Florida Senate - 2017                                    SB 1312
       By Senator Perry
       8-01582A-17                                           20171312__
    1                        A bill to be entitled                      
    2         An act relating to construction; amending s. 377.705,
    3         F.S.; revising legislative findings and intent;
    4         defining the term “recognized certifying entity”;
    5         providing applicability of certain standards and
    6         criteria for solar energy systems manufactured or sold
    7         in the state; providing for solar energy systems
    8         manufactured or sold in the state to be certified
    9         pursuant to National Renewable Energy Laboratory
   10         standards; amending s. 553.721, F.S.; requiring the
   11         Department of Business and Professional Regulation to
   12         provide certain funds allocated to the University of
   13         Florida M. E. Rinker, Sr., School of Construction
   14         Management for specified purposes; amending s. 553.80,
   15         F.S.; prohibiting local enforcement agencies from
   16         charging certain fees; creating s. 553.9081, F.S.;
   17         requiring the Florida Building Commission to amend
   18         certain provisions of the Florida Building Code;
   19         amending s. 633.208, F.S.; prohibiting a county,
   20         municipality, special taxing district, public utility,
   21         or private utility from requiring a separate water
   22         connection or charging a specified water or sewage
   23         rate under certain conditions; prohibiting a local
   24         government from requiring a permit for painting a
   25         residence; requiring the Department of Education in
   26         conjunction with the Department of Economic
   27         Opportunity to create a study for specified purposes;
   28         requiring the Department of Education to submit the
   29         study to the Governor and the Legislature by a
   30         specified date; requiring CareerSource Florida, Inc.,
   31         to fund certain construction training programs;
   32         providing program requirements; providing an effective
   33         date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 377.705, Florida Statutes, is amended to
   38  read:
   39         377.705 Solar Energy Center; development of solar energy
   40  standards.—
   41         (1) SHORT TITLE.—This act shall be known and may be cited
   42  as the Solar Energy Standards Act of 1976.
   44         (a)Because of increases in the cost of conventional fuel,
   45  certain applications of solar energy are becoming competitive,
   46  particularly when life-cycle costs are considered. It is the
   47  intent of the Legislature in formulating a sound and balanced
   48  energy policy for the state to encourage the development of an
   49  alternative energy capability in the form of incident solar
   50  energy.
   51         (b)Toward this purpose, The Legislature intends to provide
   52  incentives for the production and sale of, and to set standards
   53  for, solar energy systems. Such standards shall ensure that
   54  solar energy systems manufactured or sold within the state are
   55  effective and represent a high level of quality of materials,
   56  workmanship, and design.
   57         (3) DEFINITIONS.—As used in this section, the term:
   58         (a) “Center” means is defined as the Florida Solar Energy
   59  Center of the Board of Governors.
   60         (b)“Recognized certifying entity” means any entity that
   61  certifies equipment that collects and uses incident solar energy
   62  pursuant to standards established by the National Renewable
   63  Energy Laboratory.
   64         (c)(b) “Solar energy systems” means is defined as equipment
   65  which provides for the collection and use of incident solar
   66  energy for water heating, space heating or cooling, or other
   67  applications which normally require or would require a
   68  conventional source of energy such as petroleum products,
   69  natural gas, or electricity and which performs primarily with
   70  solar energy. In such other systems in which solar energy is
   71  used in a supplemental way, only those components which collect
   72  and transfer solar energy shall be included in this definition.
   75         (a) The center shall develop and adopt promulgate standards
   76  for solar energy systems manufactured or sold in this state
   77  based on the best currently available information and shall
   78  consult with scientists, engineers, or persons in research
   79  centers who are engaged in the construction of, experimentation
   80  with, and research of solar energy systems to properly identify
   81  the most reliable designs and types of solar energy systems.
   82  This paragraph does not apply to solar energy systems certified
   83  pursuant to National Renewable Energy Laboratory standards.
   84         (b) The center shall establish criteria for testing
   85  performance of solar energy systems and shall maintain the
   86  necessary capability for testing or evaluating performance of
   87  solar energy systems. The center may accept results of tests on
   88  solar energy systems made by other organizations, companies, or
   89  persons if when such tests are conducted according to the
   90  criteria established by the center and if when the testing
   91  entity does not have a has no vested interest in the
   92  manufacture, distribution, or sale of solar energy systems. This
   93  paragraph does not apply to solar energy systems certified
   94  pursuant to National Renewable Energy Laboratory standards.
   95         (c) The center shall be entitled to receive a testing fee
   96  sufficient to cover the costs of such testing. All testing fees
   97  shall be transmitted by the center to the Chief Financial
   98  Officer to be deposited in the Solar Energy Center Testing Trust
   99  Fund, which is hereby created in the State Treasury, and
  100  disbursed for the payment of expenses incurred in testing solar
  101  energy systems.
