HB 651

1	A bill to be entitled
2	An act relating to building construction and
3	inspection; amending s. 162.12, F.S.; revising the
4	authorized methods of sending notices to violators of
5	local codes; amending s. 468.604, F.S.; authorizing a
6	building code administrator or building official to
7	approve the electronic filing of building plans and
8	related documents; amending s. 489.105, F.S.; revising
9	the definition of the term "demolish" for purposes of
10	describing the scope of work of a contractor to
11	include all buildings or residences, rather than
12	buildings or residences of certain heights; amending
13	s. 553.721, F.S.; allocating a portion of the funds
14	derived from a surcharge on permit fees to the Florida
15	Building Code Compliance and Mitigation Program;
16	making technical and grammatical changes; amending s.
17	553.73, F.S.; exempting certain buildings or
18	structures used for hunting from the Florida Building
19	Code; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (1) of section 162.12, Florida
24	Statutes, is amended to read:
25	162.12  Notices.-
26	(1)  All notices required by this part must shall be
27	provided to the alleged violator by:
28	(a)  Certified mail, return receipt requested, to provided
29	if such notice is sent under this paragraph to the owner of the
30	property in question at the address listed in the tax
31	collector's office for tax notices, or to and at any other
32	address provided by the property owner in writing to the local
33	government for the purpose of receiving notices. For property
34	owned by a corporation, notices may be provided by certified
35	mail, return receipt requested, to the registered agent of the
36	corporation. If any notice sent by certified mail is not signed
37	as received within 30 days after the date of mailing by such
38	owner and is returned as unclaimed or refused, notice may be
39	provided by posting as described in subparagraphs (2)(b)1. and
40	2. and by first class mail directed to the addresses furnished
41	to the local government with a properly executed proof of
42	mailing or affidavit confirming the first class mailing;
43	(b)  Hand delivery by the sheriff or other law enforcement
44	officer, code inspector, or other person designated by the local
45	governing body;
46	(c)  Leaving the notice at the violator's usual place of
47	residence with any person residing therein who is above 15 years
48	of age and informing such person of the contents of the notice;
49	or
50	(d)  In the case of commercial premises, leaving the notice
51	with the manager or other person in charge.
52
53	Evidence that an attempt has been made to hand deliver or mail
54	notice as provided in subsection (1), together with proof of
55	publication or posting as provided in subsection (2), shall be
56	sufficient to show that the notice requirements of this part
57	have been met, without regard to whether or not the alleged
58	violator actually received such notice.
59	Section 2.  Section 468.604, Florida Statutes, is amended
60	to read:
61	468.604  Responsibilities of building code administrators,
62	plans examiners, and inspectors.-
63	(1)  It is the responsibility of the building code
64	administrator or building official to administrate, supervise,
65	direct, enforce, or perform the permitting and inspection of
66	construction, alteration, repair, remodeling, or demolition of
67	structures and the installation of building systems within the
68	boundaries of their governmental jurisdiction, when permitting
69	is required, to ensure compliance with the Florida Building Code
70	and any applicable local technical amendment to the Florida
71	Building Code. The building code administrator or building
72	official shall faithfully perform these responsibilities without
73	interference from any person. These responsibilities include:
74	(a)  The review of construction plans to ensure compliance
75	with all applicable sections of the code. The construction plans
76	must be reviewed before the issuance of any building, system
77	installation, or other construction permit. The review of
78	construction plans must be done by the building code
79	administrator or building official or by a person having the
80	appropriate plans examiner license issued under this chapter.
81	(b)  The inspection of each phase of construction where a
82	building or other construction permit has been issued. The
83	building code administrator or building official, or a person
84	having the appropriate building code inspector license issued
85	under this chapter, shall inspect the construction or
86	installation to ensure that the work is performed in accordance
87	with applicable sections of the code.
88	(2)  It is the responsibility of the building code
89	inspector to conduct inspections of construction, alteration,
90	repair, remodeling, or demolition of structures and the
91	installation of building systems, when permitting is required,
92	to ensure compliance with the Florida Building Code and any
93	applicable local technical amendment to the Florida Building
94	Code. Each building code inspector must be licensed in the
95	appropriate category as defined in s. 468.603. The building code
96	inspector's responsibilities must be performed under the
97	direction of the building code administrator or building
98	official without interference from any unlicensed person.
