Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 697

427394

CHAMBER ACTION

Senate

Floor: 1/RE/3R

5/2/2008 10:44 AM

House

Senator Constantine moved the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

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

Statutes, is amended to read:

163.04 Energy devices based on renewable resources.--

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

binding agreement may not No deed restrictions, covenants, or

similar binding agreements running with the land shall prohibit

or have the effect of prohibiting solar collectors, clotheslines,

or other energy devices based on renewable resources from being

installed on buildings erected on the lots or parcels covered by

the deed restriction, covenant, declaration, or binding agreement

restrictions, covenants, or binding agreements. A property owner

may not be denied permission to install solar collectors or other

energy devices based on renewable resources by any entity granted

the power or right in any deed restriction, covenant,

declaration, or similar binding agreement to approve, forbid,

control, or direct alteration of property with respect to

residential dwellings and within the boundaries of a condominium

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

subsection, Such entity may determine the specific location where

solar collectors may be installed on the roof within an

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

if provided that such determination does not impair the effective

operation of the solar collectors.

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

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

to read:

163.3177 Required and optional elements of comprehensive

plan; studies and surveys.--

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

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

elements:

(a) A future land use plan element designating proposed

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

land for residential uses, commercial uses, industry,

agriculture, recreation, conservation, education, public

buildings and grounds, other public facilities, and other

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

encouraged to designate rural land stewardship areas, pursuant to

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

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

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

in the control and distribution of population densities and

building and structure intensities. The proposed distribution,

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

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

supplemented by goals, policies, and measurable objectives. The

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

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

accommodate anticipated growth; the projected population of the

area; the character of undeveloped land; the availability of

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

redevelopment, including the renewal of blighted areas and the

elimination of nonconforming uses which are inconsistent with the

character of the community; the compatibility of uses on lands

adjacent to or closely proximate to military installations; the

discouragement of urban sprawl; energy-efficient land use

patterns accounting for existing and future electric power

generation and transmission systems; greenhouse gas reduction

strategies; and, in rural communities, the need for job creation,

capital investment, and economic development that will strengthen

and diversify the community's economy. The future land use plan

may designate areas for future planned development use involving

combinations of types of uses for which special regulations may

be necessary to ensure development in accord with the principles

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

land use plan element shall include criteria to be used to

achieve the compatibility of adjacent or closely proximate lands

with military installations. In addition, for rural communities,

the amount of land designated for future planned industrial use

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

job creation, capital investment, and the necessity to strengthen

and diversify the local economies, and shall not be limited

solely by the projected population of the rural community. The

future land use plan of a county may also designate areas for

possible future municipal incorporation. The land use maps or map

series shall generally identify and depict historic district

boundaries and shall designate historically significant

properties meriting protection. For coastal counties, the future

land use element must include, without limitation, regulatory

incentives and criteria that encourage the preservation of

recreational and commercial working waterfronts as defined in s.

342.07. The future land use element must clearly identify the

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

When delineating the land use categories in which public schools

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

categories sufficient land proximate to residential development

to meet the projected needs for schools in coordination with

public school boards and may establish differing criteria for

schools of different type or size. Each local government shall

include lands contiguous to existing school sites, to the maximum

extent possible, within the land use categories in which public

schools are an allowable use. The failure by a local government

to comply with these school siting requirements will result in

the prohibition of the local government's ability to amend the

100

local comprehensive plan, except for plan amendments described in

101

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

102

Amendments proposed by a local government for purposes of

103

identifying the land use categories in which public schools are

104

an allowable use are exempt from the limitation on the frequency

105

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

106

element shall include criteria that encourage the location of

107

schools proximate to urban residential areas to the extent

108

possible and shall require that the local government seek to

109

collocate public facilities, such as parks, libraries, and

110

community centers, with schools to the extent possible and to

111

encourage the use of elementary schools as focal points for

112

neighborhoods. For schools serving predominantly rural counties,

113

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

114

agricultural land use category shall be eligible for the location

115

of public school facilities if the local comprehensive plan

116

contains school siting criteria and the location is consistent

117

with such criteria. Local governments required to update or amend

118

their comprehensive plan to include criteria and address

119

compatibility of adjacent or closely proximate lands with

120

existing military installations in their future land use plan

121

element shall transmit the update or amendment to the department

122

by June 30, 2006.

123

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

124

locations, and extent of existing and proposed major

125

thoroughfares and transportation routes, including bicycle and

126

pedestrian ways. Transportation corridors, as defined in s.

127

334.03, may be designated in the traffic circulation element

128

pursuant to s. 337.273. If the transportation corridors are

129

designated, the local government may adopt a transportation

130

corridor management ordinance. The traffic circulation element

131

shall incorporate transportation strategies to address reduction

132

in greenhouse gas emissions from the transportation sector.

133

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

134

protection of natural resources in the area, including air,

135

water, water recharge areas, wetlands, waterwells, estuarine

136

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

137

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

138

minerals, and other natural and environmental resources,

139

including factors that affect energy conservation. Local

140

governments shall assess their current, as well as projected,

141

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

142

considering the appropriate regional water supply plan approved

143

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

144

regional water supply plan, the district water management plan

145

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

146

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

147

series contained in the future land use element shall generally

148

identify and depict the following:

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1. Existing and planned waterwells and cones of influence

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where applicable.

