Florida Senate - 2008 SENATOR AMENDMENT Bill No. CS/HB 697 548260 CHAMBER ACTION Senate Floor: 1/AD/3R 5/2/2008 10:44 AM . . . . . House Floor: AD 5/2/2008 3:26 PM
1 Senator Constantine moved the following amendment: 2
3 Senate Amendment (with title amendment) 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (2) of section 163.04, Florida 7 Statutes, is amended to read: 8 163.04 Energy devices based on renewable resources.-- 9 (2) A deed restriction, covenant, declaration, or similar 10 binding agreement may not No deed restrictions, covenants, or 11 similar binding agreements running with the land shall prohibit 12 or have the effect of prohibiting solar collectors, clotheslines, 13 or other energy devices based on renewable resources from being 14 installed on buildings erected on the lots or parcels covered by 15 the deed restriction, covenant, declaration, or binding agreement 16 restrictions, covenants, or binding agreements. A property owner 17 may not be denied permission to install solar collectors or other 18 energy devices based on renewable resources by any entity granted 19 the power or right in any deed restriction, covenant, 20 declaration, or similar binding agreement to approve, forbid, 21 control, or direct alteration of property with respect to 22 residential dwellings and within the boundaries of a condominium 23 unit not exceeding three stories in height. For purposes of this 24 subsection, Such entity may determine the specific location where 25 solar collectors may be installed on the roof within an 26 orientation to the south or within 45° east or west of due south 27 if provided that such determination does not impair the effective 28 operation of the solar collectors. 29 Section 2. Paragraphs (a), (b), (d), (f), and (j) of 30 subsection (6) of section 163.3177, Florida Statutes, are amended 31 to read: 32 163.3177 Required and optional elements of comprehensive 33 plan; studies and surveys.-- 34 (6) In addition to the requirements of subsections (1)-(5) 35 and (12), the comprehensive plan shall include the following 36 elements: 37 (a) A future land use plan element designating proposed 38 future general distribution, location, and extent of the uses of 39 land for residential uses, commercial uses, industry, 40 agriculture, recreation, conservation, education, public 41 buildings and grounds, other public facilities, and other 42 categories of the public and private uses of land. Counties are 43 encouraged to designate rural land stewardship areas, pursuant to 44 the provisions of paragraph (11)(d), as overlays on the future 45 land use map. Each future land use category must be defined in 46 terms of uses included, and must include standards to be followed 47 in the control and distribution of population densities and 48 building and structure intensities. The proposed distribution, 49 location, and extent of the various categories of land use shall 50 be shown on a land use map or map series which shall be 51 supplemented by goals, policies, and measurable objectives. The 52 future land use plan shall be based upon surveys, studies, and 53 data regarding the area, including the amount of land required to 54 accommodate anticipated growth; the projected population of the 55 area; the character of undeveloped land; the availability of 56 water supplies, public facilities, and services; the need for 57 redevelopment, including the renewal of blighted areas and the 58 elimination of nonconforming uses which are inconsistent with the 59 character of the community; the compatibility of uses on lands 60 adjacent to or closely proximate to military installations; the 61 discouragement of urban sprawl; energy-efficient land use 62 patterns accounting for existing and future electric power 63 generation and transmission systems; greenhouse gas reduction 64 strategies; and, in rural communities, the need for job creation, 65 capital investment, and economic development that will strengthen 66 and diversify the community's economy. The future land use plan 67 may designate areas for future planned development use involving 68 combinations of types of uses for which special regulations may 69 be necessary to ensure development in accord with the principles 70 and standards of the comprehensive plan and this act. The future 71 land use plan element shall include criteria to be used to 72 achieve the compatibility of adjacent or closely proximate lands 73 with military installations. In addition, for rural communities, 74 the amount of land designated for future planned industrial use 75 shall be based upon surveys and studies that reflect the need for 76 job creation, capital investment, and the necessity to strengthen 77 and diversify the local economies, and shall not be limited 78 solely by the projected population of the rural community. The 79 future land use plan of a county may also designate