CS/CS/HB 663

A bill to be entitled
2An act relating to building safety; amending s. 196.031,
3F.S.; specifying an additional condition that constitutes
4an abandonment of homestead property for homestead
5exemption purposes; amending s. 399.02, F.S.; exempting
6certain elevators from provisions requiring modifications
7to certain elevator controls; amending s. 399.15, F.S.;
8providing an alternative method to allow access to
9regional emergency elevators; providing for a uniform lock
10box; providing for a master key; providing the Division of
11State Fire Marshal with enforcement authority; directing
12the Department of Financial Services to select the
13provider of the uniform lock box; amending s. 468.8311,
14F.S.; revising the term "home inspection services";
15amending s. 468.8312, F.S.; deleting a fee provision for
16certain certificates of authorization; amending s.
17468.8313, F.S.; revising examination requirements for
18licensure as a home inspector; providing application
19fingerprinting requirements and procedures; providing for
20applicant responsibility for certain costs; amending s.
21468.8318, F.S.; revising requirements and procedures for
22certification of corporations and partnerships offering
23home inspection services to the public; deleting
24provisions relating to required certificates of
25authorization; specifying application and prospective
26operation of certain provisions; amending s. 468.8319,
27F.S.; revising certain prohibitions with respect to
28providers of home inspection services; amending s.
29468.832, F.S.; providing an additional ground for taking
30certain disciplinary actions; amending s. 468.8324, F.S.;
31specifying additional requirements for licensure as a home
32inspector; creating s. 468.8325, F.S.; requiring the
33department to adopt rules to administer pt. XV, ch. 468,
34F.S., relating to home inspectors; amending s. 468.8412,
35F.S.; deleting a fee provision for certain biennial
36certificates of authorization renewal; amending s.
37468.8413, F.S.; revising examination requirements and
38procedures for licensure as a mold assessor or mold
39remediator; amending s. 468.8414, F.S.; specifying an
40additional applicant qualification criterion for licensure
41by endorsement; amending s. 468.8418, F.S.; revising
42requirements and procedures for certification of
43corporations and partnerships offering mold assessment or
44mold remediation services to the public; deleting
45provisions relating to required certificates of
46authorization; amending s. 468.842, F.S.; providing an
47additional ground for taking certain disciplinary actions;
48amending s. 468.8421, F.S.; specifying an insurance
49coverage requirement for mold assessors; amending s.
50468.8423, F.S.; specifying additional requirements for
51licensure as a mold assessor or mold remediator; creating
52s. 468.8424, F.S.; requiring the department to adopt rules
53to administer pt. XVI, ch. 468, F.S., relating to mold-
54related services; amending s. 489.103, F.S.; conforming a
55cross-reference; amending s. 553.37, F.S.; authorizing
56manufacturers to pay inspection fees directly to the
57provider of inspection services; providing requirements
58for department rules regarding the schedule of fees;
59authorizing the department to enter into contracts for the
60performance of certain administrative duties; revising
61inspection requirements for certain custom manufactured
62buildings; amending s. 553.375, F.S.; revising the
63requirement for recertification of manufactured buildings
64prior to relocation; amending s. 553.509, F.S.; deleting
65certain requirements for alternate power sources for
66elevators for purposes of operating during an emergency;
67amending s. 553.512, F.S.; requiring the Florida Building
68Commission to establish by rule a fee for certain waiver
69requests; amending s. 553.73, F.S.; conforming cross-
70references; authorizing counties and municipalities to
71adopt by ordinance administrative or technical amendments
72to the Florida Building Code for certain flood-related
73purposes; specifying requirements and procedures; revising
74foundation code adoption requirements; authorizing the
75Florida Building Commission to approve amendments relating
76to equivalency of standards; exempting certain mausoleums
77from the requirements of the Florida Building Code;
78exempting certain temporary housing provided by the
79Department of Corrections from the requirements of the
80Florida Building Code; restricting the code, code
81enforcement agencies, and local governments from imposing
82requirements on certain mechanical equipment on roofs;
83amending s. 553.74, F.S.; specifying absence of
84impermissible conflicts of interest for certain committee
85or workgroup members while representing clients under
86certain circumstances; specifying certain prohibited
87activities for such members; amending s. 553.76, F.S.;
88authorizing the Florida Building Commission to adopt rules
89related to consensus-building decisionmaking; amending s.
90553.775, F.S.; conforming a cross-reference; authorizing
91the commission to charge a fee for filing certain requests
92and for nonbinding interpretations; limiting fees for
93nonbinding interpretations; amending s. 553.79, F.S.;
94requiring certain inspection services to be performed
95under the alternative plans review and inspection process
96or by a local governmental entity; reenacting s.
97553.80(1), F.S., relating to the enforcement of the
98Florida Building Code, to incorporate the amendments made
99to s. 553.79, F.S., in a reference thereto; amending s.
100553.80, F.S.; specifying nonapplicability of certain
101exemptions from the Florida Building Code granted by
102certain enforcement entities under certain circumstances;
103revising requirements for review of facility plans and
104construction surveyed for certain hospitals and health
105care facilities; amending s. 553.841, F.S.; deleting
106provisions requiring that the Department of Community
107Affairs maintain, update, develop, or cause to be
108developed a core curriculum for persons who enforce the
109Florida Building Code; amending s. 553.842, F.S.;
110authorizing rules requiring the payment of product
111evaluation fees directly to the administrator of the
112product evaluation and approval system; specifying the use
113of such fees; authorizing the Florida Building Commission
114to provide by rule for editorial revisions to certain
115approvals and charge certain fees; providing requirements
116for the approval of applications for state approval of a
117product; providing for certain approved products to be
118immediately added to the list of state-approved products;
119requiring that the commission's oversight committee review
120approved products; revising the list of approved
121evaluation entities; deleting obsolete provisions
122governing evaluation entities; amending s. 553.844, F.S.;
123providing an exemption from the requirements regarding
124roof and opening protections for certain exposed
125mechanical equipment or appliances; providing for future
126expiration; amending s. 553.885, F.S.; revising
127requirements for carbon monoxide alarms; providing an
128exception for buildings undergoing alterations or repairs;
129defining the term "addition" as it relates to the
130requirement of a carbon monoxide alarm; amending s.
131553.9061, F.S.; revising the energy efficiency performance
132options and elements identified by the commission for
133purposes of meeting certain goals; amending s. 553.909,
134F.S.; revising a compliance criterion for certain swimming
135pool pumps or water heaters; revising requirements for
136residential swimming pool pumps and pump motors; amending
137s. 553.912, F.S.; providing requirements for replacement
138air-conditioning systems; amending s. 627.711, F.S.;
139conforming provisions to changes made by the act in which
140core curriculum courses relating to the Florida Building
141Code are deleted; revising the list of persons qualified
142to sign certain mitigation verification forms for certain
143purposes; amending s. 633.021, F.S.; providing additional
144definitions for fire equipment dealers; revising the
145definition of the term "preengineered systems"; amending
146s. 633.0215, F.S.; providing guidelines for the State Fire
147Marshal to apply when issuing an expedited declaratory
148statement; requiring that the State Fire Marshal issue an
149expedited declaratory statement under certain
150circumstances; providing requirements for a petition
151requesting an expedited declaratory statement; exempting
152certain condominiums from installing manual fire alarm
153systems; amending s. 633.0245, F.S.; conforming cross-
154references; amending s. 633.026, F.S.; providing
155legislative intent; revising authority of the State Fire
156Marshal to contract with and refer interpretive issues to
157certain entities; providing for the establishment of the
158Fire Code Interpretation Committee; providing for the
159membership of the committee and requirements for
160membership; requiring that nonbinding interpretations of
161the Florida Fire Prevention Code be issued within a
162specified period after a request is received; providing
163for the waiver of such requirement under certain
164conditions; requiring that the Division of State Fire
165Marshal charge a fee for nonbinding interpretations;
166providing that fees may be paid directly to a contract
167provider; providing requirements for requesting a
168nonbinding interpretation; requiring that the Division of
169State Fire Marshal develop a form for submitting a
170petition for a nonbinding interpretation; providing for a
171formal interpretation by the State Fire Marshal; requiring
172that an interpretation of the Florida Fire Prevention Code
173be published on the division's website and in the Florida
174Administrative Weekly; amending s. 626.061, F.S.;
175authorizing certain fire equipment dealer licensees to
176maintain inactive license status under certain
177circumstances; providing requirements; providing for a
178renewal fee; revising continuing education requirements;
179revising an applicant licensure qualification requirement;
180amending s. 633.081, F.S.; requiring that the State Fire
181Marshal inspect a building when the State Fire Marshal,
182rather than the Department of Financial Services, has
183cause to believe a violation has occurred; providing
184exceptions to requirements that certain firesafety
185inspections be conducted by firesafety inspectors;
186requiring that the Division of State Fire Marshal and the
187Florida Building Code Administrators and Inspectors Board
188enter into a reciprocity agreement for purposes of
189recertifying building code inspectors, plan inspectors,
190building code administrators, and firesafety inspectors;
191requiring that the State Fire Marshal develop by rule an
192advanced training and certification program for firesafety
193inspectors who have fire code management responsibilities;
194requiring that the program be consistent with certain
195standards and establish minimum training, education, and
196experience levels for such firesafety inspectors; amending
197s. 633.082, F.S.; authorizing alternative inspection
198procedures for certain fire hydrants; amending s. 633.352,
199F.S.; providing an exception to requirements for
200recertification as a firefighter; amending s. 633.521,
201F.S.; revising requirements for certification as a fire
202protection system contractor; revising the prerequisites
203for taking the certification examination; authorizing the
204State Fire Marshal to accept more than one source of
205professional certification; revising legislative intent;
206amending s. 633.524, F.S.; authorizing the State Fire
207Marshal to enter into contracts for examination services;
208providing for the direct payment of examination fees to
209contract providers; amending s. 633.537, F.S.; revising
210the continuing education requirements for certain
211permitholders; amending 633.72, F.S.; revising the terms
212of service for members of the Fire Code Advisory Council;
213repealing s. 718.113(6), F.S., relating to requirements
214for 5-year inspections of certain condominium
215improvements; directing the Florida Building Commission to
216conform provisions of the Florida Building Code with
217revisions made by the act relating to the operation of
218elevators; providing an effective date.
220Be It Enacted by the Legislature of the State of Florida:
222     Section 1.  Subsection (6) of section 196.031, Florida
223Statutes, is amended to read:
224     196.031  Exemption of homesteads.-
225     (6)  When homestead property is damaged or destroyed by
226misfortune or calamity and the property is uninhabitable on
227January 1 after the damage or destruction occurs, the homestead
228exemption may be granted if the property is otherwise qualified
229and if the property owner notifies the property appraiser that
230he or she intends to repair or rebuild the property and live in
231the property as his or her primary residence after the property
232is repaired or rebuilt and does not claim a homestead exemption
233on any other property or otherwise violate this section. Failure
234by the property owner to commence the repair or rebuilding of
235the homestead property within 3 years after January 1 following
236the property's damage or destruction constitutes abandonment of
237the property as a homestead. After the 3-year period, the
238expiration, lapse, nonrenewal, or revocation of a building
239permit issued to the property owner for such repairs or
240rebuilding also constitutes abandonment of the property as
242     Section 2.  Subsection (6) of section 399.02, Florida
243Statutes, is amended to read:
244     399.02  General requirements.-
245     (6)  The department is empowered to carry out all of the
246provisions of this chapter relating to the inspection and
247regulation of elevators and to enforce the provisions of the
248Florida Building Code, except that provisions of and any updates
249to the code requiring modifications for Phase II Firefighters'
250Services controls on existing elevators, as amended into the
251Safety Code for Existing Elevators and Escalators, ANSI/ASME
252A17.1 and A17.3, may not be enforced on elevators issued a
253certificate of operation by the department before July 1, 2009,
254until the elevator is replaced. This exception does not apply to
255any building for which a building permit was issued on or after
256July 1, 2009.
257     Section 3.  Present subsection (7) of section 399.15,
258Florida Statutes, is renumbered as subsection (8), and a new
259subsection (7) is added to that section to read:
260     399.15  Regional emergency elevator access.-
261     (7)  As an alternative to complying with the requirements
262of subsection (1), each building in this state which is required
263to meet the provisions of subsections (1) and (2) may instead
264provide for the installation of a uniform lock box that contains
265the keys to all elevators in the building allowing public
266access, including service and freight elevators. The uniform
267lock box must be keyed to allow all uniform lock boxes in each
268of the seven state emergency response regions to operate in fire
269emergency situations using one master key. The master key for
270the uniform lock shall be issued only to the fire department.
271The Division of State Fire Marshal of the Department of
272Financial Services shall enforce this subsection. The Department
273of Financial Services shall select the provider of the uniform
274lock box to be installed in each building in which the
275requirements of this subsection are implemented.
276     Section 4.  Subsection (4) of section 468.8311, Florida
277Statutes, is amended to read:
278     468.8311  Definitions.-As used in this part, the term:
279     (4)  "Home inspection services" means a limited visual
280examination of one or more of the following readily accessible
281installed systems and components of a home: the structure,
282electrical system, HVAC system, roof covering, plumbing system,
283interior components, exterior components, and site conditions
284that affect the structure, for the purposes of providing a
285written professional opinion of the condition of the home.
286     Section 5.  Subsections (4) through (8) of section
287468.8312, Florida Statutes, are amended to read:
288     468.8312  Fees.-
289     (4)  The fee for a certificate of authorization shall not
290exceed $125.
291     (4)(5)  The biennial renewal fee shall not exceed $200.
292     (5)(6)  The fee for licensure by endorsement shall not
293exceed $200.
294     (6)(7)  The fee for application for inactive status or for
295reactivation of an inactive license shall not exceed $200.
296     (7)(8)  The fee for applications from providers of
297continuing education may not exceed $500.
298     Section 6.  Subsections (1) and (2) of section 468.8313,
299Florida Statutes, are amended, subsection (6) of that section is
300renumbered as subsection (7) and amended, and a new subsection
301(6) is added to that section, to read:
302     468.8313  Examinations.-
303     (1)  A person desiring to be licensed as a home inspector
304shall apply to the department after he or she satisfies the
305examination requirements of this part to take a licensure
307     (2)  An applicant shall be entitled to take the licensure
308examination for the purpose of determining whether he or she is
309qualified to practice in this state as a home inspector if the
310applicant has passed the required examination, is of good moral
311character, and has completed a course of study of at least no
312less than 120 hours that covers all of the following components
313of a home: structure, electrical system, HVAC system, roof
314covering, plumbing system, interior components, exterior
315components, and site conditions that affect the structure.
