Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for CS for SB 560

314100

CHAMBER ACTION

Senate

Comm: RCS

4/3/2008

House

The Committee on Environmental Preservation and Conservation

(Dockery) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

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

Statutes, is amended to read:

163.04 Energy devices based on renewable resources.--

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

binding agreement may not No deed restrictions, covenants, or

similar binding agreements running with the land shall prohibit

or have the effect of prohibiting solar collectors, clotheslines,

or other energy devices based on renewable resources from being

installed on buildings erected on the lots or parcels covered by

the deed restriction, covenant, declaration, or binding agreement

restrictions, covenants, or binding agreements. A property owner

may not be denied permission to install solar collectors or other

energy devices based on renewable resources by any entity granted

the power or right in any deed restriction, covenant,

declaration, or similar binding agreement to approve, forbid,

control, or direct alteration of property with respect to

residential dwellings and within the boundaries of a condominium

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

subsection, Such entity may determine the specific location where

solar collectors may be installed on the roof within an

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

if provided that such determination does not impair the effective

operation of the solar collectors.

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

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

amended, and paragraph (l) is added to that subsection, to read:

163.3177 Required and optional elements of comprehensive

plan; studies and surveys.--

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

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

elements:

(a) A future land use plan element designating proposed

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

land for residential uses, commercial uses, industry,

agriculture, recreation, conservation, education, public

buildings and grounds, other public facilities, and other

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

encouraged to designate rural land stewardship areas, pursuant to

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

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

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

in the control and distribution of population densities and

building and structure intensities. The proposed distribution,

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

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

supplemented by goals, policies, and measurable objectives. The

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

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

accommodate anticipated growth; the projected population of the

area; the character of undeveloped land; the availability of

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

redevelopment, including the renewal of blighted areas and the

elimination of nonconforming uses which are inconsistent with the

character of the community; the compatibility of uses on lands

adjacent to or closely proximate to military installations; the

discouragement of urban sprawl; energy-efficient land use

patterns accounting for existing and future electric power

generation and transmission systems; greenhouse gas reduction

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

capital investment, and economic development that will strengthen

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

may designate areas for future planned development use involving

combinations of types of uses for which special regulations may

be necessary to ensure development in accord with the principles

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

land use plan element shall include criteria to be used to

achieve the compatibility of adjacent or closely proximate lands

with military installations. In addition, for rural communities,

the amount of land designated for future planned industrial use

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

job creation, capital investment, and the necessity to strengthen

and diversify the local economies, and shall not be limited

solely by the projected population of the rural community. The

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

possible future municipal incorporation. The land use maps or map

series shall generally identify and depict historic district

boundaries and shall designate historically significant

properties meriting protection. For coastal counties, the future

land use element must include, without limitation, regulatory

incentives and criteria that encourage the preservation of

recreational and commercial working waterfronts as defined in s.

342.07. The future land use element must clearly identify the

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

When delineating the land use categories in which public schools

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

categories sufficient land proximate to residential development

to meet the projected needs for schools in coordination with

public school boards and may establish differing criteria for

schools of different type or size. Each local government shall

include lands contiguous to existing school sites, to the maximum

extent possible, within the land use categories in which public

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

to comply with these school siting requirements will result in

100

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

101

local comprehensive plan, except for plan amendments described in

102

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

103

Amendments proposed by a local government for purposes of

104

identifying the land use categories in which public schools are

105

an allowable use are exempt from the limitation on the frequency

106

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

107

element shall include criteria that encourage the location of

108

schools proximate to urban residential areas to the extent

109

possible and shall require that the local government seek to

110

collocate public facilities, such as parks, libraries, and

111

community centers, with schools to the extent possible and to

112

encourage the use of elementary schools as focal points for

113

neighborhoods. For schools serving predominantly rural counties,

114

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

115

agricultural land use category shall be eligible for the location

116

of public school facilities if the local comprehensive plan

117

contains school siting criteria and the location is consistent

118

with such criteria. Local governments required to update or amend

119

their comprehensive plan to include criteria and address

120

compatibility of adjacent or closely proximate lands with

121

existing military installations in their future land use plan

122

element shall transmit the update or amendment to the department

123

by June 30, 2006.

124

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

125

locations, and extent of existing and proposed major

126

thoroughfares and transportation routes, including bicycle and

127

pedestrian ways. Transportation corridors, as defined in s.

128

334.03, may be designated in the traffic circulation element

129

pursuant to s. 337.273. If the transportation corridors are

130

designated, the local government may adopt a transportation

131

corridor management ordinance. The traffic circulation element

132

shall incorporate transportation strategies to address reduction

133

in greenhouse gas emissions from the transportation sector.

