CS/HB 663

1	A bill to be entitled
2	An act relating to building safety; amending s. 399.02,
3	F.S.; exempting certain elevators from provisions
4	requiring modifications to certain elevator controls;
5	amending s. 399.15, F.S.; providing an alternative method
6	to allow access to regional emergency elevators; providing
7	for a uniform lock box; providing for a master key;
8	providing the Division of State Fire Marshal with
9	enforcement authority; directing the Department of
10	Financial Services to select the provider of the uniform
11	lock box; amending s. 468.8311, F.S.; revising the term
12	"home inspection services"; amending s. 468.8312, F.S.;
13	deleting a fee provision for certain certificates of
14	authorization; amending s. 468.8313, F.S.; revising
15	examination requirements for licensure as a home
16	inspector; providing application fingerprinting
17	requirements and procedures; providing for applicant
18	responsibility for certain costs; amending s. 468.8318,
19	F.S.; revising requirements and procedures for
20	certification of corporations and partnerships offering
21	home inspection services to the public; deleting
22	provisions relating to required certificates of
23	authorization; specifying application and prospective
24	operation of certain provisions; amending s. 468.8319,
25	F.S.; revising certain prohibitions with respect to
26	providers of home inspection services; amending s.
27	468.832, F.S.; providing an additional ground for taking
28	certain disciplinary actions; amending s. 468.8324, F.S.;
29	specifying additional requirements for licensure as a home
30	inspector; creating s. 468.8325, F.S.; requiring the
31	department to adopt rules to administer pt. XV, ch. 468,
32	F.S., relating to home inspectors; amending s. 468.8412,
33	F.S.; deleting a fee provision for certain biennial
34	certificates of authorization renewal; amending s.
35	468.8413, F.S.; revising examination requirements and
36	procedures for licensure as a mold assessor or mold
37	remediator; amending s. 468.8414, F.S.; specifying an
38	additional applicant qualification criterion for licensure
39	by endorsement; amending s. 468.8418, F.S.; revising
40	requirements and procedures for certification of
41	corporations and partnerships offering mold assessment or
42	mold remediation services to the public; deleting
43	provisions relating to required certificates of
44	authorization; specifying application and prospective
45	operation of certain provisions; amending s. 468.842,
46	F.S.; providing an additional ground for taking certain
47	disciplinary actions; amending s. 468.8421, F.S.;
48	specifying an insurance coverage requirement for mold
49	assessors; amending s. 468.8423, F.S.; specifying
50	additional requirements for licensure as a mold assessor
51	or mold remediator; creating s. 468.8424, F.S.; requiring
52	the department to adopt rules to administer pt. XVI, ch.
53	468, F.S., relating to mold-related services; amending s.
54	489.103, F.S.; conforming a cross-reference; amending s.
55	553.37, F.S.; authorizing manufacturers to pay inspection
56	fees directly to the provider of inspection services;
57	providing requirements for department rules regarding the
58	schedule of fees; authorizing the department to enter into
59	contracts for the performance of certain administrative
60	duties; revising inspection requirements for certain
61	custom manufactured buildings; amending s. 553.375, F.S.;
62	revising the requirement for recertification of
63	manufactured buildings prior to relocation; amending s.
64	553.509, F.S.; deleting certain requirements for alternate
65	power sources for elevators for purposes of operating
66	during an emergency; amending s. 553.512, F.S.; requiring
67	the Florida Building Commission to establish by rule a fee
68	for certain waiver requests; amending s. 553.73, F.S.;
69	conforming cross-references; authorizing counties and
70	municipalities to adopt by ordinance administrative or
71	technical amendments to the Florida Building Code for
72	certain flood-related purposes; specifying requirements
73	and procedures; revising foundation code adoption
74	requirements; authorizing the Florida Building Commission
75	to approve amendments relating to equivalency of
76	standards; authorizing the commission to approve
77	amendments necessary to accommodate state agency rules to
78	meet federal requirements for design criteria relating to
79	public educational facilities and state-licensed
80	facilities; exempting certain mausoleums from the
81	requirements of the Florida Building Code; exempting
82	certain temporary housing provided by the Department of
83	Corrections from the requirements of the Florida Building
84	Code; restricting the code, code enforcement agencies, and
85	local governments from imposing requirements on certain
86	mechanical equipment on roofs; requiring that the Florida
87	Building Code contain certain requirements regarding
88	illumination in classroom units; requiring that classroom
89	units be designed to provide and maintain an average of 40
90	foot-candles of light at each desktop; requiring that
91	public educational facilities consider using light-
92	emitting diode lighting before considering other lighting
93	sources; amending s. 553.74, F.S.; specifying absence of
94	impermissible conflicts of interest for certain committee
95	or workgroup members while representing clients under
96	certain circumstances; specifying certain prohibited
97	activities for such members; amending s. 553.76, F.S.;
98	authorizing the Florida Building Commission to adopt rules
99	related to consensus-building decisionmaking; amending s.
100	553.775, F.S.; conforming a cross-reference; authorizing
101	the commission to charge a fee for filing certain requests
102	and for nonbinding interpretations; amending s. 553.79,
103	F.S.; requiring certain inspection services to be
104	performed under the alternative plans review and
105	inspection process or by a local governmental entity;
106	reenacting s. 553.80(1), F.S., relating to the enforcement
107	of the Florida Building Code, to incorporate the
108	amendments made to s. 553.79, F.S., in a reference
109	thereto; amending s. 553.80, F.S.; specifying
110	nonapplicability of certain exemptions from the Florida
111	Building Code granted by certain enforcement entities
112	under certain circumstances; amending s. 553.841, F.S.;
113	deleting provisions requiring that the Department of
114	Community Affairs maintain, update, develop, or cause to
115	be developed a core curriculum for persons who enforce the
116	Florida Building Code; amending s. 553.842, F.S.;
117	authorizing rules requiring the payment of product
118	evaluation fees directly to the administrator of the
119	product evaluation and approval system; specifying the use
120	of such fees; authorizing the Florida Building Commission
121	to provide by rule for editorial revisions to certain
122	approvals and charge certain fees; providing requirements
123	for the approval of applications for state approval of a
124	product; providing for certain approved products to be
125	immediately added to the list of state-approved products;
126	requiring that the commission's oversight committee review
127	approved products; revising the list of approved
128	evaluation entities; deleting obsolete provisions
129	governing evaluation entities; amending s. 553.844, F.S.;
130	providing an exemption from the requirements regarding
131	roof and opening protections for certain exposed
132	mechanical equipment or appliances; providing for future
133	expiration; amending s. 553.885, F.S.; revising
134	requirements for carbon monoxide alarms; providing an
135	exception for buildings undergoing alterations or repairs;
136	defining the term "addition" as it relates to the
137	requirement of a carbon monoxide alarm; amending s.
138	553.9061, F.S.; revising the energy efficiency performance
139	options and elements identified by the commission for
140	purposes of meeting certain goals; amending s. 553.909,
141	F.S.; revising a compliance criterion for certain swimming
142	pool pumps or water heaters; revising requirements for
143	residential swimming pool pumps and pump motors; amending
144	s. 553.912, F.S.; providing requirements for replacement
145	air-conditioning systems; amending s. 627.711, F.S.;
146	conforming provisions to changes made by the act in which
147	core curriculum courses relating to the Florida Building
148	Code are deleted; amending s. 633.021, F.S.; providing
149	additional definitions for fire equipment dealers;
150	revising the definition of the term "preengineered
151	systems"; amending s. 633.0215, F.S.; providing guidelines
152	for the State Fire Marshal to apply when issuing an
153	expedited declaratory statement; requiring that the State
154	Fire Marshal issue an expedited declaratory statement
155	under certain circumstances; providing requirements for a
156	petition requesting an expedited declaratory statement;
157	exempting certain condominiums from installing manual fire
158	alarm systems; amending s. 633.0245, F.S.; conforming
159	cross-references; amending s. 633.026, F.S.; providing
160	legislative intent; providing for the establishment of the
161	Fire Code Interpretation Committee; providing for the
162	membership of the committee and requirements for
163	membership; requiring that nonbinding interpretations of
164	the Florida Fire Prevention Code be issued within a
165	specified period after a request is received; providing
166	for the waiver of such requirement under certain
167	conditions; requiring that the Division of State Fire
168	Marshal charge a fee for nonbinding interpretations;
169	providing that fees may be paid directly to a contract
170	provider; providing requirements for requesting a
171	nonbinding interpretation; requiring that the Division of
172	State Fire Marshal develop a form for submitting a
173	petition for a nonbinding interpretation; providing for a
174	formal interpretation by the State Fire Marshal; requiring
175	that an interpretation of the Florida Fire Prevention Code
176	be published on the division's website and in the Florida
177	Administrative Weekly; amending s. 626.061, F.S.;
178	authorizing certain fire equipment dealer licensees to
179	maintain inactive license status under certain
180	circumstances; providing requirements; providing for a
181	renewal fee; revising an applicant licensure qualification
182	requirement; amending s. 633.081, F.S.; requiring that the
183	State Fire Marshal inspect a building when the State Fire
184	Marshal, rather than the Department of Financial Services,
185	has cause to believe a violation has occurred; requiring
186	that the Division of State Fire Marshal and the Florida
187	Building Code Administrators and Inspectors Board enter
188	into a reciprocity agreement for purposes of recertifying
189	building code inspectors, plan inspectors, building code
190	administrators, and firesafety inspectors; requiring that
191	the State Fire Marshal develop by rule an advanced
192	training and certification program for firesafety
193	inspectors who have fire code management responsibilities;
194	requiring that the program be consistent with certain
195	standards and establish minimum training, education, and
196	experience levels for such firesafety inspectors; amending
197	s. 633.352, F.S.; providing an exception to requirements
198	for recertification as a firefighter; amending s. 633.521,
199	F.S.; revising requirements for certification as a fire
200	protection system contractor; revising the prerequisites
201	for taking the certification examination; authorizing the
202	State Fire Marshal to accept more than one source of
203	professional certification; revising legislative intent;
204	amending s. 633.524, F.S.; authorizing the State Fire
205	Marshal to enter into contracts for examination services;
206	providing for the direct payment of examination fees to
207	contract providers; amending s. 633.537, F.S.; revising
208	the continuing education requirements for certain
209	permitholders; amending 633.72, F.S.; revising the terms
210	of service for members of the Fire Code Advisory Council;
211	repealing s. 718.113(6), F.S., relating to requirements
212	for 5-year inspections of certain condominium
213	improvements; directing the Florida Building Commission to
214	conform provisions of the Florida Building Code with
215	revisions made by the act relating to the operation of
216	elevators; providing an effective date.
217
218	Be It Enacted by the Legislature of the State of Florida:
219
220	Section 1.  Subsection (6) of section 399.02, Florida
221	Statutes, is amended to read:
222	399.02  General requirements.-
223	(6)  The department is empowered to carry out all of the
224	provisions of this chapter relating to the inspection and
225	regulation of elevators and to enforce the provisions of the
226	Florida Building Code, except that provisions of and any updates
227	to the code requiring modifications for Phase II Firefighters'
228	Services controls on existing elevators, as amended into the
229	Safety Code for Existing Elevators and Escalators, ANSI/ASME
230	A17.1 and A17.3, may not be enforced on elevators issued a
231	certificate of operation by the department before July 1, 2009,
232	until the elevator is replaced. This exception does not apply to
233	any building for which a building permit was issued on or after
234	July 1, 2009.
235	Section 2.  Present subsection (7) of section 399.15,
236	Florida Statutes, is renumbered as subsection (8), and a new
237	subsection (7) is added to that section to read:
238	399.15  Regional emergency elevator access.-
239	(7)  As an alternative to complying with the requirements
240	of subsection (1), each building in this state which is required
241	to meet the provisions of subsections (1) and (2) may instead
242	provide for the installation of a uniform lock box that contains
243	the keys to all elevators in the building allowing public
244	access, including service and freight elevators. The uniform
245	lock box must be keyed to allow all uniform lock boxes in each
246	of the seven state emergency response regions to operate in fire
247	emergency situations using one master key. The master key for
248	the uniform lock shall be issued only to the fire department.
249	The Division of State Fire Marshal of the Department of
250	Financial Services shall enforce this subsection. The Department
251	of Financial Services shall select the provider of the uniform
252	lock box to be installed in each building in which the
253	requirements of this subsection are implemented.
254	Section 3.  Subsection (4) of section 468.8311, Florida
255	Statutes, is amended to read:
256	468.8311  Definitions.-As used in this part, the term:
257	(4)  "Home inspection services" means a limited visual
258	examination of one or more of the following readily accessible
259	installed systems and components of a home: the structure,
260	electrical system, HVAC system, roof covering, plumbing system,
261	interior components, exterior components, and site conditions
262	that affect the structure, for the purposes of providing a
263	written professional opinion of the condition of the home.
264	Section 4.  Subsections (4) through (8) of section
265	468.8312, Florida Statutes, are amended to read:
266	468.8312  Fees.-
267	(4)  The fee for a certificate of authorization shall not
268	exceed $125.
269	(4)(5)  The biennial renewal fee shall not exceed $200.
270	(5)(6)  The fee for licensure by endorsement shall not
271	exceed $200.
272	(6)(7)  The fee for application for inactive status or for
273	reactivation of an inactive license shall not exceed $200.
274	(7)(8)  The fee for applications from providers of
275	continuing education may not exceed $500.
276	Section 5.  Subsections (1) and (2) of section 468.8313,
277	Florida Statutes, are amended, subsection (6) of that section is
278	renumbered as subsection (7) and amended, and a new subsection
279	(6) is added to that section, to read:
280	468.8313  Examinations.-
281	(1)  A person desiring to be licensed as a home inspector
282	shall apply to the department after he or she satisfies the
283	examination requirements of this part to take a licensure
284	examination.
285	(2)  An applicant shall be entitled to take the licensure
286	examination for the purpose of determining whether he or she is
287	qualified to practice in this state as a home inspector if the
288	applicant has passed the required examination, is of good moral
289	character, and has completed a course of study of at least no
290	less than 120 hours that covers all of the following components
291	of a home: structure, electrical system, HVAC system, roof
292	covering, plumbing system, interior components, exterior
293	components, and site conditions that affect the structure.
294	(6)  An applicant for a license shall submit, together with
295	the application, a complete set of electronic fingerprints in a
296	form and manner required by the department. The department shall
297	submit the fingerprints to the Department of Law Enforcement for
298	processing. The Department of Law Enforcement shall forward the
299	fingerprints to the Federal Bureau of Investigation for a level
300	2 background check pursuant to s. 435.04. The department shall
301	review the background results to determine if an applicant meets
302	the requirements for licensure. The applicant is responsible for
303	the cost associated with processing the fingerprints. The
304	authorized agencies or vendors shall collect such fees and pay
305	for the processing costs due to the Department of Law
306	Enforcement.
307	(7)(6)  The department may adopt rules pursuant to ss.
