May 24, 2019
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Florida Senate - 2008 CS for CS for CS for CS for SB 560

By the Committees on Transportation and Economic Development Appropriations; Environmental Preservation and Conservation; Regulated Industries; Community Affairs; and Senator Constantine

606-07674-08 2008560c4

1

A bill to be entitled

2

An act relating to energy efficiency and conservation;

3

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

4

the use of solar collectors and other energy devices;

5

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

6

future land use element of a local comprehensive plan to

7

include energy-efficient land use patterns and greenhouse

8

gas reduction strategies; requiring that the traffic-

9

circulation element of a local comprehensive plan

10

incorporate transportation strategies to reduce greenhouse

11

gas emissions; requiring that the land use map or map

12

series contained in the future land use element of a local

13

comprehensive plan identify and depict energy

14

conservation; requiring that the home element of a local

15

comprehensive plan include energy efficiency in the design

16

and construction of new housing and use of renewable

17

energy resources; providing that certain counties may not

18

receive state affordable housing funds under certain

19

circumstances; requiring each unit of local government

20

within an urbanized area to amend the transportation

21

element of a local comprehensive plan to incorporate

22

transportation strategies addressing reduction in

23

greenhouse gas emissions; amending s. 489.105, F.S.;

24

expanding the scope of the definition of "roofing

25

contractor" to include contractors performing required

26

roof-deck attachments and any repair or replacement of

27

wood roof sheathing or fascia as needed during roof repair

28

or replacement; amending s. 553.36, F.S.; redefining the

29

term "manufactured building" for purposes of the Florida

30

Manufactured Building Act to include modular and factory-

31

built buildings; amending s. 553.37, F.S.; requiring the

32

Department of Community Affairs to adopt rules related to

33

the inspection, construction, and modification of

34

manufactured buildings; requiring the department to

35

develop an insignia to be affixed to newly constructed

36

manufactured buildings; authorizing the department to

37

charge a fee for the insignia; providing requirements for

38

the insignia; requiring the department to develop minimum

39

criteria for a manufacturer's data plate; amending s.

40

553.381, F.S.; conforming provisions; amending s. 553.415,

41

F.S.; requiring the department to require that an insignia

42

be affixed to all newly constructed factory-built school

43

buildings; providing requirements for the manufacturer's

44

data plate; amending s. 553.71, F.S.; providing a

45

definition; amending s. 553.73, F.S.; expanding required

46

codes to be included in Florida Building Code updates;

47

expanding the list of reasons the commission may amend the

48

Florida Building Code; providing requirements for the

49

retroactive application of parts of the Florida Building

50

Code to commercial wireless communications towers;

51

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

52

selecting members of the Florida Building Commission;

53

revising membership of the commission; deleting obsolete

54

provisions; amending s. 553.75, F.S.; authorizing the

55

Florida Building Commission to use communications media

56

technology in conducting its meetings or meetings held in

57

conjunction with commission meetings; providing for public

58

comment at meetings of the commission; amending s. 553.77,

59

F.S.; authorizing the commission to implement

60

recommendations relating to energy efficiency in

61

residential and commercial buildings; amending s. 553.775,

62

F.S.; authorizing the commission to render declaratory

63

statements; amending s. 553.80, F.S.; providing that the

64

enforcement of construction regulations relating to

65

facilities for mental health treatment are under the

66

jurisdiction of the Department of Children and Family

67

Services; amending s. 553.842, F.S.; requiring the

68

commission to review the list of product evaluation

69

entities; providing reporting requirements; providing for

70

rulemaking; designating an entity as an approved

71

production evaluation entity until October, 1, 2009;

72

providing criteria for substitution of approved products  

73

under certain conditions; providing for the expiration of

74

certain product approvals; amending s. 553.844, F.S.;

75

revising provisions requiring the adoption of certain

76

mitigation techniques by the Florida Building Commission

77

within the Florida Building Code for certain structures;

78

amending s. 553.885, F.S.; requiring the installation of

79

carbon monoxide detectors in certain new hospitals,

80

hospice and nursing homes facilities; creating s. 553.886,

81

F.S.; requiring that the Florida Building Code facilitate

82

and promote the use of certain renewable energy

83

technologies in buildings; amending s. 553.901, F.S.;

84

requiring the commission to adopt by rule a definition of

85

the term "cost-effective"; creating s. 553.9061, F.S.;

86

establishing a schedule of required increases in the

87

energy performance of buildings subject to the Florida

88

Building Code; providing a process for implementing goals

89

to increase energy-efficiency performance in new

90

buildings; providing a schedule for the implementation of

91

such goals; identifying energy-efficiency performance

92

options and elements available to meet energy-efficiency

93

performance requirements; providing a schedule for the

94

review and adoption of renewable energy-efficiency goals

95

by the commission; requiring the commission to conduct a

96

study to evaluate the energy-efficiency rating of new

97

buildings and appliances; requiring the commission to

98

submit a report to the President of the Senate and the

99

Speaker of the House of Representatives on or before a

100

specified date; requiring the commission to conduct a

101

study to evaluate opportunities to restructure the Florida

102

Energy Code for Building Construction, including the

103

integration of the Thermal Efficiency Code, the Energy

104

Conservation Standards Act, and the Florida Building

105

Energy-Efficiency Rating Act; requiring the commission to

106

submit a report to the President of the Senate and the

107

Speaker of the House of Representatives on or before a

108

specified date; directing the Department of Community

109

Affairs, in conjunction with the Florida Energy

110

Affordability Council, to identify and review issues

111

relating to the Low-Income Home Energy Assistance Program

112

and the Weatherization Assistance Program; requiring the

113

submission of a report to the President of the Senate and

114

the Speaker of the House of Representatives on or before a

115

specified date; providing for the expiration of certain

116

study requirements; repealing s. 553.731 F.S., relating to

117

wind-borne debris protection requirements; amending s.

