Senate Bill sb2836e2

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  1                      A bill to be entitled

  2         An act relating to the Florida Building

  3         Commission; requiring the commission to review

  4         the requirements in the National Electrical

  5         Code which relate to bonding and grounding

  6         systems for swimming pools; authorizing the

  7         commission to adopt a rule for bonding and

  8         grounding which is an alterative to that of the

  9         National Electric Code; creating s. 553.844,

10         F.S.; providing legislative findings concerning

11         the need to prevent property damage caused by

12         hurricanes; requiring the Florida Building

13         Commission to adopt amendments to the Florida

14         Building Code, including requirements for

15         buildings constructed before the implementation

16         of the code; providing requirements for such

17         amendments; providing requirements for

18         buildings located in a wind-borne debris

19         region; requiring the commission to make

20         certain determinations before eliminating

21         gravel and stone roofing systems; amending s.

22         468.609, F.S.; increasing the number of days a

23         newly employed person can be a plan examiner or

24         building inspector without certification;

25         amending s. 553.73, F.S.; authorizing the

26         commission to approve certain amendments to the

27         code; amending s. 553.775, F.S.; providing

28         that, upon written application by substantially

29         affected persons, the Florida Building

30         Commission must issue, or cause to be issued, a

31         formal interpretation of the code; amending s.


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    CS for CS for SB 2836                         Second Engrossed



 1         553.791, F.S.; defining terms; requiring that

 2         certain forms be signed at the completion of a

 3         required inspection; requiring that a

 4         deficiency notice be posted at the job site

 5         whenever an element is found to be not in

 6         conformance with the building code or the

 7         permitting documents; providing for corrective

 8         actions; prohibiting the charging of certain

 9         fees; amending s. 553.841, F.S.; providing

10         legislative intent regarding education and

11         outreach for understanding the Florida Building

12         Code; requiring the Department of Community

13         Affairs to administer a compliance and

14         mitigation program; requiring that the

15         compliance and mitigation program be provided

16         by a private, nonprofit corporation under

17         contract with the department; requiring the

18         department to consider certain criteria when

19         selecting the corporation; requiring the

20         commission to provide certain courses to

21         accredit persons subject to the building code;

22         authorizing the commission to adopt rules;

23         amending s. 553.842, F.S.; providing for

24         certification of products; authorizing the

25         commission to impose penalties for violation of

26         the product validation process; amending s.

27         633.081, F.S.; deleting the requirement that a

28         certified firesafety inspector be a resident of

29         Florida; requiring that a firesafety inspector

30         be 18 years of age or older; establishing

31         grounds under which an inspector's license may


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    CS for CS for SB 2836                         Second Engrossed



 1         be suspended or revoked; amending s. 633.521,

 2         F.S.; providing for provisional permits for

 3         inspectors of certain fire protection systems;

 4         providing a time limitation for such permits;

 5         amending s. 633.537, F.S.; revising continuing

 6         education requirements; requiring the

 7         commission to review certain modifications

 8         recommended by the commission's technical

 9         advisory committee; authorizing the commission

10         to adopt or modify the modifications in

11         response to public comments; contingent upon

12         appropriations, requiring the Office of

13         Insurance Regulation, in consultation with the

14         Department of Community Affairs and the Florida

15         Building Commission, to conduct wind-loss

16         mitigation studies; providing requirements for

17         the studies; requiring a report to the

18         Governor, the Legislature, the Chief Financial

19         Officer, and the Commissioner of Insurance

20         Regulation; authorizing the commission to adopt

21         provisions preserving the use of gravel roof

22         systems; directing the commission to work with

23         others to review the Florida Energy Code and to

24         compare that code to other energy efficiency

25         codes; requiring the commission to deliver a

26         report to the Legislature by a specified date;

27         providing an appropriation; providing an

28         effective date.

29  

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

31  


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 1         Section 1.  The Florida Building Commission shall

 2  review the requirements in the National Electrical Code (2005)

 3  which relate to bonding and grounding systems for swimming

 4  pools. The commission may adopt a rule authorizing the use of

 5  a method for bonding and grounding systems which is an

 6  alternative to what is permitted by the National Electrical

 7  Code. The commission is further authorized to integrate that

 8  alternative method into the 2007 edition of the Florida

 9  Building Code, notwithstanding the requirements of s. 553.73,

10  Florida Statutes. Until the commission adopts a rule for an

11  alternate method for bonding and grounding systems for

12  swimming pools, the use of an underground bonding conductor

13  made of a single #8 AWG bare solid copper wire buried to a

14  minimum depth of 4 inches to 6 inches below subgrade, and 18

15  inches to 24 inches from inside the wall of a swimming pool or

16  spa, is deemed a permissible alternative or equivalent to

17  compliance with s. 680.26(c) of the National Electrical Code

18  (2005), NFPA No. 70, adopted by reference within the Florida

19  Building Code.

20         Section 2.  Section 553.844, Florida Statutes, is

21  created to read:

22         553.844  Windstorm loss mitigation; requirements for

23  roofs and opening protection.--

24         (1)  The Legislature finds that:

25         (a)  The effects of recent hurricanes on the state have

26  demonstrated the effectiveness of the Florida Building Code in

27  reducing property damage to buildings constructed in

28  accordance with its requirements, and have also exposed a

29  vulnerability of some construction undertaken prior to

30  implementation of the Florida Building Code.

31  


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 1         (b)  Hurricanes represent a continuing threat to the

 2  health, safety, and welfare of the residents of this state due

 3  to the direct destructive effects of hurricanes as well as

 4  their effects on windstorm insurance rates.

 5         (c)  The mitigation of property damage constitutes a

 6  valid and recognized objective of the Florida Building Code.

 7         (d)  Cost-effective techniques for integrating proven

 8  methods of the Florida Building Code into buildings built

 9  prior to its implementation benefit all residents of the state

10  as a whole.