134

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

135

protection of natural resources in the area, including air,

136

water, water recharge areas, wetlands, waterwells, estuarine

137

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

138

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

139

minerals, and other natural and environmental resources,

140

including factors that affect energy conservation. Local

141

governments shall assess their current, as well as projected,

142

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

143

considering the appropriate regional water supply plan approved

144

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

145

regional water supply plan, the district water management plan

146

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

147

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

148

series contained in the future land use element shall generally

149

identify and depict the following:

150

1. Existing and planned waterwells and cones of influence

151

where applicable.

152

2. Beaches and shores, including estuarine systems.

153

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

154

4. Wetlands.

155

5. Minerals and soils.

156

6. Energy conservation.

157

158

The land uses identified on such maps shall be consistent with

159

applicable state law and rules.

160

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

161

principles to be followed in:

162

a. The provision of housing for all current and anticipated

163

future residents of the jurisdiction.

164

b. The elimination of substandard dwelling conditions.

165

c. The structural and aesthetic improvement of existing

166

housing.

167

d. The provision of adequate sites for future housing,

168

including affordable workforce housing as defined in s.

169

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

170

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

171

and foster care facilities, with supporting infrastructure and

172

public facilities.

173

e. Provision for relocation housing and identification of

174

historically significant and other housing for purposes of

175

conservation, rehabilitation, or replacement.

176

f. The formulation of housing implementation programs.

177

g. The creation or preservation of affordable housing to

178

minimize the need for additional local services and avoid the

179

concentration of affordable housing units only in specific areas

180

of the jurisdiction.

181

h. Energy efficiency in the design and construction of new

182

housing. By July 1, 2008, each county in which the gap between

183

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

184

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

185

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

186

critical state concern shall adopt a plan for ensuring affordable

187

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

188

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

189

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

190

natural persons or families whose total household income does not

191

exceed 140 percent of the area median income, adjusted for

192

household size.

193

i. Use of renewable energy resources. Failure by a local

194

government to comply with the requirement in sub-subparagraph h.

195

will result in the local government being ineligible to receive

196

any state housing assistance grants until the requirement of sub-

197

subparagraph h. is met.

198

199

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

200

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

201

including the affordable housing needs assessment. State and

202

federal housing plans prepared on behalf of the local government

203

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

204

the housing element. Local governments are encouraged to utilize

205

job training, job creation, and economic solutions to address a

206

portion of their affordable housing concerns.

207

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

208

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

209

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

210

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

211

critical state concern shall adopt a plan for ensuring affordable

212

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

213

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

214

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

215

natural persons or families whose total household income does not

216

exceed 140 percent of the area median income, adjusted for

217

household size.

218

k. Failure by a local government to comply with the

219

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

220

government being ineligible to receive any state housing

221

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

222

met.

223

224

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

225

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

226

including the affordable housing needs assessment. State and

227

federal housing plans prepared on behalf of the local government

228

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

229

the housing element. Local governments are encouraged to use job

230

training, job creation, and economic solutions to address a

231

portion of their affordable housing concerns.

232

2. To assist local governments in housing data collection

233

and analysis and assure uniform and consistent information

234

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

235

agency shall conduct an affordable housing needs assessment for

236

all local jurisdictions on a schedule that coordinates the

237

implementation of the needs assessment with the evaluation and

238

appraisal reports required by s. 163.3191. Each local government

239

shall utilize the data and analysis from the needs assessment as

240

one basis for the housing element of its local comprehensive

241

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

242

perform its own needs assessment, if it uses the methodology

243

established by the agency by rule.

244

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

245

area designated for purposes of s. 339.175, a transportation

246

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

247

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

248

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

249

1. Traffic circulation, including major thoroughfares and

250

other routes, including bicycle and pedestrian ways.

251

2. All alternative modes of travel, such as public

252

transportation, pedestrian, and bicycle travel.

253

3. Parking facilities.

254

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

255

facilities, and intermodal terminals.

256

5. The availability of facilities and services to serve

257

existing land uses and the compatibility between future land use

258

and transportation elements.

259

6. The capability to evacuate the coastal population prior

260

to an impending natural disaster.

261

7. Airports, projected airport and aviation development,

262

and land use compatibility around airports.

263

8. An identification of land use densities, building

264

intensities, and transportation management programs to promote

265

public transportation systems in designated public transportation

266

corridors so as to encourage population densities sufficient to

267

support such systems.

268

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

269

334.03, intended for future transportation facilities designated

270

pursuant to s. 337.273. If transportation corridors are

271

designated, the local government may adopt a transportation

272

corridor management ordinance.

273

10. The incorporation of transportation strategies to

274

address reduction in greenhouse gas emissions from the

275

transportation sector.

