Florida Senate - 2015 CS for SB 1232
By the Committee on Health Policy; and Senator Simpson
588-02725-15 20151232c1
1 A bill to be entitled
2 An act relating to building codes; amending s.
3 468.609, F.S.; revising the certification examination
4 requirements for building code inspectors, plans
5 examiners, and building code administrators; requiring
6 the Florida Building Code Administrators and
7 Inspectors Board to provide for issuance of certain
8 provisional certificates; amending s. 489.105, F.S.;
9 revising the term “plumbing contractor”; amending s.
10 489.1401, F.S.; revising legislative intent with
11 respect to the purpose of the Florida Homeowners’
12 Construction Recovery Fund; providing legislative
13 intent that Division II contractors set apart funds to
14 participate in the fund; amending s. 489.1402, F.S.;
15 revising terms; amending s. 489.141, F.S.; prohibiting
16 certain claimants from making a claim against the
17 recovery fund for certain contracts entered into
18 before a specified date; amending s. 489.1425, F.S.;
19 revising a notification provided by contractors to
20 certain residential property owners to state that
21 payment from the recovery fund is limited; amending s.
22 489.143, F.S.; revising provisions concerning payments
23 from the recovery fund; specifying claim amounts for
24 certain contracts entered into before or after
25 specified dates; providing aggregate caps for
26 payments; amending s. 489.503, F.S.; exempting certain
27 low-voltage landscape lighting from licensed
28 electrical contractor installation requirements;
29 amending s. 514.031, F.S.; requiring the Department of
30 Health to conduct inspections of certain public pools
31 with operating permits to ensure continued compliance
32 with specified criteria; authorizing the department to
33 adopt rules; specifying the department’s jurisdiction
34 for purposes of inspecting certain public pools;
35 specifying duties of local enforcement agencies
36 regarding modifications and repairs made to certain
37 public pools as a result of the department’s
38 inspections; requiring the department to ensure that
39 certain rules enforced by local enforcement agencies
40 comply with the Florida Building Code; amending s.
41 514.05, F.S.; specifying that the department may deny,
42 suspend, or revoke operating permits for certain pools
43 and bathing places if certain plans, variances, or
44 requirements of the Florida Building Code are
45 violated; specifying that the department may assess an
46 administrative fine for violations by certain public
47 pools and bathing places if certain plans, variances,
48 or requirements of the Florida Building Code are
49 violated; amending s. 553.721, F.S.; directing the
50 Florida Building Code Compliance and Mitigation
51 Program to fund, from existing resources, the
52 recommendations made by the Building Code System
53 Uniform Implementation Evaluation Workgroup; providing
54 a limitation; requiring that a specified amount of
55 funds from the surcharge be used to fund certain
56 Florida Fire Code informal interpretations; amending
57 s. 553.73, F.S.; authorizing local boards created to
58 address specified issues to combine the appeals boards
59 to create a single, local board; authorizing the
60 appeal to a local administrative board of specified
61 decisions made by a local fire official; specifying
62 the decisions of the local building official and the
63 local fire official which are subject to review;
64 requiring the permitted installation or replacement of
65 a water heater in a conditioned or attic space to
66 include a water leak detection device; prohibiting the
67 Florida Building Code from requiring more than one
68 fire access elevator in certain buildings; amending s.
69 553.79, F.S.; authorizing a building official to issue
70 a permit for the construction of the foundation or any
71 other part of a building or structure before the
72 construction documents for the whole building or
73 structure have been submitted; providing that the
74 holder of such permit shall begin building at the
75 holder’s own risk with the building operation and
76 without assurance that a permit for the entire
77 structure will be granted; requiring local enforcing
78 agencies to permit and inspect modifications and
79 repairs made to certain public pools and public
80 bathing places as a result of the department’s
81 inspections; amending s. 553.841, F.S.; authorizing
82 the department to maintain, update, develop or cause
83 to be developed code-related training and education;
84 removing provisions related to the development of
85 advanced courses with respect to the Florida Building
86 Code Compliance and Mitigation Program and the
87 accreditation of courses related to the Florida
88 Building Code; amending s. 553.842, F.S.; providing
89 that Underwriters Laboratories, LLC, is an approved
90 evaluation entity; amending s. 553.908, F.S.;
91 requiring local enforcement agencies to accept duct
92 and air infiltration tests conducted in accordance
93 with certain guidelines by specified individuals;
94 amending s. 633.102, F.S.; revising terms; amending s.
95 633.104, F.S.; defining a term; clarifying intent;
96 amending s. 633.202, F.S.; requiring all new high-rise
97 and existing high-rise buildings to maintain a minimum
98 radio signal strength for fire department
99 communications; providing a transitory period for
100 compliance; requiring areas of refuge to be required
101 as determined by the Florida Building Code
102 Accessibility; prohibiting dead-end corridors within
103 an apartment from exceeding a specified footage in
104 specified buildings; amending s. 633.216, F.S.;
105 requiring fire prevention plan reviewers to be
106 certified by a specified date; authorizing the State
107 Fire Marshal to determine alternative educational and
108 experience requirements or certifications; creating
109 the Calder Sloan Swimming Pool Electrical-Safety Task
110 Force within the Florida Building Commission;
111 specifying the purpose of the task force; providing
112 for membership; requiring members of the task force to
113 elect the chair; requiring the Florida Building
114 Commission to provide staff, information, and other
115 assistance to the task force; authorizing the
116 reimbursement of task force members for certain
117 expenses; requiring a report to the Governor, the
118 President of the Senate, and the Speaker of the House
119 of Representatives by a specified date; providing for
120 future repeal of the task force; providing an
121 effective date.
