May 27, 2019
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Florida Senate - 2008 CS for CS for SB 560

By the Committees on Regulated Industries; Community Affairs; and Senator Constantine

580-05220A-08 2008560c2

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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

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the use of solar collectors and other energy devices;

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amending s. 163.3177, F.S.; revising requirements for the

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future land use element of a local comprehensive plan to

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include energy-efficient land use patterns; requiring that

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the traffic-circulation element of a local comprehensive

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plan incorporate transportation strategies to reduce

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greenhouse gas emissions; requiring each unit of local

11

government within an urbanized area to amend the

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transportation element of a local comprehensive plan to

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incorporate transportation strategies addressing reduction

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in greenhouse gas emissions; requiring local governments

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to adopt an energy element by January, 2011, as part of a

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local comprehensive plan; amending s. 553.36, F.S.;

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redefining the term "manufactured building" for purposes

18

of the Florida Manufactured Building Act to include

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modular and factory-built buildings; amending s. 553.73,

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F.S.; expanding required codes to be included in Florida

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Building Code updates; amending s. 553.74., F.S.; revising

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requirements for selecting members of the Florida Building

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Commission; revising membership of the commission;

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deleting obsolete provisions; amending s. 553.75, F.S.;

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authorizing the Florida Building Commission to use

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communications media technology in conducting its meetings

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or meetings held in conjunction with commission meetings;

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providing for public comment at meetings of the

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commission; amending s. 553.77, F.S.; authorizing the

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commission to implement recommendations relating to energy

31

efficiency in residential and commercial buildings;

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creating s. 553.886, F.S.; requiring that the Florida

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Building Code facilitate and promote the use of certain

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renewable energy technologies in buildings; creating s.

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553.9061, F.S.; establishing a schedule of required

36

increases in the energy performance of buildings subject

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to the Florida Building Code; providing a process for

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implementing goals to increase energy-efficiency

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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

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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; amending s. 718.113, F.S.;

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authorizing the board of a condominium or a

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multicondominium install solar collectors, clotheslines,

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or other energy-efficient devices on association property;

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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

76

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 condominium units. not exceeding

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

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entity may determine the specific location where solar collectors

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may be installed on the roof within an orientation to the south

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or 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.

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

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of section 163.3177, Florida Statutes, are amended, and paragraph

100

(l) is added to that subsection, to read:

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     163.3177  Required and optional elements of comprehensive

102

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

108

land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

110

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

124

area; the character of undeveloped land; the availability of

125

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

126

redevelopment, including the renewal of blighted areas and the

127

elimination of nonconforming uses which are inconsistent with the

128

character of the community; the compatibility of uses on lands

129

adjacent to or closely proximate to military installations; the

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discouragement of urban sprawl; energy-efficient land use

131

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

132

capital investment, and economic development that will strengthen

133

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

137

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

138

land use plan element shall include criteria to be used to

139

achieve the compatibility of adjacent or closely proximate lands

140

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

144

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

148

series shall generally identify and depict historic district

149

boundaries and shall designate historically significant

150

properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

152

incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

154

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.  Subsection (13) of section 553.36, Florida

241

Statutes, is amended to read:

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     553.36  Definitions.--The definitions contained in this

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section govern the construction of this part unless the context

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otherwise requires.

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     (13)  "Manufactured building" means a closed structure,

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building assembly, or system of subassemblies, which may include

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structural, electrical, plumbing, heating, ventilating, or other

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service systems manufactured in manufacturing facilities for

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installation or erection as a finished building or as part of a

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finished building, which shall include, but not be limited to,

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residential, commercial, institutional, storage, modular, and

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factory-built buildings and industrial structures. The term

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includes buildings not intended for human habitation such as lawn

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storage buildings and storage sheds manufactured and assembled

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offsite by a manufacturer certified in conformance with this

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part. This part does not apply to mobile homes.

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     Section 4.  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 5.  Subsections (1) and (2) of section 553.74,

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Florida Statutes, are 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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the Florida Refrigeration and Air Conditioning Contractors

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Association, and the Mechanical Contractors Association of

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Florida are encouraged to recommend a list of candidates for

296

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 and the National Electrical

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Contractors Association, Florida Chapter, are encouraged to

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recommend a 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, the Florida Associated

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General Contractors Council, and the Union Contractors

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Association are encouraged to recommend a list of candidates for

312

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 and the Sheet Metal and Air Conditioning Contractors

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National Association are encouraged to recommend a list of

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candidates for 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

325

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

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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

342

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

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of candidates for consideration.