areas for 80 possible future municipal incorporation. The land use maps or map 81 series shall generally identify and depict historic district 82 boundaries and shall designate historically significant 83 properties meriting protection. For coastal counties, the future 84 land use element must include, without limitation, regulatory 85 incentives and criteria that encourage the preservation of 86 recreational and commercial working waterfronts as defined in s. 87 342.07. The future land use element must clearly identify the 88 land use categories in which public schools are an allowable use. 89 When delineating the land use categories in which public schools 90 are an allowable use, a local government shall include in the 91 categories sufficient land proximate to residential development 92 to meet the projected needs for schools in coordination with 93 public school boards and may establish differing criteria for 94 schools of different type or size. Each local government shall 95 include lands contiguous to existing school sites, to the maximum 96 extent possible, within the land use categories in which public 97 schools are an allowable use. The failure by a local government 98 to comply with these school siting requirements will result in 99 the prohibition of the local government's ability to amend the 100 local comprehensive plan, except for plan amendments described in 101 s. 163.3187(1)(b), until the school siting requirements are met. 102 Amendments proposed by a local government for purposes of 103 identifying the land use categories in which public schools are 104 an allowable use are exempt from the limitation on the frequency 105 of plan amendments contained in s. 163.3187. The future land use 106 element shall include criteria that encourage the location of 107 schools proximate to urban residential areas to the extent 108 possible and shall require that the local government seek to 109 collocate public facilities, such as parks, libraries, and 110 community centers, with schools to the extent possible and to 111 encourage the use of elementary schools as focal points for 112 neighborhoods. For schools serving predominantly rural counties, 113 defined as a county with a population of 100,000 or fewer, an 114 agricultural land use category shall be eligible for the location 115 of public school facilities if the local comprehensive plan 116 contains school siting criteria and the location is consistent 117 with such criteria. Local governments required to update or amend 118 their comprehensive plan to include criteria and address 119 compatibility of adjacent or closely proximate lands with 120 existing military installations in their future land use plan 121 element shall transmit the update or amendment to the department 122 by June 30, 2006. 123 (b) A traffic circulation element consisting of the types, 124 locations, and extent of existing and proposed major 125 thoroughfares and transportation routes, including bicycle and 126 pedestrian ways. Transportation corridors, as defined in s. 127 334.03, may be designated in the traffic circulation element 128 pursuant to s. 337.273. If the transportation corridors are 129 designated, the local government may adopt a transportation 130 corridor management ordinance. The traffic circulation element 131 shall incorporate transportation strategies to address reduction 132 in greenhouse gas emissions from the transportation sector. 133 (d) A conservation element for the conservation, use, and 134 protection of natural resources in the area, including air, 135 water, water recharge areas, wetlands, waterwells, estuarine 136 marshes, soils, beaches, shores, flood plains, rivers, bays, 137 lakes, harbors, forests, fisheries and wildlife, marine habitat, 138 minerals, and other natural and environmental resources, 139 including factors that affect energy conservation. Local 140 governments shall assess their current, as well as projected, 141 water needs and sources for at least a 10-year period, 142 considering the appropriate regional water supply plan approved 143 pursuant to s. 373.0361, or, in the absence of an approved 144 regional water supply plan, the district water management plan 145 approved pursuant to s. 373.036(2). This information shall be 146 submitted to the appropriate agencies. The land use map or map 147 series contained in the future land use element shall generally 148 identify and depict the following: 149 1. Existing and planned waterwells and cones of influence 150 where applicable. 151 2. Beaches and shores, including estuarine systems. 152 3. Rivers, bays, lakes, flood plains, and harbors. 153 4. Wetlands. 154 5. Minerals and soils. 155 6. Energy conservation. 156