11         (2)  The Florida Building Commission shall:

12         (a)  Analyze the extent to which a proposed Florida

13  Building Code provision will mitigate property damage to

14  buildings and their contents in evaluating that proposal. If

15  the nature of the proposed Florida Building Code provision

16  relates only to mitigation of property damage and not to a

17  life safety concern, the proposal shall be reviewed based on

18  its measurable benefits in relation to the costs imposed.

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

20  a means to incorporate recognized mitigation techniques for

21  buildings constructed prior to the implementation of the

22  Florida Building Code, including, but not limited to:

23         1.  Prescriptive techniques for the installation of

24  gable-end bracing;

25         2.  Secondary water barriers for roofs and standards

26  relating to secondary water barriers. The criteria may

27  include, but need not be limited to, roof shape, slope, and

28  composition of all elements of the roof system;

29         3.  Prescriptive techniques for improvement of

30  roof-to-wall connections. The Legislature recognizes that the

31  cost of retrofitting existing buildings to meet the code


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 1  requirements for new construction in this regard may exceed

 2  the practical benefit to be attained. The Legislature intends

 3  for the commission to provide for the integration of

 4  alternate, lower-cost means that may be employed to retrofit

 5  existing buildings that are not otherwise required to comply

 6  with the requirements of the Florida Building Code for new

 7  construction so that the cost of such improvements does not

 8  exceed approximately 15 percent of the cost of reroofing;

 9         4.  Strengthening or correcting roof-decking

10  attachments and fasteners during reroofing; and

11         5.  Adding or strengthening opening protections.

12         (3)  The Legislature finds that the integration of

13  these specifically identified mitigation measures is critical

14  to addressing the serious problem facing the state from damage

15  caused by windstorms and that delay in the adoption and

16  implementation constitutes a threat to the health, safety, and

17  welfare of the state. Accordingly, the Florida Building

18  Commission shall develop and adopt these measures by October

19  1, 2007, by rule separate from the Florida Building Code,

20  which take immediate effect and shall incorporate such

21  requirements into the next edition of the Florida Building

22  Code. Such rules shall require or otherwise clarify that:

23         (a)  A roof replacement must incorporate the techniques

24  specified in subparagraphs (2)(b)2. and 4.

25         (b)  For a building that is located in the wind-borne

26  debris region as defined in s. 1609.2 of the International

27  Building Code (2006) and that has a just valuation for

28  purposes of ad valorem taxation of $300,000 or more:

29         1.  A roof replacement must incorporate the techniques

30  specified in subparagraph (2)(b)3.

31  


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 1         2.  Any activity that requires a building permit that

 2  is applied for after January 1, 2008, must include provision

 3  of opening protection as required within the Florida Building

 4  Code for new construction of the building for buildings

 5  subject to the building permit.

 6         Section 3.  (1)  Before eliminating gravel or stone

 7  roofing systems in the Florida Building Code, the Florida

 8  Building Commission shall determine and document:

 9         (a)  Whether there is a scientific basis or reason for

10  eliminating this option;

11         (b)  Whether there is an available alternative that is

12  equivalent in cost and durability;

13         (c)  Whether eliminating this option will unnecessarily

14  restrict or eliminate business or consumer choice in roofing

15  systems; and

16         (d)  In consultation with the Fish and Wildlife

17  Conservation Commission, whether eliminating this option will

18  negatively affect the nesting habitat of any species of

19  nesting bird.

20         (2)  Notwithstanding s. 553.73, Florida Statutes, the

21  Florida Building Commission may adopt provisions to preserve

22  the use of gravel roof systems in future editions of the

23  Florida Building Code, if necessary to address the

24  determination of the issues addressed in this section.

25         Section 4.  Paragraph (d) of subsection (7) of section

26  468.609, Florida Statutes, is amended to read:

27         468.609  Administration of this part; standards for

28  certification; additional categories of certification.--

29         (7)

30         (d)  A newly employed or hired person may perform the

31  duties of a plans examiner or building code inspector for 120


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    CS for CS for SB 2836                         Second Engrossed



 1  90 days if a provisional certificate application has been

 2  submitted if, provided such person is under the direct

 3  supervision of a certified building code administrator who

 4  holds a standard certification and who has found such person

 5  qualified for a provisional certificate. However, Direct

 6  supervision and the determination of qualifications under this

 7  paragraph may also be provided by a building code

 8  administrator who holds a limited or provisional certificate

 9  in a any county having with a population of fewer less than

10  75,000 and in a any municipality located within such a county.

11         Section 5.  Subsection (7) of section 553.73, Florida

12  Statutes, as amended by section 7 of chapter 2007-1, Laws of

13  Florida, is amended to read:

14         553.73  Florida Building Code.--

15         (7)  Upon the conclusion of a triennial update to the

16  Florida Building Code, Notwithstanding the provisions of

17  subsection (3) or subsection (6), the commission may address

18  issues identified in this subsection by amending the code

19  pursuant only to the rule adoption procedures contained in

20  chapter 120. Provisions of the Florida Building Code,

21  including those contained in referenced standards and

22  criteria, relating to wind resistance or the prevention of

23  water intrusion may not be amended pursuant to this subsection

24  to diminish those construction requirements; however, the

25  commission may, subject to conditions in this subsection,

26  amend the provisions to enhance those construction

27  requirements. Following the approval of any amendments to the

28  Florida Building Code by the commission and publication of the

29  amendments on the commission's website, authorities having

30  jurisdiction to enforce the Florida Building Code may enforce

31  


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 1  the amendments. The commission may approve amendments that are

 2  needed to address:

 3         (a)  Conflicts within the updated code;

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

 5  Fire Prevention Code adopted pursuant to chapter 633;

 6         (c)  The omission of previously adopted

 7  Florida-specific amendments to the updated code if such

 8  omission is not supported by a specific recommendation of a

 9  technical advisory committee or particular action by the

10  commission; or

11         (d)  Unintended results from the integration of

12  previously adopted Florida-specific amendments with the model

13  code; or.

14         (e)  Changes to federal or state law.