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

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a charter county. The Florida League of Cities and Florida

350

Association of Counties are encouraged to recommend a list of

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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

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actively engaged in the industry. The Florida Building Material

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Association, Florida Concrete and Products Association, and

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Fenestration Manufacturers Association are encouraged to

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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

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commercial building ownership or management. The Building Owners

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and Managers Association is encouraged to recommend a list of

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candidates for consideration.

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

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industry. The Florida Insurance Council is encouraged to

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recommend a list of candidates for consideration.

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

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

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to do business in this state and actively engaged in the

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profession. The Florida Swimming Pool Association and the United

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Pool and Spa Association are encouraged to recommend a list of

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candidates for consideration who shall be the chair.

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The Governor shall designate one of the 23 members to serve as

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the chair of the commission who shall serve as the chair at the

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pleasure of the Governor. Any person serving on the commission

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under paragraph (c) or paragraph (h) on October 1, 2003, and who

377

has served less than two full terms is eligible for reappointment

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to the commission regardless of whether he or she meets the new

379

qualification.

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     (2) All appointments shall be for terms of 4 years, except

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that of the chair who shall serve at the pleasure of the

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Governor. Each person who is a member of the Board of Building

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Codes and Standards on the effective date of this act shall serve

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the remainder of their term as a member of the Florida Building

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Commission. Except for the chair, newly created positions on the

386

Florida Building Commission shall be appointed after February 1,

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1999. A vacancy shall be filled for the remainder of the

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unexpired term. Any member who shall, during his or her term,

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cease to meet the qualifications for original appointment,

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through ceasing to be a practicing member of the profession

391

indicated or otherwise, shall thereby forfeit membership on the

392

commission.

393

     Section 6.  Section 553.75, Florida Statutes, is amended to

394

read:

395

553.75  Organization of commission; rules and regulations;

396

meetings; staff; fiscal affairs; public comment.--

397

     (1)  The commission shall meet on call of the secretary. The

398

commission shall annually elect from its appointive members such

399

officers as it may choose.

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     (2)  The commission shall meet at the call of its chair, at

401

the request of a majority of its membership, at the request of

402

the department, or at such times as may be prescribed by its

403

rules. The members shall be notified in writing of the time and

404

place of a regular or special meeting at least 7 days in advance

405

of the meeting. A majority of members of the commission shall

406

constitute a quorum.

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     (3)  The department shall be responsible for the provision

408

of administrative and staff support services relating to the

409

functions of the commission. With respect to matters within the

410

jurisdiction of the commission, the department shall be

411

responsible for the implementation and faithful discharge of all

412

decisions of the commission made pursuant to its authority under

413

the provisions of this part. The department is specifically

414

authorized to use communications media technology in conducting

415

meetings of the commission or any meetings held in conjunction

416

with meetings of the commission.

417

     (4) Meetings of the commission shall be conducted so as to

418

encourage participation by interested persons in attendance. At a

419

minimum, the commission shall provide one opportunity for

420

interested members of the public in attendance at a meeting to

421

comment on each proposed action of the commission before a final

422

vote is taken on any motion.

423

     Section 7.  Present subsection (5) of section 553.77,

424

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

425

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

426

     553.77  Specific powers of the commission.--

427

     (5) The commission may implement its recommendations

428

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

429

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

430

Efficiency Code for Building Construction as provided in s.

432

     Section 8.  Section 553.886, Florida Statutes, is created to

433

read:

434

     553.886 Energy-efficiency technologies.--The provisions of

435

the Florida Building Code must facilitate and promote the use of

436

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

437

renewable energy technologies in buildings.

438

     Section 9.  Section 553.9061, Florida Statutes, is created

439

to read:

440

     553.9061 Scheduled increases in thermal efficiency

441

standards.--

442

     (1) This section establishes a schedule of required

443

increases in the energy-efficiency performance of buildings that

444

are subject to the requirements for energy efficiency as

445

contained in the current edition of the Florida Building Code.

