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Florida Statute 399.02 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 399
ELEVATOR SAFETY
View Entire Chapter
F.S. 399.02
399.02 General requirements.—
(1) The Elevator Safety Technical Advisory Committee shall develop and submit to the Director of Hotels and Restaurants proposed revisions to the elevator safety code so that it is the same as or similar to the latest editions of ASME A17.1, ASME A17.3, and ASME A18.1.
(2) This chapter covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment and its associated parts and hoistways:
(a) Hoisting and lowering mechanisms equipped with a car or platform which move between two or more landings. This equipment includes, but is not limited to, elevators, platform lifts, and stairway chairlifts.
(b) Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, escalators and moving walks.
(c) Hoisting and lowering mechanisms equipped with a car which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, dumbwaiters, material lifts, and dumbwaiters with automatic-transfer devices.
(3) Equipment not covered by this chapter includes, but is not limited to:
(a) Personnel hoists and material hoists within the scope of ASME A10, as adopted by the Florida Building Code.
(b) Man lifts within the scope of ASME A90.1, as adopted by the Florida Building Code.
(c) Mobile scaffolds, towers, and platforms within the scope of ANSI A92, as adopted by the Florida Building Code.
(d) Powered platforms and equipment for exterior and interior maintenance within the scope of ASME A120.1, as adopted by the Florida Building Code.
(e) Conveyors and related equipment within the scope of ASME B20.1, as adopted by the Florida Building Code.
(f) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of ASME B30, as adopted by the Florida Building Code.
(g) Industrial trucks within the scope of ASME B56, as adopted by the Florida Building Code.
(h) Portable equipment, except for portable escalators that are covered by the Florida Building Code.
(i) Tiered or piling machines used to move materials to and from storage located and operating entirely within one story.
(j) Equipment for feeding or positioning materials at machine tools and printing presses.
(k) Skip or furnace hoists.
(l) Wharf ramps.
(m) Railroad car lifts or dumpers.
(n) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state.
(o) Automated people movers at airports.
(p) Elevators in television and radio towers.
(q) Hand-operated dumbwaiters.
(r) Sewage pump station lifts.
(s) Automobile parking lifts.
(t) Equipment covered in s. 1.1.2 of the Elevator Safety Code.
(u) Elevators, inclined stairway chairlifts, and inclined or vertical wheelchair lifts located in private residences.
(4) Each elevator shall have a serial number assigned by the department painted on or attached to the elevator car in plain view and also to the driving mechanism. This serial number shall be shown on all required certificates and permits.
(5)(a) The construction permitholder is responsible for the correction of violations and deficiencies until the elevator has been inspected and a certificate of operation has been issued by the department. The construction permitholder is responsible for all tests of new and altered equipment until the elevator has been inspected and a certificate of operation has been issued by the department.
(b) The elevator owner is responsible for the safe operation, proper maintenance, and inspection and correction of code deficiencies of the elevator after a certificate of operation has been issued by the department. The responsibilities of the elevator owner may be assigned by lease.
(6)(a) The department is empowered to carry out all of the provisions of this chapter relating to the inspection and regulation of elevators and to enforce the provisions of the Florida Building Code. The division shall adopt rules to administer this chapter.
(b) In order to perform its duties and responsibilities under this section, the division may enter and have reasonable access to all buildings and rooms or spaces in which an existing or newly installed conveyance and equipment are located.
(7) The Elevator Safety Technical Advisory Committee shall annually review the provisions of the Safety Code for Elevators and Escalators ASME A17.1, ASME A18.1, or other related model codes and amendments thereto, concurrent with the update of the Florida Building Code and recommend to the Florida Building Commission revisions to the Florida Building Code to maintain the protection of the public health, safety, and welfare.
(8) The division may grant variances for undue hardship pursuant to s. 120.542 and the rules adopted under this section. Such rules must include a process for requests for variances. The division may not grant a request for a variance unless it finds that the variance will not adversely affect the safety of the public.
(9) Updates to the Safety Code for Existing Elevators and Escalators, ASME A17.1 and A17.3, which require Phase II Firefighters’ Service on elevators may not be enforced until the elevator is replaced or requires major modification on elevators in condominiums or multifamily residential buildings, including those that are part of a continuing care facility licensed under chapter 651, or similar retirement community with apartments, having a certificate of occupancy by the local building authority that was issued before July 1, 2008. This exception does not prevent an elevator owner from requesting a variance from the applicable codes. This subsection does not prohibit the division from granting variances pursuant to s. 120.542 and subsection (8). The division shall adopt rules to administer this subsection.
History.—s. 2, ch. 24096, 1947; s. 2, ch. 57-227; ss. 16, 35, ch. 69-106; ss. 2, 3, 4, ch. 71-228; s. 1, ch. 74-17; s. 4, ch. 77-109; s. 3, ch. 78-235; s. 2, ch. 81-120; s. 2, ch. 81-318; ss. 2, 16, 17, ch. 83-145; s. 2, ch. 90-73; ss. 2, 8, ch. 93-16; s. 224, ch. 96-406; s. 24, ch. 2000-141; ss. 7, 34, ch. 2001-186; s. 3, ch. 2001-372; s. 4, ch. 2002-293; s. 7, ch. 2002-299; s. 2, ch. 2010-110; s. 1, ch. 2010-174; s. 2, ch. 2010-176; s. 1, ch. 2013-188.