157 The land uses identified on such maps shall be consistent with 158 applicable state law and rules. 159 (f)1. A housing element consisting of standards, plans, and 160 principles to be followed in: 161 a. The provision of housing for all current and anticipated 162 future residents of the jurisdiction. 163 b. The elimination of substandard dwelling conditions. 164 c. The structural and aesthetic improvement of existing 165 housing. 166 d. The provision of adequate sites for future housing, 167 including affordable workforce housing as defined in s. 168 380.0651(3)(j), housing for low-income, very low-income, and 169 moderate-income families, mobile homes, and group home facilities 170 and foster care facilities, with supporting infrastructure and 171 public facilities. 172 e. Provision for relocation housing and identification of 173 historically significant and other housing for purposes of 174 conservation, rehabilitation, or replacement. 175 f. The formulation of housing implementation programs. 176 g. The creation or preservation of affordable housing to 177 minimize the need for additional local services and avoid the 178 concentration of affordable housing units only in specific areas 179 of the jurisdiction. 180 h. Energy efficiency in the design and construction of new 181 housing. 182 i. Use of renewable energy resources. 183 j. h. By July 1, 2008, Each county in which the gap between 184 the buying power of a family of four and the median county home 185 sale price exceeds $170,000, as determined by the Florida Housing 186 Finance Corporation, and which is not designated as an area of 187 critical state concern shall adopt a plan for ensuring affordable 188 workforce housing. At a minimum, the plan shall identify adequate 189 sites for such housing. For purposes of this sub-subparagraph, 190 the term "workforce housing" means housing that is affordable to 191 natural persons or families whose total household income does not 192 exceed 140 percent of the area median income, adjusted for 193 household size. 194 k. As a precondition to receiving any state affordable 195 housing funding or allocation for any project or program within 196 the jurisdiction of a county that is subject to sub-subparagraph 197 j., a county must, by July 1 of each year, provide certification 198 that the county has complied with the requirements of sub- 199 subparagraph j. 200 i. Failure by a local government to comply with the 201 requirement in sub-subparagraph h. will result in the local 202 government being ineligible to receive any state housing 203 assistance grants until the requirement of sub-subparagraph h. is 204 met. 205
206 The goals, objectives, and policies of the housing element must 207 be based on the data and analysis prepared on housing needs, 208 including the affordable housing needs assessment. State and 209 federal housing plans prepared on behalf of the local government 210 must be consistent with the goals, objectives, and policies of 211 the housing element. Local governments are encouraged to use 212 utilize job training, job creation, and economic solutions to 213 address a portion of their affordable housing concerns. 214 2. To assist local governments in housing data collection 215 and analysis and assure uniform and consistent information 216 regarding the state's housing needs, the state land planning 217 agency shall conduct an affordable housing needs assessment for 218 all local jurisdictions on a schedule that coordinates the 219 implementation of the needs assessment with the evaluation and 220 appraisal reports required by s. 163.3191. Each local government 221 shall utilize the data and analysis from the needs assessment as 222 one basis for the housing element of its local comprehensive 223 plan. The agency shall allow a local government the option to 224 perform its own needs assessment, if it uses the methodology 225 established by the agency by rule. 226 (j) For each unit of local government within an urbanized 227 area designated for purposes of s. 339.175, a transportation 228 element, which shall be prepared and adopted in lieu of the 229 requirements of paragraph (b) and paragraphs (7)(a), (b), (c), 230 and (d) and which shall address the following issues: 231 1. Traffic circulation, including major thoroughfares and 232 other routes, including bicycle and pedestrian ways. 233 2. All alternative modes of travel, such as public 234 transportation, pedestrian, and bicycle travel. 235 3. Parking facilities. 236 4. Aviation, rail, seaport facilities, access to those 237 facilities, and intermodal terminals. 238 5. The availability of facilities and services to serve 239 existing land uses and the compatibility between future land use 240 and transportation elements. 241 6. The capability to evacuate the coastal population prior 242 to an impending natural disaster. 243 7. Airports, projected airport and aviation development, 244 and land use compatibility around airports. 245 8. An identification of land use densities, building 246 intensities, and transportation management programs to promote 247 public transportation systems in designated public transportation 248 corridors so as to encourage population densities sufficient to 249 support such systems. 250 9. May include transportation corridors, as defined in s. 251 334.03, intended for future transportation facilities designated 252 pursuant to s. 337.273. If transportation corridors are 253 designated, the local government may adopt a transportation 254 corridor management ordinance. 255 10. The incorporation of transportation strategies to 256 address reduction in greenhouse gas emissions from the 257 transportation sector. 258
