Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1146
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Brodeur) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 30 - 307
    4  and insert:
    5         Section 1. Subsection (8) is added to section 381.0065,
    6  Florida Statutes, to read:
    7         381.0065 Onsite sewage treatment and disposal systems;
    8  regulation.—
   10         (a)Notwithstanding any other law, ordinance, or policy,
   11  the fee owner of an onsite sewage treatment and disposal system,
   12  or the fee owner’s contractor upon written authorization from
   13  the fee owner, may select a private provider to provide
   14  inspection services for onsite sewage treatment and disposal
   15  systems and may pay the private provider directly for such
   16  services if such services are the subject of a written contract
   17  between the private provider, or the private provider’s firm,
   18  and the fee owner or the fee owner’s contractor, upon written
   19  authorization of the fee owner.
   20         (b)It is the intent of the Legislature that owners and
   21  contractors pay reduced fees related to onsite sewage treatment
   22  disposal system inspections when selecting a private provider to
   23  provide such inspections. The department must calculate the cost
   24  savings to the department based on a fee owner or contractor
   25  hiring a private provider to perform inspections in lieu of the
   26  department and reduce permit fees accordingly. The department
   27  may not charge fees for an inspection if the fee owner or
   28  contractor hires a private provider to perform the inspection.
   29         (c)Onsite sewage treatment and disposal system inspection
   30  services may be performed only by a private provider or a duly
   31  authorized representative of a private provider within the
   32  disciplines covered under such person’s licensure or if the
   33  person is certified under s. 381.0101, is a master septic
   34  contractor licensed pursuant to chapter 489, is a professional
   35  engineer who has passed all three parts of the OSTDS Accelerated
   36  Certification Training, or is a person working as staff under
   37  the supervision of a licensed professional engineer and has
   38  passed all three parts of the OSTDS Accelerated Certification
   39  Training.
   40         (d)1.A fee owner or the fee owner’s contractor using a
   41  private provider for onsite sewage treatment and disposal system
   42  inspection services must provide notice to the department at the
   43  time of permit application, or by 2 p.m. local time, 2 business
   44  days before the first scheduled inspection by the department.
   45  The notice must include the following information:
   46         a.The name, firm, address, telephone number, and e-mail
   47  address of each private provider who is performing or will
   48  perform such services, the private provider’s professional
   49  license or certification number, and qualification statements or
   50  resumes for each private provider; and
   51         b.An acknowledgment from the fee owner in substantially
   52  the following form:
   54         I have elected to use one or more private providers to
   55         provide onsite sewage treatment and disposal system
   56         inspection services that are the subject of the
   57         enclosed permit application. I understand that the
   58         department may not perform the required onsite sewage
   59         treatment and disposal system inspections to determine
   60         compliance with the applicable codes, except to the
   61         extent authorized by law. Instead, inspections will be
   62         performed by the licensed or certified personnel
   63         identified in the application. By executing this form,
   64         I acknowledge that I have made inquiry regarding the
   65         competence of the licensed or certified personnel and
   66         am satisfied that my interests are adequately
   67         protected. I agree to indemnify, defend, and hold
   68         harmless the department from any and all claims
   69         arising from my use of these licensed or certified
   70         personnel to perform onsite sewage treatment and
   71         disposable system inspections with respect to the
   72         onsite sewage treatment and disposable system that are
   73         the subject of the enclosed permit application.
   75         2.If the fee owner or the fee owner’s contractor makes any
   76  changes to the listed private providers or the services to be
   77  provided by the private providers, the fee owner or the fee
   78  owner’s contractor must update the notice to reflect the change
   79  within 1 business day after the change. A change of a duly
   80  authorized representative named in the permit application does
   81  not require a revision of the permit and the department may not
   82  charge a fee for making such change.
   83         (e)The department may audit the performance of onsite
   84  sewage treatment and disposal system inspection services by
   85  private providers. However, the same private provider may not be
   86  audited more than four times in a month unless the department
   87  determines that an onsite sewage treatment and disposal system
   88  inspected by the private provider should not have passed
   89  inspection. Work on a building, a structure, or an onsite sewage
   90  treatment and disposal system may proceed after inspection and
   91  approval by a private provider if the fee owner or fee owner’s
   92  contractor has given notice of the inspection pursuant to
   93  subsection (4) and, subsequent to such inspection and approval,
   94  may not be delayed for completion of an inspection audit by the
   95  department.
