Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 560
103338
Senate
Comm: RCS
4/15/2008
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House
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The Committee on Transportation and Economic Development
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Appropriations (Diaz de la Portilla) recommended the following
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amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (2) of section 163.04, Florida
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Statutes, is amended to read:
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163.04 Energy devices based on renewable resources.--
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(2) A deed restriction, covenant, declaration, or similar
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binding agreement may not No deed restrictions, covenants, or
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similar binding agreements running with the land shall prohibit
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or have the effect of prohibiting solar collectors, clotheslines,
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or other energy devices based on renewable resources from being
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installed on buildings erected on the lots or parcels covered by
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the deed restriction, covenant, declaration, or binding agreement
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restrictions, covenants, or binding agreements. A property owner
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may not be denied permission to install solar collectors or other
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energy devices based on renewable resources by any entity granted
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the power or right in any deed restriction, covenant,
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declaration, or similar binding agreement to approve, forbid,
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control, or direct alteration of property with respect to
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residential dwellings and within the boundaries of a condominium
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unit not exceeding three stories in height. For purposes of this
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subsection, Such entity may determine the specific location where
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solar collectors may be installed on the roof within an
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orientation to the south or within 45° east or west of due south
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if provided that such determination does not impair the effective
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operation of the solar collectors.
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Section 2. Paragraphs (a), (b), (d), (f), and (j) of
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subsection (6) of section 163.3177, Florida Statutes, are amended
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to read:
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163.3177 Required and optional elements of comprehensive
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plan; studies and surveys.--
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(6) In addition to the requirements of subsections (1)-(5)
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and (12), the comprehensive plan shall include the following
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elements:
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(a) A future land use plan element designating proposed
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future general distribution, location, and extent of the uses of
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land for residential uses, commercial uses, industry,
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agriculture, recreation, conservation, education, public
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buildings and grounds, other public facilities, and other
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categories of the public and private uses of land. Counties are
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encouraged to designate rural land stewardship areas, pursuant to
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the provisions of paragraph (11)(d), as overlays on the future
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land use map. Each future land use category must be defined in
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terms of uses included, and must include standards to be followed
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in the control and distribution of population densities and
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building and structure intensities. The proposed distribution,
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location, and extent of the various categories of land use shall
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be shown on a land use map or map series which shall be
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supplemented by goals, policies, and measurable objectives. The
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future land use plan shall be based upon surveys, studies, and
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data regarding the area, including the amount of land required to
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accommodate anticipated growth; the projected population of the
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area; the character of undeveloped land; the availability of
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water supplies, public facilities, and services; the need for
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redevelopment, including the renewal of blighted areas and the
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elimination of nonconforming uses which are inconsistent with the
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character of the community; the compatibility of uses on lands
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adjacent to or closely proximate to military installations; the
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discouragement of urban sprawl; energy-efficient land use
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patterns accounting for existing and future electric power
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generation and transmission systems; greenhouse gas reduction
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strategies; and, in rural communities, the need for job creation,
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capital investment, and economic development that will strengthen
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and diversify the community's economy. The future land use plan
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may designate areas for future planned development use involving
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combinations of types of uses for which special regulations may
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be necessary to ensure development in accord with the principles
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and standards of the comprehensive plan and this act. The future
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land use plan element shall include criteria to be used to
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achieve the compatibility of adjacent or closely proximate lands
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with military installations. In addition, for rural communities,
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the amount of land designated for future planned industrial use
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shall be based upon surveys and studies that reflect the need for
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job creation, capital investment, and the necessity to strengthen
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and diversify the local economies, and shall not be limited
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solely by the projected population of the rural community. The
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future land use plan of a county may also designate areas for
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possible future municipal incorporation. The land use maps or map
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series shall generally identify and depict historic district
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boundaries and shall designate historically significant
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properties meriting protection. For coastal counties, the future
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land use element must include, without limitation, regulatory
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incentives and criteria that encourage the preservation of
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recreational and commercial working waterfronts as defined in s.
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342.07. The future land use element must clearly identify the
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land use categories in which public schools are an allowable use.
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When delineating the land use categories in which public schools
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are an allowable use, a local government shall include in the
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categories sufficient land proximate to residential development
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to meet the projected needs for schools in coordination with
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public school boards and may establish differing criteria for
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schools of different type or size. Each local government shall
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include lands contiguous to existing school sites, to the maximum
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extent possible, within the land use categories in which public
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schools are an allowable use. The failure by a local government
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to comply with these school siting requirements will result in
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the prohibition of the local government's ability to amend the
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local comprehensive plan, except for plan amendments described in
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s. 163.3187(1)(b), until the school siting requirements are met.
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Amendments proposed by a local government for purposes of
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identifying the land use categories in which public schools are
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an allowable use are exempt from the limitation on the frequency
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of plan amendments contained in s. 163.3187. The future land use
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element shall include criteria that encourage the location of
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schools proximate to urban residential areas to the extent
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possible and shall require that the local government seek to
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collocate public facilities, such as parks, libraries, and
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community centers, with schools to the extent possible and to
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encourage the use of elementary schools as focal points for
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neighborhoods. For schools serving predominantly rural counties,
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defined as a county with a population of 100,000 or fewer, an
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agricultural land use category shall be eligible for the location
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of public school facilities if the local comprehensive plan
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contains school siting criteria and the location is consistent
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with such criteria. Local governments required to update or amend
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their comprehensive plan to include criteria and address
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compatibility of adjacent or closely proximate lands with
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existing military installations in their future land use plan
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element shall transmit the update or amendment to the department
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by June 30, 2006.
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(b) A traffic circulation element consisting of the types,
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locations, and extent of existing and proposed major
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thoroughfares and transportation routes, including bicycle and
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pedestrian ways. Transportation corridors, as defined in s.
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334.03, may be designated in the traffic circulation element
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pursuant to s. 337.273. If the transportation corridors are
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designated, the local government may adopt a transportation
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corridor management ordinance. The traffic circulation element
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shall incorporate transportation strategies to address reduction
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in greenhouse gas emissions from the transportation sector.
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(d) A conservation element for the conservation, use, and
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protection of natural resources in the area, including air,
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water, water recharge areas, wetlands, waterwells, estuarine
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marshes, soils, beaches, shores, flood plains, rivers, bays,
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lakes, harbors, forests, fisheries and wildlife, marine habitat,
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minerals, and other natural and environmental resources,
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including factors that affect energy conservation. Local
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governments shall assess their current, as well as projected,
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water needs and sources for at least a 10-year period,
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considering the appropriate regional water supply plan approved
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pursuant to s. 373.0361, or, in the absence of an approved
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regional water supply plan, the district water management plan
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approved pursuant to s. 373.036(2). This information shall be
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submitted to the appropriate agencies. The land use map or map
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series contained in the future land use element shall generally
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identify and depict the following:
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1. Existing and planned waterwells and cones of influence
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where applicable.
