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Florida Senate - 2008 CS for SB 560

By the Committee on Community Affairs; and Senator Constantine

578-04545A-08 2008560c1

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A bill to be entitled

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An act relating to energy efficiency and conservation;

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amending s. 163.04, F.S.; revising provisions authorizing

4

the use of solar collectors and other energy devices;

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providing for the installation of solar collectors on

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certain condominium roofs; amending s. 163.3177, F.S.;

7

revising requirements for the future land use element of a

8

local comprehensive plan to include energy-efficient land

9

use patterns; requiring that the traffic-circulation

10

element of a local comprehensive plan incorporate

11

transportation strategies to reduce greenhouse gas

12

emissions; requiring each unit of local government within

13

an urbanized area to amend the transportation element of a

14

local comprehensive plan to incorporate transportation

15

strategies addressing reduction in greenhouse gas

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emissions; requiring local governments to adopt an energy

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element by January, 2011, as part of a local comprehensive

18

plan; amending s. 553.73, F.S.; expanding required codes

19

to be included in Florida Building Code updates; amending

20

s. 553.74., F.S.; revising requirements for selecting

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members of the Florida Building Commission; revising

22

membership of the commission; amending s. 553.77, F.S.;

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authorizing the commission to implement recommendations

24

relating to energy efficiency in residential and

25

commercial buildings; creating s. 553.886, F.S.; requiring

26

that the Florida Building Code facilitate and promote the

27

use of certain renewable energy technologies in buildings;

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creating s. 553.9061, F.S.; establishing a schedule of

29

required increases in the energy performance of buildings

30

subject to the Florida Building Code; providing a process

31

for implementing goals to increase energy-efficiency

32

performance in new buildings; providing a schedule for the

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implementation of such goals; identifying energy-

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efficiency performance options and elements available to

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meet energy-efficiency performance requirements; providing

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a schedule for the review and adoption of renewable

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energy-efficiency goals by the commission; requiring the

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commission to conduct a study to evaluate the energy-

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efficiency rating of new buildings and appliances;

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requiring the commission to submit a report to the

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President of the Senate and the Speaker of the House of

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Representatives on or before a specified date; requiring

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the commission to conduct a study to evaluate

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opportunities to restructure the Florida Energy Code for

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Building Construction, including the integration of the

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Thermal Efficiency Code, the Energy Conservation Standards

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Act, and the Florida Building Energy-Efficiency Rating

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Act; requiring the commission to submit a report to the

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President of the Senate and the Speaker of the House of

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Representatives on or before a specified date; directing

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the Department of Community Affairs, in conjunction with

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the Florida Energy Affordability Council, to identify and

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review issues relating to the Low-Income Home Energy

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Assistance Program and the Weatherization Assistance

55

Program; requiring the submission of a report to the

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President of the Senate and the Speaker of the House of

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Representatives on or before a specified date; providing

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for the expiration of certain study requirements;

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repealing s. 553.731 F.S.; relating to wind-borne debris

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protection requirements; 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.  Subsection (2) of section 163.04, Florida

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Statutes, is amended to read:

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     163.04  Energy devices based on renewable resources.--

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     (2) A deed restriction, covenant, declaration, or similar

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binding agreement may not No deed restrictions, covenants, or

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similar binding agreements running with the land shall prohibit

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or have the effect of prohibiting solar collectors, clotheslines,

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or other energy devices based on renewable resources from being

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installed on buildings erected on the lots or parcels covered by

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the deed restriction, covenant, declaration, or binding agreement

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restrictions, covenants, or binding agreements. A property owner

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may not be denied permission to install solar collectors or other

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energy devices based on renewable resources by any entity granted

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the power or right in any deed restriction, covenant,

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declaration, or similar binding agreement to approve, forbid,

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control, or direct alteration of property with respect to

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residential dwellings including condominiums. not exceeding three

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stories in height. For purposes of this subsection, Such entity

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may determine the specific location where solar collectors may be

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installed on the roof within an orientation to the south or

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within 45° east or west of due south if provided that such

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determination does not impair the effective operation of the

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solar collectors. Solar collectors may be installed on a

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condominium roof that is considered a common element of the

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condominium association.

