Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 269
       
       
       
       
       
       
                                Barcode 117882                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             04/30/2013 04:47 PM       .                                
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       Senators Detert and Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 162.12, Florida Statutes, is amended to
    6  read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must be provided to
    9  the alleged violator by:
   10         (a) Certified mail, return receipt requested, to the
   11  address listed in the tax collector’s office for tax notices, or
   12  to the address listed in the county property appraiser’s
   13  database. The local government may also provide an additional
   14  notice to any other address it may find for provided by the
   15  property owner in writing to the local government for the
   16  purpose of receiving notices. For property owned by a
   17  corporation, notices may be provided by certified mail to the
   18  registered agent of the corporation. If any notice sent by
   19  certified mail is not signed as received within 30 days after
   20  the postmarked date of mailing, notice may be provided by
   21  posting as described in subparagraphs (2)(b)1. and 2.;
   22         (b) Hand delivery by the sheriff or other law enforcement
   23  officer, code inspector, or other person designated by the local
   24  governing body;
   25         (c) Leaving the notice at the violator’s usual place of
   26  residence with any person residing therein who is above 15 years
   27  of age and informing such person of the contents of the notice;
   28  or
   29         (d) In the case of commercial premises, leaving the notice
   30  with the manager or other person in charge.
   31         (2) In addition to providing notice as set forth in
   32  subsection (1), at the option of the code enforcement board or
   33  the local government, notice may also be served by publication
   34  or posting, as follows:
   35         (a)1. Such notice shall be published once during each week
   36  for 4 consecutive weeks (four publications being sufficient) in
   37  a newspaper of general circulation in the county where the code
   38  enforcement board is located. The newspaper shall meet such
   39  requirements as are prescribed under chapter 50 for legal and
   40  official advertisements.
   41         2. Proof of publication shall be made as provided in ss.
   42  50.041 and 50.051.
   43         (b)1. In lieu of publication as described in paragraph (a),
   44  such notice may be posted at least 10 days prior to the hearing,
   45  or prior to the expiration of any deadline contained in the
   46  notice, in at least two locations, one of which shall be the
   47  property upon which the violation is alleged to exist and the
   48  other of which shall be, in the case of municipalities, at the
   49  primary municipal government office, and in the case of
   50  counties, at the front door of the courthouse or the main county
   51  governmental center in said county.
   52         2. Proof of posting shall be by affidavit of the person
   53  posting the notice, which affidavit shall include a copy of the
   54  notice posted and the date and places of its posting.
   55         (c) Notice by publication or posting may run concurrently
   56  with, or may follow, an attempt or attempts to provide notice by
   57  hand delivery or by mail as required under subsection (1).
   58  
   59         Evidence that an attempt has been made to hand deliver or
   60  mail notice as provided in subsection (1), together with proof
   61  of publication or posting as provided in subsection (2), shall
   62  be sufficient to show that the notice requirements of this part
   63  have been met, without regard to whether or not the alleged
   64  violator actually received such notice.
   65         Section 2. Subsection (3) of section 255.20, Florida
   66  Statutes, is amended to read:
   67         255.20 Local bids and contracts for public construction
   68  works; specification of state-produced lumber.—
   69         (3)(a) All county officials, boards of county
   70  commissioners, school boards, city councils, city commissioners,
   71  and all other public officers of state boards or commissions
   72  that are charged with the letting of contracts for public work,
   73  for the construction of public bridges, buildings, and other
   74  structures must specify in the contract lumber, timber, and
   75  other forest products produced and manufactured in this state,
   76  if wood is a component of the public work, and if such products
   77  are available and their price, fitness, and quality are equal.
   78         (b) This subsection does not apply:
   79         1. To plywood specified for monolithic concrete forms.,
   80         2. If the structural or service requirements for timber for
   81  a particular job cannot be supplied by native species., or
   82         3. If the construction is financed in whole or in part from
   83  federal funds with the requirement that there be no restrictions
   84  as to species or place of manufacture.
   85         4. To transportation projects for which federal aid funds
   86  are available.
   87         Section 3. Subsection (4) is added to section 255.2575,
   88  Florida Statutes, to read:
   89         255.2575 Energy-efficient and sustainable buildings.—
   90         (4)(a) All state agencies, county officials, boards of
   91  county commissioners, school boards, city councils, city
   92  commissioners, and all other public officers of state boards or
   93  commissions that are charged with the letting of contracts for
   94  public work, for the construction of public bridges, buildings,
   95  and other structures must specify in the contract lumber,
   96  timber, and other forest products produced and manufactured in
   97  this state, if wood is a component of the public work, and if
   98  such products are available and their price, fitness, and
   99  quality are equal.
  100         (b) This subsection does not apply:
  101         1. To plywood specified for monolithic concrete forms.
  102         2. If the structural or service requirements for timber for
  103  a particular job cannot be supplied by native species.
  104         3. If the construction is financed in whole or in part from
  105  federal funds with the requirement that there be no restrictions
  106  as to species or place of manufacture.
  107         4. To transportation projects for which federal aid funds
  108  are available.
  109         Section 4. Paragraph (a) of subsection (4) of section
  110  255.257, Florida Statutes, is amended to read:
  111         255.257 Energy management; buildings occupied by state
  112  agencies.—
  113         (4) ADOPTION OF STANDARDS.—
  114         (a) Each All state agency agencies shall use adopt a
  115  sustainable building rating system or use a national model green
  116  building code for each all new building buildings and renovation
  117  renovations to an existing building buildings.
  118         Section 5. Paragraph (aa) of subsection (4) of section
  119  381.0065, Florida Statutes, is amended to read:
  120         381.0065 Onsite sewage treatment and disposal systems;
  121  regulation.—
  122         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  123  construct, repair, modify, abandon, or operate an onsite sewage
  124  treatment and disposal system without first obtaining a permit
  125  approved by the department. The department may issue permits to
  126  carry out this section, but shall not make the issuance of such
  127  permits contingent upon prior approval by the Department of
  128  Environmental Protection, except that the issuance of a permit
  129  for work seaward of the coastal construction control line
  130  established under s. 161.053 shall be contingent upon receipt of
  131  any required coastal construction control line permit from the
  132  Department of Environmental Protection. A construction permit is
  133  valid for 18 months from the issuance date and may be extended
  134  by the department for one 90-day period under rules adopted by
  135  the department. A repair permit is valid for 90 days from the
  136  date of issuance. An operating permit must be obtained prior to
  137  the use of any aerobic treatment unit or if the establishment
  138  generates commercial waste. Buildings or establishments that use
  139  an aerobic treatment unit or generate commercial waste shall be
  140  inspected by the department at least annually to assure
  141  compliance with the terms of the operating permit. The operating
  142  permit for a commercial wastewater system is valid for 1 year
  143  from the date of issuance and must be renewed annually. The
  144  operating permit for an aerobic treatment unit is valid for 2
  145  years from the date of issuance and must be renewed every 2
  146  years. If all information pertaining to the siting, location,
  147  and installation conditions or repair of an onsite sewage
  148  treatment and disposal system remains the same, a construction
  149  or repair permit for the onsite sewage treatment and disposal
  150  system may be transferred to another person, if the transferee
  151  files, within 60 days after the transfer of ownership, an
  152  amended application providing all corrected information and
  153  proof of ownership of the property. There is no fee associated
  154  with the processing of this supplemental information. A person
  155  may not contract to construct, modify, alter, repair, service,
  156  abandon, or maintain any portion of an onsite sewage treatment
  157  and disposal system without being registered under part III of
  158  chapter 489. A property owner who personally performs
  159  construction, maintenance, or repairs to a system serving his or
  160  her own owner-occupied single-family residence is exempt from
  161  registration requirements for performing such construction,
  162  maintenance, or repairs on that residence, but is subject to all
  163  permitting requirements. A municipality or political subdivision
  164  of the state may not issue a building or plumbing permit for any
  165  building that requires the use of an onsite sewage treatment and
  166  disposal system unless the owner or builder has received a
  167  construction permit for such system from the department. A
  168  building or structure may not be occupied and a municipality,
  169  political subdivision, or any state or federal agency may not
  170  authorize occupancy until the department approves the final
  171  installation of the onsite sewage treatment and disposal system.
  172  A municipality or political subdivision of the state may not
  173  approve any change in occupancy or tenancy of a building that
  174  uses an onsite sewage treatment and disposal system until the
  175  department has reviewed the use of the system with the proposed
  176  change, approved the change, and amended the operating permit.