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2. Beaches and shores, including estuarine systems.
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3. Rivers, bays, lakes, flood plains, and harbors.
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4. Wetlands.
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5. Minerals and soils.
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6. Energy conservation.
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The land uses identified on such maps shall be consistent with
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applicable state law and rules.
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(f)1. A housing element consisting of standards, plans, and
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principles to be followed in:
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a. The provision of housing for all current and anticipated
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future residents of the jurisdiction.
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b. The elimination of substandard dwelling conditions.
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c. The structural and aesthetic improvement of existing
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housing.
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d. The provision of adequate sites for future housing,
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including affordable workforce housing as defined in s.
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380.0651(3)(j), housing for low-income, very low-income, and
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moderate-income families, mobile homes, and group home facilities
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and foster care facilities, with supporting infrastructure and
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public facilities.
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e. Provision for relocation housing and identification of
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historically significant and other housing for purposes of
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conservation, rehabilitation, or replacement.
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f. The formulation of housing implementation programs.
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g. The creation or preservation of affordable housing to
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minimize the need for additional local services and avoid the
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concentration of affordable housing units only in specific areas
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of the jurisdiction.
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h. Energy efficiency in the design and construction of new
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housing.
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i. Use of renewable energy resources.
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j. h. By July 1, 2008, Each county in which the gap between
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the buying power of a family of four and the median county home
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sale price exceeds $170,000, as determined by the Florida Housing
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Finance Corporation, and which is not designated as an area of
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critical state concern shall adopt a plan for ensuring affordable
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workforce housing. At a minimum, the plan shall identify adequate
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sites for such housing. For purposes of this sub-subparagraph,
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the term "workforce housing" means housing that is affordable to
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natural persons or families whose total household income does not
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exceed 140 percent of the area median income, adjusted for
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household size.
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k. As a precondition to receiving any state affordable
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housing funding or allocation for any project or program within
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the jurisdiction of a county that is subject to sub-subparagraph
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j., a county must, by July 1 of each year, provide certification
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that the county has complied with the requirements of sub-
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subparagraph j.
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i. Failure by a local government to comply with the
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requirement in sub-subparagraph h. will result in the local
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government being ineligible to receive any state housing
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assistance grants until the requirement of sub-subparagraph h. is
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met.
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The goals, objectives, and policies of the housing element must
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be based on the data and analysis prepared on housing needs,
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including the affordable housing needs assessment. State and
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federal housing plans prepared on behalf of the local government
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must be consistent with the goals, objectives, and policies of
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the housing element. Local governments are encouraged to use
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utilize job training, job creation, and economic solutions to
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address a portion of their affordable housing concerns.
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2. To assist local governments in housing data collection
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and analysis and assure uniform and consistent information
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regarding the state's housing needs, the state land planning
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agency shall conduct an affordable housing needs assessment for
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all local jurisdictions on a schedule that coordinates the
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implementation of the needs assessment with the evaluation and
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appraisal reports required by s. 163.3191. Each local government
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shall utilize the data and analysis from the needs assessment as
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one basis for the housing element of its local comprehensive
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plan. The agency shall allow a local government the option to
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perform its own needs assessment, if it uses the methodology
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established by the agency by rule.
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(j) For each unit of local government within an urbanized
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area designated for purposes of s. 339.175, a transportation
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element, which shall be prepared and adopted in lieu of the
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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
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and (d) and which shall address the following issues:
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1. Traffic circulation, including major thoroughfares and
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other routes, including bicycle and pedestrian ways.
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2. All alternative modes of travel, such as public
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transportation, pedestrian, and bicycle travel.
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3. Parking facilities.
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4. Aviation, rail, seaport facilities, access to those
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facilities, and intermodal terminals.
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5. The availability of facilities and services to serve
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existing land uses and the compatibility between future land use
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and transportation elements.
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6. The capability to evacuate the coastal population prior
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to an impending natural disaster.
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7. Airports, projected airport and aviation development,
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and land use compatibility around airports.
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8. An identification of land use densities, building
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intensities, and transportation management programs to promote
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public transportation systems in designated public transportation
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corridors so as to encourage population densities sufficient to
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support such systems.
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9. May include transportation corridors, as defined in s.
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334.03, intended for future transportation facilities designated
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pursuant to s. 337.273. If transportation corridors are
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designated, the local government may adopt a transportation
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corridor management ordinance.
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10. The incorporation of transportation strategies to
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address reduction in greenhouse gas emissions from the
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transportation sector.
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Section 3. Paragraph (e) of subsection (3) of section
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489.105, Florida Statutes, is amended to read:
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489.105 Definitions.--As used in this part:
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(3) "Contractor" means the person who is qualified for, and
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shall only be responsible for, the project contracted for and
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means, except as exempted in this part, the person who, for
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compensation, undertakes to, submits a bid to, or does himself or
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herself or by others construct, repair, alter, remodel, add to,
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demolish, subtract from, or improve any building or structure,
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including related improvements to real estate, for others or for
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resale to others; and whose job scope is substantially similar to
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the job scope described in one of the subsequent paragraphs of
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this subsection. For the purposes of regulation under this part,
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"demolish" applies only to demolition of steel tanks over 50 feet
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in height; towers over 50 feet in height; other structures over
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50 feet in height, other than buildings or residences over three
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stories tall; and buildings or residences over three stories
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tall. Contractors are subdivided into two divisions, Division I,
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consisting of those contractors defined in paragraphs (a)-(c),
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and Division II, consisting of those contractors defined in
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paragraphs (d)-(q):
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(e) "Roofing contractor" means a contractor whose services
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are unlimited in the roofing trade and who has the experience,
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knowledge, and skill to install, maintain, repair, alter, extend,
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or design, when not prohibited by law, and use materials and
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items used in the installation, maintenance, extension, and
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alteration of all kinds of roofing, waterproofing, and coating,
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except when coating is not represented to protect, repair,
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waterproof, stop leaks, or extend the life of the roof. The scope
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of work of a roofing contractor also includes required roof-deck
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attachments and any repair or replacement of wood roof sheathing
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or fascia as needed during roof repair or replacement.
