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 consumptive use permits to specified entities for
53	certain uses and for alternative water supply development
54	projects; providing for compliance reporting and review,
55	modification, and revocation relating to such permits;
56	amending s. 373.243, F.S.; limiting the authority of a
57	governing board or the department to revoke certain
58	permits for nonuse of resource; amending s. 373.406, F.S.;
59	providing an exemption from permitting requirements for
60	construction of specified public use facilities; creating
61	s. 373.1181, F.S.; providing for issuance of a general
62	permit to counties to construct, operate, alter, maintain,
63	or remove systems for the purposes of environmental
64	restoration; specifying requirements for such permits;
65	requiring the water management district or the department
66	to provide counties with certain written notification;
67	providing that the permit constitutes a letter of consent
68	by the Board of Trustees of the Internal Improvement Trust
69	Fund to complete certain activities; amending s. 373.4141,
70	F.S.; extending the period of time for applicants to
71	provide additional information for certain permit
72	applications; providing for the denial of an application
73	under certain conditions; amending s. 373.441, F.S.;
74	revising provisions relating to the regulation of
75	activities subject to delegation to a qualified local
76	government; amending s. 403.061, F.S.; authorizing the
77	department to adopt rules that include special criteria
78	for approval of construction and operation of certain
79	docking facilities; authorizing the department to maintain
80	a list of projects or activities for applicants to
81	consider when developing certain proposals; authorizing
82	the department to develop a project management plan to
83	implement an e-permitting program; authorizing the
84	department to expand online self-certification for certain
85	exemptions and general permits; prohibiting local
86	governments from specifying the method or form of
87	documentation by which a project meets specified
88	provisions; amending s. 403.813, F.S.; clarifying
89	provisions relating to permits issued at district centers;
90	authorizing the use of certain materials and deviations
91	for the replacement or repair of docks and piers; amending
92	s. 403.814, F.S.; directing the Department of
93	Environmental Protection to expand the use of Internet-
94	based self-certification services for certain exemptions
95	and general permits; requiring the department to submit a
96	report to the Legislature by a specified date; amending s.
97	403.973, F.S.; removing the authority of the Office of
98	Tourism, Trade, and Economic Development to approve
99	expedited permitting and comprehensive plan amendments and
100	providing such authority to the Secretary of Environmental
101	Protection; revising criteria for businesses submitting
102	permit applications or local comprehensive plan
103	amendments; providing that permit applications and local
104	comprehensive plan amendments for specified biofuel and
105	renewable energy projects are eligible for the expedited
106	permitting process; providing for the establishment of
107	regional permit action teams through the execution of
108	memoranda of agreement developed by permit applicants and
109	the secretary; providing for the appeal of a local
110	government's approval of an expedited permit or
111	comprehensive plan amendment and requiring such appeals to
112	be consolidated with challenges to state agency actions;
113	specifying the form of the memoranda of agreement
114	developed by the secretary; revising the time by which
115	certain final orders must be issued; providing additional
116	requirements for recommended orders; providing for
117	challenges to state agency action related to expedited
118	permitting for specified renewable energy projects;
119	revising provisions relating to the review of sites
120	proposed for the location of facilities eligible for the
121	Innovation Incentive Program; specifying expedited review
122	eligibility for certain electrical power projects;
123	amending ss. 14.2015, 288.0655, and 380.06, F.S.;
124	conforming cross-references; amending s. 373.414, F.S.,
125	providing for satisfaction of certain mitigation
126	requirements for permits that provide conceptual approval
127	of the long-term build out or expansion of an airport
128	located within the Upper Kissimmee Planning Unit under
129	certain conditions; providing for the duration of such
130	permits; amending s. 373.185, F.S.; revising the
131	definition of Florida-friendly landscaping; deleting
132	references to "xeriscape"; requiring water management
133	districts to provide model Florida-friendly landscaping
134	ordinances to local governments; revising eligibility
135	criteria for certain water management district incentive
136	programs; requiring certain local government ordinances
137	and amendments to include certain design standards and
138	identify specified invasive exotic plant species;
139	requiring water management districts to consult with
140	additional entities for activities relating to Florida-
141	friendly landscaping practices; specifying programs for
142	the delivery of educational programs relating to such
143	practices; providing legislative findings; providing that
144	certain regulations prohibiting the implementation of
145	Florida-friendly landscaping or conflicting with
146	provisions governing the permitting of consumptive uses of
147	water are prohibited; providing construction; creating s.
148	373.187, F.S.; requiring water management districts to
149	implement Florida-friendly landscaping practices on
150	specified properties; requiring districts to develop
151	specified programs for implementing such practices;
152	amending s. 373.228, F.S.; requiring water management
153	districts to consider certain information in evaluating
154	water use applications from public water suppliers;
155	conforming provisions to changes made by the act; amending
156	s. 373.323, F.S.; revising application requirements for
157	water well contractor licensure; requiring applicants to
158	provide specified documentation; amending s. 373.333,
159	F.S.; authorizing an administrative fine to be imposed for
160	each occurrence of unlicensed well water contracting;
161	amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
162	388.291, 481.303, and 720.3075, F.S.; conforming
163	provisions to changes made by the act; revising provisions
164	requiring the use of Florida-friendly landscaping for
165	specified public properties and highway construction and
166	maintenance projects; amending s. 369.317, F.S.;
167	clarifying mitigation offsets in the Wekiva Study Area;
168	establishing a task force to develop recommendations
169	relating to stormwater management system design;
170	specifying study criteria; providing for task force
171	membership, meetings, and expiration; requiring the task
172	force to submit findings and legislative recommendations
173	to the Legislature by a specified date; amending s.
174	378.901, F.S.; conforming provisions to the redesignation
175	of the Bureau of Mine Reclamation as the Bureau of Mining
176	and Mineral Regulation; providing authority to the
177	Department of Environmental Protection to issue a life-of-
178	the-mine permit to operators of limerock mines; amending
179	s. 399.02, F.S.; exempting certain elevators from
180	provisions requiring modifications to heat sensors and
181	electronic controls; amending s. 399.15, F.S.; providing
182	an alternative method to allow regional emergency elevator
183	access; providing for a uniform lock box; providing for a
184	master key; providing the Division of State Fire Marshal
185	with enforcement authority; directing the Department of
186	Financial Services to select the provider of the uniform
187	lock box; amending s. 468.8311, F.S.; effective July 1,
188	2010, revising the term "home inspection services" to
189	include the visual examination of additional components;
190	amending s. 468.8312, F.S.; effective July 1, 2010,
191	providing for fee increases for home inspection licenses;
192	amending s. 468.8319, F.S.; effective July 1, 2010,
193	revising certain prohibitions with respect to providers of
194	home inspection services; amending s. 468.832, F.S.;
195	effective July 1, 2010, authorizing the Department of
196	Business and Professional Regulation to impose penalties
197	against a licensee found guilty of certain violations;
198	amending s. 468.8324, F.S.; providing additional
199	requirements for licensure as a home inspector; amending
200	s. 627.711, F.S., removing a testing requirement;
201	repealing s. 718.113(6), F.S., relating to requirements
202	for 5-year inspections of certain condominium
203	improvements; amending s. 553.37, F.S.; authorizing
204	manufacturers to pay inspection fees directly to the
205	provider of inspection services; providing rulemaking
206	authority to the Department of Community Affairs;
207	authorizing the department to enter into contracts for the
208	performance of certain administrative duties; revising
209	inspection requirements for certain custom manufactured
210	buildings; amending s. 553.375, F.S.; revising the
211	requirement for recertification of manufactured buildings
212	prior to relocation; amending s. 553.73, F.S.; authorizing
213	the Florida Building Commission to adopt amendments
214	relating to equivalency of standards; authorizing the
215	adoption of amendments necessary to accommodate state
216	agency rules to meet federal requirements for design
217	criteria relating to public educational facilities and
218	state-licensed facilities; exempting certain mausoleums
219	from the requirements of the Florida Building Code;
220	exempting certain temporary housing provided by the
221	Department of Corrections from the requirements of the
222	Florida Building Code; restricting the code or an code
223	enforcement agency from imposing requirements on certain
224	air conditioning systems; amending s. 553.76, F.S.;
225	authorizing the Florida Building Commission to adopt rules
226	related to consensus-building decisionmaking; amending s.
227	553.775, F.S.; authorizing the commission to charge a fee
228	for nonbinding interpretations; amending s. 553.79, F.S.;
229	requiring state agencies to contract for inspection
230	services under the alternative plans review and inspection
231	process or with a local governmental entity; amending s.
232	553.841, F.S.; deleting provisions requiring that the
233	Department of Community Affairs maintain, update, develop,
234	or cause to be developed a core curriculum for persons who
235	enforce the Florida Building Code; amending s. 553.842,
236	F.S.; authorizing rules requiring the payment of product
237	evaluation fees directly to the administrator of the
238	product evaluation and approval system; requiring that the
239	provider remit a portion of the fees to the department to
240	cover its costs; providing requirements for the approval
241	of applications for state approval of a product; providing
242	for certain approved products to be immediately added to
243	the list of state-approved products; requiring that the
244	commission's oversight committee review approved products;
245	revising the list of approved evaluation entities;
246	deleting obsolete provisions governing evaluation
247	entities; amending s. 553.844, F.S.; providing an
248	exemption from requirements from roof and opening
249	protections for certain exposed mechanical equipment or
250	appliances; providing a sunset provision; amending s.
251	553.885, F.S.; revising requirements for carbon monoxide
252	alarms; providing an exception for buildings undergoing
253	alterations or repairs; defining the term "addition";
254	amending s. 553.9061, F.S.; revising the energy-efficiency
255	performance options and elements identified by the
256	commission for purposes of meeting certain goals;
257	repealing ss. 468.627(6), 481.215(5), and 481.313(5),
258	F.S., relating to building code inspectors, renewal of the
259	license for architects, interior designers, and landscape
260	architects, respectively; amending ss. 471.0195, 489.115,
261	489.1455, 489.517, and 627.711, F.S., conforming
262	provisions relating to the deletion of core curriculum
263	courses relating to the Florida Building Code; reenacting
264	s. 553.80(1), F.S., relating to the enforcement of the
265	Florida Building Code, to incorporate the amendments made
266	to s. 553.79, F.S., in a reference thereto; amending s.
267	633.0215, F.S.; providing guidelines for the State Fire
268	Marshal to use in issuing an expedited declaratory
269	statement; requiring the State Fire Marshal to issue an
270	expedited declaratory statement under certain
271	circumstances; providing requirements for a petition
272	requesting an expedited declaratory statement; amending s.
273	633.026, F.S.; providing legislative intent; providing for
274	the establishment of the Fire Code Interpretation
275	Committee; providing for the membership of the committee
276	and requirements for membership; requiring that nonbinding
277	interpretations of the Florida Fire Prevention Code be
278	issued within a specified period after a request is
279	received; providing for the waiver of such requirement
280	under certain conditions; requiring the Division of State
281	Fire Marshal to charge a fee for nonbinding
282	interpretations; providing that fees may be paid directly
283	to a contract provider; providing requirements for
284	requesting a nonbinding interpretation; requiring the
285	Division of State Fire Marshal to develop a form for
286	submitting a petition for a nonbinding interpretation;
287	providing for a formal interpretation by the State Fire
288	Marshal; requiring that an interpretation of the Florida
289	Fire Prevention Code be published on the division's
290	website and the Florida Administrative Weekly; amending s.
291	633.081, F.S.; requiring the Division of State Fire
292	Marshal and the Florida Building Code Administrator and
293	Inspectors Board enter into a reciprocity agreement for
294	purposes of recertifying building code inspectors, plan
295	inspectors, building code administrators, and firesafety
296	inspectors; amending s. 633.352, F.S.; providing an
297	exception to requirements for recertification as a
298	firefighter; amending s. 633.521, F.S.; revising
299	requirements for certification as a fire protection system
300	contractor; revising the prerequisites for taking the
301	certification examination; authorizing the State Fire
302	Marshal to accept more than one source of professional
303	certification; revising legislative intent; amending s.
304	633.524, F.S.; authorizing the State Fire Marshal to enter
305	into contracts for examination services; providing for
306	direct payment of examination fees to contract providers;
307	amending s. 633.537, F.S.; revising the continuing
308	education requirements for certain permitholders; amending
309	633.72, F.S.; revising the terms of service for members of
310	the Fire Code Advisory Council; amending s. 553.509, F.S.,
311	deleting requirements for alternate power sources for
312	elevators for purposes of operating during an emergency;
313	directing the Florida Building Commission to conform
314	provisions of the Florida Building Code with revisions
315	made by the act relating to the operation of elevators;
316	providing an effective date.
317
318	Be It Enacted by the Legislature of the State of Florida:
319
320	Section 1.  (1)  Except as provided in subsection (4), and
321	in recognition of 2009 real estate market conditions, any permit
322	issued by the Department of Environmental Protection or a water
323	management district pursuant to part IV of chapter 373, Florida
324	Statutes, that has an expiration date of September 1, 2008,
325	through January 1, 2012, is extended and renewed for a period of
326	2 years following its date of expiration. This extension
327	includes any local government-issued development order or
328	building permit. The 2-year extension also applies to build out
329	dates including any build out date extension previously granted
330	under s. 380.06(19)(c), Florida Statutes. This section may not
331	be construed to prohibit conversion from the construction phase
332	to the operation phase upon completion of construction.
333	(2)  The commencement and completion dates for any required
334	mitigation associated with a phased construction project shall
335	be extended so that mitigation takes place in the same timeframe
336	relative to the phase as originally permitted.
337	(3)  The holder of a valid permit or other authorization
338	that is eligible for the 2-year extension shall notify the
339	authorizing agency in writing no later than December 31, 2009,
340	identifying the specific authorization for which the holder
341	intends to use the extension and anticipated timeframe for
342	acting on the authorization.
343	(4)  The extensions provided for in subsection (1) do not
344	apply to:
345	(a)  A permit or other authorization under any programmatic
346	or regional general permit issued by the Army Corps of
347	Engineers.
348	(b)  A permit or other authorization held by an owner or
349	operator determined to be in significant noncompliance with the
350	conditions of the permit or authorization as established through
351	the issuance of a warning letter or notice of violation, the
352	initiation of formal enforcement, or other equivalent action by
353	the authorizing agency.
354	(5)  Permits extended under this section shall continue to
355	be governed by rules in effect at the time the permit was
356	issued, except where it can be demonstrated that the rules in
357	effect at the time the permit was issued would create an
358	immediate threat to public safety or health. This section shall
359	apply to any modification of the plans, terms, and conditions of
360	the permit that lessens the environmental impact, except that
361	any such modification shall not extend the time limit beyond 2
362	additional years.
363	(6)  Nothing in this section shall impair the authority of
364	a county or municipality to require the owner of a property,
365	which has noticed the county or municipality that it intends to
366	receive the extension of time granted by this section, to
367	maintain and secure the property in a safe and sanitary
368	condition in compliance with applicable laws and ordinances.
369	Section 2.  Subsection (1) of section 120.569, Florida
370	Statutes, is amended to read:
371	120.569  Decisions which affect substantial interests.--
372	(1)  The provisions of this section apply in all
373	proceedings in which the substantial interests of a party are
374	determined by an agency, unless the parties are proceeding under
375	s. 120.573 or s. 120.574. Unless waived by all parties, s.
376	120.57(1) applies whenever the proceeding involves a disputed
377	issue of material fact. Unless otherwise agreed, s. 120.57(2)
378	applies in all other cases. If a disputed issue of material fact
379	arises during a proceeding under s. 120.57(2), then, unless
380	waived by all parties, the proceeding under s. 120.57(2) shall
381	be terminated and a proceeding under s. 120.57(1) shall be
382	conducted. Parties shall be notified of any order, including a
383	final order. Unless waived, a copy of the order shall be
384	delivered or mailed to each party or the party's attorney of
385	record at the address of record. Each notice shall inform the
386	recipient of any administrative hearing or judicial review that
387	is available under this section, s. 120.57, or s. 120.68; shall
388	indicate the procedure which must be followed to obtain the
389	hearing or judicial review; and shall state the time limits
390	which apply. Notwithstanding any other provision of law, notice
391	of the procedure to obtain an administrative hearing or judicial
392	review, including any items required by the uniform rules
393	adopted pursuant to s. 120.54(5), may be provided via a link to
394	a publicly available Internet site.
395	Section 3.  Subsection (1) of section 120.60, Florida
396	Statutes, is amended to read:
397	120.60  Licensing.--
398	(1)  Upon receipt of an application for a license, an
399	agency shall examine the application and, within 30 days after
400	such receipt, notify the applicant of any apparent errors or
401	omissions and request any additional information the agency is
402	permitted by law to require. If the applicant believes the
403	request for such additional information is not authorized by law
404	or agency rule, the agency, at the applicant's request, shall
405	proceed to process the permit application. An agency shall not
406	deny a license for failure to correct an error or omission or to
407	supply additional information unless the agency timely notified
408	the applicant within this 30-day period. An application shall be
409	considered complete upon receipt of all requested information
410	and correction of any error or omission for which the applicant
411	was timely notified or when the time for such notification has
412	expired. Every application for a license shall be approved or
413	denied within 90 days after receipt of a completed application
414	unless a shorter period of time for agency action is provided by
415	law. The 90-day time period shall be tolled by the initiation of
416	a proceeding under ss. 120.569 and 120.57. Any application for a
417	license that is not approved or denied within the 90-day or
418	shorter time period, within 15 days after conclusion of a public
419	hearing held on the application, or within 45 days after a
420	recommended order is submitted to the agency and the parties,
421	whichever action and timeframe is latest and applicable, is
422	considered approved unless the recommended order recommends that
423	the agency deny the license. Subject to the satisfactory
424	completion of an examination if required as a prerequisite to
425	licensure, any license that is considered approved shall be
426	issued and may include such reasonable conditions as are
427	authorized by law. Any applicant for licensure seeking to claim
428	licensure by default under this subsection shall notify the
429	agency clerk of the licensing agency, in writing, of the intent
430	to rely upon the default license provision of this subsection,
431	and shall not take any action based upon the default license
432	until after receipt of such notice by the agency clerk.
433	Section 4.  Section 125.022, Florida Statutes, is amended
434	to read:
435	125.022  Development permits.--When a county denies an
436	application for a development permit, the county shall give
437	written notice to the applicant. The notice must include a
438	citation to the applicable portions of an ordinance, rule,
439	statute, or other legal authority for the denial of the permit.
440	As used in this section, the term "development permit" has the
441	same meaning as in s. 163.3164. A county may not require as a
442	condition of approval for a development permit that an applicant
443	obtain a permit or approval from any other state or federal
444	agency. Issuance of a development permit by a county does not in
445	any way create any rights on the part of an applicant to obtain
446	a permit from another state or federal agency and does not
447	create any liability on the part of the county for issuance of
448	the permit in the event that an applicant fails to fulfill its
449	legal obligations to obtain requisite approvals or fulfill the
450	obligations imposed by other state or federal agencies. A county
451	may attach such a disclaimer to the issuance of development
452	permits and may include a permit condition that all other
453	applicable state or federal permits must be obtained prior to
454	development. This section shall not be construed to prohibit a
455	county from providing information to an applicant regarding what
456	other state or federal permits may be applicable.
457	Section 5.  Section 161.032, Florida Statutes, is created
458	to read:
459	161.032  Application review; request for additional
460	information.--
461	(1)  Within 30 days after receipt of an application for a
462	permit under this part, the department shall review the
463	application and shall request submission of any additional
464	information the department is permitted by law to require. If
465	the applicant believes a request for additional information is
466	not authorized by law or rule, the applicant may request a
467	hearing pursuant to s. 120.57. Within 30 days after receipt of
468	such additional information, the department shall review such
469	additional information and may request only that information
470	needed to clarify such additional information or to answer new
471	questions raised by or directly related to such additional
472	information. If the applicant believes the request for such
473	additional information by the department is not authorized by
474	law or rule, the department, at the applicant's request, shall
475	proceed to process the permit application.
476	(2)  Notwithstanding the provisions of s. 120.60, an
477	applicant for a permit under this part shall have 90 days after
478	the date of a timely request for additional information to
479	submit such information. If an applicant requires more than 90
480	days to respond to a request for additional information, the
481	applicant must notify the agency processing the permit
482	application in writing of the circumstances, at which time the
483	application shall be held in active status for no more than one
484	additional period of up to 90 days. Additional extensions may be
485	granted for good cause shown by the applicant. A showing that
486	the applicant is making a diligent effort to obtain the
487	requested additional information shall constitute good cause.
488	Failure of an applicant to provide the timely requested
489	information by the applicable deadline shall result in denial of
490	the application without prejudice.
491	Section 6.  Section 166.033, Florida Statutes, is amended
492	to read:
493	166.033  Development permits.--When a municipality denies
494	an application for a development permit, the municipality shall
495	give written notice to the applicant. The notice must include a
496	citation to the applicable portions of an ordinance, rule,
497	statute, or other legal authority for the denial of the permit.
498	As used in this section, the term "development permit" has the
499	same meaning as in s. 163.3164. A municipality may not require
500	as a condition of approval for a development permit that an
501	applicant obtain a permit or approval from any other state or
502	federal agency. Issuance of a development permit by a
503	municipality does not in any way create any right on the part of
504	an applicant to obtain a permit from another state or federal
505	agency and does not create any liability on the part of the
506	municipality for issuance of the permit in the event that an
507	applicant fails to fulfill its legal obligations to obtain
508	requisite approvals or fulfill the obligations imposed by other
509	state or federal agencies. A municipality may attach such a
510	disclaimer to the issuance of development permits and may
511	include a permit condition that all other applicable state or
512	federal permits must be obtained prior to development. This
513	section shall not be construed to prohibit a municipality from
514	providing information to an applicant regarding what other state
515	or federal permits may be applicable.
516	Section 7.  Subsection (13) of section 253.034, Florida
517	Statutes, is amended to read:
518	253.034  State-owned lands; uses.--
519	(13)  The deposition of dredged material on state-owned
520	submerged lands for the purpose of restoring previously dredged
521	holes to natural conditions shall be conducted in such a manner
522	as to maximize environmental benefits. In such cases, the
523	dredged material shall be placed in the dredge hole at an
524	elevation consistent with the surrounding area to allow light
525	penetration so as to maximize propagation of native vegetation.
526	When available dredged material is of insufficient quantity to
527	raise the entire dredge hole to prior natural elevations, then
528	placement shall be limited to a portion of the dredge hole where
529	elevations can be restored to natural elevations Notwithstanding
530	the provisions of this section, funds from the sale of property
531	by the Department of Highway Safety and Motor Vehicles located
532	in Palm Beach County are authorized to be deposited into the
533	Highway Safety Operating Trust Fund to facilitate the exchange
534	as provided in the General Appropriations Act, provided that at
535	the conclusion of both exchanges the values are equalized. This
536	subsection expires July 1, 2009.
537	Section 8.  Paragraph (e) of subsection (3) of section
538	258.42, Florida Statutes, is amended to read:
539	258.42  Maintenance of preserves.--The Board of Trustees of
540	the Internal Improvement Trust Fund shall maintain such aquatic
541	preserves subject to the following provisions:
542	(3)
543	(e)  There shall be no erection of structures within the
544	preserve, except:
545	1.  Private residential docks may be approved for
546	reasonable ingress or egress of riparian owners. Slips located
547	at private residential single-family docks that contain boat
548	lifts or davits which do not float in the water when loaded may
549	be roofed, but may not be in whole or in part enclosed with
550	walls, provided that the roof shall not overhang more that 1-
551	foot beyond the footprint of the boat lift. Such roofs shall not
552	be considered to be part of the square-footage calculations of
553	the terminal platform.
554	2.  Private residential multislip docks may be approved if
555	located within a reasonable distance of a publicly maintained
556	navigation channel, or a natural channel of adequate depth and
557	width to allow operation of the watercraft for which the docking
558	facility is designed without the craft having an adverse impact
559	on marine resources. The distance shall be determined in
560	accordance with criteria established by the trustees by rule,
561	based on a consideration of the depth of the water, nature and
562	condition of bottom, and presence of manatees.
563	3.  Commercial docking facilities shown to be consistent
564	with the use or management criteria of the preserve may be
565	approved if the facilities are located within a reasonable
566	distance of a publicly maintained navigation channel, or a
567	natural channel of adequate depth and width to allow operation
568	of the watercraft for which the docking facility is designed
569	without the craft having an adverse impact on marine resources.
570	The distance shall be determined in accordance with criteria
571	established by the trustees by rule, based on a consideration of
572	the depth of the water, nature and condition of bottom, and
573	presence of manatees.
574	4.  Structures for shore protection, including restoration
575	of seawalls at their previous location or upland of or within 18
576	inches waterward of their previous location, approved
577	navigational aids, or public utility crossings authorized under
578	paragraph (a) may be approved.
579
580	No structure under this paragraph or chapter 253 shall be
581	prohibited solely because the local government fails to adopt a
582	marina plan or other policies dealing with the siting of such
583	structures in its local comprehensive plan.
584	Section 9.  Subsection (10) is added to section 373.026,
585	Florida Statutes, to read:
586	373.026  General powers and duties of the department.--The
587	department, or its successor agency, shall be responsible for
588	the administration of this chapter at the state level. However,
589	it is the policy of the state that, to the greatest extent
590	possible, the department may enter into interagency or
591	interlocal agreements with any other state agency, any water
592	management district, or any local government conducting programs
593	related to or materially affecting the water resources of the
594	state. All such agreements shall be subject to the provisions of
595	s. 373.046. In addition to its other powers and duties, the
596	department shall, to the greatest extent possible:
597	(10)  Expand the use of Internet-based self-certification
598	services for appropriate exemptions and general permits issued
599	by the department and the water management districts, providing
600	such expansion is economically feasible. In addition to
601	expanding the use of Internet-based self-certification services
602	for appropriate exemptions and general permits, the department
603	and water management districts shall identify and develop
604	general permits for activities currently requiring individual
605	review that could be expedited through the use of professional
606	certification.
