Bill Text: FL S0704 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Building Construction and Inspection
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2012-03-05 - Ordered enrolled -SJ 870 [S0704 Detail]
Download: Florida-2012-S0704-Comm_Sub.html
Bill Title: Building Construction and Inspection
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2012-03-05 - Ordered enrolled -SJ 870 [S0704 Detail]
Download: Florida-2012-S0704-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 704
By the Committees on Budget Subcommittee on General Government
Appropriations; and Community Affairs; and Senator Bennett
601-02768-12 2012704c2
1 A bill to be entitled
2 An act relating to building construction and
3 inspection; amending s. 162.12, F.S.; revising the
4 authorized methods of sending notices to violators of
5 local codes; amending s. 381.0065, F.S.; revising the
6 definition of the term “bedroom” for purposes of
7 requirements governing onsite sewage treatment and
8 disposal systems; conforming a cross-reference;
9 providing that a permit for the installation,
10 modification, or repair of an onsite sewage treatment
11 and disposal system approved by the Department of
12 Health transfers along with the title to the property
13 in a real estate transaction; prohibiting the
14 transferred title from being encumbered by new permit
15 requirements; providing criteria for an abandoned
16 onsite sewage treatment and disposal system; providing
17 guidelines for the reconnection of an abandoned
18 system; providing for the applicability of rules to
19 the construction of an onsite sewage treatment and
20 disposal system; providing certain exemptions for a
21 remodeled single-family home; amending s. 468.604,
22 F.S.; authorizing a building code administrator or
23 building official to approve the electronic filing of
24 building plans and related documents; amending s.
25 468.609, F.S.; revising the eligibility requirements
26 of a building code inspector or plans examiner;
27 revising criteria for the issuance of provisional
28 certificates; amending s. 468.841, F.S.; including a
29 person or a business organization acting within the
30 scope of a landscape architecture license in the
31 exemption from certain provisions related to mold
32 assessment; amending s. 489.103, F.S.; providing an
33 exemption from construction contracting requirements
34 for an owner who installs, removes, or replaces solar
35 panels on certain residences while acting as the
36 contractor; providing for an electronic signature on
37 the permit application; requiring the building permit
38 application and disclosure statement to include a
39 declaration statement by the owner; providing that the
40 issuing authority is not liable in any civil action
41 for inaccurate information submitted by the owner
42 using the authority’s electronic permitting system;
43 amending s. 489.105, F.S.; revising the definition of
44 the term “demolish” for purposes of describing the
45 scope of work of a contractor to include all buildings
46 or residences of certain heights; clarifying the
47 definition of the term “plumbing contractor”; removing
48 the term “glazing contractor” from within the
49 definition of the term “contractor” for purposes of
50 licensing by the Department of Business and
51 Professional Regulation; reenacting s. 489.105(6),
52 F.S., relating to the definition of the term
53 “contracting”; clarifying the intent of the
54 Legislature in the adoption of certain amendments to
55 s. 489.105(6), F.S., and specifying that the
56 amendments were intended to be remedial in nature,
57 clarify existing law, and apply retroactively to any
58 contract for the sale of manufactured or factory-built
59 buildings that will be completed on site and otherwise
60 comply with the requirements under state law; amending
61 ss. 489.127 and 489.531, F.S.; increasing the maximum
62 civil penalties that may be assessed against
63 unlicensed contractors; amending s. 553.721, F.S.;
64 allocating a portion of the funds derived from a
65 surcharge on permit fees to the Florida Building Code
66 Compliance and Mitigation Program; making technical
67 and grammatical changes; amending s. 553.73, F.S.;
68 exempting certain buildings or structures used for
69 hunting from the Florida Building Code; amending s.
70 553.844, F.S.; extending the expiration date to 2013
71 for exemption of certain equipment installation
72 meeting the 2007 building code; amending s. 633.0215,
73 F.S.; authorizing the electronic filing of certain
74 construction plans for approval by the fire code
75 administrator or fire official; amending s. 713.135,
76 F.S.; providing that an owner or contractor is not
77 required to personally appear and provide a notarized
78 signature when filing a building permit application
79 for a solar project if certain conditions are met;
80 providing that the issuing authority is not liable in
81 any civil action for inaccurate information submitted
82 by the owner using the authority’s electronic
83 permitting system; requiring the Florida Building
84 Commission to establish a workgroup to assist in the
85 development of rules for an alternative design method
86 for screen enclosures; providing for membership of the
87 workgroup; providing factors that must be included in
88 the rule; providing dates for appointment of the
89 workgroup and adoption of a rule; requiring the
90 commission to incorporate the alternative design
91 method for screen enclosures into the Florida Building
92 Code; providing conditions for expiration of the
93 provision; providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Subsection (1) of section 162.12, Florida
98 Statutes, is amended to read:
99 162.12 Notices.—
100 (1) All notices required by this part must shall be
101 provided to the alleged violator by:
102 (a) Certified mail to, return receipt requested, provided
103 if such notice is sent under this paragraph to the owner of the
104 property in question at the address listed in the tax
105 collector’s office for tax notices, or to and at any other
106 address provided by the property owner in writing to the local
107 government for the purpose of receiving notices. For property
108 owned by a corporation, notices may be provided by certified
109 mail to the registered agent of the corporation. If any notice
110 sent by certified mail is not signed as received within 30 days
111 after the date of mailing by such owner and is returned as
112 unclaimed or refused, notice may be provided by posting as
113 described in subparagraphs (2)(b)1. and 2. and by first class
114 mail directed to the addresses furnished to the local government
115 with a properly executed proof of mailing or affidavit
116 confirming the first class mailing;
117 (b) Hand delivery by the sheriff or other law enforcement
118 officer, code inspector, or other person designated by the local
119 governing body;
120 (c) Leaving the notice at the violator’s usual place of
121 residence with any person residing therein who is above 15 years
122 of age and informing such person of the contents of the notice;
123 or
124 (d) In the case of commercial premises, leaving the notice
125 with the manager or other person in charge.
126
127 Evidence that an attempt has been made to hand deliver or mail
128 notice as provided in subsection (1), together with proof of
129 publication or posting as provided in subsection (2), shall be
130 sufficient to show that the notice requirements of this part
131 have been met, without regard to whether or not the alleged
132 violator actually received such notice.
133 Section 2. Present paragraphs (b) through (p) of subsection
134 (2) of section 381.0065, Florida Statutes, are redesignated as
135 paragraphs (c) through (q), respectively, a new paragraph (b) is
136 added to that subsection, paragraph (n) of subsection (4) is
137 amended, and paragraphs (w) through (z) are added to that
138 subsection, to read:
139 381.0065 Onsite sewage treatment and disposal systems;
140 regulation.—
141 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
142 term:
143 (b)1. “Bedroom” means a room that can be used for sleeping
144 and that:
145 a. For site-built dwellings, has a minimum of 70 square
146 feet of conditioned space;
147 b. For manufactured homes, is constructed according to the
148 standards of the United States Department of Housing and Urban
149 Development and has a minimum of 50 square feet of floor area;
150 c. Is located along an exterior wall;
151 d. Has a closet and a door or an entrance where a door
152 could be reasonably installed; and
153 e. Has an emergency means of escape and rescue opening to
154 the outside in accordance with the Florida Building Code.
155 2. A room may not be considered a bedroom if it is used to
156 access another room except a bathroom or closet.
157 3. “Bedroom” does not include a hallway, bathroom, kitchen,
158 living room, family room, dining room, den, breakfast nook,
159 pantry, laundry room, sunroom, recreation room, media/video
160 room, or exercise room.
