CS for CS for CS for CS for SB 560 First Engrossed

2008560e1

A bill to be entitled

An act relating to building code standards; 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; providing that certain counties may not

receive state affordable housing funds under certain

circumstances; 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; providing requirements for the

retroactive application of parts of the Florida Building

Code to commercial wireless communications towers;

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 secure

mental health treatment facilities under the jurisdiction

of the Department of Children and Family Services shall be

enforced exclusively by the department in conjunction with

the review authority of the Agency for Health Care

Administration; amending s. 553.842, F.S.; requiring the

commission to review the list of product evaluation

entities; providing reporting requirements; providing for

rulemaking; designating an entity as an approved

production evaluation entity until October 1, 2009;

providing criteria for substitution of approved products

under certain conditions; providing for the expiration of

certain product approvals; 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,

hospice and nursing homes facilities; 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

100

submit a report to the President of the Senate and the

101

Speaker of the House of Representatives on or before a

102

specified date; requiring the commission to conduct a

103

study to evaluate opportunities to restructure the Florida

104

Energy Code for Building Construction, including the

105

integration of the Thermal Efficiency Code, the Energy

106

Conservation Standards Act, and the Florida Building

107

Energy-Efficiency Rating Act; requiring the commission to

108

submit a report to the President of the Senate and the

109

Speaker of the House of Representatives on or before a

110

specified date; directing the Department of Community

111

Affairs, in conjunction with the Florida Energy

112

Affordability Council, to identify and review issues

113

relating to the Low-Income Home Energy Assistance Program

114

and the Weatherization Assistance Program; requiring the

115

submission of a report to the President of the Senate and

116

the Speaker of the House of Representatives on or before a

117

specified date; providing for the expiration of certain

118

study requirements; repealing s. 553.731, F.S., relating

119

to wind-borne debris protection requirements; providing

120

for construction and interpretation of the repeal;

121

repealing s. 627.351(6)(a)6., F.S.; providing requirements

122

for certain properties to meet building code plus

123

requirements as a condition of eligibility for coverage by

124

Citizens Property Insurance Corporation; amending s.

125

718.113, F.S.; authorizing the board of a condominium or a

126

multicondominium to install solar collectors,

127

clotheslines, or other energy-efficient devices on

128

association property; requiring the Florida Building

129

Commission to include certain information in its report to

130

the Legislature; providing an effective date.

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132

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

133

134

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

135

Statutes, is amended to read:

136

163.04 Energy devices based on renewable resources.--

137

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

138

binding agreement may not No deed restrictions, covenants, or

139

similar binding agreements running with the land shall prohibit

140

or have the effect of prohibiting solar collectors, clotheslines,

141

or other energy devices based on renewable resources from being

142

installed on buildings erected on the lots or parcels covered by

143

the deed restriction, covenant, declaration, or binding agreement

144

restrictions, covenants, or binding agreements. A property owner

145

may not be denied permission to install solar collectors or other

146

energy devices based on renewable resources by any entity granted

147

the power or right in any deed restriction, covenant,

148

declaration, or similar binding agreement to approve, forbid,

149

control, or direct alteration of property with respect to

150

residential dwellings and within the boundaries of a condominium

151

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

152

subsection, Such entity may determine the specific location where

153

solar collectors may be installed on the roof within an

154

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

155

if provided that such determination does not impair the effective

156

operation of the solar collectors.

157

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

158

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

159

to read:

160

163.3177 Required and optional elements of comprehensive

161

plan; studies and surveys.--

162

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

163

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

164

elements:

165

(a) A future land use plan element designating proposed

166

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

167

land for residential uses, commercial uses, industry,

168

agriculture, recreation, conservation, education, public

169

buildings and grounds, other public facilities, and other

170

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

171

encouraged to designate rural land stewardship areas, pursuant to

172

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

173

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

174

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

175

in the control and distribution of population densities and

176

building and structure intensities. The proposed distribution,

177

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

178

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

179

supplemented by goals, policies, and measurable objectives. The

180

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

181

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

182

accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

184

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

185

redevelopment, including the renewal of blighted areas and the

186

elimination of nonconforming uses which are inconsistent with the

187

character of the community; the compatibility of uses on lands

188

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

191

generation and transmission systems; greenhouse gas reduction

192

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

195

may designate areas for future planned development use involving

196

combinations of types of uses for which special regulations may

197

be necessary to ensure development in accord with the principles

198

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

199

land use plan element shall include criteria to be used to

200

achieve the compatibility of adjacent or closely proximate lands

201

with military installations. In addition, for rural communities,

202

the amount of land designated for future planned industrial use

203

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

204

job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

206

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

210

boundaries and shall designate historically significant

211

properties meriting protection. For coastal counties, the future

212

land use element must include, without limitation, regulatory

213

incentives and criteria that encourage the preservation of

214

recreational and commercial working waterfronts as defined in s.

