Loading...
HomeMy WebLinkAboutSenate Bill 1232Florida Senate - 2015 CS for SB 1232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 By the Committee on Health Policy; and Senator Simpson 588-02725-15 20151232c1 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 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 terms; 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 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 Page 1 of 34 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 588-02725-15 20151232c1 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 that 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 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.; authorizing local boards created to address specified issues to combine the appeals boards Page 2 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 588-02725-15 20151232c1 to create a single, local board; authorizing the appeal to a local administrative board of specified decisions made by a local fire official; specifying the decisions of the local building official and the local fire official which are subject to review; requiring the permitted installation or replacement of a water heater in a conditioned or attic space to include a water leak detection device; prohibiting the Florida Building Code from requiring more than one fire access elevator in certain buildings; 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.; authorizing the department to maintain, update, develop or cause to be developed code -related training and education; 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 Page 3 of 34 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 588-02725-15 20151232c1 Building Code; amending s. 553.842, F.S.; providing 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; amending s. 633..102, F.S.; revising terms; amending s. 633.104, F.S.; defining a term; clarifying intent; amending s. 633.202, F.S.; requiring all new high-rise and existing high-rise buildings to maintain a minimum radio signal strength for fire department communications; providing a transitory period for compliance; requiring areas of refuge to be required as determined by the Florida Building Code - Accessibility;' prohibiting dead-end corridors within an apartment from exceeding a specified footage in specified buildings; amending s. 633.216, F.S.; requiring fire prevention plan reviewers to be certified by a specified date; authorizing the State Fire Marshal to determine alternative educational and experience requirements or certifications; creating the Calder Sloan. Swimming Pool Electrical -Safety Task Force within the Florida Building Commission; specifying the purpose of the task force; providing for membership; requiring members of the task force to elect the chair; requiring the Florida Building Commission to provide staff, information, and other assistance to the task force; authorizing the reimbursement of task force members for certain Page 4 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 588-02725-15 20151232c1 expenses; requiring a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by a specified date; providing for future repeal of the task force; 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 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 Page 5 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 588-02725-15 20151232c1 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 board,— or a firesafety fi.rc oafcty inspector license issued pursuant to chapter 633, has a minimum of 3 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 of not loos 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 shall include proof of satisfactory completion of a training program that provides at least 200 hours but not more f n t lcco 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 lcss than 20 hours but not more than 30 hours of instruction in state laws, rules, and ethics relating to professional standards Page 6 of 34 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 588-02725-15 20151232c1 of practice, duties, and responsibilities of a certificatehol.de.r. 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- 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. Page 7 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 588-02725-15 20151232c1 (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 certified contractor, or construction superintendent, with at least 3 4 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 years, with at least 3 4 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 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. Page 8 of 34 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 588-02725-15 (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 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 limited or provisional certificate in a county having population of fewer than 75,000 and in a municipality within such county. Section 2. Paragraph (m) of subsection (3) 489.105, Florida Statutes, is amended to read: 489.105 Definitions. —As used .in this part: (3) "Contractor" means the person who is qualified 20151232c1 holds a a located of section for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add Page 9 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate 2015 CS for SB 1232 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 588-02725-15 20151232c1 to, demolish, subtract from, or improve any building or structure, 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 I, consisting of those contractors 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 Page 10 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 588-02725-15 20151232c1 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, 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 I liquefied petroleum gas dealer, LP gas installer, or specialty installer who is licensed under chapter 527 or an e-f 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 Page 11 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341. 342 343 344 345 346 347 348 588-02725-15 2.0151232c1 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.