161 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
162 construct, repair, modify, abandon, or operate an onsite sewage
163 treatment and disposal system without first obtaining a permit
164 approved by the department. The department may issue permits to
165 carry out this section, but shall not make the issuance of such
166 permits contingent upon prior approval by the Department of
167 Environmental Protection, except that the issuance of a permit
168 for work seaward of the coastal construction control line
169 established under s. 161.053 shall be contingent upon receipt of
170 any required coastal construction control line permit from the
171 Department of Environmental Protection. A construction permit is
172 valid for 18 months from the issuance date and may be extended
173 by the department for one 90-day period under rules adopted by
174 the department. A repair permit is valid for 90 days from the
175 date of issuance. An operating permit must be obtained prior to
176 the use of any aerobic treatment unit or if the establishment
177 generates commercial waste. Buildings or establishments that use
178 an aerobic treatment unit or generate commercial waste shall be
179 inspected by the department at least annually to assure
180 compliance with the terms of the operating permit. The operating
181 permit for a commercial wastewater system is valid for 1 year
182 from the date of issuance and must be renewed annually. The
183 operating permit for an aerobic treatment unit is valid for 2
184 years from the date of issuance and must be renewed every 2
185 years. If all information pertaining to the siting, location,
186 and installation conditions or repair of an onsite sewage
187 treatment and disposal system remains the same, a construction
188 or repair permit for the onsite sewage treatment and disposal
189 system may be transferred to another person, if the transferee
190 files, within 60 days after the transfer of ownership, an
191 amended application providing all corrected information and
192 proof of ownership of the property. There is no fee associated
193 with the processing of this supplemental information. A person
194 may not contract to construct, modify, alter, repair, service,
195 abandon, or maintain any portion of an onsite sewage treatment
196 and disposal system without being registered under part III of
197 chapter 489. A property owner who personally performs
198 construction, maintenance, or repairs to a system serving his or
199 her own owner-occupied single-family residence is exempt from
200 registration requirements for performing such construction,
201 maintenance, or repairs on that residence, but is subject to all
202 permitting requirements. A municipality or political subdivision
203 of the state may not issue a building or plumbing permit for any
204 building that requires the use of an onsite sewage treatment and
205 disposal system unless the owner or builder has received a
206 construction permit for such system from the department. A
207 building or structure may not be occupied and a municipality,
208 political subdivision, or any state or federal agency may not
209 authorize occupancy until the department approves the final
210 installation of the onsite sewage treatment and disposal system.
211 A municipality or political subdivision of the state may not
212 approve any change in occupancy or tenancy of a building that
213 uses an onsite sewage treatment and disposal system until the
214 department has reviewed the use of the system with the proposed
215 change, approved the change, and amended the operating permit.
216 (n) Evaluations for determining the seasonal high-water
217 table elevations or the suitability of soils for the use of a
218 new onsite sewage treatment and disposal system shall be
219 performed by department personnel, professional engineers
220 registered in the state, or such other persons with expertise,
221 as defined by rule, in making such evaluations. Evaluations for
222 determining mean annual flood lines shall be performed by those
223 persons identified in paragraph (2)(j) (2)(i). The department
224 shall accept evaluations submitted by professional engineers and
225 such other persons as meet the expertise established by this
226 section or by rule unless the department has a reasonable
227 scientific basis for questioning the accuracy or completeness of
228 the evaluation.
229 (w) A permit that is approved by the department and issued
230 for the installation, modification, or repair of an onsite
231 sewage treatment and disposal system shall be transferred along
232 with the title to the property in a real estate transaction. A
233 title may not be encumbered at the time of transfer by new
234 permit requirements by a governmental entity for an onsite
235 sewage treatment and disposal system which differ from the
236 permitting requirements in effect at the time the system was
237 permitted, modified, or repaired.
238 (x)1. An onsite sewage treatment and disposal system is not
239 considered abandoned if the system is disconnected from a
240 structure that was made unusable or destroyed following a
241 disaster and was properly functioning at the time of
242 disconnection and was not adversely affected by the disaster.
243 The onsite sewage treatment and disposal system may be
244 reconnected to a rebuilt structure if:
245 a. The reconnection of the system is to the same type of
246 structure which contains the same number of bedrooms or fewer,
247 provided that the square footage of the structure is less than
248 or equal to 110 percent of the original square footage of the
249 structure that existed before the disaster;
250 b. The system is not a sanitary nuisance; and
251 c. The system has not been altered without prior
252 authorization.
253 2. An onsite sewage treatment and disposal system that
254 serves a property that is foreclosed upon is not considered
255 abandoned.
256 (y) If an onsite sewage treatment and disposal system
257 permittee receives, relies upon, and undertakes construction of
258 a system based upon a validly issued construction permit under
259 rules applicable at the time of construction but a change to a
260 rule occurs within 5 years after the approval of the system for
261 construction but before the final approval of the system, the
262 rules applicable and in effect at the time of construction
263 approval apply at the time of final approval if fundamental site
264 conditions have not changed between the time of construction
265 approval and final approval.
266 (z) A modification, replacement, or upgrade of an onsite
267 sewage treatment and disposal system is not required for a
268 remodeling addition to a single-family home if a bedroom is not
269 added.
270 Section 3. Section 468.604, Florida Statutes, is amended to
271 read:
272 468.604 Responsibilities of building code administrators,
273 plans examiners, and inspectors.—
274 (1) It is the responsibility of the building code
275 administrator or building official to administrate, supervise,
276 direct, enforce, or perform the permitting and inspection of
277 construction, alteration, repair, remodeling, or demolition of
278 structures and the installation of building systems within the
279 boundaries of their governmental jurisdiction, when permitting
280 is required, to ensure compliance with the Florida Building Code
281 and any applicable local technical amendment to the Florida
282 Building Code. The building code administrator or building
283 official shall faithfully perform these responsibilities without
284 interference from any person. These responsibilities include:
285 (a) The review of construction plans to ensure compliance
286 with all applicable sections of the code. The construction plans
287 must be reviewed before the issuance of any building, system
288 installation, or other construction permit. The review of
289 construction plans must be done by the building code
290 administrator or building official or by a person having the
291 appropriate plans examiner license issued under this chapter.
292 (b) The inspection of each phase of construction where a
293 building or other construction permit has been issued. The
294 building code administrator or building official, or a person
295 having the appropriate building code inspector license issued
296 under this chapter, shall inspect the construction or
297 installation to ensure that the work is performed in accordance
298 with applicable sections of the code.
299 (2) It is the responsibility of the building code inspector
300 to conduct inspections of construction, alteration, repair,
301 remodeling, or demolition of structures and the installation of
302 building systems, when permitting is required, to ensure
303 compliance with the Florida Building Code and any applicable
304 local technical amendment to the Florida Building Code. Each
305 building code inspector must be licensed in the appropriate
306 category as defined in s. 468.603. The building code inspector’s
307 responsibilities must be performed under the direction of the
308 building code administrator or building official without
309 interference from any unlicensed person.
310 (3) It is the responsibility of the plans examiner to
311 conduct review of construction plans submitted in the permit
312 application to assure compliance with the Florida Building Code
313 and any applicable local technical amendment to the Florida
314 Building Code. The review of construction plans must be done by
315 the building code administrator or building official or by a
316 person licensed in the appropriate plans examiner category as
317 defined in s. 468.603. The plans examiner’s responsibilities
318 must be performed under the supervision and authority of the
319 building code administrator or building official without
320 interference from any unlicensed person.
