HB 849

1	A bill to be entitled
2	An act relating to building construction and inspection;
3	amending s. 255.252, F.S.; conforming provisions to
4	changes made by the act; amending s. 255.253, F.S.;
5	redefining the term "sustainable building rating" to
6	include the International Green Construction Code;
7	amending ss. 255.257 and 255.2575, F.S.; conforming
8	provisions to changes made by the act; amending s.
9	468.8314, F.S.; expanding the categories of persons who
10	may be certified as qualified for a license by endorsement
11	as a home inspector; amending s. 468.8316, F.S.; revising
12	the continuing education requirements for licensed home
13	inspectors; requiring that the Department of Business and
14	Professional Regulation establish criteria for the
15	approval of continuing education providers and courses;
16	amending s. 468.8319, F.S.; revising the conditions under
17	which referrals by a broker or agent to a home inspector
18	or inspection company are prohibited, to which penalties
19	apply; amending s. 468.8323, F.S.; revising requirements
20	for the content of written home inspection reports;
21	amending s. 468.8324, F.S.; providing alternative
22	licensing criteria for home inspectors for a specified
23	period; amending s. 553.74, F.S.; revising requirements
24	for selecting a member of the Florida Building Commission;
25	amending s. 627.711, F.S.; revising criteria for the
26	mitigation inspectors whose signature an insurer must
27	accept on the uniform mitigation verification inspection
28	form; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsections (3) and (4) of section 255.252,
33	Florida Statutes, are amended to read:
34	255.252  Findings and intent.-
35	(3)  In order for that such energy-efficiency and
36	sustainable materials considerations to become a function of
37	building design and a model for future application in the
38	private sector, it is shall be the policy of the state that
39	buildings constructed and financed by the state be designed and
40	constructed to comply with a sustainable building rating the
41	United States Green Building Council (USGBC) Leadership in
42	Energy and Environmental Design (LEED) rating system, the Green
43	Building Initiative's Green Globes rating system, the Florida
44	Green Building Coalition standards, or a nationally recognized,
45	high-performance green building rating system as approved by the
46	department. It is further the policy of the state, if when
47	economically feasible, to retrofit existing state-owned
48	buildings in a manner that minimizes which will minimize the
49	consumption of energy used in the operation and maintenance of
50	such buildings.
51	(4)  In addition to designing and constructing new
52	buildings to be energy-efficient, it is shall be the policy of
53	the state to operate and maintain state facilities in a manner
54	that minimizes which will minimize energy consumption and
55	maximizes maximize building sustainability, and to operate as
56	well as ensure that facilities leased by the state are operated
57	so as to minimize energy use. It is further the policy of the
58	state that the renovation of existing state facilities be in
59	accordance with a sustainable building rating the United States
60	Green Building Council (USGBC) Leadership in Energy and
61	Environmental Design (LEED) rating system, the Green Building
62	Initiative's Green Globes rating system, the Florida Green
63	Building Coalition standards, or a nationally recognized, high-
64	performance green building rating system as approved by the
65	department. State agencies are encouraged to consider shared
66	savings financing of such energy-efficiency and conservation
67	projects, using contracts that which split the resulting savings
68	for a specified period of time between the state agency and the
69	private firm or cogeneration contracts and that which otherwise
70	permit the state to lower its net energy costs. Such energy
71	contracts may be funded from the operating budget.
72	Section 2.  Subsection (7) of section 255.253, Florida
73	Statutes, is amended to read:
74	255.253  Definitions; ss. 255.251-255.258.-
75	(7)  "Sustainable building rating" means a rating
76	established by the United States Green Building Council (USGBC)
77	Leadership in Energy and Environmental Design (LEED) rating
78	system, the International Green Construction Code (IGCC), the
79	Green Building Initiative's Green Globes rating system, the
80	Florida Green Building Coalition standards, or a nationally
81	recognized, high-performance green building rating system as
82	approved by the department.