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     Section 2.  Paragraphs (a), (b), and (j) of subsection 6 of

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section 163.3177, Florida Statutes, are amended and paragraph (l)

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is added to that subsection, to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; the

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discouragement of urban sprawl; energy-efficient land use

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patterns; and, in rural communities, the need for job creation,

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capital investment, and economic development that will strengthen

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and diversify the community's economy. The future land use plan

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may designate areas for future planned development use involving

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combinations of types of uses for which special regulations may

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be necessary to ensure development in accord with the principles

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and standards of the comprehensive plan and this act. The future

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land use plan element shall include criteria to be used to

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achieve the compatibility of adjacent or closely proximate lands

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with military installations. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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future land use plan of a county may also designate areas for

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of adjacent or closely proximate lands with

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existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

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by June 30, 2006.

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     (b)  A traffic circulation element consisting of the types,

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locations, and extent of existing and proposed major

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thoroughfares and transportation routes, including bicycle and

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pedestrian ways. Transportation corridors, as defined in s.

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334.03, may be designated in the traffic circulation element

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pursuant to s. 337.273. If the transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance. The traffic circulation element

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shall incorporate transportation strategies to address reduction

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in greenhouse gas emissions from the transportation sector.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     10. The incorporation of transportation strategies to

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address reduction in greenhouse gas emissions from the

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transportation sector.

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     (l) By January 1, 2011, an energy element consisting of

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existing and future electric power generation and transmission

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systems. Additionally, the energy element must address efforts to

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encourage the following:

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     1. Energy conservation;

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     2. Energy efficiency;

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     3. Use of renewable energy resources; and

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     4. Greenhouse gas reduction strategies.

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     Section 3.  Paragraph (a) of subsection (6) of section

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553.73, Florida Statutes, is amended to read:

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     553.73  Florida Building Code.--

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     (6)(a)  The commission, by rule adopted pursuant to ss.

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120.536(1) and 120.54, shall update the Florida Building Code

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every 3 years. When updating the Florida Building Code, the

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commission shall select the most current version of the

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International Building Code, the International Fuel Gas Code, the

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International Mechanical Code, the International Plumbing Code,

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the International Energy Conservation Code, and the International

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Residential Code, all of which are adopted by the International

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Code Council, and the National Electrical Code, which is adopted

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by the National Fire Protection Association, to form the

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foundation codes of the updated Florida Building Code, if the

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version has been adopted by the applicable model code entity and

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made available to the public at least 6 months prior to its

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selection by the commission.

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     Section 4.  Subsection (1) of section 553.74, Florida

249

Statutes, is amended to read:

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     553.74  Florida Building Commission.--

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     (1)  The Florida Building Commission is created and shall be

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located within the Department of Community Affairs for

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administrative purposes. Members shall be appointed by the

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Governor subject to confirmation by the Senate. The commission

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shall be composed of 23 members, consisting of the following:

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     (a)  One architect registered to practice in this state and

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actively engaged in the profession. The American Institute of

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Architects, Florida Section, is encouraged to recommend a list of

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candidates for consideration.

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     (b)  One structural engineer registered to practice in this

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state and actively engaged in the profession. The Florida

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Engineering Society is encouraged to recommend a list of

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candidates for consideration.

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     (c)  One air-conditioning or mechanical contractor certified

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to do business in this state and actively engaged in the

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profession. The Florida Air Conditioning Contractors Association

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and the Florida Refrigeration and Air Conditioning Contractors

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Association are encouraged to recommend a list of candidates for

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consideration.

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     (d)  One electrical contractor certified to do business in

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this state and actively engaged in the profession. The Florida

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Electrical Contractors Association is encouraged to recommend a

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list of candidates for consideration.

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     (e)  One member from fire protection engineering or

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technology who is actively engaged in the profession. The Florida

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Chapter of the Society of Fire Protection Engineers and the

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Florida Fire Marshals and Inspectors Association are encouraged

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to recommend a list of candidates for consideration.

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     (f)  One general contractor certified to do business in this

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state and actively engaged in the profession. The Associated

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Builders and Contractors of Florida and the Florida Associated

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General Contractors Council are encouraged to recommend a list of

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candidates for consideration.

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     (g)  One plumbing contractor licensed to do business in this

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state and actively engaged in the profession. The Florida

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Association of Plumbing, Heating, and Cooling Contractors is

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encouraged to recommend a list of candidates for consideration.