321 (4) The Legislature finds that the electronic filing of
322 construction plans will increase government efficiency, reduce
323 costs, and increase timeliness of processing permits. If the
324 building code administrator or building official provides for
325 electronic filing, the construction plans, drawings,
326 specifications, reports, final documents, or documents prepared
327 or issued by a licensee may be dated and electronically signed
328 and sealed by the licensee in accordance with part I of chapter
329 668 and may be transmitted electronically to the building code
330 administrator or building official for approval.
331 Section 4. Paragraph (c) of subsection (2) and paragraph
332 (a) of subsection (7) of section 468.609, Florida Statutes, are
333 amended to read:
334 468.609 Administration of this part; standards for
335 certification; additional categories of certification.—
336 (2) A person may take the examination for certification as
337 a building code inspector or plans examiner pursuant to this
338 part if the person:
339 (c) Meets eligibility requirements according to one of the
340 following criteria:
341 1. Demonstrates 5 years’ combined experience in the field
342 of construction or a related field, building code inspection, or
343 plans review corresponding to the certification category sought;
344 2. Demonstrates a combination of postsecondary education in
345 the field of construction or a related field and experience
346 which totals 4 years, with at least 1 year of such total being
347 experience in construction, building code inspection, or plans
348 review;
349 3. Demonstrates a combination of technical education in the
350 field of construction or a related field and experience which
351 totals 4 years, with at least 1 year of such total being
352 experience in construction, building code inspection, or plans
353 review;
354 4. Currently holds a standard certificate as issued by the
355 board, or a fire safety inspector license issued pursuant to
356 chapter 633, has a minimum of 5 years’ verifiable full-time
357 experience in inspection or plan review, and satisfactorily
358 completes a building code inspector or plans examiner training
359 program of not less than 200 hours in the certification category
360 sought. The board shall establish by rule criteria for the
361 development and implementation of the training programs; or
362 5. Demonstrates a combination of the completion of an
363 approved training program in the field of building code
364 inspection or plan review and a minimum of 2 years’ experience
365 in the field of building code inspection, plan review, fire code
366 inspections and fire plans review of new buildings as a
367 firesafety inspector certified under s. 633.081(2), or
368 construction. The approved training portion of this requirement
369 shall include proof of satisfactory completion of a training
370 program of not less than 300 hours which is approved by the
371 board in the chosen category of building code inspection or plan
372 review in the certification category sought with not less than
373 20 hours of instruction in state laws, rules, and ethics
374 relating to professional standards of practice, duties, and
375 responsibilities of a certificateholder. The board shall
376 coordinate with the Building Officials Association of Florida,
377 Inc., to establish by rule the development and implementation of
378 the training program.
379 (7)(a) The board may provide for the issuance of
380 provisional certificates valid for 1 year such period, not less
381 than 3 years nor more than 5 years, as specified by board rule,
382 to any newly employed or promoted building code inspector or
383 plans examiner who meets the eligibility requirements described
384 in subsection (2) and any newly employed or promoted building
385 code administrator who meets the eligibility requirements
386 described in subsection (3). The provisional license may be
387 renewed by the board for just cause; however, a provisional
388 license is not valid for a period longer than 3 years.
389 Section 5. Paragraph (d) of subsection (1) of section
390 468.841, Florida Statutes, is amended to read:
391 468.841 Exemptions.—
392 (1) The following persons are not required to comply with
393 any provisions of this part relating to mold assessment:
394 (d) Persons or business organizations acting within the
395 scope of the respective licenses required under part XV of this
396 chapter, chapter 471, part I or part II of chapter 481, chapter
397 482, or chapter 489 are acting on behalf of an insurer under
398 part VI of chapter 626, or are persons in the manufactured
399 housing industry who are licensed under chapter 320, except when
400 any such persons or business organizations hold themselves out
401 for hire to the public as a “certified mold assessor,”
402 “registered mold assessor,” “licensed mold assessor,” “mold
403 assessor,” “professional mold assessor,” or any combination
404 thereof stating or implying licensure under this part.
405 Section 6. Subsection (7) of section 489.103, Florida
406 Statutes, is amended to read:
407 489.103 Exemptions.—This part does not apply to:
408 (7)(a) Owners of property when acting as their own
409 contractor and providing direct, onsite supervision themselves
410 of all work not performed by licensed contractors:
411 1.(a) When building or improving farm outbuildings or one
412 family or two-family residences on such property for the
413 occupancy or use of such owners and not offered for sale or
414 lease, or building or improving commercial buildings, at a cost
415 not to exceed $75,000, on such property for the occupancy or use
416 of such owners and not offered for sale or lease. In an action
417 brought under this part, proof of the sale or lease, or offering
418 for sale or lease, of any such structure by the owner-builder
419 within 1 year after completion of same creates a presumption
420 that the construction was undertaken for purposes of sale or
421 lease.
422 2.(b) When repairing or replacing wood shakes or asphalt or
423 fiberglass shingles on one-family, two-family, or three-family
424 residences for the occupancy or use of such owner or tenant of
425 the owner and not offered for sale within 1 year after
426 completion of the work and when the property has been damaged by
427 natural causes from an event recognized as an emergency
428 situation designated by executive order issued by the Governor
429 declaring the existence of a state of emergency as a result and
430 consequence of a serious threat posed to the public health,
431 safety, and property in this state.
432 3. After the local building official approves
433 implementation of the United States Department of Energy Solar
434 SunShot Initiative, when installing, uninstalling, or replacing
435 solar panels on one-family, two-family, or three-family
436 residences for the occupancy or use of such owner or tenant of
437 the owner.
438 (b) This subsection does not exempt any person who is
439 employed by or has a contract with such owner and who acts in
440 the capacity of a contractor. The owner may not delegate the
441 owner’s responsibility to directly supervise all work to any
442 other person unless that person is registered or certified under
443 this part and the work being performed is within the scope of
444 that person’s license. For the purposes of this subsection, the
445 term “owners of property” includes the owner of a mobile home
446 situated on a leased lot.
447 (c) To qualify for exemption under this subsection, an
448 owner must personally appear and sign the building permit
449 application and must satisfy local permitting agency
450 requirements, if any, proving that the owner has a complete
451 understanding of the owner’s obligations under the law as
452 specified in the disclosure statement in this section. An
453 owner’s notarized signature or personal appearance to sign the
454 permit application is not required for a solar project, as
455 described in subparagraph (a)3., if the building permit
456 application is submitted electronically to the permitting
457 authority and the owner certifies the application and disclosure
458 statement using the permitting authority’s electronic
459 confirmation system. If any person violates the requirements of
460 this subsection, the local permitting agency shall withhold
461 final approval, revoke the permit, or pursue any action or
462 remedy for unlicensed activity against the owner and any person
463 performing work that requires licensure under the permit issued.
464 The local permitting agency shall provide the person with a
465 disclosure statement in substantially the following form:
466
467 DISCLOSURE STATEMENT
468
469 1. I understand that state law requires construction
470 to be done by a licensed contractor and have applied
471 for an owner-builder permit under an exemption from
472 the law. The exemption specifies that I, as the owner
473 of the property listed, may act as my own contractor
474 with certain restrictions even though I do not have a
475 license.
476
477 2. I understand that building permits are not required
478 to be signed by a property owner unless he or she is
479 responsible for the construction and is not hiring a
480 licensed contractor to assume responsibility.
481
482 3. I understand that, as an owner-builder, I am the
483 responsible party of record on a permit. I understand
484 that I may protect myself from potential financial
485 risk by hiring a licensed contractor and having the
486 permit filed in his or her name instead of my own
487 name. I also understand that a contractor is required
488 by law to be licensed in Florida and to list his or
489 her license numbers on permits and contracts.
490
491 4. I understand that I may build or improve a one
492 family or two-family residence or a farm outbuilding.
