Bill Text: FL S1312 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Construction
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S1312 Detail]
Download: Florida-2017-S1312-Comm_Sub.html
Bill Title: Construction
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S1312 Detail]
Download: Florida-2017-S1312-Comm_Sub.html
Florida Senate - 2017 CS for SB 1312
By the Committee on Community Affairs; and Senator Perry
578-03983-17 20171312c1
1 A bill to be entitled
2 An act relating to construction; amending s. 377.705,
3 F.S.; revising legislative findings and intent;
4 authorizing solar energy systems manufactured or sold
5 in the state to be certified by professional
6 engineers; amending s. 471.033, F.S.; prohibiting
7 professional engineers from contracting with customers
8 without disclosing whether they maintain certain
9 insurance; amending s. 489.103, F.S.; revising an
10 exemption from construction contracting regulation for
11 certain public utilities; deleting responsibility of
12 the Construction Industry Licensing Board to define
13 the term “incidental to their business” for certain
14 purposes; amending s. 489.113, F.S.; providing that
15 specified pool/spa contractors are not required to
16 subcontract certain work relating to power wiring;
17 requiring such contractors to subcontract all work
18 requiring the installation, removal, replacement, or
19 upgrading of a circuit breaker; providing
20 applicability; amending s. 553.721, F.S.; requiring
21 the Department of Business and Professional Regulation
22 to provide certain funds allocated to the University
23 of Florida M. E. Rinker, Sr., School of Construction
24 Management for specified purposes; amending s. 553.73,
25 F.S.; requiring the Florida Building Commission to use
26 certain entities and codes for updates to the Florida
27 Building Code; revising voting requirements for a
28 technical advisory committee to make a favorable
29 recommendation to the commission; providing that
30 certain technical amendments to the Florida Building
31 Code which are adopted by a local government are not
32 rendered void when the code is updated; specifying
33 that such amendments are subject to review or
34 modification if carried forward into the next edition
35 of the code; requiring the commission to update the
36 Florida Building Code through a review of the most
37 current updates of specified codes; requiring the
38 commission to adopt specified provisions from certain
39 codes; deleting provisions limiting how long an
40 amendment or modification is effective; deleting a
41 provision requiring certain amendments or
42 modifications to be carried forward into the next
43 edition of the code, subject to certain conditions;
44 deleting certain requirements for the resubmission of
45 expired amendments; deleting a provision prohibiting a
46 proposed amendment from being included in the code if
47 it has been addressed in the international code;
48 conforming provisions to changes made by the act;
49 prohibiting the commission from adopting certain
50 provisions into the Florida Building Code; amending s.
51 553.76, F.S.; requiring the commission to adopt the
52 Florida Building Code, and amendments thereto, by a
53 minimum percentage of votes; amending s. 553.79, F.S.;
54 prohibiting a political subdivision from adopting or
55 enforcing certain building permits or other
56 development order requirements; providing
57 construction; providing for preemption of certain
58 local laws and regulations; providing for retroactive
59 applicability; amending s. 553.791, F.S.; providing
60 legislative intent; requiring local jurisdictions to
61 reduce certain permit fees; amending s. 553.80, F.S.;
62 prohibiting local enforcement agencies, independent
63 districts, and special districts from charging certain
64 fees; creating s. 553.9081, F.S.; requiring the
65 Florida Building Commission to amend certain
66 provisions of the Florida Building Code; amending s.
67 633.208, F.S.; prohibiting a county, municipality,
68 special taxing district, public utility, or private
69 utility from requiring a separate water connection or
70 charging a specified water or sewage rate under
71 certain conditions; prohibiting a local government
72 from requiring a permit for painting a residence;
73 requiring the Department of Education to develop a
74 plan for specified purposes; requiring the department
75 to provide the plan to the Construction Industry
76 Workforce Task Force by a specified date; requiring
77 CareerSource Florida, Inc., to develop a plan for
78 specified purposes; requiring CareerSource Florida,
79 Inc., to provide the plan to the Construction Industry
80 Workforce Task Force by a specified date; requiring
81 the Florida Building Commission to amend specified
82 provisions of the Florida Building Code related to
83 door components; providing an effective date.