308	120.536(1) and 120.54 to implement the provisions of this
309	section.
310	Section 6.  Section 468.8318, Florida Statutes, is amended
311	to read:
312	468.8318  Certification of corporations and partnerships.-
313	(1)  The department shall issue a certificate of
314	authorization to a corporation or partnership offering home
315	inspection services to the public if the corporation or
316	partnership satisfies all of the requirements of this part.
317	(2)  The practice of or the offer to practice home
318	inspection services by licensees through a corporation or
319	partnership offering home inspection services to the public, or
320	by a corporation or partnership offering such services to the
321	public through licensees under this part as agents, employees,
322	officers, or partners, is permitted subject to the provisions of
323	this part, provided that all personnel of the corporation or
324	partnership who act in its behalf as home inspectors in this
325	state are licensed as provided by this part; and further
326	provided that the corporation or partnership has been issued a
327	certificate of authorization by the department as provided in
328	this section. Nothing in this section shall be construed to
329	allow a corporation to hold a license to practice home
330	inspection services. No corporation or partnership shall be
331	relieved of responsibility for the conduct or acts of its
332	agents, employees, or officers by reason of its compliance with
333	this section, nor shall any individual practicing home
334	inspection services be relieved of responsibility for
335	professional services performed by reason of his or her
336	employment or relationship with a corporation or partnership.
337	(3)  For the purposes of this section, a certificate of
338	authorization shall be required for a corporation, partnership,
339	association, or person practicing under a fictitious name and
340	offering home inspection services to the public; however, when
341	an individual is practicing home inspection services in his or
342	her own given name, he or she shall not be required to register
343	under this section.
344	(4)  Each certificate of authorization shall be renewed
345	every 2 years. Each partnership and corporation certified under
346	this section shall notify the department within 1 month of any
347	change in the information contained in the application upon
348	which the certification is based.
349	(5)  Disciplinary action against a corporation or
350	partnership shall be administered in the same manner and on the
351	same grounds as disciplinary action against a licensed home
352	inspector.
353	Section 7.  Notwithstanding the effective date of July 1,
354	2010, provided by section 4 of chapter 2007-235, Laws of
355	Florida, the provisions of paragraphs (a) and (b) of subsection
356	(1) of section 468.8319, Florida Statutes, shall apply and
357	operate prospectively from July 1, 2011.
358	Section 8.  Paragraphs (f) and (g) of subsection (1) of
359	section 468.8319, Florida Statutes, are amended to read:
360	468.8319  Prohibitions; penalties.-
361	(1)  A home inspector, a company that employs a home
362	inspector, or a company that is controlled by a company that
363	also has a financial interest in a company employing a home
364	inspector may not:
365	(f)  Perform or offer to perform, prior to closing, for any
366	additional fee, any repairs to a home on which the inspector or
367	the inspector's company has prepared a home inspection report.
368	This paragraph does not apply to a home warranty company that is
369	affiliated with or retains a home inspector to perform repairs
370	pursuant to a claim made under a home warranty contract;
371	(g)  Inspect for a fee any property in which the inspector
372	or the inspector's company has any financial or transfer
373	interest;
374	Section 9.  Subsection (1) of section 468.832, Florida
375	Statutes, is amended to read:
376	468.832  Disciplinary proceedings.-
377	(1)  The following acts constitute grounds for which the
378	disciplinary actions in subsection (2) may be taken:
379	(a)  Violation of any provision of this part or s.
380	455.227(1).;
381	(b)  Attempting to procure a license to practice home
382	inspection services by bribery or fraudulent misrepresentation.;
383	(c)  Having a license to practice home inspection services
384	revoked, suspended, or otherwise acted against, including the
385	denial of licensure, by the licensing authority of another
386	state, territory, or country.;
387	(d)  Being convicted or found guilty of, or entering a plea
388	of nolo contendere to, regardless of adjudication, a crime in
389	any jurisdiction that directly relates to the practice of home
390	inspection services or the ability to practice home inspection
391	services.;
392	(e)  Making or filing a report or record that the licensee
393	knows to be false, willfully failing to file a report or record
394	required by state or federal law, willfully impeding or
395	obstructing such filing, or inducing another person to impede or
396	obstruct such filing. Such reports or records shall include only
397	those that are signed in the capacity of a licensed home
398	inspector.;
399	(f)  Advertising goods or services in a manner that is
400	fraudulent, false, deceptive, or misleading in form or content.;
401	(g)  Engaging in fraud or deceit, or negligence,
402	incompetency, or misconduct, in the practice of home inspection
403	services.;
404	(h)  Failing to perform any statutory or legal obligation
405	placed upon a licensed home inspector; violating any provision
406	of this chapter, a rule of the department, or a lawful order of
407	the department previously entered in a disciplinary hearing; or
408	failing to comply with a lawfully issued subpoena of the
409	department.; or
410	(i)  Practicing on a revoked, suspended, inactive, or
411	delinquent license.
412	(j)  Failing to meet any standard of practice adopted by
413	the department.
414	Section 10.  Section 468.8324, Florida Statutes, is amended
415	to read:
416	468.8324  Grandfather clause.-A person who performs home
417	inspection services as defined in this part may qualify to be
418	licensed by the department as a home inspector if the person
419	submits an application to the department postmarked on or before
420	March 1, 2011, that shows the applicant: meets the licensure
421	requirements of this part by July 1, 2010.
422	(1)(a)  Has been certified as a home inspector by a state
423	or national association that required successful completion of a
424	proctored examination on home inspection, as defined in this
425	part, and has completed at least 14 hours of verifiable
426	education on home inspection; or
427	(b)  Has at least 3 years of experience as a home inspector
428	at the time of application and has completed 14 hours of
429	verifiable education on home inspection. Applicants must provide
430	120 home inspection reports based on home inspections, as
431	defined in this part, to establish the required 3 years of
432	experience. The department may conduct investigations regarding
433	the validity of home inspection reports submitted pursuant to
434	this paragraph and may take disciplinary action pursuant to s.
435	468.832 for filing false reports.
436	(2)  Has not, within 5 years after the date of application,
437	had a home inspector license or a license in a related field
438	revoked, suspended, or assessed a fine in excess of $500. For
439	purposes of this part, a license in a related field includes,
440	but is not limited to, licensure in real estate, construction,
441	mold remediation, mold assessment, or building code
442	administration or inspection.
443	(3)  Submits to and is not disqualified by the results of
444	the criminal background check required under s. 468.8313.
445	(4)  Is of good moral character as defined in s. 468.8313.
446	(5)  Has general liability insurance as required in s.
447	468.8322.
448	Section 11.  Section 468.8325, Florida Statutes, is created
449	to read:
450	468.8325  Rulemaking.-The department shall adopt rules to
451	administer this part.
452	Section 12.  Subsections (6) through (10) of section
453	468.8412, Florida Statutes, are amended to read:
454	468.8412  Fees.-
455	(6)  The fee for a biennial certificate of authorization
456	renewal shall not exceed $400.
457	(6)(7)  The fee for licensure by endorsement shall not
458	exceed $200.
459	(7)(8)  The fee for application for inactive status shall
460	not exceed $100.
461	(8)(9)  The fee for reactivation of an inactive license
462	shall not exceed $200.
463	(9)(10)  The fee for applications from providers of
464	continuing education may not exceed $500.
465	Section 13.  Subsections (1) and (2) of section 468.8413,
466	Florida Statutes, are amended to read:
467	468.8413  Examinations.-
468	(1)  A person desiring to be licensed as a mold assessor or
469	mold remediator shall apply to the department after he or she
470	satisfies the examination requirements of this part to take a
471	licensure examination.
472	(2)  An applicant is qualified shall be entitled to take
473	the licensure examination to practice in this state as a mold
474	assessor or mold remediator if the applicant has passed the
475	required examination, is of good moral character, and has
476	satisfied one of the following requirements:
477	(a)1.  For a mold remediator, at least an associate of arts
478	or equivalent a 2-year degree and has completed at least 30
479	semester hours in microbiology, engineering, architecture,
480	industrial hygiene, occupational safety, or a related field of
481	science from an accredited institution and a minimum of 1 year
482	of documented field experience in a field related to mold
483	remediation; or
484	2.  A high school diploma or the equivalent with a minimum
485	of 4 years of documented field experience in a field related to
486	mold remediation.
487	(b)1.  For a mold assessor, at least an associate of arts
488	or equivalent a 2-year degree and has completed at least 30
489	semester hours in microbiology, engineering, architecture,
490	industrial hygiene, occupational safety, or a related field of
491	science from an accredited institution and a minimum of 1 year
492	of documented field experience in conducting microbial sampling
493	or investigations; or
494	2.  A high school diploma or the equivalent with a minimum
495	of 4 years of documented field experience in conducting
496	microbial sampling or investigations.
497	Section 14.  Subsection (3) of section 468.8414, Florida
498	Statutes, is amended to read:
499	468.8414  Licensure.-
500	(3)  The department shall certify as qualified for a
501	license by endorsement an applicant who:
502	(a)  Is of good moral character.
503	(b)  Possesses liability insurance as required in s.
504	468.8421. and:
505	(c)1.(a)  Is qualified to take the examination as set forth
506	in s. 468.8413 and has passed a certification examination
507	offered by a nationally recognized organization that certifies
508	persons in the specialty of mold assessment or mold remediation
509	that has been approved by the department as substantially
510	equivalent to the requirements of this part and s. 455.217; or
511	2.(b)  Holds a valid license to practice mold assessment or
512	mold remediation issued by another state or territory of the
513	United States if the criteria for issuance of the license were
514	substantially the same as the licensure criteria that is
515	established by this part as determined by the department.
516	Section 15.  Section 468.8418, Florida Statutes, is amended
517	to read:
518	468.8418  Certification of partnerships and corporations.-
519	(1)  The department shall issue a certificate of
520	authorization to a corporation or partnership offering mold
521	assessment or mold remediation services to the public if the
522	corporation or partnership satisfies all of the requirements of
523	this part.
524	(2)  The practice of or the offer to practice mold
525	assessment or mold remediation by licensees through a
526	corporation or partnership offering mold assessment or mold
527	remediation to the public, or by a corporation or partnership
528	offering such services to the public through licensees under
529	this part as agents, employees, officers, or partners, is
530	permitted subject to the provisions of this part, provided that
531	the corporation or partnership has been issued a certificate of
532	authorization by the department as provided in this section.
533	Nothing in this section shall be construed to allow a
534	corporation to hold a license to practice mold assessment or
535	mold remediation. No corporation or partnership shall be
536	relieved of responsibility for the conduct or acts of its
537	agents, employees, or officers by reason of its compliance with
538	this section, nor shall any individual practicing mold
539	assessment or mold remediation be relieved of responsibility for
540	professional services performed by reason of his or her
541	employment or relationship with a corporation or partnership.
542	(3)  For the purposes of this section, a certificate of
543	authorization shall be required for a corporation, partnership,
544	association, or person practicing under a fictitious name,
545	offering mold assessment or mold remediation; however, when an
546	individual is practicing mold assessment or mold remediation
547	under his or her own given name, he or she shall not be required
548	to register under this section.
549	(4)  Each certificate of authorization shall be renewed
550	every 2 years. Each partnership and corporation certified under
551	this section shall notify the department within 1 month of any
552	change in the information contained in the application upon
553	which the certification is based.
554	(5)  Disciplinary action against a corporation or
555	partnership shall be administered in the same manner and on the
556	same grounds as disciplinary action against a licensed mold
557	assessor or mold remediator.
558	Section 16.  Notwithstanding the effective date of July 1,
559	2010, provided by section 4 of chapter 2007-235, Laws of
560	Florida, the provisions of paragraphs (a) and (b) of subsection
561	(1) of section 468.8419, Florida Statutes, shall apply and
562	operate prospectively from July 1, 2011.
563	Section 17.  Subsection (1) of section 468.842, Florida
564	Statutes, is amended to read:
565	468.842  Disciplinary proceedings.-
566	(1)  The following acts constitute grounds for which the
567	disciplinary actions in subsection (2) may be taken:
568	(a)  Violation of any provision of this part or s.
569	455.227(1).;
570	(b)  Attempting to procure a license to practice mold
571	assessment or mold remediation by bribery or fraudulent
572	misrepresentations.;
573	(c)  Having a license to practice mold assessment or mold
574	remediation revoked, suspended, or otherwise acted against,
575	including the denial of licensure, by the licensing authority of
576	another state, territory, or country.;
577	(d)  Being convicted or found guilty of, or entering a plea
578	of nolo contendere to, regardless of adjudication, a crime in
579	any jurisdiction that directly relates to the practice of mold
580	assessment or mold remediation or the ability to practice mold
581	assessment or mold remediation.;
582	(e)  Making or filing a report or record that the licensee
583	knows to be false, willfully failing to file a report or record
584	required by state or federal law, willfully impeding or
585	obstructing such filing, or inducing another person to impede or
586	obstruct such filing. Such reports or records shall include only
587	those that are signed in the capacity of a registered mold
588	assessor or mold remediator.;
589	(f)  Advertising goods or services in a manner that is
590	fraudulent, false, deceptive, or misleading in form or content.;
591	(g)  Engaging in fraud or deceit, or negligence,
592	incompetency, or misconduct, in the practice of mold assessment
593	or mold remediation.;
594	(h)  Failing to perform any statutory or legal obligation
595	placed upon a licensed mold assessor or mold remediator;
596	violating any provision of this chapter, a rule of the
597	department, or a lawful order of the department previously
598	entered in a disciplinary hearing; or failing to comply with a
599	lawfully issued subpoena of the department.; or
600	(i)  Practicing on a revoked, suspended, inactive, or
601	delinquent license.
602	(j)  Failing to meet any standard of practice adopted by
603	department rule.
604	Section 18.  Subsection (1) of section 468.8421, Florida
605	Statutes, is amended to read:
606	468.8421  Insurance.-
607	(1)  A mold assessor shall maintain general liability and
608	errors and omissions insurance coverage in an amount of not less
609	than $1,000,000. The insurance must cover preliminary and
610	postremediation activities.
