Loading...
CLB Backup 06/19/2013 CONTRACTORS LICENSING BOARD Backup Does June 19 , 2013 r COLLIER COUNTY CONTRACTORS' LICENSING BOARD AGENDA JUNE 19, 2013 9:00 A.M. COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING BOARD OF COUNTY COMMISSIONERS CHAMBERS ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: April 17, 2013 V. DISCUSSION: VI. NEW BUSINESS: (A) Edward G. Ernst — Contesting Citation(s) (B) Robert M. Gallagher — Waiver of Examination(s) (C) James Hardy — Waiver of Examination(s) (D) Nathan J. Hinz — Review Of Credit Report(s) VII. OLD BUSINESS: (A) Victor Treissa DBA Kitchen Installations of SWFL, LLC. (B) Orders of the Board VIII. PUBLIC HEARINGS: (A) Case # 2013 -07 — Albert J. Scott — D /B /A - Beaumont Communications Inc. IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY, JULY 17, 2013 COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING THIRD FLOOR IN COMMISSIONERS CHAMBERS 3299 E. TAMIAMI TRAIL NAPLES, FL 34112 Fj Iff Merit CreditINC Fast, Accurate & Secure. MERIT CREDIT HAS RETRIEVED THE ABOVE BUSINESS REPORT FOR LICENSING PURPOSES AS REQUESTED BY THE BUSINESS OWNER /PROPRIETOR. PUBLIC RECORDS FOR THIS REPORT HAVE BEEN CHECKED AND VERIFIED AT THE COUNTY (INCLUDING PINELLAS), STATE AND FEDERAL LEVELS. PUBLIC RECORDS LEARNED: 0 SOURCES OF INFORMATION: EXPERIAN BUSINESS INFORMATION SERVICES IRS LIEN SECTION COUNTY COURTHOUSE RECORDS IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT, PLEASE CONTACT MERIT CREDIT AT: 1- 800- 371 -3348 OR 239 - 277 -3202. COMPANY NAME: CLEAR CHOICE WINDOWS AND MORE, INC FEDERALID:201200721 CURRENT STATUS: ACTIVE - PRINCIPAL(S): JAMES HARDY TITLE: PRESIDENT PAUL HARDY TITLE: VICE PRESIDENT DATE INCORPORATED: 06/01/2004 _, Business Profile - CLEAR CHOICE WINDOWS & MORE, INC s sr • Subcode: 970135 Ordered: 05/07/2013 13:48:17 CST Transaction Number: 0510208008 11: � �Xp ���G Search Inquiry: CLEAR CHOICE WINDOWS AND MORE, INC/12775 STARKEY A world of insight ROAD /LAR GO/FU33373/201200721 This information is the primary name and address for the business you inquired on. All data in this report pertains to the business. CLEAR CHOICE WINDOWS & MORE, INC Business Identification Number: 845263687 12775 Starkey Rd Ste A Experian File Established: 06/2004 Largo, FL 33773 -1436 Date of Incorporation: 06/12/2004 (727) 532 -4010 SIC Code: Windows - 5211 Tax ID: 20- 1200721 Bankruptcy filings: Tax lien filings: Judgment filings: Total collections: Sum of legal filings: UCC filings: Cautionary UCC filings present? 0 DBT ($4,500 Balance) r 80% 11% 9% % of US businesses falling within DBT range DBT Norms: All industries: 10 DBT Same industry: 10 DBT 0 Monthly average DBT: 0 0 Highest DBT previous 6 months: 0 0 Highest DBT previous 5 quarters: 0 0 Total continuous trades: 5 $0 Current continuous trade balance: $4,500 0 Trade balance of all trades (8): $9,500 No Average balance previous 5 quarters: $4,000 Highest credit amount extended: details $7,100 6 month balance range: $2,200 - $5,700 Predicted DBT for 07/03/2013: 1 DBT Payment Trend Indication: Are Stable Industry payment comparison: Has paid sooner than 50% similar firms Most Frequent Industry Purchasing Terms: NET 30, REVOLVE, and CREDIT Days Beyond Terms (DBT) is a dollar weighted calculation of the average number of days that payment was made beyond the invoice due date based on trades nn file that have been updated in the previous 3 months. 90+ 60 30 0 0 0 0 0 0 1012 2Q12 3Q12 4Q12 1Q13 Business Profile - CLEAR CHOICE WINDOWS & MORE, INC 1/3 Category Reported Sale Terms High Credit Balance Cur 1 -30 31 -60 61 -90 91+ Comments ADVERTISNG 04/2013 100% NET 30 $6,000 $900 100% PROMPT BLDG MATRL 02/2013 01/2013 NET 30 $3,200 $2,700 100% CONSTRUCTN 03/2013 $4,400 NET 30 DEC12 $0 0 FINCL SVCS 05/2013 04/2013 NET 30 $7,100 =. $900 100% OFFC EQUIP 04/2013 11/2012 REVOLVE $100 $0 Tae 0 TOP 0 TOP Date Reported Industry Cur DBT Business DBT Balance Cur 1 -30 31-60 61 -90 91+ CURRENT N/A N/A 0 $4,500 100% MAR13 83% 10 0 $3,500 100% FIG13 02% 11 0 $5,500 1001/%. JAN13 82% 10 0 $4,400 100% DEC12 83% 10 0 $2,900 100% NOV12 80% 14 0 $3,600 100% OCT12 79% 12 0 $2,400 100% =-- TEMP THE FOLLOWING INFORMATION WAS PROVIDED BY THE STATE OF FLORIDA. State of Origin: FL Date of Incorporation: 06/12/2004 Current Status: Active Business Type: Institutions - Profit Charter Number: P040000853 Federal Tax ID: 20- 1200721 Agent: HARDY JAMES SOWNER Agent Address: 12505 STARKEY ROAD LARGO, FL Key Personnel Principal(s): JAMES HARDY, PRESIDENT SCOTT STEINDORFF, PRESIDENT Operating information Business Type: Institutions Primary SIC Code: WINDOWS - 5211 Secondary SIC Code: BUSINESS SERVICES, NEC - 7389 Additional SIC Code: 7699 - 5031 Number of Employees: 4 Sales: $1,938,000 TOP Experian prides itself on the depth and accuracy of the data maintained on our databases. Reporting your customer's payment behavior to Experian will further strengthen and enhance the power of the information available for making sound credit decisions. Give credit where credit is due. Call 1- 800- 520 -1221, option #4 for more information. End of report 1 of 1 report The information herein is furnished in confidence for your exclusive use for legitimate business purposes and shall not be reproduced. Neither Experian Information Solutions, Inc., nor their sources or distributors warrant such information nor shall thev be liable for your use or reliance upon it. © Experian 2013. All rights reserved. Privacy policy. Experian and the Experian marks herein are service marks or registered trademarks of Experian. Business Profile - CLEAR CHOICE WINDOWS & MORE, INC 313 