Florida Senate - 2014                             CS for SB 1106
       
       
        
       By the Committee on Community Affairs; and Senator Simpson
       
       
       
       
       
       578-02837-14                                          20141106c1
    1                        A bill to be entitled                      
    2         An act relating to building construction; amending s.
    3         162.12, F.S.; providing an additional method for local
    4         governments to provide notices to alleged code
    5         enforcement violators; amending s. 514.03, F.S.;
    6         requiring application for an operating permit before
    7         filing an application for a building permit for a
    8         public swimming pool; amending s. 514.031, F.S.;
    9         providing additional requirements for obtaining a
   10         public swimming pool operating permit; amending s.
   11         553.37, F.S.; specifying inspection criteria for
   12         construction or modification of manufactured buildings
   13         or modules; amending s. 553.721, F.S.; revising the
   14         allocation of funds from the building permit
   15         surcharge; amending s. 553.775, F.S.; authorizing
   16         building officials, local enforcement agencies, and
   17         the Florida Building Commission to interpret the
   18         Florida Accessibility Code for Building Construction;
   19         specifying procedures for such interpretations;
   20         deleting provisions relating to declaratory statements
   21         and interpretations of the Florida Accessibility Code
   22         for Building Construction, to conform; amending s.
   23         553.79, F.S.; prohibiting a local enforcing agency
   24         from issuing a building permit for a public swimming
   25         pool without proof of application for an operating
   26         permit; requiring issuance of an operating permit
   27         before a certificate of completion or occupancy is
   28         issued; amending s. 553.841, F.S.; revising education
   29         and training requirements of the Florida Building Code
   30         Compliance and Mitigation Program; creating s.
   31         553.883, F.S.; authorizing use of smoke alarms powered
   32         by 10-year nonremovable, nonreplaceable batteries in
   33         certain circumstances; requiring use of such alarms by
   34         a certain date; amending s. 553.993, F.S.; revising
   35         the definition of the term “building energy-efficiency
   36         rating system” to require consistency with certain
   37         national standards for new construction and existing
   38         construction; providing for oversight; amending s.
   39         633.202, F.S.; exempting certain tents from the
   40         Florida Fire Prevention Code; providing an effective
   41         date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 162.12, Florida Statutes, is amended to
   46  read:
   47         162.12 Notices.—
   48         (1) All notices required by this part must be provided to
   49  the alleged violator by:
   50         (a) Certified mail, and at the option of the local
   51  government return receipt requested, to the address listed in
   52  the tax collector’s office for tax notices or to the address
   53  listed in the county property appraiser’s database. The local
   54  government may also provide an additional notice to any other
   55  address it may find for the property owner. For property owned
   56  by a corporation, notices may be provided by certified mail to
   57  the registered agent of the corporation. If any notice sent by
   58  certified mail is not signed as received within 30 days after
   59  the postmarked date of mailing, notice may be provided by
   60  posting as described in subparagraphs (2)(b)1. and 2.;
   61         (b) Hand delivery by the sheriff or other law enforcement
   62  officer, code inspector, or other person designated by the local
   63  governing body;
   64         (c) Leaving the notice at the violator’s usual place of
   65  residence with any person residing therein who is above 15 years
   66  of age and informing such person of the contents of the notice;
   67  or
   68         (d) In the case of commercial premises, leaving the notice
   69  with the manager or other person in charge.
   70         (2) In addition to providing notice as set forth in
   71  subsection (1), at the option of the code enforcement board or
   72  the local government, notice may be served by publication or
   73  posting, as follows:
   74         (a)1. Such notice shall be published once during each week
   75  for 4 consecutive weeks (four publications being sufficient) in
   76  a newspaper of general circulation in the county where the code
   77  enforcement board is located. The newspaper shall meet such
   78  requirements as are prescribed under chapter 50 for legal and
   79  official advertisements.
   80         2. Proof of publication shall be made as provided in ss.
   81  50.041 and 50.051.
