls; follows a continuous and
1152	uniform seawall construction line with the existing seawalls; is
1153	no more than 150 feet in length; and does not violate existing
1154	water quality standards, impede navigation, or affect flood
1155	control. However, in estuaries and lagoons the construction of
1156	vertical seawalls is limited to the circumstances and purposes
1157	stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
1158	the permitting requirements of chapter 161, and department rules
1159	must clearly indicate that this exception does not constitute an
1160	exception from the permitting requirements of chapter 161.
1161	(p)  The restoration of existing insect control impoundment
1162	dikes which are less than 100 feet in length. Such impoundments
1163	shall be connected to tidally influenced waters for 6 months
1164	each year beginning September 1 and ending February 28 if
1165	feasible or operated in accordance with an impoundment
1166	management plan approved by the department. A dike restoration
1167	may involve no more dredging than is necessary to restore the
1168	dike to its original design specifications. For the purposes of
1169	this paragraph, restoration does not include maintenance of
1170	impoundment dikes of operating insect control impoundments.
1171	(q)  The construction, operation, or maintenance of
1172	stormwater management facilities which are designed to serve
1173	single-family residential projects, including duplexes,
1174	triplexes, and quadruplexes, if they are less than 10 acres
1175	total land and have less than 2 acres of impervious surface and
1176	if the facilities:
1177	1.  Comply with all regulations or ordinances applicable to
1178	stormwater management and adopted by a city or county;
1179	2.  Are not part of a larger common plan of development or
1180	sale; and
1181	3.  Discharge into a stormwater discharge facility exempted
1182	or permitted by the department under this chapter which has
1183	sufficient capacity and treatment capability as specified in
1184	this chapter and is owned, maintained, or operated by a city,
1185	county, special district with drainage responsibility, or water
1186	management district; however, this exemption does not authorize
1187	discharge to a facility without the facility owner's prior
1188	written consent.
1189	(r)  The removal of aquatic plants, the removal of
1190	tussocks, the associated replanting of indigenous aquatic
1191	plants, and the associated removal from lakes of organic
1192	detrital material when such planting or removal is performed and
1193	authorized by permit or exemption granted under s. 369.20 or s.
1194	369.25, provided that:
1195	1.  Organic detrital material that exists on the surface of
1196	natural mineral substrate shall be allowed to be removed to a
1197	depth of 3 feet or to the natural mineral substrate, whichever
1198	is less;
1199	2.  All material removed pursuant to this paragraph shall
1200	be deposited in an upland site in a manner that will prevent the
1201	reintroduction of the material into waters in the state except
1202	when spoil material is permitted to be used to create wildlife
1203	islands in freshwater bodies of the state when a governmental
1204	entity is permitted pursuant to s. 369.20 to create such islands
1205	as a part of a restoration or enhancement project;
1206	3.  All activities are performed in a manner consistent
1207	with state water quality standards; and
1208	4.  No activities under this exemption are conducted in
1209	wetland areas, as defined by s. 373.019(25), which are supported
1210	by a natural soil as shown in applicable United States
1211	Department of Agriculture county soil surveys, except when a
1212	governmental entity is permitted pursuant to s. 369.20 to
1213	conduct such activities as a part of a restoration or
1214	enhancement project.
1215
1216	The department may not adopt implementing rules for this
1217	paragraph, notwithstanding any other provision of law.
1218	(s)  The construction, installation, operation, or
1219	maintenance of floating vessel platforms or floating boat lifts,
1220	provided that such structures:
1221	1.  Float at all times in the water for the sole purpose of
1222	supporting a vessel so that the vessel is out of the water when
1223	not in use;
1224	2.  Are wholly contained within a boat slip previously
1225	permitted under ss. 403.91-403.929, 1984 Supplement to the
1226	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1227	do not exceed a combined total of 500 square feet, or 200 square
1228	feet in an Outstanding Florida Water, when associated with a
1229	dock that is exempt under this subsection or associated with a
1230	permitted dock with no defined boat slip or attached to a
1231	bulkhead on a parcel of land where there is no other docking
1232	structure;
1233	3.  Are not used for any commercial purpose or for mooring
1234	vessels that remain in the water when not in use, and do not
1235	substantially impede the flow of water, create a navigational
1236	hazard, or unreasonably infringe upon the riparian rights of
1237	adjacent property owners, as defined in s. 253.141;
1238	4.  Are constructed and used so as to minimize adverse
1239	impacts to submerged lands, wetlands, shellfish areas, aquatic
1240	plant and animal species, and other biological communities,
1241	including locating such structures in areas where seagrasses are
1242	least dense adjacent to the dock or bulkhead; and
1243	5.  Are not constructed in areas specifically prohibited
1244	for boat mooring under conditions of a permit issued in
1245	accordance with ss. 403.91-403.929, 1984 Supplement to the
1246	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1247	other form of authorization issued by a local government.
1248
1249	Structures that qualify for this exemption are relieved from any
1250	requirement to obtain permission to use or occupy lands owned by
1251	the Board of Trustees of the Internal Improvement Trust Fund
1252	and, with the exception of those structures attached to a
1253	bulkhead on a parcel of land where there is no docking
1254	structure, shall not be subject to any more stringent permitting
1255	requirements, registration requirements, or other regulation by
1256	any local government. Local governments may require either
1257	permitting or one-time registration of floating vessel platforms
1258	to be attached to a bulkhead on a parcel of land where there is
1259	no other docking structure as necessary to ensure compliance
1260	with local ordinances, codes, or regulations. Local governments
1261	may require either permitting or one-time registration of all
1262	other floating vessel platforms as necessary to ensure
1263	compliance with the exemption criteria in this section; to
1264	ensure compliance with local ordinances, codes, or regulations
1265	relating to building or zoning, which are no more stringent than
1266	the exemption criteria in this section or address subjects other
1267	than subjects addressed by the exemption criteria in this
1268	section; and to ensure proper installation, maintenance, and
1269	precautionary or evacuation action following a tropical storm or
1270	hurricane watch of a floating vessel platform or floating boat
1271	lift that is proposed to be attached to a bulkhead or parcel of
1272	land where there is no other docking structure. The exemption
1273	provided in this paragraph shall be in addition to the exemption
1274	provided in paragraph (b). The department shall adopt a general
1275	permit by rule for the construction, installation, operation, or
1276	maintenance of those floating vessel platforms or floating boat
1277	lifts that do not qualify for the exemption provided in this
1278	paragraph but do not cause significant adverse impacts to occur
1279	individually or cumulatively. The issuance of such general
1280	permit shall also constitute permission to use or occupy lands
1281	owned by the Board of Trustees of the Internal Improvement Trust
1282	Fund. No local government shall impose a more stringent
1283	regulation, permitting requirement, registration requirement, or
1284	other regulation covered by such general permit. Local
1285	governments may require either permitting or one-time
1286	registration of floating vessel platforms as necessary to ensure
1287	compliance with the general permit in this section; to ensure
1288	compliance with local ordinances, codes, or regulations relating
1289	to building or zoning that are no more stringent than the
1290	general permit in this section; and to ensure proper
1291	installation and maintenance of a floating vessel platform or
1292	floating boat lift that is proposed to be attached to a bulkhead
1293	or parcel of land where there is no other docking structure.
1294	(t)  The repair, stabilization, or paving of existing
1295	county maintained roads and the repair or replacement of bridges
1296	that are part of the roadway, within the Northwest Florida Water
1297	Management District and the Suwannee River Water Management
1298	District, provided:
1299	1.  The road and associated bridge were in existence and in
1300	use as a public road or bridge, and were maintained by the
1301	county as a public road or bridge on or before January 1, 2002;
1302	2.  The construction activity does not realign the road or
1303	expand the number of existing traffic lanes of the existing
1304	road; however, the work may include the provision of safety
1305	shoulders, clearance of vegetation, and other work reasonably
1306	necessary to repair, stabilize, pave, or repave the road,
1307	provided that the work is constructed by generally accepted
1308	engineering standards;
1309	3.  The construction activity does not expand the existing
1310	width of an existing vehicular bridge in excess of that
1311	reasonably necessary to properly connect the bridge with the
1312	road being repaired, stabilized, paved, or repaved to safely
1313	accommodate the traffic expected on the road, which may include
1314	expanding the width of the bridge to match the existing
1315	connected road. However, no debris from the original bridge
1316	shall be allowed to remain in waters of the state, including
1317	wetlands;
1318	4.  Best management practices for erosion control shall be
1319	employed as necessary to prevent water quality violations;
1320	5.  Roadside swales or other effective means of stormwater
1321	treatment must be incorporated as part of the project;
1322	6.  No more dredging or filling of wetlands or water of the
1323	state is performed than that which is reasonably necessary to
1324	repair, stabilize, pave, or repave the road or to repair or
1325	replace the bridge, in accordance with generally accepted
1326	engineering standards; and
1327	7.  Notice of intent to use the exemption is provided to
1328	the department, if the work is to be performed within the
1329	Northwest Florida Water Management District, or to the Suwannee
1330	River Water Management District, if the work is to be performed
1331	within the Suwannee River Water Management District, 30 days
1332	prior to performing any work under the exemption.
1333
1334	Within 30 days after this act becomes a law, the department
1335	shall initiate rulemaking to adopt a no fee general permit for
1336	the repair, stabilization, or paving of existing roads that are
1337	maintained by the county and the repair or replacement of
1338	bridges that are part of the roadway where such activities do
1339	not cause significant adverse impacts to occur individually or
1340	cumulatively. The general permit shall apply statewide and, with
1341	no additional rulemaking required, apply to qualified projects
1342	reviewed by the Suwannee River Water Management District, the
1343	St. Johns River Water Management District, the Southwest Florida
1344	Water Management District, and the South Florida Water
1345	Management District under the division of responsibilities
1346	contained in the operating agreements applicable to part IV of
1347	chapter 373. Upon adoption, this general permit shall, pursuant
1348	to the provisions of subsection (2), supersede and replace the
1349	exemption in this paragraph.
1350	(u)  Notwithstanding any provision to the contrary in this
1351	subsection, a permit or other authorization under chapter 253,
1352	chapter 369, chapter 373, or this chapter is not required for an
1353	individual residential property owner for the removal of organic
1354	detrital material from freshwater rivers or lakes that have a
1355	natural sand or rocky substrate and that are not Aquatic
1356	Preserves or for the associated removal and replanting of
1357	aquatic vegetation for the purpose of environmental enhancement,
1358	providing that:
1359	1.  No activities under this exemption are conducted in
1360	wetland areas, as defined by s. 373.019(25), which are supported
1361	by a natural soil as shown in applicable United States
1362	Department of Agriculture county soil surveys.
1363	2.  No filling or peat mining is allowed.
1364	3.  No removal of native wetland trees, including, but not
1365	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
1366	4.  When removing organic detrital material, no portion of
1367	the underlying natural mineral substrate or rocky substrate is
1368	removed.
1369	5.  Organic detrital material and plant material removed is
1370	deposited in an upland site in a manner that will not cause
1371	water quality violations.
1372	6.  All activities are conducted in such a manner, and with
1373	appropriate turbidity controls, so as to prevent any water
1374	quality violations outside the immediate work area.
1375	7.  Replanting with a variety of aquatic plants native to
1376	the state shall occur in a minimum of 25 percent of the
1377	preexisting vegetated areas where organic detrital material is
1378	removed, except for areas where the material is removed to bare
1379	rocky substrate; however, an area may be maintained clear of
1380	vegetation as an access corridor. The access corridor width may
1381	not exceed 50 percent of the property owner's frontage or 50
1382	feet, whichever is less, and may be a sufficient length
1383	waterward to create a corridor to allow access for a boat or
1384	swimmer to reach open water. Replanting must be at a minimum
1385	density of 2 feet on center and be completed within 90 days
1386	after removal of existing aquatic vegetation, except that under
1387	dewatered conditions replanting must be completed within 90 days
1388	after reflooding. The area to be replanted must extend waterward
1389	from the ordinary high water line to a point where normal water
1390	depth would be 3 feet or the preexisting vegetation line,
1391	whichever is less. Individuals are required to make a reasonable
1392	effort to maintain planting density for a period of 6 months
1393	after replanting is complete, and the plants, including
1394	naturally recruited native aquatic plants, must be allowed to
1395	expand and fill in the revegetation area. Native aquatic plants
1396	to be used for revegetation must be salvaged from the
1397	enhancement project site or obtained from an aquatic plant
1398	nursery regulated by the Department of Agriculture and Consumer
1399	Services. Plants that are not native to the state may not be
1400	used for replanting.
1401	8.  No activity occurs any farther than 100 feet waterward
1402	of the ordinary high water line, and all activities must be
1403	designed and conducted in a manner that will not unreasonably
1404	restrict or infringe upon the riparian rights of adjacent upland
1405	riparian owners.
1406	9.  The person seeking this exemption notifies the
1407	applicable department district office in writing at least 30
1408	days before commencing work and allows the department to conduct
1409	a preconstruction site inspection. Notice must include an
1410	organic-detrital-material removal and disposal plan and, if
1411	applicable, a vegetation-removal and revegetation plan.
1412	10.  The department is provided written certification of
1413	compliance with the terms and conditions of this paragraph
1414	within 30 days after completion of any activity occurring under
1415	this exemption.
1416	(2)  The provisions of subsection (1) are superseded by
1417	general permits established pursuant to ss. 373.118 and 403.814
1418	which include the same activities. Until such time as general
1419	permits are established, or if should general permits are be
1420	suspended or repealed, the exemptions under subsection (1) shall
1421	remain or shall be reestablished in full force and effect.
1422	Section 20.  Subsection (12) is added to section 403.814,
1423	Florida Statutes, to read:
1424	403.814  General permits; delegation.--
1425	(12)  The department shall expand the use of Internet-based
1426	self-certification services for appropriate exemptions and
1427	general permits issued by the department and water management
1428	districts, providing such expansion is economically feasible. In
1429	addition, the department shall identify and develop general
1430	permits for activities currently requiring individual review
1431	which could be expedited through the use of professional
1432	certifications. The department shall submit a report on progress
1433	of these efforts to the President of the Senate and the Speaker
1434	of the House of Representatives by January 15, 2010.
1435	Section 21.  Section 403.973, Florida Statutes, is amended
1436	to read:
1437	403.973  Expedited permitting; comprehensive plan
1438	amendments.--
1439	(1)  It is the intent of the Legislature to encourage and
1440	facilitate the location and expansion of those types of economic
1441	development projects which offer job creation and high wages,
1442	strengthen and diversify the state's economy, and have been
1443	thoughtfully planned to take into consideration the protection
1444	of the state's environment. It is also the intent of the
1445	Legislature to provide for an expedited permitting and
1446	comprehensive plan amendment process for such projects.
1447	(2)  As used in this section, the term:
1448	(a)  "Duly noticed" means publication in a newspaper of
1449	general circulation in the municipality or county with
1450	jurisdiction. The notice shall appear on at least 2 separate
1451	days, one of which shall be at least 7 days before the meeting.
1452	The notice shall state the date, time, and place of the meeting
1453	scheduled to discuss or enact the memorandum of agreement, and
1454	the places within the municipality or county where such proposed
1455	memorandum of agreement may be inspected by the public. The
1456	notice must be one-eighth of a page in size and must be
1457	published in a portion of the paper other than the legal notices
1458	section. The notice shall also advise that interested parties
1459	may appear at the meeting and be heard with respect to the
1460	memorandum of agreement.
1461	(b)  "Jobs" means permanent, full-time equivalent positions
1462	not including construction jobs.
1463	(c)  "Office" means the Office of Tourism, Trade, and
1464	Economic Development.
1465	(c)(d)  "Permit applications" means state permits and
1466	licenses, and at the option of a participating local government,
1467	local development permits or orders.
1468	(d)  "Secretary" means the Secretary of Environmental
1469	Protection or his or her designee.
1470	(3)(a)  The secretary Governor, through the office, shall
1471	direct the creation of regional permit action teams, for the
1472	purpose of expediting review of permit applications and local
1473	comprehensive plan amendments submitted by:
1474	1.  Businesses creating at least 50 100 jobs, or
1475	2.  Businesses creating at least 25 50 jobs if the project
1476	is located in an enterprise zone, or in a county having a
1477	population of less than 75,000 or in a county having a
1478	population of less than 100,000 which is contiguous to a county
1479	having a population of less than 75,000, as determined by the
1480	most recent decennial census, residing in incorporated and
1481	unincorporated areas of the county, or
1482	(b)  On a case-by-case basis and at the request of a county
1483	or municipal government, the secretary office may certify as
1484	eligible for expedited review a project not meeting the minimum
1485	job creation thresholds but creating a minimum of 10 jobs. The
1486	recommendation from the governing body of the county or
1487	municipality in which the project may be located is required in
1488	order for the secretary office to certify that any project is
1489	eligible for expedited review under this paragraph. When
1490	considering projects that do not meet the minimum job creation
1491	thresholds but that are recommended by the governing body in
1492	which the project may be located, the secretary office shall
1493	consider economic impact factors that include, but are not
1494	limited to:
1495	1.  The proposed wage and skill levels relative to those
1496	existing in the area in which the project may be located;
1497	2.  The project's potential to diversify and strengthen the
1498	area's economy;
1499	3.  The amount of capital investment; and
1500	4.  The number of jobs that will be made available for
1501	persons served by the welfare transition program.
1502	(c)  At the request of a county or municipal government,
1503	the secretary office or a Quick Permitting County may certify
1504	projects located in counties where the ratio of new jobs per
1505	participant in the welfare transition program, as determined by
1506	Workforce Florida, Inc., is less than one or otherwise critical,
1507	as eligible for the expedited permitting process. Such projects
1508	must meet the numerical job creation criteria of this
1509	subsection, but the jobs created by the project do not have to
1510	be high-wage jobs that diversify the state's economy.
1511	(d)  Projects located in a designated brownfield area are
1512	eligible for the expedited permitting process.
1513	(e)  Projects that are part of the state-of-the-art
1514	biomedical research institution and campus to be established in
1515	this state by the grantee under s. 288.955 are eligible for the
1516	expedited permitting process, if the projects are designated as
1517	part of the institution or campus by the board of county
1518	commissioners of the county in which the institution and campus
1519	are established.
1520	(f)  Projects that result in the production of biofuels
1521	cultivated on lands that are 1,000 acres or more or the
1522	construction of a biofuel or biodiesel processing facility or a
1523	facility generating renewable energy as defined in s.
1524	366.91(2)(d) are eligible for the expedited permitting process.
1525	(4)  The regional teams shall be established through the
1526	execution of memoranda of agreement developed by the applicant
1527	and between the secretary, with input solicited from office and
1528	the respective heads of the Department of Environmental
1529	Protection, the Department of Community Affairs, the Department
1530	of Transportation and its district offices, the Department of
1531	Agriculture and Consumer Services, the Fish and Wildlife
1532	Conservation Commission, appropriate regional planning councils,
1533	appropriate water management districts, and voluntarily
1534	participating municipalities and counties. The memoranda of
1535	agreement should also accommodate participation in this
1536	expedited process by other local governments and federal
1537	agencies as circumstances warrant.
1538	(5)  In order to facilitate local government's option to
1539	participate in this expedited review process, the secretary
1540	office shall, in cooperation with local governments and
1541	participating state agencies, create a standard form memorandum
1542	of agreement. A local government shall hold a duly noticed
1543	public workshop to review and explain to the public the
1544	expedited permitting process and the terms and conditions of the
1545	standard form memorandum of agreement.
1546	(6)  The local government shall hold a duly noticed public
1547	hearing to execute a memorandum of agreement for each qualified
1548	project. Notwithstanding any other provision of law, and at the
1549	option of the local government, the workshop provided for in
1550	subsection (5) may be conducted on the same date as the public
1551	hearing held under this subsection. The memorandum of agreement
1552	that a local government signs shall include a provision
1553	identifying necessary local government procedures and time
1554	limits that will be modified to allow for the local government
1555	decision on the project within 90 days. The memorandum of
1556	agreement applies to projects, on a case-by-case basis, that
1557	qualify for special review and approval as specified in this
1558	section. The memorandum of agreement must make it clear that
1559	this expedited permitting and review process does not modify,
1560	qualify, or otherwise alter existing local government
1561	nonprocedural standards for permit applications, unless
1562	expressly authorized by law.
1563	(7)  At the option of the participating local government,
1564	Appeals of local government approvals its final approval for a
1565	project shall may be pursuant to the summary hearing provisions
1566	of s. 120.574, pursuant to subsection (14), and be consolidated
1567	with the challenge of any applicable state agency actions or
1568	pursuant to other appellate processes available to the local
1569	government. The local government's decision to enter into a
1570	summary hearing must be made as provided in s. 120.574 or in the
1571	memorandum of agreement.
1572	(8)  Each memorandum of agreement shall include a process
1573	for final agency action on permit applications and local
1574	comprehensive plan amendment approvals within 90 days after
1575	receipt of a completed application, unless the applicant agrees
1576	to a longer time period or the secretary office determines that
1577	unforeseen or uncontrollable circumstances preclude final agency
1578	action within the 90-day timeframe. Permit applications governed
1579	by federally delegated or approved permitting programs whose
1580	requirements would prohibit or be inconsistent with the 90-day
1581	timeframe are exempt from this provision, but must be processed
1582	by the agency with federally delegated or approved program
1583	responsibility as expeditiously as possible.
