Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for HB 269
Barcode 455772
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/3R . Floor: SENA1/C
04/30/2013 04:48 PM . 05/02/2013 11:36 AM
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Senators Detert and Simpson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 125.022, Florida Statutes, is amended to
6 read:
7 125.022 Development permits.—When a county denies an
8 application for a development permit, the county shall give
9 written notice to the applicant. The notice must include a
10 citation to the applicable portions of an ordinance, rule,
11 statute, or other legal authority for the denial of the permit.
12 As used in this section, the term “development permit” has the
13 same meaning as in s. 163.3164. For any development permit
14 application filed with the county after July 1, 2012, a county
15 may not require as a condition of processing or issuing a
16 development permit that an applicant obtain a permit or approval
17 from any state or federal agency unless the agency has issued a
18 final agency action that denies the federal or state permit
19 before the county action on the local development permit.
20 Issuance of a development permit by a county does not in any way
21 create any rights on the part of the applicant to obtain a
22 permit from a state or federal agency and does not create any
23 liability on the part of the county for issuance of the permit
24 if the applicant fails to obtain requisite approvals or fulfill
25 the obligations imposed by a state or federal agency or
26 undertakes actions that result in a violation of state or
27 federal law. A county shall may attach such a disclaimer to the
28 issuance of a development permit and shall may include a permit
29 condition that all other applicable state or federal permits be
30 obtained before commencement of the development. This section
31 does not prohibit a county from providing information to an
32 applicant regarding what other state or federal permits may
33 apply.
34 Section 2. Section 162.12, Florida Statutes, is amended to
35 read:
36 162.12 Notices.—
37 (1) All notices required by this part must be provided to
38 the alleged violator by:
39 (a) Certified mail, return receipt requested, to the
40 address listed in the tax collector’s office for tax notices, or
41 to the address listed in the county property appraiser’s
42 database. The local government may also provide an additional
43 notice to any other address it may find for provided by the
44 property owner in writing to the local government for the
45 purpose of receiving notices. For property owned by a
46 corporation, notices may be provided by certified mail to the
47 registered agent of the corporation. If any notice sent by
48 certified mail is not signed as received within 30 days after
49 the postmarked date of mailing, notice may be provided by
50 posting as described in subparagraphs (2)(b)1. and 2.;
51 (b) Hand delivery by the sheriff or other law enforcement
52 officer, code inspector, or other person designated by the local
53 governing body;
54 (c) Leaving the notice at the violator’s usual place of
55 residence with any person residing therein who is above 15 years
56 of age and informing such person of the contents of the notice;
57 or
58 (d) In the case of commercial premises, leaving the notice
59 with the manager or other person in charge.
60 (2) In addition to providing notice as set forth in
61 subsection (1), at the option of the code enforcement board or
62 the local government, notice may also be served by publication
63 or posting, as follows:
64 (a)1. Such notice shall be published once during each week
65 for 4 consecutive weeks (four publications being sufficient) in
66 a newspaper of general circulation in the county where the code
67 enforcement board is located. The newspaper shall meet such
68 requirements as are prescribed under chapter 50 for legal and
69 official advertisements.
70 2. Proof of publication shall be made as provided in ss.
71 50.041 and 50.051.
72 (b)1. In lieu of publication as described in paragraph (a),
73 such notice may be posted at least 10 days prior to the hearing,
74 or prior to the expiration of any deadline contained in the
75 notice, in at least two locations, one of which shall be the
76 property upon which the violation is alleged to exist and the
77 other of which shall be, in the case of municipalities, at the
78 primary municipal government office, and in the case of
79 counties, at the front door of the courthouse or the main county
80 governmental center in said county.
81 2. Proof of posting shall be by affidavit of the person
82 posting the notice, which affidavit shall include a copy of the
83 notice posted and the date and places of its posting.
84 (c) Notice by publication or posting may run concurrently
85 with, or may follow, an attempt or attempts to provide notice by
86 hand delivery or by mail as required under subsection (1).
87
88 Evidence that an attempt has been made to hand deliver or mail
89 notice as provided in subsection (1), together with proof of
90 publication or posting as provided in subsection (2), shall be
91 sufficient to show that the notice requirements of this part
92 have been met, without regard to whether or not the alleged
93 violator actually received such notice.
94 Section 3. Section 166.033, Florida Statutes, is amended to
95 read:
96 166.033 Development permits.—When a municipality denies an
97 application for a development permit, the municipality shall
98 give written notice to the applicant. The notice must include a
99 citation to the applicable portions of an ordinance, rule,
100 statute, or other legal authority for the denial of the permit.
101 As used in this section, the term “development permit” has the
102 same meaning as in s. 163.3164. For any development permit
103 application filed with the municipality after July 1, 2012, a
104 municipality may not require as a condition of processing or
105 issuing a development permit that an applicant obtain a permit
106 or approval from any state or federal agency unless the agency
107 has issued a final agency action that denies the federal or
108 state permit before the municipal action on the local
109 development permit. Issuance of a development permit by a
110 municipality does not in any way create any right on the part of
111 an applicant to obtain a permit from a state or federal agency
112 and does not create any liability on the part of the
113 municipality for issuance of the permit if the applicant fails
114 to obtain requisite approvals or fulfill the obligations imposed
115 by a state or federal agency or undertakes actions that result
116 in a violation of state or federal law. A municipality shall may
117 attach such a disclaimer to the issuance of development permits
118 and shall may include a permit condition that all other
119 applicable state or federal permits be obtained before
120 commencement of the development. This section does not prohibit
121 a municipality from providing information to an applicant
122 regarding what other state or federal permits may apply.
123 Section 4. Subsection (3) of section 255.20, Florida
124 Statutes, is amended to read:
125 255.20 Local bids and contracts for public construction
126 works; specification of state-produced lumber.—
127 (3)(a) All county officials, boards of county
128 commissioners, school boards, city councils, city commissioners,
129 and all other public officers of state boards or commissions
130 that are charged with the letting of contracts for public work,
131 for the construction of public bridges, buildings, and other
132 structures must specify in the contract lumber, timber, and
133 other forest products produced and manufactured in this state,
134 if wood is a component of the public work, and if such products
135 are available and their price, fitness, and quality are equal.
