Bill No. HB 7135
Amendment No. 819251
Senate House

1Representative Randolph offered the following:
3     Amendment to Amendment (155237) (with title amendment)
4     Between lines 4 and 5, insert:
5     Section 101.  Section 553.954, Florida Statutes, is amended
6to read:
7     553.954  Adoption of standards.--The Department of
8Community Affairs shall adopt, modify, revise, update, and
9maintain the Florida Energy Efficiency Conservation Standards to
10implement the provisions of this part and amendments thereto in
11accordance with the procedures of chapter 120. The department
12may also work with the Florida Building Commission to coordinate
13inspections for new products that are covered by the Florida
14Building Code.
15     Section 102.  Section 553.955, Florida Statutes, is amended
16to read:
17     553.955  Definitions.--For purposes of this part:
18     (1)  "Boiler" means a commercial or residential space
19heater that is a self-contained appliance for supplying steam or
20hot water primarily intended for space heating. The term
21excludes hot water supply boilers.
22     (2)(1)  "AV" means the adjusted volume for refrigerators,
23refrigerator-freezers, and freezers, as defined in the
24applicable test procedure.
25     (3)  "Bottle-type water dispenser" means a water dispenser
26that uses a bottle or reservoir as the source of potable water.
27     (4)(2)  "Ballast" or "fluorescent lamp ballast" means a
28device to operate a fluorescent lamp by providing a starting
29voltage and current and limiting the current during normal
30operation. It must also be designed to:
31     (a)  Operate at nominal input voltages of 120 or 227 volts.
32     (b)  Operate with an input frequency of 60 hertz.
33     (5)(3)  "Ballast efficiency factor" means the ratio of
34relative light output, expressed as a percent, to the power
35input, expressed in watts under test conditions.
36     (6)(4)  "Code" means the Florida Energy Efficiency Code for
37Building Construction.
38     (7)  "Commercial hot food holding cabinet" means a heated,
39fully enclosed compartment, with one or more solid or partial
40glass doors, that is designed to maintain the temperature of hot
41food that has been cooked in a separate appliance. The term
42excludes heated glass merchandising cabinets, drawer warmers, or
43cook-and-hold appliances.
44     (8)(5)  "Date of sale" means the day when the product is
45physically delivered to the buyer.
46     (9)  "Department" means the Department of Community
48     (10)  "Distributor" means any person or business entity
49which distributes a privately labeled product on a national
50basis for which the specifications for manufacture, testing, and
51certification are established and attested to by the
52distributor, rather than the manufacturer.
53     (11)(8)  "Energy efficiency conservation standard" or
54"energy conservation standard" means:
55     (a)  A performance standard which prescribes a minimum
56level of energy efficiency or a maximum quantity of energy use
57for a covered product, determined in accordance with applicable
58test procedures;
59     (b)  A design requirement for the products specified in s.
60553.957; or
61     (c)  A testing and rating requirement for the products
62specified in s. 553.957; and includes any other requirements
63which the department may prescribe.
64     (12)(9)  "F40T12 lamp" means a tubular fluorescent lamp
65which is a nominal 40 watts, with a 48-inch tube, 1.5 inches in
66diameter. These lamps conform to American National Standards
67Institute standard C.78.1-1978.
68     (13)(10)  "F96T12 lamp" means a tubular fluorescent lamp
69which is a nominal 75 watts, with a 96-inch tube, 1.5 inches in
70diameter. These lamps conform to American National Standards
71Institute standard C.78.3-1978.
72     (14)(11)  "Luminaire" means a complete lighting unit
73consisting of a fluorescent lamp or lamps, together with parts
74designed to distribute the light, to position and protect such
75lamps, and to connect such lamps to the power supply.
76     (15)  "Manufacturer" means any person or business entity
77engaged in the original production or assembly of a product.
78     (16)(13)  "New product" means a product that is sold,
79offered for sale, or installed for the first time and
80specifically includes floor models and demonstration units.
81     (17)(14)  "Nominal input voltage" means an input voltage
82within plus 5 percent or minus 5 percent of a specified value.
83     (18)(15)  "Nominal lamp watts" means the wattage at which a
84fluorescent lamp is designed to operate.
85     (19)(16)  "Occupancy" means an occupied building or part of
86a building.
87     (20)(17)  "Operation" means the ability to start the lamp
88at least 8 times out of 10 with a minimum of 1 minute between
89attempts when tested under test conditions.
90     (21)(18)  "Power input" means the rate of energy
91consumption in watts of a ballast and fluorescent lamp or lamps.
92     (22)  "Refrigerated bottled or canned beverage vending
93machine" means a commercial refrigerator that cools bottled or
94canned beverages and dispenses such beverages upon payment.
95     (23)(19)  "Relative light output" means the test ballast
96light output divided by a reference ballast light output using
97the same reference lamp and expressing the value as a percent.
98     (24)  "Water dispenser" means a factory-made assembly that
99mechanically cools and heats potable water and that dispenses
100the cooled or heated water by integral or remote means.
101     (25)  With respect to audio and video equipment:
102     (a)  "Compact audio product," also known as a "mini,"
103"mid," "micro," or "shelf audio system," means an integrated
104audio system encased in a single housing that includes an
105amplifier and radio tuner and attached or separable speakers and
106can reproduce audio from magnetic tape, a CD, a DVD, or flash
107memory. The definition does not include products that can be
108independently powered by internal batteries or a powered
109external satellite antenna or can provide a video output signal.
110     (b)  "Digital versatile disc" or "DVD" means a laser-
111encoded plastic medium capable of storing a large amount of
112digital audio, video, and computer data.