1584	(9)  The secretary office shall inform the Legislature by
1585	October 1 of each year which agencies have not entered into or
1586	implemented an agreement and identify any barriers to achieving
1587	success of the program.
1588	(10)  The memoranda of agreement may provide for the waiver
1589	or modification of procedural rules prescribing forms, fees,
1590	procedures, or time limits for the review or processing of
1591	permit applications under the jurisdiction of those agencies
1592	that are party to the memoranda of agreement. Notwithstanding
1593	any other provision of law to the contrary, a memorandum of
1594	agreement must to the extent feasible provide for proceedings
1595	and hearings otherwise held separately by the parties to the
1596	memorandum of agreement to be combined into one proceeding or
1597	held jointly and at one location. Such waivers or modifications
1598	shall not be available for permit applications governed by
1599	federally delegated or approved permitting programs, the
1600	requirements of which would prohibit, or be inconsistent with,
1601	such a waiver or modification.
1602	(11)  The standard form memoranda of agreement shall
1603	include guidelines to be used in working with state, regional,
1604	and local permitting authorities. Guidelines may include, but
1605	are not limited to, the following:
1606	(a)  A central contact point for filing permit applications
1607	and local comprehensive plan amendments and for obtaining
1608	information on permit and local comprehensive plan amendment
1609	requirements;
1610	(b)  Identification of the individual or individuals within
1611	each respective agency who will be responsible for processing
1612	the expedited permit application or local comprehensive plan
1613	amendment for that agency;
1614	(c)  A mandatory preapplication review process to reduce
1615	permitting conflicts by providing guidance to applicants
1616	regarding the permits needed from each agency and governmental
1617	entity, site planning and development, site suitability and
1618	limitations, facility design, and steps the applicant can take
1619	to ensure expeditious permit application and local comprehensive
1620	plan amendment review. As a part of this process, the first
1621	interagency meeting to discuss a project shall be held within 14
1622	days after the secretary's office's determination that the
1623	project is eligible for expedited review. Subsequent interagency
1624	meetings may be scheduled to accommodate the needs of
1625	participating local governments that are unable to meet public
1626	notice requirements for executing a memorandum of agreement
1627	within this timeframe. This accommodation may not exceed 45 days
1628	from the secretary's office's determination that the project is
1629	eligible for expedited review;
1630	(d)  The preparation of a single coordinated project
1631	description form and checklist and an agreement by state and
1632	regional agencies to reduce the burden on an applicant to
1633	provide duplicate information to multiple agencies;
1634	(e)  Establishment of a process for the adoption and review
1635	of any comprehensive plan amendment needed by any certified
1636	project within 90 days after the submission of an application
1637	for a comprehensive plan amendment. However, the memorandum of
1638	agreement may not prevent affected persons as defined in s.
1639	163.3184 from appealing or participating in this expedited plan
1640	amendment process and any review or appeals of decisions made
1641	under this paragraph; and
1642	(f)  Additional incentives for an applicant who proposes a
1643	project that provides a net ecosystem benefit.
1644	(12)  The applicant, the regional permit action team, and
1645	participating local governments may agree to incorporate into a
1646	single document the permits, licenses, and approvals that are
1647	obtained through the expedited permit process. This consolidated
1648	permit is subject to the summary hearing provisions set forth in
1649	subsection (14).
1650	(13)  Notwithstanding any other provisions of law:
1651	(a)  Local comprehensive plan amendments for projects
1652	qualified under this section are exempt from the twice-a-year
1653	limits provision in s. 163.3187; and
1654	(b)  Projects qualified under this section are not subject
1655	to interstate highway level-of-service standards adopted by the
1656	Department of Transportation for concurrency purposes. The
1657	memorandum of agreement specified in subsection (5) must include
1658	a process by which the applicant will be assessed a fair share
1659	of the cost of mitigating the project's significant traffic
1660	impacts, as defined in chapter 380 and related rules. The
1661	agreement must also specify whether the significant traffic
1662	impacts on the interstate system will be mitigated through the
1663	implementation of a project or payment of funds to the
1664	Department of Transportation. Where funds are paid, the
1665	Department of Transportation must include in the 5-year work
1666	program transportation projects or project phases, in an amount
1667	equal to the funds received, to mitigate the traffic impacts
1668	associated with the proposed project.
1669	(14)(a)  Challenges to state agency action in the expedited
1670	permitting process for projects processed under this section are
1671	subject to the summary hearing provisions of s. 120.574, except
1672	that the administrative law judge's decision, as provided in s.
1673	120.574(2)(f), shall be in the form of a recommended order and
1674	shall not constitute the final action of the state agency. In
1675	those proceedings where the action of only one agency of the
1676	state other than the Department of Environmental Protection is
1677	challenged, the agency of the state shall issue the final order
1678	within 45 10 working days after of receipt of the administrative
1679	law judge's recommended order. The recommended order shall
1680	inform the parties of the right to file exceptions to the
1681	recommended order and to file responses thereto in accordance
1682	with the Uniform Rules of Procedure. In those proceedings where
1683	the actions of more than one agency of the state are challenged,
1684	the Governor shall issue the final order, except for the
1685	issuance of department licenses required under any federally
1686	delegated or approved permit program for which the department
1687	shall enter the final order, within 45 10 working days after of
1688	receipt of the administrative law judge's recommended order. The
1689	recommended order shall inform the parties of the right to file
1690	exceptions to the recommended order and to file responses
1691	thereto in accordance with the Uniform Rules of Procedure. The
1692	participating agencies of the state may opt at the preliminary
1693	hearing conference to allow the administrative law judge's
1694	decision to constitute the final agency action. If a
1695	participating local government agrees to participate in the
1696	summary hearing provisions of s. 120.574 for purposes of review
1697	of local government comprehensive plan amendments, s.
1698	163.3184(9) and (10) apply.
1699	(b)  Challenges to state agency action in the expedited
1700	permitting process for establishment of a state-of-the-art
1701	biomedical research institution and campus in this state by the
1702	grantee under s. 288.955 or projects identified in paragraph
1703	(3)(f) are subject to the same requirements as challenges
1704	brought under paragraph (a), except that, notwithstanding s.
1705	120.574, summary proceedings must be conducted within 30 days
1706	after a party files the motion for summary hearing, regardless
1707	of whether the parties agree to the summary proceeding.
1708	(15)  The secretary office, working with the agencies
1709	providing cooperative assistance and input to participating in
1710	the memoranda of agreement, shall review sites proposed for the
1711	location of facilities eligible for the Innovation Incentive
1712	Program under s. 288.1089. Within 20 days after the request for
1713	the review by the secretary office, the agencies shall provide
1714	to the secretary office a statement as to each site's necessary
1715	permits under local, state, and federal law and an
1716	identification of significant permitting issues, which if
1717	unresolved, may result in the denial of an agency permit or
1718	approval or any significant delay caused by the permitting
1719	process.
1720	(16)  This expedited permitting process shall not modify,
1721	qualify, or otherwise alter existing agency nonprocedural
1722	standards for permit applications or local comprehensive plan
1723	amendments, unless expressly authorized by law. If it is
1724	determined that the applicant is not eligible to use this
1725	process, the applicant may apply for permitting of the project
1726	through the normal permitting processes.
1727	(17)  The secretary office shall be responsible for
1728	certifying a business as eligible for undergoing expedited
1729	review under this section. Enterprise Florida, Inc., a county or
1730	municipal government, or the Rural Economic Development
1731	Initiative may recommend to the secretary Office of Tourism,
1732	Trade, and Economic Development that a project meeting the
1733	minimum job creation threshold undergo expedited review.
1734	(18)  The secretary office, working with the Rural Economic
1735	Development Initiative and the agencies participating in the
1736	memoranda of agreement, shall provide technical assistance in
1737	preparing permit applications and local comprehensive plan
1738	amendments for counties having a population of less than 75,000
1739	residents, or counties having fewer than 100,000 residents which
1740	are contiguous to counties having fewer than 75,000 residents.
1741	Additional assistance may include, but not be limited to,
1742	guidance in land development regulations and permitting
1743	processes, working cooperatively with state, regional, and local
1744	entities to identify areas within these counties which may be
1745	suitable or adaptable for preclearance review of specified types
1746	of land uses and other activities requiring permits.
1747	(19)  The following projects are ineligible for review
1748	under this part:
1749	(a)  A project funded and operated by a local government,
1750	as defined in s. 377.709, and located within that government's
1751	jurisdiction.
1752	(b)  A project, the primary purpose of which is to:
1753	1.  Effect the final disposal of solid waste, biomedical
1754	waste, or hazardous waste in this state.
1755	2.  Produce electrical power, unless the production of
1756	electricity is incidental and not the primary function of the
1757	project or the electrical power is derived from a fuel source
1758	for renewable energy as defined in s. 366.91(2)(d).
1759	3.  Extract natural resources.
1760	4.  Produce oil.
1761	5.  Construct, maintain, or operate an oil, petroleum,
1762	natural gas, or sewage pipeline.
1763	Section 22.  Paragraph (f) of subsection (2) of section
1764	14.2015, Florida Statutes, is amended to read:
1765	14.2015  Office of Tourism, Trade, and Economic
1766	Development; creation; powers and duties.--
1767	(2)  The purpose of the Office of Tourism, Trade, and
1768	Economic Development is to assist the Governor in working with
1769	the Legislature, state agencies, business leaders, and economic
1770	development professionals to formulate and implement coherent
1771	and consistent policies and strategies designed to provide
1772	economic opportunities for all Floridians. To accomplish such
1773	purposes, the Office of Tourism, Trade, and Economic Development
1774	shall:
1775	(f)1.  Administer the Florida Enterprise Zone Act under ss.
1776	290.001-290.016, the community contribution tax credit program
1777	under ss. 220.183 and 624.5105, the tax refund program for
1778	qualified target industry businesses under s. 288.106, the tax-
1779	refund program for qualified defense contractors and space
1780	flight business contractors under s. 288.1045, contracts for
1781	transportation projects under s. 288.063, the sports franchise
1782	facility program under s. 288.1162, the professional golf hall
1783	of fame facility program under s. 288.1168, the expedited
1784	permitting process under s. 403.973, the Rural Community
1785	Development Revolving Loan Fund under s. 288.065, the Regional
1786	Rural Development Grants Program under s. 288.018, the Certified
1787	Capital Company Act under s. 288.99, the Florida State Rural
1788	Development Council, the Rural Economic Development Initiative,
1789	and other programs that are specifically assigned to the office
1790	by law, by the appropriations process, or by the Governor.
1791	Notwithstanding any other provisions of law, the office may
1792	expend interest earned from the investment of program funds
1793	deposited in the Grants and Donations Trust Fund to contract for
1794	the administration of the programs, or portions of the programs,
1795	enumerated in this paragraph or assigned to the office by law,
1796	by the appropriations process, or by the Governor. Such
1797	expenditures shall be subject to review under chapter 216.
1798	2.  The office may enter into contracts in connection with
1799	the fulfillment of its duties concerning the Florida First
1800	Business Bond Pool under chapter 159, tax incentives under
1801	chapters 212 and 220, tax incentives under the Certified Capital
1802	Company Act in chapter 288, foreign offices under chapter 288,
1803	the Enterprise Zone program under chapter 290, the Seaport
1804	Employment Training program under chapter 311, the Florida
1805	Professional Sports Team License Plates under chapter 320,
1806	Spaceport Florida under chapter 331, Expedited Permitting under
1807	chapter 403, and in carrying out other functions that are
1808	specifically assigned to the office by law, by the
1809	appropriations process, or by the Governor.
1810	Section 23.  Paragraph (e) of subsection (2) of section
1811	288.0655, Florida Statutes, is amended to read:
1812	288.0655  Rural Infrastructure Fund.--
1813	(2)
1814	(e)  To enable local governments to access the resources
1815	available pursuant to s. 403.973(18), the office, working with
1816	the Secretary of Environmental Protection, may award grants for
1817	surveys, feasibility studies, and other activities related to
1818	the identification and preclearance review of land which is
1819	suitable for preclearance review. Authorized grants under this
1820	paragraph shall not exceed $75,000 each, except in the case of a
1821	project in a rural area of critical economic concern, in which
1822	case the grant shall not exceed $300,000. Any funds awarded
1823	under this paragraph must be matched at a level of 50 percent
1824	with local funds, except that any funds awarded for a project in
1825	a rural area of critical economic concern must be matched at a
1826	level of 33 percent with local funds. In evaluating applications
1827	under this paragraph, the office shall consider the extent to
1828	which the application seeks to minimize administrative and
1829	consultant expenses.
1830	Section 24.  Paragraph (d) of subsection (2) and paragraph
1831	(b) of subsection (19) of section 380.06, Florida Statutes, are
1832	amended to read:
1833	380.06  Developments of regional impact.--
1834	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
1835	(d)  The guidelines and standards shall be applied as
1836	follows:
1837	1.  Fixed thresholds.--
1838	a.  A development that is below 100 percent of all
1839	numerical thresholds in the guidelines and standards shall not
1840	be required to undergo development-of-regional-impact review.
1841	b.  A development that is at or above 120 percent of any
1842	numerical threshold shall be required to undergo development-of-
1843	regional-impact review.
1844	c.  Projects certified under s. 403.973 which create at
1845	least 50 100 jobs and meet the criteria of the Secretary of
1846	Environmental Protection Office of Tourism, Trade, and Economic
1847	Development as to their impact on an area's economy, employment,
1848	and prevailing wage and skill levels that are at or below 100
1849	percent of the numerical thresholds for industrial plants,
1850	industrial parks, distribution, warehousing or wholesaling
1851	facilities, office development or multiuse projects other than
1852	residential, as described in s. 380.0651(3)(c), (d), and (h),
1853	are not required to undergo development-of-regional-impact
1854	review.
1855	2.  Rebuttable presumption.--It shall be presumed that a
1856	development that is at 100 percent or between 100 and 120
1857	percent of a numerical threshold shall be required to undergo
1858	development-of-regional-impact review.
1859	(19)  SUBSTANTIAL DEVIATIONS.--
1860	(b)  Any proposed change to a previously approved
1861	development of regional impact or development order condition
1862	which, either individually or cumulatively with other changes,
1863	exceeds any of the following criteria shall constitute a
1864	substantial deviation and shall cause the development to be
1865	subject to further development-of-regional-impact review without
1866	the necessity for a finding of same by the local government:
1867	1.  An increase in the number of parking spaces at an
1868	attraction or recreational facility by 10 percent or 330 spaces,
1869	whichever is greater, or an increase in the number of spectators
1870	that may be accommodated at such a facility by 10 percent or
1871	1,100 spectators, whichever is greater.
1872	2.  A new runway, a new terminal facility, a 25-percent
1873	lengthening of an existing runway, or a 25-percent increase in
1874	the number of gates of an existing terminal, but only if the
1875	increase adds at least three additional gates.
1876	3.  An increase in industrial development area by 10
1877	percent or 35 acres, whichever is greater.
1878	4.  An increase in the average annual acreage mined by 10
1879	percent or 11 acres, whichever is greater, or an increase in the
1880	average daily water consumption by a mining operation by 10
1881	percent or 330,000 gallons, whichever is greater. A net increase
1882	in the size of the mine by 10 percent or 825 acres, whichever is
1883	less. For purposes of calculating any net increases in size,
1884	only additions and deletions of lands that have not been mined
1885	shall be considered. An increase in the size of a heavy mineral
1886	mine as defined in s. 378.403(7) will only constitute a
1887	substantial deviation if the average annual acreage mined is
1888	more than 550 acres and consumes more than 3.3 million gallons
1889	of water per day.
1890	5.  An increase in land area for office development by 10
1891	percent or an increase of gross floor area of office development
1892	by 10 percent or 66,000 gross square feet, whichever is greater.
1893	6.  An increase in the number of dwelling units by 10
1894	percent or 55 dwelling units, whichever is greater.
1895	7.  An increase in the number of dwelling units by 50
1896	percent or 200 units, whichever is greater, provided that 15
1897	percent of the proposed additional dwelling units are dedicated
1898	to affordable workforce housing, subject to a recorded land use
1899	restriction that shall be for a period of not less than 20 years
1900	and that includes resale provisions to ensure long-term
1901	affordability for income-eligible homeowners and renters and
1902	provisions for the workforce housing to be commenced prior to
1903	the completion of 50 percent of the market rate dwelling. For
1904	purposes of this subparagraph, the term "affordable workforce
1905	housing" means housing that is affordable to a person who earns
1906	less than 120 percent of the area median income, or less than
1907	140 percent of the area median income if located in a county in
1908	which the median purchase price for a single-family existing
1909	home exceeds the statewide median purchase price of a single-
1910	family existing home. For purposes of this subparagraph, the
1911	term "statewide median purchase price of a single-family
1912	existing home" means the statewide purchase price as determined
1913	in the Florida Sales Report, Single-Family Existing Homes,
1914	released each January by the Florida Association of Realtors and
1915	the University of Florida Real Estate Research Center.
1916	8.  An increase in commercial development by 55,000 square
1917	feet of gross floor area or of parking spaces provided for
1918	customers for 330 cars or a 10-percent increase of either of
1919	these, whichever is greater.
1920	9.  An increase in hotel or motel rooms by 10 percent or 83
1921	rooms, whichever is greater.
1922	10.  An increase in a recreational vehicle park area by 10
1923	percent or 110 vehicle spaces, whichever is less.
1924	11.  A decrease in the area set aside for open space of 5
1925	percent or 20 acres, whichever is less.
1926	12.  A proposed increase to an approved multiuse
1927	development of regional impact where the sum of the increases of
1928	each land use as a percentage of the applicable substantial
1929	deviation criteria is equal to or exceeds 110 percent. The
1930	percentage of any decrease in the amount of open space shall be
1931	treated as an increase for purposes of determining when 110
1932	percent has been reached or exceeded.
1933	13.  A 15-percent increase in the number of external
1934	vehicle trips generated by the development above that which was
1935	projected during the original development-of-regional-impact
1936	review.
1937	14.  Any change which would result in development of any
1938	area which was specifically set aside in the application for
1939	development approval or in the development order for
1940	preservation or special protection of endangered or threatened
1941	plants or animals designated as endangered, threatened, or
1942	species of special concern and their habitat, any species
1943	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1944	archaeological and historical sites designated as significant by
1945	the Division of Historical Resources of the Department of State.
1946	The refinement of the boundaries and configuration of such areas
1947	shall be considered under sub-subparagraph (e)2.j.
1948
1949	The substantial deviation numerical standards in subparagraphs
1950	3., 5., 8., 9., and 12., excluding residential uses, and in
1951	subparagraph 13., are increased by 100 percent for a project
1952	certified under s. 403.973 which creates jobs and meets criteria
1953	established by the Secretary of Environmental Protection Office
1954	of Tourism, Trade, and Economic Development as to its impact on
1955	an area's economy, employment, and prevailing wage and skill
1956	levels. The substantial deviation numerical standards in
1957	subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. are increased
1958	by 50 percent for a project located wholly within an urban
1959	infill and redevelopment area designated on the applicable
1960	adopted local comprehensive plan future land use map and not
1961	located within the coastal high hazard area.
1962	Section 25.  Subsection (20) is added to section 373.414,
1963	Florida Statutes, to read:
1964	373.414  Additional criteria for activities in surface
1965	waters and wetlands.--
1966	(20)(a)  The mitigation requirements under this part shall
1967	be deemed satisfied for permits providing conceptual approval of
1968	the long-term build out or expansion of an existing airport
1969	which is operated by an aviation authority created by a special
1970	act and located within the Upper Kissimmee Planning Unit
1971	established under s. 403.067 if:
1972	1.  The amount of mitigation required to offset impacts to
1973	wetlands and other surface waters associated with such build out
1974	or expansion is determined by the methodology established
1975	pursuant to subsection (18); and
1976	2.  The specific measures acceptable to the authority to
1977	offset the impacts to wetlands and other surface waters are
1978	provided for in the permits authorizing the actual construction
1979	of the airport build out or expansion.
1980	(b)  Conceptual approval permits issued to such authorities
1981	under this subsection may be issued for durations of up to 5
1982	years.
1983	Section 26.  Section 373.185, Florida Statutes, is amended
1984	to read:
1985	373.185  Local Florida-friendly landscaping Xeriscape
1986	ordinances.--
1987	(1)  As used in this section, the term:
1988	(a)  "Local government" means any county or municipality of
1989	the state.
1990	(b)  "Xeriscape" or "Florida-friendly landscaping
1991	landscape" means quality landscapes that conserve water, and
1992	protect the environment, and are adaptable to local conditions,
1993	and which are drought tolerant. The principles of Florida-
1994	friendly landscaping Xeriscape include planting the right plant
1995	in the right place, efficient watering, appropriate
1996	fertilization, mulching, attraction of wildlife, responsible
1997	management of yard pests, recycling yard waste, reduction of
1998	stormwater runoff, and waterfront protection. The principles of
1999	Florida-friendly landscaping include practices such as landscape
2000	planning and design, appropriate choice of plants, soil
2001	analysis, which may include the appropriate use of solid waste
2002	compost, minimizing the use of efficient irrigation, practical
2003	use of turf, appropriate use of mulches, and proper maintenance.