215

342.07. The future land use element must clearly identify the

216

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

217

When delineating the land use categories in which public schools

218

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

219

categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

221

public school boards and may establish differing criteria for

222

schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

224

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

228

local comprehensive plan, except for plan amendments described in

229

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

230

Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

232

an allowable use are exempt from the limitation on the frequency

233

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

234

element shall include criteria that encourage the location of

235

schools proximate to urban residential areas to the extent

236

possible and shall require that the local government seek to

237

collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

239

encourage the use of elementary schools as focal points for

240

neighborhoods. For schools serving predominantly rural counties,

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

242

agricultural land use category shall be eligible for the location

243

of public school facilities if the local comprehensive plan

244

contains school siting criteria and the location is consistent

245

with such criteria. Local governments required to update or amend

246

their comprehensive plan to include criteria and address

247

compatibility of adjacent or closely proximate lands with

248

existing military installations in their future land use plan

249

element shall transmit the update or amendment to the department

250

by June 30, 2006.

251

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

252

locations, and extent of existing and proposed major

253

thoroughfares and transportation routes, including bicycle and

254

pedestrian ways. Transportation corridors, as defined in s.

255

334.03, may be designated in the traffic circulation element

256

pursuant to s. 337.273. If the transportation corridors are

257

designated, the local government may adopt a transportation

258

corridor management ordinance. The traffic circulation element

259

shall incorporate transportation strategies to address reduction

260

in greenhouse gas emissions from the transportation sector.

261

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

262

protection of natural resources in the area, including air,

263

water, water recharge areas, wetlands, waterwells, estuarine

264

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

265

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

266

minerals, and other natural and environmental resources,

267

including factors that affect energy conservation. Local

268

governments shall assess their current, as well as projected,

269

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

270

considering the appropriate regional water supply plan approved

271

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

272

regional water supply plan, the district water management plan

273

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

274

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

275

series contained in the future land use element shall generally

276

identify and depict the following:

277

1. Existing and planned waterwells and cones of influence

278

where applicable.

279

2. Beaches and shores, including estuarine systems.

280

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

281

4. Wetlands.

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5. Minerals and soils.

283

6. Energy conservation.

284

285

The land uses identified on such maps shall be consistent with

286

applicable state law and rules.

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

288

principles to be followed in:

289

a. The provision of housing for all current and anticipated

290

future residents of the jurisdiction.

291

b. The elimination of substandard dwelling conditions.

292

c. The structural and aesthetic improvement of existing

293

housing.

294

d. The provision of adequate sites for future housing,

295

including affordable workforce housing as defined in s.

296

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

297

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

298

and foster care facilities, with supporting infrastructure and

299

public facilities.

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e. Provision for relocation housing and identification of

301

historically significant and other housing for purposes of

302

conservation, rehabilitation, or replacement.

303

f. The formulation of housing implementation programs.

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g. The creation or preservation of affordable housing to

305

minimize the need for additional local services and avoid the

306

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

309

housing.

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i. Use of renewable energy resources.

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

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

313

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

314

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

315

critical state concern shall adopt a plan for ensuring affordable

316

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

317

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

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

319

natural persons or families whose total household income does not

320

exceed 140 percent of the area median income, adjusted for

321

household size.

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k. As a precondition to receiving any state affordable

323

housing funding or allocation for any project or program within

324

the jurisdiction of a county that is subject to sub-subparagraph

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j., a county must, by July 1 of each year, provide certification

326

that the county has complied with the requirements of sub-

327

subparagraph j.

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i. Failure by a local government to comply with the

329

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

330

government being ineligible to receive any state housing

331

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

332

met.

333

334

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

335

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

336

including the affordable housing needs assessment. State and

337

federal housing plans prepared on behalf of the local government

338

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

339

the housing element. Local governments are encouraged to use

340

utilize job training, job creation, and economic solutions to

341

address a portion of their affordable housing concerns.

342

2. To assist local governments in housing data collection

343

and analysis and assure uniform and consistent information

344

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

345

agency shall conduct an affordable housing needs assessment for

346

all local jurisdictions on a schedule that coordinates the

347

implementation of the needs assessment with the evaluation and

348

appraisal reports required by s. 163.3191. Each local government

349

shall utilize the data and analysis from the needs assessment as

350

one basis for the housing element of its local comprehensive

351

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

352

perform its own needs assessment, if it uses the methodology

353

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

357

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

358

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

359

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

362

transportation, pedestrian, and bicycle travel.

