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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 697

548260

CHAMBER ACTION

Senate

Floor: 1/AD/3R

5/2/2008 10:44 AM

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House

Floor: AD

5/2/2008 3:26 PM



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Senator Constantine moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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Statutes, is amended to read:

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     163.04  Energy devices based on renewable resources.--

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

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binding agreement may not No deed restrictions, covenants, or

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similar binding agreements running with the land shall prohibit

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or have the effect of prohibiting solar collectors, clotheslines,

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or other energy devices based on renewable resources from being

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installed on buildings erected on the lots or parcels covered by

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the deed restriction, covenant, declaration, or binding agreement

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restrictions, covenants, or binding agreements. A property owner

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may not be denied permission to install solar collectors or other

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energy devices based on renewable resources by any entity granted

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the power or right in any deed restriction, covenant,

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declaration, or similar binding agreement to approve, forbid,

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control, or direct alteration of property with respect to

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residential dwellings and within the boundaries of a condominium

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

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subsection, Such entity may determine the specific location where

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solar collectors may be installed on the roof within an

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

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if provided that such determination does not impair the effective

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operation of the solar collectors.

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

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

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to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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

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

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elements:

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     (a)  A future land use plan element designating proposed

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

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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

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encouraged to designate rural land stewardship areas, pursuant to

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

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

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

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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

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

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supplemented by goals, policies, and measurable objectives. The

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

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

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; the

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discouragement of urban sprawl; energy-efficient land use

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patterns accounting for existing and future electric power

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generation and transmission systems; greenhouse gas reduction

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

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capital investment, and economic development that will strengthen

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

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may designate areas for future planned development use involving

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combinations of types of uses for which special regulations may

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be necessary to ensure development in accord with the principles

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

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land use plan element shall include criteria to be used to

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achieve the compatibility of adjacent or closely proximate lands

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with military installations. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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

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When delineating the land use categories in which public schools

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

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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

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to comply with these school siting requirements will result in

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

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local comprehensive plan, except for plan amendments described in

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

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of adjacent or closely proximate lands with

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existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

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by June 30, 2006.

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

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locations, and extent of existing and proposed major

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thoroughfares and transportation routes, including bicycle and

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pedestrian ways. Transportation corridors, as defined in s.

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334.03, may be designated in the traffic circulation element

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pursuant to s. 337.273. If the transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance. The traffic circulation element

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shall incorporate transportation strategies to address reduction

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in greenhouse gas emissions from the transportation sector.

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

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protection of natural resources in the area, including air,

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water, water recharge areas, wetlands, waterwells, estuarine

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

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

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minerals, and other natural and environmental resources,

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including factors that affect energy conservation. Local

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governments shall assess their current, as well as projected,

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

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considering the appropriate regional water supply plan approved

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

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regional water supply plan, the district water management plan

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

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

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series contained in the future land use element shall generally

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identify and depict the following:

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     1.  Existing and planned waterwells and cones of influence

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where applicable.

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     2.  Beaches and shores, including estuarine systems.

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

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     4.  Wetlands.

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     5.  Minerals and soils.

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     6. Energy conservation.

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The land uses identified on such maps shall be consistent with

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applicable state law and rules.

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

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principles to be followed in:

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     a.  The provision of housing for all current and anticipated

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future residents of the jurisdiction.

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     b.  The elimination of substandard dwelling conditions.

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     c.  The structural and aesthetic improvement of existing

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housing.

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     d.  The provision of adequate sites for future housing,

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including affordable workforce housing as defined in s.

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

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

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and foster care facilities, with supporting infrastructure and

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public facilities.

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     e.  Provision for relocation housing and identification of

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historically significant and other housing for purposes of

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conservation, rehabilitation, or replacement.

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     f.  The formulation of housing implementation programs.

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     g.  The creation or preservation of affordable housing to

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minimize the need for additional local services and avoid the

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concentration of affordable housing units only in specific areas

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of the jurisdiction.

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     h. Energy efficiency in the design and construction of new

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housing.

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     i. Use of renewable energy resources.

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

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

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

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

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critical state concern shall adopt a plan for ensuring affordable

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

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

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

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

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household size.

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     k. As a precondition to receiving any state affordable

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housing funding or allocation for any project or program within

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

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

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that the county has complied with the requirements of sub-

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subparagraph j.

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     i. Failure by a local government to comply with the

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

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government being ineligible to receive any state housing

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

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met.

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

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

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including the affordable housing needs assessment. State and

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federal housing plans prepared on behalf of the local government

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

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the housing element. Local governments are encouraged to use

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utilize job training, job creation, and economic solutions to

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address a portion of their affordable housing concerns.

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     2.  To assist local governments in housing data collection

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and analysis and assure uniform and consistent information

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

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agency shall conduct an affordable housing needs assessment for

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all local jurisdictions on a schedule that coordinates the

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implementation of the needs assessment with the evaluation and

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appraisal reports required by s. 163.3191. Each local government

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shall utilize the data and analysis from the needs assessment as

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one basis for the housing element of its local comprehensive

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

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perform its own needs assessment, if it uses the methodology

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established by the agency by rule.