  177         (aa) An existing-system inspection or evaluation and
  178  assessment, or a modification, replacement, or upgrade of an
  179  onsite sewage treatment and disposal system is not required for
  180  a remodeling addition or modification to a single-family home if
  181  a bedroom is not added. However, a remodeling addition or
  182  modification to a single-family home may not cover any part of
  183  the existing system or encroach upon a required setback or the
  184  unobstructed area. To determine if a setback or the unobstructed
  185  area is impacted, the local health department shall review and
  186  verify a floor plan and site plan of the proposed remodeling
  187  addition or modification to the home submitted by a remodeler
  188  which shows the location of the system, including the distance
  189  of the remodeling addition or modification to the home from the
  190  onsite sewage treatment and disposal system. The local health
  191  department may visit the site or otherwise determine the best
  192  means of verifying the information submitted. A verification of
  193  the location of a system is not an inspection or evaluation and
  194  assessment of the system. The review and verification must be
  195  completed within 7 business days after receipt by the local
  196  health department of a floor plan and site plan. If the review
  197  and verification is not completed within such time, the
  198  remodeling addition or modification to the single-family home,
  199  for the purposes of this paragraph, is approved.
  200         Section 6. Effective October 1, 2014, subsection (23) is
  201  added to section 489.103, Florida Statutes, to read:
  202         489.103 Exemptions.— This part does not apply to:
  203         (23)An owner or operator of a public swimming pool or spa
  204  permitted under s. 514.031, an entity under common ownership or
  205  control with the owner or operator, or a direct employee of the
  206  owner, operator, or related entity, who undertakes to maintain
  207  the swimming pool or spa for the purpose of water treatment.
  208         Section 7. Effective October 1, 2014, subsection (3) of
  209  section 489.105, Florida Statutes, is amended to read:
  210         489.105 Definitions.— As used in this part:
  211         (3) “Contractor” means the person who is qualified for, and
  212  is only responsible for, the project contracted for and means,
  213  except as exempted in this part, the person who, for
  214  compensation, undertakes to, submits a bid to, or does himself
  215  or herself or by others construct, repair, alter, remodel, add
  216  to, demolish, maintain for purposes of water treatment, subtract
  217  from, or improve any building or structure, including related
  218  improvements to real estate, for others or for resale to others;
  219  and whose job scope is substantially similar to the job scope
  220  described in one of the paragraphs of this subsection. For the
  221  purposes of regulation under this part, the term “demolish”
  222  applies only to demolition of steel tanks more than 50 feet in
  223  height; towers more than 50 feet in height; other structures
  224  more than 50 feet in height; and all buildings or residences.
  225  For purposes of regulation under this part, the phrase “maintain
  226  for purposes of water treatment” applies only to cleaning,
  227  maintenance, and water treatment of swimming pools and spas.
  228  Contractors are subdivided into two divisions, Division I,
  229  consisting of those contractors defined in paragraphs (a)-(c),
  230  and Division II, consisting of those contractors defined in
  231  paragraphs (d)-(q):
  232         (a) “General contractor” means a contractor whose services
  233  are unlimited as to the type of work which he or she may do, who
  234  may contract for any activity requiring licensure under this
  235  part, and who may perform any work requiring licensure under
  236  this part, except as otherwise expressly provided in s. 489.113.
  237         (b) “Building contractor” means a contractor whose services
  238  are limited to construction of commercial buildings and single
  239  dwelling or multiple-dwelling residential buildings, which do
  240  not exceed three stories in height, and accessory use structures
  241  in connection therewith or a contractor whose services are
  242  limited to remodeling, repair, or improvement of any size
  243  building if the services do not affect the structural members of
  244  the building.
  245         (c) “Residential contractor” means a contractor whose
  246  services are limited to construction, remodeling, repair, or
  247  improvement of one-family, two-family, or three-family
  248  residences not exceeding two habitable stories above no more
  249  than one uninhabitable story and accessory use structures in
  250  connection therewith.
  251         (d) “Sheet metal contractor” means a contractor whose
  252  services are unlimited in the sheet metal trade and who has the
  253  experience, knowledge, and skill necessary for the manufacture,
  254  fabrication, assembling, handling, erection, installation,
  255  dismantling, conditioning, adjustment, insulation, alteration,
  256  repair, servicing, or design, if not prohibited by law, of
  257  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  258  equivalent or lighter gauge and of other materials, including,
  259  but not limited to, fiberglass, used in lieu thereof and of air
  260  handling systems, including the setting of air-handling
  261  equipment and reinforcement of same, the balancing of air
  262  handling systems, and any duct cleaning and equipment sanitizing
  263  that requires at least a partial disassembling of the system.
  264         (e) “Roofing contractor” means a contractor whose services
  265  are unlimited in the roofing trade and who has the experience,
  266  knowledge, and skill to install, maintain, repair, alter,
  267  extend, or design, if not prohibited by law, and use materials
  268  and items used in the installation, maintenance, extension, and
  269  alteration of all kinds of roofing, waterproofing, and coating,
  270  except when coating is not represented to protect, repair,
  271  waterproof, stop leaks, or extend the life of the roof. The
  272  scope of work of a roofing contractor also includes skylights
  273  and any related work, required roof-deck attachments, and any
  274  repair or replacement of wood roof sheathing or fascia as needed
  275  during roof repair or replacement and any related work.
  276         (f) “Class A air-conditioning contractor” means a
  277  contractor whose services are unlimited in the execution of
  278  contracts requiring the experience, knowledge, and skill to
  279  install, maintain, repair, fabricate, alter, extend, or design,
  280  if not prohibited by law, central air-conditioning,
  281  refrigeration, heating, and ventilating systems, including duct
  282  work in connection with a complete system if such duct work is
  283  performed by the contractor as necessary to complete an air
  284  distribution system, boiler and unfired pressure vessel systems,
  285  and all appurtenances, apparatus, or equipment used in
  286  connection therewith, and any duct cleaning and equipment
  287  sanitizing that requires at least a partial disassembling of the
  288  system; to install, maintain, repair, fabricate, alter, extend,
  289  or design, if not prohibited by law, piping, insulation of
  290  pipes, vessels and ducts, pressure and process piping, and
  291  pneumatic control piping; to replace, disconnect, or reconnect
  292  power wiring on the load side of the dedicated existing
  293  electrical disconnect switch; to install, disconnect, and
  294  reconnect low voltage heating, ventilating, and air-conditioning
  295  control wiring; and to install a condensate drain from an air
  296  conditioning unit to an existing safe waste or other approved
  297  disposal other than a direct connection to a sanitary system.
  298  The scope of work for such contractor also includes any
  299  excavation work incidental thereto, but does not include any
  300  work such as liquefied petroleum or natural gas fuel lines
  301  within buildings, except for disconnecting or reconnecting
  302  changeouts of liquefied petroleum or natural gas appliances
  303  within buildings; potable water lines or connections thereto;
  304  sanitary sewer lines; swimming pool piping and filters; or
  305  electrical power wiring. A Class A air-conditioning contractor
  306  may test and evaluate central air-conditioning, refrigeration,
  307  heating, and ventilating systems, including duct work; however,
  308  a mandatory licensing requirement is not established for the
  309  performance of these specific services.
  310         (g) “Class B air-conditioning contractor” means a
  311  contractor whose services are limited to 25 tons of cooling and
  312  500,000 Btu of heating in any one system in the execution of
  313  contracts requiring the experience, knowledge, and skill to
  314  install, maintain, repair, fabricate, alter, extend, or design,
  315  if not prohibited by law, central air-conditioning,
  316  refrigeration, heating, and ventilating systems, including duct
  317  work in connection with a complete system only to the extent
  318  such duct work is performed by the contractor as necessary to
  319  complete an air-distribution system being installed under this
  320  classification, and any duct cleaning and equipment sanitizing
  321  that requires at least a partial disassembling of the system; to
  322  install, maintain, repair, fabricate, alter, extend, or design,
  323  if not prohibited by law, piping and insulation of pipes,
  324  vessels, and ducts; to replace, disconnect, or reconnect power
  325  wiring on the load side of the dedicated existing electrical
  326  disconnect switch; to install, disconnect, and reconnect low
  327  voltage heating, ventilating, and air-conditioning control
  328  wiring; and to install a condensate drain from an air
  329  conditioning unit to an existing safe waste or other approved
  330  disposal other than a direct connection to a sanitary system.
  331  The scope of work for such contractor also includes any
  332  excavation work incidental thereto, but does not include any
  333  work such as liquefied petroleum or natural gas fuel lines
  334  within buildings, except for disconnecting or reconnecting
  335  changeouts of liquefied petroleum or natural gas appliances
  336  within buildings; potable water lines or connections thereto;
  337  sanitary sewer lines; swimming pool piping and filters; or
  338  electrical power wiring. A Class B air-conditioning contractor
  339  may test and evaluate central air-conditioning, refrigeration,
  340  heating, and ventilating systems, including duct work; however,
  341  a mandatory licensing requirement is not established for the
  342  performance of these specific services.