   82         (b)1. In lieu of publication as described in paragraph (a),
   83  such notice may be posted at least 10 days prior to the hearing,
   84  or prior to the expiration of any deadline contained in the
   85  notice, in at least two locations, one of which shall be the
   86  property upon which the violation is alleged to exist and the
   87  other of which shall be, in the case of municipalities, at the
   88  primary municipal government office, and in the case of
   89  counties, at the front door of the courthouse or the main county
   90  governmental center in said county.
   91         2. Proof of posting shall be by affidavit of the person
   92  posting the notice, which affidavit shall include a copy of the
   93  notice posted and the date and places of its posting.
   94         (c) Notice by publication or posting may run concurrently
   95  with, or may follow, an attempt or attempts to provide notice by
   96  hand delivery or by mail as required under subsection (1).
   97         (3) Evidence that an attempt has been made to hand deliver
   98  or mail notice as provided in subsection (1), together with
   99  proof of publication or posting as provided in subsection (2),
  100  shall be sufficient to show that the notice requirements of this
  101  part have been met, without regard to whether or not the alleged
  102  violator actually received such notice.
  103         Section 2. Section 514.03, Florida Statutes, is amended to
  104  read:
  105         514.03 Approval necessary to construct, develop, or modify
  106  public swimming pools or public bathing places.—
  107         (1) A person or public body desiring to construct, develop,
  108  or modify a public swimming pool must apply to the department
  109  for an operating permit before filing an application for a
  110  building permit under s. 553.79.
  111         (2) Local governments or local enforcement districts may
  112  determine compliance with the general construction standards of
  113  the Florida Building Code, pursuant to s. 553.80. Local
  114  governments or local enforcement districts may conduct plan
  115  reviews and inspections of public swimming pools and public
  116  bathing places for this purpose.
  117         Section 3. Paragraph (a) of subsection (1) of section
  118  514.031, Florida Statutes, is amended to read:
  119         514.031 Permit necessary to operate public swimming pool.—
  120         (1) It is unlawful for any person or public body to operate
  121  or continue to operate any public swimming pool without a valid
  122  permit from the department, such permit to be obtained in the
  123  following manner:
  124         (a) Any person or public body desiring to operate any
  125  public swimming pool shall file an application for an operating
  126  a permit with the department, on application forms provided by
  127  the department, and shall accompany such application with:
  128         1. A description of the structure, its appurtenances, and
  129  its operation.
  130         2.1.A description of the source or sources of water
  131  supply, and the amount and quality of water available and
  132  intended to be used.
  133         3.2.The method and manner of water purification,
  134  treatment, disinfection, and heating.
  135         4.3.The safety equipment and standards to be used.
  136         5. A copy of the final inspection from the local
  137  enforcement agency as defined in chapter 553.
  138         6.4. Any other pertinent information deemed necessary by
  139  the department.
  140         Section 4. Paragraph (c) of subsection (1) of section
  141  553.37, Florida Statutes, is amended to read:
  142         553.37 Rules; inspections; and insignia.—
  143         (1) The Florida Building Commission shall adopt within the
  144  Florida Building Code requirements for construction or
  145  modification of manufactured buildings and building modules, to
  146  address:
  147         (c) Minimum Inspection criteria, which shall require the
  148  approved inspection agency to:
  149         1. Observe the first building built, or with regard to
  150  components, observe the first unit assembled, after
  151  certification from the manufacturer, from start to finish,
  152  inspecting all subsystems: electrical, plumbing, structural,
  153  mechanical, or thermal.
  154         2. Continue observation of the manufacturing process until
  155  the approved inspection agency determines that the
  156  manufacturer’s quality control program, in conjunction with the
  157  application of the plans approved by the approved inspection
  158  agency, will result in a building and components that meet or
  159  exceed the applicable Florida Building Code requirements.
  160         3. Inspect each module produced during at least one point
  161  of the manufacturing process and inspect at least 75 percent of
  162  the subsystems of each module: electrical, plumbing, structural,
  163  mechanical, or thermal.