136 (b) This subsection does not apply:
137 1. To plywood specified for monolithic concrete forms.,
138 2. If the structural or service requirements for timber for
139 a particular job cannot be supplied by native species., or
140 3. If the construction is financed in whole or in part from
141 federal funds with the requirement that there be no restrictions
142 as to species or place of manufacture.
143 4. To transportation projects for which federal aid funds
144 are available.
145 Section 5. Subsection (4) is added to section 255.2575,
146 Florida Statutes, to read:
147 255.2575 Energy-efficient and sustainable buildings.—
148 (4)(a) All state agencies, county officials, boards of
149 county commissioners, school boards, city councils, city
150 commissioners, and all other public officers of state boards or
151 commissions that are charged with the letting of contracts for
152 public work, for the construction of public bridges, buildings,
153 and other structures must specify in the contract lumber,
154 timber, and other forest products produced and manufactured in
155 this state, if wood is a component of the public work, and if
156 such products are available and their price, fitness, and
157 quality are equal.
158 (b) This subsection does not apply:
159 1. To plywood specified for monolithic concrete forms.
160 2. If the structural or service requirements for timber for
161 a particular job cannot be supplied by native species.
162 3. If the construction is financed in whole or in part from
163 federal funds with the requirement that there be no restrictions
164 as to species or place of manufacture.
165 4. To transportation projects for which federal aid funds
166 are available.
167 Section 6. Paragraph (a) of subsection (4) of section
168 255.257, Florida Statutes, is amended to read:
169 255.257 Energy management; buildings occupied by state
170 agencies.—
171 (4) ADOPTION OF STANDARDS.—
172 (a) Each All state agency agencies shall use adopt a
173 sustainable building rating system or use a national model green
174 building code for each all new building buildings and renovation
175 renovations to an existing building buildings.
176 Section 7. Paragraph (aa) of subsection (4) of section
177 381.0065, Florida Statutes, is amended to read:
178 381.0065 Onsite sewage treatment and disposal systems;
179 regulation.—
180 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
181 construct, repair, modify, abandon, or operate an onsite sewage
182 treatment and disposal system without first obtaining a permit
183 approved by the department. The department may issue permits to
184 carry out this section, but shall not make the issuance of such
185 permits contingent upon prior approval by the Department of
186 Environmental Protection, except that the issuance of a permit
187 for work seaward of the coastal construction control line
188 established under s. 161.053 shall be contingent upon receipt of
189 any required coastal construction control line permit from the
190 Department of Environmental Protection. A construction permit is
191 valid for 18 months from the issuance date and may be extended
192 by the department for one 90-day period under rules adopted by
193 the department. A repair permit is valid for 90 days from the
194 date of issuance. An operating permit must be obtained prior to
195 the use of any aerobic treatment unit or if the establishment
196 generates commercial waste. Buildings or establishments that use
197 an aerobic treatment unit or generate commercial waste shall be
198 inspected by the department at least annually to assure
199 compliance with the terms of the operating permit. The operating
200 permit for a commercial wastewater system is valid for 1 year
201 from the date of issuance and must be renewed annually. The
202 operating permit for an aerobic treatment unit is valid for 2
203 years from the date of issuance and must be renewed every 2
204 years. If all information pertaining to the siting, location,
205 and installation conditions or repair of an onsite sewage
206 treatment and disposal system remains the same, a construction
207 or repair permit for the onsite sewage treatment and disposal
208 system may be transferred to another person, if the transferee
209 files, within 60 days after the transfer of ownership, an
210 amended application providing all corrected information and
211 proof of ownership of the property. There is no fee associated
212 with the processing of this supplemental information. A person
213 may not contract to construct, modify, alter, repair, service,
214 abandon, or maintain any portion of an onsite sewage treatment
215 and disposal system without being registered under part III of
216 chapter 489. A property owner who personally performs
217 construction, maintenance, or repairs to a system serving his or
218 her own owner-occupied single-family residence is exempt from
219 registration requirements for performing such construction,
220 maintenance, or repairs on that residence, but is subject to all
221 permitting requirements. A municipality or political subdivision
222 of the state may not issue a building or plumbing permit for any
223 building that requires the use of an onsite sewage treatment and
224 disposal system unless the owner or builder has received a
225 construction permit for such system from the department. A
226 building or structure may not be occupied and a municipality,
227 political subdivision, or any state or federal agency may not
228 authorize occupancy until the department approves the final
229 installation of the onsite sewage treatment and disposal system.
230 A municipality or political subdivision of the state may not
231 approve any change in occupancy or tenancy of a building that
232 uses an onsite sewage treatment and disposal system until the
233 department has reviewed the use of the system with the proposed
234 change, approved the change, and amended the operating permit.
235 (aa) An existing-system inspection or evaluation and
236 assessment, or a modification, replacement, or upgrade of an
237 onsite sewage treatment and disposal system is not required for
238 a remodeling addition or modification to a single-family home if
239 a bedroom is not added. However, a remodeling addition or
240 modification to a single-family home may not cover any part of
241 the existing system or encroach upon a required setback or the
242 unobstructed area. To determine if a setback or the unobstructed
243 area is impacted, the local health department shall review and
244 verify a floor plan and site plan of the proposed remodeling
245 addition or modification to the home submitted by a remodeler
246 which shows the location of the system, including the distance
247 of the remodeling addition or modification to the home from the
248 onsite sewage treatment and disposal system. The local health
249 department may visit the site or otherwise determine the best
250 means of verifying the information submitted. A verification of
251 the location of a system is not an inspection or evaluation and
252 assessment of the system. The review and verification must be
253 completed within 7 business days after receipt by the local
254 health department of a floor plan and site plan. If the review
255 and verification is not completed within such time, the
256 remodeling addition or modification to the single-family home,
257 for the purposes of this paragraph, is approved.
258 Section 8. The amendments to s. 489.113(2), Florida
259 Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
260 remedial in nature and intended to clarify existing law. This
261 section applies retroactively to any action initiated or pending
262 on or after March 23, 2012.
