November 14, 2019
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CS/HB 697

1
A bill to be entitled
2An act relating to building code standards; amending s.
3163.04, F.S.; revising provisions authorizing the use of
4solar collectors and other energy devices; amending s.
5163.3177, F.S.; revising requirements for the future land
6use element of a local comprehensive plan to include
7energy-efficient land use patterns and greenhouse gas
8reduction strategies; requiring that the traffic-
9circulation element of a local comprehensive plan
10incorporate transportation strategies to reduce greenhouse
11gas emissions; requiring that the land use map or map
12series contained in the future land use element of a local
13comprehensive plan identify and depict energy
14conservation; requiring that the home element of a local
15comprehensive plan include energy efficiency in the design
16and construction of new housing and use of renewable
17energy resources; providing that certain counties may not
18receive state affordable housing funds under certain
19circumstances; requiring each unit of local government
20within an urbanized area to amend the transportation
21element of a local comprehensive plan to incorporate
22transportation strategies addressing reduction in
23greenhouse gas emissions; amending s. 377.806, F.S.;
24revising eligibility requirements for rebates under the
25Solar Energy System Incentives Program; amending s.
26489.105, F.S.; expanding the scope of the definition of
27"roofing contractor" to include contractors performing
28required roof-deck attachments and any repair or
29replacement of wood roof sheathing or fascia as needed
30during roof repair or replacement; amending s. 553.36,
31F.S.; redefining the term "manufactured building" for
32purposes of the Florida Manufactured Building Act to
33include modular and factory-built buildings; amending s.
34553.37, F.S.; requiring the Department of Community
35Affairs to adopt rules related to the inspection,
36construction, and modification of manufactured buildings;
37requiring the department to develop an insignia to be
38affixed to newly constructed manufactured buildings;
39authorizing the department to charge a fee for the
40insignia; providing requirements for the insignia;
41requiring the department to develop minimum criteria for a
42manufacturer's data plate; amending s. 553.381, F.S.;
43conforming provisions; amending s. 553.415, F.S.;
44requiring the department to require that an insignia be
45affixed to all newly constructed factory-built school
46buildings; providing requirements for the manufacturer's
47data plate; amending s. 553.71, F.S.; providing a
48definition; amending s. 553.73, F.S.; expanding required
49codes to be included in Florida Building Code updates;
50expanding the list of reasons the commission may amend the
51Florida Building Code; providing requirements for the
52retroactive application of parts of the Florida Building
53Code to commercial wireless communications towers;
54amending s. 553.74, F.S.; revising requirements for
55selecting members of the Florida Building Commission;
56revising membership of the commission; deleting obsolete
57provisions; amending s. 553.75, F.S.; authorizing the
58Florida Building Commission to use communications media
59technology in conducting its meetings or meetings held in
60conjunction with commission meetings; providing for public
61comment at meetings of the commission; amending s. 553.77,
62F.S.; authorizing the commission to implement
63recommendations relating to energy efficiency in
64residential and commercial buildings; amending s. 553.775,
65F.S.; authorizing the commission to render declaratory
66statements; amending s. 553.80, F.S.; providing that the
67enforcement of construction regulations relating to secure
68mental health treatment facilities under the jurisdiction
69of the Department of Children and Family Services shall be
70enforced exclusively by the department in conjunction with
71the review authority of the Agency for Health Care
72Administration; requiring that the basis for a fee
73structure for allowable activities include consideration
74for refunding fees due to reduced services based on
75certain services; amending s. 553.842, F.S.; requiring the
76commission to review the list of product evaluation
77entities; providing reporting requirements; providing for
78rulemaking; designating an entity as an approved
79production evaluation entity until October 1, 2009;
80providing criteria for substitution of approved products  
81under certain conditions; providing for the expiration of
82certain product approvals; amending s. 553.844, F.S.;
83revising provisions requiring the adoption of certain
84mitigation techniques by the Florida Building Commission
85within the Florida Building Code for certain structures;
86amending s. 553.885, F.S.; requiring the installation of
87carbon monoxide detectors in certain new hospitals,
88hospice and nursing homes facilities; creating s. 553.886,
89F.S.; requiring that the Florida Building Code facilitate
90and promote the use of certain renewable energy
91technologies in buildings; creating s. 553.9061, F.S.;
92establishing a schedule of required increases in the
93energy performance of buildings subject to the Florida
94Building Code; providing a process for implementing goals
95to increase energy-efficiency performance in new
96buildings; providing a schedule for the implementation of
97such goals; identifying energy-efficiency performance
98options and elements available to meet energy-efficiency
99performance requirements; requiring the commission to
100adopt by rule a definition of the term "cost-effectiveness
101test"; providing that the commission implement a cost-
102effectiveness test; providing requirements for the test;
103directing the Department of Community Affairs, in
104conjunction with the Florida Energy Affordability Council,
105to identify and review issues relating to the Low-Income
106Home Energy Assistance Program and the Weatherization
107Assistance Program; requiring the submission of a report
108to the President of the Senate and the Speaker of the
109House of Representatives on or before a specified date;
110providing for the expiration of certain study
111requirements; repealing s. 553.731, F.S., relating to
112wind-borne debris protection requirements; providing for
113construction and interpretation of the repeal; repealing
114s. 627.351(6)(a)6., F.S.; providing requirements for
115certain properties to meet building code plus requirements
116as a condition of eligibility for coverage by Citizens
117Property Insurance Corporation; amending s. 336.41, F.S.;
118providing that a county, municipality, or special district
119may not own or operate an asphalt plant or a portable or
120stationary concrete batch plant having an independent
121mixer; amending s. 718.113, F.S.; authorizing the board of
122a condominium or a multicondominium to install solar
123collectors, clotheslines, or other energy-efficient
124devices on association property; requiring the Florida
125Building Commission to include certain information in its
126report to the Legislature; providing an effective date.
127
128Be It Enacted by the Legislature of the State of Florida:
129
130     Section 1.  Subsection (2) of section 163.04, Florida
131Statutes, is amended to read:
132     163.04  Energy devices based on renewable resources.--
133     (2)  A deed restriction, covenant, declaration, or similar
134binding agreement may not No deed restrictions, covenants, or
135similar binding agreements running with the land shall prohibit
136or have the effect of prohibiting solar collectors,
137clotheslines, or other energy devices based on renewable
138resources from being installed on buildings erected on the lots
139or parcels covered by the deed restriction, covenant,
140declaration, or binding agreement restrictions, covenants, or
141binding agreements. A property owner may not be denied
142permission to install solar collectors or other energy devices
143based on renewable resources by any entity granted the power or
144right in any deed restriction, covenant, declaration, or similar
145binding agreement to approve, forbid, control, or direct
146alteration of property with respect to residential dwellings and
147within the boundaries of a condominium unit not exceeding three
148stories in height. For purposes of this subsection, Such entity
149may determine the specific location where solar collectors may
150be installed on the roof within an orientation to the south or
151within 45° east or west of due south if provided that such
152determination does not impair the effective operation of the
153solar collectors.