99	(3)  It is the responsibility of the plans examiner to
100	conduct review of construction plans submitted in the permit
101	application to assure compliance with the Florida Building Code
102	and any applicable local technical amendment to the Florida
103	Building Code. The review of construction plans must be done by
104	the building code administrator or building official or by a
105	person licensed in the appropriate plans examiner category as
106	defined in s. 468.603. The plans examiner's responsibilities
107	must be performed under the supervision and authority of the
108	building code administrator or building official without
109	interference from any unlicensed person.
110	(4)  The Legislature finds that the electronic filing of
111	construction plans will increase government efficiency, reduce
112	costs, and increase the timeliness of processing permits. Upon
113	approval by the building code administrator or building
114	official, construction plans, drawings, specifications, reports,
115	final documents, or documents prepared or issued by a licensee
116	for review by the building code administrator, building
117	official, or plans examiner may be transmitted electronically
118	and may be signed by the licensee and dated and sealed
119	electronically pursuant to ss. 668.001-668.006.
120	Section 3.  Subsection (3) of section 489.105, Florida
121	Statutes, is amended to read:
122	489.105  Definitions.-As used in this part:
123	(3)  "Contractor" means the person who is qualified for,
124	and is only responsible for, the project contracted for and
125	means, except as exempted in this part, the person who, for
126	compensation, undertakes to, submits a bid to, or does himself
127	or herself or by others construct, repair, alter, remodel, add
128	to, demolish, subtract from, or improve any building or
129	structure, including related improvements to real estate, for
130	others or for resale to others; and whose job scope is
131	substantially similar to the job scope described in one of the
132	subsequent paragraphs of this subsection. For the purposes of
133	regulation under this part, the term "demolish" applies only to
134	demolition of steel tanks more than over 50 feet in height;
135	towers more than over 50 feet in height; other structures more
136	than over 50 feet in height; and all, other than buildings or
137	residences over three stories tall; and buildings or residences
138	over three stories tall. Contractors are subdivided into two
139	divisions, Division I, consisting of those contractors defined
140	in paragraphs (a)-(c), and Division II, consisting of those
141	contractors defined in paragraphs (d)-(r):
142	(a)  "General contractor" means a contractor whose services
143	are unlimited as to the type of work which he or she may do, who
144	may contract for any activity requiring licensure under this
145	part, and who may perform any work requiring licensure under
146	this part, except as otherwise expressly provided in s. 489.113.
147	(b)  "Building contractor" means a contractor whose
148	services are limited to construction of commercial buildings and
149	single-dwelling or multiple-dwelling residential buildings,
150	which do not exceed three stories in height, and accessory use
151	structures in connection therewith or a contractor whose
152	services are limited to remodeling, repair, or improvement of
153	any size building if the services do not affect the structural
154	members of the building.
155	(c)  "Residential contractor" means a contractor whose
156	services are limited to construction, remodeling, repair, or
157	improvement of one-family, two-family, or three-family
158	residences not exceeding two habitable stories above no more
159	than one uninhabitable story and accessory use structures in
160	connection therewith.
161	(d)  "Sheet metal contractor" means a contractor whose
162	services are unlimited in the sheet metal trade and who has the
163	experience, knowledge, and skill necessary for the manufacture,
164	fabrication, assembling, handling, erection, installation,
165	dismantling, conditioning, adjustment, insulation, alteration,
166	repair, servicing, or design, if not prohibited by law, of
167	ferrous or nonferrous metal work of U.S. No. 10 gauge or its
168	equivalent or lighter gauge and of other materials, including,
169	but not limited to, fiberglass, used in lieu thereof and of air-
170	handling systems, including the setting of air-handling
171	equipment and reinforcement of same, the balancing of air-
172	handling systems, and any duct cleaning and equipment sanitizing
173	that requires at least a partial disassembling of the system.
174	(e)  "Roofing contractor" means a contractor whose services
175	are unlimited in the roofing trade and who has the experience,
176	knowledge, and skill to install, maintain, repair, alter,
177	extend, or design, if not prohibited by law, and use materials
178	and items used in the installation, maintenance, extension, and
179	alteration of all kinds of roofing, waterproofing, and coating,
180	except when coating is not represented to protect, repair,
181	waterproof, stop leaks, or extend the life of the roof. The
182	scope of work of a roofing contractor also includes required
183	roof-deck attachments and any repair or replacement of wood roof
184	sheathing or fascia as needed during roof repair or replacement.