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Section 4. Subsection (13) of section 553.36, Florida
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Statutes, is amended to read:
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553.36 Definitions.--The definitions contained in this
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section govern the construction of this part unless the context
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otherwise requires.
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(13) "Manufactured building", "modular building", or
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"factory-built building" means a closed structure, building
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assembly, or system of subassemblies, which may include
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structural, electrical, plumbing, heating, ventilating, or other
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service systems manufactured in manufacturing facilities for
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installation or erection as a finished building or as part of a
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finished building, which shall include, but not be limited to,
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residential, commercial, institutional, storage, and industrial
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structures. The term includes buildings not intended for human
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habitation such as lawn storage buildings and storage sheds
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manufactured and assembled offsite by a manufacturer certified in
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conformance with this part. This part does not apply to mobile
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homes.
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Section 5. Section 553.37, Florida Statutes, is amended to
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read:
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553.37 Rules; inspections; and insignia.--
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(1) The Florida Building Commission shall adopt within the
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Florida Building Code requirements for construction or
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modification of manufactured buildings and building modules, to
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address:
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(a) Submittal to and approval by the department of
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manufacturers' drawings and specifications, including any
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amendments.
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(b) Submittal to and approval by the department of
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manufacturers' internal quality control procedures and manuals,
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including any amendments.
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(c) Minimum inspection criteria. Procedures and
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qualifications for approval of third-party plan review and
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inspection entities and of those who perform inspections and plan
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reviews.
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(2) The department shall adopt rules to address:
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(a) Procedures and qualifications for approval of third-
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party plan review and inspection agencies and of those who
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perform inspections and plan reviews.
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(b)(d) Investigation of consumer complaints of
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noncompliance of manufactured buildings with the Florida Building
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Code and the Florida Fire Prevention Code.
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(c)(e) Issuance, cancellation, and revocation of any
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insignia issued by the department and procedures for auditing and
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accounting for disposition of them.
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(d)(f) Monitoring the manufacturers', inspection agencies'
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entities', and plan review agencies' entities' compliance with
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this part and the Florida Building Code. Monitoring may include,
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but is not limited to, performing audits of plans, inspections of
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manufacturing facilities and observation of the manufacturing and
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inspection process, and onsite inspections of buildings.
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(e)(g) The performance by the department of any other
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functions required by this part.
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(3)(2) After the effective date of the Florida Building
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Code, no manufactured building, except as provided in subsection
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(12) (11), may be installed in this state unless it is approved
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and bears the insignia of approval of the department and a
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manufacturer's data plate. Approvals issued by the department
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under the provisions of the prior part shall be deemed to comply
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with the requirements of this part.
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(4)(3) All manufactured buildings issued and bearing
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insignia of approval pursuant to subsection (3) (2) shall be
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deemed to comply with the Florida Building Code and are exempt
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from local amendments enacted by any local government.
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(5)(4) No manufactured building bearing department insignia
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of approval pursuant to subsection (3) (2) shall be in any way
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modified prior to installation, except in conformance with the
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Florida Building Code.
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(6)(5) Manufactured buildings which have been issued and
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bear the insignia of approval pursuant to this part upon
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manufacture or first sale shall not require an additional
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approval or insignia by a local government in which they are
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subsequently sold or installed. Buildings or structures that meet
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the definition of "open construction" are subject to permitting
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by the local jurisdiction and are not required to bear insignia.
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(7)(6) If the department Florida Building Commission
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determines that the standards for construction and inspection of
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manufactured buildings prescribed by statute or rule of another
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state are at least equal to the Florida Building Code and that
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such standards are actually enforced by such other state, it may
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provide by rule that the manufactured building which has been
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inspected and approved by such other state shall be deemed to
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have been approved by the department and shall authorize the
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affixing of the appropriate insignia of approval.
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(8)(7) The department Florida Building Commission, by rule,
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shall establish a schedule of fees to pay the cost of incurred by
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the department for the work related to administration and
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enforcement of this part.
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(9)(8) The department may delegate its enforcement
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authority to a state department having building construction
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responsibilities or a local government. The department may
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delegate its plan review and inspection authority to one or more
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of the following in any combination:
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(a) A state department having building construction
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responsibilities;,
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(b) A local government;,
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(c) An approved inspection agency;,
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(d) An approved plan review agency;, or
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(e) An agency of another state.
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(9) If the commission delegates its inspection authority to
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third-party approved inspection agencies, manufacturers must have
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one, and only one, inspection agency responsible for inspection
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of a manufactured building, module, or component at all times.
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(10) The department shall develop an insignia to be affixed
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to all newly constructed buildings by the manufacturer or the
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inspection agency prior to the building leaving the plant. The
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department may charge a fee for issuing such insignias. Such
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insignias shall bear the department's name, the state seal, an
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identification number unique to that insignia, and such other
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information as the department may require by rule. If the
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commission delegates its inspection authority to third-party
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approved plan review agencies, manufacturers must have one, and
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only one, plan review agency responsible for review of plans of a
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manufactured building, module, or component at all times.
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(11) The department shall by rule develop minimum criteria
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for manufacturer's data that must be affixed to all newly
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constructed buildings by the manufacturer prior to the building
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leaving the plant. Custom or one-of-a-kind prototype manufactured
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buildings shall not be required to have state approval but must
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comply with all local requirements of the governmental agency
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having jurisdiction at the installation site.
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Section 6. Subsections (1) and (3) of section 553.381,
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Florida Statutes, are amended to read:
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553.381 Manufacturer certification.--
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(1) Before manufacturing buildings to be located within
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this state or selling manufactured buildings within this state,
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whichever occurs later, a manufacturer must be certified by the
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department. The department shall certify a manufacturer upon
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receipt from the manufacturer and approval and verification by
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the department of the following:
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(a) The manufacturer's internal quality control procedures
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and manuals, including any amendments;
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(b) Evidence that the manufacturer has product liability
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insurance for the safety and welfare of the public in amounts
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determined by rule of the department commission; and
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(c) The fee established by the department commission under
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s. 553.37(8) s. 553.37(7).
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(3) Certification of manufacturers under this section shall
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be for a period of 3 years, subject to renewal by the
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manufacturer. Upon application for renewal, the manufacturer must
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submit the information described in subsection (1) or a sworn
433
statement that there has been no change in the status or content
434
of that information since the manufacturer's last submittal. Fees
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for renewal of manufacturers' certification shall be established
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by the department commission by rule.