   96         Section 2. Present subsections (3) through (8) of section
   97  514.0115, Florida Statutes, are redesignated as subsections (4)
   98  through (9), respectively, and a new subsection (3) is added to
   99  that section, to read:
  100         514.0115 Exemptions from supervision or regulation;
  101  variances.—
  102         (3)The department may not require compliance with rules
  103  relating to swimming pool lifeguard standards for pools serving
  104  assisted living facilities.
  105         Section 3. Subsections (4) and (8) of section 553.73,
  106  Florida Statutes, are amended to read:
  107         553.73 Florida Building Code.—
  108         (4)(a) All entities authorized to enforce the Florida
  109  Building Code under pursuant to s. 553.80 shall comply with
  110  applicable standards for issuance of mandatory certificates of
  111  occupancy, minimum types of inspections, and procedures for
  112  plans review and inspections as established by the commission by
  113  rule. Local governments may adopt amendments to the
  114  administrative provisions of the Florida Building Code, subject
  115  to the limitations in of this subsection paragraph. Local
  116  amendments must shall be more stringent than the minimum
  117  standards described in this section herein and must shall be
  118  transmitted to the commission within 30 days after enactment.
  119  The local government shall make such amendments available to the
  120  general public in a usable format. The State Fire Marshal is
  121  responsible for establishing the standards and procedures
  122  required in this subsection paragraph for governmental entities
  123  with respect to applying the Florida Fire Prevention Code and
  124  the Life Safety Code.
  125         (b) Local governments may, subject to the limitations in of
  126  this section and not more than once every 6 months, adopt
  127  amendments to the technical provisions of the Florida Building
  128  Code that which apply solely within the jurisdiction of such
  129  government and that which provide for more stringent
  130  requirements than those specified in the Florida Building Code,
  131  not more than once every 6 months. A local government may adopt
  132  technical amendments that address local needs if:
  133         1. The local governing body determines, following a public
  134  hearing which has been advertised in a newspaper of general
  135  circulation at least 10 days before the hearing, that there is a
  136  need to strengthen the requirements of the Florida Building
  137  Code. The determination must be based upon a review of local
  138  conditions by the local governing body, which review
  139  demonstrates by evidence or data that the geographical
  140  jurisdiction governed by the local governing body exhibits a
  141  local need to strengthen the Florida Building Code beyond the
  142  needs or regional variation addressed by the Florida Building
  143  Code, that the local need is addressed by the proposed local
  144  amendment, and that the amendment is no more stringent than
  145  necessary to address the local need.
  146         2. Such additional requirements are not discriminatory
  147  against materials, products, or construction techniques of
  148  demonstrated capabilities.
  149         3. Such additional requirements may not introduce a new
  150  subject not addressed in the Florida Building Code.
  151         (c)4. The enforcing agency shall make readily available, in
  152  a usable format, all amendments adopted under pursuant to this
  153  section.
  154         (d)5. Any amendment to the Florida Building Code shall be
  155  transmitted within 30 days after adoption by the adopting local
  156  government to the commission. The commission shall maintain
  157  copies of all such amendments in a format that is usable and
  158  obtainable by the public. Local technical amendments are shall
  159  not become effective until 30 days after the amendment has been
  160  received and published by the commission.
  161         (e)6.An Any amendment to the Florida Building Code adopted
  162  by a local government under pursuant to this subsection is
  163  paragraph shall be effective only until the adoption by the
  164  commission of the new edition of the Florida Building Code by
  165  the commission every third year. At such time, the commission
  166  shall review such amendment for consistency with the criteria in
  167  paragraph (9)(a) and adopt such amendment as part of the Florida
  168  Building Code or rescind the amendment. The commission shall
  169  immediately notify the respective local government of the
  170  rescission of any amendment. After receiving such notice, the
  171  respective local government may readopt the rescinded amendment
  172  under pursuant to the provisions of this subsection paragraph.