185	(f)  "Class A air-conditioning contractor" means a
186	contractor whose services are unlimited in the execution of
187	contracts requiring the experience, knowledge, and skill to
188	install, maintain, repair, fabricate, alter, extend, or design,
189	if not prohibited by law, central air-conditioning,
190	refrigeration, heating, and ventilating systems, including duct
191	work in connection with a complete system if such duct work is
192	performed by the contractor as necessary to complete an air-
193	distribution system, boiler and unfired pressure vessel systems,
194	and all appurtenances, apparatus, or equipment used in
195	connection therewith, and any duct cleaning and equipment
196	sanitizing that requires at least a partial disassembling of the
197	system; to install, maintain, repair, fabricate, alter, extend,
198	or design, if not prohibited by law, piping, insulation of
199	pipes, vessels and ducts, pressure and process piping, and
200	pneumatic control piping; to replace, disconnect, or reconnect
201	power wiring on the load side of the dedicated existing
202	electrical disconnect switch; to install, disconnect, and
203	reconnect low voltage heating, ventilating, and air-conditioning
204	control wiring; and to install a condensate drain from an air-
205	conditioning unit to an existing safe waste or other approved
206	disposal other than a direct connection to a sanitary system.
207	The scope of work for such contractor also includes any
208	excavation work incidental thereto, but does not include any
209	work such as liquefied petroleum or natural gas fuel lines
210	within buildings, except for disconnecting or reconnecting
211	changeouts of liquefied petroleum or natural gas appliances
212	within buildings; potable water lines or connections thereto;
213	sanitary sewer lines; swimming pool piping and filters; or
214	electrical power wiring.
215	(g)  "Class B air-conditioning contractor" means a
216	contractor whose services are limited to 25 tons of cooling and
217	500,000 Btu of heating in any one system in the execution of
218	contracts requiring the experience, knowledge, and skill to
219	install, maintain, repair, fabricate, alter, extend, or design,
220	if not prohibited by law, central air-conditioning,
221	refrigeration, heating, and ventilating systems, including duct
222	work in connection with a complete system only to the extent
223	such duct work is performed by the contractor as necessary to
224	complete an air-distribution system being installed under this
225	classification, and any duct cleaning and equipment sanitizing
226	that requires at least a partial disassembling of the system; to
227	install, maintain, repair, fabricate, alter, extend, or design,
228	if not prohibited by law, piping and insulation of pipes,
229	vessels, and ducts; to replace, disconnect, or reconnect power
230	wiring on the load side of the dedicated existing electrical
231	disconnect switch; to install, disconnect, and reconnect low
232	voltage heating, ventilating, and air-conditioning control
233	wiring; and to install a condensate drain from an air-
234	conditioning unit to an existing safe waste or other approved
235	disposal other than a direct connection to a sanitary system.
236	The scope of work for such contractor also includes any
237	excavation work incidental thereto, but does not include any
238	work such as liquefied petroleum or natural gas fuel lines
239	within buildings, except for disconnecting or reconnecting
240	changeouts of liquefied petroleum or natural gas appliances
241	within buildings; potable water lines or connections thereto;
242	sanitary sewer lines; swimming pool piping and filters; or
243	electrical power wiring.