316     (6)  An applicant for a license shall submit, together with
317the application, a complete set of electronic fingerprints in a
318form and manner required by the department. The department shall
319submit the fingerprints to the Department of Law Enforcement for
320processing. The Department of Law Enforcement shall forward the
321fingerprints to the Federal Bureau of Investigation for a level
3222 background check pursuant to s. 435.04. The department shall
323review the background results to determine if an applicant meets
324the requirements for licensure. The applicant is responsible for
325the cost associated with processing the fingerprints. The
326authorized agencies or vendors shall collect such fees and pay
327for the processing costs due to the Department of Law
329     (7)(6)  The department may adopt rules pursuant to ss.
330120.536(1) and 120.54 to implement the provisions of this
332     Section 7.  Section 468.8318, Florida Statutes, is amended
333to read:
334     468.8318  Certification of corporations and partnerships.-
335     (1)  The department shall issue a certificate of
336authorization to a corporation or partnership offering home
337inspection services to the public if the corporation or
338partnership satisfies all of the requirements of this part.
339     (2)  The practice of or the offer to practice home
340inspection services by licensees through a corporation or
341partnership offering home inspection services to the public, or
342by a corporation or partnership offering such services to the
343public through licensees under this part as agents, employees,
344officers, or partners, is permitted subject to the provisions of
345this part, provided that all personnel of the corporation or
346partnership who act in its behalf as home inspectors in this
347state are licensed as provided by this part; and further
348provided that the corporation or partnership has been issued a
349certificate of authorization by the department as provided in
350this section. Nothing in this section shall be construed to
351allow a corporation to hold a license to practice home
352inspection services. No corporation or partnership shall be
353relieved of responsibility for the conduct or acts of its
354agents, employees, or officers by reason of its compliance with
355this section, nor shall any individual practicing home
356inspection services be relieved of responsibility for
357professional services performed by reason of his or her
358employment or relationship with a corporation or partnership.
359     (3)  For the purposes of this section, a certificate of
360authorization shall be required for a corporation, partnership,
361association, or person practicing under a fictitious name and
362offering home inspection services to the public; however, when
363an individual is practicing home inspection services in his or
364her own given name, he or she shall not be required to register
365under this section.
366     (4)  Each certificate of authorization shall be renewed
367every 2 years. Each partnership and corporation certified under
368this section shall notify the department within 1 month of any
369change in the information contained in the application upon
370which the certification is based.
371     (5)  Disciplinary action against a corporation or
372partnership shall be administered in the same manner and on the
373same grounds as disciplinary action against a licensed home
375     Section 8.  Notwithstanding the effective date of July 1,
3762010, provided by section 4 of chapter 2007-235, Laws of
377Florida, the provisions of paragraphs (a) and (b) of subsection
378(1) of section 468.8319, Florida Statutes, shall apply and
379operate prospectively from July 1, 2011.
380     Section 9.  Paragraphs (f) and (g) of subsection (1) of
381section 468.8319, Florida Statutes, are amended to read:
382     468.8319  Prohibitions; penalties.-
383     (1)  A home inspector, a company that employs a home
384inspector, or a company that is controlled by a company that
385also has a financial interest in a company employing a home
386inspector may not:
387     (f)  Perform or offer to perform, prior to closing, for any
388additional fee, any repairs to a home on which the inspector or
389the inspector's company has prepared a home inspection report.
390This paragraph does not apply to a home warranty company that is
391affiliated with or retains a home inspector to perform repairs
392pursuant to a claim made under a home warranty contract;
393     (g)  Inspect for a fee any property in which the inspector
394or the inspector's company has any financial or transfer
396     Section 10.  Subsection (1) of section 468.832, Florida
397Statutes, is amended to read:
398     468.832  Disciplinary proceedings.-
399     (1)  The following acts constitute grounds for which the
400disciplinary actions in subsection (2) may be taken:
401     (a)  Violation of any provision of this part or s.
403     (b)  Attempting to procure a license to practice home
404inspection services by bribery or fraudulent misrepresentation.;
405     (c)  Having a license to practice home inspection services
406revoked, suspended, or otherwise acted against, including the
407denial of licensure, by the licensing authority of another
408state, territory, or country.;
409     (d)  Being convicted or found guilty of, or entering a plea
410of nolo contendere to, regardless of adjudication, a crime in
411any jurisdiction that directly relates to the practice of home
412inspection services or the ability to practice home inspection
414     (e)  Making or filing a report or record that the licensee
415knows to be false, willfully failing to file a report or record
416required by state or federal law, willfully impeding or
417obstructing such filing, or inducing another person to impede or
418obstruct such filing. Such reports or records shall include only
419those that are signed in the capacity of a licensed home
421     (f)  Advertising goods or services in a manner that is
422fraudulent, false, deceptive, or misleading in form or content.;
423     (g)  Engaging in fraud or deceit, or negligence,
424incompetency, or misconduct, in the practice of home inspection
426     (h)  Failing to perform any statutory or legal obligation
427placed upon a licensed home inspector; violating any provision
428of this chapter, a rule of the department, or a lawful order of
429the department previously entered in a disciplinary hearing; or
430failing to comply with a lawfully issued subpoena of the
431department.; or
432     (i)  Practicing on a revoked, suspended, inactive, or
433delinquent license.
434     (j)  Failing to meet any standard of practice adopted by
435the department.
436     Section 11.  Section 468.8324, Florida Statutes, is amended
437to read:
438     468.8324  Grandfather clause.-A person who performs home
439inspection services as defined in this part may qualify to be
440licensed by the department as a home inspector if the person
441submits an application to the department postmarked on or before
442March 1, 2011, that shows the applicant: meets the licensure
443requirements of this part by July 1, 2010.
444     (1)(a)  Has been certified as a home inspector by a state
445or national association that required successful completion of a
446proctored examination on home inspection, as defined in this
447part, and has completed at least 14 hours of verifiable
448education on home inspection; or
449     (b)  Has at least 3 years of experience as a home inspector
450at the time of application and has completed 14 hours of
451verifiable education on home inspection. Applicants must provide
452120 home inspection reports based on home inspections, as
453defined in this part, to establish the required 3 years of
454experience. The department may conduct investigations regarding
455the validity of home inspection reports submitted pursuant to
456this paragraph and may take disciplinary action pursuant to s.
457468.832 for filing false reports.
458     (2)  Has not, within 5 years after the date of application,
459had a home inspector license or a license in a related field
460revoked, suspended, or assessed a fine in excess of $500. For
461purposes of this part, a license in a related field includes,
462but is not limited to, licensure in real estate, construction,
463mold remediation, mold assessment, or building code
464administration or inspection.
465     (3)  Submits to and is not disqualified by the results of
466the criminal background check required under s. 468.8313.
467     (4)  Is of good moral character as defined in s. 468.8313.
468     (5)  Has general liability insurance as required in s.
470     Section 12.  Section 468.8325, Florida Statutes, is created
471to read:
472     468.8325  Rulemaking.-The department shall adopt rules to
473administer this part.
474     Section 13.  Subsections (6) through (10) of section
475468.8412, Florida Statutes, are amended to read:
476     468.8412  Fees.-
477     (6)  The fee for a biennial certificate of authorization
478renewal shall not exceed $400.
479     (6)(7)  The fee for licensure by endorsement shall not
480exceed $200.
481     (7)(8)  The fee for application for inactive status shall
482not exceed $100.
483     (8)(9)  The fee for reactivation of an inactive license
484shall not exceed $200.
485     (9)(10)  The fee for applications from providers of
486continuing education may not exceed $500.
487     Section 14.  Subsections (1) and (2) of section 468.8413,
488Florida Statutes, are amended to read:
489     468.8413  Examinations.-
490     (1)  A person desiring to be licensed as a mold assessor or
491mold remediator shall apply to the department after he or she
492satisfies the examination requirements of this part to take a
493licensure examination.
494     (2)  An applicant is qualified shall be entitled to take
495the licensure examination to practice in this state as a mold
496assessor or mold remediator if the applicant has passed the
497required examination, is of good moral character, and has
498satisfied one of the following requirements:
499     (a)1.  For a mold remediator, at least an associate of arts
500or equivalent a 2-year degree and has completed at least 30
501semester hours in microbiology, engineering, architecture,
502industrial hygiene, occupational safety, or a related field of
503science from an accredited institution and a minimum of 1 year
504of documented field experience in a field related to mold
505remediation; or
506     2.  A high school diploma or the equivalent with a minimum
507of 4 years of documented field experience in a field related to
508mold remediation.
509     (b)1.  For a mold assessor, at least an associate of arts
510or equivalent a 2-year degree and has completed at least 30
511semester hours in microbiology, engineering, architecture,
512industrial hygiene, occupational safety, or a related field of
513science from an accredited institution and a minimum of 1 year
514of documented field experience in conducting microbial sampling
515or investigations; or
516     2.  A high school diploma or the equivalent with a minimum
517of 4 years of documented field experience in conducting
518microbial sampling or investigations.
519     Section 15.  Subsection (3) of section 468.8414, Florida
520Statutes, is amended to read:
521     468.8414  Licensure.-
522     (3)  The department shall certify as qualified for a
523license by endorsement an applicant who:
524     (a)  Is of good moral character.
525     (b)  Possesses liability insurance as required in s.
526468.8421. and:
527     (c)1.(a)  Is qualified to take the examination as set forth
528in s. 468.8413 and has passed a certification examination
529offered by a nationally recognized organization that certifies
530persons in the specialty of mold assessment or mold remediation
531that has been approved by the department as substantially
532equivalent to the requirements of this part and s. 455.217; or
533     2.(b)  Holds a valid license to practice mold assessment or
534mold remediation issued by another state or territory of the
535United States if the criteria for issuance of the license were
536substantially the same as the licensure criteria that is
537established by this part as determined by the department.
538     Section 16.  Section 468.8418, Florida Statutes, is amended
539to read:
540     468.8418  Certification of partnerships and corporations.-
541     (1)  The department shall issue a certificate of
542authorization to a corporation or partnership offering mold
543assessment or mold remediation services to the public if the
544corporation or partnership satisfies all of the requirements of
545this part.
546     (2)  The practice of or the offer to practice mold
547assessment or mold remediation by licensees through a
548corporation or partnership offering mold assessment or mold
549remediation to the public, or by a corporation or partnership
550offering such services to the public through licensees under
551this part as agents, employees, officers, or partners, is
552permitted subject to the provisions of this part, provided that
553the corporation or partnership has been issued a certificate of
554authorization by the department as provided in this section.
555Nothing in this section shall be construed to allow a
556corporation to hold a license to practice mold assessment or
557mold remediation. No corporation or partnership shall be
558relieved of responsibility for the conduct or acts of its
559agents, employees, or officers by reason of its compliance with
560this section, nor shall any individual practicing mold
561assessment or mold remediation be relieved of responsibility for
562professional services performed by reason of his or her
563employment or relationship with a corporation or partnership.
564     (3)  For the purposes of this section, a certificate of
565authorization shall be required for a corporation, partnership,
566association, or person practicing under a fictitious name,
567offering mold assessment or mold remediation; however, when an
568individual is practicing mold assessment or mold remediation
569under his or her own given name, he or she shall not be required
570to register under this section.
571     (4)  Each certificate of authorization shall be renewed
572every 2 years. Each partnership and corporation certified under
573this section shall notify the department within 1 month of any
574change in the information contained in the application upon
575which the certification is based.
576     (5)  Disciplinary action against a corporation or
577partnership shall be administered in the same manner and on the
578same grounds as disciplinary action against a licensed mold
579assessor or mold remediator.
580     Section 17.  Subsection (1) of section 468.842, Florida
581Statutes, is amended to read:
582     468.842  Disciplinary proceedings.-
583     (1)  The following acts constitute grounds for which the
584disciplinary actions in subsection (2) may be taken:
585     (a)  Violation of any provision of this part or s.
587     (b)  Attempting to procure a license to practice mold
588assessment or mold remediation by bribery or fraudulent
590     (c)  Having a license to practice mold assessment or mold
591remediation revoked, suspended, or otherwise acted against,
592including the denial of licensure, by the licensing authority of
593another state, territory, or country.;
594     (d)  Being convicted or found guilty of, or entering a plea
595of nolo contendere to, regardless of adjudication, a crime in
596any jurisdiction that directly relates to the practice of mold
597assessment or mold remediation or the ability to practice mold
598assessment or mold remediation.;
599     (e)  Making or filing a report or record that the licensee
600knows to be false, willfully failing to file a report or record
601required by state or federal law, willfully impeding or
602obstructing such filing, or inducing another person to impede or
603obstruct such filing. Such reports or records shall include only
604those that are signed in the capacity of a registered mold
605assessor or mold remediator.;
606     (f)  Advertising goods or services in a manner that is
607fraudulent, false, deceptive, or misleading in form or content.;
608     (g)  Engaging in fraud or deceit, or negligence,
609incompetency, or misconduct, in the practice of mold assessment
610or mold remediation.;
611     (h)  Failing to perform any statutory or legal obligation
612placed upon a licensed mold assessor or mold remediator;
613violating any provision of this chapter, a rule of the
614department, or a lawful order of the department previously
615entered in a disciplinary hearing; or failing to comply with a
616lawfully issued subpoena of the department.; or
617     (i)  Practicing on a revoked, suspended, inactive, or
618delinquent license.
619     (j)  Failing to meet any standard of practice adopted by
620department rule.
621     Section 18.  Subsection (1) of section 468.8421, Florida
622Statutes, is amended to read:
623     468.8421  Insurance.-
624     (1)  A mold assessor shall maintain general liability and
625errors and omissions insurance coverage in an amount of not less
626than $1,000,000. The insurance must cover preliminary and
627postremediation activities.
628     Section 19.  Section 468.8423, Florida Statutes, is amended
629to read:
630     468.8423  Grandfather clause.-A person who performs mold
631assessment or mold remediation as defined in this part may
632qualify to be licensed by the department as a mold assessor or
633mold remediator if the person submits an application to the
634department postmarked on or before March 1, 2011, that shows the
636     (1)(a)  Has been certified as a mold assessor or mold
637remediator by a state or national association that required
638successful completion of a proctored examination for
639certification and has completed at least 60 hours of education
640for a mold assessor and 30 hours of education for a mold
641remediator; or
642     (b)  Has at least 3 years of experience as a mold assessor
643or mold remediator at the time of application. Applicants must
644provide 40 invoices for mold assessments or mold remediations,
645as defined by this part, to establish the required 3 years of
646experience. The department may conduct investigations regarding
647the validity of invoices for mold assessments or mold
648remediations submitted pursuant to this section and may take
649disciplinary action pursuant to s. 468.842 for submitting false
651     (2)  Has not, within 5 years after the date of application,
652had a mold assessor or mold remediator license or a license in a
653related field revoked, suspended, or assessed a fine in excess
654of $500. For purposes of this part, a license in a related field
655includes, but is not limited to, licensure in real estate,
656construction, home inspection, building code administration or
657inspection, or indoor air quality.
