Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 396
       
       
       
       
       
       
                                Barcode 342646                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/07/2011           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (16) of
    6  section 120.80, Florida Statutes, to read:
    7         120.80 Exceptions and special requirements; agencies.—
    8         (16) FLORIDA BUILDING COMMISSION.—
    9         (d) Rule proceedings relating to updates and modifications
   10  of the Florida Building Code pursuant to s. 553.73 are exempt
   11  from ss. 120.54(3) and 120.541(3).
   12         Section 2. Subsections (3) and (4) of section 255.252,
   13  Florida Statutes, are amended to read:
   14         255.252 Findings and intent.—
   15         (3) In order for that such energy-efficiency and
   16  sustainable materials considerations to become a function of
   17  building design and a model for future application in the
   18  private sector, it is shall be the policy of the state that
   19  buildings constructed and financed by the state be designed and
   20  constructed to comply with a sustainable building rating the
   21  United States Green Building Council (USGBC) Leadership in
   22  Energy and Environmental Design (LEED) rating system, the Green
   23  Building Initiative’s Green Globes rating system, the Florida
   24  Green Building Coalition standards, or a nationally recognized,
   25  high-performance green building rating system as approved by the
   26  department. It is further the policy of the state, if when
   27  economically feasible, to retrofit existing state-owned
   28  buildings in a manner that minimizes which will minimize the
   29  consumption of energy used in the operation and maintenance of
   30  such buildings.
   31         (4) In addition to designing and constructing new buildings
   32  to be energy-efficient, it is shall be the policy of the state
   33  to operate and maintain state facilities in a manner that
   34  minimizes which will minimize energy consumption and maximizes
   35  maximize building sustainability, and to operate as well as
   36  ensure that facilities leased by the state are operated so as to
   37  minimize energy use. It is further the policy of the state that
   38  the renovation of existing state facilities be in accordance
   39  with a sustainable building rating the United States Green
   40  Building Council (USGBC) Leadership in Energy and Environmental
   41  Design (LEED) rating system, the Green Building Initiative’s
   42  Green Globes rating system, the Florida Green Building Coalition
   43  standards, or a nationally recognized, high-performance green
   44  building rating system as approved by the department. State
   45  agencies are encouraged to consider shared savings financing of
   46  such energy-efficiency and conservation projects, using
   47  contracts that which split the resulting savings for a specified
   48  period of time between the state agency and the private firm or
   49  cogeneration contracts and that which otherwise permit the state
   50  to lower its net energy costs. Such energy contracts may be
   51  funded from the operating budget.
   52         Section 3. Subsection (7) of section 255.253, Florida
   53  Statutes, is amended to read:
   54         255.253 Definitions; ss. 255.251-255.258.—
   55         (7) “Sustainable building rating” means a rating
   56  established by the United States Green Building Council (USGBC)
   57  Leadership in Energy and Environmental Design (LEED) rating
   58  system, the International Green Construction Code (IGCC), the
   59  Green Building Initiative’s Green Globes rating system, the
   60  Florida Green Building Coalition standards, or a nationally
   61  recognized, high-performance green building rating system as
   62  approved by the department.
   63         Section 4. Subsection (4) of section 255.257, Florida
   64  Statutes, is amended to read:
   65         255.257 Energy management; buildings occupied by state
   66  agencies.—
   67         (4) ADOPTION OF STANDARDS.—
   68         (a) All state agencies shall adopt a sustainable building
   69  rating system the United States Green Building Council (USGBC)
   70  Leadership in Energy and Environmental Design (LEED) rating
   71  system, the Green Building Initiative’s Green Globes rating
   72  system, the Florida Green Building Coalition standards, or a
   73  nationally recognized, high-performance green building rating
   74  system as approved by the department for all new buildings and
   75  renovations to existing buildings.
   76         (b) No state agency shall enter into new leasing agreements
   77  for office space that does not meet Energy Star building
   78  standards, except when determined by the appropriate state
   79  agency head determines that no other viable or cost-effective
   80  alternative exists.
   81         (c) All state agencies shall develop energy conservation
   82  measures and guidelines for new and existing office space where
   83  state agencies occupy more than 5,000 square feet. These
   84  conservation measures shall focus on programs that may reduce
   85  energy consumption and, when established, provide a net
   86  reduction in occupancy costs.
   87         Section 5. Subsection (2) of section 255.2575, Florida
   88  Statutes, is amended to read:
   89         255.2575 Energy-efficient and sustainable buildings.—
   90         (2) All county, municipal, school district, water
   91  management district, state university, community college, and
   92  Florida state court buildings shall be constructed to comply
   93  with a sustainable building rating system meet the United States
   94  Green Building Council (USGBC) Leadership in Energy and
   95  Environmental Design (LEED) rating system, the Green Building
   96  Initiative’s Green Globes rating system, the Florida Green
   97  Building Coalition standards, or a nationally recognized, high
   98  performance green building rating system as approved by the
   99  Department of Management Services. This section applies shall
  100  apply to all county, municipal, school district, water
  101  management district, state university, community college, and
  102  Florida state court buildings the architectural plans of which
  103  are commenced after July 1, 2008.
  104         Section 6. Subsection (1) of section 468.8316, Florida
  105  Statutes, is amended to read:
  106         468.8316 Continuing education.—
  107         (1) The department may not renew a license until the
  108  licensee submits proof satisfactory to the department that
  109  during the 2 years before prior to his or her application for
  110  renewal the licensee has completed at least 14 hours of
  111  continuing education. Of the 14 hours, at least 2 hours must be
  112  in hurricane mitigation training that includes hurricane
  113  mitigation techniques and compliance with the uniform mitigation
  114  verification inspection form developed under s. 627.711(2). The
  115  department shall adopt rules establishing criteria for approving
  116  continuing education providers and courses course content shall
  117  be approved by the department by rule.