259 Section 3. Paragraph (a) of subsection (3) of section 260 377.806, Florida Statutes, is amended to read: 261 377.806 Solar Energy System Incentives Program.-- 262 (3) SOLAR THERMAL SYSTEM INCENTIVE.-- 263 (a) Eligibility requirements.--A solar thermal system 264 qualifies for a rebate if: 265 1. The system is installed by a state-licensed solar or 266 plumbing contractor or a roofing contractor installing standing 267 seam hybrid thermal roofs. 268 2. The system complies with all applicable building codes 269 as defined by the local jurisdictional authority. 270 Section 4. Paragraph (e) of subsection (3) of section 271 489.105, Florida Statutes, is amended to read: 272 489.105 Definitions.--As used in this part: 273 (3) "Contractor" means the person who is qualified for, and 274 shall only be responsible for, the project contracted for and 275 means, except as exempted in this part, the person who, for 276 compensation, undertakes to, submits a bid to, or does himself or 277 herself or by others construct, repair, alter, remodel, add to, 278 demolish, subtract from, or improve any building or structure, 279 including related improvements to real estate, for others or for 280 resale to others; and whose job scope is substantially similar to 281 the job scope described in one of the subsequent paragraphs of 282 this subsection. For the purposes of regulation under this part, 283 "demolish" applies only to demolition of steel tanks over 50 feet 284 in height; towers over 50 feet in height; other structures over 285 50 feet in height, other than buildings or residences over three 286 stories tall; and buildings or residences over three stories 287 tall. Contractors are subdivided into two divisions, Division I, 288 consisting of those contractors defined in paragraphs (a)-(c), 289 and Division II, consisting of those contractors defined in 290 paragraphs (d)-(q): 291 (e) "Roofing contractor" means a contractor whose services 292 are unlimited in the roofing trade and who has the experience, 293 knowledge, and skill to install, maintain, repair, alter, extend, 294 or design, when not prohibited by law, and use materials and 295 items used in the installation, maintenance, extension, and 296 alteration of all kinds of roofing, waterproofing, and coating, 297 except when coating is not represented to protect, repair, 298 waterproof, stop leaks, or extend the life of the roof. The scope 299 of work of a roofing contractor also includes required roof-deck 300 attachments and any repair or replacement of wood roof sheathing 301 or fascia as needed during roof repair or replacement. 302 Section 5. Subsection (13) of section 553.36, Florida 303 Statutes, is amended to read: 304 553.36 Definitions.--The definitions contained in this 305 section govern the construction of this part unless the context 306 otherwise requires. 307 (13) "Manufactured building", "modular building," or 308 "factory-built building" means a closed structure, building 309 assembly, or system of subassemblies, which may include 310 structural, electrical, plumbing, heating, ventilating, or other 311 service systems manufactured in manufacturing facilities for 312 installation or erection as a finished building or as part of a 313 finished building, which shall include, but not be limited to, 314 residential, commercial, institutional, storage, and industrial 315 structures. The term includes buildings not intended for human 316 habitation such as lawn storage buildings and storage sheds 317 manufactured and assembled offsite by a manufacturer certified in 318 conformance with this part. This part does not apply to mobile 319 homes. 320 Section 6. Section 553.37, Florida Statutes, is amended to 321 read: 322 553.37 Rules; inspections; and insignia.-- 323 (1) The Florida Building Commission shall adopt within the 324 Florida Building Code requirements for construction or 325 modification of manufactured buildings and building modules, to 326 address: 327 (a) Submittal to and approval by the department of 328 manufacturers' drawings and specifications, including any 329 amendments. 330 (b) Submittal to and approval by the department of 331 manufacturers' internal quality control procedures and manuals, 332 including any amendments. 