437
Section 7. Subsections (11) and (12) of section 553.415,
438
Florida Statutes, are amended to read:
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553.415 Factory-built school buildings.--
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(11) The department shall require that an insignia bearing
441
the department's name and state seal and a manufacturer's data
442
plate develop a unique identification label to be affixed to all
443
newly constructed factory-built school buildings and existing
444
factory-built school buildings which have been brought into
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compliance with the standards for existing "satisfactory"
446
buildings pursuant to chapter 5 of the Uniform Code for Public
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Educational Facilities, and after March 1, 2002, the Florida
448
Building Code. The department may charge a fee for issuing such
449
insignias labels. The manufacturer's data plate Such labels,
450
bearing the department's name and state seal, shall, at a
451
minimum, contain:
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(a) The name of the manufacturer.
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(b) The standard plan approval number or alteration number.
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(c) The date of manufacture or alteration.
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(d) The serial or other identification number.
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(e) The following designed-for loads: lbs. per square foot
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live load; lbs. per square foot floor live load; lbs. per square
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foot horizontal wind load; and lbs. per square foot wind uplift
459
load.
460
(f) The designed-for flood zone usage.
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(g) The designed-for wind zone usage.
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(h) The designed-for enhanced hurricane protection zone
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usage: yes or no.
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(12) Such insignia and data plate identification label
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shall be permanently affixed by the manufacturer in the case of
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newly constructed factory-built school buildings, or by the
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department or its designee in the case of an existing factory-
468
built building altered to comply with provisions of s. 1013.20.
469
Section 8. Subsection (11) is added to section 553.71,
470
Florida Statutes, to read:
471
553.71 Definitions.--As used in this part, the term:
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(11) "Temporary" includes, but is not limited to, buildings
473
identified by, but not designated as permanent structures on, an
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approved development order.
475
Section 9. Paragraph (a) of subsection (6) and subsection
476
(7) of section 553.73, Florida Statutes, are amended, and
477
subsection (13) is added to that section, to read:
478
553.73 Florida Building Code.--
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(6)(a) The commission, by rule adopted pursuant to ss.
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120.536(1) and 120.54, shall update the Florida Building Code
481
every 3 years. When updating the Florida Building Code, the
482
commission shall select the most current version of the
483
International Building Code, the International Fuel Gas Code, the
484
International Mechanical Code, the International Plumbing Code,
485
and the International Residential Code, all of which are adopted
486
by the International Code Council, and the National Electrical
487
Code, which is adopted by the National Fire Protection
488
Association, to form the foundation codes of the updated Florida
489
Building Code, if the version has been adopted by the applicable
490
model code entity and made available to the public at least 6
491
months prior to its selection by the commission. The commission
492
shall select the most current version of the International Energy
493
Conservation Code as a foundation code if the code is modified by
494
the commission to maintain the compliance methods and policies,
495
without diminishing the building component efficiencies, of the
496
Florida Energy Efficiency Code for Building Construction adopted
497
and amended pursuant to s. 553.901.
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(7) Notwithstanding the provisions of subsection (3) or
499
subsection (6), the commission may address issues identified in
500
this subsection by amending the code pursuant only to the rule
501
adoption procedures contained in chapter 120. Provisions of the
502
Florida Building Code, including those contained in referenced
503
standards and criteria, relating to wind resistance or the
504
prevention of water intrusion may not be amended pursuant to this
505
subsection to diminish those construction requirements; however,
506
the commission may, subject to conditions in this subsection,
507
amend the provisions to enhance those construction requirements.
508
Following the approval of any amendments to the Florida Building
509
Code by the commission and publication of the amendments on the
510
commission's website, authorities having jurisdiction to enforce
511
the Florida Building Code may enforce the amendments. The
512
commission may approve amendments that are needed to address:
513
(a) Conflicts within the updated code;
514
(b) Conflicts between the updated code and the Florida Fire
515
Prevention Code adopted pursuant to chapter 633;
516
(c) The omission of previously adopted Florida-specific
517
amendments to the updated code if such omission is not supported
518
by a specific recommendation of a technical advisory committee or
519
particular action by the commission;
520
(d) Unintended results from the integration of previously
521
adopted Florida-specific amendments with the model code; or
522
(e) Changes to federal or state law; or.
523
(f) Adoption of an updated edition of the National
524
Electrical Code if the commission finds that delay of
525
implementing the updated edition causes undue hardship to
526
stakeholders or otherwise threatens the public health, safety,
527
and welfare.
528
(13) The general provisions of the Florida Building Code
529
for buildings and other structures shall not apply to commercial
530
wireless communication towers which shall be subject to the
531
provisions of the code controlling radio and television towers.
532
This subsection is intended to be remedial in nature and to
533
clarify existing law.
534
Section 10. Subsections (1) and (2) of section 553.74,
535
Florida Statutes, are amended to read:
536
553.74 Florida Building Commission.--
537
(1) The Florida Building Commission is created and shall be
538
located within the Department of Community Affairs for
539
administrative purposes. Members shall be appointed by the
540
Governor subject to confirmation by the Senate. The commission
541
shall be composed of 25 23 members, consisting of the following:
542
(a) One architect registered to practice in this state and
543
actively engaged in the profession. The American Institute of
544
Architects, Florida Section, is encouraged to recommend a list of
545
candidates for consideration.
546
(b) One structural engineer registered to practice in this
547
state and actively engaged in the profession. The Florida
548
Engineering Society is encouraged to recommend a list of
549
candidates for consideration.
550
(c) One air-conditioning or mechanical contractor certified
551
to do business in this state and actively engaged in the
552
profession. The Florida Air Conditioning Contractors Association,
553
the Florida Refrigeration and Air Conditioning Contractors
554
Association, and the Mechanical Contractors Association of
555
Florida are encouraged to recommend a list of candidates for
556
consideration.
557
(d) One electrical contractor certified to do business in
558
this state and actively engaged in the profession. The Florida
559
Electrical Contractors Association and the National Electrical
560
Contractors Association, Florida Chapter, are encouraged to
561
recommend a list of candidates for consideration.
562
(e) One member from fire protection engineering or
563
technology who is actively engaged in the profession. The Florida
564
Chapter of the Society of Fire Protection Engineers and the
565
Florida Fire Marshals and Inspectors Association are encouraged
566
to recommend a list of candidates for consideration.
567
(f) One general contractor certified to do business in this
568
state and actively engaged in the profession. The Associated
569
Builders and Contractors of Florida, the Florida Associated
570
General Contractors Council, and the Union Contractors
571
Association are encouraged to recommend a list of candidates for
572
consideration.