607	Section 10.  Paragraph (a) of subsection (4) of section
608	373.079, Florida Statutes, is amended to read:
609	373.079  Members of governing board; oath of office;
610	staff.--
611	(4)(a)  The governing board of the district is authorized
612	to employ an executive director, ombudsman, and such engineers,
613	other professional persons, and other personnel and assistants
614	as it deems necessary and under such terms and conditions as it
615	may determine and to terminate such employment. The appointment
616	of an executive director by the governing board is subject to
617	approval by the Governor and must be initially confirmed by the
618	Florida Senate. The governing board may delegate all or part of
619	its authority under this paragraph to the executive director.
620	However, the governing board shall delegate all of its authority
621	to take final action on permit applications under part II or
622	part IV, or petitions for variances or waivers of permitting
623	requirements under part II or part IV, except as provided under
624	ss. 373.083(5) and 373.118(4). This delegation shall not be
625	subject to the rulemaking requirements of chapter 120. The
626	executive director may execute such delegated authority through
627	designated staff members. The executive director must be
628	confirmed by the Senate upon employment and must be confirmed or
629	reconfirmed by the Senate during the second regular session of
630	the Legislature following a gubernatorial election.
631	Section 11.  Subsection (5) of section 373.083, Florida
632	Statutes, is amended to read:
633	373.083  General powers and duties of the governing
634	board.--In addition to other powers and duties allowed it by
635	law, the governing board is authorized to:
636	(5)  Execute any of the powers, duties, and functions
637	vested in the governing board through a member or members
638	thereof, the executive director, or other district staff as
639	designated by the governing board. The governing board may
640	establish the scope and terms of any delegation. However, if The
641	governing board shall delegate to the executive director
642	delegates the authority to take final action on permit
643	applications under part II or part IV, or petitions for
644	variances or waivers of permitting requirements under part II or
645	part IV, and the executive director may execute such delegated
646	authority through designated staff. Such delegation shall not be
647	subject to the rulemaking requirements of chapter 120. However,
648	the governing board shall provide a process for referring any
649	denial of such application or petition to the governing board to
650	take final action. Such process shall expressly prohibit any
651	member of a governing board from intervening in the review of an
652	application prior to the application being referred to the
653	governing board for final action. The authority in this
654	subsection is supplemental to any other provision of this
655	chapter granting authority to the governing board to delegate
656	specific powers, duties, or functions.
657	Section 12.  Subsection (4) of section 373.118, Florida
658	Statutes, is amended to read:
659	373.118  General permits; delegation.--
660	(4)  To provide for greater efficiency, the governing board
661	shall may delegate by rule its powers and duties pertaining to
662	general permits to the executive director and such delegation
663	shall not be subject to the rulemaking requirements of chapter
664	120. The executive director may execute such delegated authority
665	through designated staff. However, when delegating the authority
666	to take final action on permit applications under part II or
667	part IV or petitions for variances or waivers of permitting
668	requirements under part II or part IV, the governing board shall
669	provide a process for referring any denial of such application
670	or petition to the governing board to take such final action.
671	Section 13.  Subsections (6) and (7) are added to section
672	373.236, Florida Statutes, to read:
673	373.236  Duration of permits; compliance reports.--
674	(6)(a)  The Legislature finds that the need for alternative
675	water supply development projects to meet anticipated public
676	water supply demands of the state is such that it is essential
677	to encourage participation in and contribution to such projects
678	by private rural landowners who characteristically have
679	relatively modest near-term water demands but substantially
680	increasing demands after the 20-year planning period provided in
681	s. 373.0361. Therefore, where such landowners make extraordinary
682	contributions of lands or construction funding to enable the
683	expeditious implementation of such projects, water management
684	districts and the department are authorized to grant permits for
685	such projects for a period of up to 50 years to municipalities,
686	counties, special districts, regional water supply authorities,
687	multijurisdictional water supply entities, and publicly or
688	privately owned utilities created for or by the private
689	landowners on or before April 1, 2009, which have entered into
690	an agreement with the private landowner for the purposes of more
691	efficiently pursuing alternative public water supply development
692	projects identified in a district's regional water supply plan
693	and meeting water demands of both the applicant and the
694	landowner.
695	(b)  Any permit granted pursuant to paragraph (a) shall be
696	granted only for that period of time for which there is
697	sufficient data to provide reasonable assurance that the
698	conditions for permit issuance will be met. Such a permit shall
699	require a compliance report by the permittee every 5 years
700	during the term of the permit. The report shall contain
701	sufficient data to maintain reasonable assurance that the
702	conditions for permit issuance applicable at the time of
703	district review of the compliance report are met. Following
704	review of the report, the governing board or the department may
705	modify the permit to ensure that the use meets the conditions
706	for issuance. This subsection shall not limit the existing
707	authority of the department or the governing board to modify or
708	revoke a consumptive use permit.
709	(7)  A permit that is approved for the use of water for a
710	renewable energy generating facility or for cultivating
711	agricultural products on lands of 1,000 acres or more for
712	renewable energy, as defined in s. 366.91(2)(d), shall be
713	granted for a term of at least 25 years upon the applicant's
714	request, based on the anticipated life of the facility, if there
715	is sufficient data to provide reasonable assurance that the
716	conditions for permit issuance will be met for the duration of
717	the permit. Otherwise, a permit may be issued for a shorter
718	duration that reflects the longest period for which such
719	reasonable assurances are provided. The permittee shall provide
720	a compliance report every 5 years during the term of the permit,
721	as required in subsection (4).
722	Section 14.  Subsection (4) of section 373.243, Florida
723	Statutes, is amended to read:
724	373.243  Revocation of permits.--The governing board or the
725	department may revoke a permit as follows:
726	(4)  For nonuse of the water supply allowed by the permit
727	for a period of 2 years or more, the governing board or the
728	department may revoke the permit permanently and in whole unless
729	the user can prove that his or her nonuse was due to extreme
730	hardship caused by factors beyond the user's control. For a
731	permit having a duration determined under s. 373.236(7), the
732	governing board or the department has revocation authority only
733	if the nonuse of the water supply allowed by the permit is for a
734	period of 4 years or more.
735	Section 15.  Subsection (12) is added to section 373.406,
736	Florida Statutes, to read:
737	373.406  Exemptions.--The following exemptions shall apply:
738	(12)(a)  Construction of public use facilities in
739	accordance with Federal or state grant-approved projects on
740	county-owned natural lands or natural areas held by a county
741	under at least a 25-year lease. Such facilities may include a
742	parking lot, including an access road, not to exceed a total
743	size of 0.7 acres that is located entirely in uplands; at-grade
744	access trails located entirely in uplands; pile-supported
745	boardwalks having a maximum width of 6 feet, with exceptions for
746	ADA compliance; and pile-supported observation platforms each of
747	which shall not exceed 120 square feet in size.
748	(b)  No fill shall be placed in, on, or over wetlands or
749	other surface waters except pilings for boardwalks and
750	observation platforms, all of which structures located in, on,
751	or over wetlands and other surface waters shall be sited,
752	constructed, and elevated to minimize adverse impacts to native
753	vegetation and shall be limited to a combined area over wetlands
754	and other surface waters not to exceed 0.5 acres. All stormwater
755	flow from roads, parking areas, and trails shall sheet flow into
756	uplands, and the use of pervious pavement is encouraged.
757	Section 16.  Section 373.1181, Florida Statutes, is created
758	to read:
759	373.1181  Noticed general permit to counties for
760	environmental restoration activities.--
761	(1)  A general permit is granted to counties to construct,
762	operate, alter, maintain, or remove systems for the purposes of
763	environmental restoration or water quality improvements, subject
764	to the limitations and conditions of this section.
765	(2)  The following restoration activities are authorized by
766	this general permit:
767	(a)  Backfilling of existing agricultural or drainage
768	ditches, without piping, for the sole purpose of restoring a
769	more natural hydroperiod to publicly owned lands, provided that
770	offsite properties are not adversely affected.
771	(b)  Placement of riprap within 15 feet waterward of the
772	mean or ordinary high-water line for the purpose of preventing
773	or abating erosion of a predominantly natural shoreline,
774	provided that mangrove, seagrass, coral, sponge, and other
775	protected fresh water or marine communities are not adversely
776	affected.
777	(c)  Placement of riprap within 10 feet waterward of an
778	existing seawall or bulkhead and backfilling of the area between
779	the riprap and seawall or bulkhead with clean fill to an
780	intertidal elevation for the sole purpose of planting native
781	wetland vegetation provided that seagrass, coral, sponge, and
782	other protected fresh water or marine communities are not
783	adversely affected and all vegetation is obtained from an upland
784	nursery or from permitted donor locations.
785	(d)  Scrape down of spoil islands to an intertidal
786	elevation or a lower elevation at which light penetration is
787	expected to allow for seagrass or other native submerged aquatic
788	vegetation recruitment.
789	(e)  Backfilling of existing dredge holes that are at least
790	5 feet deeper than surrounding natural grades to an intertidal
791	elevation if doing so provides a regional net environmental
792	benefit or, at a minimum, to an elevation at which light
793	penetration is expected to allow for seagrass recruitment, with
794	no more than minimum displacement of highly organic sediments.
795	(f)  Placement of rock riprap or clean concrete in existing
796	dredge holes that are at least 5 feet deeper than surrounding
797	natural grades, provided that placed rock or concrete does not
798	protrude above surrounding natural grades.
799	(3)  In order to qualify for this general permit, the
800	activity must comply with the following requirements:
801	(a)  The project must be included in a management plan that
802	has been the subject of at least one public workshop.
803	(b)  The county commission must conduct at least one public
804	hearing within 1 year before project initiation.
805	(c)  The project may not be considered as mitigation for
806	any other project.
807	(d)  Activities in tidal waters are limited to those
808	waterbodies given priority restoration status pursuant to s.
809	373.453(1)(c).
810	(e)  Prior to submittal of a notice to use this general
811	permit, the county shall conduct at least one preapplication
812	meeting with appropriate district or department staff to discuss
813	project designs, implementation details, resource concerns, and
814	conditions for meeting applicable state water quality standards.
815	(4)  This general permit shall be subject to the following
816	specific conditions:
817	(a)  A project under this general permit shall not
818	significantly impede navigation or unreasonably infringe upon
819	the riparian rights of others. When a court of competent
820	jurisdiction determines that riparian rights have been
821	unlawfully affected, the structure or activity shall be modified
822	in accordance with the court's decision.
823	(b)  All erodible surfaces, including intertidal slopes
824	shall be revegetated with appropriate native plantings within 72
825	hours after completion of construction.
826	(c)  Riprap material shall be clean limestone, granite, or
827	other native rock measuring 1 foot to 3 feet in diameter.
828	(d)  Except as otherwise allowed under this general permit
829	fill material used to backfill dredge holes or seawall planter
830	areas shall be local, native material legally removed from
831	nearby submerged lands or shall be similar material brought to
832	the site, either of which shall comply with the standard of not
833	more than 10 percent of the material passing through a #200
834	standard sieve and containing no more than 10 percent organic
835	content, and is free of contaminants that will cause violations
836	of state water quality standards.
837	(e)  Turbidity shall be monitored and controlled at all
838	times such that turbidity immediately outside the project area
839	complies with rules 62-302 and 62-4.242, Florida Administrative
840	Code.
841	(f)  Equipment, barges, and staging areas shall not be
842	stored or operated so as to adversely impact seagrass, coral,
843	sponge, or other protected freshwater or marine communities.
844	(g)  Structures shall be maintained in a functional
845	condition and shall be repaired or removed if they become
846	dilapidated to such an extent that they are no longer
847	functional. This shall not be construed to prohibit the repair
848	or replacement subject to the provisions of rule 18-21.005,
849	Florida Administrative Code, within 1 year after a structure is
850	damaged in a discrete event such as a storm, flood, accident, or
851	fire.
852	(h)  All work under this general permit shall be conducted
853	in conformance with the general conditions of rule 62-341.215,
854	Florida Administrative Code.
855	(i)  Construction, use, or operation of the structure or
856	activity shall not adversely affect any species that is
857	endangered, threatened or of special concern, as listed in rules
858	68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
859	Code.
860	(j)  The activity may not adversely impact vessels or
861	structures of archaeological or historical value relating to the
862	history, government, and culture of the state which are defined
863	as historic properties in s. 267.021.
864	(5)  The district or department, as applicable, shall
865	provide written notification as to whether the proposed activity
866	qualifies for the general permit within 30 days after receipt of
867	written notice of a county's intent to use the general permit.
868	If the district or department notifies the county that the
869	system does not qualify for a noticed general permit due to an
870	error or omission in the original notice to the district or the
871	department, the county shall have 30 days from the date of the
872	notification to amend the notice to use the general permit and
873	submit such additional information to correct such error or
874	omission.
875	(6)  This general permit constitutes a letter of consent by
876	the Board of Trustees of the Internal Improvement Trust Fund
877	under chapters 253 and 258, where applicable, and chapters 18-
878	18, 18-20, and 18-21, Florida Administrative Code, where
879	applicable, for the county to enter upon and use state-owned
880	submerged lands to the extent necessary to complete the
881	activities. Activities conducted under this general permit do
882	not divest the state from the continued ownership of lands that
883	were state-owned lands prior to any use, construction, or
884	implementation of this general permit.
885	Section 17.  Subsection (2) of section 373.4141, Florida
886	Statutes, is amended to read:
887	373.4141  Permits; processing.--
888	(2)  Notwithstanding the provisions of s. 120.60, an
889	applicant for a permit under this part shall have 90 days after
890	the date of a timely request for additional information to
891	submit such information. If an applicant requires more than 90
892	days to respond to a request for additional information, the
893	applicant must notify the agency processing the permit
894	application in writing of the circumstances, at which time the
895	application shall be held in active status for no more than one
896	additional period of up to 90 days. Additional extensions may be
897	granted for good cause shown by the applicant. A showing that
898	the applicant is making a diligent effort to obtain the
899	requested additional information shall constitute good cause.
900	Failure of an applicant to provide the timely requested
901	information by the applicable deadline shall result in denial of
902	the application without prejudice A permit shall be approved or
903	denied within 90 days after receipt of the original application,
904	the last item of timely requested additional material, or the
905	applicant's written request to begin processing the permit
906	application.
907	Section 18.  Subsection (4) is added to section 373.441,
908	Florida Statutes, to read:
909	373.441  Role of counties, municipalities, and local
910	pollution control programs in permit processing.--
911	(4)  Upon delegation to a qualified local government, the
912	department and water management district shall not regulate the
913	activities subject to the delegation within that jurisdiction
914	unless regulation is required pursuant to the terms of the
915	delegation agreement.
916	Section 19.  Subsection (29) of section 403.061, Florida
917	Statutes, is amended, subsection (40) is renumbered as section
918	(43), and new subsections (40), (41), and (42) are added to that
919	section, to read:
920	403.061  Department; powers and duties.--The department
921	shall have the power and the duty to control and prohibit
922	pollution of air and water in accordance with the law and rules
923	adopted and promulgated by it and, for this purpose, to:
924	(29)  Adopt by rule special criteria to protect Class II
925	shellfish harvesting waters. Rules previously adopted by the
926	department in rule 17-4.28(8)(a), Florida Administrative Code,
927	are hereby ratified and determined to be a valid exercise of
928	delegated legislative authority and shall remain in effect
929	unless amended by the Environmental Regulation Commission. Such
930	rules may include special criteria for approval of docking
931	facilities with 10 or fewer slips where construction and
932	operation of such facilities will not result in the closure of
933	shellfish waters.
934	(40)  Maintain a list of projects or activities, including
935	mitigation banks, that applicants may consider when developing
936	proposals to meet the mitigation or public interest requirements
937	of this chapter, chapter 253, or chapter 373. The contents of
938	such a list are not a rule as defined in chapter 120, and
939	listing a specific project or activity does not imply approval
940	by the department for such project or activity. Each county
941	government is encouraged to develop an inventory of projects or
942	activities for inclusion on the list by obtaining input from
943	local stakeholder groups in the public, private, and nonprofit
944	sectors, including local governments, port authorities, marine
945	contractors, other representatives of the marine construction
946	industry, environmental or conservation organizations, and other
947	interested parties. A county may establish dedicated funds for
948	depositing public interest donations into a reserve for future
949	public interest projects, including improving on-water law
950	enforcement.
951	(41)  Develop a project management plan to implement an e-
952	permitting program that allows for timely submission and
953	exchange of permit application and compliance information that
954	yields positive benefits in support of the department's mission,
955	permit applicants, permitholders, and the public. The plan shall
956	include an implementation timetable, estimated costs, and
957	transaction fees. The department shall submit the plan to the
958	President of the Senate, the Speaker of the House of
959	Representatives, and the Legislative Committee on
960	Intergovernmental Relations by January 15, 2010.
961	(42)  Expand the use of online self-certification for
962	appropriate exemptions and general permits issued by the
963	department and the water management districts providing such
964	expansion is economically feasible. Notwithstanding any other
965	provision of law, a local government is prohibited from
966	specifying the method or form of documentation that a project
967	meets the provisions for authorization under chapter 161,
968	chapter 253, chapter 373, or chapter 403. This shall include
969	Internet-based programs of the department that provide for self-
970	certification.
971
972	The department shall implement such programs in conjunction with
973	its other powers and duties and shall place special emphasis on
974	reducing and eliminating contamination that presents a threat to
975	humans, animals or plants, or to the environment.
976	Section 20.  Subsections (1) and (2) of section 403.813,
977	Florida Statutes, as amended by section 52 of chapter 2009-21,
978	Laws of Florida, are amended to read:
979	403.813  Permits issued at district centers; exceptions.--
980	(1)  A permit is not required under this chapter, chapter
981	373, chapter 61-691, Laws of Florida, or chapter 25214 or
982	chapter 25270, 1949, Laws of Florida, for activities associated
983	with the following types of projects; however, except as
984	otherwise provided in this subsection, nothing in this
985	subsection does not relieve relieves an applicant from any
986	requirement to obtain permission to use or occupy lands owned by
987	the Board of Trustees of the Internal Improvement Trust Fund or
988	any water management district in its governmental or proprietary
989	capacity or from complying with applicable local pollution
990	control programs authorized under this chapter or other
991	requirements of county and municipal governments:
992	(a)  The installation of overhead transmission lines, with
993	support structures which are not constructed in waters of the
994	state and which do not create a navigational hazard.
995	(b)  The installation and repair of mooring pilings and
996	dolphins associated with private docking facilities or piers and
997	the installation of private docks, piers and recreational
998	docking facilities, or piers and recreational docking facilities
999	of local governmental entities when the local governmental
1000	entity's activities will not take place in any manatee habitat,
1001	any of which docks:
1002	1.  Has 500 square feet or less of over-water surface area
1003	for a dock which is located in an area designated as Outstanding
1004	Florida Waters or 1,000 square feet or less of over-water
1005	surface area for a dock which is located in an area which is not
1006	designated as Outstanding Florida Waters;
1007	2.  Is constructed on or held in place by pilings or is a
1008	floating dock which is constructed so as not to involve filling
1009	or dredging other than that necessary to install the pilings;
1010	3.  Shall not substantially impede the flow of water or
1011	create a navigational hazard;
1012	4.  Is used for recreational, noncommercial activities
1013	associated with the mooring or storage of boats and boat
1014	paraphernalia; and
1015	5.  Is the sole dock constructed pursuant to this exemption
1016	as measured along the shoreline for a distance of 65 feet,
1017	unless the parcel of land or individual lot as platted is less
1018	than 65 feet in length along the shoreline, in which case there
1019	may be one exempt dock allowed per parcel or lot.
1020
1021	Nothing in this paragraph shall prohibit the department from
1022	taking appropriate enforcement action pursuant to this chapter
1023	to abate or prohibit any activity otherwise exempt from
1024	permitting pursuant to this paragraph if the department can
1025	demonstrate that the exempted activity has caused water
1026	pollution in violation of this chapter.
1027	(c)  The installation and maintenance to design
1028	specifications of boat ramps on artificial bodies of water where
1029	navigational access to the proposed ramp exists or the
1030	installation of boat ramps open to the public in any waters of
1031	the state where navigational access to the proposed ramp exists
1032	and where the construction of the proposed ramp will be less
1033	than 30 feet wide and will involve the removal of less than 25
1034	cubic yards of material from the waters of the state, and the
1035	maintenance to design specifications of such ramps; however, the
1036	material to be removed shall be placed upon a self-contained
1037	upland site so as to prevent the escape of the spoil material
1038	into the waters of the state.
1039	(d)  The replacement or repair of existing docks and piers,
1040	except that no fill material is to be used and provided that the
1041	replacement or repaired dock or pier is in the same location and
1042	of the same configuration and dimensions as the dock or pier
1043	being replaced or repaired. This does not preclude the use of
1044	different construction materials or minor deviations to allow
1045	upgrades to current structural and design standards.
1046	(e)  The restoration of seawalls at their previous
1047	locations or upland of, or within 1 foot waterward of, their
1048	previous locations. However, this shall not affect the
1049	permitting requirements of chapter 161, and department rules
1050	shall clearly indicate that this exception does not constitute
1051	an exception from the permitting requirements of chapter 161.
1052	(f)  The performance of maintenance dredging of existing
1053	manmade canals, channels, intake and discharge structures, and
1054	previously dredged portions of natural water bodies within
1055	drainage rights-of-way or drainage easements which have been
1056	recorded in the public records of the county, where the spoil
1057	material is to be removed and deposited on a self-contained,
1058	upland spoil site which will prevent the escape of the spoil
1059	material into the waters of the state, provided that no more
1060	dredging is to be performed than is necessary to restore the
1061	canals, channels, and intake and discharge structures, and
1062	previously dredged portions of natural water bodies, to original
1063	design specifications or configurations, provided that the work
1064	is conducted in compliance with s. 379.2431(2)(d), provided that
1065	no significant impacts occur to previously undisturbed natural
1066	areas, and provided that control devices for return flow and
1067	best management practices for erosion and sediment control are
1068	utilized to prevent bank erosion and scouring and to prevent
1069	turbidity, dredged material, and toxic or deleterious substances
1070	from discharging into adjacent waters during maintenance
1071	dredging. Further, for maintenance dredging of previously
1072	dredged portions of natural water bodies within recorded
1073	drainage rights-of-way or drainage easements, an entity that
1074	seeks an exemption must notify the department or water
1075	management district, as applicable, at least 30 days prior to
1076	dredging and provide documentation of original design
1077	specifications or configurations where such exist. This
1078	exemption applies to all canals and previously dredged portions
1079	of natural water bodies within recorded drainage rights-of-way
1080	or drainage easements constructed prior to April 3, 1970, and to
1081	those canals and previously dredged portions of natural water
1082	bodies constructed on or after April 3, 1970, pursuant to all
1083	necessary state permits. This exemption does not apply to the
1084	removal of a natural or manmade barrier separating a canal or
1085	canal system from adjacent waters. When no previous permit has
1086	been issued by the Board of Trustees of the Internal Improvement
1087	Trust Fund or the United States Army Corps of Engineers for
1088	construction or maintenance dredging of the existing manmade
1089	canal or intake or discharge structure, such maintenance
1090	dredging shall be limited to a depth of no more than 5 feet
1091	below mean low water. The Board of Trustees of the Internal
1092	Improvement Trust Fund may fix and recover from the permittee an
1093	amount equal to the difference between the fair market value and
1094	the actual cost of the maintenance dredging for material removed
1095	during such maintenance dredging. However, no charge shall be
1096	exacted by the state for material removed during such
1097	maintenance dredging by a public port authority. The removing
1098	party may subsequently sell such material; however, proceeds
1099	from such sale that exceed the costs of maintenance dredging
1100	shall be remitted to the state and deposited in the Internal
1101	Improvement Trust Fund.
1102	(g)  The maintenance of existing insect control structures,
1103	dikes, and irrigation and drainage ditches, provided that spoil
1104	material is deposited on a self-contained, upland spoil site
1105	which will prevent the escape of the spoil material into waters
1106	of the state. In the case of insect control structures, if the
1107	cost of using a self-contained upland spoil site is so
1108	excessive, as determined by the Department of Health, pursuant
1109	to s. 403.088(1), that it will inhibit proposed insect control,
1110	then-existing spoil sites or dikes may be used, upon
1111	notification to the department. In the case of insect control
1112	where upland spoil sites are not used pursuant to this
1113	exemption, turbidity control devices shall be used to confine
1114	the spoil material discharge to that area previously disturbed
1115	when the receiving body of water is used as a potable water
1116	supply, is designated as shellfish harvesting waters, or
1117	functions as a habitat for commercially or recreationally
1118	important shellfish or finfish. In all cases, no more dredging
1119	is to be performed than is necessary to restore the dike or
1120	irrigation or drainage ditch to its original design
1121	specifications.
1122	(h)  The repair or replacement of existing functional pipes
1123	or culverts the purpose of which is the discharge or conveyance
1124	of stormwater. In all cases, the invert elevation, the diameter,
1125	and the length of the culvert shall not be changed. However, the
1126	material used for the culvert may be different from the
1127	original.
1128	(i)  The construction of private docks of 1,000 square feet
1129	or less of over-water surface area and seawalls in artificially
1130	created waterways where such construction will not violate
1131	existing water quality standards, impede navigation, or affect
1132	flood control. This exemption does not apply to the construction
1133	of vertical seawalls in estuaries or lagoons unless the proposed
1134	construction is within an existing manmade canal where the
1135	shoreline is currently occupied in whole or part by vertical
1136	seawalls.
1137	(j)  The construction and maintenance of swales.
1138	(k)  The installation of aids to navigation and buoys
1139	associated with such aids, provided the devices are marked
1140	pursuant to s. 327.40.
1141	(l)  The replacement or repair of existing open-trestle
1142	foot bridges and vehicular bridges that are 100 feet or less in
1143	length and two lanes or less in width, provided that no more
1144	dredging or filling of submerged lands is performed other than
1145	that which is necessary to replace or repair pilings and that
1146	the structure to be replaced or repaired is the same length, the
1147	same configuration, and in the same location as the original
1148	bridge. No debris from the original bridge shall be allowed to
1149	remain in the waters of the state.
1150	(m)  The installation of subaqueous transmission and
1151	distribution lines laid on, or embedded in, the bottoms of
1152	waters in the state, except in Class I and Class II waters and
1153	aquatic preserves, provided no dredging or filling is necessary.
