HomeMy WebLinkAboutHouse Bill 915FLORIDA HOUSE OF REPRESENTATIVES
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CS/HB 915 2015
A bill to be entitled
An act relating to building codes; amending s.
468.609, F.S.; revising the certification examination
requirements for building code inspectors, plans
examiners, and building code administrators; requiring
the Florida Building Code Administrators and
Inspectors Board to provide for issuance of certain
provisional certificates; amending s. 489.105, F.S.;
revising the definition of the term "plumbing
contractor"; amending s. 489.1401, F.S.; revising
legislative intent with respect to the purpose of the
Florida Homeowners' Construction Recovery Fund;
providing legislative intent that Division II
contractors set apart funds to participate in the
fund; amending s. 489.1402, F.S.;. revising
definitions; amending s. 489.141, F.S.; prohibiting
certain claimants from making a claim against the
recovery fund for certain contracts entered into
before a specified date; amending s. 489.1425, F.S.;
revising a notification provided by contractors to
certain residential property owners to state that
payment from the recovery fund is limited; amending s.
489.143, F.S.; revising provisions concerning payments
from the recovery fund; specifying claim amounts for
certain contracts entered into before or after
specified dates; providing aggregate caps for
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payments; amending s. 489.503, F.S.; exempting certain
low -voltage landscape lighting from licensed
electrical contractor installation requirements;
amending s. 514.031, F.S.; requiring the Department of
Health to conduct inspections of certain public pools
with operating permits to ensure continued compliance
with specified criteria; authorizing the department to
adopt rules; specifying the department's jurisdiction
for purposes of inspecting certain public pools;
specifying duties of local enforcement agencies
regarding modifications and repairs made to certain
public pools as a result of the department's
inspections; requiring the department to ensure
certain rules enforced by local enforcement agencies
comply with the Florida Building Code; amending s.
514.05, F.S.; specifying that the department may deny,
suspend, or revoke operating permits for certain
pools and bathing places if certain plans, variances,
or requirements of the Florida Building Code are
violated; specifying that the department may assess an
administrative fine for violations by certain public
pools and bathing places if certain plans, variances,
or requirements of the Florida Building Code are
violated; amending s. 553.721, F.S.; directing the
Florida Building Code Compliance and Mitigation
Program to fund from existing resources the
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recommendations made by the Building Code System
Uniform Implementation Evaluation Workgroup; providing
a limitation; requiring that a specified amount of
funds from the surcharge be used to fund certain
Florida Fire Code informal interpretations; amending
s. 553.73, F.S.; requiring the permitted installation
or replacement of a water heater in a conditioned or
attic space to include a water leak detection device;
amending s. 553.79, F.S.; authorizing a building
official to issue a permit for the construction of the
foundation or any other part of a building or
structure before the construction documents for the
whole building or structure have been submitted;
providing that the holder of such permit shall begin
building at the holder's own risk with the building
operation and without assurance that a permit for the
entire structure will be granted; requiring local
enforcing agencies to permit and inspect modifications
and repairs made to certain public pools and public
bathing places as a result of the department's
inspections; amending s. 553.841, F.S.; removing
provisions related to the development of advanced
courses with respect to the Florida Building Code
Compliance and Mitigation Program and the
accreditation of courses related to the Florida
Building Code; amending s. 553.842, F.S.; providing
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that Underwriters Laboratories, LLC, is an approved
evaluation entity; amending s. 553.908, F.S.;
requiring local enforcement agencies to accept duct
and air infiltration tests conducted in accordance
with certain guidelines by specified individuals;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (2), (3), and (7) of section
468.609, Florida Statutes, are amended to read:
468.609 Administration of this part; standards for
certification; additional categories of certification.—
(2) A person may take the examination for certification as
a building code inspector or plans examiner pursuant to this
part if the person:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Meets eligibility requirements according to one of the
following criteria:
1. Demonstrates 5 years' combined experience in the field
of construction or a related field, building code inspection, or
plans review corresponding to the certification category sought.;
2. Demonstrates a combination of postsecondary education
in the field of construction or a related field and experience
which totals 4 years, with at least 1 year of such total being