446

The Florida Building Commission shall implement the following

447

energy-efficiency goals using the triennial code-adoption process

448

established for updates to the Florida Building Code in s.

449

553.73:

450

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

451

Building Code to increase the energy-efficiency performance of

452

new buildings by at least 20 percent as compared to the

453

performance achieved as a result of the implementation of the

454

energy-efficiency provisions contained in the 2004 edition of the

455

Florida Building Code, as amended on May 22, 2007;

456

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

457

Building Code to increase the energy-efficiency performance of

458

new buildings by at least 30 percent as compared to the

459

performance achieved as a result of the implementation of the

460

energy-efficiency provisions contained in the 2004 edition of the

461

Florida Building Code, as amended on May 22, 2007;

462

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

463

Building Code to increase the energy-efficiency performance of

464

new buildings by at least 40 percent as compared to the

465

performance achieved as a result of the implementation of the

466

energy-efficiency provisions contained in the 2004 edition of the

467

Florida Building Code, as amended on May 22, 2007; and

468

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

469

Building Code to increase the energy-efficiency performance of

470

new buildings by at least 50 percent as compared to the

471

performance achieved as a result of the implementation of the

472

energy-efficiency provisions contained in the 2004 edition of the

473

Florida Building Code, as amended on May 22, 2007.

474

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

475

compliance documentation the specific building options and

476

elements available to meet the energy-efficiency performance

477

requirements required under subsection (1). Energy-efficiency

478

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

479

     (a) Solar water heating;

480

     (b) Energy-efficient appliances;

481

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

482

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

483

     (e) Enhanced ceiling and wall insulation;

484

     (f) Reduced-leak duct systems;

485

     (g) Programmable thermostats; and

486

     (h) Energy-efficient lighting systems.

487

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

488

efficiency goals established in subsection (1) at least once

489

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

490

triennial code-adoption process established in s. 553.73.

491

     Section 10. (1) The Florida Building Commission shall

492

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

493

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

494

current energy-efficiency ratings and consumer labeling

495

requirements contained in chapter 553, Florida Statutes. The

496

commission shall submit a written report of its study to the

497

President of the Senate and the Speaker of the House of

498

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

499

contain the commission's recommendations regarding the

500

strengthening and integration of energy-efficiency ratings and

501

labeling requirements.

502

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

503

     Section 11. (1) The Florida Building Commission shall

504

conduct a study to evaluate opportunities to restructure the

505

Florida Energy Efficiency Code for Building Construction to

506

achieve long-range improvements to building energy performance.

507

During such study, the commission shall address the integration

508

of the Thermal Efficiency Code established in part V of chapter

509

553, Florida Statutes, the Energy Conservation Standards Act

510

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

511

Florida Building Energy-Efficiency Rating Act established in part

512

VIII of chapter 553, Florida Statutes.

513

     (2) The commission shall submit a report containing

514

specific recommendations on the integration of the code and acts

515

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

516

the Speaker of the House of Representatives on or before February

517

1, 2009.

518

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

519

     Section 12. (1) The Department of Community Affairs, in

520

conjunction with the Florida Energy Affordability Coalition,

521

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

522

Energy Assistance Program and the Weatherization Assistance

523

Program, and identify recommendations that:

524

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

525

     (b) Maximize available financial and energy-conservation

526

assistance;

527

     (c) Improve the quality of service to customers seeking

528

assistance; and

529

     (d) Educate customers to make informed decisions regarding

530

energy use and conservation.

531

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

532

report its findings and any recommended statutory changes

533

required to implement such findings to the President of the

534

Senate and the Speaker of the House of Representatives.

535

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

536

     Section 13. Section 553.731, Florida Statutes, is repealed.

537

     Section 14.  Subsection (6) is added to section 718.113,

538

Florida Statutes, to read:

539

     718.113  Maintenance; limitation upon improvement; display

540

of flag; hurricane shutters.--

541

     (6) Notwithstanding the provisions of this section or the

542

governing documents of a condominium or a multicondominium

543

association, the board of administration may, without any

544

requirement for approval of the unit owners, install upon or

545

within the common elements or association property solar

546

collectors, clotheslines, or other energy-efficient devices based

547

on renewable resources for the benefit of the unit owners.

548

     Section 15.  This act shall take effect July 1, 2008.

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

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