Florida Senate - 2008 CS for CS for CS for SB 560

By the Committees on Environmental Preservation and Conservation; Regulated Industries; Community Affairs; and Senator Constantine

592-06639-08 2008560c3

A bill to be entitled

An act relating to energy efficiency and conservation;

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

the use of solar collectors and other energy devices;

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

future land use element of a local comprehensive plan to

include energy-efficient land use patterns and greenhouse

gas reduction strategies; requiring that the traffic-

circulation element of a local comprehensive plan

incorporate transportation strategies to reduce greenhouse

gas emissions; requiring that the land use map or map

series contained in the future land use element of a local

comprehensive plan identify and depict energy

conservation; requiring that the home element of a local

comprehensive plan include energy efficiency in the design

and construction of new housing and use of renewable

energy resources; requiring that certain counties adopt a

plan for ensuring affordable housing; requiring each unit

of local government within an urbanized area to amend the

transportation element of a local comprehensive plan to

incorporate transportation strategies addressing reduction

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

expanding the scope of the definition of "roofing

contractor" to include contractors performing required

roof-deck attachments and any repair or replacement of

wood roof sheathing or fascia as needed during roof repair

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

term "manufactured building" for purposes of the Florida

Manufactured Building Act to include modular and factory-

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

Department of Community Affairs to adopt rules related to

the inspection, construction, and modification of

manufactured buildings; requiring the department to

develop an insignia to be affixed to newly constructed

manufactured buildings; authorizing the department to

charge a fee for the insignia; providing requirements for

the insignia; requiring the department to develop minimum

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

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

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

be affixed to all newly constructed factory-built school

buildings; providing requirements for the manufacturer's

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

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

codes to be included in Florida Building Code updates;

expanding the list of reasons the commission may amend the

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

requirements for selecting members of the Florida Building

Commission; revising membership of the commission;

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

authorizing the Florida Building Commission to use

communications media technology in conducting its meetings

or meetings held in conjunction with commission meetings;

providing for public comment at meetings of the

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

commission to implement recommendations relating to energy

efficiency in residential and commercial buildings;

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

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

providing that the enforcement of construction regulations

relating to facilities for mental health treatment are

under the jurisdiction of the Department of Children and

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

provisions requiring the adoption of certain mitigation

techniques by the Florida Building Commission within the

Florida Building Code for certain structures; amending s.

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

monoxide detectors in certain new hospitals and nursing

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

Florida Building Code facilitate and promote the use of

certain renewable energy technologies in buildings;

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

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

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

required increases in the energy performance of buildings

subject to the Florida Building Code; providing a process

for implementing goals to increase energy-efficiency

performance in new buildings; providing a schedule for the

implementation of such goals; identifying energy-

efficiency performance options and elements available to

meet energy-efficiency performance requirements; providing

a schedule for the review and adoption of renewable

energy-efficiency goals by the commission; requiring the

commission to conduct a study to evaluate the energy-

efficiency rating of new buildings and appliances;

requiring the commission to submit a report to the

President of the Senate and the Speaker of the House of

Representatives on or before a specified date; requiring

the commission to conduct a study to evaluate

opportunities to restructure the Florida Energy Code for

Building Construction, including the integration of the

Thermal Efficiency Code, the Energy Conservation Standards

Act, and the Florida Building Energy-Efficiency Rating

Act; requiring the commission to submit a report to the

President of the Senate and the Speaker of the House of

Representatives on or before a specified date; directing

the Department of Community Affairs, in conjunction with

the Florida Energy Affordability Council, to identify and

review issues relating to the Low-Income Home Energy

100

Assistance Program and the Weatherization Assistance

101

Program; requiring the submission of a report to the

102

President of the Senate and the Speaker of the House of

103

Representatives on or before a specified date; providing

104

for the expiration of certain study requirements;

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

106

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

107

authorizing the board of a condominium or a

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multicondominium to install solar collectors,

109

clotheslines, or other energy-efficient devices on

110

association property; requiring the Florida Building

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Commission to include certain information in its report to

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the Legislature; 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. Subsection (2) of section 163.04, Florida

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Statutes, is amended to read:

118

163.04 Energy devices based on renewable resources.--

119

(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

126

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

133

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

134

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

143

plan; studies and surveys.--

144

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

145

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

148

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

149

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

152

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

157

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

162

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

163

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

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accommodate anticipated growth; the projected population of the

165

area; the character of undeveloped land; the availability of

166

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

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redevelopment, including the renewal of blighted areas and the

168

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

210

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

225

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

235

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

238

pursuant to s. 337.273. If the transportation corridors are

239

designated, the local government may adopt a transportation

240

corridor management ordinance. The traffic circulation element

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shall incorporate transportation strategies to address reduction

242

in greenhouse gas emissions from the transportation sector.