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. Section 377.705, Florida Statutes, is amended to
88 read:
89 377.705 Solar Energy Center; development of solar energy
90 standards.—
91 (1) SHORT TITLE.—This act shall be known and may be cited
92 as the Solar Energy Standards Act of 1976.
93 (2) LEGISLATIVE FINDINGS AND INTENT.—
94 (a) Because of increases in the cost of conventional fuel,
95 certain applications of solar energy are becoming competitive,
96 particularly when life-cycle costs are considered. It is the
97 intent of the Legislature in formulating a sound and balanced
98 energy policy for the state to encourage the development of an
99 alternative energy capability in the form of incident solar
100 energy.
101 (b) Toward this purpose, The Legislature intends to provide
102 incentives for the production and sale of, and to set standards
103 for, solar energy systems. Such standards shall ensure that
104 solar energy systems manufactured or sold within the state are
105 effective and represent a high level of quality of materials,
106 workmanship, and design.
107 (3) DEFINITIONS.—As used in this section, the term:
108 (a) “Center” means is defined as the Florida Solar Energy
109 Center of the Board of Governors.
110 (b) “Solar energy systems” means is defined as equipment
111 which provides for the collection and use of incident solar
112 energy for water heating, space heating or cooling, or other
113 applications which normally require or would require a
114 conventional source of energy such as petroleum products,
115 natural gas, or electricity and which performs primarily with
116 solar energy. In such other systems in which solar energy is
117 used in a supplemental way, only those components which collect
118 and transfer solar energy shall be included in this definition.
119 (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
120 DISCLOSURE, SET TESTING FEES.—
121 (a) The center shall develop and adopt promulgate standards
122 for solar energy systems manufactured or sold in this state
123 based on the best currently available information and shall
124 consult with scientists, engineers, or persons in research
125 centers who are engaged in the construction of, experimentation
126 with, and research of solar energy systems to properly identify
127 the most reliable designs and types of solar energy systems.
128 (b) The center shall establish criteria for testing
129 performance of solar energy systems and shall maintain the
130 necessary capability for testing or evaluating performance of
131 solar energy systems. The center may accept results of tests on
132 solar energy systems made by other organizations, companies, or
133 persons if when such tests are conducted according to the
134 criteria established by the center and if when the testing
135 entity does not have a has no vested interest in the
136 manufacture, distribution, or sale of solar energy systems.
137 (c) The center shall be entitled to receive a testing fee
138 sufficient to cover the costs of such testing. All testing fees
139 shall be transmitted by the center to the Chief Financial
140 Officer to be deposited in the Solar Energy Center Testing Trust
141 Fund, which is hereby created in the State Treasury, and
142 disbursed for the payment of expenses incurred in testing solar
143 energy systems.
144 (d) All solar energy systems manufactured or sold in the
145 state must meet the standards established by the center and
146 shall display accepted results of approved performance tests in
147 a manner prescribed by the center, unless otherwise certified by
148 an engineer licensed pursuant to chapter 471 using the standards
149 contained in the most recent version of the Florida Building
150 Code.
151 Section 2. Paragraph (m) is added to subsection (1) of
152 section 471.033, Florida Statutes, to read:
153 471.033 Disciplinary proceedings.—
154 (1) The following acts constitute grounds for which the
155 disciplinary actions in subsection (3) may be taken:
156 (m) Failing to disclose to a customer before contracting
157 for engineering service whether the licensee maintains
158 professional liability insurance and the policy limits if the
159 licensee does maintain such insurance.
160 Section 3. Subsection (5) of section 489.103, Florida
161 Statutes, is amended to read:
162 489.103 Exemptions.—This part does not apply to:
163 (5) Public utilities, including municipal gas utilities and
164 special gas districts as defined in chapter 189,
165 telecommunications companies as defined in s. 364.02(13), and
166 natural gas transmission companies as defined in s. 368.103(4),
167 on construction, maintenance, and development work performed by
168 their employees, which work, including, but not limited to, work
169 on bridges, roads, streets, highways, or railroads, is
170 incidental to their business. The board shall define, by rule,
171 the term “incidental to their business” for purposes of this
172 subsection.