611	Section 19.  Section 468.8423, Florida Statutes, is amended
612	to read:
613	468.8423  Grandfather clause.-A person who performs mold
614	assessment or mold remediation as defined in this part may
615	qualify to be licensed by the department as a mold assessor or
616	mold remediator if the person submits an application to the
617	department postmarked on or before March 1, 2011, that shows the
618	applicant:
619	(1)(a)  Has been certified as a mold assessor or mold
620	remediator by a state or national association that required
621	successful completion of a proctored examination for
622	certification and has completed at least 60 hours of education
623	for a mold assessor and 30 hours of education for a mold
624	remediator; or
625	(b)  Has at least 3 years of experience as a mold assessor
626	or mold remediator at the time of application. Applicants must
627	provide 40 invoices for mold assessments or mold remediations,
628	as defined by this part, to establish the required 3 years of
629	experience. The department may conduct investigations regarding
630	the validity of invoices for mold assessments or mold
631	remediations submitted pursuant to this section and may take
632	disciplinary action pursuant to s. 468.842 for submitting false
633	information.
634	(2)  Has not, within 5 years after the date of application,
635	had a mold assessor or mold remediator license or a license in a
636	related field revoked, suspended, or assessed a fine in excess
637	of $500. For purposes of this part, a license in a related field
638	includes, but is not limited to, licensure in real estate,
639	construction, home inspection, building code administration or
640	inspection, or indoor air quality.
641	(3)  Is of good moral character as defined in s. 468.8413.
642	(4)  Has the general liability insurance required in s.
643	468.8421 meets the licensure requirements of this part by July
644	1, 2010.
645	Section 20.  Section 468.8424, Florida Statutes, is created
646	to read:
647	468.8424  Rulemaking.-The department shall adopt rules to
648	administer this part.
649	Section 21.  Subsection (22) of section 489.103, Florida
650	Statutes, is amended to read:
651	489.103  Exemptions.-This part does not apply to:
652	(22)  A person licensed pursuant to s. 633.061(1)(d) or
653	(3)(2)(b) performing work authorized by such license.
654	Section 22.  Subsections (2), (8), and (9) of section
655	553.37, Florida Statutes, are amended, and subsection (12) is
656	added to that section, to read:
657	553.37  Rules; inspections; and insignia.-
658	(2)  The department shall adopt rules to address:
659	(a)  Procedures and qualifications for approval of third-
660	party plan review and inspection agencies and of those who
661	perform inspections and plan reviews.
662	(b)  Investigation of consumer complaints of noncompliance
663	of manufactured buildings with the Florida Building Code and the
664	Florida Fire Prevention Code.
665	(c)  Issuance, cancellation, and revocation of any insignia
666	issued by the department and procedures for auditing and
667	accounting for disposition of them.
668	(d)  Monitoring the manufacturers', inspection agencies',
669	and plan review agencies' compliance with this part and the
670	Florida Building Code. Monitoring may include, but is not
671	limited to, performing audits of plans, inspections of
672	manufacturing facilities and observation of the manufacturing
673	and inspection process, and onsite inspections of buildings.
674	(e)  The performance by the department and its designees
675	and contractors of any other functions required by this part.
676	(8)  The department, by rule, shall establish a schedule of
677	fees to pay the cost of the administration and enforcement of
678	this part. The rule may provide for manufacturers to pay fees to
679	the administrator directly via the Building Code Information
680	System.
681	(9)  The department may delegate its enforcement authority
682	to a state department having building construction
683	responsibilities or a local government and may enter into
684	contracts for the performance of its administrative duties under
685	this part. The department may delegate its plan review and
686	inspection authority to one or more of the following in any
687	combination:
688	(a)  A state department having building construction
689	responsibilities;
690	(b)  A local government;
691	(c)  An approved inspection agency;
692	(d)  An approved plan review agency; or
693	(e)  An agency of another state.
694	(12)  Custom or one-of-a-kind prototype manufactured
695	buildings are not required to have state approval, but must be
696	in compliance with all local requirements of the governmental
697	agency having jurisdiction at the installation site.
698	Section 23.  Section 553.375, Florida Statutes, is amended
699	to read:
700	553.375  Recertification of manufactured buildings.-Prior
701	to the relocation to a site that has a higher design wind speed,
702	modification, or change of occupancy of a manufactured building
703	within the state, the manufacturer, dealer, or owner thereof may
704	apply to the department for recertification of that manufactured
705	building. The department shall, by rule, provide what
706	information the applicant must submit for recertification and
707	for plan review and inspection of such manufactured buildings
708	and shall establish fees for recertification. Upon a
709	determination by the department that the manufactured building
710	complies with the applicable building codes, the department
711	shall issue a recertification insignia. A manufactured building
712	that bears recertification insignia does not require any
713	additional approval by an enforcement jurisdiction in which the
714	building is sold or installed, and is considered to comply with
715	all applicable codes. As an alternative to recertification by
716	the department, the manufacturer, dealer, or owner of a
717	manufactured building may seek appropriate permitting and a
718	certificate of occupancy from the local jurisdiction in
719	accordance with procedures generally applicable under the
720	Florida Building Code.
721	Section 24.  Section 553.509, Florida Statutes, is amended
722	to read:
723	553.509  Vertical accessibility.-
724	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
725	be construed to relieve the owner of any building, structure, or
726	facility governed by those sections from the duty to provide
727	vertical accessibility to all levels above and below the
728	occupiable grade level, regardless of whether the guidelines
729	require an elevator to be installed in such building, structure,
730	or facility, except for:
731	(a)  Elevator pits, elevator penthouses, mechanical rooms,
732	piping or equipment catwalks, and automobile lubrication and
733	maintenance pits and platforms;
734	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
735	and storage spaces that are not designed for human occupancy,
736	for public accommodations, or for work areas; and
737	(c)  Occupiable spaces and rooms that are not open to the
738	public and that house no more than five persons, including, but
739	not limited to, equipment control rooms and projection booths.
740	(2)(a)  Any person, firm, or corporation that owns,
741	manages, or operates a residential multifamily dwelling,
742	including a condominium, that is at least 75 feet high and
743	contains a public elevator, as described in s. 399.035(2) and
744	(3) and rules adopted by the Florida Building Commission, shall
745	have at least one public elevator that is capable of operating
746	on an alternate power source for emergency purposes. Alternate
747	power shall be available for the purpose of allowing all
748	residents access for a specified number of hours each day over a
749	5-day period following a natural disaster, manmade disaster,
750	emergency, or other civil disturbance that disrupts the normal
751	supply of electricity. The alternate power source that controls
752	elevator operations must also be capable of powering any
753	connected fire alarm system in the building.
754	(b)  At a minimum, the elevator must be appropriately
755	prewired and prepared to accept an alternate power source and
756	must have a connection on the line side of the main disconnect,
757	pursuant to National Electric Code Handbook, Article 700. In
758	addition to the required power source for the elevator and
759	connected fire alarm system in the building, the alternate power
760	supply must be sufficient to provide emergency lighting to the
761	interior lobbies, hallways, and other portions of the building
762	used by the public. Residential multifamily dwellings must have
763	an available generator and fuel source on the property or have
764	proof of a current contract posted in the elevator machine room
765	or other place conspicuous to the elevator inspector affirming a
766	current guaranteed service contract for such equipment and fuel
767	source to operate the elevator on an on-call basis within 24
768	hours after a request. By December 31, 2006, any person, firm or
769	corporation that owns, manages, or operates a residential
770	multifamily dwelling as defined in paragraph (a) must provide to
771	the local building inspection agency verification of engineering
772	plans for residential multifamily dwellings that provide for the
773	capability to generate power by alternate means. Compliance with
774	installation requirements and operational capability
775	requirements must be verified by local building inspectors and
776	reported to the county emergency management agency by December
777	31, 2007.
778	(c)  Each newly constructed residential multifamily
779	dwelling, including a condominium, that is at least 75 feet high
780	and contains a public elevator, as described in s. 399.035(2)
781	and (3) and rules adopted by the Florida Building Commission,
782	must have at least one public elevator that is capable of
783	operating on an alternate power source for the purpose of
784	allowing all residents access for a specified number of hours
785	each day over a 5-day period following a natural disaster,
786	manmade disaster, emergency, or other civil disturbance that
787	disrupts the normal supply of electricity. The alternate power
788	source that controls elevator operations must be capable of
789	powering any connected fire alarm system in the building. In
790	addition to the required power source for the elevator and
791	connected fire alarm system, the alternate power supply must be
792	sufficient to provide emergency lighting to the interior
793	lobbies, hallways, and other portions of the building used by
794	the public. Engineering plans and verification of operational
795	capability must be provided by the local building inspector to
796	the county emergency management agency before occupancy of the
797	newly constructed building.
798	(d)  Each person, firm, or corporation that is required to
799	maintain an alternate power source under this subsection shall
800	maintain a written emergency operations plan that details the
801	sequence of operations before, during, and after a natural or
802	manmade disaster or other emergency situation. The plan must
803	include, at a minimum, a lifesafety plan for evacuation,
804	maintenance of the electrical and lighting supply, and
805	provisions for the health, safety, and welfare of the residents.
806	In addition, the owner, manager, or operator of the residential
807	multifamily dwelling must keep written records of any contracts
808	for alternative power generation equipment. Also, quarterly
809	inspection records of lifesafety equipment and alternate power
810	generation equipment must be posted in the elevator machine room
811	or other place conspicuous to the elevator inspector, which
812	confirm that such equipment is properly maintained and in good
813	working condition, and copies of contracts for alternate power
814	generation equipment shall be maintained on site for
815	verification. The written emergency operations plan and
816	inspection records shall also be open for periodic inspection by
817	local and state government agencies as deemed necessary. The
818	owner or operator must keep a generator key in a lockbox posted
819	at or near any installed generator unit.
820	(e)  Multistory affordable residential dwellings for
821	persons age 62 and older that are financed or insured by the
822	United States Department of Housing and Urban Development must
823	make every effort to obtain grant funding from the Federal
824	Government or the Florida Housing Finance Corporation to comply
825	with this subsection. If an owner of such a residential dwelling
826	cannot comply with the requirements of this subsection, the
827	owner must develop a plan with the local emergency management
828	agency to ensure that residents are evacuated to a place of
829	safety in the event of a power outage resulting from a natural
830	or manmade disaster or other emergency situation that disrupts
831	the normal supply of electricity for an extended period of time.
832	A place of safety may include, but is not limited to, relocation
833	to an alternative site within the building or evacuation to a
834	local shelter.
835	(f)  As a part of the annual elevator inspection required
836	under s. 399.061, certified elevator inspectors shall confirm
837	that all installed generators required by this chapter are in
838	working order, have current inspection records posted in the
839	elevator machine room or other place conspicuous to the elevator
840	inspector, and that the required generator key is present in the
841	lockbox posted at or near the installed generator. If a building
842	does not have an installed generator, the inspector shall
843	confirm that the appropriate prewiring and switching
844	capabilities are present and that a statement is posted in the
845	elevator machine room or other place conspicuous to the elevator
846	inspector affirming a current guaranteed contract exists for
847	contingent services for alternate power is current for the
848	operating period.
849	(2)  However, buildings, structures, and facilities must,
850	at as a minimum, comply with the requirements in the Americans
851	with Disabilities Act Accessibility Guidelines.
852	Section 25.  Subsection (1) of section 553.512, Florida
853	Statutes, is amended to read:
854	553.512  Modifications and waivers; advisory council.-
855	(1)  The Florida Building Commission shall provide by
856	regulation criteria for granting individual modifications of, or
857	exceptions from, the literal requirements of this part upon a
858	determination of unnecessary, unreasonable, or extreme hardship,
859	provided such waivers shall not violate federal accessibility
860	laws and regulations and shall be reviewed by the Accessibility
861	Advisory Council. The commission shall establish by rule a fee
862	to be paid upon submitting a request for a waiver as provided in
863	this section. Notwithstanding any other provision of this
864	subsection, if an applicant for a waiver demonstrates economic
865	hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
866	shall be granted. The commission may not consider waiving any of
867	the requirements of s. 553.5041 unless the applicant first
868	demonstrates that she or he has applied for and been denied
869	waiver or variance from all local government zoning, subdivision
870	regulations, or other ordinances that prevent compliance
871	therewith. Further, the commission may not waive the requirement
872	of s. 553.5041(5)(a) and (c)1. governing the minimum width of
873	accessible routes and minimum width of accessible parking
874	spaces.
875	Section 26.  Subsections (2) and (3) and paragraph (b) of
876	subsection (4) of section 553.73, Florida Statutes, are amended,
877	present subsections (5) through (13) of that section are
878	renumbered as subsections (6) through (14), respectively, a new
879	subsection (5) is added to that section, paragraph (a) of
880	present subsection (6) and present subsections (7) and (9) of
881	that section are amended, and subsections (15) and (16) are
882	added to that section, to read:
883	553.73  Florida Building Code.-
884	(2)  The Florida Building Code shall contain provisions or
885	requirements for public and private buildings, structures, and
886	facilities relative to structural, mechanical, electrical,
887	plumbing, energy, and gas systems, existing buildings,
888	historical buildings, manufactured buildings, elevators, coastal
889	construction, lodging facilities, food sales and food service
890	facilities, health care facilities, including assisted living
891	facilities, adult day care facilities, hospice residential and
892	inpatient facilities and units, and facilities for the control
893	of radiation hazards, public or private educational facilities,
894	swimming pools, and correctional facilities and enforcement of
895	and compliance with such provisions or requirements. Further,
896	the Florida Building Code must provide for uniform
897	implementation of ss. 515.25, 515.27, and 515.29 by including
898	standards and criteria for residential swimming pool barriers,
899	pool covers, latching devices, door and window exit alarms, and
900	other equipment required therein, which are consistent with the
901	intent of s. 515.23. Technical provisions to be contained within
902	the Florida Building Code are restricted to requirements related
903	to the types of materials used and construction methods and
904	standards employed in order to meet criteria specified in the
905	Florida Building Code. Provisions relating to the personnel,
906	supervision or training of personnel, or any other professional
907	qualification requirements relating to contractors or their
908	workforce may not be included within the Florida Building Code,
909	and subsections (4), (5), (6), (7), and (8), and (9) are not to
910	be construed to allow the inclusion of such provisions within
911	the Florida Building Code by amendment. This restriction applies
912	to both initial development and amendment of the Florida
913	Building Code.
914	(3)  The commission shall select from available national or
915	international model building codes, or other available building
916	codes and standards currently recognized by the laws of this
917	state, to form the foundation for the Florida Building Code. The
918	commission may modify the selected model codes and standards as
919	needed to accommodate the specific needs of this state.
