CS/HB 697

1	A bill to be entitled
2	An act relating to building code standards; amending s.
3	163.04, F.S.; revising provisions authorizing the use of
4	solar collectors and other energy devices; amending s.
5	163.3177, F.S.; revising requirements for the future land
6	use element of a local comprehensive plan to include
7	energy-efficient land use patterns and greenhouse gas
8	reduction strategies; requiring that the traffic-
9	circulation element of a local comprehensive plan
10	incorporate transportation strategies to reduce greenhouse
11	gas emissions; requiring that the land use map or map
12	series contained in the future land use element of a local
13	comprehensive plan identify and depict energy
14	conservation; requiring that the home element of a local
15	comprehensive plan include energy efficiency in the design
16	and construction of new housing and use of renewable
17	energy resources; providing that certain counties may not
18	receive state affordable housing funds under certain
19	circumstances; requiring each unit of local government
20	within an urbanized area to amend the transportation
21	element of a local comprehensive plan to incorporate
22	transportation strategies addressing reduction in
23	greenhouse gas emissions; amending s. 377.806, F.S.;
24	revising eligibility requirements for rebates under the
25	Solar Energy System Incentives Program; amending s.
26	489.105, F.S.; expanding the scope of the definition of
27	"roofing contractor" to include contractors performing
28	required roof-deck attachments and any repair or
29	replacement of wood roof sheathing or fascia as needed
30	during roof repair or replacement; amending s. 553.36,
31	F.S.; redefining the term "manufactured building" for
32	purposes of the Florida Manufactured Building Act to
33	include modular and factory-built buildings; amending s.
34	553.37, F.S.; requiring the Department of Community
35	Affairs to adopt rules related to the inspection,
36	construction, and modification of manufactured buildings;
37	requiring the department to develop an insignia to be
38	affixed to newly constructed manufactured buildings;
39	authorizing the department to charge a fee for the
40	insignia; providing requirements for the insignia;
41	requiring the department to develop minimum criteria for a
42	manufacturer's data plate; amending s. 553.381, F.S.;
43	conforming provisions; amending s. 553.415, F.S.;
44	requiring the department to require that an insignia be
45	affixed to all newly constructed factory-built school
46	buildings; providing requirements for the manufacturer's
47	data plate; amending s. 553.71, F.S.; providing a
48	definition; amending s. 553.73, F.S.; expanding required
49	codes to be included in Florida Building Code updates;
50	expanding the list of reasons the commission may amend the
51	Florida Building Code; providing requirements for the
52	retroactive application of parts of the Florida Building
53	Code to commercial wireless communications towers;
54	amending s. 553.74, F.S.; revising requirements for
55	selecting members of the Florida Building Commission;
56	revising membership of the commission; deleting obsolete
57	provisions; amending s. 553.75, F.S.; authorizing the
58	Florida Building Commission to use communications media
59	technology in conducting its meetings or meetings held in
60	conjunction with commission meetings; providing for public
61	comment at meetings of the commission; amending s. 553.77,
62	F.S.; authorizing the commission to implement
63	recommendations relating to energy efficiency in
64	residential and commercial buildings; amending s. 553.775,
65	F.S.; authorizing the commission to render declaratory
66	statements; amending s. 553.80, F.S.; providing that the
67	enforcement of construction regulations relating to secure
68	mental health treatment facilities under the jurisdiction
69	of the Department of Children and Family Services shall be
70	enforced exclusively by the department in conjunction with
71	the review authority of the Agency for Health Care
72	Administration; requiring that the basis for a fee
73	structure for allowable activities include consideration
74	for refunding fees due to reduced services based on
75	certain services; amending s. 553.842, F.S.; requiring the
76	commission to review the list of product evaluation
77	entities; providing reporting requirements; providing for
78	rulemaking; designating an entity as an approved
79	production evaluation entity until October 1, 2009;
80	providing criteria for substitution of approved products
81	under certain conditions; providing for the expiration of
82	certain product approvals; amending s. 553.844, F.S.;
83	revising provisions requiring the adoption of certain
84	mitigation techniques by the Florida Building Commission
85	within the Florida Building Code for certain structures;
86	amending s. 553.885, F.S.; requiring the installation of
87	carbon monoxide detectors in certain new hospitals,
88	hospice and nursing homes facilities; creating s. 553.886,
89	F.S.; requiring that the Florida Building Code facilitate
90	and promote the use of certain renewable energy
91	technologies in buildings; creating s. 553.9061, F.S.;
92	establishing a schedule of required increases in the
93	energy performance of buildings subject to the Florida
94	Building Code; providing a process for implementing goals
95	to increase energy-efficiency performance in new
96	buildings; providing a schedule for the implementation of
97	such goals; identifying energy-efficiency performance
98	options and elements available to meet energy-efficiency
99	performance requirements; requiring the commission to
100	adopt by rule a definition of the term "cost-effectiveness
101	test"; providing that the commission implement a cost-
102	effectiveness test; providing requirements for the test;
103	directing the Department of Community Affairs, in
104	conjunction with the Florida Energy Affordability Council,
105	to identify and review issues relating to the Low-Income
106	Home Energy Assistance Program and the Weatherization
107	Assistance Program; requiring the submission of a report
108	to the President of the Senate and the Speaker of the
109	House of Representatives on or before a specified date;
110	providing for the expiration of certain study
111	requirements; repealing s. 553.731, F.S., relating to
112	wind-borne debris protection requirements; providing for
113	construction and interpretation of the repeal; repealing
114	s. 627.351(6)(a)6., F.S.; providing requirements for
115	certain properties to meet building code plus requirements
116	as a condition of eligibility for coverage by Citizens
117	Property Insurance Corporation; amending s. 336.41, F.S.;
118	providing that a county, municipality, or special district
119	may not own or operate an asphalt plant or a portable or
120	stationary concrete batch plant having an independent
121	mixer; amending s. 718.113, F.S.; authorizing the board of
122	a condominium or a multicondominium to install solar
123	collectors, clotheslines, or other energy-efficient
124	devices on association property; requiring the Florida
125	Building Commission to include certain information in its
126	report to the Legislature; providing an effective date.