9 Y Y MAY o 9 2013 Prepared By: Merit Credit (239) 277 -3202 (��✓ (800) 371 -3348 TRANSUNION CREDI eORT [FOR] [SUB NAME] [MKT SUB] [INFILE] [DATE] [TIME] (I) Z NP6284423 MERIT CREDIT 16 ST 10/86 05/07/13 13:51CT [SUBJECT] rczgiq [BIRTH DATE] HARDY, JAMES S. 9950 9/66 [CURRENT ADDRESS] [DATE RPTD] 2885 S. SWEETGUM WY., CLEARWATER FL. 33761 3/05 [FORMER ADDRESS] 12775 STARKEY RD., #A. LARGO FL. 33773 11 /10 12505 STARKEY RD., #H. LARGO FL. 33773 ---------------------------------------------------------------------------- M 0 D E L P R O F I L E * * * A L E R T * ** * * *FICO CLASSIC 04 ALERT: SCORE +679 : 018, 013, 030, 012 * ** IN ADDITION * * *TO THE FACTORS LISTED ABOVE, THE NUMBER OF INQUIRIES ON THE CONSUMER'S ** *CREDIT FILE HAS ADVERSELY AFFECTED THE CREDIT SCORE. ---------------------------------------------------------------------------- C R E D I T S U M M A R Y * ** T 0 T A L F I L E H I S T O R Y PR =O COL =O NEG =O HSTNEG =3 -3 TRD =19 RVL =13 INST =3 MTG =3 OPN =O INQ =2 HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY PAY AVAILABLE REVOLVING: $39.5K $91.9K $10.6K $0 $186 88% INSTALLMENT: $68.OK $ $55.6K $0 $1134 MORTGAGE: $238K $ $199K $0 $2270 TOTALS: $345K $91.9K $266K $0 $3590 ---------------------------------------------------------------------------- T R A D E S SUBNAME SUBCODE OPENED AIGIICRED 12L';i.'MS MAXDELQ PAYPAT 1 -12 MOP AC_C_OUNT# VERFIED CREDLIM PASTDUE AMT -MOP PAYPAT 13 -24 ECOA COLLATRL /LOANTYPE CLSD /PD BALANCE REMARKS MO 30/60/90 ALLY FINCL F 259237N 5/12 $68.OK 60M1134 11111111111 I01 611918650492 5/13A $0 I AUTOMOBILE $55.6K 11 0/ 0/ 0 DISCOVER FIN B 9616003 5/08 $4651 MIN91 1111111111X1 RO1 601139858384 4/13A $12.9K $0 111111111111 I CREDIT CARD $3029 43 0/ 0/ 0 CAP ONE B lDTV001 8/04 $5731 MIN27 111111111111 RO1 480213265477 4/13A $8000 $0 111111111111 I BUSINESS CREDIT C $2766 48 0/ 0/ 0 DISCOVER FIN B 9616003 12/03 $5187 MIN35 111111111111 R01 601129863103 4/13A $10.OK $0 111111111111 I CREDIT CARD $329 48 1/ 0/ 0 AMEX B 21WB00l 2/99 $3442 111111111111 R01 3499911686767653 4/13A $27.1K $0 111111111111 I CREDIT CARD $2831 48 0/ 0/ 0 CHASE B 26QK001 3/10 $4696 MIN33 112111111111 RO1 414720212449 4/13A $8000 $0 111111111111 I FLEXIBLE SPENDING $1691 36 1/ 0/ 0 CHASE B 26QK001 10/02 $9024 111111111111 R01 426685101602 4/13A $12.4K $0 111111111111 I CREDIT CARD 1 /08P $0 48 0/ 0/ 0 GECRB /SAMSDC B 235061D 6/07 $3424 111111111111 RO1 601136106675 4/13A $10.OK $0 111111111111 I CREDIT CARD 2/13P $0 48 1/ 0/ 0 REGIONSBANK B 2DPZ001 12/04 $3372 111111111111 RO1 410064020561 4/13A $3500 $0 111111111111 I CREDIT CARD 11 /lOP $0 48 0/ 0/ 0 CHASE B 1127001 2/05 $238K 360M2270 111111111111 MO1 4651689792707 3/13A $0 111111111111 I CONVENTIONAL REAL $199K 48 O/ 0/ 0 GMAC Q 2592672 5/06 $49.9K 48M1150 111111111111 I01 29909421841 6 /10A $0 111111111111 I AUTOMOBILE 6/10C $0 CLOSED 47 0/ o/ 0 TARGET N.B. D 1ZX5001 6/04 $505 111111111111 R01 435237169869 4 /10A $10.OK $0 111111111111 I CREDIT CARD 12/07C $0 CLOSED 48 0/ 0/ 0 CHASE B 26QK001 12/98 $12.OK 111111111111 RO1 541712485290 12/08A $26.5K $0 111111111111 I CREDIT CARD 11 /08C $0 CLOSED 48 0/ 0/ 0 SUMITMTG Q 1SAH002 6/03 $25.9K 60M503 111111111111 Iol 90083030 11 /07A $0 111111111111 I AUTOMOBILE 11 /07C $0 CLOSED 48 0/ o/ 0 CANANDNB B 84'/N008 1/02 $1000 X1lXXX1X111X Col 110118 1 /06A $1000 $0 1111111XX1X1 C LINE OF CREDIT 1 /05C $0 CLOSED 48 0/ 0/ 0 CHASE B 1ULY004 7/96 $55.5K 360M771 111111111111 MOl 1508017173926 8/04A $0 111111111111 I FIiA REAL ESTATE M 8/04C $0 CLOSED 48 0/ 0/ 0 ABN -AMRO B 624Y004 1/98 $l12K 360M12'/5 111111111111 MO1 3300602080925 7/04A $0 111111111111 P FRD717575965 7/04C $0 CLOSED 48 0/ 0/ 0 GECRB /SONYPR B 9992184 11 /00 $525 111111111111 RO1 504677000285 9/03A $1500 $0 11111111111 I SLDTO HOUSEHOLD B 9/03C $0 PURCH BY OTHER LENDER 33 0/ o/ 0 GECRB /SONYPR B 9992184 8/02 $2310 111111111111 RO1 504677000333 9/03A $5500 $0 I SLDTO HOUSEHOLD B 9/03C $0 PURCH BY OTHER LENDER 12 0/ 0/ 0 ---------------------------------------------------------------------------- I N Q U I R I E S DATE SUBCODE SUBNAME TYPE AMOUNT 5/07/13 ZNP6284423(FLA) MERIT CREDIT I FLEXIBLE SPENDING $1691 36 l/ 0/ 0 CHASE B 26QK001 10/02 $9024 111111111111 R01 426685101602 4/13A $12.4K $0 111111111111 I CREDIT CARD 1 /08P $0 48 O/ 0/ 0 GECRB /SAMSDC B 235061D 6/07 $3424 111111111111 R01 601136106675 4/13A $10.OK $0 111111111111 I CREDIT CARD 2/13P $0 48 l/ 0/ 0 REGIONSBANK B 2DPZ001 12/04 $3372 111111111111 ROl 410064020561 4/13A $3500 $0 111111111111 I CREDIT CARD 11 /lOP $0 48 0/ 0/ 0 CHASE B 1127001 2/05 $238K 360M2270 111111111111 M01 4651689792707 3/13A $0 111111111111 I CONVENTIONAL REAL $199K 48 O/ 0/ 0 GMAC Q 2592672 5/06 $49.9K 48M1150 111111111111 I01 29909421841 6 /10A $0 111111111111 I AUTOMOBILE 6/10C $0 CLOSED 47 0/ O/ 0 TARGET N.B. D 1ZX5001 6/04 $505 111111111111 R01 435237169869 4 /10A $10.OK $0 111111111111 I CREDIT CARD 12/07C $0 CLOSED 48 0/ 0/ 0 CHASE B 26QK001 12/98 $12.OK 111111111111 R01 541712485290 12/08A $26.5K $0 111111111111 I CREDIT CARD 11 /08C $0 CLOSED 48 0/ 0/ 0 SUMITMTG Q 1SAH002 6/03 $25.9K 60M503 111111111111 I01 90083030 11 /07A $0 111111111111 I AUTOMOBILE 11 /07C $0 CLOSED 48 0/ 0/ 0 CANANDNB B 84'/NO08 1/02 $1000 X11XXXiX111X CO1 110118 1 /06A $1000 $0 1111111XX1X1 C LINE OF CREDIT 1 /05C $0 CLOSED 48 0/ 0/ 0 CHASE B 1ULY004 7/96 $55.5K 360M771 111111111111 MOl 1508017173926 8/04A $0 111111111111 I FIiA REAL ESTATE M 8 /04C $0 CLOSED 48 0/ 0/ 0 ABN -AMRO B 624P004 1/98 $112K 360M12'/5 111111111111 MOl 33006020110925 7/04A $0 111111111111 P FRD717575965 7/04C $0 CLOSED 48 0/ 0/ 0 GECRB /SONYPR B 9992184 