122
123 Be It Enacted by the Legislature of the State of Florida:
124
125 Section 1. Subsections (2), (3), and (7) of section
126 468.609, Florida Statutes, are amended to read:
127 468.609 Administration of this part; standards for
128 certification; additional categories of certification.—
129 (2) A person may take the examination for certification as
130 a building code inspector or plans examiner pursuant to this
131 part if the person:
132 (a) Is at least 18 years of age.
133 (b) Is of good moral character.
134 (c) Meets eligibility requirements according to one of the
135 following criteria:
136 1. Demonstrates 5 years’ combined experience in the field
137 of construction or a related field, building code inspection, or
138 plans review corresponding to the certification category sought;
139 2. Demonstrates a combination of postsecondary education in
140 the field of construction or a related field and experience
141 which totals 4 years, with at least 1 year of such total being
142 experience in construction, building code inspection, or plans
143 review;
144 3. Demonstrates a combination of technical education in the
145 field of construction or a related field and experience which
146 totals 4 years, with at least 1 year of such total being
147 experience in construction, building code inspection, or plans
148 review;
149 4. Currently holds a standard certificate as issued by the
150 board, or a firesafety fire safety inspector license issued
151 pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
152 full-time experience in inspection or plan review, and
153 satisfactorily completes a building code inspector or plans
154 examiner training program that provides at least 100 hours but
155 not more of not less than 200 hours of cross-training in the
156 certification category sought. The board shall establish by rule
157 criteria for the development and implementation of the training
158 programs. The board shall accept all classroom training offered
159 by an approved provider if the content substantially meets the
160 intent of the classroom component of the training program; or
161 5. Demonstrates a combination of the completion of an
162 approved training program in the field of building code
163 inspection or plan review and a minimum of 2 years’ experience
164 in the field of building code inspection, plan review, fire code
165 inspections, and fire plans review of new buildings as a
166 firesafety inspector certified under s. 633.216, or
167 construction. The approved training portion of this requirement
168 shall include proof of satisfactory completion of a training
169 program that provides at least 200 hours but not more of not
170 less than 300 hours of cross-training which is approved by the
171 board in the chosen category of building code inspection or plan
172 review in the certification category sought with at least not
173 less than 20 hours but not more than 30 hours of instruction in
174 state laws, rules, and ethics relating to professional standards
175 of practice, duties, and responsibilities of a
176 certificateholder. The board shall coordinate with the Building
177 Officials Association of Florida, Inc., to establish by rule the
178 development and implementation of the training program. However,
179 the board shall accept all classroom training offered by an
180 approved provider if the content substantially meets the intent
181 of the classroom component of the training program; or
182 6. Currently holds a standard certificate issued by the
183 board or a firesafety inspector license issued pursuant to
184 chapter 633 and:
185 a. Has at least 5 years of verifiable full-time experience
186 as an inspector or plans examiner in a standard certification
187 category currently held or has a minimum of 5 years’ verifiable
188 full-time experience as a firesafety inspector licensed pursuant
189 to chapter 633; and
190 b. Satisfactorily completes a building code inspector or
191 plans examiner classroom training course or program that
192 provides at least 40 but not more than 300 hours in the
193 certification category sought, except for one-family and two
194 family dwelling training programs which are required to provide
195 at least 500 but not more than 800 hours of training as
196 prescribed by the board. The board shall establish by rule
197 criteria for the development and implementation of classroom
198 training courses and programs in each certification category.
199 (3) A person may take the examination for certification as
200 a building code administrator pursuant to this part if the
201 person:
202 (a) Is at least 18 years of age.
203 (b) Is of good moral character.
204 (c) Meets eligibility requirements according to one of the
205 following criteria:
206 1. Demonstrates 7 10 years’ combined experience as an
207 architect, engineer, plans examiner, building code inspector,
208 firesafety inspector certified under s. 633.216, registered or
209 certified contractor, or construction superintendent, with at
210 least 3 5 years of such experience in supervisory positions; or
211 2. Demonstrates a combination of postsecondary education in
212 the field of construction or related field, no more than 5 years
213 of which may be applied, and experience as an architect,
214 engineer, plans examiner, building code inspector, firesafety
215 inspector certified under s. 633.216, registered or certified
216 contractor, or construction superintendent which totals 7 10
217 years, with at least 3 5 years of such total being experience in
218 supervisory positions. In addition, the applicant must have
219 completed training consisting of at least 20 hours but not more
220 than 30 hours of instruction in state laws, rules, and ethics
221 relating to professional standards of practice, duties, and
222 responsibilities of a certificateholder.
223 (7)(a) The board shall may provide for the issuance of
224 provisional certificates valid for 1 year, as specified by board
225 rule, to any newly employed or promoted building code inspector
226 or plans examiner who meets the eligibility requirements
227 described in subsection (2) and any newly employed or promoted
228 building code administrator who meets the eligibility
229 requirements described in subsection (3). The provisional
230 license may be renewed by the board for just cause; however, a
231 provisional license is not valid for a period longer than 3
232 years.
233 (b) No building code administrator, plans examiner, or
234 building code inspector may have a provisional certificate
235 extended beyond the specified period by renewal or otherwise.
236 (c) The board shall may provide for appropriate levels of
237 provisional certificates and may issue these certificates with
238 such special conditions or requirements relating to the place of
239 employment of the person holding the certificate, the
240 supervision of such person on a consulting or advisory basis, or
241 other matters as the board may deem necessary to protect the
242 public safety and health.
243 (d) A newly employed or hired person may perform the duties
244 of a plans examiner or building code inspector for 120 days if a
245 provisional certificate application has been submitted if such
246 person is under the direct supervision of a certified building
247 code administrator who holds a standard certification and who
248 has found such person qualified for a provisional certificate.
249 Direct supervision and the determination of qualifications may
250 also be provided by a building code administrator who holds a
251 limited or provisional certificate in a county having a
252 population of fewer than 75,000 and in a municipality located
253 within such county.