118

718.113, F.S.; authorizing the board of a condominium or a

119

multicondominium to install solar collectors,

120

clotheslines, or other energy-efficient devices on

121

association property; requiring the Florida Building

122

Commission to include certain information in its report to

123

the Legislature; providing an effective date.

124

125

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

126

127

     Section 1.  Subsection (2) of section 163.04, Florida

128

Statutes, is amended to read:

129

     163.04  Energy devices based on renewable resources.--

130

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

131

binding agreement may not No deed restrictions, covenants, or

132

similar binding agreements running with the land shall prohibit

133

or have the effect of prohibiting solar collectors, clotheslines,

134

or other energy devices based on renewable resources from being

135

installed on buildings erected on the lots or parcels covered by

136

the deed restriction, covenant, declaration, or binding agreement

137

restrictions, covenants, or binding agreements. A property owner

138

may not be denied permission to install solar collectors or other

139

energy devices based on renewable resources by any entity granted

140

the power or right in any deed restriction, covenant,

141

declaration, or similar binding agreement to approve, forbid,

142

control, or direct alteration of property with respect to

143

residential dwellings and within the boundaries of a condominium

144

unit not exceeding three stories in height. For purposes of this

145

subsection, Such entity may determine the specific location where

146

solar collectors may be installed on the roof within an

147

orientation to the south or within 45° east or west of due south

148

if provided that such determination does not impair the effective

149

operation of the solar collectors.

150

     Section 2.  Paragraphs (a), (b), (d), (f), and (j) of

151

subsection (6) of section 163.3177, Florida Statutes, are amended

152

to read:

153

     163.3177  Required and optional elements of comprehensive

154

plan; studies and surveys.--

155

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

156

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

157

elements:

158

     (a)  A future land use plan element designating proposed

159

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

160

land for residential uses, commercial uses, industry,

161

agriculture, recreation, conservation, education, public

162

buildings and grounds, other public facilities, and other

163

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

164

encouraged to designate rural land stewardship areas, pursuant to

165

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

166

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

167

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

168

in the control and distribution of population densities and

169

building and structure intensities. The proposed distribution,

170

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

171

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

172

supplemented by goals, policies, and measurable objectives. The

173

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

174

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

175

accommodate anticipated growth; the projected population of the

176

area; the character of undeveloped land; the availability of

177

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

178

redevelopment, including the renewal of blighted areas and the

179

elimination of nonconforming uses which are inconsistent with the

180

character of the community; the compatibility of uses on lands

181

adjacent to or closely proximate to military installations; the

182

discouragement of urban sprawl; energy-efficient land use

183

patterns accounting for existing and future electric power

184

generation and transmission systems; greenhouse gas reduction

185

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

186

capital investment, and economic development that will strengthen

187

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

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may designate areas for future planned development use involving

189

combinations of types of uses for which special regulations may

190

be necessary to ensure development in accord with the principles

191

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

192

land use plan element shall include criteria to be used to

193

achieve the compatibility of adjacent or closely proximate lands

194

with military installations. In addition, for rural communities,

195

the amount of land designated for future planned industrial use

196

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

197

job creation, capital investment, and the necessity to strengthen

198

and diversify the local economies, and shall not be limited

199

solely by the projected population of the rural community. The

200

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

201

possible future municipal incorporation. The land use maps or map

202

series shall generally identify and depict historic district

203

boundaries and shall designate historically significant

204

properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

206

incentives and criteria that encourage the preservation of

207

recreational and commercial working waterfronts as defined in s.

208

342.07. The future land use element must clearly identify the

209

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

217

extent possible, within the land use categories in which public

218

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.

223

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

228

schools proximate to urban residential areas to the extent

229

possible and shall require that the local government seek to

230

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

233

neighborhoods. For schools serving predominantly rural counties,

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

235

agricultural land use category shall be eligible for the location

236

of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

238

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

241

existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

243

by June 30, 2006.

244

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

245

locations, and extent of existing and proposed major

246

thoroughfares and transportation routes, including bicycle and

247

pedestrian ways. Transportation corridors, as defined in s.

248

334.03, may be designated in the traffic circulation element

249

pursuant to s. 337.273. If the transportation corridors are

250

designated, the local government may adopt a transportation

251

corridor management ordinance. The traffic circulation element

252

shall incorporate transportation strategies to address reduction

253

in greenhouse gas emissions from the transportation sector.

254

     (d)  A conservation element for the conservation, use, and

255

protection of natural resources in the area, including air,

256

water, water recharge areas, wetlands, waterwells, estuarine

257

marshes, soils, beaches, shores, flood plains, rivers, bays,

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lakes, harbors, forests, fisheries and wildlife, marine habitat,

259

minerals, and other natural and environmental resources,

260

including factors that affect energy conservation. Local

261

governments shall assess their current, as well as projected,

262

water needs and sources for at least a 10-year period,

263

considering the appropriate regional water supply plan approved

264

pursuant to s. 373.0361, or, in the absence of an approved

265

regional water supply plan, the district water management plan

266

approved pursuant to s. 373.036(2). This information shall be

267

submitted to the appropriate agencies. The land use map or map

268

series contained in the future land use element shall generally

269

identify and depict the following:

270

     1.  Existing and planned waterwells and cones of influence

271

where applicable.

272

     2.  Beaches and shores, including estuarine systems.

273

     3.  Rivers, bays, lakes, flood plains, and harbors.

274

     4.  Wetlands.

275

     5.  Minerals and soils.

276

     6. Energy conservation.

277

278

The land uses identified on such maps shall be consistent with

279

applicable state law and rules.

280

     (f)1.  A housing element consisting of standards, plans, and

281

principles to be followed in:

282

     a.  The provision of housing for all current and anticipated

283

future residents of the jurisdiction.

284

     b.  The elimination of substandard dwelling conditions.

285

     c.  The structural and aesthetic improvement of existing

286

housing.

287

     d.  The provision of adequate sites for future housing,

288

including affordable workforce housing as defined in s.

289

380.0651(3)(j), housing for low-income, very low-income, and

290

moderate-income families, mobile homes, and group home facilities

291

and foster care facilities, with supporting infrastructure and

292

public facilities.

