Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1044
       
       
       
       
       
       
                                Ì725694LÎ725694                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2014           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 361
    4  and insert:
    5         Section 10. 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, and at the option of the local
   11  government return receipt requested, to the address listed in
   12  the tax collector’s office for tax notices or to the address
   13  listed in the county property appraiser’s database. The local
   14  government may also provide an additional notice to any other
   15  address it may find for the property owner. For property owned
   16  by a corporation, notices may be provided by certified mail to
   17  the registered agent of the corporation. If any notice sent by
   18  certified mail is not signed as received within 30 days after
   19  the postmarked date of mailing, notice may be provided by
   20  posting as described in subparagraphs (2)(b)1. and 2.;
   21         (b) Hand delivery by the sheriff or other law enforcement
   22  officer, code inspector, or other person designated by the local
   23  governing body;
   24         (c) Leaving the notice at the violator’s usual place of
   25  residence with any person residing therein who is above 15 years
   26  of age and informing such person of the contents of the notice;
   27  or
   28         (d) In the case of commercial premises, leaving the notice
   29  with the manager or other person in charge.
   30         (2) In addition to providing notice as set forth in
   31  subsection (1), at the option of the code enforcement board or
   32  the local government, notice may be served by publication or
   33  posting, as follows:
   34         (a)1. Such notice shall be published once during each week
   35  for 4 consecutive weeks (four publications being sufficient) in
   36  a newspaper of general circulation in the county where the code
   37  enforcement board is located. The newspaper shall meet such
   38  requirements as are prescribed under chapter 50 for legal and
   39  official advertisements.
   40         2. Proof of publication shall be made as provided in ss.
   41  50.041 and 50.051.
   42         (b)1. In lieu of publication as described in paragraph (a),
   43  such notice may be posted at least 10 days prior to the hearing,
   44  or prior to the expiration of any deadline contained in the
   45  notice, in at least two locations, one of which shall be the
   46  property upon which the violation is alleged to exist and the
   47  other of which shall be, in the case of municipalities, at the
   48  primary municipal government office, and in the case of
   49  counties, at the front door of the courthouse or the main county
   50  governmental center in said county.
   51         2. Proof of posting shall be by affidavit of the person
   52  posting the notice, which affidavit shall include a copy of the
   53  notice posted and the date and places of its posting.
   54         (c) Notice by publication or posting may run concurrently
   55  with, or may follow, an attempt or attempts to provide notice by
   56  hand delivery or by mail as required under subsection (1).
   57         (3) Evidence that an attempt has been made to hand deliver
   58  or mail notice as provided in subsection (1), together with
   59  proof of publication or posting as provided in subsection (2),
   60  shall be sufficient to show that the notice requirements of this
   61  part have been met, without regard to whether or not the alleged
   62  violator actually received such notice.
   63         Section 11. Paragraph (b) of subsection (3) of section
   64  373.323, Florida Statutes, is amended to read:
   65         373.323 Licensure of water well contractors; application,
   66  qualifications, and examinations; equipment identification.—
   67         (3) An applicant who meets the following requirements shall
   68  be entitled to take the water well contractor licensure
   69  examination:
   70         (b) Has at least 2 years of experience in constructing,
   71  repairing, or abandoning water wells. Satisfactory proof of such
   72  experience shall be demonstrated by providing:
   73         1. Evidence of the length of time the applicant has been
   74  engaged in the business of the construction, repair, or
   75  abandonment of water wells as a major activity, as attested to
   76  by a letter from three of the following persons:
   77         a. a water well contractor and a letter from.
   78         b. A water well driller.
   79         c. A water well parts and equipment vendor.
   80         d. a water well inspector employed by a governmental
   81  agency.
   82         2. A list of at least 10 water wells that the applicant has
   83  constructed, repaired, or abandoned within the preceding 5
   84  years. Of these wells, at least seven must have been
   85  constructed, as defined in s. 373.303(2), by the applicant. The
   86  list shall also include:
   87         a. The name and address of the owner or owners of each
   88  well.
   89         b. The location, primary use, and approximate depth and
   90  diameter of each well that the applicant has constructed,
   91  repaired, or abandoned.
   92         c. The approximate date the construction, repair, or
   93  abandonment of each well was completed.
   94         Section 12. Section 440.103, Florida Statutes, is amended
   95  to read:
   96         440.103 Building permits; identification of minimum premium
   97  policy.—Every employer shall, as a condition to applying for and
   98  receiving a building permit, show proof and certify to the
   99  permit issuer that it has secured compensation for its employees
  100  under this chapter as provided in ss. 440.10 and 440.38. Such
  101  proof of compensation must be evidenced by a certificate of
  102  coverage issued by the carrier, a valid exemption certificate
  103  approved by the department, or a copy of the employer’s
  104  authority to self-insure and shall be presented, electronically
  105  or physically, each time the employer applies for a building
  106  permit. As provided in s. 553.79(19), for the purpose of
  107  inspection and record retention, site plans or building permits
  108  may be maintained at the worksite in the original form or in the
  109  form of an electronic copy. These plans and permits must be open
  110  to inspection by the building official or a duly authorized
  111  representative, as required by the Florida Building Code. As
  112  provided in s. 627.413(5), each certificate of coverage must
  113  show, on its face, whether or not coverage is secured under the
  114  minimum premium provisions of rules adopted by rating
  115  organizations licensed pursuant to s. 627.221. The words
  116  “minimum premium policy” or equivalent language shall be typed,
  117  printed, stamped, or legibly handwritten.