658     (3)  Is of good moral character as defined in s. 468.8413.
659     (4)  Has the general liability insurance required in s.
660468.8421 meets the licensure requirements of this part by July
6611, 2010.
662     Section 20.  Section 468.8424, Florida Statutes, is created
663to read:
664     468.8424  Rulemaking.-The department shall adopt rules to
665administer this part.
666     Section 21.  Subsection (22) of section 489.103, Florida
667Statutes, is amended to read:
668     489.103  Exemptions.-This part does not apply to:
669     (22)  A person licensed pursuant to s. 633.061(1)(d) or
670(3)(2)(b) performing work authorized by such license.
671     Section 22.  Subsections (2), (8), and (9) of section
672553.37, Florida Statutes, are amended, and subsection (12) is
673added to that section, to read:
674     553.37  Rules; inspections; and insignia.-
675     (2)  The department shall adopt rules to address:
676     (a)  Procedures and qualifications for approval of third-
677party plan review and inspection agencies and of those who
678perform inspections and plan reviews.
679     (b)  Investigation of consumer complaints of noncompliance
680of manufactured buildings with the Florida Building Code and the
681Florida Fire Prevention Code.
682     (c)  Issuance, cancellation, and revocation of any insignia
683issued by the department and procedures for auditing and
684accounting for disposition of them.
685     (d)  Monitoring the manufacturers', inspection agencies',
686and plan review agencies' compliance with this part and the
687Florida Building Code. Monitoring may include, but is not
688limited to, performing audits of plans, inspections of
689manufacturing facilities and observation of the manufacturing
690and inspection process, and onsite inspections of buildings.
691     (e)  The performance by the department and its designees
692and contractors of any other functions required by this part.
693     (8)  The department, by rule, shall establish a schedule of
694fees to pay the cost of the administration and enforcement of
695this part. The rule may provide for manufacturers to pay fees to
696the administrator directly via the Building Code Information
698     (9)  The department may delegate its enforcement authority
699to a state department having building construction
700responsibilities or a local government and may enter into
701contracts for the performance of its administrative duties under
702this part. The department may delegate its plan review and
703inspection authority to one or more of the following in any
705     (a)  A state department having building construction
707     (b)  A local government;
708     (c)  An approved inspection agency;
709     (d)  An approved plan review agency; or
710     (e)  An agency of another state.
711     (12)  Custom or one-of-a-kind prototype manufactured
712buildings are not required to have state approval, but must be
713in compliance with all local requirements of the governmental
714agency having jurisdiction at the installation site.
715     Section 23.  Section 553.375, Florida Statutes, is amended
716to read:
717     553.375  Recertification of manufactured buildings.-Prior
718to the relocation to a site that has a higher design wind speed,
719modification, or change of occupancy of a manufactured building
720within the state, the manufacturer, dealer, or owner thereof may
721apply to the department for recertification of that manufactured
722building. The department shall, by rule, provide what
723information the applicant must submit for recertification and
724for plan review and inspection of such manufactured buildings
725and shall establish fees for recertification. Upon a
726determination by the department that the manufactured building
727complies with the applicable building codes, the department
728shall issue a recertification insignia. A manufactured building
729that bears recertification insignia does not require any
730additional approval by an enforcement jurisdiction in which the
731building is sold or installed, and is considered to comply with
732all applicable codes. As an alternative to recertification by
733the department, the manufacturer, dealer, or owner of a
734manufactured building may seek appropriate permitting and a
735certificate of occupancy from the local jurisdiction in
736accordance with procedures generally applicable under the
737Florida Building Code.
738     Section 24.  Section 553.509, Florida Statutes, is amended
739to read:
740     553.509  Vertical accessibility.-
741     (1)  Nothing in ss. 553.501-553.513 or the guidelines shall
742be construed to relieve the owner of any building, structure, or
743facility governed by those sections from the duty to provide
744vertical accessibility to all levels above and below the
745occupiable grade level, regardless of whether the guidelines
746require an elevator to be installed in such building, structure,
747or facility, except for:
748     (a)  Elevator pits, elevator penthouses, mechanical rooms,
749piping or equipment catwalks, and automobile lubrication and
750maintenance pits and platforms;
751     (b)  Unoccupiable spaces, such as rooms, enclosed spaces,
752and storage spaces that are not designed for human occupancy,
753for public accommodations, or for work areas; and
754     (c)  Occupiable spaces and rooms that are not open to the
755public and that house no more than five persons, including, but
756not limited to, equipment control rooms and projection booths.
757     (2)(a)  Any person, firm, or corporation that owns,
758manages, or operates a residential multifamily dwelling,
759including a condominium, that is at least 75 feet high and
760contains a public elevator, as described in s. 399.035(2) and
761(3) and rules adopted by the Florida Building Commission, shall
762have at least one public elevator that is capable of operating
763on an alternate power source for emergency purposes. Alternate
764power shall be available for the purpose of allowing all
765residents access for a specified number of hours each day over a
7665-day period following a natural disaster, manmade disaster,
767emergency, or other civil disturbance that disrupts the normal
768supply of electricity. The alternate power source that controls
769elevator operations must also be capable of powering any
770connected fire alarm system in the building.
771     (b)  At a minimum, the elevator must be appropriately
772prewired and prepared to accept an alternate power source and
773must have a connection on the line side of the main disconnect,
774pursuant to National Electric Code Handbook, Article 700. In
775addition to the required power source for the elevator and
776connected fire alarm system in the building, the alternate power
777supply must be sufficient to provide emergency lighting to the
778interior lobbies, hallways, and other portions of the building
779used by the public. Residential multifamily dwellings must have
780an available generator and fuel source on the property or have
781proof of a current contract posted in the elevator machine room
782or other place conspicuous to the elevator inspector affirming a
783current guaranteed service contract for such equipment and fuel
784source to operate the elevator on an on-call basis within 24
785hours after a request. By December 31, 2006, any person, firm or
786corporation that owns, manages, or operates a residential
787multifamily dwelling as defined in paragraph (a) must provide to
788the local building inspection agency verification of engineering
789plans for residential multifamily dwellings that provide for the
790capability to generate power by alternate means. Compliance with
791installation requirements and operational capability
792requirements must be verified by local building inspectors and
793reported to the county emergency management agency by December
79431, 2007.
795     (c)  Each newly constructed residential multifamily
796dwelling, including a condominium, that is at least 75 feet high
797and contains a public elevator, as described in s. 399.035(2)
798and (3) and rules adopted by the Florida Building Commission,
799must have at least one public elevator that is capable of
800operating on an alternate power source for the purpose of
801allowing all residents access for a specified number of hours
802each day over a 5-day period following a natural disaster,
803manmade disaster, emergency, or other civil disturbance that
804disrupts the normal supply of electricity. The alternate power
805source that controls elevator operations must be capable of
806powering any connected fire alarm system in the building. In
807addition to the required power source for the elevator and
808connected fire alarm system, the alternate power supply must be
809sufficient to provide emergency lighting to the interior
810lobbies, hallways, and other portions of the building used by
811the public. Engineering plans and verification of operational
812capability must be provided by the local building inspector to
813the county emergency management agency before occupancy of the
814newly constructed building.
815     (d)  Each person, firm, or corporation that is required to
816maintain an alternate power source under this subsection shall
817maintain a written emergency operations plan that details the
818sequence of operations before, during, and after a natural or
819manmade disaster or other emergency situation. The plan must
820include, at a minimum, a lifesafety plan for evacuation,
821maintenance of the electrical and lighting supply, and
822provisions for the health, safety, and welfare of the residents.
823In addition, the owner, manager, or operator of the residential
824multifamily dwelling must keep written records of any contracts
825for alternative power generation equipment. Also, quarterly
826inspection records of lifesafety equipment and alternate power
827generation equipment must be posted in the elevator machine room
828or other place conspicuous to the elevator inspector, which
829confirm that such equipment is properly maintained and in good
830working condition, and copies of contracts for alternate power
831generation equipment shall be maintained on site for
832verification. The written emergency operations plan and
833inspection records shall also be open for periodic inspection by
834local and state government agencies as deemed necessary. The
835owner or operator must keep a generator key in a lockbox posted
836at or near any installed generator unit.
837     (e)  Multistory affordable residential dwellings for
838persons age 62 and older that are financed or insured by the
839United States Department of Housing and Urban Development must
840make every effort to obtain grant funding from the Federal
841Government or the Florida Housing Finance Corporation to comply
842with this subsection. If an owner of such a residential dwelling
843cannot comply with the requirements of this subsection, the
844owner must develop a plan with the local emergency management
845agency to ensure that residents are evacuated to a place of
846safety in the event of a power outage resulting from a natural
847or manmade disaster or other emergency situation that disrupts
848the normal supply of electricity for an extended period of time.
849A place of safety may include, but is not limited to, relocation
850to an alternative site within the building or evacuation to a
851local shelter.
852     (f)  As a part of the annual elevator inspection required
853under s. 399.061, certified elevator inspectors shall confirm
854that all installed generators required by this chapter are in
855working order, have current inspection records posted in the
856elevator machine room or other place conspicuous to the elevator
857inspector, and that the required generator key is present in the
858lockbox posted at or near the installed generator. If a building
859does not have an installed generator, the inspector shall
860confirm that the appropriate prewiring and switching
861capabilities are present and that a statement is posted in the
862elevator machine room or other place conspicuous to the elevator
863inspector affirming a current guaranteed contract exists for
864contingent services for alternate power is current for the
865operating period.
866     (2)  However, buildings, structures, and facilities must,
867at as a minimum, comply with the requirements in the Americans
868with Disabilities Act Accessibility Guidelines.
869     Section 25.  Subsection (1) of section 553.512, Florida
870Statutes, is amended to read:
871     553.512  Modifications and waivers; advisory council.-
872     (1)  The Florida Building Commission shall provide by
873regulation criteria for granting individual modifications of, or
874exceptions from, the literal requirements of this part upon a
875determination of unnecessary, unreasonable, or extreme hardship,
876provided such waivers shall not violate federal accessibility
877laws and regulations and shall be reviewed by the Accessibility
878Advisory Council. The commission shall establish by rule a fee
879to be paid upon submitting a request for a waiver as provided in
880this section. Notwithstanding any other provision of this
881subsection, if an applicant for a waiver demonstrates economic
882hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
883shall be granted. The commission may not consider waiving any of
884the requirements of s. 553.5041 unless the applicant first
885demonstrates that she or he has applied for and been denied
886waiver or variance from all local government zoning, subdivision
887regulations, or other ordinances that prevent compliance
888therewith. Further, the commission may not waive the requirement
889of s. 553.5041(5)(a) and (c)1. governing the minimum width of
890accessible routes and minimum width of accessible parking
892     Section 26.  Subsections (2) and (3) and paragraph (b) of
893subsection (4) of section 553.73, Florida Statutes, are amended,
894present subsections (5) through (13) of that section are
895renumbered as subsections (6) through (14), respectively, a new
896subsection (5) is added to that section, paragraph (a) of
897present subsection (6) and present subsections (7) and (9) of
898that section are amended, and subsections (15) and (16) are
899added to that section, to read:
900     553.73  Florida Building Code.-
901     (2)  The Florida Building Code shall contain provisions or
902requirements for public and private buildings, structures, and
903facilities relative to structural, mechanical, electrical,
904plumbing, energy, and gas systems, existing buildings,
905historical buildings, manufactured buildings, elevators, coastal
906construction, lodging facilities, food sales and food service
907facilities, health care facilities, including assisted living
908facilities, adult day care facilities, hospice residential and
909inpatient facilities and units, and facilities for the control
910of radiation hazards, public or private educational facilities,
911swimming pools, and correctional facilities and enforcement of
912and compliance with such provisions or requirements. Further,
913the Florida Building Code must provide for uniform
914implementation of ss. 515.25, 515.27, and 515.29 by including
915standards and criteria for residential swimming pool barriers,
916pool covers, latching devices, door and window exit alarms, and
917other equipment required therein, which are consistent with the
918intent of s. 515.23. Technical provisions to be contained within
919the Florida Building Code are restricted to requirements related
920to the types of materials used and construction methods and
921standards employed in order to meet criteria specified in the
922Florida Building Code. Provisions relating to the personnel,
923supervision or training of personnel, or any other professional
924qualification requirements relating to contractors or their
925workforce may not be included within the Florida Building Code,
926and subsections (4), (5), (6), (7), and (8), and (9) are not to
927be construed to allow the inclusion of such provisions within
928the Florida Building Code by amendment. This restriction applies
929to both initial development and amendment of the Florida
930Building Code.
931     (3)  The commission shall select from available national or
932international model building codes, or other available building
933codes and standards currently recognized by the laws of this
934state, to form the foundation for the Florida Building Code. The
935commission may modify the selected model codes and standards as
936needed to accommodate the specific needs of this state.
937Standards or criteria referenced by the selected model codes
938shall be similarly incorporated by reference. If a referenced
939standard or criterion requires amplification or modification to
940be appropriate for use in this state, only the amplification or
941modification shall be specifically set forth in the Florida
942Building Code. The Florida Building Commission may approve
943technical amendments to the code, subject to the requirements of
944subsections (8) (7) and (9) (8), after the amendments have been
945subject to the following conditions:
946     (a)  The proposed amendment has been published on the
947commission's website for a minimum of 45 days and all the
948associated documentation has been made available to any
949interested party before any consideration by any Technical
950Advisory Committee;
951     (b)  In order for a Technical Advisory Committee to make a
952favorable recommendation to the commission, the proposal must
953receive a three-fourths vote of the members present at the
954Technical Advisory Committee meeting and at least half of the
955regular members must be present in order to conduct a meeting;
956     (c)  After Technical Advisory Committee consideration and a
957recommendation for approval of any proposed amendment, the
958proposal must be published on the commission's website for not
959less than 45 days before any consideration by the commission;
961     (d)  Any proposal may be modified by the commission based
962on public testimony and evidence from a public hearing held in
963accordance with chapter 120.