  164         4. With respect to components, inspect at least 75 percent
  165  of the manufactured building components and at least 20 percent
  166  of the storage sheds that are not designed for human habitation
  167  and that have a floor area of 720 square feet or less.
  168         Section 5. Section 553.721, Florida Statutes, is amended to
  169  read:
  170         553.721 Surcharge.—In order for the Department of Business
  171  and Professional Regulation to administer and carry out the
  172  purposes of this part and related activities, there is created a
  173  surcharge, to be assessed at the rate of 1.5 percent of the
  174  permit fees associated with enforcement of the Florida Building
  175  Code as defined by the uniform account criteria and specifically
  176  the uniform account code for building permits adopted for local
  177  government financial reporting pursuant to s. 218.32. The
  178  minimum amount collected on any permit issued shall be $2. The
  179  unit of government responsible for collecting a permit fee
  180  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  181  surcharge and electronically remit the funds collected to the
  182  department on a quarterly calendar basis for the preceding
  183  quarter and continuing each third month thereafter. The unit of
  184  government shall retain 10 percent of the surcharge collected to
  185  fund the participation of building departments in the national
  186  and state building code adoption processes and to provide
  187  education related to enforcement of the Florida Building Code.
  188  All funds remitted to the department pursuant to this section
  189  shall be deposited in the Professional Regulation Trust Fund.
  190  Funds collected from the surcharge shall be allocated to fund
  191  the Florida Building Commission, and the Florida Building Code
  192  Compliance and Mitigation Program under s. 553.841, and the
  193  Future Builders of America program. Beginning in the 2013-2014
  194  fiscal year, Funds allocated to the Florida Building Code
  195  Compliance and Mitigation Program shall be $925,000 each fiscal
  196  year. Beginning in the 2014-2015 fiscal year, funds allocated to
  197  the Future Builders of America program shall be $250,000 each
  198  fiscal year. The funds collected from the surcharge may not be
  199  used to fund research on techniques for mitigation of radon in
  200  existing buildings. Funds used by the department as well as
  201  funds to be transferred to the Department of Health shall be as
  202  prescribed in the annual General Appropriations Act. The
  203  department shall adopt rules governing the collection and
  204  remittance of surcharges pursuant to chapter 120.
  205         Section 6. Section 553.775, Florida Statutes, is amended to
  206  read:
  207         553.775 Interpretations.—
  208         (1) It is the intent of the Legislature that the Florida
  209  Building Code and the Florida Accessibility Code for Building
  210  Construction be interpreted by building officials, local
  211  enforcement agencies, and the commission in a manner that
  212  protects the public safety, health, and welfare at the most
  213  reasonable cost to the consumer by ensuring uniform
  214  interpretations throughout the state and by providing processes
  215  for resolving disputes regarding interpretations of the Florida
  216  Building Code and the Florida Accessibility Code for Building
  217  Construction which are just and expeditious.
  218         (2) Local enforcement agencies, local building officials,
  219  state agencies, and the commission shall interpret provisions of
  220  the Florida Building Code and the Florida Accessibility Code for
  221  Building Construction in a manner that is consistent with
  222  declaratory statements and interpretations entered by the
  223  commission, except that conflicts between the Florida Fire
  224  Prevention Code and the Florida Building Code shall be resolved
  225  in accordance with s. 553.73(11)(c) and (d).
  226         (3) The following procedures may be invoked regarding
  227  interpretations of the Florida Building Code or the Florida
  228  Accessibility Code for Building Construction:
  229         (a) Upon written application by any substantially affected
  230  person or state agency or by a local enforcement agency, the
  231  commission shall issue declaratory statements pursuant to s.
  232  120.565 relating to the enforcement or administration by local
  233  governments of the Florida Building Code or the Florida
  234  Accessibility Code for Building Construction.
  235         (b) When requested in writing by any substantially affected
  236  person or state agency or by a local enforcement agency, the
  237  commission shall issue a declaratory statement pursuant to s.
