Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 616
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Perry) recommended the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 147 - 338
    4  and insert:
    5         (6) The board may require a personal appearance by any
    6  applicant for licensure under this chapter. Any applicant of
    7  whom a personal appearance is required must be given adequate
    8  notice of the time and place of the appearance and provided with
    9  a statement of the purpose of and reasons requiring the
   10  appearance. If an applicant is required to appear, the time
   11  period within which a licensure application must be granted or
   12  denied is tolled until such time as the applicant appears.
   13  However, if the applicant fails to appear before the board at
   14  either of the next two regularly scheduled board meetings, the
   15  application for licensure may be denied.
   16         Section 5. Section 471.019, Florida Statutes, is amended to
   17  read:
   18         471.019 Reactivation.—The board shall prescribe by rule a
   19  reinstatement process for void licenses which includes
   20  establishing appropriate continuing education requirements for
   21  reactivating a license. The continuing education requirements
   22  for reactivating a license for a licensed engineer may not
   23  exceed the continuing education requirements prescribed pursuant
   24  to s. 471.017 12 classroom hours for each year the license was
   25  inactive.
   26         Section 6. Subsection (4) is added to section 471.025,
   27  Florida Statutes, to read:
   28         471.025 Seals.—
   29         (4) A successor engineer seeking to reuse documents
   30  previously sealed by another engineer must be able to
   31  independently re-create all of the work done by the original
   32  engineer. A successor engineer assumes full professional and
   33  legal responsibility by signing and affixing his or her seal to
   34  the assumed documents. Such documents must be treated as though
   35  they were the successor engineer’s original product, and the
   36  original engineer is released from any professional
   37  responsibility or civil liability for prior work assumed by the
   38  successor engineer. For the purposes of this subsection, the
   39  term “successor engineer” means an engineer who is using or
   40  relying upon the work, findings, or recommendations of the
   41  engineer who previously sealed the pertinent documents.
   42         Section 7. Paragraph (a) of subsection (5) of section
   43  553.79, Florida Statutes, is amended to read:
   44         553.79 Permits; applications; issuance; inspections.—
   45         (5)(a) During new construction or during repair or
   46  restoration projects in which the structural system or
   47  structural loading of a threshold building is being modified,
   48  the enforcing agency shall require a special inspector to
   49  perform structural inspections on the a threshold building
   50  pursuant to a structural inspection plan prepared by the
   51  engineer or architect of record. The structural inspection plan
   52  must be submitted to and approved by the enforcing agency before
   53  the issuance of a building permit for the construction, repair,
   54  or restoration of a threshold building. The purpose of the
   55  structural inspection plan is to provide specific inspection
   56  procedures and schedules so that the building can be adequately
   57  inspected for compliance with the permitted documents. The
   58  special inspector may not serve as a surrogate in carrying out
   59  the responsibilities of the building official, the architect, or
   60  the engineer of record. The contractor’s contractual or
   61  statutory obligations are not relieved by any action of the
   62  special inspector. The special inspector shall determine that a
   63  professional engineer who specializes in shoring design has
   64  inspected the shoring and reshoring for conformance with the
   65  shoring and reshoring plans submitted to the enforcing agency. A
   66  fee simple title owner of a building, which does not meet the
   67  minimum size, height, occupancy, occupancy classification, or
   68  number-of-stories criteria which would result in classification
   69  as a threshold building under s. 553.71(12), may designate such
   70  building as a threshold building, subject to more than the
   71  minimum number of inspections required by the Florida Building
   72  Code.
   73         Section 8. Subsections (4) and (5), paragraphs (a), (b),
   74  and (c) of subsection (7), and subsection (9) of section
   75  553.791, Florida Statutes, are amended to read:
   76         553.791 Alternative plans review and inspection.—
   77  (4) A fee owner or the fee owner’s contractor using a private
   78  provider to provide building code inspection services shall
   79  notify the local building official at the time of permit
   80  application, or by 2 p.m. local time, 2 no less than 7 business
   81  days prior to the first scheduled inspection by the local
   82  building official or building code enforcement agency for a
   83  private provider performing required inspections of construction
   84  under this section, on a form to be adopted by the commission.
   85  This notice shall include the following information:
   86         (a) The services to be performed by the private provider.