11 /00 $525 111111111111 R01 504677000285 9/03A $1500 $0 11111111111 I SLDTO HOUSEHOLD B 9/03C $0 PURCH BY OTHER LENDER 33 0/ 0/ 0 GECRB /SONYPR B 9992184 8/02 $2310 111111111111 R01 504677000333 9/03A $5500 $0 I SLDTO HOUSEHOLD B 9/03C $0 PURCH BY OTHER LENDER 12 0/ 0/ 0 ---------------------------------------------------------------------------- I N Q U I R I E S DATE SUBCODE SUBNAME TYPE AMOUNT 5/07/13 ZNP6284423(FLA) MERIT CREDIT 2/19/13 ZNP6284423(FLA) MERIT CREDIT ---------------------------------------------------------------------------- C R E D I T R E P O R T S E R V I C E D B Y TRANSUNION 800 - 888 -4213 2 BALDWIN PLACE P.O. BOX 1000,CHESTER, PA 19022 Consumer disclosures can be obtained online through TransUnion at: http: / /www.transunion.com ---------------------------------------------------------------------------- CREDITOR CONTACT INFORMATION ALLY FINCL FA259237N (800) 925 -2559 P.O. BOX 380901 BLOOMINGTON MN. 55438 DISCOVER FIN BC9616003 POB 15316 WILMINGTON DE. 19850 CAP ONE BClDTV001 (800) 955 -7070 POB 30281 SALT LAKE CITY UT. 84130 AMEX BC21WB001 (800) 874 -2717 P.O. BOX 981537 EL PASO TX. 79998 CHASE BC26QK001 (800) 955 -9900 P.O. BOX 15298 WILMINGTON DE. 19850 GECRB /SAMSDC BC235061D (800) 964 -1917 PO BOX 965005 ORLANDO FL. 32896 REGIONSBANK BC2DPZ001 2050 PARKWAY OFFIC HOOVER AL. 35244 CHASE BM1127001 (800) 848 -9136 PO BOX 24696 COLUMBUS OH. 43224 GMAC QZ2592672 (800) 200 -4622 P.O. BOX 380901 BLOOMINGTON MN. 55438 TARGET N.B. DZlZX5001 PO BOX 673 MINNEAPOLIS MN. 55440 SUMITMTG QUlSAH002 (585) 453 -7000 CANAL PONDS BUS PK ROCHESTER NY. 14626 CANANDNB BO847N008 (716) 394 -4260 72 S MAIN ST CANANDAIGUA NY. 14424 CHASE RMITIT.Y004 (800) 848 -9136 PO BOX 24696 COLUMBUS OH. 43224 ABN -AMRO BM624P004 PO BOX 9438 GAITHERSBURG MD. 20898 GECRB /SONYPR BC9992184 (866) 396 -8254 C/O PO BOX 965036 ORLANDO FL. 32896 END OF TRANSUNION REPORT MERIT CREDIT HAS RETRIEVED THE ABOVE 2ERSONAL CREDIT REPORT FOR LICENSING PURPOSES AS REQUESTED BY THE BUSINESS OWNER /PROPRIETOR. PUBLIC RECORDS FOR THIS REPORT HAVE BEEN CHECKED AND VERIFIED AT THE COUNTY, STATE AND FEDERAL LEVELS. PUBLIC RECORDS HAVE ALSO BEEN VERIFIED FOR PINELLAS COUNTY. PUBLIC RECORDS LEARNED SOURCES OF INFORMATION: TRANS UNION LLC IRS LIEN SECTION COUNTY COURTHOUSE RECORDS IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT, PLEASE CONTACT MERIT CREDIT AT: 1- 800 - 371 -3348 OR (239) 277 -3202. CHAPTER 2013 -193 Committee Substitute for Committee Substitute for House Bill No. 269 An act relating to building construction; amending s. 125.022, F.S.; requiring counties to attach certain disclaimers and include certain permit condi- tions when issuing development permits; amending s. 162.12, F.S.; revising notice requirements in the Local Government Code Enforcement Boards Act; amending s. 166.033, F.S.; requiring municipalities to attach certain disclaimers and include certain permit conditions when issuing development permits; amending ss. 255.20 and 255.2575, F.S.; requiring governmental entities to specify certain products associated with public works projects; providing for applicability; amending s. 255.257, F.S.; requiring state agencies to use certain building rating systems and building codes for each new construction and renovation project; amending s. 381.0065, F.S.; specifying that certain actions relating to onsite sewage treatment and removal are not required if'a bedroom is not added during a remodeling addition or modification to a single - family home; prohibiting a remodeling addition or modification from certain coverage or encroach- ment; authorizing a local health board to review specific plans; requiring a review to be completed within a specific time period after receipt of specific plans; providing that amendments to s. 489.113(2), F.S., enacted in s. 11, ch. 2012 -13, La'w's of Florida, are remedial and intended to clarify existing law; providing for retroactivity; amending s. 489.127, F.S.; revising civil penalties; authorizing a local building department to retain 75 percent of certain fines collected if it transmits 25 percent to the Department of Business and Professional Regulation; amending s. 489.131, F.S.; deleting legislative intent referring to a local agency's enforcement of regulatory laws; deleting the definitions of "minor violation" and "notice of noncom- pliance"; deleting provisions that provide for what a notice of noncom- pliance should or should not include; deleting a provision that provides for further disciplinary proceedings for certain licensees; amending S. 489.514, F.S.; extending the date by which an applicant must make application for a license to be grandfathered; amending s. 489.531, F.S.; revising maximum civil penalties for specified violations; amending s. 553.71, F.S.; providing a definition for the term "local technical amendment "; amending s. 553.73, F.S.; prohibiting any provision of the International Residential Code relating to mandated fire sprinklers from incorporation into the Florida Building Code; amending s. 553.74, F.S.; revising membership of the Florida Building Commission; amending s. 553.79, F.S.; conforming a cross- reference; authorizing a site plan to be maintained at the worksite as an electronic copy; requiring the copy to be open to inspection by certain officials; amending s. 553.842, F.S.; requiring an application for state approval of a certain product to be approved by the department after the application and related documentation are complete; amending ss. 553.901, 553.902, 553.903, 553.904, 553.905, and 553.906, F.S.; requiring the Florida Building Commission