493 I may also build or improve a commercial building if
494 the costs do not exceed $75,000. The building or
495 residence must be for my own use or occupancy. It may
496 not be built or substantially improved for sale or
497 lease. If a building or residence that I have built or
498 substantially improved myself is sold or leased within
499 1 year after the construction is complete, the law
500 will presume that I built or substantially improved it
501 for sale or lease, which violates the exemption.
502
503 5. I understand that, as the owner-builder, I must
504 provide direct, onsite supervision of the
505 construction.
506
507 6. I understand that I may not hire an unlicensed
508 person to act as my contractor or to supervise persons
509 working on my building or residence. It is my
510 responsibility to ensure that the persons whom I
511 employ have the licenses required by law and by county
512 or municipal ordinance.
513
514 7. I understand that it is a frequent practice of
515 unlicensed persons to have the property owner obtain
516 an owner-builder permit that erroneously implies that
517 the property owner is providing his or her own labor
518 and materials. I, as an owner-builder, may be held
519 liable and subjected to serious financial risk for any
520 injuries sustained by an unlicensed person or his or
521 her employees while working on my property. My
522 homeowner’s insurance may not provide coverage for
523 those injuries. I am willfully acting as an owner
524 builder and am aware of the limits of my insurance
525 coverage for injuries to workers on my property.
526
527 8. I understand that I may not delegate the
528 responsibility for supervising work to a licensed
529 contractor who is not licensed to perform the work
530 being done. Any person working on my building who is
531 not licensed must work under my direct supervision and
532 must be employed by me, which means that I must comply
533 with laws requiring the withholding of federal income
534 tax and social security contributions under the
535 Federal Insurance Contributions Act (FICA) and must
536 provide workers’ compensation for the employee. I
537 understand that my failure to follow these laws may
538 subject me to serious financial risk.
539
540 9. I agree that, as the party legally and financially
541 responsible for this proposed construction activity, I
542 will abide by all applicable laws and requirements
543 that govern owner-builders as well as employers. I
544 also understand that the construction must comply with
545 all applicable laws, ordinances, building codes, and
546 zoning regulations.
547
548 10. I understand that I may obtain more information
549 regarding my obligations as an employer from the
550 Internal Revenue Service, the United States Small
551 Business Administration, the Florida Department of
552 Financial Services, and the Florida Department of
553 Revenue. I also understand that I may contact the
554 Florida Construction Industry Licensing Board at
555 ...(telephone number)... or ...(Internet website
556 address)... for more information about licensed
557 contractors.
558
559 11. I am aware of, and consent to, an owner-builder
560 building permit applied for in my name and understand
561 that I am the party legally and financially
562 responsible for the proposed construction activity at
563 the following address: ...(address of property)....
564
565 12. I agree to notify ...(issuer of disclosure
566 statements)... immediately of any additions,
567 deletions, or changes to any of the information that I
568 have provided on this disclosure.
569
570 Licensed contractors are regulated by laws designed to
571 protect the public. If you contract with a person who
572 does not have a license, the Construction Industry
573 Licensing Board and Department of Business and
574 Professional Regulation may be unable to assist you
575 with any financial loss that you sustain as a result
576 of a complaint. Your only remedy against an unlicensed
577 contractor may be in civil court. It is also important
578 for you to understand that, if an unlicensed
579 contractor or employee of an individual or firm is
580 injured while working on your property, you may be
581 held liable for damages. If you obtain an owner
582 builder permit and wish to hire a licensed contractor,
583 you will be responsible for verifying whether the
584 contractor is properly licensed and the status of the
585 contractor’s workers’ compensation coverage.
586
587 Before a building permit can be issued, this
588 disclosure statement must be completed and signed by
589 the property owner and returned to the local
590 permitting agency responsible for issuing the permit.
591 A copy of the property owner’s driver license, the
592 notarized signature of the property owner, or other
593 type of verification acceptable to the local
594 permitting agency is required when the permit is
595 issued.
596
597 Signature: ...(signature of property owner)....
598 Date: ...(date)....
599
600 (d) A building permit application and disclosure statement
601 electronically submitted by an owner to the authority for a
602 solar project, as described in subparagraph (a)3., must also
603 contain the following additional statement:
604
605 OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty
606 of perjury, I declare that all the information
607 contained in this building permit application and the
608 representations made in the required disclosure
609 statement are true and correct.
610
611 (e) A permitting authority that accepts a building permit
612 application and disclosure statement in an electronic format
613 from an owner who is exempt pursuant to this subsection and who
614 applies for a permit relating to a solar project, as described
615 in subparagraph (a)3., is not liable in any civil action for
616 inaccurate information submitted by the owner using the
617 authority’s electronic confirmation system.
618 Section 7. Subsection (3) of section 489.105, Florida
619 Statutes, is amended, and subsection (6) of that section is
620 reenacted, to read:
621 489.105 Definitions.—As used in this part:
622 (3) “Contractor” means the person who is qualified for, and
623 is only responsible for, the project contracted for and means,
624 except as exempted in this part, the person who, for
625 compensation, undertakes to, submits a bid to, or does himself
626 or herself or by others construct, repair, alter, remodel, add
627 to, demolish, subtract from, or improve any building or
628 structure, including related improvements to real estate, for
629 others or for resale to others; and whose job scope is
630 substantially similar to the job scope described in one of the
631 subsequent paragraphs of this subsection. For the purposes of
632 regulation under this part, the term “demolish” applies only to
633 demolition of steel tanks more than over 50 feet in height;
634 towers more than over 50 feet in height; other structures more
635 than over 50 feet in height; and all, other than buildings or
636 residences over three stories tall; and buildings or residences
637 over three stories tall. Contractors are subdivided into two
638 divisions, Division I, consisting of those contractors defined
639 in paragraphs (a)-(c), and Division II, consisting of those
640 contractors defined in paragraphs (d)-(q) (d)-(r):
641 (a) “General contractor” means a contractor whose services
642 are unlimited as to the type of work which he or she may do, who
643 may contract for any activity requiring licensure under this
644 part, and who may perform any work requiring licensure under
645 this part, except as otherwise expressly provided in s. 489.113.
646 (b) “Building contractor” means a contractor whose services
647 are limited to construction of commercial buildings and single
648 dwelling or multiple-dwelling residential buildings, which do
649 not exceed three stories in height, and accessory use structures
650 in connection therewith or a contractor whose services are
651 limited to remodeling, repair, or improvement of any size
652 building if the services do not affect the structural members of
653 the building.
654 (c) “Residential contractor” means a contractor whose
655 services are limited to construction, remodeling, repair, or
656 improvement of one-family, two-family, or three-family
657 residences not exceeding two habitable stories above no more
658 than one uninhabitable story and accessory use structures in
659 connection therewith.
660 (d) “Sheet metal contractor” means a contractor whose
661 services are unlimited in the sheet metal trade and who has the
662 experience, knowledge, and skill necessary for the manufacture,
663 fabrication, assembling, handling, erection, installation,
664 dismantling, conditioning, adjustment, insulation, alteration,
665 repair, servicing, or design, if not prohibited by law, of
666 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
667 equivalent or lighter gauge and of other materials, including,
668 but not limited to, fiberglass, used in lieu thereof and of air
669 handling systems, including the setting of air-handling
670 equipment and reinforcement of same, the balancing of air
671 handling systems, and any duct cleaning and equipment sanitizing
672 that requires at least a partial disassembling of the system.