243

(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,

249

including factors that affect energy conservation. Local

250

governments shall assess their current, as well as projected,

251

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

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considering the appropriate regional water supply plan approved

253

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

256

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

272

future residents of the jurisdiction.

273

b. The elimination of substandard dwelling conditions.

274

c. The structural and aesthetic improvement of existing

275

housing.

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d. The provision of adequate sites for future housing,

277

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

280

and foster care facilities, with supporting infrastructure and

281

public facilities.

282

e. Provision for relocation housing and identification of

283

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

287

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

291

housing. 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

293

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

294

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

295

critical state concern shall adopt a plan for ensuring affordable

296

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

297

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

298

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

299

natural persons or families whose total household income does not

300

exceed 140 percent of the area median income, adjusted for

301

household size.

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

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

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will result in the local government being ineligible to receive

305

any state housing assistance grants until the requirement of sub-

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subparagraph h. is met.

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

309

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

310

including the affordable housing needs assessment. State and

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federal housing plans prepared on behalf of the local government

312

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

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the housing element. Local governments are encouraged to utilize

314

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

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portion of their affordable housing concerns.

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

317

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

319

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

320

critical state concern shall adopt a plan for ensuring affordable

321

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

322

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

323

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

324

natural persons or families whose total household income does not

325

exceed 140 percent of the area median income, adjusted for

326

household size.

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k. Failure by a local government to comply with the

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

329

government being ineligible to receive any state housing

330

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

331

met.

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333

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

334

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

335

including the affordable housing needs assessment. State and

336

federal housing plans prepared on behalf of the local government

337

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

338

the housing element. Local governments are encouraged to use job

339

training, job creation, and economic solutions to address a

340

portion of their affordable housing concerns.

341

2. To assist local governments in housing data collection

342

and analysis and assure uniform and consistent information

343

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

344

agency shall conduct an affordable housing needs assessment for

345

all local jurisdictions on a schedule that coordinates the

346

implementation of the needs assessment with the evaluation and

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appraisal reports required by s. 163.3191. Each local government

348

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

350

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

351

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

364

facilities, and intermodal terminals.

365

5. The availability of facilities and services to serve

366

existing land uses and the compatibility between future land use

367

and transportation elements.

368

6. The capability to evacuate the coastal population prior

369

to an impending natural disaster.

370

7. Airports, projected airport and aviation development,

371

and land use compatibility around airports.

372

8. An identification of land use densities, building

373

intensities, and transportation management programs to promote

374

public transportation systems in designated public transportation

375

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.

378

334.03, intended for future transportation facilities designated

379

pursuant to s. 337.273. If transportation corridors are

380

designated, the local government may adopt a transportation

381

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

384

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:

387

489.105 Definitions.--As used in this part:

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

389

shall only be responsible for, the project contracted for and

390

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

391

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

392

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

393

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

394

including related improvements to real estate, for others or for

395

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

396

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

399

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

400

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

401

stories tall; and buildings or residences over three stories

402

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

403

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

404

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

407

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

408

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

409

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

410

items used in the installation, maintenance, extension, and

411

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

412

except when coating is not represented to protect, repair,

413

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

414

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

415

attachments and any repair or replacement of wood roof sheathing

416

or fascia as needed during roof repair or replacement.

417

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

418

Statutes, is amended to read:

419

553.36 Definitions.--The definitions contained in this

420

section govern the construction of this part unless the context

421

otherwise requires.

422

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

423

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

424

system of subassemblies, which may include structural,

425

electrical, plumbing, heating, ventilating, or other service

426

systems manufactured in manufacturing facilities for installation

427

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

428

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

429

residential, commercial, institutional, storage, and industrial

430

structures. The term includes buildings not intended for human

431

habitation such as lawn storage buildings and storage sheds

432

manufactured and assembled offsite by a manufacturer certified in

433

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

434

homes.