2004	(2)  Each water management district shall design and
2005	implement an incentive program to encourage all local
2006	governments within its district to adopt new ordinances or amend
2007	existing ordinances to require Florida-friendly Xeriscape
2008	landscaping for development permitted after the effective date
2009	of the new ordinance or amendment. Each district shall adopt
2010	rules governing the implementation of its incentive program and
2011	governing the review and approval of local government Xeriscape
2012	ordinances or amendments which are intended to qualify a local
2013	government for the incentive program. Each district shall assist
2014	the local governments within its jurisdiction by providing a
2015	model Florida-friendly landscaping ordinance Xeriscape code and
2016	other technical assistance. Each district may develop its own
2017	model or use a model contained in the "Florida-Friendly
2018	Landscape Guidance Models for Ordinances, Covenants, and
2019	Restrictions" manual developed by the Department of
2020	Environmental Protection. A local government Florida-friendly
2021	landscaping Xeriscape ordinance or amendment, in order to
2022	qualify the local government for a district's incentive program,
2023	must include, at a minimum:
2024	(a)  Landscape design, installation, and maintenance
2025	standards that result in water conservation and water quality
2026	protection or restoration. Such standards shall address the use
2027	of plant groupings, soil analysis including the promotion of the
2028	use of solid waste compost, efficient irrigation systems, and
2029	other water-conserving practices.
2030	(b)  Identification of prohibited invasive exotic plant
2031	species consistent with the provisions of s. 581.091.
2032	(c)  Identification of controlled plant species,
2033	accompanied by the conditions under which such plants may be
2034	used.
2035	(d)  A provision specifying the maximum percentage of
2036	irrigated turf and the maximum percentage of impervious surfaces
2037	allowed in a Florida-friendly landscaped xeriscaped area and
2038	addressing the practical selection and installation of turf.
2039	(e)  Specific standards for land clearing and requirements
2040	for the preservation of existing native vegetation.
2041	(f)  A monitoring program for ordinance implementation and
2042	compliance.
2043
2044	In addition to developing and implementing an incentive program,
2045	each district The districts also shall work with local
2046	governments, the Department of Environmental Protection, county
2047	extension agents or offices, nursery and landscape industry
2048	groups, and other interested stakeholders to promote, through
2049	educational programs, and publications, and other activities of
2050	the district authorized under this chapter, the use of Florida-
2051	friendly landscaping Xeriscape practices, including the use of
2052	solid waste compost, in existing residential and commercial
2053	development. In these activities, each district shall use the
2054	materials developed by the department, the Institute of Food and
2055	Agricultural Sciences at the University of Florida, and the
2056	Center for Landscape Conservation and Ecology Florida-friendly
2057	landscaping program, including, but not limited to, the Florida
2058	Yards and Neighborhoods Program for homeowners, the Florida
2059	Yards and Neighborhoods Builder Developer Program for
2060	developers, and the Green Industries Best Management Practices
2061	Program for landscaping professionals. Each district may develop
2062	supplemental materials as appropriate to address the physical
2063	and natural characteristics of the district. The districts shall
2064	coordinate with the department and the Institute of Food and
2065	Agricultural Sciences at the University of Florida if revisions
2066	to the educational materials of the department or university are
2067	needed. This section may not be construed to limit the authority
2068	of the districts to require Xeriscape ordinances or practices as
2069	a condition of any consumptive use permit.
2070	(3)(a)  The Legislature finds that the use of Florida-
2071	friendly landscaping and other water use and pollution
2072	prevention measures that conserve or protect the state's water
2073	resources serves a compelling public interest and that the
2074	participation of homeowners' associations and local governments
2075	is essential to state water conservation and water quality
2076	protection and restoration efforts.
2077	(b)  A deed restriction or covenant entered after October
2078	1, 2001, or local government ordinance may not prohibit or be
2079	enforced to prohibit any property owner from implementing
2080	Xeriscape or Florida-friendly landscaping landscape on his or
2081	her land or create any requirement or limitation in conflict
2082	with any provision of part II of this chapter or a water
2083	shortage order, other order, consumptive use permit, or rule
2084	adopted or issued pursuant to part II of this chapter.
2085	(c) A local government ordinance may not prohibit or be
2086	enforced so as to prohibit any property owner from implementing
2087	Florida-friendly landscaping on his or her land.
2088	(4)  This section may not be construed to limit the
2089	authority of the department or the districts to require Florida-
2090	friendly landscaping ordinances or practices as a condition of
2091	any permit under this chapter.
2092	Section 27.  Section 373.187, Florida Statutes, is created
2093	to read:
2094	373.187  Water management district implementation of
2095	Florida-friendly landscaping.--Each water management district
2096	shall use Florida-friendly landscaping, as defined in s.
2097	373.185, on public property associated with buildings and
2098	facilities owned by the water management district and
2099	constructed after June 30, 2009. Each water management district
2100	shall also develop a 5-year program for phasing in the use of
2101	Florida-friendly landscaping on public property associated with
2102	buildings or facilities owned by the water management district
2103	and constructed before July 1, 2009.
2104	Section 28.  Section 373.228, Florida Statutes, is amended
2105	to read:
2106	373.228  Landscape irrigation design.--
2107	(1)  The Legislature finds that multiple areas throughout
2108	the state have been identified by water management districts as
2109	water resource caution areas, which indicates that in the near
2110	future water demand in those areas will exceed the current
2111	available water supply and that conservation is one of the
2112	mechanisms by which future water demand will be met.
2113	(2)  The Legislature finds that landscape irrigation
2114	comprises a significant portion of water use and that the
2115	current typical landscape irrigation system and Florida-friendly
2116	landscaping xeriscape designs offer significant potential water
2117	conservation benefits.
2118	(3)  It is the intent of the Legislature to improve
2119	landscape irrigation water use efficiency by ensuring that
2120	landscape irrigation systems meet or exceed minimum design
2121	criteria.
2122	(4)  The water management districts shall work with the
2123	Florida Nursery Nurserymen and Growers and Landscape
2124	Association, the Florida Native Plant Society, the Florida
2125	Chapter of the American Society of Landscape Architects, the
2126	Florida Irrigation Society, the Department of Agriculture and
2127	Consumer Services, the Institute of Food and Agricultural
2128	Sciences, the Department of Environmental Protection, the
2129	Department of Transportation, the Florida League of Cities, the
2130	Florida Association of Counties, and the Florida Association of
2131	Community Developers to develop landscape irrigation and
2132	Florida-friendly landscaping xeriscape design standards for new
2133	construction which incorporate a landscape irrigation system and
2134	develop scientifically based model guidelines for urban,
2135	commercial, and residential landscape irrigation, including drip
2136	irrigation, for plants, trees, sod, and other landscaping. The
2137	landscape and irrigation design standards shall be based on the
2138	irrigation code defined in the Florida Building Code, Plumbing
2139	Volume, Appendix F. Local governments shall use the standards
2140	and guidelines when developing landscape irrigation and Florida-
2141	friendly landscaping xeriscape ordinances. By January 1, 2011,
2142	the agencies and entities specified in this subsection shall
2143	review the standards and guidelines to determine whether new
2144	research findings require a change or modification of the
2145	standards and guidelines.
2146	(5)  In evaluating water use applications from public water
2147	suppliers, water management districts shall consider whether the
2148	applicable local government has adopted ordinances for
2149	landscaping and irrigation systems consistent with the Florida-
2150	friendly landscaping provisions of s. 373.185.
2151	Section 29.  Subsection (3) of section 373.323, Florida
2152	Statutes, is amended to read:
2153	373.323  Licensure of water well contractors; application,
2154	qualifications, and examinations; equipment identification.--
2155	(3)  An applicant who meets the following requirements
2156	shall be entitled to take the water well contractor licensure
2157	examination to practice water well contracting:
2158	(a)  Is at least 18 years of age.
2159	(b)  Has at least 2 years of experience in constructing,
2160	repairing, or abandoning water wells. Satisfactory proof of such
2161	experience shall be demonstrated by providing:
2162	1.  Evidence of the length of time the applicant has been
2163	engaged in the business of the construction, repair, or
2164	abandonment of water wells as a major activity, as attested to
2165	by a letter from each of three of the following persons:
2166	a.  A water well contractor.
2167	b.  A water well driller.
2168	c.  A water well parts and equipment vendor.
2169	d.  A water well inspector employed by a governmental
2170	agency.
2171	2.  A list of at least 10 water wells that the applicant
2172	has constructed, repaired, or abandoned within the preceding 5
2173	years. Of these wells, at least seven must have been
2174	constructed, as defined in s. 373.303(2), by the applicant. The
2175	list shall also include:
2176	a.  The name and address of the owner or owners of each
2177	well.
2178	b.  The location, primary use, and approximate depth and
2179	diameter of each well the applicant has constructed, repaired,
2180	or abandoned.
2181	c.  The approximate date the construction, repair, or
2182	abandonment of each well was completed.
2183	(c)  Has completed the application form and remitted a
2184	nonrefundable application fee.
2185	Section 30.  Subsection (8) of section 373.333, Florida
2186	Statutes, is amended to read:
2187	373.333  Disciplinary guidelines; adoption and enforcement;
2188	license suspension or revocation.--
2189	(8)  The water management district may impose through an
2190	order an administrative fine not to exceed $5,000 per occurrence
2191	against an unlicensed person if when it determines that the
2192	unlicensed person has engaged in the practice of water well
2193	contracting, for which a license is required.
2194	Section 31.  Section 125.568, Florida Statutes, is amended
2195	to read:
2196	125.568  Conservation of water; Florida-friendly
2197	landscaping Xeriscape.--
2198	(1)(a)  The Legislature finds that Florida-friendly
2199	landscaping Xeriscape contributes to the conservation,
2200	protection, and restoration of water. In an effort to meet the
2201	water needs of this state in a manner that will supply adequate
2202	and dependable supplies of water where needed, it is the intent
2203	of the Legislature that Florida-friendly landscaping Xeriscape
2204	be an essential part of water conservation and water quality
2205	protection and restoration planning.
2206	(b)  As used in this section, "Xeriscape" or "Florida-
2207	friendly landscaping" has the same meaning as provided in s.
2208	373.185 landscape" means quality landscapes that conserve water
2209	and protect the environment and are adaptable to local
2210	conditions and which are drought tolerant. The principles of
2211	Xeriscape include planning and design, appropriate choice of
2212	plants, soil analysis which may include the use of solid waste
2213	compost, practical use of turf, efficient irrigation,
2214	appropriate use of mulches, and proper maintenance.
2215	(2)  The board of county commissioners of each county shall
2216	consider enacting ordinances, consistent with the provisions of
2217	s. 373.185, requiring the use of Florida-friendly landscaping
2218	Xeriscape as a water conservation or water quality protection or
2219	restoration measure. If the board determines that Florida-
2220	friendly landscaping Xeriscape would be of significant benefit
2221	as a water conservation or water quality protection or
2222	restoration measure, especially for waters designated as
2223	impaired pursuant to s. 403.067, relative to the cost to
2224	implement Florida-friendly Xeriscape landscaping in its area of
2225	jurisdiction, the board shall enact a Florida-friendly
2226	landscaping Xeriscape ordinance. Further, the board of county
2227	commissioners shall consider promoting Florida-friendly
2228	landscaping Xeriscape as a water conservation or water quality
2229	protection or restoration measure by: using Florida-friendly
2230	landscaping Xeriscape in any, around, or near facilities, parks,
2231	and other common areas under its jurisdiction that which are
2232	landscaped after the effective date of this act; providing
2233	public education on Florida-friendly landscaping Xeriscape, its
2234	uses in increasing as a water conservation and water quality
2235	protection or restoration tool, and its long-term cost-
2236	effectiveness; and offering incentives to local residents and
2237	businesses to implement Florida-friendly Xeriscape landscaping.
2238	(3)(a)  The Legislature finds that the use of Florida-
2239	friendly landscaping and other water use and pollution
2240	prevention measures that conserve or protect the state's water
2241	resources serves a compelling public interest and that the
2242	participation of homeowners' associations and local governments
2243	is essential to state water conservation and water quality
2244	protection and restoration efforts.
2245	(b)  A deed restriction or covenant entered after October
2246	1, 2001, or local government ordinance may not prohibit or be
2247	enforced to prohibit any property owner from implementing
2248	Xeriscape or Florida-friendly landscaping landscape on his or
2249	her land or create any requirement or limitation in conflict
2250	with any provision of part II of chapter 373 or a water shortage
2251	order, other order, consumptive use permit, or rule adopted or
2252	issued pursuant to part II of chapter 373.
2253	(c) A local government ordinance may not prohibit or be
2254	enforced so as to prohibit any property owner from implementing
2255	Florida-friendly landscaping on his or her land.
2256	Section 32.  Section 166.048, Florida Statutes, is amended
2257	to read:
2258	166.048  Conservation of water; Florida-friendly
2259	landscaping Xeriscape.--
2260	(1)(a)  The Legislature finds that Florida-friendly
2261	landscaping Xeriscape contributes to the conservation,
2262	protection, and restoration of water. In an effort to meet the
2263	water needs of this state in a manner that will supply adequate
2264	and dependable supplies of water where needed, it is the intent
2265	of the Legislature that Florida-friendly landscaping Xeriscape
2266	be an essential part of water conservation and water quality
2267	protection and restoration planning.
2268	(b)  As used in this section, "Xeriscape" or "Florida-
2269	friendly landscaping" has the same meaning as provided in s.
2270	373.185 landscape" means quality landscapes that conserve water
2271	and protect the environment and are adaptable to local
2272	conditions and which are drought tolerant. The principles of
2273	Xeriscape include planning and design, appropriate choice of
2274	plants, soil analysis which may include the use of solid waste
2275	compost, practical use of turf, efficient irrigation,
2276	appropriate use of mulches, and proper maintenance.
2277	(2)  The governing body of each municipality shall consider
2278	enacting ordinances, consistent with the provisions of s.
2279	373.185, requiring the use of Florida-friendly landscaping
2280	Xeriscape as a water conservation or water quality protection or
2281	restoration measure. If the governing body determines that
2282	Florida-friendly landscaping Xeriscape would be of significant
2283	benefit as a water conservation or water quality protection or
2284	restoration measure, especially for waters designated as
2285	impaired pursuant to s. 403.067, relative to the cost to
2286	implement Florida-friendly Xeriscape landscaping in its area of
2287	jurisdiction in the municipality, the governing body board shall
2288	enact a Florida-friendly landscaping Xeriscape ordinance.
2289	Further, the governing body shall consider promoting Florida-
2290	friendly landscaping Xeriscape as a water conservation or water
2291	quality protection or restoration measure by: using Florida-
2292	friendly landscaping Xeriscape in any, around, or near
2293	facilities, parks, and other common areas under its jurisdiction
2294	that which are landscaped after the effective date of this act;
2295	providing public education on Florida-friendly landscaping
2296	Xeriscape, its uses in increasing as a water conservation and
2297	water quality protection or restoration tool, and its long-term
2298	cost-effectiveness; and offering incentives to local residents
2299	and businesses to implement Florida-friendly Xeriscape
2300	landscaping.
2301	(3)(a)  The Legislature finds that the use of Florida-
2302	friendly landscaping and other water use and pollution
2303	prevention measures that conserve or protect the state's water
2304	resources serves a compelling public interest and that the
2305	participation of homeowners' associations and local governments
2306	is essential to state water conservation and water quality
2307	protection and restoration efforts.
2308	(b)  A deed restriction or covenant entered after October
2309	1, 2001, or local government ordinance may not prohibit or be
2310	enforced to prohibit any property owner from implementing
2311	Xeriscape or Florida-friendly landscaping landscape on his or
2312	her land or create any requirement or limitation in conflict
2313	with any provision of part II of chapter 373 or a water shortage
2314	order, other order, consumptive use permit, or rule adopted or
2315	issued pursuant to part II of chapter 373.
2316	(c)  A local government ordinance may not prohibit or be
2317	enforced so as to prohibit any property owner from implementing
2318	Florida-friendly landscaping on his or her land.
2319	Section 33.  Section 255.259, Florida Statutes, is amended
2320	to read:
2321	255.259  Florida-friendly Xeriscape landscaping on public
2322	property.--
2323	(1)  The Legislature finds that water conservation and
2324	water quality protection and restoration are is increasingly
2325	critical to the continuance of an adequate water supply and
2326	healthy surface and ground waters for the citizens of this
2327	state. The Legislature further finds that "Florida-friendly
2328	landscaping Xeriscape," as defined in s. 373.185, can contribute
2329	significantly to water the conservation and of water quality
2330	protection and restoration. Finally, the Legislature finds that
2331	state government has the responsibility to promote Florida-
2332	friendly landscaping Xeriscape as a water conservation and water
2333	quality protection and restoration measure by using Florida-
2334	friendly landscaping Xeriscape on public property associated
2335	with publicly owned buildings or facilities.
2336	(2)  As used in this section, "publicly owned buildings or
2337	facilities" means those construction projects under the purview
2338	of the Department of Management Services. It does not include
2339	environmentally endangered land or roads and highway
2340	construction under the purview of the Department of
2341	Transportation.
2342	(3)  The Department of Management Services, in consultation
2343	with the Department of Environmental Protection, shall adopt
2344	rules and guidelines for the required use of Florida-friendly
2345	landscaping Xeriscape on public property associated with
2346	publicly owned buildings or facilities constructed after June
2347	30, 2009 1992. The Department of Management Services also shall
2348	develop a 5-year program for phasing in the use of Florida-
2349	friendly landscaping Xeriscape on public property associated
2350	with publicly owned buildings or facilities constructed before
2351	July 1, 2009 1992. In accomplishing these tasks, the Department
2352	of Management Services shall take into account the provisions of
2353	guidelines set out in s. 373.185(2)(a)-(f). The Department of
2354	Transportation shall implement Florida-friendly Xeriscape
2355	landscaping pursuant to s. 335.167.
2356	(4)(a)  The Legislature finds that the use of Florida-
2357	friendly landscaping and other water use and pollution
2358	prevention measures that conserve or protect the state's water
2359	resources serves a compelling public interest and that the
2360	participation of homeowners' associations and local governments
2361	is essential to state water conservation and water quality
2362	protection and restoration efforts.
2363	(b)  A deed restriction or covenant entered after October
2364	1, 2001, or local government ordinance may not prohibit or be
2365	enforced to prohibit any property owner from implementing
2366	Xeriscape or Florida-friendly landscaping landscape on his or
2367	her land or create any requirement or limitation in conflict
2368	with any provision of part II of chapter 373 or a water shortage
2369	order, other order, consumptive use permit, or rule adopted or
2370	issued pursuant to part II of chapter 373.
2371	(c)  A local government ordinance may not prohibit or be
2372	enforced so as to prohibit any property owner from implementing
2373	Florida-friendly landscaping on his or her land.
2374	Section 34.  Section 335.167, Florida Statutes, is amended
2375	to read:
2376	335.167  State highway construction and maintenance;
2377	Xeriscape or Florida-friendly landscaping.--
2378	(1)  The department shall use and require the use of
2379	Florida-friendly landscaping Xeriscape practices, as defined in
2380	s. 373.185(1), in the construction and maintenance of all new
2381	state highways, wayside parks, access roads, welcome stations,
2382	and other state highway rights-of-way constructed upon or
2383	acquired after June 30, 2009 1992. The department shall develop
2384	a 5-year program for phasing in the use of Florida-friendly
2385	landscaping Xeriscape, including the use of solid waste compost,
2386	in state highway rights-of-way constructed upon or acquired
2387	before July 1, 2009 1992. In accomplishing these tasks, the
2388	department shall employ the guidelines set out in s.
2389	373.185(2)(a)-(f).
2390	(2)(a)  The Legislature finds that the use of Florida-
2391	friendly landscaping and other water use and pollution
2392	prevention measures that conserve or protect the state's water
2393	resources serves a compelling public interest and that the
2394	participation of homeowners' associations and local governments
2395	is essential to state water conservation and water quality
2396	protection and restoration efforts.
2397	(b)  A deed restriction or covenant entered after October
2398	1, 2001, or local government ordinance may not prohibit or be
2399	enforced to prohibit any property owner from implementing
2400	Xeriscape or Florida-friendly landscaping landscape on his or
2401	her land or create any requirement or limitation in conflict
2402	with any provision of part II of chapter 373 or a water shortage
2403	order, other order, consumptive use permit, or rule adopted or
2404	issued pursuant to part II of chapter 373.