154     Section 2.  Paragraphs (a), (b), (d), (f), and (j) of
155subsection (6) of section 163.3177, Florida Statutes, are
156amended to read:
157     163.3177  Required and optional elements of comprehensive
158plan; studies and surveys.--
159     (6)  In addition to the requirements of subsections (1)-(5)
160and (12), the comprehensive plan shall include the following
161elements:
162     (a)  A future land use plan element designating proposed
163future general distribution, location, and extent of the uses of
164land for residential uses, commercial uses, industry,
165agriculture, recreation, conservation, education, public
166buildings and grounds, other public facilities, and other
167categories of the public and private uses of land. Counties are
168encouraged to designate rural land stewardship areas, pursuant
169to the provisions of paragraph (11)(d), as overlays on the
170future land use map. Each future land use category must be
171defined in terms of uses included, and must include standards to
172be followed in the control and distribution of population
173densities and building and structure intensities. The proposed
174distribution, location, and extent of the various categories of
175land use shall be shown on a land use map or map series which
176shall be supplemented by goals, policies, and measurable
177objectives. The future land use plan shall be based upon
178surveys, studies, and data regarding the area, including the
179amount of land required to accommodate anticipated growth; the
180projected population of the area; the character of undeveloped
181land; the availability of water supplies, public facilities, and
182services; the need for redevelopment, including the renewal of
183blighted areas and the elimination of nonconforming uses which
184are inconsistent with the character of the community; the
185compatibility of uses on lands adjacent to or closely proximate
186to military installations; the discouragement of urban sprawl;
187energy-efficient land use patterns accounting for existing and
188future electric power generation and transmission systems;
189greenhouse gas reduction strategies; and, in rural communities,
190the need for job creation, capital investment, and economic
191development that will strengthen and diversify the community's
192economy. The future land use plan may designate areas for future
193planned development use involving combinations of types of uses
194for which special regulations may be necessary to ensure
195development in accord with the principles and standards of the
196comprehensive plan and this act. The future land use plan
197element shall include criteria to be used to achieve the
198compatibility of adjacent or closely proximate lands with
199military installations. In addition, for rural communities, the
200amount of land designated for future planned industrial use
201shall be based upon surveys and studies that reflect the need
202for job creation, capital investment, and the necessity to
203strengthen and diversify the local economies, and shall not be
204limited solely by the projected population of the rural
205community. The future land use plan of a county may also
206designate areas for possible future municipal incorporation. The
207land use maps or map series shall generally identify and depict
208historic district boundaries and shall designate historically
209significant properties meriting protection. For coastal
210counties, the future land use element must include, without
211limitation, regulatory incentives and criteria that encourage
212the preservation of recreational and commercial working
213waterfronts as defined in s. 342.07. The future land use element
214must clearly identify the land use categories in which public
215schools are an allowable use. When delineating the land use
216categories in which public schools are an allowable use, a local
217government shall include in the categories sufficient land
218proximate to residential development to meet the projected needs
219for schools in coordination with public school boards and may
220establish differing criteria for schools of different type or
221size. Each local government shall include lands contiguous to
222existing school sites, to the maximum extent possible, within
223the land use categories in which public schools are an allowable
224use. The failure by a local government to comply with these
225school siting requirements will result in the prohibition of the
226local government's ability to amend the local comprehensive
227plan, except for plan amendments described in s. 163.3187(1)(b),
228until the school siting requirements are met. Amendments
229proposed by a local government for purposes of identifying the
230land use categories in which public schools are an allowable use
231are exempt from the limitation on the frequency of plan
232amendments contained in s. 163.3187. The future land use element
233shall include criteria that encourage the location of schools
234proximate to urban residential areas to the extent possible and
235shall require that the local government seek to collocate public
236facilities, such as parks, libraries, and community centers,
237with schools to the extent possible and to encourage the use of
238elementary schools as focal points for neighborhoods. For
239schools serving predominantly rural counties, defined as a
240county with a population of 100,000 or fewer, an agricultural
241land use category shall be eligible for the location of public
242school facilities if the local comprehensive plan contains
243school siting criteria and the location is consistent with such
244criteria. Local governments required to update or amend their
245comprehensive plan to include criteria and address compatibility
246of adjacent or closely proximate lands with existing military
247installations in their future land use plan element shall
248transmit the update or amendment to the department by June 30,
2492006.
250     (b)  A traffic circulation element consisting of the types,
251locations, and extent of existing and proposed major
252thoroughfares and transportation routes, including bicycle and
253pedestrian ways. Transportation corridors, as defined in s.
254334.03, may be designated in the traffic circulation element
255pursuant to s. 337.273. If the transportation corridors are
256designated, the local government may adopt a transportation
257corridor management ordinance. The traffic circulation element
258shall incorporate transportation strategies to address reduction
259in greenhouse gas emissions from the transportation sector.
260     (d)  A conservation element for the conservation, use, and
261protection of natural resources in the area, including air,
262water, water recharge areas, wetlands, waterwells, estuarine
263marshes, soils, beaches, shores, flood plains, rivers, bays,
264lakes, harbors, forests, fisheries and wildlife, marine habitat,
265minerals, and other natural and environmental resources,
266including factors that affect energy conservation. Local
267governments shall assess their current, as well as projected,
268water needs and sources for at least a 10-year period,
269considering the appropriate regional water supply plan approved
270pursuant to s. 373.0361, or, in the absence of an approved
271regional water supply plan, the district water management plan
272approved pursuant to s. 373.036(2). This information shall be
273submitted to the appropriate agencies. The land use map or map
274series contained in the future land use element shall generally
275identify and depict the following:
276     1.  Existing and planned waterwells and cones of influence
277where applicable.
278     2.  Beaches and shores, including estuarine systems.
279     3.  Rivers, bays, lakes, flood plains, and harbors.
280     4.  Wetlands.
281     5.  Minerals and soils.
282     6.  Energy conservation.
283
284The land uses identified on such maps shall be consistent with
285applicable state law and rules.