965The commission shall incorporate within sections of the Florida
966Building Code provisions which address regional and local
967concerns and variations. The commission shall make every effort
968to minimize conflicts between the Florida Building Code, the
969Florida Fire Prevention Code, and the Life Safety Code.
970     (4)
971     (b)  Local governments may, subject to the limitations of
972this section, adopt amendments to the technical provisions of
973the Florida Building Code which apply solely within the
974jurisdiction of such government and which provide for more
975stringent requirements than those specified in the Florida
976Building Code, not more than once every 6 months. A local
977government may adopt technical amendments that address local
978needs if:
979     1.  The local governing body determines, following a public
980hearing which has been advertised in a newspaper of general
981circulation at least 10 days before the hearing, that there is a
982need to strengthen the requirements of the Florida Building
983Code. The determination must be based upon a review of local
984conditions by the local governing body, which review
985demonstrates by evidence or data that the geographical
986jurisdiction governed by the local governing body exhibits a
987local need to strengthen the Florida Building Code beyond the
988needs or regional variation addressed by the Florida Building
989Code, that the local need is addressed by the proposed local
990amendment, and that the amendment is no more stringent than
991necessary to address the local need.
992     2.  Such additional requirements are not discriminatory
993against materials, products, or construction techniques of
994demonstrated capabilities.
995     3.  Such additional requirements may not introduce a new
996subject not addressed in the Florida Building Code.
997     4.  The enforcing agency shall make readily available, in a
998usable format, all amendments adopted pursuant to this section.
999     5.  Any amendment to the Florida Building Code shall be
1000transmitted within 30 days by the adopting local government to
1001the commission. The commission shall maintain copies of all such
1002amendments in a format that is usable and obtainable by the
1003public. Local technical amendments shall not become effective
1004until 30 days after the amendment has been received and
1005published by the commission.
1006     6.  Any amendment to the Florida Building Code adopted by a
1007local government pursuant to this paragraph shall be effective
1008only until the adoption by the commission of the new edition of
1009the Florida Building Code every third year. At such time, the
1010commission shall review such amendment for consistency with the
1011criteria in paragraph (9)(8)(a) and adopt such amendment as part
1012of the Florida Building Code or rescind the amendment. The
1013commission shall immediately notify the respective local
1014government of the rescission of any amendment. After receiving
1015such notice, the respective local government may readopt the
1016rescinded amendment pursuant to the provisions of this
1018     7.  Each county and municipality desiring to make local
1019technical amendments to the Florida Building Code shall by
1020interlocal agreement establish a countywide compliance review
1021board to review any amendment to the Florida Building Code,
1022adopted by a local government within the county pursuant to this
1023paragraph, that is challenged by any substantially affected
1024party for purposes of determining the amendment's compliance
1025with this paragraph. If challenged, the local technical
1026amendments shall not become effective until time for filing an
1027appeal pursuant to subparagraph 8. has expired or, if there is
1028an appeal, until the commission issues its final order
1029determining the adopted amendment is in compliance with this
1031     8.  If the compliance review board determines such
1032amendment is not in compliance with this paragraph, the
1033compliance review board shall notify such local government of
1034the noncompliance and that the amendment is invalid and
1035unenforceable until the local government corrects the amendment
1036to bring it into compliance. The local government may appeal the
1037decision of the compliance review board to the commission. If
1038the compliance review board determines such amendment to be in
1039compliance with this paragraph, any substantially affected party
1040may appeal such determination to the commission. Any such appeal
1041shall be filed with the commission within 14 days of the board's
1042written determination. The commission shall promptly refer the
1043appeal to the Division of Administrative Hearings for the
1044assignment of an administrative law judge. The administrative
1045law judge shall conduct the required hearing within 30 days, and
1046shall enter a recommended order within 30 days of the conclusion
1047of such hearing. The commission shall enter a final order within
104830 days thereafter. The provisions of chapter 120 and the
1049uniform rules of procedure shall apply to such proceedings. The
1050local government adopting the amendment that is subject to
1051challenge has the burden of proving that the amendment complies
1052with this paragraph in proceedings before the compliance review
1053board and the commission, as applicable. Actions of the
1054commission are subject to judicial review pursuant to s. 120.68.
1055The compliance review board shall determine whether its
1056decisions apply to a respective local jurisdiction or apply
1058     9.  An amendment adopted under this paragraph shall include
1059a fiscal impact statement which documents the costs and benefits
1060of the proposed amendment. Criteria for the fiscal impact
1061statement shall include the impact to local government relative
1062to enforcement, the impact to property and building owners, as
1063well as to industry, relative to the cost of compliance. The
1064fiscal impact statement may not be used as a basis for
1065challenging the amendment for compliance.
1066     10.  In addition to subparagraphs 7. and 9., the commission
1067may review any amendments adopted pursuant to this subsection
1068and make nonbinding recommendations related to compliance of
1069such amendments with this subsection.
1070     (5)  Notwithstanding subsection (4), counties and
1071municipalities may adopt by ordinance an administrative or
1072technical amendment to the Florida Building Code relating to
1073flood resistance in order to implement the National Flood
1074Insurance Program or incentives. Specifically, an administrative
1075amendment may assign the duty to enforce all or portions of
1076flood-related code provisions to the appropriate agencies of the
1077local government and adopt procedures for variances and
1078exceptions from flood-related code provisions other than
1079provisions for structures seaward of the coastal construction
1080control line consistent with the requirements in 44 C.F.R. s.
108160.6. A technical amendment is authorized to the extent it is
1082more stringent than the code. A technical amendment is not
1083subject to the requirements of subsection (4) and may not be
1084rendered void when the code is updated if the amendment is
1085adopted for the purpose of participating in the Community Rating
1086System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1087had already been adopted by local ordinance prior to the
1088effective date of this subsection, or the amendment requires a
1089design flood elevation above the base flood elevation. Any
1090amendment adopted pursuant to this subsection shall be
1091transmitted to the commission within 30 days after being
1093     (7)(6)(a)  The commission, by rule adopted pursuant to ss.
1094120.536(1) and 120.54, shall update the Florida Building Code
1095every 3 years. When updating the Florida Building Code, the
1096commission shall select the most current version of the
1097International Building Code, the International Fuel Gas Code,
1098the International Mechanical Code, the International Plumbing
1099Code, and the International Residential Code, all of which are
1100adopted by the International Code Council, and the National
1101Electrical Code, which is adopted by the National Fire
1102Protection Association, to form the foundation codes of the
1103updated Florida Building Code, if the version has been adopted
1104by the applicable model code entity and made available to the
1105public at least 6 months prior to its selection by the
1106commission. The commission shall select the most current version
1107of the International Energy Conservation Code (IECC) as a
1108foundation code; however, the IECC shall be modified by the
1109commission to maintain the efficiencies of the Florida Energy
1110Efficiency Code for Building Construction adopted and amended
1111pursuant to s. 553.901.
1112     (8)(7)  Notwithstanding the provisions of subsection (3) or
1113subsection (7) (6), the commission may address issues identified
1114in this subsection by amending the code pursuant only to the
1115rule adoption procedures contained in chapter 120. Provisions of
1116the Florida Building Code, including those contained in
1117referenced standards and criteria, relating to wind resistance
1118or the prevention of water intrusion may not be amended pursuant
1119to this subsection to diminish those construction requirements;
1120however, the commission may, subject to conditions in this
1121subsection, amend the provisions to enhance those construction
1122requirements. Following the approval of any amendments to the
1123Florida Building Code by the commission and publication of the
1124amendments on the commission's website, authorities having
1125jurisdiction to enforce the Florida Building Code may enforce
1126the amendments. The commission may approve amendments that are
1127needed to address:
1128     (a)  Conflicts within the updated code;
1129     (b)  Conflicts between the updated code and the Florida
1130Fire Prevention Code adopted pursuant to chapter 633;
1131     (c)  The omission of previously adopted Florida-specific
1132amendments to the updated code if such omission is not supported
1133by a specific recommendation of a technical advisory committee
1134or particular action by the commission;
1135     (d)  Unintended results from the integration of previously
1136adopted Florida-specific amendments with the model code;
1137     (e)  Equivalency of standards;
1138     (f)(e)  Changes to or inconsistencies with federal or state
1139law; or
1140     (g)(f)  Adoption of an updated edition of the National
1141Electrical Code if the commission finds that delay of
1142implementing the updated edition causes undue hardship to
1143stakeholders or otherwise threatens the public health, safety,
1144and welfare.
1145     (10)(9)  The following buildings, structures, and
1146facilities are exempt from the Florida Building Code as provided
1147by law, and any further exemptions shall be as determined by the
1148Legislature and provided by law:
1149     (a)  Buildings and structures specifically regulated and
1150preempted by the Federal Government.
1151     (b)  Railroads and ancillary facilities associated with the
1153     (c)  Nonresidential farm buildings on farms.
1154     (d)  Temporary buildings or sheds used exclusively for
1155construction purposes.
1156     (e)  Mobile or modular structures used as temporary
1157offices, except that the provisions of part II relating to
1158accessibility by persons with disabilities shall apply to such
1159mobile or modular structures.
1160     (f)  Those structures or facilities of electric utilities,
1161as defined in s. 366.02, which are directly involved in the
1162generation, transmission, or distribution of electricity.
1163     (g)  Temporary sets, assemblies, or structures used in
1164commercial motion picture or television production, or any
1165sound-recording equipment used in such production, on or off the
1167     (h)  Storage sheds that are not designed for human
1168habitation and that have a floor area of 720 square feet or less
1169are not required to comply with the mandatory wind-borne-debris-
1170impact standards of the Florida Building Code.
1171     (i)  Chickees constructed by the Miccosukee Tribe of
1172Indians of Florida or the Seminole Tribe of Florida. As used in
1173this paragraph, the term "chickee" means an open-sided wooden
1174hut that has a thatched roof of palm or palmetto or other
1175traditional materials, and that does not incorporate any
1176electrical, plumbing, or other nonwood features.
1177     (j)  Family mausoleums not exceeding 250 square feet in
1178area which are prefabricated and assembled on site or
1179preassembled and delivered on site and have walls, roofs, and a
1180floor constructed of granite, marble, or reinforced concrete.
1182With the exception of paragraphs (a), (b), (c), and (f), in
1183order to preserve the health, safety, and welfare of the public,
1184the Florida Building Commission may, by rule adopted pursuant to
1185chapter 120, provide for exceptions to the broad categories of
1186buildings exempted in this section, including exceptions for
1187application of specific sections of the code or standards
1188adopted therein. The Department of Agriculture and Consumer
1189Services shall have exclusive authority to adopt by rule,
1190pursuant to chapter 120, exceptions to nonresidential farm
1191buildings exempted in paragraph (c) when reasonably necessary to
1192preserve public health, safety, and welfare. The exceptions must
1193be based upon specific criteria, such as under-roof floor area,
1194aggregate electrical service capacity, HVAC system capacity, or
1195other building requirements. Further, the commission may
1196recommend to the Legislature additional categories of buildings,
1197structures, or facilities which should be exempted from the
1198Florida Building Code, to be provided by law. The Florida
1199Building Code does not apply to temporary housing provided by
1200the Department of Corrections to any prisoner in the state
1201correctional system.
1202     (15)  An agency or local government may not require that
1203existing mechanical equipment on the surface of a roof be
1204installed in compliance with the requirements of the Florida
1205Building Code, and a requirement in the code relating to such
1206equipment may not be enforced, until such equipment must be
1207removed or is otherwise replaced.
1208     Section 27.  Subsection (5) is added to section 553.74,
1209Florida Statutes, to read:
1210     553.74  Florida Building Commission.-
1211     (5)  Notwithstanding s. 112.313 or any other provision of
1212law, a member of any of commission's technical advisory
1213committees or a member of any other advisory committee or
1214workgroup of the commission, shall not be considered to have an
1215impermissible conflict of interest when representing clients
1216before the commission or one of its committees or workgroups.
1217However, the member, in his or her capacity as member of the
1218committee or workgroup, may not take part in any discussion on
1219or take action on any matter in which he or she has a direct
1220financial interest.
1221     Section 28.  Subsection (2) of section 553.76, Florida
1222Statutes, is amended to read:
1223     553.76  General powers of the commission.-The commission is
1224authorized to:
1225     (2)  Issue memoranda of procedure for its internal
1226management and control. The commission may adopt rules related
1227to its consensus-based decisionmaking process, including, but
1228not limited to, super majority voting requirements for
1229commission actions relating to the adoption of the Florida
1230Building Code or amendments to the code.
1231     Section 29.  Subsections (2) and (4) of section 553.775,
1232Florida Statutes, are amended to read:
1233     553.775  Interpretations.-
1234     (2)  Local enforcement agencies, local building officials,
1235state agencies, and the commission shall interpret provisions of
1236the Florida Building Code in a manner that is consistent with
1237declaratory statements and interpretations entered by the
1238commission, except that conflicts between the Florida Fire
1239Prevention Code and the Florida Building Code shall be resolved
1240in accordance with s. 553.73(11)(10)(c) and (d).
1241     (4)  In order to administer this section, the commission
1242may adopt by rule and impose a fee for filing requests for
1243declaratory statements and binding and nonbinding
1244interpretations to recoup the cost of the proceedings which may
1245not exceed $125 for each request for a nonbinding interpretation
1246and $250 for each request for a binding review or
1247interpretation. For proceedings conducted by or in coordination
1248with a third-party, the rule may provide that payment be made
1249directly to the third party, who shall remit to the department
1250that portion of the fee necessary to cover the costs of the
1252     Section 30.  Subsection (9) of section 553.79, Florida
1253Statutes, is amended to read:
1254     553.79  Permits; applications; issuance; inspections.-
1255     (9)  Any state agency whose enabling legislation authorizes
1256it to enforce provisions of the Florida Building Code may enter
1257into an agreement with any other unit of government to delegate
1258its responsibility to enforce those provisions and may expend
1259public funds for permit and inspection fees, which fees may be
1260no greater than the fees charged others. Inspection services
1261that are not required to be performed by a state agency under a
1262federal delegation of responsibility or by a state agency under
1263the Florida Building Code must be performed under the
1264alternative plans review and inspection process created in s.
1265553.791 or by a local governmental entity having authority to
1266enforce the Florida Building Code.
1267     Section 31.  For the purpose of incorporating the amendment
1268made by this act to section 553.79, Florida Statutes, in a
1269reference thereto, subsection (1) of section 553.80, Florida
1270Statutes, is reenacted, and subsection (3) of that section is
1271amended, to read:
1272     553.80  Enforcement.-
1273     (1)  Except as provided in paragraphs (a)-(g), each local
1274government and each legally constituted enforcement district
1275with statutory authority shall regulate building construction
1276and, where authorized in the state agency's enabling
1277legislation, each state agency shall enforce the Florida
1278Building Code required by this part on all public or private
1279buildings, structures, and facilities, unless such
1280responsibility has been delegated to another unit of government
1281pursuant to s. 553.79(9).