2405	(c)  A local government ordinance may not prohibit or be
2406	enforced so as to prohibit any property owner from implementing
2407	Florida-friendly landscaping on his or her land.
2408	Section 35.  Paragraph (a) of subsection (3) of section
2409	380.061, Florida Statutes, is amended to read:
2410	380.061  The Florida Quality Developments program.--
2411	(3)(a)  To be eligible for designation under this program,
2412	the developer shall comply with each of the following
2413	requirements which is applicable to the site of a qualified
2414	development:
2415	1.  Have donated or entered into a binding commitment to
2416	donate the fee or a lesser interest sufficient to protect, in
2417	perpetuity, the natural attributes of the types of land listed
2418	below. In lieu of the above requirement, the developer may enter
2419	into a binding commitment which runs with the land to set aside
2420	such areas on the property, in perpetuity, as open space to be
2421	retained in a natural condition or as otherwise permitted under
2422	this subparagraph. Under the requirements of this subparagraph,
2423	the developer may reserve the right to use such areas for the
2424	purpose of passive recreation that is consistent with the
2425	purposes for which the land was preserved.
2426	a.  Those wetlands and water bodies throughout the state as
2427	would be delineated if the provisions of s. 373.4145(1)(b) were
2428	applied. The developer may use such areas for the purpose of
2429	site access, provided other routes of access are unavailable or
2430	impracticable; may use such areas for the purpose of stormwater
2431	or domestic sewage management and other necessary utilities to
2432	the extent that such uses are permitted pursuant to chapter 403;
2433	or may redesign or alter wetlands and water bodies within the
2434	jurisdiction of the Department of Environmental Protection which
2435	have been artificially created, if the redesign or alteration is
2436	done so as to produce a more naturally functioning system.
2437	b.  Active beach or primary and, where appropriate,
2438	secondary dunes, to maintain the integrity of the dune system
2439	and adequate public accessways to the beach. However, the
2440	developer may retain the right to construct and maintain
2441	elevated walkways over the dunes to provide access to the beach.
2442	c.  Known archaeological sites determined to be of
2443	significance by the Division of Historical Resources of the
2444	Department of State.
2445	d.  Areas known to be important to animal species
2446	designated as endangered or threatened animal species by the
2447	United States Fish and Wildlife Service or by the Fish and
2448	Wildlife Conservation Commission, for reproduction, feeding, or
2449	nesting; for traveling between such areas used for reproduction,
2450	feeding, or nesting; or for escape from predation.
2451	e.  Areas known to contain plant species designated as
2452	endangered plant species by the Department of Agriculture and
2453	Consumer Services.
2454	2.  Produce, or dispose of, no substances designated as
2455	hazardous or toxic substances by the United States Environmental
2456	Protection Agency or by the Department of Environmental
2457	Protection or the Department of Agriculture and Consumer
2458	Services. This subparagraph is not intended to apply to the
2459	production of these substances in nonsignificant amounts as
2460	would occur through household use or incidental use by
2461	businesses.
2462	3.  Participate in a downtown reuse or redevelopment
2463	program to improve and rehabilitate a declining downtown area.
2464	4.  Incorporate no dredge and fill activities in, and no
2465	stormwater discharge into, waters designated as Class II,
2466	aquatic preserves, or Outstanding Florida Waters, except as
2467	activities in those waters are permitted pursuant to s.
2468	403.813(2) and the developer demonstrates that those activities
2469	meet the standards under Class II waters, Outstanding Florida
2470	Waters, or aquatic preserves, as applicable.
2471	5.  Include open space, recreation areas, Florida-friendly
2472	landscaping Xeriscape as defined in s. 373.185, and energy
2473	conservation and minimize impermeable surfaces as appropriate to
2474	the location and type of project.
2475	6.  Provide for construction and maintenance of all onsite
2476	infrastructure necessary to support the project and enter into a
2477	binding commitment with local government to provide an
2478	appropriate fair-share contribution toward the offsite impacts
2479	which the development will impose on publicly funded facilities
2480	and services, except offsite transportation, and condition or
2481	phase the commencement of development to ensure that public
2482	facilities and services, except offsite transportation, will be
2483	available concurrent with the impacts of the development. For
2484	the purposes of offsite transportation impacts, the developer
2485	shall comply, at a minimum, with the standards of the state land
2486	planning agency's development-of-regional-impact transportation
2487	rule, the approved strategic regional policy plan, any
2488	applicable regional planning council transportation rule, and
2489	the approved local government comprehensive plan and land
2490	development regulations adopted pursuant to part II of chapter
2491	163.
2492	7.  Design and construct the development in a manner that
2493	is consistent with the adopted state plan, the applicable
2494	strategic regional policy plan, and the applicable adopted local
2495	government comprehensive plan.
2496	Section 36.  Subsection (3) of section 388.291, Florida
2497	Statutes, is amended to read:
2498	388.291  Source reduction measures; supervision by
2499	department.--
2500	(3)  Property owners in a developed residential area are
2501	required to maintain their property in such a manner so as not
2502	to create or maintain any standing freshwater condition capable
2503	of breeding mosquitoes or other arthropods in significant
2504	numbers so as to constitute a public health, welfare, or
2505	nuisance problem. Nothing in this subsection shall permit the
2506	alteration of permitted stormwater management systems or
2507	prohibit maintained fish ponds, Florida-friendly landscaping
2508	xeriscaping, or other maintained systems of landscaping or
2509	vegetation. If such a condition is found to exist, the local
2510	arthropod control agency shall serve notice on the property
2511	owner to treat, remove, or abate the condition. Such notice
2512	shall serve as prima facie evidence of maintaining a nuisance,
2513	and upon failure of the property owner to treat, remove, or
2514	abate the condition, the local arthropod control agency or any
2515	affected citizen may proceed pursuant to s. 60.05 to enjoin the
2516	nuisance and may recover costs and attorney's fees if they
2517	prevail in the action.
2518	Section 37.  Paragraph (a) of subsection (6) of section
2519	481.303, Florida Statutes, is amended to read:
2520	481.303  Definitions.--As used in this chapter:
2521	(6)  "Landscape architecture" means professional services,
2522	including, but not limited to, the following:
2523	(a)  Consultation, investigation, research, planning,
2524	design, preparation of drawings, specifications, contract
2525	documents and reports, responsible construction supervision, or
2526	landscape management in connection with the planning and
2527	development of land and incidental water areas, including the
2528	use of Florida-friendly landscaping Xeriscape as defined in s.
2529	373.185, where, and to the extent that, the dominant purpose of
2530	such services or creative works is the preservation,
2531	conservation, enhancement, or determination of proper land uses,
2532	natural land features, ground cover and plantings, or
2533	naturalistic and aesthetic values;
2534	Section 38.  Subsection (4) of section 720.3075, Florida
2535	Statutes, is amended to read:
2536	720.3075  Prohibited clauses in association documents.--
2537	(4)(a)  The Legislature finds that the use of Florida-
2538	friendly landscaping and other water use and pollution
2539	prevention measures that conserve or protect the state's water
2540	resources serves a compelling public interest and that the
2541	participation of homeowners' associations and local governments
2542	is essential to state water conservation and water quality
2543	protection and restoration efforts.
2544	(b)  Homeowners' association documents, including
2545	declarations of covenants, articles of incorporation, or bylaws,
2546	entered after October 1, 2001, may not prohibit or be enforced
2547	to prohibit any property owner from implementing Xeriscape or
2548	Florida-friendly landscaping landscape, as defined in s.
2549	373.185(1), on his or her land or create any requirement or
2550	limitation in conflict with any provision of part II of chapter
2551	373 or a water shortage order, other order, consumptive use
2552	permit, or rule adopted or issued pursuant to part II of chapter
2553	373.
2554	Section 39.  Subsection (6) of section 369.317, Florida
2555	Statutes, is amended to read:
2556	(6)  The Orlando-Orange County Expressway Authority is
2557	hereby granted the authority to act as a third-party acquisition
2558	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
2559	or chapter 373 on behalf of the governing board of the St. Johns
2560	River Water Management District, for the acquisition of all
2561	necessary lands, property and all interests in property
2562	identified herein, including fee simple or less-than-fee simple
2563	interests. The lands subject to this authority are identified in
2564	paragraph 10.a., State of Florida, Office of the Governor,
2565	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
2566	of the Wekiva Basin Area Task Force created by Executive Order
2567	2002-259, such lands otherwise known as Neighborhood Lakes, a
2568	1,587+/- acre parcel located in Orange and Lake Counties within
2569	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
2570	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
2571	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
2572	County within Section 37, Township 19 South, Range 28 East; New
2573	Garden Coal; a 1,605+/- acre parcel in Lake County within
2574	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
2575	East; Pine Plantation, a 617+/- acre tract consisting of eight
2576	individual parcels within the Apopka City limits. The Department
2577	of Transportation, the Department of Environmental Protection,
2578	the St. Johns River Water Management District, and other land
2579	acquisition entities shall participate and cooperate in
2580	providing information and support to the third-party acquisition
2581	agent. The land acquisition process authorized by this paragraph
2582	shall begin no later than December 31, 2004. Acquisition of the
2583	properties identified as Neighborhood Lakes, Pine Plantation,
2584	and New Garden Coal, or approval as a mitigation bank shall be
2585	concluded no later than December 31, 2010. Department of
2586	Transportation and Orlando-Orange County Expressway Authority
2587	funds expended to purchase an interest in those lands identified
2588	in this subsection shall be eligible as environmental mitigation
2589	for road construction related impacts in the Wekiva Study Area.
2590	If any of the lands identified in this subsection are used as
2591	environmental mitigation for road construction related impacts
2592	incurred by the Department of Transportation or Orlando-Orange
2593	County Expressway Authority, or for other impacts incurred by
2594	other entities, within the Wekiva Study Area or within the
2595	Wekiva parkway alignment corridor, and if the mitigation offsets
2596	these impacts, the St. Johns River Water Management District and
2597	the Department of Environmental Protection shall consider the
2598	activity regulated under part IV of chapter 373 to meet the
2599	cumulative impact requirements of s. 373.414(8)(a).
2600	(a)  Acquisition of the land described in this section is
2601	required to provide right of way for the Wekiva Parkway, a
2602	limited access roadway linking State Road 429 to Interstate 4,
2603	an essential component in meeting regional transportation needs
2604	to provide regional connectivity, improve safety, accommodate
2605	projected population and economic growth, and satisfy critical
2606	transportation requirements caused by increased traffic volume
2607	growth and travel demands.
2608	(b)  Acquisition of the lands described in this section is
2609	also required to protect the surface water and groundwater
2610	resources of Lake, Orange, and Seminole counties, otherwise
2611	known as the Wekiva Study Area, including recharge within the
2612	springshed that provides for the Wekiva River system. Protection
2613	of this area is crucial to the long term viability of the Wekiva
2614	River and springs and the central Florida region's water supply.
2615	Acquisition of the lands described in this section is also
2616	necessary to alleviate pressure from growth and development
2617	affecting the surface and groundwater resources within the
2618	recharge area.
2619	(c)  Lands acquired pursuant to this section that are
2620	needed for transportation facilities for the Wekiva Parkway
2621	shall be determined not necessary for conservation purposes
2622	pursuant to ss. 253.034(6) and 373.089(5) and shall be
2623	transferred to or retained by the Orlando-Orange County
2624	Expressway Authority or the Department of Transportation upon
2625	reimbursement of the full purchase price and acquisition costs.
2626	Section 40. (1)  Effective July 1, 2009, a task force is
2627	established to develop legislative recommendations relating to
2628	stormwater management system design in the state. The task force
2629	shall:
2630	(a)  Review the Joint Professional Engineers and Landscape
2631	Architecture Committee Report conducted pursuant to s. 17,
2632	chapter 88-347, Laws of Florida, and determine the current
2633	validity of the report and the need to revise any of the
2634	conclusions or recommendations.
2635	(b)  Determine how a licensed and registered professional
2636	might demonstrate competency for stormwater management system
2637	design.
2638	(c)  Determine how the Board of Professional Engineers and
2639	the Board of Landscape Architecture might administer
2640	certification tests or continuing education requirements for
2641	stormwater management system design.
2642	(d)  Provide recommendations for grandfathering the rights
2643	of licensed professionals who currently practice stormwater
2644	management design in a manner that will allow them to continue
2645	to practice without meeting any new requirements the task force
2646	recommends be placed on licensed professionals in the future.
2647	(2)(a)  The Board of Landscape Architecture, the Board of
2648	Professional Engineers, the Florida Engineering Society, the
2649	Florida Chapter of the American Society of Landscape Architects,
2650	the Secretary of Environmental Protection, and the Secretary of
2651	Transportation shall each appoint one member to the task force.
2652	(b)  Members of the task force may not be reimbursed for
2653	travel, per diem, or any other costs associated with serving on
2654	the task force.
2655	(c)  The task force shall meet a minimum of four times
2656	either in person or via teleconference; however, a minimum of
2657	two meetings shall be public hearings with testimony.
2658	(d)  The task force shall expire on November 1, 2009.
2659	(3)  The task force shall provide its findings and
2660	legislative recommendations to the President of the Senate and
2661	the Speaker of the House of Representatives by November 1, 2009.
2662	Section 41.  Subsections (1) and (3) of section 378.901,
2663	Florida Statutes, are amended to read:
2664	378.901  Life-of-the-mine permit.--
2665	(1)  As used in this section, the term:
2666	(a)  "Bureau" means the Bureau of Mining and Minerals
2667	Regulation Mine Reclamation of the Division of Water Resource
2668	Management of the Department of Environmental Protection.
2669	(b)  "Life-of-the-mine permit" means a permit authorizing
2670	activities regulated under part IV of chapter 373 and part IV of
2671	this chapter.
2672	(3)  The bureau may also issue life-of-the-mine permits to
2673	operators of limerock mines and sand mines as part of the
2674	consideration for conveyance to the Board of Trustees of the
2675	Internal Improvement Trust Fund of environmentally sensitive
2676	lands in an amount equal to or greater than the acreage included
2677	in the life-of-the-mine permit and provided such environmentally
2678	sensitive lands are contiguous to or within reasonable proximity
2679	to the lands included in the life-of-the-mine permit.
2680	Section 42.  Subsection (6) of section 399.02, Florida
2681	Statutes, is amended to read:
2682	399.02  General requirements.--
2683	(6)  The department is empowered to carry out all of the
2684	provisions of this chapter relating to the inspection and
2685	regulation of elevators and to enforce the provisions of the
2686	Florida Building Code, except that updates to the code requiring
2687	modifications for heat sensors and electronic controls on
2688	existing elevators, as amended into the Safety Code for Existing
2689	Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
2690	enforced on elevators issued a certificate of operation by the
2691	department as of July 1, 2008, until such time as the elevator
2692	is replaced. This exception does not apply to any building for
2693	which a building permit was issued after July 1, 2008.
2694	Section 43.  Present subsection (7) of section 399.15,
2695	Florida Statutes, is redesignated as subsection (8), and a new
2696	subsection (7) is added to that section, to read:
2697	399.15  Regional emergency elevator access.--
2698	(7)  As an alternative to complying with the requirements
2699	of subsection (1), each building in this state which is required
2700	to meet the provisions of subsections (1) and (2) may instead
2701	provide for the installation of a uniform lock box that contains
2702	the keys to all elevators in the building which allow public
2703	access, including service and freight elevators. The uniform
2704	lock box must be keyed so as to allow all uniform lock boxes in
2705	each of the seven state emergency response regions to operate in
2706	fire emergency situations using one master key. The uniform lock
2707	box master key may be issued only to the fire department. The
2708	Division of State Fire Marshal of the Department of Financial
2709	Services shall enforce this subsection. The Department of
2710	Financial Services shall select the provider of the uniform lock
2711	box to be installed in each building in which the requirements
2712	of this subsection are implemented.
2713	Section 44.  Effective July 1, 2010, subsection (4) of
2714	section 468.8311, Florida Statutes, is amended to read:
2715	468.8311  Definitions.--As used in this part, the term:
2716	(4)  "Home inspection services" means a limited visual
2717	examination of one or more of the following readily accessible
2718	installed systems and components of a home: the structure,
2719	electrical system, HVAC system, roof covering, plumbing system,
2720	interior components, windows, doors, walls, floors, ceilings,
2721	exterior components, and site conditions that affect the
2722	structure, for the purposes of providing a written professional
2723	opinion of the condition of the home.
2724	Section 45.  Effective July 1, 2010, section 468.8312,
2725	Florida Statutes, is amended to read:
2726	468.8312  Fees.--
2727	(1)  The department, by rule, may establish fees to be paid
2728	for applications, examination, reexamination, licensing and
2729	renewal, inactive status application and reactivation of
2730	inactive licenses, recordkeeping, and applications for providers
2731	of continuing education. The department may also establish by
2732	rule a delinquency fee. Fees shall be based on department
2733	estimates of the revenue required to implement the provisions of
2734	this part. All fees shall be remitted with the appropriate
2735	application, examination, or license.
2736	(2)  The initial application and examination fee shall not
2737	exceed $250 $125 plus the actual per applicant cost to the
2738	department to purchase an examination, if the department chooses
2739	to purchase the examination. The examination fee shall be in an
2740	amount that covers the cost of obtaining and administering the
2741	examination and shall be refunded if the applicant is found
2742	ineligible to sit for the examination. The application fee shall
2743	be nonrefundable.
2744	(3)  The initial license fee shall not exceed $400 $200.
2745	(4)  The fee for a certificate of authorization shall not
2746	exceed $250 $125.
2747	(5)  The biennial renewal fee shall not exceed $400 $200.
2748	(6)  The fee for licensure by endorsement shall not exceed
2749	$400 $200.
2750	(7)  The fee for application for inactive status or for
2751	reactivation of an inactive license shall not exceed $400 $200.
2752	(8)  The fee for applications from providers of continuing
2753	education may not exceed $500.
2754	Section 46.  Effective July 1, 2010, section 468.8319,
2755	Florida Statutes, is amended to read:
2756	468.8319  Prohibitions; penalties.--
2757	(1)  A person A home inspector, a company that employs a
2758	home inspector, or a company that is controlled by a company
2759	that also has a financial interest in a company employing a home
2760	inspector may not:
2761	(a)  Practice or offer to practice home inspection services
2762	unless the person has complied with the provisions of this part;
2763	(b)  Use the name or title "certified home inspector,"
2764	"registered home inspector," "licensed home inspector," "home
2765	inspector," "professional home inspector," or any combination
2766	thereof unless the person has complied with the provisions of
2767	this part;
2768	(c)  Present as his or her own the license of another;
2769	(d)  Knowingly give false or forged evidence to the
2770	department or an employee thereof;
2771	(e)  Use or attempt to use a license that has been
2772	suspended or revoked;
2773	(f)  Perform or offer to perform, prior to closing, for any
2774	additional fee, any repairs to a home on which the inspector or
2775	the inspector's company has prepared a home inspection report.
2776	This paragraph does not apply to a home warranty company that is
2777	affiliated with or retains a home inspector to perform repairs
2778	pursuant to a claim made under a home warranty contract;
2779	(g)  Inspect for a fee any property in which the inspector
2780	or the inspector's company has any financial or transfer
2781	interest;
2782	(h)  Offer or deliver any compensation, inducement, or
2783	reward to any broker or agent therefor for the referral of the
2784	owner of the inspected property to the inspector or the
2785	inspection company; or
2786	(i)  Accept an engagement to make an omission or prepare a
2787	report in which the inspection itself, or the fee payable for
2788	the inspection, is contingent upon either the conclusions in the
2789	report, preestablished findings, or the close of escrow.
2790	(2)  Any person who is found to be in violation of any
2791	provision of this section commits a misdemeanor of the first
2792	degree, punishable as provided in s. 775.082 or s. 775.083.
2793	Section 47.  Effective July 1, 2010, section 468.832,
2794	Florida Statutes, is amended to read:
2795	468.832  Disciplinary proceedings.--
2796	(1)  The following acts constitute grounds for which the
2797	disciplinary actions in subsection (2) may be taken:
2798	(a)  Violation of any provision of this part or s.
2799	455.227(1);
2800	(b)  Attempting to procure a license to practice home
2801	inspection services by bribery or fraudulent misrepresentation;
2802	(c)  Having a license to practice home inspection services
2803	revoked, suspended, or otherwise acted against, including the
2804	denial of licensure, by the licensing authority of another
2805	state, territory, or country;
2806	(d)  Being convicted or found guilty of, or entering a plea
2807	of nolo contendere to, regardless of adjudication, a crime in
2808	any jurisdiction that directly relates to the practice of home
2809	inspection services or the ability to practice home inspection
2810	services;
2811	(e)  Making or filing a report or record that the licensee
2812	knows to be false, willfully failing to file a report or record
2813	required by state or federal law, willfully impeding or
2814	obstructing such filing, or inducing another person to impede or
2815	obstruct such filing. Such reports or records shall include only
2816	those that are signed in the capacity of a licensed home
2817	inspector;
2818	(f)  Advertising goods or services in a manner that is
2819	fraudulent, false, deceptive, or misleading in form or content;
2820	(g)  Engaging in fraud or deceit, or negligence,
2821	incompetency, or misconduct, in the practice of home inspection
2822	services;
2823	(h)  Failing to perform any statutory or legal obligation
2824	placed upon a licensed home inspector; violating any provision
2825	of this chapter, a rule of the department, or a lawful order of
2826	the department previously entered in a disciplinary hearing; or
2827	failing to comply with a lawfully issued subpoena of the
2828	department; or
2829	(i)  Practicing on a revoked, suspended, inactive, or
2830	delinquent license.