673 (e) “Roofing contractor” means a contractor whose services
674 are unlimited in the roofing trade and who has the experience,
675 knowledge, and skill to install, maintain, repair, alter,
676 extend, or design, if not prohibited by law, and use materials
677 and items used in the installation, maintenance, extension, and
678 alteration of all kinds of roofing, waterproofing, and coating,
679 except when coating is not represented to protect, repair,
680 waterproof, stop leaks, or extend the life of the roof. The
681 scope of work of a roofing contractor also includes required
682 roof-deck attachments and any repair or replacement of wood roof
683 sheathing or fascia as needed during roof repair or replacement.
684 (f) “Class A air-conditioning contractor” means a
685 contractor whose services are unlimited in the execution of
686 contracts requiring the experience, knowledge, and skill to
687 install, maintain, test, evaluate, repair, fabricate, alter,
688 extend, or design, if not prohibited by law, central air
689 conditioning, refrigeration, heating, and ventilating systems,
690 including duct work in connection with a complete system if such
691 duct work is performed by the contractor as necessary to
692 complete an air-distribution system, boiler and unfired pressure
693 vessel systems, and all appurtenances, apparatus, or equipment
694 used in connection therewith, and any duct cleaning and
695 equipment sanitizing that requires at least a partial
696 disassembling of the system; to install, maintain, repair,
697 fabricate, alter, extend, or design, if not prohibited by law,
698 piping, insulation of pipes, vessels and ducts, pressure and
699 process piping, and pneumatic control piping; to replace,
700 disconnect, or reconnect power wiring on the load side of the
701 dedicated existing electrical disconnect switch; to install,
702 disconnect, and reconnect low voltage heating, ventilating, and
703 air-conditioning control wiring; and to install a condensate
704 drain from an air-conditioning unit to an existing safe waste or
705 other approved disposal other than a direct connection to a
706 sanitary system. The scope of work for such contractor also
707 includes any excavation work incidental thereto, but does not
708 include any work such as liquefied petroleum or natural gas fuel
709 lines within buildings, except for disconnecting or reconnecting
710 changeouts of liquefied petroleum or natural gas appliances
711 within buildings; potable water lines or connections thereto;
712 sanitary sewer lines; swimming pool piping and filters; or
713 electrical power wiring.
714 (g) “Class B air-conditioning contractor” means a
715 contractor whose services are limited to 25 tons of cooling and
716 500,000 Btu of heating in any one system in the execution of
717 contracts requiring the experience, knowledge, and skill to
718 install, maintain, test, evaluate, repair, fabricate, alter,
719 extend, or design, if not prohibited by law, central air
720 conditioning, refrigeration, heating, and ventilating systems,
721 including duct work in connection with a complete system only to
722 the extent such duct work is performed by the contractor as
723 necessary to complete an air-distribution system being installed
724 under this classification, and any duct cleaning and equipment
725 sanitizing that requires at least a partial disassembling of the
726 system; to install, maintain, repair, fabricate, alter, extend,
727 or design, if not prohibited by law, piping and insulation of
728 pipes, vessels, and ducts; to replace, disconnect, or reconnect
729 power wiring on the load side of the dedicated existing
730 electrical disconnect switch; to install, disconnect, and
731 reconnect low voltage heating, ventilating, and air-conditioning
732 control wiring; and to install a condensate drain from an air
733 conditioning unit to an existing safe waste or other approved
734 disposal other than a direct connection to a sanitary system.
735 The scope of work for such contractor also includes any
736 excavation work incidental thereto, but does not include any
737 work such as liquefied petroleum or natural gas fuel lines
738 within buildings, except for disconnecting or reconnecting
739 changeouts of liquefied petroleum or natural gas appliances
740 within buildings; potable water lines or connections thereto;
741 sanitary sewer lines; swimming pool piping and filters; or
742 electrical power wiring.
743 (h) “Class C air-conditioning contractor” means a
744 contractor whose business is limited to the servicing of air
745 conditioning, heating, or refrigeration systems, including any
746 duct cleaning and equipment sanitizing that requires at least a
747 partial disassembling of the system, and whose certification or
748 registration, issued pursuant to this part, was valid on October
749 1, 1988. Only a person who was registered or certified as a
750 Class C air-conditioning contractor as of October 1, 1988, shall
751 be so registered or certified after October 1, 1988. However,
752 the board shall continue to license and regulate those Class C
753 air-conditioning contractors who held Class C licenses before
754 October 1, 1988.
755 (i) “Mechanical contractor” means a contractor whose
756 services are unlimited in the execution of contracts requiring
757 the experience, knowledge, and skill to install, maintain, test,
758 evaluate, repair, fabricate, alter, extend, or design, if not
759 prohibited by law, central air-conditioning, refrigeration,
760 heating, and ventilating systems, including duct work in
761 connection with a complete system if such duct work is performed
762 by the contractor as necessary to complete an air-distribution
763 system, boiler and unfired pressure vessel systems, lift station
764 equipment and piping, and all appurtenances, apparatus, or
765 equipment used in connection therewith, and any duct cleaning
766 and equipment sanitizing that requires at least a partial
767 disassembling of the system; to install, maintain, repair,
768 fabricate, alter, extend, or design, if not prohibited by law,
769 piping, insulation of pipes, vessels and ducts, pressure and
770 process piping, pneumatic control piping, gasoline tanks and
771 pump installations and piping for same, standpipes, air piping,
772 vacuum line piping, oxygen lines, nitrous oxide piping, ink and
773 chemical lines, fuel transmission lines, liquefied petroleum gas
774 lines within buildings, and natural gas fuel lines within
775 buildings; to replace, disconnect, or reconnect power wiring on
776 the load side of the dedicated existing electrical disconnect
777 switch; to install, disconnect, and reconnect low voltage
778 heating, ventilating, and air-conditioning control wiring; and
779 to install a condensate drain from an air-conditioning unit to
780 an existing safe waste or other approved disposal other than a
781 direct connection to a sanitary system. The scope of work for
782 such contractor also includes any excavation work incidental
783 thereto, but does not include any work such as potable water
784 lines or connections thereto, sanitary sewer lines, swimming
785 pool piping and filters, or electrical power wiring.
786 (j) “Commercial pool/spa contractor” means a contractor
787 whose scope of work involves, but is not limited to, the
788 construction, repair, and servicing of any swimming pool, or hot
789 tub or spa, whether public, private, or otherwise, regardless of
790 use. The scope of work includes the installation, repair, or
791 replacement of existing equipment, any cleaning or equipment
792 sanitizing that requires at least a partial disassembling,
793 excluding filter changes, and the installation of new pool/spa
794 equipment, interior finishes, the installation of package pool
795 heaters, the installation of all perimeter piping and filter
796 piping, and the construction of equipment rooms or housing for
797 pool/spa equipment, and also includes the scope of work of a
798 swimming pool/spa servicing contractor. The scope of such work
799 does not include direct connections to a sanitary sewer system
800 or to potable water lines. The installation, construction,
801 modification, or replacement of equipment permanently attached
802 to and associated with the pool or spa for the purpose of water
803 treatment or cleaning of the pool or spa requires licensure;
804 however, the usage of such equipment for the purposes of water
805 treatment or cleaning does not require licensure unless the
806 usage involves construction, modification, or replacement of
807 such equipment. Water treatment that does not require such
808 equipment does not require a license. In addition, a license is
809 not required for the cleaning of the pool or spa in a way that
810 does not affect the structural integrity of the pool or spa or
811 its associated equipment.