- (2) It is the intent of the Legislature that the sole purpose of the Florida Homeowners' Construction Recovery Fund is to compensate an ±y 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 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 aiid arising directly out of a -a-ny 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's rceidence. (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 (I) 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). Page 12 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 588-02725-15 20151232c1 (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 a -lay 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 aiay 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 A'iay 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 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 Page 13 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 588-02725-15 20151232c1 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 heard in 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 personal or real property of the judgment debtor or licensee liable to be levied upon in satisfaction of the judgment canbe found or that the amount realized onthe 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 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 Page 14 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate 2015 CS for SB 1232 407 408 409 410 411 412 413 414 415 416 417 418 419 420 4 21' 422 423 424 425 426 427 428 429 430 431 432 433 434 435 588-02725-15 20151232c1 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; (b) The claimant is a licensee who acted as the contractor in the transaction that wleh 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 Page 15 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate 2015 CS for SB 1232 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 588-02725-15 20151232c1 (f) The claimant has suffered damages as the result f making impr per payments t a c ntract r as defined in part I f chaptcr 713; r (f) -(-g-- The claimant has entered into a contract contracted with a licensee to perform a scope of work described in s. 489. 105 (3) (d) - (q) before July 1, 2015 489. 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 A-n.y 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 must be substantially in the following form: FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: The statement must shall be immediately followed by the board's Page 16 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 588-02725-15 20151232c1 address and telephone number as established by board rule. Section 7. Section 489:143, Florida Statutes, is amended to read: 489.143 Payment from the fund.— (1) The fund shall be disbursed as provided in s. 489.141 on a final order of the board. (2) A claimant who meets all of the conditions prescribed in s. 489.141 may apply to the board to cause payment to be made to a claimant from the recovery fund in an amount equal to the judgment, award, or restitution order or $25,000, whichever is less, or an amount equal to the unsatisfied portion of such person's judgment, award, or restitution order, but only to the extent and amount of actual damages suffered by the 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 attorncy'c 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. Page 17 of 34 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 588-02725-15 20151232c1 (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, award, 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. (5)44-)- 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, 2004, 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 Page 18 of 34 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 523 524 525 526 527 528 529 530 531 532 533 5.34 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 588-02725-15 20151232c1 July 1, 2015, payment from the recovery fund is subject only to a total aggregate cap of $150,000 for each Division I1 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 the fiscal year in which the claims ware filcd. Payments may not exceed the total aggregate cap per license or per claimant 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 shallbe paid as provided in s. 468.631. (9)+8+ 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) -ice-)-- A Aily firm, a corporation, a partnership, or an association, or a person acting in his or her individual capacity, who aids, abets, solicits, or conspires with another person to knowingly present or cause to be presented a afty false or fraudulent claim for the payment of a loss under this act commits is guilty f a third-degree felony, punishable as Page 19 of 34 CODING: Words ct.rickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 588-02725-15 20151232c1 provided in s. 775.082 or s. 775.084 and by a fine of up to exceeding $30,000; unless the value of the fraud exceeds that amount, $30,000 in which event the fine the value of the fraud. (11) (10) Each payment All payments disbursements from the Financial Officer upon may not exceed double and disbursement recovery fund shall be made by the Chief 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 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 Page 20 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 581 582. 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 588-02725-15 20151232c1 subsection, the department's jurisdiction includes the pool, the 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 -a 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 any f the pr visi ns f chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each Page 21 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 610 611 612 613 614 615 616 617 618 619 62.0 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 588-02725-15 20151232c1 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 carryout 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 associatedwith 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 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 Page 22 of 34 CODING: Words st.rickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 588-02725-15 20151232c1 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. Section 12. Subsection (11) of section 553.73, Florida Statutes is amended, and subsections (19) and (20) are added to that to read: 553.73 Florida Building Code.