920	Standards or criteria referenced by the selected model codes
921	shall be similarly incorporated by reference. If a referenced
922	standard or criterion requires amplification or modification to
923	be appropriate for use in this state, only the amplification or
924	modification shall be specifically set forth in the Florida
925	Building Code. The Florida Building Commission may approve
926	technical amendments to the code, subject to the requirements of
927	subsections (8) (7) and (9) (8), after the amendments have been
928	subject to the following conditions:
929	(a)  The proposed amendment has been published on the
930	commission's website for a minimum of 45 days and all the
931	associated documentation has been made available to any
932	interested party before any consideration by any Technical
933	Advisory Committee;
934	(b)  In order for a Technical Advisory Committee to make a
935	favorable recommendation to the commission, the proposal must
936	receive a three-fourths vote of the members present at the
937	Technical Advisory Committee meeting and at least half of the
938	regular members must be present in order to conduct a meeting;
939	(c)  After Technical Advisory Committee consideration and a
940	recommendation for approval of any proposed amendment, the
941	proposal must be published on the commission's website for not
942	less than 45 days before any consideration by the commission;
943	and
944	(d)  Any proposal may be modified by the commission based
945	on public testimony and evidence from a public hearing held in
946	accordance with chapter 120.
947
948	The commission shall incorporate within sections of the Florida
949	Building Code provisions which address regional and local
950	concerns and variations. The commission shall make every effort
951	to minimize conflicts between the Florida Building Code, the
952	Florida Fire Prevention Code, and the Life Safety Code.
953	(4)
954	(b)  Local governments may, subject to the limitations of
955	this section, adopt amendments to the technical provisions of
956	the Florida Building Code which apply solely within the
957	jurisdiction of such government and which provide for more
958	stringent requirements than those specified in the Florida
959	Building Code, not more than once every 6 months. A local
960	government may adopt technical amendments that address local
961	needs if:
962	1.  The local governing body determines, following a public
963	hearing which has been advertised in a newspaper of general
964	circulation at least 10 days before the hearing, that there is a
965	need to strengthen the requirements of the Florida Building
966	Code. The determination must be based upon a review of local
967	conditions by the local governing body, which review
968	demonstrates by evidence or data that the geographical
969	jurisdiction governed by the local governing body exhibits a
970	local need to strengthen the Florida Building Code beyond the
971	needs or regional variation addressed by the Florida Building
972	Code, that the local need is addressed by the proposed local
973	amendment, and that the amendment is no more stringent than
974	necessary to address the local need.
975	2.  Such additional requirements are not discriminatory
976	against materials, products, or construction techniques of
977	demonstrated capabilities.
978	3.  Such additional requirements may not introduce a new
979	subject not addressed in the Florida Building Code.
980	4.  The enforcing agency shall make readily available, in a
981	usable format, all amendments adopted pursuant to this section.
982	5.  Any amendment to the Florida Building Code shall be
983	transmitted within 30 days by the adopting local government to
984	the commission. The commission shall maintain copies of all such
985	amendments in a format that is usable and obtainable by the
986	public. Local technical amendments shall not become effective
987	until 30 days after the amendment has been received and
988	published by the commission.
989	6.  Any amendment to the Florida Building Code adopted by a
990	local government pursuant to this paragraph shall be effective
991	only until the adoption by the commission of the new edition of
992	the Florida Building Code every third year. At such time, the
993	commission shall review such amendment for consistency with the
994	criteria in paragraph (9)(8)(a) and adopt such amendment as part
995	of the Florida Building Code or rescind the amendment. The
996	commission shall immediately notify the respective local
997	government of the rescission of any amendment. After receiving
998	such notice, the respective local government may readopt the
999	rescinded amendment pursuant to the provisions of this
1000	paragraph.
1001	7.  Each county and municipality desiring to make local
1002	technical amendments to the Florida Building Code shall by
1003	interlocal agreement establish a countywide compliance review
1004	board to review any amendment to the Florida Building Code,
1005	adopted by a local government within the county pursuant to this
1006	paragraph, that is challenged by any substantially affected
1007	party for purposes of determining the amendment's compliance
1008	with this paragraph. If challenged, the local technical
1009	amendments shall not become effective until time for filing an
1010	appeal pursuant to subparagraph 8. has expired or, if there is
1011	an appeal, until the commission issues its final order
1012	determining the adopted amendment is in compliance with this
1013	subsection.
1014	8.  If the compliance review board determines such
1015	amendment is not in compliance with this paragraph, the
1016	compliance review board shall notify such local government of
1017	the noncompliance and that the amendment is invalid and
1018	unenforceable until the local government corrects the amendment
1019	to bring it into compliance. The local government may appeal the
1020	decision of the compliance review board to the commission. If
1021	the compliance review board determines such amendment to be in
1022	compliance with this paragraph, any substantially affected party
1023	may appeal such determination to the commission. Any such appeal
1024	shall be filed with the commission within 14 days of the board's
1025	written determination. The commission shall promptly refer the
1026	appeal to the Division of Administrative Hearings for the
1027	assignment of an administrative law judge. The administrative
1028	law judge shall conduct the required hearing within 30 days, and
1029	shall enter a recommended order within 30 days of the conclusion
1030	of such hearing. The commission shall enter a final order within
1031	30 days thereafter. The provisions of chapter 120 and the
1032	uniform rules of procedure shall apply to such proceedings. The
1033	local government adopting the amendment that is subject to
1034	challenge has the burden of proving that the amendment complies
1035	with this paragraph in proceedings before the compliance review
1036	board and the commission, as applicable. Actions of the
1037	commission are subject to judicial review pursuant to s. 120.68.
1038	The compliance review board shall determine whether its
1039	decisions apply to a respective local jurisdiction or apply
1040	countywide.
1041	9.  An amendment adopted under this paragraph shall include
1042	a fiscal impact statement which documents the costs and benefits
1043	of the proposed amendment. Criteria for the fiscal impact
1044	statement shall include the impact to local government relative
1045	to enforcement, the impact to property and building owners, as
1046	well as to industry, relative to the cost of compliance. The
1047	fiscal impact statement may not be used as a basis for
1048	challenging the amendment for compliance.
1049	10.  In addition to subparagraphs 7. and 9., the commission
1050	may review any amendments adopted pursuant to this subsection
1051	and make nonbinding recommendations related to compliance of
1052	such amendments with this subsection.
1053	(5)  Notwithstanding subsection (4), counties and
1054	municipalities may adopt by ordinance an administrative or
1055	technical amendment to the Florida Building Code relating to
1056	flood resistance in order to implement the National Flood
1057	Insurance Program or incentives. Specifically, an administrative
1058	amendment may assign the duty to enforce all or portions of
1059	flood-related code provisions to the appropriate agencies of the
1060	local government and adopt procedures for variances and
1061	exceptions from flood-related code provisions other than
1062	provisions for structures seaward of the coastal construction
1063	control line consistent with the requirements in 44 C.F.R. s.
1064	60.6. A technical amendment is authorized to the extent it is
1065	more stringent than the code. A technical amendment is not
1066	subject to the requirements of subsection (4) and may not be
1067	rendered void when the code is updated if the amendment is
1068	adopted for the purpose of participating in the Community Rating
1069	System promulgated pursuant to 42 U.S.C. s. 4022. Any amendment
1070	adopted pursuant to this subsection shall be transmitted to the
1071	commission within 30 days after being adopted.
1072	(7)(6)(a)  The commission, by rule adopted pursuant to ss.
1073	120.536(1) and 120.54, shall update the Florida Building Code
1074	every 3 years. When updating the Florida Building Code, the
1075	commission shall select the most current version of the
1076	International Building Code, the International Fuel Gas Code,
1077	the International Mechanical Code, the International Plumbing
1078	Code, and the International Residential Code, all of which are
1079	adopted by the International Code Council, and the National
1080	Electrical Code, which is adopted by the National Fire
1081	Protection Association, to form the foundation codes of the
1082	updated Florida Building Code, if the version has been adopted
1083	by the applicable model code entity and made available to the
1084	public at least 6 months prior to its selection by the
1085	commission. The commission shall select the most current version
1086	of the International Energy Conservation Code (IECC) as a
1087	foundation code; however, the IECC shall be modified by the
1088	commission to maintain the efficiencies of the Florida Energy
1089	Efficiency Code for Building Construction adopted and amended
1090	pursuant to s. 553.901.
1091	(8)(7)  Notwithstanding the provisions of subsection (3) or
1092	subsection (7) (6), the commission may address issues identified
1093	in this subsection by amending the code pursuant only to the
1094	rule adoption procedures contained in chapter 120. Provisions of
1095	the Florida Building Code, including those contained in
1096	referenced standards and criteria, relating to wind resistance
1097	or the prevention of water intrusion may not be amended pursuant
1098	to this subsection to diminish those construction requirements;
1099	however, the commission may, subject to conditions in this
1100	subsection, amend the provisions to enhance those construction
1101	requirements. Following the approval of any amendments to the
1102	Florida Building Code by the commission and publication of the
1103	amendments on the commission's website, authorities having
1104	jurisdiction to enforce the Florida Building Code may enforce
1105	the amendments. The commission may approve amendments that are
1106	needed to address:
1107	(a)  Conflicts within the updated code;
1108	(b)  Conflicts between the updated code and the Florida
1109	Fire Prevention Code adopted pursuant to chapter 633;
1110	(c)  The omission of previously adopted Florida-specific
1111	amendments to the updated code if such omission is not supported
1112	by a specific recommendation of a technical advisory committee
1113	or particular action by the commission;
1114	(d)  Unintended results from the integration of previously
1115	adopted Florida-specific amendments with the model code;
1116	(e)  Equivalency of standards;
1117	(f)  The specific needs of state agencies when agency rules
1118	must be updated to reflect federal requirements relating to
1119	design criteria for public educational facilities and state-
1120	licensed facilities;
1121	(g)(e)  Changes to or inconsistencies with federal or state
1122	law; or
1123	(h)(f)  Adoption of an updated edition of the National
1124	Electrical Code if the commission finds that delay of
1125	implementing the updated edition causes undue hardship to
1126	stakeholders or otherwise threatens the public health, safety,
1127	and welfare.
1128	(10)(9)  The following buildings, structures, and
1129	facilities are exempt from the Florida Building Code as provided
1130	by law, and any further exemptions shall be as determined by the
1131	Legislature and provided by law:
1132	(a)  Buildings and structures specifically regulated and
1133	preempted by the Federal Government.
1134	(b)  Railroads and ancillary facilities associated with the
1135	railroad.
1136	(c)  Nonresidential farm buildings on farms.
1137	(d)  Temporary buildings or sheds used exclusively for
1138	construction purposes.
1139	(e)  Mobile or modular structures used as temporary
1140	offices, except that the provisions of part II relating to
1141	accessibility by persons with disabilities shall apply to such
1142	mobile or modular structures.
1143	(f)  Those structures or facilities of electric utilities,
1144	as defined in s. 366.02, which are directly involved in the
1145	generation, transmission, or distribution of electricity.
1146	(g)  Temporary sets, assemblies, or structures used in
1147	commercial motion picture or television production, or any
1148	sound-recording equipment used in such production, on or off the
1149	premises.
1150	(h)  Storage sheds that are not designed for human
1151	habitation and that have a floor area of 720 square feet or less
1152	are not required to comply with the mandatory wind-borne-debris-
1153	impact standards of the Florida Building Code.
1154	(i)  Chickees constructed by the Miccosukee Tribe of
1155	Indians of Florida or the Seminole Tribe of Florida. As used in
1156	this paragraph, the term "chickee" means an open-sided wooden
1157	hut that has a thatched roof of palm or palmetto or other
1158	traditional materials, and that does not incorporate any
1159	electrical, plumbing, or other nonwood features.
1160	(j)  Family mausoleums not exceeding 250 square feet in
1161	area which are prefabricated and assembled on site or
1162	preassembled and delivered on site and have walls, roofs, and a
1163	floor constructed of granite, marble, or reinforced concrete.
1164
1165	With the exception of paragraphs (a), (b), (c), and (f), in
1166	order to preserve the health, safety, and welfare of the public,
1167	the Florida Building Commission may, by rule adopted pursuant to
1168	chapter 120, provide for exceptions to the broad categories of
1169	buildings exempted in this section, including exceptions for
1170	application of specific sections of the code or standards
1171	adopted therein. The Department of Agriculture and Consumer
1172	Services shall have exclusive authority to adopt by rule,
1173	pursuant to chapter 120, exceptions to nonresidential farm
1174	buildings exempted in paragraph (c) when reasonably necessary to
1175	preserve public health, safety, and welfare. The exceptions must
1176	be based upon specific criteria, such as under-roof floor area,
1177	aggregate electrical service capacity, HVAC system capacity, or
1178	other building requirements. Further, the commission may
1179	recommend to the Legislature additional categories of buildings,
1180	structures, or facilities which should be exempted from the
1181	Florida Building Code, to be provided by law. The Florida
1182	Building Code does not apply to temporary housing provided by
1183	the Department of Corrections to any prisoner in the state
1184	correctional system.
1185	(15)  The Florida Building Code, and any agency or local
1186	government, may not require that existing mechanical equipment
1187	on the surface of a roof be installed in compliance with the
1188	requirements of the code until the reroofing of the structure or
1189	the mechanical equipment is replaced.
1190	(16)  The Florida Building Code must require that the
1191	illumination in classroom units be designed to provide and
1192	maintain an average of 40 foot-candles of light at each desktop.
1193	Public educational facilities must consider using light-emitting
1194	diode lighting before considering other lighting sources.
1195	Section 27.  Subsection (5) is added to section 553.74,
1196	Florida Statutes, to read:
1197	553.74  Florida Building Commission.-
1198	(5)  Notwithstanding s. 112.313 or any other provision of
1199	law, a member of any of commission's technical advisory
1200	committees or a member of any other advisory committee or
1201	workgroup of the commission, shall not be considered to have an
1202	impermissible conflict of interest when representing clients
1203	before the commission or one of its committees or workgroups.
1204	However, the member, in his or her capacity as member of the
1205	committee or workgroup, may not take part in any discussion on
1206	or take action on any matter in which he or she has a direct
1207	financial interest.
1208	Section 28.  Subsection (2) of section 553.76, Florida
1209	Statutes, is amended to read:
1210	553.76  General powers of the commission.-The commission is
1211	authorized to:
1212	(2)  Issue memoranda of procedure for its internal
1213	management and control. The commission may adopt rules related
1214	to its consensus-based decisionmaking process, including, but
1215	not limited to, super majority voting requirements for
1216	commission actions relating to the adoption of the Florida
1217	Building Code or amendments to the code.
1218	Section 29.  Subsections (2) and (4) of section 553.775,
1219	Florida Statutes, are amended to read:
1220	553.775  Interpretations.-
1221	(2)  Local enforcement agencies, local building officials,
1222	state agencies, and the commission shall interpret provisions of
1223	the Florida Building Code in a manner that is consistent with
1224	declaratory statements and interpretations entered by the
1225	commission, except that conflicts between the Florida Fire
1226	Prevention Code and the Florida Building Code shall be resolved
1227	in accordance with s. 553.73(11)(10)(c) and (d).