173 Section 4. Paragraph (h) is added to subsection (3) of
174 section 489.113, Florida Statutes, to read:
175 489.113 Qualifications for practice; restrictions.—
176 (3) A contractor shall subcontract all electrical,
177 mechanical, plumbing, roofing, sheet metal, swimming pool, and
178 air-conditioning work, unless such contractor holds a state
179 certificate or registration in the respective trade category,
180 however:
181 (h) A pool/spa contractor, as defined in s. 489.105(3)(j),
182 (k), or (l), is not required to subcontract electrical work for
183 the installation, replacement, disconnection, or reconnection of
184 power wiring on the load side of the dedicated existing
185 electrical disconnecting means, but is required to subcontract
186 all electrical work that requires installation, removal,
187 replacement, or upgrading of a circuit breaker. This paragraph
188 does not apply to other contractor classifications or
189 professions.
190 Section 5. Section 553.721, Florida Statutes, is amended to
191 read:
192 553.721 Surcharge.—In order for the Department of Business
193 and Professional Regulation to administer and carry out the
194 purposes of this part and related activities, there is created a
195 surcharge, to be assessed at the rate of 1.5 percent of the
196 permit fees associated with enforcement of the Florida Building
197 Code as defined by the uniform account criteria and specifically
198 the uniform account code for building permits adopted for local
199 government financial reporting pursuant to s. 218.32. The
200 minimum amount collected on any permit issued shall be $2. The
201 unit of government responsible for collecting a permit fee
202 pursuant to s. 125.56(4) or s. 166.201 shall collect the
203 surcharge and electronically remit the funds collected to the
204 department on a quarterly calendar basis for the preceding
205 quarter and continuing each third month thereafter. The unit of
206 government shall retain 10 percent of the surcharge collected to
207 fund the participation of building departments in the national
208 and state building code adoption processes and to provide
209 education related to enforcement of the Florida Building Code.
210 All funds remitted to the department pursuant to this section
211 shall be deposited in the Professional Regulation Trust Fund.
212 Funds collected from the surcharge shall be allocated to fund
213 the Florida Building Commission and the Florida Building Code
214 Compliance and Mitigation Program under s. 553.841. Funds
215 allocated to the Florida Building Code Compliance and Mitigation
216 Program shall be $925,000 each fiscal year. The Florida Building
217 Code Compliance and Mitigation Program shall fund the
218 recommendations made by the Building Code System Uniform
219 Implementation Evaluation Workgroup, dated April 8, 2013, from
220 existing resources, not to exceed $30,000 in the 2016-2017
221 fiscal year. The department shall provide $150,000 for the 2017
222 2018 fiscal year from surcharge funds available to the
223 University of Florida M. E. Rinker, Sr., School of Construction
224 Management for the continuation of the Construction Industry
225 Workforce Task Force. Funds collected from the surcharge shall
226 also be used to fund Florida Fire Prevention Code informal
227 interpretations managed by the State Fire Marshal and shall be
228 limited to $15,000 each fiscal year. The State Fire Marshal
229 shall adopt rules to address the implementation and expenditure
230 of the funds allocated to fund the Florida Fire Prevention Code
231 informal interpretations under this section. The funds collected
232 from the surcharge may not be used to fund research on
233 techniques for mitigation of radon in existing buildings. Funds
234 used by the department as well as funds to be transferred to the
235 Department of Health and the State Fire Marshal shall be as
236 prescribed in the annual General Appropriations Act. The
237 department shall adopt rules governing the collection and
238 remittance of surcharges pursuant to chapter 120.