15         Section 6.  Present paragraphs (d) through (g) of

16  subsection (3) of section 553.775, Florida Statutes, are

17  redesignated as paragraphs (e) through (h), respectively, and

18  a new paragraph (d) is added to that subsection, to read:

19         553.775  Interpretations.--

20         (3)  The following procedures may be invoked regarding

21  interpretations of the Florida Building Code:

22         (d)  Upon written application by any substantially

23  affected person, contractor, or designer, or a group

24  representing a substantially affected person, contractor, or

25  designer, the commission shall issue or cause to be issued a

26  formal interpretation of the Florida Building Code as

27  prescribed by paragraph (c).

28         Section 7.  Subsections (1), (2), (4), (8), (9), (10),

29  (11), (13), (15), and (18) of section 553.791, Florida

30  Statutes, are amended to read:

31         553.791  Alternative plans review and inspection.--


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 1         (1)  As used in this section, the term:

 2         (a)  "Applicable codes" means the Florida Building Code

 3  and any local technical amendments to the Florida Building

 4  Code but does not include the applicable minimum fire

 5  prevention and firesafety codes adopted pursuant to chapter

 6  633.

 7         (b)  "Audit" means the process to confirm that the

 8  building code inspection services have been performed by the

 9  private provider, including ensuring that the required

10  affidavit for the plan review has been properly completed and

11  affixed to the permit documents and that the minimum mandatory

12  inspections required under the building code have been

13  performed and properly recorded. The term does not mean that

14  the local building official is required to replicate the plan

15  review or inspection being performed by the private provider.

16         (c)(b)  "Building" means any construction, erection,

17  alteration, demolition, or improvement of, or addition to, any

18  structure for which permitting by a local enforcement agency

19  is required.

20         (d)(c)  "Building code inspection services" means those

21  services described in s. 468.603(6) and (7) involving the

22  review of building plans to determine compliance with

23  applicable codes and those inspections required by law of each

24  phase of construction for which permitting by a local

25  enforcement agency is required to determine compliance with

26  applicable codes.

27         (e)(d)  "Duly authorized representative" means an agent

28  by the private provider identified in the permit application

29  who reviews plans or performs inspections as provided by this

30  section and who is licensed as an engineer under chapter 471

31  


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 1  or as an architect under chapter 481 or who holds a standard

 2  certificate under part XII of chapter 468.

 3         (f)  "Immediate threat to public safety and welfare"

 4  means a building code violation that, if allowed to persist,

 5  constitutes an immediate hazard that could result in death,

 6  serious bodily injury, or significant property damage. This

 7  paragraph does not limit the authority of the local building

 8  official to issue a Notice of Corrective Action at any time

 9  during the construction of a building project or any portion

10  of such project if the official determines that a condition of

11  the building or portion thereof may constitute a hazard when

12  the building is put into use following completion as long as

13  the condition cited is shown to be in violation of the

14  building code or approved plans.

15         (g)(e)  "Local building official" means the individual

16  within the governing jurisdiction responsible for direct

17  regulatory administration or supervision of plans review,

18  enforcement, and inspection of any construction, erection,

19  alteration, demolition, or substantial improvement of, or

20  addition to, any structure for which permitting is required to

21  indicate compliance with applicable codes and includes any

22  duly authorized designee of such person.

23         (h)(f)  "Permit application" means a properly completed

24  and submitted application for the requested building or

25  construction permit, including:

26         1.  The plans reviewed by the private provider.

27         2.  The affidavit from the private provider required

28  under pursuant to subsection (6).

29         3.  Any applicable fees.

30  

31  


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 1         4.  Any documents required by the local building

 2  official to determine that the fee owner has secured all other

 3  government approvals required by law.

 4         (i)(g)  "Private provider" means a person licensed as

 5  an engineer under chapter 471 or as an architect under chapter

 6  481. For purposes of performing inspections under this section

 7  for additions and alterations that are limited to 1,000 square

 8  feet or less to residential buildings, the term "private

 9  provider" also includes a person who holds a standard

10  certificate under part XII of chapter 468.

11         (j)(h)  "Request for certificate of occupancy or

12  certificate of completion" means a properly completed and

13  executed application for:

14         1.  A certificate of occupancy or certificate of

15  completion.

16         2.  A certificate of compliance from the private

17  provider required under pursuant to subsection (11).

18         3.  Any applicable fees.

19         4.  Any documents required by the local building

20  official to determine that the fee owner has secured all other

21  government approvals required by law.

22         (k)  "Stop-work order" means the issuance of any

23  written statement, written directive, or written order which

24  states the reason for the order and the conditions under which

25  the cited work will be permitted to resume.

26         (2)  Notwithstanding any other provision of law or

27  local government ordinance or local policy, the fee owner of a

28  building or structure, or the fee owner's contractor upon

29  written authorization from the fee owner, may choose to use a

30  private provider to provide building code inspection services

31  with regard to such building or structure and may make payment


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 1  directly to the private provider for the provision of such

 2  services. All such services shall be the subject of a written

 3  contract between the private provider, or the private

 4  provider's firm, and the fee owner or the fee owner's

 5  contractor, upon written authorization of the fee owner. The

 6  fee owner may elect to use a private provider to provide plans

 7  review or required building inspections, or both. However, if

 8  the fee owner or the fee owner's contractor uses a private

 9  provider to provide plans review, the local building official,

10  in his or her discretion and pursuant to duly adopted policies

11  of the local enforcement agency, may require the fee owner or

12  the fee owner's contractor to use a private provider to also

13  provide required building inspections.

14         (4)  A fee owner or the fee owner's contractor using a

15  private provider to provide building code inspection services

16  shall notify the local building official at the time of permit

17  application, or no less than 7 business days prior to the

18  first scheduled inspection by the local building official or

19  building code enforcement agency for a private provider

20  performing required inspections of construction under this

21  section, on a form to be adopted by the commission. This

22  notice shall include the following information:

23         (a)  The services to be performed by the private

24  provider.

25         (b)  The name, firm, address, telephone number, and

26  facsimile number of each private provider who is performing or

27  will perform such services, his or her professional license or

28  certification number, qualification statements or resumes,

29  and, if required by the local building official, a certificate

30  of insurance demonstrating that professional liability

31  insurance coverage is in place for the private provider's


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 1  firm, the private provider, and any duly authorized

 2  representative in the amounts required by this section.