151

2. Beaches and shores, including estuarine systems.

152

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

153

4. Wetlands.

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5. Minerals and soils.

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6. Energy conservation.

156

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The land uses identified on such maps shall be consistent with

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applicable state law and rules.

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

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principles to be followed in:

161

a. The provision of housing for all current and anticipated

162

future residents of the jurisdiction.

163

b. The elimination of substandard dwelling conditions.

164

c. The structural and aesthetic improvement of existing

165

housing.

166

d. The provision of adequate sites for future housing,

167

including affordable workforce housing as defined in s.

168

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

169

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

170

and foster care facilities, with supporting infrastructure and

171

public facilities.

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e. Provision for relocation housing and identification of

173

historically significant and other housing for purposes of

174

conservation, rehabilitation, or replacement.

175

f. The formulation of housing implementation programs.

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g. The creation or preservation of affordable housing to

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minimize the need for additional local services and avoid the

178

concentration of affordable housing units only in specific areas

179

of the jurisdiction.

180

h. Energy efficiency in the design and construction of new

181

housing.

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i. Use of renewable energy resources.

183

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

185

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

186

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

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critical state concern shall adopt a plan for ensuring affordable

188

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

189

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

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

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

193

household size.

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k. As a precondition to receiving any state affordable

195

housing funding or allocation for any project or program within

196

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

197

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

198

that the county has complied with the requirements of sub-

199

subparagraph j.

200

i. Failure by a local government to comply with the

201

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

202

government being ineligible to receive any state housing

203

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

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met.

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

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

208

including the affordable housing needs assessment. State and

209

federal housing plans prepared on behalf of the local government

210

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

211

the housing element. Local governments are encouraged to use

212

utilize job training, job creation, and economic solutions to

213

address a portion of their affordable housing concerns.

214

2. To assist local governments in housing data collection

215

and analysis and assure uniform and consistent information

216

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

217

agency shall conduct an affordable housing needs assessment for

218

all local jurisdictions on a schedule that coordinates the

219

implementation of the needs assessment with the evaluation and

220

appraisal reports required by s. 163.3191. Each local government

221

shall utilize the data and analysis from the needs assessment as

222

one basis for the housing element of its local comprehensive

223

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

224

perform its own needs assessment, if it uses the methodology

225

established by the agency by rule.

226

(j) For each unit of local government within an urbanized

227

area designated for purposes of s. 339.175, a transportation

228

element, which shall be prepared and adopted in lieu of the

229

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

230

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

231

1. Traffic circulation, including major thoroughfares and

232

other routes, including bicycle and pedestrian ways.

233

2. All alternative modes of travel, such as public

234

transportation, pedestrian, and bicycle travel.

235

3. Parking facilities.

236

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

237

facilities, and intermodal terminals.

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5. The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

240

and transportation elements.

241

6. The capability to evacuate the coastal population prior

242

to an impending natural disaster.

243

7. Airports, projected airport and aviation development,

244

and land use compatibility around airports.

245

8. An identification of land use densities, building

246

intensities, and transportation management programs to promote

247

public transportation systems in designated public transportation

248

corridors so as to encourage population densities sufficient to

249

support such systems.

250

9. May include transportation corridors, as defined in s.

251

334.03, intended for future transportation facilities designated

252

pursuant to s. 337.273. If transportation corridors are

253

designated, the local government may adopt a transportation

254

corridor management ordinance.

255

10. The incorporation of transportation strategies to

256

address reduction in greenhouse gas emissions from the

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transportation sector.

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

259

489.105, Florida Statutes, is amended to read:

260

489.105 Definitions.--As used in this part:

261

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

262

shall only be responsible for, the project contracted for and

263

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

264

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

265

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

266

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

267

including related improvements to real estate, for others or for

268

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

269

the job scope described in one of the subsequent paragraphs of

270

this subsection. For the purposes of regulation under this part,

271

"demolish" applies only to demolition of steel tanks over 50 feet

272

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

273

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

274

stories tall; and buildings or residences over three stories

275

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

276

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

277

and Division II, consisting of those contractors defined in

278

paragraphs (d)-(q):

279

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

280

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

281

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

282

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

283

items used in the installation, maintenance, extension, and

284

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

285

except when coating is not represented to protect, repair,

286

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

287

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

288

attachments and any repair or replacement of wood roof sheathing

289

or fascia as needed during roof repair or replacement.

290

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

291

Statutes, is amended to read:

292

553.36 Definitions.--The definitions contained in this

293

section govern the construction of this part unless the context

294

otherwise requires.

295

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

296

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

297

assembly, or system of subassemblies, which may include

298

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

299

service systems manufactured in manufacturing facilities for

300

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

301

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

302

residential, commercial, institutional, storage, and industrial

303

structures. The term includes buildings not intended for human

304

habitation such as lawn storage buildings and storage sheds

305

manufactured and assembled offsite by a manufacturer certified in

306

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

307

homes.