254 Section 2. Paragraph (m) of subsection (3) of section
255 489.105, Florida Statutes, is amended to read:
256 489.105 Definitions.—As used in this part:
257 (3) “Contractor” means the person who is qualified for, and
258 is only responsible for, the project contracted for and means,
259 except as exempted in this part, the person who, for
260 compensation, undertakes to, submits a bid to, or does himself
261 or herself or by others construct, repair, alter, remodel, add
262 to, demolish, subtract from, or improve any building or
263 structure, including related improvements to real estate, for
264 others or for resale to others; and whose job scope is
265 substantially similar to the job scope described in one of the
266 paragraphs of this subsection. For the purposes of regulation
267 under this part, the term “demolish” applies only to demolition
268 of steel tanks more than 50 feet in height; towers more than 50
269 feet in height; other structures more than 50 feet in height;
270 and all buildings or residences. Contractors are subdivided into
271 two divisions, Division I, consisting of those contractors
272 defined in paragraphs (a)-(c), and Division II, consisting of
273 those contractors defined in paragraphs (d)-(q):
274 (m) “Plumbing contractor” means a contractor whose services
275 are unlimited in the plumbing trade and includes contracting
276 business consisting of the execution of contracts requiring the
277 experience, financial means, knowledge, and skill to install,
278 maintain, repair, alter, extend, or, if not prohibited by law,
279 design plumbing. A plumbing contractor may install, maintain,
280 repair, alter, extend, or, if not prohibited by law, design the
281 following without obtaining an additional local regulatory
282 license, certificate, or registration: sanitary drainage or
283 storm drainage facilities, water and sewer plants and
284 substations, venting systems, public or private water supply
285 systems, septic tanks, drainage and supply wells, swimming pool
286 piping, irrigation systems, and solar heating water systems and
287 all appurtenances, apparatus, or equipment used in connection
288 therewith, including boilers and pressure process piping and
289 including the installation of water, natural gas, liquefied
290 petroleum gas and related venting, and storm and sanitary sewer
291 lines. The scope of work of the plumbing contractor also
292 includes the design, if not prohibited by law, and installation,
293 maintenance, repair, alteration, or extension of air-piping,
294 vacuum line piping, oxygen line piping, nitrous oxide piping,
295 and all related medical gas systems; fire line standpipes and
296 fire sprinklers if authorized by law; ink and chemical lines;
297 fuel oil and gasoline piping and tank and pump installation,
298 except bulk storage plants; and pneumatic control piping
299 systems, all in a manner that complies with all plans,
300 specifications, codes, laws, and regulations applicable. The
301 scope of work of the plumbing contractor applies to private
302 property and public property, including any excavation work
303 incidental thereto, and includes the work of the specialty
304 plumbing contractor. Such contractor shall subcontract, with a
305 qualified contractor in the field concerned, all other work
306 incidental to the work but which is specified as being the work
307 of a trade other than that of a plumbing contractor. This
308 definition does not limit the scope of work of any specialty
309 contractor certified pursuant to s. 489.113(6), and does not
310 require certification or registration under this part for a
311 category I liquefied petroleum gas dealer, LP gas installer, or
312 specialty installer who is licensed under chapter 527 or an of
313 any authorized employee of a public natural gas utility or of a
314 private natural gas utility regulated by the Public Service
315 Commission when disconnecting and reconnecting water lines in
316 the servicing or replacement of an existing water heater. A
317 plumbing contractor may perform drain cleaning and clearing and
318 install or repair rainwater catchment systems; however, a
319 mandatory licensing requirement is not established for the
320 performance of these specific services.
321 Section 3. Subsections (2) and (3) of section 489.1401,
322 Florida Statutes, are amended to read:
323 489.1401 Legislative intent.—
324 (2) It is the intent of the Legislature that the sole
325 purpose of the Florida Homeowners’ Construction Recovery Fund is
326 to compensate an any aggrieved claimant who contracted for the
327 construction or improvement of the homeowner’s residence located
328 within this state and who has obtained a final judgment in a any
329 court of competent jurisdiction, was awarded restitution by the
330 Construction Industry Licensing Board, or received an award in
331 arbitration against a licensee on grounds of financial
332 mismanagement or misconduct, abandoning a construction project,
333 or making a false statement with respect to a project. Such
334 grievance must arise and arising directly out of a any
335 transaction conducted when the judgment debtor was licensed and
336 must involve an act performed any of the activities enumerated
337 under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
338 (3) It is the intent of the Legislature that Division I and
339 Division II contractors set apart funds for the specific
340 objective of participating in the fund.
341 Section 4. Paragraphs (d), (i), (k), and (l) of subsection
342 (1) of section 489.1402, Florida Statutes, are amended to read:
343 489.1402 Homeowners’ Construction Recovery Fund;
344 definitions.—
345 (1) The following definitions apply to ss. 489.140-489.144:
346 (d) “Contractor” means a Division I or Division II
347 contractor performing his or her respective services described
348 in s. 489.105(3)(a)-(q) 489.105(3)(a)-(c).
349 (i) “Residence” means a single-family residence, an
350 individual residential condominium or cooperative unit, or a
351 residential building containing not more than two residential
352 units in which the owner contracting for the improvement is
353 residing or will reside 6 months or more each calendar year upon
354 completion of the improvement.
355 (k) “Same transaction” means a contract, or a any series of
356 contracts, between a claimant and a contractor or qualified
357 business, when such contract or contracts involve the same
358 property or contiguous properties and are entered into either at
359 one time or serially.
360 (l) “Valid and current license,” for the purpose of s.
361 489.141(2)(d), means a any license issued pursuant to this part
362 to a licensee, including a license in an active, inactive,
363 delinquent, or suspended status.