286     (f)1.  A housing element consisting of standards, plans,
287and principles to be followed in:
288     a.  The provision of housing for all current and
289anticipated future residents of the jurisdiction.
290     b.  The elimination of substandard dwelling conditions.
291     c.  The structural and aesthetic improvement of existing
292housing.
293     d.  The provision of adequate sites for future housing,
294including affordable workforce housing as defined in s.
295380.0651(3)(j), housing for low-income, very low-income, and
296moderate-income families, mobile homes, and group home
297facilities and foster care facilities, with supporting
298infrastructure and public facilities.
299     e.  Provision for relocation housing and identification of
300historically significant and other housing for purposes of
301conservation, rehabilitation, or replacement.
302     f.  The formulation of housing implementation programs.
303     g.  The creation or preservation of affordable housing to
304minimize the need for additional local services and avoid the
305concentration of affordable housing units only in specific areas
306of the jurisdiction.
307     h.  Energy efficiency in the design and construction of new
308housing.
309     i.  Use of renewable energy resources.
310     j. h. By July 1, 2008, Each county in which the gap between
311the buying power of a family of four and the median county home
312sale price exceeds $170,000, as determined by the Florida
313Housing Finance Corporation, and which is not designated as an
314area of critical state concern shall adopt a plan for ensuring
315affordable workforce housing. At a minimum, the plan shall
316identify adequate sites for such housing. For purposes of this
317sub-subparagraph, the term "workforce housing" means housing
318that is affordable to natural persons or families whose total
319household income does not exceed 140 percent of the area median
320income, adjusted for household size.
321     k.  As a precondition to receiving any state affordable
322housing funding or allocation for any project or program within
323the jurisdiction of a county that is subject to sub-subparagraph
324j., a county must, by July 1 of each year, provide certification
325that the county has complied with the requirements of sub-
326subparagraph j.
327     i. Failure by a local government to comply with the
328requirement in sub-subparagraph h. will result in the local
329government being ineligible to receive any state housing
330assistance grants until the requirement of sub-subparagraph h.
331is met.
332
333The goals, objectives, and policies of the housing element must
334be based on the data and analysis prepared on housing needs,
335including the affordable housing needs assessment. State and
336federal housing plans prepared on behalf of the local government
337must be consistent with the goals, objectives, and policies of
338the housing element. Local governments are encouraged to use
339utilize job training, job creation, and economic solutions to
340address a portion of their affordable housing concerns.
341     2.  To assist local governments in housing data collection
342and analysis and assure uniform and consistent information
343regarding the state's housing needs, the state land planning
344agency shall conduct an affordable housing needs assessment for
345all local jurisdictions on a schedule that coordinates the
346implementation of the needs assessment with the evaluation and
347appraisal reports required by s. 163.3191. Each local government
348shall utilize the data and analysis from the needs assessment as
349one basis for the housing element of its local comprehensive
350plan. The agency shall allow a local government the option to
351perform its own needs assessment, if it uses the methodology
352established by the agency by rule.
353     (j)  For each unit of local government within an urbanized
354area designated for purposes of s. 339.175, a transportation
355element, which shall be prepared and adopted in lieu of the
356requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
357and (d) and which shall address the following issues:
358     1.  Traffic circulation, including major thoroughfares and
359other routes, including bicycle and pedestrian ways.
360     2.  All alternative modes of travel, such as public
361transportation, pedestrian, and bicycle travel.
362     3.  Parking facilities.
363     4.  Aviation, rail, seaport facilities, access to those
364facilities, and intermodal terminals.
365     5.  The availability of facilities and services to serve
366existing land uses and the compatibility between future land use
367and transportation elements.
368     6.  The capability to evacuate the coastal population prior
369to an impending natural disaster.
370     7.  Airports, projected airport and aviation development,
371and land use compatibility around airports.
372     8.  An identification of land use densities, building
373intensities, and transportation management programs to promote
374public transportation systems in designated public
375transportation corridors so as to encourage population densities
376sufficient to support such systems.
377     9.  May include transportation corridors, as defined in s.
378334.03, intended for future transportation facilities designated
379pursuant to s. 337.273. If transportation corridors are
380designated, the local government may adopt a transportation
381corridor management ordinance.
382     10.  The incorporation of transportation strategies to
383address reduction in greenhouse gas emissions from the
384transportation sector.
385
386     Section 3.  Paragraph (a) of subsection (3) of section
387377.806, Florida Statutes, is amended to read:
388     377.806  Solar Energy System Incentives Program.--
389     (3)  SOLAR THERMAL SYSTEM INCENTIVE.--
390     (a)  Eligibility requirements.--A solar thermal system
391qualifies for a rebate if:
392     1.  The system is installed by a state-licensed solar or
393plumbing contractor or a roofing contractor installing standing
394seam hybrid thermal roofs.
395     2.  The system complies with all applicable building codes
396as defined by the local jurisdictional authority.
397     Section 4.  Paragraph (e) of subsection (3) of section
398489.105, Florida Statutes, is amended to read:
399     489.105  Definitions.--As used in this part:
400     (3)  "Contractor" means the person who is qualified for,
401and shall only be responsible for, the project contracted for
402and means, except as exempted in this part, the person who, for
403compensation, undertakes to, submits a bid to, or does himself
404or herself or by others construct, repair, alter, remodel, add
405to, demolish, subtract from, or improve any building or
406structure, including related improvements to real estate, for
407others or for resale to others; and whose job scope is
408substantially similar to the job scope described in one of the
409subsequent paragraphs of this subsection. For the purposes of
410regulation under this part, "demolish" applies only to
411demolition of steel tanks over 50 feet in height; towers over 50
412feet in height; other structures over 50 feet in height, other
413than buildings or residences over three stories tall; and
414buildings or residences over three stories tall. Contractors are
415subdivided into two divisions, Division I, consisting of those
416contractors defined in paragraphs (a)-(c), and Division II,
417consisting of those contractors defined in paragraphs (d)-(q):
418     (e)  "Roofing contractor" means a contractor whose services
419are unlimited in the roofing trade and who has the experience,
420knowledge, and skill to install, maintain, repair, alter,
421extend, or design, when not prohibited by law, and use materials
422and items used in the installation, maintenance, extension, and
423alteration of all kinds of roofing, waterproofing, and coating,
424except when coating is not represented to protect, repair,
425waterproof, stop leaks, or extend the life of the roof. The
426scope of work of a roofing contractor also includes required
427roof-deck attachments and any repair or replacement of wood roof
428sheathing or fascia as needed during roof repair or replacement.