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3. Parking facilities.

364

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

365

facilities, and intermodal terminals.

366

5. The availability of facilities and services to serve

367

existing land uses and the compatibility between future land use

368

and transportation elements.

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6. The capability to evacuate the coastal population prior

370

to an impending natural disaster.

371

7. Airports, projected airport and aviation development,

372

and land use compatibility around airports.

373

8. An identification of land use densities, building

374

intensities, and transportation management programs to promote

375

public transportation systems in designated public transportation

376

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.

379

334.03, intended for future transportation facilities designated

380

pursuant to s. 337.273. If transportation corridors are

381

designated, the local government may adopt a transportation

382

corridor management ordinance.

383

10. The incorporation of transportation strategies to

384

address reduction in greenhouse gas emissions from the

385

transportation sector.

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

387

489.105, Florida Statutes, is amended to read:

388

489.105 Definitions.--As used in this part:

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

390

shall only be responsible for, the project contracted for and

391

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

392

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

393

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

394

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

395

including related improvements to real estate, for others or for

396

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

397

the job scope described in one of the subsequent paragraphs of

398

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

400

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

401

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

402

stories tall; and buildings or residences over three stories

403

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

404

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

405

and Division II, consisting of those contractors defined in

406

paragraphs (d)-(q):

407

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

408

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

409

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

410

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

411

items used in the installation, maintenance, extension, and

412

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

413

except when coating is not represented to protect, repair,

414

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

415

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

416

attachments and any repair or replacement of wood roof sheathing

417

or fascia as needed during roof repair or replacement.

418

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

419

Statutes, is amended to read:

420

553.36 Definitions.--The definitions contained in this

421

section govern the construction of this part unless the context

422

otherwise requires.

423

(13) "Manufactured building", "modular building," or

424

"factory-built building" means a closed structure, building

425

assembly, or system of subassemblies, which may include

426

structural, electrical, plumbing, heating, ventilating, or other

427

service systems manufactured in manufacturing facilities for

428

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

429

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

430

residential, commercial, institutional, storage, and industrial

431

structures. The term includes buildings not intended for human

432

habitation such as lawn storage buildings and storage sheds

433

manufactured and assembled offsite by a manufacturer certified in

434

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

435

homes.

436

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

437

read:

438

553.37 Rules; inspections; and insignia.--

439

(1) The Florida Building Commission shall adopt within the

440

Florida Building Code requirements for construction or

441

modification of manufactured buildings and building modules, to

442

address:

443

(a) Submittal to and approval by the department of

444

manufacturers' drawings and specifications, including any

445

amendments.

446

(b) Submittal to and approval by the department of

447

manufacturers' internal quality control procedures and manuals,

448

including any amendments.

449

450

qualifications for approval of third-party plan review and

451

inspection entities and of those who perform inspections and plan

452

reviews.

453

(2) The department shall adopt rules to address:

454

(a) Procedures and qualifications for approval of third-

455

party plan review and inspection agencies and of those who

456

perform inspections and plan reviews.

457

(b)(d) Investigation of consumer complaints of

458

noncompliance of manufactured buildings with the Florida Building

459

Code and the Florida Fire Prevention Code.

460

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

461

insignia issued by the department and procedures for auditing and

462

accounting for disposition of them.

463

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

464

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

465

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

466

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

467

manufacturing facilities and observation of the manufacturing and

468

inspection process, and onsite inspections of buildings.

469

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

470

functions required by this part.

471

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

472

Code, no manufactured building, except as provided in subsection

473

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

474

and bears the insignia of approval of the department and a

475

manufacturer's data plate. Approvals issued by the department

476

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

477

with the requirements of this part.

478

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

479

insignia of approval pursuant to subsection (3) (2) shall be

480

deemed to comply with the Florida Building Code and are exempt

481

from local amendments enacted by any local government.

482

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

483

of approval pursuant to subsection (3) (2) shall be in any way

484

modified prior to installation, except in conformance with the

485

Florida Building Code.

486

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

487

bear the insignia of approval pursuant to this part upon

488

manufacture or first sale shall not require an additional

489

approval or insignia by a local government in which they are

490

subsequently sold or installed. Buildings or structures that meet

491

the definition of "open construction" are subject to permitting

492

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

493

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

494

determines that the standards for construction and inspection of

495

manufactured buildings prescribed by statute or rule of another

496

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

497

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

498

provide by rule that the manufactured building which has been

499

inspected and approved by such other state shall be deemed to

500

have been approved by the department and shall authorize the

501

affixing of the appropriate insignia of approval.