364 Section 5. Subsections (1) and (2) of section 489.141,
365 Florida Statutes, are amended to read:
366 489.141 Conditions for recovery; eligibility.—
367 (1) A Any claimant is eligible to seek recovery from the
368 recovery fund after making having made a claim and exhausting
369 the limits of any available bond, cash bond, surety, guarantee,
370 warranty, letter of credit, or policy of insurance if, provided
371 that each of the following conditions is satisfied:
372 (a) The claimant has received a final judgment in a court
373 of competent jurisdiction in this state or has received an award
374 in arbitration or the Construction Industry Licensing Board has
375 issued a final order directing the licensee to pay restitution
376 to the claimant. The board may waive this requirement if:
377 1. The claimant is unable to secure a final judgment
378 against the licensee due to the death of the licensee; or
379 2. The claimant has sought to have assets involving the
380 transaction that gave rise to the claim removed from the
381 bankruptcy proceedings so that the matter might be heard in a
382 court of competent jurisdiction in this state and, after due
383 diligence, the claimant is precluded by action of the bankruptcy
384 court from securing a final judgment against the licensee.
385 (b) The judgment, award, or restitution is based upon a
386 violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
387 (c) The violation was committed by a licensee.
388 (d) The judgment, award, or restitution order specifies the
389 actual damages suffered as a consequence of such violation.
390 (e) The contract was executed and the violation occurred on
391 or after July 1, 1993, and provided that:
392 1. The claimant has caused to be issued a writ of execution
393 upon such judgment, and the officer executing the writ has made
394 a return showing that no personal or real property of the
395 judgment debtor or licensee liable to be levied upon in
396 satisfaction of the judgment can be found or that the amount
397 realized on the sale of the judgment debtor’s or licensee’s
398 property pursuant to such execution was insufficient to satisfy
399 the judgment;
400 2. If the claimant is unable to comply with subparagraph 1.
401 for a valid reason to be determined by the board, the claimant
402 has made all reasonable searches and inquiries to ascertain
403 whether the judgment debtor or licensee is possessed of real or
404 personal property or other assets subject to being sold or
405 applied in satisfaction of the judgment and by his or her search
406 has discovered no property or assets or has discovered property
407 and assets and has taken all necessary action and proceedings
408 for the application thereof to the judgment but the amount
409 thereby realized was insufficient to satisfy the judgment; and
410 3. The claimant has made a diligent attempt, as defined by
411 board rule, to collect the restitution awarded by the board.
412 (f) A claim for recovery is made within 1 year after the
413 conclusion of any civil, criminal, or administrative action or
414 award in arbitration based on the act. This paragraph applies to
415 any claim filed with the board after October 1, 1998.
416 (g) Any amounts recovered by the claimant from the judgment
417 debtor or licensee, or from any other source, have been applied
418 to the damages awarded by the court or the amount of restitution
419 ordered by the board.
420 (h) The claimant is not a person who is precluded by this
421 act from making a claim for recovery.
422 (2) A claimant is not qualified to make a claim for
423 recovery from the recovery fund, if:
424 (a) The claimant is the spouse of the judgment debtor or
425 licensee or a personal representative of such spouse;
426 (b) The claimant is a licensee who acted as the contractor
427 in the transaction that which is the subject of the claim;
428 (c) The claim is based upon a construction contract in
429 which the licensee was acting with respect to the property owned
430 or controlled by the licensee;
431 (d) The claim is based upon a construction contract in
432 which the contractor did not hold a valid and current license at
433 the time of the construction contract;
434 (e) The claimant was associated in a business relationship
435 with the licensee other than the contract at issue; or
436 (f) The claimant has suffered damages as the result of
437 making improper payments to a contractor as defined in part I of
438 chapter 713; or
439 (f)(g) The claimant has entered into a contract contracted
440 with a licensee to perform a scope of work described in s.
441 489.105(3)(d)-(q) before July 1, 2015 489.105(3)(d)-(p).
442 Section 6. Subsection (1) of section 489.1425, Florida
443 Statutes, is amended to read:
444 489.1425 Duty of contractor to notify residential property
445 owner of recovery fund.—
446 (1) Each Any agreement or contract for repair, restoration,
447 improvement, or construction to residential real property must
448 contain a written statement explaining the consumer’s rights
449 under the recovery fund, except where the value of all labor and
450 materials does not exceed $2,500. The written statement must be
451 substantially in the following form:
452
453 FLORIDA HOMEOWNERS’ CONSTRUCTION
454 RECOVERY FUND
455
456 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
457 FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
458 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
459 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
460 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
461 CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
462 AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
463
464 The statement must shall be immediately followed by the board’s
465 address and telephone number as established by board rule.
466 Section 7. Section 489.143, Florida Statutes, is amended to
467 read:
468 489.143 Payment from the fund.—
469 (1) The fund shall be disbursed as provided in s. 489.141
470 on a final order of the board.
471 (2) A Any claimant who meets all of the conditions
472 prescribed in s. 489.141 may apply to the board to cause payment
473 to be made to a claimant from the recovery fund in an amount
474 equal to the judgment, award, or restitution order or $25,000,
475 whichever is less, or an amount equal to the unsatisfied portion
476 of such person’s judgment, award, or restitution order, but only
477 to the extent and amount of actual damages suffered by the
478 claimant, and only up to the maximum payment allowed for each
479 respective Division I and Division II claim. Payment from the
480 fund for other costs related to or pursuant to civil proceedings
481 such as postjudgment interest, attorney attorney’s fees, court
482 costs, medical damages, and punitive damages is prohibited. The
483 recovery fund is not obligated to pay a any judgment, an award,
484 or a restitution order, or any portion thereof, which is not
485 expressly based on one of the grounds for recovery set forth in
486 s. 489.141.
487 (3) Beginning January 1, 2005, for each Division I contract
488 entered into after July 1, 2004, payment from the recovery fund
489 shall be subject to a $50,000 maximum payment for each Division
490 I claim. Beginning January 1, 2016, for each Division II
491 contract entered into on or after July 1, 2015, payment from the
492 recovery fund shall be subject to a $15,000 maximum payment for
493 each Division II claim.