  102         (d) All solar energy systems manufactured or sold in the
  103  state must meet the standards established by the center or by a
  104  recognized certifying entity and shall display accepted results
  105  of approved performance tests in a manner prescribed by the
  106  center.
  107         Section 2. Section 553.721, Florida Statutes, is amended to
  108  read:
  109         553.721 Surcharge.—In order for the Department of Business
  110  and Professional Regulation to administer and carry out the
  111  purposes of this part and related activities, there is created a
  112  surcharge, to be assessed at the rate of 1.5 percent of the
  113  permit fees associated with enforcement of the Florida Building
  114  Code as defined by the uniform account criteria and specifically
  115  the uniform account code for building permits adopted for local
  116  government financial reporting pursuant to s. 218.32. The
  117  minimum amount collected on any permit issued shall be $2. The
  118  unit of government responsible for collecting a permit fee
  119  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  120  surcharge and electronically remit the funds collected to the
  121  department on a quarterly calendar basis for the preceding
  122  quarter and continuing each third month thereafter. The unit of
  123  government shall retain 10 percent of the surcharge collected to
  124  fund the participation of building departments in the national
  125  and state building code adoption processes and to provide
  126  education related to enforcement of the Florida Building Code.
  127  All funds remitted to the department pursuant to this section
  128  shall be deposited in the Professional Regulation Trust Fund.
  129  Funds collected from the surcharge shall be allocated to fund
  130  the Florida Building Commission and the Florida Building Code
  131  Compliance and Mitigation Program under s. 553.841. Funds
  132  allocated to the Florida Building Code Compliance and Mitigation
  133  Program shall be $925,000 each fiscal year. The Florida Building
  134  Code Compliance and Mitigation Program shall fund the
  135  recommendations made by the Building Code System Uniform
  136  Implementation Evaluation Workgroup, dated April 8, 2013, from
  137  existing resources, not to exceed $30,000 in the 2016-2017
  138  fiscal year. The department shall provide $150,000 for the
  139  fiscal year 2017-2018 from surcharge funds available to the
  140  University of Florida M. E. Rinker, Sr., School of Construction
  141  Management for the continuation of the Construction Industry
  142  Workforce Task Force. Funds collected from the surcharge shall
  143  also be used to fund Florida Fire Prevention Code informal
  144  interpretations managed by the State Fire Marshal and shall be
  145  limited to $15,000 each fiscal year. The State Fire Marshal
  146  shall adopt rules to address the implementation and expenditure
  147  of the funds allocated to fund the Florida Fire Prevention Code
  148  informal interpretations under this section. The funds collected
  149  from the surcharge may not be used to fund research on
  150  techniques for mitigation of radon in existing buildings. Funds
  151  used by the department as well as funds to be transferred to the
  152  Department of Health and the State Fire Marshal shall be as
  153  prescribed in the annual General Appropriations Act. The
  154  department shall adopt rules governing the collection and
  155  remittance of surcharges pursuant to chapter 120.
  156         Section 3. Paragraph (d) of subsection (7) of section
  157  553.80, Florida Statutes, is amended to read:
  158         553.80 Enforcement.—
  159         (7) The governing bodies of local governments may provide a
  160  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  161  166.222 and this section, for enforcing this part. These fees,
  162  and any fines or investment earnings related to the fees, shall
  163  be used solely for carrying out the local government’s
  164  responsibilities in enforcing the Florida Building Code. When
  165  providing a schedule of reasonable fees, the total estimated
  166  annual revenue derived from fees, and the fines and investment
  167  earnings related to the fees, may not exceed the total estimated
  168  annual costs of allowable activities. Any unexpended balances
  169  shall be carried forward to future years for allowable
  170  activities or shall be refunded at the discretion of the local
  171  government. The basis for a fee structure for allowable
  172  activities shall relate to the level of service provided by the
  173  local government and shall include consideration for refunding
  174  fees due to reduced services based on services provided as
  175  prescribed by s. 553.791, but not provided by the local
  176  government. Fees charged shall be consistently applied.
  177         (d) The local enforcement agency may not require the
  178  payment of any additional fees, charges, or expenses associated
  179  with:
  180         1. Providing proof of licensure pursuant to chapter 489;
  181         2. Recording or filing a license issued pursuant to this
  182  chapter; or
  183         3. Providing, recording, or filing evidence of workers’
  184  compensation insurance coverage as required by chapter 440; or
  185         4.Applying for permits, if proof of licensure and
  186  insurance is provided and recorded.
  187         Section 4. Section 553.9081, Florida Statutes, is created
  188  to read:
  189         553.9081Florida Building Code; required amendments.—The
  190  Florida Building Commission shall amend the Florida Building
  191  Code-Energy Conservation to:
  192         (1)(a)Eliminate duplicative commissioning reporting
  193  requirements for HVAC and electrical systems; and
  194         (b)Authorize commissioning reports to be provided by a
  195  licensed design professional, electrical engineer, or mechanical
  196  engineer; and
  197         (2)Prohibit the adoption of American Society of Heating,
  198  Refrigerating and Air-Conditioning Engineers Standard 90.1-2007
  199  s.