573
(g) One plumbing contractor licensed to do business in this
574
state and actively engaged in the profession. The Florida
575
Association of Plumbing, Heating, and Cooling Contractors is
576
encouraged to recommend a list of candidates for consideration.
577
(h) One roofing or sheet metal contractor certified to do
578
business in this state and actively engaged in the profession.
579
The Florida Roofing, Sheet Metal, and Air Conditioning
580
Contractors Association and the Sheet Metal and Air Conditioning
581
Contractors National Association are encouraged to recommend a
582
list of candidates for consideration.
583
(i) One residential contractor licensed to do business in
584
this state and actively engaged in the profession. The Florida
585
Home Builders Association is encouraged to recommend a list of
586
candidates for consideration.
587
(j) Three members who are municipal or district codes
588
enforcement officials, one of whom is also a fire official. The
589
Building Officials Association of Florida and the Florida Fire
590
Marshals and Inspectors Association are encouraged to recommend a
591
list of candidates for consideration.
592
(k) One member who represents the Department of Financial
593
Services.
594
(l) One member who is a county codes enforcement official.
595
The Building Officials Association of Florida is encouraged to
596
recommend a list of candidates for consideration.
597
(m) One member of a Florida-based organization of persons
598
with disabilities or a nationally chartered organization of
599
persons with disabilities with chapters in this state.
600
(n) One member of the manufactured buildings industry who
601
is licensed to do business in this state and is actively engaged
602
in the industry. The Florida Manufactured Housing Association is
603
encouraged to recommend a list of candidates for consideration.
604
(o) One mechanical or electrical engineer registered to
605
practice in this state and actively engaged in the profession.
606
The Florida Engineering Society is encouraged to recommend a list
607
of candidates for consideration.
608
(p) One member who is a representative of a municipality or
609
a charter county. The Florida League of Cities and the Florida
610
Association of Counties are encouraged to recommend a list of
611
candidates for consideration.
612
(q) One member of the building products manufacturing
613
industry who is authorized to do business in this state and is
614
actively engaged in the industry. The Florida Building Material
615
Association, the Florida Concrete and Products Association, and
616
the Fenestration Manufacturers Association are encouraged to
617
recommend a list of candidates for consideration.
618
(r) One member who is a representative of the building
619
owners and managers industry who is actively engaged in
620
commercial building ownership or management. The Building Owners
621
and Managers Association is encouraged to recommend a list of
622
candidates for consideration.
623
(s) One member who is a representative of the insurance
624
industry. The Florida Insurance Council is encouraged to
625
recommend a list of candidates for consideration.
626
(t) One member who is a representative of public education.
627
(u) One member who is a swimming pool contractor licensed
628
to do business in this state and actively engaged in the
629
profession. The Florida Swimming Pool Association and the United
630
Pool and Spa Association are encouraged to recommend a list of
631
candidates for consideration shall be the chair.
632
(v) One member who is a representative of the green
633
building industry and who is a third-party commission agent, a
634
Florida board member of the United States Green Building Council
635
or Green Building Initiative, or a LEED-accredited professional.
636
(w) One member who shall be the chair.
637
638
Any person serving on the commission under paragraph (c) or
639
paragraph (h) on October 1, 2003, and who has served less than
640
two full terms is eligible for reappointment to the commission
641
regardless of whether he or she meets the new qualification.
642
(2) All appointments shall be for terms of 4 years, except
643
that of the chair who shall serve at the pleasure of the
644
Governor. Each person who is a member of the Board of Building
645
Codes and Standards on the effective date of this act shall serve
646
the remainder of their term as a member of the Florida Building
647
Commission. Except for the chair, newly created positions on the
648
Florida Building Commission shall be appointed after February 1,
649
1999. A vacancy shall be filled for the remainder of the
650
unexpired term. Any member who shall, during his or her term,
651
cease to meet the qualifications for original appointment,
652
through ceasing to be a practicing member of the profession
653
indicated or otherwise, shall thereby forfeit membership on the
654
commission.
655
Section 11. Section 553.75, Florida Statutes, is amended to
656
read:
657
553.75 Organization of commission; rules and regulations;
658
meetings; staff; fiscal affairs; public comment.--
659
(1) The commission shall meet on call of the secretary. The
660
commission shall annually elect from its appointive members such
661
officers as it may choose.
662
(2) The commission shall meet at the call of its chair, at
663
the request of a majority of its membership, at the request of
664
the department, or at such times as may be prescribed by its
665
rules. The members shall be notified in writing of the time and
666
place of a regular or special meeting at least 7 days in advance
667
of the meeting. A majority of members of the commission shall
668
constitute a quorum.
669
(3) The department shall be responsible for the provision
670
of administrative and staff support services relating to the
671
functions of the commission. With respect to matters within the
672
jurisdiction of the commission, the department shall be
673
responsible for the implementation and faithful discharge of all
674
decisions of the commission made pursuant to its authority under
675
the provisions of this part. The department is specifically
676
authorized to use communications media technology in conducting
677
meetings of the commission or any meetings held in conjunction
678
with meetings of the commission.
679
(4) Meetings of the commission shall be conducted so as to
680
encourage participation by interested persons in attendance. At a
681
minimum, the commission shall provide one opportunity for
682
interested members of the public in attendance at a meeting to
683
comment on each proposed action of the commission before a final
684
vote is taken on any motion.
685
Section 12. Present subsection (5) of section 553.77,
686
Florida Statutes, is renumbered as subsection (6), and a new
687
subsection (5) is added to that section, to read:
688
553.77 Specific powers of the commission.--
689
(5) The commission may implement its recommendations
690
delivered pursuant to subsection (2) of section 48 of chapter
691
2007-73, Laws of Florida, by amending the Florida Energy
692
Efficiency Code for Building Construction as provided in s.
693
553.901.
694
Section 13. Subsection (5) of section 553.775, Florida
695
Statutes, is amended to read:
696
553.775 Interpretations.--
697
(5) The commission may render declaratory statements in
698
accordance with s. 120.565 relating to the provisions of the
699
Florida Accessibility Code for Building Construction not
700
attributable to the Americans with Disabilities Act Accessibility
701
Guidelines. Notwithstanding the other provisions of this section,
702
the Florida Accessibility Code for Building Construction and
703
chapter 11 of the Florida Building Code may not be interpreted
704
by, and are not subject to review under, any of the procedures
705
specified in this section. This subsection has no effect upon the
706
commission's authority to waive the Florida Accessibility Code
707
for Building Construction as provided by s. 553.512.