429     Section 5.  Subsection (13) of section 553.36, Florida
430Statutes, is amended to read:
431     553.36  Definitions.--The definitions contained in this
432section govern the construction of this part unless the context
433otherwise requires.
434     (13)  "Manufactured building", "modular building," or
435"factory-built building" means a closed structure, building
436assembly, or system of subassemblies, which may include
437structural, electrical, plumbing, heating, ventilating, or other
438service systems manufactured in manufacturing facilities for
439installation or erection as a finished building or as part of a
440finished building, which shall include, but not be limited to,
441residential, commercial, institutional, storage, and industrial
442structures. The term includes buildings not intended for human
443habitation such as lawn storage buildings and storage sheds
444manufactured and assembled offsite by a manufacturer certified
445in conformance with this part. This part does not apply to
446mobile homes.
447     Section 6.  Section 553.37, Florida Statutes, is amended to
448read:
449     553.37  Rules; inspections; and insignia.--
450     (1)  The Florida Building Commission shall adopt within the
451Florida Building Code requirements for construction or
452modification of manufactured buildings and building modules, to
453address:
454     (a)  Submittal to and approval by the department of
455manufacturers' drawings and specifications, including any
456amendments.
457     (b)  Submittal to and approval by the department of
458manufacturers' internal quality control procedures and manuals,
459including any amendments.
460     (c)  Minimum inspection criteria. Procedures and
461qualifications for approval of third-party plan review and
462inspection entities and of those who perform inspections and
463plan reviews.
464     (2)  The department shall adopt rules to address:
465     (a)  Procedures and qualifications for approval of third-
466party plan review and inspection agencies and of those who
467perform inspections and plan reviews.
468     (b)(d)  Investigation of consumer complaints of
469noncompliance of manufactured buildings with the Florida
470Building Code and the Florida Fire Prevention Code.
471     (c)(e)  Issuance, cancellation, and revocation of any
472insignia issued by the department and procedures for auditing
473and accounting for disposition of them.
474     (d)(f)  Monitoring the manufacturers', inspection agencies'
475entities', and plan review agencies' entities' compliance with
476this part and the Florida Building Code. Monitoring may include,
477but is not limited to, performing audits of plans, inspections
478of manufacturing facilities and observation of the manufacturing
479and inspection process, and onsite inspections of buildings.
480     (e)(g)  The performance by the department of any other
481functions required by this part.
482     (3)(2)  After the effective date of the Florida Building
483Code, no manufactured building, except as provided in subsection
484(12) (11), may be installed in this state unless it is approved
485and bears the insignia of approval of the department and a
486manufacturer's data plate. Approvals issued by the department
487under the provisions of the prior part shall be deemed to comply
488with the requirements of this part.
489     (4)(3)  All manufactured buildings issued and bearing
490insignia of approval pursuant to subsection (3) (2) shall be
491deemed to comply with the Florida Building Code and are exempt
492from local amendments enacted by any local government.
493     (5)(4)  No manufactured building bearing department
494insignia of approval pursuant to subsection (3) (2) shall be in
495any way modified prior to installation, except in conformance
496with the Florida Building Code.
497     (6)(5)  Manufactured buildings which have been issued and
498bear the insignia of approval pursuant to this part upon
499manufacture or first sale shall not require an additional
500approval or insignia by a local government in which they are
501subsequently sold or installed. Buildings or structures that
502meet the definition of "open construction" are subject to
503permitting by the local jurisdiction and are not required to
504bear insignia.
505     (7)(6)  If the department Florida Building Commission
506determines that the standards for construction and inspection of
507manufactured buildings prescribed by statute or rule of another
508state are at least equal to the Florida Building Code and that
509such standards are actually enforced by such other state, it may
510provide by rule that the manufactured building which has been
511inspected and approved by such other state shall be deemed to
512have been approved by the department and shall authorize the
513affixing of the appropriate insignia of approval.
514     (8)(7)  The department Florida Building Commission, by
515rule, shall establish a schedule of fees to pay the cost of
516incurred by the department for the work related to
517administration and enforcement of this part.
518     (9)(8)  The department may delegate its enforcement
519authority to a state department having building construction
520responsibilities or a local government. The department may
521delegate its plan review and inspection authority to one or more
522of the following in any combination:
523     (a)  A state department having building construction
524responsibilities;,
525     (b)  A local government;,
526     (c)  An approved inspection agency;,
527     (d)  An approved plan review agency;, or
528     (e)  An agency of another state.
529     (9)  If the commission delegates its inspection authority
530to third-party approved inspection agencies, manufacturers must
531have one, and only one, inspection agency responsible for
532inspection of a manufactured building, module, or component at
533all times.
534     (10)  The department shall develop an insignia to be
535affixed to all newly constructed buildings by the manufacturer
536or the inspection agency prior to the building leaving the
537plant. The department may charge a fee for issuing such
538insignias. Such insignias shall bear the department's name, the
539state seal, an identification number unique to that insignia,
540and such other information as the department may require by
541rule. If the commission delegates its inspection authority to
542third-party approved plan review agencies, manufacturers must
543have one, and only one, plan review agency responsible for
544review of plans of a manufactured building, module, or component
545at all times.
546     (11)  The department shall by rule develop minimum criteria
547for manufacturer's data that must be affixed to all newly
548constructed buildings by the manufacturer prior to the building
549leaving the plant. Custom or one-of-a-kind prototype
550manufactured buildings shall not be required to have state
551approval but must comply with all local requirements of the
552governmental agency having jurisdiction at the installation
553site.
554     Section 7.  Subsections (1) and (3) of section 553.381,
555Florida Statutes, are amended to read:
556     553.381  Manufacturer certification.--
557     (1)  Before manufacturing buildings to be located within
558this state or selling manufactured buildings within this state,
559whichever occurs later, a manufacturer must be certified by the
560department. The department shall certify a manufacturer upon
561receipt from the manufacturer and approval and verification by
562the department of the following:
563     (a)  The manufacturer's internal quality control procedures
564and manuals, including any amendments;
565     (b)  Evidence that the manufacturer has product liability
566insurance for the safety and welfare of the public in amounts
567determined by rule of the department commission; and
568     (c)  The fee established by the department commission under
569s. 553.37(8) s. 553.37(7).
570     (3)  Certification of manufacturers under this section
571shall be for a period of 3 years, subject to renewal by the
572manufacturer. Upon application for renewal, the manufacturer
573must submit the information described in subsection (1) or a
574sworn statement that there has been no change in the status or
575content of that information since the manufacturer's last
576submittal. Fees for renewal of manufacturers' certification
577shall be established by the department commission by rule.