1154	(n)  The replacement or repair of subaqueous transmission
1155	and distribution lines laid on, or embedded in, the bottoms of
1156	waters of the state.
1157	(o)  The construction of private seawalls in wetlands or
1158	other surface waters where such construction is between and
1159	adjoins at both ends existing seawalls; follows a continuous and
1160	uniform seawall construction line with the existing seawalls; is
1161	no more than 150 feet in length; and does not violate existing
1162	water quality standards, impede navigation, or affect flood
1163	control. However, in estuaries and lagoons the construction of
1164	vertical seawalls is limited to the circumstances and purposes
1165	stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
1166	the permitting requirements of chapter 161, and department rules
1167	must clearly indicate that this exception does not constitute an
1168	exception from the permitting requirements of chapter 161.
1169	(p)  The restoration of existing insect control impoundment
1170	dikes which are less than 100 feet in length. Such impoundments
1171	shall be connected to tidally influenced waters for 6 months
1172	each year beginning September 1 and ending February 28 if
1173	feasible or operated in accordance with an impoundment
1174	management plan approved by the department. A dike restoration
1175	may involve no more dredging than is necessary to restore the
1176	dike to its original design specifications. For the purposes of
1177	this paragraph, restoration does not include maintenance of
1178	impoundment dikes of operating insect control impoundments.
1179	(q)  The construction, operation, or maintenance of
1180	stormwater management facilities which are designed to serve
1181	single-family residential projects, including duplexes,
1182	triplexes, and quadruplexes, if they are less than 10 acres
1183	total land and have less than 2 acres of impervious surface and
1184	if the facilities:
1185	1.  Comply with all regulations or ordinances applicable to
1186	stormwater management and adopted by a city or county;
1187	2.  Are not part of a larger common plan of development or
1188	sale; and
1189	3.  Discharge into a stormwater discharge facility exempted
1190	or permitted by the department under this chapter which has
1191	sufficient capacity and treatment capability as specified in
1192	this chapter and is owned, maintained, or operated by a city,
1193	county, special district with drainage responsibility, or water
1194	management district; however, this exemption does not authorize
1195	discharge to a facility without the facility owner's prior
1196	written consent.
1197	(r)  The removal of aquatic plants, the removal of
1198	tussocks, the associated replanting of indigenous aquatic
1199	plants, and the associated removal from lakes of organic
1200	detrital material when such planting or removal is performed and
1201	authorized by permit or exemption granted under s. 369.20 or s.
1202	369.25, provided that:
1203	1.  Organic detrital material that exists on the surface of
1204	natural mineral substrate shall be allowed to be removed to a
1205	depth of 3 feet or to the natural mineral substrate, whichever
1206	is less;
1207	2.  All material removed pursuant to this paragraph shall
1208	be deposited in an upland site in a manner that will prevent the
1209	reintroduction of the material into waters in the state except
1210	when spoil material is permitted to be used to create wildlife
1211	islands in freshwater bodies of the state when a governmental
1212	entity is permitted pursuant to s. 369.20 to create such islands
1213	as a part of a restoration or enhancement project;
1214	3.  All activities are performed in a manner consistent
1215	with state water quality standards; and
1216	4.  No activities under this exemption are conducted in
1217	wetland areas, as defined by s. 373.019(25), which are supported
1218	by a natural soil as shown in applicable United States
1219	Department of Agriculture county soil surveys, except when a
1220	governmental entity is permitted pursuant to s. 369.20 to
1221	conduct such activities as a part of a restoration or
1222	enhancement project.
1223
1224	The department may not adopt implementing rules for this
1225	paragraph, notwithstanding any other provision of law.
1226	(s)  The construction, installation, operation, or
1227	maintenance of floating vessel platforms or floating boat lifts,
1228	provided that such structures:
1229	1.  Float at all times in the water for the sole purpose of
1230	supporting a vessel so that the vessel is out of the water when
1231	not in use;
1232	2.  Are wholly contained within a boat slip previously
1233	permitted under ss. 403.91-403.929, 1984 Supplement to the
1234	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1235	do not exceed a combined total of 500 square feet, or 200 square
1236	feet in an Outstanding Florida Water, when associated with a
1237	dock that is exempt under this subsection or associated with a
1238	permitted dock with no defined boat slip or attached to a
1239	bulkhead on a parcel of land where there is no other docking
1240	structure;
1241	3.  Are not used for any commercial purpose or for mooring
1242	vessels that remain in the water when not in use, and do not
1243	substantially impede the flow of water, create a navigational
1244	hazard, or unreasonably infringe upon the riparian rights of
1245	adjacent property owners, as defined in s. 253.141;
1246	4.  Are constructed and used so as to minimize adverse
1247	impacts to submerged lands, wetlands, shellfish areas, aquatic
1248	plant and animal species, and other biological communities,
1249	including locating such structures in areas where seagrasses are
1250	least dense adjacent to the dock or bulkhead; and
1251	5.  Are not constructed in areas specifically prohibited
1252	for boat mooring under conditions of a permit issued in
1253	accordance with ss. 403.91-403.929, 1984 Supplement to the
1254	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1255	other form of authorization issued by a local government.
1256
1257	Structures that qualify for this exemption are relieved from any
1258	requirement to obtain permission to use or occupy lands owned by
1259	the Board of Trustees of the Internal Improvement Trust Fund
1260	and, with the exception of those structures attached to a
1261	bulkhead on a parcel of land where there is no docking
1262	structure, shall not be subject to any more stringent permitting
1263	requirements, registration requirements, or other regulation by
1264	any local government. Local governments may require either
1265	permitting or one-time registration of floating vessel platforms
1266	to be attached to a bulkhead on a parcel of land where there is
1267	no other docking structure as necessary to ensure compliance
1268	with local ordinances, codes, or regulations. Local governments
1269	may require either permitting or one-time registration of all
1270	other floating vessel platforms as necessary to ensure
1271	compliance with the exemption criteria in this section; to
1272	ensure compliance with local ordinances, codes, or regulations
1273	relating to building or zoning, which are no more stringent than
1274	the exemption criteria in this section or address subjects other
1275	than subjects addressed by the exemption criteria in this
1276	section; and to ensure proper installation, maintenance, and
1277	precautionary or evacuation action following a tropical storm or
1278	hurricane watch of a floating vessel platform or floating boat
1279	lift that is proposed to be attached to a bulkhead or parcel of
1280	land where there is no other docking structure. The exemption
1281	provided in this paragraph shall be in addition to the exemption
1282	provided in paragraph (b). The department shall adopt a general
1283	permit by rule for the construction, installation, operation, or
1284	maintenance of those floating vessel platforms or floating boat
1285	lifts that do not qualify for the exemption provided in this
1286	paragraph but do not cause significant adverse impacts to occur
1287	individually or cumulatively. The issuance of such general
1288	permit shall also constitute permission to use or occupy lands
1289	owned by the Board of Trustees of the Internal Improvement Trust
1290	Fund. No local government shall impose a more stringent
1291	regulation, permitting requirement, registration requirement, or
1292	other regulation covered by such general permit. Local
1293	governments may require either permitting or one-time
1294	registration of floating vessel platforms as necessary to ensure
1295	compliance with the general permit in this section; to ensure
1296	compliance with local ordinances, codes, or regulations relating
1297	to building or zoning that are no more stringent than the
1298	general permit in this section; and to ensure proper
1299	installation and maintenance of a floating vessel platform or
1300	floating boat lift that is proposed to be attached to a bulkhead
1301	or parcel of land where there is no other docking structure.
1302	(t)  The repair, stabilization, or paving of existing
1303	county maintained roads and the repair or replacement of bridges
1304	that are part of the roadway, within the Northwest Florida Water
1305	Management District and the Suwannee River Water Management
1306	District, provided:
1307	1.  The road and associated bridge were in existence and in
1308	use as a public road or bridge, and were maintained by the
1309	county as a public road or bridge on or before January 1, 2002;
1310	2.  The construction activity does not realign the road or
1311	expand the number of existing traffic lanes of the existing
1312	road; however, the work may include the provision of safety
1313	shoulders, clearance of vegetation, and other work reasonably
1314	necessary to repair, stabilize, pave, or repave the road,
1315	provided that the work is constructed by generally accepted
1316	engineering standards;
1317	3.  The construction activity does not expand the existing
1318	width of an existing vehicular bridge in excess of that
1319	reasonably necessary to properly connect the bridge with the
1320	road being repaired, stabilized, paved, or repaved to safely
1321	accommodate the traffic expected on the road, which may include
1322	expanding the width of the bridge to match the existing
1323	connected road. However, no debris from the original bridge
1324	shall be allowed to remain in waters of the state, including
1325	wetlands;
1326	4.  Best management practices for erosion control shall be
1327	employed as necessary to prevent water quality violations;
1328	5.  Roadside swales or other effective means of stormwater
1329	treatment must be incorporated as part of the project;
1330	6.  No more dredging or filling of wetlands or water of the
1331	state is performed than that which is reasonably necessary to
1332	repair, stabilize, pave, or repave the road or to repair or
1333	replace the bridge, in accordance with generally accepted
1334	engineering standards; and
1335	7.  Notice of intent to use the exemption is provided to
1336	the department, if the work is to be performed within the
1337	Northwest Florida Water Management District, or to the Suwannee
1338	River Water Management District, if the work is to be performed
1339	within the Suwannee River Water Management District, 30 days
1340	prior to performing any work under the exemption.
1341
1342	Within 30 days after this act becomes a law, the department
1343	shall initiate rulemaking to adopt a no fee general permit for
1344	the repair, stabilization, or paving of existing roads that are
1345	maintained by the county and the repair or replacement of
1346	bridges that are part of the roadway where such activities do
1347	not cause significant adverse impacts to occur individually or
1348	cumulatively. The general permit shall apply statewide and, with
1349	no additional rulemaking required, apply to qualified projects
1350	reviewed by the Suwannee River Water Management District, the
1351	St. Johns River Water Management District, the Southwest Florida
1352	Water Management District, and the South Florida Water
1353	Management District under the division of responsibilities
1354	contained in the operating agreements applicable to part IV of
1355	chapter 373. Upon adoption, this general permit shall, pursuant
1356	to the provisions of subsection (2), supersede and replace the
1357	exemption in this paragraph.
1358	(u)  Notwithstanding any provision to the contrary in this
1359	subsection, a permit or other authorization under chapter 253,
1360	chapter 369, chapter 373, or this chapter is not required for an
1361	individual residential property owner for the removal of organic
1362	detrital material from freshwater rivers or lakes that have a
1363	natural sand or rocky substrate and that are not Aquatic
1364	Preserves or for the associated removal and replanting of
1365	aquatic vegetation for the purpose of environmental enhancement,
1366	providing that:
1367	1.  No activities under this exemption are conducted in
1368	wetland areas, as defined by s. 373.019(25), which are supported
1369	by a natural soil as shown in applicable United States
1370	Department of Agriculture county soil surveys.
1371	2.  No filling or peat mining is allowed.
1372	3.  No removal of native wetland trees, including, but not
1373	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
1374	4.  When removing organic detrital material, no portion of
1375	the underlying natural mineral substrate or rocky substrate is
1376	removed.
1377	5.  Organic detrital material and plant material removed is
1378	deposited in an upland site in a manner that will not cause
1379	water quality violations.
1380	6.  All activities are conducted in such a manner, and with
1381	appropriate turbidity controls, so as to prevent any water
1382	quality violations outside the immediate work area.
1383	7.  Replanting with a variety of aquatic plants native to
1384	the state shall occur in a minimum of 25 percent of the
1385	preexisting vegetated areas where organic detrital material is
1386	removed, except for areas where the material is removed to bare
1387	rocky substrate; however, an area may be maintained clear of
1388	vegetation as an access corridor. The access corridor width may
1389	not exceed 50 percent of the property owner's frontage or 50
1390	feet, whichever is less, and may be a sufficient length
1391	waterward to create a corridor to allow access for a boat or
1392	swimmer to reach open water. Replanting must be at a minimum
1393	density of 2 feet on center and be completed within 90 days
1394	after removal of existing aquatic vegetation, except that under
1395	dewatered conditions replanting must be completed within 90 days
1396	after reflooding. The area to be replanted must extend waterward
1397	from the ordinary high water line to a point where normal water
1398	depth would be 3 feet or the preexisting vegetation line,
1399	whichever is less. Individuals are required to make a reasonable
1400	effort to maintain planting density for a period of 6 months
1401	after replanting is complete, and the plants, including
1402	naturally recruited native aquatic plants, must be allowed to
1403	expand and fill in the revegetation area. Native aquatic plants
1404	to be used for revegetation must be salvaged from the
1405	enhancement project site or obtained from an aquatic plant
1406	nursery regulated by the Department of Agriculture and Consumer
1407	Services. Plants that are not native to the state may not be
1408	used for replanting.
1409	8.  No activity occurs any farther than 100 feet waterward
1410	of the ordinary high water line, and all activities must be
1411	designed and conducted in a manner that will not unreasonably
1412	restrict or infringe upon the riparian rights of adjacent upland
1413	riparian owners.
1414	9.  The person seeking this exemption notifies the
1415	applicable department district office in writing at least 30
1416	days before commencing work and allows the department to conduct
1417	a preconstruction site inspection. Notice must include an
1418	organic-detrital-material removal and disposal plan and, if
1419	applicable, a vegetation-removal and revegetation plan.
1420	10.  The department is provided written certification of
1421	compliance with the terms and conditions of this paragraph
1422	within 30 days after completion of any activity occurring under
1423	this exemption.
1424	(2)  The provisions of subsection (1) are superseded by
1425	general permits established pursuant to ss. 373.118 and 403.814
1426	which include the same activities. Until such time as general
1427	permits are established, or if should general permits are be
1428	suspended or repealed, the exemptions under subsection (1) shall
1429	remain or shall be reestablished in full force and effect.
1430	Section 21.  Subsection (12) is added to section 403.814,
1431	Florida Statutes, to read:
1432	403.814  General permits; delegation.--
1433	(12)  The department shall expand the use of Internet-based
1434	self-certification services for appropriate exemptions and
1435	general permits issued by the department and water management
1436	districts, providing such expansion is economically feasible. In
1437	addition, the department shall identify and develop general
1438	permits for activities currently requiring individual review
1439	which could be expedited through the use of professional
1440	certifications. The department shall submit a report on progress
1441	of these efforts to the President of the Senate and the Speaker
1442	of the House of Representatives by January 15, 2010.
1443	Section 22.  Section 403.973, Florida Statutes, is amended
1444	to read:
1445	403.973  Expedited permitting; comprehensive plan
1446	amendments.--
1447	(1)  It is the intent of the Legislature to encourage and
1448	facilitate the location and expansion of those types of economic
1449	development projects which offer job creation and high wages,
1450	strengthen and diversify the state's economy, and have been
1451	thoughtfully planned to take into consideration the protection
1452	of the state's environment. It is also the intent of the
1453	Legislature to provide for an expedited permitting and
1454	comprehensive plan amendment process for such projects.
1455	(2)  As used in this section, the term:
1456	(a)  "Duly noticed" means publication in a newspaper of
1457	general circulation in the municipality or county with
1458	jurisdiction. The notice shall appear on at least 2 separate
1459	days, one of which shall be at least 7 days before the meeting.
1460	The notice shall state the date, time, and place of the meeting
1461	scheduled to discuss or enact the memorandum of agreement, and
1462	the places within the municipality or county where such proposed
1463	memorandum of agreement may be inspected by the public. The
1464	notice must be one-eighth of a page in size and must be
1465	published in a portion of the paper other than the legal notices
1466	section. The notice shall also advise that interested parties
1467	may appear at the meeting and be heard with respect to the
1468	memorandum of agreement.
1469	(b)  "Jobs" means permanent, full-time equivalent positions
1470	not including construction jobs.
1471	(c)  "Office" means the Office of Tourism, Trade, and
1472	Economic Development.
1473	(c)(d)  "Permit applications" means state permits and
1474	licenses, and at the option of a participating local government,
1475	local development permits or orders.
1476	(d)  "Secretary" means the Secretary of Environmental
1477	Protection or his or her designee.
1478	(3)(a)  The secretary Governor, through the office, shall
1479	direct the creation of regional permit action teams, for the
1480	purpose of expediting review of permit applications and local
1481	comprehensive plan amendments submitted by:
1482	1.  Businesses creating at least 50 100 jobs, or
1483	2.  Businesses creating at least 25 50 jobs if the project
1484	is located in an enterprise zone, or in a county having a
1485	population of less than 75,000 or in a county having a
1486	population of less than 100,000 which is contiguous to a county
1487	having a population of less than 75,000, as determined by the
1488	most recent decennial census, residing in incorporated and
1489	unincorporated areas of the county, or
1490	(b)  On a case-by-case basis and at the request of a county
1491	or municipal government, the secretary office may certify as
1492	eligible for expedited review a project not meeting the minimum
1493	job creation thresholds but creating a minimum of 10 jobs. The
1494	recommendation from the governing body of the county or
1495	municipality in which the project may be located is required in
1496	order for the secretary office to certify that any project is
1497	eligible for expedited review under this paragraph. When
1498	considering projects that do not meet the minimum job creation
1499	thresholds but that are recommended by the governing body in
1500	which the project may be located, the secretary office shall
1501	consider economic impact factors that include, but are not
1502	limited to:
1503	1.  The proposed wage and skill levels relative to those
1504	existing in the area in which the project may be located;
1505	2.  The project's potential to diversify and strengthen the
1506	area's economy;
1507	3.  The amount of capital investment; and
1508	4.  The number of jobs that will be made available for
1509	persons served by the welfare transition program.
1510	(c)  At the request of a county or municipal government,
1511	the secretary office or a Quick Permitting County may certify
1512	projects located in counties where the ratio of new jobs per
1513	participant in the welfare transition program, as determined by
1514	Workforce Florida, Inc., is less than one or otherwise critical,
1515	as eligible for the expedited permitting process. Such projects
1516	must meet the numerical job creation criteria of this
1517	subsection, but the jobs created by the project do not have to
1518	be high-wage jobs that diversify the state's economy.
1519	(d)  Projects located in a designated brownfield area are
1520	eligible for the expedited permitting process.
1521	(e)  Projects that are part of the state-of-the-art
1522	biomedical research institution and campus to be established in
1523	this state by the grantee under s. 288.955 are eligible for the
1524	expedited permitting process, if the projects are designated as
1525	part of the institution or campus by the board of county
1526	commissioners of the county in which the institution and campus
1527	are established.
1528	(f)  Projects that result in the production of biofuels
1529	cultivated on lands that are 1,000 acres or more or the
1530	construction of a biofuel or biodiesel processing facility or a
1531	facility generating renewable energy as defined in s.
1532	366.91(2)(d) are eligible for the expedited permitting process.
1533	(4)  The regional teams shall be established through the
1534	execution of memoranda of agreement developed by the applicant
1535	and between the secretary, with input solicited from office and
1536	the respective heads of the Department of Environmental
1537	Protection, the Department of Community Affairs, the Department
1538	of Transportation and its district offices, the Department of
1539	Agriculture and Consumer Services, the Fish and Wildlife
1540	Conservation Commission, appropriate regional planning councils,
1541	appropriate water management districts, and voluntarily
1542	participating municipalities and counties. The memoranda of
1543	agreement should also accommodate participation in this
1544	expedited process by other local governments and federal
1545	agencies as circumstances warrant.
1546	(5)  In order to facilitate local government's option to
1547	participate in this expedited review process, the secretary
1548	office shall, in cooperation with local governments and
1549	participating state agencies, create a standard form memorandum
1550	of agreement. A local government shall hold a duly noticed
1551	public workshop to review and explain to the public the
1552	expedited permitting process and the terms and conditions of the
1553	standard form memorandum of agreement.
1554	(6)  The local government shall hold a duly noticed public
1555	hearing to execute a memorandum of agreement for each qualified
1556	project. Notwithstanding any other provision of law, and at the
1557	option of the local government, the workshop provided for in
1558	subsection (5) may be conducted on the same date as the public
1559	hearing held under this subsection. The memorandum of agreement
1560	that a local government signs shall include a provision
1561	identifying necessary local government procedures and time
1562	limits that will be modified to allow for the local government
1563	decision on the project within 90 days. The memorandum of
1564	agreement applies to projects, on a case-by-case basis, that
1565	qualify for special review and approval as specified in this
1566	section. The memorandum of agreement must make it clear that
1567	this expedited permitting and review process does not modify,
1568	qualify, or otherwise alter existing local government
1569	nonprocedural standards for permit applications, unless
1570	expressly authorized by law.
1571	(7)  At the option of the participating local government,
1572	Appeals of local government approvals its final approval for a
1573	project shall may be pursuant to the summary hearing provisions
1574	of s. 120.574, pursuant to subsection (14), and be consolidated
1575	with the challenge of any applicable state agency actions or
1576	pursuant to other appellate processes available to the local
1577	government. The local government's decision to enter into a
1578	summary hearing must be made as provided in s. 120.574 or in the
1579	memorandum of agreement.
1580	(8)  Each memorandum of agreement shall include a process
1581	for final agency action on permit applications and local
1582	comprehensive plan amendment approvals within 90 days after
1583	receipt of a completed application, unless the applicant agrees
1584	to a longer time period or the secretary office determines that
1585	unforeseen or uncontrollable circumstances preclude final agency
1586	action within the 90-day timeframe. Permit applications governed
1587	by federally delegated or approved permitting programs whose
1588	requirements would prohibit or be inconsistent with the 90-day
1589	timeframe are exempt from this provision, but must be processed
1590	by the agency with federally delegated or approved program
1591	responsibility as expeditiously as possible.
1592	(9)  The secretary office shall inform the Legislature by
1593	October 1 of each year which agencies have not entered into or
1594	implemented an agreement and identify any barriers to achieving
1595	success of the program.
1596	(10)  The memoranda of agreement may provide for the waiver
1597	or modification of procedural rules prescribing forms, fees,
1598	procedures, or time limits for the review or processing of
1599	permit applications under the jurisdiction of those agencies
1600	that are party to the memoranda of agreement. Notwithstanding
1601	any other provision of law to the contrary, a memorandum of
1602	agreement must to the extent feasible provide for proceedings
1603	and hearings otherwise held separately by the parties to the
1604	memorandum of agreement to be combined into one proceeding or
1605	held jointly and at one location. Such waivers or modifications
1606	shall not be available for permit applications governed by
1607	federally delegated or approved permitting programs, the
1608	requirements of which would prohibit, or be inconsistent with,
1609	such a waiver or modification.
1610	(11)  The standard form memoranda of agreement shall
1611	include guidelines to be used in working with state, regional,
1612	and local permitting authorities. Guidelines may include, but
1613	are not limited to, the following:
1614	(a)  A central contact point for filing permit applications
1615	and local comprehensive plan amendments and for obtaining
1616	information on permit and local comprehensive plan amendment
1617	requirements;
1618	(b)  Identification of the individual or individuals within
1619	each respective agency who will be responsible for processing
1620	the expedited permit application or local comprehensive plan
1621	amendment for that agency;
1622	(c)  A mandatory preapplication review process to reduce
1623	permitting conflicts by providing guidance to applicants
1624	regarding the permits needed from each agency and governmental
1625	entity, site planning and development, site suitability and
1626	limitations, facility design, and steps the applicant can take
1627	to ensure expeditious permit application and local comprehensive
1628	plan amendment review. As a part of this process, the first
1629	interagency meeting to discuss a project shall be held within 14
1630	days after the secretary's office's determination that the
1631	project is eligible for expedited review. Subsequent interagency
1632	meetings may be scheduled to accommodate the needs of
1633	participating local governments that are unable to meet public
1634	notice requirements for executing a memorandum of agreement
1635	within this timeframe. This accommodation may not exceed 45 days
1636	from the secretary's office's determination that the project is
1637	eligible for expedited review;
1638	(d)  The preparation of a single coordinated project
1639	description form and checklist and an agreement by state and
1640	regional agencies to reduce the burden on an applicant to
1641	provide duplicate information to multiple agencies;
1642	(e)  Establishment of a process for the adoption and review
1643	of any comprehensive plan amendment needed by any certified
1644	project within 90 days after the submission of an application
1645	for a comprehensive plan amendment. However, the memorandum of
1646	agreement may not prevent affected persons as defined in s.
1647	163.3184 from appealing or participating in this expedited plan
1648	amendment process and any review or appeals of decisions made
1649	under this paragraph; and
1650	(f)  Additional incentives for an applicant who proposes a
1651	project that provides a net ecosystem benefit.
1652	(12)  The applicant, the regional permit action team, and
1653	participating local governments may agree to incorporate into a
1654	single document the permits, licenses, and approvals that are
1655	obtained through the expedited permit process. This consolidated
1656	permit is subject to the summary hearing provisions set forth in
1657	subsection (14).
1658	(13)  Notwithstanding any other provisions of law:
1659	(a)  Local comprehensive plan amendments for projects
1660	qualified under this section are exempt from the twice-a-year
1661	limits provision in s. 163.3187; and
1662	(b)  Projects qualified under this section are not subject
1663	to interstate highway level-of-service standards adopted by the
1664	Department of Transportation for concurrency purposes. The
1665	memorandum of agreement specified in subsection (5) must include
1666	a process by which the applicant will be assessed a fair share
1667	of the cost of mitigating the project's significant traffic
1668	impacts, as defined in chapter 380 and related rules. The
1669	agreement must also specify whether the significant traffic
1670	impacts on the interstate system will be mitigated through the
1671	implementation of a project or payment of funds to the
1672	Department of Transportation. Where funds are paid, the
1673	Department of Transportation must include in the 5-year work
1674	program transportation projects or project phases, in an amount
1675	equal to the funds received, to mitigate the traffic impacts
1676	associated with the proposed project.
1677	(14)(a)  Challenges to state agency action in the expedited
1678	permitting process for projects processed under this section are
1679	subject to the summary hearing provisions of s. 120.574, except
1680	that the administrative law judge's decision, as provided in s.