308

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

309

read:

310

553.37 Rules; inspections; and insignia.--

311

(1) The Florida Building Commission shall adopt within the

312

Florida Building Code requirements for construction or

313

modification of manufactured buildings and building modules, to

314

address:

315

(a) Submittal to and approval by the department of

316

manufacturers' drawings and specifications, including any

317

amendments.

318

(b) Submittal to and approval by the department of

319

manufacturers' internal quality control procedures and manuals,

320

including any amendments.

321

322

qualifications for approval of third-party plan review and

323

inspection entities and of those who perform inspections and plan

324

reviews.

325

(2) The department shall adopt rules to address:

326

(a) Procedures and qualifications for approval of third-

327

party plan review and inspection agencies and of those who

328

perform inspections and plan reviews.

329

(b)(d) Investigation of consumer complaints of

330

noncompliance of manufactured buildings with the Florida Building

331

Code and the Florida Fire Prevention Code.

332

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

333

insignia issued by the department and procedures for auditing and

334

accounting for disposition of them.

335

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

336

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

337

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

338

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

339

manufacturing facilities and observation of the manufacturing and

340

inspection process, and onsite inspections of buildings.

341

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

342

functions required by this part.

343

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

344

Code, no manufactured building, except as provided in subsection

345

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

346

and bears the insignia of approval of the department and a

347

manufacturer's data plate. Approvals issued by the department

348

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

349

with the requirements of this part.

350

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

351

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

352

deemed to comply with the Florida Building Code and are exempt

353

from local amendments enacted by any local government.

354

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

355

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

356

modified prior to installation, except in conformance with the

357

Florida Building Code.

358

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

359

bear the insignia of approval pursuant to this part upon

360

manufacture or first sale shall not require an additional

361

approval or insignia by a local government in which they are

362

subsequently sold or installed. Buildings or structures that meet

363

the definition of "open construction" are subject to permitting

364

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

365

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

366

determines that the standards for construction and inspection of

367

manufactured buildings prescribed by statute or rule of another

368

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

369

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

370

provide by rule that the manufactured building which has been

371

inspected and approved by such other state shall be deemed to

372

have been approved by the department and shall authorize the

373

affixing of the appropriate insignia of approval.

374

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

375

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

376

the department for the work related to administration and

377

enforcement of this part.

378

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

379

authority to a state department having building construction

380

responsibilities or a local government. The department may

381

delegate its plan review and inspection authority to one or more

382

of the following in any combination:

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(a) A state department having building construction

384

responsibilities;,

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(b) A local government;,

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387

(d) An approved plan review agency;, or

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(e) An agency of another state.

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(9) If the commission delegates its inspection authority to

390

third-party approved inspection agencies, manufacturers must have

391

one, and only one, inspection agency responsible for inspection

392

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

393

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

394

to all newly constructed buildings by the manufacturer or the

395

inspection agency prior to the building leaving the plant. The

396

department may charge a fee for issuing such insignias. Such

397

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

398

identification number unique to that insignia, and such other

399

information as the department may require by rule. If the

400

commission delegates its inspection authority to third-party

401

approved plan review agencies, manufacturers must have one, and

402

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

403

manufactured building, module, or component at all times.

404

(11) The department shall by rule develop minimum criteria

405

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

406

constructed buildings by the manufacturer prior to the building

407

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

408

buildings shall not be required to have state approval but must

409

comply with all local requirements of the governmental agency

410

having jurisdiction at the installation site.

411

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

412

Florida Statutes, are amended to read:

413

553.381 Manufacturer certification.--

414

(1) Before manufacturing buildings to be located within

415

this state or selling manufactured buildings within this state,

416

whichever occurs later, a manufacturer must be certified by the

417

department. The department shall certify a manufacturer upon

418

receipt from the manufacturer and approval and verification by

419

the department of the following:

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(a) The manufacturer's internal quality control procedures

421

and manuals, including any amendments;

422

(b) Evidence that the manufacturer has product liability

423

insurance for the safety and welfare of the public in amounts

424

determined by rule of the department commission; and

425

426

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

427

(3) Certification of manufacturers under this section shall

428

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

429

manufacturer. Upon application for renewal, the manufacturer must

430

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

431

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

432

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

433

for renewal of manufacturers' certification shall be established

434

by the department commission by rule.

435

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

436

Florida Statutes, are amended to read:

437

553.415 Factory-built school buildings.--

438

(11) The department shall require that an insignia bearing

439

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

440

plate develop a unique identification label to be affixed to all

441

newly constructed factory-built school buildings and existing

442

factory-built school buildings which have been brought into

443

compliance with the standards for existing "satisfactory"

444

buildings pursuant to chapter 5 of the Uniform Code for Public

445

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

446

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

447

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

448

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

449

minimum, contain:

450

(a) The name of the manufacturer.

451

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

452

453

(d) The serial or other identification number.

454

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

455

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

456

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

457

load.

458

(f) The designed-for flood zone usage.

459

(g) The designed-for wind zone usage.

460

(h) The designed-for enhanced hurricane protection zone

461

usage: yes or no.