  118         Section 7. Paragraph (f) of subsection (1) and subsection
  119  (3) of section 468.8319, Florida Statutes, are amended to read
  120         468.8319 Prohibitions; penalties.—
  121         (1) A person may not:
  122         (f) Perform or offer to perform any repairs to a home on
  123  which the inspector or the inspector’s company has prepared a
  124  home inspection report. This paragraph does not apply to:
  125         1. a home warranty company that is affiliated with or
  126  retains a home inspector to perform repairs pursuant to a claim
  127  made under a home warranty contract.
  128         2. A certified contractor who is classified in s.
  129  489.105(3) as a Division I contractor. However, the department
  130  may adopt rules requiring that, if such contractor performs the
  131  home inspection and offers to perform the repairs, the contract
  132  for repairs provided to the homeowner discloses that he or she
  133  has the right to request competitive bids.
  134         (3) This section does not apply to unlicensed activity as
  135  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  136  that occurs before July 1, 2011.
  137         Section 8. Paragraph (b) of subsection (1) of section
  138  468.8323, Florida Statutes, is amended to read:
  139         468.8323 Home inspection report.—Upon completion of each
  140  home inspection for compensation, the home inspector shall
  141  provide a written report prepared for the client.
  142         (1) The home inspector shall report:
  143         (b) If not self-evident, a reason why the system or
  144  component reported under paragraph (a) is significantly
  145  deficient or near the end of its service life.
  146         Section 9. Subsections (1) and (2) of section 468.8324,
  147  Florida Statutes, are amended to read:
  148         468.8324 Grandfather clause.—
  149         (1) A person who performs home inspection services as
  150  defined in this part may qualify for licensure by the department
  151  as a home inspector under this part if the person submits an
  152  application to the department postmarked on or before July 1,
  153  2012 March 1, 2011, which shows that the applicant:
  154         (a) Is certified as a home inspector by a state or national
  155  association that requires, for such certification, successful
  156  completion of a proctored examination on home inspection
  157  services and completes at least 14 hours of verifiable education
  158  on such services; or
  159         (b) Has at least 3 years of experience as a home inspector
  160  at the time of application and has completed 14 hours of
  161  verifiable education on home inspection services. To establish
  162  the 3 years of experience, an applicant must submit at least 120
  163  home inspection reports prepared by the applicant.
  164  
  165  (2) The department may investigate the validity of a home
  166  inspection report submitted under paragraph (b) (1)(b) and, if
  167  the applicant submits a false report, may take disciplinary
  168  action against the applicant under s. 468.832(1)(e) or (g).
  169         (2) A person who performs home inspection services may
  170  qualify for licensure as a home inspector under this part if the
  171  person submits an application to the department postmarked on or
  172  before July 1, 2012, which shows that the applicant:
  173         (a) Possesses certification as a one- and two-family
  174  dwelling inspector issued by the International Code Council or
  175  the Southern Building Code Congress International;
  176         (b) Has been certified as a one- and two-family dwelling
  177  inspector by the Florida Building Code Administrators and
  178  Inspectors Board under part XII of this chapter; or
  179         (c) Possesses a Division I contractor license under part I
  180  of chapter 489.
  181         Section 10. Subsection (18) of section 489.103, Florida
  182  Statutes, is amended to read:
  183         489.103 Exemptions.—This part does not apply to:
  184         (18) Any one-family, two-family, or three-family residence
  185  constructed or created by Habitat for Humanity International,
  186  Inc., or its local affiliates. Habitat for Humanity
  187  International, Inc., or its local affiliates, must:
  188         (a) Obtain all necessary building permits.
  189         (b) Obtain all required building code inspections.
  190         (c) Provide for supervision of all work by an individual
  191  with construction experience.
  192         Section 11. Subsection (3) of section 489.105, Florida
  193  Statutes, is amended to read
  194         489.105 Definitions.—As used in this part:
  195         (3) “Contractor” means the person who is qualified for, and
  196  is shall only be responsible for, the project contracted for and
  197  means, except as exempted in this part, the person who, for
  198  compensation, undertakes to, submits a bid to, or does himself
  199  or herself or by others construct, repair, alter, remodel, add
  200  to, demolish, subtract from, or improve any building or
  201  structure, including related improvements to real estate, for
  202  others or for resale to others; and whose job scope is
  203  substantially similar to the job scope described in one of the
  204  subsequent paragraphs of this subsection. For the purposes of
  205  regulation under this part, “demolish” applies only to
  206  demolition of steel tanks over 50 feet in height; towers over 50
  207  feet in height; other structures over 50 feet in height, other
  208  than buildings or residences over three stories tall; and
  209  buildings or residences over three stories tall. Contractors are
  210  subdivided into two divisions, Division I, consisting of those
  211  contractors defined in paragraphs (a)-(c), and Division II,
  212  consisting of those contractors defined in paragraphs (d)-(r)
  213  (d)-(q):
  214         (a) “General contractor” means a contractor whose services
  215  are unlimited as to the type of work which he or she may do, who
  216  may contract for any activity requiring licensure under this
  217  part, and who may perform any work requiring licensure under
  218  this part, except as otherwise expressly provided in s. 489.113.
  219         (b) “Building contractor” means a contractor whose services
  220  are limited to construction of commercial buildings and single
  221  dwelling or multiple-dwelling residential buildings, which
  222  commercial or residential buildings do not exceed three stories
  223  in height, and accessory use structures in connection therewith
  224  or a contractor whose services are limited to remodeling,
  225  repair, or improvement of any size building if the services do
  226  not affect the structural members of the building.
  227         (c) “Residential contractor” means a contractor whose
  228  services are limited to construction, remodeling, repair, or
  229  improvement of one-family, two-family, or three-family
  230  residences not exceeding two habitable stories above no more
  231  than one uninhabitable story and accessory use structures in
  232  connection therewith.