1681	120.574(2)(f), shall be in the form of a recommended order and
1682	shall not constitute the final action of the state agency. In
1683	those proceedings where the action of only one agency of the
1684	state other than the Department of Environmental Protection is
1685	challenged, the agency of the state shall issue the final order
1686	within 45 10 working days after of receipt of the administrative
1687	law judge's recommended order. The recommended order shall
1688	inform the parties of the right to file exceptions to the
1689	recommended order and to file responses thereto in accordance
1690	with the Uniform Rules of Procedure. In those proceedings where
1691	the actions of more than one agency of the state are challenged,
1692	the Governor shall issue the final order, except for the
1693	issuance of department licenses required under any federally
1694	delegated or approved permit program for which the department
1695	shall enter the final order, within 45 10 working days after of
1696	receipt of the administrative law judge's recommended order. The
1697	recommended order shall inform the parties of the right to file
1698	exceptions to the recommended order and to file responses
1699	thereto in accordance with the Uniform Rules of Procedure. The
1700	participating agencies of the state may opt at the preliminary
1701	hearing conference to allow the administrative law judge's
1702	decision to constitute the final agency action. If a
1703	participating local government agrees to participate in the
1704	summary hearing provisions of s. 120.574 for purposes of review
1705	of local government comprehensive plan amendments, s.
1706	163.3184(9) and (10) apply.
1707	(b)  Challenges to state agency action in the expedited
1708	permitting process for establishment of a state-of-the-art
1709	biomedical research institution and campus in this state by the
1710	grantee under s. 288.955 or projects identified in paragraph
1711	(3)(f) are subject to the same requirements as challenges
1712	brought under paragraph (a), except that, notwithstanding s.
1713	120.574, summary proceedings must be conducted within 30 days
1714	after a party files the motion for summary hearing, regardless
1715	of whether the parties agree to the summary proceeding.
1716	(15)  The secretary office, working with the agencies
1717	providing cooperative assistance and input to participating in
1718	the memoranda of agreement, shall review sites proposed for the
1719	location of facilities eligible for the Innovation Incentive
1720	Program under s. 288.1089. Within 20 days after the request for
1721	the review by the secretary office, the agencies shall provide
1722	to the secretary office a statement as to each site's necessary
1723	permits under local, state, and federal law and an
1724	identification of significant permitting issues, which if
1725	unresolved, may result in the denial of an agency permit or
1726	approval or any significant delay caused by the permitting
1727	process.
1728	(16)  This expedited permitting process shall not modify,
1729	qualify, or otherwise alter existing agency nonprocedural
1730	standards for permit applications or local comprehensive plan
1731	amendments, unless expressly authorized by law. If it is
1732	determined that the applicant is not eligible to use this
1733	process, the applicant may apply for permitting of the project
1734	through the normal permitting processes.
1735	(17)  The secretary office shall be responsible for
1736	certifying a business as eligible for undergoing expedited
1737	review under this section. Enterprise Florida, Inc., a county or
1738	municipal government, or the Rural Economic Development
1739	Initiative may recommend to the secretary Office of Tourism,
1740	Trade, and Economic Development that a project meeting the
1741	minimum job creation threshold undergo expedited review.
1742	(18)  The secretary office, working with the Rural Economic
1743	Development Initiative and the agencies participating in the
1744	memoranda of agreement, shall provide technical assistance in
1745	preparing permit applications and local comprehensive plan
1746	amendments for counties having a population of less than 75,000
1747	residents, or counties having fewer than 100,000 residents which
1748	are contiguous to counties having fewer than 75,000 residents.
1749	Additional assistance may include, but not be limited to,
1750	guidance in land development regulations and permitting
1751	processes, working cooperatively with state, regional, and local
1752	entities to identify areas within these counties which may be
1753	suitable or adaptable for preclearance review of specified types
1754	of land uses and other activities requiring permits.
1755	(19)  The following projects are ineligible for review
1756	under this part:
1757	(a)  A project funded and operated by a local government,
1758	as defined in s. 377.709, and located within that government's
1759	jurisdiction.
1760	(b)  A project, the primary purpose of which is to:
1761	1.  Effect the final disposal of solid waste, biomedical
1762	waste, or hazardous waste in this state.
1763	2.  Produce electrical power, unless the production of
1764	electricity is incidental and not the primary function of the
1765	project or the electrical power is derived from a fuel source
1766	for renewable energy as defined in s. 366.91(2)(d).
1767	3.  Extract natural resources.
1768	4.  Produce oil.
1769	5.  Construct, maintain, or operate an oil, petroleum,
1770	natural gas, or sewage pipeline.
1771	Section 23.  Paragraph (f) of subsection (2) of section
1772	14.2015, Florida Statutes, is amended to read:
1773	14.2015  Office of Tourism, Trade, and Economic
1774	Development; creation; powers and duties.--
1775	(2)  The purpose of the Office of Tourism, Trade, and
1776	Economic Development is to assist the Governor in working with
1777	the Legislature, state agencies, business leaders, and economic
1778	development professionals to formulate and implement coherent
1779	and consistent policies and strategies designed to provide
1780	economic opportunities for all Floridians. To accomplish such
1781	purposes, the Office of Tourism, Trade, and Economic Development
1782	shall:
1783	(f)1.  Administer the Florida Enterprise Zone Act under ss.
1784	290.001-290.016, the community contribution tax credit program
1785	under ss. 220.183 and 624.5105, the tax refund program for
1786	qualified target industry businesses under s. 288.106, the tax-
1787	refund program for qualified defense contractors and space
1788	flight business contractors under s. 288.1045, contracts for
1789	transportation projects under s. 288.063, the sports franchise
1790	facility program under s. 288.1162, the professional golf hall
1791	of fame facility program under s. 288.1168, the expedited
1792	permitting process under s. 403.973, the Rural Community
1793	Development Revolving Loan Fund under s. 288.065, the Regional
1794	Rural Development Grants Program under s. 288.018, the Certified
1795	Capital Company Act under s. 288.99, the Florida State Rural
1796	Development Council, the Rural Economic Development Initiative,
1797	and other programs that are specifically assigned to the office
1798	by law, by the appropriations process, or by the Governor.
1799	Notwithstanding any other provisions of law, the office may
1800	expend interest earned from the investment of program funds
1801	deposited in the Grants and Donations Trust Fund to contract for
1802	the administration of the programs, or portions of the programs,
1803	enumerated in this paragraph or assigned to the office by law,
1804	by the appropriations process, or by the Governor. Such
1805	expenditures shall be subject to review under chapter 216.
1806	2.  The office may enter into contracts in connection with
1807	the fulfillment of its duties concerning the Florida First
1808	Business Bond Pool under chapter 159, tax incentives under
1809	chapters 212 and 220, tax incentives under the Certified Capital
1810	Company Act in chapter 288, foreign offices under chapter 288,
1811	the Enterprise Zone program under chapter 290, the Seaport
1812	Employment Training program under chapter 311, the Florida
1813	Professional Sports Team License Plates under chapter 320,
1814	Spaceport Florida under chapter 331, Expedited Permitting under
1815	chapter 403, and in carrying out other functions that are
1816	specifically assigned to the office by law, by the
1817	appropriations process, or by the Governor.
1818	Section 24.  Paragraph (e) of subsection (2) of section
1819	288.0655, Florida Statutes, is amended to read:
1820	288.0655  Rural Infrastructure Fund.--
1821	(2)
1822	(e)  To enable local governments to access the resources
1823	available pursuant to s. 403.973(18), the office, working with
1824	the Secretary of Environmental Protection, may award grants for
1825	surveys, feasibility studies, and other activities related to
1826	the identification and preclearance review of land which is
1827	suitable for preclearance review. Authorized grants under this
1828	paragraph shall not exceed $75,000 each, except in the case of a
1829	project in a rural area of critical economic concern, in which
1830	case the grant shall not exceed $300,000. Any funds awarded
1831	under this paragraph must be matched at a level of 50 percent
1832	with local funds, except that any funds awarded for a project in
1833	a rural area of critical economic concern must be matched at a
1834	level of 33 percent with local funds. In evaluating applications
1835	under this paragraph, the office shall consider the extent to
1836	which the application seeks to minimize administrative and
1837	consultant expenses.
1838	Section 25.  Paragraph (d) of subsection (2) and paragraph
1839	(b) of subsection (19) of section 380.06, Florida Statutes, are
1840	amended to read:
1841	380.06  Developments of regional impact.--
1842	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
1843	(d)  The guidelines and standards shall be applied as
1844	follows:
1845	1.  Fixed thresholds.--
1846	a.  A development that is below 100 percent of all
1847	numerical thresholds in the guidelines and standards shall not
1848	be required to undergo development-of-regional-impact review.
1849	b.  A development that is at or above 120 percent of any
1850	numerical threshold shall be required to undergo development-of-
1851	regional-impact review.
1852	c.  Projects certified under s. 403.973 which create at
1853	least 50 100 jobs and meet the criteria of the Secretary of
1854	Environmental Protection Office of Tourism, Trade, and Economic
1855	Development as to their impact on an area's economy, employment,
1856	and prevailing wage and skill levels that are at or below 100
1857	percent of the numerical thresholds for industrial plants,
1858	industrial parks, distribution, warehousing or wholesaling
1859	facilities, office development or multiuse projects other than
1860	residential, as described in s. 380.0651(3)(c), (d), and (h),
1861	are not required to undergo development-of-regional-impact
1862	review.
1863	2.  Rebuttable presumption.--It shall be presumed that a
1864	development that is at 100 percent or between 100 and 120
1865	percent of a numerical threshold shall be required to undergo
1866	development-of-regional-impact review.
1867	(19)  SUBSTANTIAL DEVIATIONS.--
1868	(b)  Any proposed change to a previously approved
1869	development of regional impact or development order condition
1870	which, either individually or cumulatively with other changes,
1871	exceeds any of the following criteria shall constitute a
1872	substantial deviation and shall cause the development to be
1873	subject to further development-of-regional-impact review without
1874	the necessity for a finding of same by the local government:
1875	1.  An increase in the number of parking spaces at an
1876	attraction or recreational facility by 10 percent or 330 spaces,
1877	whichever is greater, or an increase in the number of spectators
1878	that may be accommodated at such a facility by 10 percent or
1879	1,100 spectators, whichever is greater.
1880	2.  A new runway, a new terminal facility, a 25-percent
1881	lengthening of an existing runway, or a 25-percent increase in
1882	the number of gates of an existing terminal, but only if the
1883	increase adds at least three additional gates.
1884	3.  An increase in industrial development area by 10
1885	percent or 35 acres, whichever is greater.
1886	4.  An increase in the average annual acreage mined by 10
1887	percent or 11 acres, whichever is greater, or an increase in the
1888	average daily water consumption by a mining operation by 10
1889	percent or 330,000 gallons, whichever is greater. A net increase
1890	in the size of the mine by 10 percent or 825 acres, whichever is
1891	less. For purposes of calculating any net increases in size,
1892	only additions and deletions of lands that have not been mined
1893	shall be considered. An increase in the size of a heavy mineral
1894	mine as defined in s. 378.403(7) will only constitute a
1895	substantial deviation if the average annual acreage mined is
1896	more than 550 acres and consumes more than 3.3 million gallons
1897	of water per day.
1898	5.  An increase in land area for office development by 10
1899	percent or an increase of gross floor area of office development
1900	by 10 percent or 66,000 gross square feet, whichever is greater.
1901	6.  An increase in the number of dwelling units by 10
1902	percent or 55 dwelling units, whichever is greater.
1903	7.  An increase in the number of dwelling units by 50
1904	percent or 200 units, whichever is greater, provided that 15
1905	percent of the proposed additional dwelling units are dedicated
1906	to affordable workforce housing, subject to a recorded land use
1907	restriction that shall be for a period of not less than 20 years
1908	and that includes resale provisions to ensure long-term
1909	affordability for income-eligible homeowners and renters and
1910	provisions for the workforce housing to be commenced prior to
1911	the completion of 50 percent of the market rate dwelling. For
1912	purposes of this subparagraph, the term "affordable workforce
1913	housing" means housing that is affordable to a person who earns
1914	less than 120 percent of the area median income, or less than
1915	140 percent of the area median income if located in a county in
1916	which the median purchase price for a single-family existing
1917	home exceeds the statewide median purchase price of a single-
1918	family existing home. For purposes of this subparagraph, the
1919	term "statewide median purchase price of a single-family
1920	existing home" means the statewide purchase price as determined
1921	in the Florida Sales Report, Single-Family Existing Homes,
1922	released each January by the Florida Association of Realtors and
1923	the University of Florida Real Estate Research Center.
1924	8.  An increase in commercial development by 55,000 square
1925	feet of gross floor area or of parking spaces provided for
1926	customers for 330 cars or a 10-percent increase of either of
1927	these, whichever is greater.
1928	9.  An increase in hotel or motel rooms by 10 percent or 83
1929	rooms, whichever is greater.
1930	10.  An increase in a recreational vehicle park area by 10
1931	percent or 110 vehicle spaces, whichever is less.
1932	11.  A decrease in the area set aside for open space of 5
1933	percent or 20 acres, whichever is less.
1934	12.  A proposed increase to an approved multiuse
1935	development of regional impact where the sum of the increases of
1936	each land use as a percentage of the applicable substantial
1937	deviation criteria is equal to or exceeds 110 percent. The
1938	percentage of any decrease in the amount of open space shall be
1939	treated as an increase for purposes of determining when 110
1940	percent has been reached or exceeded.
1941	13.  A 15-percent increase in the number of external
1942	vehicle trips generated by the development above that which was
1943	projected during the original development-of-regional-impact
1944	review.
1945	14.  Any change which would result in development of any
1946	area which was specifically set aside in the application for
1947	development approval or in the development order for
1948	preservation or special protection of endangered or threatened
1949	plants or animals designated as endangered, threatened, or
1950	species of special concern and their habitat, any species
1951	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1952	archaeological and historical sites designated as significant by
1953	the Division of Historical Resources of the Department of State.
1954	The refinement of the boundaries and configuration of such areas
1955	shall be considered under sub-subparagraph (e)2.j.
1956
1957	The substantial deviation numerical standards in subparagraphs
1958	3., 5., 8., 9., and 12., excluding residential uses, and in
1959	subparagraph 13., are increased by 100 percent for a project
1960	certified under s. 403.973 which creates jobs and meets criteria
1961	established by the Secretary of Environmental Protection Office
1962	of Tourism, Trade, and Economic Development as to its impact on
1963	an area's economy, employment, and prevailing wage and skill
1964	levels. The substantial deviation numerical standards in
1965	subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. are increased
1966	by 50 percent for a project located wholly within an urban
1967	infill and redevelopment area designated on the applicable
1968	adopted local comprehensive plan future land use map and not
1969	located within the coastal high hazard area.
1970	Section 26.  Subsection (20) is added to section 373.414,
1971	Florida Statutes, to read:
1972	373.414  Additional criteria for activities in surface
1973	waters and wetlands.--
1974	(20)(a)  The mitigation requirements under this part shall
1975	be deemed satisfied for permits providing conceptual approval of
1976	the long-term build out or expansion of an existing airport
1977	which is operated by an aviation authority created by a special
1978	act and located within the Upper Kissimmee Planning Unit
1979	established under s. 403.067 if:
1980	1.  The amount of mitigation required to offset impacts to
1981	wetlands and other surface waters associated with such build out
1982	or expansion is determined by the methodology established
1983	pursuant to subsection (18); and
1984	2.  The specific measures acceptable to the authority to
1985	offset the impacts to wetlands and other surface waters are
1986	provided for in the permits authorizing the actual construction
1987	of the airport build out or expansion.
1988	(b)  Conceptual approval permits issued to such authorities
1989	under this subsection may be issued for durations of up to 5
1990	years.
1991	Section 27.  Section 373.185, Florida Statutes, is amended
1992	to read:
1993	373.185  Local Florida-friendly landscaping Xeriscape
1994	ordinances.--
1995	(1)  As used in this section, the term:
1996	(a)  "Local government" means any county or municipality of
1997	the state.
1998	(b)  "Xeriscape" or "Florida-friendly landscaping
1999	landscape" means quality landscapes that conserve water, and
2000	protect the environment, and are adaptable to local conditions,
2001	and which are drought tolerant. The principles of Florida-
2002	friendly landscaping Xeriscape include planting the right plant
2003	in the right place, efficient watering, appropriate
2004	fertilization, mulching, attraction of wildlife, responsible
2005	management of yard pests, recycling yard waste, reduction of
2006	stormwater runoff, and waterfront protection. The principles of
2007	Florida-friendly landscaping include practices such as landscape
2008	planning and design, appropriate choice of plants, soil
2009	analysis, which may include the appropriate use of solid waste
2010	compost, minimizing the use of efficient irrigation, practical
2011	use of turf, appropriate use of mulches, and proper maintenance.
2012	(2)  Each water management district shall design and
2013	implement an incentive program to encourage all local
2014	governments within its district to adopt new ordinances or amend
2015	existing ordinances to require Florida-friendly Xeriscape
2016	landscaping for development permitted after the effective date
2017	of the new ordinance or amendment. Each district shall adopt
2018	rules governing the implementation of its incentive program and
2019	governing the review and approval of local government Xeriscape
2020	ordinances or amendments which are intended to qualify a local
2021	government for the incentive program. Each district shall assist
2022	the local governments within its jurisdiction by providing a
2023	model Florida-friendly landscaping ordinance Xeriscape code and
2024	other technical assistance. Each district may develop its own
2025	model or use a model contained in the "Florida-Friendly
2026	Landscape Guidance Models for Ordinances, Covenants, and
2027	Restrictions" manual developed by the Department of
2028	Environmental Protection. A local government Florida-friendly
2029	landscaping Xeriscape ordinance or amendment, in order to
2030	qualify the local government for a district's incentive program,
2031	must include, at a minimum:
2032	(a)  Landscape design, installation, and maintenance
2033	standards that result in water conservation and water quality
2034	protection or restoration. Such standards shall address the use
2035	of plant groupings, soil analysis including the promotion of the
2036	use of solid waste compost, efficient irrigation systems, and
2037	other water-conserving practices.
2038	(b)  Identification of prohibited invasive exotic plant
2039	species consistent with the provisions of s. 581.091.
2040	(c)  Identification of controlled plant species,
2041	accompanied by the conditions under which such plants may be
2042	used.
2043	(d)  A provision specifying the maximum percentage of
2044	irrigated turf and the maximum percentage of impervious surfaces
2045	allowed in a Florida-friendly landscaped xeriscaped area and
2046	addressing the practical selection and installation of turf.
2047	(e)  Specific standards for land clearing and requirements
2048	for the preservation of existing native vegetation.
2049	(f)  A monitoring program for ordinance implementation and
2050	compliance.
2051
2052	In addition to developing and implementing an incentive program,
2053	each district The districts also shall work with local
2054	governments, the Department of Environmental Protection, county
2055	extension agents or offices, nursery and landscape industry
2056	groups, and other interested stakeholders to promote, through
2057	educational programs, and publications, and other activities of
2058	the district authorized under this chapter, the use of Florida-
2059	friendly landscaping Xeriscape practices, including the use of
2060	solid waste compost, in existing residential and commercial
2061	development. In these activities, each district shall use the
2062	materials developed by the department, the Institute of Food and
2063	Agricultural Sciences at the University of Florida, and the
2064	Center for Landscape Conservation and Ecology Florida-friendly
2065	landscaping program, including, but not limited to, the Florida
2066	Yards and Neighborhoods Program for homeowners, the Florida
2067	Yards and Neighborhoods Builder Developer Program for
2068	developers, and the Green Industries Best Management Practices
2069	Program for landscaping professionals. Each district may develop
2070	supplemental materials as appropriate to address the physical
2071	and natural characteristics of the district. The districts shall
2072	coordinate with the department and the Institute of Food and
2073	Agricultural Sciences at the University of Florida if revisions
2074	to the educational materials of the department or university are
2075	needed. This section may not be construed to limit the authority
2076	of the districts to require Xeriscape ordinances or practices as
2077	a condition of any consumptive use permit.
2078	(3)(a)  The Legislature finds that the use of Florida-
2079	friendly landscaping and other water use and pollution
2080	prevention measures that conserve or protect the state's water
2081	resources serves a compelling public interest and that the
2082	participation of homeowners' associations and local governments
2083	is essential to state water conservation and water quality
2084	protection and restoration efforts.
2085	(b)  A deed restriction or covenant entered after October
2086	1, 2001, or local government ordinance may not prohibit or be
2087	enforced to prohibit any property owner from implementing
2088	Xeriscape or Florida-friendly landscaping landscape on his or
2089	her land or create any requirement or limitation in conflict
2090	with any provision of part II of this chapter or a water
2091	shortage order, other order, consumptive use permit, or rule
2092	adopted or issued pursuant to part II of this chapter.
2093	(c) A local government ordinance may not prohibit or be
2094	enforced so as to prohibit any property owner from implementing
2095	Florida-friendly landscaping on his or her land.
2096	(4)  This section may not be construed to limit the
2097	authority of the department or the districts to require Florida-
2098	friendly landscaping ordinances or practices as a condition of
2099	any permit under this chapter.
2100	Section 28.  Section 373.187, Florida Statutes, is created
2101	to read:
2102	373.187  Water management district implementation of
2103	Florida-friendly landscaping.--Each water management district
2104	shall use Florida-friendly landscaping, as defined in s.
2105	373.185, on public property associated with buildings and
2106	facilities owned by the water management district and
2107	constructed after June 30, 2009. Each water management district
2108	shall also develop a 5-year program for phasing in the use of
2109	Florida-friendly landscaping on public property associated with
2110	buildings or facilities owned by the water management district
2111	and constructed before July 1, 2009.
2112	Section 29.  Section 373.228, Florida Statutes, is amended
2113	to read:
2114	373.228  Landscape irrigation design.--
2115	(1)  The Legislature finds that multiple areas throughout
2116	the state have been identified by water management districts as
2117	water resource caution areas, which indicates that in the near
2118	future water demand in those areas will exceed the current
2119	available water supply and that conservation is one of the
2120	mechanisms by which future water demand will be met.
2121	(2)  The Legislature finds that landscape irrigation
2122	comprises a significant portion of water use and that the
2123	current typical landscape irrigation system and Florida-friendly
2124	landscaping xeriscape designs offer significant potential water
2125	conservation benefits.
2126	(3)  It is the intent of the Legislature to improve
2127	landscape irrigation water use efficiency by ensuring that
2128	landscape irrigation systems meet or exceed minimum design
2129	criteria.
2130	(4)  The water management districts shall work with the
2131	Florida Nursery Nurserymen and Growers and Landscape
2132	Association, the Florida Native Plant Society, the Florida
2133	Chapter of the American Society of Landscape Architects, the
2134	Florida Irrigation Society, the Department of Agriculture and
2135	Consumer Services, the Institute of Food and Agricultural
2136	Sciences, the Department of Environmental Protection, the
2137	Department of Transportation, the Florida League of Cities, the
2138	Florida Association of Counties, and the Florida Association of
2139	Community Developers to develop landscape irrigation and
2140	Florida-friendly landscaping xeriscape design standards for new
2141	construction which incorporate a landscape irrigation system and
2142	develop scientifically based model guidelines for urban,
2143	commercial, and residential landscape irrigation, including drip
2144	irrigation, for plants, trees, sod, and other landscaping. The
2145	landscape and irrigation design standards shall be based on the
2146	irrigation code defined in the Florida Building Code, Plumbing
2147	Volume, Appendix F. Local governments shall use the standards
2148	and guidelines when developing landscape irrigation and Florida-
2149	friendly landscaping xeriscape ordinances. By January 1, 2011,
2150	the agencies and entities specified in this subsection shall
2151	review the standards and guidelines to determine whether new
2152	research findings require a change or modification of the
2153	standards and guidelines.
2154	(5)  In evaluating water use applications from public water
2155	suppliers, water management districts shall consider whether the
2156	applicable local government has adopted ordinances for
2157	landscaping and irrigation systems consistent with the Florida-
2158	friendly landscaping provisions of s. 373.185.
2159	Section 30.  Subsection (3) of section 373.323, Florida
2160	Statutes, is amended to read:
2161	373.323  Licensure of water well contractors; application,
2162	qualifications, and examinations; equipment identification.--
2163	(3)  An applicant who meets the following requirements
2164	shall be entitled to take the water well contractor licensure
2165	examination to practice water well contracting:
2166	(a)  Is at least 18 years of age.
2167	(b)  Has at least 2 years of experience in constructing,
2168	repairing, or abandoning water wells. Satisfactory proof of such
2169	experience shall be demonstrated by providing:
2170	1.  Evidence of the length of time the applicant has been
2171	engaged in the business of the construction, repair, or
2172	abandonment of water wells as a major activity, as attested to
2173	by a letter from each of three of the following persons:
2174	a.  A water well contractor.
2175	b.  A water well driller.
2176	c.  A water well parts and equipment vendor.
2177	d.  A water well inspector employed by a governmental
2178	agency.
2179	2.  A list of at least 10 water wells that the applicant
2180	has constructed, repaired, or abandoned within the preceding 5
2181	years. Of these wells, at least seven must have been
2182	constructed, as defined in s. 373.303(2), by the applicant. The
2183	list shall also include:
2184	a.  The name and address of the owner or owners of each
2185	well.
2186	b.  The location, primary use, and approximate depth and
2187	diameter of each well the applicant has constructed, repaired,
2188	or abandoned.
2189	c.  The approximate date the construction, repair, or
2190	abandonment of each well was completed.
2191	(c)  Has completed the application form and remitted a
2192	nonrefundable application fee.
2193	Section 31.  Subsection (8) of section 373.333, Florida
2194	Statutes, is amended to read:
2195	373.333  Disciplinary guidelines; adoption and enforcement;
2196	license suspension or revocation.--
2197	(8)  The water management district may impose through an
2198	order an administrative fine not to exceed $5,000 per occurrence
2199	against an unlicensed person if when it determines that the
2200	unlicensed person has engaged in the practice of water well
2201	contracting, for which a license is required.
2202	Section 32.  Section 125.568, Florida Statutes, is amended
2203	to read:
2204	125.568  Conservation of water; Florida-friendly
2205	landscaping Xeriscape.--
2206	(1)(a)  The Legislature finds that Florida-friendly
2207	landscaping Xeriscape contributes to the conservation,
2208	protection, and restoration of water. In an effort to meet the
2209	water needs of this state in a manner that will supply adequate
2210	and dependable supplies of water where needed, it is the intent
2211	of the Legislature that Florida-friendly landscaping Xeriscape
2212	be an essential part of water conservation and water quality
2213	protection and restoration planning.