502

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

503

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

504

the department for the work related to administration and

505

enforcement of this part.

506

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

507

authority to a state department having building construction

508

responsibilities or a local government. The department may

509

delegate its plan review and inspection authority to one or more

510

of the following in any combination:

511

(a) A state department having building construction

512

responsibilities;,

513

(b) A local government;,

514

515

(d) An approved plan review agency;, or

516

(e) An agency of another state.

517

(9) If the commission delegates its inspection authority to

518

third-party approved inspection agencies, manufacturers must have

519

one, and only one, inspection agency responsible for inspection

520

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

521

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

522

to all newly constructed buildings by the manufacturer or the

523

inspection agency prior to the building leaving the plant. The

524

department may charge a fee for issuing such insignias. Such

525

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

526

identification number unique to that insignia, and such other

527

information as the department may require by rule. If the

528

commission delegates its inspection authority to third-party

529

approved plan review agencies, manufacturers must have one, and

530

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

531

manufactured building, module, or component at all times.

532

(11) The department shall by rule develop minimum criteria

533

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

534

constructed buildings by the manufacturer prior to the building

535

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

536

buildings shall not be required to have state approval but must

537

comply with all local requirements of the governmental agency

538

having jurisdiction at the installation site.

539

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

540

Florida Statutes, are amended to read:

541

553.381 Manufacturer certification.--

542

(1) Before manufacturing buildings to be located within

543

this state or selling manufactured buildings within this state,

544

whichever occurs later, a manufacturer must be certified by the

545

department. The department shall certify a manufacturer upon

546

receipt from the manufacturer and approval and verification by

547

the department of the following:

548

(a) The manufacturer's internal quality control procedures

549

and manuals, including any amendments;

550

(b) Evidence that the manufacturer has product liability

551

insurance for the safety and welfare of the public in amounts

552

determined by rule of the department commission; and

553

554

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

555

(3) Certification of manufacturers under this section shall

556

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

557

manufacturer. Upon application for renewal, the manufacturer must

558

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

559

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

560

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

561

for renewal of manufacturers' certification shall be established

562

by the department commission by rule.

563

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

564

Florida Statutes, are amended to read:

565

553.415 Factory-built school buildings.--

566

(11) The department shall require that an insignia bearing

567

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

568

plate develop a unique identification label to be affixed to all

569

newly constructed factory-built school buildings and existing

570

factory-built school buildings which have been brought into

571

compliance with the standards for existing "satisfactory"

572

buildings pursuant to chapter 5 of the Uniform Code for Public

573

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

574

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

575

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

576

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

577

minimum, contain:

578

(a) The name of the manufacturer.

579

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

580

581

(d) The serial or other identification number.

582

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

583

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

584

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

585

load.

586

(f) The designed-for flood zone usage.

587

(g) The designed-for wind zone usage.

588

(h) The designed-for enhanced hurricane protection zone

589

usage: yes or no.

590

(12) Such insignia and data plate identification label

591

shall be permanently affixed by the manufacturer in the case of

592

newly constructed factory-built school buildings, or by the

593

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

594

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

595

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

596

Florida Statutes, to read:

597

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

598

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

599

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

600

approved development order.

601

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

602

(7) of section 553.73, Florida Statutes, are amended, and

603

subsection (13) is added to that section, to read:

604

553.73 Florida Building Code.--

605

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

606

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

607

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

608

commission shall select the most current version of the

609

International Building Code, the International Fuel Gas Code, the

610

International Mechanical Code, the International Plumbing Code,

611

and the International Residential Code, all of which are adopted

612

by the International Code Council, and the National Electrical

613

Code, which is adopted by the National Fire Protection

614

Association, to form the foundation codes of the updated Florida

615

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

616

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

617

months prior to its selection by the commission. The commission

618

shall select the most current version of the International Energy

619

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

620

the commission to maintain the compliance methods and policies,

621

without diminishing the building component efficiencies, of the

622

Florida Energy Efficiency Code for Building Construction adopted

623

and amended pursuant to s. 553.901.

624

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

625

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

626

this subsection by amending the code pursuant only to the rule

627

adoption procedures contained in chapter 120. Provisions of the

628

Florida Building Code, including those contained in referenced

629

standards and criteria, relating to wind resistance or the

630

prevention of water intrusion may not be amended pursuant to this

631

subsection to diminish those construction requirements; however,

632

the commission may, subject to conditions in this subsection,

633

amend the provisions to enhance those construction requirements.