2831	(2)  When the department finds any licensee home inspector
2832	guilty of any of the grounds set forth in subsection (1), it may
2833	enter an order imposing one or more of the following penalties:
2834	(a)  Denial of an application for licensure.
2835	(b)  Revocation or suspension of a license.
2836	(c)  Imposition of an administrative fine not to exceed
2837	$5,000 for each count or separate offense.
2838	(d)  Issuance of a reprimand.
2839	(e)  Placement of the home inspector on probation for a
2840	period of time and subject to such conditions as the department
2841	may specify.
2842	(f)  Restriction of the authorized scope of practice by the
2843	home inspector.
2844	(3)  In addition to any other sanction imposed under this
2845	part, in any final order that imposes sanctions, the department
2846	may assess costs related to the investigation and prosecution of
2847	the case.
2848	Section 48.  Effective July 1, 2009, and notwithstanding
2849	section 4 of chapter 2007-236, section 468.8324, Florida
2850	Statutes, is amended to read:
2851	468.8324  Grandfather clause.--A person who performs home
2852	inspection services as defined in this part before July 1, 2010,
2853	may qualify to be licensed by the department as a home inspector
2854	if the person meets the licensure requirements of this part, and
2855	if the person: by July 1, 2010.
2856	(1)  Has received compensation as a home inspector for not
2857	less than 1 year prior to July 1, 2010; or
2858	(2)  Has performed no fewer than 50 home inspections and
2859	received compensation for such inspections prior to July 1,
2860	2010.
2861	Section 49.  Effective July 1, 2010, subsection (1) of
2862	section 215.5586, Florida Statutes, is amended to read:
2863	215.5586  My Safe Florida Home Program.--There is
2864	established within the Department of Financial Services the My
2865	Safe Florida Home Program. The department shall provide fiscal
2866	accountability, contract management, and strategic leadership
2867	for the program, consistent with this section. This section does
2868	not create an entitlement for property owners or obligate the
2869	state in any way to fund the inspection or retrofitting of
2870	residential property in this state. Implementation of this
2871	program is subject to annual legislative appropriations. It is
2872	the intent of the Legislature that the My Safe Florida Home
2873	Program provide inspections for at least 400,000 site-built,
2874	single-family, residential properties and provide grants to at
2875	least 35,000 applicants before June 30, 2009. The program shall
2876	develop and implement a comprehensive and coordinated approach
2877	for hurricane damage mitigation that shall include the
2878	following:
2879	(1)  HURRICANE MITIGATION INSPECTIONS.--
2880	(a)  Free home-retrofit inspections of site-built, single-
2881	family, residential property shall be offered throughout the
2882	state to determine what mitigation measures are needed, what
2883	insurance premium discounts may be available, and what
2884	improvements to existing residential properties are needed to
2885	reduce the property's vulnerability to hurricane damage. The
2886	Department of Financial Services shall contract with wind
2887	certification entities to provide free hurricane mitigation
2888	inspections. The inspections provided to homeowners, at a
2889	minimum, must include:
2890	1.  A home inspection and report that summarizes the
2891	results and identifies recommended improvements a homeowner may
2892	take to mitigate hurricane damage.
2893	2.  A range of cost estimates regarding the recommended
2894	mitigation improvements.
2895	3.  Insurer-specific information regarding premium
2896	discounts correlated to the current mitigation features and the
2897	recommended mitigation improvements identified by the
2898	inspection.
2899	4.  A hurricane resistance rating scale specifying the
2900	home's current as well as projected wind resistance
2901	capabilities. As soon as practical, the rating scale must be the
2902	uniform home grading scale adopted by the Financial Services
2903	Commission pursuant to s. 215.55865.
2904	(b)  To qualify for selection by the department as a wind
2905	certification entity to provide hurricane mitigation
2906	inspections, the entity shall, at a minimum, meet the following
2907	requirements:
2908	1.  Use hurricane mitigation inspectors who:
2909	a.  Are certified as a building inspector under s. 468.607;
2910	b.  Are licensed as a general or residential contractor
2911	under s. 489.111;
2912	c.  Are licensed as a professional engineer under s.
2913	471.015 and who have passed the appropriate equivalency test of
2914	the Building Code Training Program as required by s. 553.841;
2915	d.  Are licensed as a professional architect under s.
2916	481.213; or
2917	e.  Are licensed home inspectors under s. 468.83; or
2918	f.e.  Have at least 2 years of experience in residential
2919	construction or residential building inspection and have
2920	received specialized training in hurricane mitigation
2921	procedures. Such training may be provided by a class offered
2922	online or in person.
2923	2.  Use hurricane mitigation inspectors who also:
2924	a.  Have undergone drug testing and level 2 background
2925	checks pursuant to s. 435.04. The department may conduct
2926	criminal record checks of inspectors used by wind certification
2927	entities. Inspectors must submit a set of the fingerprints to
2928	the department for state and national criminal history checks
2929	and must pay the fingerprint processing fee set forth in s.
2930	624.501. The fingerprints shall be sent by the department to the
2931	Department of Law Enforcement and forwarded to the Federal
2932	Bureau of Investigation for processing. The results shall be
2933	returned to the department for screening. The fingerprints shall
2934	be taken by a law enforcement agency, designated examination
2935	center, or other department-approved entity; and
2936	b.  Have been certified, in a manner satisfactory to the
2937	department, to conduct the inspections.
2938	3.  Provide a quality assurance program including a
2939	reinspection component.
2940	(c)  The department shall implement a quality assurance
2941	program that includes a statistically valid number of
2942	reinspections.
2943	(d)  An application for an inspection must contain a signed
2944	or electronically verified statement made under penalty of
2945	perjury that the applicant has submitted only a single
2946	application for that home.
2947	(e)  The owner of a site-built, single-family, residential
2948	property may apply for and receive an inspection without also
2949	applying for a grant pursuant to subsection (2) and without
2950	meeting the requirements of paragraph (2)(a).
2951	Section 50.  Paragraph (a) of subsection (6) of section
2952	627.351, Florida Statutes, is amended to read:
2953	627.351  Insurance risk apportionment plans.--
2954	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
2955	(a)1.  It is the public purpose of this subsection to
2956	ensure the existence of an orderly market for property insurance
2957	for Floridians and Florida businesses. The Legislature finds
2958	that private insurers are unwilling or unable to provide
2959	affordable property insurance coverage in this state to the
2960	extent sought and needed. The absence of affordable property
2961	insurance threatens the public health, safety, and welfare and
2962	likewise threatens the economic health of the state. The state
2963	therefore has a compelling public interest and a public purpose
2964	to assist in assuring that property in the state is insured and
2965	that it is insured at affordable rates so as to facilitate the
2966	remediation, reconstruction, and replacement of damaged or
2967	destroyed property in order to reduce or avoid the negative
2968	effects otherwise resulting to the public health, safety, and
2969	welfare, to the economy of the state, and to the revenues of the
2970	state and local governments which are needed to provide for the
2971	public welfare. It is necessary, therefore, to provide
2972	affordable property insurance to applicants who are in good
2973	faith entitled to procure insurance through the voluntary market
2974	but are unable to do so. The Legislature intends by this
2975	subsection that affordable property insurance be provided and
2976	that it continue to be provided, as long as necessary, through
2977	Citizens Property Insurance Corporation, a government entity
2978	that is an integral part of the state, and that is not a private
2979	insurance company. To that end, Citizens Property Insurance
2980	Corporation shall strive to increase the availability of
2981	affordable property insurance in this state, while achieving
2982	efficiencies and economies, and while providing service to
2983	policyholders, applicants, and agents which is no less than the
2984	quality generally provided in the voluntary market, for the
2985	achievement of the foregoing public purposes. Because it is
2986	essential for this government entity to have the maximum
2987	financial resources to pay claims following a catastrophic
2988	hurricane, it is the intent of the Legislature that Citizens
2989	Property Insurance Corporation continue to be an integral part
2990	of the state and that the income of the corporation be exempt
2991	from federal income taxation and that interest on the debt
2992	obligations issued by the corporation be exempt from federal
2993	income taxation.
2994	2.  The Residential Property and Casualty Joint
2995	Underwriting Association originally created by this statute
2996	shall be known, as of July 1, 2002, as the Citizens Property
2997	Insurance Corporation. The corporation shall provide insurance
2998	for residential and commercial property, for applicants who are
2999	in good faith entitled, but are unable, to procure insurance
3000	through the voluntary market. The corporation shall operate
3001	pursuant to a plan of operation approved by order of the
3002	Financial Services Commission. The plan is subject to continuous
3003	review by the commission. The commission may, by order, withdraw
3004	approval of all or part of a plan if the commission determines
3005	that conditions have changed since approval was granted and that
3006	the purposes of the plan require changes in the plan. The
3007	corporation shall continue to operate pursuant to the plan of
3008	operation approved by the Office of Insurance Regulation until
3009	October 1, 2006. For the purposes of this subsection,
3010	residential coverage includes both personal lines residential
3011	coverage, which consists of the type of coverage provided by
3012	homeowner's, mobile home owner's, dwelling, tenant's,
3013	condominium unit owner's, and similar policies, and commercial
3014	lines residential coverage, which consists of the type of
3015	coverage provided by condominium association, apartment
3016	building, and similar policies.
3017	3.  Effective January 1, 2009, a personal lines residential
3018	structure that has a dwelling replacement cost of $2 million or
3019	more, or a single condominium unit that has a combined dwelling
3020	and content replacement cost of $2 million or more is not
3021	eligible for coverage by the corporation. Such dwellings insured
3022	by the corporation on December 31, 2008, may continue to be
3023	covered by the corporation until the end of the policy term.
3024	However, such dwellings that are insured by the corporation and
3025	become ineligible for coverage due to the provisions of this
3026	subparagraph may reapply and obtain coverage if the property
3027	owner provides the corporation with a sworn affidavit from one
3028	or more insurance agents, on a form provided by the corporation,
3029	stating that the agents have made their best efforts to obtain
3030	coverage and that the property has been rejected for coverage by
3031	at least one authorized insurer and at least three surplus lines
3032	insurers. If such conditions are met, the dwelling may be
3033	insured by the corporation for up to 3 years, after which time
3034	the dwelling is ineligible for coverage. The office shall
3035	approve the method used by the corporation for valuing the
3036	dwelling replacement cost for the purposes of this subparagraph.
3037	If a policyholder is insured by the corporation prior to being
3038	determined to be ineligible pursuant to this subparagraph and
3039	such policyholder files a lawsuit challenging the determination,
3040	the policyholder may remain insured by the corporation until the
3041	conclusion of the litigation.
3042	4.  It is the intent of the Legislature that policyholders,
3043	applicants, and agents of the corporation receive service and
3044	treatment of the highest possible level but never less than that
3045	generally provided in the voluntary market. It also is intended
3046	that the corporation be held to service standards no less than
3047	those applied to insurers in the voluntary market by the office
3048	with respect to responsiveness, timeliness, customer courtesy,
3049	and overall dealings with policyholders, applicants, or agents
3050	of the corporation.
3051	5.  Effective January 1, 2009, a personal lines residential
3052	structure that is located in the "wind-borne debris region," as
3053	defined in s. 1609.2, International Building Code (2006), and
3054	that has an insured value on the structure of $750,000 or more
3055	is not eligible for coverage by the corporation unless the
3056	structure has opening protections as required under the Florida
3057	Building Code for a newly constructed residential structure in
3058	that area. A residential structure shall be deemed to comply
3059	with the requirements of this subparagraph if it has shutters or
3060	opening protections on all openings and if such opening
3061	protections complied with the Florida Building Code at the time
3062	they were installed. Effective January 1, 2010, for personal
3063	lines residential property insured by the corporation that is
3064	located in the wind-borne debris region and has an insured value
3065	on the structure of $500,000 or more, a prospective purchaser of
3066	any such residential property must be provided by the seller a
3067	written disclosure that contains the structure's windstorm
3068	mitigation rating based on the uniform home grading scale
3069	adopted under s. 215.55865. Such rating shall be provided to the
3070	purchaser at or before the time the purchaser executes a
3071	contract for sale and purchase.
3072	Section 51.  Subsection (2) of section 627.711, Florida
3073	Statutes, is amended to read
3074	627.711  Notice of premium discounts for hurricane loss
3075	mitigation; uniform mitigation verification inspection form.--
3076	(2)  By July 1, 2007, the Financial Services Commission
3077	shall develop by rule a uniform mitigation verification
3078	inspection form that shall be used by all insurers when
3079	submitted by policyholders for the purpose of factoring
3080	discounts for wind insurance. In developing the form, the
3081	commission shall seek input from insurance, construction, and
3082	building code representatives. Further, the commission shall
3083	provide guidance as to the length of time the inspection results
3084	are valid. An insurer shall accept as valid a uniform mitigation
3085	verification form certified by the Department of Financial
3086	Services or signed by:
3087	(a)  A hurricane mitigation inspector employed by an
3088	approved My Safe Florida Home wind certification entity;
3089	(b)  A building code inspector certified under s. 468.607;
3090	(c)  A general or residential contractor licensed under s.
3091	489.111;
3092	(d)  A professional engineer licensed under s. 471.015 who
3093	has passed the appropriate equivalency test of the Building Code
3094	Training Program as required by s. 553.841; or
3095	(e)  A professional architect licensed under s. 481.213.
3096	Section 52.  Effective July 1, 2010, subsection (2) of
3097	section 627.711, Florida Statutes, is amended to read:
3098	627.711  Notice of premium discounts for hurricane loss
3099	mitigation; uniform mitigation verification inspection form.--
3100	(2)  By July 1, 2007, The Financial Services Commission
3101	shall develop by rule a uniform mitigation verification
3102	inspection form that shall be used by all insurers when
3103	submitted by policyholders for the purpose of factoring
3104	discounts for wind insurance. In developing the form, the
3105	commission shall seek input from insurance, construction, and
3106	building code representatives. Further, the commission shall
3107	provide guidance as to the length of time the inspection results
3108	are valid. An insurer shall accept as valid a uniform mitigation
3109	verification form certified by the Department of Financial
3110	Services or signed by:
3111	(a)  A hurricane mitigation inspector employed by an
3112	approved My Safe Florida Home wind certification entity;
3113	(b)  A building code inspector certified under s. 468.607;
3114	(c)  A general or residential contractor licensed under s.
3115	489.111;
3116	(d)  A professional engineer licensed under s. 471.015 who
3117	has passed the appropriate equivalency test of the Building Code
3118	Training Program as required by s. 553.841; or
3119	(e)  A professional architect licensed under s. 481.213;
3120	or.
3121	(f)  A home inspector licensed under s. 468.83.
3122	Section 53.  Subsection (6) of section 718.113, Florida
3123	Statutes, is repealed.
3124	Section 54.  Subsections (2), (8), and (9) of section
3125	553.37, Florida Statutes, are amended, and section (12) is added
3126	to that section, to read:
3127	553.37  Rules; inspections; and insignia.--
3128	(2)  The department shall adopt rules to address:
3129	(a)  Procedures and qualifications for approval of third-
3130	party plan review and inspection agencies and of those who
3131	perform inspections and plan reviews.
3132	(b)  Investigation of consumer complaints of noncompliance
3133	of manufactured buildings with the Florida Building Code and the
3134	Florida Fire Prevention Code.
3135	(c)  Issuance, cancellation, and revocation of any insignia
3136	issued by the department and procedures for auditing and
3137	accounting for disposition of them.
3138	(d)  Monitoring the manufacturers', inspection agencies',
3139	and plan review agencies' compliance with this part and the
3140	Florida Building Code. Monitoring may include, but is not
3141	limited to, performing audits of plans, inspections of
3142	manufacturing facilities and observation of the manufacturing
3143	and inspection process, and onsite inspections of buildings.
3144	(e)  The performance by the department and its designees
3145	and contractors of any other functions required by this part.
3146	(8)  The department, by rule, shall establish a schedule of
3147	fees to pay the cost of the administration and enforcement of
3148	this part. The rule may provide for manufacturers to pay fees to
3149	the administrator directly, including charges incurred for plans
3150	review and inspection services, via the Building Code
3151	Information System (BCIS) and for the administrator to disburse
3152	the funds as necessary.
3153	(9)  The department may delegate its enforcement authority
3154	to a state department having building construction
3155	responsibilities or a local government, and may enter into
3156	contracts for the performance of its administrative duties under
3157	this part. The department may delegate its plan review and
3158	inspection authority to one or more of the following in any
3159	combination:
3160	(a)  A state department having building construction
3161	responsibilities;
3162	(b)  A local government;
3163	(c)  An approved inspection agency;
3164	(d)  An approved plan review agency; or
3165	(e)  An agency of another state.
3166	(12)  Custom or one-of-a-kind prototype manufactured
3167	buildings are not required to have state approval, but must be
3168	in compliance with all local requirements of the governmental
3169	agency having jurisdiction at the installation site.
3170	Section 55.  Section 553.375, Florida Statutes, is amended
3171	to read:
3172	553.375  Recertification of manufactured buildings.--Prior
3173	to the relocation to a site that has a higher design wind speed,
3174	modification, or change of occupancy of a manufactured building
3175	within the state, the manufacturer, dealer, or owner thereof may
3176	apply to the department for recertification of that manufactured
3177	building. The department shall, by rule, provide what
3178	information the applicant must submit for recertification and
3179	for plan review and inspection of such manufactured buildings
3180	and shall establish fees for recertification. Upon a
3181	determination by the department that the manufactured building
3182	complies with the applicable building codes, the department
3183	shall issue a recertification insignia. A manufactured building
3184	that bears recertification insignia does not require any
3185	additional approval by an enforcement jurisdiction in which the
3186	building is sold or installed, and is considered to comply with
3187	all applicable codes. As an alternative to recertification by
3188	the department, the manufacturer, dealer, or owner of a
3189	manufactured building may seek appropriate permitting and a
3190	certificate of occupancy from the local jurisdiction in
3191	accordance with procedures generally applicable under the
3192	Florida Building Code.
3193	Section 56.  Subsections (7) and (9) of section 553.73,
3194	Florida Statutes, are amended, and subsection (14) is added to
3195	that section, to read:
3196	553.73  Florida Building Code.--
3197	(7)  Notwithstanding the provisions of subsection (3) or
3198	subsection (6), the commission may address issues identified in
3199	this subsection by amending the code pursuant only to the rule
3200	adoption procedures contained in chapter 120. Provisions of the
3201	Florida Building Code, including those contained in referenced
3202	standards and criteria, relating to wind resistance or the
3203	prevention of water intrusion may not be amended pursuant to
3204	this subsection to diminish those construction requirements;
3205	however, the commission may, subject to conditions in this
3206	subsection, amend the provisions to enhance those construction
3207	requirements. Following the approval of any amendments to the
3208	Florida Building Code by the commission and publication of the
3209	amendments on the commission's website, authorities having
3210	jurisdiction to enforce the Florida Building Code may enforce
3211	the amendments. The commission may approve amendments that are
3212	needed to address:
3213	(a)  Conflicts within the updated code;
3214	(b)  Conflicts between the updated code and the Florida
3215	Fire Prevention Code adopted pursuant to chapter 633;
3216	(c)  The omission of previously adopted Florida-specific
3217	amendments to the updated code if such omission is not supported
3218	by a specific recommendation of a technical advisory committee
3219	or particular action by the commission;
3220	(d)  Unintended results from the integration of previously
3221	adopted Florida-specific amendments with the model code;
3222	(e)  Equivalency of standards;
3223	(f)  The specific needs of state agencies when agency rules
3224	must be updated to reflect federal requirements relating to
3225	design criteria for public educational facilities and state-
3226	licensed facilities;
3227	(g)(e)  Changes to or inconsistencies with federal or state
3228	law; or
3229	(h)(f)  Adoption of an updated edition of the National
3230	Electrical Code if the commission finds that delay of
3231	implementing the updated edition causes undue hardship to
3232	stakeholders or otherwise threatens the public health, safety,
3233	and welfare.
3234	(9)  The following buildings, structures, and facilities
3235	are exempt from the Florida Building Code as provided by law,
3236	and any further exemptions shall be as determined by the
3237	Legislature and provided by law:
3238	(a)  Buildings and structures specifically regulated and
3239	preempted by the Federal Government.
3240	(b)  Railroads and ancillary facilities associated with the
3241	railroad.
3242	(c)  Nonresidential farm buildings on farms.
3243	(d)  Temporary buildings or sheds used exclusively for
3244	construction purposes.
3245	(e)  Mobile or modular structures used as temporary
3246	offices, except that the provisions of part II relating to
3247	accessibility by persons with disabilities shall apply to such
3248	mobile or modular structures.
3249	(f)  Those structures or facilities of electric utilities,
3250	as defined in s. 366.02, which are directly involved in the
3251	generation, transmission, or distribution of electricity.
3252	(g)  Temporary sets, assemblies, or structures used in
3253	commercial motion picture or television production, or any
3254	sound-recording equipment used in such production, on or off the
3255	premises.
3256	(h)  Storage sheds that are not designed for human
3257	habitation and that have a floor area of 720 square feet or less
3258	are not required to comply with the mandatory wind-borne-debris-
3259	impact standards of the Florida Building Code.