to adopt the Florida Building Code- 1 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 Energy Conservation; conforming subsequent sections of the thermal efficiency code; amending s. 553.912, F.S.; requiring replacement air conditioning systems in residential applications to use energy - saving quality installation procedures; providing that certain existing heating and cooling equipment is not required to meet the minimum equipment efficiencies; amending s. 553.991, F.S.; revising the purpose of the Florida Building Energy - Efficiency Rating Act; repealing s. 553.992, F.S., relating to the adoption of a rating system; amending s. 553.993, F.S.; providing definitions; amending s. 553.994, F.S.; providing for the applicability of building energy - efficiency rating systems; amending s. 553.995, F.S.; deleting a minimum requirement for the building energy - efficiency rating systems; revising language; deleting provisions relating to a certain interest group; deleting provisions relating to the Department of Business and Professional Regulation; amending s. 553.996, F.S.; requiring building energy - efficiency rating system providers to provide certain information; amending s. 553.997, F.S.; deleting a provision relating to the department; amending s. 553.998, F.S.; revising provisions relating to rating compli- ance; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.022, Florida Statutes, is amended to read: 125.022 Development permits. —When a county denies an application for a development permit, the county shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. For any development permit application filed with the county after July 1, 2012, a county may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the county action on the local development permit. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A county shall rfiff attach such a disclaimer to the issuance of a development permit and shall may include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. This section does not prohibit a county from providing information to an applicant regarding what other state or federal permits may apply. Section 2. Section 162.12, Florida Statutes, is amended to read: 162.12 Notices.— 2 CODING: Words str- iel£en are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (1) All notices required by this part must be provided to the alleged violator by: (a) Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices; or to the address listed in the county property appraiser's database The local government may also provide an additional notice to any other address it may find for provided by the property owner in wfiting to the leeal govenunent for- the purpose of . For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.; (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board or the local government, notice may also be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)1. In lieu of publication as described in paragraph (a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said crnmty. 2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1). 3 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Section 3. Section 166.033, Florida Statutes, is amended to read: 166.033 Development permits. —When a municipality denies an applica- tion for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in this section, the term "development permit" has the same meaning as in s. 163.3164. For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality ahAu may attach such a disclaimer to the issuance of development permits and shall may include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply. Section 4. Subsection (3) of section 255.20, Florida Statutes, is amended to read: 255.20 Local bids and contracts for public construction works; specifica- tion of state - produced lumber. - (3)La) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal. This subsection does not apply: 1. To plywood specified for monolithic concrete forms_; 4 CODING: Words striel£en are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 2. If the structural or service requirements for timber for a particular job cannot be supplied by native species,-,,r 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available Section 5. Subsection (4) is added to section 255.2575, Florida Statutes, to read: 255.2575 Energy - efficient and sustainable buildings. — (4)(a) All state agencies, county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness and quality are equal. (b) This subsection does not apply 1. To plyw -Qod specified for monolithic concrete forms. 2. If the structural or service requirements for timber for a particular job cannot be supplied by nativespecies. 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available. Section 6. Paragraph (a) of subsection (4) of section 255.257, Florida Statutes, is amended to read: 255.257 Energy management; buildings occupied by state agencies.