  118         Section 13. Subsection (5) of section 514.0115, Florida
  119  Statutes, is amended to read:
  120         514.0115 Exemptions from supervision or regulation;
  121  variances.—
  122         (5) The department may grant variances from any rule
  123  adopted under this chapter pursuant to procedures adopted by
  124  department rule. The department may also grant, pursuant to
  125  procedures adopted by department rule, variances from the
  126  provisions of the Florida Building Code specifically pertaining
  127  to public swimming pools and bathing places when requested by
  128  the pool owner or their representative to relieve hardship in
  129  cases involving deviations from the Florida Building Code
  130  provisions, when it is shown that the hardship was not caused
  131  intentionally by the action of the applicant, where no
  132  reasonable alternative exists, and the health and safety of the
  133  pool patrons is not at risk.
  134         Section 14. Effective October 1, 2014, section 514.03,
  135  Florida Statutes, is amended to read:
  136         514.03 Approval necessary to construct, develop, or modify
  137  public swimming pools or public bathing places.—
  138         (1) A person or public body desiring to construct, develop,
  139  or modify a public swimming pool must submit an application,
  140  containing the information required under s. 514.031(1)(a)1.-5.
  141  to the department for an operating permit before filing an
  142  application for a building permit under s. 553.79. A copy of the
  143  final inspection required under s. 514.031(1)(a)6. shall be
  144  submitted to the department upon receipt by the applicant. The
  145  application shall be deemed incomplete pursuant to s. 120.60
  146  until such copy is submitted to the department.
  147         (2) Local governments or local enforcement districts may
  148  determine compliance with the general construction standards of
  149  the Florida Building Code, pursuant to s. 553.80. Local
  150  governments or local enforcement districts may conduct plan
  151  reviews and inspections of public swimming pools and public
  152  bathing places for this purpose.
  153         Section 15. Effective October 1, 2014, paragraph (a) of
  154  subsection (1) of section 514.031, Florida Statutes, is amended,
  155  present paragraphs (b) and (c) of that subsection are
  156  redesignated as paragraphs (c) and (d), respectively, and a new
  157  paragraph (b) is added to that subsection, to read:
  158         514.031 Permit necessary to operate public swimming pool.—
  159         (1) It is unlawful for any person or public body to operate
  160  or continue to operate any public swimming pool without a valid
  161  permit from the department, such permit to be obtained in the
  162  following manner:
  163         (a) Any person or public body desiring to operate any
  164  public swimming pool shall file an application for an operating
  165  a permit with the department, on application forms provided by
  166  the department, and shall accompany such application with:
  167         1. A description of the structure, its appurtenances, and
  168  its operation.
  169         2.1.A description of the source or sources of water
  170  supply, and the amount and quality of water available and
  171  intended to be used.
  172         3.2.The method and manner of water purification,
  173  treatment, disinfection, and heating.
  174         4.3.The safety equipment and standards to be used.
  175         5. A copy of the final inspection from the local
  176  enforcement agency as defined in s. 553.71.
  177         6.4. Any other pertinent information deemed necessary by
  178  the department.
  179         (b) The applicant shall respond to a request for additional
  180  information due to an incomplete application for an operating
  181  permit pursuant to s. 120.60. Upon receipt of an application,
  182  whether complete or incomplete, as required in s. 514.03 and as
  183  set forth under this section, the department shall review and
  184  provide to the local enforcement agency and the applicant any
  185  comment or proposed modifications on the information received
  186  pursuant to subparagraphs 1.-5.
  187         Section 16. Paragraph (c) of subsection (1) of section
  188  553.37, Florida Statutes, is amended to read:
  189         553.37 Rules; inspections; and insignia.—
  190         (1) The Florida Building Commission shall adopt within the
  191  Florida Building Code requirements for construction or
  192  modification of manufactured buildings and building modules, to
  193  address:
  194         (c) Minimum Inspection criteria, which shall require the
  195  approved inspection agency to:
  196         1. Observe the first building built, or with regard to
  197  components, observe the first unit assembled, after
  198  certification of the manufacturer, from start to finish,
  199  inspecting all subsystems: electrical, plumbing, structural,
  200  mechanical, or thermal.
  201         2. Continue observation of the manufacturing process until
  202  the approved inspection agency determines that the
  203  manufacturer’s quality control program, in conjunction with the
  204  application of the plans approved by the approved inspection
  205  agency, will result in a building and components that meet or
  206  exceed the applicable Florida Building Code requirements.
  207         3. Thereafter, inspect each module produced during at least
  208  one point of the manufacturing process and inspect at least 75
  209  percent of the subsystems of each module: electrical, plumbing,
  210  structural, mechanical, or thermal.
  211         4. With respect to components, inspect at least 75 percent
  212  of the manufactured building components and at least 20 percent
  213  of the storage sheds that are not designed for human habitation
  214  and that have a floor area of 720 square feet or less.