708
Section 14. Paragraph (a) of subsection (1) of section
709
553.80, Florida Statutes, is amended to read:
710
553.80 Enforcement.--
711
(1) Except as provided in paragraphs (a)-(f), each local
712
government and each legally constituted enforcement district with
713
statutory authority shall regulate building construction and,
714
where authorized in the state agency's enabling legislation, each
715
state agency shall enforce the Florida Building Code required by
716
this part on all public or private buildings, structures, and
717
facilities, unless such responsibility has been delegated to
718
another unit of government pursuant to s. 553.79(9).
719
(a) Construction regulations relating to correctional
720
facilities under the jurisdiction of the Department of
721
Corrections or and the Department of Juvenile Justice and secure
722
mental health treatment facilities under the jurisdiction of the
723
Department of Children and Family Services shall are to be
724
enforced exclusively by those departments.
725
726
The governing bodies of local governments may provide a schedule
727
of fees, as authorized by s. 125.56(2) or s. 166.222 and this
728
section, for the enforcement of the provisions of this part. Such
729
fees shall be used solely for carrying out the local government's
730
responsibilities in enforcing the Florida Building Code. The
731
authority of state enforcing agencies to set fees for enforcement
732
shall be derived from authority existing on July 1, 1998.
733
However, nothing contained in this subsection shall operate to
734
limit such agencies from adjusting their fee schedule in
735
conformance with existing authority.
736
Section 15. Subsection (17) is added to section 553.842,
737
Florida Statutes, to read:
738
553.842 Product evaluation and approval.--
739
(17)(a) The Florida Building Commission shall review the
740
list of evaluation entities in subsection (8) and in the annual
741
report required under s. 553.77, shall either recommend
742
amendments to the list to add evaluation entities the commission
743
determines should be authorized to perform product evaluations,
744
or report on the criteria adopted by rule or to be adopted by
745
rule allowing the commission to approve evaluation entities that
746
use the commission's product evaluation process. If the
747
commission adopts criteria by rule, the rulemaking process must
748
be completed by July 1, 2009.
749
(b) Notwithstanding paragraph (a) of subsection (8), the
750
International Association of Plumbing and Mechanical Officials
751
Evaluation Services is approved as an evaluation entity until
752
October 1, 2009. If the association does not obtain permanent
753
approval by the commission as an evaluation entity by October 1,
754
2009, products approved on the basis of an association evaluation
755
must be substituted by an alternative, approved entity by
756
December 31, 2009, and on January 1, 2010, any product approval
757
issued by the commission based on an association evaluation is
758
void.
759
Section 16. Paragraph (b) of subsection (2) of section
760
553.844, Florida Statutes, is amended to read:
761
553.844 Windstorm loss mitigation; requirements for roofs
762
and opening protection.--
763
(2) The Florida Building Commission shall:
764
(b) Develop and adopt within the Florida Building Code a
765
means to incorporate recognized mitigation techniques for site-
766
built, single-family residential structures constructed before
767
prior to the implementation of the Florida Building Code,
768
including, but not limited to:
769
1. Prescriptive techniques for the installation of gable-
770
end bracing;
771
2. Secondary water barriers for roofs and standards
772
relating to secondary water barriers. The criteria may include,
773
but need not be limited to, roof shape, slope, and composition of
774
all elements of the roof system. The criteria may not be limited
775
to one method or material for a secondary water barrier;
776
3. Prescriptive techniques for improvement of roof-to-wall
777
connections. The Legislature recognizes that the cost of
778
retrofitting existing buildings to meet the code requirements for
779
new construction in this regard may exceed the practical benefit
780
to be attained. The Legislature intends for the commission to
781
provide for the integration of alternate, lower-cost means that
782
may be employed to retrofit existing buildings that are not
783
otherwise required to comply with the requirements of the Florida
784
Building Code for new construction so that the cost of such
785
improvements does not exceed approximately 15 percent of the cost
786
of reroofing. Roof-to-wall connections shall not be required
787
unless evaluation and installation of connections at gable ends
788
or all corners can be completed for 15 percent of the cost of
789
roof replacement. For houses that have both hip and gable roof
790
ends, the priority shall be to retrofit the gable end roof-to-
791
wall connections unless the width of the hip is more than 1.5
792
times greater than the width of the gable end. Priority shall be
793
given to connecting the corners of roofs to walls below the
794
locations at which the spans of the roofing members are greatest;
795
4. Strengthening or correcting roof-decking attachments and
796
fasteners during reroofing; and
797
5. Adding or strengthening opening protections.
798
Section 17. Subsection (1) of section 553.885, Florida
799
Statutes, is amended to read:
800
553.885 Carbon monoxide alarm required.--
801
(1) Every building, other than a hospital, a hospice
802
facility, or a nursing home facility licensed by the Agency for
803
Health Care Administration, for which a building permit is issued
804
for new construction on or after July 1, 2008, and having a
805
fossil-fuel-burning heater or appliance, a fireplace, or an
806
attached garage shall have an approved operational carbon
807
monoxide alarm installed within 10 feet of each room used for
808
sleeping purposes. For a new hospital, a hospice facility, or a
809
nursing home facility licensed by the Agency for Health Care
810
Administration, an approved operational carbon monoxide detector
811
shall be installed inside or directly outside of each room or
812
area within the hospital or facility were a fossil-fuel burning
813
heater, engine, or appliance is located. This detector shall be
814
connected to the fire-alarm system of the hospital or facility as
815
a supervisory signal.
816
Section 18. Section 553.886, Florida Statutes, is created
817
to read:
818
553.886 Energy-efficiency technologies.--The provisions of
819
the Florida Building Code must facilitate and promote the use of
820
cost-effective energy conservation, energy-demand management, and
821
renewable energy technologies in buildings.