  343         (h) “Class C air-conditioning contractor” means a
  344  contractor whose business is limited to the servicing of air
  345  conditioning, heating, or refrigeration systems, including any
  346  duct cleaning and equipment sanitizing that requires at least a
  347  partial disassembling of the system, and whose certification or
  348  registration, issued pursuant to this part, was valid on October
  349  1, 1988. Only a person who was registered or certified as a
  350  Class C air-conditioning contractor as of October 1, 1988, shall
  351  be so registered or certified after October 1, 1988. However,
  352  the board shall continue to license and regulate those Class C
  353  air-conditioning contractors who held Class C licenses before
  354  October 1, 1988.
  355         (i) “Mechanical contractor” means a contractor whose
  356  services are unlimited in the execution of contracts requiring
  357  the experience, knowledge, and skill to install, maintain,
  358  repair, fabricate, alter, extend, or design, if not prohibited
  359  by law, central air-conditioning, refrigeration, heating, and
  360  ventilating systems, including duct work in connection with a
  361  complete system if such duct work is performed by the contractor
  362  as necessary to complete an air-distribution system, boiler and
  363  unfired pressure vessel systems, lift station equipment and
  364  piping, and all appurtenances, apparatus, or equipment used in
  365  connection therewith, and any duct cleaning and equipment
  366  sanitizing that requires at least a partial disassembling of the
  367  system; to install, maintain, repair, fabricate, alter, extend,
  368  or design, if not prohibited by law, piping, insulation of
  369  pipes, vessels and ducts, pressure and process piping, pneumatic
  370  control piping, gasoline tanks and pump installations and piping
  371  for same, standpipes, air piping, vacuum line piping, oxygen
  372  lines, nitrous oxide piping, ink and chemical lines, fuel
  373  transmission lines, liquefied petroleum gas lines within
  374  buildings, and natural gas fuel lines within buildings; to
  375  replace, disconnect, or reconnect power wiring on the load side
  376  of the dedicated existing electrical disconnect switch; to
  377  install, disconnect, and reconnect low voltage heating,
  378  ventilating, and air-conditioning control wiring; and to install
  379  a condensate drain from an air-conditioning unit to an existing
  380  safe waste or other approved disposal other than a direct
  381  connection to a sanitary system. The scope of work for such
  382  contractor also includes any excavation work incidental thereto,
  383  but does not include any work such as potable water lines or
  384  connections thereto, sanitary sewer lines, swimming pool piping
  385  and filters, or electrical power wiring. A mechanical contractor
  386  may test and evaluate central air-conditioning, refrigeration,
  387  heating, and ventilating systems, including duct work; however,
  388  a mandatory licensing requirement is not established for the
  389  performance of these specific services.
  390         (j) “Commercial pool/spa contractor” means a contractor
  391  whose scope of work involves, but is not limited to, the
  392  construction, repair, water treatment, maintenance, and
  393  servicing of any swimming pool, or hot tub or spa, whether
  394  public, private, or otherwise, regardless of use. The scope of
  395  work includes the installation, repair, or replacement of
  396  existing equipment, any cleaning or equipment sanitizing that
  397  requires at least a partial disassembling, excluding filter
  398  changes, and the installation of new pool/spa equipment,
  399  interior finishes, the installation of package pool heaters, the
  400  installation of all perimeter piping and filter piping, and the
  401  construction of equipment rooms or housing for pool/spa
  402  equipment, and also includes the scope of work of a swimming
  403  pool/spa servicing contractor. The scope of such work does not
  404  include direct connections to a sanitary sewer system or to
  405  potable water lines. The installation, construction,
  406  modification, or replacement of equipment permanently attached
  407  to and associated with the pool or spa for the purpose of water
  408  treatment or cleaning of the pool or spa requires licensure;
  409  however, the usage of such equipment for the purposes of water
  410  treatment or cleaning does not require licensure unless the
  411  usage involves construction, modification, or replacement of
  412  such equipment. Water treatment that does not require such
  413  equipment does not require a license. In addition, a license is
  414  not required for the cleaning of the pool or spa in a way that
  415  does not affect the structural integrity of the pool or spa or
  416  its associated equipment.
  417         (k) “Residential pool/spa contractor” means a contractor
  418  whose scope of work involves, but is not limited to, the
  419  construction, repair, water treatment, maintenance, and
  420  servicing of a residential swimming pool, or hot tub or spa,
  421  regardless of use. The scope of work includes the installation,
  422  repair, or replacement of existing equipment, any cleaning or
  423  equipment sanitizing that requires at least a partial
  424  disassembling, excluding filter changes, and the installation of
  425  new pool/spa equipment, interior finishes, the installation of
  426  package pool heaters, the installation of all perimeter piping
  427  and filter piping, and the construction of equipment rooms or
  428  housing for pool/spa equipment, and also includes the scope of
  429  work of a swimming pool/spa servicing contractor. The scope of
  430  such work does not include direct connections to a sanitary
  431  sewer system or to potable water lines. The installation,
  432  construction, modification, 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 not require
  437  licensure unless the usage involves construction, modification,
  438  or replacement of such equipment. Water treatment that does not
  439  require such equipment does not require a license. In addition,
  440  a license is not required for the cleaning of the pool or spa in
  441  a way that does not affect the structural integrity of the pool
  442  or spa or its associated equipment.
  443         (l) “Swimming pool/spa servicing contractor” means a
  444  contractor whose scope of work involves, but is not limited to,
  445  the repair, water treatment, maintenance, and servicing of a
  446  swimming pool, or hot tub or spa, whether public or private, or
  447  otherwise, regardless of use. The scope of work includes the
  448  repair or replacement of existing equipment, any sanitation,
  449  chemical balancing, routine maintenance or cleaning, cleaning or
  450  equipment sanitizing that requires at least a partial
  451  disassembling, excluding filter changes, and the installation of
  452  new pool/spa equipment, interior refinishing, the reinstallation
  453  or addition of pool heaters, the repair or replacement of all
  454  perimeter piping and filter piping, the repair of equipment
  455  rooms or housing for pool/spa equipment, and the substantial or
  456  complete draining of a swimming pool, or hot tub or spa, for the
  457  purpose of repair, or renovation, or water treatment. The scope
  458  of such work does not include direct connections to a sanitary
  459  sewer system or to potable water lines. The installation,
  460  construction, modification, substantial or complete disassembly,
  461  or replacement of equipment permanently attached to and
  462  associated with the pool or spa for the purpose of water
  463  treatment or cleaning of the pool or spa requires licensure;
  464  however, the usage of such equipment for the purposes of water
  465  treatment or cleaning does not require licensure unless the
  466  usage involves construction, modification, substantial or
  467  complete disassembly, or replacement of such equipment. Water
  468  treatment that does not require such equipment does not require
  469  a license. In addition, a license is not required for the
  470  cleaning of the pool or spa in a way that does not affect the
  471  structural integrity of the pool or spa or its associated
  472  equipment.
  473         (m) “Plumbing contractor” means a contractor whose services
  474  are unlimited in the plumbing trade and includes contracting
  475  business consisting of the execution of contracts requiring the
  476  experience, financial means, knowledge, and skill to install,
  477  maintain, repair, alter, extend, or, if not prohibited by law,
  478  design plumbing. A plumbing contractor may install, maintain,
  479  repair, alter, extend, or, if not prohibited by law, design the
  480  following without obtaining an additional local regulatory
  481  license, certificate, or registration: sanitary drainage or
  482  storm drainage facilities, water and sewer plants and
  483  substations, venting systems, public or private water supply
  484  systems, septic tanks, drainage and supply wells, swimming pool
  485  piping, irrigation systems, and solar heating water systems and
  486  all appurtenances, apparatus, or equipment used in connection
  487  therewith, including boilers and pressure process piping and
  488  including the installation of water, natural gas, liquefied
  489  petroleum gas and related venting, and storm and sanitary sewer
  490  lines. The scope of work of the plumbing contractor also
  491  includes the design, if not prohibited by law, and installation,
  492  maintenance, repair, alteration, or extension of air-piping,
  493  vacuum line piping, oxygen line piping, nitrous oxide piping,
  494  and all related medical gas systems; fire line standpipes and
  495  fire sprinklers if authorized by law; ink and chemical lines;
  496  fuel oil and gasoline piping and tank and pump installation,
  497  except bulk storage plants; and pneumatic control piping
  498  systems, all in a manner that complies with all plans,
  499  specifications, codes, laws, and regulations applicable. The
  500  scope of work of the plumbing contractor applies to private
  501  property and public property, including any excavation work
  502  incidental thereto, and includes the work of the specialty
  503  plumbing contractor. Such contractor shall subcontract, with a
  504  qualified contractor in the field concerned, all other work
  505  incidental to the work but which is specified as being the work
  506  of a trade other than that of a plumbing contractor. This
  507  definition does not limit the scope of work of any specialty
  508  contractor certified pursuant to s. 489.113(6), and does not
  509  require certification or registration under this part of any
  510  authorized employee of a public natural gas utility or of a
  511  private natural gas utility regulated by the Public Service
  512  Commission when disconnecting and reconnecting water lines in
  513  the servicing or replacement of an existing water heater. A
  514  plumbing contractor may perform drain cleaning and clearing and
  515  install or repair rainwater catchment systems; however, a
  516  mandatory licensing requirement is not established for the
  517  performance of these specific services.