276

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

277

489.105, Florida Statutes, is amended to read:

278

489.105 Definitions.--As used in this part:

279

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

280

shall only be responsible for, the project contracted for and

281

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

282

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

283

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

284

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

285

including related improvements to real estate, for others or for

286

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

287

the job scope described in one of the subsequent paragraphs of

288

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

289

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

290

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

291

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

292

stories tall; and buildings or residences over three stories

293

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

294

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

295

and Division II, consisting of those contractors defined in

296

paragraphs (d)-(q):

297

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

298

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

299

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

300

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

301

items used in the installation, maintenance, extension, and

302

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

303

except when coating is not represented to protect, repair,

304

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

305

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

306

attachments and any repair or replacement of wood roof sheathing

307

or fascia as needed during roof repair or replacement.

308

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

309

Statutes, is amended to read:

310

553.36 Definitions.--The definitions contained in this

311

section govern the construction of this part unless the context

312

otherwise requires.

313

(13) "Manufactured building" means a modular or factory-

314

built building that is a closed structure, building assembly, or

315

system of subassemblies, which may include structural,

316

electrical, plumbing, heating, ventilating, or other service

317

systems manufactured in manufacturing facilities for installation

318

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

319

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

320

residential, commercial, institutional, storage, and industrial

321

structures. The term includes buildings not intended for human

322

habitation such as lawn storage buildings and storage sheds

323

manufactured and assembled offsite by a manufacturer certified in

324

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

325

homes.

326

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

327

read:

328

553.37 Rules; inspections; and insignia.--

329

(1) The Florida Building Commission shall adopt within the

330

Florida Building Code requirements for construction or

331

modification of manufactured buildings and building modules, to

332

address:

333

(a) Submittal to and approval by the department of

334

manufacturers' drawings and specifications, including any

335

amendments.

336

(b) Submittal to and approval by the department of

337

manufacturers' internal quality control procedures and manuals,

338

including any amendments.

339

340

qualifications for approval of third-party plan review and

341

inspection entities and of those who perform inspections and plan

342

reviews.

343

(2) The department shall adopt rules to address:

344

(a) Procedures and qualifications for approval of third-

345

party plan review and inspection agencies and of those who

346

perform inspections and plan reviews.

347

(b)(d) Investigation of consumer complaints of

348

noncompliance of manufactured buildings with the Florida Building

349

Code and the Florida Fire Prevention Code.

350

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

351

insignia issued by the department and procedures for auditing and

352

accounting for disposition of them.

353

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

354

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

355

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

356

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

357

manufacturing facilities and observation of the manufacturing and

358

inspection process, and onsite inspections of buildings.

359

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

360

functions required by this part.

361

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

362

Code, no manufactured building, except as provided in subsection

363

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

364

and bears the insignia of approval of the department and a

365

manufacturer's data plate. Approvals issued by the department

366

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

367

with the requirements of this part.

368

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

369

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

370

to comply with the Florida Building Code and are exempt from

371

local amendments enacted by any local government.

372

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

373

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

374

modified prior to installation, except in conformance with the

375

Florida Building Code.

376

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

377

bear the insignia of approval pursuant to this part upon

378

manufacture or first sale shall not require an additional

379

approval or insignia by a local government in which they are

380

subsequently sold or installed. Buildings or structures that meet

381

the definition of "open construction" are subject to permitting

382

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

383

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

384

determines that the standards for construction and inspection of

385

manufactured buildings prescribed by statute or rule of another

386

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

387

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

388

provide by rule that the manufactured building which has been

389

inspected and approved by such other state shall be deemed to

390

have been approved by the department and shall authorize the

391

affixing of the appropriate insignia of approval.

392

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

393

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

394

the department for the work related to administration and

395

enforcement of this part.

396

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

397

authority to a state department having building construction

398

responsibilities or a local government. The department may

399

delegate its plan review and inspection authority to one or more

400

of the following in any combination:

401

(a) A state department having building construction

402

responsibilities;,

403

(b) A local government;,

404

405

(d) An approved plan review agency;, or

406

(e) An agency of another state.

407

(9) If the commission delegates its inspection authority to

408

third-party approved inspection agencies, manufacturers must have

409

one, and only one, inspection agency responsible for inspection

410

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

411

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

412

to all newly constructed buildings by the manufacturer or the

413

inspection agency prior to the building leaving the plant. The

414

department may charge a fee for issuing such insignias. Such

415

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

416

identification number unique to that insignia, and such other

417

information as the department may require by rule. If the

418

commission delegates its inspection authority to third-party

419

approved plan review agencies, manufacturers must have one, and

420

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

421

manufactured building, module, or component at all times.

422

(11) The department shall by rule develop minimum criteria

423

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

424

constructed buildings by the manufacturer prior to the building

425

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

426

buildings shall not be required to have state approval but must

427

comply with all local requirements of the governmental agency

428

having jurisdiction at the installation site.