244	(h)  "Class C air-conditioning contractor" means a
245	contractor whose business is limited to the servicing of air-
246	conditioning, heating, or refrigeration systems, including any
247	duct cleaning and equipment sanitizing that requires at least a
248	partial disassembling of the system, and whose certification or
249	registration, issued pursuant to this part, was valid on October
250	1, 1988. Only a person who was registered or certified as a
251	Class C air-conditioning contractor as of October 1, 1988, shall
252	be so registered or certified after October 1, 1988. However,
253	the board shall continue to license and regulate those Class C
254	air-conditioning contractors who held Class C licenses before
255	October 1, 1988.
256	(i)  "Mechanical contractor" means a contractor whose
257	services are unlimited in the execution of contracts requiring
258	the experience, knowledge, and skill to install, maintain,
259	repair, fabricate, alter, extend, or design, if not prohibited
260	by law, central air-conditioning, refrigeration, heating, and
261	ventilating systems, including duct work in connection with a
262	complete system if such duct work is performed by the contractor
263	as necessary to complete an air-distribution system, boiler and
264	unfired pressure vessel systems, lift station equipment and
265	piping, and all appurtenances, apparatus, or equipment used in
266	connection therewith, and any duct cleaning and equipment
267	sanitizing that requires at least a partial disassembling of the
268	system; to install, maintain, repair, fabricate, alter, extend,
269	or design, if not prohibited by law, piping, insulation of
270	pipes, vessels and ducts, pressure and process piping, pneumatic
271	control piping, gasoline tanks and pump installations and piping
272	for same, standpipes, air piping, vacuum line piping, oxygen
273	lines, nitrous oxide piping, ink and chemical lines, fuel
274	transmission lines, liquefied petroleum gas lines within
275	buildings, and natural gas fuel lines within buildings; to
276	replace, disconnect, or reconnect power wiring on the load side
277	of the dedicated existing electrical disconnect switch; to
278	install, disconnect, and reconnect low voltage heating,
279	ventilating, and air-conditioning control wiring; and to install
280	a condensate drain from an air-conditioning unit to an existing
281	safe waste or other approved disposal other than a direct
282	connection to a sanitary system. The scope of work for such
283	contractor also includes any excavation work incidental thereto,
284	but does not include any work such as potable water lines or
285	connections thereto, sanitary sewer lines, swimming pool piping
286	and filters, or electrical power wiring.
287	(j)  "Commercial pool/spa contractor" means a contractor
288	whose scope of work involves, but is not limited to, the
289	construction, repair, and servicing of any swimming pool, or hot
290	tub or spa, whether public, private, or otherwise, regardless of
291	use. The scope of work includes the installation, repair, or
292	replacement of existing equipment, any cleaning or equipment
293	sanitizing that requires at least a partial disassembling,
294	excluding filter changes, and the installation of new pool/spa
295	equipment, interior finishes, the installation of package pool
296	heaters, the installation of all perimeter piping and filter
297	piping, and the construction of equipment rooms or housing for
298	pool/spa equipment, and also includes the scope of work of a
299	swimming pool/spa servicing contractor. The scope of such work
300	does not include direct connections to a sanitary sewer system
301	or to potable water lines. The installation, construction,
302	modification, or replacement of equipment permanently attached
303	to and associated with the pool or spa for the purpose of water
304	treatment or cleaning of the pool or spa requires licensure;
305	however, the usage of such equipment for the purposes of water
306	treatment or cleaning does not require licensure unless the
307	usage involves construction, modification, or replacement of
308	such equipment. Water treatment that does not require such
309	equipment does not require a license. In addition, a license is
310	not required for the cleaning of the pool or spa in a way that
311	does not affect the structural integrity of the pool or spa or
312	its associated equipment.
313	(k)  "Residential pool/spa contractor" means a contractor
314	whose scope of work involves, but is not limited to, the
315	construction, repair, and servicing of a residential swimming
316	pool, or hot tub or spa, regardless of use. The scope of work
317	includes the installation, repair, or replacement of existing
318	equipment, any cleaning or equipment sanitizing that requires at
319	least a partial disassembling, excluding filter changes, and the
320	installation of new pool/spa equipment, interior finishes, the
321	installation of package pool heaters, the installation of all
322	perimeter piping and filter piping, and the construction of
323	equipment rooms or housing for pool/spa equipment, and also
324	includes the scope of work of a swimming pool/spa servicing
325	contractor. The scope of such work does not include direct
326	connections to a sanitary sewer system or to potable water
327	lines. The installation, construction, modification, or
328	replacement of equipment permanently attached to and associated
329	with the pool or spa for the purpose of water treatment or
330	cleaning of the pool or spa requires licensure; however, the
331	usage of such equipment for the purposes of water treatment or
332	cleaning does not require licensure unless the usage involves
333	construction, modification, or replacement of such equipment.
334	Water treatment that does not require such equipment does not
335	require a license. In addition, a license is not required for
336	the cleaning of the pool or spa in a way that does not affect
337	the structural integrity of the pool or spa or its associated
338	equipment.