127
128	Be It Enacted by the Legislature of the State of Florida:
129
130	Section 1.  Subsection (2) of section 163.04, Florida
131	Statutes, is amended to read:
132	163.04  Energy devices based on renewable resources.--
133	(2)  A deed restriction, covenant, declaration, or similar
134	binding agreement may not No deed restrictions, covenants, or
135	similar binding agreements running with the land shall prohibit
136	or have the effect of prohibiting solar collectors,
137	clotheslines, or other energy devices based on renewable
138	resources from being installed on buildings erected on the lots
139	or parcels covered by the deed restriction, covenant,
140	declaration, or binding agreement restrictions, covenants, or
141	binding agreements. A property owner may not be denied
142	permission to install solar collectors or other energy devices
143	based on renewable resources by any entity granted the power or
144	right in any deed restriction, covenant, declaration, or similar
145	binding agreement to approve, forbid, control, or direct
146	alteration of property with respect to residential dwellings and
147	within the boundaries of a condominium unit not exceeding three
148	stories in height. For purposes of this subsection, Such entity
149	may determine the specific location where solar collectors may
150	be installed on the roof within an orientation to the south or
151	within 45° east or west of due south if provided that such
152	determination does not impair the effective operation of the
153	solar collectors.
154	Section 2.  Paragraphs (a), (b), (d), (f), and (j) of
155	subsection (6) of section 163.3177, Florida Statutes, are
156	amended to read:
157	163.3177  Required and optional elements of comprehensive
158	plan; studies and surveys.--
159	(6)  In addition to the requirements of subsections (1)-(5)
160	and (12), the comprehensive plan shall include the following
161	elements:
162	(a)  A future land use plan element designating proposed
163	future general distribution, location, and extent of the uses of
164	land for residential uses, commercial uses, industry,
165	agriculture, recreation, conservation, education, public
166	buildings and grounds, other public facilities, and other
167	categories of the public and private uses of land. Counties are
168	encouraged to designate rural land stewardship areas, pursuant
169	to the provisions of paragraph (11)(d), as overlays on the
170	future land use map. Each future land use category must be
171	defined in terms of uses included, and must include standards to
172	be followed in the control and distribution of population
173	densities and building and structure intensities. The proposed
174	distribution, location, and extent of the various categories of
175	land use shall be shown on a land use map or map series which
176	shall be supplemented by goals, policies, and measurable
177	objectives. The future land use plan shall be based upon
178	surveys, studies, and data regarding the area, including the
179	amount of land required to accommodate anticipated growth; the
180	projected population of the area; the character of undeveloped
181	land; the availability of water supplies, public facilities, and
182	services; the need for redevelopment, including the renewal of
183	blighted areas and the elimination of nonconforming uses which
184	are inconsistent with the character of the community; the
185	compatibility of uses on lands adjacent to or closely proximate
186	to military installations; the discouragement of urban sprawl;
187	energy-efficient land use patterns accounting for existing and
188	future electric power generation and transmission systems;
189	greenhouse gas reduction strategies; and, in rural communities,
190	the need for job creation, capital investment, and economic
191	development that will strengthen and diversify the community's
192	economy. The future land use plan may designate areas for future
193	planned development use involving combinations of types of uses
194	for which special regulations may be necessary to ensure
195	development in accord with the principles and standards of the
196	comprehensive plan and this act. The future land use plan
197	element shall include criteria to be used to achieve the
198	compatibility of adjacent or closely proximate lands with
199	military installations. In addition, for rural communities, the
200	amount of land designated for future planned industrial use
201	shall be based upon surveys and studies that reflect the need
202	for job creation, capital investment, and the necessity to
203	strengthen and diversify the local economies, and shall not be
204	limited solely by the projected population of the rural
205	community. The future land use plan of a county may also
206	designate areas for possible future municipal incorporation. The
207	land use maps or map series shall generally identify and depict
208	historic district boundaries and shall designate historically
209	significant properties meriting protection. For coastal
210	counties, the future land use element must include, without
211	limitation, regulatory incentives and criteria that encourage
212	the preservation of recreational and commercial working
213	waterfronts as defined in s. 342.07. The future land use element
214	must clearly identify the land use categories in which public
215	schools are an allowable use. When delineating the land use
216	categories in which public schools are an allowable use, a local
217	government shall include in the categories sufficient land
218	proximate to residential development to meet the projected needs
219	for schools in coordination with public school boards and may
220	establish differing criteria for schools of different type or
221	size. Each local government shall include lands contiguous to
222	existing school sites, to the maximum extent possible, within
223	the land use categories in which public schools are an allowable
224	use. The failure by a local government to comply with these
225	school siting requirements will result in the prohibition of the
226	local government's ability to amend the local comprehensive
227	plan, except for plan amendments described in s. 163.3187(1)(b),
228	until the school siting requirements are met. Amendments
229	proposed by a local government for purposes of identifying the
230	land use categories in which public schools are an allowable use
231	are exempt from the limitation on the frequency of plan
232	amendments contained in s. 163.3187. The future land use element
233	shall include criteria that encourage the location of schools
234	proximate to urban residential areas to the extent possible and
235	shall require that the local government seek to collocate public
236	facilities, such as parks, libraries, and community centers,
237	with schools to the extent possible and to encourage the use of
238	elementary schools as focal points for neighborhoods. For
239	schools serving predominantly rural counties, defined as a
240	county with a population of 100,000 or fewer, an agricultural
241	land use category shall be eligible for the location of public
242	school facilities if the local comprehensive plan contains
243	school siting criteria and the location is consistent with such
244	criteria. Local governments required to update or amend their
245	comprehensive plan to include criteria and address compatibility
246	of adjacent or closely proximate lands with existing military
247	installations in their future land use plan element shall
248	transmit the update or amendment to the department by June 30,
249	2006.
250	(b)  A traffic circulation element consisting of the types,
251	locations, and extent of existing and proposed major
252	thoroughfares and transportation routes, including bicycle and
253	pedestrian ways. Transportation corridors, as defined in s.
254	334.03, may be designated in the traffic circulation element
255	pursuant to s. 337.273. If the transportation corridors are
256	designated, the local government may adopt a transportation
257	corridor management ordinance. The traffic circulation element
258	shall incorporate transportation strategies to address reduction
259	in greenhouse gas emissions from the transportation sector.
260	(d)  A conservation element for the conservation, use, and
261	protection of natural resources in the area, including air,
262	water, water recharge areas, wetlands, waterwells, estuarine
263	marshes, soils, beaches, shores, flood plains, rivers, bays,
264	lakes, harbors, forests, fisheries and wildlife, marine habitat,
265	minerals, and other natural and environmental resources,
266	including factors that affect energy conservation. Local
267	governments shall assess their current, as well as projected,
268	water needs and sources for at least a 10-year period,
269	considering the appropriate regional water supply plan approved
270	pursuant to s. 373.0361, or, in the absence of an approved
271	regional water supply plan, the district water management plan
272	approved pursuant to s. 373.036(2). This information shall be
273	submitted to the appropriate agencies. The land use map or map
274	series contained in the future land use element shall generally
275	identify and depict the following:
276	1.  Existing and planned waterwells and cones of influence
277	where applicable.