429

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

430

Florida Statutes, are amended to read:

431

553.381 Manufacturer certification.--

432

(1) Before manufacturing buildings to be located within

433

this state or selling manufactured buildings within this state,

434

whichever occurs later, a manufacturer must be certified by the

435

department. The department shall certify a manufacturer upon

436

receipt from the manufacturer and approval and verification by

437

the department of the following:

438

(a) The manufacturer's internal quality control procedures

439

and manuals, including any amendments;

440

(b) Evidence that the manufacturer has product liability

441

insurance for the safety and welfare of the public in amounts

442

determined by rule of the department commission; and

443

444

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

445

(3) Certification of manufacturers under this section shall

446

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

447

manufacturer. Upon application for renewal, the manufacturer must

448

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

449

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

450

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

451

for renewal of manufacturers' certification shall be established

452

by the department commission by rule.

453

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

454

Florida Statutes, are amended to read:

455

553.415 Factory-built school buildings.--

456

(11) The department shall require that an insignia bearing

457

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

458

plate develop a unique identification label to be affixed to all

459

newly constructed factory-built school buildings and existing

460

factory-built school buildings which have been brought into

461

compliance with the standards for existing "satisfactory"

462

buildings pursuant to chapter 5 of the Uniform Code for Public

463

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

464

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

465

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

466

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

467

minimum, contain:

468

(a) The name of the manufacturer.

469

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

470

471

(d) The serial or other identification number.

472

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

473

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

474

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

475

load.

476

(f) The designed-for flood zone usage.

477

(g) The designed-for wind zone usage.

478

(h) The designed-for enhanced hurricane protection zone

479

usage: yes or no.

480

(12) Such insignia and data plate identification label

481

shall be permanently affixed by the manufacturer in the case of

482

newly constructed factory-built school buildings, or by the

483

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

484

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

485

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

486

Florida Statutes, to read:

487

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

488

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

489

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

490

approved development order.

491

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

492

(7) of section 553.73, Florida Statutes, are amended to read:

493

553.73 Florida Building Code.--

494

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

495

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

496

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

497

commission shall select the most current version of the

498

International Building Code, the International Fuel Gas Code, the

499

International Mechanical Code, the International Plumbing Code,

500

and the International Residential Code, all of which are adopted

501

by the International Code Council, and the National Electrical

502

Code, which is adopted by the National Fire Protection

503

Association, to form the foundation codes of the updated Florida

504

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

505

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

506

months prior to its selection by the commission. The commission

507

may select the most current version of the International Energy

508

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

509

the commission to maintain the compliance methods and policies,

510

without diminishing the building component efficiencies, of the

511

Florida Energy Efficiency Code for Building Construction adopted

512

and amended pursuant to this part.

513

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

514

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

515

this subsection by amending the code pursuant only to the rule

516

adoption procedures contained in chapter 120. Provisions of the

517

Florida Building Code, including those contained in referenced

518

standards and criteria, relating to wind resistance or the

519

prevention of water intrusion may not be amended pursuant to this

520

subsection to diminish those construction requirements; however,

521

the commission may, subject to conditions in this subsection,

522

amend the provisions to enhance those construction requirements.

523

Following the approval of any amendments to the Florida Building

524

Code by the commission and publication of the amendments on the

525

commission's website, authorities having jurisdiction to enforce

526

the Florida Building Code may enforce the amendments. The

527

commission may approve amendments that are needed to address:

528

(a) Conflicts within the updated code;

529

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

530

Prevention Code adopted pursuant to chapter 633;

531

532

amendments to the updated code if such omission is not supported

533

by a specific recommendation of a technical advisory committee or

534

particular action by the commission;

535

(d) Unintended results from the integration of previously

536

adopted Florida-specific amendments with the model code; or

537

(e) Changes to federal or state law.

538

(f) Adoption of an updated edition of the National

539

Electrical Code if the commission finds that delay of

540

implementing the updated edition causes undue hardship to

541

stakeholders or otherwise threatens the public health, safety,

542

and welfare.

543

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

544

Florida Statutes, are amended to read:

545

553.74 Florida Building Commission.--

546

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

547

located within the Department of Community Affairs for

548

administrative purposes. Members shall be appointed by the

549

Governor subject to confirmation by the Senate. The commission

550

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

551

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

552

actively engaged in the profession. The American Institute of

553

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

554

candidates for consideration.

555

(b) One structural engineer registered to practice in this

556

state and actively engaged in the profession. The Florida

557

Engineering Society is encouraged to recommend a list of

558

candidates for consideration.

559

560

to do business in this state and actively engaged in the

561

profession. The Florida Air Conditioning Contractors Association,

562

the Florida Refrigeration and Air Conditioning Contractors

563

Association, and the Mechanical Contractors Association of

564

Florida are encouraged to recommend a list of candidates for

565

consideration.

566

(d) One electrical contractor certified to do business in

567

this state and actively engaged in the profession. The Florida

568

Electrical Contractors Association and the National Electrical

569

Contractors Association, Florida Chapter, are encouraged to

570

recommend a list of candidates for consideration.