1282     (a)  Construction regulations relating to correctional
1283facilities under the jurisdiction of the Department of
1284Corrections and the Department of Juvenile Justice are to be
1285enforced exclusively by those departments.
1286     (b)  Construction regulations relating to elevator
1287equipment under the jurisdiction of the Bureau of Elevators of
1288the Department of Business and Professional Regulation shall be
1289enforced exclusively by that department.
1290     (c)  In addition to the requirements of s. 553.79 and this
1291section, facilities subject to the provisions of chapter 395 and
1292parts part II and VIII of chapter 400 shall have facility plans
1293reviewed and construction surveyed by the state agency
1294authorized to do so under the requirements of chapter 395 and
1295parts part II and VIII of chapter 400 and the certification
1296requirements of the Federal Government. Facilities subject to
1297the provisions of part IV of chapter 400 may have facility plans
1298reviewed and shall have construction surveyed by the state
1299agency authorized to do so under the requirements of part IV of
1300chapter 400 and the certification requirements of the Federal
1302     (d)  Building plans approved under s. 553.77(3) and state-
1303approved manufactured buildings, including buildings
1304manufactured and assembled offsite and not intended for
1305habitation, such as lawn storage buildings and storage sheds,
1306are exempt from local code enforcing agency plan reviews except
1307for provisions of the code relating to erection, assembly, or
1308construction at the site. Erection, assembly, and construction
1309at the site are subject to local permitting and inspections.
1310Lawn storage buildings and storage sheds bearing the insignia of
1311approval of the department are not subject to s. 553.842. Such
1312buildings that do not exceed 400 square feet may be delivered
1313and installed without need of a contractor's or specialty
1315     (e)  Construction regulations governing public schools,
1316state universities, and community colleges shall be enforced as
1317provided in subsection (6).
1318     (f)  The Florida Building Code as it pertains to toll
1319collection facilities under the jurisdiction of the turnpike
1320enterprise of the Department of Transportation shall be enforced
1321exclusively by the turnpike enterprise.
1322     (g)  Construction regulations relating to secure mental
1323health treatment facilities under the jurisdiction of the
1324Department of Children and Family Services shall be enforced
1325exclusively by the department in conjunction with the Agency for
1326Health Care Administration's review authority under paragraph
1329The governing bodies of local governments may provide a schedule
1330of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1331section, for the enforcement of the provisions of this part.
1332Such fees shall be used solely for carrying out the local
1333government's responsibilities in enforcing the Florida Building
1334Code. The authority of state enforcing agencies to set fees for
1335enforcement shall be derived from authority existing on July 1,
13361998. However, nothing contained in this subsection shall
1337operate to limit such agencies from adjusting their fee schedule
1338in conformance with existing authority.
1339     (3)(a)  Each enforcement district shall be governed by a
1340board, the composition of which shall be determined by the
1341affected localities.
1342     (b)1.  At its own option, each enforcement district or
1343local enforcement agency may adopt promulgate rules granting to
1344the owner of a single-family residence one or more exemptions
1345from the Florida Building Code relating to:
1346     a.(a)  Addition, alteration, or repairs performed by the
1347property owner upon his or her own property, provided any
1348addition or alteration shall not exceed 1,000 square feet or the
1349square footage of the primary structure, whichever is less.
1350     b.(b)  Addition, alteration, or repairs by a nonowner
1351within a specific cost limitation set by rule, provided the
1352total cost shall not exceed $5,000 within any 12-month period.
1353     c.(c)  Building and inspection fees.
1354     2.  However, the exemptions under subparagraph 1. do not
1355apply to single-family residences that are located in mapped
1356flood hazard areas, as defined in the code, unless the
1357enforcement district or local enforcement agency has determined
1358that the work, which is otherwise exempt, does not constitute a
1359substantial improvement, including the repair of substantial
1360damage, of such single-family residences.
1361     3.  Each code exemption, as defined in sub-subparagraphs
13621.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1363to the local board 10 days prior to implementation and shall
1364only be effective in the territorial jurisdiction of the
1365enforcement district or local enforcement agency implementing
1367     Section 32.  Subsections (4) through (8) of section
1368553.841, Florida Statutes, are amended to read:
1369     553.841  Building code compliance and mitigation program.-
1370     (4)  The department, In administering the Florida Building
1371Code Compliance and Mitigation Program, the department shall
1372maintain, update, develop, or cause to be developed:
1373     (a)  A core curriculum that is prerequisite to the advanced
1374module coursework.
1375     (b)  advanced modules designed for use by each profession.
1376     (c)  The core curriculum developed under this subsection
1377must be submitted to the Department of Business and Professional
1378Regulation for approval. Advanced modules developed under this
1379paragraph must be approved by the commission and submitted to
1380the respective boards for approval.
1381     (5)  The core curriculum shall cover the information
1382required to have all categories of participants appropriately
1383informed as to their technical and administrative
1384responsibilities in the effective execution of the code process
1385by all individuals currently licensed under part XII of chapter
1386468, chapter 471, chapter 481, or chapter 489, except as
1387otherwise provided in s. 471.017. The core curriculum shall be
1388prerequisite to the advanced module coursework for all licensees
1389and shall be completed by individuals licensed in all categories
1390under part XII of chapter 468, chapter 471, chapter 481, or
1391chapter 489 within the first 2-year period after initial
1392licensure. Core course hours taken by licensees to complete this
1393requirement shall count toward fulfillment of required
1394continuing education units under part XII of chapter 468,
1395chapter 471, chapter 481, or chapter 489.
1396     (5)(6)  Each biennium, upon receipt of funds by the
1397Department of Community Affairs from the Construction Industry
1398Licensing Board and the Electrical Contractors' Licensing Board
1399provided under ss. 489.109(3) and 489.509(3), the department
1400shall determine the amount of funds available for the Florida
1401Building Code Compliance and Mitigation Program.
1402     (6)(7)  If the projects provided through the Florida
1403Building Code Compliance and Mitigation Program in any state
1404fiscal year do not require the use of all available funds, the
1405unused funds shall be carried forward and allocated for use
1406during the following fiscal year.
1407     (7)(8)  The Florida Building Commission shall provide by
1408rule for the accreditation of courses related to the Florida
1409Building Code by accreditors approved by the commission. The
1410commission shall establish qualifications of accreditors and
1411criteria for the accreditation of courses by rule. The
1412commission may revoke the accreditation of a course by an
1413accreditor if the accreditation is demonstrated to violate this
1414part or the rules of the commission.
1415     (8)(9)  This section does not prohibit or limit the subject
1416areas or development of continuing education or training on the
1417Florida Building Code by any qualified entity.
1418     Section 33.  Subsections (1), (5), (8), and (17) of section
1419553.842, Florida Statutes, are amended to read:
1420     553.842  Product evaluation and approval.-
1421     (1)  The commission shall adopt rules under ss. 120.536(1)
1422and 120.54 to develop and implement a product evaluation and
1423approval system that applies statewide to operate in
1424coordination with the Florida Building Code. The commission may
1425enter into contracts to provide for administration of the
1426product evaluation and approval system. The commission's rules
1427and any applicable contract may provide that the payment of fees
1428related to approvals be made directly to the administrator. Any
1429fee paid by a product manufacturer shall be used only for
1430funding the product evaluation and approval system. The product
1431evaluation and approval system shall provide:
1432     (a)  Appropriate promotion of innovation and new
1434     (b)  Processing submittals of products from manufacturers
1435in a timely manner.
1436     (c)  Independent, third-party qualified and accredited
1437testing and laboratory facilities, product evaluation entities,
1438quality assurance agencies, certification agencies, and
1439validation entities.
1440     (d)  An easily accessible product acceptance list to
1441entities subject to the Florida Building Code.
1442     (e)  Development of stringent but reasonable testing
1443criteria based upon existing consensus standards, when
1444available, for products.
1445     (f)  Long-term approvals, where feasible. State and local
1446approvals will be valid until the requirements of the code on
1447which the approval is based change, the product changes in a
1448manner affecting its performance as required by the code, or the
1449approval is revoked. However, the commission may authorize by
1450rule editorial revisions to approvals and charge a fee as
1451provided in this section.
1452     (g)  Criteria for revocation of a product approval.
1453     (h)  Cost-effectiveness.
1454     (5)  Statewide approval of products, methods, or systems of
1455construction may be achieved by one of the following methods.
1456One of these methods must be used by the commission to approve
1457the following categories of products: panel walls, exterior
1458doors, roofing, skylights, windows, shutters, and structural
1459components as established by the commission by rule.
1460     (a)  Products for which the code establishes standardized
1461testing or comparative or rational analysis methods shall be
1462approved by submittal and validation of one of the following
1463reports or listings indicating that the product or method or
1464system of construction was evaluated to be in compliance with
1465the Florida Building Code and that the product or method or
1466system of construction is, for the purpose intended, at least
1467equivalent to that required by the Florida Building Code:
1468     1.  A certification mark or listing of an approved
1469certification agency, which may be used only for products for
1470which the code designates standardized testing;
1471     2.  A test report from an approved testing laboratory;
1472     3.  A product evaluation report based upon testing or
1473comparative or rational analysis, or a combination thereof, from
1474an approved product evaluation entity; or
1475     4.  A product evaluation report based upon testing or
1476comparative or rational analysis, or a combination thereof,
1477developed and signed and sealed by a professional engineer or
1478architect, licensed in this state.
1480A product evaluation report or a certification mark or listing
1481of an approved certification agency which demonstrates that the
1482product or method or system of construction complies with the
1483Florida Building Code for the purpose intended shall be
1484equivalent to a test report and test procedure as referenced in
1485the Florida Building Code. An application for state approval of
1486a product under subparagraph 1. must be approved by the
1487department after the commission staff or a designee verifies
1488that the application and related documentation are complete.
1489This verification must be completed within 10 business days
1490after receipt of the application. Upon approval by the
1491department, the product shall be immediately added to the list
1492of state-approved products maintained under subsection (13).
1493Approvals by the department shall be reviewed and ratified by
1494the commission's program oversight committee except for a
1495showing of good cause that a review by the full commission is
1496necessary. The commission shall adopt rules relating to means to
1497cure deficiencies identified within submittals for approval of
1498products under this paragraph.
1499     (b)  Products, methods, or systems of construction for
1500which there are no specific standardized testing or comparative
1501or rational analysis methods established in the code may be
1502approved by submittal and validation of one of the following:
1503     1.  A product evaluation report based upon testing or
1504comparative or rational analysis, or a combination thereof, from
1505an approved product evaluation entity indicating that the
1506product or method or system of construction was evaluated to be
1507in compliance with the intent of the Florida Building Code and
1508that the product or method or system of construction is, for the
1509purpose intended, at least equivalent to that required by the
1510Florida Building Code; or
1511     2.  A product evaluation report based upon testing or
1512comparative or rational analysis, or a combination thereof,
1513developed and signed and sealed by a professional engineer or
1514architect, licensed in this state, who certifies that the
1515product or method or system of construction is, for the purpose
1516intended, at least equivalent to that required by the Florida
1517Building Code.
1518     (8)  The commission may adopt rules to approve the
1519following types of entities that produce information on which
1520product approvals are based. All of the following entities,
1521including engineers and architects, must comply with a
1522nationally recognized standard demonstrating independence or no
1523conflict of interest:
1524     (a)  Evaluation entities that meet the criteria for
1525approval adopted by the commission by rule. The commission shall
1526specifically approve the National Evaluation Service, the
1527International Association of Plumbing and Mechanical Officials
1528Evaluation Service the International Conference of Building
1529Officials Evaluation Services, the International Code Council
1530Evaluation Services, the Building Officials and Code
1531Administrators International Evaluation Services, the Southern
1532Building Code Congress International Evaluation Services, and
1533the Miami-Dade County Building Code Compliance Office Product
1534Control. Architects and engineers licensed in this state are
1535also approved to conduct product evaluations as provided in
1536subsection (5).
1537     (b)  Testing laboratories accredited by national
1538organizations, such as A2LA and the National Voluntary
1539Laboratory Accreditation Program, laboratories accredited by
1540evaluation entities approved under paragraph (a), and
1541laboratories that comply with other guidelines for testing
1542laboratories selected by the commission and adopted by rule.
1543     (c)  Quality assurance entities approved by evaluation
1544entities approved under paragraph (a) and by certification
1545agencies approved under paragraph (d) and other quality
1546assurance entities that comply with guidelines selected by the
1547commission and adopted by rule.
1548     (d)  Certification agencies accredited by nationally
1549recognized accreditors and other certification agencies that
1550comply with guidelines selected by the commission and adopted by
1552     (e)  Validation entities that comply with accreditation
1553standards established by the commission by rule.
1554     (17)(a)  The Florida Building Commission shall review the
1555list of evaluation entities in subsection (8) and, in the annual
1556report required under s. 553.77, shall either recommend
1557amendments to the list to add evaluation entities the commission
1558determines should be authorized to perform product evaluations
1559or shall report on the criteria adopted by rule or to be adopted
1560by rule allowing the commission to approve evaluation entities
1561that use the commission's product evaluation process. If the
1562commission adopts criteria by rule, the rulemaking process must
1563be completed by July 1, 2009.
1564     (b)  Notwithstanding paragraph (8)(a), the International
1565Association of Plumbing and Mechanical Officials Evaluation
1566Services is approved as an evaluation entity until October 1,
15672009. If the association does not obtain permanent approval by
1568the commission as an evaluation entity by October 1, 2009,
1569products approved on the basis of an association evaluation must
1570be substituted by an alternative, approved entity by December
157131, 2009, and on January 1, 2010, any product approval issued by
1572the commission based on an association evaluation is void.
1573     Section 34.  Subsection (4) is added to section 553.844,
1574Florida Statutes, to read:
1575     553.844  Windstorm loss mitigation; requirements for roofs
1576and opening protection.-
1577     (4)  Notwithstanding the provisions of this section,
1578exposed mechanical equipment or appliances fastened to a roof in
1579compliance with the code using rated stands, platforms, curbs,
1580slabs, or other means are deemed to comply with the wind
1581resistance requirements of the 2007 Florida Building Code, as
1582amended. Further support or enclosure of such mechanical
1583equipment or appliances is not required by a state or local
1584official having authority to enforce the Florida Building Code.