  233         (d) “Sheet metal contractor” means a contractor whose
  234  services are unlimited in the sheet metal trade and who has the
  235  experience, knowledge, and skill necessary for the manufacture,
  236  fabrication, assembling, handling, erection, installation,
  237  dismantling, conditioning, adjustment, insulation, alteration,
  238  repair, servicing, or design, if when not prohibited by law, of
  239  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  240  equivalent or lighter gauge and of other materials, including,
  241  but not limited to, fiberglass, used in lieu thereof and of air
  242  handling systems, including the setting of air-handling
  243  equipment and reinforcement of same, the balancing of air
  244  handling systems, and any duct cleaning and equipment sanitizing
  245  that which requires at least a partial disassembling of the
  246  system.
  247         (e) “Roofing contractor” means a contractor whose services
  248  are unlimited in the roofing trade and who has the experience,
  249  knowledge, and skill to install, maintain, repair, alter,
  250  extend, or design, if when not prohibited by law, and use
  251  materials and items used in the installation, maintenance,
  252  extension, and alteration of all kinds of roofing,
  253  waterproofing, and coating, except when coating is not
  254  represented to protect, repair, waterproof, stop leaks, or
  255  extend the life of the roof. The scope of work of a roofing
  256  contractor also includes required roof-deck attachments and any
  257  repair or replacement of wood roof sheathing or fascia as needed
  258  during roof repair or replacement.
  259         (f) “Class A air-conditioning contractor” means a
  260  contractor whose services are unlimited in the execution of
  261  contracts requiring the experience, knowledge, and skill to
  262  install, maintain, repair, fabricate, alter, extend, or design,
  263  if when not prohibited by law, central air-conditioning,
  264  refrigeration, heating, and ventilating systems, including duct
  265  work in connection with a complete system if only to the extent
  266  such duct work is performed by the contractor as is necessary to
  267  make complete an air-distribution system, boiler and unfired
  268  pressure vessel systems, and all appurtenances, apparatus, or
  269  equipment used in connection therewith, and any duct cleaning
  270  and equipment sanitizing that which requires at least a partial
  271  disassembling of the system; to install, maintain, repair,
  272  fabricate, alter, extend, or design, if when not prohibited by
  273  law, piping, insulation of pipes, vessels and ducts, pressure
  274  and process piping, and pneumatic control piping; to replace,
  275  disconnect, or reconnect power wiring on the load side of the
  276  dedicated existing electrical disconnect switch; to install,
  277  disconnect, and reconnect low voltage heating, ventilating, and
  278  air-conditioning control wiring; and to install a condensate
  279  drain from an air-conditioning unit to an existing safe waste or
  280  other approved disposal other than a direct connection to a
  281  sanitary system. The scope of work for such contractor shall
  282  also includes include any excavation work incidental thereto,
  283  but does shall not include any work such as liquefied petroleum
  284  or natural gas fuel lines within buildings, except for
  285  disconnecting or reconnecting changeouts of liquefied petroleum
  286  or natural gas appliances within buildings; potable water lines
  287  or connections thereto; sanitary sewer lines; swimming pool
  288  piping and filters; or electrical power wiring.
  289         (g) “Class B air-conditioning contractor” means a
  290  contractor whose services are limited to 25 tons of cooling and
  291  500,000 Btu of heating in any one system in the execution of
  292  contracts requiring the experience, knowledge, and skill to
  293  install, maintain, repair, fabricate, alter, extend, or design,
  294  if when not prohibited by law, central air-conditioning,
  295  refrigeration, heating, and ventilating systems, including duct
  296  work in connection with a complete system only to the extent
  297  such duct work is performed by the contractor as is necessary to
  298  make complete an air-distribution system being installed under
  299  this classification, and any duct cleaning and equipment
  300  sanitizing that which requires at least a partial disassembling
  301  of the system; to install, maintain, repair, fabricate, alter,
  302  extend, or design, if when not prohibited by law, piping and
  303  insulation of pipes, vessels, and ducts; to replace, disconnect,
  304  or reconnect power wiring on the load side of the dedicated
  305  existing electrical disconnect switch; to install, disconnect,
  306  and reconnect low voltage heating, ventilating, and air
  307  conditioning control wiring; and to install a condensate drain
  308  from an air-conditioning unit to an existing safe waste or other
  309  approved disposal other than a direct connection to a sanitary
  310  system. The scope of work for such contractor shall also
  311  includes include any excavation work incidental thereto, but
  312  does shall not include any work such as liquefied petroleum or
  313  natural gas fuel lines within buildings, except for
  314  disconnecting or reconnecting changeouts of liquefied petroleum
  315  or natural gas appliances within buildings; potable water lines
  316  or connections thereto; sanitary sewer lines; swimming pool
  317  piping and filters; or electrical power wiring.
  318         (h) “Class C air-conditioning contractor” means a
  319  contractor whose business is limited to the servicing of air
  320  conditioning, heating, or refrigeration systems, including any
  321  duct cleaning and equipment sanitizing that which requires at
  322  least a partial disassembling of the system, and whose
  323  certification or registration, issued pursuant to this part, was
  324  valid on October 1, 1988. Only a No person who was not
  325  previously registered or certified as a Class C air-conditioning
  326  contractor as of October 1, 1988, shall be so registered or
  327  certified after October 1, 1988. However, the board shall
  328  continue to license and regulate those Class C air-conditioning
  329  contractors who held Class C licenses before prior to October 1,
  330  1988.