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

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377.806, Florida Statutes, is amended to read:

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     377.806  Solar Energy System Incentives Program.--

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     (3)  SOLAR THERMAL SYSTEM INCENTIVE.--

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     (a)  Eligibility requirements.--A solar thermal system

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qualifies for a rebate if:

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     1.  The system is installed by a state-licensed solar or

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plumbing contractor or a roofing contractor installing standing

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seam hybrid thermal roofs.

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     2.  The system complies with all applicable building codes

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as defined by the local jurisdictional authority.

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     Section 4.  Paragraph (e) of subsection (3) of section

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489.105, Florida Statutes, is amended to read:

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     489.105  Definitions.--As used in this part:

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

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shall only be responsible for, the project contracted for and

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

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

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

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

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including related improvements to real estate, for others or for

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

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the job scope described in one of the subsequent paragraphs of

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

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

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

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

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stories tall; and buildings or residences over three stories

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

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

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and Division II, consisting of those contractors defined in

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paragraphs (d)-(q):

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

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

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

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

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items used in the installation, maintenance, extension, and

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

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except when coating is not represented to protect, repair,

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

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

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attachments and any repair or replacement of wood roof sheathing

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or fascia as needed during roof repair or replacement.

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     Section 5.  Subsection (13) of section 553.36, Florida

303

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", "modular building," or

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

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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, and industrial

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structures. The term includes buildings not intended for human

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habitation such as lawn storage buildings and storage sheds

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manufactured and assembled offsite by a manufacturer certified in

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

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homes.

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     Section 6.  Section 553.37, Florida Statutes, is amended to

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read:

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     553.37  Rules; inspections; and insignia.--

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     (1)  The Florida Building Commission shall adopt within the

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Florida Building Code requirements for construction or

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modification of manufactured buildings and building modules, to

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address:

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     (a)  Submittal to and approval by the department of

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manufacturers' drawings and specifications, including any

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amendments.

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     (b)  Submittal to and approval by the department of

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manufacturers' internal quality control procedures and manuals,

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including any amendments.

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     (c) Minimum inspection criteria. Procedures and

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qualifications for approval of third-party plan review and

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inspection entities and of those who perform inspections and plan

336

reviews.

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     (2) The department shall adopt rules to address:

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     (a) Procedures and qualifications for approval of third-

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party plan review and inspection agencies and of those who

340

perform inspections and plan reviews.

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     (b)(d) Investigation of consumer complaints of

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noncompliance of manufactured buildings with the Florida Building

343

Code and the Florida Fire Prevention Code.

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

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insignia issued by the department and procedures for auditing and

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accounting for disposition of them.

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

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

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

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

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manufacturing facilities and observation of the manufacturing and

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inspection process, and onsite inspections of buildings.

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

354

functions required by this part.

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

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Code, no manufactured building, except as provided in subsection

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

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and bears the insignia of approval of the department and a

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manufacturer's data plate. Approvals issued by the department

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

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with the requirements of this part.

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

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

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deemed to comply with the Florida Building Code and are exempt

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from local amendments enacted by any local government.

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

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

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modified prior to installation, except in conformance with the

369

Florida Building Code.

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

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bear the insignia of approval pursuant to this part upon

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manufacture or first sale shall not require an additional

373

approval or insignia by a local government in which they are

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subsequently sold or installed. Buildings or structures that meet

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the definition of "open construction" are subject to permitting

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

377

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

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determines that the standards for construction and inspection of

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manufactured buildings prescribed by statute or rule of another

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

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

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provide by rule that the manufactured building which has been

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inspected and approved by such other state shall be deemed to

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have been approved by the department and shall authorize the

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affixing of the appropriate insignia of approval.

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

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

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the department for the work related to administration and

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enforcement of this part.

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

391

authority to a state department having building construction

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responsibilities or a local government. The department may

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delegate its plan review and inspection authority to one or more

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of the following in any combination:

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     (a) A state department having building construction

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responsibilities;,

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     (b) A local government;,

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     (c) An approved inspection agency;,

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     (d) An approved plan review agency;, or

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     (e) An agency of another state.

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     (9) If the commission delegates its inspection authority to

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third-party approved inspection agencies, manufacturers must have

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one, and only one, inspection agency responsible for inspection

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

405

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

406

to all newly constructed buildings by the manufacturer or the

407

inspection agency prior to the building leaving the plant. The

408

department may charge a fee for issuing such insignias. Such

409

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

410

identification number unique to that insignia, and such other

411

information as the department may require by rule. If the

412

commission delegates its inspection authority to third-party

413

approved plan review agencies, manufacturers must have one, and

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

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manufactured building, module, or component at all times.