  238  120.565 relating to this part and ss. 515.25, 515.27, 515.29,
  239  and 515.37. Actions of the commission are subject to judicial
  240  review under s. 120.68.
  241         (c) The commission shall review decisions of local building
  242  officials and local enforcement agencies regarding
  243  interpretations of the Florida Building Code or the Florida
  244  Accessibility Code for Building Construction after the local
  245  board of appeals has considered the decision, if such board
  246  exists, and if such appeals process is concluded within 25
  247  business days.
  248         1. The commission shall coordinate with the Building
  249  Officials Association of Florida, Inc., to designate panels
  250  composed of five members to hear requests to review decisions of
  251  local building officials. The members must be licensed as
  252  building code administrators under part XII of chapter 468 and
  253  must have experience interpreting and enforcing provisions of
  254  the Florida Building Code and the Florida Accessibility Code for
  255  Building Construction.
  256         2. Requests to review a decision of a local building
  257  official interpreting provisions of the Florida Building Code or
  258  the Florida Accessibility Code for Building Construction may be
  259  initiated by any substantially affected person, including an
  260  owner or builder subject to a decision of a local building
  261  official or an association of owners or builders having members
  262  who are subject to a decision of a local building official. In
  263  order to initiate review, the substantially affected person must
  264  file a petition with the commission. The commission shall adopt
  265  a form for the petition, which shall be published on the
  266  Building Code Information System. The form shall, at a minimum,
  267  require the following:
  268         a. The name and address of the county or municipality in
  269  which provisions of the Florida Building Code or the Florida
  270  Accessibility Code for Building Construction are being
  271  interpreted.
  272         b. The name and address of the local building official who
  273  has made the interpretation being appealed.
  274         c. The name, address, and telephone number of the
  275  petitioner; the name, address, and telephone number of the
  276  petitioner’s representative, if any; and an explanation of how
  277  the petitioner’s substantial interests are being affected by the
  278  local interpretation of the Florida Building Code or the Florida
  279  Accessibility Code for Building Construction.
  280         d. A statement of the provisions of the Florida Building
  281  Code or the Florida Accessibility Code for Building Construction
  282  which are being interpreted by the local building official.
  283         e. A statement of the interpretation given to provisions of
  284  the Florida Building Code or the Florida Accessibility Code for
  285  Building Construction by the local building official and the
  286  manner in which the interpretation was rendered.
  287         f. A statement of the interpretation that the petitioner
  288  contends should be given to the provisions of the Florida
  289  Building Code or the Florida Accessibility Code for Building
  290  Construction and a statement supporting the petitioner’s
  291  interpretation.
  292         g. Space for the local building official to respond in
  293  writing. The space shall, at a minimum, require the local
  294  building official to respond by providing a statement admitting
  295  or denying the statements contained in the petition and a
  296  statement of the interpretation of the provisions of the Florida
  297  Building Code or the Florida Accessibility Code for Building
  298  Construction which the local jurisdiction or the local building
  299  official contends is correct, including the basis for the
  300  interpretation.
  301         3. The petitioner shall submit the petition to the local
  302  building official, who shall place the date of receipt on the
  303  petition. The local building official shall respond to the
  304  petition in accordance with the form and shall return the
  305  petition along with his or her response to the petitioner within
  306  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  307  holidays. The petitioner may file the petition with the
  308  commission at any time after the local building official
  309  provides a response. If no response is provided by the local
  310  building official, the petitioner may file the petition with the
  311  commission 10 days after submission of the petition to the local
  312  building official and shall note that the local building
  313  official did not respond.
  314         4. Upon receipt of a petition that meets the requirements
  315  of subparagraph 2., the commission shall immediately provide
  316  copies of the petition to a panel, and the commission shall
  317  publish the petition, including any response submitted by the
  318  local building official, on the Building Code Information System
  319  in a manner that allows interested persons to address the issues
  320  by posting comments.