  331         (i) “Mechanical contractor” means a contractor whose
  332  services are unlimited in the execution of contracts requiring
  333  the experience, knowledge, and skill to install, maintain,
  334  repair, fabricate, alter, extend, or design, if when not
  335  prohibited by law, central air-conditioning, refrigeration,
  336  heating, and ventilating systems, including duct work in
  337  connection with a complete system if only to the extent such
  338  duct work is performed by the contractor as is necessary to make
  339  complete an air-distribution system, boiler and unfired pressure
  340  vessel systems, lift station equipment and piping, and all
  341  appurtenances, apparatus, or equipment used in connection
  342  therewith, and any duct cleaning and equipment sanitizing that
  343  which requires at least a partial disassembling of the system;
  344  to install, maintain, repair, fabricate, alter, extend, or
  345  design, if when not prohibited by law, piping, insulation of
  346  pipes, vessels and ducts, pressure and process piping, pneumatic
  347  control piping, gasoline tanks and pump installations and piping
  348  for same, standpipes, air piping, vacuum line piping, oxygen
  349  lines, nitrous oxide piping, ink and chemical lines, fuel
  350  transmission lines, liquefied petroleum gas lines within
  351  buildings, and natural gas fuel lines within buildings; to
  352  replace, disconnect, or reconnect power wiring on the load side
  353  of the dedicated existing electrical disconnect switch; to
  354  install, disconnect, and reconnect low voltage heating,
  355  ventilating, and air-conditioning control wiring; and to install
  356  a condensate drain from an air-conditioning unit to an existing
  357  safe waste or other approved disposal other than a direct
  358  connection to a sanitary system. The scope of work for such
  359  contractor shall also includes include any excavation work
  360  incidental thereto, but does shall not include any work such as
  361  potable water lines or connections thereto, sanitary sewer
  362  lines, swimming pool piping and filters, or electrical power
  363  wiring.
  364         (j) “Commercial pool/spa contractor” means a contractor
  365  whose scope of work involves, but is not limited to, the
  366  construction, repair, and servicing of any swimming pool, or hot
  367  tub or spa, whether public, private, or otherwise, regardless of
  368  use. The scope of work includes the installation, repair, or
  369  replacement of existing equipment, any cleaning or equipment
  370  sanitizing that which requires at least a partial disassembling,
  371  excluding filter changes, and the installation of new pool/spa
  372  equipment, interior finishes, the installation of package pool
  373  heaters, the installation of all perimeter piping and filter
  374  piping, and the construction of equipment rooms or housing for
  375  pool/spa equipment, and also includes the scope of work of a
  376  swimming pool/spa servicing contractor. The scope of such work
  377  does not include direct connections to a sanitary sewer system
  378  or to potable water lines. The installation, construction,
  379  modification, or replacement of equipment permanently attached
  380  to and associated with the pool or spa for the purpose of water
  381  treatment or cleaning of the pool or spa requires licensure;
  382  however, the usage of such equipment for the purposes of water
  383  treatment or cleaning does shall not require licensure unless
  384  the usage involves construction, modification, or replacement of
  385  such equipment. Water treatment that does not require such
  386  equipment does not require a license. In addition, a license is
  387  shall not be required for the cleaning of the pool or spa in a
  388  any way that does not affect the structural integrity of the
  389  pool or spa or its associated equipment.
  390         (k) “Residential pool/spa contractor” means a contractor
  391  whose scope of work involves, but is not limited to, the
  392  construction, repair, and servicing of a any residential
  393  swimming pool, or hot tub or spa, regardless of use. The scope
  394  of work includes the installation, repair, or replacement of
  395  existing equipment, any cleaning or equipment sanitizing that
  396  which requires at least a partial disassembling, excluding
  397  filter changes, and the installation of new pool/spa equipment,
  398  interior finishes, the installation of package pool heaters, the
  399  installation of all perimeter piping and filter piping, and the
  400  construction of equipment rooms or housing for pool/spa
  401  equipment, and also includes the scope of work of a swimming
  402  pool/spa servicing contractor. The scope of such work does not
  403  include direct connections to a sanitary sewer system or to
  404  potable water lines. The installation, construction,
  405  modification, or replacement of equipment permanently attached
  406  to and associated with the pool or spa for the purpose of water
  407  treatment or cleaning of the pool or spa requires licensure;
  408  however, the usage of such equipment for the purposes of water
  409  treatment or cleaning does shall not require licensure unless
  410  the usage involves construction, modification, or replacement of
  411  such equipment. Water treatment that does not require such
  412  equipment does not require a license. In addition, a license is
  413  shall not be required for the cleaning of the pool or spa in a
  414  any way that does not affect the structural integrity of the
  415  pool or spa or its associated equipment.
  416         (l) “Swimming pool/spa servicing contractor” means a
  417  contractor whose scope of work involves, but is not limited to,
  418  the repair and servicing of a any swimming pool, or hot tub or
  419  spa, whether public or private, or otherwise, regardless of use.
  420  The scope of work includes the repair or replacement of existing
  421  equipment, any cleaning or equipment sanitizing that which
  422  requires at least a partial disassembling, excluding filter
  423  changes, and the installation of new pool/spa equipment,
  424  interior refinishing, the reinstallation or addition of pool
  425  heaters, the repair or replacement of all perimeter piping and
  426  filter piping, the repair of equipment rooms or housing for
  427  pool/spa equipment, and the substantial or complete draining of
  428  a swimming pool, or hot tub or spa, for the purpose of any
  429  repair or renovation. The scope of such work does not include
  430  direct connections to a sanitary sewer system or to potable
  431  water lines. The installation, construction, modification,
  432  substantial or complete disassembly, or replacement of equipment
  433  permanently attached to and associated with the pool or spa for
  434  the purpose of water treatment or cleaning of the pool or spa
  435  requires licensure; however, the usage of such equipment for the
  436  purposes of water treatment or cleaning does shall not require
  437  licensure unless the usage involves construction, modification,
  438  substantial or complete disassembly, or replacement of such
  439  equipment. Water treatment that does not require such equipment
  440  does not require a license. In addition, a license is shall not
  441  be required for the cleaning of the pool or spa in a any way
  442  that does not affect the structural integrity of the pool or spa
  443  or its associated equipment.