  518         (n) “Underground utility and excavation contractor” means a
  519  contractor whose services are limited to the construction,
  520  installation, and repair, on public or private property, whether
  521  accomplished through open excavations or through other means,
  522  including, but not limited to, directional drilling, auger
  523  boring, jacking and boring, trenchless technologies, wet and dry
  524  taps, grouting, and slip lining, of main sanitary sewer
  525  collection systems, main water distribution systems, storm sewer
  526  collection systems, and the continuation of utility lines from
  527  the main systems to a point of termination up to and including
  528  the meter location for the individual occupancy, sewer
  529  collection systems at property line on residential or single
  530  occupancy commercial properties, or on multioccupancy properties
  531  at manhole or wye lateral extended to an invert elevation as
  532  engineered to accommodate future building sewers, water
  533  distribution systems, or storm sewer collection systems at storm
  534  sewer structures. However, an underground utility and excavation
  535  contractor may install empty underground conduits in rights-of
  536  way, easements, platted rights-of-way in new site development,
  537  and sleeves for parking lot crossings no smaller than 2 inches
  538  in diameter if each conduit system installed is designed by a
  539  licensed professional engineer or an authorized employee of a
  540  municipality, county, or public utility and the installation of
  541  such conduit does not include installation of any conductor
  542  wiring or connection to an energized electrical system. An
  543  underground utility and excavation contractor may not install
  544  piping that is an integral part of a fire protection system as
  545  defined in s. 633.021 beginning at the point where the piping is
  546  used exclusively for such system.
  547         (o) “Solar contractor” means a contractor whose services
  548  consist of the installation, alteration, repair, maintenance,
  549  relocation, or replacement of solar panels for potable solar
  550  water heating systems, swimming pool solar heating systems, and
  551  photovoltaic systems and any appurtenances, apparatus, or
  552  equipment used in connection therewith, whether public, private,
  553  or otherwise, regardless of use. A contractor, certified or
  554  registered pursuant to this chapter, is not required to become a
  555  certified or registered solar contractor or to contract with a
  556  solar contractor in order to provide services enumerated in this
  557  paragraph that are within the scope of the services such
  558  contractors may render under this part.
  559         (p) “Pollutant storage systems contractor” means a
  560  contractor whose services are limited to, and who has the
  561  experience, knowledge, and skill to install, maintain, repair,
  562  alter, extend, or design, if not prohibited by law, and use
  563  materials and items used in the installation, maintenance,
  564  extension, and alteration of, pollutant storage tanks. Any
  565  person installing a pollutant storage tank shall perform such
  566  installation in accordance with the standards adopted pursuant
  567  to s. 376.303.
  568         (q) “Specialty contractor” means a contractor whose scope
  569  of work and responsibility is limited to a particular phase of
  570  construction established in a category adopted by board rule and
  571  whose scope is limited to a subset of the activities described
  572  in one of the paragraphs of this subsection.
  573         Section 8. Effective October 1, 2014, subsection (2) of
  574  section 489.111, Florida Statutes, is amended to read:
  575         489.111 Licensure by examination.—
  576         (2) A person shall be eligible for licensure by examination
  577  if the person:
  578         (a) Is 18 years of age;
  579         (b) Is of good moral character; and
  580         (c) Meets eligibility requirements according to one of the
  581  following criteria:
  582         1. Has received a baccalaureate degree from an accredited
  583  4-year college in the appropriate field of engineering,
  584  architecture, or building construction and has 1 year of proven
  585  experience in the category in which the person seeks to qualify.
  586  For the purpose of this part, a minimum of 2,000 person-hours
  587  shall be used in determining full-time equivalency.
  588         2. Has a total of at least 4 years of active experience as
  589  a worker who has learned the trade by serving an apprenticeship
  590  as a skilled worker who is able to command the rate of a
  591  mechanic in the particular trade or as a foreman who is in
  592  charge of a group of workers and usually is responsible to a
  593  superintendent or a contractor or his or her equivalent,
  594  provided, however, that at least 1 year of active experience
  595  shall be as a foreman.
  596         3. Has a combination of not less than 1 year of experience
  597  as a foreman and not less than 3 years of credits for any
  598  accredited college-level courses; has a combination of not less
  599  than 1 year of experience as a skilled worker, 1 year of
  600  experience as a foreman, and not less than 2 years of credits
  601  for any accredited college-level courses; or has a combination
  602  of not less than 2 years of experience as a skilled worker, 1
  603  year of experience as a foreman, and not less than 1 year of
  604  credits for any accredited college-level courses. All junior
  605  college or community college-level courses shall be considered
  606  accredited college-level courses.
  607         4.a. An active certified residential contractor is eligible
  608  to take the building contractors’ examination if he or she
  609  possesses a minimum of 3 years of proven experience in the
  610  classification in which he or she is certified.
  611         b. An active certified residential contractor is eligible
  612  to take the general contractors’ examination if he or she
  613  possesses a minimum of 4 years of proven experience in the
  614  classification in which he or she is certified.
  615         c. An active certified building contractor is eligible to
  616  take the general contractors’ examination if he or she possesses
  617  a minimum of 4 years of proven experience in the classification
  618  in which he or she is certified.
  619         5.a. An active certified air-conditioning Class C
  620  contractor is eligible to take the air-conditioning Class B
  621  contractors’ examination if he or she possesses a minimum of 3
  622  years of proven experience in the classification in which he or
  623  she is certified.
  624         b. An active certified air-conditioning Class C contractor
  625  is eligible to take the air-conditioning Class A contractors’
  626  examination if he or she possesses a minimum of 4 years of
  627  proven experience in the classification in which he or she is
  628  certified.
  629         c. An active certified air-conditioning Class B contractor
  630  is eligible to take the air-conditioning Class A contractors’
  631  examination if he or she possesses a minimum of 1 year of proven
  632  experience in the classification in which he or she is
  633  certified.
  634         6.a. An active certified swimming pool servicing contractor
  635  is eligible to take the residential swimming pool contractors’
  636  examination if he or she possesses a minimum of 3 years of
  637  proven experience in the classification in which he or she is
  638  certified.
  639         b. An active certified swimming pool servicing contractor
  640  is eligible to take the swimming pool commercial contractors’
  641  examination if he or she possesses a minimum of 4 years of
  642  proven experience in the classification in which he or she is
  643  certified.
  644         c. An active certified residential swimming pool contractor
  645  is eligible to take the commercial swimming pool contractors’
  646  examination if he or she possesses a minimum of 1 year of proven
  647  experience in the classification in which he or she is
  648  certified.
  649         d. An applicant is eligible to take the swimming pool/spa
  650  servicing contractors’ examination if he or she has
  651  satisfactorily completed 60 hours of instruction in courses and
  652  20 hours of field hands-on instruction related to the scope of
  653  work covered by that license and approved by the Construction
  654  Industry Licensing Board by rule and has at least 1 year of
  655  proven experience related to the scope of work of such a
  656  contractor.
  657         Section 9. The amendments to s. 489.113(2), Florida
  658  Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
  659  remedial in nature and intended to clarify existing law. This
  660  section applies retroactively to any action initiated or pending
  661  on or after March 23, 2012.
  662         Section 10. Paragraphs (c) and (f) of subsection (5) and
  663  subsection (6) of section 489.127, Florida Statutes, are amended
  664  to read:
  665         489.127 Prohibitions; penalties.—
  666         (5) Each county or municipality may, at its option,
  667  designate one or more of its code enforcement officers, as
  668  defined in chapter 162, to enforce, as set out in this
  669  subsection, the provisions of subsection (1) and s. 489.132(1)
  670  against persons who engage in activity for which a county or
  671  municipal certificate of competency or license or state
  672  certification or registration is required.
  673         (c) The local governing body of the county or municipality
  674  may is authorized to enforce codes and ordinances against
  675  unlicensed contractors under the provisions of this subsection
  676  and may enact an ordinance establishing procedures for
  677  implementing this subsection, including a schedule of penalties
  678  to be assessed by the code enforcement officer. The maximum
  679  civil penalty which may be levied may shall not exceed $2,000
  680  $500. Moneys collected pursuant to this subsection shall be
  681  retained locally, as provided for by local ordinance, and may be
  682  set aside in a specific fund to support future enforcement
  683  activities against unlicensed contractors.
  684         (f) If the enforcement or licensing board or designated
  685  special magistrate finds that a violation exists, the
  686  enforcement or licensing board or designated special magistrate
  687  may order the violator to pay a civil penalty of not less than
  688  the amount set forth on the citation but not more than $2,500
  689  $1,000 per day for each violation. In determining the amount of
  690  the penalty, the enforcement or licensing board or designated
  691  special magistrate shall consider the following factors:
  692         1. The gravity of the violation.
  693         2. Any actions taken by the violator to correct the
  694  violation.
  695         3. Any previous violations committed by the violator.
  696         (6) Local building departments may collect outstanding
  697  fines against registered or certified contractors issued by the
  698  Construction Industry Licensing Board and may retain 75 25
  699  percent of the fines they are able to collect, provided that
  700  they transmit 25 75 percent of the fines they are able to
  701  collect to the department according to a procedure to be
  702  determined by the department.