1585This subsection expires on the effective date of the 2010
1586Florida Building Code.
1587     Section 35.  Section 553.885, Florida Statutes, is amended
1588to read:
1589     553.885  Carbon monoxide alarm required.-
1590     (1)  Every separate building or addition to an existing
1591building, other than a hospital, an inpatient hospice facility,
1592or a nursing home facility licensed by the Agency for Health
1593Care Administration, constructed for which a building permit is
1594issued for new construction on or after July 1, 2008, and having
1595a fossil-fuel-burning heater or appliance, a fireplace, or an
1596attached garage, or other feature, fixture, or element that
1597emits carbon monoxide as a byproduct of combustion shall have an
1598approved operational carbon monoxide alarm installed within 10
1599feet of each room used for sleeping purposes in the new building
1600or addition, or at such other locations as required by the
1601Florida Building Code. The requirements of this subsection may
1602be satisfied with the installation of a hard-wired battery-
1603powered carbon monoxide alarm or a hard-wired battery-powered
1604combination carbon monoxide and smoke alarm. For a new hospital,
1605an inpatient hospice facility, or a nursing home facility
1606licensed by the Agency for Health Care Administration, an
1607approved operational carbon monoxide detector shall be installed
1608inside or directly outside of each room or area within the
1609hospital or facility where a fossil-fuel-burning heater, engine,
1610or appliance is located. This detector shall be connected to the
1611fire alarm system of the hospital or facility as a supervisory
1612signal. This subsection does not apply to existing buildings
1613that are undergoing alterations or repairs unless the alteration
1614is an addition as defined in subsection (3).
1615     (2)  The Florida Building Commission shall adopt rules to
1616administer this section and shall incorporate such requirements
1617into its next revision of the Florida Building Code.
1618     (3)  As used in this section, the term:
1619     (a)  "Carbon monoxide alarm" means a device that is meant
1620for the purpose of detecting carbon monoxide, that produces a
1621distinct audible alarm, and that meets the requirements of and
1622is approved by the Florida Building Commission.
1623     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1624or other petroleum or hydrocarbon product that emits carbon
1625monoxide as a by-product of combustion.
1626     (c)  "Addition" means an extension or increase in floor
1627area, number of stories, or height of a building or structure.
1628     Section 36.  Subsection (2) of section 553.9061, Florida
1629Statutes, is amended to read:
1630     553.9061  Scheduled increases in thermal efficiency
1632     (2)  The Florida Building Commission shall identify within
1633code support and compliance documentation the specific building
1634options and elements available to meet the energy performance
1635goals established in subsection (1). Energy efficiency
1636performance options and elements include, but are not limited
1638     (a)  Energy-efficient water heating systems, including
1639solar water heating.
1640     (b)  Energy-efficient appliances.
1641     (c)  Energy-efficient windows, doors, and skylights.
1642     (d)  Low solar-absorption roofs, also known as "cool
1644     (e)  Enhanced ceiling and wall insulation.
1645     (f)  Reduced-leak duct systems and energy-saving devices
1646and features installed within duct systems.
1647     (g)  Programmable thermostats.
1648     (h)  Energy-efficient lighting systems.
1649     (i)  Energy-saving quality installation procedures for
1650replacement air-conditioning systems, including, but not limited
1651to, equipment sizing analysis and duct inspection.
1652     (j)  Shading devices, sunscreening materials, and
1654     (k)  Weatherstripping, caulking, and sealing of exterior
1655openings and penetrations.
1656     (l)  Energy-efficient centralized computer data centers in
1657office buildings.
1658     Section 37.  Subsections (3) and (4) of section 553.909,
1659Florida Statutes, are amended to read:
1660     553.909  Setting requirements for appliances; exceptions.-
1661     (3)  Commercial or residential swimming pool pumps or water
1662heaters manufactured on or sold after July 1, 2011, shall comply
1663with the requirements of this subsection.
1664     (a)  Natural gas pool heaters shall not be equipped with
1665constantly burning pilots.
1666     (b)  Heat pump pool heaters shall have a coefficient of
1667performance at low temperature of not less than 4.0.
1668     (c)  The thermal efficiency of gas-fired pool heaters and
1669oil-fired pool heaters shall not be less than 78 percent.
1670     (d)  All pool heaters shall have a readily accessible on-
1671off switch that is mounted outside the heater and that allows
1672shutting off the heater without adjusting the thermostat
1674     (4)(a)  Residential swimming pool pumps and pump motors
1675manufactured on or after July 1, 2011, shall comply with the
1676requirements in this subsection.
1677     (b)  Residential pool pump motors shall not be split-phase,
1678shaded-pole, or capacitor start-induction run types.
1679     (c)  Residential pool pumps and pool pump motors with a
1680total horsepower of 1 HP or more shall have the capability of
1681operating at two or more speeds with a low speed having a
1682rotation rate that is no more than one-half of the motor's
1683maximum rotation rate.
1684     (d)  Residential pool pump motor controls shall have the
1685capability of operating the pool pump at a minimum of two
1686speeds. The default circulation speed shall be the residential
1687filtration speed, with a higher speed override capability being
1688for a temporary period not to exceed one normal cycle or 24
1689hours 120 minutes, whichever is less; except that circulation
1690speed for solar pool heating systems shall be permitted to run
1691at higher speeds during periods of usable solar heat gain.
1692     Section 38.  Section 553.912, Florida Statutes, is amended
1693to read:
1694     553.912  Air conditioners.-All air conditioners that which
1695are sold or installed in the state shall meet the minimum
1696efficiency ratings of the Florida Energy Efficiency Code for
1697Building Construction. These efficiency ratings shall be
1698minimums and may be updated in the Florida Energy Efficiency
1699Code for Building Construction by the department in accordance
1700with s. 553.901, following its determination that more cost-
1701effective energy-saving equipment and techniques are available.
1702All replacement air-conditioning systems shall be installed
1703using energy-saving, quality installation procedures, including,
1704but not limited to, equipment sizing analysis and duct
1706     Section 39.  Subsection (2) of section 627.711, Florida
1707Statutes, is amended to read:
1708     627.711  Notice of premium discounts for hurricane loss
1709mitigation; uniform mitigation verification inspection form.-
1710     (2)  By July 1, 2007, the Financial Services Commission
1711shall develop by rule a uniform mitigation verification
1712inspection form that shall be used by all insurers when
1713submitted by policyholders for the purpose of factoring
1714discounts for wind insurance. In developing the form, the
1715commission shall seek input from insurance, construction, and
1716building code representatives. Further, the commission shall
1717provide guidance as to the length of time the inspection results
1718are valid. An insurer shall accept as valid a uniform mitigation
1719verification form certified by the Department of Financial
1720Services or signed by:
1721     (a)  A hurricane mitigation inspector certified by the My
1722Safe Florida Home program;
1723     (b)  A building code inspector certified under s. 468.607;
1724     (c)  A general, building, or residential contractor
1725licensed under s. 489.111;
1726     (d)  A professional engineer licensed under s. 471.015 who
1727has passed the appropriate equivalency test of the Building Code
1728Training Program as required by s. 553.841;
1729     (e)  A professional architect licensed under s. 481.213; or
1730     (f)  A home inspector license under s. 468.8314 who has
1731completed at least 2 hours of mitigation training; or
1732     (g)(f)  Any other individual or entity recognized by the
1733insurer as possessing the necessary qualifications to properly
1734complete a uniform mitigation verification form.
1735     Section 40.  Subsections (7) through (28) of section
1736633.021, Florida Statutes, are renumbered as subsections (8)
1737through (29), respectively, a new subsection (7) is added to
1738that section, and present subsection (20) of that section is
1739amended, to read:
1740     633.021  Definitions.-As used in this chapter:
1741     (7)(a)  "Fire equipment dealer Class A" means a licensed
1742fire equipment dealer whose business is limited to servicing,
1743recharging, repairing, installing, or inspecting all types of
1744fire extinguishers and conducting hydrostatic tests on all types
1745of fire extinguishers.
1746     (b)  "Fire equipment dealer Class B" means a licensed fire
1747equipment dealer whose business is limited to servicing,
1748recharging, repairing, installing, or inspecting all types of
1749fire extinguishers, including recharging carbon dioxide units
1750and conducting hydrostatic tests on all types of fire
1751extinguishers, except carbon dioxide units.
1752     (c)  "Fire equipment dealer Class C" means a licensed fire
1753equipment dealer whose business is limited to servicing,
1754recharging, repairing, installing, or inspecting all types of
1755fire extinguishers, except recharging carbon dioxide units, and
1756conducting hydrostatic tests on all types of fire extinguishers,
1757except carbon dioxide units.
1758     (d)  "Fire equipment dealer Class D" means a licensed fire
1759equipment dealer whose business is limited to servicing,
1760recharging, repairing, installing, hydrotesting, or inspecting
1761of all types of preengineered fire extinguishing systems.
1762     (21)(a)(20)  A "preengineered system" is a fire suppression
1763system which:
1764     1.(a)  Uses any of a variety of extinguishing agents.
1765     2.(b)  Is designed to protect specific hazards.
1766     3.(c)  Must be installed according to pretested limitations
1767and configurations specified by the manufacturer and applicable
1768National Fire Protection Association (NFPA) standards. Only
1769those chapters within the National Fire Protection Association
1770standards that pertain to servicing, recharging, repairing,
1771installing, hydrotesting, or inspecting any type of
1772preengineered fire extinguishing system may be used.
1773     4.(d)  Must be installed using components specified by the
1774manufacturer or components that are listed as equal parts by a
1775nationally recognized testing laboratory such as Underwriters
1776Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1777     5.(e)  Must be listed by a nationally recognized testing
1779     (b)  Preengineered systems consist of and include all of
1780the components and parts providing fire suppression protection,
1781but do not include the equipment being protected, and may
1782incorporate special nozzles, flow rates, methods of application,
1783pressurization levels, and quantities of agents designed by the
1784manufacturer for specific hazards.
1785     Section 41.  Paragraph (b) of subsection (3) of section
1786633.0215, Florida Statutes, is amended, and subsections (13) and
1787(14) are added to that section, to read:
1788     633.0215  Florida Fire Prevention Code.-
1789     (3)  No later than 180 days before the triennial adoption
1790of the Florida Fire Prevention Code, the State Fire Marshal
1791shall notify each municipal, county, and special district fire
1792department of the triennial code adoption and steps necessary
1793for local amendments to be included within the code. No later
1794than 120 days before the triennial adoption of the Florida Fire
1795Prevention Code, each local jurisdiction shall provide the State
1796Fire Marshal with copies of its local fire code amendments. The
1797State Fire Marshal has the option to process local fire code
1798amendments that are received less than 120 days before the
1799adoption date of the Florida Fire Prevention Code.
1800     (b)  Any local amendment to the Florida Fire Prevention
1801Code adopted by a local government shall be effective only until
1802the adoption of the new edition of the Florida Fire Prevention
1803Code, which shall be every third year. At such time, the State
1804Fire Marshal shall adopt such amendment as part of the Florida
1805Fire Prevention Code or rescind the amendment. The State Fire
1806Marshal shall immediately notify the respective local government
1807of the rescission of the amendment and the reason for the
1808rescission. After receiving such notice, the respective local
1809government may readopt the rescinded amendment. Incorporation of
1810local amendments as regional and local concerns and variations
1811shall be considered as adoption of an amendment pursuant to this
1812section part.
1813     (13)(a)  The State Fire Marshal shall issue an expedited
1814declaratory statement relating to interpretations of provisions
1815of the Florida Fire Prevention Code according to the following
1817     1.  The declaratory statement shall be rendered in
1818accordance with s. 120.565, except that a final decision must be
1819issued by the State Fire Marshal within 45 days after the
1820division's receipt of a petition seeking an expedited
1821declaratory statement. The State Fire Marshal shall give notice
1822of the petition and the expedited declaratory statement or the
1823denial of the petition in the next available issue of the
1824Florida Administrative Weekly after the petition is filed and
1825after the statement or denial is rendered.
1826     2.  The petitioner must be the owner of the disputed
1827project or the owner's representative.
1828     3.  The petition for an expedited declaratory statement
1829must be:
1830     a.  Related to an active project that is under construction
1831or must have been submitted for a permit.
1832     b.  The subject of a written notice citing a specific
1833provision of the Florida Fire Prevention Code which is in
1835     c.  Limited to a single question that is capable of being
1836answered with a "yes" or "no" response.
1837     (b)  A petition for a declaratory statement which does not
1838meet all of the requirements of this subsection must be denied
1839without prejudice. This subsection does not affect the right of
1840the petitioner as a substantially affected person to seek a
1841declaratory statement under s. 633.01(6).
1842     (14)  A condominium that is one or two stories in height
1843and has an exterior means of egress corridor is exempt from
1844installing a manual fire alarm system as required in s. 9.6 of
1845the most recent edition of the Life Safety Code adopted in the
1846Florida Fire Prevention Code.
1847     Section 42.  Subsections (2) and (10) of section 633.0245,
1848Florida Statutes, are amended to read:
1849     633.0245  State Fire Marshal Nursing Home Fire Protection
1850Loan Guarantee Program.-
1851     (2)  The State Fire Marshal may enter into limited loan
1852guarantee agreements with one or more financial institutions
1853qualified as public depositories in this state. Such agreements
1854shall provide a limited guarantee by the State of Florida
1855covering no more than 50 percent of the principal sum loaned by
1856such financial institution to an eligible nursing home, as
1857defined in subsection (10), for the sole purpose of the initial
1858installation at such nursing home of a fire protection system,
1859as defined in s. 633.021(10)(9), approved by the State Fire
1860Marshal as being in compliance with the provisions of s. 633.022
1861and rules adopted thereunder.
1862     (10)  For purposes of this section, "eligible nursing home"
1863means a nursing home facility that provides nursing services as
1864defined in chapter 464, is licensed under part II of chapter
1865400, and is certified by the Agency for Health Care
1866Administration to lack an installed fire protection system as
1867defined in s. 633.021(10)(9).
1868     Section 43.  Section 633.026, Florida Statutes, is amended
1869to read:
1870     633.026  Legislative intent; informal interpretations of
1871the Florida Fire Prevention Code.-It is the intent of the
1872Legislature that the Florida Fire Prevention Code be interpreted
1873by fire officials and local enforcement agencies in a manner
1874that reasonably and cost-effectively protects the public safety,
1875health, and welfare, ensures uniform interpretations throughout
1876this state, and provides just and expeditious processes for
1877resolving disputes regarding such interpretations. It is the
1878further intent of the Legislature that such processes provide
1879for the expeditious resolution of the issues presented and that
1880the resulting interpretation of such issues be published on the
1881website of the Division of State Fire Marshal.