  444         (m) “Plumbing contractor” means a contractor whose
  445  contracting business consists of the execution of contracts
  446  requiring the experience, financial means, knowledge, and skill
  447  to install, maintain, repair, alter, extend, or, if when not
  448  prohibited by law, design plumbing. A plumbing contractor may
  449  install, maintain, repair, alter, extend, or, if when not
  450  prohibited by law, design the following without obtaining an any
  451  additional local regulatory license, certificate, or
  452  registration: sanitary drainage or storm drainage facilities;
  453  venting systems; public or private water supply systems; septic
  454  tanks; drainage and supply wells; swimming pool piping;
  455  irrigation systems; or solar heating water systems and all
  456  appurtenances, apparatus, or equipment used in connection
  457  therewith, including boilers and pressure process piping and
  458  including the installation of water, natural gas, liquefied
  459  petroleum gas and related venting, and storm and sanitary sewer
  460  lines; and water and sewer plants and substations. The scope of
  461  work of the plumbing contractor also includes the design, if
  462  when not prohibited by law, and installation, maintenance,
  463  repair, alteration, or extension of air-piping, vacuum line
  464  piping, oxygen line piping, nitrous oxide piping, and all
  465  related medical gas systems; fire line standpipes and fire
  466  sprinklers if to the extent authorized by law; ink and chemical
  467  lines; fuel oil and gasoline piping and tank and pump
  468  installation, except bulk storage plants; and pneumatic control
  469  piping systems, all in such a manner that complies as to comply
  470  with all plans, specifications, codes, laws, and regulations
  471  applicable. The scope of work of the plumbing contractor applies
  472  shall apply to private property and public property, including
  473  shall include any excavation work incidental thereto, and
  474  includes shall include the work of the specialty plumbing
  475  contractor. Such contractor shall subcontract, with a qualified
  476  contractor in the field concerned, all other work incidental to
  477  the work but which is specified herein as being the work of a
  478  trade other than that of a plumbing contractor. Nothing in This
  479  definition does not shall be construed to limit the scope of
  480  work of any specialty contractor certified pursuant to s.
  481  489.113(6), and does not. Nothing in this definition shall be
  482  construed to require certification or registration under this
  483  part of any authorized employee of a public natural gas utility
  484  or of a private natural gas utility regulated by the Public
  485  Service Commission when disconnecting and reconnecting water
  486  lines in the servicing or replacement of an existing water
  487  heater.
  488         (n) “Underground utility and excavation contractor” means a
  489  contractor whose services are limited to the construction,
  490  installation, and repair, on public or private property, whether
  491  accomplished through open excavations or through other means,
  492  including, but not limited to, directional drilling, auger
  493  boring, jacking and boring, trenchless technologies, wet and dry
  494  taps, grouting, and slip lining, of main sanitary sewer
  495  collection systems, main water distribution systems, storm sewer
  496  collection systems, and the continuation of utility lines from
  497  the main systems to a point of termination up to and including
  498  the meter location for the individual occupancy, sewer
  499  collection systems at property line on residential or single
  500  occupancy commercial properties, or on multioccupancy properties
  501  at manhole or wye lateral extended to an invert elevation as
  502  engineered to accommodate future building sewers, water
  503  distribution systems, or storm sewer collection systems at storm
  504  sewer structures. However, an underground utility and excavation
  505  contractor may install empty underground conduits in rights-of
  506  way, easements, platted rights-of-way in new site development,
  507  and sleeves for parking lot crossings no smaller than 2 inches
  508  in diameter if, provided that each conduit system installed is
  509  designed by a licensed professional engineer or an authorized
  510  employee of a municipality, county, or public utility and that
  511  the installation of any such conduit does not include
  512  installation of any conductor wiring or connection to an
  513  energized electrical system. An underground utility and
  514  excavation contractor may shall not install any piping that is
  515  an integral part of a fire protection system as defined in s.
  516  633.021 beginning at the point where the piping is used
  517  exclusively for such system.
  518         (o) “Solar contractor” means a contractor whose services
  519  consist of the installation, alteration, repair, maintenance,
  520  relocation, or replacement of solar panels for potable solar
  521  water heating systems, swimming pool solar heating systems, and
  522  photovoltaic systems and any appurtenances, apparatus, or
  523  equipment used in connection therewith, whether public, private,
  524  or otherwise, regardless of use. A contractor, certified or
  525  registered pursuant to the provisions of this chapter, is not
  526  required to become a certified or registered solar contractor or
  527  to contract with a solar contractor in order to provide any
  528  services enumerated in this paragraph that are within the scope
  529  of the services such contractors may render under this part.
  530         (p) “Pollutant storage systems contractor” means a
  531  contractor whose services are limited to, and who has the
  532  experience, knowledge, and skill to install, maintain, repair,
  533  alter, extend, or design, if when not prohibited by law, and use
  534  materials and items used in the installation, maintenance,
  535  extension, and alteration of, pollutant storage tanks. Any
  536  person installing a pollutant storage tank shall perform such
  537  installation in accordance with the standards adopted pursuant
  538  to s. 376.303.
  539         (q) “Glass and glazing contractor” means a contractor whose
  540  services are unlimited in the execution of contracts requiring
  541  the experience, knowledge, and skill to install, attach,
  542  maintain, repair, fabricate, alter, extend, or design, in
  543  residential and commercial applications without any height
  544  restrictions, all types of windows, glass, and mirrors, whether
  545  fixed or movable; swinging or sliding glass doors attached to
  546  existing walls, floors, columns, or other structural members of
  547  the building; glass holding or supporting mullions or horizontal
  548  bars; structurally anchored impact-resistant opening protection
  549  attached to existing building walls, floors, columns, or other
  550  structural members of the building; prefabricated glass, metal,
  551  or plastic curtain walls; storefront frames or panels; shower
  552  and tub enclosures; metal fascias; and caulking incidental to
  553  such work and assembly.
