Florida Senate - 2008 (Reformatted) SB 560
By Senator Constantine
22-00428-08 2008560__
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A bill to be entitled
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An act relating to energy efficiency in building
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construction; amending s. 553.77, F.S.; providing
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discretionary power to the Florida Building Commission to
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implement recommendations regarding cost-effective,
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energy-efficiency standards for construction of all new
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residential, commercial, and government buildings by
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amending the Florida Efficiency Code for Building
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Construction; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 553.77, Florida Statutes, is amended to
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read:
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553.77 Specific powers of the commission.--
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(1) The commission shall:
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(a) Adopt and update the Florida Building Code or
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(b) Make a continual study of the operation of the Florida
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Building Code and other laws relating to the design,
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construction, erection, alteration, modification, repair, or
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demolition of public or private buildings, structures, and
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facilities, including manufactured buildings, and code
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enforcement, to ascertain their effect upon the cost of building
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construction and determine the effectiveness of their provisions.
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Upon updating the Florida Building Code every 3 years, the
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commission shall review existing provisions of law and make
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recommendations to the Legislature for the next regular session
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of the Legislature regarding provisions of law that should be
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revised or repealed to ensure consistency with the Florida
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Building Code at the point the update goes into effect. State
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agencies and local jurisdictions shall provide such information
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as requested by the commission for evaluation of and
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recommendations for improving the effectiveness of the system of
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building code laws for reporting to the Legislature annually.
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Failure to comply with this or other requirements of this act
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must be reported to the Legislature for further action. Any
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proposed legislation providing for the revision or repeal of
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existing laws and rules relating to technical requirements
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applicable to building structures or facilities should expressly
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state that such legislation is not intended to imply any repeal
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or sunset of existing general or special laws governing any
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special district that are not specifically identified in the
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legislation.
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(c) Upon written application by any substantially affected
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person or a local enforcement agency, issue declaratory
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statements pursuant to s. 120.565 relating to new technologies,
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techniques, and materials which have been tested where necessary
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and found to meet the objectives of the Florida Building Code.
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This paragraph does not apply to the types of products,
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materials, devices, or methods of construction required to be
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approved under paragraph (f).
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(d) Make recommendations to, and provide assistance upon
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the request of, the Florida Commission on Human Relations
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regarding rules relating to accessibility for persons with
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disabilities.
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(e) Participate with the Florida Fire Code Advisory Council
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created under s. 633.72, to provide assistance and
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recommendations relating to firesafety code interpretations. The
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administrative staff of the commission shall attend meetings of
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the Florida Fire Code Advisory Council and coordinate efforts to
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provide consistency between the Florida Building Code and the
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Florida Fire Prevention Code and the Life Safety Code.
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(f) Determine the types of products which may be approved
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by the commission for statewide use and shall provide for the
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evaluation and approval of such products, materials, devices, and
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method of construction for statewide use. The commission may
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prescribe by rule a schedule of reasonable fees to provide for
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evaluation and approval of products, materials, devices, and
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methods of construction. Evaluation and approval shall be by
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action of the commission or delegated pursuant to s. 553.842.
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This paragraph does not apply to products approved by the State
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Fire Marshal.
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(g) Appoint experts, consultants, technical advisers, and
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advisory committees for assistance and recommendations relating
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to the major areas addressed in the Florida Building Code.
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(h) Establish and maintain a mutual aid program, organized
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through the department, to provide an efficient supply of various
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levels of code enforcement personnel, design professionals,
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commercial property owners, and construction industry
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individuals, to assist in the rebuilding effort in an area which
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has been hit with disaster. The program shall include provisions
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for:
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1. Minimum postdisaster structural, electrical, and
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plumbing inspections and procedures.
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2. Emergency permitting and inspection procedures.
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3. Establishing contact with emergency management personnel
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and other state and federal agencies.
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(i) Maintain a list of interested parties for noticing
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rulemaking workshops and hearings, disseminating information on
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code adoption, revisions, amendments, and all other such actions
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which are the responsibility of the commission.
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(j) Coordinate with the state and local governments,
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industry, and other affected stakeholders in the examination of
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legislative provisions and make recommendations to fulfill the
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responsibility to develop a consistent, single code.
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(k) Provide technical assistance to local building
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departments in order to implement policies, procedures, and
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practices which would produce the most cost-effective property
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insurance ratings.
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(l) Develop recommendations for local governments to use
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when pursuing partial or full privatization of building
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department functions. The recommendations shall include, but not
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be limited to, provisions relating to equivalency of service,
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conflict of interest, requirements for competency, liability,
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insurance, and long-term accountability.
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(2) For educational and public information purposes, the
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commission shall develop and publish an informational and
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explanatory document which contains descriptions of the roles and
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responsibilities of the licensed design professional, residential
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designer, contractor, and local building and fire code officials.
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The State Fire Marshal shall be responsible for developing and
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specifying roles and responsibilities for fire code officials.
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Such document may also contain descriptions of roles and
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responsibilities of other participants involved in the building
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codes system.
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(3) The commission may provide by rule for plans review and
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approval of prototype buildings owned by public and private
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entities to be replicated throughout the state. The rule must
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allow for review and approval of plans and changes to approved
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plans for prototype buildings to be performed by a public or
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private entity with oversight by the commission. The department
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may charge reasonable fees to cover the administrative costs of
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the program. Such approved plans or prototype buildings shall be
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exempt from further review required by s. 553.79(2), except
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changes to the prototype design, site plans, and other site-
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related items. Changes to an approved plan may be approved by the
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local building department or by the public or private entity that
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approved the plan. As provided in s. 553.73, prototype buildings
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are exempt from any locally adopted amendment to any part of the
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Florida Building Code. Construction or erection of such prototype
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buildings is subject to local permitting and inspections pursuant
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to this part.
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(4) The commission may produce and distribute a commentary
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document to accompany the Florida Building Code. The commentary
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must be limited in effect to providing technical assistance and
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must not have the effect of binding interpretations of the code
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document itself.
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(5) The commission may implement its recommendations
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delivered pursuant to subsection (2) of section 48 of chapter
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2007-73, Laws of Florida, by amending the Florida Energy
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Efficiency Code for Building Construction as provided in s.
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(6)(5) A member of the Florida Building Commission may
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abstain from voting in any matter before the commission which
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would inure to the commissioner's special private gain or loss,
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which the commissioner knows would inure to the special private
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gain or loss of any principal by whom he or she is retained or to
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the parent organization or subsidiary of a corporate principal by
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which he or she is retained, or which he or she knows would inure
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to the special private gain or loss of a relative or business
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associate of the commissioner. A commissioner shall abstain from
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voting under the foregoing circumstances if the matter is before
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commissioner shall, before the vote is taken, publicly state to
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the assembly the nature of the commissioner's interest in the
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matter from which he or she is abstaining from voting and, within
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15 days after the vote occurs, disclose the nature of his other
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interest as a public record in a memorandum filed with the person
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responsible for recording the minutes of the meeting, who shall
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incorporate the memorandum in the minutes.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.