571

(e) One member from fire protection engineering or

572

technology who is actively engaged in the profession. The Florida

573

Chapter of the Society of Fire Protection Engineers and the

574

Florida Fire Marshals and Inspectors Association are encouraged

575

to recommend a list of candidates for consideration.

576

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

577

state and actively engaged in the profession. The Associated

578

Builders and Contractors of Florida, the Florida Associated

579

General Contractors Council, and the Union Contractors

580

Association are encouraged to recommend a list of candidates for

581

consideration.

582

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

583

state and actively engaged in the profession. The Florida

584

Association of Plumbing, Heating, and Cooling Contractors is

585

encouraged to recommend a list of candidates for consideration.

586

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

587

business in this state and actively engaged in the profession.

588

The Florida Roofing, Sheet Metal, and Air Conditioning

589

Contractors Association and the Sheet Metal and Air Conditioning

590

Contractors National Association are encouraged to recommend a

591

list of candidates for consideration.

592

(i) One residential contractor licensed to do business in

593

this state and actively engaged in the profession. The Florida

594

Home Builders Association is encouraged to recommend a list of

595

candidates for consideration.

596

(j) Three members who are municipal or district codes

597

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

598

Building Officials Association of Florida and the Florida Fire

599

Marshals and Inspectors Association are encouraged to recommend a

600

list of candidates for consideration.

601

(k) One member who represents the Department of Financial

602

Services.

603

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

604

The Building Officials Association of Florida is encouraged to

605

recommend a list of candidates for consideration.

606

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

607

with disabilities or a nationally chartered organization of

608

persons with disabilities with chapters in this state.

609

(n) One member of the manufactured buildings industry who

610

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

611

in the industry. The Florida Manufactured Housing Association is

612

encouraged to recommend a list of candidates for consideration.

613

(o) One mechanical or electrical engineer registered to

614

practice in this state and actively engaged in the profession.

615

The Florida Engineering Society is encouraged to recommend a list

616

of candidates for consideration.

617

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

618

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

619

Association of Counties are encouraged to recommend a list of

620

candidates for consideration.

621

(q) One member of the building products manufacturing

622

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

623

actively engaged in the industry. The Florida Building Material

624

Association, the Florida Concrete and Products Association, and

625

the Fenestration Manufacturers Association are encouraged to

626

recommend a list of candidates for consideration.

627

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

628

owners and managers industry who is actively engaged in

629

commercial building ownership or management. The Building Owners

630

and Managers Association is encouraged to recommend a list of

631

candidates for consideration.

632

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

633

industry. The Florida Insurance Council is encouraged to

634

recommend a list of candidates for consideration.

635

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

636

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

637

to do business in this state and actively engaged in the

638

profession. The Florida Swimming Pool Association and the United

639

Pool and Spa Association are encouraged to recommend a list of

640

candidates for consideration shall be the chair.

641

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

642

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

643

Florida board member of the United States Green Building Council

644

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

645

(w) One member who shall be the chair.

646

647

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

648

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

649

two full terms is eligible for reappointment to the commission

650

regardless of whether he or she meets the new qualification.

651

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

652

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

653

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

654

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

655

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

656

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

657

Florida Building Commission shall be appointed after February 1,

658

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

659

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

660

cease to meet the qualifications for original appointment,

661

through ceasing to be a practicing member of the profession

662

indicated or otherwise, shall thereby forfeit membership on the

663

commission.

664

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

665

read:

666

553.75 Organization of commission; rules and regulations;

667

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

668

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

669

commission shall annually elect from its appointive members such

670

officers as it may choose.

671

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

672

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

673

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

674

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

675

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

676

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

677

constitute a quorum.

678

(3) The department shall be responsible for the provision

679

of administrative and staff support services relating to the

680

functions of the commission. With respect to matters within the

681

jurisdiction of the commission, the department shall be

682

responsible for the implementation and faithful discharge of all

683

decisions of the commission made pursuant to its authority under

684

the provisions of this part. The department is specifically

685

authorized to use communications media technology in conducting

686

meetings of the commission or any meetings held in conjunction

687

with meetings of the commission.

688

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

689

encourage participation by interested persons in attendance. At a

690

minimum, the commission shall provide one opportunity for

691

interested members of the public in attendance at a meeting to

692

comment on each proposed action of the commission before a final

693

vote is taken on any motion.

694

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

695

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

696

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

697

553.77 Specific powers of the commission.--

698

(5) The commission may implement its recommendations

699

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

700

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

701

Efficiency Code for Building Construction as provided in s.

702

553.901.