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experience in construction, building code inspection, or plans
review;
3. Demonstrates a combination of technical education in
the field of construction or a related field and experience
which totals 4 years, with at least 1 year of such total being
experience in construction, building code inspection, or plans
review;
4. Currently holds a standard certificate as issued by the
boarder or a firesafety firc safety inspector license issued
pursuant to chapter 633, has a minimum of 3 -5 years' verifiable
full-time experience in inspection or plan review, and
satisfactorily completes a building code inspector or plans
examiner training program that provides at least 100 hours but
not more f n t lcoo than 200 hours of cross -training in the
certification category sought. The board shall establish by rule
criteria for the development and implementation of the training
programs. The board shall accept all classroom training offered
by an approved provider if the content substantially meets the
intent of the classroom component of the training program; or
5. Demonstrates a combination of the completion of an
approved training program in the field of building code
inspection or plan review and a minimum of 2 years' experience
in the field of building code inspection, plan review, fire code
inspections, and fire plans review of new buildings as a
firesafety inspector certified under s. 633.216, or
construction. The approved training portion of this requirement
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shall include proof of satisfactory completion of a training
program that provides at least 200 hours but not more f n t
lcoo than 300 hours of cross -training which is approved by the
board in the chosen category of building code inspection or plan
review in the certification category sought with at least
loco than 20 hours but not more than 30 hours of instruction in
state laws, rules, and ethics relating to professional standards
of practice, duties, and responsibilities of a
certificateholder. The board shall coordinate with the Building
Officials Association of Florida, Inc., to establish by rule the
development and implementation of the training program. However,
the board shall accept all classroom training offered by an
approved provider if the content substantially meets the intent
of the classroom component of the training program; or
6. Currently holds a standard certificate issued by the
board or a firesafety inspector license issued pursuant to,
chapter 633 and:
a. Has at least 5 years of verifiable full-time experience
as an inspector or plans examiner in a standard certification
category currently held or has a minimum of 5 years' verifiable
full-time experience as a firesafety inspector licensed pursuant
to chapter 633; and
b. Satisfactorily completes a building code inspector or
plans examiner classroom training course or program that
provides at least 40 but not more than 300 hours in the
certification category sought, except for one -family and two -
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family dwelling training programs which are required to provide
at least 500 but not more than 800 hours of training as
prescribed by the board. The board shall establish by rule
criteria for the development and implementation of classroom
training courses and programs in each certification category.
(3) A person may take the examination for certification as
a building code administrator pursuant to this part if the
person:
(a) Is at least 18 years of age.
(b) Is of good moral character.
(c) Meets eligibility requirements according to one of the
following criteria:
1. Demonstrates 7 10 years' combined experience as an
architect, engineer, plans examiner, building code inspector,
firesafety inspector certified under s. 633.216, registered or
certif.ied contractor,. or construction superintendent, with at
least 3 -5 years of such experience in supervisory positions; or
2. Demonstrates a combination of postsecondary education
in the field of construction or related field, no more than 5
years of which may be applied, and experience as an architect,
engineer, plans examiner, building code inspector, firesafety
inspector certified under s. 633.216, registered or certified
contractor, or construction superintendent which totals 7 -1-41
years, with at least 3 -5 years of such total being experience in
supervisory positions. In addition, the applicant must have
completed training consisting of at least 20 hours but not more
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than 30 hours of instruction in state laws, rules, and ethics
relating to professional standards of practice, duties, and
responsibilities of a certificateholder.
(7)(a) The board shall may provide for the issuance of
provisional certificates valid for 1 year, as specified by board
rule, to any newly employed or promoted building code inspector
or plans examiner who meets the eligibility requirements
described in subsection (2) and any newly employed or promoted
building code administrator who meets the eligibility
requirements described in subsection (3). The provisional
license may be renewed by the board for just cause; however, a
provisional license is not valid for a period longer than 3
years.