113     (c)  "Digital versatile disc player" or "DVD player" means
114a commercially available electronic product encased in a single
115housing that includes an integral power supply and for which the
116sole purpose is the decoding of digitized video signals on a
118     (d)  "Digital versatile disc recorder" or "DVD recorder"
119means a commercially available electronic product encased in a
120single housing that includes an integral power supply and for
121which the sole purpose is the production or recording of
122digitized audio and video signals on a DVD. The definition does
123not include models that have an EPG function.
124     (26)  With respect to pool and spa equipment:
125     (a)  "Pool heater" means an appliance designed for heating
126nonpotable water contained at atmospheric pressure for swimming
127pools, spas, hot tubs, and similar products.
128     (b)  "Portable electric spa" means a factory-built electric
129spa or hot tub supplied with equipment for heating and
130circulating water.
131     (c)  "Residential pool pump" means a pump used to circulate
132and filter pool water in order to maintain clarity.
133     (27)(20)  With respect to refrigerators, freezers, and
135     (a)  "Automatic defrost system" means a defrost system in
136which the defrosting action for all refrigerated surfaces is
137initiated and terminated automatically.
138     (b)  "Freezer" means a cabinet designed as a unit for the
139storage of food at temperatures of about 0 °F, having the
140ability to freeze food, and having a source of refrigeration
141requiring an energy input.
142     (c)  "Refrigerator" means a cabinet designed for the
143refrigerated storage of food at temperatures above 32 °F, and
144having a source of refrigeration requiring an energy input. It
145may include a compartment for the freezing and storage of food
146at temperatures below 32 °F, but does not provide a separate low
147temperature compartment designed for the freezing of and the
148long-term storage of food at temperatures below 8 °F. It has
149only one exterior door, but it may have interior doors on
151     (d)  "Refrigerator-freezer" means a cabinet which consists
152of two or more compartments with at least one of the
153compartments designed for the refrigerated storage of foods at
154temperatures above 32 °F, and with at least one of the
155compartments designed for the freezing of and the storage of
156frozen foods at temperatures of 8 °F or below. The source of
157refrigeration requires energy input.
158     (28)(21)  Definitions used in the code shall also apply to
159terms used in this part.
160     Section 103.  Section 553.957, Florida Statutes, is amended
161to read:
162     553.957  Products covered by this part.--
163     (1)  The provisions of this part apply to the testing,
164certification, and enforcement of energy conservation standards
165for the following types of new commercial and residential
166products sold in the state:
167     (a)  Bottle-type water dispensers.
168     (b)(a)  Refrigerators, refrigerator-freezers, and freezers
169which can be operated by alternating current electricity,
171     1.  Any type designed to be used without doors; and
172     2.  Any type which does not include a compressor and
173condenser unit as an integral part of the cabinet assembly.
174     (c)  Commercial boilers.
175     (d)(b)  Lighting equipment.
176     (e)  Commercial hot food holding cabinets.
177     (f)  Compact audio products.
178     (g)  Digital versatile disc players and recorders.
179     (h)  Pool heaters.
180     (i)  Portable electric spas.
181     (j)  Residential pool pumps.
182     (k)(c)  Showerheads.
183     (l)  Refrigerated bottled or canned beverage vending
185     (m)(d)  Any other type of consumer product which the
186department classifies as a covered product as specified in this
188     (2)  The provisions of this part do not apply to:
189     (a)  New products manufactured in the this state and sold
190outside the state.
191     (b)  New products manufactured outside the this state and
192sold at wholesale in the this state for final retail sale and
193installation outside the state.
194     (c)  Products installed in manufactured homes at the time
195of construction.
196     (d)(c)  Products designed expressly for installation and
197use in recreational vehicles or other equipment designed for
198regular mobile use.
199     Section 104.  Section 553.961, Florida Statutes, is amended
200to read:
201     553.961  Test methods.--
202     (1)  The manufacturer shall cause the testing of samples of
203each model of each product covered by this part. Test procedures
204identified in the code shall be the accepted test procedures for
205those products addressed by the code. Test procedures for
206products not addressed in the code shall be determined by the
207department. The department shall use United States Department of
208Energy approved test methods or, in the absence of such test
209methods, other appropriate nationally recognized test methods
210applicable to the respective products. The department may elect
211to develop and prescribe other test methods based upon the
212department's determination that use of such other test methods
213is justified due to decreased cost, increased accuracy, or the
214general use and acceptance of a specific test method by the
215industry involved.
216     (2)  The department may test products covered by this part.
217If products are found to not be in compliance with the minimum
218energy efficiency standards established under this part, the
219department shall charge the manufacturer of such product for the
220cost of product purchase and testing and shall provide
221information to the public on products found not to be in
222compliance with the standards.
223     (3)  The department may coordinate with the certification
224programs of other states and federal agencies with similar
225standards to the maximum extent practicable, including
226investigating whether certification in another state can serve
227as a substitute for certification in this state.
T I T L E  A M E N D M E N T
235     Remove lines 9-10 and insert:
236amending ss. 553.954 and 553.955, F.S.; revising provisions
237relating to certain energy standards; amending s. 553.957, F.S.;
238revising the list of products covered by the Florida Energy
239Conservation Standards Act; amending s. 553.961, F.S.;
240authorizing the department to test certain products for energy
241efficiency; requiring the department to charge manufacturers for
242costs related to the testing of products under certain
243circumstances; requiring the department to provide information
244to the public on certain products; requiring the department to
245coordinate with other state and federal agencies for certain
246product certification;

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