  321         5. The panel shall conduct proceedings as necessary to
  322  resolve the issues; shall give due regard to the petitions, the
  323  response, and to comments posed on the Building Code Information
  324  System; and shall issue an interpretation regarding the
  325  provisions of the Florida Building Code or the Florida
  326  Accessibility Code for Building Construction within 21 days
  327  after the filing of the petition. The panel shall render a
  328  determination based upon the Florida Building Code or the
  329  Florida Accessibility Code for Building Construction or, if the
  330  code is ambiguous, the intent of the code. The panel’s
  331  interpretation shall be provided to the commission, which shall
  332  publish the interpretation on the Building Code Information
  333  System and in the Florida Administrative Register. The
  334  interpretation shall be considered an interpretation entered by
  335  the commission, and shall be binding upon the parties and upon
  336  all jurisdictions subject to the Florida Building Code or the
  337  Florida Accessibility Code for Building Construction, unless it
  338  is superseded by a declaratory statement issued by the Florida
  339  Building Commission or by a final order entered after an appeal
  340  proceeding conducted in accordance with subparagraph 7.
  341         6. It is the intent of the Legislature that review
  342  proceedings be completed within 21 days after the date that a
  343  petition seeking review is filed with the commission, and the
  344  time periods set forth in this paragraph may be waived only upon
  345  consent of all parties.
  346         7. Any substantially affected person may appeal an
  347  interpretation rendered by a hearing officer panel by filing a
  348  petition with the commission. Such appeals shall be initiated in
  349  accordance with chapter 120 and the uniform rules of procedure
  350  and must be filed within 30 days after publication of the
  351  interpretation on the Building Code Information System or in the
  352  Florida Administrative Register. Hearings shall be conducted
  353  pursuant to chapter 120 and the uniform rules of procedure.
  354  Decisions of the commission are subject to judicial review
  355  pursuant to s. 120.68. The final order of the commission is
  356  binding upon the parties and upon all jurisdictions subject to
  357  the Florida Building Code or the Florida Accessibility Code for
  358  Building Construction.
  359         8. The burden of proof in any proceeding initiated in
  360  accordance with subparagraph 7. is on the party who initiated
  361  the appeal.
  362         9. In any review proceeding initiated in accordance with
  363  this paragraph, including any proceeding initiated in accordance
  364  with subparagraph 7., the fact that an owner or builder has
  365  proceeded with construction may not be grounds for determining
  366  an issue to be moot if the issue is one that is likely to arise
  367  in the future.
  368  
  369  This paragraph provides the exclusive remedy for addressing
  370  requests to review local interpretations of the Florida Building
  371  Code or the Florida Accessibility Code for Building Construction
  372  and appeals from review proceedings.
  373         (d) Upon written application by any substantially affected
  374  person, contractor, or designer, or a group representing a
  375  substantially affected person, contractor, or designer, the
  376  commission shall issue or cause to be issued a formal
  377  interpretation of the Florida Building Code or the Florida
  378  Accessibility Code for Building Construction as prescribed by
  379  paragraph (c).
  380         (e) Local decisions declaring structures to be unsafe and
  381  subject to repair or demolition are not subject to review under
  382  this subsection and may not be appealed to the commission if the
  383  local governing body finds that there is an immediate danger to
  384  the health and safety of the public.
  385         (f) Upon written application by any substantially affected
  386  person, the commission shall issue a declaratory statement
  387  pursuant to s. 120.565 relating to an agency’s interpretation
  388  and enforcement of the specific provisions of the Florida
  389  Building Code or the Florida Accessibility Code for Building
  390  Construction which the agency is authorized to enforce. This
  391  subsection does not provide any powers, other than advisory, to
  392  the commission with respect to any decision of the State Fire
  393  Marshal made pursuant to chapter 633.
  394         (g) The commission may designate a commission member who
  395  has demonstrated expertise in interpreting building plans to
  396  attend each meeting of the advisory council created in s.