(b) No building code administrator, plans examiner, or
building code inspector may have a provisional certificate
extended beyond the specified period by renewal or otherwise.,
(c) The board shall may provide for appropriate levels of
provisional certificates and may issue these certificates with
such special conditions or requirements relating to the place of
employment of the person holding the certificate, the
supervision of such person on a consulting or advisory basis, or
other matters as the board may deem necessary to protect the
public safety and health.
(d) A newly employed or hired person may perform the
duties of a plans examiner or building code inspector for 120
days if a provisional certificate application has been submitted
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if such person is under the direct supervision of a certified
building code administrator who holds a standard certification
and who has found such person qualified for a provisional
certificate. Direct supervision and the determination of
qualifications may also be provided by a building code
administrator who holds a limited or provisional certificate in
a county having a population of fewer than 75,000 and in a
municipality located within such county.
Section 2. Paragraph (m) of subsection (3) of section
489.105, Florida Statutes, is amended to read:
489.105 Definitions. —As used in this part:
(3) "Contractor" means the person who is qualified for,
and is only responsible for, the project contracted for and
as exempted in this part, the person who, for
undertakes to, submits a bid to, or does himself
means, except
compensation,
or herself or
to, demolish,
structure,
by others_ construct, repair,
alter, remodel, add
subtract from, or improve any building or
including related improvements to real estate, for
others or for resale to others; and whose job scope is
substantially similar to the job scope described in one of the
paragraphs of this subsection. For the purposes of regulation
under this part, the term "demolish" applies only to demolition
of steel tanks more than 50 feet in height; towers more than 50
feet in height; other structures more than 50 feet in height;
and all buildings or residences. Contractors are subdivided into
two divisions, Division 1, consisting of those contractors
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defined in paragraphs (a)-(c), and Division II, consisting of
those contractors defined in paragraphs (d)-(q):
(m) "Plumbing contractor" means a contractor whose
services are unlimited in the plumbing trade and includes
contracting business consisting of the execution of contracts
requiring the experience, financial means, knowledge, and skill
to install, maintain, repair, alter, extend, or, if not
prohibited by law, design plumbing. A plumbing contractor may
install, maintain, repair, alter, extend, or, if not prohibited
by law, design the following without obtaining an additional
local regulatory license, certificate, or registration: sanitary
drainage or storm drainage facilities, water and sewer plants
and substations, venting systems, public or private water supply
systems, septic tanks, drainage and supply wells, swimming pool
piping, irrigation systems, and solar heating water systems and
all appurtenances, apparatus, or equipment used in connection
therewith, including boilers and pressure process piping and
including the installation of water, natural gas, liquefied
petroleum gas and related venting, and storm and sanitary sewer
lines. The scope of work of the plumbing contractor also
includes the design, if not prohibited by law, and installation,
maintenance, repair, alteration, or extension of air -piping,
vacuum line piping, oxygen line piping, nitrous oxide piping,
and all related medical gas systems; fire line standpipes and
fire sprinklers if authorized by law; ink and chemical lines;
fuel oil and gasoline piping and tank and pump installation,
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except bulk storage plants; and pneumatic control piping
systems, all in a manner that complies with all plans,
specifications, codes, laws, and regulations applicable. The
scope of work of the plumbing contractor applies to private
property and public property, including any excavation work
incidental thereto, and includes the work of the specialty
plumbing contractor. Such contractor shall subcontract, with a
qualified contractor in the field concerned, all other work
incidental to the work but which is specified as being the work
of a trade other than that of a plumbing contractor. This
definition does not limit the scope of work of any specialty
contractor certified pursuant to s. 489.113(6)— and does not
require certification or registration under this part for a
category T liquefied petroleum gas dealer, LP gas installer, or
specialty installer who is licensed under chapter 527 or an e-
authorized employee of a public natural gas utility or of a
private natural gas utility regulated by the Public Service
Commission when disconnecting and reconnecting water lines in
the servicing or replacement of an existing water heater. A
plumbing contractor may perform drain cleaning and clearing and
install or repair rainwater catchment systems; however, a
mandatory licensing requirement is not established for the
performance of these specific services.