634

Following the approval of any amendments to the Florida Building

635

Code by the commission and publication of the amendments on the

636

commission's website, authorities having jurisdiction to enforce

637

the Florida Building Code may enforce the amendments. The

638

commission may approve amendments that are needed to address:

639

(a) Conflicts within the updated code;

640

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

641

Prevention Code adopted pursuant to chapter 633;

642

643

amendments to the updated code if such omission is not supported

644

by a specific recommendation of a technical advisory committee or

645

particular action by the commission;

646

(d) Unintended results from the integration of previously

647

adopted Florida-specific amendments with the model code; or

648

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

649

(f) Adoption of an updated edition of the National

650

Electrical Code if the commission finds that delay of

651

implementing the updated edition causes undue hardship to

652

stakeholders or otherwise threatens the public health, safety,

653

and welfare.

654

(13) The general provisions of the Florida Building Code

655

for buildings and other structures shall not apply to commercial

656

wireless communication towers when such general provisions are

657

inconsistent with the provisions of the code controlling radio

658

and television towers. This subsection is intended to be remedial

659

in nature and to clarify existing law.

660

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

661

Florida Statutes, are amended to read:

662

553.74 Florida Building Commission.--

663

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

664

located within the Department of Community Affairs for

665

administrative purposes. Members shall be appointed by the

666

Governor subject to confirmation by the Senate. The commission

667

shall be composed of 25 23 members, consisting of the following:

668

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

669

actively engaged in the profession. The American Institute of

670

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

671

candidates for consideration.

672

(b) One structural engineer registered to practice in this

673

state and actively engaged in the profession. The Florida

674

Engineering Society is encouraged to recommend a list of

675

candidates for consideration.

676

677

to do business in this state and actively engaged in the

678

profession. The Florida Air Conditioning Contractors Association,

679

the Florida Refrigeration and Air Conditioning Contractors

680

Association, and the Mechanical Contractors Association of

681

Florida are encouraged to recommend a list of candidates for

682

consideration.

683

(d) One electrical contractor certified to do business in

684

this state and actively engaged in the profession. The Florida

685

Electrical Contractors Association and the National Electrical

686

Contractors Association, Florida Chapter, are encouraged to

687

recommend a list of candidates for consideration.

688

(e) One member from fire protection engineering or

689

technology who is actively engaged in the profession. The Florida

690

Chapter of the Society of Fire Protection Engineers and the

691

Florida Fire Marshals and Inspectors Association are encouraged

692

to recommend a list of candidates for consideration.

693

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

694

state and actively engaged in the profession. The Associated

695

Builders and Contractors of Florida, the Florida Associated

696

General Contractors Council, and the Union Contractors

697

Association are encouraged to recommend a list of candidates for

698

consideration.

699

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

700

state and actively engaged in the profession. The Florida

701

Association of Plumbing, Heating, and Cooling Contractors is

702

encouraged to recommend a list of candidates for consideration.

703

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

704

business in this state and actively engaged in the profession.

705

The Florida Roofing, Sheet Metal, and Air Conditioning

706

Contractors Association and the Sheet Metal and Air Conditioning

707

Contractors National Association are encouraged to recommend a

708

list of candidates for consideration.

709

(i) One residential contractor licensed to do business in

710

this state and actively engaged in the profession. The Florida

711

Home Builders Association is encouraged to recommend a list of

712

candidates for consideration.

713

(j) Three members who are municipal or district codes

714

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

715

Building Officials Association of Florida and the Florida Fire

716

Marshals and Inspectors Association are encouraged to recommend a

717

list of candidates for consideration.

718

(k) One member who represents the Department of Financial

719

Services.

720

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

721

The Building Officials Association of Florida is encouraged to

722

recommend a list of candidates for consideration.

723

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

724

with disabilities or a nationally chartered organization of

725

persons with disabilities with chapters in this state.

726

(n) One member of the manufactured buildings industry who

727

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

728

in the industry. The Florida Manufactured Housing Association is

729

encouraged to recommend a list of candidates for consideration.

730

(o) One mechanical or electrical engineer registered to

731

practice in this state and actively engaged in the profession.

732

The Florida Engineering Society is encouraged to recommend a list

733

of candidates for consideration.

734

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

735

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

736

Association of Counties are encouraged to recommend a list of

737

candidates for consideration.

738

(q) One member of the building products manufacturing

739

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

740

actively engaged in the industry. The Florida Building Material

741

Association, the Florida Concrete and Products Association, and

742

the Fenestration Manufacturers Association are encouraged to

743

recommend a list of candidates for consideration.

744

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

745

owners and managers industry who is actively engaged in

746

commercial building ownership or management. The Building Owners

747

and Managers Association is encouraged to recommend a list of

748

candidates for consideration.

749

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

750

industry. The Florida Insurance Council is encouraged to

751

recommend a list of candidates for consideration.