435

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

436

read:

437

553.37 Rules; inspections; and insignia.--

438

(1) The Florida Building Commission shall adopt within the

439

Florida Building Code requirements for construction or

440

modification of manufactured buildings and building modules, to

441

address:

442

(a) Submittal to and approval by the department of

443

manufacturers' drawings and specifications, including any

444

amendments.

445

(b) Submittal to and approval by the department of

446

manufacturers' internal quality control procedures and manuals,

447

including any amendments.

448

449

qualifications for approval of third-party plan review and

450

inspection entities and of those who perform inspections and plan

451

reviews.

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(2) The department shall adopt rules to address:

453

(a) Procedures and qualifications for approval of third-

454

party plan review and inspection agencies and of those who

455

perform inspections and plan reviews.

456

(b)(d) Investigation of consumer complaints of

457

noncompliance of manufactured buildings with the Florida Building

458

Code and the Florida Fire Prevention Code.

459

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

460

insignia issued by the department and procedures for auditing and

461

accounting for disposition of them.

462

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

463

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

464

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

465

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

466

manufacturing facilities and observation of the manufacturing and

467

inspection process, and onsite inspections of buildings.

468

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

469

functions required by this part.

470

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

471

Code, no manufactured building, except as provided in subsection

472

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

473

and bears the insignia of approval of the department and a

474

manufacturer's data plate. Approvals issued by the department

475

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

476

with the requirements of this part.

477

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

478

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

479

to comply with the Florida Building Code and are exempt from

480

local amendments enacted by any local government.

481

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

482

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

483

modified prior to installation, except in conformance with the

484

Florida Building Code.

485

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

486

bear the insignia of approval pursuant to this part upon

487

manufacture or first sale shall not require an additional

488

approval or insignia by a local government in which they are

489

subsequently sold or installed. Buildings or structures that meet

490

the definition of "open construction" are subject to permitting

491

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

492

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

493

determines that the standards for construction and inspection of

494

manufactured buildings prescribed by statute or rule of another

495

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

496

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

497

provide by rule that the manufactured building which has been

498

inspected and approved by such other state shall be deemed to

499

have been approved by the department and shall authorize the

500

affixing of the appropriate insignia of approval.

501

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

502

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

503

the department for the work related to administration and

504

enforcement of this part.

505

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

506

authority to a state department having building construction

507

responsibilities or a local government. The department may

508

delegate its plan review and inspection authority to one or more

509

of the following in any combination:

510

(a) A state department having building construction

511

responsibilities;,

512

(b) A local government;,

513

514

(d) An approved plan review agency;, or

515

(e) An agency of another state.

516

(9) If the commission delegates its inspection authority to

517

third-party approved inspection agencies, manufacturers must have

518

one, and only one, inspection agency responsible for inspection

519

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

520

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

521

to all newly constructed buildings by the manufacturer or the

522

inspection agency prior to the building leaving the plant. The

523

department may charge a fee for issuing such insignias. Such

524

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

525

identification number unique to that insignia, and such other

526

information as the department may require by rule. If the

527

commission delegates its inspection authority to third-party

528

approved plan review agencies, manufacturers must have one, and

529

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

530

manufactured building, module, or component at all times.

531

(11) The department shall by rule develop minimum criteria

532

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

533

constructed buildings by the manufacturer prior to the building

534

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

535

buildings shall not be required to have state approval but must

536

comply with all local requirements of the governmental agency

537

having jurisdiction at the installation site.

538

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

539

Florida Statutes, are amended to read:

540

553.381 Manufacturer certification.--

541

(1) Before manufacturing buildings to be located within

542

this state or selling manufactured buildings within this state,

543

whichever occurs later, a manufacturer must be certified by the

544

department. The department shall certify a manufacturer upon

545

receipt from the manufacturer and approval and verification by

546

the department of the following:

547

(a) The manufacturer's internal quality control procedures

548

and manuals, including any amendments;

549

(b) Evidence that the manufacturer has product liability

550

insurance for the safety and welfare of the public in amounts

551

determined by rule of the department commission; and

552

553

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

554

(3) Certification of manufacturers under this section shall

555

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

556

manufacturer. Upon application for renewal, the manufacturer must

557

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

558

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

559

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

560

for renewal of manufacturers' certification shall be established

561

by the department commission by rule.