— (4) ADOPTION OF STANDARDS. — (a) Each Allstate ,agency agencies shall ,83.E adopt a sustainable building rating system or use a national model green building code for each an new building buildings and renovation renovations to an existing building bum. Section 7. Paragraph (aa) of subsection (4) of section 381.0065, Florida Statutes, is amended to read: 381.0065 Onsite sewage treatment and disposal systems; regulation. - 5 CODING: Words striel£en are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (4) PERMITS; INSTALLATION; AND CONDITIONS. —A person may not construct, repair, modify, abandon, or operate an onsite sewage treatment and disposal system without first obtaining a permit approved by the department. The department may issue permits to carry out this section, but shall not make the issuance of such permits contingent upon prior approval by the Department of Environmental Protection, except that the issuance of a permit for work seaward of the coastal construction control line established under s. 161.053 shall be contingent upon receipt of any required coastal construction control line permit from the Department of Environmental Protection. A construction permit is valid for 18 months from the issuance date and may be extended by the department for one 90 -day period under rules adopted by the department. A repair permit is valid for 90 days from the date of issuance. An operating permit must be obtained prior to the use of any aerobic treatment unit or if the establishment generates commercial waste. Buildings or establishments that use an aerobic treat- ment unit or generate commercial waste shall be inspected by the depart- ment at least annually to assure compliance with the terms of the operating permit. The operating permit for a commercial wastewater system is valid for 1 year from the date of issuance and must be renewed annually. The operating permit for an aerobic treatment unit is valid for 2 years from the date of issuance and must be renewed every 2 years. If all information pertaining to the siting, location, and installation conditions or repair of an onsite sewage treatment and disposal system remains the same, a construction or repair permit for the onsite sewage treatment and disposal system may be transferred to another person, if the transferee files, within 60 days after the transfer of ownership, an amended application providing all corrected information and proof of ownership of the property. There is no fee associated with the processing of this supplemental information. A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal system without being registered under part III of chapter 489. A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner - occupied single - family residence is exempt from registration requirements for performing such construction, mainte- nance, or repairs on that residence, but is subject to all permitting requirements. A municipality or political subdivision of the state may not issue a building or plumbing permit for any building that requires the use of an onsite sewage treatment and disposal system unless the owner or builder has received a construction permit for such system from the department. A building or structure may not be occupied and a municipality, political subdivision, or any state or federal agency may not authorize occupancy until the department approves the final installation of the onsite sewage treatment and disposal system. A municipality or political subdivision of the state may not approve any change in occupancy or tenancy of a building that uses an onsite sewage treatment and disposal system until the department has reviewed the use of the system with the proposed change, approved the change, and amended the operating permit. 6 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (aa) An existing - system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single - family home if a bedroom is not added. However, a remodeline addition or modification to a single - family home may not cover any part of the existing system or encroach upon a required setback or the unobstructed area. To determine if a setback or the unobstructed area is impacted, the local health department shall review and verify a floor plan and site 1p an of the proposed remodeling addition or modification to the home submitted by a remodeler which shows the location of the system, including the distance of the remodeling addition or modification to the home from the onsite sewage treatment and disposal system. The local health department may visit the site or otherwise determine the best means of verifying the information submitted. A verification of the location of a system is not an inspection or evaluation and assessment of the system. The review and verification must be completed within 7 business days after receipt by the local health department of a floor plan and site plan If the review and verification is not completed within such time, the remodeling_ addition or modification to the single - family home, for the purposes of this paragraph, is approved Section 8. The amendments to s. 489.113(2), Florida Statutes, by section 11 of chapter 2012 -13. Laws of Florida, are remedial in nature and intended to clarify existing law. This section applies retroactively to any action initiated or pending on or after March 23, 2012 Section 9. Paragraphs (c) and (f) of subsection (5) and subsection (6) of section 489.127, Florida Statutes, are amended to read: 489.127 Prohibitions; penalties. — (5) Each county or municipality may, at its option, designate one or more of its code enforcement officers, as defined in chapter 162, to enforce, as set out in this subsection, the provisions of subsection (1) and s. 489.132(1) against persons who engage in activity for which a county or municipal certificate of competency or license or state certification or registration is required. (c) The local governing body of the county or municipality may is authorized to enforce codes and ordinances against unlicensed contractors under the provisions of this subsection and may enact an ordinance establishing procedures for implementing this subsection, including a schedule of penalties to be assessed by the code enforcement officer. The