752

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

753

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

754

to do business in this state and actively engaged in the

755

profession. The Florida Swimming Pool Association and the United

756

Pool and Spa Association are encouraged to recommend a list of

757

candidates for consideration shall be the chair.

758

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

759

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

760

Florida board member of the United States Green Building Council

761

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

762

(w) One member who shall be the chair.

763

764

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

765

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

766

two full terms is eligible for reappointment to the commission

767

regardless of whether he or she meets the new qualification.

768

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

769

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

770

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

771

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

772

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

773

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

774

Florida Building Commission shall be appointed after February 1,

775

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

776

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

777

cease to meet the qualifications for original appointment,

778

through ceasing to be a practicing member of the profession

779

indicated or otherwise, shall thereby forfeit membership on the

780

commission.

781

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

782

read:

783

553.75 Organization of commission; rules and regulations;

784

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

785

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

786

commission shall annually elect from its appointive members such

787

officers as it may choose.

788

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

789

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

790

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

791

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

792

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

793

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

794

constitute a quorum.

795

(3) The department shall be responsible for the provision

796

of administrative and staff support services relating to the

797

functions of the commission. With respect to matters within the

798

jurisdiction of the commission, the department shall be

799

responsible for the implementation and faithful discharge of all

800

decisions of the commission made pursuant to its authority under

801

the provisions of this part. The department is specifically

802

authorized to use communications media technology in conducting

803

meetings of the commission or any meetings held in conjunction

804

with meetings of the commission.

805

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

806

encourage participation by interested persons in attendance. At a

807

minimum, the commission shall provide one opportunity for

808

interested members of the public in attendance at a meeting to

809

comment on each proposed action of the commission before a final

810

vote is taken on any motion.

811

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

812

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

813

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

814

553.77 Specific powers of the commission.--

815

(5) The commission may implement its recommendations

816

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

817

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

818

Efficiency Code for Building Construction as provided in s.

819

553.901.

820

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

821

Statutes, is amended to read:

822

553.775 Interpretations.--

823

(5) The commission may render declaratory statements in

824

accordance with s. 120.565 relating to the provisions of the

825

Florida Accessibility Code for Building Construction not

826

attributable to the Americans with Disabilities Act Accessibility

827

Guidelines. Notwithstanding the other provisions of this section,

828

the Florida Accessibility Code for Building Construction and

829

chapter 11 of the Florida Building Code may not be interpreted

830

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

831

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

832

commission's authority to waive the Florida Accessibility Code

833

for Building Construction as provided by s. 553.512.

834

Section 14. Paragraph (g) is added to subsection (1) of

835

section 553.80, Florida Statutes, to read:

836

553.80 Enforcement.--

837

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

838

local government and each legally constituted enforcement

839

district with statutory authority shall regulate building

840

construction and, where authorized in the state agency's enabling

841

legislation, each state agency shall enforce the Florida Building

842

Code required by this part on all public or private buildings,

843

structures, and facilities, unless such responsibility has been

844

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

845

(g) Construction regulations relating to secure mental

846

health treatment facilities under the jurisdiction of the

847

Department of Children and Family Services shall be enforced

848

exclusively by the department in conjunction with the Agency for

849

Health Care Administration's review authority under paragraph

850

(c).

851

852

The governing bodies of local governments may provide a schedule

853

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

854

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

855

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

856

responsibilities in enforcing the Florida Building Code. The

857

authority of state enforcing agencies to set fees for enforcement

858

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

859

However, nothing contained in this subsection shall operate to

860

limit such agencies from adjusting their fee schedule in

861

conformance with existing authority.

862

Section 15. Subsection (17) is added to section 553.842,

863

Florida Statutes, to read:

864

553.842 Product evaluation and approval.--

865

(17)(a) The Florida Building Commission shall review the

866

list of evaluation entities in subsection (8) and, in the annual

867

report required under s. 553.77, shall either recommend

868

amendments to the list to add evaluation entities the commission

869

determines should be authorized to perform product evaluations or

870

shall report on the criteria adopted by rule or to be adopted by

871

rule allowing the commission to approve evaluation entities that

872

use the commission's product evaluation process. If the

873

commission adopts criteria by rule, the rulemaking process must

874

be completed by July 1, 2009.

875

(b) Notwithstanding paragraph (8)(a), the International

876

Association of Plumbing and Mechanical Officials Evaluation

877

Services is approved as an evaluation entity until October 1,

878

2009. If the association does not obtain permanent approval by

879

the commission as an evaluation entity by October 1, 2009,

880

products approved on the basis of an association evaluation must

881

be substituted by an alternative, approved entity by December 31,

882

2009, and on January 1, 2010, any product approval issued by the

883

commission based on an association evaluation is void.