278	2.  Beaches and shores, including estuarine systems.
279	3.  Rivers, bays, lakes, flood plains, and harbors.
280	4.  Wetlands.
281	5.  Minerals and soils.
282	6.  Energy conservation.
283
284	The land uses identified on such maps shall be consistent with
285	applicable state law and rules.
286	(f)1.  A housing element consisting of standards, plans,
287	and principles to be followed in:
288	a.  The provision of housing for all current and
289	anticipated future residents of the jurisdiction.
290	b.  The elimination of substandard dwelling conditions.
291	c.  The structural and aesthetic improvement of existing
292	housing.
293	d.  The provision of adequate sites for future housing,
294	including affordable workforce housing as defined in s.
295	380.0651(3)(j), housing for low-income, very low-income, and
296	moderate-income families, mobile homes, and group home
297	facilities and foster care facilities, with supporting
298	infrastructure and public facilities.
299	e.  Provision for relocation housing and identification of
300	historically significant and other housing for purposes of
301	conservation, rehabilitation, or replacement.
302	f.  The formulation of housing implementation programs.
303	g.  The creation or preservation of affordable housing to
304	minimize the need for additional local services and avoid the
305	concentration of affordable housing units only in specific areas
306	of the jurisdiction.
307	h.  Energy efficiency in the design and construction of new
308	housing.
309	i.  Use of renewable energy resources.
310	j. h. By July 1, 2008, Each county in which the gap between
311	the buying power of a family of four and the median county home
312	sale price exceeds $170,000, as determined by the Florida
313	Housing Finance Corporation, and which is not designated as an
314	area of critical state concern shall adopt a plan for ensuring
315	affordable workforce housing. At a minimum, the plan shall
316	identify adequate sites for such housing. For purposes of this
317	sub-subparagraph, the term "workforce housing" means housing
318	that is affordable to natural persons or families whose total
319	household income does not exceed 140 percent of the area median
320	income, adjusted for household size.
321	k.  As a precondition to receiving any state affordable
322	housing funding or allocation for any project or program within
323	the jurisdiction of a county that is subject to sub-subparagraph
324	j., a county must, by July 1 of each year, provide certification
325	that the county has complied with the requirements of sub-
326	subparagraph j.
327	i. Failure by a local government to comply with the
328	requirement in sub-subparagraph h. will result in the local
329	government being ineligible to receive any state housing
330	assistance grants until the requirement of sub-subparagraph h.
331	is met.
332
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
339	utilize job training, job creation, and economic solutions to
340	address a 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
347	appraisal reports required by s. 163.3191. Each local government
348	shall utilize the data and analysis from the needs assessment as
349	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
352	established by the agency by rule.
353	(j)  For each unit of local government within an urbanized
354	area designated for purposes of s. 339.175, a transportation
355	element, which shall be prepared and adopted in lieu of the
356	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
357	and (d) and which shall address the following issues:
358	1.  Traffic circulation, including major thoroughfares and
359	other routes, including bicycle and pedestrian ways.
360	2.  All alternative modes of travel, such as public
361	transportation, pedestrian, and bicycle travel.
362	3.  Parking facilities.
363	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
375	transportation corridors so as to encourage population densities
376	sufficient to support such systems.
377	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.
382	10.  The incorporation of transportation strategies to
383	address reduction in greenhouse gas emissions from the
384	transportation sector.
385
386	Section 3.  Paragraph (a) of subsection (3) of section
387	377.806, Florida Statutes, is amended to read:
388	377.806  Solar Energy System Incentives Program.--
389	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
390	(a)  Eligibility requirements.--A solar thermal system
391	qualifies for a rebate if:
392	1.  The system is installed by a state-licensed solar or
393	plumbing contractor or a roofing contractor installing standing
394	seam hybrid thermal roofs.
395	2.  The system complies with all applicable building codes
396	as defined by the local jurisdictional authority.
397	Section 4.  Paragraph (e) of subsection (3) of section
398	489.105, Florida Statutes, is amended to read:
399	489.105  Definitions.--As used in this part:
400	(3)  "Contractor" means the person who is qualified for,
401	and shall only be responsible for, the project contracted for
402	and means, except as exempted in this part, the person who, for
403	compensation, undertakes to, submits a bid to, or does himself
404	or herself or by others construct, repair, alter, remodel, add
405	to, demolish, subtract from, or improve any building or
406	structure, including related improvements to real estate, for
407	others or for resale to others; and whose job scope is
408	substantially similar to the job scope described in one of the
409	subsequent paragraphs of this subsection. For the purposes of
410	regulation under this part, "demolish" applies only to
411	demolition of steel tanks over 50 feet in height; towers over 50
412	feet in height; other structures over 50 feet in height, other
413	than buildings or residences over three stories tall; and
414	buildings or residences over three stories tall. Contractors are
415	subdivided into two divisions, Division I, consisting of those
416	contractors defined in paragraphs (a)-(c), and Division II,
417	consisting of those contractors defined in paragraphs (d)-(q):
418	(e)  "Roofing contractor" means a contractor whose services
419	are unlimited in the roofing trade and who has the experience,
420	knowledge, and skill to install, maintain, repair, alter,
421	extend, or design, when not prohibited by law, and use materials
422	and items used in the installation, maintenance, extension, and
423	alteration of all kinds of roofing, waterproofing, and coating,
424	except when coating is not represented to protect, repair,
425	waterproof, stop leaks, or extend the life of the roof. The
426	scope of work of a roofing contractor also includes required
427	roof-deck attachments and any repair or replacement of wood roof
428	sheathing or fascia as needed during roof repair or replacement.
429	Section 5.  Subsection (13) of section 553.36, Florida
430	Statutes, is amended to read:
431	553.36  Definitions.--The definitions contained in this
432	section govern the construction of this part unless the context
433	otherwise requires.
434	(13)  "Manufactured building", "modular building," or
435	"factory-built building" means a closed structure, building
436	assembly, or system of subassemblies, which may include
437	structural, electrical, plumbing, heating, ventilating, or other
438	service systems manufactured in manufacturing facilities for
439	installation or erection as a finished building or as part of a
440	finished building, which shall include, but not be limited to,
441	residential, commercial, institutional, storage, and industrial
442	structures. The term includes buildings not intended for human
443	habitation such as lawn storage buildings and storage sheds
444	manufactured and assembled offsite by a manufacturer certified
445	in conformance with this part. This part does not apply to
446	mobile homes.