293

     e.  Provision for relocation housing and identification of

294

historically significant and other housing for purposes of

295

conservation, rehabilitation, or replacement.

296

     f.  The formulation of housing implementation programs.

297

     g.  The creation or preservation of affordable housing to

298

minimize the need for additional local services and avoid the

299

concentration of affordable housing units only in specific areas

300

of the jurisdiction.

301

     h. Energy efficiency in the design and construction of new

302

housing.

303

     i. Use of renewable energy resources.

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     j. h. By July 1, 2008, Each county in which the gap between

305

the buying power of a family of four and the median county home

306

sale price exceeds $170,000, as determined by the Florida Housing

307

Finance Corporation, and which is not designated as an area of

308

critical state concern shall adopt a plan for ensuring affordable

309

workforce housing. At a minimum, the plan shall identify adequate

310

sites for such housing. For purposes of this sub-subparagraph,

311

the term "workforce housing" means housing that is affordable to

312

natural persons or families whose total household income does not

313

exceed 140 percent of the area median income, adjusted for

314

household size.

315

     k. As a precondition to receiving any state affordable

316

housing funding or allocation for any project or program within

317

the jurisdiction of a county that is subject to sub-subparagraph

318

j., a county must, by July 1 of each year, provide certification

319

that the county has complied with the requirements of sub-

320

subparagraph j.

321

     i. Failure by a local government to comply with the

322

requirement in sub-subparagraph h. will result in the local

323

government being ineligible to receive any state housing

324

assistance grants until the requirement of sub-subparagraph h. is

325

met.

326

327

The goals, objectives, and policies of the housing element must

328

be based on the data and analysis prepared on housing needs,

329

including the affordable housing needs assessment. State and

330

federal housing plans prepared on behalf of the local government

331

must be consistent with the goals, objectives, and policies of

332

the housing element. Local governments are encouraged to use

333

utilize job training, job creation, and economic solutions to

334

address a portion of their affordable housing concerns.

335

     2.  To assist local governments in housing data collection

336

and analysis and assure uniform and consistent information

337

regarding the state's housing needs, the state land planning

338

agency shall conduct an affordable housing needs assessment for

339

all local jurisdictions on a schedule that coordinates the

340

implementation of the needs assessment with the evaluation and

341

appraisal reports required by s. 163.3191. Each local government

342

shall utilize the data and analysis from the needs assessment as

343

one basis for the housing element of its local comprehensive

344

plan. The agency shall allow a local government the option to

345

perform its own needs assessment, if it uses the methodology

346

established by the agency by rule.

347

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

348

area designated for purposes of s. 339.175, a transportation

349

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

350

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

351

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

352

     1.  Traffic circulation, including major thoroughfares and

353

other routes, including bicycle and pedestrian ways.

354

     2.  All alternative modes of travel, such as public

355

transportation, pedestrian, and bicycle travel.

356

     3.  Parking facilities.

357

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

358

facilities, and intermodal terminals.

359

     5.  The availability of facilities and services to serve

360

existing land uses and the compatibility between future land use

361

and transportation elements.

362

     6.  The capability to evacuate the coastal population prior

363

to an impending natural disaster.

364

     7.  Airports, projected airport and aviation development,

365

and land use compatibility around airports.

366

     8.  An identification of land use densities, building

367

intensities, and transportation management programs to promote

368

public transportation systems in designated public transportation

369

corridors so as to encourage population densities sufficient to

370

support such systems.

371

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

372

334.03, intended for future transportation facilities designated

373

pursuant to s. 337.273. If transportation corridors are

374

designated, the local government may adopt a transportation

375

corridor management ordinance.

376

     10. The incorporation of transportation strategies to

377

address reduction in greenhouse gas emissions from the

378

transportation sector.

379

     Section 3.  Paragraph (e) of subsection (3) of section

380

489.105, Florida Statutes, is amended to read:

381

     489.105  Definitions.--As used in this part:

382

     (3)  "Contractor" means the person who is qualified for, and

383

shall only be responsible for, the project contracted for and

384

means, except as exempted in this part, the person who, for

385

compensation, undertakes to, submits a bid to, or does himself or

386

herself or by others construct, repair, alter, remodel, add to,

387

demolish, subtract from, or improve any building or structure,

388

including related improvements to real estate, for others or for

389

resale to others; and whose job scope is substantially similar to

390

the job scope described in one of the subsequent paragraphs of

391

this subsection. For the purposes of regulation under this part,

392

"demolish" applies only to demolition of steel tanks over 50 feet

393

in height; towers over 50 feet in height; other structures over

394

50 feet in height, other than buildings or residences over three

395

stories tall; and buildings or residences over three stories

396

tall. Contractors are subdivided into two divisions, Division I,

397

consisting of those contractors defined in paragraphs (a)-(c),

398

and Division II, consisting of those contractors defined in

399

paragraphs (d)-(q):

400

     (e)  "Roofing contractor" means a contractor whose services

401

are unlimited in the roofing trade and who has the experience,

402

knowledge, and skill to install, maintain, repair, alter, extend,

403

or design, when not prohibited by law, and use materials and

404

items used in the installation, maintenance, extension, and

405

alteration of all kinds of roofing, waterproofing, and coating,

406

except when coating is not represented to protect, repair,

407

waterproof, stop leaks, or extend the life of the roof. The scope

408

of work of a roofing contractor also includes required roof-deck

409

attachments and any repair or replacement of wood roof sheathing

410

or fascia as needed during roof repair or replacement.

411

     Section 4.  Subsection (13) of section 553.36, Florida

412

Statutes, is amended to read:

413

     553.36  Definitions.--The definitions contained in this

414

section govern the construction of this part unless the context

415

otherwise requires.