239 Section 6. Subsection (3) of section 553.73, Florida
240 Statutes, is amended, paragraph (d) is added to subsection (4)
241 of that section, subsections (7) and (8) and paragraphs (a) and
242 (b) of subsection (9) of that section are amended, and
243 subsection (20) is added to that section, to read:
244 553.73 Florida Building Code.—
245 (3) The commission shall use the International Codes
246 published by the International Code Council, the National
247 Electric Code (NFPA 70), or other nationally adopted model codes
248 and standards for updates to needed to develop the base code in
249 Florida to form the foundation for the Florida Building Code.
250 The Florida Building commission may approve technical amendments
251 to the code as provided in, subject to subsections (8) and (9),
252 after the amendments have been subject to all of the following
253 conditions:
254 (a) The proposed amendment must have has been published on
255 the commission’s website for a minimum of 45 days and all the
256 associated documentation must have has been made available to
257 any interested party before any consideration by a technical
258 advisory committee.;
259 (b) In order for a technical advisory committee to make a
260 favorable recommendation to the commission, the proposal must
261 receive a two-thirds three-fourths vote of the members present
262 at the technical advisory committee meeting. and At least half
263 of the regular members must be present in order to conduct a
264 meeting.;
265 (c) After the technical advisory committee has considered
266 and recommended consideration and a recommendation for approval
267 of any proposed amendment, the proposal must be published on the
268 commission’s website for at least 45 days before any
269 consideration by the commission.; and
270 (d) A proposal may be modified by the commission based on
271 public testimony and evidence from a public hearing held in
272 accordance with chapter 120.
273
274 The commission shall incorporate within sections of the Florida
275 Building Code provisions that which address regional and local
276 concerns and variations. The commission shall make every effort
277 to minimize conflicts between the Florida Building Code, the
278 Florida Fire Prevention Code, and the Life Safety Code.
279 (4)
280 (d) A technical amendment to the Florida Building Code
281 related to water conservation practices or design criteria
282 adopted by a local government pursuant to this subsection is not
283 rendered void when the code is updated if the technical
284 amendment is necessary to protect or provide for more efficient
285 use of water resources as provided in s. 373.621. However, any
286 such technical amendment carried forward into the next edition
287 of the code pursuant to this paragraph is subject to review or
288 modification as provided in this part.
289 (7)(a) The commission, by rule adopted pursuant to ss.
290 120.536(1) and 120.54, shall adopt an updated update the Florida
291 Building Code every 3 years through review of. When updating the
292 Florida Building Code, the commission shall select the most
293 current updates version of the International Building Code, the
294 International Fuel Gas Code, the International Mechanical Code,
295 the International Plumbing Code, and the International
296 Residential Code, all of which are copyrighted and published by
297 adopted by the International Code Council, and the National
298 Electrical Code, which is copyrighted and published adopted by
299 the National Fire Protection Association. At a minimum, the
300 commission shall adopt any updates to such codes or any other
301 code necessary to maintain eligibility for federal funding from
302 the National Flood Insurance Program, the Federal Emergency
303 Management Agency, and the United States Department of Housing
304 and Urban Development, to form the foundation codes of the
305 updated Florida Building Code, if the version has been adopted
306 by the applicable model code entity. The commission shall also
307 review and adopt updates based substantially on select the most
308 current version of the International Energy Conservation Code
309 (IECC) as a foundation code; however, the IECC shall be modified
310 by the commission shall to maintain the efficiencies of the
311 Florida Energy Efficiency Code for Building Construction adopted
312 and amended pursuant to s. 553.901. The commission shall adopt
313 updated codes by rule.
314 (b) Codes regarding noise contour lines shall be reviewed
315 annually, and the most current federal guidelines shall be
316 adopted.
317 (c) The commission may adopt as a technical amendment to
318 the Florida Building Code modify any portion of the foundation
319 codes identified in paragraph (a), but only as needed to
320 accommodate the specific needs of this state. Standards or
321 criteria adopted from these referenced by the codes shall be
322 incorporated by reference to the specific provisions adopted. If
323 a referenced standard or criterion requires amplification or
324 modification to be appropriate for use in this state, only the
325 amplification or modification shall be set forth in the Florida
326 Building Code. The commission may approve technical amendments
327 to the updated Florida Building Code after the amendments have
328 been subject to the conditions set forth in paragraphs (3)(a)
329 (d). Amendments that to the foundation codes which are adopted
330 in accordance with this subsection shall be clearly marked in
331 printed versions of the Florida Building Code so that the fact
332 that the provisions are Florida-specific amendments to the
333 foundation codes is readily apparent.