   87         (b) The name, firm, address, telephone number, and
   88  facsimile number of each private provider who is performing or
   89  will perform such services, his or her professional license or
   90  certification number, qualification statements or resumes, and,
   91  if required by the local building official, a certificate of
   92  insurance demonstrating that professional liability insurance
   93  coverage is in place for the private provider’s firm, the
   94  private provider, and any duly authorized representative in the
   95  amounts required by this section.
   96         (c) An acknowledgment from the fee owner in substantially
   97  the following form:
   99         I have elected to use one or more private providers to
  100         provide building code plans review and/or inspection
  101         services on the building or structure that is the
  102         subject of the enclosed permit application, as
  103         authorized by s. 553.791, Florida Statutes. I
  104         understand that the local building official may not
  105         review the plans submitted or perform the required
  106         building inspections to determine compliance with the
  107         applicable codes, except to the extent specified in
  108         said law. Instead, plans review and/or required
  109         building inspections will be performed by licensed or
  110         certified personnel identified in the application. The
  111         law requires minimum insurance requirements for such
  112         personnel, but I understand that I may require more
  113         insurance to protect my interests. By executing this
  114         form, I acknowledge that I have made inquiry regarding
  115         the competence of the licensed or certified personnel
  116         and the level of their insurance and am satisfied that
  117         my interests are adequately protected. I agree to
  118         indemnify, defend, and hold harmless the local
  119         government, the local building official, and their
  120         building code enforcement personnel from any and all
  121         claims arising from my use of these licensed or
  122         certified personnel to perform building code
  123         inspection services with respect to the building or
  124         structure that is the subject of the enclosed permit
  125         application.
  127  If the fee owner or the fee owner’s contractor makes any changes
  128  to the listed private providers or the services to be provided
  129  by those private providers, the fee owner or the fee owner’s
  130  contractor shall, within 1 business day after any change, update
  131  the notice to reflect such changes. A change of a duly
  132  authorized representative named in the permit application does
  133  not require a revision of the permit, and the building code
  134  enforcement agency shall not charge a fee for making the change.
  135  In addition, the fee owner or the fee owner’s contractor shall
  136  post at the project site, prior to the commencement of
  137  construction and updated within 1 business day after any change,
  138  on a form to be adopted by the commission, the name, firm,
  139  address, telephone number, and facsimile number of each private
  140  provider who is performing or will perform building code
  141  inspection services, the type of service being performed, and
  142  similar information for the primary contact of the private
  143  provider on the project.
  144         (5) After construction has commenced and if the local
  145  building official is unable to provide inspection services in a
  146  timely manner, the fee owner or the fee owner’s contractor may
  147  elect to use a private provider to provide inspection services
  148  by notifying the local building official of the owner’s or
  149  contractor’s intention to do so by 2 p.m. local time, 2 no less
  150  than 7 business days prior to the next scheduled inspection
  151  using the notice provided for in paragraphs (4)(a)-(c).
  152         (7)(a) No more than 20 30 business days after receipt of a
  153  permit application and the affidavit from the private provider
  154  required pursuant to subsection (6), the local building official
  155  shall issue the requested permit or provide a written notice to
  156  the permit applicant identifying the specific plan features that
  157  do not comply with the applicable codes, as well as the specific
  158  code chapters and sections. If the local building official does
  159  not provide a written notice of the plan deficiencies within the
  160  prescribed 20-day 30-day period, the permit application shall be
  161  deemed approved as a matter of law, and the permit shall be
  162  issued by the local building official on the next business day.
  163         (b) If the local building official provides a written
  164  notice of plan deficiencies to the permit applicant within the
  165  prescribed 20-day 30-day period, the 20-day 30-day period shall
  166  be tolled pending resolution of the matter. To resolve the plan
  167  deficiencies, the permit applicant may elect to dispute the
  168  deficiencies pursuant to subsection (13) or to submit revisions
  169  to correct the deficiencies.
  170         (c) If the permit applicant submits revisions, the local
  171  building official has the remainder of the tolled 20-day 30-day
  173  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  174  And the directory clause is amended as follows:
  175         Delete line 116
  176  and insert:
  177         Section 4. Subsections (2), (3), and (6) of section
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181         Delete lines 26 - 29
  182  and insert:
  183         license; amending s. 471.025, F.S.; requiring