339	(l)  "Swimming pool/spa servicing contractor" means a
340	contractor whose scope of work involves, but is not limited to,
341	the repair and servicing of a swimming pool, or hot tub or spa,
342	whether public or private, or otherwise, regardless of use. The
343	scope of work includes the repair or replacement of existing
344	equipment, any cleaning or equipment sanitizing that requires at
345	least a partial disassembling, excluding filter changes, and the
346	installation of new pool/spa equipment, interior refinishing,
347	the reinstallation or addition of pool heaters, the repair or
348	replacement of all perimeter piping and filter piping, the
349	repair of equipment rooms or housing for pool/spa equipment, and
350	the substantial or complete draining of a swimming pool, or hot
351	tub or spa, for the purpose of repair or renovation. The scope
352	of such work does not include direct connections to a sanitary
353	sewer system or to potable water lines. The installation,
354	construction, modification, substantial or complete disassembly,
355	or replacement of equipment permanently attached to and
356	associated with the pool or spa for the purpose of water
357	treatment or cleaning of the pool or spa requires licensure;
358	however, the usage of such equipment for the purposes of water
359	treatment or cleaning does not require licensure unless the
360	usage involves construction, modification, substantial or
361	complete disassembly, or replacement of such equipment. Water
362	treatment that does not require such equipment does not require
363	a license. In addition, a license is not required for the
364	cleaning of the pool or spa in a way that does not affect the
365	structural integrity of the pool or spa or its associated
366	equipment.
367	(m)  "Plumbing contractor" means a contractor whose
368	contracting business consists of the execution of contracts
369	requiring the experience, financial means, knowledge, and skill
370	to install, maintain, repair, alter, extend, or, if not
371	prohibited by law, design plumbing. A plumbing contractor may
372	install, maintain, repair, alter, extend, or, if not prohibited
373	by law, design the following without obtaining an additional
374	local regulatory license, certificate, or registration: sanitary
375	drainage or storm drainage facilities; venting systems; public
376	or private water supply systems; septic tanks; drainage and
377	supply wells; swimming pool piping; irrigation systems; or solar
378	heating water systems and all appurtenances, apparatus, or
379	equipment used in connection therewith, including boilers and
380	pressure process piping and including the installation of water,
381	natural gas, liquefied petroleum gas and related venting, and
382	storm and sanitary sewer lines; and water and sewer plants and
383	substations. The scope of work of the plumbing contractor also
384	includes the design, if not prohibited by law, and installation,
385	maintenance, repair, alteration, or extension of air-piping,
386	vacuum line piping, oxygen line piping, nitrous oxide piping,
387	and all related medical gas systems; fire line standpipes and
388	fire sprinklers if authorized by law; ink and chemical lines;
389	fuel oil and gasoline piping and tank and pump installation,
390	except bulk storage plants; and pneumatic control piping
391	systems, all in a manner that complies with all plans,
392	specifications, codes, laws, and regulations applicable. The
393	scope of work of the plumbing contractor applies to private
394	property and public property, including any excavation work
395	incidental thereto, and includes the work of the specialty
396	plumbing contractor. Such contractor shall subcontract, with a
397	qualified contractor in the field concerned, all other work
398	incidental to the work but which is specified as being the work
399	of a trade other than that of a plumbing contractor. This
400	definition does not limit the scope of work of any specialty
401	contractor certified pursuant to s. 489.113(6), and does not
402	require certification or registration under this part of any
403	authorized employee of a public natural gas utility or of a
404	private natural gas utility regulated by the Public Service
405	Commission when disconnecting and reconnecting water lines in
406	the servicing or replacement of an existing water heater.