822
Section 19. Section 553.901, Florida Statutes, is amended
823
to read:
824
553.901 Purpose of thermal efficiency code.--The Department
825
of Community Affairs shall prepare a thermal efficiency code to
826
provide for a statewide uniform standard for energy efficiency in
827
the thermal design and operation of all buildings statewide,
828
consistent with energy conservation goals, and to best provide
829
for public safety, health, and general welfare. The Florida
830
Building Commission shall adopt the Florida Energy Efficiency
831
Code for Building Construction within the Florida Building Code,
832
and shall modify, revise, update, and maintain the code to
833
implement the provisions of this thermal efficiency code and
834
amendments thereto, in accordance with the procedures of chapter
835
120. The department shall, at least triennially, determine the
836
most cost-effective energy-saving equipment and techniques
837
available and report its determinations to the commission, which
838
shall update the code to incorporate such equipment and
839
techniques. The proposed changes shall be made available for
840
public review and comment no later than 6 months prior to code
841
implementation. Before adoption of any additional amendments to
842
the Florida Energy Efficiency Code for Building Construction, the
843
commission shall adopt by rule a definition of the term "cost-
844
effective," for the purposes of this part, which shall include
845
the criteria and measures to be used by the commission to
846
evaluate proposed amendments shall be construed to mean cost-
847
effective to the consumer.
848
Section 20. Section 553.9061, Florida Statutes, is created
849
to read:
850
553.9061 Scheduled increases in thermal efficiency
851
standards.--
852
(1) This section establishes a schedule of required
853
increases in the energy-efficiency performance of buildings that
854
are subject to the requirements for energy efficiency as
855
contained in the current edition of the Florida Building Code.
856
The Florida Building Commission shall implement the following
857
energy-efficiency goals using the triennial code-adoption process
858
established for updates to the Florida Building Code in s.
859
553.73:
860
(a) Include requirements in the 2010 edition of the Florida
861
Building Code to increase the energy-efficiency performance of
862
new buildings by at least 20 percent as compared to the
863
performance achieved as a result of the implementation of the
864
energy-efficiency provisions contained in the 2004 edition of the
865
Florida Building Code, as adopted on May 22, 2007;
866
(b) Include requirements in the 2013 edition of the Florida
867
Building Code to increase the energy-efficiency performance of
868
new buildings by at least 30 percent as compared to the
869
performance achieved as a result of the implementation of the
870
energy-efficiency provisions contained in the 2004 edition of the
871
Florida Building Code, as adopted on May 22, 2007;
872
(c) Include requirements in the 2016 edition of the Florida
873
Building Code to increase the energy-efficiency performance of
874
new buildings by at least 40 percent as compared to the
875
performance achieved as a result of the implementation of the
876
energy-efficiency provisions contained in the 2004 edition of the
877
Florida Building Code, as adopted on May 22, 2007; and
878
(d) Include requirements in the 2019 edition of the Florida
879
Building Code to increase the energy-efficiency performance of
880
new buildings by at least 50 percent as compared to the
881
performance achieved as a result of the implementation of the
882
energy-efficiency provisions contained in the 2004 edition of the
883
Florida Building Code, as adopted on May 22, 2007.
884
(2) The commission shall identify in any code-support and
885
compliance documentation the specific building options and
886
elements available to meet the energy-efficiency performance
887
requirements under subsection (1). Energy-efficiency performance
888
options and elements include, but are not limited to:
889
(a) Solar water heating;
890
(b) Energy-efficient appliances;
891
(c) Energy-efficient windows, doors, and skylights;
892
(d) Low solar-absorption roofs, also known as "cool roofs";
893
(e) Enhanced ceiling and wall insulation;
894
(f) Reduced-leak duct systems;
895
(g) Programmable thermostats; and
896
(h) Energy-efficient lighting systems.
897
(3) The Florida Energy Commission shall review the energy-
898
efficiency goals established in subsection (1) at least once
899
every 3 years, and such review must be completed before the
900
triennial code-adoption process established in s. 553.73.
901
Section 21. (1) The Florida Building Commission shall
902
conduct a study to evaluate the energy-efficiency rating of new
903
buildings and appliances. The study must include a review of the
904
current energy-efficiency ratings and consumer labeling
905
requirements specified in chapter 553, Florida Statutes. The
906
commission shall submit a written report of its study to the
907
President of the Senate and the Speaker of the House of
908
Representatives on or before February 1, 2009. The report must
909
contain the commission's recommendations regarding the
910
strengthening and integration of energy-efficiency ratings and
911
labeling requirements.
912
(2) The provisions of this section expire July 1, 2009.
913
Section 22. (1) The Florida Building Commission shall
914
conduct a study to evaluate opportunities to restructure the
915
Florida Energy Efficiency Code for Building Construction to
916
achieve long-range improvements to building energy performance.
917
During such study, the commission shall address the integration
918
of the Thermal Efficiency Code established in part V of chapter
919
553, Florida Statutes, the Energy Conservation Standards Act
920
established in part VI of chapter 553, Florida Statutes, and the
921
Florida Building Energy-Efficiency Rating Act established in part
922
VIII of chapter 553, Florida Statutes.
923
(2) The commission shall submit a report containing
924
specific recommendations on the integration of the code and acts
925
identified in subsection (1) to the President of the Senate and
926
the Speaker of the House of Representatives on or before February
927
1, 2009.
928
(3) The provisions of this section expire July 1, 2009.
929
Section 23. (1) The Department of Community Affairs, in
930
conjunction with the Florida Energy Affordability Coalition,
931
shall identify and review issues relating to the Low-Income Home
932
Energy Assistance Program and the Weatherization Assistance
933
Program, and identify recommendations that:
934
(a) Support customer health, safety, and well-being;
935
(b) Maximize available financial and energy-conservation
936
assistance;
937
(c) Improve the quality of service to customers seeking
938
assistance; and
939
(d) Educate customers to make informed decisions regarding
940
energy use and conservation.
941
(2) On or before January 1, 2009, the department shall
942
report its findings and any recommended statutory changes
943
required to implement such findings to the President of the
944
Senate and the Speaker of the House of Representatives.
945
(3) The provisions of this section expire July 1, 2009.
946
Section 24. Section 553.731, Florida Statutes, is repealed.
947
Section 25. Subsection (6) is added to section 718.113,
948
Florida Statutes, to read:
949
718.113 Maintenance; limitation upon improvement; display
950
of flag; hurricane shutters.--
951
(6) Notwithstanding the provisions of this section or the
952
governing documents of a condominium or a multicondominium
953
association, the board of administration may, without any
954
requirement for approval of the unit owners, install upon or
955
within the common elements or association property solar
956
collectors, clotheslines, or other energy-efficient devices based
957
on renewable resources for the benefit of the unit owners.
958
Section 26. The Florida Building Commission shall submit
959
the text of the rule required by section 18 of this act to the
960
Legislature in its report to the 2009-2010 Legislature, and shall
961
provide an effective date for the rule by July 1, 2009.
962
Section 27. This act shall take effect July 1, 2008.