812 (k) “Residential pool/spa contractor” means a contractor
813 whose scope of work involves, but is not limited to, the
814 construction, repair, and servicing of a residential swimming
815 pool, or hot tub or spa, regardless of use. The scope of work
816 includes the installation, repair, or replacement of existing
817 equipment, any cleaning or equipment sanitizing that requires at
818 least a partial disassembling, excluding filter changes, and the
819 installation of new pool/spa equipment, interior finishes, the
820 installation of package pool heaters, the installation of all
821 perimeter piping and filter piping, and the construction of
822 equipment rooms or housing for pool/spa equipment, and also
823 includes the scope of work of a swimming pool/spa servicing
824 contractor. The scope of such work does not include direct
825 connections to a sanitary sewer system or to potable water
826 lines. The installation, construction, modification, or
827 replacement of equipment permanently attached to and associated
828 with the pool or spa for the purpose of water treatment or
829 cleaning of the pool or spa requires licensure; however, the
830 usage of such equipment for the purposes of water treatment or
831 cleaning does not require licensure unless the usage involves
832 construction, modification, or replacement of such equipment.
833 Water treatment that does not require such equipment does not
834 require a license. In addition, a license is not required for
835 the cleaning of the pool or spa in a way that does not affect
836 the structural integrity of the pool or spa or its associated
837 equipment.
838 (l) “Swimming pool/spa servicing contractor” means a
839 contractor whose scope of work involves, but is not limited to,
840 the repair and servicing of a swimming pool, or hot tub or spa,
841 whether public or private, or otherwise, regardless of use. The
842 scope of work includes the repair or replacement of existing
843 equipment, any cleaning or equipment sanitizing that requires at
844 least a partial disassembling, excluding filter changes, and the
845 installation of new pool/spa equipment, interior refinishing,
846 the reinstallation or addition of pool heaters, the repair or
847 replacement of all perimeter piping and filter piping, the
848 repair of equipment rooms or housing for pool/spa equipment, and
849 the substantial or complete draining of a swimming pool, or hot
850 tub or spa, for the purpose of repair or renovation. The scope
851 of such work does not include direct connections to a sanitary
852 sewer system or to potable water lines. The installation,
853 construction, modification, substantial or complete disassembly,
854 or replacement of equipment permanently attached to and
855 associated with the pool or spa for the purpose of water
856 treatment or cleaning of the pool or spa requires licensure;
857 however, the usage of such equipment for the purposes of water
858 treatment or cleaning does not require licensure unless the
859 usage involves construction, modification, substantial or
860 complete disassembly, or replacement of such equipment. Water
861 treatment that does not require such equipment does not require
862 a license. In addition, a license is not required for the
863 cleaning of the pool or spa in a way that does not affect the
864 structural integrity of the pool or spa or its associated
865 equipment.
866 (m) “Plumbing contractor” means a contractor whose services
867 are unlimited in the plumbing trade and includes contracting
868 business consists of the execution of contracts requiring the
869 experience, financial means, knowledge, and skill to install,
870 maintain, repair, alter, extend, or, if not prohibited by law,
871 design plumbing. A plumbing contractor may install, maintain,
872 repair, alter, extend, or, if not prohibited by law, design the
873 following without obtaining an additional local regulatory
874 license, certificate, or registration: sanitary drainage or
875 storm drainage facilities, water and sewer plants and
876 substations,; venting systems, water supply backflow
877 prevention,; public or private water supply systems,; septic
878 tanks,; drainage and supply wells, drain cleaning and clearing,
879 rainwater catchment systems,; swimming pool piping,; irrigation
880 systems, and; or solar heating water systems, and all
881 appurtenances, apparatus, or equipment used in connection
882 therewith, including boilers and pressure process piping and
883 including the installation of water, natural gas, liquefied
884 petroleum gas and related venting, and storm and sanitary sewer
885 lines; and water and sewer plants and substations. The scope of
886 work of the plumbing contractor also includes the design, if not
887 prohibited by law, and installation, maintenance, repair,
888 alteration, or extension of air-piping, vacuum line piping,
889 oxygen line piping, nitrous oxide piping, and all related
890 medical gas systems; fire line standpipes and fire sprinklers if
891 authorized by law; ink and chemical lines; fuel oil and gasoline
892 piping and tank and pump installation, except bulk storage
893 plants; and pneumatic control piping systems, all in a manner
894 that complies with all plans, specifications, codes, laws, and
895 regulations applicable. The scope of work of the plumbing
896 contractor applies to private property and public property,
897 including any excavation work incidental thereto, and includes
898 the work of the specialty plumbing contractor. Such contractor
899 shall subcontract, with a qualified contractor in the field
900 concerned, all other work incidental to the work but which is
901 specified as being the work of a trade other than that of a
902 plumbing contractor. This definition does not limit the scope of
903 work of any specialty contractor certified pursuant to s.
904 489.113(6), and does not require certification or registration
905 under this part of any authorized employee of a public natural
906 gas utility or of a private natural gas utility regulated by the
907 Public Service Commission when disconnecting and reconnecting
908 water lines in the servicing or replacement of an existing water
909 heater.
910 (n) “Underground utility and excavation contractor” means a
911 contractor whose services are limited to the construction,
912 installation, and repair, on public or private property, whether
913 accomplished through open excavations or through other means,
914 including, but not limited to, directional drilling, auger
915 boring, jacking and boring, trenchless technologies, wet and dry
916 taps, grouting, and slip lining, of main sanitary sewer
917 collection systems, main water distribution systems, storm sewer
918 collection systems, and the continuation of utility lines from
919 the main systems to a point of termination up to and including
920 the meter location for the individual occupancy, sewer
921 collection systems at property line on residential or single
922 occupancy commercial properties, or on multioccupancy properties
923 at manhole or wye lateral extended to an invert elevation as
924 engineered to accommodate future building sewers, water
925 distribution systems, or storm sewer collection systems at storm
926 sewer structures. However, an underground utility and excavation
927 contractor may install empty underground conduits in rights-of
928 way, easements, platted rights-of-way in new site development,
929 and sleeves for parking lot crossings no smaller than 2 inches
930 in diameter if each conduit system installed is designed by a
931 licensed professional engineer or an authorized employee of a
932 municipality, county, or public utility and the installation of
933 such conduit does not include installation of any conductor
934 wiring or connection to an energized electrical system. An
935 underground utility and excavation contractor may not install
936 piping that is an integral part of a fire protection system as
937 defined in s. 633.021 beginning at the point where the piping is
938 used exclusively for such system.
939 (o) “Solar contractor” means a contractor whose services
940 consist of the installation, alteration, repair, maintenance,
941 relocation, or replacement of solar panels for potable solar
942 water heating systems, swimming pool solar heating systems, and
943 photovoltaic systems and any appurtenances, apparatus, or
944 equipment used in connection therewith, whether public, private,
945 or otherwise, regardless of use. A contractor, certified or
946 registered pursuant to this chapter, is not required to become a
947 certified or registered solar contractor or to contract with a
948 solar contractor in order to provide services enumerated in this
949 paragraph that are within the scope of the services such
950 contractors may render under this part.
951 (p) “Pollutant storage systems contractor” means a
952 contractor whose services are limited to, and who has the
953 experience, knowledge, and skill to install, maintain, repair,
954 alter, extend, or design, if not prohibited by law, and use
955 materials and items used in the installation, maintenance,
956 extension, and alteration of, pollutant storage tanks. Any
957 person installing a pollutant storage tank shall perform such
958 installation in accordance with the standards adopted pursuant
959 to s. 376.303.
960 (q) “Glass and glazing contractor” means a contractor whose
961 services are unlimited in the execution of contracts requiring
962 the experience, knowledge, and skill to install, attach,
963 maintain, repair, fabricate, alter, extend, or design, in
964 residential and commercial applications without any height
965 restrictions, all types of windows, glass, and mirrors, whether
966 fixed or movable; swinging or sliding glass doors attached to
967 existing walls, floors, columns, or other structural members of
968 the building; glass holding or supporting mullions or horizontal
969 bars; structurally anchored impact-resistant opening protection
970 attached to existing building walls, floors, columns, or other
971 structural members of the building; prefabricated glass, metal,
972 or plastic curtain walls; storefront frames or panels; shower
973 and tub enclosures; metal fascias; and caulking incidental to
974 such work and assembly.
