2019 S00447 353614


1 Florida Senate SENATOR AMENDMENT - 2019 HB 447, 1st Eng. Bill No. CS/CS/ Ì353614ÂÎ 353614 LEGISLATIVE ACTION House Senate . . . Floor: 1/AE/3R . Floor: C 05/03/2019 10:25 AM . 05/03/2019 03:59 PM . moved the following: Senator Gibson ) amendment with title 1 Senate Amendment ( 2 - Delete lines 3 409 460 4 and insert: Section 6. 5 Effective July 1, 2020, paragraphs (a) and (c) of subsection (7) of section 553.73, Florida Statutes, are 6 7 amended to read: 8 Florida Building Code. 553.73 — 9 The commission shall adopt an updated Florida (7)(a) 10 Building Code every 3 years through review of the most current 11 updates of the International Building Code, the International 1 Page of 8 19seg2 6 - 05465 - 5/3/2019 10:19:00 AM

2 Florida Senate 2019 - SENATOR AMENDMENT HB 447, 1st Eng. CS/CS/ Bill No. Ì353614ÂÎ 353614 Fuel Gas Code, International Existing Building Code, the 12 13 e, the International Plumbing Code, International Mechanical Cod 14 and the International Residential Code, all of which are 15 copyrighted and published by the International Code Council, and the National Electrical Code, which is copyrighted and published 16 by the National Fire Protection A ssociation. At a minimum, the 17 18 commission shall adopt any updates to such codes or any other code necessary to maintain eligibility for federal funding and 19 discounts from the National Flood Insurance Program, the Federal 20 United States Department of 21 Emergency Management Agency, and the 22 Housing and Urban Development. The commission shall also review and adopt updates based on the International Energy Conservation 23 24 Code (IECC); however, the commission shall maintain the 25 efficiencies of the Florida Energy Efficie ncy Code for Building Construction adopted and amended pursuant to s. 553.901. Every 3 26 years, the commission may approve updates to the Florida 27 28 Building Code without a finding that the updates are needed in order to accommodate the specific needs of this s The 29 tate. 30 commission shall adopt updated codes by rule. The commission may 31 adopt as a technical amendment also (c) 32 to the Florida Building Code any portion of the codes identified in paragraph (a), but only as needed to accommodate the specific 33 is state. Standards or criteria adopted from these 34 needs of th 35 codes shall be incorporated by reference to the specific provisions adopted. If a referenced standard or criterion 36 37 requires amplification or modification to be appropriate for use 38 mplification or modification shall be in this state, only the a 39 set forth in the Florida Building Code. The commission may 40 approve technical amendments to the updated Florida Building 2 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

3 - Florida Senate SENATOR AMENDMENT 2019 Bill No. CS/CS/ HB 447, 1st Eng. Ì353614ÂÎ 353614 Code after the amendments have been subject to the conditions 41 set forth in paragraphs (3)(a) - (d). Amendments that are adopted 42 in accordance with this subsection shall be clearly marked in 43 printed versions of the Florida Building Code so that the fact 44 45 that the provisions are amendments is readily apparent. Section 7. orida 46 Subsection (7) of section 553.80, Fl 47 Statutes, is amended to read: 553.80 Enforcement. — 48 49 The governing bodies of local governments may provide a (7) 50 schedule of reasonable fees, as authorized by s. 125.56(2) or s. 166.222 and this section, for enforcing this part. These fees, 51 and any fin es or investment earnings related to the fees, shall 52 53 be used solely for carrying out the local government’s responsibilities in enforcing the Florida Building Code. When 54 55 providing a schedule of reasonable fees, the total estimated annual revenue derived fr 56 om fees, and the fines and investment earnings related to the fees, may not exceed the total estimated 57 58 annual costs of allowable activities. Any unexpended balances 59 shall be carried forward to future years for allowable he discretion of the local activities or shall be refunded at t 60 61 A local government may not carry forward an amount government. 62 exceeding the average of its operating budget for enforcing the 63 Florida Building Code for the previous 4 fiscal years. For 64 ating budget” does purposes of this subsection, the term “oper not include reserve amounts. Any amount exceeding this limit 65 66 must be used as authorized in subparagraph (a)2. However, a 67 local government which established, as of January 1, 2019, a 68 five Building Inspections Fund Advisory Board consisting of members from the construction stakeholder community and carries 69 3 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