2214	(b)  As used in this section, "Xeriscape" or "Florida-
2215	friendly landscaping" has the same meaning as provided in s.
2216	373.185 landscape" means quality landscapes that conserve water
2217	and protect the environment and are adaptable to local
2218	conditions and which are drought tolerant. The principles of
2219	Xeriscape include planning and design, appropriate choice of
2220	plants, soil analysis which may include the use of solid waste
2221	compost, practical use of turf, efficient irrigation,
2222	appropriate use of mulches, and proper maintenance.
2223	(2)  The board of county commissioners of each county shall
2224	consider enacting ordinances, consistent with the provisions of
2225	s. 373.185, requiring the use of Florida-friendly landscaping
2226	Xeriscape as a water conservation or water quality protection or
2227	restoration measure. If the board determines that Florida-
2228	friendly landscaping Xeriscape would be of significant benefit
2229	as a water conservation or water quality protection or
2230	restoration measure, especially for waters designated as
2231	impaired pursuant to s. 403.067, relative to the cost to
2232	implement Florida-friendly Xeriscape landscaping in its area of
2233	jurisdiction, the board shall enact a Florida-friendly
2234	landscaping Xeriscape ordinance. Further, the board of county
2235	commissioners shall consider promoting Florida-friendly
2236	landscaping Xeriscape as a water conservation or water quality
2237	protection or restoration measure by: using Florida-friendly
2238	landscaping Xeriscape in any, around, or near facilities, parks,
2239	and other common areas under its jurisdiction that which are
2240	landscaped after the effective date of this act; providing
2241	public education on Florida-friendly landscaping Xeriscape, its
2242	uses in increasing as a water conservation and water quality
2243	protection or restoration tool, and its long-term cost-
2244	effectiveness; and offering incentives to local residents and
2245	businesses to implement Florida-friendly Xeriscape landscaping.
2246	(3)(a)  The Legislature finds that the use of Florida-
2247	friendly landscaping and other water use and pollution
2248	prevention measures that conserve or protect the state's water
2249	resources serves a compelling public interest and that the
2250	participation of homeowners' associations and local governments
2251	is essential to state water conservation and water quality
2252	protection and restoration efforts.
2253	(b)  A deed restriction or covenant entered after October
2254	1, 2001, or local government ordinance may not prohibit or be
2255	enforced to prohibit any property owner from implementing
2256	Xeriscape or Florida-friendly landscaping landscape on his or
2257	her land or create any requirement or limitation in conflict
2258	with any provision of part II of chapter 373 or a water shortage
2259	order, other order, consumptive use permit, or rule adopted or
2260	issued pursuant to part II of chapter 373.
2261	(c) A local government ordinance may not prohibit or be
2262	enforced so as to prohibit any property owner from implementing
2263	Florida-friendly landscaping on his or her land.
2264	Section 33.  Section 166.048, Florida Statutes, is amended
2265	to read:
2266	166.048  Conservation of water; Florida-friendly
2267	landscaping Xeriscape.--
2268	(1)(a)  The Legislature finds that Florida-friendly
2269	landscaping Xeriscape contributes to the conservation,
2270	protection, and restoration of water. In an effort to meet the
2271	water needs of this state in a manner that will supply adequate
2272	and dependable supplies of water where needed, it is the intent
2273	of the Legislature that Florida-friendly landscaping Xeriscape
2274	be an essential part of water conservation and water quality
2275	protection and restoration planning.
2276	(b)  As used in this section, "Xeriscape" or "Florida-
2277	friendly landscaping" has the same meaning as provided in s.
2278	373.185 landscape" means quality landscapes that conserve water
2279	and protect the environment and are adaptable to local
2280	conditions and which are drought tolerant. The principles of
2281	Xeriscape include planning and design, appropriate choice of
2282	plants, soil analysis which may include the use of solid waste
2283	compost, practical use of turf, efficient irrigation,
2284	appropriate use of mulches, and proper maintenance.
2285	(2)  The governing body of each municipality shall consider
2286	enacting ordinances, consistent with the provisions of s.
2287	373.185, requiring the use of Florida-friendly landscaping
2288	Xeriscape as a water conservation or water quality protection or
2289	restoration measure. If the governing body determines that
2290	Florida-friendly landscaping Xeriscape would be of significant
2291	benefit as a water conservation or water quality protection or
2292	restoration measure, especially for waters designated as
2293	impaired pursuant to s. 403.067, relative to the cost to
2294	implement Florida-friendly Xeriscape landscaping in its area of
2295	jurisdiction in the municipality, the governing body board shall
2296	enact a Florida-friendly landscaping Xeriscape ordinance.
2297	Further, the governing body shall consider promoting Florida-
2298	friendly landscaping Xeriscape as a water conservation or water
2299	quality protection or restoration measure by: using Florida-
2300	friendly landscaping Xeriscape in any, around, or near
2301	facilities, parks, and other common areas under its jurisdiction
2302	that which are landscaped after the effective date of this act;
2303	providing public education on Florida-friendly landscaping
2304	Xeriscape, its uses in increasing as a water conservation and
2305	water quality protection or restoration tool, and its long-term
2306	cost-effectiveness; and offering incentives to local residents
2307	and businesses to implement Florida-friendly Xeriscape
2308	landscaping.
2309	(3)(a)  The Legislature finds that the use of Florida-
2310	friendly landscaping and other water use and pollution
2311	prevention measures that conserve or protect the state's water
2312	resources serves a compelling public interest and that the
2313	participation of homeowners' associations and local governments
2314	is essential to state water conservation and water quality
2315	protection and restoration efforts.
2316	(b)  A deed restriction or covenant entered after October
2317	1, 2001, or local government ordinance may not prohibit or be
2318	enforced to prohibit any property owner from implementing
2319	Xeriscape or Florida-friendly landscaping landscape on his or
2320	her land or create any requirement or limitation in conflict
2321	with any provision of part II of chapter 373 or a water shortage
2322	order, other order, consumptive use permit, or rule adopted or
2323	issued pursuant to part II of chapter 373.
2324	(c)  A local government ordinance may not prohibit or be
2325	enforced so as to prohibit any property owner from implementing
2326	Florida-friendly landscaping on his or her land.
2327	Section 34.  Section 255.259, Florida Statutes, is amended
2328	to read:
2329	255.259  Florida-friendly Xeriscape landscaping on public
2330	property.--
2331	(1)  The Legislature finds that water conservation and
2332	water quality protection and restoration are is increasingly
2333	critical to the continuance of an adequate water supply and
2334	healthy surface and ground waters for the citizens of this
2335	state. The Legislature further finds that "Florida-friendly
2336	landscaping Xeriscape," as defined in s. 373.185, can contribute
2337	significantly to water the conservation and of water quality
2338	protection and restoration. Finally, the Legislature finds that
2339	state government has the responsibility to promote Florida-
2340	friendly landscaping Xeriscape as a water conservation and water
2341	quality protection and restoration measure by using Florida-
2342	friendly landscaping Xeriscape on public property associated
2343	with publicly owned buildings or facilities.
2344	(2)  As used in this section, "publicly owned buildings or
2345	facilities" means those construction projects under the purview
2346	of the Department of Management Services. It does not include
2347	environmentally endangered land or roads and highway
2348	construction under the purview of the Department of
2349	Transportation.
2350	(3)  The Department of Management Services, in consultation
2351	with the Department of Environmental Protection, shall adopt
2352	rules and guidelines for the required use of Florida-friendly
2353	landscaping Xeriscape on public property associated with
2354	publicly owned buildings or facilities constructed after June
2355	30, 2009 1992. The Department of Management Services also shall
2356	develop a 5-year program for phasing in the use of Florida-
2357	friendly landscaping Xeriscape on public property associated
2358	with publicly owned buildings or facilities constructed before
2359	July 1, 2009 1992. In accomplishing these tasks, the Department
2360	of Management Services shall take into account the provisions of
2361	guidelines set out in s. 373.185(2)(a)-(f). The Department of
2362	Transportation shall implement Florida-friendly Xeriscape
2363	landscaping pursuant to s. 335.167.
2364	(4)(a)  The Legislature finds that the use of Florida-
2365	friendly landscaping and other water use and pollution
2366	prevention measures that conserve or protect the state's water
2367	resources serves a compelling public interest and that the
2368	participation of homeowners' associations and local governments
2369	is essential to state water conservation and water quality
2370	protection and restoration efforts.
2371	(b)  A deed restriction or covenant entered after October
2372	1, 2001, or local government ordinance may not prohibit or be
2373	enforced to prohibit any property owner from implementing
2374	Xeriscape or Florida-friendly landscaping landscape on his or
2375	her land or create any requirement or limitation in conflict
2376	with any provision of part II of chapter 373 or a water shortage
2377	order, other order, consumptive use permit, or rule adopted or
2378	issued pursuant to part II of chapter 373.
2379	(c)  A local government ordinance may not prohibit or be
2380	enforced so as to prohibit any property owner from implementing
2381	Florida-friendly landscaping on his or her land.
2382	Section 35.  Section 335.167, Florida Statutes, is amended
2383	to read:
2384	335.167  State highway construction and maintenance;
2385	Xeriscape or Florida-friendly landscaping.--
2386	(1)  The department shall use and require the use of
2387	Florida-friendly landscaping Xeriscape practices, as defined in
2388	s. 373.185(1), in the construction and maintenance of all new
2389	state highways, wayside parks, access roads, welcome stations,
2390	and other state highway rights-of-way constructed upon or
2391	acquired after June 30, 2009 1992. The department shall develop
2392	a 5-year program for phasing in the use of Florida-friendly
2393	landscaping Xeriscape, including the use of solid waste compost,
2394	in state highway rights-of-way constructed upon or acquired
2395	before July 1, 2009 1992. In accomplishing these tasks, the
2396	department shall employ the guidelines set out in s.
2397	373.185(2)(a)-(f).
2398	(2)(a)  The Legislature finds that the use of Florida-
2399	friendly landscaping and other water use and pollution
2400	prevention measures that conserve or protect the state's water
2401	resources serves a compelling public interest and that the
2402	participation of homeowners' associations and local governments
2403	is essential to state water conservation and water quality
2404	protection and restoration efforts.
2405	(b)  A deed restriction or covenant entered after October
2406	1, 2001, or local government ordinance may not prohibit or be
2407	enforced to prohibit any property owner from implementing
2408	Xeriscape or Florida-friendly landscaping landscape on his or
2409	her land or create any requirement or limitation in conflict
2410	with any provision of part II of chapter 373 or a water shortage
2411	order, other order, consumptive use permit, or rule adopted or
2412	issued pursuant to part II of chapter 373.
2413	(c)  A local government ordinance may not prohibit or be
2414	enforced so as to prohibit any property owner from implementing
2415	Florida-friendly landscaping on his or her land.
2416	Section 36.  Paragraph (a) of subsection (3) of section
2417	380.061, Florida Statutes, is amended to read:
2418	380.061  The Florida Quality Developments program.--
2419	(3)(a)  To be eligible for designation under this program,
2420	the developer shall comply with each of the following
2421	requirements which is applicable to the site of a qualified
2422	development:
2423	1.  Have donated or entered into a binding commitment to
2424	donate the fee or a lesser interest sufficient to protect, in
2425	perpetuity, the natural attributes of the types of land listed
2426	below. In lieu of the above requirement, the developer may enter
2427	into a binding commitment which runs with the land to set aside
2428	such areas on the property, in perpetuity, as open space to be
2429	retained in a natural condition or as otherwise permitted under
2430	this subparagraph. Under the requirements of this subparagraph,
2431	the developer may reserve the right to use such areas for the
2432	purpose of passive recreation that is consistent with the
2433	purposes for which the land was preserved.
2434	a.  Those wetlands and water bodies throughout the state as
2435	would be delineated if the provisions of s. 373.4145(1)(b) were
2436	applied. The developer may use such areas for the purpose of
2437	site access, provided other routes of access are unavailable or
2438	impracticable; may use such areas for the purpose of stormwater
2439	or domestic sewage management and other necessary utilities to
2440	the extent that such uses are permitted pursuant to chapter 403;
2441	or may redesign or alter wetlands and water bodies within the
2442	jurisdiction of the Department of Environmental Protection which
2443	have been artificially created, if the redesign or alteration is
2444	done so as to produce a more naturally functioning system.
2445	b.  Active beach or primary and, where appropriate,
2446	secondary dunes, to maintain the integrity of the dune system
2447	and adequate public accessways to the beach. However, the
2448	developer may retain the right to construct and maintain
2449	elevated walkways over the dunes to provide access to the beach.
2450	c.  Known archaeological sites determined to be of
2451	significance by the Division of Historical Resources of the
2452	Department of State.
2453	d.  Areas known to be important to animal species
2454	designated as endangered or threatened animal species by the
2455	United States Fish and Wildlife Service or by the Fish and
2456	Wildlife Conservation Commission, for reproduction, feeding, or
2457	nesting; for traveling between such areas used for reproduction,
2458	feeding, or nesting; or for escape from predation.
2459	e.  Areas known to contain plant species designated as
2460	endangered plant species by the Department of Agriculture and
2461	Consumer Services.
2462	2.  Produce, or dispose of, no substances designated as
2463	hazardous or toxic substances by the United States Environmental
2464	Protection Agency or by the Department of Environmental
2465	Protection or the Department of Agriculture and Consumer
2466	Services. This subparagraph is not intended to apply to the
2467	production of these substances in nonsignificant amounts as
2468	would occur through household use or incidental use by
2469	businesses.
2470	3.  Participate in a downtown reuse or redevelopment
2471	program to improve and rehabilitate a declining downtown area.
2472	4.  Incorporate no dredge and fill activities in, and no
2473	stormwater discharge into, waters designated as Class II,
2474	aquatic preserves, or Outstanding Florida Waters, except as
2475	activities in those waters are permitted pursuant to s.
2476	403.813(2) and the developer demonstrates that those activities
2477	meet the standards under Class II waters, Outstanding Florida
2478	Waters, or aquatic preserves, as applicable.
2479	5.  Include open space, recreation areas, Florida-friendly
2480	landscaping Xeriscape as defined in s. 373.185, and energy
2481	conservation and minimize impermeable surfaces as appropriate to
2482	the location and type of project.
2483	6.  Provide for construction and maintenance of all onsite
2484	infrastructure necessary to support the project and enter into a
2485	binding commitment with local government to provide an
2486	appropriate fair-share contribution toward the offsite impacts
2487	which the development will impose on publicly funded facilities
2488	and services, except offsite transportation, and condition or
2489	phase the commencement of development to ensure that public
2490	facilities and services, except offsite transportation, will be
2491	available concurrent with the impacts of the development. For
2492	the purposes of offsite transportation impacts, the developer
2493	shall comply, at a minimum, with the standards of the state land
2494	planning agency's development-of-regional-impact transportation
2495	rule, the approved strategic regional policy plan, any
2496	applicable regional planning council transportation rule, and
2497	the approved local government comprehensive plan and land
2498	development regulations adopted pursuant to part II of chapter
2499	163.
2500	7.  Design and construct the development in a manner that
2501	is consistent with the adopted state plan, the applicable
2502	strategic regional policy plan, and the applicable adopted local
2503	government comprehensive plan.
2504	Section 37.  Subsection (3) of section 388.291, Florida
2505	Statutes, is amended to read:
2506	388.291  Source reduction measures; supervision by
2507	department.--
2508	(3)  Property owners in a developed residential area are
2509	required to maintain their property in such a manner so as not
2510	to create or maintain any standing freshwater condition capable
2511	of breeding mosquitoes or other arthropods in significant
2512	numbers so as to constitute a public health, welfare, or
2513	nuisance problem. Nothing in this subsection shall permit the
2514	alteration of permitted stormwater management systems or
2515	prohibit maintained fish ponds, Florida-friendly landscaping
2516	xeriscaping, or other maintained systems of landscaping or
2517	vegetation. If such a condition is found to exist, the local
2518	arthropod control agency shall serve notice on the property
2519	owner to treat, remove, or abate the condition. Such notice
2520	shall serve as prima facie evidence of maintaining a nuisance,
2521	and upon failure of the property owner to treat, remove, or
2522	abate the condition, the local arthropod control agency or any
2523	affected citizen may proceed pursuant to s. 60.05 to enjoin the
2524	nuisance and may recover costs and attorney's fees if they
2525	prevail in the action.
2526	Section 38.  Paragraph (a) of subsection (6) of section
2527	481.303, Florida Statutes, is amended to read:
2528	481.303  Definitions.--As used in this chapter:
2529	(6)  "Landscape architecture" means professional services,
2530	including, but not limited to, the following:
2531	(a)  Consultation, investigation, research, planning,
2532	design, preparation of drawings, specifications, contract
2533	documents and reports, responsible construction supervision, or
2534	landscape management in connection with the planning and
2535	development of land and incidental water areas, including the
2536	use of Florida-friendly landscaping Xeriscape as defined in s.
2537	373.185, where, and to the extent that, the dominant purpose of
2538	such services or creative works is the preservation,
2539	conservation, enhancement, or determination of proper land uses,
2540	natural land features, ground cover and plantings, or
2541	naturalistic and aesthetic values;
2542	Section 39.  Subsection (4) of section 720.3075, Florida
2543	Statutes, is amended to read:
2544	720.3075  Prohibited clauses in association documents.--
2545	(4)(a)  The Legislature finds that the use of Florida-
2546	friendly landscaping and other water use and pollution
2547	prevention measures that conserve or protect the state's water
2548	resources serves a compelling public interest and that the
2549	participation of homeowners' associations and local governments
2550	is essential to state water conservation and water quality
2551	protection and restoration efforts.
2552	(b)  Homeowners' association documents, including
2553	declarations of covenants, articles of incorporation, or bylaws,
2554	entered after October 1, 2001, may not prohibit or be enforced
2555	to prohibit any property owner from implementing Xeriscape or
2556	Florida-friendly landscaping landscape, as defined in s.
2557	373.185(1), on his or her land or create any requirement or
2558	limitation in conflict with any provision of part II of chapter
2559	373 or a water shortage order, other order, consumptive use
2560	permit, or rule adopted or issued pursuant to part II of chapter
2561	373.
2562	Section 40.  Subsection (6) of section 369.317, Florida
2563	Statutes, is amended to read:
2564	(6)  The Orlando-Orange County Expressway Authority is
2565	hereby granted the authority to act as a third-party acquisition
2566	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
2567	or chapter 373 on behalf of the governing board of the St. Johns
2568	River Water Management District, for the acquisition of all
2569	necessary lands, property and all interests in property
2570	identified herein, including fee simple or less-than-fee simple
2571	interests. The lands subject to this authority are identified in
2572	paragraph 10.a., State of Florida, Office of the Governor,
2573	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
2574	of the Wekiva Basin Area Task Force created by Executive Order
2575	2002-259, such lands otherwise known as Neighborhood Lakes, a
2576	1,587+/- acre parcel located in Orange and Lake Counties within
2577	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
2578	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
2579	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
2580	County within Section 37, Township 19 South, Range 28 East; New
2581	Garden Coal; a 1,605+/- acre parcel in Lake County within
2582	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
2583	East; Pine Plantation, a 617+/- acre tract consisting of eight
2584	individual parcels within the Apopka City limits. The Department
2585	of Transportation, the Department of Environmental Protection,
2586	the St. Johns River Water Management District, and other land
2587	acquisition entities shall participate and cooperate in
2588	providing information and support to the third-party acquisition
2589	agent. The land acquisition process authorized by this paragraph
2590	shall begin no later than December 31, 2004. Acquisition of the
2591	properties identified as Neighborhood Lakes, Pine Plantation,
2592	and New Garden Coal, or approval as a mitigation bank shall be
2593	concluded no later than December 31, 2010. Department of
2594	Transportation and Orlando-Orange County Expressway Authority
2595	funds expended to purchase an interest in those lands identified
2596	in this subsection shall be eligible as environmental mitigation
2597	for road construction related impacts in the Wekiva Study Area.
2598	If any of the lands identified in this subsection are used as
2599	environmental mitigation for road construction related impacts
2600	incurred by the Department of Transportation or Orlando-Orange
2601	County Expressway Authority, or for other impacts incurred by
2602	other entities, within the Wekiva Study Area or within the
2603	Wekiva parkway alignment corridor, and if the mitigation offsets
2604	these impacts, the St. Johns River Water Management District and
2605	the Department of Environmental Protection shall consider the
2606	activity regulated under part IV of chapter 373 to meet the
2607	cumulative impact requirements of s. 373.414(8)(a).
2608	(a)  Acquisition of the land described in this section is
2609	required to provide right of way for the Wekiva Parkway, a
2610	limited access roadway linking State Road 429 to Interstate 4,
2611	an essential component in meeting regional transportation needs
2612	to provide regional connectivity, improve safety, accommodate
2613	projected population and economic growth, and satisfy critical
2614	transportation requirements caused by increased traffic volume
2615	growth and travel demands.
2616	(b)  Acquisition of the lands described in this section is
2617	also required to protect the surface water and groundwater
2618	resources of Lake, Orange, and Seminole counties, otherwise
2619	known as the Wekiva Study Area, including recharge within the
2620	springshed that provides for the Wekiva River system. Protection
2621	of this area is crucial to the long term viability of the Wekiva
2622	River and springs and the central Florida region's water supply.
2623	Acquisition of the lands described in this section is also
2624	necessary to alleviate pressure from growth and development
2625	affecting the surface and groundwater resources within the
2626	recharge area.
2627	(c)  Lands acquired pursuant to this section that are
2628	needed for transportation facilities for the Wekiva Parkway
2629	shall be determined not necessary for conservation purposes
2630	pursuant to ss. 253.034(6) and 373.089(5) and shall be
2631	transferred to or retained by the Orlando-Orange County
2632	Expressway Authority or the Department of Transportation upon
2633	reimbursement of the full purchase price and acquisition costs.
2634	Section 41. (1)  Effective July 1, 2009, a task force is
2635	established to develop legislative recommendations relating to
2636	stormwater management system design in the state. The task force
2637	shall:
2638	(a)  Review the Joint Professional Engineers and Landscape
2639	Architecture Committee Report conducted pursuant to s. 17,
2640	chapter 88-347, Laws of Florida, and determine the current
2641	validity of the report and the need to revise any of the
2642	conclusions or recommendations.
2643	(b)  Determine how a licensed and registered professional
2644	might demonstrate competency for stormwater management system
2645	design.
2646	(c)  Determine how the Board of Professional Engineers and
2647	the Board of Landscape Architecture might administer
2648	certification tests or continuing education requirements for
2649	stormwater management system design.
2650	(d)  Provide recommendations for grandfathering the rights
2651	of licensed professionals who currently practice stormwater
2652	management design in a manner that will allow them to continue
2653	to practice without meeting any new requirements the task force
2654	recommends be placed on licensed professionals in the future.
2655	(2)(a)  The Board of Landscape Architecture, the Board of
2656	Professional Engineers, the Florida Engineering Society, the
2657	Florida Chapter of the American Society of Landscape Architects,
2658	the Secretary of Environmental Protection, and the Secretary of
2659	Transportation shall each appoint one member to the task force.
2660	(b)  Members of the task force may not be reimbursed for
2661	travel, per diem, or any other costs associated with serving on
2662	the task force.
2663	(c)  The task force shall meet a minimum of four times
2664	either in person or via teleconference; however, a minimum of
2665	two meetings shall be public hearings with testimony.
2666	(d)  The task force shall expire on November 1, 2009.
2667	(3)  The task force shall provide its findings and
2668	legislative recommendations to the President of the Senate and
2669	the Speaker of the House of Representatives by November 1, 2009.
2670	Section 42.  Subsections (1) and (3) of section 378.901,
2671	Florida Statutes, are amended to read:
2672	378.901  Life-of-the-mine permit.--
2673	(1)  As used in this section, the term:
2674	(a)  "Bureau" means the Bureau of Mining and Minerals
2675	Regulation Mine Reclamation of the Division of Water Resource
2676	Management of the Department of Environmental Protection.
2677	(b)  "Life-of-the-mine permit" means a permit authorizing
2678	activities regulated under part IV of chapter 373 and part IV of
2679	this chapter.
2680	(3)  The bureau may also issue life-of-the-mine permits to
2681	operators of limerock mines and sand mines as part of the
2682	consideration for conveyance to the Board of Trustees of the
2683	Internal Improvement Trust Fund of environmentally sensitive
2684	lands in an amount equal to or greater than the acreage included
2685	in the life-of-the-mine permit and provided such environmentally
2686	sensitive lands are contiguous to or within reasonable proximity
2687	to the lands included in the life-of-the-mine permit. In the
2688	event there exists evidence that any life-of-the-mine permit
2689	authorizing activities regulated under part IV of chapter 373 is
2690	proved to have a detrimental effect on a wellfield or wellfield
2691	protection area or will have a significant detrimental life
2692	safety or environmental effect, then the life-of-the-mine permit
2693	may be reopened.
2694	Section 43.  Subsection (6) of section 399.02, Florida
2695	Statutes, is amended to read:
2696	399.02  General requirements.--
2697	(6)  The department is empowered to carry out all of the
2698	provisions of this chapter relating to the inspection and
2699	regulation of elevators and to enforce the provisions of the
2700	Florida Building Code, except that updates to the code requiring
2701	modifications for heat sensors and electronic controls on
2702	existing elevators, as amended into the Safety Code for Existing
2703	Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
2704	enforced on elevators issued a certificate of operation by the
2705	department as of July 1, 2008, until such time as the elevator
2706	is replaced. This exception does not apply to any building for
2707	which a building permit was issued after July 1, 2008.