  200         Section 5. Subsection (8) of section 633.208, Florida
  201  Statutes, is amended to read:
  202         633.208 Minimum firesafety standards.—
  203         (8)(a) The provisions of the Life Safety Code, as contained
  204  in the Florida Fire Prevention Code, do not apply to one-family
  205  and two-family dwellings. However, fire sprinkler protection may
  206  be permitted by local government in lieu of other fire
  207  protection-related development requirements for such structures.
  208  While local governments may adopt fire sprinkler requirements
  209  for one-family one- and two-family dwellings under this
  210  subsection, it is the intent of the Legislature that the
  211  economic consequences of the fire sprinkler mandate on home
  212  owners be studied before the enactment of such a requirement.
  213  After the effective date of this act, any local government that
  214  desires to adopt a fire sprinkler requirement on one-family one-
  215  or two-family dwellings must prepare an economic cost and
  216  benefit report that analyzes the application of fire sprinklers
  217  to one-family one- or two-family dwellings or any proposed
  218  residential subdivision. The report must consider the tradeoffs
  219  and specific cost savings and benefits of fire sprinklers for
  220  future owners of property. The report must include an assessment
  221  of the cost savings from any reduced or eliminated impact fees
  222  if applicable, the reduction in special fire district tax,
  223  insurance fees, and other taxes or fees imposed, and the waiver
  224  of certain infrastructure requirements including the reduction
  225  of roadway widths, the reduction of water line sizes, increased
  226  fire hydrant spacing, increased dead-end roadway length, and a
  227  reduction in cul-de-sac sizes relative to the costs from fire
  228  sprinkling. A failure to prepare an economic report shall result
  229  in the invalidation of the fire sprinkler requirement to any
  230  one-family one- or two-family dwelling or any proposed
  231  subdivision. In addition, a local jurisdiction or utility may
  232  not charge any additional fee, above what is charged to a non
  233  fire sprinklered dwelling, on the basis that a one-family one-
  234  or two-family dwelling unit is protected by a fire sprinkler
  235  system.
  236         (b)1.A county, municipality, special taxing district,
  237  public utility, or private utility may not require a separate
  238  water connection for a one-family or two-family dwelling fire
  239  sprinkler system if the hydraulic design has proven the existing
  240  connection is capable of supplying the needed hydraulic demand.
  241         2.A county, municipality, special district, public
  242  utility, or private utility may not charge a water or sewer rate
  243  to a one-family or two-family dwelling that requires a larger
  244  water meter solely due to the installation of fire sprinklers
  245  above that which is charged to a one-family and two-family
  246  dwelling with a base meter. If the installation of fire
  247  sprinklers in a one-family or two-family dwelling requires the
  248  installation of a larger water meter, only the difference in
  249  actual cost between the base water meter and the larger water
  250  meter may be charged by the water utility provider.
  251         Section 6. A local government may not require an owner of a
  252  residence to obtain a permit to paint such residence, regardless
  253  of whether the residence is owned by a limited liability
  254  company.
  255         Section 7. The Department of Education, in conjunction with
  256  the Department of Economic Opportunity, shall create a study to
  257  implement the recommendations of the Construction Industry
  258  Workforce Task Force dated January 20, 2017. The Department of
  259  Education shall provide the study to the Governor, the President
  260  of the Senate, and the Speaker of the House of Representatives
  261  before January 9, 2018. The study shall address recommendations
  262  for:
  263         (1)Expanding the definition of the term “local educational
  264  agency,” as used in apprenticeship programs, to include
  265  nongovernmental entities, private training organizations,
  266  industry trade associations, labor unions, or other community
  267  based organizations.
  268         (2)Determining the appropriateness of transferring
  269  apprenticeship programs from the Department of Education to the
  270  Department of Economic Opportunity.
  271         (3)Providing clarity regarding how current apprenticeship
  272  programs are funded from the state to the local educational
  273  agencies and what options such agencies have in how they spend
  274  apprenticeship funding.
  275         (4)Requiring the State Board of Education to accept the
  276  curriculum developed by the National Center for Construction
  277  Education and Research or other comparable national curriculum,
  278  as satisfactory courses for high school credit, college credit,
  279  or state-supported scholarships.
  280         (5)Providing additional support to K-12 programs to ensure
  281  construction-related education programs are offered through
  282  existing career and technical education programs.
  283         (6)Authorizing an alternative instructor certification
  284  process through the Department of Education which does not
  285  require certification through local educational agencies.
  286         Section 8. CareerSource Florida, Inc., shall fund
  287  construction training programs using existing federal funds
  288  awarded to the corporation for training, and shall use the
  289  previous statewide Florida ReBuilds program as a implementation
  290  model for such programs.
  291         Section 9. This act shall take effect July 1, 2017.