  703         Section 11. Paragraph (a) of subsection (7) of section
  704  489.131, Florida Statutes, is amended to read:
  705         489.131 Applicability.—
  706         (7)(a) It is the policy of the state that the purpose of
  707  regulation is to protect the public by attaining compliance with
  708  the policies established in law. Fines and other penalties are
  709  provided in order to ensure compliance; however, the collection
  710  of fines and the imposition of penalties are intended to be
  711  secondary to the primary goal of attaining compliance with state
  712  laws and local jurisdiction ordinances. It is the intent of the
  713  Legislature that a local jurisdiction agency charged with
  714  enforcing regulatory laws shall issue a notice of noncompliance
  715  as its first response to a minor violation of a regulatory law
  716  in any instance in which it is reasonable to assume that the
  717  violator was unaware of such a law or unclear as to how to
  718  comply with it. A violation of a regulatory law is a “minor
  719  violation” if it does not result in economic or physical harm to
  720  a person or adversely affect the public health, safety, or
  721  welfare or create a significant threat of such harm. A “notice
  722  of noncompliance” is a notification by the local jurisdiction
  723  agency charged with enforcing the ordinance, which is issued to
  724  the licensee that is subject to the ordinance. A notice of
  725  noncompliance should not be accompanied with a fine or other
  726  disciplinary penalty. It should identify the specific ordinance
  727  that is being violated, provide information on how to comply
  728  with the ordinance, and specify a reasonable time for the
  729  violator to comply with the ordinance. Failure of a licensee to
  730  take action correcting the violation within a set period of time
  731  would then result in the institution of further disciplinary
  732  proceedings.
  733         Section 12. Section 489.514, Florida Statutes, is amended
  734  to read:
  735         489.514 Certification for registered contractors;
  736  grandfathering provisions.—
  737         (1) The board shall, upon receipt of a completed
  738  application, appropriate fee, and proof of compliance with the
  739  provisions of this section, issue:
  740         (a) To an applying registered electrical contractor, a
  741  certificate as an electrical contractor, as defined in s.
  742  489.505(12); or
  743         (b) To an applying registered alarm system contractor, a
  744  certificate in the matching alarm system contractor category, as
  745  defined in s. 489.505(2)(a) or (b); or
  746         (c) To an applying registered electrical specialty
  747  contractor, a certificate in the matching electrical specialty
  748  contractor category, as defined in s. 489.505(19).
  749         (2) Any contractor registered under this part who makes
  750  application under this section to the board shall meet each of
  751  the following requirements for certification:
  752         (a) Currently holds a valid registered local license in the
  753  category of electrical contractor, alarm system contractor, or
  754  electrical specialty contractor.
  755         (b) Has, for that category, passed a written, proctored
  756  examination that the board finds to be substantially similar to
  757  the examination required to be licensed as a certified
  758  contractor under this part. For purposes of this subsection, a
  759  written, proctored examination such as that produced by the
  760  National Assessment Institute, Block and Associates, NAI/Block,
  761  Experior Assessments, Professional Testing, Inc., or Assessment
  762  Systems, Inc., shall be considered to be substantially similar
  763  to the examination required to be licensed as a certified
  764  contractor. The board may not impose or make any requirements
  765  regarding the nature or content of these cited examinations.
  766         (c) Has at least 5 years of experience as a contractor in
  767  that contracting category, or as an inspector or building
  768  administrator with oversight over that category, at the time of
  769  application. For contractors, only time periods in which the
  770  contractor license is active and the contractor is not on
  771  probation shall count toward the 5 years required under this
  772  subsection.
  773         (d) Has not had his or her contractor’s license revoked at
  774  any time, had his or her contractor’s license suspended in the
  775  last 5 years, or been assessed a fine in excess of $500 in the
  776  last 5 years.
  777         (e) Is in compliance with the insurance and financial
  778  responsibility requirements in s. 489.515(1)(b).
  779         (3) An applicant must make application by November 1, 2015
  780  2004, to be licensed pursuant to this section.
  781         Section 13. Paragraph (c) and (f) of subsection (4) of
  782  section 489.531, Florida Statutes, are amended to read:
  783         489.531 Prohibitions; penalties.—
  784         (4) Each county or municipality may, at its option,
  785  designate one or more of its code enforcement officers, as
  786  defined in chapter 162, to enforce, as set out in this
  787  subsection, the provisions of subsection (1) against persons who
  788  engage in activity for which county or municipal certification
  789  is required.
  790         (c) The local governing body of the county or municipality
  791  may is authorized to enforce codes and ordinances against
  792  unlicensed contractors under the provisions of this section and
  793  may enact an ordinance establishing procedures for implementing
  794  this section, including a schedule of penalties to be assessed
  795  by the code enforcement officers. The maximum civil penalty
  796  which may be levied may shall not exceed $2,000 $500. Moneys
  797  collected pursuant to this section shall be retained locally as
  798  provided for by local ordinance and may be set aside in a
  799  specific fund to support future enforcement activities against
  800  unlicensed contractors.
  801         (f) If the enforcement or licensing board or designated
  802  special magistrate finds that a violation exists, the
  803  enforcement or licensing board or designated special magistrate
  804  may order the violator to pay a civil penalty of not less than
  805  the amount set forth on the citation but not more than $2,500
  806  $500 per day for each violation. In determining the amount of
  807  the penalty, the enforcement or licensing board or designated
  808  special magistrate shall consider the following factors:
  809         1. The gravity of the violation.
  810         2. Any actions taken by the violator to correct the
  811  violation.
  812         3. Any previous violations committed by the violator.
  813         Section 14. Present subsections (6) through (11) of section
  814  553.71, Florida Statutes, are redesignated as subsections (7)
  815  through (12), respectively, and a new subsection (6) is added to
  816  that section, to read:
  817         553.71 Definitions.—As used in this part, the term:
  818         (6) “Local technical amendment” means an action by a local
  819  governing authority that results in a technical change to the
  820  Florida Building Code and its local enforcement.
  821         Section 15. Subsection (17) of section 553.73, Florida
  822  Statutes, is amended to read:
  823         553.73 Florida Building Code.—
  824         (17) A provision The provisions of section R313 of the most
  825  current version of the International Residential Code relating
  826  to mandated fire sprinklers may not be incorporated into the
  827  Florida Building Code as adopted by the Florida Building
  828  Commission and may not be adopted as a local amendment to the
  829  Florida Building Code. This subsection does not prohibit the
  830  application of cost-saving incentives for residential fire
  831  sprinklers that are authorized in the International Residential
  832  Code upon a mutual agreement between the builder and the code
  833  official. This subsection does not apply to a local government
  834  that has a lawfully adopted ordinance relating to fire
  835  sprinklers which has been in effect since January 1, 2010.
  836         Section 16. Subsection (1) of section 553.74, Florida
  837  Statutes, is amended to read:
  838         553.74 Florida Building Commission.—
  839         (1) The Florida Building Commission is created and located
  840  within the Department of Business and Professional Regulation
  841  for administrative purposes. Members are shall be appointed by
  842  the Governor subject to confirmation by the Senate. The
  843  commission is shall be composed of 26 25 members, consisting of
  844  the following:
  845         (a) One architect registered to practice in this state and
  846  actively engaged in the profession. The American Institute of
  847  Architects, Florida Section, is encouraged to recommend a list
  848  of candidates for consideration.
  849         (b) One structural engineer registered to practice in this
  850  state and actively engaged in the profession. The Florida
  851  Engineering Society is encouraged to recommend a list of
  852  candidates for consideration.
  853         (c) One air-conditioning or mechanical contractor certified
  854  to do business in this state and actively engaged in the
  855  profession. The Florida Air Conditioning Contractors
  856  Association, the Florida Refrigeration and Air Conditioning
  857  Contractors Association, and the Mechanical Contractors
  858  Association of Florida are encouraged to recommend a list of
  859  candidates for consideration.
  860         (d) One electrical contractor certified to do business in
  861  this state and actively engaged in the profession. The Florida
  862  Electrical Contractors Association and the National Electrical
  863  Contractors Association, Florida Chapter, are encouraged to
  864  recommend a list of candidates for consideration.
  865         (e) One member from fire protection engineering or
  866  technology who is actively engaged in the profession. The
  867  Florida Chapter of the Society of Fire Protection Engineers and
  868  the Florida Fire Marshals and Inspectors Association are
  869  encouraged to recommend a list of candidates for consideration.
  870         (f) One general contractor certified to do business in this
  871  state and actively engaged in the profession. The Associated
  872  Builders and Contractors of Florida, the Florida Associated
  873  General Contractors Council, and the Union Contractors
  874  Association are encouraged to recommend a list of candidates for
  875  consideration.
  876         (g) One plumbing contractor licensed to do business in this
  877  state and actively engaged in the profession. The Florida
  878  Association of Plumbing, Heating, and Cooling Contractors is
  879  encouraged to recommend a list of candidates for consideration.
  880         (h) One roofing or sheet metal contractor certified to do
  881  business in this state and actively engaged in the profession.
  882  The Florida Roofing, Sheet Metal, and Air Conditioning
  883  Contractors Association and the Sheet Metal and Air Conditioning
  884  Contractors National Association are encouraged to recommend a
  885  list of candidates for consideration.