562

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

563

Florida Statutes, are amended to read:

564

553.415 Factory-built school buildings.--

565

(11) The department shall require that an insignia bearing

566

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

567

plate develop a unique identification label to be affixed to all

568

newly constructed factory-built school buildings and existing

569

factory-built school buildings which have been brought into

570

compliance with the standards for existing "satisfactory"

571

buildings pursuant to chapter 5 of the Uniform Code for Public

572

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

573

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

574

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

575

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

576

minimum, contain:

577

(a) The name of the manufacturer.

578

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

579

580

(d) The serial or other identification number.

581

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

582

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

583

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

584

load.

585

(f) The designed-for flood zone usage.

586

(g) The designed-for wind zone usage.

587

(h) The designed-for enhanced hurricane protection zone

588

usage: yes or no.

589

(12) Such insignia and data plate identification label

590

shall be permanently affixed by the manufacturer in the case of

591

newly constructed factory-built school buildings, or by the

592

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

593

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

594

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

595

Florida Statutes, to read:

596

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

597

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

598

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

599

approved development order.

600

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

601

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

602

553.73 Florida Building Code.--

603

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

604

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

605

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

606

commission shall select the most current version of the

607

International Building Code, the International Fuel Gas Code, the

608

International Mechanical Code, the International Plumbing Code,

609

and the International Residential Code, all of which are adopted

610

by the International Code Council, and the National Electrical

611

Code, which is adopted by the National Fire Protection

612

Association, to form the foundation codes of the updated Florida

613

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

614

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

615

months prior to its selection by the commission. The commission

616

may select the most current version of the International Energy

617

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

618

the commission to maintain the compliance methods and policies,

619

without diminishing the building component efficiencies, of the

620

Florida Energy Efficiency Code for Building Construction adopted

621

and amended pursuant to this part.

622

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

623

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

624

this subsection by amending the code pursuant only to the rule

625

adoption procedures contained in chapter 120. Provisions of the

626

Florida Building Code, including those contained in referenced

627

standards and criteria, relating to wind resistance or the

628

prevention of water intrusion may not be amended pursuant to this

629

subsection to diminish those construction requirements; however,

630

the commission may, subject to conditions in this subsection,

631

amend the provisions to enhance those construction requirements.

632

Following the approval of any amendments to the Florida Building

633

Code by the commission and publication of the amendments on the

634

commission's website, authorities having jurisdiction to enforce

635

the Florida Building Code may enforce the amendments. The

636

commission may approve amendments that are needed to address:

637

(a) Conflicts within the updated code;

638

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

639

Prevention Code adopted pursuant to chapter 633;

640

641

amendments to the updated code if such omission is not supported

642

by a specific recommendation of a technical advisory committee or

643

particular action by the commission;

644

(d) Unintended results from the integration of previously

645

adopted Florida-specific amendments with the model code; or

646

(e) Changes to federal or state law; or.

647

(f) Adoption of an updated edition of the National

648

Electrical Code if the commission finds that delay of

649

implementing the updated edition causes undue hardship to

650

stakeholders or otherwise threatens the public health, safety,

651

and welfare.

652

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

653

Florida Statutes, are amended to read:

654

553.74 Florida Building Commission.--

655

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

656

located within the Department of Community Affairs for

657

administrative purposes. Members shall be appointed by the

658

Governor subject to confirmation by the Senate. The commission

659

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

660

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

661

actively engaged in the profession. The American Institute of

662

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

663

candidates for consideration.

664

(b) One structural engineer registered to practice in this

665

state and actively engaged in the profession. The Florida

666

Engineering Society is encouraged to recommend a list of

667

candidates for consideration.

668

669

to do business in this state and actively engaged in the

670

profession. The Florida Air Conditioning Contractors Association,

671

the Florida Refrigeration and Air Conditioning Contractors

672

Association, and the Mechanical Contractors Association of

673

Florida are encouraged to recommend a list of candidates for

674

consideration.

675

(d) One electrical contractor certified to do business in

676

this state and actively engaged in the profession. The Florida

677

Electrical Contractors Association and the National Electrical

678

Contractors Association, Florida Chapter, are encouraged to

679

recommend a list of candidates for consideration.

680

(e) One member from fire protection engineering or

681

technology who is actively engaged in the profession. The Florida

682

Chapter of the Society of Fire Protection Engineers and the

683

Florida Fire Marshals and Inspectors Association are encouraged

684

to recommend a list of candidates for consideration.

685

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

686

state and actively engaged in the profession. The Associated

687

Builders and Contractors of Florida, the Florida Associated

688

General Contractors Council, and the Union Contractors

689

Association are encouraged to recommend a list of candidates for

690

consideration.