1228	(4)  In order to administer this section, the commission
1229	may adopt by rule and impose a fee for filing requests for
1230	declaratory statements and binding and nonbinding
1231	interpretations to recoup the cost of the proceedings which may
1232	not exceed $250 for each request for a review or interpretation.
1233	For proceedings conducted by or in coordination with a third-
1234	party, the rule may provide that payment be made directly to the
1235	third party, who shall remit to the department that portion of
1236	the fee necessary to cover the costs of the department.
1237	Section 30.  Subsection (9) of section 553.79, Florida
1238	Statutes, is amended to read:
1239	553.79  Permits; applications; issuance; inspections.-
1240	(9)  Any state agency whose enabling legislation authorizes
1241	it to enforce provisions of the Florida Building Code may enter
1242	into an agreement with any other unit of government to delegate
1243	its responsibility to enforce those provisions and may expend
1244	public funds for permit and inspection fees, which fees may be
1245	no greater than the fees charged others. Inspection services
1246	that are not required to be performed by a state agency under a
1247	federal delegation of responsibility or by a state agency under
1248	the Florida Building Code must be performed under the
1249	alternative plans review and inspection process created in s.
1250	553.791 or by a local governmental entity having authority to
1251	enforce the Florida Building Code.
1252	Section 31.  For the purpose of incorporating the amendment
1253	made by this act to section 553.79, Florida Statutes, in a
1254	reference thereto, subsection (1) of section 553.80, Florida
1255	Statutes, is reenacted, and subsection (3) of that section is
1256	amended, to read:
1257	553.80  Enforcement.-
1258	(1)  Except as provided in paragraphs (a)-(g), each local
1259	government and each legally constituted enforcement district
1260	with statutory authority shall regulate building construction
1261	and, where authorized in the state agency's enabling
1262	legislation, each state agency shall enforce the Florida
1263	Building Code required by this part on all public or private
1264	buildings, structures, and facilities, unless such
1265	responsibility has been delegated to another unit of government
1266	pursuant to s. 553.79(9).
1267	(a)  Construction regulations relating to correctional
1268	facilities under the jurisdiction of the Department of
1269	Corrections and the Department of Juvenile Justice are to be
1270	enforced exclusively by those departments.
1271	(b)  Construction regulations relating to elevator
1272	equipment under the jurisdiction of the Bureau of Elevators of
1273	the Department of Business and Professional Regulation shall be
1274	enforced exclusively by that department.
1275	(c)  In addition to the requirements of s. 553.79 and this
1276	section, facilities subject to the provisions of chapter 395 and
1277	part II of chapter 400 shall have facility plans reviewed and
1278	construction surveyed by the state agency authorized to do so
1279	under the requirements of chapter 395 and part II of chapter 400
1280	and the certification requirements of the Federal Government.
1281	(d)  Building plans approved under s. 553.77(3) and state-
1282	approved manufactured buildings, including buildings
1283	manufactured and assembled offsite and not intended for
1284	habitation, such as lawn storage buildings and storage sheds,
1285	are exempt from local code enforcing agency plan reviews except
1286	for provisions of the code relating to erection, assembly, or
1287	construction at the site. Erection, assembly, and construction
1288	at the site are subject to local permitting and inspections.
1289	Lawn storage buildings and storage sheds bearing the insignia of
1290	approval of the department are not subject to s. 553.842. Such
1291	buildings that do not exceed 400 square feet may be delivered
1292	and installed without need of a contractor's or specialty
1293	license.
1294	(e)  Construction regulations governing public schools,
1295	state universities, and community colleges shall be enforced as
1296	provided in subsection (6).
1297	(f)  The Florida Building Code as it pertains to toll
1298	collection facilities under the jurisdiction of the turnpike
1299	enterprise of the Department of Transportation shall be enforced
1300	exclusively by the turnpike enterprise.
1301	(g)  Construction regulations relating to secure mental
1302	health treatment facilities under the jurisdiction of the
1303	Department of Children and Family Services shall be enforced
1304	exclusively by the department in conjunction with the Agency for
1305	Health Care Administration's review authority under paragraph
1306	(c).
1307
1308	The governing bodies of local governments may provide a schedule
1309	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1310	section, for the enforcement of the provisions of this part.
1311	Such fees shall be used solely for carrying out the local
1312	government's responsibilities in enforcing the Florida Building
1313	Code. The authority of state enforcing agencies to set fees for
1314	enforcement shall be derived from authority existing on July 1,
1315	1998. However, nothing contained in this subsection shall
1316	operate to limit such agencies from adjusting their fee schedule
1317	in conformance with existing authority.
1318	(3)(a)  Each enforcement district shall be governed by a
1319	board, the composition of which shall be determined by the
1320	affected localities.
1321	(b)1.  At its own option, each enforcement district or
1322	local enforcement agency may adopt promulgate rules granting to
1323	the owner of a single-family residence one or more exemptions
1324	from the Florida Building Code relating to:
1325	a.(a)  Addition, alteration, or repairs performed by the
1326	property owner upon his or her own property, provided any
1327	addition or alteration shall not exceed 1,000 square feet or the
1328	square footage of the primary structure, whichever is less.
1329	b.(b)  Addition, alteration, or repairs by a nonowner
1330	within a specific cost limitation set by rule, provided the
1331	total cost shall not exceed $5,000 within any 12-month period.
1332	c.(c)  Building and inspection fees.
1333	2.  However, the exemptions under subparagraph 1. do not
1334	apply to single-family residences that are located in mapped
1335	flood hazard areas, as defined in the code, unless the
1336	enforcement district or local enforcement agency has determined
1337	that the work, which is otherwise exempt, does not constitute a
1338	substantial improvement, including the repair of substantial
1339	damage, of such single-family residences.
1340	3.  Each code exemption, as defined in sub-subparagraphs
1341	1.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1342	to the local board 10 days prior to implementation and shall
1343	only be effective in the territorial jurisdiction of the
1344	enforcement district or local enforcement agency implementing
1345	it.
1346	Section 32.  Subsections (4) through (8) of section
1347	553.841, Florida Statutes, are amended to read:
1348	553.841  Building code compliance and mitigation program.-
1349	(4)  The department, In administering the Florida Building
1350	Code Compliance and Mitigation Program, the department shall
1351	maintain, update, develop, or cause to be developed:
1352	(a)  A core curriculum that is prerequisite to the advanced
1353	module coursework.
1354	(b)  advanced modules designed for use by each profession.
1355	(c)  The core curriculum developed under this subsection
1356	must be submitted to the Department of Business and Professional
1357	Regulation for approval. Advanced modules developed under this
1358	paragraph must be approved by the commission and submitted to
1359	the respective boards for approval.
1360	(5)  The core curriculum shall cover the information
1361	required to have all categories of participants appropriately
1362	informed as to their technical and administrative
1363	responsibilities in the effective execution of the code process
1364	by all individuals currently licensed under part XII of chapter
1365	468, chapter 471, chapter 481, or chapter 489, except as
1366	otherwise provided in s. 471.017. The core curriculum shall be
1367	prerequisite to the advanced module coursework for all licensees
1368	and shall be completed by individuals licensed in all categories
1369	under part XII of chapter 468, chapter 471, chapter 481, or
1370	chapter 489 within the first 2-year period after initial
1371	licensure. Core course hours taken by licensees to complete this
1372	requirement shall count toward fulfillment of required
1373	continuing education units under part XII of chapter 468,
1374	chapter 471, chapter 481, or chapter 489.
1375	(5)(6)  Each biennium, upon receipt of funds by the
1376	Department of Community Affairs from the Construction Industry
1377	Licensing Board and the Electrical Contractors' Licensing Board
1378	provided under ss. 489.109(3) and 489.509(3), the department
1379	shall determine the amount of funds available for the Florida
1380	Building Code Compliance and Mitigation Program.
1381	(6)(7)  If the projects provided through the Florida
1382	Building Code Compliance and Mitigation Program in any state
1383	fiscal year do not require the use of all available funds, the
1384	unused funds shall be carried forward and allocated for use
1385	during the following fiscal year.
1386	(7)(8)  The Florida Building Commission shall provide by
1387	rule for the accreditation of courses related to the Florida
1388	Building Code by accreditors approved by the commission. The
1389	commission shall establish qualifications of accreditors and
1390	criteria for the accreditation of courses by rule. The
1391	commission may revoke the accreditation of a course by an
1392	accreditor if the accreditation is demonstrated to violate this
1393	part or the rules of the commission.
1394	(8)(9)  This section does not prohibit or limit the subject
1395	areas or development of continuing education or training on the
1396	Florida Building Code by any qualified entity.
1397	Section 33.  Subsections (1), (5), (8), and (17) of section
1398	553.842, Florida Statutes, are amended to read:
1399	553.842  Product evaluation and approval.-
1400	(1)  The commission shall adopt rules under ss. 120.536(1)
1401	and 120.54 to develop and implement a product evaluation and
1402	approval system that applies statewide to operate in
1403	coordination with the Florida Building Code. The commission may
1404	enter into contracts to provide for administration of the
1405	product evaluation and approval system. The commission's rules
1406	and any applicable contract may provide that the payment of fees
1407	related to approvals be made directly to the administrator. Any
1408	fee paid by a product manufacturer shall be used only for
1409	funding the product evaluation and approval system. The product
1410	evaluation and approval system shall provide:
1411	(a)  Appropriate promotion of innovation and new
1412	technologies.
1413	(b)  Processing submittals of products from manufacturers
1414	in a timely manner.
1415	(c)  Independent, third-party qualified and accredited
1416	testing and laboratory facilities, product evaluation entities,
1417	quality assurance agencies, certification agencies, and
1418	validation entities.
1419	(d)  An easily accessible product acceptance list to
1420	entities subject to the Florida Building Code.
1421	(e)  Development of stringent but reasonable testing
1422	criteria based upon existing consensus standards, when
1423	available, for products.
1424	(f)  Long-term approvals, where feasible. State and local
1425	approvals will be valid until the requirements of the code on
1426	which the approval is based change, the product changes in a
1427	manner affecting its performance as required by the code, or the
1428	approval is revoked. However, the commission may authorize by
1429	rule editorial revisions to approvals and charge a fee as
1430	provided in this section.
1431	(g)  Criteria for revocation of a product approval.
1432	(h)  Cost-effectiveness.
1433	(5)  Statewide approval of products, methods, or systems of
1434	construction may be achieved by one of the following methods.
1435	One of these methods must be used by the commission to approve
1436	the following categories of products: panel walls, exterior
1437	doors, roofing, skylights, windows, shutters, and structural
1438	components as established by the commission by rule.
1439	(a)  Products for which the code establishes standardized
1440	testing or comparative or rational analysis methods shall be
1441	approved by submittal and validation of one of the following
1442	reports or listings indicating that the product or method or
1443	system of construction was evaluated to be in compliance with
1444	the Florida Building Code and that the product or method or
1445	system of construction is, for the purpose intended, at least
1446	equivalent to that required by the Florida Building Code:
1447	1.  A certification mark or listing of an approved
1448	certification agency, which may be used only for products for
1449	which the code designates standardized testing;
1450	2.  A test report from an approved testing laboratory;
1451	3.  A product evaluation report based upon testing or
1452	comparative or rational analysis, or a combination thereof, from
1453	an approved product evaluation entity; or
1454	4.  A product evaluation report based upon testing or
1455	comparative or rational analysis, or a combination thereof,
1456	developed and signed and sealed by a professional engineer or
1457	architect, licensed in this state.
1458
1459	A product evaluation report or a certification mark or listing
1460	of an approved certification agency which demonstrates that the
1461	product or method or system of construction complies with the
1462	Florida Building Code for the purpose intended shall be
1463	equivalent to a test report and test procedure as referenced in
1464	the Florida Building Code. An application for state approval of
1465	a product under subparagraph 1. must be approved by the
1466	department after the commission staff or a designee verifies
1467	that the application and related documentation are complete.
1468	This verification must be completed within 10 business days
1469	after receipt of the application. Upon approval by the
1470	department, the product shall be immediately added to the list
1471	of state-approved products maintained under subsection (13).
1472	Approvals by the department shall be reviewed and ratified by
1473	the commission's program oversight committee except for a
1474	showing of good cause that a review by the full commission is
1475	necessary.
1476	(b)  Products, methods, or systems of construction for
1477	which there are no specific standardized testing or comparative
1478	or rational analysis methods established in the code may be
1479	approved by submittal and validation of one of the following:
1480	1.  A product evaluation report based upon testing or
1481	comparative or rational analysis, or a combination thereof, from
1482	an approved product evaluation entity indicating that the
1483	product or method or system of construction was evaluated to be
1484	in compliance with the intent of the Florida Building Code and
1485	that the product or method or system of construction is, for the
1486	purpose intended, at least equivalent to that required by the
1487	Florida Building Code; or
1488	2.  A product evaluation report based upon testing or
1489	comparative or rational analysis, or a combination thereof,
1490	developed and signed and sealed by a professional engineer or
1491	architect, licensed in this state, who certifies that the
1492	product or method or system of construction is, for the purpose
1493	intended, at least equivalent to that required by the Florida
1494	Building Code.
1495	(8)  The commission may adopt rules to approve the
1496	following types of entities that produce information on which
1497	product approvals are based. All of the following entities,
1498	including engineers and architects, must comply with a
1499	nationally recognized standard demonstrating independence or no
1500	conflict of interest:
1501	(a)  Evaluation entities that meet the criteria for
1502	approval adopted by the commission by rule. The commission shall
1503	specifically approve the National Evaluation Service, the
1504	International Association of Plumbing and Mechanical Officials
1505	Evaluation Service the International Conference of Building
1506	Officials Evaluation Services, the International Code Council
1507	Evaluation Services, the Building Officials and Code
1508	Administrators International Evaluation Services, the Southern
1509	Building Code Congress International Evaluation Services, and
1510	the Miami-Dade County Building Code Compliance Office Product
1511	Control. Architects and engineers licensed in this state are
1512	also approved to conduct product evaluations as provided in
1513	subsection (5).
1514	(b)  Testing laboratories accredited by national
1515	organizations, such as A2LA and the National Voluntary
1516	Laboratory Accreditation Program, laboratories accredited by
1517	evaluation entities approved under paragraph (a), and
1518	laboratories that comply with other guidelines for testing
1519	laboratories selected by the commission and adopted by rule.
1520	(c)  Quality assurance entities approved by evaluation
1521	entities approved under paragraph (a) and by certification
1522	agencies approved under paragraph (d) and other quality
1523	assurance entities that comply with guidelines selected by the
1524	commission and adopted by rule.