  215         Section 17. Section 553.721, Florida Statutes, is amended
  216  to read:
  217         553.721 Surcharge.—In order for the Department of Business
  218  and Professional Regulation to administer and carry out the
  219  purposes of this part and related activities, there is created a
  220  surcharge, to be assessed at the rate of 1.5 percent of the
  221  permit fees associated with enforcement of the Florida Building
  222  Code as defined by the uniform account criteria and specifically
  223  the uniform account code for building permits adopted for local
  224  government financial reporting pursuant to s. 218.32. The
  225  minimum amount collected on any permit issued shall be $2. The
  226  unit of government responsible for collecting a permit fee
  227  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  228  surcharge and electronically remit the funds collected to the
  229  department on a quarterly calendar basis for the preceding
  230  quarter and continuing each third month thereafter. The unit of
  231  government shall retain 10 percent of the surcharge collected to
  232  fund the participation of building departments in the national
  233  and state building code adoption processes and to provide
  234  education related to enforcement of the Florida Building Code.
  235  All funds remitted to the department pursuant to this section
  236  shall be deposited in the Professional Regulation Trust Fund.
  237  Funds collected from the surcharge shall be allocated to fund
  238  the Florida Building Commission and the Florida Building Code
  239  Compliance and Mitigation Program under s. 553.841. Beginning in
  240  the 2013-2014 fiscal year, Funds allocated to the Florida
  241  Building Code Compliance and Mitigation Program shall be
  242  $925,000 each fiscal year. The funds collected from the
  243  surcharge may not be used to fund research on techniques for
  244  mitigation of radon in existing buildings. Funds used by the
  245  department as well as funds to be transferred to the Department
  246  of Health shall be as prescribed in the annual General
  247  Appropriations Act. The department shall adopt rules governing
  248  the collection and remittance of surcharges pursuant to chapter
  249  120.
  250         Section 18. Subsection (15) of section 553.73, Florida
  251  Statutes, is amended, and subsection (18) is added to that
  252  section, to read:
  253         553.73 Florida Building Code.—
  254         (15) An agency or local government may not require that
  255  existing mechanical equipment located on or above the surface of
  256  a roof be installed in compliance with the requirements of the
  257  Florida Building Code except when until the equipment is being
  258  required to be removed or replaced or moved during reroofing and
  259  is not in compliance with the provisions of the Florida Building
  260  Code relating to roof-mounted mechanical units.
  261         (18) In a single-family dwelling, make-up air is not
  262  required for range hood exhaust systems capable of exhausting:
  263         (a) 400 cubic feet per minute or less; or
  264         (b) More than 400 cubic feet per minute but no more than
  265  800 cubic feet per minute if there are no gravity vent
  266  appliances within the conditioned living space of the structure.
  267         Section 19. Subsection (7) is added to section 553.77,
  268  Florida Statutes, to read:
  269         553.77 Specific powers of the commission.—
  270         (7) Building officials shall recognize and enforce variance
  271  orders issued by the Department of Health pursuant to s.
  272  514.0155(5)(a), including any conditions attached to the
  273  granting of the variance.
  274         Section 20. Section 553.775, Florida Statutes, is amended
  275  to read:
  276         553.775 Interpretations.—
  277         (1) It is the intent of the Legislature that the Florida
  278  Building Code and the Florida Accessibility Code for Building
  279  Construction be interpreted by building officials, local
  280  enforcement agencies, and the commission in a manner that
  281  protects the public safety, health, and welfare at the most
  282  reasonable cost to the consumer by ensuring uniform
  283  interpretations throughout the state and by providing processes
  284  for resolving disputes regarding interpretations of the Florida
  285  Building Code and the Florida Accessibility Code for Building
  286  Construction which are just and expeditious.
  287         (2) Local enforcement agencies, local building officials,
  288  state agencies, and the commission shall interpret provisions of
  289  the Florida Building Code and the Florida Accessibility Code for
  290  Building Construction in a manner that is consistent with
  291  declaratory statements and interpretations entered by the
  292  commission, except that conflicts between the Florida Fire
  293  Prevention Code and the Florida Building Code shall be resolved
  294  in accordance with s. 553.73(11)(c) and (d).
  295         (3) The following procedures may be invoked regarding
  296  interpretations of the Florida Building Code or the Florida
  297  Accessibility Code for Building Construction:
  298         (a) Upon written application by any substantially affected
  299  person or state agency or by a local enforcement agency, the
  300  commission shall issue declaratory statements pursuant to s.
  301  120.565 relating to the enforcement or administration by local
  302  governments of the Florida Building Code or the Florida
  303  Accessibility Code for Building Construction.
  304         (b) When requested in writing by any substantially affected
  305  person or state agency or by a local enforcement agency, the
  306  commission shall issue a declaratory statement pursuant to s.
  307  120.565 relating to this part and ss. 515.25, 515.27, 515.29,
  308  and 515.37. Actions of the commission are subject to judicial
  309  review under s. 120.68.
  310         (c) The commission shall review decisions of local building
  311  officials and local enforcement agencies regarding
  312  interpretations of the Florida Building Code or the Florida
  313  Accessibility Code for Building Construction after the local
  314  board of appeals has considered the decision, if such board
  315  exists, and if such appeals process is concluded within 25
  316  business days.