691

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

692

state and actively engaged in the profession. The Florida

693

Association of Plumbing, Heating, and Cooling Contractors is

694

encouraged to recommend a list of candidates for consideration.

695

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

696

business in this state and actively engaged in the profession.

697

The Florida Roofing, Sheet Metal, and Air Conditioning

698

Contractors Association and the Sheet Metal and Air Conditioning

699

Contractors National Association are encouraged to recommend a

700

list of candidates for consideration.

701

(i) One residential contractor licensed to do business in

702

this state and actively engaged in the profession. The Florida

703

Home Builders Association is encouraged to recommend a list of

704

candidates for consideration.

705

(j) Three members who are municipal or district codes

706

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

707

Building Officials Association of Florida and the Florida Fire

708

Marshals and Inspectors Association are encouraged to recommend a

709

list of candidates for consideration.

710

(k) One member who represents the Department of Financial

711

Services.

712

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

713

The Building Officials Association of Florida is encouraged to

714

recommend a list of candidates for consideration.

715

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

716

with disabilities or a nationally chartered organization of

717

persons with disabilities with chapters in this state.

718

(n) One member of the manufactured buildings industry who

719

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

720

in the industry. The Florida Manufactured Housing Association is

721

encouraged to recommend a list of candidates for consideration.

722

(o) One mechanical or electrical engineer registered to

723

practice in this state and actively engaged in the profession.

724

The Florida Engineering Society is encouraged to recommend a list

725

of candidates for consideration.

726

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

727

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

728

Association of Counties are encouraged to recommend a list of

729

candidates for consideration.

730

(q) One member of the building products manufacturing

731

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

732

actively engaged in the industry. The Florida Building Material

733

Association, the Florida Concrete and Products Association, and

734

the Fenestration Manufacturers Association are encouraged to

735

recommend a list of candidates for consideration.

736

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

737

owners and managers industry who is actively engaged in

738

commercial building ownership or management. The Building Owners

739

and Managers Association is encouraged to recommend a list of

740

candidates for consideration.

741

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

742

industry. The Florida Insurance Council is encouraged to

743

recommend a list of candidates for consideration.

744

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

745

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

746

to do business in this state and actively engaged in the

747

profession. The Florida Swimming Pool Association and the United

748

Pool and Spa Association are encouraged to recommend a list of

749

candidates for consideration shall be the chair.

750

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

751

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

752

Florida board member of the United States Green Building Council

753

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

754

(w) One member who shall be the chair.

755

756

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

757

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

758

two full terms is eligible for reappointment to the commission

759

regardless of whether he or she meets the new qualification.

760

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

761

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

762

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

763

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

764

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

765

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

766

Florida Building Commission shall be appointed after February 1,

767

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

768

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

769

cease to meet the qualifications for original appointment,

770

through ceasing to be a practicing member of the profession

771

indicated or otherwise, shall thereby forfeit membership on the

772

commission.

773

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

774

read:

775

553.75 Organization of commission; rules and regulations;

776

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

777

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

778

commission shall annually elect from its appointive members such

779

officers as it may choose.

780

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

781

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

782

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

783

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

784

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

785

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

786

constitute a quorum.

787

(3) The department shall be responsible for the provision

788

of administrative and staff support services relating to the

789

functions of the commission. With respect to matters within the

790

jurisdiction of the commission, the department shall be

791

responsible for the implementation and faithful discharge of all

792

decisions of the commission made pursuant to its authority under

793

the provisions of this part. The department is specifically

794

authorized to use communications media technology in conducting

795

meetings of the commission or any meetings held in conjunction

796

with meetings of the commission.

797

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

798

encourage participation by interested persons in attendance. At a

799

minimum, the commission shall provide one opportunity for

800

interested members of the public in attendance at a meeting to

801

comment on each proposed action of the commission before a final

802

vote is taken on any motion.

803

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

804

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

805

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

806

553.77 Specific powers of the commission.--

807

(5) The commission may implement its recommendations

808

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

809

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

810

Efficiency Code for Building Construction as provided in s.

811

553.901.

812

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

813

Statutes, is amended to read:

814

553.775 Interpretations.--

815

(5) The commission may render declaratory statements in

816

accordance with s. 120.565 relating to the provisions of the

817

Florida Accessibility Code for Building Construction not

818

attributable to the Americans with Disabilities Act Accessibility

819

Guidelines. Notwithstanding the other provisions of this section,

820

the Florida Accessibility Code for Building Construction and

821

chapter 11 of the Florida Building Code may not be interpreted

822

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

823

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

824

commission's authority to waive the Florida Accessibility Code

825

for Building Construction as provided by s. 553.512.