462

(12) Such insignia and data plate identification label

463

shall be permanently affixed by the manufacturer in the case of

464

newly constructed factory-built school buildings, or by the

465

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

466

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

467

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

468

Florida Statutes, to read:

469

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

470

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

471

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

472

approved development order.

473

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

474

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

475

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

476

553.73 Florida Building Code.--

477

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

478

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

479

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

480

commission shall select the most current version of the

481

International Building Code, the International Fuel Gas Code, the

482

International Mechanical Code, the International Plumbing Code,

483

and the International Residential Code, all of which are adopted

484

by the International Code Council, and the National Electrical

485

Code, which is adopted by the National Fire Protection

486

Association, to form the foundation codes of the updated Florida

487

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

488

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

489

months prior to its selection by the commission. The commission

490

shall select the most current version of the International Energy

491

Conservation Code (IECC) as a foundation code; however, the IECC

492

shall be modified by the commission to maintain the efficiencies

493

of the Florida Energy Efficiency Code for Building Construction

494

adopted and amended pursuant to s. 553.901.

495

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

496

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

497

this subsection by amending the code pursuant only to the rule

498

adoption procedures contained in chapter 120. Provisions of the

499

Florida Building Code, including those contained in referenced

500

standards and criteria, relating to wind resistance or the

501

prevention of water intrusion may not be amended pursuant to this

502

subsection to diminish those construction requirements; however,

503

the commission may, subject to conditions in this subsection,

504

amend the provisions to enhance those construction requirements.

505

Following the approval of any amendments to the Florida Building

506

Code by the commission and publication of the amendments on the

507

commission's website, authorities having jurisdiction to enforce

508

the Florida Building Code may enforce the amendments. The

509

commission may approve amendments that are needed to address:

510

(a) Conflicts within the updated code;

511

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

512

Prevention Code adopted pursuant to chapter 633;

513

514

amendments to the updated code if such omission is not supported

515

by a specific recommendation of a technical advisory committee or

516

particular action by the commission;

517

(d) Unintended results from the integration of previously

518

adopted Florida-specific amendments with the model code; or

519

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

520

(f) Adoption of an updated edition of the National

521

Electrical Code if the commission finds that delay of

522

implementing the updated edition causes undue hardship to

523

stakeholders or otherwise threatens the public health, safety,

524

and welfare.

525

(13) The general provisions of the Florida Building Code

526

for buildings and other structures shall not apply to commercial

527

wireless communication towers when such general provisions are

528

inconsistent with the provisions of the code controlling radio

529

and television towers. This subsection is intended to be remedial

530

in nature and to clarify existing law.

531

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

532

Florida Statutes, are amended to read:

533

553.74 Florida Building Commission.--

534

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

535

located within the Department of Community Affairs for

536

administrative purposes. Members shall be appointed by the

537

Governor subject to confirmation by the Senate. The commission

538

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

539

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

540

actively engaged in the profession. The American Institute of

541

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

542

candidates for consideration.

543

(b) One structural engineer registered to practice in this

544

state and actively engaged in the profession. The Florida

545

Engineering Society is encouraged to recommend a list of

546

candidates for consideration.

547

548

to do business in this state and actively engaged in the

549

profession. The Florida Air Conditioning Contractors Association,

550

the Florida Refrigeration and Air Conditioning Contractors

551

Association, and the Mechanical Contractors Association of

552

Florida are encouraged to recommend a list of candidates for

553

consideration.

554

(d) One electrical contractor certified to do business in

555

this state and actively engaged in the profession. The Florida

556

Electrical Contractors Association and the National Electrical

557

Contractors Association, Florida Chapter, are encouraged to

558

recommend a list of candidates for consideration.

559

(e) One member from fire protection engineering or

560

technology who is actively engaged in the profession. The Florida

561

Chapter of the Society of Fire Protection Engineers and the

562

Florida Fire Marshals and Inspectors Association are encouraged

563

to recommend a list of candidates for consideration.

564

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

565

state and actively engaged in the profession. The Associated

566

Builders and Contractors of Florida, the Florida Associated

567

General Contractors Council, and the Union Contractors

568

Association are encouraged to recommend a list of candidates for

569

consideration.

570

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

571

state and actively engaged in the profession. The Florida

572

Association of Plumbing, Heating, and Cooling Contractors is

573

encouraged to recommend a list of candidates for consideration.

574

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

575

business in this state and actively engaged in the profession.

576

The Florida Roofing, Sheet Metal, and Air Conditioning

577

Contractors Association and the Sheet Metal and Air Conditioning

578

Contractors National Association are encouraged to recommend a

579

list of candidates for consideration.

580

(i) One residential contractor licensed to do business in

581

this state and actively engaged in the profession. The Florida

582

Home Builders Association is encouraged to recommend a list of

583

candidates for consideration.

584

(j) Three members who are municipal or district codes

585

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

586

Building Officials Association of Florida and the Florida Fire

587

Marshals and Inspectors Association are encouraged to recommend a

588

list of candidates for consideration.

589

(k) One member who represents the Department of Financial

590

Services.

591

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

592

The Building Officials Association of Florida is encouraged to

593

recommend a list of candidates for consideration.