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     (h)  One roofing or sheet metal contractor certified to do

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business in this state and actively engaged in the profession.

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The Florida Roofing, Sheet Metal and Air Conditioning Contractors

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Association is encouraged to recommend a list of candidates for

292

consideration.

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     (i)  One residential contractor licensed to do business in

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this state and actively engaged in the profession. The Florida

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Home Builders Association is encouraged to recommend a list of

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candidates for consideration.

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     (j)  Three members who are municipal or district codes

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enforcement officials, one of whom is also a fire official. The

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Building Officials Association of Florida and the Florida Fire

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Marshals and Inspectors Association are encouraged to recommend a

301

list of candidates for consideration.

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     (k)  One member who represents the Department of Financial

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Services.

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     (l)  One member who is a county codes enforcement official.

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The Building Officials Association of Florida is encouraged to

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recommend a list of candidates for consideration.

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     (m)  One member of a Florida-based organization of persons

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with disabilities or a nationally chartered organization of

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persons with disabilities with chapters in this state.

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     (n)  One member of the manufactured buildings industry who

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is licensed to do business in this state and is actively engaged

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in the industry. The Florida Manufactured Housing Association is

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encouraged to recommend a list of candidates for consideration.

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     (o)  One mechanical or electrical engineer registered to

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practice in this state and actively engaged in the profession.

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The Florida Engineering Society is encouraged to recommend a list

317

of candidates for consideration.

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     (p)  One member who is a representative of a municipality or

319

a charter county. The Florida League of Cities and Florida

320

Association of Counties are encouraged to recommend a list of

321

candidates for consideration.

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     (q)  One member of the building products manufacturing

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industry who is authorized to do business in this state and is

324

actively engaged in the industry. The Florida Building Material

325

Association, Florida Concrete and Products Association, and

326

Fenestration Manufacturers Association are encouraged to

327

recommend a list of candidates for consideration.

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     (r)  One member who is a representative of the building

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owners and managers industry who is actively engaged in

330

commercial building ownership or management. The Building Owners

331

and Managers Association is encouraged to recommend a list of

332

candidates for consideration.

333

     (s)  One member who is a representative of the insurance

334

industry. The Florida Insurance Council is encouraged to

335

recommend a list of candidates for consideration.

336

     (t)  One member who is a representative of public education.

337

     (u) One member who is a swimming pool contractor licensed

338

to do business in this state and actively engaged in the

339

profession. The Florida Swimming Pool Association is encouraged

340

to recommend a list of candidates for consideration who shall be

341

the chair.

342

343

One of the 23 members shall be designated the chair of the

344

commission. Any person serving on the commission under paragraph

345

(c) or paragraph (h) on October 1, 2003, and who has served less

346

than two full terms is eligible for reappointment to the

347

commission regardless of whether he or she meets the new

348

qualification.

349

     Section 5.  Present subsection (5) of section 553.77,

350

Florida Statutes, is renumbered as subsection (6), and a new

351

subsection (5) is added to that section, to read:

352

     553.77  Specific powers of the commission.--

353

     (5) The commission may implement its recommendations

354

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

355

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

356

Efficiency Code for Building Construction as provided in s.

358

     Section 6.  Section 553.886, Florida Statutes, is created to

359

read:

360

     553.886 Energy-efficiency technologies.--The provisions of

361

the Florida Building Code must facilitate and promote the use of

362

cost-effective energy conservation, energy-demand management, and

363

renewable energy technologies in buildings.

364

     Section 7.  Section 553.9061, Florida Statutes, is created

365

to read:

366

     553.9061 Scheduled increases in thermal efficiency

367

standards.--

368

     (1) This section establishes a schedule of required

369

increases in the energy-efficiency performance of buildings that

370

are subject to the requirements for energy efficiency as

371

contained in the current edition of the Florida Building Code.

372

The Florida Building Commission shall implement the following

373

energy-efficiency goals using the triennial code-adoption process

374

established for updates to the Florida Building Code in s.