Section 3. Subsections (2) and (3) of section 489.1401,
Florida Statutes, are amended to read:
489.1401 Legislative intent. —
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(2) It is the intent of the Legislature that the sole
purpose of the Florida Homeowners' Construction Recovery Fund is
to compensate an -a-ply aggrieved claimant who contracted for the
construction or improvement of the homeowner's residence located
within this state and who has obtained a final judgment in a ..afty
court of competent jurisdiction, was awarded restitution by the
Construction Industry Licensing Board, or received an award in
arbitration against a licensee on grounds of financial
mismanagement or misconduct, abandoning a construction project,
or making a false statement with respect to a project. Such
grievance must arise and arising directly out of a la,Fy
transaction conducted when the judgment debtor was licensed and
must involve an act perf rmcd any f thc activities enumerated
under s. 489.129(1)(g), (j) or (k) n thc h mc wncr'o rcsidoncc.
(3) It is the intent of the Legislature that Division I
and Division II contractors set apart funds for the specific
objective of participating in the fund.
Section 4. Paragraphs (d), (i), (k), and (1) of subsection
(1) of section 489.1402, Florida Statutes, are amended to read:
489.1402 Homeowners' Construction Recovery Fund;
definitions.-
(1) The following definitions apply to ss. 489.140-
489.144:
(d) "Contractor" means a Division I or Division II
contractor performing his or her respective services described
in s. 489.105(3)(a)-(q) 189.105(3)(a) (c).
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(i) "Residence" means a single-family residence, an.
individual residential condominium or cooperative unit, or a
residential building containing not more than two residential
units in which the owner contracting for the improvement is
residing or will reside 6 months or more each calendar year upon
completion of the improvement.
(k) "Same transaction" means a contract, or a series
of contracts, between a claimant and a contractor or qualified
business, when such contract or contracts involve the same
property or contiguous properties and are entered into either at
one time or serially.
(1) "Valid and current license," for the purpose of s.
489.141(2)(d), means a a-+y license issued pursuant to this part
to a licensee, including a license in an active, inactive,
delinquent, or suspended status.
Section 5. Subsections (1) and (2) of section 489.141,
Florida Statutes, are amended to read:
489.141 Conditions for recovery; eligibility.-
(1) A y claimant is eligible to seek recovery from the
recovery fund after making having made a claim and exhausting
the limits of any available bond, cash bond, surety, guarantee,
warranty, letter of credit, or policy of insurance if, pr vidcd
that each of the following conditions is satisfied:
(a) The claimant has received a final judgment in a court
of competent jurisdiction in this state or has received an award
in arbitration or the Construction Industry Licensing Board has
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issued a final order directing the licensee to pay restitution
to the claimant. The board may waive this requirement if:
1. The claimant is unable to secure a final judgment
against the licensee due to the death of the licensee; or
2. The claimant has sought to have assets involving the
transaction that gave rise to the claim removed from the
bankruptcy proceedings so that the matter might be heardin a
court of competent jurisdiction in this state and, after due
diligence, the claimant is precluded by action of the bankruptcy
court from securing a final judgment against the licensee.
(b) The judgment, award, or restitution is based upon a
violation of s. 489.129(1) (g), (j), or (k) or s. 713.35.
(c) The violation was committed by a licensee.
(d) The judgment, award, or restitution order specifies
the actual damages suffered as a consequence of such violation.
(e) The contract was executed and the violation occurred
on or after July 1, 1993, and provided that:
1. The claimant has caused to be issued a writ of
execution upon such judgment, and the officer executing the writ
has made a return showing that no personalor real property of
the judgment debtor or licensee liable to be levied upon in
satisfaction of the judgment can be found or that the amount
realized on the sale of the judgment debtor's or licensee's
property pursuant to such execution was insufficient to satisfy
the judgment;
2. If the claimant is unable to comply with subparagraph
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1. for a valid reason to be determined by the board, the
claimant has made all reasonable searches and inquiries to
ascertain whether the judgment debtor or licensee is possessed
of real or personal property or other assets subject to being
sold or applied in satisfaction of the judgment and by his or
her search has discovered no property or assets or has
discovered property and assets and has taken all necessary
action and proceedings for the application thereof to the
judgment but the amount thereby realized was insufficient to
satisfy the judgment; and
3. The claimant has made a diligent attempt, as defined by
board rule, to collect the restitution awarded by the board.