  173         (f)7. Each county and municipality desiring to make local
  174  technical amendments to the Florida Building Code shall by
  175  interlocal agreement establish by interlocal agreement a
  176  countywide compliance review board to review any amendment to
  177  the Florida Building Code that is, adopted by a local government
  178  within the county under pursuant to this subsection and
  179  paragraph, that is challenged by a any substantially affected
  180  party for purposes of determining the amendment’s compliance
  181  with this subsection paragraph. If challenged, the local
  182  technical amendments are shall not become effective until the
  183  time for filing an appeal under paragraph (g) pursuant to
  184  subparagraph 8. has expired or, if there is an appeal, until the
  185  commission issues its final order determining if the adopted
  186  amendment is in compliance with this subsection.
  187         (g)8. If the compliance review board determines such
  188  amendment is not in compliance with this subsection paragraph,
  189  the compliance review board shall notify such local government
  190  of the noncompliance and that the amendment is invalid and
  191  unenforceable until the local government corrects the amendment
  192  to bring it into compliance. The local government may appeal the
  193  decision of the compliance review board to the commission. If
  194  the compliance review board determines that such amendment is to
  195  be in compliance with this subsection paragraph, any
  196  substantially affected party may appeal such determination to
  197  the commission. Any such appeal must shall be filed with the
  198  commission within 14 days after of the board’s written
  199  determination. The commission shall promptly refer the appeal to
  200  the Division of Administrative Hearings by electronic means
  201  through the division’s website for the assignment of an
  202  administrative law judge. The administrative law judge shall
  203  conduct the required hearing within 30 days after being assigned
  204  to the appeal, and shall enter a recommended order within 30
  205  days after of the conclusion of such hearing. The commission
  206  shall enter a final order within 30 days after an order is
  207  rendered thereafter. The provisions of Chapter 120 and the
  208  uniform rules of procedure shall apply to such proceedings. The
  209  local government adopting the amendment that is subject to
  210  challenge has the burden of proving that the amendment complies
  211  with this subsection paragraph in proceedings before the
  212  compliance review board and the commission, as applicable.
  213  Actions of the commission are subject to judicial review under
  214  pursuant to s. 120.68. The compliance review board shall
  215  determine whether its decisions apply to a respective local
  216  jurisdiction or apply countywide.
  217         (h)9. An amendment adopted under this subsection paragraph
  218  must shall include a fiscal impact statement that which
  219  documents the costs and benefits of the proposed amendment.
  220  Criteria for the fiscal impact statement shall include the
  221  impact to local government relative to enforcement and, the
  222  impact to property and building owners and, as well as to
  223  industry, relative to the cost of compliance. The fiscal impact
  224  statement may not be used as a basis for challenging the
  225  amendment for compliance.
  226         (i)10. In addition to paragraphs (f) and (g) subparagraphs
  227  7. and 9., the commission may review any amendments adopted
  228  under pursuant to this subsection and make nonbinding
  229  recommendations related to compliance of such amendments with
  230  this subsection.
  231         (j)(c) Any amendment adopted by a local enforcing agency
  232  under pursuant to this subsection may shall not apply to state
  233  or school district owned buildings, manufactured buildings or
  234  factory-built school buildings approved by the commission, or
  235  prototype buildings approved under pursuant to s. 553.77(3). The
  236  respective responsible entities shall consider the physical
  237  performance parameters substantiating such amendments when
  238  designing, specifying, and constructing such exempt buildings.
  239         (k)(d) A technical amendment to the Florida Building Code
  240  related to water conservation practices or design criteria
  241  adopted by a local government under pursuant to this subsection
  242  is not rendered void when the code is updated if the technical
  243  amendment is necessary to protect or provide for more efficient
  244  use of water resources as provided in s. 373.621. However, any
  245  such technical amendment carried forward into the next edition
  246  of the code under pursuant to this paragraph is subject to
  247  review or modification as provided in this part.
  248         (l)If a local government adopts a regulation, law,
  249  ordinance, policy, amendment, or land use or zoning provision
  250  without using the process established in this subsection, and a
  251  substantially affected person considers such regulation, law,
  252  ordinance, policy, amendment, or land use or zoning provision to
  253  be a technical amendment to the Florida Building Code, then the
  254  substantially affected person may submit a petition to the
  255  commission for a nonbinding advisory opinion. If a substantially
  256  affected person submits a request in accordance with this
  257  paragraph, the commission shall issue a nonbinding advisory
  258  opinion stating whether or not the commission interprets the
  259  regulation, law, ordinance, policy, amendment, or land use or
  260  zoning provision as a technical amendment to the Florida
  261  Building Code. As used in this paragraph, the term “local
  262  government” means a county, municipality, special district, or
  263  political subdivision of the state.