 3         (c)  An acknowledgment from the fee owner in

 4  substantially the following form:

 5  

 6         I have elected to use one or more private

 7         providers to provide building code plans review

 8         and/or inspection services on the building or

 9         structure that is the subject of the enclosed

10         permit application, as authorized by s.

11         553.791, Florida Statutes. I understand that

12         the local building official may not review the

13         plans submitted or perform the required

14         building inspections to determine compliance

15         with the applicable codes, except to the extent

16         specified in said law. Instead, plans review

17         and/or required building inspections will be

18         performed by licensed or certified personnel

19         identified in the application. The law requires

20         minimum insurance requirements for such

21         personnel, but I understand that I may require

22         more insurance to protect my interests. By

23         executing this form, I acknowledge that I have

24         made inquiry regarding the competence of the

25         licensed or certified personnel and the level

26         of their insurance and am satisfied that my

27         interests are adequately protected. I agree to

28         indemnify, defend, and hold harmless the local

29         government, the local building official, and

30         their building code enforcement personnel from

31         any and all claims arising from my use of these


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 1         licensed or certified personnel to perform

 2         building code inspection services with respect

 3         to the building or structure that is the

 4         subject of the enclosed permit application.

 5  

 6  If the fee owner or the fee owner's contractor makes any

 7  changes to the listed private providers or the services to be

 8  provided by those private providers, the fee owner or the fee

 9  owner's contractor shall, within 1 business day after any

10  change, update the notice to reflect such changes. A change of

11  a duly authorized representative named in the permit

12  application does not require a revision of the permit, and the

13  building code enforcement agency shall not charge a fee for

14  making the change. In addition, the fee owner or the fee

15  owner's contractor shall post at the project site, prior to

16  the commencement of construction and updated within 1 business

17  day after any change, on a form to be adopted by the

18  commission, the name, firm, address, telephone number, and

19  facsimile number of each private provider who is performing or

20  will perform building code inspection services, the type of

21  service being performed, and similar information for the

22  primary contact of the private provider on the project.

23  

24         (8)  A private provider performing required inspections

25  under this section shall inspect each phase of construction as

26  required by the applicable codes. The private provider shall

27  be permitted to send a duly authorized representative to the

28  building site to perform the required inspections, provided

29  all required reports and certifications are prepared by and

30  bear the signature of the private provider or the private

31  provider's duly authorized representative. The duly authorized


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 1  representative must be an employee of the private provider

 2  entitled to receive unemployment compensation benefits under

 3  chapter 443. The contractor's contractual or legal obligations

 4  are not relieved by any action by the private provider.

 5         (9)  A private provider performing required inspections

 6  under this section shall provide notice to the local building

 7  official of the date and approximate time of any such

 8  inspection no later than the prior business day by 2 p.m.

 9  local time or by any later time permitted by the local

10  building official in that jurisdiction.  The local building

11  official may visit the building site as often as necessary to

12  verify that the private provider is performing all required

13  inspections. A deficiency notice must be posted at the job

14  site by the private provider, the duly authorized

15  representative of the private provider, or the building

16  department whenever a noncomplying item related to the

17  building code or the permitted documents is found. After

18  corrections are made, the item must be reinspected by the

19  private provider or representative before being concealed.

20  Reinspection or reaudit fees shall not be charged by the local

21  jurisdiction as a result of the local jurisdiction's audit

22  inspection occurring before the performance of the private

23  provider's inspection or for any other administrative matter

24  not involving the detection of a violation of the building

25  code or a permit requirement.

26         (10)  Upon completing the required inspections at each

27  applicable phase of construction, the private provider shall

28  record such inspections on a form acceptable to the local

29  building official. The form must be signed by the provider or

30  the provider's duly authorized representative. These

31  inspection records shall reflect those inspections required by


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 1  the applicable codes of each phase of construction for which

 2  permitting by a local enforcement agency is required. The

 3  private provider, before leaving the project site, shall post

 4  each completed inspection record, indicating pass or fail, at

 5  the site and provide the record to the local building official

 6  within 2 business days. The local building official may waive

 7  the requirement to provide a record of each inspection within

 8  2 business days if the record is posted at the project site

 9  and all such inspection records are submitted with the

10  certificate of compliance. Records of all required and

11  completed inspections shall be maintained at the building site

12  at all times and made available for review by the local

13  building official. The private provider shall report to the

14  local enforcement agency any condition that poses an immediate

15  threat to public safety and welfare.

16         (11)  Upon completion of all required inspections, the

17  private provider shall prepare a certificate of compliance, on

18  a form acceptable to the local building official, summarizing

19  the inspections performed and including a written

20  representation, under oath, that the stated inspections have

21  been performed and that, to the best of the private provider's

22  knowledge and belief, the building construction inspected

23  complies with the approved plans and applicable codes.  The

24  statement required of the private provider shall be

25  substantially in the following form and shall be signed and

26  sealed by a private provider as established in subsection (1):

27  

28         To the best of my knowledge and belief, the

29         building components and site improvements

30         outlined herein and inspected under my

31         authority have been completed in conformance


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 1         with the approved plans and the applicable

 2         codes.

 3  

 4         (13)  If the local building official determines that

 5  the building construction or plans do not comply with the

 6  applicable codes, the official may deny the permit or request

 7  for a certificate of occupancy or certificate of completion,

 8  as appropriate, or may issue a stop-work order for the project

 9  or any portion thereof as provided by law, if the official

10  determines that the such noncompliance poses an immediate a

11  threat to public safety and welfare, subject to the following:

12         (a)  The local building official shall be available to

13  meet with the private provider within 2 business days to

14  resolve any dispute after issuing a stop-work order or

15  providing notice to the applicant denying a permit or request

16  for a certificate of occupancy or certificate of completion.