963
964
================ T I T L E A M E N D M E N T ================
965
And the title is amended as follows:
966
Delete everything before the enacting clause
967
and insert:
968
A bill to be entitled
969
An act relating to energy efficiency and conservation;
970
amending s. 163.04, F.S.; revising provisions authorizing
971
the use of solar collectors and other energy devices;
972
amending s. 163.3177, F.S.; revising requirements for the
973
future land use element of a local comprehensive plan to
974
include energy-efficient land use patterns and greenhouse
975
gas reduction strategies; requiring that the traffic-
976
circulation element of a local comprehensive plan
977
incorporate transportation strategies to reduce greenhouse
978
gas emissions; requiring that the land use map or map
979
series contained in the future land use element of a local
980
comprehensive plan identify and depict energy
981
conservation; requiring that the home element of a local
982
comprehensive plan include energy efficiency in the design
983
and construction of new housing and use of renewable
984
energy resources; providing that certain counties may not
985
receive state affordable housing funds under certain
986
circumstances; requiring each unit of local government
987
within an urbanized area to amend the transportation
988
element of a local comprehensive plan to incorporate
989
transportation strategies addressing reduction in
990
greenhouse gas emissions; amending s. 489.105, F.S.;
991
expanding the scope of the definition of "roofing
992
contractor" to include contractors performing required
993
roof-deck attachments and any repair or replacement of
994
wood roof sheathing or fascia as needed during roof repair
995
or replacement; amending s. 553.36, F.S.; revising the
996
term "manufactured building" for purposes of the Florida
997
Manufactured Building Act to include modular and factory-
998
built buildings; amending s. 553.37, F.S.; requiring the
999
Department of Community Affairs to adopt rules related to
1000
the inspection, construction, and modification of
1001
manufactured buildings; requiring the department to
1002
develop an insignia to be affixed to newly constructed
1003
manufactured buildings; authorizing the department to
1004
charge a fee for the insignia; providing requirements for
1005
the insignia; requiring the department to develop minimum
1006
criteria for a manufacturer's data plate; amending s.
1007
553.381, F.S.; conforming provisions; amending s. 553.415,
1008
F.S.; requiring the department to require that an insignia
1009
be affixed to all newly constructed factory-built school
1010
buildings; providing requirements for the manufacturer's
1011
data plate; amending s. 553.71, F.S.; providing a
1012
definition; amending s. 553.73, F.S.; expanding required
1013
codes to be included in Florida Building Code updates;
1014
expanding the list of reasons the commission may amend the
1015
Florida Building Code; providing requirements for the
1016
retroactive application of parts of the Florida Building
1017
Code to commercial wireless communications towers;
1018
amending s. 553.74, F.S.; revising requirements for
1019
selecting members of the Florida Building Commission;
1020
revising membership of the commission; deleting obsolete
1021
provisions; amending s. 553.75, F.S.; authorizing the
1022
Florida Building Commission to use communications media
1023
technology in conducting its meetings or meetings held in
1024
conjunction with commission meetings; providing for public
1025
comment at meetings of the commission; amending s. 553.77,
1026
F.S.; authorizing the commission to implement
1027
recommendations relating to energy efficiency in
1028
residential and commercial buildings; amending s. 553.775,
1029
F.S.; authorizing the commission to render declaratory
1030
statements; amending s. 553.80, F.S.; providing that the
1031
enforcement of construction regulations relating to
1032
facilities for mental health treatment are under the
1033
jurisdiction of the Department of Children and Family
1034
Services; amending s. 553.842, F.S.; requiring the
1035
commission to review the list of product evaluation
1036
entities; providing reporting requirements; providing for
1037
rulemaking; designating an entity as an approved
1038
production evaluation entity until October, 1, 2009;
1039
providing criteria for substitution of approved products
1040
under certain conditions; providing for the expiration of
1041
certain product approvals; amending s. 553.844, F.S.;
1042
revising provisions requiring the adoption of certain
1043
mitigation techniques by the Florida Building Commission
1044
within the Florida Building Code for certain structures;
1045
amending s. 553.885, F.S.; requiring the installation of
1046
carbon monoxide detectors in certain new hospitals,
1047
hospice and nursing homes facilities; creating s. 553.886,
1048
F.S.; requiring that the Florida Building Code facilitate
1049
and promote the use of certain renewable energy
1050
technologies in buildings; amending s. 553.901, F.S.;
1051
requiring the commission to adopt by rule a definition of
1052
the term "cost-effective"; creating s. 553.9061, F.S.;
1053
establishing a schedule of required increases in the
1054
energy performance of buildings subject to the Florida
1055
Building Code; providing a process for implementing goals
1056
to increase energy-efficiency performance in new
1057
buildings; providing a schedule for the implementation of
1058
such goals; identifying energy-efficiency performance
1059
options and elements available to meet energy-efficiency
1060
performance requirements; providing a schedule for the
1061
review and adoption of renewable energy-efficiency goals
1062
by the commission; requiring the commission to conduct a
1063
study to evaluate the energy-efficiency rating of new
1064
buildings and appliances; requiring the commission to
1065
submit a report to the President of the Senate and the
1066
Speaker of the House of Representatives on or before a
1067
specified date; requiring the commission to conduct a
1068
study to evaluate opportunities to restructure the Florida
1069
Energy Code for Building Construction, including the
1070
integration of the Thermal Efficiency Code, the Energy
1071
Conservation Standards Act, and the Florida Building
1072
Energy-Efficiency Rating Act; requiring the commission to
1073
submit a report to the President of the Senate and the
1074
Speaker of the House of Representatives on or before a
1075
specified date; directing the Department of Community
1076
Affairs, in conjunction with the Florida Energy
1077
Affordability Council, to identify and review issues
1078
relating to the Low-Income Home Energy Assistance Program
1079
and the Weatherization Assistance Program; requiring the
1080
submission of a report to the President of the Senate and
1081
the Speaker of the House of Representatives on or before a
1082
specified date; providing for the expiration of certain
1083
study requirements; repealing s. 553.731 F.S., relating to
1084
wind-borne debris protection requirements; amending s.
1085
718.113, F.S.; authorizing the board of a condominium or a
1086
multicondominium to install solar collectors,
1087
clotheslines, or other energy-efficient devices on
1088
association property; requiring the Florida Building
1089
Commission to include certain information in its report to
1090
the Legislature; providing an effective date.
4/14/2008 1:17:00 PM CA.36.07424
CODING: Words stricken are deletions; words underlined are additions.