263 Section 9. Paragraphs (c) and (f) of subsection (5) and
264 subsection (6) of section 489.127, Florida Statutes, are amended
265 to read:
266 489.127 Prohibitions; penalties.—
267 (5) Each county or municipality may, at its option,
268 designate one or more of its code enforcement officers, as
269 defined in chapter 162, to enforce, as set out in this
270 subsection, the provisions of subsection (1) and s. 489.132(1)
271 against persons who engage in activity for which a county or
272 municipal certificate of competency or license or state
273 certification or registration is required.
274 (c) The local governing body of the county or municipality
275 may is authorized to enforce codes and ordinances against
276 unlicensed contractors under the provisions of this subsection
277 and may enact an ordinance establishing procedures for
278 implementing this subsection, including a schedule of penalties
279 to be assessed by the code enforcement officer. The maximum
280 civil penalty which may be levied may shall not exceed $2,000
281 $500. Moneys collected pursuant to this subsection shall be
282 retained locally, as provided for by local ordinance, and may be
283 set aside in a specific fund to support future enforcement
284 activities against unlicensed contractors.
285 (f) If the enforcement or licensing board or designated
286 special magistrate finds that a violation exists, the
287 enforcement or licensing board or designated special magistrate
288 may order the violator to pay a civil penalty of not less than
289 the amount set forth on the citation but not more than $2,500
290 $1,000 per day for each violation. In determining the amount of
291 the penalty, the enforcement or licensing board or designated
292 special magistrate shall consider the following factors:
293 1. The gravity of the violation.
294 2. Any actions taken by the violator to correct the
295 violation.
296 3. Any previous violations committed by the violator.
297 (6) Local building departments may collect outstanding
298 fines against registered or certified contractors issued by the
299 Construction Industry Licensing Board and may retain 75 25
300 percent of the fines they are able to collect, provided that
301 they transmit 25 75 percent of the fines they are able to
302 collect to the department according to a procedure to be
303 determined by the department.
304 Section 10. Paragraph (a) of subsection (7) of section
305 489.131, Florida Statutes, is amended to read:
306 489.131 Applicability.—
307 (7)(a) It is the policy of the state that the purpose of
308 regulation is to protect the public by attaining compliance with
309 the policies established in law. Fines and other penalties are
310 provided in order to ensure compliance; however, the collection
311 of fines and the imposition of penalties are intended to be
312 secondary to the primary goal of attaining compliance with state
313 laws and local jurisdiction ordinances. It is the intent of the
314 Legislature that a local jurisdiction agency charged with
315 enforcing regulatory laws shall issue a notice of noncompliance
316 as its first response to a minor violation of a regulatory law
317 in any instance in which it is reasonable to assume that the
318 violator was unaware of such a law or unclear as to how to
319 comply with it. A violation of a regulatory law is a “minor
320 violation” if it does not result in economic or physical harm to
321 a person or adversely affect the public health, safety, or
322 welfare or create a significant threat of such harm. A “notice
323 of noncompliance” is a notification by the local jurisdiction
324 agency charged with enforcing the ordinance, which is issued to
325 the licensee that is subject to the ordinance. A notice of
326 noncompliance should not be accompanied with a fine or other
327 disciplinary penalty. It should identify the specific ordinance
328 that is being violated, provide information on how to comply
329 with the ordinance, and specify a reasonable time for the
330 violator to comply with the ordinance. Failure of a licensee to
331 take action correcting the violation within a set period of time
332 would then result in the institution of further disciplinary
333 proceedings.
334 Section 11. Section 489.514, Florida Statutes, is amended
335 to read:
336 489.514 Certification for registered contractors;
337 grandfathering provisions.—
338 (1) The board shall, upon receipt of a completed
339 application, appropriate fee, and proof of compliance with the
340 provisions of this section, issue:
341 (a) To an applying registered electrical contractor, a
342 certificate as an electrical contractor, as defined in s.
343 489.505(12); or
344 (b) To an applying registered alarm system contractor, a
345 certificate in the matching alarm system contractor category, as
346 defined in s. 489.505(2)(a) or (b); or
347 (c) To an applying registered electrical specialty
348 contractor, a certificate in the matching electrical specialty
349 contractor category, as defined in s. 489.505(19).
350 (2) Any contractor registered under this part who makes
351 application under this section to the board shall meet each of
352 the following requirements for certification:
353 (a) Currently holds a valid registered local license in the
354 category of electrical contractor, alarm system contractor, or
355 electrical specialty contractor.
356 (b) Has, for that category, passed a written, proctored
357 examination that the board finds to be substantially similar to
358 the examination required to be licensed as a certified
359 contractor under this part. For purposes of this subsection, a
360 written, proctored examination such as that produced by the
361 National Assessment Institute, Block and Associates, NAI/Block,
362 Experior Assessments, Professional Testing, Inc., or Assessment
363 Systems, Inc., shall be considered to be substantially similar
364 to the examination required to be licensed as a certified
365 contractor. The board may not impose or make any requirements
366 regarding the nature or content of these cited examinations.
367 (c) Has at least 5 years of experience as a contractor in
368 that contracting category, or as an inspector or building
369 administrator with oversight over that category, at the time of
370 application. For contractors, only time periods in which the
371 contractor license is active and the contractor is not on
372 probation shall count toward the 5 years required under this
373 subsection.
374 (d) Has not had his or her contractor’s license revoked at
375 any time, had his or her contractor’s license suspended in the
376 last 5 years, or been assessed a fine in excess of $500 in the
377 last 5 years.
378 (e) Is in compliance with the insurance and financial
379 responsibility requirements in s. 489.515(1)(b).
380 (3) An applicant must make application by November 1, 2015
381 2004, to be licensed pursuant to this section.
382 Section 12. Paragraph (c) and (f) of subsection (4) of
383 section 489.531, Florida Statutes, are amended to read:
384 489.531 Prohibitions; penalties.—
385 (4) Each county or municipality may, at its option,
386 designate one or more of its code enforcement officers, as
387 defined in chapter 162, to enforce, as set out in this
388 subsection, the provisions of subsection (1) against persons who
389 engage in activity for which county or municipal certification
390 is required.