maximum civil penalty which may be levied may shall not exceed $2,000 $608. Moneys collected pursuant to this subsection shall be retained locally, as provided for by local ordinance, and may be set aside in a specific fund to support future enforcement activities against unlicensed contractors. (f) If the enforcement or licensing board or designated special magistrate finds that a violation exists, the enforcement or licensing board or designated special magistrate may order the violator to pay a civil penalty of not less 7 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 than the amount set forth on the citation but not more than $2,500 $4;900 per day for each violation. In determining the amount of the penalty, the enforcement or licensing board or designated special magistrate shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. (6) Local building departments may collect outstanding fines against registered or certified contractors issued by the Construction Industry Licensing Board and may retain 75 25 percent of the fines they are able to collect, provided that they transmit 25 75 percent of the fines they are able to collect to the department according to a procedure to be determined by the department. Section 10. Paragraph (a) of subsection (7) of section 489.131, Florida Statutes, is amended to read: 489.131 Applicability. — (7)(a) It is the policy of the state that the purpose of regulation is to protect the public by attaining compliance with the policies established in law. Fines and other penalties are provided in order to ensure compliance; to be ndar -y to the primary goal of attairAng eempliaaee with state laws and local jurisdiction ordinances. it the inteftt of the Legislature tha a ne leeal J b J rb f ~ b regulatory !a-ws 1. 11 issue a notiee -e€ neneemplianeeas is first response -te a fainer vielation + r-egulatery law in any instanee in whieh it is feasenable to assume that - olafien of a :res�ory law is a "minor yielatie t does not resWt4n safety, er welfare or ereate- a -sig eanthreat- eruel} har-m. otiee -e "neemrn,linnee" is n netiiaeat .. by the 1. .,1 j, .,diet' l ,1 with ageney enfereingthe erdinanee, whieh ' a + the that • 1, + + t ID issued Ge�iICGII {7GC�12RQZD- pT[prGGG�ITGITC erdinanee. A netiee of neneemplianee should not be aeeempanied with tie or other diseiplinary penalty. it should identify the speeifie or-dinanee that-is- - ....:b vielated, r .. .. ...... .......................a how to ..va"iaYaJ % , and vNv aaJ a reasenable vaaiae our the ,. ef time would then result in the institutien of further- diseiplinary preeeed- Section 11. Section 489.514, Florida Statutes, is amended to read: 489.514 Certification for registered contractors; grandfathering provi- sions. - 8 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (1) The board shall, upon receipt of a completed application, appropriate fee, and proof of compliance with the provisions of this section, issue: (a) To an applying registered electrical contractor, a certificate as an electrical contractor, as defined in s. 489.505(12); er (b) To an applying registered alarm system contractor, a certificate in the matching alarm system contractor category, as defined in s. 489.505(2)(a) or (b); or (c) To an applying registered electrical specialty contractor, a certificate in the matching electrical specialty contractor category, as defined in s. 489.505(19). (2) Any contractor registered under this part who makes application under this section to the board shall meet each of the following requirements for certification: (a) Currently holds a valid registered local license in the category of electrical contractor, alarm system contractor, or electrical specialty con- tractor. (b) Has, for that category, passed a written, proctored examination that the board finds to be substantially similar to the examination required to be licensed as a certified contractor under this part. For purposes of this subsection, a written, proctored examination such as that produced by the National Assessment Institute, Block and Associates, NAI/Block, Experior Assessments, Professional Testing, Inc., or Assessment Systems, Inc., shall be considered to be substantially similar to the examination required to be licensed as a certified contractor. The board may not impose or make any requirements regarding the nature or content of these cited examinations. (c) Has at least 5 years of experience as a contractor in that contracting category, or as an inspector or building administrator with oversight over that category, at the time of application. For contractors, only time periods in which the contractor license is active and the contractor is not on probation shall count toward the 5 years required under this subsection. (d) Has not had his or her contractor's license revoked at any time, had his or her contractor's license suspended in the last 5 years, or been assessed a fine in excess of $500 in the last 5 years. (e) Is in compliance with the insurance and financial responsibility requirements in s. 489.515(1)(b). (3) An applicant must make application by November 1, 2015 2004, to be licensed pursuant to this section. Section 12. Paragraph (c) and (f) of subsection (4) of section 489.531, Florida Statutes, are amended to read: 9 CODING: Words s#r-ieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 489.531 Prohibitions; penalties. — (4) Each county or municipality may, at its option, designate one or more of its code enforcement officers, as defined in chapter 162, to enforce, as set out in this subsection, the provisions of subsection (1) against persons who engage in activity for which county or municipal certification is required. (c) The local governing body of the county or municipality may is autheri°ea to enforce codes and ordinances against unlicensed contractors under the provisions of this section and may enact an ordinance establishing procedures for implementing this section, including a schedule of penalties to be assessed by the code enforcement officers. The maximum civil penalty which may be levied may shall not exceed $2,000 $500. Moneys collected pursuant to this section shall be retained locally as provided for by local ordinance and may be set aside in a specific fund to support future enforcement activities against unlicensed contractors. (f) If the enforcement or licensing board or designated special magistrate finds that a violation exists, the enforcement or licensing board or designated special magistrate may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $2,500 $No per day for each violation. In determining the amount of the penalty, the enforcement or licensing board or designated special magistrate shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. Section 13. Present subsections (6) through (11) of section 553.71, Florida Statutes, are redesignated as subsections (7) through (12), respectively, and a new subsection (6) is added to that section, to read: 553.71 Definitions. As used in this part, the term: (6) "Local technical amendment" means an action by a local governing authority that results in a technical change to the Florida Building Code and its local enforcement. Section 14. Subsection (17) of section 553.73, Florida Statutes, is amended to read: 553.73 Florida Building Code. — (17) A provision The o f seetion R313 of t versien of the International Residential Code relating to mandated fire sprinklers may not be incorporated into the Florida Building Code as adopted by the Florida Building Commission and may not be adopted as a local amendment to the Florida Building Code. This subsection does not 10 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 prohibit the application of cost - saving incentives for residential fire sprinklers that are authorized in the International Residential Code upon a mutual agreement between the builder and the code official This subsection does not apply to a local government that has a lawfully adopted ordinance relating to fire sprinklers which has been in effect since January 1, 2010. Section 15. Subsection (1) of section 553.74, Florida Statutes, is amended to read: 553.74 Florida Building Commission. — (1) The Florida Building Commission is created and located within the Department of Business and Professional Regulation for administrative purposes. Members are shall be appointed by the Governor subject to confirmation by the Senate. The commission is shall be composed of 26 26 members, consisting of the following: (a) One architect registered to practice in this state and actively engaged in the profession. The American Institute of Architects, Florida Section, is encouraged to recommend a list of candidates for consideration. (b) One structural engineer registered to practice in this state and actively engaged in the profession. The Florida Engineering Society is encouraged to recommend a list of candidates for consideration. (c) One air - conditioning or mechanical contractor certified to do business in this state and actively engaged in the profession. The Florida Air Conditioning Contractors Association, the Florida Refrigeration and Air Conditioning Contractors Association, and the Mechanical Contractors Association of Florida are encouraged to recommend a list of candidates for consideration. (d) One electrical contractor certified to do business in this state and actively engaged in the profession. The Florida Electrical Contractors Association and the National Electrical Contractors Association, Florida Chapter, are encouraged to recommend a list of candidates for consideration. (e) One member from fire protection engineering or technology who is actively engaged in the profession. The Florida Chapter of the Society of Fire Protection Engineers and the Florida Fire Marshals and Inspectors Association are encouraged to recommend a list of candidates for considera- tion. (f) One general contractor certified to do business in this state and actively engaged in the profession. The Associated Builders and Contractors of Florida, the Florida Associated General Contractors Council, and the Union Contractors Association are encouraged to recommend a list of candidates for consideration. 11 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (g) One plumbing contractor licensed to do business in this state and actively engaged in the profession. The Florida Association of Plumbing, Heating, and Cooling Contractors is encouraged to recommend a list of candidates for consideration. (h) One roofing or sheet metal contractor certified to do business in this state and actively engaged in the profession. The Florida Roofing, Sheet Metal, and Air Conditioning Contractors Association and the Sheet Metal and Air Conditioning Contractors National Association are encouraged to recommend a list of candidates for consideration. (i) One residential contractor licensed to do business in this state and actively engaged in the profession. The Florida Home Builders Association is encouraged to recommend a list of candidates for consideration. 