17         (b)  If the local building official and private

18  provider are unable to resolve the dispute, the matter shall

19  be referred to the local enforcement agency's board of

20  appeals, if one exists, which shall consider the matter at its

21  next scheduled meeting or sooner. Any decisions by the local

22  enforcement agency's board of appeals, or local building

23  official if there is no board of appeals, may be appealed to

24  the commission as provided by this chapter.

25         (c)  Notwithstanding any provision of this section, any

26  decisions regarding the issuance of a building permit,

27  certificate of occupancy, or certificate of completion may be

28  reviewed by the local enforcement agency's board of appeals,

29  if one exists. Any decision by the local enforcement agency's

30  board of appeals, or local building official if there is no

31  board of appeals, may be appealed to the commission as


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 1  provided by this chapter, which shall consider the matter at

 2  the commission's next scheduled meeting.

 3         (15)(a)  A No local enforcement agency, local building

 4  official, or local government may not adopt or enforce any

 5  laws, rules, procedures, policies, qualifications, or

 6  standards more stringent than those prescribed by this

 7  section.

 8         (b)  A local enforcement agency, local building

 9  official, or local government may establish, for private

10  providers and duly authorized representatives working within

11  that jurisdiction, a system of registration to verify

12  compliance with the licensure requirements of paragraph (1)(g)

13  and the insurance requirements of subsection (16).

14         (c)  Nothing in This section does not limit limits the

15  authority of the local building official to issue a stop-work

16  order for a building project or any portion of the project

17  such order, as provided by law, if the official determines

18  that a condition on the building site constitutes an immediate

19  threat to public safety and welfare.

20         (18)  Each local building code enforcement agency may

21  audit the performance of building code inspection services by

22  private providers operating within the local jurisdiction.

23  Work on a building or structure may proceed after inspection

24  and approval by a private provider if the provider has given

25  notice of the inspection pursuant to subsection (9) and,

26  subsequent to such inspection and approval, the work shall may

27  not be delayed for completion of an inspection audit by the

28  local building code enforcement agency.

29         Section 8.  Section 553.841, Florida Statutes, is

30  amended to read:

31  


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 1         553.841  Building code compliance and mitigation

 2  program education and outreach program.--

 3         (1)  The Legislature finds that knowledge and

 4  understanding by persons licensed in the design and

 5  construction industries of the importance and need for

 6  complying with the Florida Building Code is vital to the

 7  public health, safety, and welfare of this state, especially

 8  for mitigating damage caused by hurricanes to residents and

 9  visitors to the state. The Legislature further finds that the

10  Florida Building Code can be effective only if all

11  participants in the design and construction industries

12  maintain a thorough knowledge of the code and additions

13  thereto which improve construction standards to protect

14  against storm and other damage. Consequently, the Legislature

15  finds that there is a need for a program to provide ongoing

16  education and outreach activities concerning compliance with

17  the Florida Building Code and hurricane mitigation the

18  effectiveness of the building codes of this state depends on

19  the performance of all participants, as demonstrated through

20  knowledge of the codes and commitment to compliance with code

21  directives, and that to strengthen compliance by industry and

22  enforcement by government, a building code education and

23  outreach program is needed.

24         (2)  The Department of Community Affairs shall

25  administer a program, designated as the Florida Building Code

26  Compliance and Mitigation Program, to develop, coordinate, and

27  maintain education and outreach to persons required to comply

28  with the Florida Building Code and ensure consistent

29  education, training, and communication of the code's

30  requirements, including, but not limited to, methods for

31  mitigation of storm-related damage. The program shall also


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 1  operate a clearinghouse through which design, construction,

 2  and building code enforcement licensees, suppliers, and

 3  consumers in this state may find others in order to exchange

 4  information relating to mitigation and facilitate repairs in

 5  the aftermath of a natural disaster. There is created the

 6  Building Code Education and Outreach Council to coordinate,

 7  develop, and maintain education and outreach to ensure

 8  administration and enforcement of the Florida Building Code.

 9         (3)  All services and materials under the Florida

10  Building Code Compliance and Mitigation Program must be

11  provided by a private, nonprofit corporation under contract

12  with the department. The term of the contract shall be for 4

13  years, with the option of one 4-year renewal at the end of the

14  contract term. The initial contract must be in effect no later

15  than November 1, 2007. The private, nonprofit corporation must

16  be an organization whose membership includes trade and

17  professional organizations whose members consist primarily of

18  persons and entities that are required to comply with the

19  Florida Building Code and that are licensed under part XII of

20  chapter 468, chapter 471, chapter 481, or chapter 489. When

21  selecting the private, nonprofit corporation for the program,

22  the department must give primary consideration to the

23  corporation's demonstrated experience and the ability to:

24         (a)  Develop and deliver building code-related

25  education, training, and outreach;

26         (b)  Directly access the majority of persons licensed

27  in the occupations of design, construction, and building code

28  enforcement individually and through established statewide

29  trade and professional association networks;

30         (c)  Serve as a clearinghouse to deliver education and

31  outreach throughout the state. The clearinghouse must serve as


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 1  a focal point at which persons licensed to design, construct,

 2  and enforce building codes and suppliers and consumers can

 3  find each other in order to exchange information relating to

 4  mitigation and facilitate repairs in the aftermath of a

 5  natural disaster;

 6         (d)  Accept input from the Florida Building Commission,

 7  licensing regulatory boards, local building departments, and

 8  the design and construction industries in order to improve its

 9  education and outreach programs; and

10         (e)  Promote design and construction techniques and

11  materials for mitigating hurricane damage at a Florida-based

12  trade conference that includes participants from the broadest

13  possible range of design and construction trades and

14  professions, including from those private and public-sector

15  entities having jurisdiction over building codes and design

16  and construction licensure. The Building Code Education and

17  Outreach Council shall be composed of the following members:

18         (a)  Three representatives of the Florida Building

19  Commission, one of whom must be a member of a Florida-based

20  organization of persons with disabilities or a nationally

21  chartered organization of persons with disabilities having

22  chapters in this state, selected by the commission;

23         (b)  One representative of the Florida Building Code

24  Administrators and Inspectors Board, selected by that board;

25         (c)  One representative of the Construction Industry

26  Licensing Board, selected by that board;

27         (d)  One representative of the Electrical Contractors'

28  Licensing Board, selected by that board;

29         (e)  One representative of the Florida Board of

30  Professional Engineers, selected by that board;

31  


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 1         (f)  One architect representative of the Board of

 2  Architecture and Interior Design, selected by that board;

 3         (g)  One interior designer representative of the Board

 4  of Architecture and Interior Design, selected by that board;

 5         (h)  One representative of the Board of Landscape

 6  Architecture, selected by that board;

 7         (i)  One representative from the office of the State

 8  Fire Marshal, selected by that office; and

 9         (j)  One representative with experience and expertise

10  in K-12 public school construction.