416

     (11) The department shall by rule develop minimum criteria

417

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

418

constructed buildings by the manufacturer prior to the building

419

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

420

buildings shall not be required to have state approval but must

421

comply with all local requirements of the governmental agency

422

having jurisdiction at the installation site.

423

     Section 7.  Subsections (1) and (3) of section 553.381,

424

Florida Statutes, are amended to read:

425

     553.381  Manufacturer certification.--

426

     (1)  Before manufacturing buildings to be located within

427

this state or selling manufactured buildings within this state,

428

whichever occurs later, a manufacturer must be certified by the

429

department. The department shall certify a manufacturer upon

430

receipt from the manufacturer and approval and verification by

431

the department of the following:

432

     (a)  The manufacturer's internal quality control procedures

433

and manuals, including any amendments;

434

     (b)  Evidence that the manufacturer has product liability

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insurance for the safety and welfare of the public in amounts

436

determined by rule of the department commission; and

437

     (c) The fee established by the department commission under

438

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

439

     (3)  Certification of manufacturers under this section shall

440

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

441

manufacturer. Upon application for renewal, the manufacturer must

442

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

443

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

444

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

445

for renewal of manufacturers' certification shall be established

446

by the department commission by rule.

447

     Section 8.  Subsections (11) and (12) of section 553.415,

448

Florida Statutes, are amended to read:

449

     553.415  Factory-built school buildings.--

450

     (11) The department shall require that an insignia bearing

451

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

452

plate develop a unique identification label to be affixed to all

453

newly constructed factory-built school buildings and existing

454

factory-built school buildings which have been brought into

455

compliance with the standards for existing "satisfactory"

456

buildings pursuant to chapter 5 of the Uniform Code for Public

457

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

458

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

459

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

460

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

461

minimum, contain:

462

     (a)  The name of the manufacturer.

463

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

464

     (c)  The date of manufacture or alteration.

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     (d)  The serial or other identification number.

466

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

467

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

468

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

469

load.

470

     (f)  The designed-for flood zone usage.

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     (g)  The designed-for wind zone usage.

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     (h)  The designed-for enhanced hurricane protection zone

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usage: yes or no.

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     (12) Such insignia and data plate identification label

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shall be permanently affixed by the manufacturer in the case of

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newly constructed factory-built school buildings, or by the

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

478

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

479

     Section 9.  Subsection (11) is added to section 553.71,

480

Florida Statutes, to read:

481

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

482

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

483

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

484

approved development order.

485

     Section 10.  Paragraph (a) of subsection (6) and subsection

486

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

487

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

488

     553.73  Florida Building Code.--

489

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

490

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

491

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

492

commission shall select the most current version of the

493

International Building Code, the International Fuel Gas Code, the

494

International Mechanical Code, the International Plumbing Code,

495

and the International Residential Code, all of which are adopted

496

by the International Code Council, and the National Electrical

497

Code, which is adopted by the National Fire Protection

498

Association, to form the foundation codes of the updated Florida

499

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

500

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

501

months prior to its selection by the commission. The commission

502

shall select the most current version of the International Energy

503

Conservation Code (IECC) as a foundation code; however, the IECC

504

shall be modified by the commission to maintain the efficiencies

505

of the Florida Energy Efficiency Code for Building Construction

506

adopted and amended pursuant to s. 553.901.

507

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

508

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

509

this subsection by amending the code pursuant only to the rule

510

adoption procedures contained in chapter 120. Provisions of the

511

Florida Building Code, including those contained in referenced

512

standards and criteria, relating to wind resistance or the

513

prevention of water intrusion may not be amended pursuant to this

514

subsection to diminish those construction requirements; however,

515

the commission may, subject to conditions in this subsection,

516

amend the provisions to enhance those construction requirements.

517

Following the approval of any amendments to the Florida Building

518

Code by the commission and publication of the amendments on the

519

commission's website, authorities having jurisdiction to enforce

520

the Florida Building Code may enforce the amendments. The

521

commission may approve amendments that are needed to address:

522

     (a)  Conflicts within the updated code;

523

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

524

Prevention Code adopted pursuant to chapter 633;

525

     (c)  The omission of previously adopted Florida-specific

526

amendments to the updated code if such omission is not supported

527

by a specific recommendation of a technical advisory committee or

528

particular action by the commission;

529

     (d)  Unintended results from the integration of previously

530

adopted Florida-specific amendments with the model code; or

531

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

532

     (f) Adoption of an updated edition of the National

533

Electrical Code if the commission finds that delay of

534

implementing the updated edition causes undue hardship to

535

stakeholders or otherwise threatens the public health, safety,

536

and welfare.

537

     (13) The general provisions of the Florida Building Code

538

for buildings and other structures shall not apply to commercial

539

wireless communication towers when such general provisions are

540

inconsistent with the provisions of the code controlling radio

541

and television towers. This subsection is intended to be remedial

542

in nature and to clarify existing law.