703

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

704

Statutes, is amended to read:

705

553.775 Interpretations.--

706

(5) The commission may render declaratory statements in

707

accordance with s. 120.565 relating to the provisions of the

708

Florida Accessibility Code for Building Construction not

709

attributable to the Americans with Disabilities Act Accessibility

710

Guidelines. Notwithstanding the other provisions of this section,

711

the Florida Accessibility Code for Building Construction and

712

chapter 11 of the Florida Building Code may not be interpreted

713

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

714

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

715

commission's authority to waive the Florida Accessibility Code

716

for Building Construction as provided by s. 553.512.

717

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

718

553.80, Florida Statutes, is amended to read:

719

553.80 Enforcement.--

720

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

721

government and each legally constituted enforcement district with

722

statutory authority shall regulate building construction and,

723

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

724

state agency shall enforce the Florida Building Code required by

725

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

726

facilities, unless such responsibility has been delegated to

727

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

728

(a) Construction regulations relating to correctional

729

facilities under the jurisdiction of the Department of

730

Corrections and the Department of Juvenile Justice, and secure

731

mental-health-treatment facilities under the jurisdiction of the

732

Department of Children and Family Services, are to be enforced

733

exclusively by those departments.

734

735

The governing bodies of local governments may provide a schedule

736

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

737

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

738

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

739

responsibilities in enforcing the Florida Building Code. The

740

authority of state enforcing agencies to set fees for enforcement

741

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

742

However, nothing contained in this subsection shall operate to

743

limit such agencies from adjusting their fee schedule in

744

conformance with existing authority.

745

Section 15. Paragraph (b) of subsection (2) of section

746

553.844, Florida Statutes, is amended to read:

747

553.844 Windstorm loss mitigation; requirements for roofs

748

and opening protection.--

749

(2) The Florida Building Commission shall:

750

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

751

means to incorporate recognized mitigation techniques for site-

752

built, single-family residential structures constructed before

753

prior to the implementation of the Florida Building Code,

754

including, but not limited to:

755

1. Prescriptive techniques for the installation of gable-

756

end bracing;

757

2. Secondary water barriers for roofs and standards

758

relating to secondary water barriers. The criteria may include,

759

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

760

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

761

to one method or material for a secondary water barrier;

762

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

763

connections. The Legislature recognizes that the cost of

764

retrofitting existing buildings to meet the code requirements for

765

new construction in this regard may exceed the practical benefit

766

to be attained. The Legislature intends for the commission to

767

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

768

may be employed to retrofit existing buildings that are not

769

otherwise required to comply with the requirements of the Florida

770

Building Code for new construction so that the cost of such

771

improvements does not exceed approximately 15 percent of the cost

772

of reroofing. For houses that have both hip and gable roof ends,

773

the priority shall be to retrofit the gable end roof-to-wall

774

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

775

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

776

to connecting the corners of roofs to walls below the locations

777

at which the spans of the roofing members are greatest;

778

4. Strengthening or correcting roof-decking attachments and

779

fasteners during reroofing; and

780

5. Adding or strengthening opening protections.

781

Section 16. Subsection (1) of section 553.885, Florida

782

Statutes, is amended to read:

783

553.885 Carbon monoxide alarm required.--

784

(1) Every building for which a building permit is issued

785

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

786

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

787

attached garage shall have an approved operational carbon

788

monoxide alarm installed within 10 feet of each room used for

789

sleeping purposes. In lieu of this requirement, for a new

790

hospital or nursing home facility licensed by the Agency for

791

Health Care Administration, an operational carbon monoxide

792

detector shall be installed inside or directly outside of each

793

room or area within the building where a fossil-fuel-burning

794

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

795

connected to the fire alarm system of the facility as a

796

supervisory signal.

797

Section 17. Section 553.886, Florida Statutes, is created

798

to read:

799

553.886 Energy-efficiency technologies.--The provisions of

800

the Florida Building Code must facilitate and promote the use of

801

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

802

renewable energy technologies in buildings.

803

Section 18. Section 553.901, Florida Statutes, is amended

804

to read:

805

553.901 Purpose of thermal efficiency code.--The Department

806

of Community Affairs shall prepare a thermal efficiency code to

807

provide for a statewide uniform standard for energy efficiency in

808

the thermal design and operation of all buildings statewide,

809

consistent with energy conservation goals, and to best provide

810

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

811

Building Commission shall adopt the Florida Energy Efficiency

812

Code for Building Construction within the Florida Building Code,

813

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

814

implement the provisions of this thermal efficiency code and

815

amendments thereto, in accordance with the procedures of chapter

816

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

817

most cost-effective energy-saving equipment and techniques

818

available and report its determinations to the commission, which

819

shall update the code to incorporate such equipment and

820

techniques. The proposed changes shall be made available for

821

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

822

implementation. Before adoption of any additional amendments to

823

the Florida Energy Efficiency Code for Building Construction, the

824

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

825

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

826

the criteria and measures to be used by the commission to

827

evaluate proposed amendments shall be construed to mean cost-

828

effective to the consumer.