  264         1.Requests to review a local government regulation, law,
  265  ordinance, policy, amendment, or land use or zoning provision
  266  may be initiated by any substantially affected person. A
  267  substantially affected person includes an owner or builder
  268  subject to the regulation, law, ordinance, policy, amendment, or
  269  land use or zoning provision, or an association of owners or
  270  builders having members who are subject to the regulation, law,
  271  ordinance, policy, amendment, or land use or zoning provision.
  272         2.In order to initiate a review, a substantially affected
  273  person must file a petition with the commission. The commission
  274  shall adopt a form for the petition and directions for filing,
  275  which shall be published on the Building Code Information
  276  System. The form shall, at a minimum, require the following:
  277         a.The name of the local government that enacted the
  278  regulation, law, ordinance, policy, amendment, or land use or
  279  zoning provision.
  280         b.The name and address of the local government’s general
  281  counsel or administrator.
  282         c.The name, address, and telephone number of the
  283  petitioner; the name, address, and telephone number of the
  284  petitioner’s representative, if any; and an explanation of how
  285  the petitioner’s substantial interests are being affected by the
  286  regulation, law, ordinance, policy, amendment, or land use or
  287  zoning provision.
  288         d.A statement explaining why the regulation, law,
  289  ordinance, policy, amendment, or land use or zoning provision is
  290  a technical amendment to the Florida Building Code, and which
  291  provisions of the Florida Building Code, if any, are being
  292  amended by the regulation, law, ordinance, policy, amendment, or
  293  land use or zoning provision.
  294         3.The petitioner shall serve the petition on the local
  295  government’s general counsel or administrator by certified mail,
  296  return receipt requested, and send a copy of the petition to the
  297  commission, in accordance with the commission’s published
  298  directions. The local government shall respond to the petition
  299  in accordance with the form by certified mail, return receipt
  300  requested, and send a copy of its response to the commission,
  301  within 14 days after receipt of the petition, including
  302  Saturdays, Sundays, and legal holidays.
  303         4.Upon receipt of a petition that meets the requirements
  304  of this paragraph, the commission shall publish the petition,
  305  including any response submitted by the local government, on the
  306  Building Code Information System in a manner that allows
  307  interested persons to address the issues by posting comments.
  308         5.Before issuing an advisory opinion, the commission shall
  309  consider the petition, the response, and any comments posted on
  310  the Building Code Information System. The commission may also
  311  provide the petition, the response, and any comments posted on
  312  the Building Code Information System to a technical advisory
  313  committee, and may consider any recommendation provided by the
  314  technical advisory committee. The commission shall issue an
  315  advisory opinion stating whether the regulation, law, ordinance,
  316  policy, amendment, or land use or zoning provision is a
  317  technical amendment to the Florida Building Code within 30 days
  318  after the filing of the petition, including Saturdays, Sundays,
  319  and legal holidays. The commission shall publish its advisory
  320  opinion on the Building Code Information System and in the
  321  Florida Administrative Register. The commission’s advisory
  322  opinion is nonbinding and is not a declaratory statement under
  323  s. 120.565.
  324         (8) Notwithstanding subsection (3) or subsection (7), the
  325  commission may address issues identified in this subsection by
  326  amending the code under pursuant to the rule adoption procedures
  327  in chapter 120. Updates to the Florida Building Code, including
  328  provisions contained in referenced standards and criteria which
  329  relate to wind resistance or the prevention of water intrusion,
  330  may not be amended under pursuant to this subsection to diminish
  331  those standards; however, the commission may amend the Florida
  332  Building Code to enhance such standards. Following the approval
  333  of any amendments to the Florida Building Code by the commission
  334  and publication of the amendments on the commission’s website,
  335  authorities having jurisdiction to enforce the Florida Building
  336  Code may enforce the amendments.
  337         (a) The commission may approve amendments that are needed
  338  to address:
  339         1.(a) Conflicts within the updated code;
  340         2.(b) Conflicts between the updated code and the Florida
  341  Fire Prevention Code adopted under pursuant to chapter 633;
  342         3.(c) Unintended results from the integration of previously
  343  adopted amendments with the model code;
  344         4.(d) Equivalency of standards;
  345         5.(e) Changes to or inconsistencies with federal or state
  346  law; or
  347         6.(f) Adoption of an updated edition of the National
  348  Electrical Code if the commission finds that delay of
  349  implementing the updated edition causes undue hardship to
  350  stakeholders or otherwise threatens the public health, safety,
  351  and welfare.