4 - Florida Senate SENATOR AMENDMENT 2019 CS/CS/ Bill No. HB 447, 1st Eng. 353614 Ì353614ÂÎ an unexpended balance in excess of the average of its operating 70 budget for the previous 4 fiscal years may continue to carry 71 such excess funds forward upon the recommendation of the 72 The basis for a fee structure for allowable ory board. advis 73 74 activities shall relate to the level of service provided by the local government and shall include consideration for refunding 75 76 fees due to reduced services based on services provided as 77 . 553.791, but not provided by the local prescribed by s government. Fees charged shall be consistently applied. 78 (a) 1. As used in this subsection, the phrase “enforcing the 79 Florida Building Code” includes the direct costs and reasonable 80 ew of building plans, 81 indirect costs associated with revi building inspections, reinspections, and building permit 82 processing; building code enforcement; and fire inspections 83 associated with new construction. The phrase may also include 84 training costs associated with the enforcement of the F lorida 85 Building Code and enforcement action pertaining to unlicensed 86 87 contractor activity to the extent not funded by other user fees. A local government must use any excess funds that it is 88 2. prohibited from carrying forward to rebate and reduce fees. 89 90 (b) The following activities may not be funded with fees adopted for enforcing the Florida Building Code: 91 1. 92 Planning and zoning or other general government activities. 93 94 Inspections of public buildings for a reduced fee or no 2. fee. 95 96 ests, community functions, Public information requ 3. 97 boards, and any program not directly related to enforcement of 98 the Florida Building Code. 4 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

5 Florida Senate SENATOR AMENDMENT - 2019 HB 447, 1st Eng. CS/CS/ Bill No. Ì353614ÂÎ 353614 99 Enforcement and implementation of any other local 4. ordinance, excluding validly adopted local amendments to the 100 excluding any local ordinance directly 101 Florida Building Code and 102 related to enforcing the Florida Building Code as defined in paragraph (a). 103 (c) 104 A local government shall use recognized management, 105 accounting, and oversight practices to ensure that fees, fines, 106 ngs generated under this subsection are and investment earni maintained and allocated or used solely for the purposes 107 108 described in paragraph (a). 109 The local enforcement agency, independent district, or (d) special district may not require at any time, including at the 110 pplication for a permit, the payment of any additional 111 time of a fees, charges, or expenses associated with: 112 113 1. Providing proof of licensure pursuant to chapter 489; 2. Recording or filing a license issued pursuant to this 114 chapter; or 115 116 ing evidence of workers’ Providing, recording, or fil 3. compensation insurance coverage as required by chapter 440 ; or 117 118 4. Charging surcharges or other similar fees not directly related to enforcing the Florida Building Code 119 . (e) 120 The governing body of a local government that issues ing permits may charge a person only one search fee, in an build 121 122 amount commensurate with the research and time costs incurred by 123 the governing body, for identifying building permits for each 124 unit or subunit assigned by the governing body to a particular tax par 125 cel identification number. 126 Paragraph (d) is added to subsection (1) of Section 8. 127 section 558.004, Florida Statutes, to read: 5 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