— (11) (a) In the event of a conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code as applied to a specific project, the conflict shall be resolved by agreement between the local building code Page 23 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 588-02725-15 20151232c1 enforcement official and the local fire code enforcement official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction. Local boards created to address issues arising under the Florida Building Code and the Florida Fire Prevention Code may combine the appeals boards to create a single, local board having jurisdiction over matters arising under either or both codes. (b) Any decision made by the local fire official regarding application, interpretation, or enforcement of the Florida Fire Prevention Code or a.ftel the local building official regarding application, interpretation, or enforcement of the Florida Building Code, or the appropriate application of either or both codes in the case of a conflict between the codes,'may be appealed to a local administrative board designated by the municipality, county, or special district having firesafety responsibilities. If the decision of the local fire official and the local building official is to apply the provisions of either the Florida Building Code or the Florida Fire Prevention Code and the Life Safety Code, the board may not alter the decision. unless the board determines that the application of such code is not reasonable. If the decision of the local fire official and the local building official is to adopt an alternative to the codes, the local administrative board shall give due regard to the decision rendered by the local officials and may modify that decision if the administrative board adopts a better alternative, taking into consideration all relevant circumstances. In any case in which the local administrative Page 24 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712. 713 714 715 716 717 718 719 720 721 722 723 724 725 588-02725-15 20151232c1 board adopts alternatives to the decision rendered by the local fire official and the local building official, such alternatives shall provide an equivalent degree of lifesafety and an equivalent method of construction as the decision rendered by the local officials. (c) If the local building official and the local fire official are unable to agree on a resolution of the conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code, the local administrative board shall resolve the conflict in favor of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction. (d) All decisions of the local administrative board, or if none exists, 'the decisions of the local building official and the local fire official in regard to the application, enforcement, or interpretation of the Florida Fire Prevention Code, or conflicts between the Florida Fire Prevention Code and the Florida Building Code, are subject to review by a joint committee composed of members of the Florida Building Commission and the Fire Code Advisory Council. If the joint committee is unable to resolve conflicts between the codes as applied to a specific project, the matter shall be resolved pursuant to the provisions of paragraph (1)(d). Decisions of the local administrative board solely in regard to the provisions of the Florida Building Code are subject to review as set forth in s. 553.775. (e) The local administrative board shall, to the greatest extent possible, be composed of members with expertise in Page 25 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 588-02725-15 20151232c1 building construction and firesafety standards. (f) All decisions of the local building official and local fire official and all decisions of the administrative board shall be in writing and shall be binding upon a person but do not limit the authority of the State Fire Marshal or the Florida Building Commission pursuant to paragraph (1) (d) and ss. 633.104 and 633.228. Decisions of general application shall be indexed by building and fire code sections and shall be available for inspection during normal business hours. (19) In other than one- and two-family detached single- family dwellings, a local enforcing agency that requires a permit to install or replace a hot water heater shall require that a hard -wired or battery -operated water -level detection device be secured to the drain pan area at a level lower than the drain connection upon installation or replacement'of the hot water heater. The device must include an audible alarm and, if battery -operated, must have a 10-year low -battery notification capability. (20) The Florida Building Code may not require more than one fire access elevator in buildings that are Occupancy Group R-2. 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 Page 26 of 34 CODING: Words otrickce are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 755 756 7 5'7 758 759 760 761 762 763 764 765 '766 767 768 769 770 771 772 773 774 775 '776 '777 '778 779 780 '781 782 783 588-02725-15 20151232c1 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 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 agencies' reviews 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 Page 27 of 34 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 588-02725-15 20151232c1 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 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 administering the Florida Building Code Compliance and Mitigation Program, the department may shall maintain, update, develop, or cause to be developed code -related training and education advanced m dulcs dc,igncd for use by each profession. (7) Thc Fl rida Building C mmissi n shall pr vide by rule f r thc accrcditati n f c urscs related t thc F'l rida Building Code by accr.cditorc approved by thc commission. The commission shall establish qualificati ns f accredit rs and criteria f r thc accrcditati n f c urscs by rulc. Thc c mmissi n may rcv kc thc accrcditati n f a c ursc by an accredit r if thc accrcditati n is dcm nctratcd t violate this part r thc rules f thc commissi n. 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 Page 28 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 588-02725-15 20151232c1 types of entities that produce information on which product approvals are based. All of the following entities, 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 in accordance with s. 553.993(5) or (7) or individuals licensed under s. 489.105(3)(f), (g), or (i). 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 complies with the Florida Building Code -Energy Conservation. Page 29 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 8 58 859 860 861 862 863 864 865 866 867 868 869 870 588-02725-15 20151232c1 Section 17. Present subsections (2) through (35) of section 633.102, Florida Statutes, are redesignated as subsections (3) through (:36), a new subsection (2) is added to that section and present subsection (34) is amended, to read: 633.102 Definitions. --As used in this chapter, the term: (2) "Change of occupancy" means a change in the purpose of level of activity within a building which involves a change in application of the requirements of the Florida Fire Prevention Code. (34) "Ucc" mcanc applicati n, cmpl ymcnt; that cnj ymcnt f pr perty which c ncists f its cmpl ymcnt, ccupati n, cxcrcisc, practicc. Section 18. Subsection (6) of section 633.104, Florida Statutes, is amended to read: 633.104 State Fire Marshal; authority; duties; rules.