  886         (i) One residential contractor licensed to do business in
  887  this state and actively engaged in the profession. The Florida
  888  Home Builders Association is encouraged to recommend a list of
  889  candidates for consideration.
  890         (j) Three members who are municipal or district codes
  891  enforcement officials, one of whom is also a fire official. The
  892  Building Officials Association of Florida and the Florida Fire
  893  Marshals and Inspectors Association are encouraged to recommend
  894  a list of candidates for consideration.
  895         (k) One member who represents the Department of Financial
  896  Services.
  897         (l) One member who is a county codes enforcement official.
  898  The Building Officials Association of Florida is encouraged to
  899  recommend a list of candidates for consideration.
  900         (m) One member of a Florida-based organization of persons
  901  with disabilities or a nationally chartered organization of
  902  persons with disabilities with chapters in this state.
  903         (n) One member of the manufactured buildings industry who
  904  is licensed to do business in this state and is actively engaged
  905  in the industry. The Florida Manufactured Housing Association is
  906  encouraged to recommend a list of candidates for consideration.
  907         (o) One mechanical or electrical engineer registered to
  908  practice in this state and actively engaged in the profession.
  909  The Florida Engineering Society is encouraged to recommend a
  910  list of candidates for consideration.
  911         (p) One member who is a representative of a municipality or
  912  a charter county. The Florida League of Cities and the Florida
  913  Association of Counties are encouraged to recommend a list of
  914  candidates for consideration.
  915         (q) One member of the building products manufacturing
  916  industry who is authorized to do business in this state and is
  917  actively engaged in the industry. The Florida Building Material
  918  Association, the Florida Concrete and Products Association, and
  919  the Fenestration Manufacturers Association are encouraged to
  920  recommend a list of candidates for consideration.
  921         (r) One member who is a representative of the building
  922  owners and managers industry who is actively engaged in
  923  commercial building ownership or management. The Building Owners
  924  and Managers Association is encouraged to recommend a list of
  925  candidates for consideration.
  926         (s) One member who is a representative of the insurance
  927  industry. The Florida Insurance Council is encouraged to
  928  recommend a list of candidates for consideration.
  929         (t) One member who is a representative of public education.
  930         (u) One member who is a swimming pool contractor licensed
  931  to do business in this state and actively engaged in the
  932  profession. The Florida Swimming Pool Association and the United
  933  Pool and Spa Association are encouraged to recommend a list of
  934  candidates for consideration.
  935         (v) One member who is a representative of the green
  936  building industry and who is a third-party commission agent, a
  937  Florida board member of the United States Green Building Council
  938  or Green Building Initiative, a professional who is accredited
  939  under the International Green Construction Code (IGCC), or a
  940  professional who is accredited under Leadership in Energy and
  941  Environmental Design (LEED).
  942         (w) One member who is a representative of a natural gas
  943  distribution system and who is actively engaged in the
  944  distribution of natural gas in this state. The Florida Natural
  945  Gas Association is encouraged to recommend a list of candidates
  946  for consideration.
  947         (x)(w) One member who shall be the chair.
  948  
  949         Any person serving on the commission under paragraph (c) or
  950  paragraph (h) on October 1, 2003, and who has served less than
  951  two full terms is eligible for reappointment to the commission
  952  regardless of whether he or she meets the new qualification.
  953         Section 17. Subsection (18) is added to section 553.79,
  954  Florida Statutes, to read:
  955         553.79 Permits; applications; issuance; inspections.—
  956         (18) For the purpose of inspection and record retention,
  957  site plans for a building may be maintained in the form of an
  958  electronic copy at the worksite. These plans must be open to
  959  inspection by the building official or a duly authorized
  960  representative, as required by the Florida Building Code.
  961         Section 18. Paragraph (a) of subsection (5) of section
  962  553.842, Florida Statutes, is amended to read:
  963         553.842 Product evaluation and approval.—
  964         (5) Statewide approval of products, methods, or systems of
  965  construction may be achieved by one of the following methods.
  966  One of these methods must be used by the commission to approve
  967  the following categories of products: panel walls, exterior
  968  doors, roofing, skylights, windows, shutters, impact protective
  969  systems, and structural components as established by the
  970  commission by rule. A product may not be advertised, sold,
  971  offered, provided, distributed, or marketed as hurricane,
  972  windstorm, or impact protection from wind-borne debris from a
  973  hurricane or windstorm unless it is approved pursuant to this
  974  section or s. 553.8425. Any person who advertises, sells,
  975  offers, provides, distributes, or markets a product as
  976  hurricane, windstorm, or impact protection from wind-borne
  977  debris without such approval is subject to the Florida Deceptive
  978  and Unfair Trade Practices Act under part II of chapter 501
  979  brought by the enforcing authority as defined in s. 501.203.
  980         (a) Products for which the code establishes standardized
  981  testing or comparative or rational analysis methods shall be
  982  approved by submittal and validation of one of the following
  983  reports or listings indicating that the product or method or
  984  system of construction was in compliance with the Florida
  985  Building Code and that the product or method or system of
  986  construction is, for the purpose intended, at least equivalent
  987  to that required by the Florida Building Code:
  988         1. A certification mark or listing of an approved
  989  certification agency, which may be used only for products for
  990  which the code designates standardized testing;
  991         2. A test report from an approved testing laboratory;
  992         3. A product evaluation report based upon testing or
  993  comparative or rational analysis, or a combination thereof, from
  994  an approved product evaluation entity; or
  995         4. A product evaluation report based upon testing or
  996  comparative or rational analysis, or a combination thereof,
  997  developed and signed and sealed by a professional engineer or
  998  architect, licensed in this state.
  999  
 1000         A product evaluation report or a certification mark or
 1001  listing of an approved certification agency which demonstrates
 1002  that the product or method or system of construction complies
 1003  with the Florida Building Code for the purpose intended is
 1004  equivalent to a test report and test procedure referenced in the
 1005  Florida Building Code. An application for state approval of a
 1006  product under subparagraph 1. or 3. must be approved by the
 1007  department after the commission staff or a designee verifies
 1008  that the application and related documentation are complete.
 1009  This verification must be completed within 10 business days
 1010  after receipt of the application. Upon approval by the
 1011  department, the product shall be immediately added to the list
 1012  of state-approved products maintained under subsection (13).
 1013  Approvals by the department shall be reviewed and ratified by
 1014  the commission’s program oversight committee except for a
 1015  showing of good cause that a review by the full commission is
 1016  necessary. The commission shall adopt rules providing means to
 1017  cure deficiencies identified within submittals for products
 1018  approved under this paragraph.
 1019         Section 19. Section 553.901, Florida Statutes, is amended
 1020  to read:
 1021         553.901 Purpose of thermal efficiency code.—The Department
 1022  of Business and Professional Regulation shall prepare a thermal
 1023  efficiency code to provide for a statewide uniform standard for
 1024  energy efficiency in the thermal design and operation of all
 1025  buildings statewide, consistent with energy conservation goals,
 1026  and to best provide for public safety, health, and general
 1027  welfare. The Florida Building Commission shall adopt the Florida
 1028  Building Code-Energy Conservation Florida Energy Efficiency Code
 1029  for Building Construction within the Florida Building Code, and
 1030  shall modify, revise, update, and maintain the code to implement
 1031  the provisions of this thermal efficiency code and amendments
 1032  thereto, in accordance with the procedures of chapter 120. The
 1033  department shall, at least triennially, determine the most cost
 1034  effective energy-saving equipment and techniques available and
 1035  report its determinations to the commission, which shall update
 1036  the code to incorporate such equipment and techniques. The
 1037  proposed changes shall be made available for public review and
 1038  comment no later than 6 months before prior to code
 1039  implementation. The term “cost-effective,” as used in for the
 1040  purposes of this part, means shall be construed to mean cost
 1041  effective to the consumer.
 1042         Section 20. Section 553.902, Florida Statutes, is reordered
 1043  and amended to read:
 1044         553.902 Definitions.—As used in For the purposes of this
 1045  part, the term:
 1046         (2)(1) “Exempted building” means:
 1047         (a) A Any building or portion thereof whose peak design
 1048  rate of energy usage for all purposes is less than 1 watt (3.4
 1049  Btu per hour) per square foot of floor area for all purposes.
 1050         (b) A Any building that which is neither heated nor cooled
 1051  by a mechanical system designed to control or modify the indoor
 1052  temperature and powered by electricity or fossil fuels.
 1053         (c) A Any building for which federal mandatory standards
 1054  preempt state energy codes.
 1055         (d) A Any historical building as described in s.
 1056  267.021(3).
 1057  
 1058         The Florida Building Commission may recommend to the
 1059  Legislature additional types of buildings which should be
 1060  exempted from compliance with the Florida Building Code-Energy
 1061  Conservation Florida Energy Efficiency Code for Building
 1062  Construction.
 1063         (4)(2) “HVAC” means a system of heating, ventilating, and
 1064  air-conditioning.