416

     (13) "Manufactured building", "modular building," or

417

"factory-built building" means a closed structure, building

418

assembly, or system of subassemblies, which may include

419

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

420

service systems manufactured in manufacturing facilities for

421

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

422

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

423

residential, commercial, institutional, storage, and industrial

424

structures. The term includes buildings not intended for human

425

habitation such as lawn storage buildings and storage sheds

426

manufactured and assembled offsite by a manufacturer certified in

427

conformance with this part. This part does not apply to mobile

428

homes.

429

     Section 5.  Section 553.37, Florida Statutes, is amended to

430

read:

431

     553.37  Rules; inspections; and insignia.--

432

     (1)  The Florida Building Commission shall adopt within the

433

Florida Building Code requirements for construction or

434

modification of manufactured buildings and building modules, to

435

address:

436

     (a)  Submittal to and approval by the department of

437

manufacturers' drawings and specifications, including any

438

amendments.

439

     (b)  Submittal to and approval by the department of

440

manufacturers' internal quality control procedures and manuals,

441

including any amendments.

442

     (c) Minimum inspection criteria. Procedures and

443

qualifications for approval of third-party plan review and

444

inspection entities and of those who perform inspections and plan

445

reviews.

446

     (2) The department shall adopt rules to address:

447

     (a) Procedures and qualifications for approval of third-

448

party plan review and inspection agencies and of those who

449

perform inspections and plan reviews.

450

     (b)(d) Investigation of consumer complaints of

451

noncompliance of manufactured buildings with the Florida Building

452

Code and the Florida Fire Prevention Code.

453

     (c)(e) Issuance, cancellation, and revocation of any

454

insignia issued by the department and procedures for auditing and

455

accounting for disposition of them.

456

     (d)(f) Monitoring the manufacturers', inspection agencies'

457

entities', and plan review agencies' entities' compliance with

458

this part and the Florida Building Code. Monitoring may include,

459

but is not limited to, performing audits of plans, inspections of

460

manufacturing facilities and observation of the manufacturing and

461

inspection process, and onsite inspections of buildings.

462

     (e)(g) The performance by the department of any other

463

functions required by this part.

464

     (3)(2) After the effective date of the Florida Building

465

Code, no manufactured building, except as provided in subsection

466

(12) (11), may be installed in this state unless it is approved

467

and bears the insignia of approval of the department and a

468

manufacturer's data plate. Approvals issued by the department

469

under the provisions of the prior part shall be deemed to comply

470

with the requirements of this part.

471

     (4)(3) All manufactured buildings issued and bearing

472

insignia of approval pursuant to subsection (3) (2) shall be

473

deemed to comply with the Florida Building Code and are exempt

474

from local amendments enacted by any local government.

475

     (5)(4) No manufactured building bearing department insignia

476

of approval pursuant to subsection (3) (2) shall be in any way

477

modified prior to installation, except in conformance with the

478

Florida Building Code.

479

     (6)(5) Manufactured buildings which have been issued and

480

bear the insignia of approval pursuant to this part upon

481

manufacture or first sale shall not require an additional

482

approval or insignia by a local government in which they are

483

subsequently sold or installed. Buildings or structures that meet

484

the definition of "open construction" are subject to permitting

485

by the local jurisdiction and are not required to bear insignia.

486

     (7)(6) If the department Florida Building Commission

487

determines that the standards for construction and inspection of

488

manufactured buildings prescribed by statute or rule of another

489

state are at least equal to the Florida Building Code and that

490

such standards are actually enforced by such other state, it may

491

provide by rule that the manufactured building which has been

492

inspected and approved by such other state shall be deemed to

493

have been approved by the department and shall authorize the

494

affixing of the appropriate insignia of approval.

495

     (8)(7) The department Florida Building Commission, by rule,

496

shall establish a schedule of fees to pay the cost of incurred by

497

the department for the work related to administration and

498

enforcement of this part.

499

     (9)(8) The department may delegate its enforcement

500

authority to a state department having building construction

501

responsibilities or a local government. The department may

502

delegate its plan review and inspection authority to one or more

503

of the following in any combination:

504

     (a) A state department having building construction

505

responsibilities;,

506

     (b) A local government;,

507

     (c) An approved inspection agency;,

508

     (d) An approved plan review agency;, or

509

     (e) An agency of another state.

510

     (9) If the commission delegates its inspection authority to

511

third-party approved inspection agencies, manufacturers must have

512

one, and only one, inspection agency responsible for inspection

513

of a manufactured building, module, or component at all times.

514

     (10) The department shall develop an insignia to be affixed

515

to all newly constructed buildings by the manufacturer or the

516

inspection agency prior to the building leaving the plant. The

517

department may charge a fee for issuing such insignias. Such

518

insignias shall bear the department's name, the state seal, an

519

identification number unique to that insignia, and such other

520

information as the department may require by rule. If the

521

commission delegates its inspection authority to third-party

522

approved plan review agencies, manufacturers must have one, and

523

only one, plan review agency responsible for review of plans of a

524

manufactured building, module, or component at all times.

525

     (11) The department shall by rule develop minimum criteria

526

for manufacturer's data that must be affixed to all newly

527

constructed buildings by the manufacturer prior to the building

528

leaving the plant. Custom or one-of-a-kind prototype manufactured

529

buildings shall not be required to have state approval but must

530

comply with all local requirements of the governmental agency

531

having jurisdiction at the installation site.

532

     Section 6.  Subsections (1) and (3) of section 553.381,

533

Florida Statutes, are amended to read:

534

     553.381  Manufacturer certification.--

535

     (1)  Before manufacturing buildings to be located within

536

this state or selling manufactured buildings within this state,

537

whichever occurs later, a manufacturer must be certified by the

538

department. The department shall certify a manufacturer upon

539

receipt from the manufacturer and approval and verification by

540

the department of the following:

541

     (a)  The manufacturer's internal quality control procedures

542

and manuals, including any amendments;

543

     (b)  Evidence that the manufacturer has product liability

544

insurance for the safety and welfare of the public in amounts

545

determined by rule of the department commission; and

546

     (c) The fee established by the department commission under

547

s. 553.37(8) s. 553.37(7).

