Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
                                Barcode 574916                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2013           .                                

       The Committee on Regulated Industries (Detert) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 749 - 870
    4  and insert:
    5         Section 19. Section 553.991, Florida Statutes, is amended
    6  to read:
    7         553.991 Purpose.—The purpose of this part is to identify
    8  systems provide for a statewide uniform system for rating the
    9  energy efficiency of buildings. It is in the interest of the
   10  state to encourage the consideration of the energy-efficiency
   11  rating systems system in the market so as to provide market
   12  rewards for energy-efficient buildings and to those persons or
   13  companies designing, building, or selling energy-efficient
   14  buildings.
   15         Section 20. Section 553.992, Florida Statutes, is repealed.
   16         Section 21. Section 553.993, Florida Statutes, is amended
   17  to read:
   18         553.993 Definitions.—For purposes of this part:
   19         (1) “Acquisition” means to gain the sole or partial use of
   20  a building through a purchase agreement.
   21         (2) “Builder” means the primary contractor who possesses
   22  the requisite skill, knowledge, and experience, and has the
   23  responsibility, to supervise, direct, manage, and control the
   24  contracting activities of the business organization with which
   25  she or he is connected and who has the responsibility to
   26  supervise, direct, manage, and control the construction work on
   27  a job for which she or he has obtained the building permit.
   28  Construction work includes, but is not limited to, foundation,
   29  framing, wiring, plumbing, and finishing work.
   30         (3) “Building energy-efficiency rating system” means a
   31  whole building energy evaluation system established by the
   32  Residential Energy Services Network, the Commercial Energy
   33  Services Network, the Building Performance Institute, or the
   34  Florida Solar Energy Center.
   35         (4)(3) “Designer” means the architect, engineer, landscape
   36  architect, builder, interior designer, or other person who
   37  performs the actual design work or under whose direct
   38  supervision and responsible charge the construction documents
   39  are prepared.
   40         (5) “Energy auditor” means a trained and certified
   41  professional who conducts energy evaluations of an existing
   42  building and uses tools to identify the building’s current
   43  energy usage and the condition of the building and equipment.
   44         (6) “Energy-efficiency rating” means an unbiased indication
   45  of a building’s relative energy efficiency based on consistent
   46  inspection procedures, operating assumptions, climate data, and
   47  calculation methods.
   48         (7) “Energy rater” means an individual certified by a
   49  building energy-efficiency rating system to perform building
   50  energy-efficiency ratings for the 810 building type and in the
   51  rating class for which the rater is certified.
   52         (8)(4) “New building” means commercial occupancy buildings
   53  permitted for construction after January 1, 1995, and
   54  residential occupancy buildings permitted for construction after
   55  January 1, 1994.
   56         (9)(5) “Public building” means a building comfort
   57  conditioned for occupancy that is owned or leased by the state,
   58  a state agency, or a governmental subdivision, including, but
   59  not limited to, a city, county, or school district.
   60         Section 22. Section 553.994, Florida Statutes, is amended
   61  to read:
   62         553.994 Applicability.—Building energy-efficiency The
   63  rating systems system shall apply to all public, commercial, and
   64  residential buildings in the state.
   65         Section 23. Section 553.995, Florida Statutes, is amended
   66  to read:
   67         553.995 Energy-efficiency ratings for buildings.—
   68         (1) Building The energy-efficiency rating systems must,
   69  system shall at a minimum:
   70         (a) Provide a uniform rating scale of the efficiency of
   71  buildings based on annual energy usage.
   72         (a)(b) Take into account local climate conditions,
   73  construction practices, and building use.
   74         (b)(c) Be compatible with standard federal rating systems
   75  and state building codes and standards, where applicable, and
   76  shall satisfy the requirements of s. 553.9085 with respect to
   77  residential buildings and s. 255.256 with respect to state
   78  buildings.
   79         (c)(2)The energy-efficiency rating system adopted by the
   80  department shall Provide a means of analyzing and comparing the
   81  relative energy efficiency of buildings upon the sale of new or
   82  existing residential, public, or commercial buildings.
   83         (3) The department shall establish a voluntary working
   84  group of persons interested in the energy-efficiency rating
   85  system or energy efficiency, including, but not limited to, such
   86  persons as electrical engineers, mechanical engineers,
   87  architects, public utilities, and builders. The interest group
   88  shall advise the department in the development of the energy
   89  efficiency rating system and shall assist the department in the
   90  implementation of the rating system by coordinating educational
   91  programs for designers, builders, businesses, and other
   92  interested persons to assist compliance and to facilitate
   93  incorporation of the rating system into existing practices.