884

Section 16. Paragraph (b) of subsection (2) of section

885

553.844, Florida Statutes, is amended to read:

886

553.844 Windstorm loss mitigation; requirements for roofs

887

and opening protection.--

888

(2) The Florida Building Commission shall:

889

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

890

means to incorporate recognized mitigation techniques for site-

891

built, single-family residential structures constructed before

892

prior to the implementation of the Florida Building Code,

893

including, but not limited to:

894

1. Prescriptive techniques for the installation of gable-

895

end bracing;

896

2. Secondary water barriers for roofs and standards

897

relating to secondary water barriers. The criteria may include,

898

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

899

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

900

to one method or material for a secondary water barrier;

901

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

902

connections. The Legislature recognizes that the cost of

903

retrofitting existing buildings to meet the code requirements for

904

new construction in this regard may exceed the practical benefit

905

to be attained. The Legislature intends for the commission to

906

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

907

may be employed to retrofit existing buildings that are not

908

otherwise required to comply with the requirements of the Florida

909

Building Code for new construction so that the cost of such

910

improvements does not exceed approximately 15 percent of the cost

911

of reroofing. Roof-to-wall connections shall not be required

912

unless evaluation and installation of connections at gable ends

913

or all corners can be completed for 15 percent of the cost of

914

roof replacement. For houses that have both hip and gable roof

915

ends, the priority shall be to retrofit the gable end roof-to-

916

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

917

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

918

given to connecting the corners of roofs to walls below the

919

locations at which the spans of the roofing members are greatest;

920

4. Strengthening or correcting roof-decking attachments and

921

fasteners during reroofing; and

922

5. Adding or strengthening opening protections.

923

Section 17. Subsection (1) of section 553.885, Florida

924

Statutes, is amended to read:

925

553.885 Carbon monoxide alarm required.--

926

(1) Every building, other than a hospital, an inpatient

927

hospice facility, or a nursing home facility licensed by the

928

Agency for Health Care Administration, for which a building

929

permit is issued for new construction on or after July 1, 2008,

930

and having a fossil-fuel-burning heater or appliance, a

931

fireplace, or an attached garage shall have an approved

932

operational carbon monoxide alarm installed within 10 feet of

933

each room used for sleeping purposes. For a new hospital, an

934

inpatient hospice facility, or a nursing home facility licensed

935

by the Agency for Health Care Administration, an approved

936

operational carbon monoxide detector shall be installed inside or

937

directly outside of each room or area within the hospital or

938

facility were a fossil-fuel burning heater, engine, or appliance

939

is located. This detector shall be connected to the fire-alarm

940

system of the hospital or facility as a supervisory signal.

941

Section 18. Section 553.886, Florida Statutes, is created

942

to read:

943

553.886 Energy-efficiency technologies.--The provisions of

944

the Florida Building Code must facilitate and promote the use of

945

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

946

renewable energy technologies in buildings.

947

Section 19. Section 553.901, Florida Statutes, is amended

948

to read:

949

553.901 Purpose of thermal efficiency code.--The Department

950

of Community Affairs shall prepare a thermal efficiency code to

951

provide for a statewide uniform standard for energy efficiency in

952

the thermal design and operation of all buildings statewide,

953

consistent with energy conservation goals, and to best provide

954

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

955

Building Commission shall adopt the Florida Energy Efficiency

956

Code for Building Construction within the Florida Building Code,

957

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

958

implement the provisions of this thermal efficiency code and

959

amendments thereto, in accordance with the procedures of chapter

960

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

961

most cost-effective energy-saving equipment and techniques

962

available and report its determinations to the commission, which

963

shall update the code to incorporate such equipment and

964

techniques. The proposed changes shall be made available for

965

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

966

implementation. Before initiating rulemaking for amendments to

967

the Florida Energy Efficiency Code for Building Construction, the

968

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

969

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

970

the criteria and measures to be used by the commission to

971

evaluate proposed amendments shall be construed to mean cost-

972

effective to the consumer.

973

Section 20. Section 553.9061, Florida Statutes, is created

974

to read:

975

553.9061 Scheduled increases in thermal efficiency

976

standards.--

977

(1) This section establishes a schedule of required

978

increases in the energy-efficiency performance of buildings that

979

are subject to the requirements for energy efficiency as

980

contained in the current edition of the Florida Building Code.

981

The Florida Building Commission shall implement the following

982

energy-efficiency goals using the triennial code-adoption process

983

established for updates to the Florida Building Code in s.