11  

12  Each member of the board shall be appointed to a 2-year term

13  and may be reappointed at the discretion of the appointing

14  body. A chair shall be elected by majority vote of the council

15  and shall serve a term of 1 year.

16         (4)  The Building Code Education and Outreach Council

17  shall meet in Tallahassee no more than semiannually. The

18  council may meet more often but not more than monthly, and

19  such additional meetings shall be by telephone conference

20  call. Travel costs, if any, shall be borne by the respective

21  appointing entity. The Department of Community Affairs shall

22  provide administrative support to the council; however, the

23  department may contract with an entity that has previous

24  experience with building code training, development, and

25  coordination to provide administrative support for the

26  council.

27         (5)  The Building Code Education and Outreach Council

28  shall:

29         (a)  Consider and determine any policies or procedures

30  needed to administer ss. 489.109(3) and 489.509(3).

31         (b)  Administer the provisions of this section.


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 1         (c)  Determine the areas of priority for which funds

 2  should be expended for education and outreach.

 3         (d)  Review all proposed subjects for advanced courses

 4  concerning the Florida Building Code and recommend to the

 5  commission any related subjects that should be approved for

 6  advanced courses.

 7         (4)(6)  The department, in administering the Florida

 8  Building Code Compliance and Mitigation Program, Building Code

 9  Education and Outreach Council shall maintain, update,

10  develop, or cause to be developed:

11         (a)  A core curriculum that is prerequisite to the

12  advanced module coursework.

13         (b)  Advanced modules designed for use by each

14  profession.

15         (c)  The core curriculum developed under this

16  subsection must be approved by the commission and submitted to

17  the Department of Business and Professional Regulation for

18  approval. Advanced modules developed under this paragraph must

19  be approved by the commission and submitted to the respective

20  boards for approval.

21         (5)(7)  The core curriculum shall cover the information

22  required to have all categories of participants appropriately

23  informed as to their technical and administrative

24  responsibilities in the effective execution of the code

25  process by all individuals currently licensed under part XII

26  of chapter 468, chapter 471, chapter 481, or chapter 489,

27  except as otherwise provided in s. 471.017. The core

28  curriculum shall be prerequisite to the advanced module

29  coursework for all licensees and shall be completed by

30  individuals licensed in all categories under part XII of

31  chapter 468, chapter 471, chapter 481, or chapter 489 within


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 1  the first 2-year period after initial licensure. Core course

 2  hours taken by licensees to complete this requirement shall

 3  count toward fulfillment of required continuing education

 4  units under part XII of chapter 468, chapter 471, chapter 481,

 5  or chapter 489.

 6         (6)(8)  Each biennium, upon receipt of funds by the

 7  Department of Community Affairs from the Construction Industry

 8  Licensing Board and the Electrical Contractors' Licensing

 9  Board provided under ss. 489.109(3) and 489.509(3), the

10  department council shall determine the amount of funds

11  available for the Florida Building Code Compliance and

12  Mitigation Program education and outreach projects from the

13  proceeds of contractor licensing fees and identify, solicit,

14  and accept funds from other sources for education and outreach

15  projects.

16         (7)(9)  If the funds collected for education and

17  outreach projects provided through the Florida Building Code

18  Compliance and Mitigation Program in any state fiscal year do

19  not require the use of all available funds, the unused funds

20  shall be carried forward and allocated for use during the

21  following fiscal year.

22         (8)  The Florida Building Commission shall provide by

23  rule for the accreditation of courses related to the Florida

24  Building Code by accreditors approved by the commission. The

25  commission shall establish qualifications of accreditors and

26  criteria for the accreditation of courses by rule. The

27  commission may revoke the accreditation of a course by an

28  accreditor if the accreditation is demonstrated to violate

29  this part or the rules of the commission.

30  

31  


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 1         (9)  This section does not prohibit or limit the

 2  subject areas or development of continuing education or

 3  training on the Florida Building Code by any qualified entity.

 4         (10)  The commission shall consider and approve or

 5  reject the recommendations made by the council for subjects

 6  for education and outreach concerning the Florida Building

 7  Code. Any rejection must be made with specificity and must be

 8  communicated to the council.

 9         (11)  The commission shall adopt rules for establishing

10  procedures and criteria for the approval of advanced courses.

11  This section does not modify or eliminate the continuing

12  education course requirements or authority of any licensing

13  board under part XII of chapter 468, chapter 471, chapter 481,

14  or chapter 489.

15         Section 9.  Paragraph (a) of subsection (5) and

16  subsection (7) of section 553.842, Florida Statutes, are

17  amended, and subsection (16) is added to that section to read:

18         553.842  Product evaluation and approval.--

19         (5)  Statewide approval of products, methods, or

20  systems of construction may be achieved by one of the

21  following methods. One of these methods must be used by the

22  commission to approve the following categories of products:

23  panel walls, exterior doors, roofing, skylights, windows,

24  shutters, and structural components as established by the

25  commission by rule.

