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

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 141 residence with any person residing therein who is above 15 years 142 of age and informing such person of the contents of the notice; 143 or 144 (d) In the case of commercial premises, leaving the notice 145 with the manager or other person in charge. 146 (2) In addition to providing notice as set forth in 147 subsection (1), at the option of the code enforcement board or 148 the local government, notice may also be served by publication 149 or posting, as follows: 150 (a)1. Such notice shall be published once during each week 151 for 4 consecutive weeks (four publications being sufficient) in 152 a newspaper of general circulation in the county where the code 153 enforcement board is located. The newspaper shall meet such 154 requirements as are prescribed under chapter 50 for legal and 155 official advertisements. 156 2. Proof of publication shall be made as provided in ss. 157 50.041 and 50.051. 158 (b)1. In lieu of publication as described in paragraph 159 (a), such notice may be posted at least 10 days prior to the 160 hearing, or prior to the expiration of any deadline contained in 161 the notice, in at least two locations, one of which shall be the 162 property upon which the violation is alleged to exist and the 163 other of which shall be, in the case of municipalities, at the 164 primary municipal government office, and in the case of 165 counties, at the front door of the courthouse or the main county 166 governmental center in said county. 167 2. Proof of posting shall be by affidavit of the person 168 posting the notice, which affidavit shall include a copy of the Page 6 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 169 notice posted and the date and places of its posting. 170 (c) Notice by publication or posting may run concurrently 171 with, or may follow, an attempt or attempts to provide notice by 172 hand delivery or by mail as required under subsection (1). 173 174 Evidence that an attempt has been made to hand deliver or mail 175 notice as provided in subsection (1), together with proof of 176 publication or posting as provided in subsection (2), shall be 177 sufficient to show that the notice requirements of this part 178 have been met, without regard to whether or not the alleged 179 violator actually received such notice. 180 Section 3. Section 166.033, Florida Statutes, is amended 181 to read: 182 166.033 Development permits.—When a municipality denies an 183 application for a development permit, the municipality shall 184 give written notice to the applicant. The notice must include a 185 citation to the applicable portions of an ordinance, rule, 186 statute, or other legal authority for the denial of the permit. 187 As used in this section, the term "development permit" has the 188 same meaning as in s. 163.3164. For any development permit 189 application filed with the municipality after July 1, 2012, a 190 municipality may not require as a condition of processing or 191 issuing a development permit that an applicant obtain a permit 192 or approval from any state or federal agency unless the agency 193 has issued a final agency action that denies the federal or 194 state permit before the municipal action on the local 195 development permit. Issuance of a development permit by a 196 municipality does not in any way create any right on the part of Page 7 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 197 an applicant to obtain a permit from a state or federal agency 198 and does not create any liability on the part of the 199 municipality for issuance of the permit if the applicant fails 200 to obtain requisite approvals or fulfill the obligations imposed 201 by a state or federal agency or undertakes actions that result 202 in a violation of state or federal law. A municipality shall may 203 attach such a disclaimer to the issuance of development permits 204 and shall may include a permit condition that all other 205 applicable state or federal permits be obtained before 206 commencement of the development. This section does not prohibit 207 a municipality from providing information to an applicant 208 regarding what other state or federal permits may apply. 209 Section 4. Subsection (3) of section 255.20, Florida 210 Statutes, is amended to read: 211 255.20 Local bids and contracts for public construction 212 works; specification of state-produced lumber.— 213 (3)(a) All county officials, boards of county 214 commissioners, school boards, city councils, city commissioners, 215 and all other public officers of state boards or commissions 216 that are charged with the letting of contracts for public work, 217 for the construction of public bridges, buildings, and other 218 structures must specify in the contract lumber, timber, and 219 other forest products produced and manufactured in this state, 220 if wood is a component of the public work, and if such products 221 are available and their price, fitness, and quality are equal. 222 (b) This subsection does not apply: 223 1. To plywood specified for monolithic concrete forms., 224 2. If the structural or service requirements for timber Page 8 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 225 for a particular job cannot be supplied by native species., or 226 3. If the construction is financed in whole or in part 227 from federal funds with the requirement that there be no 228 restrictions as to species or place of manufacture. 229 4. To transportation projects for which federal aid funds 230 are available. 231 Section 5. Subsection (4) is added to section 255.2575, 232 Florida Statutes, to read: 233 255.2575 Energy-efficient and sustainable buildings.— 234 (4)(a) All state agencies, county officials, boards of 235 county commissioners, school boards, city councils, city 236 commissioners, and all other public officers of state boards or 237 commissions that are charged with the letting of contracts for 238 public work, for the construction of public bridges, buildings, 239 and other structures must specify in the contract lumber, 240 timber, and other forest products produced and manufactured in 241 this state, if wood is a component of the public work, and if 242 such products are available and their price, fitness, and 243 quality are equal. 244 (b) This subsection does not apply: 245 1. To plywood specified for monolithic concrete forms. 246 2. If the structural or service requirements for timber 247 for a particular job cannot be supplied by native species. 248 3. If the construction is financed in whole or in part 249 from federal funds with the requirement that there be no 250 restrictions as to species or place of manufacture. 251 4. To transportation projects for which federal aid funds 252 are available. Page 9 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 253 Section 6. Paragraph (a) of subsection (4) of section 254 255.257, Florida Statutes, is amended to read: 255 255.257 Energy management; buildings occupied by state 256 agencies.— 257 (4) ADOPTION OF STANDARDS.— 258 (a) Each All state agency agencies shall use adopt a 259 sustainable building rating system or use a national model green 260 building code for each all new building buildings and renovation 261 renovations to an existing building buildings. 262 Section 7. Paragraph (aa) of subsection (4) of section 263 381.0065, Florida Statutes, is amended to read: 264 381.0065 Onsite sewage treatment and disposal systems; 265 regulation.— 266 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may 267 not construct, repair, modify, abandon, or operate an onsite 268 sewage treatment and disposal system without first obtaining a 269 permit approved by the department. The department may issue 270 permits to carry out this section, but shall not make the 271 issuance of such permits contingent upon prior approval by the 272 Department of Environmental Protection, except that the issuance 273 of a permit for work seaward of the coastal construction control 274 line established under s. 161.053 shall be contingent upon 275 receipt of any required coastal construction control line permit 276 from the Department of Environmental Protection. A construction 277 permit is valid for 18 months from the issuance date and may be 278 extended by the department for one 90-day period under rules 279 adopted by the department. A repair permit is valid for 90 days 280 from the date of issuance. An operating permit must be obtained Page 10 of 37 CODING: Words stricken are deletions; words underlined are additions.