447	Section 6.  Section 553.37, Florida Statutes, is amended to
448	read:
449	553.37  Rules; inspections; and insignia.--
450	(1)  The Florida Building Commission shall adopt within the
451	Florida Building Code requirements for construction or
452	modification of manufactured buildings and building modules, to
453	address:
454	(a)  Submittal to and approval by the department of
455	manufacturers' drawings and specifications, including any
456	amendments.
457	(b)  Submittal to and approval by the department of
458	manufacturers' internal quality control procedures and manuals,
459	including any amendments.
460	(c)  Minimum inspection criteria. Procedures and
461	qualifications for approval of third-party plan review and
462	inspection entities and of those who perform inspections and
463	plan reviews.
464	(2)  The department shall adopt rules to address:
465	(a)  Procedures and qualifications for approval of third-
466	party plan review and inspection agencies and of those who
467	perform inspections and plan reviews.
468	(b)(d)  Investigation of consumer complaints of
469	noncompliance of manufactured buildings with the Florida
470	Building Code and the Florida Fire Prevention Code.
471	(c)(e)  Issuance, cancellation, and revocation of any
472	insignia issued by the department and procedures for auditing
473	and accounting for disposition of them.
474	(d)(f)  Monitoring the manufacturers', inspection agencies'
475	entities', and plan review agencies' entities' compliance with
476	this part and the Florida Building Code. Monitoring may include,
477	but is not limited to, performing audits of plans, inspections
478	of manufacturing facilities and observation of the manufacturing
479	and inspection process, and onsite inspections of buildings.
480	(e)(g)  The performance by the department of any other
481	functions required by this part.
482	(3)(2)  After the effective date of the Florida Building
483	Code, no manufactured building, except as provided in subsection
484	(12) (11), may be installed in this state unless it is approved
485	and bears the insignia of approval of the department and a
486	manufacturer's data plate. Approvals issued by the department
487	under the provisions of the prior part shall be deemed to comply
488	with the requirements of this part.
489	(4)(3)  All manufactured buildings issued and bearing
490	insignia of approval pursuant to subsection (3) (2) shall be
491	deemed to comply with the Florida Building Code and are exempt
492	from local amendments enacted by any local government.
493	(5)(4)  No manufactured building bearing department
494	insignia of approval pursuant to subsection (3) (2) shall be in
495	any way modified prior to installation, except in conformance
496	with the Florida Building Code.
497	(6)(5)  Manufactured buildings which have been issued and
498	bear the insignia of approval pursuant to this part upon
499	manufacture or first sale shall not require an additional
500	approval or insignia by a local government in which they are
501	subsequently sold or installed. Buildings or structures that
502	meet the definition of "open construction" are subject to
503	permitting by the local jurisdiction and are not required to
504	bear insignia.
505	(7)(6)  If the department Florida Building Commission
506	determines that the standards for construction and inspection of
507	manufactured buildings prescribed by statute or rule of another
508	state are at least equal to the Florida Building Code and that
509	such standards are actually enforced by such other state, it may
510	provide by rule that the manufactured building which has been
511	inspected and approved by such other state shall be deemed to
512	have been approved by the department and shall authorize the
513	affixing of the appropriate insignia of approval.
514	(8)(7)  The department Florida Building Commission, by
515	rule, shall establish a schedule of fees to pay the cost of
516	incurred by the department for the work related to
517	administration and enforcement of this part.
518	(9)(8)  The department may delegate its enforcement
519	authority to a state department having building construction
520	responsibilities or a local government. The department may
521	delegate its plan review and inspection authority to one or more
522	of the following in any combination:
523	(a)  A state department having building construction
524	responsibilities;,
525	(b)  A local government;,
526	(c)  An approved inspection agency;,
527	(d)  An approved plan review agency;, or
528	(e)  An agency of another state.
529	(9)  If the commission delegates its inspection authority
530	to third-party approved inspection agencies, manufacturers must
531	have one, and only one, inspection agency responsible for
532	inspection of a manufactured building, module, or component at
533	all times.
534	(10)  The department shall develop an insignia to be
535	affixed to all newly constructed buildings by the manufacturer
536	or the inspection agency prior to the building leaving the
537	plant. The department may charge a fee for issuing such
538	insignias. Such insignias shall bear the department's name, the
539	state seal, an identification number unique to that insignia,
540	and such other information as the department may require by
541	rule. If the commission delegates its inspection authority to
542	third-party approved plan review agencies, manufacturers must
543	have one, and only one, plan review agency responsible for
544	review of plans of a manufactured building, module, or component
545	at all times.
546	(11)  The department shall by rule develop minimum criteria
547	for manufacturer's data that must be affixed to all newly
548	constructed buildings by the manufacturer prior to the building
549	leaving the plant. Custom or one-of-a-kind prototype
550	manufactured buildings shall not be required to have state
551	approval but must comply with all local requirements of the
552	governmental agency having jurisdiction at the installation
553	site.
554	Section 7.  Subsections (1) and (3) of section 553.381,
555	Florida Statutes, are amended to read:
556	553.381  Manufacturer certification.--
557	(1)  Before manufacturing buildings to be located within
558	this state or selling manufactured buildings within this state,
559	whichever occurs later, a manufacturer must be certified by the
560	department. The department shall certify a manufacturer upon
561	receipt from the manufacturer and approval and verification by
562	the department of the following:
563	(a)  The manufacturer's internal quality control procedures
564	and manuals, including any amendments;
565	(b)  Evidence that the manufacturer has product liability
566	insurance for the safety and welfare of the public in amounts
567	determined by rule of the department commission; and
568	(c)  The fee established by the department commission under
569	s. 553.37(8) s. 553.37(7).
570	(3)  Certification of manufacturers under this section
571	shall be for a period of 3 years, subject to renewal by the
572	manufacturer. Upon application for renewal, the manufacturer
573	must submit the information described in subsection (1) or a
574	sworn statement that there has been no change in the status or
575	content of that information since the manufacturer's last
576	submittal. Fees for renewal of manufacturers' certification
577	shall be established by the department commission by rule.
578	Section 8.  Subsections (11) and (12) of section 553.415,
579	Florida Statutes, are amended to read:
580	553.415  Factory-built school buildings.--
581	(11)  The department shall require that an insignia bearing
582	the department's name and state seal and a manufacturer's data
583	plate develop a unique identification label to be affixed to all
584	newly constructed factory-built school buildings and existing
585	factory-built school buildings which have been brought into
586	compliance with the standards for existing "satisfactory"
587	buildings pursuant to chapter 5 of the Uniform Code for Public
588	Educational Facilities, and after March 1, 2002, the Florida
589	Building Code. The department may charge a fee for issuing such
590	insignias labels. The manufacturer's data plate Such labels,
591	bearing the department's name and state seal, shall, at a
592	minimum, contain:
593	(a)  The name of the manufacturer.