391 (c) The local governing body of the county or municipality
392 may is authorized to enforce codes and ordinances against
393 unlicensed contractors under the provisions of this section and
394 may enact an ordinance establishing procedures for implementing
395 this section, including a schedule of penalties to be assessed
396 by the code enforcement officers. The maximum civil penalty
397 which may be levied may shall not exceed $2,000 $500. Moneys
398 collected pursuant to this section shall be retained locally as
399 provided for by local ordinance and may be set aside in a
400 specific fund to support future enforcement activities against
401 unlicensed contractors.
402 (f) If the enforcement or licensing board or designated
403 special magistrate finds that a violation exists, the
404 enforcement or licensing board or designated special magistrate
405 may order the violator to pay a civil penalty of not less than
406 the amount set forth on the citation but not more than $2,500
407 $500 per day for each violation. In determining the amount of
408 the penalty, the enforcement or licensing board or designated
409 special magistrate shall consider the following factors:
410 1. The gravity of the violation.
411 2. Any actions taken by the violator to correct the
412 violation.
413 3. Any previous violations committed by the violator.
414 Section 13. Present subsections (6) through (11) of section
415 553.71, Florida Statutes, are redesignated as subsections (7)
416 through (12), respectively, and a new subsection (6) is added to
417 that section, to read:
418 553.71 Definitions.—As used in this part, the term:
419 (6) “Local technical amendment” means an action by a local
420 governing authority that results in a technical change to the
421 Florida Building Code and its local enforcement.
422 Section 14. Subsection (17) of section 553.73, Florida
423 Statutes, is amended to read:
424 553.73 Florida Building Code.—
425 (17) A provision The provisions of section R313 of the most
426 current version of the International Residential Code relating
427 to mandated fire sprinklers may not be incorporated into the
428 Florida Building Code as adopted by the Florida Building
429 Commission and may not be adopted as a local amendment to the
430 Florida Building Code. This subsection does not prohibit the
431 application of cost-saving incentives for residential fire
432 sprinklers that are authorized in the International Residential
433 Code upon a mutual agreement between the builder and the code
434 official. This subsection does not apply to a local government
435 that has a lawfully adopted ordinance relating to fire
436 sprinklers which has been in effect since January 1, 2010.
437 Section 15. Subsection (1) of section 553.74, Florida
438 Statutes, is amended to read:
439 553.74 Florida Building Commission.—
440 (1) The Florida Building Commission is created and located
441 within the Department of Business and Professional Regulation
442 for administrative purposes. Members are shall be appointed by
443 the Governor subject to confirmation by the Senate. The
444 commission is shall be composed of 26 25 members, consisting of
445 the following:
446 (a) One architect registered to practice in this state and
447 actively engaged in the profession. The American Institute of
448 Architects, Florida Section, is encouraged to recommend a list
449 of candidates for consideration.
450 (b) One structural engineer registered to practice in this
451 state and actively engaged in the profession. The Florida
452 Engineering Society is encouraged to recommend a list of
453 candidates for consideration.
454 (c) One air-conditioning or mechanical contractor certified
455 to do business in this state and actively engaged in the
456 profession. The Florida Air Conditioning Contractors
457 Association, the Florida Refrigeration and Air Conditioning
458 Contractors Association, and the Mechanical Contractors
459 Association of Florida are encouraged to recommend a list of
460 candidates for consideration.
461 (d) One electrical contractor certified to do business in
462 this state and actively engaged in the profession. The Florida
463 Electrical Contractors Association and the National Electrical
464 Contractors Association, Florida Chapter, are encouraged to
465 recommend a list of candidates for consideration.
466 (e) One member from fire protection engineering or
467 technology who is actively engaged in the profession. The
468 Florida Chapter of the Society of Fire Protection Engineers and
469 the Florida Fire Marshals and Inspectors Association are
470 encouraged to recommend a list of candidates for consideration.
471 (f) One general contractor certified to do business in this
472 state and actively engaged in the profession. The Associated
473 Builders and Contractors of Florida, the Florida Associated
474 General Contractors Council, and the Union Contractors
475 Association are encouraged to recommend a list of candidates for
476 consideration.
477 (g) One plumbing contractor licensed to do business in this
478 state and actively engaged in the profession. The Florida
479 Association of Plumbing, Heating, and Cooling Contractors is
480 encouraged to recommend a list of candidates for consideration.
481 (h) One roofing or sheet metal contractor certified to do
482 business in this state and actively engaged in the profession.
483 The Florida Roofing, Sheet Metal, and Air Conditioning
484 Contractors Association and the Sheet Metal and Air Conditioning
485 Contractors National Association are encouraged to recommend a
486 list of candidates for consideration.
487 (i) One residential contractor licensed to do business in
488 this state and actively engaged in the profession. The Florida
489 Home Builders Association is encouraged to recommend a list of
490 candidates for consideration.
491 (j) Three members who are municipal or district codes
492 enforcement officials, one of whom is also a fire official. The
493 Building Officials Association of Florida and the Florida Fire
494 Marshals and Inspectors Association are encouraged to recommend
495 a list of candidates for consideration.
496 (k) One member who represents the Department of Financial
497 Services.
498 (l) One member who is a county codes enforcement official.
499 The Building Officials Association of Florida is encouraged to
500 recommend a list of candidates for consideration.
501 (m) One member of a Florida-based organization of persons
502 with disabilities or a nationally chartered organization of
503 persons with disabilities with chapters in this state.
504 (n) One member of the manufactured buildings industry who
505 is licensed to do business in this state and is actively engaged
506 in the industry. The Florida Manufactured Housing Association is
507 encouraged to recommend a list of candidates for consideration.
508 (o) One mechanical or electrical engineer registered to
509 practice in this state and actively engaged in the profession.
510 The Florida Engineering Society is encouraged to recommend a
511 list of candidates for consideration.
512 (p) One member who is a representative of a municipality or
513 a charter county. The Florida League of Cities and the Florida
514 Association of Counties are encouraged to recommend a list of
515 candidates for consideration.
516 (q) One member of the building products manufacturing
517 industry who is authorized to do business in this state and is
518 actively engaged in the industry. The Florida Building Material
519 Association, the Florida Concrete and Products Association, and
520 the Fenestration Manufacturers Association are encouraged to
521 recommend a list of candidates for consideration.