  554         (r)(q) “Specialty contractor” means a contractor whose
  555  scope of work and responsibility is limited to a particular
  556  phase of construction established in a category adopted by board
  557  rule and whose scope is limited to a subset of the activities
  558  described in one of the paragraphs of this subsection.
  559         Section 12. Paragraphs (b) and (c) of subsection (4) of
  560  section 489.107, Florida Statutes, are amended to read:
  561         489.107 Construction Industry Licensing Board.—
  562         (4) The board shall be divided into two divisions, Division
  563  I and Division II.
  564         (b) Division II is comprised of the roofing contractor,
  565  sheet metal contractor, air-conditioning contractor, mechanical
  566  contractor, pool contractor, plumbing contractor, and
  567  underground utility and excavation contractor members of the
  568  board; one of the members appointed pursuant to paragraph
  569  (2)(j); and one of the members appointed pursuant to paragraph
  570  (2)(k). Division II has jurisdiction over the regulation of
  571  contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
  572         (c) Jurisdiction for the regulation of specialty
  573  contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
  574  with the division having jurisdiction over the scope of work of
  575  the specialty contractor as defined by board rule.
  576         Section 13. Paragraph (g) of subsection (2) of section
  577  489.141, Florida Statutes, is amended to read:
  578         489.141 Conditions for recovery; eligibility.—
  579         (2) A claimant is not qualified to make a claim for
  580  recovery from the recovery fund, if:
  581         (g) The claimant has contracted with a licensee to perform
  582  a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
  583  (q).
  584         Section 14. Subsection (1) of section 514.028, Florida
  585  Statutes, is amended to read:
  586         514.028 Advisory review board.—
  587         (1) The Governor shall appoint an advisory review board
  588  which shall meet as necessary or at least quarterly, to
  589  recommend agency action on variance request, rule and policy
  590  development, and other technical review problems. The board
  591  shall be comprised of the following:
  592         (a) A representative from the office of licensure and
  593  certification of the department.
  594         (b) A representative from the county health departments.
  595         (c) Three representatives from the swimming pool
  596  construction industry.
  597         (d) A representative Two representatives from the public
  598  lodging industry.
  599         (e) A representative from a county or local building
  600  department.
  601         Section 15. Subsection (15) of section 553.73, Florida
  602  Statutes, is amended to read:
  603         553.73 Florida Building Code.—
  604         (15) An agency or local government may not require that
  605  existing mechanical equipment on the surface of a roof be
  606  installed in compliance with the requirements of the Florida
  607  Building Code until the equipment is required to be removed or
  608  replaced, or the roof is replaced or recovered.
  609         Section 16. Paragraph (v) of subsection (1) of section
  610  553.74, Florida Statutes, is amended to read:
  611         553.74 Florida Building Commission.—
  612         (1) The Florida Building Commission is created and shall be
  613  located within the Department of Community Affairs for
  614  administrative purposes. Members shall be appointed by the
  615  Governor subject to confirmation by the Senate. The commission
  616  shall be composed of 25 members, consisting of the following:
  617         (v) One member who is a representative of the green
  618  building industry and who is a third-party commission agent, a
  619  Florida board member of the United States Green Building Council
  620  or Green Building Initiative, a professional who is accredited
  621  under the International Green Construction Code (IGCC), or a
  622  professional who is accredited under Leadership in Energy and
  623  Environmental Design (LEED) LEED-accredited professional.
  624  
  625  Any person serving on the commission under paragraph (c) or
  626  paragraph (h) on October 1, 2003, and who has served less than
  627  two full terms is eligible for reappointment to the commission
  628  regardless of whether he or she meets the new qualification.
  629         Section 17. Subsection (5) of section 553.842, Florida
  630  Statutes, is amended to read:
  631         553.842 Product evaluation and approval.—
  632         (5) Statewide approval of products, methods, or systems of
  633  construction may be achieved by one of the following methods.
  634  One of these methods must be used by the commission to approve
  635  the following categories of products: panel walls, exterior
  636  doors, roofing, skylights, windows, shutters, and structural
  637  components as established by the commission by rule. Products
  638  advertised, sold, offered, provided, distributed, or marketed as
  639  hurricane, windstorm, or impact protection from wind-borne
  640  debris during a hurricane or windstorm must be approved in
  641  accordance with s. 553.842 or s. 553.8425.
  642         (a) Products for which the code establishes standardized
  643  testing or comparative or rational analysis methods shall be
  644  approved by submittal and validation of one of the following
  645  reports or listings indicating that the product or method or
  646  system of construction was evaluated to be in compliance with
  647  the Florida Building Code and that the product or method or
  648  system of construction is, for the purpose intended, at least
  649  equivalent to that required by the Florida Building Code:
  650         1. A certification mark or listing of an approved
  651  certification agency, which may be used only for products for
  652  which the code designates standardized testing;
  653         2. A test report from an approved testing laboratory;
  654         3. A product evaluation report based upon testing or
  655  comparative or rational analysis, or a combination thereof, from
  656  an approved product evaluation entity; or
  657         4. A product evaluation report based upon testing or
  658  comparative or rational analysis, or a combination thereof,
  659  developed and signed and sealed by a professional engineer or
  660  architect, licensed in this state.
  661  
  662  A product evaluation report or a certification mark or listing
  663  of an approved certification agency which demonstrates that the
  664  product or method or system of construction complies with the
  665  Florida Building Code for the purpose intended is shall be
  666  equivalent to a test report and test procedure as referenced in
  667  the Florida Building Code. An application for state approval of
  668  a product under subparagraph 1. must be approved by the
  669  department after the commission staff or a designee verifies
  670  that the application and related documentation are complete.
  671  This verification must be completed within 10 business days
  672  after receipt of the application. Upon approval by the
  673  department, the product shall be immediately added to the list
  674  of state-approved products maintained under subsection (13).