  317         1. The commission shall coordinate with the Building
  318  Officials Association of Florida, Inc., to designate panels
  319  composed of five members to hear requests to review decisions of
  320  local building officials. The members must be licensed as
  321  building code administrators under part XII of chapter 468 and
  322  must have experience interpreting and enforcing provisions of
  323  the Florida Building Code and the Florida Accessibility Code for
  324  Building Construction.
  325         2. Requests to review a decision of a local building
  326  official interpreting provisions of the Florida Building Code or
  327  the Florida Accessibility Code for Building Construction may be
  328  initiated by any substantially affected person, including an
  329  owner or builder subject to a decision of a local building
  330  official or an association of owners or builders having members
  331  who are subject to a decision of a local building official. In
  332  order to initiate review, the substantially affected person must
  333  file a petition with the commission. The commission shall adopt
  334  a form for the petition, which shall be published on the
  335  Building Code Information System. The form shall, at a minimum,
  336  require the following:
  337         a. The name and address of the county or municipality in
  338  which provisions of the Florida Building Code or the Florida
  339  Accessibility Code for Building Construction are being
  340  interpreted.
  341         b. The name and address of the local building official who
  342  has made the interpretation being appealed.
  343         c. The name, address, and telephone number of the
  344  petitioner; the name, address, and telephone number of the
  345  petitioner’s representative, if any; and an explanation of how
  346  the petitioner’s substantial interests are being affected by the
  347  local interpretation of the Florida Building Code or the Florida
  348  Accessibility Code for Building Construction.
  349         d. A statement of the provisions of the Florida Building
  350  Code or the Florida Accessibility Code for Building Construction
  351  which are being interpreted by the local building official.
  352         e. A statement of the interpretation given to provisions of
  353  the Florida Building Code or the Florida Accessibility Code for
  354  Building Construction by the local building official and the
  355  manner in which the interpretation was rendered.
  356         f. A statement of the interpretation that the petitioner
  357  contends should be given to the provisions of the Florida
  358  Building Code or the Florida Accessibility Code for Building
  359  Construction and a statement supporting the petitioner’s
  360  interpretation.
  361         g. Space for the local building official to respond in
  362  writing. The space shall, at a minimum, require the local
  363  building official to respond by providing a statement admitting
  364  or denying the statements contained in the petition and a
  365  statement of the interpretation of the provisions of the Florida
  366  Building Code or the Florida Accessibility Code for Building
  367  Construction which the local jurisdiction or the local building
  368  official contends is correct, including the basis for the
  369  interpretation.
  370         3. The petitioner shall submit the petition to the local
  371  building official, who shall place the date of receipt on the
  372  petition. The local building official shall respond to the
  373  petition in accordance with the form and shall return the
  374  petition along with his or her response to the petitioner within
  375  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  376  holidays. The petitioner may file the petition with the
  377  commission at any time after the local building official
  378  provides a response. If no response is provided by the local
  379  building official, the petitioner may file the petition with the
  380  commission 10 days after submission of the petition to the local
  381  building official and shall note that the local building
  382  official did not respond.
  383         4. Upon receipt of a petition that meets the requirements
  384  of subparagraph 2., the commission shall immediately provide
  385  copies of the petition to a panel, and the commission shall
  386  publish the petition, including any response submitted by the
  387  local building official, on the Building Code Information System
  388  in a manner that allows interested persons to address the issues
  389  by posting comments.
  390         5. The panel shall conduct proceedings as necessary to
  391  resolve the issues; shall give due regard to the petitions, the
  392  response, and to comments posed on the Building Code Information
  393  System; and shall issue an interpretation regarding the
  394  provisions of the Florida Building Code or the Florida
  395  Accessibility Code for Building Construction within 21 days
  396  after the filing of the petition. The panel shall render a
  397  determination based upon the Florida Building Code or the
  398  Florida Accessibility Code for Building Construction or, if the
  399  code is ambiguous, the intent of the code. The panel’s
  400  interpretation shall be provided to the commission, which shall
  401  publish the interpretation on the Building Code Information
  402  System and in the Florida Administrative Register. The
  403  interpretation shall be considered an interpretation entered by
  404  the commission, and shall be binding upon the parties and upon
  405  all jurisdictions subject to the Florida Building Code or the
  406  Florida Accessibility Code for Building Construction, unless it
  407  is superseded by a declaratory statement issued by the Florida
  408  Building Commission or by a final order entered after an appeal
  409  proceeding conducted in accordance with subparagraph 7.
  410         6. It is the intent of the Legislature that review
  411  proceedings be completed within 21 days after the date that a
  412  petition seeking review is filed with the commission, and the
  413  time periods set forth in this paragraph may be waived only upon
  414  consent of all parties.
  415         7. Any substantially affected person may appeal an
  416  interpretation rendered by a hearing officer panel by filing a
  417  petition with the commission. Such appeals shall be initiated in
  418  accordance with chapter 120 and the uniform rules of procedure
  419  and must be filed within 30 days after publication of the
  420  interpretation on the Building Code Information System or in the
  421  Florida Administrative Register. Hearings shall be conducted
  422  pursuant to chapter 120 and the uniform rules of procedure.
  423  Decisions of the commission are subject to judicial review
  424  pursuant to s. 120.68. The final order of the commission is
  425  binding upon the parties and upon all jurisdictions subject to
  426  the Florida Building Code or the Florida Accessibility Code for
  427  Building Construction.
  428         8. The burden of proof in any proceeding initiated in
  429  accordance with subparagraph 7. is on the party who initiated
  430  the appeal.
  431         9. In any review proceeding initiated in accordance with
  432  this paragraph, including any proceeding initiated in accordance
  433  with subparagraph 7., the fact that an owner or builder has
  434  proceeded with construction may not be grounds for determining
  435  an issue to be moot if the issue is one that is likely to arise
  436  in the future.