522 (r) One member who is a representative of the building
523 owners and managers industry who is actively engaged in
524 commercial building ownership or management. The Building Owners
525 and Managers Association is encouraged to recommend a list of
526 candidates for consideration.
527 (s) One member who is a representative of the insurance
528 industry. The Florida Insurance Council is encouraged to
529 recommend a list of candidates for consideration.
530 (t) One member who is a representative of public education.
531 (u) One member who is a swimming pool contractor licensed
532 to do business in this state and actively engaged in the
533 profession. The Florida Swimming Pool Association and the United
534 Pool and Spa Association are encouraged to recommend a list of
535 candidates for consideration.
536 (v) One member who is a representative of the green
537 building industry and who is a third-party commission agent, a
538 Florida board member of the United States Green Building Council
539 or Green Building Initiative, a professional who is accredited
540 under the International Green Construction Code (IGCC), or a
541 professional who is accredited under Leadership in Energy and
542 Environmental Design (LEED).
543 (w) One member who is a representative of a natural gas
544 distribution system and who is actively engaged in the
545 distribution of natural gas in this state. The Florida Natural
546 Gas Association is encouraged to recommend a list of candidates
547 for consideration.
548 (x)(w) One member who shall be the chair.
549
550 Any person serving on the commission under paragraph (c) or
551 paragraph (h) on October 1, 2003, and who has served less than
552 two full terms is eligible for reappointment to the commission
553 regardless of whether he or she meets the new qualification.
554 Section 16. Paragraph (a) of subsection (5) of section
555 553.79, Florida Statutes, is amended, and subsection (18) is
556 added to that section, to read:
557 553.79 Permits; applications; issuance; inspections.—
558 (5)(a) The enforcing agency shall require a special
559 inspector to perform structural inspections on a threshold
560 building pursuant to a structural inspection plan prepared by
561 the engineer or architect of record. The structural inspection
562 plan must be submitted to and approved by the enforcing agency
563 before prior to the issuance of a building permit for the
564 construction of a threshold building. The purpose of the
565 structural inspection plan is to provide specific inspection
566 procedures and schedules so that the building can be adequately
567 inspected for compliance with the permitted documents. The
568 special inspector may not serve as a surrogate in carrying out
569 the responsibilities of the building official, the architect, or
570 the engineer of record. The contractor’s contractual or
571 statutory obligations are not relieved by any action of the
572 special inspector. The special inspector shall determine that a
573 professional engineer who specializes in shoring design has
574 inspected the shoring and reshoring for conformance with the
575 shoring and reshoring plans submitted to the enforcing agency. A
576 fee simple title owner of a building, which does not meet the
577 minimum size, height, occupancy, occupancy classification, or
578 number-of-stories criteria which would result in classification
579 as a threshold building under s. 553.71(12) 553.71(11), may
580 designate such building as a threshold building, subject to more
581 than the minimum number of inspections required by the Florida
582 Building Code.
583 (18) For the purpose of inspection and record retention,
584 site plans for a building may be maintained in the form of an
585 electronic copy at the worksite. These plans must be open to
586 inspection by the building official or a duly authorized
587 representative, as required by the Florida Building Code.
588 Section 17. Paragraph (a) of subsection (5) of section
589 553.842, Florida Statutes, is amended to read:
590 553.842 Product evaluation and approval.—
591 (5) Statewide approval of products, methods, or systems of
592 construction may be achieved by one of the following methods.
593 One of these methods must be used by the commission to approve
594 the following categories of products: panel walls, exterior
595 doors, roofing, skylights, windows, shutters, impact protective
596 systems, and structural components as established by the
597 commission by rule. A product may not be advertised, sold,
598 offered, provided, distributed, or marketed as hurricane,
599 windstorm, or impact protection from wind-borne debris from a
600 hurricane or windstorm unless it is approved pursuant to this
601 section or s. 553.8425. Any person who advertises, sells,
602 offers, provides, distributes, or markets a product as
603 hurricane, windstorm, or impact protection from wind-borne
604 debris without such approval is subject to the Florida Deceptive
605 and Unfair Trade Practices Act under part II of chapter 501
606 brought by the enforcing authority as defined in s. 501.203.
607 (a) Products for which the code establishes standardized
608 testing or comparative or rational analysis methods shall be
609 approved by submittal and validation of one of the following
610 reports or listings indicating that the product or method or
611 system of construction was in compliance with the Florida
612 Building Code and that the product or method or system of
613 construction is, for the purpose intended, at least equivalent
614 to that required by the Florida Building Code:
615 1. A certification mark or listing of an approved
616 certification agency, which may be used only for products for
617 which the code designates standardized testing;
618 2. A test report from an approved testing laboratory;
619 3. A product evaluation report based upon testing or
620 comparative or rational analysis, or a combination thereof, from
621 an approved product evaluation entity; or
622 4. A product evaluation report based upon testing or
623 comparative or rational analysis, or a combination thereof,
624 developed and signed and sealed by a professional engineer or
625 architect, licensed in this state.
626
627 A product evaluation report or a certification mark or listing
628 of an approved certification agency which demonstrates that the
629 product or method or system of construction complies with the
630 Florida Building Code for the purpose intended is equivalent to
631 a test report and test procedure referenced in the Florida
632 Building Code. An application for state approval of a product
633 under subparagraph 1. or 3. must be approved by the department
634 after the commission staff or a designee verifies that the
635 application and related documentation are complete. This
636 verification must be completed within 10 business days after
637 receipt of the application. Upon approval by the department, the
638 product shall be immediately added to the list of state-approved
639 products maintained under subsection (13). Approvals by the
640 department shall be reviewed and ratified by the commission’s
641 program oversight committee except for a showing of good cause
642 that a review by the full commission is necessary. The
643 commission shall adopt rules providing means to cure
644 deficiencies identified within submittals for products approved
645 under this paragraph.
