Okaloosa County BOCC — November 16, 2013 — HB 269 2013 — reading text

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 1 2 An act relating to building construction; amending s. 3 125.022, F.S.; requiring counties to attach certain 4 disclaimers and include certain permit conditions when 5 issuing development permits; amending s. 162.12, F.S.; 6 revising notice requirements in the Local Government 7 Code Enforcement Boards Act; amending s. 166.033, 8 F.S.; requiring municipalities to attach certain 9 disclaimers and include certain permit conditions when 10 issuing development permits; amending ss. 255.20 and 11 255.2575, F.S.; requiring governmental entities to 12 specify certain products associated with public works 13 projects; providing for applicability; amending s. 14 255.257, F.S.; requiring state agencies to use certain 15 building rating systems and building codes for each 16 new construction and renovation project; amending s. 17 381.0065, F.S.; specifying that certain actions 18 relating to onsite sewage treatment and removal are 19 not required if a bedroom is not added during a 20 remodeling addition or modification to a single-family 21 home; prohibiting a remodeling addition or 22 modification from certain coverage or encroachment; 23 authorizing a local health board to review specific 24 plans; requiring a review to be completed within a 25 specific time period after receipt of specific plans; 26 providing that amendments to s. 489.113(2), F.S., 27 enacted in s. 11, ch. 2012-13, Laws of Florida, are 28 remedial and intended to clarify existing law; Page 1 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 29 providing for retroactivity; amending s. 489.127, 30 F.S.; revising civil penalties; authorizing a local 31 building department to retain 75 percent of certain 32 fines collected if it transmits 25 percent to the 33 Department of Business and Professional Regulation; 34 amending s. 489.131, F.S.; deleting legislative intent 35 referring to a local agency's enforcement of 36 regulatory laws; deleting the definitions of "minor 37 violation" and "notice of noncompliance"; deleting 38 provisions that provide for what a notice of 39 noncompliance should or should not include; deleting a 40 provision that provides for further disciplinary 41 proceedings for certain licensees; amending s. 42 489.514, F.S.; extending the date by which an 43 applicant must make application for a license to be 44 grandfathered; amending s. 489.531, F.S.; revising 45 maximum civil penalties for specified violations; 46 amending s. 553.71, F.S.; providing a definition for 47 the term "local technical amendment"; amending s. 48 553.73, F.S.; prohibiting any provision of the 49 International Residential Code relating to mandated 50 fire sprinklers from incorporation into the Florida 51 Building Code; amending s. 553.74, F.S.; revising 52 membership of the Florida Building Commission; 53 amending s. 553.79, F.S.; conforming a cross- 54 reference; authorizing a site plan to be maintained at 55 the worksite as an electronic copy; requiring the copy 56 to be open to inspection by certain officials; Page 2 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 57 amending s. 553.842, F.S.; requiring an application 58 for state approval of a certain product to be approved 59 by the department after the application and related 60 documentation are complete; amending ss. 553.901, 61 553.902, 553.903, 553.904, 553.905, and 553.906, F.S.; 62 requiring the Florida Building Commission to adopt the 63 Florida Building Code-Energy Conservation; conforming 64 subsequent sections of the thermal efficiency code; 65 amending s. 553.912, F.S.; requiring replacement air 66 conditioning systems in residential applications to 67 use energy-saving quality installation procedures; 68 providing that certain existing heating and cooling 69 equipment is not required to meet the minimum 70 equipment efficiencies; amending s. 553.991, F.S.; 71 revising the purpose of the Florida Building Energy- 72 Efficiency Rating Act; repealing s. 553.992, F.S., 73 relating to the adoption of a rating system; amending 74 s. 553.993, F.S.; providing definitions; amending s. 75 553.994, F.S.; providing for the applicability of 76 building energy-efficiency rating systems; amending s. 77 553.995, F.S.; deleting a minimum requirement for the 78 building energy-efficiency rating systems; revising 79 language; deleting provisions relating to a certain 80 interest group; deleting provisions relating to the 81 Department of Business and Professional Regulation; 82 amending s. 553.996, F.S.; requiring building energy- 83 efficiency rating system providers to provide certain 84 information; amending s. 553.997, F.S.; deleting a Page 3 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 85 provision relating to the department; amending s. 86 553.998, F.S.; revising provisions relating to rating 87 compliance; providing effective dates. 88 89 Be It Enacted by the Legislature of the State of Florida: 90 91 Section 1. Section 125.022, Florida Statutes, is amended 92 to read: 93 125.022 Development permits.—When a county denies an 94 application for a development permit, the county shall give 95 written notice to the applicant. The notice must include a 96 citation to the applicable portions of an ordinance, rule, 97 statute, or other legal authority for the denial of the permit. 98 As used in this section, the term "development permit" has the 99 same meaning as in s. 163.3164. For any development permit 100 application filed with the county after July 1, 2012, a county 101 may not require as a condition of processing or issuing a 102 development permit that an applicant obtain a permit or approval 103 from any state or federal agency unless the agency has issued a 104 final agency action that denies the federal or state permit 105 before the county action on the local development permit. 106 Issuance of a development permit by a county does not in any way 107 create any rights on the part of the applicant to obtain a 108 permit from a state or federal agency and does not create any 109 liability on the part of the county for issuance of the permit 110 if the applicant fails to obtain requisite approvals or fulfill 111 the obligations imposed by a state or federal agency or 112 undertakes actions that result in a violation of state or Page 4 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  ENROLLED CS/CS/HB 269, Engrossed 1 2013 Legislature 113 federal law. A county shall may attach such a disclaimer to the 114 issuance of a development permit and shall may include a permit 115 condition that all other applicable state or federal permits be 116 obtained before commencement of the development. This section 117 does not prohibit a county from providing information to an 118 applicant regarding what other state or federal permits may 119 apply. 120 Section 2. Section 162.12, Florida Statutes, is amended to 121 read: 122 162.12 Notices.— 123 (1) All notices required by this part must be provided to 124 the alleged violator by: 125 (a) Certified mail, return receipt requested, to the 126 address listed in the tax collector's office for tax notices, or 127 to the address listed in the county property appraiser's 128 database. The local government may also provide an additional 129 notice to any other address it may find for provided by the 130 property owner in writing to the local government for the 131 purpose of receiving notices. For property owned by a 132 corporation, notices may be provided by certified mail to the 133 registered agent of the corporation. If any notice sent by 134 certified mail is not signed as received within 30 days after 135 the postmarked date of mailing, notice may be provided by 136 posting as described in subparagraphs (2)(b)1. and 2.; 137 (b) Hand delivery by the sheriff or other law enforcement 138 officer, code inspector, or other person designated by the local 139 governing body; 140 (c) Leaving the notice at the violator's usual place of Page 5 of 37 CODING: Words stricken are deletions; words underlined are additions. hb0269-04-er F L O R I