594

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

595

with disabilities or a nationally chartered organization of

596

persons with disabilities with chapters in this state.

597

(n) One member of the manufactured buildings industry who

598

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

599

in the industry. The Florida Manufactured Housing Association is

600

encouraged to recommend a list of candidates for consideration.

601

(o) One mechanical or electrical engineer registered to

602

practice in this state and actively engaged in the profession.

603

The Florida Engineering Society is encouraged to recommend a list

604

of candidates for consideration.

605

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

606

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

607

Association of Counties are encouraged to recommend a list of

608

candidates for consideration.

609

(q) One member of the building products manufacturing

610

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

611

actively engaged in the industry. The Florida Building Material

612

Association, the Florida Concrete and Products Association, and

613

the Fenestration Manufacturers Association are encouraged to

614

recommend a list of candidates for consideration.

615

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

616

owners and managers industry who is actively engaged in

617

commercial building ownership or management. The Building Owners

618

and Managers Association is encouraged to recommend a list of

619

candidates for consideration.

620

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

621

industry. The Florida Insurance Council is encouraged to

622

recommend a list of candidates for consideration.

623

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

624

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

625

to do business in this state and actively engaged in the

626

profession. The Florida Swimming Pool Association and the United

627

Pool and Spa Association are encouraged to recommend a list of

628

candidates for consideration shall be the chair.

629

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

630

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

631

Florida board member of the United States Green Building Council

632

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

633

(w) One member who shall be the chair.

634

635

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

636

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

637

two full terms is eligible for reappointment to the commission

638

regardless of whether he or she meets the new qualification.

639

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

640

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

641

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

642

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

643

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

644

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

645

Florida Building Commission shall be appointed after February 1,

646

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

647

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

648

cease to meet the qualifications for original appointment,

649

through ceasing to be a practicing member of the profession

650

indicated or otherwise, shall thereby forfeit membership on the

651

commission.

652

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

653

read:

654

553.75 Organization of commission; rules and regulations;

655

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

656

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

657

commission shall annually elect from its appointive members such

658

officers as it may choose.

659

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

660

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

661

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

662

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

663

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

664

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

665

constitute a quorum.

666

(3) The department shall be responsible for the provision

667

of administrative and staff support services relating to the

668

functions of the commission. With respect to matters within the

669

jurisdiction of the commission, the department shall be

670

responsible for the implementation and faithful discharge of all

671

decisions of the commission made pursuant to its authority under

672

the provisions of this part. The department is specifically

673

authorized to use communications media technology in conducting

674

meetings of the commission or any meetings held in conjunction

675

with meetings of the commission.

676

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

677

encourage participation by interested persons in attendance. At a

678

minimum, the commission shall provide one opportunity for

679

interested members of the public in attendance at a meeting to

680

comment on each proposed action of the commission before a final

681

vote is taken on any motion.

682

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

683

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

684

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

685

553.77 Specific powers of the commission.--

686

(5) The commission may implement its recommendations

687

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

688

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

689

Efficiency Code for Building Construction as provided in s.

690

553.901.

691

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

692

Statutes, is amended to read:

693

553.775 Interpretations.--

694

(5) The commission may render declaratory statements in

695

accordance with s. 120.565 relating to the provisions of the

696

Florida Accessibility Code for Building Construction not

697

attributable to the Americans with Disabilities Act Accessibility

698

Guidelines. Notwithstanding the other provisions of this section,

699

the Florida Accessibility Code for Building Construction and

700

chapter 11 of the Florida Building Code may not be interpreted

701

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

702

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

703

commission's authority to waive the Florida Accessibility Code

704

for Building Construction as provided by s. 553.512.

705

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

706

section 553.80, Florida Statutes, and subsection (7) of that

707

section is amended, to read:

708

553.80 Enforcement.--

709

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

710

local government and each legally constituted enforcement

711

district with statutory authority shall regulate building

712

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

713

legislation, each state agency shall enforce the Florida Building

714

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

715

structures, and facilities, unless such responsibility has been

716

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

717

(g) Construction regulations relating to secure mental

718

health treatment facilities under the jurisdiction of the

719

Department of Children and Family Services shall be enforced

720

exclusively by the department in conjunction with the Agency for

721

Health Care Administration's review authority under paragraph

722

(c).

723

724

The governing bodies of local governments may provide a schedule

725

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

726

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

727

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

728

responsibilities in enforcing the Florida Building Code. The

729

authority of state enforcing agencies to set fees for enforcement

730

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

731

However, nothing contained in this subsection shall operate to

732

limit such agencies from adjusting their fee schedule in

733

conformance with existing authority.

734

(7) The governing bodies of local governments may provide a

735

schedule of reasonable fees, as authorized by s. 125.56(2) or s.

736

166.222 and this section, for enforcing this part. These fees,

737

and any fines or investment earnings related to the fees, shall

738

be used solely for carrying out the local government's

739

responsibilities in enforcing the Florida Building Code. When

740

providing a schedule of reasonable fees, the total estimated

741

annual revenue derived from fees, and the fines and investment

742

earnings related to the fees, may not exceed the total estimated

743

annual costs of allowable activities. Any unexpended balances

744

shall be carried forward to future years for allowable activities

745

or shall be refunded at the discretion of the local government.