334 (d) The commission shall further consider the commission’s
335 own interpretations, declaratory statements, appellate
336 decisions, and approved statewide and local technical amendments
337 and shall incorporate such interpretations, statements,
338 decisions, and amendments into the updated Florida Building Code
339 only to the extent that they are needed to modify the foundation
340 codes to accommodate the specific needs of the state. A change
341 made by an institute or standards organization to any standard
342 or criterion that is adopted by reference in the Florida
343 Building Code does not become effective statewide until it has
344 been adopted by the commission. Furthermore, the edition of the
345 Florida Building Code which is in effect on the date of
346 application for any permit authorized by the code governs the
347 permitted work for the life of the permit and any extension
348 granted to the permit.
349 (e) A rule updating the Florida Building Code in accordance
350 with this subsection shall take effect no sooner than 6 months
351 after publication of the updated code. Any amendment to the
352 Florida Building Code which is adopted upon a finding by the
353 commission that the amendment is necessary to protect the public
354 from immediate threat of harm takes effect immediately.
355 (f) Provisions of the Florida Building Code foundation
356 codes, including those contained in referenced standards and
357 criteria, relating to wind resistance or the prevention of water
358 intrusion may not be modified to diminish those construction
359 requirements; however, the commission may, subject to conditions
360 in this subsection, modify the provisions to enhance those
361 construction requirements.
362 (g) Amendments or modifications to the foundation code
363 pursuant to this subsection shall remain effective only until
364 the effective date of a new edition of the Florida Building Code
365 every third year. Amendments or modifications related to state
366 agency regulations which are adopted and integrated into an
367 edition of the Florida Building Code shall be carried forward
368 into the next edition of the code, subject to modification as
369 provided in this part. Amendments or modifications related to
370 the wind-resistance design of buildings and structures within
371 the high-velocity hurricane zone of Miami-Dade and Broward
372 Counties which are adopted to an edition of the Florida Building
373 Code do not expire and shall be carried forward into the next
374 edition of the code, subject to review or modification as
375 provided in this part. If amendments that expire pursuant to
376 this paragraph are resubmitted through the Florida Building
377 commission code adoption process, the amendments must
378 specifically address whether:
379 1. The provisions contained in the proposed amendment are
380 addressed in the applicable international code.
381 2. The amendment demonstrates by evidence or data that the
382 geographical jurisdiction of Florida exhibits a need to
383 strengthen the foundation code beyond the needs or regional
384 variations addressed by the foundation code, and why the
385 proposed amendment applies to this state.
386 3. The proposed amendment was submitted or attempted to be
387 included in the foundation codes to avoid resubmission to the
388 Florida Building Code amendment process.
389
390 If the proposed amendment has been addressed in the
391 international code in a substantially equivalent manner, the
392 Florida Building commission may not include the proposed
393 amendment in the foundation Code.
394 (8) Notwithstanding the provisions of subsection (3) or
395 subsection (7), the commission may address issues identified in
396 this subsection by amending the code pursuant only to the rule
397 adoption procedures contained in chapter 120. Provisions of The
398 Florida Building Code, including provisions those contained in
399 referenced standards and criteria which relate, relating to wind
400 resistance or the prevention of water intrusion, may not be
401 amended pursuant to this subsection to diminish those standards
402 construction requirements; however, the commission may, subject
403 to conditions in this subsection, amend the Florida Building
404 Code the provisions to enhance such standards those construction
405 requirements. Following the approval of any amendments to the
406 Florida Building Code by the commission and publication of the
407 amendments on the commission’s website, authorities having
408 jurisdiction to enforce the Florida Building Code may enforce
409 the amendments. The commission may approve amendments that are
410 needed to address:
411 (a) Conflicts within the updated code;
412 (b) Conflicts between the updated code and the Florida Fire
413 Prevention Code adopted pursuant to chapter 633;
414 (c) Unintended results from the integration of previously
415 adopted Florida-specific amendments with the model code;
416 (d) Equivalency of standards;
417 (e) Changes to or inconsistencies with federal or state
418 law; or
419 (f) Adoption of an updated edition of the National
420 Electrical Code if the commission finds that delay of
421 implementing the updated edition causes undue hardship to
422 stakeholders or otherwise threatens the public health, safety,
423 and welfare.