2708	Section 44.  Present subsection (7) of section 399.15,
2709	Florida Statutes, is redesignated as subsection (8), and a new
2710	subsection (7) is added to that section, to read:
2711	399.15  Regional emergency elevator access.--
2712	(7)  As an alternative to complying with the requirements
2713	of subsection (1), each building in this state which is required
2714	to meet the provisions of subsections (1) and (2) may instead
2715	provide for the installation of a uniform lock box that contains
2716	the keys to all elevators in the building which allow public
2717	access, including service and freight elevators. The uniform
2718	lock box must be keyed so as to allow all uniform lock boxes in
2719	each of the seven state emergency response regions to operate in
2720	fire emergency situations using one master key. The uniform lock
2721	box master key may be issued only to the fire department. The
2722	Division of State Fire Marshal of the Department of Financial
2723	Services shall enforce this subsection. The Department of
2724	Financial Services shall select the provider of the uniform lock
2725	box to be installed in each building in which the requirements
2726	of this subsection are implemented.
2727	Section 45.  Effective July 1, 2010, subsection (4) of
2728	section 468.8311, Florida Statutes, is amended to read:
2729	468.8311  Definitions.--As used in this part, the term:
2730	(4)  "Home inspection services" means a limited visual
2731	examination of one or more of the following readily accessible
2732	installed systems and components of a home: the structure,
2733	electrical system, HVAC system, roof covering, plumbing system,
2734	interior components, windows, doors, walls, floors, ceilings,
2735	exterior components, and site conditions that affect the
2736	structure, for the purposes of providing a written professional
2737	opinion of the condition of the home.
2738	Section 46.  Effective July 1, 2010, section 468.8312,
2739	Florida Statutes, is amended to read:
2740	468.8312  Fees.--
2741	(1)  The department, by rule, may establish fees to be paid
2742	for applications, examination, reexamination, licensing and
2743	renewal, inactive status application and reactivation of
2744	inactive licenses, recordkeeping, and applications for providers
2745	of continuing education. The department may also establish by
2746	rule a delinquency fee. Fees shall be based on department
2747	estimates of the revenue required to implement the provisions of
2748	this part. All fees shall be remitted with the appropriate
2749	application, examination, or license.
2750	(2)  The initial application and examination fee shall not
2751	exceed $250 $125 plus the actual per applicant cost to the
2752	department to purchase an examination, if the department chooses
2753	to purchase the examination. The examination fee shall be in an
2754	amount that covers the cost of obtaining and administering the
2755	examination and shall be refunded if the applicant is found
2756	ineligible to sit for the examination. The application fee shall
2757	be nonrefundable.
2758	(3)  The initial license fee shall not exceed $400 $200.
2759	(4)  The fee for a certificate of authorization shall not
2760	exceed $250 $125.
2761	(5)  The biennial renewal fee shall not exceed $400 $200.
2762	(6)  The fee for licensure by endorsement shall not exceed
2763	$400 $200.
2764	(7)  The fee for application for inactive status or for
2765	reactivation of an inactive license shall not exceed $400 $200.
2766	(8)  The fee for applications from providers of continuing
2767	education may not exceed $500.
2768	Section 47.  Effective July 1, 2010, section 468.8319,
2769	Florida Statutes, is amended to read:
2770	468.8319  Prohibitions; penalties.--
2771	(1)  A person A home inspector, a company that employs a
2772	home inspector, or a company that is controlled by a company
2773	that also has a financial interest in a company employing a home
2774	inspector may not:
2775	(a)  Practice or offer to practice home inspection services
2776	unless the person has complied with the provisions of this part;
2777	(b)  Use the name or title "certified home inspector,"
2778	"registered home inspector," "licensed home inspector," "home
2779	inspector," "professional home inspector," or any combination
2780	thereof unless the person has complied with the provisions of
2781	this part;
2782	(c)  Present as his or her own the license of another;
2783	(d)  Knowingly give false or forged evidence to the
2784	department or an employee thereof;
2785	(e)  Use or attempt to use a license that has been
2786	suspended or revoked;
2787	(f)  Perform or offer to perform, prior to closing, for any
2788	additional fee, any repairs to a home on which the inspector or
2789	the inspector's company has prepared a home inspection report.
2790	This paragraph does not apply to a home warranty company that is
2791	affiliated with or retains a home inspector to perform repairs
2792	pursuant to a claim made under a home warranty contract;
2793	(g)  Inspect for a fee any property in which the inspector
2794	or the inspector's company has any financial or transfer
2795	interest;
2796	(h)  Offer or deliver any compensation, inducement, or
2797	reward to any broker or agent therefor for the referral of the
2798	owner of the inspected property to the inspector or the
2799	inspection company; or
2800	(i)  Accept an engagement to make an omission or prepare a
2801	report in which the inspection itself, or the fee payable for
2802	the inspection, is contingent upon either the conclusions in the
2803	report, preestablished findings, or the close of escrow.
2804	(2)  Any person who is found to be in violation of any
2805	provision of this section commits a misdemeanor of the first
2806	degree, punishable as provided in s. 775.082 or s. 775.083.
2807	Section 48.  Effective July 1, 2010, section 468.832,
2808	Florida Statutes, is amended to read:
2809	468.832  Disciplinary proceedings.--
2810	(1)  The following acts constitute grounds for which the
2811	disciplinary actions in subsection (2) may be taken:
2812	(a)  Violation of any provision of this part or s.
2813	455.227(1);
2814	(b)  Attempting to procure a license to practice home
2815	inspection services by bribery or fraudulent misrepresentation;
2816	(c)  Having a license to practice home inspection services
2817	revoked, suspended, or otherwise acted against, including the
2818	denial of licensure, by the licensing authority of another
2819	state, territory, or country;
2820	(d)  Being convicted or found guilty of, or entering a plea
2821	of nolo contendere to, regardless of adjudication, a crime in
2822	any jurisdiction that directly relates to the practice of home
2823	inspection services or the ability to practice home inspection
2824	services;
2825	(e)  Making or filing a report or record that the licensee
2826	knows to be false, willfully failing to file a report or record
2827	required by state or federal law, willfully impeding or
2828	obstructing such filing, or inducing another person to impede or
2829	obstruct such filing. Such reports or records shall include only
2830	those that are signed in the capacity of a licensed home
2831	inspector;
2832	(f)  Advertising goods or services in a manner that is
2833	fraudulent, false, deceptive, or misleading in form or content;
2834	(g)  Engaging in fraud or deceit, or negligence,
2835	incompetency, or misconduct, in the practice of home inspection
2836	services;
2837	(h)  Failing to perform any statutory or legal obligation
2838	placed upon a licensed home inspector; violating any provision
2839	of this chapter, a rule of the department, or a lawful order of
2840	the department previously entered in a disciplinary hearing; or
2841	failing to comply with a lawfully issued subpoena of the
2842	department; or
2843	(i)  Practicing on a revoked, suspended, inactive, or
2844	delinquent license.
2845	(2)  When the department finds any licensee home inspector
2846	guilty of any of the grounds set forth in subsection (1), it may
2847	enter an order imposing one or more of the following penalties:
2848	(a)  Denial of an application for licensure.
2849	(b)  Revocation or suspension of a license.
2850	(c)  Imposition of an administrative fine not to exceed
2851	$5,000 for each count or separate offense.
2852	(d)  Issuance of a reprimand.
2853	(e)  Placement of the home inspector on probation for a
2854	period of time and subject to such conditions as the department
2855	may specify.
2856	(f)  Restriction of the authorized scope of practice by the
2857	home inspector.
2858	(3)  In addition to any other sanction imposed under this
2859	part, in any final order that imposes sanctions, the department
2860	may assess costs related to the investigation and prosecution of
2861	the case.
2862	Section 49.  Effective July 1, 2009, and notwithstanding
2863	section 4 of chapter 2007-236, section 468.8324, Florida
2864	Statutes, is amended to read:
2865	468.8324  Grandfather clause.--A person who performs home
2866	inspection services as defined in this part before July 1, 2010,
2867	may qualify to be licensed by the department as a home inspector
2868	if the person meets the licensure requirements of this part, and
2869	if the person: by July 1, 2010.
2870	(1)  Has received compensation as a home inspector for not
2871	less than 1 year prior to July 1, 2010; or
2872	(2)  Has performed no fewer than 50 home inspections and
2873	received compensation for such inspections prior to July 1,
2874	2010.
2875	Section 50.  Subsection (2) of section 627.711, Florida
2876	Statutes, is amended to read:
2877	627.711  Notice of premium discounts for hurricane loss
2878	mitigation; uniform mitigation verification inspection form.--
2879	(2)  By July 1, 2007, the Financial Services Commission
2880	shall develop by rule a uniform mitigation verification
2881	inspection form that shall be used by all insurers when
2882	submitted by policyholders for the purpose of factoring
2883	discounts for wind insurance. In developing the form, the
2884	commission shall seek input from insurance, construction, and
2885	building code representatives. Further, the commission shall
2886	provide guidance as to the length of time the inspection results
2887	are valid. An insurer shall accept as valid a uniform mitigation
2888	verification form certified by the Department of Financial
2889	Services or signed by:
2890	(a)  A hurricane mitigation inspector employed by an
2891	approved My Safe Florida Home wind certification entity;
2892	(b)  A building code inspector certified under s. 468.607;
2893	(c)  A general or residential contractor licensed under s.
2894	489.111;
2895	(d)  A professional engineer licensed under s. 471.015 who
2896	has passed the appropriate equivalency test of the Building Code
2897	Training Program as required by s. 553.841; or
2898	(e)  A professional architect licensed under s. 481.213.
2899	Section 51.  Subsection (6) of section 718.113, Florida
2900	Statutes, is repealed.
2901	Section 52.  Subsections (2), (8), and (9) of section
2902	553.37, Florida Statutes, are amended, and section (12) is added
2903	to that section, to read:
2904	553.37  Rules; inspections; and insignia.--
2905	(2)  The department shall adopt rules to address:
2906	(a)  Procedures and qualifications for approval of third-
2907	party plan review and inspection agencies and of those who
2908	perform inspections and plan reviews.
2909	(b)  Investigation of consumer complaints of noncompliance
2910	of manufactured buildings with the Florida Building Code and the
2911	Florida Fire Prevention Code.
2912	(c)  Issuance, cancellation, and revocation of any insignia
2913	issued by the department and procedures for auditing and
2914	accounting for disposition of them.
2915	(d)  Monitoring the manufacturers', inspection agencies',
2916	and plan review agencies' compliance with this part and the
2917	Florida Building Code. Monitoring may include, but is not
2918	limited to, performing audits of plans, inspections of
2919	manufacturing facilities and observation of the manufacturing
2920	and inspection process, and onsite inspections of buildings.
2921	(e)  The performance by the department and its designees
2922	and contractors of any other functions required by this part.
2923	(8)  The department, by rule, shall establish a schedule of
2924	fees to pay the cost of the administration and enforcement of
2925	this part. The rule may provide for manufacturers to pay fees to
2926	the administrator directly, including charges incurred for plans
2927	review and inspection services, via the Building Code
2928	Information System (BCIS) and for the administrator to disburse
2929	the funds as necessary.
2930	(9)  The department may delegate its enforcement authority
2931	to a state department having building construction
2932	responsibilities or a local government, and may enter into
2933	contracts for the performance of its administrative duties under
2934	this part. The department may delegate its plan review and
2935	inspection authority to one or more of the following in any
2936	combination:
2937	(a)  A state department having building construction
2938	responsibilities;
2939	(b)  A local government;
2940	(c)  An approved inspection agency;
2941	(d)  An approved plan review agency; or
2942	(e)  An agency of another state.
2943	(12)  Custom or one-of-a-kind prototype manufactured
2944	buildings are not required to have state approval, but must be
2945	in compliance with all local requirements of the governmental
2946	agency having jurisdiction at the installation site.
2947	Section 53.  Section 553.375, Florida Statutes, is amended
2948	to read:
2949	553.375  Recertification of manufactured buildings.--Prior
2950	to the relocation to a site that has a higher design wind speed,
2951	modification, or change of occupancy of a manufactured building
2952	within the state, the manufacturer, dealer, or owner thereof may
2953	apply to the department for recertification of that manufactured
2954	building. The department shall, by rule, provide what
2955	information the applicant must submit for recertification and
2956	for plan review and inspection of such manufactured buildings
2957	and shall establish fees for recertification. Upon a
2958	determination by the department that the manufactured building
2959	complies with the applicable building codes, the department
2960	shall issue a recertification insignia. A manufactured building
2961	that bears recertification insignia does not require any
2962	additional approval by an enforcement jurisdiction in which the
2963	building is sold or installed, and is considered to comply with
2964	all applicable codes. As an alternative to recertification by
2965	the department, the manufacturer, dealer, or owner of a
2966	manufactured building may seek appropriate permitting and a
2967	certificate of occupancy from the local jurisdiction in
2968	accordance with procedures generally applicable under the
2969	Florida Building Code.
2970	Section 54.  Subsections (7) and (9) of section 553.73,
2971	Florida Statutes, are amended, and subsection (14) is added to
2972	that section, to read:
2973	553.73  Florida Building Code.--
2974	(7)  Notwithstanding the provisions of subsection (3) or
2975	subsection (6), the commission may address issues identified in
2976	this subsection by amending the code pursuant only to the rule
2977	adoption procedures contained in chapter 120. Provisions of the
2978	Florida Building Code, including those contained in referenced
2979	standards and criteria, relating to wind resistance or the
2980	prevention of water intrusion may not be amended pursuant to
2981	this subsection to diminish those construction requirements;
2982	however, the commission may, subject to conditions in this
2983	subsection, amend the provisions to enhance those construction
2984	requirements. Following the approval of any amendments to the
2985	Florida Building Code by the commission and publication of the
2986	amendments on the commission's website, authorities having
2987	jurisdiction to enforce the Florida Building Code may enforce
2988	the amendments. The commission may approve amendments that are
2989	needed to address:
2990	(a)  Conflicts within the updated code;
2991	(b)  Conflicts between the updated code and the Florida
2992	Fire Prevention Code adopted pursuant to chapter 633;
2993	(c)  The omission of previously adopted Florida-specific
2994	amendments to the updated code if such omission is not supported
2995	by a specific recommendation of a technical advisory committee
2996	or particular action by the commission;
2997	(d)  Unintended results from the integration of previously
2998	adopted Florida-specific amendments with the model code;
2999	(e)  Equivalency of standards;
3000	(f)  The specific needs of state agencies when agency rules
3001	must be updated to reflect federal requirements relating to
3002	design criteria for public educational facilities and state-
3003	licensed facilities;
3004	(g)(e)  Changes to or inconsistencies with federal or state
3005	law; or
3006	(h)(f)  Adoption of an updated edition of the National
3007	Electrical Code if the commission finds that delay of
3008	implementing the updated edition causes undue hardship to
3009	stakeholders or otherwise threatens the public health, safety,
3010	and welfare.
3011	(9)  The following buildings, structures, and facilities
3012	are exempt from the Florida Building Code as provided by law,
3013	and any further exemptions shall be as determined by the
3014	Legislature and provided by law:
3015	(a)  Buildings and structures specifically regulated and
3016	preempted by the Federal Government.
3017	(b)  Railroads and ancillary facilities associated with the
3018	railroad.
3019	(c)  Nonresidential farm buildings on farms.
3020	(d)  Temporary buildings or sheds used exclusively for
3021	construction purposes.
3022	(e)  Mobile or modular structures used as temporary
3023	offices, except that the provisions of part II relating to
3024	accessibility by persons with disabilities shall apply to such
3025	mobile or modular structures.
3026	(f)  Those structures or facilities of electric utilities,
3027	as defined in s. 366.02, which are directly involved in the
3028	generation, transmission, or distribution of electricity.
3029	(g)  Temporary sets, assemblies, or structures used in
3030	commercial motion picture or television production, or any
3031	sound-recording equipment used in such production, on or off the
3032	premises.
3033	(h)  Storage sheds that are not designed for human
3034	habitation and that have a floor area of 720 square feet or less
3035	are not required to comply with the mandatory wind-borne-debris-
3036	impact standards of the Florida Building Code.
3037	(i)  Chickees constructed by the Miccosukee Tribe of
3038	Indians of Florida or the Seminole Tribe of Florida. As used in
3039	this paragraph, the term "chickee" means an open-sided wooden
3040	hut that has a thatched roof of palm or palmetto or other
3041	traditional materials, and that does not incorporate any
3042	electrical, plumbing, or other nonwood features.
3043	(j)  Family mausoleums that are prefabricated and assembled
3044	on site, or preassembled and delivered on site; that have walls,
3045	roofs, and a floor constructed of granite, marble, or reinforced
3046	concrete; and that do not exceed 250 square feet in area.
3047
3048	With the exception of paragraphs (a), (b), (c), and (f), in
3049	order to preserve the health, safety, and welfare of the public,
3050	the Florida Building Commission may, by rule adopted pursuant to
3051	chapter 120, provide for exceptions to the broad categories of
3052	buildings exempted in this section, including exceptions for
3053	application of specific sections of the code or standards
3054	adopted therein. The Department of Agriculture and Consumer
3055	Services shall have exclusive authority to adopt by rule,
3056	pursuant to chapter 120, exceptions to nonresidential farm
3057	buildings exempted in paragraph (c) when reasonably necessary to
3058	preserve public health, safety, and welfare. The exceptions must
3059	be based upon specific criteria, such as under-roof floor area,
3060	aggregate electrical service capacity, HVAC system capacity, or
3061	other building requirements. Further, the commission may
3062	recommend to the Legislature additional categories of buildings,
3063	structures, or facilities which should be exempted from the
3064	Florida Building Code, to be provided by law. The Florida
3065	Building Code does not apply to temporary housing provided by
3066	the Department of Corrections to any prisoner in the state
3067	correctional system.
3068	(14)  The Florida Building Code may not require that an
3069	existing air conditioning system installed on the surface of a
3070	roof as of July 1, 2009, be raised 18 inches up from the surface
3071	on which it is installed until such time as the system is
3072	replaced, and an agency or local government having authority to
3073	enforce the Florida Building Code or a local building code may
3074	not require otherwise.
3075	Section 55.  Subsection (2) of section 553.76, Florida
3076	Statutes, is amended to read:
3077	553.76  General powers of the commission.--The commission
3078	is authorized to:
3079	(2)  Issue memoranda of procedure for its internal
3080	management and control. The commission may adopt rules related
3081	to its consensus-based decisionmaking process, including, but
3082	not limited to, super majority voting requirements for
3083	commission actions relating to the adoption of amendments to or
3084	the adoption of the Florida Building Code.
3085	Section 56.  Subsection (4) of section 553.775, Florida
3086	Statutes, is amended to read:
3087	553.775  Interpretations.--
3088	(4)  In order to administer this section, the commission
3089	may adopt by rule and impose a fee for binding and nonbinding
3090	interpretations to recoup the cost of the proceedings which may
3091	not exceed $250 for each request for a review or interpretation.
3092	For proceedings conducted by or in coordination with a third-
3093	party, the rule may provide that payment be made directly to the
3094	third party, who shall remit to the department that portion of
3095	the fee necessary to cover the costs of the department.
3096	Section 57.  Subsection (9) of section 553.79, Florida
3097	Statutes, is amended to read:
3098	553.79  Permits; applications; issuance; inspections.--
3099	(9)  Any state agency whose enabling legislation authorizes
3100	it to enforce provisions of the Florida Building Code may enter
3101	into an agreement with any other unit of government to delegate
3102	its responsibility to enforce those provisions and may expend
3103	public funds for permit and inspection fees, which fees may be
3104	no greater than the fees charged others. Inspection services
3105	that are not required to be performed by a state agency under a
3106	federal delegation of responsibility or by a state agency under
3107	the Florida Building Code must be performed under the
3108	alternative plans review and inspection process created in s.
3109	553.791 or by a local governmental entity having authority to
3110	enforce the Florida Building Code.
3111	Section 58.  Section 553.841, Florida Statutes, is amended
3112	to read:
3113	553.841  Building code compliance and mitigation program.--
3114	(1)  The Legislature finds that knowledge and understanding
3115	by persons licensed in the design and construction industries of
3116	the importance and need for complying with the Florida Building
3117	Code is vital to the public health, safety, and welfare of this
3118	state, especially for mitigating damage caused by hurricanes to
3119	residents and visitors to the state. The Legislature further
3120	finds that the Florida Building Code can be effective only if
3121	all participants in the design and construction industries
3122	maintain a thorough knowledge of the code and additions thereto
3123	which improve construction standards to protect against storm
3124	and other damage. Consequently, the Legislature finds that there
3125	is a need for a program to provide ongoing education and
3126	outreach activities concerning compliance with the Florida
3127	Building Code and hurricane mitigation.
3128	(2)  The Department of Community Affairs shall administer a
3129	program, designated as the Florida Building Code Compliance and
3130	Mitigation Program, to develop, coordinate, and maintain
3131	education and outreach to persons required to comply with the
3132	Florida Building Code and ensure consistent education, training,
3133	and communication of the code's requirements, including, but not
3134	limited to, methods for mitigation of storm-related damage. The
3135	program shall also operate a clearinghouse through which design,
3136	construction, and building code enforcement licensees,
3137	suppliers, and consumers in this state may find others in order
3138	to exchange information relating to mitigation and facilitate
3139	repairs in the aftermath of a natural disaster.
3140	(3)  All services and materials under the Florida Building
3141	Code Compliance and Mitigation Program must be provided by a
3142	private, nonprofit corporation under contract with the
3143	department. The term of the contract shall be for 4 years, with
3144	the option of one 4-year renewal at the end of the contract
3145	term. The initial contract must be in effect no later than
3146	November 1, 2007. The private, nonprofit corporation must be an
3147	organization whose membership includes trade and professional
3148	organizations whose members consist primarily of persons and
3149	entities that are required to comply with the Florida Building
3150	Code and that are licensed under part XII of chapter 468,
3151	chapter 471, chapter 481, or chapter 489. When selecting the
3152	private, nonprofit corporation for the program, the department
3153	must give primary consideration to the corporation's
3154	demonstrated experience and the ability to:
3155	(a)  Develop and deliver building code-related education,
3156	training, and outreach;
3157	(b)  Directly access the majority of persons licensed in
3158	the occupations of design, construction, and building code
3159	enforcement individually and through established statewide trade
3160	and professional association networks;
3161	(c)  Serve as a clearinghouse to deliver education and
3162	outreach throughout the state. The clearinghouse must serve as a
3163	focal point at which persons licensed to design, construct, and
3164	enforce building codes and suppliers and consumers can find each
3165	other in order to exchange information relating to mitigation
3166	and facilitate repairs in the aftermath of a natural disaster;
3167	(d)  Accept input from the Florida Building Commission,
3168	licensing regulatory boards, local building departments, and the
3169	design and construction industries in order to improve its
3170	education and outreach programs; and
3171	(e)  Promote design and construction techniques and
3172	materials for mitigating hurricane damage at a Florida-based
3173	trade conference that includes participants from the broadest
3174	possible range of design and construction trades and
3175	professions, including from those private and public sector
3176	entities having jurisdiction over building codes and design and
3177	construction licensure.
3178	(4)  The department, in administering the Florida Building
3179	Code Compliance and Mitigation Program, shall maintain, update,
3180	develop, or cause to be developed,:
3181	(a)  A core curriculum that is prerequisite to the advanced
3182	module coursework.
3183	(b)  advanced modules designed for use by each profession.
3184	(c)  The core curriculum developed under this subsection
3185	must be submitted to the Department of Business and Professional
3186	Regulation for approval. Advanced modules developed under this
3187	paragraph must be approved by the commission and submitted to
3188	the respective boards for approval.
3189	(5)  The core curriculum shall cover the information
3190	required to have all categories of participants appropriately
3191	informed as to their technical and administrative
3192	responsibilities in the effective execution of the code process
3193	by all individuals currently licensed under part XII of chapter
3194	468, chapter 471, chapter 481, or chapter 489, except as
3195	otherwise provided in s. 471.017. The core curriculum shall be
3196	prerequisite to the advanced module coursework for all licensees
3197	and shall be completed by individuals licensed in all categories
3198	under part XII of chapter 468, chapter 471, chapter 481, or
3199	chapter 489 within the first 2-year period after initial
3200	licensure. Core course hours taken by licensees to complete this
3201	requirement shall count toward fulfillment of required
3202	continuing education units under part XII of chapter 468,
3203	chapter 471, chapter 481, or chapter 489.
3204	(5)(6)  Each biennium, upon receipt of funds by the
3205	Department of Community Affairs from the Construction Industry
3206	Licensing Board and the Electrical Contractors' Licensing Board
3207	provided under ss. 489.109(3) and 489.509(3), the department
3208	shall determine the amount of funds available for the Florida
3209	Building Code Compliance and Mitigation Program.
3210	(6)(7)  If the projects provided through the Florida
3211	Building Code Compliance and Mitigation Program in any state
3212	fiscal year do not require the use of all available funds, the
3213	unused funds shall be carried forward and allocated for use
3214	during the following fiscal year.
3215	(7)(8)  The Florida Building Commission shall provide by
3216	rule for the accreditation of courses related to the Florida
3217	Building Code by accreditors approved by the commission. The
3218	commission shall establish qualifications of accreditors and
3219	criteria for the accreditation of courses by rule. The
3220	commission may revoke the accreditation of a course by an
3221	accreditor if the accreditation is demonstrated to violate this
3222	part or the rules of the commission.
3223	(8)(9)  This section does not prohibit or limit the subject
3224	areas or development of continuing education or training on the
3225	Florida Building Code by any qualified entity.
3226	Section 59.  Subsections (1), (5), (8), and (17) of section
3227	553.842, Florida Statutes, are amended to read:
3228	553.842  Product evaluation and approval.--
3229	(1)  The commission shall adopt rules under ss. 120.536(1)
3230	and 120.54 to develop and implement a product evaluation and
3231	approval system that applies statewide to operate in
3232	coordination with the Florida Building Code. The commission may
3233	enter into contracts to provide for administration of the
3234	product evaluation and approval system. The commission's rules
3235	and any applicable contract may provide that payment of fees
3236	related to approvals be made directly to the administrator, who
3237	shall remit to the department that portion of the fee necessary
3238	to cover the department's costs. The product evaluation and
3239	approval system shall provide:
3240	(a)  Appropriate promotion of innovation and new
3241	technologies.
3242	(b)  Processing submittals of products from manufacturers
3243	in a timely manner.
