Florida Senate - 2008 (Reformatted) SB 560

By Senator Constantine

22-00428-08 2008560__

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A bill to be entitled

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An act relating to energy efficiency in building

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construction; amending s. 553.77, F.S.; providing

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discretionary power to the Florida Building Commission to

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implement recommendations regarding cost-effective,

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energy-efficiency standards for construction of all new

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residential, commercial, and government buildings by

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amending the Florida Efficiency Code for Building

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Construction; providing an effective date.  

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 553.77, Florida Statutes, is amended to

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read:

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     553.77  Specific powers of the commission.--

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     (1)  The commission shall:

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     (a)  Adopt and update the Florida Building Code or

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amendments thereto, pursuant to ss. 120.536(1) and 120.54.

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     (b)  Make a continual study of the operation of the Florida

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Building Code and other laws relating to the design,

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construction, erection, alteration, modification, repair, or

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demolition of public or private buildings, structures, and

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facilities, including manufactured buildings, and code

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enforcement, to ascertain their effect upon the cost of building

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construction and determine the effectiveness of their provisions.

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Upon updating the Florida Building Code every 3 years, the

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commission shall review existing provisions of law and make

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recommendations to the Legislature for the next regular session

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of the Legislature regarding provisions of law that should be

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revised or repealed to ensure consistency with the Florida

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Building Code at the point the update goes into effect. State

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agencies and local jurisdictions shall provide such information

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as requested by the commission for evaluation of and

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recommendations for improving the effectiveness of the system of

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building code laws for reporting to the Legislature annually.

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Failure to comply with this or other requirements of this act

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must be reported to the Legislature for further action. Any

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proposed legislation providing for the revision or repeal of

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existing laws and rules relating to technical requirements

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applicable to building structures or facilities should expressly

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state that such legislation is not intended to imply any repeal

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or sunset of existing general or special laws governing any

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special district that are not specifically identified in the

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legislation.

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     (c)  Upon written application by any substantially affected

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person or a local enforcement agency, issue declaratory

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statements pursuant to s. 120.565 relating to new technologies,

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techniques, and materials which have been tested where necessary

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and found to meet the objectives of the Florida Building Code.

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This paragraph does not apply to the types of products,

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materials, devices, or methods of construction required to be

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approved under paragraph (f).

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     (d)  Make recommendations to, and provide assistance upon

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the request of, the Florida Commission on Human Relations

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regarding rules relating to accessibility for persons with

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disabilities.

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     (e)  Participate with the Florida Fire Code Advisory Council

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created under s. 633.72, to provide assistance and

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recommendations relating to firesafety code interpretations. The

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administrative staff of the commission shall attend meetings of

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the Florida Fire Code Advisory Council and coordinate efforts to

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provide consistency between the Florida Building Code and the

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Florida Fire Prevention Code and the Life Safety Code.

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     (f)  Determine the types of products which may be approved

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by the commission for statewide use and shall provide for the

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evaluation and approval of such products, materials, devices, and

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method of construction for statewide use. The commission may

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prescribe by rule a schedule of reasonable fees to provide for

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evaluation and approval of products, materials, devices, and

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methods of construction. Evaluation and approval shall be by

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action of the commission or delegated pursuant to s. 553.842.

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This paragraph does not apply to products approved by the State

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Fire Marshal.

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     (g)  Appoint experts, consultants, technical advisers, and

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advisory committees for assistance and recommendations relating

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to the major areas addressed in the Florida Building Code.

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     (h)  Establish and maintain a mutual aid program, organized

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through the department, to provide an efficient supply of various

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levels of code enforcement personnel, design professionals,

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commercial property owners, and construction industry

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individuals, to assist in the rebuilding effort in an area which

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has been hit with disaster. The program shall include provisions

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for:

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     1.  Minimum postdisaster structural, electrical, and

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plumbing inspections and procedures.

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     2.  Emergency permitting and inspection procedures.

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     3.  Establishing contact with emergency management personnel

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and other state and federal agencies.

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     (i)  Maintain a list of interested parties for noticing

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rulemaking workshops and hearings, disseminating information on

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code adoption, revisions, amendments, and all other such actions

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which are the responsibility of the commission.

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     (j)  Coordinate with the state and local governments,

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industry, and other affected stakeholders in the examination of

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legislative provisions and make recommendations to fulfill the

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responsibility to develop a consistent, single code.

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     (k)  Provide technical assistance to local building

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departments in order to implement policies, procedures, and

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practices which would produce the most cost-effective property

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insurance ratings.

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     (l)  Develop recommendations for local governments to use

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when pursuing partial or full privatization of building

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department functions. The recommendations shall include, but not

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be limited to, provisions relating to equivalency of service,

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conflict of interest, requirements for competency, liability,

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insurance, and long-term accountability.

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     (2)  For educational and public information purposes, the

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commission shall develop and publish an informational and

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explanatory document which contains descriptions of the roles and

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responsibilities of the licensed design professional, residential

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designer, contractor, and local building and fire code officials.

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The State Fire Marshal shall be responsible for developing and

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specifying roles and responsibilities for fire code officials.

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Such document may also contain descriptions of roles and

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responsibilities of other participants involved in the building

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codes system.

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     (3)  The commission may provide by rule for plans review and

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approval of prototype buildings owned by public and private

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entities to be replicated throughout the state. The rule must

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allow for review and approval of plans and changes to approved

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plans for prototype buildings to be performed by a public or

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private entity with oversight by the commission. The department

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may charge reasonable fees to cover the administrative costs of

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the program. Such approved plans or prototype buildings shall be

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exempt from further review required by s. 553.79(2), except

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changes to the prototype design, site plans, and other site-

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related items. Changes to an approved plan may be approved by the

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local building department or by the public or private entity that

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approved the plan. As provided in s. 553.73, prototype buildings

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are exempt from any locally adopted amendment to any part of the

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Florida Building Code. Construction or erection of such prototype

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buildings is subject to local permitting and inspections pursuant

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to this part.

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     (4)  The commission may produce and distribute a commentary

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document to accompany the Florida Building Code. The commentary

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must be limited in effect to providing technical assistance and

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must not have the effect of binding interpretations of the code

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document itself.

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     (5) The commission may implement its recommendations

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delivered pursuant to subsection (2) of section 48 of chapter

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2007-73, Laws of Florida, by amending the Florida Energy

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Efficiency Code for Building Construction as provided in s.

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     (6)(5) A member of the Florida Building Commission may

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abstain from voting in any matter before the commission which

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would inure to the commissioner's special private gain or loss,

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which the commissioner knows would inure to the special private

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gain or loss of any principal by whom he or she is retained or to

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the parent organization or subsidiary of a corporate principal by

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which he or she is retained, or which he or she knows would inure

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to the special private gain or loss of a relative or business

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associate of the commissioner. A commissioner shall abstain from

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voting under the foregoing circumstances if the matter is before

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the commission under ss. 120.569, 120.60, and 120.80. The

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commissioner shall, before the vote is taken, publicly state to

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the assembly the nature of the commissioner's interest in the

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matter from which he or she is abstaining from voting and, within

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15 days after the vote occurs, disclose the nature of his other

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interest as a public record in a memorandum filed with the person

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responsible for recording the minutes of the meeting, who shall

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incorporate the memorandum in the minutes.

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     Section 2.  This act shall take effect July 1, 2008.

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


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