594	(b)  The standard plan approval number or alteration
595	number.
596	(c)  The date of manufacture or alteration.
597	(d)  The serial or other identification number.
598	(e)  The following designed-for loads: lbs. per square foot
599	live load; lbs. per square foot floor live load; lbs. per square
600	foot horizontal wind load; and lbs. per square foot wind uplift
601	load.
602	(f)  The designed-for flood zone usage.
603	(g)  The designed-for wind zone usage.
604	(h)  The designed-for enhanced hurricane protection zone
605	usage: yes or no.
606	(12)  Such insignia and data plate identification label
607	shall be permanently affixed by the manufacturer in the case of
608	newly constructed factory-built school buildings, or by the
609	department or its designee in the case of an existing factory-
610	built building altered to comply with provisions of s. 1013.20.
611	Section 9.  Subsection (11) is added to section 553.71,
612	Florida Statutes, to read:
613	553.71  Definitions.--As used in this part, the term:
614	(11)  "Temporary" includes, but is not limited to,
615	buildings identified by, but not designated as permanent
616	structures on, an approved development order.
617	Section 10.  Paragraph (a) of subsection (6) and subsection
618	(7) of section 553.73, Florida Statutes, are amended, and
619	subsection (13) is added to that section, to read:
620	553.73  Florida Building Code.--
621	(6)(a)  The commission, by rule adopted pursuant to ss.
622	120.536(1) and 120.54, shall update the Florida Building Code
623	every 3 years. When updating the Florida Building Code, the
624	commission shall select the most current version of the
625	International Building Code, the International Fuel Gas Code,
626	the International Mechanical Code, the International Plumbing
627	Code, and the International Residential Code, all of which are
628	adopted by the International Code Council, and the National
629	Electrical Code, which is adopted by the National Fire
630	Protection Association, to form the foundation codes of the
631	updated Florida Building Code, if the version has been adopted
632	by the applicable model code entity and made available to the
633	public at least 6 months prior to its selection by the
634	commission. The commission shall select the most current version
635	of the International Energy Conservation Code (IECC) as a
636	foundation code; however, the IECC shall be modified by the
637	commission to maintain the efficiencies of the Florida Energy
638	Efficiency Code for Building Construction adopted and amended
639	pursuant to s. 553.901.
640	(7)  Notwithstanding the provisions of subsection (3) or
641	subsection (6), the commission may address issues identified in
642	this subsection by amending the code pursuant only to the rule
643	adoption procedures contained in chapter 120. Provisions of the
644	Florida Building Code, including those contained in referenced
645	standards and criteria, relating to wind resistance or the
646	prevention of water intrusion may not be amended pursuant to
647	this subsection to diminish those construction requirements;
648	however, the commission may, subject to conditions in this
649	subsection, amend the provisions to enhance those construction
650	requirements. Following the approval of any amendments to the
651	Florida Building Code by the commission and publication of the
652	amendments on the commission's website, authorities having
653	jurisdiction to enforce the Florida Building Code may enforce
654	the amendments. The commission may approve amendments that are
655	needed to address:
656	(a)  Conflicts within the updated code;
657	(b)  Conflicts between the updated code and the Florida
658	Fire Prevention Code adopted pursuant to chapter 633;
659	(c)  The omission of previously adopted Florida-specific
660	amendments to the updated code if such omission is not supported
661	by a specific recommendation of a technical advisory committee
662	or particular action by the commission;
663	(d)  Unintended results from the integration of previously
664	adopted Florida-specific amendments with the model code; or
665	(e)  Changes to federal or state law; or.
666	(f)  Adoption of an updated edition of the National
667	Electrical Code if the commission finds that delay of
668	implementing the updated edition causes undue hardship to
669	stakeholders or otherwise threatens the public health, safety,
670	and welfare.
671	(13)  The general provisions of the Florida Building Code
672	for buildings and other structures shall not apply to commercial
673	wireless communication towers when such general provisions are
674	inconsistent with the provisions of the code controlling radio
675	and television towers. This subsection is intended to be
676	remedial in nature and to clarify existing law.
677	Section 11.  Subsections (1) and (2) of section 553.74,
678	Florida Statutes, are amended to read:
679	553.74  Florida Building Commission.--
680	(1)  The Florida Building Commission is created and shall
681	be located within the Department of Community Affairs for
682	administrative purposes. Members shall be appointed by the
683	Governor subject to confirmation by the Senate. The commission
684	shall be composed of 25 23 members, consisting of the following:
685	(a)  One architect registered to practice in this state and
686	actively engaged in the profession. The American Institute of
687	Architects, Florida Section, is encouraged to recommend a list
688	of candidates for consideration.
689	(b)  One structural engineer registered to practice in this
690	state and actively engaged in the profession. The Florida
691	Engineering Society is encouraged to recommend a list of
692	candidates for consideration.
693	(c)  One air-conditioning or mechanical contractor
694	certified to do business in this state and actively engaged in
695	the profession. The Florida Air Conditioning Contractors
696	Association, the Florida Refrigeration and Air Conditioning
697	Contractors Association, and the Mechanical Contractors
698	Association of Florida are encouraged to recommend a list of
699	candidates for consideration.
700	(d)  One electrical contractor certified to do business in
701	this state and actively engaged in the profession. The Florida
702	Electrical Contractors Association and the National Electrical
703	Contractors Association, Florida Chapter, are encouraged to
704	recommend a list of candidates for consideration.
705	(e)  One member from fire protection engineering or
706	technology who is actively engaged in the profession. The
707	Florida Chapter of the Society of Fire Protection Engineers and
708	the Florida Fire Marshals and Inspectors Association are
709	encouraged to recommend a list of candidates for consideration.
710	(f)  One general contractor certified to do business in
711	this state and actively engaged in the profession. The
712	Associated Builders and Contractors of Florida, the Florida
713	Associated General Contractors Council, and the Union
714	Contractors Association are encouraged to recommend a list of
715	candidates for consideration.
716	(g)  One plumbing contractor licensed to do business in
717	this state and actively engaged in the profession. The Florida
718	Association of Plumbing, Heating, and Cooling Contractors is
719	encouraged to recommend a list of candidates for consideration.
720	(h)  One roofing or sheet metal contractor certified to do
721	business in this state and actively engaged in the profession.
722	The Florida Roofing, Sheet Metal, and Air Conditioning
723	Contractors Association and the Sheet Metal and Air Conditioning
724	Contractors National Association are encouraged to recommend a
725	list of candidates for consideration.