(f) A claim for recovery is made within 1 year after the
conclusion of any civil, criminal, or administrative action or
award in arbitration based on the act. This paragraph applies to
any claim filed with the board after October 1, 1998.
(g) Any amounts recovered by the claimant from the
judgment debtor or licensee, or from any other source, have been
applied to the damages awarded by the court or the amount of
restitution ordered by the board.
(h) The claimant is not a person who is precluded by this
act from making a claim for recovery.
(2) A claimant is not qualified to make a claim for
recovery from the recovery fund,— if:
(a) The claimant is the spouse of the judgment debtor or
licensee or a personal representative of such spouse;
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(b) The claimant is a licensee who acted as the contractor
inthe transaction that which is the subject of the claim;
(c) The claim is based upon a construction contract in
which the licensee was acting with respect to the property owned
or controlled by the licensee;
(d) The claim is based upon a construction contract in
which the contractor did not hold a valid and current license at
the time of the construction contract;
(e) The claimant was associated in a business relationship
with the licensee other than the contract at issue; or
(f) The claimant has suffered damagco as the result f
making .improper paymcnts to a contractor as dcfincd in part I of
chaptcr 713; r
(f)-(-g)- The claimant has entered into a contract c ntractcd
with a licensee to perform a scope of work described in s.
489. 105 (3) (d) - (q) before July 1, 2015 189.105 (3) (d) (p) .
Section 6. Subsection (1) of section 489.1425, Florida
Statutes, is amended to read:
489.1425 Duty of contractor to notify residential property
owner of recovery fund.--
(1) Each agreement or contract for repair,
restoration, improvement, or construction to residential real
property must contain a written statement explaining the
consumer's rights under the recovery fund, except where the
value of all labor and materials does not exceed $2,500. The
written statement mustbe substantially in the following form:
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418 FLORIDA HOMEOWNERS' CONSTRUCTION
419
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421 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
422 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
423 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
424 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
425 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
426 CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
427 AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
428
429 The statement must shall be immediately followed by the board's
430 address and telephone number as established by board rule.
431. Section 7. Section 489.143, Florida Statutes, is amended
432 to read:
433 489.143 Payment from the fund.-
434 (1)
435 on a final order of the board.
436 (2) A ATay claimant who meets all of the conditions
437 prescribed in s. 489.141 may apply to the board to cause payment
438 to be made to a claimant from the recovery fund in an amount
439 equal to the judgment, award, or restitution order or $25,000,
440 whichever is less, or an amount equal to the unsatisfied portion
441 of such person's judgment, award, or restitution order, but only
442 to the extent and amount of actual damages suffered by the
RECOVERY FUND
The fund shall be disbursed as provided in s. 489.141
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claimant, and only up to the maximum payment allowed for each
respective Division I and Division II claim. Payment from the
fund for other costs related to or pursuant to civil proceedings
such as postjudgment interest, attorney att rncy's fees, court
costs, medical damages, and punitive damages is prohibited. The
recovery fund is not obligated to pay a judgment, an award,
or a restitution order, or any portion thereof, which is not
expressly based on one of the grounds for recovery set forth in
s. 489.141.
(3) Beginning January 1, 2005, for each Division I
contract entered into after July 1, 2004, payment from the
recovery fund shall be subject to a $50,000 maximum payment for
each Division I claim. Beginning January 1, 2016, for each
Division II contract entered into on or after July 1, 2015,
payment from the recovery fund shall be subject to a $15,000
maximum payment for each Division II claim.
(4)(3) Upon receipt by a claimant under subsection (2) of
payment from the recovery fund, the claimant shall assign his or
her additional right, title, and interest in the judgment,
awar_d,*or restitution order, to the extent of such payment, to
the board, and thereupon the board shall be subrogated to the
right, title, and interest of the claimant; and any amount
subsequently recovered on the judgment, award, or restitution
order, to the extent of the right, title, and interest of the
board therein, shall be for the purpose of reimbursing the
recovery fund.