  437  
  438  This paragraph provides the exclusive remedy for addressing
  439  requests to review local interpretations of the Florida Building
  440  Code or the Florida Accessibility Code for Building Construction
  441  and appeals from review proceedings.
  442         (d) Upon written application by any substantially affected
  443  person, contractor, or designer, or a group representing a
  444  substantially affected person, contractor, or designer, the
  445  commission shall issue or cause to be issued a formal
  446  interpretation of the Florida Building Code or the Florida
  447  Accessibility Code for Building Construction as prescribed by
  448  paragraph (c).
  449         (e) Local decisions declaring structures to be unsafe and
  450  subject to repair or demolition are not subject to review under
  451  this subsection and may not be appealed to the commission if the
  452  local governing body finds that there is an immediate danger to
  453  the health and safety of the public.
  454         (f) Upon written application by any substantially affected
  455  person, the commission shall issue a declaratory statement
  456  pursuant to s. 120.565 relating to an agency’s interpretation
  457  and enforcement of the specific provisions of the Florida
  458  Building Code or the Florida Accessibility Code for Building
  459  Construction which the agency is authorized to enforce. This
  460  subsection does not provide any powers, other than advisory, to
  461  the commission with respect to any decision of the State Fire
  462  Marshal made pursuant to chapter 633.
  463         (g) The commission may designate a commission member who
  464  has demonstrated expertise in interpreting building plans to
  465  attend each meeting of the advisory council created in s.
  466  553.512. The commission member may vary from meeting to meeting,
  467  shall serve on the council in a nonvoting capacity, and shall
  468  receive per diem and expenses as provided in s. 553.74(3).
  469         (h) The commission shall by rule establish an informal
  470  process of rendering nonbinding interpretations of the Florida
  471  Building Code and the Florida Accessibility Code for Building
  472  Construction. The commission is specifically authorized to refer
  473  interpretive issues to organizations that represent those
  474  engaged in the construction industry. The commission shall
  475  immediately implement the process before completing formal
  476  rulemaking. It is the intent of the Legislature that the
  477  commission create a process to refer questions to a small,
  478  rotating group of individuals licensed under part XII of chapter
  479  468, to which a party may pose questions regarding the
  480  interpretation of code provisions. It is the intent of the
  481  Legislature that the process provide for the expeditious
  482  resolution of the issues presented and publication of the
  483  resulting interpretation on the Building Code Information
  484  System. Such interpretations shall be advisory only and
  485  nonbinding on the parties and the commission.
  486         (4) In order to administer this section, the commission may
  487  adopt by rule and impose a fee for filing requests for
  488  declaratory statements and binding and nonbinding
  489  interpretations to recoup the cost of the proceedings which may
  490  not exceed $125 for each request for a nonbinding interpretation
  491  and $250 for each request for a binding review or
  492  interpretation. For proceedings conducted by or in coordination
  493  with a third party, the rule may provide that payment be made
  494  directly to the third party, who shall remit to the department
  495  that portion of the fee necessary to cover the costs of the
  496  department.
  497         (5) The commission may render declaratory statements in
  498  accordance with s. 120.565 relating to the provisions of the
  499  Florida Accessibility Code for Building Construction not
  500  attributable to the Americans with Disabilities Act
  501  Accessibility Guidelines. Notwithstanding the other provisions
  502  of this section, the Florida Accessibility Code for Building
  503  Construction and chapter 11 of the Florida Building Code may not
  504  be interpreted by, and are not subject to review under, any of
  505  the procedures specified in this section. This subsection has no
  506  effect upon the commission’s authority to waive the Florida
  507  Accessibility Code for Building Construction as provided by s.
  508  553.512.
  509         Section 21. Effective October 1, 2014, present subsections
  510  (11) through (18) of section 553.79, Florida Statutes, are
  511  redesignated as subsections (12) through (19), respectively, a
  512  new subsection (11) is added to that section, and present
  513  subsection (18) is amended, to read:
  514         553.79 Permits; applications; issuance; inspections.—
  515         (11) The local enforcing agency may not issue a building
  516  permit to construct, develop, or modify a public swimming pool
  517  without proof of application, whether complete or incomplete,
  518  for an operating permit pursuant to s. 514.031. A certificate of
  519  completion or occupancy may not be issued until such operating
  520  permit is issued. The local enforcing agency shall conduct their
  521  review of the building permit application upon filing and in
  522  accordance with this chapter. The local enforcing agency may
  523  confer with the Department of Health, if necessary, but may not
  524  delay the building permit application review while awaiting
  525  comment from the Department of Health.
  526         (19)(18) For the purpose of inspection and record
  527  retention, site plans or building permits for a building may be
  528  maintained in the original form or in the form of an electronic
  529  copy at the worksite. These plans and permits must be open to
  530  inspection by the building official or a duly authorized
  531  representative, as required by the Florida Building Code.
  532         Section 22. Paragraph (b) of subsection (6) of section
  533  553.80, Florida Statutes, is amended to read:
  534         553.80 Enforcement.—
  535         (6) Notwithstanding any other law, state universities,
  536  community colleges, and public school districts shall be subject
  537  to enforcement of the Florida Building Code under this part.
  538         (b) If a state university, state community college, or
  539  public school district elects to use a local government’s code
  540  enforcement offices:
  541         1. Fees charged by counties and municipalities for
  542  enforcement of the Florida Building Code on buildings,
  543  structures, and facilities of state universities, state
  544  colleges, and public school districts may not be more than the
  545  actual labor and administrative costs incurred for plans review
  546  and inspections to ensure compliance with the code.