646 Section 18. Section 553.901, Florida Statutes, is amended
647 to read:
648 553.901 Purpose of thermal efficiency code.—The Department
649 of Business and Professional Regulation shall prepare a thermal
650 efficiency code to provide for a statewide uniform standard for
651 energy efficiency in the thermal design and operation of all
652 buildings statewide, consistent with energy conservation goals,
653 and to best provide for public safety, health, and general
654 welfare. The Florida Building Commission shall adopt the Florida
655 Building Code-Energy Conservation Florida Energy Efficiency Code
656 for Building Construction within the Florida Building Code, and
657 shall modify, revise, update, and maintain the code to implement
658 the provisions of this thermal efficiency code and amendments
659 thereto, in accordance with the procedures of chapter 120. The
660 department shall, at least triennially, determine the most cost
661 effective energy-saving equipment and techniques available and
662 report its determinations to the commission, which shall update
663 the code to incorporate such equipment and techniques. The
664 proposed changes shall be made available for public review and
665 comment no later than 6 months before prior to code
666 implementation. The term “cost-effective,” as used in for the
667 purposes of this part, means shall be construed to mean cost
668 effective to the consumer.
669 Section 19. Section 553.902, Florida Statutes, is reordered
670 and amended to read:
671 553.902 Definitions.—As used in For the purposes of this
672 part, the term:
673 (2)(1) “Exempted building” means:
674 (a) A Any building or portion thereof whose peak design
675 rate of energy usage for all purposes is less than 1 watt (3.4
676 Btu per hour) per square foot of floor area for all purposes.
677 (b) A Any building that which is neither heated nor cooled
678 by a mechanical system designed to control or modify the indoor
679 temperature and powered by electricity or fossil fuels.
680 (c) A Any building for which federal mandatory standards
681 preempt state energy codes.
682 (d) A Any historical building as described in s.
683 267.021(3).
684
685 The Florida Building Commission may recommend to the Legislature
686 additional types of buildings which should be exempted from
687 compliance with the Florida Building Code-Energy Conservation
688 Florida Energy Efficiency Code for Building Construction.
689 (4)(2) “HVAC” means a system of heating, ventilating, and
690 air-conditioning.
691 (6)(3) “Renovated building” means a residential or
692 nonresidential building undergoing alteration that varies or
693 changes insulation, HVAC systems, water heating systems, or
694 exterior envelope conditions, if provided the estimated cost of
695 renovation exceeds 30 percent of the assessed value of the
696 structure.
697 (5)(4) “Local enforcement agency” means the agency of local
698 government which has the authority to make inspections of
699 buildings and to enforce the Florida Building Code. The term It
700 includes any agency within the definition of s. 553.71(5).
701 (3)(5) “Exterior envelope physical characteristics” means
702 the physical nature of those elements of a building which
703 enclose conditioned spaces through which energy may be
704 transferred to or from the exterior.
705 (1)(6) “Energy performance level” means the indicator of
706 the energy-related performance of a building, including, but not
707 limited to, the levels of insulation, the amount and type of
708 glass, and the HVAC and water heating system efficiencies.
709 Section 20. Section 553.903, Florida Statutes, is amended
710 to read:
711 553.903 Applicability.—This part applies shall apply to all
712 new and renovated buildings in the state, except exempted
713 buildings, for which building permits are obtained after March
714 15, 1979, and to the installation or replacement of building
715 systems and components with new products for which thermal
716 efficiency standards are set by the Florida Building Code-Energy
717 Conservation Florida Energy Efficiency Code for Building
718 Construction. The provisions of this part shall constitute a
719 statewide uniform code.
720 Section 21. Section 553.904, Florida Statutes, is amended
721 to read:
722 553.904 Thermal efficiency standards for new nonresidential
723 buildings.—Thermal designs and operations for new nonresidential
724 buildings for which building permits are obtained after March
725 15, 1979, must shall at a minimum take into account exterior
726 envelope physical characteristics, including thermal mass; HVAC,
727 service water heating, energy distribution, lighting, energy
728 managing, and auxiliary systems design and selection; and HVAC,
729 service water heating, energy distribution, lighting, energy
730 managing, and auxiliary equipment performance, and are shall not
731 be required to meet standards more stringent than the provisions
732 of the Florida Building Code-Energy Conservation Florida Energy
733 Efficiency Code for Building Construction.
734 Section 22. Section 553.905, Florida Statutes, is amended
735 to read:
736 553.905 Thermal efficiency standards for new residential
737 buildings.—Thermal designs and operations for new residential
738 buildings for which building permits are obtained after March
739 15, 1979, must shall at a minimum take into account exterior
740 envelope physical characteristics, HVAC system selection and
741 configuration, HVAC equipment performance, and service water
742 heating design and equipment selection and are shall not be
743 required to meet standards more stringent than the provisions of
744 the Florida Building Code-Energy Conservation Florida Energy
745 Efficiency Code for Building Construction. HVAC equipment
746 mounted in an attic or a garage is shall not be required to have
747 supplemental insulation in addition to that installed by the
748 manufacturer. All new residential buildings, except those herein
749 exempted, must shall have insulation in ceilings rated at R-19
750 or more, space permitting. Thermal efficiency standards do not
751 apply to a building of less than 1,000 square feet which is not
752 primarily used as a principal residence and which is constructed
753 and owned by a natural person for hunting or similar
754 recreational purposes; however, no such person may not build
755 more than one exempt building in any 12-month period.
756 Section 23. Section 553.906, Florida Statutes, is amended
757 to read:
758 553.906 Thermal efficiency standards for renovated
759 buildings.—Thermal designs and operations for renovated
760 buildings for which building permits are obtained after March
761 15, 1979, must shall take into account insulation; windows;
762 infiltration; and HVAC, service water heating, energy
763 distribution, lighting, energy managing, and auxiliary systems
764 design and equipment selection and performance. Such buildings
765 are shall not be required to meet standards more stringent than
766 the provisions of the Florida Building Code-Energy Conservation
767 Florida Energy Efficiency Code for Building Construction. These
768 standards apply only to those portions of the structure which
769 are actually renovated.