 1065         (6)(3) “Renovated building” means a residential or
 1066  nonresidential building undergoing alteration that varies or
 1067  changes insulation, HVAC systems, water heating systems, or
 1068  exterior envelope conditions, if provided the estimated cost of
 1069  renovation exceeds 30 percent of the assessed value of the
 1070  structure.
 1071         (5)(4) “Local enforcement agency” means the agency of local
 1072  government which has the authority to make inspections of
 1073  buildings and to enforce the Florida Building Code. The term It
 1074  includes any agency within the definition of s. 553.71(5).
 1075         (3)(5) “Exterior envelope physical characteristics” means
 1076  the physical nature of those elements of a building which
 1077  enclose conditioned spaces through which energy may be
 1078  transferred to or from the exterior.
 1079         (1)(6) “Energy performance level” means the indicator of
 1080  the energy-related performance of a building, including, but not
 1081  limited to, the levels of insulation, the amount and type of
 1082  glass, and the HVAC and water heating system efficiencies.
 1083         Section 21. Section 553.903, Florida Statutes, is amended
 1084  to read:
 1085         553.903 Applicability.—This part applies shall apply to all
 1086  new and renovated buildings in the state, except exempted
 1087  buildings, for which building permits are obtained after March
 1088  15, 1979, and to the installation or replacement of building
 1089  systems and components with new products for which thermal
 1090  efficiency standards are set by the Florida Building Code-Energy
 1091  Conservation Florida Energy Efficiency Code for Building
 1092  Construction. The provisions of this part shall constitute a
 1093  statewide uniform code.
 1094         Section 22. Section 553.904, Florida Statutes, is amended
 1095  to read:
 1096         553.904 Thermal efficiency standards for new nonresidential
 1097  buildings.—Thermal designs and operations for new nonresidential
 1098  buildings for which building permits are obtained after March
 1099  15, 1979, must shall at a minimum take into account exterior
 1100  envelope physical characteristics, including thermal mass; HVAC,
 1101  service water heating, energy distribution, lighting, energy
 1102  managing, and auxiliary systems design and selection; and HVAC,
 1103  service water heating, energy distribution, lighting, energy
 1104  managing, and auxiliary equipment performance, and are shall not
 1105  be required to meet standards more stringent than the provisions
 1106  of the Florida Building Code-Energy Conservation Florida Energy
 1107  Efficiency Code for Building Construction.
 1108         Section 23. Section 553.905, Florida Statutes, is amended
 1109  to read:
 1110         553.905 Thermal efficiency standards for new residential
 1111  buildings.—Thermal designs and operations for new residential
 1112  buildings for which building permits are obtained after March
 1113  15, 1979, must shall at a minimum take into account exterior
 1114  envelope physical characteristics, HVAC system selection and
 1115  configuration, HVAC equipment performance, and service water
 1116  heating design and equipment selection and are shall not be
 1117  required to meet standards more stringent than the provisions of
 1118  the Florida Building Code-Energy Conservation Florida Energy
 1119  Efficiency Code for Building Construction. HVAC equipment
 1120  mounted in an attic or a garage is shall not be required to have
 1121  supplemental insulation in addition to that installed by the
 1122  manufacturer. All new residential buildings, except those herein
 1123  exempted, must shall have insulation in ceilings rated at R-19
 1124  or more, space permitting. Thermal efficiency standards do not
 1125  apply to a building of less than 1,000 square feet which is not
 1126  primarily used as a principal residence and which is constructed
 1127  and owned by a natural person for hunting or similar
 1128  recreational purposes; however, no such person may not build
 1129  more than one exempt building in any 12-month period.
 1130         Section 24. Section 553.906, Florida Statutes, is amended
 1131  to read:
 1132         553.906 Thermal efficiency standards for renovated
 1133  buildings.—Thermal designs and operations for renovated
 1134  buildings for which building permits are obtained after March
 1135  15, 1979, must shall take into account insulation; windows;
 1136  infiltration; and HVAC, service water heating, energy
 1137  distribution, lighting, energy managing, and auxiliary systems
 1138  design and equipment selection and performance. Such buildings
 1139  are shall not be required to meet standards more stringent than
 1140  the provisions of the Florida Building Code-Energy Conservation
 1141  Florida Energy Efficiency Code for Building Construction. These
 1142  standards apply only to those portions of the structure which
 1143  are actually renovated.
 1144         Section 25. Section 553.912, Florida Statutes, is amended
 1145  to read:
 1146         553.912 Air conditioners.—All air conditioners that are
 1147  sold or installed in the state must shall meet the minimum
 1148  efficiency ratings of the Florida Building Code-Energy
 1149  Conservation Energy Efficiency Code for Building Construction.
 1150  These efficiency ratings must shall be minimums and may be
 1151  updated in the Florida Building Code-Energy Conservation Florida
 1152  Energy Efficiency Code for Building Construction by the
 1153  department in accordance with s. 553.901, following its
 1154  determination that more cost-effective energy-saving equipment
 1155  and techniques are available. It is the intent of the
 1156  Legislature that all replacement air-conditioning systems in
 1157  residential applications be installed using energy-saving,
 1158  quality installation procedures, including, but not limited to,
 1159  equipment sizing analysis and duct inspection. Notwithstanding
 1160  this section, existing heating and cooling equipment in
 1161  residential applications need not meet the minimum equipment
 1162  efficiencies, including system sizing and duct sealing.
 1163         Section 26. Section 553.991, Florida Statutes, is amended
 1164  to read:
 1165         553.991 Purpose.—The purpose of this part is to identify
 1166  systems provide for a statewide uniform system for rating the
 1167  energy efficiency of buildings. It is in the interest of the
 1168  state to encourage the consideration of the energy-efficiency
 1169  rating systems system in the market so as to provide market
 1170  rewards for energy-efficient buildings and to those persons or
 1171  companies designing, building, or selling energy-efficient
 1172  buildings.
 1173         Section 27. Section 553.992, Florida Statutes, is repealed.
 1174         Section 28. Section 553.993, Florida Statutes, is amended
 1175  to read:
 1176         553.993 Definitions.—For purposes of this part:
 1177         (1) “Acquisition” means to gain the sole or partial use of
 1178  a building through a purchase agreement.
 1179         (2) “Builder” means the primary contractor who possesses
 1180  the requisite skill, knowledge, and experience, and has the
 1181  responsibility, to supervise, direct, manage, and control the
 1182  contracting activities of the business organization with which
 1183  she or he is connected and who has the responsibility to
 1184  supervise, direct, manage, and control the construction work on
 1185  a job for which she or he has obtained the building permit.
 1186  Construction work includes, but is not limited to, foundation,
 1187  framing, wiring, plumbing, and finishing work.
 1188         (3) “Building energy-efficiency rating system” means a
 1189  whole building energy evaluation system established by the
 1190  Residential Energy Services Network, the Commercial Energy
 1191  Services Network, the Building Performance Institute, or the
 1192  Florida Solar Energy Center.
 1193         (4)(3) “Designer” means the architect, engineer, landscape
 1194  architect, builder, interior designer, or other person who
 1195  performs the actual design work or under whose direct
 1196  supervision and responsible charge the construction documents
 1197  are prepared.
 1198         (5) “Energy auditor” means a trained and certified
 1199  professional who conducts energy evaluations of an existing
 1200  building and uses tools to identify the building’s current
 1201  energy usage and the condition of the building and equipment.
 1202         (6) “Energy-efficiency rating” means an unbiased indication
 1203  of a building’s relative energy efficiency based on consistent
 1204  inspection procedures, operating assumptions, climate data, and
 1205  calculation methods.
 1206         (7) “Energy rater” means an individual certified by a
 1207  building energy-efficiency rating system to perform building
 1208  energy-efficiency ratings for the building type and in the
 1209  rating class for which the rater is certified.
 1210         (8)(4) “New building” means commercial occupancy buildings
 1211  permitted for construction after January 1, 1995, and
 1212  residential occupancy buildings permitted for construction after
 1213  January 1, 1994.
 1214         (9)(5) “Public building” means a building comfort
 1215  conditioned for occupancy that is owned or leased by the state,
 1216  a state agency, or a governmental subdivision, including, but
 1217  not limited to, a city, county, or school district.
 1218         Section 29. Section 553.994, Florida Statutes, is amended
 1219  to read:
 1220         553.994 Applicability.—Building energy-efficiency The
 1221  rating systems system shall apply to all public, commercial, and
 1222  residential buildings in the state.
 1223         Section 30. Section 553.995, Florida Statutes, is amended
 1224  to read:
 1225         553.995 Energy-efficiency ratings for buildings.—
 1226         (1) Building The energy-efficiency rating systems must,
 1227  system shall at a minimum:
 1228         (a) Provide a uniform rating scale of the efficiency of
 1229  buildings based on annual energy usage.
 1230         (a)(b) Take into account local climate conditions,
 1231  construction practices, and building use.
 1232         (b)(c) Be compatible with standard federal rating systems
 1233  and state building codes and standards, where applicable, and
 1234  shall satisfy the requirements of s. 553.9085 with respect to
 1235  residential buildings and s. 255.256 with respect to state
 1236  buildings.