726	(i)  One residential contractor licensed to do business in
727	this state and actively engaged in the profession. The Florida
728	Home Builders Association is encouraged to recommend a list of
729	candidates for consideration.
730	(j)  Three members who are municipal or district codes
731	enforcement officials, one of whom is also a fire official. The
732	Building Officials Association of Florida and the Florida Fire
733	Marshals and Inspectors Association are encouraged to recommend
734	a list of candidates for consideration.
735	(k)  One member who represents the Department of Financial
736	Services.
737	(l)  One member who is a county codes enforcement official.
738	The Building Officials Association of Florida is encouraged to
739	recommend a list of candidates for consideration.
740	(m)  One member of a Florida-based organization of persons
741	with disabilities or a nationally chartered organization of
742	persons with disabilities with chapters in this state.
743	(n)  One member of the manufactured buildings industry who
744	is licensed to do business in this state and is actively engaged
745	in the industry. The Florida Manufactured Housing Association is
746	encouraged to recommend a list of candidates for consideration.
747	(o)  One mechanical or electrical engineer registered to
748	practice in this state and actively engaged in the profession.
749	The Florida Engineering Society is encouraged to recommend a
750	list of candidates for consideration.
751	(p)  One member who is a representative of a municipality
752	or a charter county. The Florida League of Cities and the
753	Florida Association of Counties are encouraged to recommend a
754	list of candidates for consideration.
755	(q)  One member of the building products manufacturing
756	industry who is authorized to do business in this state and is
757	actively engaged in the industry. The Florida Building Material
758	Association, the Florida Concrete and Products Association, and
759	the Fenestration Manufacturers Association are encouraged to
760	recommend a list of candidates for consideration.
761	(r)  One member who is a representative of the building
762	owners and managers industry who is actively engaged in
763	commercial building ownership or management. The Building Owners
764	and Managers Association is encouraged to recommend a list of
765	candidates for consideration.
766	(s)  One member who is a representative of the insurance
767	industry. The Florida Insurance Council is encouraged to
768	recommend a list of candidates for consideration.
769	(t)  One member who is a representative of public
770	education.
771	(u)  One member who is a swimming pool contractor licensed
772	to do business in this state and actively engaged in the
773	profession. The Florida Swimming Pool Association and the United
774	Pool and Spa Association are encouraged to recommend a list of
775	candidates for consideration shall be the chair.
776	(v)  One member who is a representative of the green
777	building industry and who is a third-party commission agent, a
778	Florida board member of the United States Green Building Council
779	or Green Building Initiative, or a LEED-accredited professional.
780	(w)  One member who shall be the chair.
781
782	Any person serving on the commission under paragraph (c) or
783	paragraph (h) on October 1, 2003, and who has served less than
784	two full terms is eligible for reappointment to the commission
785	regardless of whether he or she meets the new qualification.
786	(2)  All appointments shall be for terms of 4 years, except
787	that of the chair who shall serve at the pleasure of the
788	Governor. Each person who is a member of the Board of Building
789	Codes and Standards on the effective date of this act shall
790	serve the remainder of their term as a member of the Florida
791	Building Commission. Except for the chair, newly created
792	positions on the Florida Building Commission shall be appointed
793	after February 1, 1999. A vacancy shall be filled for the
794	remainder of the unexpired term. Any member who shall, during
795	his or her term, cease to meet the qualifications for original
796	appointment, through ceasing to be a practicing member of the
797	profession indicated or otherwise, shall thereby forfeit
798	membership on the commission.
799	Section 12.  Section 553.75, Florida Statutes, is amended
800	to read:
801	553.75  Organization of commission; rules and regulations;
802	meetings; staff; fiscal affairs; public comment.--
803	(1)  The commission shall meet on call of the secretary.
804	The commission shall annually elect from its appointive members
805	such officers as it may choose.
806	(2)  The commission shall meet at the call of its chair, at
807	the request of a majority of its membership, at the request of
808	the department, or at such times as may be prescribed by its
809	rules. The members shall be notified in writing of the time and
810	place of a regular or special meeting at least 7 days in advance
811	of the meeting. A majority of members of the commission shall
812	constitute a quorum.
813	(3)  The department shall be responsible for the provision
814	of administrative and staff support services relating to the
815	functions of the commission. With respect to matters within the
816	jurisdiction of the commission, the department shall be
817	responsible for the implementation and faithful discharge of all
818	decisions of the commission made pursuant to its authority under
819	the provisions of this part. The department is specifically
820	authorized to use communications media technology in conducting
821	meetings of the commission or any meetings held in conjunction
822	with meetings of the commission.
823	(4)  Meetings of the commission shall be conducted so as to
824	encourage participation by interested persons in attendance. At
825	a minimum, the commission shall provide one opportunity for
826	interested members of the public in attendance at a meeting to
827	comment on each proposed action of the commission before a final
828	vote is taken on any motion.
829	Section 13.  Present subsection (5) of section 553.77,
830	Florida Statutes, is renumbered as subsection (6), and a new
831	subsection (5) is added to that section, to read:
832	553.77  Specific powers of the commission.--
833	(5)  The commission may implement its recommendations
834	delivered pursuant to subsection (2) of section 48 of chapter
835	2007-73, Laws of Florida, by amending the Florida Energy
836	Efficiency Code for Building Construction as provided in s.
837	553.901.
838	Section 14.  Subsection (5) of section 553.775, Florida
839	Statutes, is amended to read:
840	553.775  Interpretations.--
841	(5)  The commission may render declaratory statements in
842	accordance with s. 120.565 relating to the provisions of the
843	Florida Accessibility Code for Building Construction not
844	attributable to the Americans with Disabilities Act
845	Accessibility Guidelines. Notwithstanding the other provisions
846	of this section, the Florida Accessibility Code for Building
847	Construction and chapter 11 of the Florida Building Code may not
848	be interpreted by, and are not subject to review under, any of
849	the procedures specified in this section. This subsection has no
850	effect upon the commission's authority to waive the Florida
851	Accessibility Code for Building Construction as provided by s.
852	553.512.
853	Section 15.  Paragraph (g) is added to subsection (1) of
854	section 553.80, Florida Statutes, and subsection (7) of that
855	section is amended, to read:
856	553.80  Enforcement.--
857	(1)  Except as provided in paragraphs (a)-(g) (a)-(f), each
858	local government and each legally constituted enforcement
859	district with statutory authority shall regulate building
860	construction and, where authorized in the state agency's
861	enabling legislation, each state agency shall enforce the
862	Florida Building Code required by this part on all public or
863	private buildings, structures, and facilities, unless such
864	responsibility has been delegated to another unit of government
865	pursuant to s. 553.79(9).