407	(n)  "Underground utility and excavation contractor" means
408	a contractor whose services are limited to the construction,
409	installation, and repair, on public or private property, whether
410	accomplished through open excavations or through other means,
411	including, but not limited to, directional drilling, auger
412	boring, jacking and boring, trenchless technologies, wet and dry
413	taps, grouting, and slip lining, of main sanitary sewer
414	collection systems, main water distribution systems, storm sewer
415	collection systems, and the continuation of utility lines from
416	the main systems to a point of termination up to and including
417	the meter location for the individual occupancy, sewer
418	collection systems at property line on residential or single-
419	occupancy commercial properties, or on multioccupancy properties
420	at manhole or wye lateral extended to an invert elevation as
421	engineered to accommodate future building sewers, water
422	distribution systems, or storm sewer collection systems at storm
423	sewer structures. However, an underground utility and excavation
424	contractor may install empty underground conduits in rights-of-
425	way, easements, platted rights-of-way in new site development,
426	and sleeves for parking lot crossings no smaller than 2 inches
427	in diameter if each conduit system installed is designed by a
428	licensed professional engineer or an authorized employee of a
429	municipality, county, or public utility and the installation of
430	such conduit does not include installation of any conductor
431	wiring or connection to an energized electrical system. An
432	underground utility and excavation contractor may not install
433	piping that is an integral part of a fire protection system as
434	defined in s. 633.021 beginning at the point where the piping is
435	used exclusively for such system.
436	(o)  "Solar contractor" means a contractor whose services
437	consist of the installation, alteration, repair, maintenance,
438	relocation, or replacement of solar panels for potable solar
439	water heating systems, swimming pool solar heating systems, and
440	photovoltaic systems and any appurtenances, apparatus, or
441	equipment used in connection therewith, whether public, private,
442	or otherwise, regardless of use. A contractor, certified or
443	registered pursuant to this chapter, is not required to become a
444	certified or registered solar contractor or to contract with a
445	solar contractor in order to provide services enumerated in this
446	paragraph that are within the scope of the services such
447	contractors may render under this part.
448	(p)  "Pollutant storage systems contractor" means a
449	contractor whose services are limited to, and who has the
450	experience, knowledge, and skill to install, maintain, repair,
451	alter, extend, or design, if not prohibited by law, and use
452	materials and items used in the installation, maintenance,
453	extension, and alteration of, pollutant storage tanks. Any
454	person installing a pollutant storage tank shall perform such
455	installation in accordance with the standards adopted pursuant
456	to s. 376.303.
457	(q)  "Glass and glazing contractor" means a contractor
458	whose services are unlimited in the execution of contracts
459	requiring the experience, knowledge, and skill to install,
460	attach, maintain, repair, fabricate, alter, extend, or design,
461	in residential and commercial applications without any height
462	restrictions, all types of windows, glass, and mirrors, whether
463	fixed or movable; swinging or sliding glass doors attached to
464	existing walls, floors, columns, or other structural members of
465	the building; glass holding or supporting mullions or horizontal
466	bars; structurally anchored impact-resistant opening protection
467	attached to existing building walls, floors, columns, or other
468	structural members of the building; prefabricated glass, metal,
469	or plastic curtain walls; storefront frames or panels; shower
470	and tub enclosures; metal fascias; and caulking incidental to
471	such work and assembly.
472	(r)  "Specialty contractor" means a contractor whose scope
473	of work and responsibility is limited to a particular phase of
474	construction established in a category adopted by board rule and
475	whose scope is limited to a subset of the activities described
476	in one of the paragraphs of this subsection.
477	Section 4.  Section 553.721, Florida Statutes, is amended
478	to read:
479	553.721  Surcharge.-In order for the Department of Business
480	and Professional Regulation to administer and carry out the
481	purposes of this part and related activities, there is hereby
482	created a surcharge, to be assessed at the rate of 1.5 percent
483	of the permit fees associated with enforcement of the Florida
484	Building Code as defined by the uniform account criteria and
485	specifically the uniform account code for building permits
486	adopted for local government financial reporting pursuant to s.
487	218.32. The minimum amount collected on any permit issued shall
488	be $2. The unit of government responsible for collecting a
489	permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect
490	the such surcharge and electronically remit the funds collected
491	to the department on a quarterly calendar basis beginning not
492	later than December 31, 2010, for the preceding quarter, and
493	continuing each third month thereafter. The, and such unit of
494	government shall retain 10 percent of the surcharge collected to
495	fund the participation of building departments in the national
496	and state building code adoption processes and to provide
497	education related to enforcement of the Florida Building Code.
498	All funds remitted to the department pursuant to this section
499	shall be deposited in the Professional Regulation Trust Fund.