424 (9)(a) The commission may approve technical amendments to
425 the Florida Building Code once each year for statewide or
426 regional application upon a finding that the amendment:
427 1. Is needed in order to accommodate the specific needs of
428 this state.
429 2. Has a reasonable and substantial connection with the
430 health, safety, and welfare of the general public.
431 3. Strengthens or improves the Florida Building Code, or in
432 the case of innovation or new technology, will provide
433 equivalent or better products or methods or systems of
434 construction.
435 4. Does not discriminate against materials, products,
436 methods, or systems of construction of demonstrated
437 capabilities.
438 5. Does not degrade the effectiveness of the Florida
439 Building Code.
440
441 The Florida Building Commission may approve technical amendments
442 to the code once each year to incorporate into the Florida
443 Building Code its own interpretations of the code which are
444 embodied in its opinions, final orders, declaratory statements,
445 and interpretations of hearing officer panels under s.
446 553.775(3)(c), but only to the extent that the incorporation of
447 interpretations is needed to modify the code foundation codes to
448 accommodate the specific needs of this state. Amendments
449 approved under this paragraph shall be adopted by rule after the
450 amendments have been subjected to subsection (3).
451 (b) A proposed amendment must include a fiscal impact
452 statement that documents the costs and benefits of the proposed
453 amendment. Criteria for the fiscal impact statement shall be
454 established by rule by the commission and shall include the
455 impact to local government relative to enforcement, the impact
456 to property and building owners, and the impact to industry,
457 relative to the cost of compliance. The amendment must
458 demonstrate by evidence or data that the state’s geographical
459 jurisdiction exhibits a need to strengthen the foundation code
460 beyond the needs or regional variations addressed by the
461 foundation code and why the proposed amendment applies to this
462 state.
463 (20) The Florida Building Commission may not:
464 (a) Adopt the 2016 version of the American Society of
465 Heating, Refrigerating and Air-Conditioning Engineers Standard
466 9.4.1.1(g).
467 (b) Adopt any provision that requires a door located in the
468 opening between a garage and a residence to be equipped with a
469 self-closing device.
470 Section 7. Subsection (2) of section 553.76, Florida
471 Statutes, is amended to read:
472 553.76 General powers of the commission.—The commission is
473 authorized to:
474 (2) Issue memoranda of procedure for its internal
475 management and control. The commission may adopt rules related
476 to its consensus-based decisionmaking process, including, but
477 not limited to, super majority voting requirements for
478 commission actions relating to the adoption of the Florida
479 Building Code or amendments to the code. However, the commission
480 must adopt the Florida Building Code, and amendments thereto, by
481 at least a two-thirds vote of the members present at a meeting.
482 Section 8. Subsection (20) is added to section 553.79,
483 Florida Statutes, to read:
484 553.79 Permits; applications; issuance; inspections.—
485 (20) A political subdivision of this state may not adopt or
486 enforce any ordinance or impose any building permit or other
487 development order requirement that:
488 (a)1. Contains any building, construction, or aesthetic
489 requirement or condition that conflicts with or impairs
490 corporate trademarks, service marks, trade dress, logos, color
491 patterns, design scheme insignia, image standards, or other
492 features of corporate branding identity on real property or
493 improvements thereon used in activities conducted under chapter
494 526 or in carrying out business activities defined as a
495 franchise by Federal Trade Commission regulations in 16 C.F.R.
496 ss. 436.1, et. seq.; or
497 2. Imposes any requirement on the design, construction, or
498 location of signage advertising the retail price of gasoline in
499 accordance with the requirements of ss. 526.111 and 526.121
500 which prevents the signage from being clearly visible and
501 legible to drivers of approaching motor vehicles in any lane of
502 traffic in either direction on a roadway abutting the gas
503 station premises and which meets height, width, and spacing
504 standards for Series C, D, or E signs, as applicable, published
505 in the latest edition of Standard Alphabets for Highway Signs
506 and Pavement Markings published by the Federal Highway
507 Administration, Office of Traffic Operations.
508 (b) This subsection does not affect any requirement for
509 design and construction in the Florida Building Code.