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(5)-(-)-- Payments for claims arising out of the same
transaction shall be limited, in the aggregate, to the lesser of
the judgment, award, or restitution order or the maximum payment
allowed for a Division I or Division II claim, regardless of the
number of claimants involved in the transaction.
(6)(5) For contracts entered into before July 1, 2004,
payments for claims against any one licensee may shall not
exceed, in the aggregate, $100,000 annually, up to a total
aggregate of $250,000. For any claim approved by the board which
is in excess of the annual cap, the amount in excess of $100,000
up to the total aggregate cap of $250,000 is eligible for
payment in the next and succeeding fiscal years, but only after
all claims for the then -current calendar year have been paid.
Payments may not exceed the aggregate annual or per claimant
limits under law. Beginning January 1, 2005, for each Division I
contract entered into after July 1, 200.4, payment from the
recovery fund is subject only to a total aggregate cap of
$500,000 for each Division I licensee. Beginning January 1,
2016, for each Division II contract entered into on or after
July 1, 2015, payment from the recovery fund is subject only to
a total aggregate cap of $150,000 for each Division II licensee.
(7)--6-)- Claims shall be paid in the order filed, up to the
aggregate limits for each transaction and licensee and to the
limits of the amount appropriated to pay claims against the fund
f r thc fiscal year in which thc claims wcrc filed. Payments may
not exceed the total aggregate cap per license or per claimant
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limits under this section.
(8)(7) If the annual appropriation is exhausted with
claims pending, such claims shall be carried forward to the next
fiscal year. Any moneys in excess of pending claims remaining in
the recovery fund at the end of the fiscal year shall be paid as
provided in s. 468.631.
(9)4+ Upon the payment of any amount from the recovery
fund in settlement of a claim. in satisfaction of a judgment,
award, or restitution order against a licensee as described in
s. 489.141, the license of such licensee shall be automatically
suspended, without further administrative action, upon the date
of payment from the fund. The license of such licensee may shall
not be reinstated until he or she has repaid in full, plus
interest, the amount paid from the fund. A discharge of
bankruptcy does not relieve a person from the penalties and
disabilities provided in this section.
(10)-(g}- A Any firm, a corporation, a partnership, or an
association, or a any person acting in his or her individual
capacity, who aids, abets, solicits, or conspires with another
any person to knowingly present or cause to be presented a any
false or fraudulent claim for the payment of a loss under this
act commits is guilty f a third-degree felony, punishable as
provided in s. 775.082 or s. 775.084 and by a fine of up to
cxcccding $30,000 unless the value of the fraud exceeds that
amount, $30,000 in which event the fine may not exceed double
the value of the fraud.
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(11)(10) Each payment All paymcntc and disbursement
disburccmcntc from the recovery fund shall be made by the Chief
Financial Officer upon a voucher signed by the secretary of the
department or the secretary's designee.
Section 8. Subsection (24) is added to section 489.503,
Florida Statutes, to read:
489.503 Exemptions. —This part does not apply to:
(24) A person who installs low -voltage landscape lighting
that contains a factory -installed electrical cord with plug and
does not require installation, wiring, or other modification to
the electrical wiring of a structure.
Section 9. Subsections (2) through (5) of section 514.031,
Florida Statutes, are renumbered as subsections (3) through (6),
respectively, and a new subsection (2) is added to that section
to read:
514.031 Permit necessary to operate public swimming pool.—
(2) The department shall ensure through inspections that a
public swimming pool with an operating permit continues to be
operated and maintained in compliance with rules adopted under
this section, the original approved plans and specifications or
variances, and the Florida Building Code adopted under chapter
553 applicable to public pools or public bathing places. The
department may adopt and enforce rules to implement this
subsection, including provisions for closing those pools and
bathing places not in compliance. For purposes of this
subsection, the department's jurisdiction includes the pool, the
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pool deck, the barrier as defined in s. 515.25, and the bathroom
facilities for pool patrons. The local enforcement agency shall
permit and inspect repairs or modifications required as a result
of the department's inspections and may take enforcement action
to ensure compliance. The department shall ensure that the rules
enforced by the local enforcement agency under this subsection
are not inconsistent with the Florida Building Code adopted
under chapter 553.