  675  Approvals by the department shall be reviewed and ratified by
  676  the commission’s program oversight committee except for a
  677  showing of good cause that a review by the full commission is
  678  necessary. The commission shall adopt rules providing means to
  679  cure deficiencies identified within submittals for products
  680  approved under this paragraph.
  681         (b) Products, methods, or systems of construction for which
  682  there are no specific standardized testing or comparative or
  683  rational analysis methods established in the code may be
  684  approved by submittal and validation of one of the following:
  685         1. A product evaluation report based upon testing or
  686  comparative or rational analysis, or a combination thereof, from
  687  an approved product evaluation entity indicating that the
  688  product or method or system of construction was evaluated to be
  689  in compliance with the intent of the Florida Building Code and
  690  that the product or method or system of construction is, for the
  691  purpose intended, at least equivalent to that required by the
  692  Florida Building Code; or
  693         2. A product evaluation report based upon testing or
  694  comparative or rational analysis, or a combination thereof,
  695  developed and signed and sealed by a professional engineer or
  696  architect, licensed in this state, who certifies that the
  697  product or method or system of construction is, for the purpose
  698  intended, at least equivalent to that required by the Florida
  699  Building Code.
  700         Section 18. Subsections (3), (4), and (5) of section
  701  553.909, Florida Statutes, are amended to read:
  702         553.909 Setting requirements for appliances; exceptions.—
  703         (3) Commercial or residential swimming pool pumps or water
  704  heaters manufactured on or after July 1, 2011, for installation
  705  in this state must shall comply with the requirements of the
  706  Florida Energy Efficiency Code for Building Construction this
  707  subsection.
  708         (a) Natural gas pool heaters shall not be equipped with
  709  constantly burning pilots.
  710         (b) Heat pump pool heaters shall have a coefficient of
  711  performance at low temperature of not less than 4.0.
  712         (c) The thermal efficiency of gas-fired pool heaters and
  713  oil-fired pool heaters shall not be less than 78 percent.
  714         (d) All pool heaters shall have a readily accessible on-off
  715  switch that is mounted outside the heater and that allows
  716  shutting off the heater without adjusting the thermostat
  717  setting.
  718         (4)(a) Residential swimming pool filtration pumps and pump
  719  motors manufactured and sold on or after July 1, 2011, for
  720  installation in this state must comply with the requirements of
  721  the Florida Energy Efficiency Code for Building Construction in
  722  this subsection.
  723         (b) Residential filtration pool pump motors shall not be
  724  split-phase, shaded-pole, or capacitor start-induction run
  725  types.
  726         (c) Residential filtration pool pumps and pool pump motors
  727  with a total horsepower of 1 HP or more shall have the
  728  capability of operating at two or more speeds with a low speed
  729  having a rotation rate that is no more than one-half of the
  730  motor’s maximum rotation rate.
  731         (d) Residential filtration pool pump motor controls shall
  732  have the capability of operating the pool pump at a minimum of
  733  two speeds. The default circulation speed shall be the
  734  residential filtration speed, with a higher speed override
  735  capability being for a temporary period not to exceed one normal
  736  cycle or 24 hours, whichever is less; except that circulation
  737  speed for solar pool heating systems shall be permitted to run
  738  at higher speeds during periods of usable solar heat gain.
  739         (5) Portable electric spas manufactured and sold on or
  740  after July 1, 2011, for installation in this state must comply
  741  with the requirements of the Florida Energy Efficiency Code for
  742  Building Construction spa standby power shall not be greater
  743  than 5(V2/3) watts where V = the total volume, in gallons, when
  744  spas are measured in accordance with the spa industry test
  745  protocol.
  746         Section 19. Paragraph (a) of subsection (2) of section
  747  627.711, Florida Statutes, is amended to read:
  748         627.711 Notice of premium discounts for hurricane loss
  749  mitigation; uniform mitigation verification inspection form.—
  750         (2)(a) The Financial Services Commission shall develop by
  751  rule a uniform mitigation verification inspection form that
  752  shall be used by all insurers when submitted by policyholders
  753  for the purpose of factoring discounts for wind insurance. In
  754  developing the form, the commission shall seek input from
  755  insurance, construction, and building code representatives.
  756  Further, the commission shall provide guidance as to the length
  757  of time the inspection results are valid. An insurer shall
  758  accept as valid a uniform mitigation verification form signed by
  759  the following authorized mitigation inspectors:
  760         1. A home inspector licensed under s. 468.8314 who has
  761  completed at least 3 hours of hurricane mitigation training
  762  which includes hurricane mitigation techniques and compliance
  763  with the uniform mitigation verification form and completion of
  764  a proficiency exam. Thereafter, home inspectors licensed under
  765  s. 468.8314 must complete at least 2 hours of continuing
  766  education, as part of the existing licensure renewal
  767  requirements each year, related to mitigation inspection and the
  768  uniform mitigation form;
  769         2. A building code inspector certified under s. 468.607;
  770         3. A general, building, or residential contractor licensed
  771  under s. 489.111;
  772         4. A professional engineer licensed under s. 471.015;
  773         5. A professional architect licensed under s. 481.213; or
  774         6. Any other individual or entity recognized by the insurer
  775  as possessing the necessary qualifications to properly complete
  776  a uniform mitigation verification form.
  777         Section 20. Section 633.027, Florida Statutes, is amended
  778  to read:
  779         633.027 Buildings with light-frame truss-type construction;
  780  notice requirements; enforcement.—
  781         (1) As used in this section, the term “light-frame truss
  782  type construction” means a type of construction where the
  783  primary structural elements are formed by a system of repetitive
  784  wood or steel framing members, and includes:
  785         (a) Open-web steel joist construction having a web member
  786  that measures less than 2 1/2 inches in width; and
  787         (b) Conventional light-frame wood and engineered lumber
  788  having a web member that measures less than 2 inches by 8
  789  inches, if used in roof or floor structural elements.