1525	(d)  Certification agencies accredited by nationally
1526	recognized accreditors and other certification agencies that
1527	comply with guidelines selected by the commission and adopted by
1528	rule.
1529	(e)  Validation entities that comply with accreditation
1530	standards established by the commission by rule.
1531	(17)(a)  The Florida Building Commission shall review the
1532	list of evaluation entities in subsection (8) and, in the annual
1533	report required under s. 553.77, shall either recommend
1534	amendments to the list to add evaluation entities the commission
1535	determines should be authorized to perform product evaluations
1536	or shall report on the criteria adopted by rule or to be adopted
1537	by rule allowing the commission to approve evaluation entities
1538	that use the commission's product evaluation process. If the
1539	commission adopts criteria by rule, the rulemaking process must
1540	be completed by July 1, 2009.
1541	(b)  Notwithstanding paragraph (8)(a), the International
1542	Association of Plumbing and Mechanical Officials Evaluation
1543	Services is approved as an evaluation entity until October 1,
1544	2009. If the association does not obtain permanent approval by
1545	the commission as an evaluation entity by October 1, 2009,
1546	products approved on the basis of an association evaluation must
1547	be substituted by an alternative, approved entity by December
1548	31, 2009, and on January 1, 2010, any product approval issued by
1549	the commission based on an association evaluation is void.
1550	Section 34.  Subsection (4) is added to section 553.844,
1551	Florida Statutes, to read:
1552	553.844  Windstorm loss mitigation; requirements for roofs
1553	and opening protection.-
1554	(4)  Notwithstanding the provisions of this section,
1555	exposed mechanical equipment or appliances fastened to rated
1556	stands, platforms, curbs, or slabs are deemed to comply with the
1557	wind resistance requirements for wind-borne debris regions as
1558	defined in s. 1609.2, Buildings Volume, 2007 Florida Building
1559	Code, as amended. Further support or enclosure of such
1560	mechanical equipment or appliances is not required by a state or
1561	local official having authority to enforce the Florida Building
1562	Code. This subsection expires December 31, 2012.
1563	Section 35.  Section 553.885, Florida Statutes, is amended
1564	to read:
1565	553.885  Carbon monoxide alarm required.-
1566	(1)  Every separate building or addition to an existing
1567	building, other than a hospital, an inpatient hospice facility,
1568	or a nursing home facility licensed by the Agency for Health
1569	Care Administration, constructed for which a building permit is
1570	issued for new construction on or after July 1, 2008, and having
1571	a fossil-fuel-burning heater or appliance, a fireplace, or an
1572	attached garage, or other feature, fixture, or element that
1573	emits carbon monoxide as a byproduct of combustion shall have an
1574	approved operational carbon monoxide alarm installed within 10
1575	feet of each room used for sleeping purposes in the new building
1576	or addition, or at such other locations as required by the
1577	Florida Building Code. The requirements of this subsection may
1578	be satisfied with the installation of a battery-powered carbon
1579	monoxide alarm or a battery-powered combination carbon monoxide
1580	and smoke alarm. For a new hospital, an inpatient hospice
1581	facility, or a nursing home facility licensed by the Agency for
1582	Health Care Administration, an approved operational carbon
1583	monoxide detector shall be installed inside or directly outside
1584	of each room or area within the hospital or facility where a
1585	fossil-fuel-burning heater, engine, or appliance is located.
1586	This detector shall be connected to the fire alarm system of the
1587	hospital or facility as a supervisory signal. This subsection
1588	does not apply to existing buildings that are undergoing
1589	alterations or repairs unless the alteration is an addition as
1590	defined in subsection (3).
1591	(2)  The Florida Building Commission shall adopt rules to
1592	administer this section and shall incorporate such requirements
1593	into its next revision of the Florida Building Code.
1594	(3)  As used in this section, the term:
1595	(a)  "Carbon monoxide alarm" means a device that is meant
1596	for the purpose of detecting carbon monoxide, that produces a
1597	distinct audible alarm, and that meets the requirements of and
1598	is approved by the Florida Building Commission.
1599	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1600	or other petroleum or hydrocarbon product that emits carbon
1601	monoxide as a by-product of combustion.
1602	(c)  "Addition" means an extension or increase in floor
1603	area, number of stories, or height of a building or structure.
1604	Section 36.  Subsection (2) of section 553.9061, Florida
1605	Statutes, is amended to read:
1606	553.9061  Scheduled increases in thermal efficiency
1607	standards.-
1608	(2)  The Florida Building Commission shall identify within
1609	code support and compliance documentation the specific building
1610	options and elements available to meet the energy performance
1611	goals established in subsection (1). Energy efficiency
1612	performance options and elements include, but are not limited
1613	to:
1614	(a)  Energy-efficient water heating systems, including
1615	solar water heating.
1616	(b)  Energy-efficient appliances.
1617	(c)  Energy-efficient windows, doors, and skylights.
1618	(d)  Low solar-absorption roofs, also known as "cool
1619	roofs."
1620	(e)  Enhanced ceiling and wall insulation.
1621	(f)  Reduced-leak duct systems and energy-saving devices
1622	and features installed within duct systems.
1623	(g)  Programmable thermostats.
1624	(h)  Energy-efficient lighting systems.
1625	(i)  Energy-saving quality installation procedures for
1626	replacement air-conditioning systems, including, but not limited
1627	to, equipment sizing analysis and duct inspection.
1628	(j)  Shading devices, sunscreening materials, and
1629	overhangs.
1630	(k)  Weatherstripping, caulking, and sealing of exterior
1631	openings and penetrations.
1632	(l)  Energy-efficient centralized computer data centers in
1633	office buildings.
1634	Section 37.  Subsections (3) and (4) of section 553.909,
1635	Florida Statutes, are amended to read:
1636	553.909  Setting requirements for appliances; exceptions.-
1637	(3)  Commercial or residential swimming pool pumps or water
1638	heaters manufactured on or sold after July 1, 2011, shall comply
1639	with the requirements of this subsection.
1640	(a)  Natural gas pool heaters shall not be equipped with
1641	constantly burning pilots.
1642	(b)  Heat pump pool heaters shall have a coefficient of
1643	performance at low temperature of not less than 4.0.
1644	(c)  The thermal efficiency of gas-fired pool heaters and
1645	oil-fired pool heaters shall not be less than 78 percent.
1646	(d)  All pool heaters shall have a readily accessible on-
1647	off switch that is mounted outside the heater and that allows
1648	shutting off the heater without adjusting the thermostat
1649	setting.
1650	(4)(a)  Residential swimming pool pumps and pump motors
1651	manufactured on or after July 1, 2011, shall comply with the
1652	requirements in this subsection.
1653	(b)  Residential pool pump motors shall not be split-phase,
1654	shaded-pole, or capacitor start-induction run types.
1655	(c)  Residential pool pumps and pool pump motors with a
1656	total horsepower of 1 HP or more shall have the capability of
1657	operating at two or more speeds with a low speed having a
1658	rotation rate that is no more than one-half of the motor's
1659	maximum rotation rate.
1660	(d)  Residential pool pump motor controls shall have the
1661	capability of operating the pool pump at a minimum of two
1662	speeds. The default circulation speed shall be the residential
1663	filtration speed, with a higher speed override capability being
1664	for a temporary period not to exceed one normal cycle or 24
1665	hours 120 minutes, whichever is less; except that circulation
1666	speed for solar pool heating systems shall be permitted to run
1667	at higher speeds during periods of usable solar heat gain.
1668	Section 38.  Section 553.912, Florida Statutes, is amended
1669	to read:
1670	553.912  Air conditioners.-All air conditioners that which
1671	are sold or installed in the state shall meet the minimum
1672	efficiency ratings of the Florida Energy Efficiency Code for
1673	Building Construction. These efficiency ratings shall be
1674	minimums and may be updated in the Florida Energy Efficiency
1675	Code for Building Construction by the department in accordance
1676	with s. 553.901, following its determination that more cost-
1677	effective energy-saving equipment and techniques are available.
1678	All replacement air-conditioning systems shall be installed
1679	using energy-saving, quality installation procedures, including,
1680	but not limited to, equipment sizing analysis and duct
1681	inspection.
1682	Section 39.  Subsection (2) of section 627.711, Florida
1683	Statutes, is amended to read:
1684	627.711  Notice of premium discounts for hurricane loss
1685	mitigation; uniform mitigation verification inspection form.-
1686	(2)  By July 1, 2007, the Financial Services Commission
1687	shall develop by rule a uniform mitigation verification
1688	inspection form that shall be used by all insurers when
1689	submitted by policyholders for the purpose of factoring
1690	discounts for wind insurance. In developing the form, the
1691	commission shall seek input from insurance, construction, and
1692	building code representatives. Further, the commission shall
1693	provide guidance as to the length of time the inspection results
1694	are valid. An insurer shall accept as valid a uniform mitigation
1695	verification form certified by the Department of Financial
1696	Services or signed by:
1697	(a)  A hurricane mitigation inspector certified by the My
1698	Safe Florida Home program;
1699	(b)  A building code inspector certified under s. 468.607;
1700	(c)  A general, building, or residential contractor
1701	licensed under s. 489.111;
1702	(d)  A professional engineer licensed under s. 471.015 who
1703	has passed the appropriate equivalency test of the Building Code
1704	Training Program as required by s. 553.841;
1705	(e)  A professional architect licensed under s. 481.213; or
1706	(f)  Any other individual or entity recognized by the
1707	insurer as possessing the necessary qualifications to properly
1708	complete a uniform mitigation verification form.
1709	Section 40.  Subsections (7) through (28) of section
1710	633.021, Florida Statutes, are renumbered as subsections (8)
1711	through (29), respectively, a new subsection (7) is added to
1712	that section, and present subsection (20) of that section is
1713	amended, to read:
1714	633.021  Definitions.-As used in this chapter:
1715	(7)(a)  "Fire equipment dealer Class A" means a licensed
1716	fire equipment dealer whose business is limited to servicing,
1717	recharging, repairing, installing, or inspecting all types of
1718	fire extinguishers and conducting hydrostatic tests on all types
1719	of fire extinguishers.
1720	(b)  "Fire equipment dealer Class B" means a licensed fire
1721	equipment dealer whose business is limited to servicing,
1722	recharging, repairing, installing, or inspecting all types of
1723	fire extinguishers, including recharging carbon dioxide units
1724	and conducting hydrostatic tests on all types of fire
1725	extinguishers, except carbon dioxide units.
1726	(c)  "Fire equipment dealer Class C" means a licensed fire
1727	equipment dealer whose business is limited to servicing,
1728	recharging, repairing, installing, or inspecting all types of
1729	fire extinguishers, except recharging carbon dioxide units, and
1730	conducting hydrostatic tests on all types of fire extinguishers,
1731	except carbon dioxide units.
1732	(d)  "Fire equipment dealer Class D" means a licensed fire
1733	equipment dealer whose business is limited to servicing,
1734	recharging, repairing, installing, hydrotesting, or inspecting
1735	of all types of preengineered fire extinguishing systems.
1736	(21)(a)(20)  A "preengineered system" is a fire suppression
1737	system which:
1738	1.(a)  Uses any of a variety of extinguishing agents.
1739	2.(b)  Is designed to protect specific hazards.
1740	3.(c)  Must be installed according to pretested limitations
1741	and configurations specified by the manufacturer and applicable
1742	National Fire Protection Association (NFPA) standards. Only
1743	those chapters within the National Fire Protection Association
1744	standards that pertain to servicing, recharging, repairing,
1745	installing, hydrotesting, or inspecting any type of
1746	preengineered fire extinguishing system may be used.
1747	4.(d)  Must be installed using components specified by the
1748	manufacturer or components that are listed as equal parts by a
1749	nationally recognized testing laboratory such as Underwriters
1750	Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1751	5.(e)  Must be listed by a nationally recognized testing
1752	laboratory.
1753	(b)  Preengineered systems consist of and include all of
1754	the components and parts providing fire suppression protection,
1755	but do not include the equipment being protected, and may
1756	incorporate special nozzles, flow rates, methods of application,
1757	pressurization levels, and quantities of agents designed by the
1758	manufacturer for specific hazards.
1759	Section 41.  Paragraph (b) of subsection (3) of section
1760	633.0215, Florida Statutes, is amended, and subsections (13) and
1761	(14) are added to that section, to read:
1762	633.0215  Florida Fire Prevention Code.-
1763	(3)  No later than 180 days before the triennial adoption
1764	of the Florida Fire Prevention Code, the State Fire Marshal
1765	shall notify each municipal, county, and special district fire
1766	department of the triennial code adoption and steps necessary
1767	for local amendments to be included within the code. No later
1768	than 120 days before the triennial adoption of the Florida Fire
1769	Prevention Code, each local jurisdiction shall provide the State
1770	Fire Marshal with copies of its local fire code amendments. The
1771	State Fire Marshal has the option to process local fire code
1772	amendments that are received less than 120 days before the
1773	adoption date of the Florida Fire Prevention Code.
1774	(b)  Any local amendment to the Florida Fire Prevention
1775	Code adopted by a local government shall be effective only until
1776	the adoption of the new edition of the Florida Fire Prevention
1777	Code, which shall be every third year. At such time, the State
1778	Fire Marshal shall adopt such amendment as part of the Florida
1779	Fire Prevention Code or rescind the amendment. The State Fire
1780	Marshal shall immediately notify the respective local government
1781	of the rescission of the amendment and the reason for the
1782	rescission. After receiving such notice, the respective local
1783	government may readopt the rescinded amendment. Incorporation of
1784	local amendments as regional and local concerns and variations
1785	shall be considered as adoption of an amendment pursuant to this
1786	section part.
1787	(13)(a)  The State Fire Marshal shall issue an expedited
1788	declaratory statement relating to interpretations of provisions
1789	of the Florida Fire Prevention Code according to the following
1790	guidelines:
1791	1.  The declaratory statement shall be rendered in
1792	accordance with s. 120.565, except that a final decision must be
1793	issued by the State Fire Marshal within 45 days after the
1794	division's receipt of a petition seeking an expedited
1795	declaratory statement. The State Fire Marshal shall give notice
1796	of the petition and the expedited declaratory statement or the
1797	denial of the petition in the next available issue of the
1798	Florida Administrative Weekly after the petition is filed and
1799	after the statement or denial is rendered.
1800	2.  The petitioner must be the owner of the disputed
1801	project or the owner's representative.
1802	3.  The petition for an expedited declaratory statement
1803	must be:
1804	a.  Related to an active project that is under construction
1805	or must have been submitted for a permit.
1806	b.  The subject of a written notice citing a specific
1807	provision of the Florida Fire Prevention Code which is in
1808	dispute.