975 (q)(r) “Specialty contractor” means a contractor whose
976 scope of work and responsibility is limited to a particular
977 phase of construction established in a category adopted by board
978 rule and whose scope is limited to a subset of the activities
979 described in one of the paragraphs of this subsection.
980 (6) “Contracting” means, except as exempted in this part,
981 engaging in business as a contractor and includes, but is not
982 limited to, performance of any of the acts as set forth in
983 subsection (3) which define types of contractors. The attempted
984 sale of contracting services and the negotiation or bid for a
985 contract on these services also constitutes contracting. If the
986 services offered require licensure or agent qualification, the
987 offering, negotiation for a bid, or attempted sale of these
988 services requires the corresponding licensure. However, the term
989 “contracting” shall not extend to an individual, partnership,
990 corporation, trust, or other legal entity that offers to sell or
991 sells completed residences on property on which the individual
992 or business entity has any legal or equitable interest, or to
993 the individual or business entity that offers to sell or sells
994 manufactured or factory-built buildings that will be completed
995 on site on property on which either party to a contract has any
996 legal or equitable interest, if the services of a qualified
997 contractor certified or registered pursuant to the requirements
998 of this chapter have been or will be retained for the purpose of
999 constructing or completing such residences.
1000 Section 8. The amendments to s. 489.105(6), Florida
1001 Statutes, as enacted by s. 30 of chapter 2008-240, Laws of
1002 Florida, were intended to protect the sanctity of contracts for
1003 the sale of manufactured or factory-built buildings that will be
1004 completed on site and to ensure that those contracts are legal
1005 and enforceable contracts under state law. The amendments were
1006 intended to be remedial in nature, clarify existing law, and
1007 apply retroactively to any contract for the sale of manufactured
1008 or factory-built buildings that will be completed on site and
1009 otherwise comply with state law.
1010 Section 9. Paragraph (c) of subsection (5) of section
1011 489.127, Florida Statutes, is amended to read:
1012 489.127 Prohibitions; penalties.—
1013 (5) Each county or municipality may, at its option,
1014 designate one or more of its code enforcement officers, as
1015 defined in chapter 162, to enforce, as set out in this
1016 subsection, the provisions of subsection (1) and s. 489.132(1)
1017 against persons who engage in activity for which a county or
1018 municipal certificate of competency or license or state
1019 certification or registration is required.
1020 (c) The local governing body of the county or municipality
1021 is authorized to enforce codes and ordinances against unlicensed
1022 contractors under the provisions of this subsection and may
1023 enact an ordinance establishing procedures for implementing this
1024 subsection, including a schedule of penalties to be assessed by
1025 the code enforcement officer. The maximum civil penalty which
1026 may be levied shall not exceed $2,000 $500. Moneys collected
1027 pursuant to this subsection shall be retained locally, as
1028 provided for by local ordinance, and may be set aside in a
1029 specific fund to support future enforcement activities against
1030 unlicensed contractors.
1031 Section 10. Paragraph (c) of subsection (4) of section
1032 489.531, Florida Statutes, is amended to read:
1033 489.531 Prohibitions; penalties.—
1034 (4) Each county or municipality may, at its option,
1035 designate one or more of its code enforcement officers, as
1036 defined in chapter 162, to enforce, as set out in this
1037 subsection, the provisions of subsection (1) against persons who
1038 engage in activity for which county or municipal certification
1039 is required.
1040 (c) The local governing body of the county or municipality
1041 is authorized to enforce codes and ordinances against unlicensed
1042 contractors under the provisions of this section and may enact
1043 an ordinance establishing procedures for implementing this
1044 section, including a schedule of penalties to be assessed by the
1045 code enforcement officers. The maximum civil penalty which may
1046 be levied shall not exceed $2,000 $500. Moneys collected
1047 pursuant to this section shall be retained locally as provided
1048 for by local ordinance and may be set aside in a specific fund
1049 to support future enforcement activities against unlicensed
1050 contractors.
1051 Section 11. Section 553.721, Florida Statutes, is amended
1052 to read:
1053 553.721 Surcharge.—In order for the Department of Business
1054 and Professional Regulation to administer and carry out the
1055 purposes of this part and related activities, there is hereby
1056 created a surcharge, to be assessed at the rate of 1.5 percent
1057 of the permit fees associated with enforcement of the Florida
1058 Building Code as defined by the uniform account criteria and
1059 specifically the uniform account code for building permits
1060 adopted for local government financial reporting pursuant to s.
1061 218.32. The minimum amount collected on any permit issued shall
1062 be $2. The unit of government responsible for collecting a
1063 permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect
1064 the such surcharge and electronically remit the funds collected
1065 to the department on a quarterly calendar basis beginning not
1066 later than December 31, 2010, for the preceding quarter, and
1067 continuing each third month thereafter. The, and such unit of
1068 government shall retain 10 percent of the surcharge collected to
1069 fund the participation of building departments in the national
1070 and state building code adoption processes and to provide
1071 education related to enforcement of the Florida Building Code.
1072 All funds remitted to the department pursuant to this section
1073 shall be deposited in the Professional Regulation Trust Fund.
1074 Funds collected from the such surcharge shall be allocated to
1075 fund used exclusively for the duties of the Florida Building
1076 Commission and the Florida Building Code Compliance and
1077 Mitigation Program under s. 553.841. Funds allocated to the
1078 Florida Building Code Compliance and Mitigation Program shall be
1079 $925,000 each fiscal year. The funds collected from the
1080 surcharge may and the Department of Business and Professional
1081 Regulation under this chapter and shall not be used to fund
1082 research on techniques for mitigation of radon in existing
1083 buildings. Funds used by the department as well as funds to be
1084 transferred to the Department of Health shall be as prescribed
1085 in the annual General Appropriations Act. The department shall
1086 adopt rules governing the collection and remittance of
1087 surcharges pursuant to in accordance with chapter 120.
1088 Section 12. Subsection (10) of section 553.73, Florida
1089 Statutes, is amended to read:
1090 553.73 Florida Building Code.—
1091 (10) The following buildings, structures, and facilities
1092 are exempt from the Florida Building Code as provided by law,
1093 and any further exemptions shall be as determined by the
1094 Legislature and provided by law:
1095 (a) Buildings and structures specifically regulated and
1096 preempted by the Federal Government.
1097 (b) Railroads and ancillary facilities associated with the
1098 railroad.
1099 (c) Nonresidential farm buildings on farms.
1100 (d) Temporary buildings or sheds used exclusively for
1101 construction purposes.
1102 (e) Mobile or modular structures used as temporary offices,
1103 except that the provisions of part II relating to accessibility
1104 by persons with disabilities shall apply to such mobile or
1105 modular structures.
1106 (f) Those structures or facilities of electric utilities,
1107 as defined in s. 366.02, which are directly involved in the
1108 generation, transmission, or distribution of electricity.
1109 (g) Temporary sets, assemblies, or structures used in
1110 commercial motion picture or television production, or any
1111 sound-recording equipment used in such production, on or off the
1112 premises.