826

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

827

553.80, Florida Statutes, is amended to read:

828

553.80 Enforcement.--

829

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

830

government and each legally constituted enforcement district with

831

statutory authority shall regulate building construction and,

832

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

833

state agency shall enforce the Florida Building Code required by

834

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

835

facilities, unless such responsibility has been delegated to

836

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

837

(a) Construction regulations relating to correctional

838

facilities under the jurisdiction of the Department of

839

Corrections or and the Department of Juvenile Justice and secure

840

mental health treatment facilities under the jurisdiction of the

841

Department of Children and Family Services shall are to be

842

enforced exclusively by those departments.

843

844

The governing bodies of local governments may provide a schedule

845

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

846

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

847

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

848

responsibilities in enforcing the Florida Building Code. The

849

authority of state enforcing agencies to set fees for enforcement

850

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

851

However, nothing contained in this subsection shall operate to

852

limit such agencies from adjusting their fee schedule in

853

conformance with existing authority.

854

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

855

553.844, Florida Statutes, is amended to read:

856

553.844 Windstorm loss mitigation; requirements for roofs

857

and opening protection.--

858

(2) The Florida Building Commission shall:

859

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

860

means to incorporate recognized mitigation techniques for site-

861

built, single-family residential structures constructed before

862

prior to the implementation of the Florida Building Code,

863

including, but not limited to:

864

1. Prescriptive techniques for the installation of gable-

865

end bracing;

866

2. Secondary water barriers for roofs and standards

867

relating to secondary water barriers. The criteria may include,

868

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

869

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

870

to one method or material for a secondary water barrier;

871

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

872

connections. The Legislature recognizes that the cost of

873

retrofitting existing buildings to meet the code requirements for

874

new construction in this regard may exceed the practical benefit

875

to be attained. The Legislature intends for the commission to

876

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

877

may be employed to retrofit existing buildings that are not

878

otherwise required to comply with the requirements of the Florida

879

Building Code for new construction so that the cost of such

880

improvements does not exceed approximately 15 percent of the cost

881

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

882

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

883

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

884

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

885

to connecting the corners of roofs to walls below the locations

886

at which the spans of the roofing members are greatest;

887

4. Strengthening or correcting roof-decking attachments and

888

fasteners during reroofing; and

889

5. Adding or strengthening opening protections.

890

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

891

Statutes, is amended to read:

892

553.885 Carbon monoxide alarm required.--

893

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

894

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

895

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

896

attached garage shall have an approved operational carbon

897

monoxide alarm installed within 10 feet of each room used for

898

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

899

hospital or nursing home facility licensed by the Agency for

900

Health Care Administration, an operational carbon monoxide

901

detector shall be installed inside or directly outside of each

902

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

903

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

904

connected to the fire alarm system of the facility as a

905

supervisory signal.

906

Section 17. Section 553.886, Florida Statutes, is created

907

to read:

908

553.886 Energy-efficiency technologies.--The provisions of

909

the Florida Building Code must facilitate and promote the use of

910

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

911

renewable energy technologies in buildings.

912

Section 18. Section 553.901, Florida Statutes, is amended

913

to read:

914

553.901 Purpose of thermal efficiency code.--The Department

915

of Community Affairs shall prepare a thermal efficiency code to

916

provide for a statewide uniform standard for energy efficiency in

917

the thermal design and operation of all buildings statewide,

918

consistent with energy conservation goals, and to best provide

919

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

920

Building Commission shall adopt the Florida Energy Efficiency

921

Code for Building Construction within the Florida Building Code,

922

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

923

implement the provisions of this thermal efficiency code and

924

amendments thereto, in accordance with the procedures of chapter

925

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

926

most cost-effective energy-saving equipment and techniques

927

available and report its determinations to the commission, which

928

shall update the code to incorporate such equipment and

929

techniques. The proposed changes shall be made available for

930

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

931

implementation. Before adoption of any additional amendments to

932

the Florida Energy Efficiency Code for Building Construction, the

933

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

934

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

935

the criteria and measures to be used by the commission to

936

evaluate proposed amendments shall be construed to mean cost-

937

effective to the consumer.