746

The basis for a fee structure for allowable activities shall

747

relate to the level of service provided by the local government

748

and shall include consideration for refunding fees due to reduced

749

services based on services provided as prescribed by s. 553.791,

750

but not provided by the local government. Fees charged shall be

751

consistently applied.

752

(a) As used in this subsection, the phrase "enforcing the

753

Florida Building Code" includes the direct costs and reasonable

754

indirect costs associated with review of building plans, building

755

inspections, reinspections, and building permit processing;

756

building code enforcement; and fire inspections associated with

757

new construction. The phrase may also include training costs

758

associated with the enforcement of the Florida Building Code and

759

enforcement action pertaining to unlicensed contractor activity

760

to the extent not funded by other user fees.

761

(b) The following activities may not be funded with fees

762

adopted for enforcing the Florida Building Code:

763

1. Planning and zoning or other general government

764

activities.

765

2. Inspections of public buildings for a reduced fee or no

766

fee.

767

3. Public information requests, community functions,

768

boards, and any program not directly related to enforcement of

769

the Florida Building Code.

770

4. Enforcement and implementation of any other local

771

ordinance, excluding validly adopted local amendments to the

772

Florida Building Code and excluding any local ordinance directly

773

related to enforcing the Florida Building Code as defined in

774

paragraph (a).

775

776

accounting, and oversight practices to ensure that fees, fines,

777

and investment earnings generated under this subsection are

778

maintained and allocated or used solely for the purposes

779

described in paragraph (a).

780

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

781

Florida Statutes, to read:

782

553.842 Product evaluation and approval.--

783

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

784

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

785

report required under s. 553.77, shall either recommend

786

amendments to the list to add evaluation entities the commission

787

determines should be authorized to perform product evaluations or

788

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

789

rule allowing the commission to approve evaluation entities that

790

use the commission's product evaluation process. If the

791

commission adopts criteria by rule, the rulemaking process must

792

be completed by July 1, 2009.

793

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

794

Association of Plumbing and Mechanical Officials Evaluation

795

Services is approved as an evaluation entity until October 1,

796

2009. If the association does not obtain permanent approval by

797

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

798

products approved on the basis of an association evaluation must

799

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

800

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

801

commission based on an association evaluation is void.

802

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

803

553.844, Florida Statutes, is amended to read:

804

553.844 Windstorm loss mitigation; requirements for roofs

805

and opening protection.--

806

(2) The Florida Building Commission shall:

807

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

808

means to incorporate recognized mitigation techniques for site-

809

built, single-family residential structures constructed before

810

prior to the implementation of the Florida Building Code,

811

including, but not limited to:

812

1. Prescriptive techniques for the installation of gable-

813

end bracing;

814

2. Secondary water barriers for roofs and standards

815

relating to secondary water barriers. The criteria may include,

816

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

817

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

818

to one method or material for a secondary water barrier;

819

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

820

connections. The Legislature recognizes that the cost of

821

retrofitting existing buildings to meet the code requirements for

822

new construction in this regard may exceed the practical benefit

823

to be attained. The Legislature intends for the commission to

824

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

825

may be employed to retrofit existing buildings that are not

826

otherwise required to comply with the requirements of the Florida

827

Building Code for new construction so that the cost of such

828

improvements does not exceed approximately 15 percent of the cost

829

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

830

unless evaluation and installation of connections at gable ends

831

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

832

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

833

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

834

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

835

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

836

given to connecting the corners of roofs to walls below the

837

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

838

4. Strengthening or correcting roof-decking attachments and

839

fasteners during reroofing; and

840

5. Adding or strengthening opening protections.

841

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

842

Statutes, is amended to read:

843

553.885 Carbon monoxide alarm required.--

844

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

845

hospice facility, or a nursing home facility licensed by the

846

Agency for Health Care Administration, for which a building

847

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

848

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

849

fireplace, or an attached garage shall have an approved

850

operational carbon monoxide alarm installed within 10 feet of

851

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

852

inpatient hospice facility, or a nursing home facility licensed

853

by the Agency for Health Care Administration, an approved

854

operational carbon monoxide detector shall be installed inside or

855

directly outside of each room or area within the hospital or

856

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

857

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

858

system of the hospital or facility as a supervisory signal.

859

Section 18. Section 553.886, Florida Statutes, is created

860

to read:

861

553.886 Energy-efficiency technologies.--The provisions of

862

the Florida Building Code must facilitate and promote the use of

863

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

864

renewable energy technologies in buildings.

865

Section 19. Section 553.9061, Florida Statutes, is created

866

to read:

867

553.9061 .-- Scheduled increases in thermal efficiency

868

standards.--

869

(1) The purpose of this section is to establish a schedule

870

of increases in the energy performance of buildings subject to

871

the Florida Energy Efficiency Code for Building Construction. The

872

Florida Building Commission shall:

873

(a) Include the necessary provisions by the 2010 edition of

874

the Florida Energy Efficiency Code for Building Construction to

875

increase the energy performance of new buildings by at least 20

876

percent as compared to the energy efficiency provisions of the

877

2007 Florida Building Code adopted October 31, 2007.

878

(b) Increase energy efficiency requirements by the 2013

879

edition of the Florida Energy Efficiency Code for Building

880

Construction by at least 30 percent as compared to the energy

881

efficiency provisions of the 2007 Florida Building Code adopted

882

October 31, 2007.