375

553.73:

376

     (a) Include requirements in the 2010 edition of the Florida

377

Building Code to increase the energy-efficiency performance of

378

new buildings by at least 20 percent as compared to the

379

performance achieved as a result of the implementation of the

380

energy-efficiency provisions contained in the current edition of

381

the Florida Building Code;

382

     (b) Include requirements in the 2013 edition of the Florida

383

Building Code to increase the energy-efficiency performance of

384

new buildings by at least 30 percent as compared to the

385

performance achieved as a result of the implementation of the

386

energy-efficiency provisions contained in the current edition of

387

the Florida Building Code;

388

     (c) Include requirements in the 2016 edition of the Florida

389

Building Code to increase the energy-efficiency performance of

390

new buildings by at least 40 percent as compared to the

391

performance achieved as a result of the implementation of the

392

energy-efficiency provisions contained in the current edition of

393

the Florida Building Code; and

394

     (d) Include requirements in the 2019 edition of the Florida

395

Building Code to increase the energy-efficiency performance of

396

new buildings by at least 50 percent as compared to the

397

performance achieved as a result of the implementation of the

398

energy-efficiency provisions contained in the current edition of

399

the Florida Building Code.

400

     (2) The commission shall identify in any code-support and

401

compliance documentation the specific building options and

402

elements available to meet the energy-efficiency performance

403

requirements required under subsection (1). Energy-efficiency

404

performance options and elements include, but are not limited to:

405

     (a) Solar water heating;

406

     (b) Energy-efficient appliances;

407

     (c) Energy-efficient windows, doors, and skylights;

408

     (d) Low solar-absorption roofs, also known as "cool roofs";

409

     (e) Enhanced ceiling and wall insulation;

410

     (f) Reduced-leak duct systems;

411

     (g) Programmable thermostats; and

412

     (h) Energy-efficient lighting systems.

413

     (3) The Florida Energy Commission shall review the energy-

414

efficiency goals established in subsection (1) at least once

415

every 3 years, and such review must be completed before the

416

triennial code-adoption process established in s. 553.73.

417

     Section 8. (1) The Florida Building Commission shall

418

conduct a study to evaluate the energy-efficiency rating of new

419

buildings and appliances. The study must include a review of the

420

current energy-efficiency ratings and consumer labeling

421

requirements contained in chapter 553, Florida Statutes. The

422

commission shall submit a written report of its study to the

423

President of the Senate and the Speaker of the House of

424

Representatives on or before February 1, 2009. The report must

425

contain the commission's recommendations regarding the

426

strengthening and integration of energy-efficiency ratings and

427

labeling requirements.

428

     (2) The provisions of this section expire July 1, 2009.

429

     Section 9. (1) The Florida Building Commission shall

430

conduct a study to evaluate opportunities to restructure the

431

Florida Energy Efficiency Code for Building Construction to

432

achieve long-range improvements to building energy performance.

433

During such study, the commission shall address the integration

434

of the Thermal Efficiency Code established in part V of chapter

435

553, Florida Statutes, the Energy Conservation Standards Act

436

established in part VI of chapter 553, Florida Statutes, and the

437

Florida Building Energy-Efficiency Rating Act established in part

438

VIII of chapter 553, Florida Statutes.

439

     (2) The commission shall submit a report containing

440

specific recommendations on the integration of the code and acts

441

identified in subsection (1) to the President of the Senate and

442

the Speaker of the House of Representatives on or before February

443

1, 2009.

444

     (3) The provisions of this section expire July 1, 2009.

445

     Section 10. (1) The Department of Community Affairs, in

446

conjunction with the Florida Energy Affordability Coalition,

447

shall identify and review issues relating to the Low-Income Home

448

Energy Assistance Program and the Weatherization Assistance

449

Program, and identify recommendations that:

450

     (a) Support customer health, safety, and well-being;

451

     (b) Maximize available financial and energy-conservation

452

assistance;

453

     (c) Improve the quality of service to customers seeking

454

assistance; and

455

     (d) Educate customers to make informed decisions regarding

456

energy use and conservation.

457

     (2) On or before January 1, 2009, the department shall

458

report its findings and any recommended statutory changes

459

required to implement such findings to the President of the

460

Senate and the Speaker of the House of Representatives.

461

     (3) The provisions of this section expire July 1, 2009.

462

     Section 11. Section 553.731, Florida Statutes, is repealed.

463

     Section 12.  This act shall take effect July 1, 2008.

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

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