83	Section 3.  Subsection (4) of section 255.257, Florida
84	Statutes, is amended to read:
85	255.257  Energy management; buildings occupied by state
86	agencies.-
87	(4)  ADOPTION OF STANDARDS.-
88	(a)  All state agencies shall adopt a sustainable building
89	rating system the United States Green Building Council (USGBC)
90	Leadership in Energy and Environmental Design (LEED) rating
91	system, the Green Building Initiative's Green Globes rating
92	system, the Florida Green Building Coalition standards, or a
93	nationally recognized, high-performance green building rating
94	system as approved by the department for all new buildings and
95	renovations to existing buildings.
96	(b)  No state agency shall enter into new leasing
97	agreements for office space that does not meet Energy Star
98	building standards, except when determined by the appropriate
99	state agency head determines that no other viable or cost-
100	effective alternative exists.
101	(c)  All state agencies shall develop energy conservation
102	measures and guidelines for new and existing office space where
103	state agencies occupy more than 5,000 square feet. These
104	conservation measures shall focus on programs that may reduce
105	energy consumption and, when established, provide a net
106	reduction in occupancy costs.
107	Section 4.  Subsection (2) of section 255.2575, Florida
108	Statutes, is amended to read:
109	255.2575  Energy-efficient and sustainable buildings.-
110	(2)  All county, municipal, school district, water
111	management district, state university, community college, and
112	Florida state court buildings shall be constructed to comply
113	with a sustainable building rating system meet the United States
114	Green Building Council (USGBC) Leadership in Energy and
115	Environmental Design (LEED) rating system, the Green Building
116	Initiative's Green Globes rating system, the Florida Green
117	Building Coalition standards, or a nationally recognized, high-
118	performance green building rating system as approved by the
119	Department of Management Services. This section applies shall
120	apply to all county, municipal, school district, water
121	management district, state university, community college, and
122	Florida state court buildings the architectural plans of which
123	are commenced after July 1, 2008.
124	Section 5.  Subsection (3) of section 468.8314, Florida
125	Statutes, is amended to read:
126	468.8314  Licensure.-
127	(3)  The department shall certify as qualified for a
128	license by endorsement an applicant who is of good moral
129	character as determined in s. 468.8313 and who:;
130	(a)  Holds a valid license to practice home inspection
131	services in another state or territory of the United States,
132	whose educational requirements are substantially equivalent to
133	those required by this part; and has passed a national,
134	regional, state, or territorial licensing examination that is
135	substantially equivalent to the examination required by this
136	part;
137	(b)  Possesses a one and two family dwelling inspector
138	certification issued by the International Code Council or the
139	Southern Building Code Congress International;
140	(c)  Has been certified as a one and two family dwelling
141	inspector by the Florida Building Code Administrators and
142	Inspectors Board under part XII of this chapter; or
143	(d)  Possesses a Division I contractor license under part I
144	of chapter 489.
145	Section 6.  Subsection (1) of section 468.8316, Florida
146	Statutes, is amended to read:
147	468.8316  Continuing education.-
148	(1)  The department may not renew a license until the
149	licensee submits proof satisfactory to the department that,
150	during the 2 years before prior to his or her application for
151	renewal, the licensee has completed at least 14 hours of
152	continuing education. Of the 14 hours, at least 2 hours of
153	continuing education must be in hurricane mitigation training
154	that includes hurricane mitigation techniques and compliance
155	with the uniform mitigation verification inspection form
156	developed under s. 627.711(2). The department shall adopt rules
157	establishing criteria for the approval of continuing education
158	providers and courses course content shall be approved by the
159	department by rule.
160	Section 7.  Paragraph (h) of subsection (1) of section
161	468.8319, Florida Statutes, is amended to read:
162	468.8319  Prohibitions; penalties.-
163	(1)  A person may not:
164	(h)  Offer or deliver any compensation, inducement, or
165	reward to any broker or agent therefor for the referral of the
166	buyer owner of the inspected property to the inspector or the
167	inspection company.
168	Section 8.  Paragraphs (a) and (b) of subsection (1) of
169	section 468.8323, Florida Statutes, are amended to read:
170	468.8323  Home inspection report.-Upon completion of each
171	home inspection for compensation, the home inspector shall
172	provide a written report prepared for the client.
173	(1)  The home inspector shall report:
174	(a)  On those systems and components inspected that, in the
175	professional opinion of the inspector, are significantly
176	deficient or are near the end of their service lives.