984

553.73:

985

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

986

Building Code to increase the energy-efficiency performance of

987

new buildings by at least 20 percent as compared to the

988

performance achieved as a result of the implementation of the

989

energy-efficiency provisions contained in the 2004 edition of the

990

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

991

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

992

Building Code to increase the energy-efficiency performance of

993

new buildings by at least 30 percent as compared to the

994

performance achieved as a result of the implementation of the

995

energy-efficiency provisions contained in the 2004 edition of the

996

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

997

998

Building Code to increase the energy-efficiency performance of

999

new buildings by at least 40 percent as compared to the

1000

performance achieved as a result of the implementation of the

1001

energy-efficiency provisions contained in the 2004 edition of the

1002

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

1003

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

1004

Building Code to increase the energy-efficiency performance of

1005

new buildings by at least 50 percent as compared to the

1006

performance achieved as a result of the implementation of the

1007

energy-efficiency provisions contained in the 2004 edition of the

1008

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

1009

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

1010

compliance documentation the specific building options and

1011

elements available to meet the energy-efficiency performance

1012

requirements under subsection (1). Energy-efficiency performance

1013

options and elements include, but are not limited to:

1014

(a) Solar water heating;

1015

(b) Energy-efficient appliances;

1016

1017

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

1018

(e) Enhanced ceiling and wall insulation;

1019

(f) Reduced-leak duct systems;

1020

(g) Programmable thermostats; and

1021

(h) Energy-efficient lighting systems.

1022

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

1023

efficiency goals established in subsection (1) at least once

1024

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

1025

triennial code-adoption process established in s. 553.73.

1026

Section 21. (1) The Florida Building Commission shall

1027

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

1028

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

1029

current energy-efficiency ratings and consumer labeling

1030

requirements specified in chapter 553, Florida Statutes. The

1031

commission shall submit a written report of its study to the

1032

President of the Senate and the Speaker of the House of

1033

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

1034

contain the commission's recommendations regarding the

1035

strengthening and integration of energy-efficiency ratings and

1036

labeling requirements.

1037

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

1038

Section 22. (1) The Florida Building Commission shall

1039

conduct a study to evaluate opportunities to restructure the

1040

Florida Energy Efficiency Code for Building Construction to

1041

achieve long-range improvements to building energy performance.

1042

During such study, the commission shall address the integration

1043

of the Thermal Efficiency Code established in part V of chapter

1044

553, Florida Statutes, the Energy Conservation Standards Act

1045

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

1046

Florida Building Energy-Efficiency Rating Act established in part

1047

VIII of chapter 553, Florida Statutes.

1048

(2) The commission shall submit a report containing

1049

specific recommendations on the integration of the code and acts

1050

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

1051

the Speaker of the House of Representatives on or before February

1052

1, 2009.

1053

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

1054

Section 23. (1) The Department of Community Affairs, in

1055

conjunction with the Florida Energy Affordability Coalition,

1056

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

1057

Energy Assistance Program and the Weatherization Assistance

1058

Program, and identify recommendations that:

1059

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

1060

(b) Maximize available financial and energy-conservation

1061

assistance;

1062

1063

assistance; and

1064

(d) Educate customers to make informed decisions regarding

1065

energy use and conservation.

1066

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

1067

report its findings and any recommended statutory changes

1068

required to implement such findings to the President of the

1069

Senate and the Speaker of the House of Representatives.

1070

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

1071

Section 24. Section 553.731, Florida Statutes, is repealed.

1072

Section 25. The repeal of s. 553.731, Florida Statutes, by

1073

this act, does not diminish or authorize changes that diminish

1074

the provisions of the Florida Building Code relating to wind

1075

resistance or water intrusion which were adopted pursuant to

1076

chapter 2007-1, Laws of Florida.

1077

Section 26. Subparagraph 6. of paragraph (a) of subsection

1078

(6) of s. 627.351, Florida Statutes, is repealed.

1079

Section 27. Subsection (6) is added to section 718.113,

1080

Florida Statutes, to read:

1081

718.113 Maintenance; limitation upon improvement; display

1082

of flag; hurricane shutters.--

1083

(6) Notwithstanding the provisions of this section or the

1084

governing documents of a condominium or a multicondominium

1085

association, the board of administration may, without any

1086

requirement for approval of the unit owners, install upon or

1087

within the common elements or association property solar

1088

collectors, clotheslines, or other energy-efficient devices based

1089

on renewable resources for the benefit of the unit owners.

1090

Section 28. The Florida Building Commission shall submit

1091

the text of the rule required by section 19 of this act to the

1092

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

1093

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

1094

Section 29. This act shall take effect July 1, 2008.

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