548

     (3)  Certification of manufacturers under this section shall

549

be for a period of 3 years, subject to renewal by the

550

manufacturer. Upon application for renewal, the manufacturer must

551

submit the information described in subsection (1) or a sworn

552

statement that there has been no change in the status or content

553

of that information since the manufacturer's last submittal. Fees

554

for renewal of manufacturers' certification shall be established

555

by the department commission by rule.

556

     Section 7.  Subsections (11) and (12) of section 553.415,

557

Florida Statutes, are amended to read:

558

     553.415  Factory-built school buildings.--

559

     (11) The department shall require that an insignia bearing

560

the department's name and state seal and a manufacturer's data

561

plate develop a unique identification label to be affixed to all

562

newly constructed factory-built school buildings and existing

563

factory-built school buildings which have been brought into

564

compliance with the standards for existing "satisfactory"

565

buildings pursuant to chapter 5 of the Uniform Code for Public

566

Educational Facilities, and after March 1, 2002, the Florida

567

Building Code. The department may charge a fee for issuing such

568

insignias labels. The manufacturer's data plate Such labels,

569

bearing the department's name and state seal, shall, at a

570

minimum, contain:

571

     (a)  The name of the manufacturer.

572

     (b)  The standard plan approval number or alteration number.

573

     (c)  The date of manufacture or alteration.

574

     (d)  The serial or other identification number.

575

     (e)  The following designed-for loads: lbs. per square foot

576

live load; lbs. per square foot floor live load; lbs. per square

577

foot horizontal wind load; and lbs. per square foot wind uplift

578

load.

579

     (f)  The designed-for flood zone usage.

580

     (g)  The designed-for wind zone usage.

581

     (h)  The designed-for enhanced hurricane protection zone

582

usage: yes or no.

583

     (12) Such insignia and data plate identification label

584

shall be permanently affixed by the manufacturer in the case of

585

newly constructed factory-built school buildings, or by the

586

department or its designee in the case of an existing factory-

587

built building altered to comply with provisions of s. 1013.20.

588

     Section 8.  Subsection (11) is added to section 553.71,

589

Florida Statutes, to read:

590

     553.71  Definitions.--As used in this part, the term:

591

     (11) "Temporary" includes, but is not limited to, buildings

592

identified by, but not designated as permanent structures on, an

593

approved development order.

594

     Section 9.  Paragraph (a) of subsection (6) and subsection

595

(7) of section 553.73, Florida Statutes, are amended, and

596

subsection (13) is added to that section, to read:

597

     553.73  Florida Building Code.--

598

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

599

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

600

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

601

commission shall select the most current version of the

602

International Building Code, the International Fuel Gas Code, the

603

International Mechanical Code, the International Plumbing Code,

604

and the International Residential Code, all of which are adopted

605

by the International Code Council, and the National Electrical

606

Code, which is adopted by the National Fire Protection

607

Association, to form the foundation codes of the updated Florida

608

Building Code, if the version has been adopted by the applicable

609

model code entity and made available to the public at least 6

610

months prior to its selection by the commission. The commission

611

shall select the most current version of the International Energy

612

Conservation Code as a foundation code if the code is modified by

613

the commission to maintain the compliance methods and policies,

614

without diminishing the building component efficiencies, of the

615

Florida Energy Efficiency Code for Building Construction adopted

616

and amended pursuant to s. 553.901.

617

     (7)  Notwithstanding the provisions of subsection (3) or

618

subsection (6), the commission may address issues identified in

619

this subsection by amending the code pursuant only to the rule

620

adoption procedures contained in chapter 120. Provisions of the

621

Florida Building Code, including those contained in referenced

622

standards and criteria, relating to wind resistance or the

623

prevention of water intrusion may not be amended pursuant to this

624

subsection to diminish those construction requirements; however,

625

the commission may, subject to conditions in this subsection,

626

amend the provisions to enhance those construction requirements.

627

Following the approval of any amendments to the Florida Building

628

Code by the commission and publication of the amendments on the

629

commission's website, authorities having jurisdiction to enforce

630

the Florida Building Code may enforce the amendments. The

631

commission may approve amendments that are needed to address:

632

     (a)  Conflicts within the updated code;

633

     (b)  Conflicts between the updated code and the Florida Fire

634

Prevention Code adopted pursuant to chapter 633;

635

     (c)  The omission of previously adopted Florida-specific

636

amendments to the updated code if such omission is not supported

637

by a specific recommendation of a technical advisory committee or

638

particular action by the commission;

639

     (d)  Unintended results from the integration of previously

640

adopted Florida-specific amendments with the model code; or

641

     (e) Changes to federal or state law; or.

642

     (f) Adoption of an updated edition of the National

643

Electrical Code if the commission finds that delay of

644

implementing the updated edition causes undue hardship to

645

stakeholders or otherwise threatens the public health, safety,

646

and welfare.

647

     (13) The general provisions of the Florida Building Code

648

for buildings and other structures shall not apply to commercial

649

wireless communication towers which shall be subject to the

650

provisions of the code controlling radio and television towers.

651

This subsection is intended to be remedial in nature and to

652

clarify existing law.

653

     Section 10.  Subsections (1) and (2) of section 553.74,

654

Florida Statutes, are amended to read:

655

     553.74  Florida Building Commission.--

656

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

657

located within the Department of Community Affairs for

658

administrative purposes. Members shall be appointed by the

659

Governor subject to confirmation by the Senate. The commission

660

shall be composed of 25 23 members, consisting of the following:

661

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

662

actively engaged in the profession. The American Institute of

663

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

664

candidates for consideration.

665

     (b)  One structural engineer registered to practice in this

666

state and actively engaged in the profession. The Florida

667

Engineering Society is encouraged to recommend a list of

668

candidates for consideration.

669

     (c)  One air-conditioning or mechanical contractor certified

670

to do business in this state and actively engaged in the

671

profession. The Florida Air Conditioning Contractors Association,

672

the Florida Refrigeration and Air Conditioning Contractors

673

Association, and the Mechanical Contractors Association of

674

Florida are encouraged to recommend a list of candidates for

675

consideration.