938

Section 19. Section 553.9061, Florida Statutes, is created

939

to read:

940

553.9061 Scheduled increases in thermal efficiency

941

standards.--

942

(1) This section establishes a schedule of required

943

increases in the energy-efficiency performance of buildings that

944

are subject to the requirements for energy efficiency as

945

contained in the current edition of the Florida Building Code.

946

The Florida Building Commission shall implement the following

947

energy-efficiency goals using the triennial code-adoption process

948

established for updates to the Florida Building Code in s.

949

553.73:

950

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

951

Building Code to increase the energy-efficiency performance of

952

new buildings by at least 20 percent as compared to the

953

performance achieved as a result of the implementation of the

954

energy-efficiency provisions contained in the 2004 edition of the

955

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

956

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

957

Building Code to increase the energy-efficiency performance of

958

new buildings by at least 30 percent as compared to the

959

performance achieved as a result of the implementation of the

960

energy-efficiency provisions contained in the 2004 edition of the

961

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

962

963

Building Code to increase the energy-efficiency performance of

964

new buildings by at least 40 percent as compared to the

965

performance achieved as a result of the implementation of the

966

energy-efficiency provisions contained in the 2004 edition of the

967

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

968

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

969

Building Code to increase the energy-efficiency performance of

970

new buildings by at least 50 percent as compared to the

971

performance achieved as a result of the implementation of the

972

energy-efficiency provisions contained in the 2004 edition of the

973

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

974

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

975

compliance documentation the specific building options and

976

elements available to meet the energy-efficiency performance

977

requirements under subsection (1). Energy-efficiency performance

978

options and elements include, but are not limited to:

979

(a) Solar water heating;

980

(b) Energy-efficient appliances;

981

982

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

983

(e) Enhanced ceiling and wall insulation;

984

(f) Reduced-leak duct systems;

985

(g) Programmable thermostats; and

986

(h) Energy-efficient lighting systems.

987

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

988

efficiency goals established in subsection (1) at least once

989

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

990

triennial code-adoption process established in s. 553.73.

991

Section 20. (1) The Florida Building Commission shall

992

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

993

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

994

current energy-efficiency ratings and consumer labeling

995

requirements specified in chapter 553, Florida Statutes. The

996

commission shall submit a written report of its study to the

997

President of the Senate and the Speaker of the House of

998

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

999

contain the commission's recommendations regarding the

1000

strengthening and integration of energy-efficiency ratings and

1001

labeling requirements.

1002

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

1003

Section 21. (1) The Florida Building Commission shall

1004

conduct a study to evaluate opportunities to restructure the

1005

Florida Energy Efficiency Code for Building Construction to

1006

achieve long-range improvements to building energy performance.

1007

During such study, the commission shall address the integration

1008

of the Thermal Efficiency Code established in part V of chapter

1009

553, Florida Statutes, the Energy Conservation Standards Act

1010

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

1011

Florida Building Energy-Efficiency Rating Act established in part

1012

VIII of chapter 553, Florida Statutes.

1013

(2) The commission shall submit a report containing

1014

specific recommendations on the integration of the code and acts

1015

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

1016

the Speaker of the House of Representatives on or before February

1017

1, 2009.

1018

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

1019

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

1020

conjunction with the Florida Energy Affordability Coalition,

1021

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

1022

Energy Assistance Program and the Weatherization Assistance

1023

Program, and identify recommendations that:

1024

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

1025

(b) Maximize available financial and energy-conservation

1026

assistance;

1027

1028

assistance; and

1029

(d) Educate customers to make informed decisions regarding

1030

energy use and conservation.

1031

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

1032

report its findings and any recommended statutory changes

1033

required to implement such findings to the President of the

1034

Senate and the Speaker of the House of Representatives.

1035

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

1036

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

1037

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

1038

Florida Statutes, to read:

1039

718.113 Maintenance; limitation upon improvement; display

1040

of flag; hurricane shutters.--

1041

(6) Notwithstanding the provisions of this section or the

1042

governing documents of a condominium or a multicondominium

1043

association, the board of administration may, without any

1044

requirement for approval of the unit owners, install upon or

1045

within the common elements or association property solar

1046

collectors, clotheslines, or other energy-efficient devices based

1047

on renewable resources for the benefit of the unit owners.

1048

Section 25. The Florida Building Commission shall submit

1049

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

1050

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

1051

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

1052

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

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