829

Section 19. Section 553.9061, Florida Statutes, is created

830

to read:

831

553.9061 Scheduled increases in thermal efficiency

832

standards.--

833

(1) This section establishes a schedule of required

834

increases in the energy-efficiency performance of buildings that

835

are subject to the requirements for energy efficiency as

836

contained in the current edition of the Florida Building Code.

837

The Florida Building Commission shall implement the following

838

energy-efficiency goals using the triennial code-adoption process

839

established for updates to the Florida Building Code in s.

840

553.73:

841

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

842

Building Code to increase the energy-efficiency performance of

843

new buildings by at least 20 percent as compared to the

844

performance achieved as a result of the implementation of the

845

energy-efficiency provisions contained in the 2004 edition of the

846

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

847

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

848

Building Code to increase the energy-efficiency performance of

849

new buildings by at least 30 percent as compared to the

850

performance achieved as a result of the implementation of the

851

energy-efficiency provisions contained in the 2004 edition of the

852

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

853

854

Building Code to increase the energy-efficiency performance of

855

new buildings by at least 40 percent as compared to the

856

performance achieved as a result of the implementation of the

857

energy-efficiency provisions contained in the 2004 edition of the

858

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

859

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

860

Building Code to increase the energy-efficiency performance of

861

new buildings by at least 50 percent as compared to the

862

performance achieved as a result of the implementation of the

863

energy-efficiency provisions contained in the 2004 edition of the

864

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

865

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

866

compliance documentation the specific building options and

867

elements available to meet the energy-efficiency performance

868

requirements under subsection (1). Energy-efficiency performance

869

options and elements include, but are not limited to:

870

(a) Solar water heating;

871

(b) Energy-efficient appliances;

872

873

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

874

(e) Enhanced ceiling and wall insulation;

875

(f) Reduced-leak duct systems;

876

(g) Programmable thermostats; and

877

(h) Energy-efficient lighting systems.

878

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

879

efficiency goals established in subsection (1) at least once

880

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

881

triennial code-adoption process established in s. 553.73.

882

Section 20. (1) The Florida Building Commission shall

883

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

884

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

885

current energy-efficiency ratings and consumer labeling

886

requirements specified in chapter 553, Florida Statutes. The

887

commission shall submit a written report of its study to the

888

President of the Senate and the Speaker of the House of

889

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

890

contain the commission's recommendations regarding the

891

strengthening and integration of energy-efficiency ratings and

892

labeling requirements.

893

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

894

Section 21. (1) The Florida Building Commission shall

895

conduct a study to evaluate opportunities to restructure the

896

Florida Energy Efficiency Code for Building Construction to

897

achieve long-range improvements to building energy performance.

898

During such study, the commission shall address the integration

899

of the Thermal Efficiency Code established in part V of chapter

900

553, Florida Statutes, the Energy Conservation Standards Act

901

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

902

Florida Building Energy-Efficiency Rating Act established in part

903

VIII of chapter 553, Florida Statutes.

904

(2) The commission shall submit a report containing

905

specific recommendations on the integration of the code and acts

906

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

907

the Speaker of the House of Representatives on or before February

908

1, 2009.

909

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

910

Section 22. (1) The Department of Community Affairs, in

911

conjunction with the Florida Energy Affordability Coalition,

912

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

913

Energy Assistance Program and the Weatherization Assistance

914

Program, and identify recommendations that:

915

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

916

(b) Maximize available financial and energy-conservation

917

assistance;

918

919

assistance; and

920

(d) Educate customers to make informed decisions regarding

921

energy use and conservation.

922

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

923

report its findings and any recommended statutory changes

924

required to implement such findings to the President of the

925

Senate and the Speaker of the House of Representatives.

926

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

927

Section 23. Section 553.731, Florida Statutes, is repealed.

928

Section 24. Subsection (6) is added to section 718.113,

929

Florida Statutes, to read:

930

718.113 Maintenance; limitation upon improvement; display

931

of flag; hurricane shutters.--

932

(6) Notwithstanding the provisions of this section or the

933

governing documents of a condominium or a multicondominium

934

association, the board of administration may, without any

935

requirement for approval of the unit owners, install upon or

936

within the common elements or association property solar

937

collectors, clotheslines, or other energy-efficient devices based

938

on renewable resources for the benefit of the unit owners.

939

Section 25. The Florida Building Commission shall submit

940

the text of the rule required by section 18 of this act to the

941

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

942

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

943

Section 26. This act shall take effect July 1, 2008.