  397  553.512. The commission member may vary from meeting to meeting,
  398  shall serve on the council in a nonvoting capacity, and shall
  399  receive per diem and expenses as provided in s. 553.74(3).
  400         (h) The commission shall by rule establish an informal
  401  process of rendering nonbinding interpretations of the Florida
  402  Building Code and the Florida Accessibility Code for Building
  403  Construction. The commission is specifically authorized to refer
  404  interpretive issues to organizations that represent those
  405  engaged in the construction industry. The commission shall
  406  immediately implement the process before completing formal
  407  rulemaking. It is the intent of the Legislature that the
  408  commission create a process to refer questions to a small,
  409  rotating group of individuals licensed under part XII of chapter
  410  468, to which a party may pose questions regarding the
  411  interpretation of code provisions. It is the intent of the
  412  Legislature that the process provide for the expeditious
  413  resolution of the issues presented and publication of the
  414  resulting interpretation on the Building Code Information
  415  System. Such interpretations shall be advisory only and
  416  nonbinding on the parties and the commission.
  417         (4) In order to administer this section, the commission may
  418  adopt by rule and impose a fee for filing requests for
  419  declaratory statements and binding and nonbinding
  420  interpretations to recoup the cost of the proceedings which may
  421  not exceed $125 for each request for a nonbinding interpretation
  422  and $250 for each request for a binding review or
  423  interpretation. For proceedings conducted by or in coordination
  424  with a third party, the rule may provide that payment be made
  425  directly to the third party, who shall remit to the department
  426  that portion of the fee necessary to cover the costs of the
  427  department.
  428         (5) The commission may render declaratory statements in
  429  accordance with s. 120.565 relating to the provisions of the
  430  Florida Accessibility Code for Building Construction not
  431  attributable to the Americans with Disabilities Act
  432  Accessibility Guidelines. Notwithstanding the other provisions
  433  of this section, the Florida Accessibility Code for Building
  434  Construction and chapter 11 of the Florida Building Code may not
  435  be interpreted by, and are not subject to review under, any of
  436  the procedures specified in this section. This subsection has no
  437  effect upon the commission’s authority to waive the Florida
  438  Accessibility Code for Building Construction as provided by s.
  439  553.512.
  440         Section 7. Present subsections (11) through (18) of section
  441  553.79, Florida Statutes, are redesignated as subsections (12)
  442  through (19), respectively, and a new subsection (11) is added
  443  to that section, to read:
  444         553.79 Permits; applications; issuance; inspections.—
  445         (11) The local enforcing agency may not issue a building
  446  permit to construct, develop, or modify a public swimming pool
  447  without proof of application for an operating permit under s.
  448  514.031. A certificate of completion or occupancy may not be
  449  issued until such operating permit is issued.
  450         Section 8. Subsections (1) and (2) of section 553.841,
  451  Florida Statutes, are amended to read:
  452         553.841 Building code compliance and mitigation program.—
  453         (1) The Legislature finds that knowledge and understanding
  454  by persons licensed or employed in the design and construction
  455  industries of the importance and need for complying with the
  456  Florida Building Code and related laws is vital to the public
  457  health, safety, and welfare of this state, especially for
  458  protecting consumers and mitigating damage caused by hurricanes
  459  to residents and visitors to the state. The Legislature further
  460  finds that the Florida Building Code can be effective only if
  461  all participants in the design and construction industries
  462  maintain a thorough knowledge of the code, code compliance and
  463  enforcement, duties related to consumers, and changes that
  464  additions thereto which improve construction standards, project
  465  completion, and compliance of design and construction to protect
  466  against consumer harm, storm damage, and other damage.
  467  Consequently, the Legislature finds that there is a need for a
  468  program to provide ongoing education and outreach activities
  469  concerning compliance with the Florida Building Code, the
  470  Florida Fire Prevention Code, construction plan and permitting
  471  requirements, construction liens, and hurricane mitigation.