   94         (2)(a)(4)The department shall develop a training and
   95  certification program to certify raters. In addition to the
   96  department, Ratings may be conducted by a any local government
   97  or private entity if, provided that the appropriate persons have
   98  completed the necessary training established by the applicable
   99  building energy-efficiency rating system and have been certified
  100  by the department.
  101         (b) The Department of Management Services shall rate state
  102  owned or state-leased buildings if, provided that the
  103  appropriate persons have completed the necessary training
  104  established by the applicable building energy-efficiency rating
  105  system and have been certified by the Department of Business and
  106  Professional Regulation.
  107         (c) A state agency that which has building construction
  108  regulation authority may rate its own buildings and those it is
  109  responsible for, if the appropriate persons have completed the
  110  necessary training established by the applicable building
  111  energy-efficiency rating system and have been certified by the
  112  Department of Business and Professional Regulation. The
  113  Department of Business and Professional Regulation may charge a
  114  fee not to exceed the costs for the training and certification
  115  of raters. The department shall by rule set the appropriate
  116  charges for raters to charge for energy ratings, not to exceed
  117  the actual costs.
  118         Section 24. Section 553.996, Florida Statutes, is amended
  119  to read:
  120         553.996 Energy-efficiency information provided by building
  121  energy-efficiency rating systems providers brochure.—A
  122  prospective purchaser of real property with a building for
  123  occupancy located thereon shall be provided with a copy of an
  124  information brochure, at the time of or before prior to the
  125  purchaser’s execution of the contract for sale and purchase
  126  which notifies, notifying the purchaser of the option for an
  127  energy-efficiency rating on the building. Building energy
  128  efficiency rating system providers identified in this part shall
  129  prepare such information and make it available for distribution
  130  Such brochure shall be prepared, made available for
  131  distribution, and provided at no cost by the department. Such
  132  brochure shall contain information relevant to that class of
  133  building must include, including, but need not be limited to:
  134         (1) How to analyze the building’s energy-efficiency rating.
  135         (2) Comparisons to statewide averages for new and existing
  136  construction of that class.
  137         (3) Information concerning methods to improve the
  138  building’s energy-efficiency rating.
  139         (4) A notice to residential purchasers that the energy
  140  efficiency rating may qualify the purchaser for an energy
  141  efficient mortgage from lending institutions.
  142         Section 25. Subsection (2) of section 553.997, Florida
  143  Statutes, is amended to read:
  144         553.997 Public buildings.—
  145         (2) The department, together with other State agencies
  146  having building construction and maintenance responsibilities,
  147  shall make available energy-efficiency practices information to
  148  be used by individuals involved in the design, construction,
  149  retrofitting, and maintenance of buildings for state and local
  150  governments.
  151         Section 26. Section 553.998, Florida Statutes, is amended
  152  to read:
  153         553.998 Compliance.—All ratings must shall be determined
  154  using tools and procedures developed by the systems recognized
  155  under this part adopted by the department by rule in accordance
  156  with chapter 120 and must shall be certified by the rater as
  157  accurate and correct and in compliance with procedures of the
  158  system under which the rater is certified adopted by the
  159  department by rule in accordance with chapter 120.
  161  ================= T I T L E  A M E N D M E N T ================
  162         And the title is amended as follows:
  163         Delete lines 52 - 67
  164  and insert:
  165         Efficiency Rating Act; repealing s. 553.992, F.S.,
  166         relating to the adoption of a rating system; amending
  167         s. 553.993, F.S.; providing definitions; amending s.
  168         553.994, F.S.; providing for the applicability of
  169         building energy-efficiency rating systems; amending s.
  170         553.995, F.S.; deleting a minimum requirement for the
  171         building energy-efficiency rating systems; revising
  172         language; deleting provisions relating to a certain
  173         interest group; deleting provisions relating to the
  174         Department of Business and Professional Regulation;
  175         amending s. 553.996, F.S.; requiring building energy
  176         efficiency rating system providers to provide certain
  177         information; amending s. 553.997, F.S.; deleting a
  178         provision relating to the department; amending s.
  179         553.998, F.S.; revising provisions relating to rating
  180         compliance; providing