883

884

edition of the Florida Energy Efficiency Code for Building

885

Construction by at least 40 percent as compared to the energy

886

efficiency provisions of the 2007 Florida Building Code adopted

887

October 31, 2007.

888

(d) Increase energy efficiency requirements by the 2019

889

edition of the Florida Energy Efficiency Code for Building

890

Construction by at least 50 percent as compared to the energy

891

efficiency provisions of the 2007 Florida Building Code adopted

892

October 31, 2007.

893

(2) The Florida Building Commission shall identify within

894

code support and compliance documentation the specific building

895

options and elements available to meet the energy performance

896

goals established in subsection (1). Energy-efficiency

897

performance options and elements include, but are not limited to:

898

(a) Solar water heating.

899

(b) Energy-efficient appliances.

900

901

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

902

(e) Enhanced ceiling and wall insulation.

903

(f) Reduced-leak duct systems.

904

(g) Programmable thermostats.

905

(h) Energy-efficient lighting systems.

906

(3) The Florida Building Commission shall, prior to

907

implementing the goals established in subsection (1), adopt by

908

rule and implement a cost-effectiveness test for proposed

909

increases in energy efficiency. The cost-effectiveness test shall

910

measure cost-effectiveness and shall ensure that energy

911

efficiency increases result in a positive net financial impact.

912

Section 20. (1) The Department of Community Affairs, in

913

conjunction with the Florida Energy Affordability Coalition,

914

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

915

Energy Assistance Program and the Weatherization Assistance

916

Program, and identify recommendations that:

917

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

918

(b) Maximize available financial and energy-conservation

919

assistance;

920

921

assistance; and

922

(d) Educate customers to make informed decisions regarding

923

energy use and conservation.

924

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

925

report its findings and any recommended statutory changes

926

required to implement such findings to the President of the

927

Senate and the Speaker of the House of Representatives.

928

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

929

Section 21. Section 553.731, Florida Statutes, is repealed.

930

Section 22. The repeal of s. 553.731, Florida Statutes, by

931

this act, does not diminish or authorize changes that diminish

932

the provisions of the Florida Building Code relating to wind

933

resistance or water intrusion which were adopted pursuant to

934

chapter 2007-1, Laws of Florida.

935

Section 23. Subparagraph 6. of paragraph (a) of subsection

936

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

937

Section 24. Subsections (3), and (4) of section

938

336.41, Florida Statutes, are renumbered as subsections (4), and

939

(5), respectively, and a subsection (3) is added to that section,

940

to read:

941

336.41 Counties; employing labor and providing road

942

equipment; accounting; when competitive bidding required.--

943

(3) Notwithstanding any law to the contrary, a county,

944

municipality, or special district may not own or operate an

945

asphalt plant or a portable or stationary concrete batch plant

946

that has an independent mixer; however, this prohibition does not

947

apply to any county that owns or is under contract to purchase an

948

asphalt plant as of April 15, 2008, and that furnishes its plant-

949

generated asphalt solely for use by local governments or

950

companies under contract with local governments for projects

951

within the boundaries of the county. Sale of plant-generated

952

asphalt to private entities or local governments outside the

953

boundaries of the county is prohibited.

954

Section 25. Subsection (6) is added to section 718.113,

955

Florida Statutes, to read:

956

718.113 Maintenance; limitation upon improvement; display

957

of flag; hurricane shutters.--

958

(6) Notwithstanding the provisions of this section or the

959

governing documents of a condominium or a multicondominium

960

association, the board of administration may, without any

961

requirement for approval of the unit owners, install upon or

962

within the common elements or association property solar

963

collectors, clotheslines, or other energy-efficient devices based

964

on renewable resources for the benefit of the unit owners.

965

Section 26. The Florida Building Commission shall submit

966

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

967

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

968

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

969

Section 27. This act shall take effect July 1, 2008.

970

971

972

================ T I T L E A M E N D M E N T ================

973

And the title is amended as follows:

974

Delete everything before the enacting clause

975

and insert:

976

A bill to be entitled

977

An act relating to building code standards; amending s.

978

163.04, F.S.; revising provisions authorizing the use of

979

solar collectors and other energy devices; amending s.