6 Florida Senate SENATOR AMENDMENT - 2019 HB 447, 1st Eng. CS/CS/ Bill No. Ì353614ÂÎ 353614 128 — Notice and opportunity to repair. 558.004 (1) 129 (d) 130 A notice of claim served pursuant to this chapter shall 131 not toll any statute of repose period under chapter 95. Section 440.103, Florida Statutes, is amended to Section 9. 132 read: 133 134 440.103 Building permits; identification of minimum premium 135 Every employer shall, as a condition to applying for and — policy. 136 w proof and certify to the receiving a building permit, sho 137 permit issuer that it has secured compensation for its employees under this chapter as provided in ss. 440.10 and 440.38. Such 138 proof of compensation must be evidenced by a certificate of 139 emption certificate 140 coverage issued by the carrier, a valid ex approved by the department, or a copy of the employer’s 141 authority to self - insure and shall be presented, electronically 142 or physically, each time the employer applies for a building 143 s. 553.79(20) the 144 , for s. 553.79(19) permit. As provided in purpose of inspection and record retention, site plans or 145 building permits may be maintained at the worksite in the 146 original form or in the form of an electronic copy. These plans 147 148 and permits must be open to inspection by the building official or a du 149 ly authorized representative, as required by the Florida 150 Building Code. As provided in s. 627.413(5), each certificate of 151 coverage must show, on its face, whether or not coverage is 152 secured under the minimum premium provisions of rules adopted by rating or 153 ganizations licensed pursuant to s. 627.221. The words 154 “minimum premium policy” or equivalent language shall be typed, 155 printed, stamped, or legibly handwritten. Section 10. 156 Except as otherwise expressly provided in this 6 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

7 - Florida Senate SENATOR AMENDMENT 2019 HB 447, 1st Eng. Bill No. CS/CS/ 353614 Ì353614ÂÎ act, this act shall take effect July 1, 2019. 157 158 ================= T I T L E A M E N D M E N T ================ 159 And the title is amended as follows: 160 161 - 2 Delete lines 33 162 and insert: An act relating to construction; amending s. 125.56, 163 164 otice to F.S.; authorizing counties to provide n certain persons under certain circumstances; 165 authorizing counties that issue building permits to 166 charge a person a single search fee for a certain 167 amount under certain circumstances; amending s. 168 166.222, F.S.; authorizing the governing bodies of 169 unicipalities to charge a person a single search fee m 170 for a certain amount under certain circumstances; 171 amending ss. 489.103 and 489.503, F.S.; providing 172 exemptions to certain contracting requirements; 173 revising forms for disclosure statements; amending s. 174 175 5 53.79, F.S.; authorizing a local government to provide notice to certain persons under certain 176 circumstances within a specified timeframe; 177 authorizing a property owner to close a permit under 178 179 certain circumstances; providing that a contractor is for work performed in certain 180 not liable circumstances; defining the term “close”; authorizing 181 182 a local enforcement agency to close a permit under certain circumstances; 183 prohibiting a local enforcement 184 agency from taking certain actions relating to 185 hat were applied for but not closed building permits t 7 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

8 Florida Senate - SENATOR AMENDMENT 2019 HB 447, 1st Eng. CS/CS/ Bill No. 353614 Ì353614ÂÎ 186 by a previous owner; providing that local enforcement agencies retain all rights and remedies against the 187 188 property owner and contractor listed on such a permit; amending s. 553.73, F.S.; authorizing the Florida 189 Building Commission to approve updates to the Florida 190 191 Building Code without certain findings under certain circumstances; amending s. 553.80, F.S.; prohibiting a 192 local government from carrying forward more than a 193 194 specified amount of unexpended revenue; defining the 195 term “operating budget”; providing an exception; revising requirements for the expenditure of certain 196 197 unexpended revenue; prohibiting certain entities from 198 requiring any additional fees, charges, or expenses associated with certain surcharges and fees; 199 au thorizing the governing body of a local government 200 201 to charge a person a single search fee for a certain amount under certain circumstances; amending s. 202 203 558.004, F.S.; specifying that certain notices of claim do not toll any statute of repose periods under 204 205 ch. 95, F.S.; amending s. 440.103, F.S.; conforming a 206 reference; providing effective dates. - cross 8 of 8 Page 5/3/2019 10:19:00 AM 19seg2 6 - 05465 -

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