578     Section 8.  Subsections (11) and (12) of section 553.415,
579Florida Statutes, are amended to read:
580     553.415  Factory-built school buildings.--
581     (11)  The department shall require that an insignia bearing
582the department's name and state seal and a manufacturer's data
583plate develop a unique identification label to be affixed to all
584newly constructed factory-built school buildings and existing
585factory-built school buildings which have been brought into
586compliance with the standards for existing "satisfactory"
587buildings pursuant to chapter 5 of the Uniform Code for Public
588Educational Facilities, and after March 1, 2002, the Florida
589Building Code. The department may charge a fee for issuing such
590insignias labels. The manufacturer's data plate Such labels,
591bearing the department's name and state seal, shall, at a
592minimum, contain:
593     (a)  The name of the manufacturer.
594     (b)  The standard plan approval number or alteration
595number.
596     (c)  The date of manufacture or alteration.
597     (d)  The serial or other identification number.
598     (e)  The following designed-for loads: lbs. per square foot
599live load; lbs. per square foot floor live load; lbs. per square
600foot horizontal wind load; and lbs. per square foot wind uplift
601load.
602     (f)  The designed-for flood zone usage.
603     (g)  The designed-for wind zone usage.
604     (h)  The designed-for enhanced hurricane protection zone
605usage: yes or no.
606     (12)  Such insignia and data plate identification label
607shall be permanently affixed by the manufacturer in the case of
608newly constructed factory-built school buildings, or by the
609department or its designee in the case of an existing factory-
610built building altered to comply with provisions of s. 1013.20.
611     Section 9.  Subsection (11) is added to section 553.71,
612Florida Statutes, to read:
613     553.71  Definitions.--As used in this part, the term:
614     (11)  "Temporary" includes, but is not limited to,
615buildings identified by, but not designated as permanent
616structures on, an approved development order.
617     Section 10.  Paragraph (a) of subsection (6) and subsection
618(7) of section 553.73, Florida Statutes, are amended, and
619subsection (13) is added to that section, to read:
620     553.73  Florida Building Code.--
621     (6)(a)  The commission, by rule adopted pursuant to ss.
622120.536(1) and 120.54, shall update the Florida Building Code
623every 3 years. When updating the Florida Building Code, the
624commission shall select the most current version of the
625International Building Code, the International Fuel Gas Code,
626the International Mechanical Code, the International Plumbing
627Code, and the International Residential Code, all of which are
628adopted by the International Code Council, and the National
629Electrical Code, which is adopted by the National Fire
630Protection Association, to form the foundation codes of the
631updated Florida Building Code, if the version has been adopted
632by the applicable model code entity and made available to the
633public at least 6 months prior to its selection by the
634commission. The commission shall select the most current version
635of the International Energy Conservation Code (IECC) as a
636foundation code; however, the IECC shall be modified by the
637commission to maintain the efficiencies of the Florida Energy
638Efficiency Code for Building Construction adopted and amended
639pursuant to s. 553.901.
640     (7)  Notwithstanding the provisions of subsection (3) or
641subsection (6), the commission may address issues identified in
642this subsection by amending the code pursuant only to the rule
643adoption procedures contained in chapter 120. Provisions of the
644Florida Building Code, including those contained in referenced
645standards and criteria, relating to wind resistance or the
646prevention of water intrusion may not be amended pursuant to
647this subsection to diminish those construction requirements;
648however, the commission may, subject to conditions in this
649subsection, amend the provisions to enhance those construction
650requirements. Following the approval of any amendments to the
651Florida Building Code by the commission and publication of the
652amendments on the commission's website, authorities having
653jurisdiction to enforce the Florida Building Code may enforce
654the amendments. The commission may approve amendments that are
655needed to address:
656     (a)  Conflicts within the updated code;
657     (b)  Conflicts between the updated code and the Florida
658Fire Prevention Code adopted pursuant to chapter 633;
659     (c)  The omission of previously adopted Florida-specific
660amendments to the updated code if such omission is not supported
661by a specific recommendation of a technical advisory committee
662or particular action by the commission;
663     (d)  Unintended results from the integration of previously
664adopted Florida-specific amendments with the model code; or
665     (e)  Changes to federal or state law; or.
666     (f)  Adoption of an updated edition of the National
667Electrical Code if the commission finds that delay of
668implementing the updated edition causes undue hardship to
669stakeholders or otherwise threatens the public health, safety,
670and welfare.
671     (13)  The general provisions of the Florida Building Code
672for buildings and other structures shall not apply to commercial
673wireless communication towers when such general provisions are
674inconsistent with the provisions of the code controlling radio
675and television towers. This subsection is intended to be
676remedial in nature and to clarify existing law.
677     Section 11.  Subsections (1) and (2) of section 553.74,
678Florida Statutes, are amended to read:
679     553.74  Florida Building Commission.--
680     (1)  The Florida Building Commission is created and shall
681be located within the Department of Community Affairs for
682administrative purposes. Members shall be appointed by the
683Governor subject to confirmation by the Senate. The commission
684shall be composed of 25 23 members, consisting of the following:
685     (a)  One architect registered to practice in this state and
686actively engaged in the profession. The American Institute of
687Architects, Florida Section, is encouraged to recommend a list
688of candidates for consideration.
689     (b)  One structural engineer registered to practice in this
690state and actively engaged in the profession. The Florida
691Engineering Society is encouraged to recommend a list of
692candidates for consideration.
693     (c)  One air-conditioning or mechanical contractor
694certified to do business in this state and actively engaged in
695the profession. The Florida Air Conditioning Contractors
696Association, the Florida Refrigeration and Air Conditioning
697Contractors Association, and the Mechanical Contractors
698Association of Florida are encouraged to recommend a list of
699candidates for consideration.
700     (d)  One electrical contractor certified to do business in
701this state and actively engaged in the profession. The Florida
702Electrical Contractors Association and the National Electrical
703Contractors Association, Florida Chapter, are encouraged to
704recommend a list of candidates for consideration.
705     (e)  One member from fire protection engineering or
706technology who is actively engaged in the profession. The
707Florida Chapter of the Society of Fire Protection Engineers and
708the Florida Fire Marshals and Inspectors Association are
709encouraged to recommend a list of candidates for consideration.
710     (f)  One general contractor certified to do business in
711this state and actively engaged in the profession. The
712Associated Builders and Contractors of Florida, the Florida
713Associated General Contractors Council, and the Union
714Contractors Association are encouraged to recommend a list of
715candidates for consideration.