510 (c) All such ordinances and requirements are hereby
511 preempted and superseded by general law. This subsection shall
512 apply retroactively.
513 Section 9. Subsection (2) of section 553.791, Florida
514 Statutes, is amended to read:
515 553.791 Alternative plans review and inspection.—
516 (2)(a) Notwithstanding any other law or local government
517 ordinance or local policy, the fee owner of a building or
518 structure, or the fee owner’s contractor upon written
519 authorization from the fee owner, may choose to use a private
520 provider to provide building code inspection services with
521 regard to such building or structure and may make payment
522 directly to the private provider for the provision of such
523 services. All such services shall be the subject of a written
524 contract between the private provider, or the private provider’s
525 firm, and the fee owner or the fee owner’s contractor, upon
526 written authorization of the fee owner. The fee owner may elect
527 to use a private provider to provide plans review or required
528 building inspections, or both. However, if the fee owner or the
529 fee owner’s contractor uses a private provider to provide plans
530 review, the local building official, in his or her discretion
531 and pursuant to duly adopted policies of the local enforcement
532 agency, may require the fee owner or the fee owner’s contractor
533 to use a private provider to also provide required building
534 inspections.
535 (b) It is the intent of the Legislature that owners and
536 contractors not be required to pay extra costs related to
537 building permitting requirements when hiring a private provider
538 for plans reviews and building inspections. A local jurisdiction
539 must calculate the cost savings to the local enforcement agency,
540 based on a fee owner or contractor hiring a private provider to
541 perform plans reviews and building inspections in lieu of the
542 local building official, and reduce the permit fees accordingly.
543 Section 10. Paragraph (d) of subsection (7) of section
544 553.80, Florida Statutes, is amended to read:
545 553.80 Enforcement.—
546 (7) The governing bodies of local governments may provide a
547 schedule of reasonable fees, as authorized by s. 125.56(2) or s.
548 166.222 and this section, for enforcing this part. These fees,
549 and any fines or investment earnings related to the fees, shall
550 be used solely for carrying out the local government’s
551 responsibilities in enforcing the Florida Building Code. When
552 providing a schedule of reasonable fees, the total estimated
553 annual revenue derived from fees, and the fines and investment
554 earnings related to the fees, may not exceed the total estimated
555 annual costs of allowable activities. Any unexpended balances
556 shall be carried forward to future years for allowable
557 activities or shall be refunded at the discretion of the local
558 government. The basis for a fee structure for allowable
559 activities shall relate to the level of service provided by the
560 local government and shall include consideration for refunding
561 fees due to reduced services based on services provided as
562 prescribed by s. 553.791, but not provided by the local
563 government. Fees charged shall be consistently applied.
564 (d) The local enforcement agency, independent district, or
565 special district may not require at any time, including at the
566 time of application for a permit, the payment of any additional
567 fees, charges, or expenses associated with:
568 1. Providing proof of licensure pursuant to chapter 489;
569 2. Recording or filing a license issued pursuant to this
570 chapter; or
571 3. Providing, recording, or filing evidence of workers’
572 compensation insurance coverage as required by chapter 440.
573 Section 11. Section 553.9081, Florida Statutes, is created
574 to read:
575 553.9081 Florida Building Code; required amendments.—The
576 Florida Building Commission shall amend the Florida Building
577 Code-Energy Conservation to:
578 (1)(a) Eliminate duplicative commissioning reporting
579 requirements for HVAC and electrical systems; and
580 (b) Authorize commissioning reports to be provided by a
581 licensed design professional, electrical engineer, or mechanical
582 engineer.
583 (2) Prohibit the adoption of American Society of Heating,
584 Refrigerating and Air-Conditioning Engineers Standard
585 9.4.1.1(g).
