Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1252
Senate . House
Comm: RCS .
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
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
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 Section 553.992, Florida Statutes, is repealed.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
79 (c) (2) The energy-efficiency rating sy stem adopted by the
80 department sh all 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) T he 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 an d 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) T he department shall develop a training and
95 certification program to certify rater s. 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 departme nt.
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
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