1809	c.  Limited to a single question that is capable of being
1810	answered with a "yes" or "no" response.
1811	(b)  A petition for a declaratory statement which does not
1812	meet all of the requirements of this subsection must be denied
1813	without prejudice. This subsection does not affect the right of
1814	the petitioner as a substantially affected person to seek a
1815	declaratory statement under s. 633.01(6).
1816	(14)  A condominium that is one or two stories in height
1817	and has an exterior means of egress corridor is exempt from
1818	installing a manual fire alarm system as required in s. 9.6 of
1819	the most recent edition of the Life Safety Code adopted in the
1820	Florida Fire Prevention Code.
1821	Section 42.  Subsections (2) and (10) of section 633.0245,
1822	Florida Statutes, are amended to read:
1823	633.0245  State Fire Marshal Nursing Home Fire Protection
1824	Loan Guarantee Program.-
1825	(2)  The State Fire Marshal may enter into limited loan
1826	guarantee agreements with one or more financial institutions
1827	qualified as public depositories in this state. Such agreements
1828	shall provide a limited guarantee by the State of Florida
1829	covering no more than 50 percent of the principal sum loaned by
1830	such financial institution to an eligible nursing home, as
1831	defined in subsection (10), for the sole purpose of the initial
1832	installation at such nursing home of a fire protection system,
1833	as defined in s. 633.021(10)(9), approved by the State Fire
1834	Marshal as being in compliance with the provisions of s. 633.022
1835	and rules adopted thereunder.
1836	(10)  For purposes of this section, "eligible nursing home"
1837	means a nursing home facility that provides nursing services as
1838	defined in chapter 464, is licensed under part II of chapter
1839	400, and is certified by the Agency for Health Care
1840	Administration to lack an installed fire protection system as
1841	defined in s. 633.021(10)(9).
1842	Section 43.  Section 633.026, Florida Statutes, is amended
1843	to read:
1844	633.026  Legislative intent; informal interpretations of
1845	the Florida Fire Prevention Code.-It is the intent of the
1846	Legislature that the Florida Fire Prevention Code be interpreted
1847	by fire officials and local enforcement agencies in a manner
1848	that protects the public safety, health, and welfare by ensuring
1849	uniform interpretations throughout this state and by providing
1850	just and expeditious processes for resolving disputes regarding
1851	such interpretations. It is the intent of the Legislature that
1852	such processes provide for the expeditious resolution of the
1853	issues presented and that the resulting interpretation of such
1854	issues be published on the website of the Division of State Fire
1855	Marshal.
1856	(1)  The Division of State Fire Marshal shall by rule
1857	establish an informal process of rendering nonbinding
1858	interpretations of the Florida Fire Prevention Code. The
1859	Division of State Fire Marshal may contract with and refer
1860	interpretive issues to a nonprofit organization that has
1861	experience in interpreting and enforcing the Florida Fire
1862	Prevention Code. The Division of State Fire Marshal shall
1863	immediately implement the process prior to the completion of
1864	formal rulemaking. It is the intent of the Legislature that the
1865	Division of State Fire Marshal establish create a Fire Code
1866	Interpretation Committee composed of seven persons and seven
1867	alternates, equally representing each area of the state process
1868	to refer questions to a small group of individuals certified
1869	under s. 633.081(2), to which a party can pose questions
1870	regarding the interpretation of the Florida Fire Prevention Code
1871	provisions.
1872	(2)  Each member and alternate member of the Fire Code
1873	Interpretation Committee must be certified as a firesafety
1874	inspector pursuant to s. 633.081(2) and must have a minimum of 5
1875	years of experience interpreting and enforcing the Florida Fire
1876	Prevention Code and the Life Safety Code. Each member and
1877	alternate member must be approved by the Division of State Fire
1878	Marshal and deemed by the division to have met these
1879	requirements for at least 30 days before participating in a
1880	review of a nonbinding interpretation. It is the intent of the
1881	Legislature that the process provide for the expeditious
1882	resolution of the issues presented and publication of the
1883	resulting interpretation on the website of the Division of State
1884	Fire Marshal. It is the intent of the Legislature that this
1885	program be similar to the program established by the Florida
1886	Building Commission in s. 553.775(3)(g).
1887	(3)  Each nonbinding interpretation of code provisions must
1888	be provided within 10 business days after receipt of a request
1889	for interpretation. The response period established in this
1890	subsection may be waived only with the written consent of the
1891	party requesting the nonbinding interpretation and the Division
1892	of State Fire Marshal. Nonbinding Such interpretations shall be
1893	advisory only and nonbinding on the parties or the State Fire
1894	Marshal.
1895	(4)  In order to administer this section, the Division of
1896	State Fire Marshal shall charge department may adopt by rule and
1897	impose a fee for nonbinding interpretations, with payment made
1898	directly to the third party. The fee may not exceed $150 for
1899	each request for a review or interpretation. The division may
1900	authorize payment of fees directly to the nonprofit organization
1901	under contract pursuant to subsection (1).
1902	(5)  A party requesting a nonbinding interpretation who
1903	disagrees with the interpretation issued under this section may
1904	apply for a formal interpretation from the State Fire Marshal
1905	pursuant to s. 633.01(6).
1906	(6)  The Division of State Fire Marshal shall issue or
1907	cause to be issued a nonbinding interpretation of the Florida
1908	Fire Prevention Code pursuant to this section when requested to
1909	do so upon submission of a petition by a fire official or by the
1910	owner or owner's representative or the contractor or
1911	contractor's representative of a project in dispute. The
1912	division shall adopt a petition form by rule and the petition
1913	form must be published on the State Fire Marshal's website. The
1914	form shall, at a minimum, require:
1915	(a)  The name and address of the local fire official,
1916	including the address of the county, municipality, or special
1917	district.
1918	(b)  The name and address of the owner or owner's
1919	representative or the contractor or contractor's representative.
1920	(c)  A statement of the specific sections of the Florida
1921	Fire Prevention Code being interpreted by the local fire
1922	official.
1923	(d)  An explanation of how the petitioner's substantial
1924	interests are being affected by the local interpretation of the
1925	Florida Fire Prevention Code.
1926	(e)  A statement of the interpretation of the specific
1927	sections of the Florida Fire Prevention Code by the local fire
1928	official.
1929	(f)  A statement of the interpretation that the petitioner
1930	contends should be given to the specific sections of the Florida
1931	Fire Prevention Code and a statement supporting the petitioner's
1932	interpretation.
1933	(7)  Upon receipt of a petition that meets the requirements
1934	of subsection (6), the Division of State Fire Marshal shall
1935	immediately provide copies of the petition to the Fire Code
1936	Interpretation Committee, and shall publish the petition and any
1937	response submitted by the local fire official on the State Fire
1938	Marshal's website.
1939	(8)  The committee shall conduct proceedings as necessary
1940	to resolve the issues and give due regard to the petition, the
1941	facts of the matter at issue, specific code sections cited, and
1942	any statutory implications affecting the Florida Fire Prevention
1943	Code. The committee shall issue an interpretation regarding the
1944	provisions of the Florida Fire Prevention Code within 10 days
1945	after the filing of a petition. The committee shall issue an
1946	interpretation based upon the Florida Fire Prevention Code or,
1947	if the code is ambiguous, the intent of the code. The
1948	committee's interpretation shall be provided to the petitioner
1949	and shall include a notice that if the petitioner disagrees with
1950	the interpretation, the petitioner may file a request for formal
1951	interpretation by the State Fire Marshal under s. 633.01(6). The
1952	committee's interpretation shall be provided to the State Fire
1953	Marshal, and the division shall publish the interpretation on
1954	the State Fire Marshal's website and in the Florida
1955	Administrative Weekly.
1956	Section 44.  Subsections (2) through (10) of section
1957	633.061, Florida Statutes, are renumbered as subsections (3)
1958	through (11), respectively, a new subsection (2) is added to
1959	that section, and paragraph (c) of present subsection (3) of
1960	that section is amended, to read:
1961	633.061  Fire suppression equipment; license to install or
1962	maintain.-
1963	(2)  A person who holds a valid fire equipment dealer
1964	license may maintain such license in an inactive status during
1965	which time he or she may not engage in any work under the
1966	definition of the license held. An inactive status license shall
1967	be void after 2 years or at the time that the license is
1968	renewed, whichever comes first. The biennial renewal fee for an
1969	inactive status license shall be $75. An inactive status license
1970	may not be reactivated unless the continuing education
1971	requirements of this chapter have been fulfilled.
1972	(4)(3)
1973	(c)  A license of any class shall not be issued or renewed
1974	by the State Fire Marshal and a license of any class shall not
1975	remain operative unless:
1976	1.  The applicant has submitted to the State Fire Marshal
1977	evidence of registration as a Florida corporation or evidence of
1978	compliance with s. 865.09.
1979	2.  The State Fire Marshal or his or her designee has by
1980	inspection determined that the applicant possesses the equipment
1981	required for the class of license sought. The State Fire Marshal
1982	shall give an applicant a reasonable opportunity to correct any
1983	deficiencies discovered by inspection. A fee of $50, payable to
1984	the State Fire Marshal, shall be required for any subsequent
1985	reinspection.
1986	3.  The applicant has submitted to the State Fire Marshal
1987	proof of insurance providing coverage for comprehensive general
1988	liability for bodily injury and property damage, products
1989	liability, completed operations, and contractual liability. The
1990	State Fire Marshal shall adopt rules providing for the amounts
1991	of such coverage, but such amounts shall not be less than
1992	$300,000 for Class A or Class D licenses, $200,000 for Class B
1993	licenses, and $100,000 for Class C licenses; and the total
1994	coverage for any class of license held in conjunction with a
1995	Class D license shall not be less than $300,000. The State Fire
1996	Marshal may, at any time after the issuance of a license or its
1997	renewal, require upon demand, and in no event more than 30 days
1998	after notice of such demand, the licensee to provide proof of
1999	insurance, on a form provided by the State Fire Marshal,
2000	containing confirmation of insurance coverage as required by
2001	this chapter. Failure, for any length of time, to provide proof
2002	of insurance coverage as required shall result in the immediate
2003	suspension of the license until proof of proper insurance is
2004	provided to the State Fire Marshal. An insurer which provides
2005	such coverage shall notify the State Fire Marshal of any change
2006	in coverage or of any termination, cancellation, or nonrenewal
2007	of any coverage.
2008	4.  The applicant applies to the State Fire Marshal,
2009	provides proof of experience, and successfully completes a
2010	prescribed training course offered by the State Fire College or
2011	an equivalent course approved by the State Fire Marshal. This
2012	subparagraph does not apply to any holder of or applicant for a
2013	permit under paragraph (f) or to a business organization or a
2014	governmental entity seeking initial licensure or renewal of an
2015	existing license solely for the purpose of inspecting,
2016	servicing, repairing, marking, recharging, and maintaining fire
2017	extinguishers used and located on the premises of and owned by
2018	such organization or entity.
2019	5.  The applicant has a current retestor identification
2020	number that is appropriate for the license for which the
2021	applicant is applying and that is listed with the United States
2022	Department of Transportation.
2023	6.  The applicant has passed, with a grade of at least 70
2024	percent, a written examination testing his or her knowledge of
2025	the rules and statutes regulating the activities authorized by
2026	the license and demonstrating his or her knowledge and ability
2027	to perform those tasks in a competent, lawful, and safe manner.
2028	Such examination shall be developed and administered by the
2029	State Fire Marshal, or his or her designee in accordance with
2030	policies and procedures of the State Fire Marshal. An applicant
2031	shall pay a nonrefundable examination fee of $50 for each
2032	examination or reexamination scheduled. No reexamination shall
2033	be scheduled sooner than 30 days after any administration of an
2034	examination to an applicant. No applicant shall be permitted to
2035	take an examination for any level of license more than a total
2036	of four times during 1 year, regardless of the number of
2037	applications submitted. As a prerequisite to licensure of the
2038	applicant:
2039	a.  Must be at least 18 years of age.
2040	b.  Must have 4 years of proven experience as a fire
2041	equipment permittee at a level equal to or greater than the
2042	level of license applied for or have a combination of education
2043	and experience determined to be equivalent thereto by the State
2044	Fire Marshal. Having held a permit at the appropriate level for
2045	the required period constitutes the required experience.
2046	c.  Must not have been convicted of, or pled nolo
2047	contendere to, any felony. If an applicant has been convicted of
2048	any such felony, the applicant must comply with s.
2049	112.011(1)(b).
2050
2051	This subparagraph does not apply to any holder of or applicant
2052	for a permit under paragraph (f) or to a business organization
2053	or a governmental entity seeking initial licensure or renewal of
2054	an existing license solely for the purpose of inspecting,
2055	servicing, repairing, marking, recharging, hydrotesting, and
2056	maintaining fire extinguishers used and located on the premises
2057	of and owned by such organization or entity.
2058	Section 45.  Section 633.081, Florida Statutes, is amended
2059	to read:
2060	633.081  Inspection of buildings and equipment; orders;
2061	firesafety inspection training requirements; certification;
2062	disciplinary action.-The State Fire Marshal and her or his
2063	agents shall, at any reasonable hour, when the State Fire
2064	Marshal department has reasonable cause to believe that a
2065	violation of this chapter or s. 509.215, or a rule promulgated
2066	thereunder, or a minimum firesafety code adopted by a local
2067	authority, may exist, inspect any and all buildings and
2068	structures which are subject to the requirements of this chapter
2069	or s. 509.215 and rules promulgated thereunder. The authority to
2070	inspect shall extend to all equipment, vehicles, and chemicals
2071	which are located within the premises of any such building or
2072	structure.
2073	(1)  Each county, municipality, and special district that
2074	has firesafety enforcement responsibilities shall employ or
2075	contract with a firesafety inspector. The firesafety inspector
2076	must conduct all firesafety inspections that are required by
2077	law. The governing body of a county, municipality, or special
2078	district that has firesafety enforcement responsibilities may
2079	provide a schedule of fees to pay only the costs of inspections
2080	conducted pursuant to this subsection and related administrative
2081	expenses. Two or more counties, municipalities, or special
2082	districts that have firesafety enforcement responsibilities may
2083	jointly employ or contract with a firesafety inspector.
