Okaloosa County BOCC — November 16, 2013 — reading text

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 Packet Pg. 57 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 Packet Pg. 58 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 Packet Pg. 59 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 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 Packet Pg. 60 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 Packet Pg. 61 F L O R I D A