1113 (h) Storage sheds that are not designed for human
1114 habitation and that have a floor area of 720 square feet or less
1115 are not required to comply with the mandatory wind-borne-debris
1116 impact standards of the Florida Building Code. In addition, such
1117 buildings that are 400 square feet or less and that are intended
1118 for use in conjunction with one- and two-family residences are
1119 not subject to the door height and width requirements of the
1120 Florida Building Code.
1121 (i) Chickees constructed by the Miccosukee Tribe of Indians
1122 of Florida or the Seminole Tribe of Florida. As used in this
1123 paragraph, the term “chickee” means an open-sided wooden hut
1124 that has a thatched roof of palm or palmetto or other
1125 traditional materials, and that does not incorporate any
1126 electrical, plumbing, or other nonwood features.
1127 (j) Family mausoleums not exceeding 250 square feet in area
1128 which are prefabricated and assembled on site or preassembled
1129 and delivered on site and have walls, roofs, and a floor
1130 constructed of granite, marble, or reinforced concrete.
1131 (k) A building or structure having less than 1,000 square
1132 feet which is constructed and owned by a natural person for
1133 hunting and which is repaired or reconstructed to the same
1134 dimension and condition as existed on January 1, 2011, if the
1135 building or structure:
1136 1. Is not rented or leased or used as a principal
1137 residence;
1138 2. Is not located within the 100-year floodplain according
1139 to the Federal Emergency Management Agency’s current Flood
1140 Insurance Rate Map; and
1141 3. Is not connected to an off-site electric power or water
1142 supply.
1143
1144 With the exception of paragraphs (a), (b), (c), and (f), in
1145 order to preserve the health, safety, and welfare of the public,
1146 the Florida Building Commission may, by rule adopted pursuant to
1147 chapter 120, provide for exceptions to the broad categories of
1148 buildings exempted in this section, including exceptions for
1149 application of specific sections of the code or standards
1150 adopted therein. The Department of Agriculture and Consumer
1151 Services shall have exclusive authority to adopt by rule,
1152 pursuant to chapter 120, exceptions to nonresidential farm
1153 buildings exempted in paragraph (c) when reasonably necessary to
1154 preserve public health, safety, and welfare. The exceptions must
1155 be based upon specific criteria, such as under-roof floor area,
1156 aggregate electrical service capacity, HVAC system capacity, or
1157 other building requirements. Further, the commission may
1158 recommend to the Legislature additional categories of buildings,
1159 structures, or facilities which should be exempted from the
1160 Florida Building Code, to be provided by law. The Florida
1161 Building Code does not apply to temporary housing provided by
1162 the Department of Corrections to any prisoner in the state
1163 correctional system.
1164 Section 13. Subsection (4) of section 553.844, Florida
1165 Statutes, is amended to read:
1166 553.844 Windstorm loss mitigation; requirements for roofs
1167 and opening protection.—
1168 (4) Notwithstanding the provisions of this section, exposed
1169 mechanical equipment or appliances fastened to a roof or
1170 installed on the ground in compliance with the code using rated
1171 stands, platforms, curbs, slabs, or other means are deemed to
1172 comply with the wind resistance requirements of the 2007 Florida
1173 Building Code, as amended. Further support or enclosure of such
1174 mechanical equipment or appliances is not required by a state or
1175 local official having authority to enforce the Florida Building
1176 Code. This subsection expires on the effective date of the 2013
1177 2010 Florida Building Code.
1178 Section 14. Subsection (15) is added to section 633.0215,
1179 Florida Statutes, to read:
1180 633.0215 Florida Fire Prevention Code.—
1181 (15) The Legislature finds that the electronic filing of
1182 construction plans will increase governmental efficiency, reduce
1183 costs, and increase timeliness of processing permits. If the
1184 fire code administrator or fire official provides for electronic
1185 filing, any construction plans, drawings, specifications,
1186 reports, final documents, or documents prepared or issued by a
1187 licensee may be dated and electronically signed and sealed by
1188 the licensee in accordance with part I of chapter 668, and may
1189 be transmitted electronically to the fire code administrator or
1190 fire official for approval.
1191 Section 15. Paragraph (b) of subsection (6) of section
1192 713.135, Florida Statutes, is amended, and paragraph (d) is
1193 added to that subsection, to read:
1194 713.135 Notice of commencement and applicability of lien.—
1195 (6)
1196 (b)1. Consistent with the requirements of paragraph (a), an
1197 authority responsible for issuing building permits under this
1198 section may accept a building permit application in an
1199 electronic format, as prescribed by the authority. Building
1200 permit applications submitted to the authority electronically
1201 must contain the following additional statement in lieu of the
1202 requirement in paragraph (a) that a signed, sworn, and notarized
1203 signature of the owner or agent and the contractor be part of
1204 the owner’s affidavit:
1205
1206 OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty
1207 of perjury, I declare that all the information
1208 contained in this building permit application is true
1209 and correct.
1210
1211 2. An owner or contractor is not required to personally
1212 appear and provide a notarized signature when filing a building
1213 permit application for a solar project as described in s.
1214 489.103(7)(a)3. if the building permit application is
1215 electronically submitted to the permitting authority and the
1216 owner or contractor certifies that the application is consistent
1217 with this paragraph using the permitting authority’s electronic
1218 confirmation system.
1219 (d) An authority responsible for issuing building permits
1220 which accepts building permit applications in an electronic
1221 format for solar projects, as defined in subparagraph (b)2., is
1222 not liable in any civil action for any inaccurate information
1223 submitted by an owner or contractor using the authority’s
1224 electronic confirmation system.
1225 Section 16. The Florida Building Commission shall establish
1226 a workgroup to assist the commission in developing a rule for
1227 implementing an alternative design method for screen enclosures
1228 which allows for the removal of a section of the screen to
1229 accommodate high-wind events consistent with the provisions of
1230 the Florida Building Code.
1231 (1) The workgroup shall be comprised of the following
1232 representatives:
1233 (a) Two members who represent the screen enclosure
1234 manufacturing industry;
1235 (b) Two members who represent the aluminum contractors
1236 industry;
1237 (c) One member who represents the Florida Home Builders
1238 Association;
1239 (d) One member who represents the Florida Swimming Pool
1240 Association;
1241 (e) Three members who represent the Building Officials
1242 Association of Florida;
1243 (f) One member who represents the building products
1244 industry; and
1245 (g) One member who is employed as a structural engineer.
1246 (2) The workgroup shall address the following factors to be
1247 included in the rule:
1248 (a) An alternative design method for a screen enclosure
1249 that is site-specific engineered;
1250 (b) A screen enclosure design using the alternative method
1251 that serves as a barrier that is required for a swimming pool
1252 and remains in place at the minimum height required for the
1253 barrier;
1254 (c) A screen enclosure design using clear, highly visible
1255 labels for panels that can be cut, retracted, or removed when
1256 winds are forecasted to exceed 75 mph;
1257 (d) A design for a screen that can be removed, cut, or
1258 retracted without the use of a ladder or scaffolding;
1259 (e) A requirement that the contractor provide replacement
1260 screen at the initial point of sale to repair the screen
1261 enclosure for designs that require cutting; and
1262 (f) An alternative design for a screen enclosure that
1263 requires the contractor to provide notice to the homeowner and
1264 the local building department that the homeowner must cut,
1265 retract, or remove a panel or panels of the screen enclosure in
1266 accordance with engineering or manufacturer’s instructions when
1267 wind speeds are expected to exceed 75 mph.
1268 (3) The Florida Building Commission shall appoint the
1269 workgroup no later than August 1, 2012, complete the draft rule
1270 by November 1, 2012, and adopt the rule by January 1, 2013. The
1271 Florida Building Commission shall incorporate the alternative
1272 screen enclosure design method requirements into the next
1273 version of the Florida Building Code. This section expires upon
1274 adoption and implementation of the requirements into the Florida
1275 Building Code.
1276 Section 17. This act shall take effect July 1, 2012.