  352         (b)The commission may issue errata to the code to correct
  353  demonstrated errors in provisions contained within the Florida
  354  Building Code. The determination of such errors and the issuance
  355  of errata to the code must be approved by a 75 percent
  356  supermajority vote of the commission. For purposes of this
  357  paragraph, “errata to the code” means a list of errors in
  358  current and previous editions of the Florida Building Code.
  359         Section 4. Subsection (7) of section 553.77, Florida
  360  Statutes, is amended to read:
  361         553.77 Specific powers of the commission.—
  362         (7) Building officials shall recognize and enforce variance
  363  orders issued by the Department of Health under s. 514.0115(9)
  364  pursuant to s. 514.0115(8), including any conditions attached to
  365  the granting of the variance.
  366         Section 5. Paragraph (d) is added to subsection (1) of
  367  section 553.79, Florida Statutes, to read:
  368         553.79 Permits; applications; issuance; inspections.—
  369         (1)
  370         (d)A local government may not require a contract between a
  371  builder and an owner for the issuance of a building permit or as
  372  a requirement for the submission of a building permit
  373  application.
  374         Section 6. Subsection (20) is added to section 553.791,
  375  Florida Statutes, to read:
  376         553.791 Alternative plans review and inspection.—
  377         (20) Notwithstanding any other law, a county, a
  378  municipality, a school district, or an independent special
  379  district may use a private provider to provide building code
  380  inspection services for a public works project, an improvement,
  381  a building, or any other structure pursuant to this section.
  383  ================= T I T L E  A M E N D M E N T ================
  384  And the title is amended as follows:
  385         Delete lines 3 - 21
  386  and insert:
  387         s. 381.0065, F.S.; authorizing fee owners or fee
  388         owners’ contractors to select private providers to
  389         provide inspection services for onsite sewage
  390         treatment and disposal systems if certain requirements
  391         are met; providing legislative intent; requiring the
  392         Department of Health to reduce certain permit fees;
  393         prohibiting the department from charging inspection
  394         fees if the fee owner or contractor hires a private
  395         provider to perform an inspection; providing
  396         requirements for private providers or duly authorized
  397         representatives of private providers performing such
  398         inspections; requiring fee owners or contractors to
  399         provide specified notice to the department when using
  400         a private provider for such inspections; providing
  401         requirements for the contents of such notice;
  402         prohibiting the department from charging a fee for
  403         changing the duly authorized representative named in a
  404         permit application; authorizing the department to
  405         audit the performance of private providers; providing
  406         requirements relating to work on a building, a
  407         structure, or an onsite sewage treatment and disposal
  408         system relating to such audits; amending s. 514.0115,
  409         F.S.; prohibiting the Department of Health from
  410         requiring that pools serving assisted living
  411         facilities be compliant with rules relating to
  412         swimming pool lifeguards; amending s. 553.73, F.S.;
  413         authorizing a substantially affected person to file a
  414         petition with the Florida Building Commission to
  415         review certain local government regulations, laws,
  416         ordinances, policies, amendments, or land use or
  417         zoning provisions; defining the term “local
  418         government”; providing requirements for the petition
  419         and commission; requiring the commission to issue a
  420         nonbinding advisory opinion within a specified
  421         timeframe; authorizing the commission to issue errata
  422         to the code; defining the term “errata to the code”;
  423         making technical changes; amending s. 553.77, F.S.;
  424         conforming a cross-reference; amending s. 553.79,
  425         F.S.; prohibiting a local government from requiring
  426         certain contracts for the application for or issuance
  427         of a building permit; amending s. 553.791, F.S.;
  428         authorizing a county, a municipality, a school
  429         district, or an independent special district to use a
  430         private provider to provide building code inspection
  431         services for certain purposes; amending s. 553.842,
  432         F.S.;