676

     (d)  One electrical contractor certified to do business in

677

this state and actively engaged in the profession. The Florida

678

Electrical Contractors Association and the National Electrical

679

Contractors Association, Florida Chapter, are encouraged to

680

recommend a list of candidates for consideration.

681

     (e)  One member from fire protection engineering or

682

technology who is actively engaged in the profession. The Florida

683

Chapter of the Society of Fire Protection Engineers and the

684

Florida Fire Marshals and Inspectors Association are encouraged

685

to recommend a list of candidates for consideration.

686

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

687

state and actively engaged in the profession. The Associated

688

Builders and Contractors of Florida, the Florida Associated

689

General Contractors Council, and the Union Contractors

690

Association are encouraged to recommend a list of candidates for

691

consideration.

692

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

693

state and actively engaged in the profession. The Florida

694

Association of Plumbing, Heating, and Cooling Contractors is

695

encouraged to recommend a list of candidates for consideration.

696

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

697

business in this state and actively engaged in the profession.

698

The Florida Roofing, Sheet Metal, and Air Conditioning

699

Contractors Association and the Sheet Metal and Air Conditioning

700

Contractors National Association are encouraged to recommend a

701

list of candidates for consideration.

702

     (i)  One residential contractor licensed to do business in

703

this state and actively engaged in the profession. The Florida

704

Home Builders Association is encouraged to recommend a list of

705

candidates for consideration.

706

     (j)  Three members who are municipal or district codes

707

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

708

Building Officials Association of Florida and the Florida Fire

709

Marshals and Inspectors Association are encouraged to recommend a

710

list of candidates for consideration.

711

     (k)  One member who represents the Department of Financial

712

Services.

713

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

714

The Building Officials Association of Florida is encouraged to

715

recommend a list of candidates for consideration.

716

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

717

with disabilities or a nationally chartered organization of

718

persons with disabilities with chapters in this state.

719

     (n)  One member of the manufactured buildings industry who

720

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

721

in the industry. The Florida Manufactured Housing Association is

722

encouraged to recommend a list of candidates for consideration.

723

     (o)  One mechanical or electrical engineer registered to

724

practice in this state and actively engaged in the profession.

725

The Florida Engineering Society is encouraged to recommend a list

726

of candidates for consideration.

727

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

728

a charter county. The Florida League of Cities and the Florida

729

Association of Counties are encouraged to recommend a list of

730

candidates for consideration.

731

     (q)  One member of the building products manufacturing

732

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

733

actively engaged in the industry. The Florida Building Material

734

Association, the Florida Concrete and Products Association, and

735

the Fenestration Manufacturers Association are encouraged to

736

recommend a list of candidates for consideration.

737

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

738

owners and managers industry who is actively engaged in

739

commercial building ownership or management. The Building Owners

740

and Managers Association is encouraged to recommend a list of

741

candidates for consideration.

742

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

743

industry. The Florida Insurance Council is encouraged to

744

recommend a list of candidates for consideration.

745

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

746

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

747

to do business in this state and actively engaged in the

748

profession. The Florida Swimming Pool Association and the United

749

Pool and Spa Association are encouraged to recommend a list of

750

candidates for consideration shall be the chair.

751

     (v) One member who is a representative of the green

752

building industry and who is a third-party commission agent, a

753

Florida board member of the United States Green Building Council

754

or Green Building Initiative, or a LEED-accredited professional.

755

     (w) One member who shall be the chair.

756

757

Any person serving on the commission under paragraph (c) or

758

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

759

two full terms is eligible for reappointment to the commission

760

regardless of whether he or she meets the new qualification.

761

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

762

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

763

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

764

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

765

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

766

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

767

Florida Building Commission shall be appointed after February 1,

768

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

769

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

770

cease to meet the qualifications for original appointment,

771

through ceasing to be a practicing member of the profession

772

indicated or otherwise, shall thereby forfeit membership on the

773

commission.

774

     Section 11.  Section 553.75, Florida Statutes, is amended to

775

read:

776

553.75  Organization of commission; rules and regulations;

777

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

778

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

779

commission shall annually elect from its appointive members such

780

officers as it may choose.

781

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

782

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

783

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

784

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

785

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

786

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

787

constitute a quorum.

788

     (3)  The department shall be responsible for the provision

789

of administrative and staff support services relating to the

790

functions of the commission. With respect to matters within the

791

jurisdiction of the commission, the department shall be

792

responsible for the implementation and faithful discharge of all

793

decisions of the commission made pursuant to its authority under

794

the provisions of this part. The department is specifically

795

authorized to use communications media technology in conducting

796

meetings of the commission or any meetings held in conjunction

797

with meetings of the commission.

798

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

799

encourage participation by interested persons in attendance. At a

800

minimum, the commission shall provide one opportunity for

801

interested members of the public in attendance at a meeting to

802

comment on each proposed action of the commission before a final

803

vote is taken on any motion.

804

     Section 12.  Present subsection (5) of section 553.77,

805

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

806

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

807

     553.77  Specific powers of the commission.--

808

     (5) The commission may implement its recommendations

809

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

810

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

811

Efficiency Code for Building Construction as provided in s.

813

     Section 13.  Subsection (5) of section 553.775, Florida

814

Statutes, is amended to read:

815

     553.775  Interpretations.--

816

     (5) The commission may render declaratory statements in

817

accordance with s. 120.565 relating to the provisions of the

818

Florida Accessibility Code for Building Construction not

819

attributable to the Americans with Disabilities Act Accessibility

820

Guidelines. Notwithstanding the other provisions of this section,

821

the Florida Accessibility Code for Building Construction and

822

chapter 11 of the Florida Building Code may not be interpreted

823

by, and are not subject to review under, any of the procedures

824

specified in this section. This subsection has no effect upon the

825

commission's authority to waive the Florida Accessibility Code

826

for Building Construction as provided by s. 553.512.