716     (g)  One plumbing contractor licensed to do business in
717this state and actively engaged in the profession. The Florida
718Association of Plumbing, Heating, and Cooling Contractors is
719encouraged to recommend a list of candidates for consideration.
720     (h)  One roofing or sheet metal contractor certified to do
721business in this state and actively engaged in the profession.
722The Florida Roofing, Sheet Metal, and Air Conditioning
723Contractors Association and the Sheet Metal and Air Conditioning
724Contractors National Association are encouraged to recommend a
725list of candidates for consideration.
726     (i)  One residential contractor licensed to do business in
727this state and actively engaged in the profession. The Florida
728Home Builders Association is encouraged to recommend a list of
729candidates for consideration.
730     (j)  Three members who are municipal or district codes
731enforcement officials, one of whom is also a fire official. The
732Building Officials Association of Florida and the Florida Fire
733Marshals and Inspectors Association are encouraged to recommend
734a list of candidates for consideration.
735     (k)  One member who represents the Department of Financial
736Services.
737     (l)  One member who is a county codes enforcement official.
738The Building Officials Association of Florida is encouraged to
739recommend a list of candidates for consideration.
740     (m)  One member of a Florida-based organization of persons
741with disabilities or a nationally chartered organization of
742persons with disabilities with chapters in this state.
743     (n)  One member of the manufactured buildings industry who
744is licensed to do business in this state and is actively engaged
745in the industry. The Florida Manufactured Housing Association is
746encouraged to recommend a list of candidates for consideration.
747     (o)  One mechanical or electrical engineer registered to
748practice in this state and actively engaged in the profession.
749The Florida Engineering Society is encouraged to recommend a
750list of candidates for consideration.
751     (p)  One member who is a representative of a municipality
752or a charter county. The Florida League of Cities and the
753Florida Association of Counties are encouraged to recommend a
754list of candidates for consideration.
755     (q)  One member of the building products manufacturing
756industry who is authorized to do business in this state and is
757actively engaged in the industry. The Florida Building Material
758Association, the Florida Concrete and Products Association, and
759the Fenestration Manufacturers Association are encouraged to
760recommend a list of candidates for consideration.
761     (r)  One member who is a representative of the building
762owners and managers industry who is actively engaged in
763commercial building ownership or management. The Building Owners
764and Managers Association is encouraged to recommend a list of
765candidates for consideration.
766     (s)  One member who is a representative of the insurance
767industry. The Florida Insurance Council is encouraged to
768recommend a list of candidates for consideration.
769     (t)  One member who is a representative of public
770education.
771     (u)  One member who is a swimming pool contractor licensed
772to do business in this state and actively engaged in the
773profession. The Florida Swimming Pool Association and the United
774Pool and Spa Association are encouraged to recommend a list of
775candidates for consideration shall be the chair.
776     (v)  One member who is a representative of the green
777building industry and who is a third-party commission agent, a
778Florida board member of the United States Green Building Council
779or Green Building Initiative, or a LEED-accredited professional.
780     (w)  One member who shall be the chair.
781
782Any person serving on the commission under paragraph (c) or
783paragraph (h) on October 1, 2003, and who has served less than
784two full terms is eligible for reappointment to the commission
785regardless of whether he or she meets the new qualification.
786     (2)  All appointments shall be for terms of 4 years, except
787that of the chair who shall serve at the pleasure of the
788Governor. Each person who is a member of the Board of Building
789Codes and Standards on the effective date of this act shall
790serve the remainder of their term as a member of the Florida
791Building Commission. Except for the chair, newly created
792positions on the Florida Building Commission shall be appointed
793after February 1, 1999. A vacancy shall be filled for the
794remainder of the unexpired term. Any member who shall, during
795his or her term, cease to meet the qualifications for original
796appointment, through ceasing to be a practicing member of the
797profession indicated or otherwise, shall thereby forfeit
798membership on the commission.
799     Section 12.  Section 553.75, Florida Statutes, is amended
800to read:
801553.75  Organization of commission; rules and regulations;
802meetings; staff; fiscal affairs; public comment.--
803     (1)  The commission shall meet on call of the secretary.
804The commission shall annually elect from its appointive members
805such officers as it may choose.
806     (2)  The commission shall meet at the call of its chair, at
807the request of a majority of its membership, at the request of
808the department, or at such times as may be prescribed by its
809rules. The members shall be notified in writing of the time and
810place of a regular or special meeting at least 7 days in advance
811of the meeting. A majority of members of the commission shall
812constitute a quorum.
813     (3)  The department shall be responsible for the provision
814of administrative and staff support services relating to the
815functions of the commission. With respect to matters within the
816jurisdiction of the commission, the department shall be
817responsible for the implementation and faithful discharge of all
818decisions of the commission made pursuant to its authority under
819the provisions of this part. The department is specifically
820authorized to use communications media technology in conducting
821meetings of the commission or any meetings held in conjunction
822with meetings of the commission.
823     (4)  Meetings of the commission shall be conducted so as to
824encourage participation by interested persons in attendance. At
825a minimum, the commission shall provide one opportunity for
826interested members of the public in attendance at a meeting to
827comment on each proposed action of the commission before a final
828vote is taken on any motion.
829     Section 13.  Present subsection (5) of section 553.77,
830Florida Statutes, is renumbered as subsection (6), and a new
831subsection (5) is added to that section, to read:
832     553.77  Specific powers of the commission.--
833     (5)  The commission may implement its recommendations
834delivered pursuant to subsection (2) of section 48 of chapter
8352007-73, Laws of Florida, by amending the Florida Energy
836Efficiency Code for Building Construction as provided in s.
837553.901.
838     Section 14.  Subsection (5) of section 553.775, Florida
839Statutes, is amended to read:
840     553.775  Interpretations.--
841     (5)  The commission may render declaratory statements in
842accordance with s. 120.565 relating to the provisions of the
843Florida Accessibility Code for Building Construction not
844attributable to the Americans with Disabilities Act
845Accessibility Guidelines. Notwithstanding the other provisions
846of this section, the Florida Accessibility Code for Building
847Construction and chapter 11 of the Florida Building Code may not
848be interpreted by, and are not subject to review under, any of
849the procedures specified in this section. This subsection has no
850effect upon the commission's authority to waive the Florida
851Accessibility Code for Building Construction as provided by s.
852553.512.