1882     (1)  The Division of State Fire Marshal shall by rule
1883establish an informal process of rendering nonbinding
1884interpretations of the Florida Fire Prevention Code. The
1885Division of State Fire Marshal may contract with and refer
1886interpretive issues to a third party, selected based upon cost-
1887effectiveness, quality of services to be performed, and other
1888performance-based criteria, nonprofit organization that has
1889experience in interpreting and enforcing the Florida Fire
1890Prevention Code. The Division of State Fire Marshal shall
1891immediately implement the process prior to the completion of
1892formal rulemaking. It is the intent of the Legislature that the
1893Division of State Fire Marshal establish create a Fire Code
1894Interpretation Committee composed of seven persons and seven
1895alternates, equally representing each area of the state process
1896to refer questions to a small group of individuals certified
1897under s. 633.081(2), to which a party can pose questions
1898regarding the interpretation of the Florida Fire Prevention Code
1900     (2)  Each member and alternate member of the Fire Code
1901Interpretation Committee must be certified as a firesafety
1902inspector pursuant to s. 633.081(2) and must have a minimum of 5
1903years of experience interpreting and enforcing the Florida Fire
1904Prevention Code and the Life Safety Code. Each member and
1905alternate member must be approved by the Division of State Fire
1906Marshal and deemed by the division to have met these
1907requirements for at least 30 days before participating in a
1908review of a nonbinding interpretation. It is the intent of the
1909Legislature that the process provide for the expeditious
1910resolution of the issues presented and publication of the
1911resulting interpretation on the website of the Division of State
1912Fire Marshal. It is the intent of the Legislature that this
1913program be similar to the program established by the Florida
1914Building Commission in s. 553.775(3)(g).
1915     (3)  Each nonbinding interpretation of code provisions must
1916be provided within 10 business days after receipt of a request
1917for interpretation. The response period established in this
1918subsection may be waived only with the written consent of the
1919party requesting the nonbinding interpretation and the Division
1920of State Fire Marshal. Nonbinding Such interpretations shall be
1921advisory only and nonbinding on the parties or the State Fire
1923     (4)  In order to administer this section, the Division of
1924State Fire Marshal shall charge department may adopt by rule and
1925impose a fee for nonbinding interpretations, with payment made
1926directly to the third party. The fee may not exceed $150 for
1927each request for a review or interpretation. The division may
1928authorize payment of fees directly to the nonprofit organization
1929under contract pursuant to subsection (1).
1930     (5)  A party requesting a nonbinding interpretation who
1931disagrees with the interpretation issued under this section may
1932apply for a formal interpretation from the State Fire Marshal
1933pursuant to s. 633.01(6).
1934     (6)  The Division of State Fire Marshal shall issue or
1935cause to be issued a nonbinding interpretation of the Florida
1936Fire Prevention Code pursuant to this section when requested to
1937do so upon submission of a petition by a fire official or by the
1938owner or owner's representative or the contractor or
1939contractor's representative of a project in dispute. The
1940division shall adopt a petition form by rule and the petition
1941form must be published on the State Fire Marshal's website. The
1942form shall, at a minimum, require:
1943     (a)  The name and address of the local fire official,
1944including the address of the county, municipality, or special
1946     (b)  The name and address of the owner or owner's
1947representative or the contractor or contractor's representative.
1948     (c)  A statement of the specific sections of the Florida
1949Fire Prevention Code being interpreted by the local fire
1951     (d)  An explanation of how the petitioner's substantial
1952interests are being affected by the local interpretation of the
1953Florida Fire Prevention Code.
1954     (e)  A statement of the interpretation of the specific
1955sections of the Florida Fire Prevention Code by the local fire
1957     (f)  A statement of the interpretation that the petitioner
1958contends should be given to the specific sections of the Florida
1959Fire Prevention Code and a statement supporting the petitioner's
1961     (7)  Upon receipt of a petition that meets the requirements
1962of subsection (6), the Division of State Fire Marshal shall
1963immediately provide copies of the petition to the Fire Code
1964Interpretation Committee, and shall publish the petition and any
1965response submitted by the local fire official on the State Fire
1966Marshal's website.
1967     (8)  The committee shall conduct proceedings as necessary
1968to resolve the issues and give due regard to the petition, the
1969facts of the matter at issue, specific code sections cited, and
1970any statutory implications affecting the Florida Fire Prevention
1971Code. The committee shall issue an interpretation regarding the
1972provisions of the Florida Fire Prevention Code within 10 days
1973after the filing of a petition. The committee shall issue an
1974interpretation based upon the Florida Fire Prevention Code or,
1975if the code is ambiguous, the intent of the code. The
1976committee's interpretation shall be provided to the petitioner
1977and shall include a notice that if the petitioner disagrees with
1978the interpretation, the petitioner may file a request for formal
1979interpretation by the State Fire Marshal under s. 633.01(6). The
1980committee's interpretation shall be provided to the State Fire
1981Marshal, and the division shall publish the interpretation on
1982the State Fire Marshal's website and in the Florida
1983Administrative Weekly.
1984     Section 44.  Subsections (2) through (10) of section
1985633.061, Florida Statutes, are renumbered as subsections (3)
1986through (11), respectively, a new subsection (2) is added to
1987that section, and paragraphs (a) and (c) of present subsection
1988(3) of that section are amended, to read:
1989     633.061  Fire suppression equipment; license to install or
1991     (2)  A person who holds a valid fire equipment dealer
1992license may maintain such license in an inactive status during
1993which time he or she may not engage in any work under the
1994definition of the license held. An inactive status license shall
1995be void after 2 years or at the time that the license is
1996renewed, whichever comes first. The biennial renewal fee for an
1997inactive status license shall be $75. An inactive status license
1998may not be reactivated unless the continuing education
1999requirements of this chapter have been fulfilled.
2000     (4)(3)(a)  Such licenses and permits shall be issued by the
2001State Fire Marshal for 2 years beginning January 1, 2000, and
2002each 2-year period thereafter and expiring December 31 of the
2003second year. All licenses or permits issued will expire on
2004December 31 of each odd-numbered year. The failure to renew a
2005license or permit by December 31 of the second year will cause
2006the license or permit to become inoperative. The holder of an
2007inoperative license or permit shall not engage in any activities
2008for which a license or permit is required by this section. A
2009license or permit which is inoperative because of the failure to
2010renew it shall be restored upon payment of the applicable fee
2011plus a penalty equal to the applicable fee, if the application
2012for renewal is filed no later than the following March 31. If
2013the application for restoration is not made before the March
201431st deadline, the fee for restoration shall be equal to the
2015original application fee and the penalty provided for herein,
2016and, in addition, the State Fire Marshal shall require
2017reexamination of the applicant. The fee for a license or permit
2018issued for 1 year or less shall be prorated at 50 percent of the
2019applicable fee for a biennial license or permit. After initial
2020licensure, each licensee or permittee must shall successfully
2021complete a course or courses of continuing education for fire
2022equipment technicians of at least 16 32 hours. A license or
2023permit may not be renewed unless the licensee or permittee
2024produces documentation of the completion of at least 16 hours of
2025continuing education for fire equipment technicians during the
2026biennial licensure period within 4 years of initial issuance of
2027a license or permit and within each 4-year period thereafter or
2028no such license or permit shall be renewed. A person who is both
2029a licensee and a permittee shall be required to complete 16 32
2030hours of continuing education during each renewal per 4-year
2031period. Each licensee shall ensure that all permittees in his or
2032her employment meet their continuing education requirements. The
2033State Fire Marshal shall adopt rules describing the continuing
2034education requirements and shall have the authority upon
2035reasonable belief, to audit a fire equipment dealer to determine
2036compliance with continuing education requirements.
2037     (c)  A license of any class shall not be issued or renewed
2038by the State Fire Marshal and a license of any class shall not
2039remain operative unless:
2040     1.  The applicant has submitted to the State Fire Marshal
2041evidence of registration as a Florida corporation or evidence of
2042compliance with s. 865.09.
2043     2.  The State Fire Marshal or his or her designee has by
2044inspection determined that the applicant possesses the equipment
2045required for the class of license sought. The State Fire Marshal
2046shall give an applicant a reasonable opportunity to correct any
2047deficiencies discovered by inspection. A fee of $50, payable to
2048the State Fire Marshal, shall be required for any subsequent
2050     3.  The applicant has submitted to the State Fire Marshal
2051proof of insurance providing coverage for comprehensive general
2052liability for bodily injury and property damage, products
2053liability, completed operations, and contractual liability. The
2054State Fire Marshal shall adopt rules providing for the amounts
2055of such coverage, but such amounts shall not be less than
2056$300,000 for Class A or Class D licenses, $200,000 for Class B
2057licenses, and $100,000 for Class C licenses; and the total
2058coverage for any class of license held in conjunction with a
2059Class D license shall not be less than $300,000. The State Fire
2060Marshal may, at any time after the issuance of a license or its
2061renewal, require upon demand, and in no event more than 30 days
2062after notice of such demand, the licensee to provide proof of
2063insurance, on a form provided by the State Fire Marshal,
2064containing confirmation of insurance coverage as required by
2065this chapter. Failure, for any length of time, to provide proof
2066of insurance coverage as required shall result in the immediate
2067suspension of the license until proof of proper insurance is
2068provided to the State Fire Marshal. An insurer which provides
2069such coverage shall notify the State Fire Marshal of any change
2070in coverage or of any termination, cancellation, or nonrenewal
2071of any coverage.
2072     4.  The applicant applies to the State Fire Marshal,
2073provides proof of experience, and successfully completes a
2074prescribed training course offered by the State Fire College or
2075an equivalent course approved by the State Fire Marshal. This
2076subparagraph does not apply to any holder of or applicant for a
2077permit under paragraph (f) or to a business organization or a
2078governmental entity seeking initial licensure or renewal of an
2079existing license solely for the purpose of inspecting,
2080servicing, repairing, marking, recharging, and maintaining fire
2081extinguishers used and located on the premises of and owned by
2082such organization or entity.
2083     5.  The applicant has a current retestor identification
2084number that is appropriate for the license for which the
2085applicant is applying and that is listed with the United States
2086Department of Transportation.
2087     6.  The applicant has passed, with a grade of at least 70
2088percent, a written examination testing his or her knowledge of
2089the rules and statutes regulating the activities authorized by
2090the license and demonstrating his or her knowledge and ability
2091to perform those tasks in a competent, lawful, and safe manner.
2092Such examination shall be developed and administered by the
2093State Fire Marshal, or his or her designee in accordance with
2094policies and procedures of the State Fire Marshal. An applicant
2095shall pay a nonrefundable examination fee of $50 for each
2096examination or reexamination scheduled. No reexamination shall
2097be scheduled sooner than 30 days after any administration of an
2098examination to an applicant. No applicant shall be permitted to
2099take an examination for any level of license more than a total
2100of four times during 1 year, regardless of the number of
2101applications submitted. As a prerequisite to licensure of the
2103     a.  Must be at least 18 years of age.
2104     b.  Must have 4 years of proven experience as a fire
2105equipment permittee at a level equal to or greater than the
2106level of license applied for or have a combination of education
2107and experience determined to be equivalent thereto by the State
2108Fire Marshal. Having held a permit at the appropriate level for
2109the required period constitutes the required experience.
2110     c.  Must not have been convicted of, or pled nolo
2111contendere to, any felony. If an applicant has been convicted of
2112any such felony, the applicant must comply with s.
2115This subparagraph does not apply to any holder of or applicant
2116for a permit under paragraph (f) or to a business organization
2117or a governmental entity seeking initial licensure or renewal of
2118an existing license solely for the purpose of inspecting,
2119servicing, repairing, marking, recharging, hydrotesting, and
2120maintaining fire extinguishers used and located on the premises
2121of and owned by such organization or entity.
2122     Section 45.  Section 633.081, Florida Statutes, is amended
2123to read:
2124     633.081  Inspection of buildings and equipment; orders;
2125firesafety inspection training requirements; certification;
2126disciplinary action.-The State Fire Marshal and her or his
2127agents shall, at any reasonable hour, when the State Fire
2128Marshal department has reasonable cause to believe that a
2129violation of this chapter or s. 509.215, or a rule promulgated
2130thereunder, or a minimum firesafety code adopted by a local
2131authority, may exist, inspect any and all buildings and
2132structures which are subject to the requirements of this chapter
2133or s. 509.215 and rules promulgated thereunder. The authority to
2134inspect shall extend to all equipment, vehicles, and chemicals
2135which are located within the premises of any such building or
2137     (1)  Each county, municipality, and special district that
2138has firesafety enforcement responsibilities shall employ or
2139contract with a firesafety inspector. Except as provided in s.
2140633.082(2), the firesafety inspector must conduct all firesafety
2141inspections that are required by law. The governing body of a
2142county, municipality, or special district that has firesafety
2143enforcement responsibilities may provide a schedule of fees to
2144pay only the costs of inspections conducted pursuant to this
2145subsection and related administrative expenses. Two or more
2146counties, municipalities, or special districts that have
2147firesafety enforcement responsibilities may jointly employ or
2148contract with a firesafety inspector.
2149     (2)  Except as provided in s. 633.082(2), every firesafety
2150inspection conducted pursuant to state or local firesafety
2151requirements shall be by a person certified as having met the
2152inspection training requirements set by the State Fire Marshal.
2153Such person shall:
2154     (a)  Be a high school graduate or the equivalent as
2155determined by the department;
2156     (b)  Not have been found guilty of, or having pleaded
2157guilty or nolo contendere to, a felony or a crime punishable by
2158imprisonment of 1 year or more under the law of the United
2159States, or of any state thereof, which involves moral turpitude,
2160without regard to whether a judgment of conviction has been
2161entered by the court having jurisdiction of such cases;
2162     (c)  Have her or his fingerprints on file with the
2163department or with an agency designated by the department;
2164     (d)  Have good moral character as determined by the
2166     (e)  Be at least 18 years of age;
2167     (f)  Have satisfactorily completed the firesafety inspector
2168certification examination as prescribed by the department; and
2169     (g)1.  Have satisfactorily completed, as determined by the
2170department, a firesafety inspector training program of not less
2171than 200 hours established by the department and administered by
2172agencies and institutions approved by the department for the
2173purpose of providing basic certification training for firesafety
2174inspectors; or
2175     2.  Have received in another state training which is
2176determined by the department to be at least equivalent to that
2177required by the department for approved firesafety inspector
2178education and training programs in this state.