866	(g)  Construction regulations relating to secure mental
867	health treatment facilities under the jurisdiction of the
868	Department of Children and Family Services shall be enforced
869	exclusively by the department in conjunction with the Agency for
870	Health Care Administration's review authority under paragraph
871	(c).
872
873	The governing bodies of local governments may provide a schedule
874	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
875	section, for the enforcement of the provisions of this part.
876	Such fees shall be used solely for carrying out the local
877	government's responsibilities in enforcing the Florida Building
878	Code. The authority of state enforcing agencies to set fees for
879	enforcement shall be derived from authority existing on July 1,
880	1998. However, nothing contained in this subsection shall
881	operate to limit such agencies from adjusting their fee schedule
882	in conformance with existing authority.
883	(7)  The governing bodies of local governments may provide
884	a schedule of reasonable fees, as authorized by s. 125.56(2) or
885	s. 166.222 and this section, for enforcing this part. These
886	fees, and any fines or investment earnings related to the fees,
887	shall be used solely for carrying out the local government's
888	responsibilities in enforcing the Florida Building Code. When
889	providing a schedule of reasonable fees, the total estimated
890	annual revenue derived from fees, and the fines and investment
891	earnings related to the fees, may not exceed the total estimated
892	annual costs of allowable activities. Any unexpended balances
893	shall be carried forward to future years for allowable
894	activities or shall be refunded at the discretion of the local
895	government. The basis for a fee structure for allowable
896	activities shall relate to the level of service provided by the
897	local government and shall include consideration for refunding
898	fees due to reduced services based on services provided as
899	prescribed by s. 553.791, but not provided by the local
900	government. Fees charged shall be consistently applied.
901	(a)  As used in this subsection, the phrase "enforcing the
902	Florida Building Code" includes the direct costs and reasonable
903	indirect costs associated with review of building plans,
904	building inspections, reinspections, and building permit
905	processing; building code enforcement; and fire inspections
906	associated with new construction. The phrase may also include
907	training costs associated with the enforcement of the Florida
908	Building Code and enforcement action pertaining to unlicensed
909	contractor activity to the extent not funded by other user fees.
910	(b)  The following activities may not be funded with fees
911	adopted for enforcing the Florida Building Code:
912	1.  Planning and zoning or other general government
913	activities.
914	2.  Inspections of public buildings for a reduced fee or no
915	fee.
916	3.  Public information requests, community functions,
917	boards, and any program not directly related to enforcement of
918	the Florida Building Code.
919	4.  Enforcement and implementation of any other local
920	ordinance, excluding validly adopted local amendments to the
921	Florida Building Code and excluding any local ordinance directly
922	related to enforcing the Florida Building Code as defined in
923	paragraph (a).
924	(c)  A local government shall use recognized management,
925	accounting, and oversight practices to ensure that fees, fines,
926	and investment earnings generated under this subsection are
927	maintained and allocated or used solely for the purposes
928	described in paragraph (a).
929	Section 16.  Subsection (17) is added to section 553.842,
930	Florida Statutes, to read:
931	553.842  Product evaluation and approval.--
932	(17)(a)  The Florida Building Commission shall review the
933	list of evaluation entities in subsection (8) and, in the annual
934	report required under s. 553.77, shall either recommend
935	amendments to the list to add evaluation entities the commission
936	determines should be authorized to perform product evaluations
937	or shall report on the criteria adopted by rule or to be adopted
938	by rule allowing the commission to approve evaluation entities
939	that use the commission's product evaluation process. If the
940	commission adopts criteria by rule, the rulemaking process must
941	be completed by July 1, 2009.
942	(b)  Notwithstanding paragraph (8)(a), the International
943	Association of Plumbing and Mechanical Officials Evaluation
944	Services is approved as an evaluation entity until October 1,
945	2009. If the association does not obtain permanent approval by
946	the commission as an evaluation entity by October 1, 2009,
947	products approved on the basis of an association evaluation must
948	be substituted by an alternative, approved entity by December
949	31, 2009, and on January 1, 2010, any product approval issued by
950	the commission based on an association evaluation is void.
951	Section 17.  Paragraph (b) of subsection (2) of section
952	553.844, Florida Statutes, is amended to read:
953	553.844  Windstorm loss mitigation; requirements for roofs
954	and opening protection.--
955	(2)  The Florida Building Commission shall:
956	(b)  Develop and adopt within the Florida Building Code a
957	means to incorporate recognized mitigation techniques for site-
958	built, single-family residential structures constructed before
959	prior to the implementation of the Florida Building Code,
960	including, but not limited to:
961	1.  Prescriptive techniques for the installation of gable-
962	end bracing;
963	2.  Secondary water barriers for roofs and standards
964	relating to secondary water barriers. The criteria may include,
965	but need not be limited to, roof shape, slope, and composition
966	of all elements of the roof system. The criteria may not be
967	limited to one method or material for a secondary water barrier;
968	3.  Prescriptive techniques for improvement of roof-to-wall
969	connections. The Legislature recognizes that the cost of
970	retrofitting existing buildings to meet the code requirements
971	for new construction in this regard may exceed the practical
972	benefit to be attained. The Legislature intends for the
973	commission to provide for the integration of alternate, lower-
974	cost means that may be employed to retrofit existing buildings
975	that are not otherwise required to comply with the requirements
976	of the Florida Building Code for new construction so that the
977	cost of such improvements does not exceed approximately 15
978	percent of the cost of reroofing. Roof-to-wall connections shall
979	not be required unless evaluation and installation of
980	connections at gable ends or all corners can be completed for 15
981	percent of the cost of roof replacement. For houses that have
982	both hip and gable roof ends, the priority shall be to retrofit
983	the gable end roof-to-wall connections unless the width of the
984	hip is more than 1.5 times greater than the width of the gable
985	end. Priority shall be given to connecting the corners of roofs
986	to walls below the locations at which the spans of the roofing
987	members are greatest;
988	4.  Strengthening or correcting roof-decking attachments
989	and fasteners during reroofing; and
990	5.  Adding or strengthening opening protections.