  547         2. Counties and municipalities shall expedite building
  548  construction permitting, building plans review, and inspections
  549  of projects of state universities, state community colleges, and
  550  public schools school districts that are subject to the Florida
  551  Building Code according to guidelines established by the Florida
  552  Building Commission.
  553         3. A party substantially affected by an interpretation of
  554  the Florida Building Code by the local government’s code
  555  enforcement offices may appeal the interpretation to the local
  556  government’s board of adjustment and appeal or to the commission
  557  under s. 553.775 if no local board exists. The decision of a
  558  local board is reviewable in accordance with s. 553.775.
  559  
  560  This part may not be construed to authorize counties,
  561  municipalities, or code enforcement districts to conduct any
  562  permitting, plans review, or inspections not covered by the
  563  Florida Building Code. Any actions by counties or municipalities
  564  not in compliance with this part may be appealed to the Florida
  565  Building Commission. The commission, upon a determination that
  566  actions not in compliance with this part have delayed permitting
  567  or construction, may suspend the authority of a county,
  568  municipality, or code enforcement district to enforce the
  569  Florida Building Code on the buildings, structures, or
  570  facilities of a state university, state community college, or
  571  public school district and provide for code enforcement at the
  572  expense of the state university, state community college, or
  573  public school district.
  574         Section 23. Subsections (1) and (2) of section 553.841,
  575  Florida Statutes, are amended to read:
  576         553.841 Building code compliance and mitigation program.—
  577         (1) The Legislature finds that knowledge and understanding
  578  by persons licensed or employed in the design and construction
  579  industries of the importance and need for complying with the
  580  Florida Building Code and related laws is vital to the public
  581  health, safety, and welfare of this state, especially for
  582  protecting consumers and mitigating damage caused by hurricanes
  583  to residents and visitors to the state. The Legislature further
  584  finds that the Florida Building Code can be effective only if
  585  all participants in the design and construction industries
  586  maintain a thorough knowledge of the code, code compliance and
  587  enforcement, duties related to consumers, and changes that
  588  additions thereto which improve construction standards, project
  589  completion, and compliance of design and construction to protect
  590  against consumer harm, storm damage, and other damage.
  591  Consequently, the Legislature finds that there is a need for a
  592  program to provide ongoing education and outreach activities
  593  concerning compliance with the Florida Building Code, the
  594  Florida Fire Prevention Code, construction plan and permitting
  595  requirements, construction liens, and hurricane mitigation.
  596         (2) The Department of Business and Professional Regulation
  597  shall administer a program, designated as the Florida Building
  598  Code Compliance and Mitigation Program, to develop, coordinate,
  599  and maintain education and outreach to persons required to
  600  comply with the Florida Building Code and related provisions as
  601  specified in subsection (1) and ensure consistent education,
  602  training, and communication of the code’s requirements,
  603  including, but not limited to, methods for design and
  604  construction compliance and mitigation of storm-related damage.
  605  The program shall also operate a clearinghouse through which
  606  design, construction, and building code enforcement licensees,
  607  suppliers, and consumers in this state may find others in order
  608  to exchange information relating to mitigation and facilitate
  609  repairs in the aftermath of a natural disaster.
  610         Section 24. Section 553.883, Florida Statutes, is created
  611  to read:
  612         553.883 Smoke alarms in one-family and two-family dwellings
  613  and townhomes.—One-family and two-family dwellings and townhomes
  614  undergoing a repair, or a level 1 alteration as defined in the
  615  Florida Building Code, may use smoke alarms powered by 10-year
  616  nonremovable, nonreplaceable batteries in lieu of retrofitting
  617  such dwelling with smoke alarms powered by the dwelling’s
  618  electrical system. Effective January 1, 2015, a battery-powered
  619  smoke alarm that is newly installed or replaces an existing
  620  battery-powered smoke alarm must be powered by a nonremovable,
  621  nonreplaceable battery that powers the alarm for at least 10
  622  years. All fire alarms, smoke detectors, smoke alarms, and
  623  ancillary components that are electronically connected to a
  624  system as part of a UL Listed centrally-monitored fire alarm
  625  station are exempt from the battery requirements of this
  626  section.
  627         Section 25. Subsection (3) of section 553.993, Florida
  628  Statutes, is amended to read:
  629         553.993 Definitions.—For purposes of this part:
  630         (3) “Building energy-efficiency rating system” means a
  631  whole building energy evaluation system that provides a reliable
  632  and scientifically-based analysis of a building’s energy
  633  consumption or energy features and allows a comparison to
  634  similar building types in similar climate zones where
  635  applicable. Specifically, the rating system shall use standard
  636  calculations, formulas, and scoring methods; be applicable
  637  nationally; compare a building to a clearly defined and
  638  researched baseline or benchmark; require qualified
  639  professionals to conduct the rating or assessment; and provide a
  640  labeling and recognition program with specific criteria or
  641  levels. Residential program benchmarks for new construction must
  642  be consistent with national building standards. Residential
  643  building program benchmarks for existing construction must be
  644  consistent with national home energy rating standards. The
  645  building energy-efficiency rating system shall require at least
  646  one level of oversight performed by an organized and balanced
  647  group of professionals with subject matter expertise in energy
  648  efficiency, energy rating, and evaluation methods established by
  649  the Residential Energy Services Network, the Commercial Energy
  650  Services Network, the Building Performance Institute, or the
  651  Florida Solar Energy Center.
  652         Section 26. Subsection (15) of section 633.202, Florida
  653  Statutes, is amended to read:
  654         633.202 Florida Fire Prevention Code.—
  655         (15)(a) For one-story or two-story structures that are less
  656  than 10,000 square feet, whose occupancy is defined in the
  657  Florida Building Code and the Florida Fire Prevention Code as
  658  business or mercantile, a fire official shall enforce the wall
  659  fire-rating provisions for occupancy separation as defined in
  660  the Florida Building Code.