543

     Section 11.  Subsections (1) and (2) of section 553.74,

544

Florida Statutes, are amended to read:

545

     553.74  Florida Building Commission.--

546

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

547

located within the Department of Community Affairs for

548

administrative purposes. Members shall be appointed by the

549

Governor subject to confirmation by the Senate. The commission

550

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

551

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

552

actively engaged in the profession. The American Institute of

553

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

554

candidates for consideration.

555

     (b)  One structural engineer registered to practice in this

556

state and actively engaged in the profession. The Florida

557

Engineering Society is encouraged to recommend a list of

558

candidates for consideration.

559

     (c)  One air-conditioning or mechanical contractor certified

560

to do business in this state and actively engaged in the

561

profession. The Florida Air Conditioning Contractors Association,

562

the Florida Refrigeration and Air Conditioning Contractors

563

Association, and the Mechanical Contractors Association of

564

Florida are encouraged to recommend a list of candidates for

565

consideration.

566

     (d)  One electrical contractor certified to do business in

567

this state and actively engaged in the profession. The Florida

568

Electrical Contractors Association and the National Electrical

569

Contractors Association, Florida Chapter, are encouraged to

570

recommend a list of candidates for consideration.

571

     (e)  One member from fire protection engineering or

572

technology who is actively engaged in the profession. The Florida

573

Chapter of the Society of Fire Protection Engineers and the

574

Florida Fire Marshals and Inspectors Association are encouraged

575

to recommend a list of candidates for consideration.

576

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

577

state and actively engaged in the profession. The Associated

578

Builders and Contractors of Florida, the Florida Associated

579

General Contractors Council, and the Union Contractors

580

Association are encouraged to recommend a list of candidates for

581

consideration.

582

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

583

state and actively engaged in the profession. The Florida

584

Association of Plumbing, Heating, and Cooling Contractors is

585

encouraged to recommend a list of candidates for consideration.

586

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

587

business in this state and actively engaged in the profession.

588

The Florida Roofing, Sheet Metal, and Air Conditioning

589

Contractors Association and the Sheet Metal and Air Conditioning

590

Contractors National Association are encouraged to recommend a

591

list of candidates for consideration.

592

     (i)  One residential contractor licensed to do business in

593

this state and actively engaged in the profession. The Florida

594

Home Builders Association is encouraged to recommend a list of

595

candidates for consideration.

596

     (j)  Three members who are municipal or district codes

597

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

598

Building Officials Association of Florida and the Florida Fire

599

Marshals and Inspectors Association are encouraged to recommend a

600

list of candidates for consideration.

601

     (k)  One member who represents the Department of Financial

602

Services.

603

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

604

The Building Officials Association of Florida is encouraged to

605

recommend a list of candidates for consideration.

606

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

607

with disabilities or a nationally chartered organization of

608

persons with disabilities with chapters in this state.

609

     (n)  One member of the manufactured buildings industry who

610

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

611

in the industry. The Florida Manufactured Housing Association is

612

encouraged to recommend a list of candidates for consideration.

613

     (o)  One mechanical or electrical engineer registered to

614

practice in this state and actively engaged in the profession.

615

The Florida Engineering Society is encouraged to recommend a list

616

of candidates for consideration.

617

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

618

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

619

Association of Counties are encouraged to recommend a list of

620

candidates for consideration.

621

     (q)  One member of the building products manufacturing

622

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

623

actively engaged in the industry. The Florida Building Material

624

Association, the Florida Concrete and Products Association, and

625

the Fenestration Manufacturers Association are encouraged to

626

recommend a list of candidates for consideration.

627

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

628

owners and managers industry who is actively engaged in

629

commercial building ownership or management. The Building Owners

630

and Managers Association is encouraged to recommend a list of

631

candidates for consideration.

632

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

633

industry. The Florida Insurance Council is encouraged to

634

recommend a list of candidates for consideration.

635

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

636

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

637

to do business in this state and actively engaged in the

638

profession. The Florida Swimming Pool Association and the United

639

Pool and Spa Association are encouraged to recommend a list of

640

candidates for consideration shall be the chair.

641

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

642

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

643

Florida board member of the United States Green Building Council

644

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

645

     (w) One member who shall be the chair.

646

647

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

648

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

649

two full terms is eligible for reappointment to the commission

650

regardless of whether he or she meets the new qualification.

651

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

652

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

653

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

654

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

655

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

656

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

657

Florida Building Commission shall be appointed after February 1,

658

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

659

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

660

cease to meet the qualifications for original appointment,

661

through ceasing to be a practicing member of the profession

662

indicated or otherwise, shall thereby forfeit membership on the

663

commission.

664

     Section 12.  Section 553.75, Florida Statutes, is amended to

665

read:

666

553.75  Organization of commission; rules and regulations;

667

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

668

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

669

commission shall annually elect from its appointive members such

670

officers as it may choose.