827

     Section 14.  Paragraph (a) of subsection (1) of section

828

553.80, Florida Statutes, is amended to read:

829

     553.80  Enforcement.--

830

     (1)  Except as provided in paragraphs (a)-(f), each local

831

government and each legally constituted enforcement district with

832

statutory authority shall regulate building construction and,

833

where authorized in the state agency's enabling legislation, each

834

state agency shall enforce the Florida Building Code required by

835

this part on all public or private buildings, structures, and

836

facilities, unless such responsibility has been delegated to

837

another unit of government pursuant to s. 553.79(9).

838

     (a)  Construction regulations relating to correctional

839

facilities under the jurisdiction of the Department of

840

Corrections or and the Department of Juvenile Justice and secure

841

mental health treatment facilities under the jurisdiction of the

842

Department of Children and Family Services shall are to be

843

enforced exclusively by those departments.

844

845

The governing bodies of local governments may provide a schedule

846

of fees, as authorized by s. 125.56(2) or s. 166.222 and this

847

section, for the enforcement of the provisions of this part. Such

848

fees shall be used solely for carrying out the local government's

849

responsibilities in enforcing the Florida Building Code. The

850

authority of state enforcing agencies to set fees for enforcement

851

shall be derived from authority existing on July 1, 1998.

852

However, nothing contained in this subsection shall operate to

853

limit such agencies from adjusting their fee schedule in

854

conformance with existing authority.

855

     Section 15.  Subsection (17) is added to section 553.842,

856

Florida Statutes, to read:

857

     553.842  Product evaluation and approval.--

858

     (17)(a) The Florida Building Commission shall review the

859

list of evaluation entities in subsection (8) and, in the annual

860

report required under s. 553.77, shall either recommend

861

amendments to the list to add evaluation entities the commission

862

determines should be authorized to perform product evaluations or

863

shall report on the criteria adopted by rule or to be adopted by

864

rule allowing the commission to approve evaluation entities that

865

use the commission's product evaluation process. If the

866

commission adopts criteria by rule, the rulemaking process must

867

be completed by July 1, 2009.

868

     (b) Notwithstanding paragraph (8)(a), the International

869

Association of Plumbing and Mechanical Officials Evaluation

870

Services is approved as an evaluation entity until October 1,

871

2009. If the association does not obtain permanent approval by

872

the commission as an evaluation entity by October 1, 2009,

873

products approved on the basis of an association evaluation must

874

be substituted by an alternative, approved entity by December 31,

875

2009, and on January 1, 2010, any product approval issued by the

876

commission based on an association evaluation is void.

877

     Section 16.  Paragraph (b) of subsection (2) of section

878

553.844, Florida Statutes, is amended to read:

879

     553.844  Windstorm loss mitigation; requirements for roofs

880

and opening protection.--

881

     (2)  The Florida Building Commission shall:

882

     (b)  Develop and adopt within the Florida Building Code a

883

means to incorporate recognized mitigation techniques for site-

884

built, single-family residential structures constructed before

885

prior to the implementation of the Florida Building Code,

886

including, but not limited to:

887

     1.  Prescriptive techniques for the installation of gable-

888

end bracing;

889

     2.  Secondary water barriers for roofs and standards

890

relating to secondary water barriers. The criteria may include,

891

but need not be limited to, roof shape, slope, and composition of

892

all elements of the roof system. The criteria may not be limited

893

to one method or material for a secondary water barrier;

894

     3.  Prescriptive techniques for improvement of roof-to-wall

895

connections. The Legislature recognizes that the cost of

896

retrofitting existing buildings to meet the code requirements for

897

new construction in this regard may exceed the practical benefit

898

to be attained. The Legislature intends for the commission to

899

provide for the integration of alternate, lower-cost means that

900

may be employed to retrofit existing buildings that are not

901

otherwise required to comply with the requirements of the Florida

902

Building Code for new construction so that the cost of such

903

improvements does not exceed approximately 15 percent of the cost

904

of reroofing. Roof-to-wall connections shall not be required

905

unless evaluation and installation of connections at gable ends

906

or all corners can be completed for 15 percent of the cost of

907

roof replacement. For houses that have both hip and gable roof

908

ends, the priority shall be to retrofit the gable end roof-to-

909

wall connections unless the width of the hip is more than 1.5

910

times greater than the width of the gable end. Priority shall be

911

given to connecting the corners of roofs to walls below the

912

locations at which the spans of the roofing members are greatest;

913

     4.  Strengthening or correcting roof-decking attachments and

914

fasteners during reroofing; and

915

     5.  Adding or strengthening opening protections.

916

     Section 17.  Subsection (1) of section 553.885, Florida

917

Statutes, is amended to read:

918

     553.885  Carbon monoxide alarm required.--

919

     (1) Every building, other than a hospital, a hospice

920

facility, or a nursing home facility licensed by the Agency for

921

Health Care Administration, for which a building permit is issued

922

for new construction on or after July 1, 2008, and having a

923

fossil-fuel-burning heater or appliance, a fireplace, or an

924

attached garage shall have an approved operational carbon

925

monoxide alarm installed within 10 feet of each room used for

926

sleeping purposes. For a new hospital, a hospice facility, or a

927

nursing home facility licensed by the Agency for Health Care

928

Administration, an approved operational carbon monoxide detector

929

shall be installed inside or directly outside of each room or

930

area within the hospital or facility were a fossil-fuel burning

931

heater, engine, or appliance is located. This detector shall be

932

connected to the fire-alarm system of the hospital or facility as

933

a supervisory signal.

934

     Section 18.  Section 553.886, Florida Statutes, is created

935

to read:

936

     553.886 Energy-efficiency technologies.--The provisions of

937

the Florida Building Code must facilitate and promote the use of

938

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

939

renewable energy technologies in buildings.