26         (a)  Products for which the code establishes

27  standardized testing or comparative or rational analysis

28  methods shall be approved by submittal and validation of one

29  of the following reports or listings indicating that the

30  product or method or system of construction was evaluated to

31  be in compliance with the Florida Building Code and that the


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 1  product or method or system of construction is, for the

 2  purpose intended, at least equivalent to that required by the

 3  Florida Building Code:

 4         1.  A certification mark or listing of an approved

 5  certification agency, which may be used only for products for

 6  which the code designates standardized testing;

 7         2.  A test report from an approved testing laboratory;

 8         3.  A product evaluation report based upon testing or

 9  comparative or rational analysis, or a combination thereof,

10  from an approved product evaluation entity; or

11         4.  A product evaluation report based upon testing or

12  comparative or rational analysis, or a combination thereof,

13  developed and signed and sealed by a professional engineer or

14  architect, licensed in this state.

15  

16  A product evaluation report or a certification mark or listing

17  of an approved certification agency which demonstrates that

18  the product or method or system of construction complies with

19  the Florida Building Code for the purpose intended shall be

20  equivalent to a test report and test procedure as referenced

21  in the Florida Building Code.

22         (7)  For state approvals, validation shall be performed

23  by validation entities approved by the commission. The

24  commission shall adopt by rule criteria for approval of

25  validation entities, which shall be third-party entities

26  independent of the product's manufacturer and which shall

27  certify to the commission the product's compliance with the

28  code. The commission may adopt by rule a schedule of penalties

29  to be imposed against approved validation entities that

30  validate product applications in violation of this section or

31  rules adopted under this section.


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 1         (16)  The commission may adopt a rule that identifies

 2  standards that are equivalent to or more stringent than those

 3  specifically adopted by the code, thereby allowing the use in

 4  this state of the products that comply with the equivalent

 5  standard.

 6         Section 10.  Subsections (2) and (6) of section

 7  633.081, Florida Statutes, are amended to read:

 8         633.081  Inspection of buildings and equipment; orders;

 9  firesafety inspection training requirements; certification;

10  disciplinary action.--The State Fire Marshal and her or his

11  agents shall, at any reasonable hour, when the department has

12  reasonable cause to believe that a violation of this chapter

13  or s. 509.215, or a rule promulgated thereunder, or a minimum

14  firesafety code adopted by a local authority, may exist,

15  inspect any and all buildings and structures which are subject

16  to the requirements of this chapter or s. 509.215 and rules

17  promulgated thereunder. The authority to inspect shall extend

18  to all equipment, vehicles, and chemicals which are located

19  within the premises of any such building or structure.

20         (2)  Every firesafety inspection conducted pursuant to

21  state or local firesafety requirements shall be by a person

22  certified as having met the inspection training requirements

23  set by the State Fire Marshal.  Such person shall:

24         (a)  Be a high school graduate or the equivalent as

25  determined by the department;

26         (b)  Not have been found guilty of, or having pleaded

27  guilty or nolo contendere to, a felony or a crime punishable

28  by imprisonment of 1 year or more under the law of the United

29  States, or of any state thereof, which involves moral

30  turpitude, without regard to whether a judgment of conviction

31  


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 1  has been entered by the court having jurisdiction of such

 2  cases;

 3         (c)  Have her or his fingerprints on file with the

 4  department or with an agency designated by the department;

 5         (d)  Have good moral character as determined by the

 6  department;

 7         (e)  Be at least 18 years of age a resident of Florida;

 8         (f)  Have satisfactorily completed the firesafety

 9  inspector certification examination as prescribed by the

10  department; and

11         (g)1.  Have satisfactorily completed, as determined by

12  the department, a firesafety inspector training program of not

13  less than 200 hours, as established by the department and

14  administered by such agencies and institutions as approved by

15  the department for the purpose of providing basic

16  certification training for firesafety inspectors; or

17         2.  Have received in another state training which is

18  determined by the department to be at least equivalent to that

19  required by the department for approved firesafety inspector

20  education and training programs in this state.

21         (6)  The State Fire Marshal may deny, refuse to renew,

22  suspend, or revoke the certificate of a firesafety inspector

23  or special state firesafety inspector if it finds that any of

24  the following grounds exist:

25         (a)  Any cause for which issuance of a certificate

26  could have been refused had it then existed and been known to

27  the State Fire Marshal.

28         (b)  Violation of any provision of this chapter or any

29  rule or order of the State Fire Marshal.

30         (c)  Falsification of records relating to the

31  certificate.


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 1         (d)  Having been found guilty of or having pleaded

 2  guilty or nolo contendere to a felony, whether or not a

 3  judgment of conviction has been entered.

 4         (e)  Failure to meet any of the renewal requirements.

 5         (f)  Having been convicted of a crime in any

 6  jurisdiction which directly relates to the practice of fire

 7  code inspection, plan review, or administration.

 8         (g)  Making or filing a report or record that the

 9  certificateholder knows to be false, or knowingly inducing

10  another to file a false report or record, or knowingly failing

11  to file a report or record required by state or local law, or

12  knowingly impeding or obstructing such filing, or knowingly

13  inducing another person to impede or obstruct such filing.

14         (h)  Failing to properly enforce applicable fire codes

15  or permit requirements within this state which the

16  certificateholder knows are applicable by committing willful

17  misconduct, gross negligence, gross misconduct, repeated

18  negligence, or negligence resulting in a significant danger to

19  life or property.

20         (i)  Accepting labor, services, or materials at no

21  charge or at a noncompetitive rate from any person who

22  performs work that is under the enforcement authority of the

23  certificateholder and who is not an immediate family member of

24  the certificateholder. For the purpose of this paragraph, the

25  term "immediate family member" means a spouse, child, parent,

26  sibling, grandparent, aunt, uncle, or first cousin of the

27  person or the person's spouse or any person who resides in the

28  primary residence of the certificateholder.