2179     (3)  Each special state firesafety inspection which is
2180required by law and is conducted by or on behalf of an agency of
2181the state must be performed by an individual who has met the
2182provision of subsection (2), except that the duration of the
2183training program shall not exceed 120 hours of specific training
2184for the type of property that such special state firesafety
2185inspectors are assigned to inspect.
2186     (4)  A firefighter certified pursuant to s. 633.35 may
2187conduct firesafety inspections, under the supervision of a
2188certified firesafety inspector, while on duty as a member of a
2189fire department company conducting inservice firesafety
2190inspections without being certified as a firesafety inspector,
2191if such firefighter has satisfactorily completed an inservice
2192fire department company inspector training program of at least
219324 hours' duration as provided by rule of the department.
2194     (5)  Every firesafety inspector or special state firesafety
2195inspector certificate is valid for a period of 3 years from the
2196date of issuance. Renewal of certification shall be subject to
2197the affected person's completing proper application for renewal
2198and meeting all of the requirements for renewal as established
2199under this chapter or by rule promulgated thereunder, which
2200shall include completion of at least 40 hours during the
2201preceding 3-year period of continuing education as required by
2202the rule of the department or, in lieu thereof, successful
2203passage of an examination as established by the department.
2204     (6)  The State Fire Marshal may deny, refuse to renew,
2205suspend, or revoke the certificate of a firesafety inspector or
2206special state firesafety inspector if it finds that any of the
2207following grounds exist:
2208     (a)  Any cause for which issuance of a certificate could
2209have been refused had it then existed and been known to the
2210State Fire Marshal.
2211     (b)  Violation of this chapter or any rule or order of the
2212State Fire Marshal.
2213     (c)  Falsification of records relating to the certificate.
2214     (d)  Having been found guilty of or having pleaded guilty
2215or nolo contendere to a felony, whether or not a judgment of
2216conviction has been entered.
2217     (e)  Failure to meet any of the renewal requirements.
2218     (f)  Having been convicted of a crime in any jurisdiction
2219which directly relates to the practice of fire code inspection,
2220plan review, or administration.
2221     (g)  Making or filing a report or record that the
2222certificateholder knows to be false, or knowingly inducing
2223another to file a false report or record, or knowingly failing
2224to file a report or record required by state or local law, or
2225knowingly impeding or obstructing such filing, or knowingly
2226inducing another person to impede or obstruct such filing.
2227     (h)  Failing to properly enforce applicable fire codes or
2228permit requirements within this state which the
2229certificateholder knows are applicable by committing willful
2230misconduct, gross negligence, gross misconduct, repeated
2231negligence, or negligence resulting in a significant danger to
2232life or property.
2233     (i)  Accepting labor, services, or materials at no charge
2234or at a noncompetitive rate from any person who performs work
2235that is under the enforcement authority of the certificateholder
2236and who is not an immediate family member of the
2237certificateholder. For the purpose of this paragraph, the term
2238"immediate family member" means a spouse, child, parent,
2239sibling, grandparent, aunt, uncle, or first cousin of the person
2240or the person's spouse or any person who resides in the primary
2241residence of the certificateholder.
2242     (7)  The Division of State Fire Marshal and the Florida
2243Building Code Administrators and Inspectors Board, established
2244pursuant to under s. 468.605, shall enter into a reciprocity
2245agreement to facilitate joint recognition of continuing
2246education recertification hours for certificateholders licensed
2247under s. 468.609 and firesafety inspectors certified under
2248subsection (2).
2249     (8)  The State Fire Marshal shall develop by rule an
2250advanced training and certification program for firesafety
2251inspectors having fire code management responsibilities. The
2252program must be consistent with the appropriate provisions of
2253NFPA 1037, or similar standards adopted by the division, and
2254establish minimum training, education, and experience levels for
2255firesafety inspectors having fire code management
2257     (9)(7)  The department shall provide by rule for the
2258certification of firesafety inspectors.
2259     Section 46.  Subsection (2) of section 633.082, Florida
2260Statutes, is amended to read:
2261     633.082  Inspection of fire control systems, fire hydrants,
2262and fire protection systems.-
2263     (2)  Fire hydrants and fire protection systems installed in
2264public and private properties, except one-family or two-family
2265dwellings, in this state shall be inspected following procedures
2266established in the nationally recognized inspection, testing,
2267and maintenance standards publications NFPA-24 and NFPA-25 as
2268set forth in the edition adopted by the State Fire Marshal.
2269Quarterly, annual, 3-year, and 5-year inspections consistent
2270with the contractual provisions with the owner shall be
2271conducted by the certificateholder or permittees employed by the
2272certificateholder pursuant to s. 633.521, except that:
2273     (a)  Public fire hydrants owned by a governmental entity
2274shall be inspected following procedures established in the
2275inspection, testing, and maintenance standards adopted by the
2276State Fire Marshal or equivalent standards such as those
2277contained in the latest edition of the American Water Works
2278Association's Manual M17, "Installation, Field Testing, and
2279Maintenance of Fire Hydrants."
2280     (b)  County, municipal, and special district utilities may
2281perform fire hydrant inspections required by this section using
2282designated employees. Such designated employees need not be
2283certified under this chapter. However, counties, municipalities,
2284or special districts that use designated employees are
2285responsible for ensuring that the designated employees are
2286qualified to perform such inspections.
2287     Section 47.  Section 633.352, Florida Statutes, is amended
2288to read:
2289     633.352  Retention of firefighter certification.-Any
2290certified firefighter who has not been active as a firefighter,
2291or as a volunteer firefighter with an organized fire department,
2292for a period of 3 years shall be required to retake the
2293practical portion of the minimum standards state examination
2294specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2295Administrative Code, in order to maintain her or his
2296certification as a firefighter; however, this requirement does
2297not apply to state-certified firefighters who are certified and
2298employed as full-time firesafety inspectors or firesafety
2299instructors, regardless of the firefighter's employment status
2300as determined by the division. The 3-year period begins on the
2301date the certificate of compliance is issued or upon termination
2302of service with an organized fire department.
2303     Section 48.  Paragraph (e) of subsection (2) and
2304subsections (3), (10), and (11) of section 633.521, Florida
2305Statutes, are amended to read:
2306     633.521  Certificate application and issuance; permit
2307issuance; examination and investigation of applicant.-
2308     (2)
2309     (e)  An applicant may not be examined more than four times
2310during 1 year for certification as a contractor pursuant to this
2311section unless the person is or has been certified and is taking
2312the examination to change classifications. If an applicant does
2313not pass one or more parts of the examination, she or he may
2314take any part of the examination three more times during the 1-
2315year period beginning upon the date she or he originally filed
2316an application to take the examination. If the applicant does
2317not pass the examination within that 1-year period, she or he
2318must file a new application and pay the application and
2319examination fees in order to take the examination or a part of
2320the examination again. However, the applicant may not file a new
2321application sooner than 6 months after the date of her or his
2322last examination. An applicant who passes the examination but
2323does not meet the remaining qualifications as provided in
2324applicable statutes and rules within 1 year after the
2325application date must file a new application, pay the
2326application and examination fee, successfully complete a
2327prescribed training course approved by the State Fire College or
2328an equivalent course approved by the State Fire Marshal, and
2329retake and pass the written examination.
2330     (3)(a)  As a prerequisite to taking the examination for
2331certification as a Contractor I, Contractor II, or Contractor
2332III, the applicant must be at least 18 years of age, be of good
2333moral character, and shall possess 4 years' proven experience in
2334the employment of a fire protection system Contractor I,
2335Contractor II, or Contractor III or a combination of equivalent
2336education and experience in both water-based and chemical fire
2337suppression systems.
2338     (b)  As a prerequisite to taking the examination for
2339certification as a Contractor II, the applicant must be at least
234018 years of age, be of good moral character, and have 4 years of
2341verifiable employment experience with a fire protection system
2342as a Contractor I or Contractor II, or a combination of
2343equivalent education and experience in water-based fire
2344suppression systems.
2345     (c)  Required education and experience for certification as
2346a Contractor I, Contractor II, Contractor III, or Contractor IV
2347includes training and experience in both installation and system
2348layout as defined in s. 633.021.
2349     (d)  As a prerequisite to taking the examination for
2350certification as a Contractor III, the applicant must be at
2351least 18 years of age, be of good moral character, and have 4
2352years of verifiable employment experience with a fire protection
2353system as a Contractor I or Contractor II, or a combination of
2354equivalent education and experience in chemical fire suppression
2356     (e)  As a prerequisite to taking the examination for
2357certification as a Contractor IV, the applicant must shall be at
2358least 18 years old, be of good moral character, be licensed as a
2359certified plumbing contractor under chapter 489, and
2360successfully complete a training program acceptable to the State
2361Fire Marshal of not less than 40 contact hours regarding the
2362applicable installation standard used by the Contractor IV as
2363described in NFPA 13D. The State Fire Marshal may adopt rules to
2364administer this subsection have at least 2 years' proven
2365experience in the employment of a fire protection system
2366Contractor I, Contractor II, Contractor III, or Contractor IV or
2367combination of equivalent education and experience which
2368combination need not include experience in the employment of a
2369fire protection system contractor.
2370     (f)  As a prerequisite to taking the examination for
2371certification as a Contractor V, the applicant must shall be at
2372least 18 years old, be of good moral character, and have been
2373licensed as a certified underground utility and excavation
2374contractor or certified plumbing contractor pursuant to chapter
2375489, have verification by an individual who is licensed as a
2376certified utility contractor or certified plumbing contractor
2377pursuant to chapter 489 that the applicant has 4 years' proven
2378experience in the employ of a certified underground utility and
2379excavation contractor or certified plumbing contractor, or have
2380a combination of education and experience equivalent to 4 years'
2381proven experience in the employ of a certified underground
2382utility and excavation contractor or certified plumbing
2384     (g)  Within 30 days after the date of the examination, the
2385State Fire Marshal shall inform the applicant in writing whether
2386she or he has qualified or not and, if the applicant has
2387qualified, that she or he is ready to issue a certificate of
2388competency, subject to compliance with the requirements of
2389subsection (4).
2390     (10)  Effective July 1, 2008, The State Fire Marshal shall
2391require the National Institute of Certification in Engineering
2392Technologies (NICET), Sub-field of Inspection and Testing of
2393Fire Protection Systems Level II or equivalent training and
2394education as determined by the division as proof that the
2395permitholders are knowledgeable about nationally accepted
2396standards for the inspection of fire protection systems. It is
2397the intent of this act, from July 1, 2005, until July 1, 2008,
2398to accept continuing education of all certificateholders'
2399employees who perform inspection functions which specifically
2400prepares the permitholder to qualify for NICET II certification.
2401     (11)  It is intended that a certificateholder, or a
2402permitholder who is employed by a certificateholder, conduct
2403inspections required by this chapter. It is understood that
2404after July 1, 2008, employee turnover may result in a depletion
2405of personnel who are certified under the NICET Sub-field of
2406Inspection and Testing of Fire Protection Systems Level II or
2407equivalent training and education as required by the Division of
2408State Fire Marshal which is required for permitholders. The
2409extensive training and experience necessary to achieve NICET
2410Level II certification is recognized. A certificateholder may
2411therefore obtain a provisional permit with an endorsement for
2412inspection, testing, and maintenance of water-based fire
2413extinguishing systems for an employee if the employee has
2414initiated procedures for obtaining Level II certification from
2415the National Institute for Certification in Engineering
2416Technologies Sub-field of Inspection and Testing of Fire
2417Protection Systems and achieved Level I certification or an
2418equivalent level as determined by the State Fire Marshal through
2419verification of experience, training, and examination. The State
2420Fire Marshal may establish rules to administer this subsection.
2421After 2 years of provisional certification, the employee must
2422have achieved NICET Level II certification or obtain equivalent
2423training and education as determined by the division, or cease
2424performing inspections requiring Level II certification. The
2425provisional permit is valid only for the 2 calendar years after
2426the date of issuance, may not be extended, and is not renewable.
2427After the initial 2-year provisional permit expires, the
2428certificateholder must wait 2 additional years before a new
2429provisional permit may be issued. The intent is to prohibit the
2430certificateholder from using employees who never reach NICET
2431Level II status, or equivalent training and education as
2432determined by the division, by continuously obtaining
2433provisional permits.
2434     Section 49.  Subsection (3) is added to section 633.524,
2435Florida Statutes, to read:
2436     633.524  Certificate and permit fees; use and deposit of
2437collected funds.-
2438     (3)  The State Fire Marshal may enter into a contract with
2439any qualified public entity or private company in accordance
2440with chapter 287 to provide examinations for any applicant for
2441any examination administered under the jurisdiction of the State
2442Fire Marshal. The State Fire Marshal may direct payments from
2443each applicant for each examination directly to such contracted
2444entity or company.
2445     Section 50.  Subsection (4) of section 633.537, Florida
2446Statutes, is amended to read:
2447     633.537  Certificate; expiration; renewal; inactive
2448certificate; continuing education.-
2449     (4)  The renewal period for the permit class is the same as
2450that for the employing certificateholder. The continuing
2451education requirements for permitholders are what is required to
2452maintain NICET Sub-field of Inspection and Testing of Fire
2453Protection Systems Level II, equivalent training and education
2454as determined by the division, or higher certification plus 8
2455contact hours of continuing education approved by the State Fire
2456Marshal during each biennial renewal period thereafter. The
2457continuing education curriculum from July 1, 2005, until July 1,
24582008, shall be the preparatory curriculum for NICET II
2459certification; after July 1, 2008, the technical curriculum is
2460at the discretion of the State Fire Marshal and may be used to
2461meet the maintenance of NICET Level II certification and 8
2462contact hours of continuing education requirements. It is the
2463responsibility of the permitholder to maintain NICET II
2464certification or equivalent training and education as determined
2465by the division as a condition of permit renewal after July 1,
2467     Section 51.  Subsection (4) of section 633.72, Florida
2468Statutes, is amended to read:
2469     633.72  Florida Fire Code Advisory Council.-
2470     (4)  Each appointee shall serve a 4-year term. No member
2471shall serve more than two consecutive terms one term. No member
2472of the council shall be paid a salary as such member, but each
2473shall receive travel and expense reimbursement as provided in s.
2475     Section 52.  Subsection (6) of section 718.113, Florida
2476Statutes, is repealed.
2477     Section 53.  The Florida Building Commission shall revise
2478the Florida Building Code in order to make it consistent with
2479the revisions made by this act to s. 399.02, Florida Statutes.
2480     Section 54.  This act shall take effect July 1, 2010.

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