Section 10. Subsections (1), (2), and (5) of section
514.05, Florida Statutes, are amended to read:
514.05 Denial, suspension, or revocation of permit;
administrative fines.—
(1) The department may deny an application for an e
operating permit, suspend or revoke a permit issued to any
person or public body, or impose an administrative fine upon the
failure of such person or public body to comply with the
provisions of this chapter, the original approved plans and
specifications or variances, the Florida Building Code adopted
under chapter 553 applicable to public pools or public bathing
places, or the rules adopted hereunder.
(2) The department may impose an administrative fine,
which shall not exceed $500 for each violation, for the
violation of this chapter, the original approved plans and
specifications or variances, the Florida Building Code adopted
under chapter 553 applicable to public pools or public bathing
places, or the rules adopted hereunder and for the violation of
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any of the pr viai no f chapter 386. Notice of intent to impose
such fine shall be given by the department to the alleged
violator. Each day that a violation continues may constitute a
separate violation.
(5) Under conditions specified by rule, the department may
close a public pool that is not in compliance with this chapter,
the original approved plans and specifications or variances, the
Florida Building Code adopted under chapter 553 applicable to
public pools or public bathing places, or the rules adopted
under this chapter.
Section 11. Section 553.721, Florida Statutes, is amended
to read:
553.721 Surcharge. —In order for the Department of Business
and Professional Regulation to administer and carry out the
purposes of this part and related activities, there is created a
surcharge, to be assessed at the rate of 1.5 percent of the
permit fees associated with enforcement of the Florida Building
Code as defined by the uniform account criteria and specifically
the uniform account code for building permits adopted for .local
government financial reporting pursuant to s. 218.32. The
minimum amount collected on any permit issued shall be $2. The
unit of government responsible for collecting a permit fee
pursuant to s. 125.56(4) or s. 166.201 shall collect the
surcharge and electronically remit the funds collected to the
department on a quarterly calendar basis for the preceding
quarter and continuing each third month thereafter. The unit of
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government shall retain 10 percent of the surcharge collected to
fund the participation of building departments in the national
and state building code adoption processes and to provide
education related to enforcement of the Florida Building Code.
All funds remitted to the department pursuant to this section
shall be deposited in the Professional Regulation Trust Fund.
Funds collected from the surcharge shall be allocated to fund
the Florida Building Commission and the Florida Building Code
Compliance and Mitigation Program under s. 553.841. Funds
allocated to the Florida Building Code Compliance and Mitigation
Program shall be $925,000 each fiscal year. The Florida Building
Code Compliance and Mitigation Program shall fund the
recommendations made by the Building Code System Uniform
Implementation Evaluation Workgroup, dated April 8, 2013, from
existing resources, not to exceed $30,000 in the 2015-2016
fiscal year. Funds collected from the surcharge shall also be
used to fund Florida Fire Code informal interpretations managed
by the State Fire Marshal and shall be limited to $15,000 each
fiscal year. The funds collected from the surcharge may not be
used to fund research on techniques for mitigation of radon in
existing buildings. Funds used by the department as well as
funds to be transferred to the Department of Health and the
State Fire Marshal shall be as prescribed in the annual General
Appropriations Act. The department shall adopt rules governing
the collection and remittance of surcharges pursuant to chapter
120.
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Section 12. Subsection (19) is added to section 553.73,
Florida Statutes, to read:
553.73 Florida Building Code.—
(19) A local enforcing agency that requires a permit to
install or replace a water heater in a conditioned or attic
space shall require that a hard -wired or battery -operated water
leak detection device be secured to the drain pan area at a
level lower than the drain connection upon installation or
replacement of the water heater. The device must include an
audible alarm and, if battery -operated, must have a 10-year low -
battery notification capability.
Section 13. Subsections (6) and (11) of section 553.79,
Florida Statutes, are amended to read:
553.79 Permits; applications; issuance; inspections.—
(6) A permit may not be issued for any building
construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit complies with the
requirements for plan review established by the Florida Building
Commission within the Florida Building Code. However, the code
shall set standards and criteria to authorize preliminary
construction before completion of all building plans review,
including, but not limited to, special permits for the
foundation only, and such standards shall take effect concurrent
with the first effective date of the Florida Building Code.