177	(b)  If not self-evident, a reason why the system or
178	component reported under paragraph (a) is significantly
179	deficient or near the end of its service life.
180	Section 9.  Subsections (1) and (2) of section 468.8324,
181	Florida Statutes, are amended, and a new subsection (2) is added
182	to that section, to read:
183	468.8324  Grandfather clause.-
184	(1)  A person who performs home inspection services as
185	defined in this part may qualify for licensure by the department
186	as a home inspector if the person submits an application to the
187	department postmarked on or before March 1, 2011, which shows
188	that the applicant:
189	(a)  Is certified as a home inspector by a state or
190	national association that requires, for such certification,
191	successful completion of a proctored examination on home
192	inspection services and completes at least 14 hours of
193	verifiable education on such services; or
194	(b)  Has at least 3 years of experience as a home inspector
195	at the time of application and has completed 14 hours of
196	verifiable education on home inspection services. To establish
197	the 3 years of experience, an applicant must submit at least 120
198	home inspection reports prepared by the applicant.
199	(2)  The department may investigate the validity of a home
200	inspection report submitted under this paragraph (1)(b) and, if
201	the applicant submits a false report, may take disciplinary
202	action against the applicant under s. 468.832(1)(e) or (g).
203	(2)  A person who performs home inspection services may
204	qualify for licensure by the department as a home inspector if
205	the person submits an application to the department postmarked
206	on or before December 31, 2011, which shows that the applicant
207	is qualified for a license by endorsement under s.
208	468.8314(3)(b), (c), or (d).
209	Section 10.  Paragraph (v) of subsection (1) of section
210	553.74, Florida Statutes, is amended to read:
211	553.74  Florida Building Commission.-
212	(1)  The Florida Building Commission is created and shall
213	be located within the Department of Community Affairs for
214	administrative purposes. Members shall be appointed by the
215	Governor subject to confirmation by the Senate. The commission
216	shall be composed of 25 members, consisting of the following:
217	(v)  One member who is a representative of the green
218	building industry and who is a third-party commission agent, a
219	Florida board member of the United States Green Building Council
220	or Green Building Initiative, a professional who is accredited
221	under the International Green Construction Code (IGCC), or a
222	professional who is accredited under Leadership in Energy and
223	Environmental Design (LEED) LEED-accredited professional.
224
225	Any person serving on the commission under paragraph (c) or
226	paragraph (h) on October 1, 2003, and who has served less than
227	two full terms is eligible for reappointment to the commission
228	regardless of whether he or she meets the new qualification.
229	Section 11.  Paragraph (a) of subsection (2) of section
230	627.711, Florida Statutes, is amended to read:
231	627.711  Notice of premium discounts for hurricane loss
232	mitigation; uniform mitigation verification inspection form.-
233	(2)(a)  The Financial Services Commission shall develop by
234	rule a uniform mitigation verification inspection form that
235	shall be used by all insurers when submitted by policyholders
236	for the purpose of factoring discounts for wind insurance. In
237	developing the form, the commission shall seek input from
238	insurance, construction, and building code representatives.
239	Further, the commission shall provide guidance as to the length
240	of time the inspection results are valid. An insurer shall
241	accept as valid a uniform mitigation verification form signed by
242	the following authorized mitigation inspectors:
243	1.  A home inspector licensed under s. 468.8314 who has
244	completed at least 3 hours of hurricane mitigation training
245	which includes hurricane mitigation techniques and compliance
246	with the uniform mitigation verification form and completion of
247	a proficiency exam. Thereafter, home inspectors licensed under
248	s. 468.8314 must complete at least 2 hours of continuing
249	education, as part of the existing licensure renewal
250	requirements each year, related to mitigation inspection and the
251	uniform mitigation form;
252	2.  A building code inspector certified under s. 468.607;
253	3.  A general, building, or residential contractor licensed
254	under s. 489.111;
255	4.  A professional engineer licensed under s. 471.015;
256	5.  A professional architect licensed under s. 481.213; or
257	6.  Any other individual or entity recognized by the
258	insurer as possessing the necessary qualifications to properly
259	complete a uniform mitigation verification form.
260	Section 12.  This act shall take effect July 1, 2011.

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