944

945

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

946

And the title is amended as follows:

947

Delete everything before the enacting clause

948

and insert:

949

A bill to be entitled

950

An act relating to energy efficiency and conservation;

951

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

952

the use of solar collectors and other energy devices;

953

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

954

future land use element of a local comprehensive plan to

955

include energy-efficient land use patterns and greenhouse

956

gas reduction strategies; requiring that the traffic-

957

circulation element of a local comprehensive plan

958

incorporate transportation strategies to reduce greenhouse

959

gas emissions; requiring that the land use map or map

960

series contained in the future land use element of a local

961

comprehensive plan identify and depict energy

962

conservation; requiring that the home element of a local

963

comprehensive plan include energy efficiency in the design

964

and construction of new housing and use of renewable

965

energy resources; requiring each unit of local government

966

within an urbanized area to amend the transportation

967

element of a local comprehensive plan to incorporate

968

transportation strategies addressing reduction in

969

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

970

expanding the scope of the definition of "roofing

971

contractor" to include contractors performing required

972

roof-deck attachments and any repair or replacement of

973

wood roof sheathing or fascia as needed during roof repair

974

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

975

term "manufactured building" for purposes of the Florida

976

Manufactured Building Act to include modular and factory-

977

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

978

Department of Community Affairs to adopt rules related to

979

the inspection, construction, and modification of

980

manufactured buildings; requiring the department to

981

develop an insignia to be affixed to newly constructed

982

manufactured buildings; authorizing the department to

983

charge a fee for the insignia; providing requirements for

984

the insignia; requiring the department to develop minimum

985

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

986

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

987

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

988

be affixed to all newly constructed factory-built school

989

buildings; providing requirements for the manufacturer's

990

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

991

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

992

codes to be included in Florida Building Code updates;

993

expanding the list of reasons the commission may amend the

994

Florida Building Code; amending s. 553.74., F.S.; revising

995

requirements for selecting members of the Florida Building

996

Commission; revising membership of the commission;

997

deleting obsolete provisions; amending s. 553.75, F.S.;

998

authorizing the Florida Building Commission to use

999

communications media technology in conducting its meetings

1000

or meetings held in conjunction with commission meetings;

1001

providing for public comment at meetings of the

1002

commission; amending s. 553.77, F.S.; authorizing the

1003

commission to implement recommendations relating to energy

1004

efficiency in residential and commercial buildings;

1005

amending s. 553.775, F.S.; authorizing the commission to

1006

render declaratory statements; amending s. 553.80, F.S.;

1007

providing that the enforcement of construction regulations

1008

relating to facilities for mental health treatment are

1009

under the jurisdiction of the Department of Children and

1010

Family Services; amending s. 553.844, F.S.; revising

1011

provisions requiring the adoption of certain mitigation

1012

techniques by the Florida Building Commission within the

1013

Florida Building Code for certain structures; amending s.

1014

553.885, F.S.; requiring the installation of carbon

1015

monoxide detectors in certain new hospitals and nursing

1016

homes; creating s. 553.886, F.S.; requiring that the

1017

Florida Building Code facilitate and promote the use of

1018

certain renewable energy technologies in buildings;

1019

amending s. 553.901, F.S.; requiring the commission to

1020

adopt by rule a definition of the term "cost-effective";

1021

creating s. 553.9061, F.S.; establishing a schedule of

1022

required increases in the energy performance of buildings

1023

subject to the Florida Building Code; providing a process

1024

for implementing goals to increase energy-efficiency

1025

performance in new buildings; providing a schedule for the

1026

implementation of such goals; identifying energy-

1027

efficiency performance options and elements available to

1028

meet energy-efficiency performance requirements; providing

1029

a schedule for the review and adoption of renewable

1030

energy-efficiency goals by the commission; requiring the

1031

commission to conduct a study to evaluate the energy-

1032

efficiency rating of new buildings and appliances;

1033

requiring the commission to submit a report to the

1034

President of the Senate and the Speaker of the House of

1035

Representatives on or before a specified date; requiring

1036

the commission to conduct a study to evaluate

1037

opportunities to restructure the Florida Energy Code for

1038

Building Construction, including the integration of the

1039

Thermal Efficiency Code, the Energy Conservation Standards

1040

Act, and the Florida Building Energy-Efficiency Rating

1041

Act; requiring the commission to submit a report to the

1042

President of the Senate and the Speaker of the House of

1043

Representatives on or before a specified date; directing

1044

the Department of Community Affairs, in conjunction with

1045

the Florida Energy Affordability Council, to identify and

1046

review issues relating to the Low-Income Home Energy

1047

Assistance Program and the Weatherization Assistance

1048

Program; requiring the submission of a report to the

1049

President of the Senate and the Speaker of the House of

1050

Representatives on or before a specified date; providing

1051

for the expiration of certain study requirements;

1052

repealing s. 553.731 F.S., relating to wind-borne debris

1053

protection requirements; amending s. 718.113, F.S.;

1054

authorizing the board of a condominium or a

1055

multicondominium to install solar collectors,

1056

clotheslines, or other energy-efficient devices on

1057

association property; requiring the commission to include

1058

certain information in its report to the Legislature;

1059

providing an effective date.

4/3/2008 8:35:00 AM 592-06516A-08

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