500	Funds collected from the such surcharge shall be allocated
501	equally to fund used exclusively for the duties of the Florida
502	Building Commission and the Florida Building Code Compliance and
503	Mitigation Program under s. 553.841. However, funds allocated to
504	the Florida Building Code Compliance and Mitigation Program may
505	not exceed $925,000 in a fiscal year. The funds collected from
506	the surcharge may and the Department of Business and
507	Professional Regulation under this chapter and shall not be used
508	to fund research on techniques for mitigation of radon in
509	existing buildings. Funds used by the department as well as
510	funds to be transferred to the Department of Health shall be as
511	prescribed in the annual General Appropriations Act. The
512	department shall adopt rules governing the collection and
513	remittance of surcharges pursuant to in accordance with chapter
514	120.
515	Section 5.  Subsection (10) of section 553.73, Florida
516	Statutes, is amended to read:
517	553.73  Florida Building Code.-
518	(10)  The following buildings, structures, and facilities
519	are exempt from the Florida Building Code as provided by law,
520	and any further exemptions shall be as determined by the
521	Legislature and provided by law:
522	(a)  Buildings and structures specifically regulated and
523	preempted by the Federal Government.
524	(b)  Railroads and ancillary facilities associated with the
525	railroad.
526	(c)  Nonresidential farm buildings on farms.
527	(d)  Temporary buildings or sheds used exclusively for
528	construction purposes.
529	(e)  Mobile or modular structures used as temporary
530	offices, except that the provisions of part II relating to
531	accessibility by persons with disabilities shall apply to such
532	mobile or modular structures.
533	(f)  Those structures or facilities of electric utilities,
534	as defined in s. 366.02, which are directly involved in the
535	generation, transmission, or distribution of electricity.
536	(g)  Temporary sets, assemblies, or structures used in
537	commercial motion picture or television production, or any
538	sound-recording equipment used in such production, on or off the
539	premises.
540	(h)  Storage sheds that are not designed for human
541	habitation and that have a floor area of 720 square feet or less
542	are not required to comply with the mandatory wind-borne-debris-
543	impact standards of the Florida Building Code. In addition, such
544	buildings that are 400 square feet or less and that are intended
545	for use in conjunction with one- and two-family residences are
546	not subject to the door height and width requirements of the
547	Florida Building Code.
548	(i)  Chickees constructed by the Miccosukee Tribe of
549	Indians of Florida or the Seminole Tribe of Florida. As used in
550	this paragraph, the term "chickee" means an open-sided wooden
551	hut that has a thatched roof of palm or palmetto or other
552	traditional materials, and that does not incorporate any
553	electrical, plumbing, or other nonwood features.
554	(j)  Family mausoleums not exceeding 250 square feet in
555	area which are prefabricated and assembled on site or
556	preassembled and delivered on site and have walls, roofs, and a
557	floor constructed of granite, marble, or reinforced concrete.
558	(k)  A building or structure having less than 1,000 square
559	feet which is constructed and owned by a natural person for
560	hunting and which is repaired or reconstructed to the same
561	dimension and condition as existed on January 1, 2011, if the
562	building or structure:
563	1.  Is not rented or leased or used as a principal
564	residence;
565	2.  Is not located within the 100-year floodplain according
566	to Federal Emergency Management Agency's current Flood Insurance
567	Rate Map; and
568	3.  Is not connected to an off-site electric power or water
569	supply.
570
571	With the exception of paragraphs (a), (b), (c), and (f), in
572	order to preserve the health, safety, and welfare of the public,
573	the Florida Building Commission may, by rule adopted pursuant to
574	chapter 120, provide for exceptions to the broad categories of
575	buildings exempted in this section, including exceptions for
576	application of specific sections of the code or standards
577	adopted therein. The Department of Agriculture and Consumer
578	Services shall have exclusive authority to adopt by rule,
579	pursuant to chapter 120, exceptions to nonresidential farm
580	buildings exempted in paragraph (c) when reasonably necessary to
581	preserve public health, safety, and welfare. The exceptions must
582	be based upon specific criteria, such as under-roof floor area,
583	aggregate electrical service capacity, HVAC system capacity, or
584	other building requirements. Further, the commission may
585	recommend to the Legislature additional categories of buildings,
586	structures, or facilities which should be exempted from the
587	Florida Building Code, to be provided by law. The Florida
588	Building Code does not apply to temporary housing provided by
589	the Department of Corrections to any prisoner in the state
590	correctional system.
591	Section 6.  This act shall take effect July 1, 2012.

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