3244	(c)  Independent, third-party qualified and accredited
3245	testing and laboratory facilities, product evaluation entities,
3246	quality assurance agencies, certification agencies, and
3247	validation entities.
3248	(d)  An easily accessible product acceptance list to
3249	entities subject to the Florida Building Code.
3250	(e)  Development of stringent but reasonable testing
3251	criteria based upon existing consensus standards, when
3252	available, for products.
3253	(f)  Long-term approvals, where feasible. State and local
3254	approvals will be valid until the requirements of the code on
3255	which the approval is based change, the product changes in a
3256	manner affecting its performance as required by the code, or the
3257	approval is revoked.
3258	(g)  Criteria for revocation of a product approval.
3259	(h)  Cost-effectiveness.
3260	(5)  Statewide approval of products, methods, or systems of
3261	construction may be achieved by one of the following methods.
3262	One of these methods must be used by the commission to approve
3263	the following categories of products: panel walls, exterior
3264	doors, roofing, skylights, windows, shutters, and structural
3265	components as established by the commission by rule.
3266	(a)  Products for which the code establishes standardized
3267	testing or comparative or rational analysis methods shall be
3268	approved by submittal and validation of one of the following
3269	reports or listings indicating that the product or method or
3270	system of construction was evaluated to be in compliance with
3271	the Florida Building Code and that the product or method or
3272	system of construction is, for the purpose intended, at least
3273	equivalent to that required by the Florida Building Code:
3274	1.  A certification mark or listing of an approved
3275	certification agency, which may be used only for products for
3276	which the code designates standardized testing;
3277	2.  A test report from an approved testing laboratory;
3278	3.  A product evaluation report based upon testing or
3279	comparative or rational analysis, or a combination thereof, from
3280	an approved product evaluation entity; or
3281	4.  A product evaluation report based upon testing or
3282	comparative or rational analysis, or a combination thereof,
3283	developed and signed and sealed by a professional engineer or
3284	architect, licensed in this state.
3285
3286	A product evaluation report or a certification mark or listing
3287	of an approved certification agency which demonstrates that the
3288	product or method or system of construction complies with the
3289	Florida Building Code for the purpose intended shall be
3290	equivalent to a test report and test procedure as referenced in
3291	the Florida Building Code. An application for state approval of
3292	a product under subparagraph 1. shall be approved by the
3293	department after the commission staff or a designee verifies
3294	within 10 days after receipt that the application and related
3295	documentation are complete. Upon approval by the department, the
3296	product shall be immediately added to the list of state-approved
3297	products maintained under subsection (13). Approvals by the
3298	department shall be reviewed and ratified by the commission's
3299	program oversight committee except for a showing of good cause.
3300	(b)  Products, methods, or systems of construction for
3301	which there are no specific standardized testing or comparative
3302	or rational analysis methods established in the code may be
3303	approved by submittal and validation of one of the following:
3304	1.  A product evaluation report based upon testing or
3305	comparative or rational analysis, or a combination thereof, from
3306	an approved product evaluation entity indicating that the
3307	product or method or system of construction was evaluated to be
3308	in compliance with the intent of the Florida Building Code and
3309	that the product or method or system of construction is, for the
3310	purpose intended, at least equivalent to that required by the
3311	Florida Building Code; or
3312	2.  A product evaluation report based upon testing or
3313	comparative or rational analysis, or a combination thereof,
3314	developed and signed and sealed by a professional engineer or
3315	architect, licensed in this state, who certifies that the
3316	product or method or system of construction is, for the purpose
3317	intended, at least equivalent to that required by the Florida
3318	Building Code.
3319	(8)  The commission may adopt rules to approve the
3320	following types of entities that produce information on which
3321	product approvals are based. All of the following entities,
3322	including engineers and architects, must comply with a
3323	nationally recognized standard demonstrating independence or no
3324	conflict of interest:
3325	(a)  Evaluation entities that meet the criteria for
3326	approval adopted by the commission by rule. The commission shall
3327	specifically approve the National Evaluation Service, the
3328	International Association of Plumbing and Mechanical Officials
3329	Evaluation Service the International Conference of Building
3330	Officials Evaluation Services, the International Code Council
3331	Evaluation Services, the Building Officials and Code
3332	Administrators International Evaluation Services, the Southern
3333	Building Code Congress International Evaluation Services, and
3334	the Miami-Dade County Building Code Compliance Office Product
3335	Control. Architects and engineers licensed in this state are
3336	also approved to conduct product evaluations as provided in
3337	subsection (5).
3338	(b)  Testing laboratories accredited by national
3339	organizations, such as A2LA and the National Voluntary
3340	Laboratory Accreditation Program, laboratories accredited by
3341	evaluation entities approved under paragraph (a), and
3342	laboratories that comply with other guidelines for testing
3343	laboratories selected by the commission and adopted by rule.
3344	(c)  Quality assurance entities approved by evaluation
3345	entities approved under paragraph (a) and by certification
3346	agencies approved under paragraph (d) and other quality
3347	assurance entities that comply with guidelines selected by the
3348	commission and adopted by rule.
3349	(d)  Certification agencies accredited by nationally
3350	recognized accreditors and other certification agencies that
3351	comply with guidelines selected by the commission and adopted by
3352	rule.
3353	(e)  Validation entities that comply with accreditation
3354	standards established by the commission by rule.
3355	(17)(a)  The Florida Building Commission shall review the
3356	list of evaluation entities in subsection (8) and, in the annual
3357	report required under s. 553.77, shall either recommend
3358	amendments to the list to add evaluation entities the commission
3359	determines should be authorized to perform product evaluations
3360	or shall report on the criteria adopted by rule or to be adopted
3361	by rule allowing the commission to approve evaluation entities
3362	that use the commission's product evaluation process. If the
3363	commission adopts criteria by rule, the rulemaking process must
3364	be completed by July 1, 2009.
3365	(b)  Notwithstanding paragraph (8)(a), the International
3366	Association of Plumbing and Mechanical Officials Evaluation
3367	Services is approved as an evaluation entity until October 1,
3368	2009. If the association does not obtain permanent approval by
3369	the commission as an evaluation entity by October 1, 2009,
3370	products approved on the basis of an association evaluation must
3371	be substituted by an alternative, approved entity by December
3372	31, 2009, and on January 1, 2010, any product approval issued by
3373	the commission based on an association evaluation is void.
3374	Section 60.  Subsection (4) is added to section 553.844,
3375	Florida Statutes, to read:
3376	553.844  Windstorm loss mitigation; requirements for roofs
3377	and opening protection.--
3378	(4)  Notwithstanding the provisions of this section,
3379	exposed mechanical equipment or appliances fastened to rated
3380	stands, platforms, curbs, or slabs are deemed to comply with the
3381	wind resistance requirements for wind-borne debris regions as
3382	defined in s. 1609.2, Buildings Volume, 2007 Florida Building
3383	Code, as amended, and no further support or enclosure may be
3384	required by a state or local official having authority to
3385	enforce the Florida Building Code. This subsection expires on
3386	December 31, 2011.
3387	Section 61.  Section 553.885, Florida Statutes, is amended
3388	to read:
3389	553.885  Carbon monoxide alarm required.--
3390	(1)  Every separate building or addition to an existing
3391	building, other than a hospital, an inpatient hospice facility,
3392	or a nursing home facility licensed by the Agency for Health
3393	Care Administration, constructed for which a building permit is
3394	issued for new construction on or after July 1, 2008, and having
3395	a fossil-fuel-burning heater or appliance, a fireplace, or an
3396	attached garage, or other feature, fixture, or element that
3397	emits carbon monoxide as a byproduct of combustion shall have an
3398	approved operational carbon monoxide alarm installed within 10
3399	feet of each room used for sleeping purposes in the new building
3400	or addition, or at such other locations as required by the
3401	Florida Building Code. The requirements of this subsection may
3402	be satisfied with the installation of a battery-powered carbon
3403	monoxide alarm or a battery-powered combination carbon monoxide
3404	and smoke alarm. For a new hospital, an inpatient hospice
3405	facility, or a nursing home facility licensed by the Agency for
3406	Health Care Administration, an approved operational carbon
3407	monoxide detector shall be installed inside or directly outside
3408	of each room or area within the hospital or facility where a
3409	fossil-fuel-burning heater, engine, or appliance is located.
3410	This detector shall be connected to the fire alarm system of the
3411	hospital or facility as a supervisory signal. This subsection
3412	does not apply to existing buildings that are undergoing
3413	alterations or repairs unless the alteration is an addition as
3414	defined in subsection (3).
3415	(2)  The Florida Building Commission shall adopt rules to
3416	administer this section and shall incorporate such requirements
3417	into its next revision of the Florida Building Code.
3418	(3)  As used in this section, the term:
3419	(a)  "Carbon monoxide alarm" means a device that is meant
3420	for the purpose of detecting carbon monoxide, that produces a
3421	distinct audible alarm, and that meets the requirements of and
3422	is approved by the Florida Building Commission.
3423	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
3424	or other petroleum or hydrocarbon product that emits carbon
3425	monoxide as a by-product of combustion.
3426	(c)  "Addition" means an extension or increase in floor
3427	area, number of stories, or height of a building or structure.
3428	Section 62.  Subsection (2) of section 553.9061, Florida
3429	Statutes, is amended to read:
3430	553.9061  Scheduled increases in thermal efficiency
3431	standards.--
3432	(2)  The Florida Building Commission shall identify within
3433	code support and compliance documentation the specific building
3434	options and elements available to meet the energy performance
3435	goals established in subsection (1). Energy efficiency
3436	performance options and elements include, but are not limited
3437	to:
3438	(a)  Energy-efficient water heating systems, including
3439	solar water heating.
3440	(b)  Energy-efficient appliances.
3441	(c)  Energy-efficient windows, doors, and skylights.
3442	(d)  Low solar-absorption roofs, also known as "cool
3443	roofs."
3444	(e)  Enhanced ceiling and wall insulation.
3445	(f)  Reduced-leak duct systems and energy-saving devices
3446	and features installed within duct systems.
3447	(g)  Programmable thermostats.
3448	(h)  Energy-efficient lighting systems.
3449	(i)  Energy-saving quality installation procedures for
3450	replacement air conditioning systems, including, but not limited
3451	to, equipment sizing analysis and duct testing.
3452	(j)  Shading devices, sunscreening materials, and
3453	overhangs.
3454	(k)  Weatherstripping, caulking, and sealing of exterior
3455	openings and penetrations.
3456	Section 63.  Paragraph (d) of subsection (3) of section
3457	468.609, Florida Statutes, is amended to read:
3458	468.609  Administration of this part; standards for
3459	certification; additional categories of certification.--
3460	(3)  A person may take the examination for certification as
3461	a building code administrator pursuant to this part if the
3462	person:
3463	(d)  After the building code training program is
3464	established under s. 553.841, demonstrates successful completion
3465	of the core curriculum approved by the Florida Building
3466	Commission, appropriate to the licensing category sought.
3467	Section 64.  Subsection (6) of section 468.627, Florida
3468	Statutes, is repealed.
3469	Section 65.  Section 471.0195, Florida Statutes, is amended
3470	to read:
3471	471.0195  Florida Building Code training for
3472	engineers.--All licensees actively participating in the design
3473	of engineering works or systems in connection with buildings,
3474	structures, or facilities and systems covered by the Florida
3475	Building Code shall take continuing education courses and submit
3476	proof to the board, at such times and in such manner as
3477	established by the board by rule, that the licensee has
3478	completed the core curriculum courses and any specialized or
3479	advanced courses on any portion of the Florida Building Code
3480	applicable to the licensee's area of practice or has passed the
3481	appropriate equivalency test of the Building Code Training
3482	Program as required by s. 553.841. The board shall record
3483	reported continuing education courses on a system easily
3484	accessed by code enforcement jurisdictions for evaluation when
3485	determining license status for purposes of processing design
3486	documents. Local jurisdictions shall be responsible for
3487	notifying the board when design documents are submitted for
3488	building construction permits by persons who are not in
3489	compliance with this section. The board shall take appropriate
3490	action as provided by its rules when such noncompliance is
3491	determined to exist.
3492	Section 66.  Subsection (5) of section 481.215, Florida
3493	Statutes, is repealed.
3494	Section 67.  Subsection (5) of section 481.313, Florida
3495	Statutes, is repealed.
3496	Section 68.  Paragraph (b) of subsection (4) of section
3497	489.115, Florida Statutes, is amended to read:
3498	489.115  Certification and registration; endorsement;
3499	reciprocity; renewals; continuing education.--
3500	(4)
3501	(b)1.  Each certificateholder or registrant shall provide
3502	proof, in a form established by rule of the board, that the
3503	certificateholder or registrant has completed at least 14
3504	classroom hours of at least 50 minutes each of continuing
3505	education courses during each biennium since the issuance or
3506	renewal of the certificate or registration. The board shall
3507	establish by rule that a portion of the required 14 hours must
3508	deal with the subject of workers' compensation, business
3509	practices, workplace safety, and, for applicable licensure
3510	categories, wind mitigation methodologies, and 1 hour of which
3511	must deal with laws and rules. The board shall by rule establish
3512	criteria for the approval of continuing education courses and
3513	providers, including requirements relating to the content of
3514	courses and standards for approval of providers, and may by rule
3515	establish criteria for accepting alternative nonclassroom
3516	continuing education on an hour-for-hour basis. The board shall
3517	prescribe by rule the continuing education, if any, which is
3518	required during the first biennium of initial licensure. A
3519	person who has been licensed for less than an entire biennium
3520	must not be required to complete the full 14 hours of continuing
3521	education.
3522	2.  In addition, the board may approve specialized
3523	continuing education courses on compliance with the wind
3524	resistance provisions for one and two family dwellings contained
3525	in the Florida Building Code and any alternate methodologies for
3526	providing such wind resistance which have been approved for use
3527	by the Florida Building Commission. Division I
3528	certificateholders or registrants who demonstrate proficiency
3529	upon completion of such specialized courses may certify plans
3530	and specifications for one and two family dwellings to be in
3531	compliance with the code or alternate methodologies, as
3532	appropriate, except for dwellings located in floodways or
3533	coastal hazard areas as defined in ss. 60.3D and E of the
3534	National Flood Insurance Program.
3535	3.  Each certificateholder or registrant shall provide to
3536	the board proof of completion of the core curriculum courses, or
3537	passing the equivalency test of the Building Code Training
3538	Program established under s. 553.841, specific to the licensing
3539	category sought, within 2 years after commencement of the
3540	program or of initial certification or registration, whichever
3541	is later. Classroom hours spent taking core curriculum courses
3542	shall count toward the number required for renewal of
3543	certificates or registration. A certificateholder or registrant
3544	who passes the equivalency test in lieu of taking the core
3545	curriculum courses shall receive full credit for core curriculum
3546	course hours.
3547	3.4.  The board shall require, by rule adopted pursuant to
3548	ss. 120.536(1) and 120.54, a specified number of hours in
3549	specialized or advanced module courses, approved by the Florida
3550	Building Commission, on any portion of the Florida Building
3551	Code, adopted pursuant to part IV of chapter 553, relating to
3552	the contractor's respective discipline.
3553	Section 69.  Subsection (1) of section 489.1455, Florida
3554	Statutes, is amended to read:
3555	489.1455  Journeyman; reciprocity; standards.--
3556	(1)  An individual who holds a valid, active journeyman
3557	license in the plumbing/pipe fitting, mechanical, or HVAC trades
3558	issued by any county or municipality in this state may work as a
3559	journeyman in the trade in which he or she is licensed in any
3560	county or municipality of this state without taking an
3561	additional examination or paying an additional license fee, if
3562	he or she:
3563	(a)  Has scored at least 70 percent, or after October 1,
3564	1997, at least 75 percent, on a proctored journeyman Block and
3565	Associates examination or other proctored examination approved
3566	by the board for the trade in which he or she is licensed;
3567	(b)  Has completed an apprenticeship program registered
3568	with the Department of Labor and Employment Security and
3569	demonstrates 4 years' verifiable practical experience in the
3570	trade for which he or she is licensed, or demonstrates 6 years'
3571	verifiable practical experience in the trade for which he or she
3572	is licensed;
3573	(c)  Has satisfactorily completed specialized and advanced
3574	module coursework approved by the Florida Building Commission,
3575	as part of the Building Code Training Program established in s.
3576	553.841, specific to the discipline, and successfully completed
3577	the program's core curriculum courses or passed an equivalency
3578	test in lieu of taking the core curriculum courses and provided
3579	proof of completion of such curriculum courses or examination
3580	and obtained a certificate from the board pursuant to this part
3581	or, pursuant to authorization by the certifying authority,
3582	provides proof of completion of such curriculum or coursework
3583	within 6 months after such certification; and
3584	(d)  Has not had a license suspended or revoked within the
3585	last 5 years.
3586	Section 70.  Subsection (3) of section 489.517, Florida
3587	Statutes, is amended to read:
3588	489.517  Renewal of certificate or registration; continuing
3589	education.--
3590	(3)(a)  Each certificateholder or registrant shall provide
3591	proof, in a form established by rule of the board, that the
3592	certificateholder or registrant has completed at least 14
3593	classroom hours of at least 50 minutes each of continuing
3594	education courses during each biennium since the issuance or
3595	renewal of the certificate or registration. The board shall by
3596	rule establish criteria for the approval of continuing education
3597	courses and providers and may by rule establish criteria for
3598	accepting alternative nonclassroom continuing education on an
3599	hour-for-hour basis.
3600	(b)  Each certificateholder or registrant shall provide to
3601	the board proof of completion of the core curriculum courses or
3602	passing the equivalency test of the Building Code Training
3603	Program established under s. 553.841, specific to the licensing
3604	category sought, within 2 years after commencement of the
3605	program or of initial certification or registration, whichever
3606	is later. Classroom hours spent taking core curriculum courses
3607	shall count toward the number required for renewal of
3608	certificate or registration. A certificateholder or registrant
3609	who passes the equivalency test in lieu of taking the core
3610	curriculum courses shall receive full credit for core curriculum
3611	course hours.
3612	Section 71.  For the purpose of incorporating the amendment
3613	made by this act to section 553.79, Florida Statutes, in a
3614	reference thereto, subsection (1) of section 553.80, Florida
3615	Statutes, is reenacted to read:
3616	553.80  Enforcement.--
3617	(1)  Except as provided in paragraphs (a)-(g), each local
3618	government and each legally constituted enforcement district
3619	with statutory authority shall regulate building construction
3620	and, where authorized in the state agency's enabling
3621	legislation, each state agency shall enforce the Florida
3622	Building Code required by this part on all public or private
3623	buildings, structures, and facilities, unless such
3624	responsibility has been delegated to another unit of government
3625	pursuant to s. 553.79(9).
3626	(a)  Construction regulations relating to correctional
3627	facilities under the jurisdiction of the Department of
3628	Corrections and the Department of Juvenile Justice are to be
3629	enforced exclusively by those departments.
3630	(b)  Construction regulations relating to elevator
3631	equipment under the jurisdiction of the Bureau of Elevators of
3632	the Department of Business and Professional Regulation shall be
3633	enforced exclusively by that department.
3634	(c)  In addition to the requirements of s. 553.79 and this
3635	section, facilities subject to the provisions of chapter 395 and
3636	part II of chapter 400 shall have facility plans reviewed and
3637	construction surveyed by the state agency authorized to do so
3638	under the requirements of chapter 395 and part II of chapter 400
3639	and the certification requirements of the Federal Government.
3640	(d)  Building plans approved under s. 553.77(3) and state-
3641	approved manufactured buildings, including buildings
3642	manufactured and assembled offsite and not intended for
3643	habitation, such as lawn storage buildings and storage sheds,
3644	are exempt from local code enforcing agency plan reviews except
3645	for provisions of the code relating to erection, assembly, or
3646	construction at the site. Erection, assembly, and construction
3647	at the site are subject to local permitting and inspections.
3648	Lawn storage buildings and storage sheds bearing the insignia of
3649	approval of the department are not subject to s. 553.842. Such
3650	buildings that do not exceed 400 square feet may be delivered
3651	and installed without need of a contractor's or specialty
3652	license.
3653	(e)  Construction regulations governing public schools,
3654	state universities, and community colleges shall be enforced as
3655	provided in subsection (6).
3656	(f)  The Florida Building Code as it pertains to toll
3657	collection facilities under the jurisdiction of the turnpike
3658	enterprise of the Department of Transportation shall be enforced
3659	exclusively by the turnpike enterprise.
3660	(g)  Construction regulations relating to secure mental
3661	health treatment facilities under the jurisdiction of the
3662	Department of Children and Family Services shall be enforced
3663	exclusively by the department in conjunction with the Agency for
3664	Health Care Administration's review authority under paragraph
3665	(c).
3666
3667	The governing bodies of local governments may provide a schedule
3668	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
3669	section, for the enforcement of the provisions of this part.
3670	Such fees shall be used solely for carrying out the local
3671	government's responsibilities in enforcing the Florida Building
3672	Code. The authority of state enforcing agencies to set fees for
3673	enforcement shall be derived from authority existing on July 1,
3674	1998. However, nothing contained in this subsection shall
3675	operate to limit such agencies from adjusting their fee schedule
3676	in conformance with existing authority.
3677	Section 72.  Paragraph (b) of subsection (3) of section
3678	633.0215, Florida Statutes, is amended, and subsection (13) is
3679	added to that section, to read:
3680	633.0215  Florida Fire Prevention Code.--
3681	(3)  No later than 180 days before the triennial adoption
3682	of the Florida Fire Prevention Code, the State Fire Marshal
3683	shall notify each municipal, county, and special district fire
3684	department of the triennial code adoption and steps necessary
3685	for local amendments to be included within the code. No later
3686	than 120 days before the triennial adoption of the Florida Fire
3687	Prevention Code, each local jurisdiction shall provide the State
3688	Fire Marshal with copies of its local fire code amendments. The
3689	State Fire Marshal has the option to process local fire code
3690	amendments that are received less than 120 days before the
3691	adoption date of the Florida Fire Prevention Code.
3692	(b)  Any local amendment to the Florida Fire Prevention
3693	Code adopted by a local government shall be effective only until
3694	the adoption of the new edition of the Florida Fire Prevention
3695	Code, which shall be every third year. At such time, the State
3696	Fire Marshal shall adopt such amendment as part of the Florida
3697	Fire Prevention Code or rescind the amendment. The State Fire
3698	Marshal shall immediately notify the respective local government
3699	of the rescission of the amendment and the reason for the
3700	rescission. After receiving such notice, the respective local
3701	government may readopt the rescinded amendment. Incorporation of
3702	local amendments as regional and local concerns and variations
3703	shall be considered as adoption of an amendment pursuant to this
3704	section part.
3705	(13)  The State Fire Marshal shall issue an expedited
3706	declaratory statement relating to interpretations of provisions
3707	of the Florida Fire Prevention Code according to the following
3708	guidelines:
3709	(a)  The declaratory statement shall be rendered in
3710	accordance with s. 120.565 except that a final decision shall be
3711	issued by the State Fire Marshal within 45 days after the
3712	division's receipt of a petition seeking an expedited
3713	declaratory statement. The State Fire Marshal shall give notice
3714	of the petition and the expedited declaratory statement or the
3715	denial of the petition in the next available issue of the
3716	Florida Administrative Weekly after the petition is filed and
3717	after the statement or denial is rendered.
3718	(b)  The petitioner must be the owner of the disputed
3719	project or the owner's representative.
3720	(c)  The petition for expedited declaratory statement must
3721	be:
3722	1.  Related to an active project that is under construction
3723	or must have been submitted for a permit;
3724	2.  The subject of a written notice citing a specific
3725	provision of the Florida Fire Prevention Code which is in
3726	dispute; and
3727	3.  Limited to a single question that is capable of being
3728	answered with a "yes" or "no" response.
3729
3730	A petition for declaratory statement which does not meet all of
3731	the requirements of this subsection must be denied without
3732	prejudice. This subsection does not affect the right of the
3733	petitioner as a substantially affected person to seek a
3734	declaratory statement under s. 633.01(6).
3735	Section 73.  Section 633.026, Florida Statutes, is amended
3736	to read:
3737	633.026  Legislative intent; informal interpretations of
3738	the Florida Fire Prevention Code.--It is the intent of the
3739	Legislature that the Florida Fire Prevention Code be interpreted
3740	by fire officials and local enforcement agencies in a manner
3741	that protects the public safety, health, and welfare by ensuring
3742	uniform interpretations throughout this state and by providing
3743	processes for resolving disputes regarding such interpretations
3744	which are just and expeditious. It is the intent of the
3745	Legislature that such processes provide for the expeditious
3746	resolution of the issues presented and that the resulting
3747	interpretation of such issues be published on the website of the
3748	Division of State Fire Marshal.
3749	(1)  The Division of State Fire Marshal shall by rule
3750	establish an informal process of rendering nonbinding
3751	interpretations of the Florida Fire Prevention Code. The
3752	Division of State Fire Marshal may contract with and refer
3753	interpretive issues to a nonprofit organization that has
3754	experience in interpreting and enforcing the Florida Fire
3755	Prevention Code. The Division of State Fire Marshal shall
3756	immediately implement the process prior to the completion of
3757	formal rulemaking. It is the intent of the Legislature that the
3758	Division of State Fire Marshal establish create a Fire Code
3759	Interpretation Committee composed of seven persons and seven
3760	alternates, equally representing each area of the state process
3761	to refer questions to a small group of individuals certified
3762	under s. 633.081(2), to which a party can pose questions
3763	regarding the interpretation of the Florida Fire Prevention Code
3764	provisions.