494 (4)(3) Upon receipt by a claimant under subsection (2) of
495 payment from the recovery fund, the claimant shall assign his or
496 her additional right, title, and interest in the judgment,
497 award, or restitution order, to the extent of such payment, to
498 the board, and thereupon the board shall be subrogated to the
499 right, title, and interest of the claimant; and any amount
500 subsequently recovered on the judgment, award, or restitution
501 order, to the extent of the right, title, and interest of the
502 board therein, shall be for the purpose of reimbursing the
503 recovery fund.
504 (5)(4) Payments for claims arising out of the same
505 transaction shall be limited, in the aggregate, to the lesser of
506 the judgment, award, or restitution order or the maximum payment
507 allowed for a Division I or Division II claim, regardless of the
508 number of claimants involved in the transaction.
509 (6)(5) For contracts entered into before July 1, 2004,
510 payments for claims against any one licensee may shall not
511 exceed, in the aggregate, $100,000 annually, up to a total
512 aggregate of $250,000. For any claim approved by the board which
513 is in excess of the annual cap, the amount in excess of $100,000
514 up to the total aggregate cap of $250,000 is eligible for
515 payment in the next and succeeding fiscal years, but only after
516 all claims for the then-current calendar year have been paid.
517 Payments may not exceed the aggregate annual or per claimant
518 limits under law. Beginning January 1, 2005, for each Division I
519 contract entered into after July 1, 2004, payment from the
520 recovery fund is subject only to a total aggregate cap of
521 $500,000 for each Division I licensee. Beginning January 1,
522 2016, for each Division II contract entered into on or after
523 July 1, 2015, payment from the recovery fund is subject only to
524 a total aggregate cap of $150,000 for each Division II licensee.
525 (7)(6) Claims shall be paid in the order filed, up to the
526 aggregate limits for each transaction and licensee and to the
527 limits of the amount appropriated to pay claims against the fund
528 for the fiscal year in which the claims were filed. Payments may
529 not exceed the total aggregate cap per license or per claimant
530 limits under this section.
531 (8)(7) If the annual appropriation is exhausted with claims
532 pending, such claims shall be carried forward to the next fiscal
533 year. Any moneys in excess of pending claims remaining in the
534 recovery fund at the end of the fiscal year shall be paid as
535 provided in s. 468.631.
536 (9)(8) Upon the payment of any amount from the recovery
537 fund in settlement of a claim in satisfaction of a judgment,
538 award, or restitution order against a licensee as described in
539 s. 489.141, the license of such licensee shall be automatically
540 suspended, without further administrative action, upon the date
541 of payment from the fund. The license of such licensee may shall
542 not be reinstated until he or she has repaid in full, plus
543 interest, the amount paid from the fund. A discharge of
544 bankruptcy does not relieve a person from the penalties and
545 disabilities provided in this section.
546 (10)(9) A Any firm, a corporation, a partnership, or an
547 association, or a any person acting in his or her individual
548 capacity, who aids, abets, solicits, or conspires with another
549 any person to knowingly present or cause to be presented a any
550 false or fraudulent claim for the payment of a loss under this
551 act commits is guilty of a third-degree felony, punishable as
552 provided in s. 775.082 or s. 775.084 and by a fine of up to not
553 exceeding $30,000, unless the value of the fraud exceeds that
554 amount, $30,000 in which event the fine may not exceed double
555 the value of the fraud.
556 (11)(10) Each payment All payments and disbursement
557 disbursements from the recovery fund shall be made by the Chief
558 Financial Officer upon a voucher signed by the secretary of the
559 department or the secretary’s designee.
560 Section 8. Subsection (24) is added to section 489.503,
561 Florida Statutes, to read:
562 489.503 Exemptions.—This part does not apply to:
563 (24) A person who installs low-voltage landscape lighting
564 that contains a factory-installed electrical cord with plug and
565 does not require installation, wiring, or modification to the
566 electrical wiring of a structure.
567 Section 9. Subsections (2) through (5) of section 514.031,
568 Florida Statutes, are renumbered as subsections (3) through (6),
569 respectively, and a new subsection (2) is added to that section
570 to read:
571 514.031 Permit necessary to operate public swimming pool.—
572 (2) The department shall ensure through inspections that a
573 public swimming pool with an operating permit continues to be
574 operated and maintained in compliance with rules adopted under
575 this section, the original approved plans and specifications or
576 variances, and the Florida Building Code adopted under chapter
577 553 applicable to public pools or public bathing places. The
578 department may adopt and enforce rules to implement this
579 subsection, including provisions for closing those pools and
580 bathing places not in compliance. For purposes of this
581 subsection, the department’s jurisdiction includes the pool, the
582 pool deck, the barrier as defined in s. 515.25, and the bathroom
583 facilities for pool patrons. The local enforcement agency shall
584 permit and inspect repairs or modifications required as a result
585 of the department’s inspections and may take enforcement action
586 to ensure compliance. The department shall ensure that the rules
587 enforced by the local enforcement agency under this subsection
588 are not inconsistent with the Florida Building Code adopted
589 under chapter 553.
590 Section 10. Subsections (1), (2), and (5) of section
591 514.05, Florida Statutes, are amended to read:
592 514.05 Denial, suspension, or revocation of permit;
593 administrative fines.—
594 (1) The department may deny an application for an a
595 operating permit, suspend or revoke a permit issued to any
596 person or public body, or impose an administrative fine upon the
597 failure of such person or public body to comply with the
598 provisions of this chapter, the original approved plans and
599 specifications or variances, the Florida Building Code adopted
600 under chapter 553 applicable to public pools or public bathing
601 places, or the rules adopted hereunder.