  661         (16)(a)(b) A structure, located on property that is
  662  classified for ad valorem purposes as agricultural, which is
  663  part of a farming or ranching operation, in which the occupancy
  664  is limited by the property owner to no more than 35 persons, and
  665  which is not used by the public for direct sales or as an
  666  educational outreach facility, is exempt from the Florida Fire
  667  Prevention Code, including the national codes and Life Safety
  668  Code incorporated by reference. This paragraph does not include
  669  structures used for residential or assembly occupancies, as
  670  defined in the Florida Fire Prevention Code.
  671         (b) A tent up to 30 feet by 30 feet is exempt from the
  672  Florida Fire Prevention Code, including the national codes
  673  incorporated by reference.
  674         Section 27. Subsection (1) of section 633.212, Florida
  675  Statutes, is amended to read:
  676         633.212 Legislative intent; informal interpretations of the
  677  Florida Fire Prevention Code.—It is the intent of the
  678  Legislature that the Florida Fire Prevention Code be interpreted
  679  by fire officials and local enforcement agencies in a manner
  680  that reasonably and cost-effectively protects the public safety,
  681  health, and welfare; ensures uniform interpretations throughout
  682  this state; and provides just and expeditious processes for
  683  resolving disputes regarding such interpretations. It is the
  684  further intent of the Legislature that such processes provide
  685  for the expeditious resolution of the issues presented and that
  686  the resulting interpretation of such issues be published on the
  687  website of the division.
  688         (1) The division shall by rule establish an informal
  689  process of rendering nonbinding interpretations of the Florida
  690  Fire Prevention Code. The division may contract with and refer
  691  interpretive issues to a third party, selected based upon cost
  692  effectiveness, quality of services to be performed, and other
  693  performance-based criteria, which has experience in interpreting
  694  and enforcing the Florida Fire Prevention Code. It is the intent
  695  of the Legislature that the division establish a Fire Code
  696  Interpretation Committee composed of seven persons and seven
  697  alternates, equally representing each area of the state, to
  698  which a party can pose questions regarding the interpretation of
  699  the Florida Fire Prevention Code provisions. The alternate
  700  member may respond to a nonbinding interpretation if a the
  701  member notifies the Fire Code Interpretation Committee that he
  702  or she is unable to respond.
  703         Section 28. Section 713.32, Florida Statutes, is amended to
  704  read:
  705         713.32 Insurance proceeds liable for demands.—The proceeds
  706  of any insurance that by the terms of the policy contract are
  707  payable to the owner of improved real property or a lienor and
  708  actually received or to be received by him or her because of the
  709  damage, destruction, or removal by fire or other casualty of an
  710  improvement on which lienors have furnished labor or services or
  711  materials shall, after the owner or lienor, as the case may be,
  712  has been reimbursed therefrom for any premiums paid by him or
  713  her, be liable to liens or demands for payment provided by this
  714  part to the same extent and in the same manner, order of
  715  priority, and conditions as the real property or payments under
  716  a direct contract would have been, if the improvement had not
  717  been so damaged, destroyed, or removed. The insurer may only pay
  718  the proceeds of the policy of insurance to the insured named in
  719  the policy or to an entity that the owner and the insurer have
  720  explicitly agreed to in writing before payment and thereupon any
  721  liability of the insurer under this part shall cease. The named
  722  insured who receives any proceeds of the policy shall be deemed
  723  a trustee of the proceeds, and the proceeds shall be deemed
  724  trust funds for the purposes designated by this section for a
  725  period of 1 year from the date of receipt of the proceeds. This
  726  section shall not apply to that part of the proceeds of any
  727  policy of insurance payable to a person, including a mortgagee,
  728  who holds a lien perfected before the recording of the notice of
  729  commencement or recommencement.
  730         Section 29. Except as otherwise provided in this act, this
  731  act shall take effect July 1, 2014.