  790         (2)(1) The owner of a any commercial or industrial
  791  structure, or any multiunit residential structure of three units
  792  or more, that uses light-frame truss-type construction shall
  793  identify mark the structure with a sign or symbol approved by
  794  the State Fire Marshal in a manner sufficient to warn persons
  795  conducting fire control and other emergency operations of the
  796  existence of light-frame truss-type construction in the
  797  structure. The signs or symbols may be installed at the
  798  principal entrances of locations where similarly designed
  799  structures exist, in clear view of arriving emergency apparatus.
  800         (3)(2) The State Fire Marshal shall adopt rules necessary
  801  to implement the provisions of this section, including, but not
  802  limited to:
  803         (a) The dimensions and color of such sign or symbol.
  804         (b) The time within which commercial, industrial, and
  805  multiunit residential structures that use light-frame truss-type
  806  construction must shall be identified marked as required by this
  807  section.
  808         (c) The location at on each commercial, industrial, and
  809  multiunit residential structure that uses light-frame truss-type
  810  construction where such sign or symbol must be posted.
  811         (4)(3) The State Fire Marshal, and local fire officials in
  812  accordance with s. 633.121, shall enforce the provisions of this
  813  section. Any owner who fails to comply with the requirements of
  814  this section is subject to penalties as provided in s. 633.161.
  815         Section 21. Section 682.04, Florida Statutes, is amended to
  816  read:
  817         682.04 Appointment of arbitrators by court.—If an agreement
  818  or provision for arbitration subject to this chapter law
  819  provides a method for the appointment of arbitrators or an
  820  umpire, such this method must shall be followed. In the absence
  821  thereof, or if the agreed method fails or for any reason cannot
  822  be followed, or if an arbitrator or umpire who has been
  823  appointed fails to act and his or her successor has not been
  824  duly appointed, the court, on application of a party to such
  825  agreement or provision shall appoint one or more arbitrators or
  826  an umpire. An arbitrator or umpire so appointed shall have like
  827  powers as if named or provided for in the agreement or
  828  provision. If an agreement or provision for arbitration requires
  829  a party to follow an association or industry established
  830  arbitration program where approved arbitrators are chosen from
  831  within the program, either party may select one independent
  832  arbitrator who has been deemed an arbitrator by the court.
  833         Section 22. Section 682.11, Florida Statutes, is amended to
  834  read:
  835         682.11 Fees and expenses of arbitration.—Unless otherwise
  836  provided in the agreement or provision for arbitration, the
  837  arbitrators’ and umpire’s expenses and fees, together with other
  838  expenses, not including counsel fees, incurred in the conduct of
  839  the arbitration, shall be paid as provided in the award. If a
  840  party selects an independent arbitrator pursuant to s. 682.04,
  841  the independent arbitrators’ expenses and fees shall be paid by
  842  that party. If the party prevails, the independent arbitrators’
  843  expenses and fees may be included in the award.
  844         Section 23. This act shall take effect July 1, 2011.
  845  
  846  ================= T I T L E  A M E N D M E N T ================
  847         And the title is amended as follows:
  848         Delete everything before the enacting clause
  849  and insert:
  850                        A bill to be entitled                      
  851         An act relating to building construction and
  852         inspection; amending s. 120.80, F.S.; exempting
  853         certain rule proceedings relating to the Florida
  854         Building Code from certain provisions of ch. 120,
  855         F.S.; amending s. 255.252, F.S.; conforming provisions
  856         to changes made by the act; amending s. 255.253, F.S.;
  857         redefining the term “sustainable building rating” to
  858         include the International Green Construction Code;
  859         amending ss. 255.257 and 255.2575, F.S.; requiring
  860         that state agencies, local governments, and the court
  861         system adopt a sustainable building rating system for
  862         new and renovated buildings; amending s. 468.8316,
  863         F.S.; revising the continuing education requirements
  864         for licensed home inspectors; amending s. 468.8319,
  865         F.S.; deleting an exemption for certain contractors
  866         from the prohibition against performing repairs on a
  867         home that has a home inspection report; deleting an
  868         obsolete provision; amending s. 468.8323, F.S.;
  869         clarifying a provision relating to the contents of a
  870         home inspection report; amending s. 468.8324, F.S.;
  871         providing alternative criteria for obtaining a home
  872         inspector’s license; amending s. 489.103, F.S.;
  873         clarifying an exemption from construction contracting
  874         regulation relating to Habitat for Humanity; amending
  875         s. 489.105, F.S.; adding the term “glass and glazing
  876         contractors” to the definition of the term
  877         “contractor”; amending ss. 489.107 and 489.141, F.S.;
  878         conforming cross-references; amending s. 514.028,
  879         F.S.; revising the composition of the advisory review
  880         board relating to public swimming pools and bathing
  881         facilities; amending s. 553.73, F.S.; revising
  882         requirements relating to the installation of
  883         mechanical equipment on a roof; amending s. 553.74,
  884         F.S.; revising requirements for selecting a member of
  885         the Florida Building Commission; amending s. 553.842,
  886         F.S.; providing for the approval of certain windstorm
  887         products; amending s. 553.909, F.S.; revising the
  888         requirements for certain pool-related equipment;
  889         amending s. 627.711, F.S.; revising requirements
  890         relating to home inspectors conducting hurricane
  891         mitigation inspections; amending s. 633.027, F.S.;
  892         defining the term “light-frame truss-type
  893         construction”; revising requirements relating to the
  894         requirements for such construction; amending s.
  895         682.04, F.S.; providing for the selection of an
  896         arbitrator under certain circumstances; amending s.
  897         682.11, F.S.; providing for the payment of an
  898         arbitrator selected by a party; providing an effective
  899         date.