671

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

672

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

673

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

674

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

675

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

676

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

677

constitute a quorum.

678

     (3)  The department shall be responsible for the provision

679

of administrative and staff support services relating to the

680

functions of the commission. With respect to matters within the

681

jurisdiction of the commission, the department shall be

682

responsible for the implementation and faithful discharge of all

683

decisions of the commission made pursuant to its authority under

684

the provisions of this part. The department is specifically

685

authorized to use communications media technology in conducting

686

meetings of the commission or any meetings held in conjunction

687

with meetings of the commission.

688

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

689

encourage participation by interested persons in attendance. At a

690

minimum, the commission shall provide one opportunity for

691

interested members of the public in attendance at a meeting to

692

comment on each proposed action of the commission before a final

693

vote is taken on any motion.

694

     Section 13.  Present subsection (5) of section 553.77,

695

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

696

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

697

     553.77  Specific powers of the commission.--

698

     (5) The commission may implement its recommendations

699

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

700

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

701

Efficiency Code for Building Construction as provided in s.

702

553.901.

703

     Section 14.  Subsection (5) of section 553.775, Florida

704

Statutes, is amended to read:

705

     553.775  Interpretations.--

706

     (5) The commission may render declaratory statements in

707

accordance with s. 120.565 relating to the provisions of the

708

Florida Accessibility Code for Building Construction not

709

attributable to the Americans with Disabilities Act Accessibility

710

Guidelines. Notwithstanding the other provisions of this section,

711

the Florida Accessibility Code for Building Construction and

712

chapter 11 of the Florida Building Code may not be interpreted

713

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

714

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

715

commission's authority to waive the Florida Accessibility Code

716

for Building Construction as provided by s. 553.512.

717

     Section 15.  Paragraph (g) is added to subsection (1) of

718

section 553.80, Florida Statutes, and subsection (7) of that

719

section is amended, to read:

720

     553.80  Enforcement.--

721

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

722

local government and each legally constituted enforcement

723

district with statutory authority shall regulate building

724

construction and, where authorized in the state agency's enabling

725

legislation, each state agency shall enforce the Florida Building

726

Code required by this part on all public or private buildings,

727

structures, and facilities, unless such responsibility has been

728

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

729

     (g) Construction regulations relating to secure mental

730

health treatment facilities under the jurisdiction of the

731

Department of Children and Family Services shall be enforced

732

exclusively by the department in conjunction with the Agency for

733

Health Care Administration's review authority under paragraph

734

(c).

735

736

The governing bodies of local governments may provide a schedule

737

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

738

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

739

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

740

responsibilities in enforcing the Florida Building Code. The

741

authority of state enforcing agencies to set fees for enforcement

742

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

743

However, nothing contained in this subsection shall operate to

744

limit such agencies from adjusting their fee schedule in

745

conformance with existing authority.

746

     (7)  The governing bodies of local governments may provide a

747

schedule of reasonable fees, as authorized by s. 125.56(2) or s.

748

166.222 and this section, for enforcing this part. These fees,

749

and any fines or investment earnings related to the fees, shall

750

be used solely for carrying out the local government's

751

responsibilities in enforcing the Florida Building Code. When

752

providing a schedule of reasonable fees, the total estimated

753

annual revenue derived from fees, and the fines and investment

754

earnings related to the fees, may not exceed the total estimated

755

annual costs of allowable activities. Any unexpended balances

756

shall be carried forward to future years for allowable activities

757

or shall be refunded at the discretion of the local government.

758

The basis for a fee structure for allowable activities shall

759

relate to the level of service provided by the local government

760

and shall include consideration for refunding fees due to reduced

761

services based on services provided as prescribed by s. 553.791,

762

but not provided by the local government. Fees charged shall be

763

consistently applied.

764

     (a)  As used in this subsection, the phrase "enforcing the

765

Florida Building Code" includes the direct costs and reasonable

766

indirect costs associated with review of building plans, building

767

inspections, reinspections, and building permit processing;

768

building code enforcement; and fire inspections associated with

769

new construction. The phrase may also include training costs

770

associated with the enforcement of the Florida Building Code and

771

enforcement action pertaining to unlicensed contractor activity

772

to the extent not funded by other user fees.

773

     (b)  The following activities may not be funded with fees

774

adopted for enforcing the Florida Building Code:

775

     1.  Planning and zoning or other general government

776

activities.

777

     2.  Inspections of public buildings for a reduced fee or no

778

fee.

779

     3.  Public information requests, community functions,

780

boards, and any program not directly related to enforcement of

781

the Florida Building Code.

782

     4.  Enforcement and implementation of any other local

783

ordinance, excluding validly adopted local amendments to the

784

Florida Building Code and excluding any local ordinance directly

785

related to enforcing the Florida Building Code as defined in

786

paragraph (a).