770 Section 24. Section 553.912, Florida Statutes, is amended
771 to read:
772 553.912 Air conditioners.—All air conditioners that are
773 sold or installed in the state must shall meet the minimum
774 efficiency ratings of the Florida Building Code-Energy
775 Conservation Energy Efficiency Code for Building Construction.
776 These efficiency ratings must shall be minimums and may be
777 updated in the Florida Building Code-Energy Conservation Florida
778 Energy Efficiency Code for Building Construction by the
779 department in accordance with s. 553.901, following its
780 determination that more cost-effective energy-saving equipment
781 and techniques are available. It is the intent of the
782 Legislature that all replacement air-conditioning systems in
783 residential applications be installed using energy-saving,
784 quality installation procedures, including, but not limited to,
785 equipment sizing analysis and duct inspection. Notwithstanding
786 this section, existing heating and cooling equipment in
787 residential applications need not meet the minimum equipment
788 efficiencies, including system sizing and duct sealing.
789 Section 25. Section 553.991, Florida Statutes, is amended
790 to read:
791 553.991 Purpose.—The purpose of this part is to identify
792 systems provide for a statewide uniform system for rating the
793 energy efficiency of buildings. It is in the interest of the
794 state to encourage the consideration of the energy-efficiency
795 rating systems system in the market so as to provide market
796 rewards for energy-efficient buildings and to those persons or
797 companies designing, building, or selling energy-efficient
798 buildings.
799 Section 26. Section 553.992, Florida Statutes, is repealed.
800 Section 27. Section 553.993, Florida Statutes, is amended
801 to read:
802 553.993 Definitions.—For purposes of this part:
803 (1) “Acquisition” means to gain the sole or partial use of
804 a building through a purchase agreement.
805 (2) “Builder” means the primary contractor who possesses
806 the requisite skill, knowledge, and experience, and has the
807 responsibility, to supervise, direct, manage, and control the
808 contracting activities of the business organization with which
809 she or he is connected and who has the responsibility to
810 supervise, direct, manage, and control the construction work on
811 a job for which she or he has obtained the building permit.
812 Construction work includes, but is not limited to, foundation,
813 framing, wiring, plumbing, and finishing work.
814 (3) “Building energy-efficiency rating system” means a
815 whole building energy evaluation system established by the
816 Residential Energy Services Network, the Commercial Energy
817 Services Network, the Building Performance Institute, or the
818 Florida Solar Energy Center.
819 (4)(3) “Designer” means the architect, engineer, landscape
820 architect, builder, interior designer, or other person who
821 performs the actual design work or under whose direct
822 supervision and responsible charge the construction documents
823 are prepared.
824 (5) “Energy auditor” means a trained and certified
825 professional who conducts energy evaluations of an existing
826 building and uses tools to identify the building’s current
827 energy usage and the condition of the building and equipment.
828 (6) “Energy-efficiency rating” means an unbiased indication
829 of a building’s relative energy efficiency based on consistent
830 inspection procedures, operating assumptions, climate data, and
831 calculation methods.
832 (7) “Energy rater” means an individual certified by a
833 building energy-efficiency rating system to perform building
834 energy-efficiency ratings for the building type and in the
835 rating class for which the rater is certified.
836 (8)(4) “New building” means commercial occupancy buildings
837 permitted for construction after January 1, 1995, and
838 residential occupancy buildings permitted for construction after
839 January 1, 1994.
840 (9)(5) “Public building” means a building comfort
841 conditioned for occupancy that is owned or leased by the state,
842 a state agency, or a governmental subdivision, including, but
843 not limited to, a city, county, or school district.
844 Section 28. Section 553.994, Florida Statutes, is amended
845 to read:
846 553.994 Applicability.—Building energy-efficiency The
847 rating systems system shall apply to all public, commercial, and
848 residential buildings in the state.
849 Section 29. Section 553.995, Florida Statutes, is amended
850 to read:
851 553.995 Energy-efficiency ratings for buildings.—
852 (1) Building The energy-efficiency rating systems must,
853 system shall at a minimum:
854 (a) Provide a uniform rating scale of the efficiency of
855 buildings based on annual energy usage.
856 (a)(b) Take into account local climate conditions,
857 construction practices, and building use.
858 (b)(c) Be compatible with standard federal rating systems
859 and state building codes and standards, where applicable, and
860 shall satisfy the requirements of s. 553.9085 with respect to
861 residential buildings and s. 255.256 with respect to state
862 buildings.
863 (c)(2) The energy-efficiency rating system adopted by the
864 department shall Provide a means of analyzing and comparing the
865 relative energy efficiency of buildings upon the sale of new or
866 existing residential, public, or commercial buildings.
867 (3) The department shall establish a voluntary working
868 group of persons interested in the energy-efficiency rating
869 system or energy efficiency, including, but not limited to, such
870 persons as electrical engineers, mechanical engineers,
871 architects, public utilities, and builders. The interest group
872 shall advise the department in the development of the energy
873 efficiency rating system and shall assist the department in the
874 implementation of the rating system by coordinating educational
875 programs for designers, builders, businesses, and other
876 interested persons to assist compliance and to facilitate
877 incorporation of the rating system into existing practices.
878 (2)(a)(4) The department shall develop a training and
879 certification program to certify raters. In addition to the
880 department, Ratings may be conducted by a any local government
881 or private entity if, provided that the appropriate persons have
882 completed the necessary training established by the applicable
883 building energy-efficiency rating system and have been certified
884 by the department.
885 (b) The Department of Management Services shall rate state
886 owned or state-leased buildings if, provided that the
887 appropriate persons have completed the necessary training
888 established by the applicable building energy-efficiency rating
889 system and have been certified by the Department of Business and
890 Professional Regulation.
891 (c) A state agency that which has building construction
892 regulation authority may rate its own buildings and those it is
893 responsible for, if the appropriate persons have completed the
894 necessary training established by the applicable building
895 energy-efficiency rating system and have been certified by the
896 Department of Business and Professional Regulation. The
897 Department of Business and Professional Regulation may charge a
898 fee not to exceed the costs for the training and certification
899 of raters. The department shall by rule set the appropriate
900 charges for raters to charge for energy ratings, not to exceed
901 the actual costs.