— (6) Only the State Fire Marshal may issue, and, when requested in writing by any substantially affected person or a local enforcing agency, the State Fire Marshal shall issue declaratory statements pursuant to s. 120.565 relating to the Florida Fire Prevention Code. For the purposes of this section, the term "substantially affected person" means a person who, will be, or may be affected by the application of the Florida Fire Prevention Code to a property or building that the person owns, controls, or is, or is considering purchasing, selling, designing, constructing, or altering. A petition for declaratory statement is not intended to be an appeal of a decision of a local fire official or an appeal of a local board reviewing a decision of a local fire official. Section 19. Subsections (17), (18), and (19) are added to Page 30 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 588-02725-15 20151232c1 section 633.202, Florida Statutes, to read: 633.202 Florida Fire Prevention Code.— (17) In all new high-rise and existing high-rise buildings, minimum radio signal strength for fire department communications shall be maintained at a level determined by the authority having jurisdiction. Existing buildings may not be required to comply with minimum radio strength for fire department communications and two-way radio system enhancement communications as required by the Florida Fire Prevention Code until January 1, 2022. Existing apartment buildings may not be required to comply until January 1, 2025. (18) Areas of refuge shall be provided when required by the Florida Building Code -Accessibility. Required portions of an area of refuge shall be accessible from the space they serve by an accessible means of egress. (19) Dead-end corridors within an apartment may not exceed 50-feet in buildings protected throughout by an approved automatic supervised sprinkler system. Section 20. Subsection (10) is added to section 633.216, Florida Statutes, to read: 633.216 Inspection of buildings and equipment; orders; firesafety inspection training requirements; certification; disciplinary action. —The State Fire Marshal and her or his agents or persons authorized to enforce laws and rules of the State Fire Marshal shall, at any reasonable hour, when the State Fire Marshal has reasonable cause to believe that a violation of this chapter or s. 509.215, or a rule adopted thereunder, or a minimum firesafety code adopted by the State Fire Marshal or a local authority, may exist, inspect any and all buildings and Page 31 of 34 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 588-02725-15 20151232c1 structures whichare subject to the requirements of this chapter or s. 509.215 and rules adopted thereunder. The authority to inspect shall extend to all equipment, vehicles, and chemicals which are located on or within the premises of any such building or structure. (10) In addition to any other requirements that may be imposed by this state, fire prevention plan reviewers shall, after 12 months from the effective date of this statute, be certified, at a minimum, as a Fire Inspector I by the State Fire Marshal. The State Fire Marshal may, by rule, determine alternative educational and experience requirements, or certifications, as equivalent. Section 21. Calder Sloan Swimming Pool Electrical -Safety Task Force. -There is established within the Florida Building Commission a Calder Sloan Swimming Pool Electrical -Safety Task' Force, which is a task force as defined in s. 20.03, Florida Statutes. (1) The primary purpose of the task force is to report to the Governor, the President of the Senate, study and and the Speaker of the House of Representatives on recommended revisions to the Florida Statutes concerning standards pertaining to grounding, bonding, lighting, wiring, and all electrical aspects for safety in and around public and private swimming pools. The task force report is due•by October 1, 2015. (2) The task force shall consist of 10 members, including the chair of the Florida Building Commission or her or his designee, the State Surgeon General or her or his designee, and 8 members who are appointed by the chair of the Florida Building Commission. Each appointed member must be or represent one of Page 32 of 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 588-02725-15 20151232c1 the following: (a) An electrical contractor certified to do business in this state and actively engaged in the profession, who has experience with swimming pools. (b) A general contractor certified to do business inthis state and actively engaged in the profession, who has experience with swimming pools. (c) A swimming pool contractor licensed to do business in this state and actively engaged in the profession. (d) An electric utility provider doing business in this state. (e) A county building code inspector. (f) A licensed real estate broker. (g) An owner of a public swimming pool as defined in s. 514.011, Florida Statutes'. (h) An owner of a private swimming pool as defined in s. 514.011, Florida Statutes. (3) The members of the task force shall elect the chair. (4) The Florida Building Commission shall provide such staff, information, and other assistance as is reasonably necessary to assist the task force in carrying out its responsibilities. (5) Members of the task force shall serve without compensation, but may receive reimbursement as provided in s. 112.061, Florida Statutes, for travel and other necessary expenses incurred in the performance of their official duties. (6) The task force shall meet as often as necessary to fulfill its responsibilities and meetings may be conducted by conference call, teleconferencing, or similar technology. Page 33 of 34 CODING: Words ctrickcn are deletions; words underlined are additions. Florida Senate - 2015 CS for SB 1232 958 959 588-02725-15 20151232c1 (7) This section expires December 31, 2015. Section 22. This act shall take effect July 1, 2015. Page 34 of 34 CODING: Words strickcn are deletions; words underlined are additions.