3765	(2)  Each member and alternate member of the Fire Code
3766	Interpretation Committee must be certified as a firesafety
3767	inspector pursuant to s. 633.081(2) and must have a minimum of 5
3768	years of experience interpreting and enforcing the Florida Fire
3769	Prevention Code and the Life Safety Code. Each member and
3770	alternate member must be approved by the Division of State Fire
3771	Marshal and deemed by the division to have met these
3772	requirements for at least 30 days before participating in a
3773	review of a nonbinding interpretation It is the intent of the
3774	Legislature that the process provide for the expeditious
3775	resolution of the issues presented and publication of the
3776	resulting interpretation on the website of the Division of State
3777	Fire Marshal. It is the intent of the Legislature that this
3778	program be similar to the program established by the Florida
3779	Building Commission in s. 553.775(3)(g).
3780	(3)  Each nonbinding interpretation of code provisions must
3781	be provided within 10 business days after receipt of a request
3782	for interpretation. The response period established in this
3783	subsection may be waived only with the written consent of the
3784	party requesting the nonbinding interpretation and the Division
3785	of State Fire Marshal. Nonbinding Such interpretations shall be
3786	advisory only and nonbinding on the parties or the State Fire
3787	Marshal.
3788	(4)  In order to administer this section, the Division of
3789	State Fire Marshal must charge department may adopt by rule and
3790	impose a fee for nonbinding interpretations, with payment made
3791	directly to the third party. The fee may not exceed $150 for
3792	each request for a review or interpretation. The division may
3793	authorize payment of fees directly to the nonprofit organization
3794	under contract pursuant to subsection (1).
3795	(5)  A party requesting a nonbinding interpretation who
3796	disagrees with the interpretation issued under this section may
3797	apply for a formal interpretation from the State Fire Marshal
3798	pursuant to s. 633.01(6).
3799	(6)  The Division of State Fire Marshall shall issue or
3800	cause to be issued a nonbinding interpretation of the Florida
3801	Fire Prevention Code pursuant to this section when requested to
3802	do so upon submission of a petition by the owner or the owner's
3803	representative, or the contractor or the contractor's
3804	representative, of a project in dispute, or by a fire official.
3805	The division shall adopt a petition form by rule and the
3806	petition form must be published on the State Fire Marshal's
3807	website. The form shall, at a minimum, require the following:
3808	(a)  The name and address of the local fire official,
3809	including the address of the county, municipal, or special
3810	district.
3811	(b)  The name and address of the owner or the owner's
3812	representative, or the contractor or the contractor's
3813	representative.
3814	(c)  A statement of the specific sections of the Florida
3815	Fire Prevention Code being interpreted by the local fire
3816	official.
3817	(d)  An explanation of how the petitioner's substantial
3818	interests are being affected by the local interpretation of the
3819	Florida Fire Prevention Code.
3820	(e)  A statement of the interpretation of the specific
3821	sections of the Florida Fire Prevention Code by the local fire
3822	official.
3823	(f)  A statement of the interpretation that the petitioner
3824	contends should be given to the specific sections of the Florida
3825	Fire Prevention Code and a statement supporting the petitioner's
3826	interpretation.
3827	(7)  Upon receipt of a petition that meets the requirements
3828	of subsection (6), the Division of State Fire Marshal shall
3829	immediately provide copies of the petition to the Fire Code
3830	Interpretation Committee, and shall publish the petition and any
3831	response submitted by the local fire official on the State Fire
3832	Marshal's website.
3833	(8)  The committee shall conduct proceedings as necessary
3834	to resolve the issues and give due regard to the petition, the
3835	facts of the matter at issue, specific code sections cited, and
3836	any statutory implications affecting the Florida Fire Prevention
3837	Code. The committee shall issue an interpretation regarding the
3838	provisions of the Florida Fire Prevention Code within 10 days
3839	after the filing of a petition. The committee shall issue an
3840	interpretation based upon the Florida Fire Prevention Code or,
3841	if the code is ambiguous, the intent of the code. The
3842	committee's interpretation shall be provided to the petitioner
3843	and shall include a notice that if the petitioner disagrees with
3844	the interpretation, the petitioner may file a request for formal
3845	interpretation by the State Fire Marshal under s. 633.01(6). The
3846	committee's interpretation shall be provided to the State Fire
3847	Marshal, and the division shall publish the interpretation on
3848	the State Fire Marshal's website and in the Florida
3849	Administrative Weekly.
3850	Section 74.  Section 633.081, Florida Statutes, is amended
3851	to read:
3852	633.081  Inspection of buildings and equipment; orders;
3853	firesafety inspection training requirements; certification;
3854	disciplinary action.--The State Fire Marshal and her or his
3855	agents shall, at any reasonable hour, when the State Fire
3856	Marshal department has reasonable cause to believe that a
3857	violation of this chapter or s. 509.215, or a rule promulgated
3858	thereunder, or a minimum firesafety code adopted by a local
3859	authority, may exist, inspect any and all buildings and
3860	structures which are subject to the requirements of this chapter
3861	or s. 509.215 and rules promulgated thereunder. The authority to
3862	inspect shall extend to all equipment, vehicles, and chemicals
3863	which are located within the premises of any such building or
3864	structure.
3865	(1)  Each county, municipality, and special district that
3866	has firesafety enforcement responsibilities shall employ or
3867	contract with a firesafety inspector. The firesafety inspector
3868	must conduct all firesafety inspections that are required by
3869	law. The governing body of a county, municipality, or special
3870	district that has firesafety enforcement responsibilities may
3871	provide a schedule of fees to pay only the costs of inspections
3872	conducted pursuant to this subsection and related administrative
3873	expenses. Two or more counties, municipalities, or special
3874	districts that have firesafety enforcement responsibilities may
3875	jointly employ or contract with a firesafety inspector.
3876	(2)  Every firesafety inspection conducted pursuant to
3877	state or local firesafety requirements shall be by a person
3878	certified as having met the inspection training requirements set
3879	by the State Fire Marshal. Such person shall:
3880	(a)  Be a high school graduate or the equivalent as
3881	determined by the department;
3882	(b)  Not have been found guilty of, or having pleaded
3883	guilty or nolo contendere to, a felony or a crime punishable by
3884	imprisonment of 1 year or more under the law of the United
3885	States, or of any state thereof, which involves moral turpitude,
3886	without regard to whether a judgment of conviction has been
3887	entered by the court having jurisdiction of such cases;
3888	(c)  Have her or his fingerprints on file with the
3889	department or with an agency designated by the department;
3890	(d)  Have good moral character as determined by the
3891	department;
3892	(e)  Be at least 18 years of age;
3893	(f)  Have satisfactorily completed the firesafety inspector
3894	certification examination as prescribed by the department; and
3895	(g)1.  Have satisfactorily completed, as determined by the
3896	department, a firesafety inspector training program of not less
3897	than 200 hours established by the department and administered by
3898	agencies and institutions approved by the department for the
3899	purpose of providing basic certification training for firesafety
3900	inspectors; or
3901	2.  Have received in another state training which is
3902	determined by the department to be at least equivalent to that
3903	required by the department for approved firesafety inspector
3904	education and training programs in this state.
3905	(3)  Each special state firesafety inspection which is
3906	required by law and is conducted by or on behalf of an agency of
3907	the state must be performed by an individual who has met the
3908	provision of subsection (2), except that the duration of the
3909	training program shall not exceed 120 hours of specific training
3910	for the type of property that such special state firesafety
3911	inspectors are assigned to inspect.
3912	(4)  A firefighter certified pursuant to s. 633.35 may
3913	conduct firesafety inspections, under the supervision of a
3914	certified firesafety inspector, while on duty as a member of a
3915	fire department company conducting inservice firesafety
3916	inspections without being certified as a firesafety inspector,
3917	if such firefighter has satisfactorily completed an inservice
3918	fire department company inspector training program of at least
3919	24 hours' duration as provided by rule of the department.
3920	(5)  Every firesafety inspector or special state firesafety
3921	inspector certificate is valid for a period of 3 years from the
3922	date of issuance. Renewal of certification shall be subject to
3923	the affected person's completing proper application for renewal
3924	and meeting all of the requirements for renewal as established
3925	under this chapter or by rule promulgated thereunder, which
3926	shall include completion of at least 40 hours during the
3927	preceding 3-year period of continuing education as required by
3928	the rule of the department or, in lieu thereof, successful
3929	passage of an examination as established by the department.
3930	(6)  The State Fire Marshal may deny, refuse to renew,
3931	suspend, or revoke the certificate of a firesafety inspector or
3932	special state firesafety inspector if it finds that any of the
3933	following grounds exist:
3934	(a)  Any cause for which issuance of a certificate could
3935	have been refused had it then existed and been known to the
3936	State Fire Marshal.
3937	(b)  Violation of this chapter or any rule or order of the
3938	State Fire Marshal.
3939	(c)  Falsification of records relating to the certificate.
3940	(d)  Having been found guilty of or having pleaded guilty
3941	or nolo contendere to a felony, whether or not a judgment of
3942	conviction has been entered.
3943	(e)  Failure to meet any of the renewal requirements.
3944	(f)  Having been convicted of a crime in any jurisdiction
3945	which directly relates to the practice of fire code inspection,
3946	plan review, or administration.
3947	(g)  Making or filing a report or record that the
3948	certificateholder knows to be false, or knowingly inducing
3949	another to file a false report or record, or knowingly failing
3950	to file a report or record required by state or local law, or
3951	knowingly impeding or obstructing such filing, or knowingly
3952	inducing another person to impede or obstruct such filing.
3953	(h)  Failing to properly enforce applicable fire codes or
3954	permit requirements within this state which the
3955	certificateholder knows are applicable by committing willful
3956	misconduct, gross negligence, gross misconduct, repeated
3957	negligence, or negligence resulting in a significant danger to
3958	life or property.
3959	(i)  Accepting labor, services, or materials at no charge
3960	or at a noncompetitive rate from any person who performs work
3961	that is under the enforcement authority of the certificateholder
3962	and who is not an immediate family member of the
3963	certificateholder. For the purpose of this paragraph, the term
3964	"immediate family member" means a spouse, child, parent,
3965	sibling, grandparent, aunt, uncle, or first cousin of the person
3966	or the person's spouse or any person who resides in the primary
3967	residence of the certificateholder.
3968	(7)  The Division of State Fire Marshal and the Florida
3969	Building Code Administrator and Inspectors Board, established
3970	pursuant to s. 468.605, shall enter into a reciprocity agreement
3971	to facilitate joint recognition of continuing education
3972	recertification hours for certificateholders licensed under s.
3973	468.609 and firesafety inspectors certified under subsection
3974	(2).
3975	(8)(7)  The department shall provide by rule for the
3976	certification of firesafety inspectors.
3977	Section 75.  Section 633.352, Florida Statutes, is amended
3978	to read:
3979	633.352  Retention of firefighter certification.--Any
3980	certified firefighter who has not been active as a firefighter,
3981	or as a volunteer firefighter with an organized fire department,
3982	for a period of 3 years shall be required to retake the
3983	practical portion of the minimum standards state examination
3984	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
3985	Administrative Code, in order to maintain her or his
3986	certification as a firefighter; however, this requirement does
3987	not apply to state-certified firefighters who are certified and
3988	employed as full-time firesafety inspectors or firesafety
3989	instructors, regardless of the firefighter's employment status
3990	as determined by the division. The 3-year period begins on the
3991	date the certificate of compliance is issued or upon termination
3992	of service with an organized fire department.
3993	Section 76.  Paragraph (e) of subsection (2) and
3994	subsections (3), (10), and (11) of section 633.521, Florida
3995	Statutes, are amended to read:
3996	633.521  Certificate application and issuance; permit
3997	issuance; examination and investigation of applicant.--
3998	(2)
3999	(e)  An applicant may not be examined more than four times
4000	during 1 year for certification as a contractor pursuant to this
4001	section unless the person is or has been certified and is taking
4002	the examination to change classifications. If an applicant does
4003	not pass one or more parts of the examination, she or he may
4004	take any part of the examination three more times during the 1-
4005	year period beginning upon the date she or he originally filed
4006	an application to take the examination. If the applicant does
4007	not pass the examination within that 1-year period, she or he
4008	must file a new application and pay the application and
4009	examination fees in order to take the examination or a part of
4010	the examination again. However, the applicant may not file a new
4011	application sooner than 6 months after the date of her or his
4012	last examination. An applicant who passes the examination but
4013	does not meet the remaining qualifications as provided in
4014	applicable statutes and rules within 1 year after the
4015	application date must file a new application, pay the
4016	application and examination fee, successfully complete a
4017	prescribed training course approved by the State Fire College or
4018	an equivalent court approved by the State Fire Marshal, and
4019	retake and pass the written examination.
4020	(3)(a)  As a prerequisite to taking the examination for
4021	certification as a Contractor I, Contractor II, or Contractor
4022	III, the applicant must be at least 18 years of age, be of good
4023	moral character, and shall possess 4 years' proven experience in
4024	the employment of a fire protection system Contractor I,
4025	Contractor II, or Contractor III or a combination of equivalent
4026	education and experience in both water-based and chemical fire
4027	suppression systems.
4028	(b)  As a prerequisite to taking the examination for
4029	certification as a Contractor II, the applicant must be at least
4030	18 years of age, be of good moral character, and have 4 years of
4031	verifiable employment experience with a fire protection system
4032	as a Contractor I or Contractor II, or a combination of
4033	equivalent education and experience in water-based fire
4034	suppression systems.
4035	(c)  Required education and experience for certification as
4036	a Contractor I, Contractor II, Contractor III, or Contractor IV
4037	includes training and experience in both installation and system
4038	layout as defined in s. 633.021.
4039	(d)  As a prerequisite to taking the examination for
4040	certification as a Contractor III, the applicant must be at
4041	least 18 years of age, be of good moral character, and have 4
4042	years of verifiable employment experience with a fire protection
4043	system as a Contractor I or Contractor II, or a combination of
4044	equivalent education and experience in chemical fire suppression
4045	systems.
4046	(e)  As a prerequisite to taking the examination for
4047	certification as a Contractor IV, the applicant must shall be at
4048	least 18 years old, be of good moral character, be licensed as a
4049	certified plumbing contractor under chapter 489, and
4050	successfully complete a training program acceptable to the State
4051	Fire Marshal of not less than 40 contact hours regarding the
4052	applicable installation standard used by the Contractor IV as
4053	described in NFPA 13D. The State Fire Marshal may adopt rules to
4054	administer this subsection have at least 2 years' proven
4055	experience in the employment of a fire protection system
4056	Contractor I, Contractor II, Contractor III, or Contractor IV or
4057	combination of equivalent education and experience which
4058	combination need not include experience in the employment of a
4059	fire protection system contractor.
4060	(f)  As a prerequisite to taking the examination for
4061	certification as a Contractor V, the applicant must shall be at
4062	least 18 years old, be of good moral character, and have been
4063	licensed as a certified underground utility and excavation
4064	contractor or certified plumbing contractor pursuant to chapter
4065	489, have verification by an individual who is licensed as a
4066	certified utility contractor or certified plumbing contractor
4067	pursuant to chapter 489 that the applicant has 4 years' proven
4068	experience in the employ of a certified underground utility and
4069	excavation contractor or certified plumbing contractor, or have
4070	a combination of education and experience equivalent to 4 years'
4071	proven experience in the employ of a certified underground
4072	utility and excavation contractor or certified plumbing
4073	contractor.
4074	(g)  Within 30 days after the date of the examination, the
4075	State Fire Marshal shall inform the applicant in writing whether
4076	she or he has qualified or not and, if the applicant has
4077	qualified, that she or he is ready to issue a certificate of
4078	competency, subject to compliance with the requirements of
4079	subsection (4).
4080	(10)  Effective July 1, 2008, the State Fire Marshal shall
4081	require the National Institute of Certification in Engineering
4082	Technologies (NICET), Sub-field of Inspection and Testing of
4083	Fire Protection Systems Level II or equivalent training and
4084	education as determined by the division as proof that the
4085	permitholders are knowledgeable about nationally accepted
4086	standards for the inspection of fire protection systems. It is
4087	the intent of this act, from July 1, 2005, until July 1, 2008,
4088	to accept continuing education of all certificateholders'
4089	employees who perform inspection functions which specifically
4090	prepares the permitholder to qualify for NICET II certification.
4091	(11)  It is intended that a certificateholder, or a
4092	permitholder who is employed by a certificateholder, conduct
4093	inspections required by this chapter. It is understood that
4094	after July 1, 2008, employee turnover may result in a depletion
4095	of personnel who are certified under the NICET Sub-field of
4096	Inspection and Testing of Fire Protection Systems Level II or
4097	equivalent training and education as required by the Division of
4098	State Fire Marshal which is required for permitholders. The
4099	extensive training and experience necessary to achieve NICET
4100	Level II certification is recognized. A certificateholder may
4101	therefore obtain a provisional permit with an endorsement for
4102	inspection, testing, and maintenance of water-based fire
4103	extinguishing systems for an employee if the employee has
4104	initiated procedures for obtaining Level II certification from
4105	the National Institute for Certification in Engineering
4106	Technologies Sub-field of Inspection and Testing of Fire
4107	Protection Systems and achieved Level I certification or an
4108	equivalent level as determined by the State Fire Marshal through
4109	verification of experience, training, and examination. The State
4110	Fire Marshal may establish rules to administer this subsection.
4111	After 2 years of provisional certification, the employee must
4112	have achieved NICET Level II certification, or obtain equivalent
4113	training and education as determined by the division, or cease
4114	performing inspections requiring Level II certification. The
4115	provisional permit is valid only for the 2 calendar years after
4116	the date of issuance, may not be extended, and is not renewable.
4117	After the initial 2-year provisional permit expires, the
4118	certificateholder must wait 2 additional years before a new
4119	provisional permit may be issued. The intent is to prohibit the
4120	certificateholder from using employees who never reach NICET
4121	Level II, or equivalent training and education as determined by
4122	the division, status by continuously obtaining provisional
4123	permits.
4124	Section 77.  Subsection (3) is added to section 633.524,
4125	Florida Statutes, to read:
4126	633.524  Certificate and permit fees; use and deposit of
4127	collected funds.--
4128	(3)  The State Fire Marshal may enter into a contract with
4129	any qualified public entity or private company in accordance
4130	with chapter 287 to provide examinations for any applicant for
4131	any examination administered under the jurisdiction of the State
4132	Fire Marshal. The State Fire Marshal may direct payments from
4133	each applicant for each examination directly to such contracted
4134	entity or company.
4135	Section 78.  Subsection (4) of section 633.537, Florida
4136	Statutes, is amended to read:
4137	633.537  Certificate; expiration; renewal; inactive
4138	certificate; continuing education.--
4139	(4)  The renewal period for the permit class is the same as
4140	that for the employing certificateholder. The continuing
4141	education requirements for permitholders are what is required to
4142	maintain NICET Sub-field of Inspection and Testing of Fire
4143	Protection Systems Level II, equivalent training and education
4144	as determined by the division, or higher certification plus 8
4145	contact hours of continuing education approved by the State Fire
4146	Marshal during each biennial renewal period thereafter. The
4147	continuing education curriculum from July 1, 2005, until July 1,
4148	2008, shall be the preparatory curriculum for NICET II
4149	certification; after July 1, 2008, the technical curriculum is
4150	at the discretion of the State Fire Marshal and may be used to
4151	meet the maintenance of NICET Level II certification and 8
4152	contact hours of continuing education requirements. It is the
4153	responsibility of the permitholder to maintain NICET II
4154	certification or equivalent training and education as determined
4155	by the division as a condition of permit renewal after July 1,
4156	2008.
4157	Section 79.  Subsection (4) of section 633.72, Florida
4158	Statutes, is amended to read:
4159	633.72  Florida Fire Code Advisory Council.--
4160	(4)  Each appointee shall serve a 4-year term. No member
4161	shall serve more than two consecutive terms one term. No member
4162	of the council shall be paid a salary as such member, but each
4163	shall receive travel and expense reimbursement as provided in s.
4164	112.061.
4165	Section 80.  Section 553.509, Florida Statutes, is amended
4166	to read:
4167	553.509  Vertical accessibility.--
4168	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
4169	be construed to relieve the owner of any building, structure, or
4170	facility governed by those sections from the duty to provide
4171	vertical accessibility to all levels above and below the
4172	occupiable grade level, regardless of whether the guidelines
4173	require an elevator to be installed in such building, structure,
4174	or facility, except for:
4175	(1)(a)  Elevator pits, elevator penthouses, mechanical
4176	rooms, piping or equipment catwalks, and automobile lubrication
4177	and maintenance pits and platforms;
4178	(2)(b)  Unoccupiable spaces, such as rooms, enclosed
4179	spaces, and storage spaces that are not designed for human
4180	occupancy, for public accommodations, or for work areas; and
4181	(3)(c)  Occupiable spaces and rooms that are not open to
4182	the public and that house no more than five persons, including,
4183	but not limited to, equipment control rooms and projection
4184	booths.
4185	(2)(a)  Any person, firm, or corporation that owns,
4186	manages, or operates a residential multifamily dwelling,
4187	including a condominium, that is at least 75 feet high and
4188	contains a public elevator, as described in s. 399.035(2) and
4189	(3) and rules adopted by the Florida Building Commission, shall
4190	have at least one public elevator that is capable of operating
4191	on an alternate power source for emergency purposes. Alternate
4192	power shall be available for the purpose of allowing all
4193	residents access for a specified number of hours each day over a
4194	5-day period following a natural disaster, manmade disaster,
4195	emergency, or other civil disturbance that disrupts the normal
4196	supply of electricity. The alternate power source that controls
4197	elevator operations must also be capable of powering any
4198	connected fire alarm system in the building.
4199	(b)  At a minimum, the elevator must be appropriately
4200	prewired and prepared to accept an alternate power source and
4201	must have a connection on the line side of the main disconnect,
4202	pursuant to National Electric Code Handbook, Article 700. In
4203	addition to the required power source for the elevator and
4204	connected fire alarm system in the building, the alternate power
4205	supply must be sufficient to provide emergency lighting to the
4206	interior lobbies, hallways, and other portions of the building
4207	used by the public. Residential multifamily dwellings must have
4208	an available generator and fuel source on the property or have
4209	proof of a current contract posted in the elevator machine room
4210	or other place conspicuous to the elevator inspector affirming a
4211	current guaranteed service contract for such equipment and fuel
4212	source to operate the elevator on an on-call basis within 24
4213	hours after a request. By December 31, 2006, any person, firm or
4214	corporation that owns, manages, or operates a residential
4215	multifamily dwelling as defined in paragraph (a) must provide to
4216	the local building inspection agency verification of engineering
4217	plans for residential multifamily dwellings that provide for the
4218	capability to generate power by alternate means. Compliance with
4219	installation requirements and operational capability
4220	requirements must be verified by local building inspectors and
4221	reported to the county emergency management agency by December
4222	31, 2007.
4223	(c)  Each newly constructed residential multifamily
4224	dwelling, including a condominium, that is at least 75 feet high
4225	and contains a public elevator, as described in s. 399.035(2)
4226	and (3) and rules adopted by the Florida Building Commission,
4227	must have at least one public elevator that is capable of
4228	operating on an alternate power source for the purpose of
4229	allowing all residents access for a specified number of hours
4230	each day over a 5-day period following a natural disaster,
4231	manmade disaster, emergency, or other civil disturbance that
4232	disrupts the normal supply of electricity. The alternate power
4233	source that controls elevator operations must be capable of
4234	powering any connected fire alarm system in the building. In
4235	addition to the required power source for the elevator and
4236	connected fire alarm system, the alternate power supply must be
4237	sufficient to provide emergency lighting to the interior
4238	lobbies, hallways, and other portions of the building used by
4239	the public. Engineering plans and verification of operational
4240	capability must be provided by the local building inspector to
4241	the county emergency management agency before occupancy of the
4242	newly constructed building.
4243	(d)  Each person, firm, or corporation that is required to
4244	maintain an alternate power source under this subsection shall
4245	maintain a written emergency operations plan that details the
4246	sequence of operations before, during, and after a natural or
4247	manmade disaster or other emergency situation. The plan must
4248	include, at a minimum, a lifesafety plan for evacuation,
4249	maintenance of the electrical and lighting supply, and
4250	provisions for the health, safety, and welfare of the residents.
4251	In addition, the owner, manager, or operator of the residential
4252	multifamily dwelling must keep written records of any contracts
4253	for alternative power generation equipment. Also, quarterly
4254	inspection records of lifesafety equipment and alternate power
4255	generation equipment must be posted in the elevator machine room
4256	or other place conspicuous to the elevator inspector, which
4257	confirm that such equipment is properly maintained and in good
4258	working condition, and copies of contracts for alternate power
4259	generation equipment shall be maintained on site for
4260	verification. The written emergency operations plan and
4261	inspection records shall also be open for periodic inspection by
4262	local and state government agencies as deemed necessary. The
4263	owner or operator must keep a generator key in a lockbox posted
4264	at or near any installed generator unit.
4265	(e)  Multistory affordable residential dwellings for
4266	persons age 62 and older that are financed or insured by the
4267	United States Department of Housing and Urban Development must
4268	make every effort to obtain grant funding from the Federal
4269	Government or the Florida Housing Finance Corporation to comply
4270	with this subsection. If an owner of such a residential dwelling
4271	cannot comply with the requirements of this subsection, the
4272	owner must develop a plan with the local emergency management
4273	agency to ensure that residents are evacuated to a place of
4274	safety in the event of a power outage resulting from a natural
4275	or manmade disaster or other emergency situation that disrupts
4276	the normal supply of electricity for an extended period of time.
4277	A place of safety may include, but is not limited to, relocation
4278	to an alternative site within the building or evacuation to a
4279	local shelter.
4280	(f)  As a part of the annual elevator inspection required
4281	under s. 399.061, certified elevator inspectors shall confirm
4282	that all installed generators required by this chapter are in
4283	working order, have current inspection records posted in the
4284	elevator machine room or other place conspicuous to the elevator
4285	inspector, and that the required generator key is present in the
4286	lockbox posted at or near the installed generator. If a building
4287	does not have an installed generator, the inspector shall
4288	confirm that the appropriate prewiring and switching
4289	capabilities are present and that a statement is posted in the
4290	elevator machine room or other place conspicuous to the elevator
4291	inspector affirming a current guaranteed contract exists for
4292	contingent services for alternate power is current for the
4293	operating period.
4294
4295	However, buildings, structures, and facilities must, as a
4296	minimum, comply with the requirements in the Americans with
4297	Disabilities Act Accessibility Guidelines.
4298	Section 81.  The Florida Building Commission is directed to
4299	adjust the Florida Building Code for consistency with the
4300	revisions to s. 399.02, Florida Statutes, by this act.
4301	Section 82.  This act shall take effect July 1, 2009.

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