 1237         (c)(2)The energy-efficiency rating system adopted by the
 1238  department shall Provide a means of analyzing and comparing the
 1239  relative energy efficiency of buildings upon the sale of new or
 1240  existing residential, public, or commercial buildings.
 1241         (3) The department shall establish a voluntary working
 1242  group of persons interested in the energy-efficiency rating
 1243  system or energy efficiency, including, but not limited to, such
 1244  persons as electrical engineers, mechanical engineers,
 1245  architects, public utilities, and builders. The interest group
 1246  shall advise the department in the development of the energy
 1247  efficiency rating system and shall assist the department in the
 1248  implementation of the rating system by coordinating educational
 1249  programs for designers, builders, businesses, and other
 1250  interested persons to assist compliance and to facilitate
 1251  incorporation of the rating system into existing practices.
 1252         (2)(a)(4)The department shall develop a training and
 1253  certification program to certify raters. In addition to the
 1254  department, Ratings may be conducted by a any local government
 1255  or private entity if, provided that the appropriate persons have
 1256  completed the necessary training established by the applicable
 1257  building energy-efficiency rating system and have been certified
 1258  by the department.
 1259         (b) The Department of Management Services shall rate state
 1260  owned or state-leased buildings if, provided that the
 1261  appropriate persons have completed the necessary training
 1262  established by the applicable building energy-efficiency rating
 1263  system and have been certified by the Department of Business and
 1264  Professional Regulation.
 1265         (c) A state agency that which has building construction
 1266  regulation authority may rate its own buildings and those it is
 1267  responsible for, if the appropriate persons have completed the
 1268  necessary training established by the applicable building
 1269  energy-efficiency rating system and have been certified by the
 1270  Department of Business and Professional Regulation. The
 1271  Department of Business and Professional Regulation may charge a
 1272  fee not to exceed the costs for the training and certification
 1273  of raters. The department shall by rule set the appropriate
 1274  charges for raters to charge for energy ratings, not to exceed
 1275  the actual costs.
 1276         Section 31. Section 553.996, Florida Statutes, is amended
 1277  to read:
 1278         553.996 Energy-efficiency information provided by building
 1279  energy-efficiency rating systems providers brochure.—A
 1280  prospective purchaser of real property with a building for
 1281  occupancy located thereon shall be provided with a copy of an
 1282  information brochure, at the time of or before prior to the
 1283  purchaser’s execution of the contract for sale and purchase
 1284  which notifies, notifying the purchaser of the option for an
 1285  energy-efficiency rating on the building. Building energy
 1286  efficiency rating system providers identified in this part shall
 1287  prepare such information and make it available for distribution
 1288  Such brochure shall be prepared, made available for
 1289  distribution, and provided at no cost by the department. Such
 1290  brochure shall contain information relevant to that class of
 1291  building must include, including, but need not be limited to:
 1292         (1) How to analyze the building’s energy-efficiency rating.
 1293         (2) Comparisons to statewide averages for new and existing
 1294  construction of that class.
 1295         (3) Information concerning methods to improve the
 1296  building’s energy-efficiency rating.
 1297         (4) A notice to residential purchasers that the energy
 1298  efficiency rating may qualify the purchaser for an energy
 1299  efficient mortgage from lending institutions.
 1300         Section 32. Subsection (2) of section 553.997, Florida
 1301  Statutes, is amended to read:
 1302         553.997 Public buildings.—
 1303         (2) The department, together with other State agencies
 1304  having building construction and maintenance responsibilities,
 1305  shall make available energy-efficiency practices information to
 1306  be used by individuals involved in the design, construction,
 1307  retrofitting, and maintenance of buildings for state and local
 1308  governments.
 1309         Section 33. Section 553.998, Florida Statutes, is amended
 1310  to read:
 1311         553.998 Compliance.—All ratings must shall be determined
 1312  using tools and procedures developed by the systems recognized
 1313  under this part adopted by the department by rule in accordance
 1314  with chapter 120 and must shall be certified by the rater as
 1315  accurate and correct and in compliance with procedures of the
 1316  system under which the rater is certified adopted by the
 1317  department by rule in accordance with chapter 120.
 1318         Section 34. Except as otherwise explicitly stated
 1319  elsewhere, this act shall take effect July 1, 2013.
 1320  
 1321  
 1322  ================= T I T L E  A M E N D M E N T ================
 1323         And the title is amended as follows:
 1324         Delete everything before the enacting clause
 1325  and insert:
 1326                        A bill to be entitled                      
 1327         An act relating to building construction; amending s.
 1328         162.12, F.S.; revising notice requirements in the
 1329         Local Government Code Enforcement Boards Act;
 1330         amending ss. 255.20 and 255.2575, F.S.; requiring
 1331         governmental entities to specify certain products
 1332         associated with public works projects; providing for
 1333         applicability; amending s. 255.257, F.S.; requiring
 1334         state agencies to use certain building rating systems
 1335         and building codes for each new construction and
 1336         renovation project; amending s. 381.0065, F.S.;
 1337         specifying that certain actions relating to onsite
 1338         sewage treatment and removal are not required if a
 1339         bedroom is not added during a remodeling addition or
 1340         modification to a single-family home; prohibiting a
 1341         remodeling addition or modification from certain
 1342         coverage or encroachment; authorizing a local health
 1343         board to review specific plans; requiring a review to
 1344         be completed within a specific time period after
 1345         receipt of specific plans; amending s. 489.103, F.S.;
 1346         providing for additional exemptions; amending s.
 1347         489.105, F.S.; revising definitions; amending s.
 1348         489.111, F.S.; revising eligibility criteria to take
 1349         the swimming pool/spa examination; providing that
 1350         amendments to s. 489.113(2), F.S., enacted in s. 11,
 1351         ch. 2012-13, Laws of Florida, are remedial and
 1352         intended to clarify existing law; providing for
 1353         retroactivity; amending s. 489.127, F.S.; revising
 1354         civil penalties; authorizing a local building
 1355         department to retain 75 percent of certain fines
 1356         collected if it transmits 25 percent to the Department
 1357         of Business and Professional Regulation; amending s.
 1358         489.131, F.S.; deleting legislative intent referring
 1359         to a local agency’s enforcement of regulatory laws;
 1360         deleting the definitions of “minor violation” and
 1361         “notice of noncompliance”; deleting provisions that
 1362         provide for what a notice of noncompliance should or
 1363         should not include; deleting a provision that provides
 1364         for further disciplinary proceedings for certain
 1365         licensees; amending s. 489.514, F.S.; extending the
 1366         date by which an applicant must make application for a
 1367         license to be grandfathered; amending s. 489.531,
 1368         F.S.; revising maximum civil penalties for specified
 1369         violations; amending s. 553.71, F.S.; providing a
 1370         definition for the term “local technical amendment”;
 1371         amending s. 553.73, F.S.; prohibiting any provision of
 1372         the International Residential Code relating to
 1373         mandated fire sprinklers from incorporation into the
 1374         Florida Building Code; amending s. 553.74, F.S.;
 1375         revising membership of the Florida Building
 1376         Commission; amending s. 553.79, F.S.; authorizing a
 1377         site plan to be maintained at the worksite as an
 1378         electronic copy; requiring the copy to be open to
 1379         inspection by certain officials; amending s. 553.842,
 1380         F.S.; requiring an application for state approval of a
 1381         certain product to be approved by the department after
 1382         the application and related documentation are
 1383         complete; amending ss. 553.901, 553.902, 553.903,
 1384         553.904, 553.905, and 553.906, F.S.; requiring the
 1385         Florida Building Commission to adopt the Florida
 1386         Building Code-Energy Conservation; conforming
 1387         subsequent sections of the thermal efficiency code;
 1388         amending s. 553.912, F.S.; requiring replacement air
 1389         conditioning systems in residential applications to
 1390         use energy-saving quality installation procedures;
 1391         providing that certain existing heating and cooling
 1392         equipment is not required to meet the minimum
 1393         equipment efficiencies; amending s. 553.991, F.S.;
 1394         revising the purpose of the Florida Building Energy
 1395         Efficiency Rating Act; repealing s. 553.992, F.S.,
 1396         relating to the adoption of a rating system; amending
 1397         s. 553.993, F.S.; providing definitions; amending s.
 1398         553.994, F.S.; providing for the applicability of
 1399         building energy-efficiency rating systems; amending s.
 1400         553.995, F.S.; deleting a minimum requirement for the
 1401         building energy-efficiency rating systems; revising
 1402         language; deleting provisions relating to a certain
 1403         interest group; deleting provisions relating to the
 1404         Department of Business and Professional Regulation;
 1405         amending s. 553.996, F.S.; requiring building energy
 1406         efficiency rating system providers to provide certain
 1407         information; amending s. 553.997, F.S.; deleting a
 1408         provision relating to the department; amending s.
 1409         553.998, F.S.; revising provisions relating to rating
 1410         compliance; providing effective dates. providing an
 1411         effective date.