F.S. 399.02 on Google Scholar

F.S. 399.02 on Casetext

Amendments to 399.02


Arrestable Offenses / Crimes under Fla. Stat. 399.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 399.02.

Annotations, Discussions, Cases:

Cases Citing Statute 399.02

Total Results: 16

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: in State v. Lacerra, 4D21- 399. 2 Section 870.05 states:

ADAM RICHARD CLARKE v. KINSLEY ELIZABETH STOFFT

Court: District Court of Appeal of Florida | Date Filed: 2019-01-09

Citation: 263 So. 3d 84

Snippet: decision-making authority.” Id. at 399. 2 Accordingly, we reverse and

Highwoods Properties, Inc. v. Milar Elevator Service Company and Schindler Elevator Company

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 639

Snippet: operation of its non-delegable duty under section 399.02(5)(b), Florida Statutes, satisfied the requirements

Leah Vitrano, as Personal Representative of the Estate of Nicholas Vitrano v. Florida Power & Light Company

Court: District Court of Appeal of Florida | Date Filed: 2015-03-25

Citation: 190 So. 3d 89, 2015 Fla. App. LEXIS 4268

Snippet: NESC code sections like the provisions of section 399.02(5)(b), Florida Statutes, providing an owner with

Ryan Debord v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Snippet: Curry v. State, 1 So. 3d 394, 399 2 (Fla. 1st DCA 2009). In view

Schindler Elevator Corp. v. Carvalho

Court: District Court of Appeal of Florida | Date Filed: 2005-01-19

Citation: 895 So. 2d 1103, 2005 WL 94708

Snippet: sufficient evidence to show a violation of section 399.02(5)(b), Florida Statutes (1997), which makes the

GOLDEN SHORELINE LTD. PTNRSHP. v. McGowan

Court: District Court of Appeal of Florida | Date Filed: 2001-04-18

Citation: 787 So. 2d 109, 2001 WL 387737

Snippet: co-plaintiffs based upon an alleged violation of section 399.02(5)(b), Florida Statutes (1993). We hold that partial

Szilagyi v. North Florida Hotel Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-22

Citation: 610 So. 2d 1319, 1992 Fla. App. LEXIS 13018, 1992 WL 383006

Snippet: elevator owner may be assigned by lease. Section 399.02(5)(b), Florida Statutes (1985). At the charge conference

Black v. Montgomery Elevator Co.

Court: District Court of Appeal of Florida | Date Filed: 1991-06-06

Citation: 581 So. 2d 624, 1991 Fla. App. LEXIS 5150, 1991 WL 93529

Snippet: amendment in 1983, section 399.-02(5)(b), Fla.Stat., then section 399.02(6)(b), provided that the owner

Nicosia v. Otis Elevator Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-09-12

Citation: 548 So. 2d 854, 1989 WL 107219

Snippet: were the intervening cause of the injury. Section 399.02(2), Florida Statutes (1987), adopts the American

Burns v. Otis Elevator Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-07-25

Citation: 550 So. 2d 21, 1989 WL 81642

Snippet: 408 So.2d 659, 660 n. 1 (Fla. 3d DCA 1981); § 399.02(5)(b), Fla. Stat. (1983).

Davis v. Otis Elevator Co.

Court: District Court of Appeal of Florida | Date Filed: 1987-10-15

Citation: 515 So. 2d 277

Snippet: to instruct the jury that a violation of section 399.02(6)(b) constituted negligence per se. We conclude

Bryan v. State, Dept. of Business Regulation

Court: District Court of Appeal of Florida | Date Filed: 1983-09-12

Citation: 438 So. 2d 415, 14 Educ. L. Rep. 227, 1983 Fla. App. LEXIS 21627

Snippet: Section 399.03, Florida Statutes (1979). Section 399.02 also provided that the owner or his "agent" shall

Reliance Elec. Co., Haughton Elevator Div. v. Humphrey

Court: District Court of Appeal of Florida | Date Filed: 1983-02-09

Citation: 427 So. 2d 214, 1983 Fla. App. LEXIS 19112

Snippet: Judge. The issue is whether a violation of Section 399.02(6)(b), Florida Statutes (1981) (which requires

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-02-12

Citation: 232 So. 2d 55

Snippet: Chapman v. Lake, 1933, 112 Fla. 746, 151 So. 399. [2] The following is a partial list of crimes which

Florida Power Corporation v. Hicks

Court: District Court of Appeal of Florida | Date Filed: 1963-08-09

Citation: 156 So. 2d 408

Snippet: triangular shaped lot of the size 231.02' x 325.5' x 399.2', in the city of Longwood, Florida. The consideration