  472         (2) The Department of Business and Professional Regulation
  473  shall administer a program, designated as the Florida Building
  474  Code Compliance and Mitigation Program, to develop, coordinate,
  475  and maintain education and outreach to persons required to
  476  comply with the Florida Building Code and related provisions as
  477  specified in subsection (1) and ensure consistent education,
  478  training, and communication of the code’s requirements,
  479  including, but not limited to, methods for design and
  480  construction compliance and mitigation of storm-related damage.
  481  The program shall also operate a clearinghouse through which
  482  design, construction, and building code enforcement licensees,
  483  suppliers, and consumers in this state may find others in order
  484  to exchange information relating to mitigation and facilitate
  485  repairs in the aftermath of a natural disaster.
  486         Section 9. Section 553.883, Florida Statutes, is created to
  487  read:
  488         553.883 Smoke alarms in one-family and two-family dwellings
  489  and townhomes.—One-family and two-family dwellings and townhomes
  490  undergoing a repair, or a level 1 alteration as defined in the
  491  Florida Building Code, Existing Building, may use smoke alarms
  492  powered by 10-year nonremovable, nonreplaceable batteries in
  493  lieu of retrofitting such dwelling with smoke alarms powered by
  494  the dwelling’s electrical system. Effective January 1, 2015, a
  495  battery-powered smoke alarm that is newly installed or replaces
  496  an existing battery-powered smoke alarm must be powered by a
  497  nonremovable, nonreplaceable battery that powers the alarm for
  498  at least 10 years.
  499         Section 10. Subsection (3) of section 553.993, Florida
  500  Statutes, is amended to read:
  501         553.993 Definitions.—For purposes of this part:
  502         (3) “Building energy-efficiency rating system” means a
  503  whole building energy evaluation system that provides a reliable
  504  and scientifically-based analysis of a building’s energy
  505  consumption or energy features and allows a comparison to
  506  similar building types in similar climate zones where
  507  applicable. Specifically, the rating system shall use standard
  508  calculations, formulas, and scoring methods; be applicable
  509  nationally; compare a building to a clearly defined and
  510  researched baseline or benchmark; require qualified
  511  professionals to conduct the rating or assessment; and provide a
  512  labeling and recognition program with specific criteria or
  513  levels. Residential program benchmarks for new construction must
  514  be consistent with national building standards. Residential
  515  building program benchmarks for existing construction must be
  516  consistent with national home energy rating standards. The
  517  building energy-efficiency rating system shall require at least
  518  one level of oversight performed by an organized and balanced
  519  group of professionals with subject matter expertise in energy
  520  efficiency, energy rating, and evaluation methods established by
  521  the Residential Energy Services Network, the Commercial Energy
  522  Services Network, the Building Performance Institute, or the
  523  Florida Solar Energy Center.
  524         Section 11. Subsection (15) of section 633.202, Florida
  525  Statutes, is amended to read:
  526         633.202 Florida Fire Prevention Code.—
  527         (15)(a) For one-story or two-story structures that are less
  528  than 10,000 square feet, whose occupancy is defined in the
  529  Florida Building Code and the Florida Fire Prevention Code as
  530  business or mercantile, a fire official shall enforce the wall
  531  fire-rating provisions for occupancy separation as defined in
  532  the Florida Building Code.
  533         (16)(a)(b) A structure, located on property that is
  534  classified for ad valorem purposes as agricultural, which is
  535  part of a farming or ranching operation, in which the occupancy
  536  is limited by the property owner to no more than 35 persons, and
  537  which is not used by the public for direct sales or as an
  538  educational outreach facility, is exempt from the Florida Fire
  539  Prevention Code, including the national codes and Life Safety
  540  Code incorporated by reference. This paragraph does not include
  541  structures used for residential or assembly occupancies, as
  542  defined in the Florida Fire Prevention Code.
  543         (b) A tent up to 30 feet by 30 feet is exempt from the
  544  Florida Fire Prevention Code, including the national codes
  545  incorporated by reference.
  546         Section 12. This act shall take effect July 1, 2014.