3260	(i)  Chickees constructed by the Miccosukee Tribe of
3261	Indians of Florida or the Seminole Tribe of Florida. As used in
3262	this paragraph, the term "chickee" means an open-sided wooden
3263	hut that has a thatched roof of palm or palmetto or other
3264	traditional materials, and that does not incorporate any
3265	electrical, plumbing, or other nonwood features.
3266	(j)  Family mausoleums that are prefabricated and assembled
3267	on site, or preassembled and delivered on site; that have walls,
3268	roofs, and a floor constructed of granite, marble, or reinforced
3269	concrete; and that do not exceed 250 square feet in area.
3270
3271	With the exception of paragraphs (a), (b), (c), and (f), in
3272	order to preserve the health, safety, and welfare of the public,
3273	the Florida Building Commission may, by rule adopted pursuant to
3274	chapter 120, provide for exceptions to the broad categories of
3275	buildings exempted in this section, including exceptions for
3276	application of specific sections of the code or standards
3277	adopted therein. The Department of Agriculture and Consumer
3278	Services shall have exclusive authority to adopt by rule,
3279	pursuant to chapter 120, exceptions to nonresidential farm
3280	buildings exempted in paragraph (c) when reasonably necessary to
3281	preserve public health, safety, and welfare. The exceptions must
3282	be based upon specific criteria, such as under-roof floor area,
3283	aggregate electrical service capacity, HVAC system capacity, or
3284	other building requirements. Further, the commission may
3285	recommend to the Legislature additional categories of buildings,
3286	structures, or facilities which should be exempted from the
3287	Florida Building Code, to be provided by law. The Florida
3288	Building Code does not apply to temporary housing provided by
3289	the Department of Corrections to any prisoner in the state
3290	correctional system.
3291	(14)  The Florida Building Code may not require that an
3292	existing air conditioning system installed on the surface of a
3293	roof as of July 1, 2009, be raised 18 inches up from the surface
3294	on which it is installed until such time as the system is
3295	replaced, and an agency or local government having authority to
3296	enforce the Florida Building Code or a local building code may
3297	not require otherwise.
3298	Section 57.  Subsection (2) of section 553.76, Florida
3299	Statutes, is amended to read:
3300	553.76  General powers of the commission.--The commission
3301	is authorized to:
3302	(2)  Issue memoranda of procedure for its internal
3303	management and control. The commission may adopt rules related
3304	to its consensus-based decisionmaking process, including, but
3305	not limited to, super majority voting requirements for
3306	commission actions relating to the adoption of amendments to or
3307	the adoption of the Florida Building Code.
3308	Section 58.  Subsection (4) of section 553.775, Florida
3309	Statutes, is amended to read:
3310	553.775  Interpretations.--
3311	(4)  In order to administer this section, the commission
3312	may adopt by rule and impose a fee for binding and nonbinding
3313	interpretations to recoup the cost of the proceedings which may
3314	not exceed $250 for each request for a review or interpretation.
3315	For proceedings conducted by or in coordination with a third-
3316	party, the rule may provide that payment be made directly to the
3317	third party, who shall remit to the department that portion of
3318	the fee necessary to cover the costs of the department.
3319	Section 59.  Subsection (9) of section 553.79, Florida
3320	Statutes, is amended to read:
3321	553.79  Permits; applications; issuance; inspections.--
3322	(9)  Any state agency whose enabling legislation authorizes
3323	it to enforce provisions of the Florida Building Code may enter
3324	into an agreement with any other unit of government to delegate
3325	its responsibility to enforce those provisions and may expend
3326	public funds for permit and inspection fees, which fees may be
3327	no greater than the fees charged others. Inspection services
3328	that are not required to be performed by a state agency under a
3329	federal delegation of responsibility or by a state agency under
3330	the Florida Building Code must be performed under the
3331	alternative plans review and inspection process created in s.
3332	553.791 or by a local governmental entity having authority to
3333	enforce the Florida Building Code.
3334	Section 60.  Paragraph (c) of subsection (15) of section
3335	553.791, Florida Statutes, is redesignated as paragraph (e), and
3336	new paragraphs (c)and (d) are added to that subsection, to read:
3337	553.791  Alternative plans review and inspection.--
3338	(15)
3339	(c)  A local enforcement agency, local building official,
3340	or local government may not impose a fee or other charge for
3341	private provider plan reviews or required building inspections.
3342	(d)  A local enforcement agency, local building official,
3343	or local government may not impose a higher permit fee or other
3344	fee or charge for private provider plan reviews or required
3345	building inspections.
3346	Section 61.  Section 553.841, Florida Statutes, is amended
3347	to read:
3348	553.841  Building code compliance and mitigation program.--
3349	(1)  The Legislature finds that knowledge and understanding
3350	by persons licensed in the design and construction industries of
3351	the importance and need for complying with the Florida Building
3352	Code is vital to the public health, safety, and welfare of this
3353	state, especially for mitigating damage caused by hurricanes to
3354	residents and visitors to the state. The Legislature further
3355	finds that the Florida Building Code can be effective only if
3356	all participants in the design and construction industries
3357	maintain a thorough knowledge of the code and additions thereto
3358	which improve construction standards to protect against storm
3359	and other damage. Consequently, the Legislature finds that there
3360	is a need for a program to provide ongoing education and
3361	outreach activities concerning compliance with the Florida
3362	Building Code and hurricane mitigation.
3363	(2)  The Department of Community Affairs shall administer a
3364	program, designated as the Florida Building Code Compliance and
3365	Mitigation Program, to develop, coordinate, and maintain
3366	education and outreach to persons required to comply with the
3367	Florida Building Code and ensure consistent education, training,
3368	and communication of the code's requirements, including, but not
3369	limited to, methods for mitigation of storm-related damage. The
3370	program shall also operate a clearinghouse through which design,
3371	construction, and building code enforcement licensees,
3372	suppliers, and consumers in this state may find others in order
3373	to exchange information relating to mitigation and facilitate
3374	repairs in the aftermath of a natural disaster.
3375	(3)  All services and materials under the Florida Building
3376	Code Compliance and Mitigation Program must be provided by a
3377	private, nonprofit corporation under contract with the
3378	department. The term of the contract shall be for 4 years, with
3379	the option of one 4-year renewal at the end of the contract
3380	term. The initial contract must be in effect no later than
3381	November 1, 2007. The private, nonprofit corporation must be an
3382	organization whose membership includes trade and professional
3383	organizations whose members consist primarily of persons and
3384	entities that are required to comply with the Florida Building
3385	Code and that are licensed under part XII of chapter 468,
3386	chapter 471, chapter 481, or chapter 489. When selecting the
3387	private, nonprofit corporation for the program, the department
3388	must give primary consideration to the corporation's
3389	demonstrated experience and the ability to:
3390	(a)  Develop and deliver building code-related education,
3391	training, and outreach;
3392	(b)  Directly access the majority of persons licensed in
3393	the occupations of design, construction, and building code
3394	enforcement individually and through established statewide trade
3395	and professional association networks;
3396	(c)  Serve as a clearinghouse to deliver education and
3397	outreach throughout the state. The clearinghouse must serve as a
3398	focal point at which persons licensed to design, construct, and
3399	enforce building codes and suppliers and consumers can find each
3400	other in order to exchange information relating to mitigation
3401	and facilitate repairs in the aftermath of a natural disaster;
3402	(d)  Accept input from the Florida Building Commission,
3403	licensing regulatory boards, local building departments, and the
3404	design and construction industries in order to improve its
3405	education and outreach programs; and
3406	(e)  Promote design and construction techniques and
3407	materials for mitigating hurricane damage at a Florida-based
3408	trade conference that includes participants from the broadest
3409	possible range of design and construction trades and
3410	professions, including from those private and public sector
3411	entities having jurisdiction over building codes and design and
3412	construction licensure.
3413	(4)  The department, in administering the Florida Building
3414	Code Compliance and Mitigation Program, shall maintain, update,
3415	develop, or cause to be developed,:
3416	(a)  A core curriculum that is prerequisite to the advanced
3417	module coursework.
3418	(b)  advanced modules designed for use by each profession.
3419	(c)  The core curriculum developed under this subsection
3420	must be submitted to the Department of Business and Professional
3421	Regulation for approval. Advanced modules developed under this
3422	paragraph must be approved by the commission and submitted to
3423	the respective boards for approval.
3424	(5)  The core curriculum shall cover the information
3425	required to have all categories of participants appropriately
3426	informed as to their technical and administrative
3427	responsibilities in the effective execution of the code process
3428	by all individuals currently licensed under part XII of chapter
3429	468, chapter 471, chapter 481, or chapter 489, except as
3430	otherwise provided in s. 471.017. The core curriculum shall be
3431	prerequisite to the advanced module coursework for all licensees
3432	and shall be completed by individuals licensed in all categories
3433	under part XII of chapter 468, chapter 471, chapter 481, or
3434	chapter 489 within the first 2-year period after initial
3435	licensure. Core course hours taken by licensees to complete this
3436	requirement shall count toward fulfillment of required
3437	continuing education units under part XII of chapter 468,
3438	chapter 471, chapter 481, or chapter 489.
3439	(5)(6)  Each biennium, upon receipt of funds by the
3440	Department of Community Affairs from the Construction Industry
3441	Licensing Board and the Electrical Contractors' Licensing Board
3442	provided under ss. 489.109(3) and 489.509(3), the department
3443	shall determine the amount of funds available for the Florida
3444	Building Code Compliance and Mitigation Program.
3445	(6)(7)  If the projects provided through the Florida
3446	Building Code Compliance and Mitigation Program in any state
3447	fiscal year do not require the use of all available funds, the
3448	unused funds shall be carried forward and allocated for use
3449	during the following fiscal year.
3450	(7)(8)  The Florida Building Commission shall provide by
3451	rule for the accreditation of courses related to the Florida
3452	Building Code by accreditors approved by the commission. The
3453	commission shall establish qualifications of accreditors and
3454	criteria for the accreditation of courses by rule. The
3455	commission may revoke the accreditation of a course by an
3456	accreditor if the accreditation is demonstrated to violate this
3457	part or the rules of the commission.
3458	(8)(9)  This section does not prohibit or limit the subject
3459	areas or development of continuing education or training on the
3460	Florida Building Code by any qualified entity.
3461	Section 62.  Subsections (1), (5), (8), and (17) of section
3462	553.842, Florida Statutes, are amended to read:
3463	553.842  Product evaluation and approval.--
3464	(1)  The commission shall adopt rules under ss. 120.536(1)
3465	and 120.54 to develop and implement a product evaluation and
3466	approval system that applies statewide to operate in
3467	coordination with the Florida Building Code. The commission may
3468	enter into contracts to provide for administration of the
3469	product evaluation and approval system. The commission's rules
3470	and any applicable contract may provide that payment of fees
3471	related to approvals be made directly to the administrator, who
3472	shall remit to the department that portion of the fee necessary
3473	to cover the department's costs. The product evaluation and
3474	approval system shall provide:
3475	(a)  Appropriate promotion of innovation and new
3476	technologies.
3477	(b)  Processing submittals of products from manufacturers
3478	in a timely manner.
3479	(c)  Independent, third-party qualified and accredited
3480	testing and laboratory facilities, product evaluation entities,
3481	quality assurance agencies, certification agencies, and
3482	validation entities.
3483	(d)  An easily accessible product acceptance list to
3484	entities subject to the Florida Building Code.
3485	(e)  Development of stringent but reasonable testing
3486	criteria based upon existing consensus standards, when
3487	available, for products.
3488	(f)  Long-term approvals, where feasible. State and local
3489	approvals will be valid until the requirements of the code on
3490	which the approval is based change, the product changes in a
3491	manner affecting its performance as required by the code, or the
3492	approval is revoked.
3493	(g)  Criteria for revocation of a product approval.
3494	(h)  Cost-effectiveness.
3495	(5)  Statewide approval of products, methods, or systems of
3496	construction may be achieved by one of the following methods.
3497	One of these methods must be used by the commission to approve
3498	the following categories of products: panel walls, exterior
3499	doors, roofing, skylights, windows, shutters, and structural
3500	components as established by the commission by rule.
3501	(a)  Products for which the code establishes standardized
3502	testing or comparative or rational analysis methods shall be
3503	approved by submittal and validation of one of the following
3504	reports or listings indicating that the product or method or
3505	system of construction was evaluated to be in compliance with
3506	the Florida Building Code and that the product or method or
3507	system of construction is, for the purpose intended, at least
3508	equivalent to that required by the Florida Building Code:
3509	1.  A certification mark or listing of an approved
3510	certification agency, which may be used only for products for
3511	which the code designates standardized testing;
3512	2.  A test report from an approved testing laboratory;
3513	3.  A product evaluation report based upon testing or
3514	comparative or rational analysis, or a combination thereof, from
3515	an approved product evaluation entity; or
3516	4.  A product evaluation report based upon testing or
3517	comparative or rational analysis, or a combination thereof,
3518	developed and signed and sealed by a professional engineer or
3519	architect, licensed in this state.
3520
3521	A product evaluation report or a certification mark or listing
3522	of an approved certification agency which demonstrates that the
3523	product or method or system of construction complies with the
3524	Florida Building Code for the purpose intended shall be
3525	equivalent to a test report and test procedure as referenced in
3526	the Florida Building Code. An application for state approval of
3527	a product under subparagraph 1. shall be approved by the
3528	department after the commission staff or a designee verifies
3529	within 10 days after receipt that the application and related
3530	documentation are complete. Upon approval by the department, the
3531	product shall be immediately added to the list of state-approved
3532	products maintained under subsection (13). Approvals by the
3533	department shall be reviewed and ratified by the commission's
3534	program oversight committee except for a showing of good cause.
3535	(b)  Products, methods, or systems of construction for
3536	which there are no specific standardized testing or comparative
3537	or rational analysis methods established in the code may be
3538	approved by submittal and validation of one of the following:
3539	1.  A product evaluation report based upon testing or
3540	comparative or rational analysis, or a combination thereof, from
3541	an approved product evaluation entity indicating that the
3542	product or method or system of construction was evaluated to be
3543	in compliance with the intent of the Florida Building Code and
3544	that the product or method or system of construction is, for the
3545	purpose intended, at least equivalent to that required by the
3546	Florida Building Code; or
3547	2.  A product evaluation report based upon testing or
3548	comparative or rational analysis, or a combination thereof,
3549	developed and signed and sealed by a professional engineer or
3550	architect, licensed in this state, who certifies that the
3551	product or method or system of construction is, for the purpose
3552	intended, at least equivalent to that required by the Florida
3553	Building Code.
3554	(8)  The commission may adopt rules to approve the
3555	following types of entities that produce information on which
3556	product approvals are based. All of the following entities,
3557	including engineers and architects, must comply with a
3558	nationally recognized standard demonstrating independence or no
3559	conflict of interest:
3560	(a)  Evaluation entities that meet the criteria for
3561	approval adopted by the commission by rule. The commission shall
3562	specifically approve the National Evaluation Service, the
3563	International Association of Plumbing and Mechanical Officials
3564	Evaluation Service the International Conference of Building
3565	Officials Evaluation Services, the International Code Council
3566	Evaluation Services, the Building Officials and Code
3567	Administrators International Evaluation Services, the Southern
3568	Building Code Congress International Evaluation Services, and
3569	the Miami-Dade County Building Code Compliance Office Product
3570	Control. Architects and engineers licensed in this state are
3571	also approved to conduct product evaluations as provided in
3572	subsection (5).
3573	(b)  Testing laboratories accredited by national
3574	organizations, such as A2LA and the National Voluntary
3575	Laboratory Accreditation Program, laboratories accredited by
3576	evaluation entities approved under paragraph (a), and
3577	laboratories that comply with other guidelines for testing
3578	laboratories selected by the commission and adopted by rule.
3579	(c)  Quality assurance entities approved by evaluation
3580	entities approved under paragraph (a) and by certification
3581	agencies approved under paragraph (d) and other quality
3582	assurance entities that comply with guidelines selected by the
3583	commission and adopted by rule.
3584	(d)  Certification agencies accredited by nationally
3585	recognized accreditors and other certification agencies that
3586	comply with guidelines selected by the commission and adopted by
3587	rule.
3588	(e)  Validation entities that comply with accreditation
3589	standards established by the commission by rule.
3590	(17)(a)  The Florida Building Commission shall review the
3591	list of evaluation entities in subsection (8) and, in the annual
3592	report required under s. 553.77, shall either recommend
3593	amendments to the list to add evaluation entities the commission
3594	determines should be authorized to perform product evaluations
3595	or shall report on the criteria adopted by rule or to be adopted
3596	by rule allowing the commission to approve evaluation entities
3597	that use the commission's product evaluation process. If the
3598	commission adopts criteria by rule, the rulemaking process must
3599	be completed by July 1, 2009.
3600	(b)  Notwithstanding paragraph (8)(a), the International
3601	Association of Plumbing and Mechanical Officials Evaluation
3602	Services is approved as an evaluation entity until October 1,
3603	2009. If the association does not obtain permanent approval by
3604	the commission as an evaluation entity by October 1, 2009,
3605	products approved on the basis of an association evaluation must
3606	be substituted by an alternative, approved entity by December
3607	31, 2009, and on January 1, 2010, any product approval issued by
3608	the commission based on an association evaluation is void.
3609	Section 63.  Subsection (4) is added to section 553.844,
3610	Florida Statutes, to read:
3611	553.844  Windstorm loss mitigation; requirements for roofs
3612	and opening protection.--
3613	(4)  Notwithstanding the provisions of this section,
3614	exposed mechanical equipment or appliances fastened to rated
3615	stands, platforms, curbs, or slabs are deemed to comply with the
3616	wind resistance requirements for wind-borne debris regions as
3617	defined in s. 1609.2, Buildings Volume, 2007 Florida Building
3618	Code, as amended, and no further support or enclosure may be
3619	required by a state or local official having authority to
3620	enforce the Florida Building Code.
3621	Section 64.  Section 553.885, Florida Statutes, is amended
3622	to read:
3623	553.885  Carbon monoxide alarm required.--
3624	(1)  Every separate building or addition to an existing
3625	building, other than a hospital, an inpatient hospice facility,
3626	or a nursing home facility licensed by the Agency for Health
3627	Care Administration, constructed for which a building permit is
3628	issued for new construction on or after July 1, 2008, and having
3629	a fossil-fuel-burning heater or appliance, a fireplace, or an
3630	attached garage, or other feature, fixture, or element that
3631	emits carbon monoxide as a byproduct of combustion shall have an
3632	approved operational carbon monoxide alarm installed within 10
3633	feet of each room used for sleeping purposes in the new building
3634	or addition, or at such other locations as required by the
3635	Florida Building Code. The requirements of this subsection may
3636	be satisfied with the installation of a battery-powered carbon
3637	monoxide alarm or a battery-powered combination carbon monoxide
3638	and smoke alarm. For a new hospital, an inpatient hospice
3639	facility, or a nursing home facility licensed by the Agency for
3640	Health Care Administration, an approved operational carbon
3641	monoxide detector shall be installed inside or directly outside
3642	of each room or area within the hospital or facility where a
3643	fossil-fuel-burning heater, engine, or appliance is located.
3644	This detector shall be connected to the fire alarm system of the
3645	hospital or facility as a supervisory signal. This subsection
3646	does not apply to existing buildings that are undergoing
3647	alterations or repairs unless the alteration is an addition as
3648	defined in subsection (3).
3649	(2)  The Florida Building Commission shall adopt rules to
3650	administer this section and shall incorporate such requirements
3651	into its next revision of the Florida Building Code.
3652	(3)  As used in this section, the term:
3653	(a)  "Carbon monoxide alarm" means a device that is meant
3654	for the purpose of detecting carbon monoxide, that produces a
3655	distinct audible alarm, and that meets the requirements of and
3656	is approved by the Florida Building Commission.
3657	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
3658	or other petroleum or hydrocarbon product that emits carbon
3659	monoxide as a by-product of combustion.
3660	(c)  "Addition" means an extension or increase in floor
3661	area, number of stories, or height of a building or structure.
3662	Section 65.  Subsection (2) of section 553.9061, Florida
3663	Statutes, is amended to read:
3664	553.9061  Scheduled increases in thermal efficiency
3665	standards.--
3666	(2)  The Florida Building Commission shall identify within
3667	code support and compliance documentation the specific building
3668	options and elements available to meet the energy performance
3669	goals established in subsection (1). Energy efficiency
3670	performance options and elements include, but are not limited
3671	to:
3672	(a)  Energy-efficient water heating systems, including
3673	solar water heating.
3674	(b)  Energy-efficient appliances.
3675	(c)  Energy-efficient windows, doors, and skylights.
3676	(d)  Low solar-absorption roofs, also known as "cool
3677	roofs."
3678	(e)  Enhanced ceiling and wall insulation.
3679	(f)  Reduced-leak duct systems and energy-saving devices
3680	and features installed within duct systems.
3681	(g)  Programmable thermostats.
3682	(h)  Energy-efficient lighting systems.
3683	(i)  Energy-saving quality installation procedures for
3684	replacement air conditioning systems, including, but not limited
3685	to, equipment sizing analysis and duct testing.