940

     Section 19.  Section 553.901, Florida Statutes, is amended

941

to read:

942

     553.901  Purpose of thermal efficiency code.--The Department

943

of Community Affairs shall prepare a thermal efficiency code to

944

provide for a statewide uniform standard for energy efficiency in

945

the thermal design and operation of all buildings statewide,

946

consistent with energy conservation goals, and to best provide

947

for public safety, health, and general welfare. The Florida

948

Building Commission shall adopt the Florida Energy Efficiency

949

Code for Building Construction within the Florida Building Code,

950

and shall modify, revise, update, and maintain the code to

951

implement the provisions of this thermal efficiency code and

952

amendments thereto, in accordance with the procedures of chapter

953

120. The department shall, at least triennially, determine the

954

most cost-effective energy-saving equipment and techniques

955

available and report its determinations to the commission, which

956

shall update the code to incorporate such equipment and

957

techniques. The proposed changes shall be made available for

958

public review and comment no later than 6 months prior to code

959

implementation. Before adoption of any additional amendments to

960

the Florida Energy Efficiency Code for Building Construction, the

961

commission shall adopt by rule a definition of the term "cost-

962

effective," for the purposes of this part, which shall include

963

the criteria and measures to be used by the commission to

964

evaluate proposed amendments shall be construed to mean cost-

965

effective to the consumer.

966

     Section 20.  Section 553.9061, Florida Statutes, is created

967

to read:

968

     553.9061 Scheduled increases in thermal efficiency

969

standards.--

970

     (1) This section establishes a schedule of required

971

increases in the energy-efficiency performance of buildings that

972

are subject to the requirements for energy efficiency as

973

contained in the current edition of the Florida Building Code.

974

The Florida Building Commission shall implement the following

975

energy-efficiency goals using the triennial code-adoption process

976

established for updates to the Florida Building Code in s.

977

553.73:

978

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

979

Building Code to increase the energy-efficiency performance of

980

new buildings by at least 20 percent as compared to the

981

performance achieved as a result of the implementation of the

982

energy-efficiency provisions contained in the 2004 edition of the

983

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

984

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

985

Building Code to increase the energy-efficiency performance of

986

new buildings by at least 30 percent as compared to the

987

performance achieved as a result of the implementation of the

988

energy-efficiency provisions contained in the 2004 edition of the

989

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

990

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

991

Building Code to increase the energy-efficiency performance of

992

new buildings by at least 40 percent as compared to the

993

performance achieved as a result of the implementation of the

994

energy-efficiency provisions contained in the 2004 edition of the

995

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

996

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

997

Building Code to increase the energy-efficiency performance of

998

new buildings by at least 50 percent as compared to the

999

performance achieved as a result of the implementation of the

1000

energy-efficiency provisions contained in the 2004 edition of the

1001

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

1002

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

1003

compliance documentation the specific building options and

1004

elements available to meet the energy-efficiency performance

1005

requirements under subsection (1). Energy-efficiency performance

1006

options and elements include, but are not limited to:

1007

     (a) Solar water heating;

1008

     (b) Energy-efficient appliances;

1009

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

1010

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

1011

     (e) Enhanced ceiling and wall insulation;

1012

     (f) Reduced-leak duct systems;

1013

     (g) Programmable thermostats; and

1014

     (h) Energy-efficient lighting systems.

1015

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

1016

efficiency goals established in subsection (1) at least once

1017

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

1018

triennial code-adoption process established in s. 553.73.

1019

     Section 21. (1) The Florida Building Commission shall

1020

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

1021

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

1022

current energy-efficiency ratings and consumer labeling

1023

requirements specified in chapter 553, Florida Statutes. The

1024

commission shall submit a written report of its study to the

1025

President of the Senate and the Speaker of the House of

1026

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

1027

contain the commission's recommendations regarding the

1028

strengthening and integration of energy-efficiency ratings and

1029

labeling requirements.

1030

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

1031

     Section 22. (1) The Florida Building Commission shall

1032

conduct a study to evaluate opportunities to restructure the

1033

Florida Energy Efficiency Code for Building Construction to

1034

achieve long-range improvements to building energy performance.

1035

During such study, the commission shall address the integration

1036

of the Thermal Efficiency Code established in part V of chapter

1037

553, Florida Statutes, the Energy Conservation Standards Act

1038

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

1039

Florida Building Energy-Efficiency Rating Act established in part

1040

VIII of chapter 553, Florida Statutes.

1041

     (2) The commission shall submit a report containing

1042

specific recommendations on the integration of the code and acts

1043

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

1044

the Speaker of the House of Representatives on or before February

1045

1, 2009.

1046

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

1047

     Section 23. (1) The Department of Community Affairs, in

1048

conjunction with the Florida Energy Affordability Coalition,

1049

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

1050

Energy Assistance Program and the Weatherization Assistance

1051

Program, and identify recommendations that:

1052

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

1053

     (b) Maximize available financial and energy-conservation

1054

assistance;

1055

     (c) Improve the quality of service to customers seeking

1056

assistance; and

1057

     (d) Educate customers to make informed decisions regarding

1058

energy use and conservation.

1059

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

1060

report its findings and any recommended statutory changes

1061

required to implement such findings to the President of the

1062

Senate and the Speaker of the House of Representatives.

1063

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

1064

     Section 24. Section 553.731, Florida Statutes, is repealed.

1065

     Section 25.  Subsection (6) is added to section 718.113,

1066

Florida Statutes, to read:

1067

     718.113  Maintenance; limitation upon improvement; display

1068

of flag; hurricane shutters.--

1069

     (6) Notwithstanding the provisions of this section or the

1070

governing documents of a condominium or a multicondominium

1071

association, the board of administration may, without any

1072

requirement for approval of the unit owners, install upon or

1073

within the common elements or association property solar

1074

collectors, clotheslines, or other energy-efficient devices based

1075

on renewable resources for the benefit of the unit owners.

1076

     Section 26. The Florida Building Commission shall submit

1077

the text of the rule required by section 19 of this act to the

1078

Legislature in its report to the 2009-2010 Legislature, and shall

1079

provide an effective date for the rule by July 1, 2009.

1080

     Section 27.  This act shall take effect July 1, 2008.

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

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