  732  
  733  ================= T I T L E  A M E N D M E N T ================
  734  And the title is amended as follows:
  735         Delete lines 2 - 37
  736  and insert:
  737         An act relating to building construction policies;
  738         amending s. 377.6015, F.S.; removing a provision
  739         relating to representation in the Southern States
  740         Energy Compact; amending s. 377.703, F.S.; requiring
  741         the Department of Agriculture and Consumer Services to
  742         include in its annual report recommendations for
  743         energy efficiency; expanding the promotion of the
  744         development and use of renewable energy resources from
  745         goals related to solar energy to renewable energy in
  746         general; requiring the department to cooperate with
  747         the Florida Energy Systems Consortium in the
  748         development and use of renewable energy resources;
  749         amending s. 377.712, F.S.; authorizing the
  750         Commissioner of Agriculture to appoint a member to the
  751         Southern States Energy Board; authorizing the
  752         department to approve proposed activities relating to
  753         furtherance of the Southern States Energy Compact;
  754         amending s. 377.801, F.S.; conforming a cross
  755         reference; amending s. 377.802, F.S.; amending the
  756         purpose of the Florida Energy and Climate Protection
  757         Act; amending s. 377.803, F.S.; conforming provisions
  758         to changes made by the act; creating s. 377.815, F.S.;
  759         authorizing the department to post on its website
  760         information relating to alternative fueling stations
  761         or electric vehicle charging stations; defining the
  762         term “alternative fuel”; authorizing the owner or
  763         operator of an alternative fueling station or an
  764         electric vehicle charging station to report certain
  765         information; amending s. 553.74, F.S.; adding a member
  766         to the Florida Building Commission as a representative
  767         of the Department of Agriculture and Consumer
  768         Services’ Office of Energy; deleting obsolete
  769         provisions; repealing ss. 377.806 and 377.807, F.S.,
  770         relating to the Solar Energy System Incentives Program
  771         and the Energy-Efficient Appliance Rebate Program,
  772         respectively; amending s. 162.12, F.S.; providing an
  773         additional method for local governments to provide
  774         notices to alleged code enforcement violators;
  775         amending s. 373.323, F.S.; revising the requirements
  776         of an applicant to take the water well contractor
  777         licensure examination; amending s. 440.103, F.S.;
  778         authorizing an employer to present certain documents
  779         electronically or physically in order to show proof
  780         and certify to the permit issuer that it has secured
  781         compensation for its employees; authorizing site plans
  782         or electronically transferred building permits to be
  783         maintained at the worksite in their original form or
  784         by electronic copy; requiring such plans or permits to
  785         be open to inspection by the building official or
  786         authorized representative; amending s. 514.0115, F.S.;
  787         authorizing the Department of Health to grant certain
  788         variances relating to public swimming pools and
  789         bathing places; amending s. 514.03, F.S.; requiring
  790         application for an operating permit before filing an
  791         application for a building permit for a public
  792         swimming pool; amending s. 514.031, F.S.; providing
  793         additional requirements for obtaining a public
  794         swimming pool operating permit; providing a procedure
  795         for an applicant to respond to a request for
  796         additional information; requiring the Department of
  797         Health to review and provide to the local enforcement
  798         agency and the applicant any comments or proposed
  799         modifications to information submitted in the
  800         application; amending s. 553.37, F.S.; specifying
  801         inspection criteria for construction or modification
  802         of manufactured buildings or modules; amending s.
  803         553.721, F.S.; making a technical change; amending s.
  804         553.73, F.S.; authorizing an agency or local
  805         government to require rooftop equipment to be
  806         installed in compliance with the Florida Building Code
  807         if the equipment is being replaced or removed during
  808         reroofing and is not in compliance with the Florida
  809         Building Code’s roof-mounted mechanical units
  810         requirements; providing that make-up air is not
  811         required for certain range hood exhaust systems;
  812         amending s. 553.77, F.S.; requiring building officials
  813         to recognize and enforce certain variance orders
  814         issued by the Department of Health; amending s.
  815         553.775, F.S.; authorizing building officials, local
  816         enforcement agencies, and the Florida Building
  817         Commission to interpret the Florida Accessibility Code
  818         for Building Construction; specifying procedures for
  819         such interpretations; deleting provisions relating to
  820         declaratory statements and interpretations of the
  821         Florida Accessibility Code for Building Construction,
  822         to conform; amending s. 553.79, F.S.; prohibiting a
  823         local enforcing agency from issuing a building permit
  824         for a public swimming pool without proof of
  825         application for an operating permit; requiring
  826         issuance of an operating permit before a certificate
  827         of completion or occupancy is issued; requiring the
  828         local enforcing agency to review the building permit
  829         application upon filing; authorizing such agency to
  830         confer with the Department of Health if it doesn’t
  831         delay review of the application; authorizing site
  832         plans or building permits to be maintained at the
  833         worksite in their original form or in the form of an
  834         electronic copy; requiring the permit to be open to
  835         inspection; amending s. 553.80, F.S.; requiring
  836         counties and municipalities to expedite building
  837         construction permitting, building plans review, and
  838         inspections of projects of certain public schools,
  839         rather than certain public school districts; amending
  840         s. 553.841, F.S.; revising education and training
  841         requirements of the Florida Building Code Compliance
  842         and Mitigation Program; creating s. 553.883, F.S.;
  843         authorizing use of smoke alarms powered by 10-year
  844         nonremovable, nonreplaceable batteries in certain
  845         circumstances; requiring use of such alarms by a
  846         certain date; providing an exemption; amending s.
  847         553.993, F.S.; revising the definition of the term
  848         “building energy-efficiency rating system” to require
  849         consistency with certain national standards for new
  850         construction and existing construction; providing for
  851         oversight; amending s. 633.202, F.S.; exempting
  852         certain tents from the Florida Fire Prevention Code;
  853         amending s. 633.212, F.S.; removing the requirement
  854         that an alternate member of the Fire Code
  855         Interpretation Committee provide notice to the
  856         committee in order to respond to a nonbinding
  857         interpretation when a member is unable to respond;
  858         amending s. 713.32, F.S.; revising the payment of
  859         proceeds of an insurance policy on real property;
  860         providing effective dates.