853     Section 15.  Paragraph (g) is added to subsection (1) of
854section 553.80, Florida Statutes, and subsection (7) of that
855section is amended, to read:
856     553.80  Enforcement.--
857     (1)  Except as provided in paragraphs (a)-(g) (a)-(f), each
858local government and each legally constituted enforcement
859district with statutory authority shall regulate building
860construction and, where authorized in the state agency's
861enabling legislation, each state agency shall enforce the
862Florida Building Code required by this part on all public or
863private buildings, structures, and facilities, unless such
864responsibility has been delegated to another unit of government
865pursuant to s. 553.79(9).
866     (g)  Construction regulations relating to secure mental
867health treatment facilities under the jurisdiction of the
868Department of Children and Family Services shall be enforced
869exclusively by the department in conjunction with the Agency for
870Health Care Administration's review authority under paragraph
871(c).
872
873The governing bodies of local governments may provide a schedule
874of fees, as authorized by s. 125.56(2) or s. 166.222 and this
875section, for the enforcement of the provisions of this part.
876Such fees shall be used solely for carrying out the local
877government's responsibilities in enforcing the Florida Building
878Code. The authority of state enforcing agencies to set fees for
879enforcement shall be derived from authority existing on July 1,
8801998. However, nothing contained in this subsection shall
881operate to limit such agencies from adjusting their fee schedule
882in conformance with existing authority.
883     (7)  The governing bodies of local governments may provide
884a schedule of reasonable fees, as authorized by s. 125.56(2) or
885s. 166.222 and this section, for enforcing this part. These
886fees, and any fines or investment earnings related to the fees,
887shall be used solely for carrying out the local government's
888responsibilities in enforcing the Florida Building Code. When
889providing a schedule of reasonable fees, the total estimated
890annual revenue derived from fees, and the fines and investment
891earnings related to the fees, may not exceed the total estimated
892annual costs of allowable activities. Any unexpended balances
893shall be carried forward to future years for allowable
894activities or shall be refunded at the discretion of the local
895government. The basis for a fee structure for allowable
896activities shall relate to the level of service provided by the
897local government and shall include consideration for refunding
898fees due to reduced services based on services provided as
899prescribed by s. 553.791, but not provided by the local
900government. Fees charged shall be consistently applied.
901     (a)  As used in this subsection, the phrase "enforcing the
902Florida Building Code" includes the direct costs and reasonable
903indirect costs associated with review of building plans,
904building inspections, reinspections, and building permit
905processing; building code enforcement; and fire inspections
906associated with new construction. The phrase may also include
907training costs associated with the enforcement of the Florida
908Building Code and enforcement action pertaining to unlicensed
909contractor activity to the extent not funded by other user fees.
910     (b)  The following activities may not be funded with fees
911adopted for enforcing the Florida Building Code:
912     1.  Planning and zoning or other general government
913activities.
914     2.  Inspections of public buildings for a reduced fee or no
915fee.
916     3.  Public information requests, community functions,
917boards, and any program not directly related to enforcement of
918the Florida Building Code.
919     4.  Enforcement and implementation of any other local
920ordinance, excluding validly adopted local amendments to the
921Florida Building Code and excluding any local ordinance directly
922related to enforcing the Florida Building Code as defined in
923paragraph (a).
924     (c)  A local government shall use recognized management,
925accounting, and oversight practices to ensure that fees, fines,
926and investment earnings generated under this subsection are
927maintained and allocated or used solely for the purposes
928described in paragraph (a).
929     Section 16.  Subsection (17) is added to section 553.842,
930Florida Statutes, to read:
931     553.842  Product evaluation and approval.--
932     (17)(a)  The Florida Building Commission shall review the
933list of evaluation entities in subsection (8) and, in the annual
934report required under s. 553.77, shall either recommend
935amendments to the list to add evaluation entities the commission
936determines should be authorized to perform product evaluations
937or shall report on the criteria adopted by rule or to be adopted
938by rule allowing the commission to approve evaluation entities
939that use the commission's product evaluation process. If the
940commission adopts criteria by rule, the rulemaking process must
941be completed by July 1, 2009.
942     (b)  Notwithstanding paragraph (8)(a), the International
943Association of Plumbing and Mechanical Officials Evaluation
944Services is approved as an evaluation entity until October 1,
9452009. If the association does not obtain permanent approval by
946the commission as an evaluation entity by October 1, 2009,
947products approved on the basis of an association evaluation must
948be substituted by an alternative, approved entity by December
94931, 2009, and on January 1, 2010, any product approval issued by
950the commission based on an association evaluation is void.
951     Section 17.  Paragraph (b) of subsection (2) of section
952553.844, Florida Statutes, is amended to read:
953     553.844  Windstorm loss mitigation; requirements for roofs
954and opening protection.--
955     (2)  The Florida Building Commission shall:
956     (b)  Develop and adopt within the Florida Building Code a
957means to incorporate recognized mitigation techniques for site-
958built, single-family residential structures constructed before
959prior to the implementation of the Florida Building Code,
960including, but not limited to:
961     1.  Prescriptive techniques for the installation of gable-
962end bracing;
963     2.  Secondary water barriers for roofs and standards
964relating to secondary water barriers. The criteria may include,
965but need not be limited to, roof shape, slope, and composition
966of all elements of the roof system. The criteria may not be
967limited to one method or material for a secondary water barrier;
968     3.  Prescriptive techniques for improvement of roof-to-wall
969connections. The Legislature recognizes that the cost of
970retrofitting existing buildings to meet the code requirements
971for new construction in this regard may exceed the practical
972benefit to be attained. The Legislature intends for the
973commission to provide for the integration of alternate, lower-
974cost means that may be employed to retrofit existing buildings
975that are not otherwise required to comply with the requirements
976of the Florida Building Code for new construction so that the
977cost of such improvements does not exceed approximately 15
978percent of the cost of reroofing. Roof-to-wall connections shall
979not be required unless evaluation and installation of
980connections at gable ends or all corners can be completed for 15
981percent of the cost of roof replacement. For houses that have
982both hip and gable roof ends, the priority shall be to retrofit
983the gable end roof-to-wall connections unless the width of the
984hip is more than 1.5 times greater than the width of the gable
985end. Priority shall be given to connecting the corners of roofs
986to walls below the locations at which the spans of the roofing
987members are greatest;
988     4.  Strengthening or correcting roof-decking attachments
989and fasteners during reroofing; and
990     5.  Adding or strengthening opening protections.