333 (c) Minimum inspection criteria. Procedures and 334 qualifications for approval of third-party plan review and 335 inspection entities and of those who perform inspections and plan 336 reviews. 337 (2) The department shall adopt rules to address: 338 (a) Procedures and qualifications for approval of third- 339 party plan review and inspection agencies and of those who 340 perform inspections and plan reviews. 341 (b)(d) Investigation of consumer complaints of 342 noncompliance of manufactured buildings with the Florida Building 343 Code and the Florida Fire Prevention Code. 344 (c)(e) Issuance, cancellation, and revocation of any 345 insignia issued by the department and procedures for auditing and 346 accounting for disposition of them. 347 (d)(f) Monitoring the manufacturers', inspection agencies' 348 entities', and plan review agencies' entities' compliance with 349 this part and the Florida Building Code. Monitoring may include, 350 but is not limited to, performing audits of plans, inspections of 351 manufacturing facilities and observation of the manufacturing and 352 inspection process, and onsite inspections of buildings. 353 (e)(g) The performance by the department of any other 354 functions required by this part. 355 (3)(2) After the effective date of the Florida Building 356 Code, no manufactured building, except as provided in subsection 357 (12) (11), may be installed in this state unless it is approved 358 and bears the insignia of approval of the department and a 359 manufacturer's data plate. Approvals issued by the department 360 under the provisions of the prior part shall be deemed to comply 361 with the requirements of this part. 362 (4)(3) All manufactured buildings issued and bearing 363 insignia of approval pursuant to subsection (3) (2) shall be 364 deemed to comply with the Florida Building Code and are exempt 365 from local amendments enacted by any local government. 366 (5)(4) No manufactured building bearing department insignia 367 of approval pursuant to subsection (3) (2) shall be in any way 368 modified prior to installation, except in conformance with the 369 Florida Building Code. 370 (6)(5) Manufactured buildings which have been issued and 371 bear the insignia of approval pursuant to this part upon 372 manufacture or first sale shall not require an additional 373 approval or insignia by a local government in which they are 374 subsequently sold or installed. Buildings or structures that meet 375 the definition of "open construction" are subject to permitting 376 by the local jurisdiction and are not required to bear insignia. 377 (7)(6) If the department Florida Building Commission 378 determines that the standards for construction and inspection of 379 manufactured buildings prescribed by statute or rule of another 380 state are at least equal to the Florida Building Code and that 381 such standards are actually enforced by such other state, it may 382 provide by rule that the manufactured building which has been 383 inspected and approved by such other state shall be deemed to 384 have been approved by the department and shall authorize the 385 affixing of the appropriate insignia of approval. 386 (8)(7) The department Florida Building Commission, by rule, 387 shall establish a schedule of fees to pay the cost of incurred by 388 the department for the work related to administration and 389 enforcement of this part. 390 (9)(8) The department may delegate its enforcement 391 authority to a state department having building construction 392 responsibilities or a local government. The department may 393 delegate its plan review and inspection authority to one or more 394 of the following in any combination: 395 (a) A state department having building construction 396 responsibilities;, 397 (b) A local government;, 398 (c) An approved inspection agency;, 399 (d) An approved plan review agency;, or 400 (e) An agency of another state. 401 (9) If the commission delegates its inspection authority to 402 third-party approved inspection agencies, manufacturers must have 403 one, and only one, inspection agency responsible for inspection 404 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 414 only one, plan review agency responsible for review of plans of a 415 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 435 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. 465 (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. 471 (g) The designed-for wind zone usage. 472 (h) The designed-for enhanced hurricane protection zone 473 usage: yes or no. 474 (12) Such insignia and data plate identification label 475 shall be permanently affixed by the manufacturer in the case of 476 newly constructed factory-built school buildings, or by the 477 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. |
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2021 State of Florida. |