602 (2) The department may impose an administrative fine, which
603 shall not exceed $500 for each violation, for the violation of
604 this chapter, the original approved plans and specifications or
605 variances, the Florida Building Code adopted under chapter 553
606 applicable to public pools or public bathing places, or the
607 rules adopted hereunder and for the violation of any of the
608 provisions of chapter 386. Notice of intent to impose such fine
609 shall be given by the department to the alleged violator. Each
610 day that a violation continues may constitute a separate
611 violation.
612 (5) Under conditions specified by rule, the department may
613 close a public pool that is not in compliance with this chapter,
614 the original approved plans and specifications or variances, the
615 Florida Building Code adopted under chapter 553 applicable to
616 public pools or public bathing places, or the rules adopted
617 under this chapter.
618 Section 11. Section 553.721, Florida Statutes, is amended
619 to read:
620 553.721 Surcharge.—In order for the Department of Business
621 and Professional Regulation to administer and carry out the
622 purposes of this part and related activities, there is created a
623 surcharge, to be assessed at the rate of 1.5 percent of the
624 permit fees associated with enforcement of the Florida Building
625 Code as defined by the uniform account criteria and specifically
626 the uniform account code for building permits adopted for local
627 government financial reporting pursuant to s. 218.32. The
628 minimum amount collected on any permit issued shall be $2. The
629 unit of government responsible for collecting a permit fee
630 pursuant to s. 125.56(4) or s. 166.201 shall collect the
631 surcharge and electronically remit the funds collected to the
632 department on a quarterly calendar basis for the preceding
633 quarter and continuing each third month thereafter. The unit of
634 government shall retain 10 percent of the surcharge collected to
635 fund the participation of building departments in the national
636 and state building code adoption processes and to provide
637 education related to enforcement of the Florida Building Code.
638 All funds remitted to the department pursuant to this section
639 shall be deposited in the Professional Regulation Trust Fund.
640 Funds collected from the surcharge shall be allocated to fund
641 the Florida Building Commission and the Florida Building Code
642 Compliance and Mitigation Program under s. 553.841. Funds
643 allocated to the Florida Building Code Compliance and Mitigation
644 Program shall be $925,000 each fiscal year. The Florida Building
645 Code Compliance and Mitigation Program shall fund the
646 recommendations made by the Building Code System Uniform
647 Implementation Evaluation Workgroup, dated April 8, 2013, from
648 existing resources, not to exceed $30,000 in the 2015-2016
649 fiscal year. Funds collected from the surcharge shall also be
650 used to fund Florida Fire Code informal interpretations managed
651 by the State Fire Marshal and shall be limited to $15,000 each
652 fiscal year. The funds collected from the surcharge may not be
653 used to fund research on techniques for mitigation of radon in
654 existing buildings. Funds used by the department as well as
655 funds to be transferred to the Department of Health and the
656 State Fire Marshal shall be as prescribed in the annual General
657 Appropriations Act. The department shall adopt rules governing
658 the collection and remittance of surcharges pursuant to chapter
659 120.
660 Section 12. Subsection (11) of section 553.73, Florida
661 Statutes is amended, and subsections (19) and (20) are added to
662 that to read:
663 553.73 Florida Building Code.—
664 (11)(a) In the event of a conflict between the Florida
665 Building Code and the Florida Fire Prevention Code and the Life
666 Safety Code as applied to a specific project, the conflict shall
667 be resolved by agreement between the local building code
668 enforcement official and the local fire code enforcement
669 official in favor of the requirement of the code which offers
670 the greatest degree of lifesafety or alternatives which would
671 provide an equivalent degree of lifesafety and an equivalent
672 method of construction. Local boards created to address issues
673 arising under the Florida Building Code and the Florida Fire
674 Prevention Code may combine the appeals boards to create a
675 single, local board having jurisdiction over matters arising
676 under either or both codes.
677 (b) Any decision made by the local fire official regarding
678 application, interpretation, or enforcement of the Florida Fire
679 Prevention Code or and the local building official regarding
680 application, interpretation, or enforcement of the Florida
681 Building Code, or the appropriate application of either or both
682 codes in the case of a conflict between the codes, may be
683 appealed to a local administrative board designated by the
684 municipality, county, or special district having firesafety
685 responsibilities. If the decision of the local fire official and
686 the local building official is to apply the provisions of either
687 the Florida Building Code or the Florida Fire Prevention Code
688 and the Life Safety Code, the board may not alter the decision
689 unless the board determines that the application of such code is
690 not reasonable. If the decision of the local fire official and
691 the local building official is to adopt an alternative to the
692 codes, the local administrative board shall give due regard to
693 the decision rendered by the local officials and may modify that
694 decision if the administrative board adopts a better
695 alternative, taking into consideration all relevant
696 circumstances. In any case in which the local administrative
697 board adopts alternatives to the decision rendered by the local
698 fire official and the local building official, such alternatives
699 shall provide an equivalent degree of lifesafety and an
700 equivalent method of construction as the decision rendered by
701 the local officials.
702 (c) If the local building official and the local fire
703 official are unable to agree on a resolution of the conflict
704 between the Florida Building Code and the Florida Fire
705 Prevention Code and the Life Safety Code, the local
706 administrative board shall resolve the conflict in favor of the
707 code which offers the greatest degree of lifesafety or
708 alternatives which would provide an equivalent degree of
709 lifesafety and an equivalent method of construction.
710 (d) All decisions of the local administrative board, or if
711 none exists, the decisions of the local building official and
712 the local fire official in regard to the application,
713 enforcement, or interpretation of the Florida Fire Prevention
714 Code, or conflicts between the Florida Fire Prevention Code and
715 the Florida Building Code, are subject to review by a joint
716 committee composed of members of the Florida Building Commission
717 and the Fire Code Advisory Council. If the joint committee is
718 unable to resolve conflicts between the codes as applied to a
719 specific project, the matter shall be resolved pursuant to the
720 provisions of paragraph (1)(d). Decisions of the local
721 administrative board solely in regard to the provisions of the
722 Florida Building Code are subject to review as set forth in s.
723 553.775.