2084	(2)  Every firesafety inspection conducted pursuant to
2085	state or local firesafety requirements shall be by a person
2086	certified as having met the inspection training requirements set
2087	by the State Fire Marshal. Such person shall:
2088	(a)  Be a high school graduate or the equivalent as
2089	determined by the department;
2090	(b)  Not have been found guilty of, or having pleaded
2091	guilty or nolo contendere to, a felony or a crime punishable by
2092	imprisonment of 1 year or more under the law of the United
2093	States, or of any state thereof, which involves moral turpitude,
2094	without regard to whether a judgment of conviction has been
2095	entered by the court having jurisdiction of such cases;
2096	(c)  Have her or his fingerprints on file with the
2097	department or with an agency designated by the department;
2098	(d)  Have good moral character as determined by the
2099	department;
2100	(e)  Be at least 18 years of age;
2101	(f)  Have satisfactorily completed the firesafety inspector
2102	certification examination as prescribed by the department; and
2103	(g)1.  Have satisfactorily completed, as determined by the
2104	department, a firesafety inspector training program of not less
2105	than 200 hours established by the department and administered by
2106	agencies and institutions approved by the department for the
2107	purpose of providing basic certification training for firesafety
2108	inspectors; or
2109	2.  Have received in another state training which is
2110	determined by the department to be at least equivalent to that
2111	required by the department for approved firesafety inspector
2112	education and training programs in this state.
2113	(3)  Each special state firesafety inspection which is
2114	required by law and is conducted by or on behalf of an agency of
2115	the state must be performed by an individual who has met the
2116	provision of subsection (2), except that the duration of the
2117	training program shall not exceed 120 hours of specific training
2118	for the type of property that such special state firesafety
2119	inspectors are assigned to inspect.
2120	(4)  A firefighter certified pursuant to s. 633.35 may
2121	conduct firesafety inspections, under the supervision of a
2122	certified firesafety inspector, while on duty as a member of a
2123	fire department company conducting inservice firesafety
2124	inspections without being certified as a firesafety inspector,
2125	if such firefighter has satisfactorily completed an inservice
2126	fire department company inspector training program of at least
2127	24 hours' duration as provided by rule of the department.
2128	(5)  Every firesafety inspector or special state firesafety
2129	inspector certificate is valid for a period of 3 years from the
2130	date of issuance. Renewal of certification shall be subject to
2131	the affected person's completing proper application for renewal
2132	and meeting all of the requirements for renewal as established
2133	under this chapter or by rule promulgated thereunder, which
2134	shall include completion of at least 40 hours during the
2135	preceding 3-year period of continuing education as required by
2136	the rule of the department or, in lieu thereof, successful
2137	passage of an examination as established by the department.
2138	(6)  The State Fire Marshal may deny, refuse to renew,
2139	suspend, or revoke the certificate of a firesafety inspector or
2140	special state firesafety inspector if it finds that any of the
2141	following grounds exist:
2142	(a)  Any cause for which issuance of a certificate could
2143	have been refused had it then existed and been known to the
2144	State Fire Marshal.
2145	(b)  Violation of this chapter or any rule or order of the
2146	State Fire Marshal.
2147	(c)  Falsification of records relating to the certificate.
2148	(d)  Having been found guilty of or having pleaded guilty
2149	or nolo contendere to a felony, whether or not a judgment of
2150	conviction has been entered.
2151	(e)  Failure to meet any of the renewal requirements.
2152	(f)  Having been convicted of a crime in any jurisdiction
2153	which directly relates to the practice of fire code inspection,
2154	plan review, or administration.
2155	(g)  Making or filing a report or record that the
2156	certificateholder knows to be false, or knowingly inducing
2157	another to file a false report or record, or knowingly failing
2158	to file a report or record required by state or local law, or
2159	knowingly impeding or obstructing such filing, or knowingly
2160	inducing another person to impede or obstruct such filing.
2161	(h)  Failing to properly enforce applicable fire codes or
2162	permit requirements within this state which the
2163	certificateholder knows are applicable by committing willful
2164	misconduct, gross negligence, gross misconduct, repeated
2165	negligence, or negligence resulting in a significant danger to
2166	life or property.
2167	(i)  Accepting labor, services, or materials at no charge
2168	or at a noncompetitive rate from any person who performs work
2169	that is under the enforcement authority of the certificateholder
2170	and who is not an immediate family member of the
2171	certificateholder. For the purpose of this paragraph, the term
2172	"immediate family member" means a spouse, child, parent,
2173	sibling, grandparent, aunt, uncle, or first cousin of the person
2174	or the person's spouse or any person who resides in the primary
2175	residence of the certificateholder.
2176	(7)  The Division of State Fire Marshal and the Florida
2177	Building Code Administrators and Inspectors Board, established
2178	pursuant to under s. 468.605, shall enter into a reciprocity
2179	agreement to facilitate joint recognition of continuing
2180	education recertification hours for certificateholders licensed
2181	under s. 468.609 and firesafety inspectors certified under
2182	subsection (2).
2183	(8)  The State Fire Marshal shall develop by rule an
2184	advanced training and certification program for firesafety
2185	inspectors having fire code management responsibilities. The
2186	program must be consistent with the appropriate provisions of
2187	NFPA 1037, or similar standards adopted by the division, and
2188	establish minimum training, education, and experience levels for
2189	firesafety inspectors having fire code management
2190	responsibilities.
2191	(9)(7)  The department shall provide by rule for the
2192	certification of firesafety inspectors.
2193	Section 46.  Section 633.352, Florida Statutes, is amended
2194	to read:
2195	633.352  Retention of firefighter certification.-Any
2196	certified firefighter who has not been active as a firefighter,
2197	or as a volunteer firefighter with an organized fire department,
2198	for a period of 3 years shall be required to retake the
2199	practical portion of the minimum standards state examination
2200	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2201	Administrative Code, in order to maintain her or his
2202	certification as a firefighter; however, this requirement does
2203	not apply to state-certified firefighters who are certified and
2204	employed as full-time firesafety inspectors or firesafety
2205	instructors, regardless of the firefighter's employment status
2206	as determined by the division. The 3-year period begins on the
2207	date the certificate of compliance is issued or upon termination
2208	of service with an organized fire department.
2209	Section 47.  Paragraph (e) of subsection (2) and
2210	subsections (3), (10), and (11) of section 633.521, Florida
2211	Statutes, are amended to read:
2212	633.521  Certificate application and issuance; permit
2213	issuance; examination and investigation of applicant.-
2214	(2)
2215	(e)  An applicant may not be examined more than four times
2216	during 1 year for certification as a contractor pursuant to this
2217	section unless the person is or has been certified and is taking
2218	the examination to change classifications. If an applicant does
2219	not pass one or more parts of the examination, she or he may
2220	take any part of the examination three more times during the 1-
2221	year period beginning upon the date she or he originally filed
2222	an application to take the examination. If the applicant does
2223	not pass the examination within that 1-year period, she or he
2224	must file a new application and pay the application and
2225	examination fees in order to take the examination or a part of
2226	the examination again. However, the applicant may not file a new
2227	application sooner than 6 months after the date of her or his
2228	last examination. An applicant who passes the examination but
2229	does not meet the remaining qualifications as provided in
2230	applicable statutes and rules within 1 year after the
2231	application date must file a new application, pay the
2232	application and examination fee, successfully complete a
2233	prescribed training course approved by the State Fire College or
2234	an equivalent course approved by the State Fire Marshal, and
2235	retake and pass the written examination.
2236	(3)(a)  As a prerequisite to taking the examination for
2237	certification as a Contractor I, Contractor II, or Contractor
2238	III, the applicant must be at least 18 years of age, be of good
2239	moral character, and shall possess 4 years' proven experience in
2240	the employment of a fire protection system Contractor I,
2241	Contractor II, or Contractor III or a combination of equivalent
2242	education and experience in both water-based and chemical fire
2243	suppression systems.
2244	(b)  As a prerequisite to taking the examination for
2245	certification as a Contractor II, the applicant must be at least
2246	18 years of age, be of good moral character, and have 4 years of
2247	verifiable employment experience with a fire protection system
2248	as a Contractor I or Contractor II, or a combination of
2249	equivalent education and experience in water-based fire
2250	suppression systems.
2251	(c)  Required education and experience for certification as
2252	a Contractor I, Contractor II, Contractor III, or Contractor IV
2253	includes training and experience in both installation and system
2254	layout as defined in s. 633.021.
2255	(d)  As a prerequisite to taking the examination for
2256	certification as a Contractor III, the applicant must be at
2257	least 18 years of age, be of good moral character, and have 4
2258	years of verifiable employment experience with a fire protection
2259	system as a Contractor I or Contractor II, or a combination of
2260	equivalent education and experience in chemical fire suppression
2261	systems.
2262	(e)  As a prerequisite to taking the examination for
2263	certification as a Contractor IV, the applicant must shall be at
2264	least 18 years old, be of good moral character, be licensed as a
2265	certified plumbing contractor under chapter 489, and
2266	successfully complete a training program acceptable to the State
2267	Fire Marshal of not less than 40 contact hours regarding the
2268	applicable installation standard used by the Contractor IV as
2269	described in NFPA 13D. The State Fire Marshal may adopt rules to
2270	administer this subsection have at least 2 years' proven
2271	experience in the employment of a fire protection system
2272	Contractor I, Contractor II, Contractor III, or Contractor IV or
2273	combination of equivalent education and experience which
2274	combination need not include experience in the employment of a
2275	fire protection system contractor.
2276	(f)  As a prerequisite to taking the examination for
2277	certification as a Contractor V, the applicant must shall be at
2278	least 18 years old, be of good moral character, and have been
2279	licensed as a certified underground utility and excavation
2280	contractor or certified plumbing contractor pursuant to chapter
2281	489, have verification by an individual who is licensed as a
2282	certified utility contractor or certified plumbing contractor
2283	pursuant to chapter 489 that the applicant has 4 years' proven
2284	experience in the employ of a certified underground utility and
2285	excavation contractor or certified plumbing contractor, or have
2286	a combination of education and experience equivalent to 4 years'
2287	proven experience in the employ of a certified underground
2288	utility and excavation contractor or certified plumbing
2289	contractor.
2290	(g)  Within 30 days after the date of the examination, the
2291	State Fire Marshal shall inform the applicant in writing whether
2292	she or he has qualified or not and, if the applicant has
2293	qualified, that she or he is ready to issue a certificate of
2294	competency, subject to compliance with the requirements of
2295	subsection (4).
2296	(10)  Effective July 1, 2008, the State Fire Marshal shall
2297	require the National Institute of Certification in Engineering
2298	Technologies (NICET), Sub-field of Inspection and Testing of
2299	Fire Protection Systems Level II or equivalent training and
2300	education as determined by the division as proof that the
2301	permitholders are knowledgeable about nationally accepted
2302	standards for the inspection of fire protection systems. It is
2303	the intent of this act, from July 1, 2005, until July 1, 2008,
2304	to accept continuing education of all certificateholders'
2305	employees who perform inspection functions which specifically
2306	prepares the permitholder to qualify for NICET II certification.
2307	(11)  It is intended that a certificateholder, or a
2308	permitholder who is employed by a certificateholder, conduct
2309	inspections required by this chapter. It is understood that
2310	after July 1, 2008, employee turnover may result in a depletion
2311	of personnel who are certified under the NICET Sub-field of
2312	Inspection and Testing of Fire Protection Systems Level II or
2313	equivalent training and education as required by the Division of
2314	State Fire Marshal which is required for permitholders. The
2315	extensive training and experience necessary to achieve NICET
2316	Level II certification is recognized. A certificateholder may
2317	therefore obtain a provisional permit with an endorsement for
2318	inspection, testing, and maintenance of water-based fire
2319	extinguishing systems for an employee if the employee has
2320	initiated procedures for obtaining Level II certification from
2321	the National Institute for Certification in Engineering
2322	Technologies Sub-field of Inspection and Testing of Fire
2323	Protection Systems and achieved Level I certification or an
2324	equivalent level as determined by the State Fire Marshal through
2325	verification of experience, training, and examination. The State
2326	Fire Marshal may establish rules to administer this subsection.
2327	After 2 years of provisional certification, the employee must
2328	have achieved NICET Level II certification or obtain equivalent
2329	training and education as determined by the division, or cease
2330	performing inspections requiring Level II certification. The
2331	provisional permit is valid only for the 2 calendar years after
2332	the date of issuance, may not be extended, and is not renewable.
2333	After the initial 2-year provisional permit expires, the
2334	certificateholder must wait 2 additional years before a new
2335	provisional permit may be issued. The intent is to prohibit the
2336	certificateholder from using employees who never reach NICET
2337	Level II status, or equivalent training and education as
2338	determined by the division, by continuously obtaining
2339	provisional permits.
2340	Section 48.  Subsection (3) is added to section 633.524,
2341	Florida Statutes, to read:
2342	633.524  Certificate and permit fees; use and deposit of
2343	collected funds.-
2344	(3)  The State Fire Marshal may enter into a contract with
2345	any qualified public entity or private company in accordance
2346	with chapter 287 to provide examinations for any applicant for
2347	any examination administered under the jurisdiction of the State
2348	Fire Marshal. The State Fire Marshal may direct payments from
2349	each applicant for each examination directly to such contracted
2350	entity or company.
2351	Section 49.  Subsection (4) of section 633.537, Florida
2352	Statutes, is amended to read:
2353	633.537  Certificate; expiration; renewal; inactive
2354	certificate; continuing education.-
2355	(4)  The renewal period for the permit class is the same as
2356	that for the employing certificateholder. The continuing
2357	education requirements for permitholders are what is required to
2358	maintain NICET Sub-field of Inspection and Testing of Fire
2359	Protection Systems Level II, equivalent training and education
2360	as determined by the division, or higher certification plus 8
2361	contact hours of continuing education approved by the State Fire
2362	Marshal during each biennial renewal period thereafter. The
2363	continuing education curriculum from July 1, 2005, until July 1,
2364	2008, shall be the preparatory curriculum for NICET II
2365	certification; after July 1, 2008, the technical curriculum is
2366	at the discretion of the State Fire Marshal and may be used to
2367	meet the maintenance of NICET Level II certification and 8
2368	contact hours of continuing education requirements. It is the
2369	responsibility of the permitholder to maintain NICET II
2370	certification or equivalent training and education as determined
2371	by the division as a condition of permit renewal after July 1,
2372	2008.
2373	Section 50.  Subsection (4) of section 633.72, Florida
2374	Statutes, is amended to read:
2375	633.72  Florida Fire Code Advisory Council.-
2376	(4)  Each appointee shall serve a 4-year term. No member
2377	shall serve more than two consecutive terms one term. No member
2378	of the council shall be paid a salary as such member, but each
2379	shall receive travel and expense reimbursement as provided in s.
2380	112.061.
2381	Section 51.  Subsection (6) of section 718.113, Florida
2382	Statutes, is repealed.
2383	Section 52.  The Florida Building Commission shall revise
2384	the Florida Building Code in order to make it consistent with
2385	the revisions made by this act to s. 399.02, Florida Statutes.
2386	Section 53.  This act shall take effect July 1, 2010.

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