29         Section 11.  Subsection (9) of section 633.521, Florida

30  Statutes, is amended, and subsection (11) is added to that

31  section, to read:


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 1         633.521  Certificate application and issuance; permit

 2  issuance; examination and investigation of applicant.--

 3         (9)  It is the intent of the Legislature that the

 4  inspections and testing of automatic fire sprinkler systems

 5  for detached one-family dwellings, detached two-family

 6  dwellings, and mobile homes be accomplished by the owner, who

 7  is responsible for requesting service from a contractor when

 8  necessary. It is further intended that the NFPA-25 inspection

 9  of exposed underground piping and any attached appurtenances

10  supplying a fire protection system be conducted by a

11  Contractor I or Contractor II.

12         (11)  It is intended that a certificateholder, or a

13  permitholder who is employed by a certificateholder, conduct

14  inspections required by this chapter. It is understood that

15  after July 1, 2008, employee turnover may result in a

16  depletion of personnel who are certified under the NICET

17  Sub-field of Inspection and Testing of Fire Protection Systems

18  Level II which is required for permitholders. The extensive

19  training and experience necessary to achieve NICET Level II

20  certification is recognized. A certificateholder may therefore

21  obtain a provisional permit with an endorsement for

22  inspection, testing, and maintenance of water-based fire

23  extinguishing systems for an employee if the employee has

24  initiated procedures for obtaining Level II certification from

25  the National Institute for Certification in Engineering

26  Technologies Sub-field of Inspection and Testing of Fire

27  Protection Systems and achieved Level I certification. After 2

28  years of provisional certification, the employee must have

29  achieved NICET Level II certification or cease performing

30  inspections requiring Level II certification. The provisional

31  permit is valid only for the 2 calendar years after the date


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 1  of issuance, may not be extended, and is not renewable. After

 2  the initial 2-year provisional permit expires, the

 3  certificateholder must wait 2 additional years before a new

 4  provisional permit may be issued. The intent is to prohibit

 5  the certificateholder from using employees who never reach

 6  NICET Level II status by continuously obtaining provisional

 7  permits.

 8         Section 12.  Subsection (4) of section 633.537, Florida

 9  Statutes, is amended to read:

10         633.537  Certificate; expiration; renewal; inactive

11  certificate; continuing education.--

12         (4)  The renewal period for the permit class is the

13  same as that for of the employing certificateholder. The

14  continuing education requirements for permitholders are what

15  is required to maintain NICET Sub-field of Inspection and

16  Testing of Fire Protection Systems Level II or higher

17  certification plus 8 shall be 8 contact hours by June 30,

18  2006. An additional 16 contact hours of continuing education

19  is required by June 30, 2008, and during each biennial renewal

20  period thereafter. The continuing education curriculum from

21  July 1, 2005, until July 1, 2008, shall be the preparatory

22  curriculum for NICET II certification; after July 1, 2008, the

23  technical curriculum is at the discretion of the State Fire

24  Marshal and may be used to meet the maintenance of NICET Level

25  II certification and 8 contact hours of continuing education

26  requirements. It is the responsibility of the permitholder to

27  maintain NICET II certification as a condition of permit

28  renewal after July 1, 2008.

29         Section 13.  The Florida Building Commission shall

30  review modifications 2151, 2152, 2153 and 2492, reviewed by

31  the commission's technical advisory committee. The commission


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 1  shall take public comment on these modifications, including

 2  the need for the modifications, how the modifications will

 3  affect the health, safety, and welfare of the residents of

 4  this state, and the continuing need for any Florida-specific

 5  requirement of the code which the modifications seek to

 6  repeal. Notwithstanding s. 553.73, Florida Statutes, the

 7  commission may adopt or modify the modifications in response

 8  to the public comments subject only to the rule-adoption

 9  procedures of chapter 120, Florida Statutes, for inclusion in

10  the next edition of the Florida Building Code.

11         Section 14.  It is the intent of the Legislature that

12  scientifically valid and actuarially sound windstorm

13  mitigation rate factors, premium discounts, and differentials

14  be provided to residential and commercial property insurance

15  policyholders. In order to ensure the validity of such

16  factors, the Office of Insurance Regulation, in consultation

17  with the Department of Community Affairs and the Florida

18  Building Commission, shall conduct or cause to be conducted

19  one or more wind-loss mitigation studies, subject to

20  appropriation of funds by the Legislature for this purpose.

21  The studies shall evaluate the windstorm loss relativities for

22  construction features, including, but not limited to, those

23  that enhance roof strength, roof-covering performance,

24  roof-to-wall strength, wall-to-floor-to-foundation strength,

25  opening protections, and window, door, and skylight strength.

26  The studies shall include residential property, including

27  single-family and multifamily homes, mobile homes, and

28  condominiums, and commercial nonresidential property. The

29  studies shall include, but need not be limited to, an analysis

30  of loss data from the 2004 and 2005 hurricanes. The findings

31  of the studies shall be reported to the Governor, the


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 1  President of the Senate, the Speaker of the House of

 2  Representatives, the Chief Financial Officer, and the

 3  Commissioner of Insurance Regulation by January 1, 2008, with

 4  regard to residential property, and by March 1, 2008, with

 5  regard to commercial nonresidential property.

 6         Section 15.  The Florida Building Commission shall, in

 7  consultation with the Florida Energy Commission, the Building

 8  Officials Association of Florida, the Florida Energy Office,

 9  the Florida Home Builders Association, the Florida Association

10  of Counties, the Florida League of Cities, and other

11  stakeholders, review the Florida Energy Code for new building

12  construction. Specifically, the commission must evaluate the

13  analysis of the cost-effectiveness that serves as the basis

14  for energy-efficiency levels for residential buildings,

15  identify cost-effective means to improve energy efficiency in

16  commercial buildings, and compare the findings to the

17  International Energy Conservation Code and the American

18  Society of Heating, Air Conditioning, and Refrigeration

19  Engineers Standards 90.1 and 90.2. The commission must

20  complete and present a report to the Legislature no later than

21  March 1, 2008. The report must include a new energy-efficiency

22  standard that may be adopted for the construction of all new

23  residential, commercial, and government buildings.

24         Section 16.  The sum of $1 million is appropriated from

25  the Department of Community Affairs Operating Trust Fund for

26  the 2007-2008 fiscal year for the purpose of implementing and

27  administering s. 553.841, Florida Statutes, relating to the

28  Florida Building Code Compliance and Mitigation Program.

29         Section 17.  This act shall take effect upon becoming a

30  law.

31  


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