991	Section 18.  Subsection (1) of section 553.885, Florida
992	Statutes, is amended to read:
993	553.885  Carbon monoxide alarm required.--
994	(1)  Every building, other than a hospital, an inpatient
995	hospice facility, or a nursing home facility licensed by the
996	Agency for Health Care Administration, for which a building
997	permit is issued for new construction on or after July 1, 2008,
998	and having a fossil-fuel-burning heater or appliance, a
999	fireplace, or an attached garage shall have an approved
1000	operational carbon monoxide alarm installed within 10 feet of
1001	each room used for sleeping purposes. For a new hospital, an
1002	inpatient hospice facility, or a nursing home facility licensed
1003	by the Agency for Health Care Administration, an approved
1004	operational carbon monoxide detector shall be installed inside
1005	or directly outside of each room or area within the hospital or
1006	facility were a fossil-fuel burning heater, engine, or appliance
1007	is located. This detector shall be connected to the fire-alarm
1008	system of the hospital or facility as a supervisory signal.
1009	Section 19.  Section 553.886, Florida Statutes, is created
1010	to read:
1011	553.886  Energy-efficiency technologies.--The provisions of
1012	the Florida Building Code must facilitate and promote the use of
1013	cost-effective energy conservation, energy-demand management,
1014	and renewable energy technologies in buildings.
1015	Section 20.  Section 553.9061, Florida Statutes, is created
1016	to read:
1017	553.9061  Scheduled increases in thermal efficiency
1018	standards.--
1019	(1)  The purpose of this section is to establish a schedule
1020	of increases in the energy performance of buildings subject to
1021	the Florida Energy Efficiency Code for Building Construction.
1022	The Florida Building Commission shall:
1023	(a)  Include the necessary provisions by the 2010 edition
1024	of the Florida Energy Efficiency Code for Building Construction
1025	to increase the energy performance of new buildings by at least
1026	20 percent as compared to the energy efficiency provisions of
1027	the 2007 Florida Building Code adopted October 31, 2007.
1028	(b)  Increase energy efficiency requirements by the 2013
1029	edition of the Florida Energy Efficiency Code for Building
1030	Construction by at least 30 percent as compared to the energy
1031	efficiency provisions of the 2007 Florida Building Code adopted
1032	October 31, 2007.
1033	(c)  Increase energy efficiency requirements by the 2016
1034	edition of the Florida Energy Efficiency Code for Building
1035	Construction by at least 40 percent as compared to the energy
1036	efficiency provisions of the 2007 Florida Building Code adopted
1037	October 31, 2007.
1038	(d)  Increase energy efficiency requirements by the 2019
1039	edition of the Florida Energy Efficiency Code for Building
1040	Construction by at least 50 percent as compared to the energy
1041	efficiency provisions of the 2007 Florida Building Code adopted
1042	October 31, 2007.
1043	(2)  The Florida Building Commission shall identify within
1044	code support and compliance documentation the specific building
1045	options and elements available to meet the energy performance
1046	goals established in subsection (1). Energy-efficiency
1047	performance options and elements include, but are not limited
1048	to:
1049	(a)  Solar water heating.
1050	(b)  Energy-efficient appliances.
1051	(c)  Energy-efficient windows, doors, and skylights.
1052	(d)  Low solar-absorption roofs, also known as "cool
1053	roofs."
1054	(e)  Enhanced ceiling and wall insulation.
1055	(f)  Reduced-leak duct systems.
1056	(g)  Programmable thermostats.
1057	(h)  Energy-efficient lighting systems.
1058	(3)  The Florida Building Commission shall, prior to
1059	implementing the goals established in subsection (1), adopt by
1060	rule and implement a cost-effectiveness test for proposed
1061	increases in energy efficiency. The cost-effectiveness test
1062	shall measure cost-effectiveness and shall ensure that energy
1063	efficiency increases result in a positive net financial impact.
1064	Section 21.  (1)  The Department of Community Affairs, in
1065	conjunction with the Florida Energy Affordability Coalition,
1066	shall identify and review issues relating to the Low-Income Home
1067	Energy Assistance Program and the Weatherization Assistance
1068	Program, and identify recommendations that:
1069	(a)  Support customer health, safety, and well-being;
1070	(b)  Maximize available financial and energy-conservation
1071	assistance;
1072	(c)  Improve the quality of service to customers seeking
1073	assistance; and
1074	(d)  Educate customers to make informed decisions regarding
1075	energy use and conservation.
1076	(2)  On or before January 1, 2009, the department shall
1077	report its findings and any recommended statutory changes
1078	required to implement such findings to the President of the
1079	Senate and the Speaker of the House of Representatives.
1080	(3)  The provisions of this section expire July 1, 2009.
1081	Section 22.  Section 553.731, Florida Statutes, is
1082	repealed.
1083	Section 23.  The repeal of s. 553.731, Florida Statutes, by
1084	this act, does not diminish or authorize changes that diminish
1085	the provisions of the Florida Building Code relating to wind
1086	resistance or water intrusion which were adopted pursuant to
1087	chapter 2007-1, Laws of Florida.
1088	Section 24.  Subparagraph 6. of paragraph (a) of subsection
1089	(6) of s. 627.351, Florida Statutes, is repealed.
1090	Section 25.  Subsections (3), and (4) of section 336.41,
1091	Florida Statutes, are renumbered as subsections (4), and (5),
1092	respectively, and a subsection (3) is added to that section, to
1093	read:
1094	336.41  Counties; employing labor and providing road
1095	equipment; accounting; when competitive bidding required.--
1096	(3)  Notwithstanding any law to the contrary, a county,
1097	municipality, or special district may not own or operate an
1098	asphalt plant or a portable or stationary concrete batch plant
1099	that has an independent mixer; however, this prohibition does
1100	not apply to any county that owns or is under contract to
1101	purchase an asphalt plant as of April 15, 2008, and that
1102	furnishes its plant-generated asphalt solely for use by local
1103	governments or companies under contract with local governments
1104	for projects within the boundaries of the county. Sale of plant-
1105	generated asphalt to private entities or local governments
1106	outside the boundaries of the county is prohibited.
1107	Section 26.  Subsection (6) is added to section 718.113,
1108	Florida Statutes, to read:
1109	718.113  Maintenance; limitation upon improvement; display
1110	of flag; hurricane shutters.--
1111	(6)  Notwithstanding the provisions of this section or the
1112	governing documents of a condominium or a multicondominium
1113	association, the board of administration may, without any
1114	requirement for approval of the unit owners, install upon or
1115	within the common elements or association property solar
1116	collectors, clotheslines, or other energy-efficient devices
1117	based on renewable resources for the benefit of the unit owners.
1118	Section 27.  The Florida Building Commission shall submit
1119	the text of the rule required by section 19 of this act to the
1120	Legislature in its report to the 2009-2010 Legislature, and
1121	shall provide an effective date for the rule by July 1, 2009.
1122	Section 28.  This act shall take effect July 1, 2008.

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