787

     (c)  A local government shall use recognized management,

788

accounting, and oversight practices to ensure that fees, fines,

789

and investment earnings generated under this subsection are

790

maintained and allocated or used solely for the purposes

791

described in paragraph (a).

792

     Section 16.  Subsection (17) is added to section 553.842,

793

Florida Statutes, to read:

794

     553.842  Product evaluation and approval.--

795

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

796

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

797

report required under s. 553.77, shall either recommend

798

amendments to the list to add evaluation entities the commission

799

determines should be authorized to perform product evaluations or

800

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

801

rule allowing the commission to approve evaluation entities that

802

use the commission's product evaluation process. If the

803

commission adopts criteria by rule, the rulemaking process must

804

be completed by July 1, 2009.

805

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

806

Association of Plumbing and Mechanical Officials Evaluation

807

Services is approved as an evaluation entity until October 1,

808

2009. If the association does not obtain permanent approval by

809

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

810

products approved on the basis of an association evaluation must

811

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

812

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

813

commission based on an association evaluation is void.

814

     Section 17.  Paragraph (b) of subsection (2) of section

815

553.844, Florida Statutes, is amended to read:

816

     553.844  Windstorm loss mitigation; requirements for roofs

817

and opening protection.--

818

     (2)  The Florida Building Commission shall:

819

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

820

means to incorporate recognized mitigation techniques for site-

821

built, single-family residential structures constructed before

822

prior to the implementation of the Florida Building Code,

823

including, but not limited to:

824

     1.  Prescriptive techniques for the installation of gable-

825

end bracing;

826

     2.  Secondary water barriers for roofs and standards

827

relating to secondary water barriers. The criteria may include,

828

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

829

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

830

to one method or material for a secondary water barrier;

831

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

832

connections. The Legislature recognizes that the cost of

833

retrofitting existing buildings to meet the code requirements for

834

new construction in this regard may exceed the practical benefit

835

to be attained. The Legislature intends for the commission to

836

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

837

may be employed to retrofit existing buildings that are not

838

otherwise required to comply with the requirements of the Florida

839

Building Code for new construction so that the cost of such

840

improvements does not exceed approximately 15 percent of the cost

841

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

842

unless evaluation and installation of connections at gable ends

843

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

844

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

845

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

846

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

847

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

848

given to connecting the corners of roofs to walls below the

849

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

850

     4.  Strengthening or correcting roof-decking attachments and

851

fasteners during reroofing; and

852

     5.  Adding or strengthening opening protections.

853

     Section 18.  Subsection (1) of section 553.885, Florida

854

Statutes, is amended to read:

855

     553.885  Carbon monoxide alarm required.--

856

     (1) Every building, other than a hospital, an inpatient

857

hospice facility, or a nursing home facility licensed by the

858

Agency for Health Care Administration, for which a building

859

permit is issued for new construction on or after July 1, 2008,

860

and having a fossil-fuel-burning heater or appliance, a

861

fireplace, or an attached garage shall have an approved

862

operational carbon monoxide alarm installed within 10 feet of

863

each room used for sleeping purposes. For a new hospital, an

864

inpatient hospice facility, or a nursing home facility licensed

865

by the Agency for Health Care Administration, an approved

866

operational carbon monoxide detector shall be installed inside or

867

directly outside of each room or area within the hospital or

868

facility were a fossil-fuel burning heater, engine, or appliance

869

is located. This detector shall be connected to the fire-alarm

870

system of the hospital or facility as a supervisory signal.

871

     Section 19.  Section 553.886, Florida Statutes, is created

872

to read:

873

     553.886 Energy-efficiency technologies.--The provisions of

874

the Florida Building Code must facilitate and promote the use of

875

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

876

renewable energy technologies in buildings.

877

     Section 20.  Section 553.9061, Florida Statutes, is created

878

to read:

879

     553.9061 Scheduled increases in thermal efficiency

880

standards.--

881

     (1) The purpose of this section is to establish a schedule

882

of increases in the energy performance of buildings subject to

883

the Florida Energy Efficiency Code for Building Construction. The

884

Florida Building Commission shall:

885

     (a) Include the necessary provisions by the 2010 edition of

886

the Florida Energy Efficiency Code for Building Construction to

887

increase the energy performance of new buildings by at least 20

888

percent as compared to the energy efficiency provisions of the

889

2007 Florida Building Code adopted October 31, 2007.

890

     (b) Increase energy efficiency requirements by the 2013

891

edition of the Florida Energy Efficiency Code for Building

892

Construction by at least 30 percent as compared to the energy

893

efficiency provisions of the 2007 Florida Building Code adopted

894

October 31, 2007.

895

     (c) Increase energy efficiency requirements by the 2016

896

edition of the Florida Energy Efficiency Code for Building

897

Construction by at least 40 percent as compared to the energy

898

efficiency provisions of the 2007 Florida Building Code adopted

899

October 31, 2007.