586 Section 12. Subsection (8) of section 633.208, Florida
587 Statutes, is amended to read:
588 633.208 Minimum firesafety standards.—
589 (8)(a) The provisions of the Life Safety Code, as contained
590 in the Florida Fire Prevention Code, do not apply to one-family
591 and two-family dwellings. However, fire sprinkler protection may
592 be permitted by local government in lieu of other fire
593 protection-related development requirements for such structures.
594 While local governments may adopt fire sprinkler requirements
595 for one-family one- and two-family dwellings under this
596 subsection, it is the intent of the Legislature that the
597 economic consequences of the fire sprinkler mandate on home
598 owners be studied before the enactment of such a requirement.
599 After the effective date of this act, any local government that
600 desires to adopt a fire sprinkler requirement on one-family one-
601 or two-family dwellings must prepare an economic cost and
602 benefit report that analyzes the application of fire sprinklers
603 to one-family one- or two-family dwellings or any proposed
604 residential subdivision. The report must consider the tradeoffs
605 and specific cost savings and benefits of fire sprinklers for
606 future owners of property. The report must include an assessment
607 of the cost savings from any reduced or eliminated impact fees
608 if applicable, the reduction in special fire district tax,
609 insurance fees, and other taxes or fees imposed, and the waiver
610 of certain infrastructure requirements including the reduction
611 of roadway widths, the reduction of water line sizes, increased
612 fire hydrant spacing, increased dead-end roadway length, and a
613 reduction in cul-de-sac sizes relative to the costs from fire
614 sprinkling. A failure to prepare an economic report shall result
615 in the invalidation of the fire sprinkler requirement to any
616 one-family one- or two-family dwelling or any proposed
617 subdivision. In addition, a local jurisdiction or utility may
618 not charge any additional fee, above what is charged to a non
619 fire sprinklered dwelling, on the basis that a one-family one-
620 or two-family dwelling unit is protected by a fire sprinkler
621 system.
622 (b)1. A county, municipality, special taxing district,
623 public utility, or private utility may not require a separate
624 water connection for a one-family or two-family dwelling fire
625 sprinkler system if the hydraulic design has proven the existing
626 connection is capable of supplying the needed hydraulic demand.
627 2. A county, municipality, special district, public
628 utility, or private utility may not charge a water or sewer rate
629 to a one-family or two-family dwelling that requires a larger
630 water meter solely due to the installation of fire sprinklers
631 above that which is charged to a one-family and two-family
632 dwelling with a base meter. If the installation of fire
633 sprinklers in a one-family or two-family dwelling requires the
634 installation of a larger water meter, only the difference in
635 actual cost between the base water meter and the larger water
636 meter may be charged by the water utility provider.
637 Section 13. A local government may not require an owner of
638 a residence to obtain a permit to paint such residence,
639 regardless of whether the residence is owned by a limited
640 liability company.
641 Section 14. The Department of Education, in conjunction
642 with the Department of Economic Opportunity, shall develop a
643 plan to implement the recommendations of the Construction
644 Industry Workforce Task Force Report dated January 20, 2017. The
645 Department of Education shall provide the plan to the
646 Construction Industry Workforce Task Force on or before July 1,
647 2018.
648 Section 15. CareerSource Florida, Inc., shall develop and
649 submit a plan to the Construction Industry Workforce Task Force
650 on the potential opportunities for training programs to
651 implement the recommendations of the Construction Industry
652 Workforce Task Force Report dated January 20, 2017, using
653 existing federal funds awarded to the corporation and using the
654 previous statewide Florida ReBuilds program as an implementation
655 model for such programs. CareerSource Florida, Inc., shall
656 provide the plan to the Construction Industry Workforce Task
657 Force on or before July 1, 2018.
658 Section 16. The Florida Building Commission shall adopt an
659 amendment to the Florida Building Code-Residential, relating to
660 door components, to provide that, regarding substitution of door
661 components, such components must either:
662 (1) Comply with ANSI/WMA 100; or
663 (2) Be evaluated by an approved product evaluation entity,
664 certification agency, testing laboratory, or engineer and may be
665 interchangeable in exterior door assemblies if the components
666 provide equal or greater structural performance as demonstrated
667 by accepted engineering practices.
668 Section 17. This act shall take effect July 1, 2017.