724 (e) The local administrative board shall, to the greatest
725 extent possible, be composed of members with expertise in
726 building construction and firesafety standards.
727 (f) All decisions of the local building official and local
728 fire official and all decisions of the administrative board
729 shall be in writing and shall be binding upon a person but do
730 not limit the authority of the State Fire Marshal or the Florida
731 Building Commission pursuant to paragraph (1)(d) and ss. 633.104
732 and 633.228. Decisions of general application shall be indexed
733 by building and fire code sections and shall be available for
734 inspection during normal business hours.
735 (19) In other than one- and two-family detached single
736 family dwellings, a local enforcing agency that requires a
737 permit to install or replace a hot water heater shall require
738 that a hard-wired or battery-operated water-level detection
739 device be secured to the drain pan area at a level lower than
740 the drain connection upon installation or replacement of the hot
741 water heater. The device must include an audible alarm and, if
742 battery-operated, must have a 10-year low-battery notification
743 capability.
744 (20) The Florida Building Code may not require more than
745 one fire access elevator in buildings that are Occupancy Group
746 R-2.
747 Section 13. Subsections (6) and (11) of section 553.79,
748 Florida Statutes, are amended to read:
749 553.79 Permits; applications; issuance; inspections.—
750 (6) A permit may not be issued for any building
751 construction, erection, alteration, modification, repair, or
752 addition unless the applicant for such permit complies with the
753 requirements for plan review established by the Florida Building
754 Commission within the Florida Building Code. However, the code
755 shall set standards and criteria to authorize preliminary
756 construction before completion of all building plans review,
757 including, but not limited to, special permits for the
758 foundation only, and such standards shall take effect concurrent
759 with the first effective date of the Florida Building Code.
760 After submittal of the appropriate construction documents, the
761 building official is authorized to issue a permit for the
762 construction of foundations or any other part of a building or
763 structure before the construction documents for the whole
764 building or structure have been submitted. No other agency
765 review or approval may be required before the issuance of a
766 phased permit due to the fact that the project will need all the
767 necessary outside agencies’ reviews and approvals before the
768 issuance of a master building permit. The holder of such permit
769 for the foundation or other parts of a building or structure
770 shall proceed at the holder’s own risk with the building
771 operation and without assurance that a permit for the entire
772 structure will be granted. Corrections may be required to meet
773 the requirements of the technical codes.
774 (11)(a) The local enforcing agency may not issue a building
775 permit to construct, develop, or modify a public swimming pool
776 without proof of application, whether complete or incomplete,
777 for an operating permit pursuant to s. 514.031. A certificate of
778 completion or occupancy may not be issued until such operating
779 permit is issued. The local enforcing agency shall conduct its
780 review of the building permit application upon filing and in
781 accordance with this chapter. The local enforcing agency may
782 confer with the Department of Health, if necessary, but may not
783 delay the building permit application review while awaiting
784 comment from the Department of Health.
785 (b) If the department determines under s. 514.031(2) that a
786 public pool or a public bathing place is not being operated or
787 maintained in compliance with department’s rules, the original
788 approved plans and specifications or variances, and the Florida
789 Building Code, the local enforcing agency shall permit and
790 inspect the repairs or modifications required as a result of the
791 department’s inspections and may take enforcement action to
792 ensure compliance.
793 Section 14. Subsections (4) and (7) of section 553.841,
794 Florida Statutes, are amended, to read:
795 553.841 Building code compliance and mitigation program.—
796 (4) In administering the Florida Building Code Compliance
797 and Mitigation Program, the department may shall maintain,
798 update, develop, or cause to be developed code-related training
799 and education advanced modules designed for use by each
800 profession.
801 (7) The Florida Building Commission shall provide by rule
802 for the accreditation of courses related to the Florida Building
803 Code by accreditors approved by the commission. The commission
804 shall establish qualifications of accreditors and criteria for
805 the accreditation of courses by rule. The commission may revoke
806 the accreditation of a course by an accreditor if the
807 accreditation is demonstrated to violate this part or the rules
808 of the commission.
809 Section 15. Paragraph (a) of subsection (8) of section
810 553.842, Florida Statutes, is amended to read:
811 553.842 Product evaluation and approval.—
812 (8) The commission may adopt rules to approve the following
813 types of entities that produce information on which product
814 approvals are based. All of the following entities, including
815 engineers and architects, must comply with a nationally
816 recognized standard demonstrating independence or no conflict of
817 interest:
818 (a) Evaluation entities approved pursuant to this
819 paragraph. The commission shall specifically approve the
820 National Evaluation Service, the International Association of
821 Plumbing and Mechanical Officials Evaluation Service, the
822 International Code Council Evaluation Services, Underwriters
823 Laboratories, LLC, and the Miami-Dade County Building Code
824 Compliance Office Product Control Division. Architects and
825 engineers licensed in this state are also approved to conduct
826 product evaluations as provided in subsection (5).
827 Section 16. Section 553.908, Florida Statutes, is amended
828 to read:
829 553.908 Inspection.—Before construction or renovation is
830 completed, the local enforcement agency shall inspect buildings
831 for compliance with the standards of this part. The local
832 enforcement agency shall accept duct and air infiltration tests
833 conducted in accordance with the Florida Building Code-Energy
834 Conservation by individuals certified in accordance with s.
835 553.993(5) or (7) or individuals licensed under s.