900

     (d) Increase energy efficiency requirements by the 2019

901

edition of the Florida Energy Efficiency Code for Building

902

Construction by at least 50 percent as compared to the energy

903

efficiency provisions of the 2007 Florida Building Code adopted

904

October 31, 2007.

905

     (2) The Florida Building Commission shall identify within

906

code support and compliance documentation the specific building

907

options and elements available to meet the energy performance

908

goals established in subsection (1). Energy-efficiency

909

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

910

     (a) Solar water heating.

911

     (b) Energy-efficient appliances.

912

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

913

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

914

     (e) Enhanced ceiling and wall insulation.

915

     (f) Reduced-leak duct systems.     

916

     (g) Programmable thermostats.

917

     (h) Energy-efficient lighting systems.

918

     (3) The Florida Building Commission shall, prior to

919

implementing the goals established in subsection (1), adopt by

920

rule and implement a cost-effectiveness test for proposed

921

increases in energy efficiency. The cost-effectiveness test shall

922

measure cost-effectiveness and shall ensure that energy

923

efficiency increases result in a positive net financial impact.

924

     Section 21. (1) The Department of Community Affairs, in

925

conjunction with the Florida Energy Affordability Coalition,

926

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

927

Energy Assistance Program and the Weatherization Assistance

928

Program, and identify recommendations that:

929

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

930

     (b) Maximize available financial and energy-conservation

931

assistance;

932

     (c) Improve the quality of service to customers seeking

933

assistance; and

934

     (d) Educate customers to make informed decisions regarding

935

energy use and conservation.

936

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

937

report its findings and any recommended statutory changes

938

required to implement such findings to the President of the

939

Senate and the Speaker of the House of Representatives.

940

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

941

     Section 22. Section 553.731, Florida Statutes, is repealed.

942

     Section 23. The repeal of s. 553.731, Florida Statutes, by

943

this act, does not diminish or authorize changes that diminish

944

the provisions of the Florida Building Code relating to wind

945

resistance or water intrusion which were adopted pursuant to

946

chapter 2007-1, Laws of Florida.

947

     Section 24. Subparagraph 6. of paragraph (a) of subsection

948

(6) of s. 627.351, Florida Statutes, is repealed.

949

          Section 25.  Subsections (3), and (4) of section

950

336.41, Florida Statutes, are renumbered as subsections (4), and

951

(5), respectively, and a subsection (3) is added to that section,

952

to read:

953

     336.41  Counties; employing labor and providing road

954

equipment; accounting; when competitive bidding required.--

955

     (3) Notwithstanding any law to the contrary, a county,

956

municipality, or special district may not own or operate an

957

asphalt plant or a portable or stationary concrete batch plant

958

that has an independent mixer; however, this prohibition does not

959

apply to any county that owns or is under contract to purchase an

960

asphalt plant as of April 15, 2008, and that furnishes its plant-

961

generated asphalt solely for use by local governments or

962

companies under contract with local governments for projects

963

within the boundaries of the county. Sale of plant-generated

964

asphalt to private entities or local governments outside the

965

boundaries of the county is prohibited.

966

     Section 26.  Subsection (6) is added to section 718.113,

967

Florida Statutes, to read:

968

     718.113  Maintenance; limitation upon improvement; display

969

of flag; hurricane shutters.--

970

     (6) Notwithstanding the provisions of this section or the

971

governing documents of a condominium or a multicondominium

972

association, the board of administration may, without any

973

requirement for approval of the unit owners, install upon or

974

within the common elements or association property solar

975

collectors, clotheslines, or other energy-efficient devices based

976

on renewable resources for the benefit of the unit owners.

977

     Section 27. The Florida Building Commission shall submit

978

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

979

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

980

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

981

     Section 28.  This act shall take effect July 1, 2008.

982

983

984

================ T I T L E  A M E N D M E N T ================

985

And the title is amended as follows:

986

     Delete everything before the enacting clause

987

and insert:

988

A bill to be entitled

989

An act relating to building code standards; amending s.

990

163.04, F.S.; revising provisions authorizing the use of

991

solar collectors and other energy devices; amending s.

992

163.3177, F.S.; revising requirements for the future land

993

use element of a local comprehensive plan to include

994

energy-efficient land use patterns and greenhouse gas

995

reduction strategies; requiring that the traffic-

996

circulation element of a local comprehensive plan

997

incorporate transportation strategies to reduce greenhouse

998

gas emissions; requiring that the land use map or map

999

series contained in the future land use element of a local

1000

comprehensive plan identify and depict energy

1001

conservation; requiring that the home element of a local

1002

comprehensive plan include energy efficiency in the design

1003

and construction of new housing and use of renewable

1004

energy resources; providing that certain counties may not

1005

receive state affordable housing funds under certain

1006

circumstances; requiring each unit of local government

1007

within an urbanized area to amend the transportation

1008

element of a local comprehensive plan to incorporate

1009

transportation strategies addressing reduction in

1010

greenhouse gas emissions; amending s. 377.806, F.S.;

1011

revising eligibility requirements for rebates under the

1012

Solar Energy System Incentives Program; amending s.