980

163.3177, F.S.; revising requirements for the future land

981

use element of a local comprehensive plan to include

982

energy-efficient land use patterns and greenhouse gas

983

reduction strategies; requiring that the traffic-

984

circulation element of a local comprehensive plan

985

incorporate transportation strategies to reduce greenhouse

986

gas emissions; requiring that the land use map or map

987

series contained in the future land use element of a local

988

comprehensive plan identify and depict energy

989

conservation; requiring that the home element of a local

990

comprehensive plan include energy efficiency in the design

991

and construction of new housing and use of renewable

992

energy resources; providing that certain counties may not

993

receive state affordable housing funds under certain

994

circumstances; requiring each unit of local government

995

within an urbanized area to amend the transportation

996

element of a local comprehensive plan to incorporate

997

transportation strategies addressing reduction in

998

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

999

expanding the scope of the definition of "roofing

1000

contractor" to include contractors performing required

1001

roof-deck attachments and any repair or replacement of

1002

wood roof sheathing or fascia as needed during roof repair

1003

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

1004

term "manufactured building" for purposes of the Florida

1005

Manufactured Building Act to include modular and factory-

1006

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

1007

Department of Community Affairs to adopt rules related to

1008

the inspection, construction, and modification of

1009

manufactured buildings; requiring the department to

1010

develop an insignia to be affixed to newly constructed

1011

manufactured buildings; authorizing the department to

1012

charge a fee for the insignia; providing requirements for

1013

the insignia; requiring the department to develop minimum

1014

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

1015

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

1016

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

1017

be affixed to all newly constructed factory-built school

1018

buildings; providing requirements for the manufacturer's

1019

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

1020

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

1021

codes to be included in Florida Building Code updates;

1022

expanding the list of reasons the commission may amend the

1023

Florida Building Code; providing requirements for the

1024

retroactive application of parts of the Florida Building

1025

Code to commercial wireless communications towers;

1026

amending s. 553.74, F.S.; revising requirements for

1027

selecting members of the Florida Building Commission;

1028

revising membership of the commission; deleting obsolete

1029

provisions; amending s. 553.75, F.S.; authorizing the

1030

Florida Building Commission to use communications media

1031

technology in conducting its meetings or meetings held in

1032

conjunction with commission meetings; providing for public

1033

comment at meetings of the commission; amending s. 553.77,

1034

F.S.; authorizing the commission to implement

1035

recommendations relating to energy efficiency in

1036

residential and commercial buildings; amending s. 553.775,

1037

F.S.; authorizing the commission to render declaratory

1038

statements; amending s. 553.80, F.S.; providing that the

1039

enforcement of construction regulations relating to secure

1040

mental health treatment facilities under the jurisdiction

1041

of the Department of Children and Family Services shall be

1042

enforced exclusively by the department in conjunction with

1043

the review authority of the Agency for Health Care

1044

Administration; requiring that the basis for a fee

1045

structure for allowable activities include consideration

1046

for refunding fees due to reduced services based on

1047

certain services; amending s. 553.842, F.S.; requiring the

1048

commission to review the list of product evaluation

1049

entities; providing reporting requirements; providing for

1050

rulemaking; designating an entity as an approved

1051

production evaluation entity until October 1, 2009;

1052

providing criteria for substitution of approved products

1053

under certain conditions; providing for the expiration of

1054

certain product approvals; amending s. 553.844, F.S.;

1055

revising provisions requiring the adoption of certain

1056

mitigation techniques by the Florida Building Commission

1057

within the Florida Building Code for certain structures;

1058

amending s. 553.885, F.S.; requiring the installation of

1059

carbon monoxide detectors in certain new hospitals,

1060

hospice and nursing homes facilities; creating s. 553.886,

1061

F.S.; requiring that the Florida Building Code facilitate

1062

and promote the use of certain renewable energy

1063

technologies in buildings; creating s. 553.9061, F.S.;

1064

establishing a schedule of required increases in the

1065

energy performance of buildings subject to the Florida

1066

Building Code; providing a process for implementing goals

1067

to increase energy-efficiency performance in new

1068

buildings; providing a schedule for the implementation of

1069

such goals; identifying energy-efficiency performance

1070

options and elements available to meet energy-efficiency

1071

performance requirements; requiring the commission to

1072

adopt by rule a definition of the term "cost-effectiveness

1073

test"; providing that the commission implement a cost-

1074

effectiveness test; providing requirements for the test;

1075

directing the Department of Community Affairs, in

1076

conjunction with the Florida Energy Affordability Council,

1077

to identify and review issues relating to the Low-Income

1078

Home Energy Assistance Program and the Weatherization

1079

Assistance Program; requiring the submission of a report

1080

to the President of the Senate and the Speaker of the

1081

House of Representatives on or before a specified date;

1082

providing for the expiration of certain study

1083

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

1084

wind-borne debris protection requirements; providing for

1085

construction and interpretation of the repeal; repealing

1086

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

1087

certain properties to meet building code plus requirements

1088

as a condition of eligibility for coverage by Citizens

1089

Property Insurance Corporation; amending s. 336.41, F.S.;

1090

providing that a county, municipality, or special district

1091

may not own or operate an asphalt plant or a portable or

1092

stationary concrete batch plant having an independent

1093

mixer; amending s. 718.113, F.S.; authorizing the board of

1094

a condominium or a multicondominium to install solar

1095

collectors, clotheslines, or other energy-efficient

1096

devices on association property; requiring the Florida

1097

Building Commission to include certain information in its

1098

report to the Legislature; providing an effective date.

4/29/2008 7:33:00 PM CA.22.09085

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