991     Section 18.  Subsection (1) of section 553.885, Florida
992Statutes, is amended to read:
993     553.885  Carbon monoxide alarm required.--
994     (1)  Every building, other than a hospital, an inpatient
995hospice facility, or a nursing home facility licensed by the
996Agency for Health Care Administration, for which a building
997permit is issued for new construction on or after July 1, 2008,
998and having a fossil-fuel-burning heater or appliance, a
999fireplace, or an attached garage shall have an approved
1000operational carbon monoxide alarm installed within 10 feet of
1001each room used for sleeping purposes. For a new hospital, an
1002inpatient hospice facility, or a nursing home facility licensed
1003by the Agency for Health Care Administration, an approved
1004operational carbon monoxide detector shall be installed inside
1005or directly outside of each room or area within the hospital or
1006facility were a fossil-fuel burning heater, engine, or appliance
1007is located. This detector shall be connected to the fire-alarm
1008system of the hospital or facility as a supervisory signal.
1009     Section 19.  Section 553.886, Florida Statutes, is created
1010to read:
1011     553.886  Energy-efficiency technologies.--The provisions of
1012the Florida Building Code must facilitate and promote the use of
1013cost-effective energy conservation, energy-demand management,
1014and renewable energy technologies in buildings.
1015     Section 20.  Section 553.9061, Florida Statutes, is created
1016to read:
1017     553.9061  Scheduled increases in thermal efficiency
1018standards.--
1019     (1)  The purpose of this section is to establish a schedule
1020of increases in the energy performance of buildings subject to
1021the Florida Energy Efficiency Code for Building Construction.
1022The Florida Building Commission shall:
1023     (a)  Include the necessary provisions by the 2010 edition
1024of the Florida Energy Efficiency Code for Building Construction
1025to increase the energy performance of new buildings by at least
102620 percent as compared to the energy efficiency provisions of
1027the 2007 Florida Building Code adopted October 31, 2007.
1028     (b)  Increase energy efficiency requirements by the 2013
1029edition of the Florida Energy Efficiency Code for Building
1030Construction by at least 30 percent as compared to the energy
1031efficiency provisions of the 2007 Florida Building Code adopted
1032October 31, 2007.
1033     (c)  Increase energy efficiency requirements by the 2016
1034edition of the Florida Energy Efficiency Code for Building
1035Construction by at least 40 percent as compared to the energy
1036efficiency provisions of the 2007 Florida Building Code adopted
1037October 31, 2007.
1038     (d)  Increase energy efficiency requirements by the 2019
1039edition of the Florida Energy Efficiency Code for Building
1040Construction by at least 50 percent as compared to the energy
1041efficiency provisions of the 2007 Florida Building Code adopted
1042October 31, 2007.
1043     (2)  The Florida Building Commission shall identify within
1044code support and compliance documentation the specific building
1045options and elements available to meet the energy performance
1046goals established in subsection (1). Energy-efficiency
1047performance options and elements include, but are not limited
1048to:
1049     (a)  Solar water heating.
1050     (b)  Energy-efficient appliances.
1051     (c)  Energy-efficient windows, doors, and skylights.
1052     (d)  Low solar-absorption roofs, also known as "cool
1053roofs."
1054     (e)  Enhanced ceiling and wall insulation.
1055     (f)  Reduced-leak duct systems.     
1056     (g)  Programmable thermostats.
1057     (h)  Energy-efficient lighting systems.
1058     (3)  The Florida Building Commission shall, prior to
1059implementing the goals established in subsection (1), adopt by
1060rule and implement a cost-effectiveness test for proposed
1061increases in energy efficiency. The cost-effectiveness test
1062shall measure cost-effectiveness and shall ensure that energy
1063efficiency increases result in a positive net financial impact.
1064     Section 21.  (1)  The Department of Community Affairs, in
1065conjunction with the Florida Energy Affordability Coalition,
1066shall identify and review issues relating to the Low-Income Home
1067Energy Assistance Program and the Weatherization Assistance
1068Program, and identify recommendations that:
1069     (a)  Support customer health, safety, and well-being;
1070     (b)  Maximize available financial and energy-conservation
1071assistance;
1072     (c)  Improve the quality of service to customers seeking
1073assistance; and
1074     (d)  Educate customers to make informed decisions regarding
1075energy use and conservation.
1076     (2)  On or before January 1, 2009, the department shall
1077report its findings and any recommended statutory changes
1078required to implement such findings to the President of the
1079Senate and the Speaker of the House of Representatives.
1080     (3)  The provisions of this section expire July 1, 2009.
1081     Section 22.  Section 553.731, Florida Statutes, is
1082repealed.     
1083Section 23.  The repeal of s. 553.731, Florida Statutes, by
1084this act, does not diminish or authorize changes that diminish
1085the provisions of the Florida Building Code relating to wind
1086resistance or water intrusion which were adopted pursuant to
1087chapter 2007-1, Laws of Florida.
1088     Section 24.  Subparagraph 6. of paragraph (a) of subsection
1089(6) of s. 627.351, Florida Statutes, is repealed.
1090     Section 25.  Subsections (3), and (4) of section 336.41,
1091Florida Statutes, are renumbered as subsections (4), and (5),
1092respectively, and a subsection (3) is added to that section, to
1093read:
1094     336.41  Counties; employing labor and providing road
1095equipment; accounting; when competitive bidding required.--
1096     (3)  Notwithstanding any law to the contrary, a county,
1097municipality, or special district may not own or operate an
1098asphalt plant or a portable or stationary concrete batch plant
1099that has an independent mixer; however, this prohibition does
1100not apply to any county that owns or is under contract to
1101purchase an asphalt plant as of April 15, 2008, and that
1102furnishes its plant-generated asphalt solely for use by local
1103governments or companies under contract with local governments
1104for projects within the boundaries of the county. Sale of plant-
1105generated asphalt to private entities or local governments
1106outside the boundaries of the county is prohibited.
1107     Section 26.  Subsection (6) is added to section 718.113,
1108Florida Statutes, to read:
1109     718.113  Maintenance; limitation upon improvement; display
1110of flag; hurricane shutters.--
1111     (6)  Notwithstanding the provisions of this section or the
1112governing documents of a condominium or a multicondominium
1113association, the board of administration may, without any
1114requirement for approval of the unit owners, install upon or
1115within the common elements or association property solar
1116collectors, clotheslines, or other energy-efficient devices
1117based on renewable resources for the benefit of the unit owners.
1118     Section 27.  The Florida Building Commission shall submit
1119the text of the rule required by section 19 of this act to the
1120Legislature in its report to the 2009-2010 Legislature, and
1121shall provide an effective date for the rule by July 1, 2009.
1122     Section 28.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
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