1013

489.105, F.S.; expanding the scope of the definition of

1014

"roofing contractor" to include contractors performing

1015

required roof-deck attachments and any repair or

1016

replacement of wood roof sheathing or fascia as needed

1017

during roof repair or replacement; amending s. 553.36,

1018

F.S.; redefining the term "manufactured building" for

1019

purposes of the Florida Manufactured Building Act to

1020

include modular and factory-built buildings; amending s.

1021

553.37, F.S.; requiring the Department of Community

1022

Affairs to adopt rules related to the inspection,

1023

construction, and modification of manufactured buildings;

1024

requiring the department to develop an insignia to be

1025

affixed to newly constructed manufactured buildings;

1026

authorizing the department to charge a fee for the

1027

insignia; providing requirements for the insignia;

1028

requiring the department to develop minimum criteria for a

1029

manufacturer's data plate; amending s. 553.381, F.S.;

1030

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

1031

requiring the department to require that an insignia be

1032

affixed to all newly constructed factory-built school

1033

buildings; providing requirements for the manufacturer's

1034

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

1035

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

1036

codes to be included in Florida Building Code updates;

1037

expanding the list of reasons the commission may amend the

1038

Florida Building Code; providing requirements for the

1039

retroactive application of parts of the Florida Building

1040

Code to commercial wireless communications towers;

1041

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

1042

selecting members of the Florida Building Commission;

1043

revising membership of the commission; deleting obsolete

1044

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

1045

Florida Building Commission to use communications media

1046

technology in conducting its meetings or meetings held in

1047

conjunction with commission meetings; providing for public

1048

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

1049

F.S.; authorizing the commission to implement

1050

recommendations relating to energy efficiency in

1051

residential and commercial buildings; amending s. 553.775,

1052

F.S.; authorizing the commission to render declaratory

1053

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

1054

enforcement of construction regulations relating to secure

1055

mental health treatment facilities under the jurisdiction

1056

of the Department of Children and Family Services shall be

1057

enforced exclusively by the department in conjunction with

1058

the review authority of the Agency for Health Care

1059

Administration; requiring that the basis for a fee

1060

structure for allowable activities include consideration

1061

for refunding fees due to reduced services based on

1062

certain services; amending s. 553.842, F.S.; requiring the

1063

commission to review the list of product evaluation

1064

entities; providing reporting requirements; providing for

1065

rulemaking; designating an entity as an approved

1066

production evaluation entity until October 1, 2009;

1067

providing criteria for substitution of approved products  

1068

under certain conditions; providing for the expiration of

1069

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

1070

revising provisions requiring the adoption of certain

1071

mitigation techniques by the Florida Building Commission

1072

within the Florida Building Code for certain structures;

1073

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

1074

carbon monoxide detectors in certain new hospitals,

1075

hospice and nursing homes facilities; creating s. 553.886,

1076

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

1077

and promote the use of certain renewable energy

1078

technologies in buildings; creating s. 553.9061, F.S.;

1079

establishing a schedule of required increases in the

1080

energy performance of buildings subject to the Florida

1081

Building Code; providing a process for implementing goals

1082

to increase energy-efficiency performance in new

1083

buildings; providing a schedule for the implementation of

1084

such goals; identifying energy-efficiency performance

1085

options and elements available to meet energy-efficiency

1086

performance requirements; requiring the commission to

1087

adopt by rule a definition of the term "cost-effectiveness

1088

test"; providing that the commission implement a cost-

1089

effectiveness test; providing requirements for the test;

1090

directing the Department of Community Affairs, in

1091

conjunction with the Florida Energy Affordability Council,

1092

to identify and review issues relating to the Low-Income

1093

Home Energy Assistance Program and the Weatherization

1094

Assistance Program; requiring the submission of a report

1095

to the President of the Senate and the Speaker of the

1096

House of Representatives on or before a specified date;

1097

providing for the expiration of certain study

1098

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

1099

wind-borne debris protection requirements; providing for

1100

construction and interpretation of the repeal; repealing

1101

s. 627.351(6)(a)6., F.S.; providing requirements for

1102

certain properties to meet building code plus requirements

1103

as a condition of eligibility for coverage by Citizens

1104

Property Insurance Corporation; amending s. 336.41, F.S.;

1105

providing that a county, municipality, or special district

1106

may not own or operate an asphalt plant or a portable or

1107

stationary concrete batch plant having an independent

1108

mixer; amending s. 718.113, F.S.; authorizing the board of

1109

a condominium or a multicondominium to install solar

1110

collectors, clotheslines, or other energy-efficient

1111

devices on association property; requiring the Florida

1112

Building Commission to include certain information in its

1113

report to the Legislature; providing an effective date.

4/30/2008  4:50:00 PM     22-09278-08seg1

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

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