3686	(j)  Shading devices, sunscreening materials, and
3687	overhangs.
3688	(k)  Weatherstripping, caulking, and sealing of exterior
3689	openings and penetrations.
3690	Section 66.  Paragraph (d) of subsection (3) of section
3691	468.609, Florida Statutes, is amended to read:
3692	468.609  Administration of this part; standards for
3693	certification; additional categories of certification.--
3694	(3)  A person may take the examination for certification as
3695	a building code administrator pursuant to this part if the
3696	person:
3697	(d)  After the building code training program is
3698	established under s. 553.841, demonstrates successful completion
3699	of the core curriculum approved by the Florida Building
3700	Commission, appropriate to the licensing category sought.
3701	Section 67.  Subsection (6) of section 468.627, Florida
3702	Statutes, is repealed.
3703	Section 68.  Section 471.0195, Florida Statutes, is amended
3704	to read:
3705	471.0195  Florida Building Code training for
3706	engineers.--All licensees actively participating in the design
3707	of engineering works or systems in connection with buildings,
3708	structures, or facilities and systems covered by the Florida
3709	Building Code shall take continuing education courses and submit
3710	proof to the board, at such times and in such manner as
3711	established by the board by rule, that the licensee has
3712	completed the core curriculum courses and any specialized or
3713	advanced courses on any portion of the Florida Building Code
3714	applicable to the licensee's area of practice or has passed the
3715	appropriate equivalency test of the Building Code Training
3716	Program as required by s. 553.841. The board shall record
3717	reported continuing education courses on a system easily
3718	accessed by code enforcement jurisdictions for evaluation when
3719	determining license status for purposes of processing design
3720	documents. Local jurisdictions shall be responsible for
3721	notifying the board when design documents are submitted for
3722	building construction permits by persons who are not in
3723	compliance with this section. The board shall take appropriate
3724	action as provided by its rules when such noncompliance is
3725	determined to exist.
3726	Section 69.  Subsection (5) of section 481.215, Florida
3727	Statutes, is repealed.
3728	Section 70.  Subsection (5) of section 481.313, Florida
3729	Statutes, is repealed.
3730	Section 71.  Paragraph (b) of subsection (4) of section
3731	489.115, Florida Statutes, is amended to read:
3732	489.115  Certification and registration; endorsement;
3733	reciprocity; renewals; continuing education.--
3734	(4)
3735	(b)1.  Each certificateholder or registrant shall provide
3736	proof, in a form established by rule of the board, that the
3737	certificateholder or registrant has completed at least 14
3738	classroom hours of at least 50 minutes each of continuing
3739	education courses during each biennium since the issuance or
3740	renewal of the certificate or registration. The board shall
3741	establish by rule that a portion of the required 14 hours must
3742	deal with the subject of workers' compensation, business
3743	practices, workplace safety, and, for applicable licensure
3744	categories, wind mitigation methodologies, and 1 hour of which
3745	must deal with laws and rules. The board shall by rule establish
3746	criteria for the approval of continuing education courses and
3747	providers, including requirements relating to the content of
3748	courses and standards for approval of providers, and may by rule
3749	establish criteria for accepting alternative nonclassroom
3750	continuing education on an hour-for-hour basis. The board shall
3751	prescribe by rule the continuing education, if any, which is
3752	required during the first biennium of initial licensure. A
3753	person who has been licensed for less than an entire biennium
3754	must not be required to complete the full 14 hours of continuing
3755	education.
3756	2.  In addition, the board may approve specialized
3757	continuing education courses on compliance with the wind
3758	resistance provisions for one and two family dwellings contained
3759	in the Florida Building Code and any alternate methodologies for
3760	providing such wind resistance which have been approved for use
3761	by the Florida Building Commission. Division I
3762	certificateholders or registrants who demonstrate proficiency
3763	upon completion of such specialized courses may certify plans
3764	and specifications for one and two family dwellings to be in
3765	compliance with the code or alternate methodologies, as
3766	appropriate, except for dwellings located in floodways or
3767	coastal hazard areas as defined in ss. 60.3D and E of the
3768	National Flood Insurance Program.
3769	3.  Each certificateholder or registrant shall provide to
3770	the board proof of completion of the core curriculum courses, or
3771	passing the equivalency test of the Building Code Training
3772	Program established under s. 553.841, specific to the licensing
3773	category sought, within 2 years after commencement of the
3774	program or of initial certification or registration, whichever
3775	is later. Classroom hours spent taking core curriculum courses
3776	shall count toward the number required for renewal of
3777	certificates or registration. A certificateholder or registrant
3778	who passes the equivalency test in lieu of taking the core
3779	curriculum courses shall receive full credit for core curriculum
3780	course hours.
3781	3.4.  The board shall require, by rule adopted pursuant to
3782	ss. 120.536(1) and 120.54, a specified number of hours in
3783	specialized or advanced module courses, approved by the Florida
3784	Building Commission, on any portion of the Florida Building
3785	Code, adopted pursuant to part IV of chapter 553, relating to
3786	the contractor's respective discipline.
3787	Section 72.  Subsection (1) of section 489.1455, Florida
3788	Statutes, is amended to read:
3789	489.1455  Journeyman; reciprocity; standards.--
3790	(1)  An individual who holds a valid, active journeyman
3791	license in the plumbing/pipe fitting, mechanical, or HVAC trades
3792	issued by any county or municipality in this state may work as a
3793	journeyman in the trade in which he or she is licensed in any
3794	county or municipality of this state without taking an
3795	additional examination or paying an additional license fee, if
3796	he or she:
3797	(a)  Has scored at least 70 percent, or after October 1,
3798	1997, at least 75 percent, on a proctored journeyman Block and
3799	Associates examination or other proctored examination approved
3800	by the board for the trade in which he or she is licensed;
3801	(b)  Has completed an apprenticeship program registered
3802	with the Department of Labor and Employment Security and
3803	demonstrates 4 years' verifiable practical experience in the
3804	trade for which he or she is licensed, or demonstrates 6 years'
3805	verifiable practical experience in the trade for which he or she
3806	is licensed;
3807	(c)  Has satisfactorily completed specialized and advanced
3808	module coursework approved by the Florida Building Commission,
3809	as part of the Building Code Training Program established in s.
3810	553.841, specific to the discipline, and successfully completed
3811	the program's core curriculum courses or passed an equivalency
3812	test in lieu of taking the core curriculum courses and provided
3813	proof of completion of such curriculum courses or examination
3814	and obtained a certificate from the board pursuant to this part
3815	or, pursuant to authorization by the certifying authority,
3816	provides proof of completion of such curriculum or coursework
3817	within 6 months after such certification; and
3818	(d)  Has not had a license suspended or revoked within the
3819	last 5 years.
3820	Section 73.  Subsection (3) of section 489.517, Florida
3821	Statutes, is amended to read:
3822	489.517  Renewal of certificate or registration; continuing
3823	education.--
3824	(3)(a)  Each certificateholder or registrant shall provide
3825	proof, in a form established by rule of the board, that the
3826	certificateholder or registrant has completed at least 14
3827	classroom hours of at least 50 minutes each of continuing
3828	education courses during each biennium since the issuance or
3829	renewal of the certificate or registration. The board shall by
3830	rule establish criteria for the approval of continuing education
3831	courses and providers and may by rule establish criteria for
3832	accepting alternative nonclassroom continuing education on an
3833	hour-for-hour basis.
3834	(b)  Each certificateholder or registrant shall provide to
3835	the board proof of completion of the core curriculum courses or
3836	passing the equivalency test of the Building Code Training
3837	Program established under s. 553.841, specific to the licensing
3838	category sought, within 2 years after commencement of the
3839	program or of initial certification or registration, whichever
3840	is later. Classroom hours spent taking core curriculum courses
3841	shall count toward the number required for renewal of
3842	certificate or registration. A certificateholder or registrant
3843	who passes the equivalency test in lieu of taking the core
3844	curriculum courses shall receive full credit for core curriculum
3845	course hours.
3846	Section 74.  For the purpose of incorporating the amendment
3847	made by this act to section 553.79, Florida Statutes, in a
3848	reference thereto, subsection (1) of section 553.80, Florida
3849	Statutes, is reenacted to read:
3850	553.80  Enforcement.--
3851	(1)  Except as provided in paragraphs (a)-(g), each local
3852	government and each legally constituted enforcement district
3853	with statutory authority shall regulate building construction
3854	and, where authorized in the state agency's enabling
3855	legislation, each state agency shall enforce the Florida
3856	Building Code required by this part on all public or private
3857	buildings, structures, and facilities, unless such
3858	responsibility has been delegated to another unit of government
3859	pursuant to s. 553.79(9).
3860	(a)  Construction regulations relating to correctional
3861	facilities under the jurisdiction of the Department of
3862	Corrections and the Department of Juvenile Justice are to be
3863	enforced exclusively by those departments.
3864	(b)  Construction regulations relating to elevator
3865	equipment under the jurisdiction of the Bureau of Elevators of
3866	the Department of Business and Professional Regulation shall be
3867	enforced exclusively by that department.
3868	(c)  In addition to the requirements of s. 553.79 and this
3869	section, facilities subject to the provisions of chapter 395 and
3870	part II of chapter 400 shall have facility plans reviewed and
3871	construction surveyed by the state agency authorized to do so
3872	under the requirements of chapter 395 and part II of chapter 400
3873	and the certification requirements of the Federal Government.
3874	(d)  Building plans approved under s. 553.77(3) and state-
3875	approved manufactured buildings, including buildings
3876	manufactured and assembled offsite and not intended for
3877	habitation, such as lawn storage buildings and storage sheds,
3878	are exempt from local code enforcing agency plan reviews except
3879	for provisions of the code relating to erection, assembly, or
3880	construction at the site. Erection, assembly, and construction
3881	at the site are subject to local permitting and inspections.
3882	Lawn storage buildings and storage sheds bearing the insignia of
3883	approval of the department are not subject to s. 553.842. Such
3884	buildings that do not exceed 400 square feet may be delivered
3885	and installed without need of a contractor's or specialty
3886	license.
3887	(e)  Construction regulations governing public schools,
3888	state universities, and community colleges shall be enforced as
3889	provided in subsection (6).
3890	(f)  The Florida Building Code as it pertains to toll
3891	collection facilities under the jurisdiction of the turnpike
3892	enterprise of the Department of Transportation shall be enforced
3893	exclusively by the turnpike enterprise.
3894	(g)  Construction regulations relating to secure mental
3895	health treatment facilities under the jurisdiction of the
3896	Department of Children and Family Services shall be enforced
3897	exclusively by the department in conjunction with the Agency for
3898	Health Care Administration's review authority under paragraph
3899	(c).
3900
3901	The governing bodies of local governments may provide a schedule
3902	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
3903	section, for the enforcement of the provisions of this part.
3904	Such fees shall be used solely for carrying out the local
3905	government's responsibilities in enforcing the Florida Building
3906	Code. The authority of state enforcing agencies to set fees for
3907	enforcement shall be derived from authority existing on July 1,
3908	1998. However, nothing contained in this subsection shall
3909	operate to limit such agencies from adjusting their fee schedule
3910	in conformance with existing authority.
3911	Section 75.  Paragraph (b) of subsection (3) of section
3912	633.0215, Florida Statutes, is amended, and subsection (13) is
3913	added to that section, to read:
3914	633.0215  Florida Fire Prevention Code.--
3915	(3)  No later than 180 days before the triennial adoption
3916	of the Florida Fire Prevention Code, the State Fire Marshal
3917	shall notify each municipal, county, and special district fire
3918	department of the triennial code adoption and steps necessary
3919	for local amendments to be included within the code. No later
3920	than 120 days before the triennial adoption of the Florida Fire
3921	Prevention Code, each local jurisdiction shall provide the State
3922	Fire Marshal with copies of its local fire code amendments. The
3923	State Fire Marshal has the option to process local fire code
3924	amendments that are received less than 120 days before the
3925	adoption date of the Florida Fire Prevention Code.
3926	(b)  Any local amendment to the Florida Fire Prevention
3927	Code adopted by a local government shall be effective only until
3928	the adoption of the new edition of the Florida Fire Prevention
3929	Code, which shall be every third year. At such time, the State
3930	Fire Marshal shall adopt such amendment as part of the Florida
3931	Fire Prevention Code or rescind the amendment. The State Fire
3932	Marshal shall immediately notify the respective local government
3933	of the rescission of the amendment and the reason for the
3934	rescission. After receiving such notice, the respective local
3935	government may readopt the rescinded amendment. Incorporation of
3936	local amendments as regional and local concerns and variations
3937	shall be considered as adoption of an amendment pursuant to this
3938	section part.
3939	(13)  The State Fire Marshal shall issue an expedited
3940	declaratory statement relating to interpretations of provisions
3941	of the Florida Fire Prevention Code according to the following
3942	guidelines:
3943	(a)  The declaratory statement shall be rendered in
3944	accordance with s. 120.565 except that a final decision shall be
3945	issued by the State Fire Marshal within 45 days after the
3946	division's receipt of a petition seeking an expedited
3947	declaratory statement. The State Fire Marshal shall give notice
3948	of the petition and the expedited declaratory statement or the
3949	denial of the petition in the next available issue of the
3950	Florida Administrative Weekly after the petition is filed and
3951	after the statement or denial is rendered.
3952	(b)  The petitioner must be the owner of the disputed
3953	project or the owner's representative.
3954	(c)  The petition for expedited declaratory statement must
3955	be:
3956	1.  Related to an active project that is under construction
3957	or must have been submitted for a permit;
3958	2.  The subject of a written notice citing a specific
3959	provision of the Florida Fire Prevention Code which is in
3960	dispute; and
3961	3.  Limited to a single question that is capable of being
3962	answered with a "yes" or "no" response.
3963
3964	A petition for declaratory statement which does not meet all of
3965	the requirements of this subsection must be denied without
3966	prejudice. This subsection does not affect the right of the
3967	petitioner as a substantially affected person to seek a
3968	declaratory statement under s. 633.01(6).
3969	Section 76.  Section 633.026, Florida Statutes, is amended
3970	to read:
3971	633.026  Legislative intent; informal interpretations of
3972	the Florida Fire Prevention Code.--It is the intent of the
3973	Legislature that the Florida Fire Prevention Code be interpreted
3974	by fire officials and local enforcement agencies in a manner
3975	that protects the public safety, health, and welfare by ensuring
3976	uniform interpretations throughout this state and by providing
3977	processes for resolving disputes regarding such interpretations
3978	which are just and expeditious. It is the intent of the
3979	Legislature that such processes provide for the expeditious
3980	resolution of the issues presented and that the resulting
3981	interpretation of such issues be published on the website of the
3982	Division of State Fire Marshal.
3983	(1)  The Division of State Fire Marshal shall by rule
3984	establish an informal process of rendering nonbinding
3985	interpretations of the Florida Fire Prevention Code. The
3986	Division of State Fire Marshal may contract with and refer
3987	interpretive issues to a nonprofit organization that has
3988	experience in interpreting and enforcing the Florida Fire
3989	Prevention Code. The Division of State Fire Marshal shall
3990	immediately implement the process prior to the completion of
3991	formal rulemaking. It is the intent of the Legislature that the
3992	Division of State Fire Marshal establish create a Fire Code
3993	Interpretation Committee composed of seven persons and seven
3994	alternates, equally representing each area of the state process
3995	to refer questions to a small group of individuals certified
3996	under s. 633.081(2), to which a party can pose questions
3997	regarding the interpretation of the Florida Fire Prevention Code
3998	provisions.
3999	(2)  Each member and alternate member of the Fire Code
4000	Interpretation Committee must be certified as a firesafety
4001	inspector pursuant to s. 633.081(2) and must have a minimum of 5
4002	years of experience interpreting and enforcing the Florida Fire
4003	Prevention Code and the Life Safety Code. Each member and
4004	alternate member must be approved by the Division of State Fire
4005	Marshal and deemed by the division to have met these
4006	requirements for at least 30 days before participating in a
4007	review of a nonbinding interpretation It is the intent of the
4008	Legislature that the process provide for the expeditious
4009	resolution of the issues presented and publication of the
4010	resulting interpretation on the website of the Division of State
4011	Fire Marshal. It is the intent of the Legislature that this
4012	program be similar to the program established by the Florida
4013	Building Commission in s. 553.775(3)(g).
4014	(3)  Each nonbinding interpretation of code provisions must
4015	be provided within 10 business days after receipt of a request
4016	for interpretation. The response period established in this
4017	subsection may be waived only with the written consent of the
4018	party requesting the nonbinding interpretation and the Division
4019	of State Fire Marshal. Nonbinding Such interpretations shall be
4020	advisory only and nonbinding on the parties or the State Fire
4021	Marshal.
4022	(4)  In order to administer this section, the Division of
4023	State Fire Marshal must charge department may adopt by rule and
4024	impose a fee for nonbinding interpretations, with payment made
4025	directly to the third party. The fee may not exceed $150 for
4026	each request for a review or interpretation. The division may
4027	authorize payment of fees directly to the nonprofit organization
4028	under contract pursuant to subsection (1).
4029	(5)  A party requesting a nonbinding interpretation who
4030	disagrees with the interpretation issued under this section may
4031	apply for a formal interpretation from the State Fire Marshal
4032	pursuant to s. 633.01(6).
4033	(6)  The Division of State Fire Marshall shall issue or
4034	cause to be issued a nonbinding interpretation of the Florida
4035	Fire Prevention Code pursuant to this section when requested to
4036	do so upon submission of a petition by the owner or the owner's
4037	representative, or the contractor or the contractor's
4038	representative, of a project in dispute, or by a fire official.
4039	The division shall adopt a petition form by rule and the
4040	petition form must be published on the State Fire Marshal's
4041	website. The form shall, at a minimum, require the following:
4042	(a)  The name and address of the local fire official,
4043	including the address of the county, municipal, or special
4044	district.
4045	(b)  The name and address of the owner or the owner's
4046	representative, or the contractor or the contractor's
4047	representative.
4048	(c)  A statement of the specific sections of the Florida
4049	Fire Prevention Code being interpreted by the local fire
4050	official.
4051	(d)  An explanation of how the petitioner's substantial
4052	interests are being affected by the local interpretation of the
4053	Florida Fire Prevention Code.
4054	(e)  A statement of the interpretation of the specific
4055	sections of the Florida Fire Prevention Code by the local fire
4056	official.
4057	(f)  A statement of the interpretation that the petitioner
4058	contends should be given to the specific sections of the Florida
4059	Fire Prevention Code and a statement supporting the petitioner's
4060	interpretation.
4061	(7)  Upon receipt of a petition that meets the requirements
4062	of subsection (6), the Division of State Fire Marshal shall
4063	immediately provide copies of the petition to the Fire Code
4064	Interpretation Committee, and shall publish the petition and any
4065	response submitted by the local fire official on the State Fire
4066	Marshal's website.
4067	(8)  The committee shall conduct proceedings as necessary
4068	to resolve the issues and give due regard to the petition, the
4069	facts of the matter at issue, specific code sections cited, and
4070	any statutory implications affecting the Florida Fire Prevention
4071	Code. The committee shall issue an interpretation regarding the
4072	provisions of the Florida Fire Prevention Code within 10 days
4073	after the filing of a petition. The committee shall issue an
4074	interpretation based upon the Florida Fire Prevention Code or,
4075	if the code is ambiguous, the intent of the code. The
4076	committee's interpretation shall be provided to the petitioner
4077	and shall include a notice that if the petitioner disagrees with
4078	the interpretation, the petitioner may file a request for formal
4079	interpretation by the State Fire Marshal under s. 633.01(6). The
4080	committee's interpretation shall be provided to the State Fire
4081	Marshal, and the division shall publish the interpretation on
4082	the State Fire Marshal's website and in the Florida
4083	Administrative Weekly.
4084	Section 77.  Section 633.081, Florida Statutes, is amended
4085	to read:
4086	633.081  Inspection of buildings and equipment; orders;
4087	firesafety inspection training requirements; certification;
4088	disciplinary action.--The State Fire Marshal and her or his
4089	agents shall, at any reasonable hour, when the State Fire
4090	Marshal department has reasonable cause to believe that a
4091	violation of this chapter or s. 509.215, or a rule promulgated
4092	thereunder, or a minimum firesafety code adopted by a local
4093	authority, may exist, inspect any and all buildings and
4094	structures which are subject to the requirements of this chapter
4095	or s. 509.215 and rules promulgated thereunder. The authority to
4096	inspect shall extend to all equipment, vehicles, and chemicals
4097	which are located within the premises of any such building or
4098	structure.
4099	(1)  Each county, municipality, and special district that
4100	has firesafety enforcement responsibilities shall employ or
4101	contract with a firesafety inspector. The firesafety inspector
4102	must conduct all firesafety inspections that are required by
4103	law. The governing body of a county, municipality, or special
4104	district that has firesafety enforcement responsibilities may
4105	provide a schedule of fees to pay only the costs of inspections
4106	conducted pursuant to this subsection and related administrative
4107	expenses. Two or more counties, municipalities, or special
4108	districts that have firesafety enforcement responsibilities may
4109	jointly employ or contract with a firesafety inspector.