902 Section 30. Section 553.996, Florida Statutes, is amended
903 to read:
904 553.996 Energy-efficiency information provided by building
905 energy-efficiency rating systems providers brochure.—A
906 prospective purchaser of real property with a building for
907 occupancy located thereon shall be provided with a copy of an
908 information brochure, at the time of or before prior to the
909 purchaser’s execution of the contract for sale and purchase
910 which notifies, notifying the purchaser of the option for an
911 energy-efficiency rating on the building. Building energy
912 efficiency rating system providers identified in this part shall
913 prepare such information and make it available for distribution
914 Such brochure shall be prepared, made available for
915 distribution, and provided at no cost by the department. Such
916 brochure shall contain information relevant to that class of
917 building must include, including, but need not be limited to:
918 (1) How to analyze the building’s energy-efficiency rating.
919 (2) Comparisons to statewide averages for new and existing
920 construction of that class.
921 (3) Information concerning methods to improve the
922 building’s energy-efficiency rating.
923 (4) A notice to residential purchasers that the energy
924 efficiency rating may qualify the purchaser for an energy
925 efficient mortgage from lending institutions.
926 Section 31. Subsection (2) of section 553.997, Florida
927 Statutes, is amended to read:
928 553.997 Public buildings.—
929 (2) The department, together with other State agencies
930 having building construction and maintenance responsibilities,
931 shall make available energy-efficiency practices information to
932 be used by individuals involved in the design, construction,
933 retrofitting, and maintenance of buildings for state and local
934 governments.
935 Section 32. Section 553.998, Florida Statutes, is amended
936 to read:
937 553.998 Compliance.—All ratings must shall be determined
938 using tools and procedures developed by the systems recognized
939 under this part adopted by the department by rule in accordance
940 with chapter 120 and must shall be certified by the rater as
941 accurate and correct and in compliance with procedures of the
942 system under which the rater is certified adopted by the
943 department by rule in accordance with chapter 120.
944 Section 33. Except as otherwise explicitly stated
945 elsewhere, this act shall take effect July 1, 2013.
946
947
948 ================= T I T L E A M E N D M E N T ================
949 And the title is amended as follows:
950 Delete everything before the enacting clause
951 and insert:
952 A bill to be entitled
953 An act relating to building construction; amending s.
954 125.022, F.S.; requiring counties to attach certain
955 disclaimers and include certain permit conditions when
956 issuing development permits; amending s. 162.12, F.S.;
957 revising notice requirements in the Local Government
958 Code Enforcement Boards Act; amending s. 166.033,
959 F.S.; requiring municipalities to attach certain
960 disclaimers and include certain permit conditions when
961 issuing development permits; amending ss. 255.20 and
962 255.2575, F.S.; requiring governmental entities to
963 specify certain products associated with public works
964 projects; providing for applicability; amending s.
965 255.257, F.S.; requiring state agencies to use certain
966 building rating systems and building codes for each
967 new construction and renovation project; amending s.
968 381.0065, F.S.; specifying that certain actions
969 relating to onsite sewage treatment and removal are
970 not required if a bedroom is not added during a
971 remodeling addition or modification to a single-family
972 home; prohibiting a remodeling addition or
973 modification from certain coverage or encroachment;
974 authorizing a local health board to review specific
975 plans; requiring a review to be completed within a
976 specific time period after receipt of specific plans;
977 providing that amendments to s. 489.113(2), F.S.,
978 enacted in s. 11, ch. 2012-13, Laws of Florida, are
979 remedial and intended to clarify existing law;
980 providing for retroactivity; amending s. 489.127,
981 F.S.; revising civil penalties; authorizing a local
982 building department to retain 75 percent of certain
983 fines collected if it transmits 25 percent to the
984 Department of Business and Professional Regulation;
985 amending s. 489.131, F.S.; deleting legislative intent
986 referring to a local agency’s enforcement of
987 regulatory laws; deleting the definitions of “minor
988 violation” and “notice of noncompliance”; deleting
989 provisions that provide for what a notice of
990 noncompliance should or should not include; deleting a
991 provision that provides for further disciplinary
992 proceedings for certain licensees; amending s.
993 489.514, F.S.; extending the date by which an
994 applicant must make application for a license to be
995 grandfathered; amending s. 489.531, F.S.; revising
996 maximum civil penalties for specified violations;
997 amending s. 553.71, F.S.; providing a definition for
998 the term “local technical amendment”; amending s.
999 553.73, F.S.; prohibiting any provision of the
1000 International Residential Code relating to mandated
1001 fire sprinklers from incorporation into the Florida
1002 Building Code; amending s. 553.74, F.S.; revising
1003 membership of the Florida Building Commission;
1004 amending s. 553.79, F.S.; conforming a cross-
1005 reference; authorizing a site plan to be maintained at
1006 the worksite as an electronic copy; requiring the copy
1007 to be open to inspection by certain officials;
1008 amending s. 553.842, F.S.; requiring an application
1009 for state approval of a certain product to be approved
1010 by the department after the application and related
1011 documentation are complete; amending ss. 553.901,
1012 553.902, 553.903, 553.904, 553.905, and 553.906, F.S.;
1013 requiring the Florida Building Commission to adopt the
1014 Florida Building Code-Energy Conservation; conforming
1015 subsequent sections of the thermal efficiency code;
1016 amending s. 553.912, F.S.; requiring replacement air
1017 conditioning systems in residential applications to
1018 use energy-saving quality installation procedures;
1019 providing that certain existing heating and cooling
1020 equipment is not required to meet the minimum
1021 equipment efficiencies; amending s. 553.991, F.S.;
1022 revising the purpose of the Florida Building Energy
1023 Efficiency Rating Act; repealing s. 553.992, F.S.,
1024 relating to the adoption of a rating system; amending
1025 s. 553.993, F.S.; providing definitions; amending s.
1026 553.994, F.S.; providing for the applicability of
1027 building energy-efficiency rating systems; amending s.
1028 553.995, F.S.; deleting a minimum requirement for the
1029 building energy-efficiency rating systems; revising
1030 language; deleting provisions relating to a certain
1031 interest group; deleting provisions relating to the
1032 Department of Business and Professional Regulation;
1033 amending s. 553.996, F.S.; requiring building energy
1034 efficiency rating system providers to provide certain
1035 information; amending s. 553.997, F.S.; deleting a
1036 provision relating to the department; amending s.
1037 553.998, F.S.; revising provisions relating to rating
1038 compliance; providing effective dates.