After submittal of the appropriate construction documents, the
building official is authorized to issue a permit for the
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construction of foundations or any other part of a building or
structure before the construction documents for the whole
building or structure have been submitted. No other agency
review or approval may be required before the issuance of a
phased permit due to the fact that the project will need all the
necessary outside agenciesreviews and approvals before the
issuance of a master building permit. The holder of such permit
for the foundation or other parts of a building or structure
shall proceed at the holder's own risk with the building
operation and without assurance that a permit for the entire
structure will be granted. Corrections may be required to meet
the requirements of the technical codes.
(11)(a) The local enforcing agency may not issue a
building permit to construct, develop, or modify a public
swimming pool without proof of application, whether complete or
incomplete, for an operating permit pursuant to s., 514.031. A
certificate of completion or occupancy may not be issued until
such operating permit is issued. The local enforcing agency
shall conduct its review of the building permit application upon
filing and in accordance with this chapter. The local enforcing
agency may confer with the Department of Health, if necessary,
but may not delay the building permit application review while
awaiting comment from the Department of Health.
(b) If the department determines under s. 514.031(2) that
a public pool or a public bathing place is not being operated or
maintained in compliance with department's rules, the original
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approved plans and specifications or variances, and the Florida
Building Code, the local enforcing agency shall permit and
inspect the repairs or modifications required as a result of the
department's inspections and may take enforcement action to
ensure compliance.
Section 14. Subsections (4) and (7) of section 553.841,
Florida Statutes, are amended, to read:
553.841 Building code compliance and mitigation program.--
-(-4-)- In adminiotcring thc Fl rida BuildingCode C mpliancc
and Mitigati n Fr gram, thc department shall maintain, update,
devo1op,—orT,uo to
uoc by each profcooion.
(7) Thc Fl rida Building C mmiooi n shall pr vidc by rulc
f r thc accrcditati n f c urscc related t thc Fl rida Building
C do by accrcdit ro appr vcd by thc c mmiooi n. Thc c mmiooi n
shall cotablioh qualificati no f accrcdit ro and criteria f r
thc accrcditati n f c uroco by rulc. Thc c mmiooi n may rcv lee
-the accrcditati n f a c uroc by an accredit r if thc
accrcditati n is dcm notratcd t vi latc this part r thc rules
Section 15. Paragraph (a) of subsection (8) of section
553.842, Florida Statutes, is amended to read:
553.842 Product evaluation and approval.--
(8) The commission may adopt rules to approve the
following types of entities that produce information on which
product approvals are based. All of the following entities,
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including engineers and architects, must comply with a
nationally recognized standard demonstrating independence or no
conflict of interest:
(a) Evaluation entities approved pursuant to this
paragraph. The commission shall specifically approve the
National Evaluation Service, the International Association of
Plumbing and Mechanical Officials Evaluation Service, the
International Code Council Evaluation Services, Underwriters
Laboratories, LLC, and the Miami -Dade County Building Code
Compliance Office Product Control Division. Architects and
engineers licensed in this state are also approved to conduct
product evaluations as provided in subsection (5).
Section 16. Section 553.908, Florida Statutes, is amended
to read:
553.908 Inspection. —Before construction or renovation is
completed, the local enforcement agency shall inspect buildings
for compliance with the standards of this part. The local
enforcement agency shall accept duct and air infiltration tests
conducted in accordance with the Florida Building Code -Energy
Conservation by individuals certified as set forth in s.
553.993(5) or (7) or individuals licensed under s.
489.105(3)(f), (g), or (i) who perform duct testing. The local
enforcement agency may accept inspections in whole or in part by
individuals certified in accordance with s. 553.993(5) or (7) or
by individuals certified as energy inspectors by the
international Code Council, provided that the inspection
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complies with the Florida Building Code -Energy Conservation.
Section 17. This act shall take effect July 1, 2015.
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