4110	(2)  Every firesafety inspection conducted pursuant to
4111	state or local firesafety requirements shall be by a person
4112	certified as having met the inspection training requirements set
4113	by the State Fire Marshal. Such person shall:
4114	(a)  Be a high school graduate or the equivalent as
4115	determined by the department;
4116	(b)  Not have been found guilty of, or having pleaded
4117	guilty or nolo contendere to, a felony or a crime punishable by
4118	imprisonment of 1 year or more under the law of the United
4119	States, or of any state thereof, which involves moral turpitude,
4120	without regard to whether a judgment of conviction has been
4121	entered by the court having jurisdiction of such cases;
4122	(c)  Have her or his fingerprints on file with the
4123	department or with an agency designated by the department;
4124	(d)  Have good moral character as determined by the
4125	department;
4126	(e)  Be at least 18 years of age;
4127	(f)  Have satisfactorily completed the firesafety inspector
4128	certification examination as prescribed by the department; and
4129	(g)1.  Have satisfactorily completed, as determined by the
4130	department, a firesafety inspector training program of not less
4131	than 200 hours established by the department and administered by
4132	agencies and institutions approved by the department for the
4133	purpose of providing basic certification training for firesafety
4134	inspectors; or
4135	2.  Have received in another state training which is
4136	determined by the department to be at least equivalent to that
4137	required by the department for approved firesafety inspector
4138	education and training programs in this state.
4139	(3)  Each special state firesafety inspection which is
4140	required by law and is conducted by or on behalf of an agency of
4141	the state must be performed by an individual who has met the
4142	provision of subsection (2), except that the duration of the
4143	training program shall not exceed 120 hours of specific training
4144	for the type of property that such special state firesafety
4145	inspectors are assigned to inspect.
4146	(4)  A firefighter certified pursuant to s. 633.35 may
4147	conduct firesafety inspections, under the supervision of a
4148	certified firesafety inspector, while on duty as a member of a
4149	fire department company conducting inservice firesafety
4150	inspections without being certified as a firesafety inspector,
4151	if such firefighter has satisfactorily completed an inservice
4152	fire department company inspector training program of at least
4153	24 hours' duration as provided by rule of the department.
4154	(5)  Every firesafety inspector or special state firesafety
4155	inspector certificate is valid for a period of 3 years from the
4156	date of issuance. Renewal of certification shall be subject to
4157	the affected person's completing proper application for renewal
4158	and meeting all of the requirements for renewal as established
4159	under this chapter or by rule promulgated thereunder, which
4160	shall include completion of at least 40 hours during the
4161	preceding 3-year period of continuing education as required by
4162	the rule of the department or, in lieu thereof, successful
4163	passage of an examination as established by the department.
4164	(6)  The State Fire Marshal may deny, refuse to renew,
4165	suspend, or revoke the certificate of a firesafety inspector or
4166	special state firesafety inspector if it finds that any of the
4167	following grounds exist:
4168	(a)  Any cause for which issuance of a certificate could
4169	have been refused had it then existed and been known to the
4170	State Fire Marshal.
4171	(b)  Violation of this chapter or any rule or order of the
4172	State Fire Marshal.
4173	(c)  Falsification of records relating to the certificate.
4174	(d)  Having been found guilty of or having pleaded guilty
4175	or nolo contendere to a felony, whether or not a judgment of
4176	conviction has been entered.
4177	(e)  Failure to meet any of the renewal requirements.
4178	(f)  Having been convicted of a crime in any jurisdiction
4179	which directly relates to the practice of fire code inspection,
4180	plan review, or administration.
4181	(g)  Making or filing a report or record that the
4182	certificateholder knows to be false, or knowingly inducing
4183	another to file a false report or record, or knowingly failing
4184	to file a report or record required by state or local law, or
4185	knowingly impeding or obstructing such filing, or knowingly
4186	inducing another person to impede or obstruct such filing.
4187	(h)  Failing to properly enforce applicable fire codes or
4188	permit requirements within this state which the
4189	certificateholder knows are applicable by committing willful
4190	misconduct, gross negligence, gross misconduct, repeated
4191	negligence, or negligence resulting in a significant danger to
4192	life or property.
4193	(i)  Accepting labor, services, or materials at no charge
4194	or at a noncompetitive rate from any person who performs work
4195	that is under the enforcement authority of the certificateholder
4196	and who is not an immediate family member of the
4197	certificateholder. For the purpose of this paragraph, the term
4198	"immediate family member" means a spouse, child, parent,
4199	sibling, grandparent, aunt, uncle, or first cousin of the person
4200	or the person's spouse or any person who resides in the primary
4201	residence of the certificateholder.
4202	(7)  The Division of State Fire Marshal and the Florida
4203	Building Code Administrator and Inspectors Board, established
4204	pursuant to s. 468.605, shall enter into a reciprocity agreement
4205	to facilitate joint recognition of continuing education
4206	recertification hours for certificateholders licensed under s.
4207	468.609 and firesafety inspectors certified under subsection
4208	(2).
4209	(8)(7)  The department shall provide by rule for the
4210	certification of firesafety inspectors.
4211	Section 78.  Section 633.352, Florida Statutes, is amended
4212	to read:
4213	633.352  Retention of firefighter certification.--Any
4214	certified firefighter who has not been active as a firefighter,
4215	or as a volunteer firefighter with an organized fire department,
4216	for a period of 3 years shall be required to retake the
4217	practical portion of the minimum standards state examination
4218	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
4219	Administrative Code, in order to maintain her or his
4220	certification as a firefighter; however, this requirement does
4221	not apply to state-certified firefighters who are certified and
4222	employed as full-time firesafety inspectors or firesafety
4223	instructors, regardless of the firefighter's employment status
4224	as determined by the division. The 3-year period begins on the
4225	date the certificate of compliance is issued or upon termination
4226	of service with an organized fire department.
4227	Section 79.  Paragraph (e) of subsection (2) and
4228	subsections (3), (10), and (11) of section 633.521, Florida
4229	Statutes, are amended to read:
4230	633.521  Certificate application and issuance; permit
4231	issuance; examination and investigation of applicant.--
4232	(2)
4233	(e)  An applicant may not be examined more than four times
4234	during 1 year for certification as a contractor pursuant to this
4235	section unless the person is or has been certified and is taking
4236	the examination to change classifications. If an applicant does
4237	not pass one or more parts of the examination, she or he may
4238	take any part of the examination three more times during the 1-
4239	year period beginning upon the date she or he originally filed
4240	an application to take the examination. If the applicant does
4241	not pass the examination within that 1-year period, she or he
4242	must file a new application and pay the application and
4243	examination fees in order to take the examination or a part of
4244	the examination again. However, the applicant may not file a new
4245	application sooner than 6 months after the date of her or his
4246	last examination. An applicant who passes the examination but
4247	does not meet the remaining qualifications as provided in
4248	applicable statutes and rules within 1 year after the
4249	application date must file a new application, pay the
4250	application and examination fee, successfully complete a
4251	prescribed training course approved by the State Fire College or
4252	an equivalent court approved by the State Fire Marshal, and
4253	retake and pass the written examination.
4254	(3)(a)  As a prerequisite to taking the examination for
4255	certification as a Contractor I, Contractor II, or Contractor
4256	III, the applicant must be at least 18 years of age, be of good
4257	moral character, and shall possess 4 years' proven experience in
4258	the employment of a fire protection system Contractor I,
4259	Contractor II, or Contractor III or a combination of equivalent
4260	education and experience in both water-based and chemical fire
4261	suppression systems.
4262	(b)  As a prerequisite to taking the examination for
4263	certification as a Contractor II, the applicant must be at least
4264	18 years of age, be of good moral character, and have 4 years of
4265	verifiable employment experience with a fire protection system
4266	as a Contractor I or Contractor II, or a combination of
4267	equivalent education and experience in water-based fire
4268	suppression systems.
4269	(c)  Required education and experience for certification as
4270	a Contractor I, Contractor II, Contractor III, or Contractor IV
4271	includes training and experience in both installation and system
4272	layout as defined in s. 633.021.
4273	(d)  As a prerequisite to taking the examination for
4274	certification as a Contractor III, the applicant must be at
4275	least 18 years of age, be of good moral character, and have 4
4276	years of verifiable employment experience with a fire protection
4277	system as a Contractor I or Contractor II, or a combination of
4278	equivalent education and experience in chemical fire suppression
4279	systems.
4280	(e)  As a prerequisite to taking the examination for
4281	certification as a Contractor IV, the applicant must shall be at
4282	least 18 years old, be of good moral character, be licensed as a
4283	certified plumbing contractor under chapter 489, and
4284	successfully complete a training program acceptable to the State
4285	Fire Marshal of not less than 40 contact hours regarding the
4286	applicable installation standard used by the Contractor IV as
4287	described in NFPA 13D. The State Fire Marshal may adopt rules to
4288	administer this subsection have at least 2 years' proven
4289	experience in the employment of a fire protection system
4290	Contractor I, Contractor II, Contractor III, or Contractor IV or
4291	combination of equivalent education and experience which
4292	combination need not include experience in the employment of a
4293	fire protection system contractor.
4294	(f)  As a prerequisite to taking the examination for
4295	certification as a Contractor V, the applicant must shall be at
4296	least 18 years old, be of good moral character, and have been
4297	licensed as a certified underground utility and excavation
4298	contractor or certified plumbing contractor pursuant to chapter
4299	489, have verification by an individual who is licensed as a
4300	certified utility contractor or certified plumbing contractor
4301	pursuant to chapter 489 that the applicant has 4 years' proven
4302	experience in the employ of a certified underground utility and
4303	excavation contractor or certified plumbing contractor, or have
4304	a combination of education and experience equivalent to 4 years'
4305	proven experience in the employ of a certified underground
4306	utility and excavation contractor or certified plumbing
4307	contractor.
4308	(g)  Within 30 days after the date of the examination, the
4309	State Fire Marshal shall inform the applicant in writing whether
4310	she or he has qualified or not and, if the applicant has
4311	qualified, that she or he is ready to issue a certificate of
4312	competency, subject to compliance with the requirements of
4313	subsection (4).
4314	(10)  Effective July 1, 2008, the State Fire Marshal shall
4315	require the National Institute of Certification in Engineering
4316	Technologies (NICET), Sub-field of Inspection and Testing of
4317	Fire Protection Systems Level II or equivalent training and
4318	education as determined by the division as proof that the
4319	permitholders are knowledgeable about nationally accepted
4320	standards for the inspection of fire protection systems. It is
4321	the intent of this act, from July 1, 2005, until July 1, 2008,
4322	to accept continuing education of all certificateholders'
4323	employees who perform inspection functions which specifically
4324	prepares the permitholder to qualify for NICET II certification.
4325	(11)  It is intended that a certificateholder, or a
4326	permitholder who is employed by a certificateholder, conduct
4327	inspections required by this chapter. It is understood that
4328	after July 1, 2008, employee turnover may result in a depletion
4329	of personnel who are certified under the NICET Sub-field of
4330	Inspection and Testing of Fire Protection Systems Level II or
4331	equivalent training and education as required by the Division of
4332	State Fire Marshal which is required for permitholders. The
4333	extensive training and experience necessary to achieve NICET
4334	Level II certification is recognized. A certificateholder may
4335	therefore obtain a provisional permit with an endorsement for
4336	inspection, testing, and maintenance of water-based fire
4337	extinguishing systems for an employee if the employee has
4338	initiated procedures for obtaining Level II certification from
4339	the National Institute for Certification in Engineering
4340	Technologies Sub-field of Inspection and Testing of Fire
4341	Protection Systems and achieved Level I certification or an
4342	equivalent level as determined by the State Fire Marshal through
4343	verification of experience, training, and examination. The State
4344	Fire Marshal may establish rules to administer this subsection.
4345	After 2 years of provisional certification, the employee must
4346	have achieved NICET Level II certification, or obtain equivalent
4347	training and education as determined by the division, or cease
4348	performing inspections requiring Level II certification. The
4349	provisional permit is valid only for the 2 calendar years after
4350	the date of issuance, may not be extended, and is not renewable.
4351	After the initial 2-year provisional permit expires, the
4352	certificateholder must wait 2 additional years before a new
4353	provisional permit may be issued. The intent is to prohibit the
4354	certificateholder from using employees who never reach NICET
4355	Level II, or equivalent training and education as determined by
4356	the division, status by continuously obtaining provisional
4357	permits.
4358	Section 80.  Subsection (3) is added to section 633.524,
4359	Florida Statutes, to read:
4360	633.524  Certificate and permit fees; use and deposit of
4361	collected funds.--
4362	(3)  The State Fire Marshal may enter into a contract with
4363	any qualified public entity or private company in accordance
4364	with chapter 287 to provide examinations for any applicant for
4365	any examination administered under the jurisdiction of the State
4366	Fire Marshal. The State Fire Marshal may direct payments from
4367	each applicant for each examination directly to such contracted
4368	entity or company.
4369	Section 81.  Subsection (4) of section 633.537, Florida
4370	Statutes, is amended to read:
4371	633.537  Certificate; expiration; renewal; inactive
4372	certificate; continuing education.--
4373	(4)  The renewal period for the permit class is the same as
4374	that for the employing certificateholder. The continuing
4375	education requirements for permitholders are what is required to
4376	maintain NICET Sub-field of Inspection and Testing of Fire
4377	Protection Systems Level II, equivalent training and education
4378	as determined by the division, or higher certification plus 8
4379	contact hours of continuing education approved by the State Fire
4380	Marshal during each biennial renewal period thereafter. The
4381	continuing education curriculum from July 1, 2005, until July 1,
4382	2008, shall be the preparatory curriculum for NICET II
4383	certification; after July 1, 2008, the technical curriculum is
4384	at the discretion of the State Fire Marshal and may be used to
4385	meet the maintenance of NICET Level II certification and 8
4386	contact hours of continuing education requirements. It is the
4387	responsibility of the permitholder to maintain NICET II
4388	certification or equivalent training and education as determined
4389	by the division as a condition of permit renewal after July 1,
4390	2008.
4391	Section 82.  Subsection (4) of section 633.72, Florida
4392	Statutes, is amended to read:
4393	633.72  Florida Fire Code Advisory Council.--
4394	(4)  Each appointee shall serve a 4-year term. No member
4395	shall serve more than two consecutive terms one term. No member
4396	of the council shall be paid a salary as such member, but each
4397	shall receive travel and expense reimbursement as provided in s.
4398	112.061.
4399	Section 83.  Section 553.509, Florida Statutes, is amended
4400	to read:
4401	553.509  Vertical accessibility.--
4402	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
4403	be construed to relieve the owner of any building, structure, or
4404	facility governed by those sections from the duty to provide
4405	vertical accessibility to all levels above and below the
4406	occupiable grade level, regardless of whether the guidelines
4407	require an elevator to be installed in such building, structure,
4408	or facility, except for:
4409	(1)(a)  Elevator pits, elevator penthouses, mechanical
4410	rooms, piping or equipment catwalks, and automobile lubrication
4411	and maintenance pits and platforms;
4412	(2)(b)  Unoccupiable spaces, such as rooms, enclosed
4413	spaces, and storage spaces that are not designed for human
4414	occupancy, for public accommodations, or for work areas; and
4415	(3)(c)  Occupiable spaces and rooms that are not open to
4416	the public and that house no more than five persons, including,
4417	but not limited to, equipment control rooms and projection
4418	booths.
4419	(2)(a)  Any person, firm, or corporation that owns,
4420	manages, or operates a residential multifamily dwelling,
4421	including a condominium, that is at least 75 feet high and
4422	contains a public elevator, as described in s. 399.035(2) and
4423	(3) and rules adopted by the Florida Building Commission, shall
4424	have at least one public elevator that is capable of operating
4425	on an alternate power source for emergency purposes. Alternate
4426	power shall be available for the purpose of allowing all
4427	residents access for a specified number of hours each day over a
4428	5-day period following a natural disaster, manmade disaster,
4429	emergency, or other civil disturbance that disrupts the normal
4430	supply of electricity. The alternate power source that controls
4431	elevator operations must also be capable of powering any
4432	connected fire alarm system in the building.
4433	(b)  At a minimum, the elevator must be appropriately
4434	prewired and prepared to accept an alternate power source and
4435	must have a connection on the line side of the main disconnect,
4436	pursuant to National Electric Code Handbook, Article 700. In
4437	addition to the required power source for the elevator and
4438	connected fire alarm system in the building, the alternate power
4439	supply must be sufficient to provide emergency lighting to the
4440	interior lobbies, hallways, and other portions of the building
4441	used by the public. Residential multifamily dwellings must have
4442	an available generator and fuel source on the property or have
4443	proof of a current contract posted in the elevator machine room
4444	or other place conspicuous to the elevator inspector affirming a
4445	current guaranteed service contract for such equipment and fuel
4446	source to operate the elevator on an on-call basis within 24
4447	hours after a request. By December 31, 2006, any person, firm or
4448	corporation that owns, manages, or operates a residential
4449	multifamily dwelling as defined in paragraph (a) must provide to
4450	the local building inspection agency verification of engineering
4451	plans for residential multifamily dwellings that provide for the
4452	capability to generate power by alternate means. Compliance with
4453	installation requirements and operational capability
4454	requirements must be verified by local building inspectors and
4455	reported to the county emergency management agency by December
4456	31, 2007.
4457	(c)  Each newly constructed residential multifamily
4458	dwelling, including a condominium, that is at least 75 feet high
4459	and contains a public elevator, as described in s. 399.035(2)
4460	and (3) and rules adopted by the Florida Building Commission,
4461	must have at least one public elevator that is capable of
4462	operating on an alternate power source for the purpose of
4463	allowing all residents access for a specified number of hours
4464	each day over a 5-day period following a natural disaster,
4465	manmade disaster, emergency, or other civil disturbance that
4466	disrupts the normal supply of electricity. The alternate power
4467	source that controls elevator operations must be capable of
4468	powering any connected fire alarm system in the building. In
4469	addition to the required power source for the elevator and
4470	connected fire alarm system, the alternate power supply must be
4471	sufficient to provide emergency lighting to the interior
4472	lobbies, hallways, and other portions of the building used by
4473	the public. Engineering plans and verification of operational
4474	capability must be provided by the local building inspector to
4475	the county emergency management agency before occupancy of the
4476	newly constructed building.
4477	(d)  Each person, firm, or corporation that is required to
4478	maintain an alternate power source under this subsection shall
4479	maintain a written emergency operations plan that details the
4480	sequence of operations before, during, and after a natural or
4481	manmade disaster or other emergency situation. The plan must
4482	include, at a minimum, a lifesafety plan for evacuation,
4483	maintenance of the electrical and lighting supply, and
4484	provisions for the health, safety, and welfare of the residents.
4485	In addition, the owner, manager, or operator of the residential
4486	multifamily dwelling must keep written records of any contracts
4487	for alternative power generation equipment. Also, quarterly
4488	inspection records of lifesafety equipment and alternate power
4489	generation equipment must be posted in the elevator machine room
4490	or other place conspicuous to the elevator inspector, which
4491	confirm that such equipment is properly maintained and in good
4492	working condition, and copies of contracts for alternate power
4493	generation equipment shall be maintained on site for
4494	verification. The written emergency operations plan and
4495	inspection records shall also be open for periodic inspection by
4496	local and state government agencies as deemed necessary. The
4497	owner or operator must keep a generator key in a lockbox posted
4498	at or near any installed generator unit.
4499	(e)  Multistory affordable residential dwellings for
4500	persons age 62 and older that are financed or insured by the
4501	United States Department of Housing and Urban Development must
4502	make every effort to obtain grant funding from the Federal
4503	Government or the Florida Housing Finance Corporation to comply
4504	with this subsection. If an owner of such a residential dwelling
4505	cannot comply with the requirements of this subsection, the
4506	owner must develop a plan with the local emergency management
4507	agency to ensure that residents are evacuated to a place of
4508	safety in the event of a power outage resulting from a natural
4509	or manmade disaster or other emergency situation that disrupts
4510	the normal supply of electricity for an extended period of time.
4511	A place of safety may include, but is not limited to, relocation
4512	to an alternative site within the building or evacuation to a
4513	local shelter.
4514	(f)  As a part of the annual elevator inspection required
4515	under s. 399.061, certified elevator inspectors shall confirm
4516	that all installed generators required by this chapter are in
4517	working order, have current inspection records posted in the
4518	elevator machine room or other place conspicuous to the elevator
4519	inspector, and that the required generator key is present in the
4520	lockbox posted at or near the installed generator. If a building
4521	does not have an installed generator, the inspector shall
4522	confirm that the appropriate prewiring and switching
4523	capabilities are present and that a statement is posted in the
4524	elevator machine room or other place conspicuous to the elevator
4525	inspector affirming a current guaranteed contract exists for
4526	contingent services for alternate power is current for the
4527	operating period.
4528
4529	However, buildings, structures, and facilities must, as a
4530	minimum, comply with the requirements in the Americans with
4531	Disabilities Act Accessibility Guidelines.
4532	Section 84.  The Florida Building Commission is directed to
4533	adjust the Florida Building Code for consistency with the
4534	revisions to s. 399.02, Florida Statutes, by this act.
4535	Section 85.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.