836 489.105(3)(f), (g), or (i). The local enforcement agency may
837 accept inspections in whole or in part by individuals certified
838 in accordance with s. 553.993(5) or (7) or by individuals
839 certified as energy inspectors by the International Code
840 Council, provided that the inspection complies with the Florida
841 Building Code-Energy Conservation.
842 Section 17. Present subsections (2) through (35) of section
843 633.102, Florida Statutes, are redesignated as subsections (3)
844 through (36), a new subsection (2) is added to that section and
845 present subsection (34) is amended, to read:
846 633.102 Definitions.—As used in this chapter, the term:
847 (2) “Change of occupancy” means a change in the purpose of
848 level of activity within a building which involves a change in
849 application of the requirements of the Florida Fire Prevention
850 Code.
851 (34) “Use” means application, employment; that enjoyment of
852 property which consists of its employment, occupation, exercise,
853 or practice.
854 Section 18. Subsection (6) of section 633.104, Florida
855 Statutes, is amended to read:
856 633.104 State Fire Marshal; authority; duties; rules.—
857 (6) Only the State Fire Marshal may issue, and, when
858 requested in writing by any substantially affected person or a
859 local enforcing agency, the State Fire Marshal shall issue
860 declaratory statements pursuant to s. 120.565 relating to the
861 Florida Fire Prevention Code. For the purposes of this section,
862 the term “substantially affected person” means a person who,
863 will be, or may be affected by the application of the Florida
864 Fire Prevention Code to a property or building that the person
865 owns, controls, or is, or is considering purchasing, selling,
866 designing, constructing, or altering. A petition for declaratory
867 statement is not intended to be an appeal of a decision of a
868 local fire official or an appeal of a local board reviewing a
869 decision of a local fire official.
870 Section 19. Subsections (17), (18), and (19) are added to
871 section 633.202, Florida Statutes, to read:
872 633.202 Florida Fire Prevention Code.—
873 (17) In all new high-rise and existing high-rise buildings,
874 minimum radio signal strength for fire department communications
875 shall be maintained at a level determined by the authority
876 having jurisdiction. Existing buildings may not be required to
877 comply with minimum radio strength for fire department
878 communications and two-way radio system enhancement
879 communications as required by the Florida Fire Prevention Code
880 until January 1, 2022. Existing apartment buildings may not be
881 required to comply until January 1, 2025.
882 (18) Areas of refuge shall be provided when required by the
883 Florida Building Code-Accessibility. Required portions of an
884 area of refuge shall be accessible from the space they serve by
885 an accessible means of egress.
886 (19) Dead-end corridors within an apartment may not exceed
887 50-feet in buildings protected throughout by an approved
888 automatic supervised sprinkler system.
889 Section 20. Subsection (10) is added to section 633.216,
890 Florida Statutes, to read:
891 633.216 Inspection of buildings and equipment; orders;
892 firesafety inspection training requirements; certification;
893 disciplinary action.—The State Fire Marshal and her or his
894 agents or persons authorized to enforce laws and rules of the
895 State Fire Marshal shall, at any reasonable hour, when the State
896 Fire Marshal has reasonable cause to believe that a violation of
897 this chapter or s. 509.215, or a rule adopted thereunder, or a
898 minimum firesafety code adopted by the State Fire Marshal or a
899 local authority, may exist, inspect any and all buildings and
900 structures which are subject to the requirements of this chapter
901 or s. 509.215 and rules adopted thereunder. The authority to
902 inspect shall extend to all equipment, vehicles, and chemicals
903 which are located on or within the premises of any such building
904 or structure.
905 (10) In addition to any other requirements that may be
906 imposed by this state, fire prevention plan reviewers shall,
907 after 12 months from the effective date of this statute, be
908 certified, at a minimum, as a Fire Inspector I by the State Fire
909 Marshal. The State Fire Marshal may, by rule, determine
910 alternative educational and experience requirements, or
911 certifications, as equivalent.
912 Section 21. Calder Sloan Swimming Pool Electrical-Safety
913 Task Force.—There is established within the Florida Building
914 Commission a Calder Sloan Swimming Pool Electrical-Safety Task
915 Force, which is a task force as defined in s. 20.03, Florida
916 Statutes.
917 (1) The primary purpose of the task force is to study and
918 report to the Governor, the President of the Senate, and the
919 Speaker of the House of Representatives on recommended revisions
920 to the Florida Statutes concerning standards pertaining to
921 grounding, bonding, lighting, wiring, and all electrical aspects
922 for safety in and around public and private swimming pools. The
923 task force report is due by October 1, 2015.
924 (2) The task force shall consist of 10 members, including
925 the chair of the Florida Building Commission or her or his
926 designee, the State Surgeon General or her or his designee, and
927 8 members who are appointed by the chair of the Florida Building
928 Commission. Each appointed member must be or represent one of
929 the following:
930 (a) An electrical contractor certified to do business in
931 this state and actively engaged in the profession, who has
932 experience with swimming pools.
933 (b) A general contractor certified to do business in this
934 state and actively engaged in the profession, who has experience
935 with swimming pools.
936 (c) A swimming pool contractor licensed to do business in
937 this state and actively engaged in the profession.
938 (d) An electric utility provider doing business in this
939 state.
940 (e) A county building code inspector.
941 (f) A licensed real estate broker.
942 (g) An owner of a public swimming pool as defined in s.
943 514.011, Florida Statutes.
944 (h) An owner of a private swimming pool as defined in s.
945 514.011, Florida Statutes.
946 (3) The members of the task force shall elect the chair.
947 (4) The Florida Building Commission shall provide such
948 staff, information, and other assistance as is reasonably
949 necessary to assist the task force in carrying out its
950 responsibilities.
951 (5) Members of the task force shall serve without
952 compensation, but may receive reimbursement as provided in s.
953 112.061, Florida Statutes, for travel and other necessary
954 expenses incurred in the performance of their official duties.
955 (6) The task force shall meet as often as necessary to
956 fulfill its responsibilities and meetings may be conducted by
957 conference call, teleconferencing, or similar technology.
958 (7) This section expires December 31, 2015.
959 Section 22. This act shall take effect July 1, 2015.