0) Three members who are municipal or district codes enforcement officials, one of whom is also a fire official. The Building Officials Association of Florida and the Florida Fire Marshals and Inspectors Association are encouraged to recommend a list of candidates for consideration. (k) One member who represents the Department of Financial Services. (1) One member who is a county codes enforcement official. The Building Officials Association of Florida is encouraged to recommend a list of candidates for consideration. (m) One member of a Florida -based organization of persons with disabilities or a nationally chartered organization of persons with disabilities with chapters in this state. (n) One member of the manufactured buildings industry who is licensed to do business in this state and is actively engaged in the industry. The Florida Manufactured Housing Association is encouraged to recommend a list of candidates for consideration. (o) One mechanical or electrical engineer registered to practice in this state and actively engaged in the profession. The Florida Engineering Society is encouraged to recommend a list of candidates for consideration. (p) One member who is a representative of a municipality or a charter county. The Florida League of Cities and the Florida Association of Counties are encouraged to recommend a list of candidates for consideration. (q) One member of the building products manufacturing industry who is authorized to do business in this state and is actively engaged in the industry. The Florida Building Material Association, the Florida Concrete and Products Association, and the Fenestration Manufacturers Association are encouraged to recommend a list of candidates for consideration. (r) One member who is a representative of the building owners and managers industry who is actively engaged in commercial building 12 CODING: Words sfi -ieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 ownership or management. The Building Owners and Managers Association is encouraged to recommend a list of candidates for consideration. (s) One member who is a representative of the insurance industry. The Florida Insurance Council is encouraged to recommend a list of candidates for consideration. (t) One member who is a representative of public education. (u) One member who is a swimming pool contractor licensed to do business in this state and actively engaged in the profession. The Florida Swimming Pool Association and the United Pool and Spa Association are encouraged to recommend a list of candidates for consideration. (v) One member who is a representative of the green building industry and who is a third -party commission agent, a Florida board member of the United States Green Building Council or Green Building Initiative, a professional who is accredited under the International Green Construction Code (IGCC), or a professional who is accredited under Leadership in Energy and Environmental Design (LEED). (w) One member who is a representative of a natural gas distribution system and who is actively engaged in the distribution of natural gas in this state. The Florida Natural Gas Association is encouraged to recommend a list of candidates for consideration. (x)(w) One member who shall be the chair. Any person serving on the commission under paragraph (c) or paragraph (h) on October 1, 2003, and who has served less than two full terms is eligible for reappointment to the commission regardless of whether he or she meets the new qualification. Section 16. Paragraph (a) of subsection (5) of section 553.79, Florida Statutes, is amended, and subsection (18) is added to that section, to read: 553.79 Permits; applications; issuance; inspections. — (5)(a) The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to and approved by the enforcing agency before prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. The special inspector shall determine that a professional engineer who specializes in shoring design has 13 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number -of- stories criteria which would result in classification as a threshold building under s. 553.71(12) 653 7r), may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. (18) For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite These plans must be open to inspection by the building official or a duly authorized representative as required by the Florida Building Code Section 17. Paragraph (a) of subsection (5) of section 553.842, Florida Statutes, is amended to read: 553.842 Product evaluation and approval.— (5) Statewide approval of products, methods, or systems of construction may be achieved by one of the following methods. One of these methods must be used by the commission to approve the following categories of products: panel walls, exterior doors, roofing, skylights, windows, shutters, impact protective systems, and structural components as established by the commission by rule. A product may not be advertised, sold, offered, provided, distributed, or marketed as hurricane, windstorm, or impact protection from wind -borne debris from a hurricane or windstorm unless it is approved pursuant to this section or s. 553.8425. Any person who advertises, sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection from wind -borne debris without such approval is subject to the Florida Deceptive and Unfair Trade Practices Act under part II of chapter 501 brought by the enforcing authority as defined in s. 501.203. (a) Products for which the code establishes standardized testing or comparative or rational analysis methods shall be approved by submittal and validation of one of the following reports or listings indicating that the product or method or system of construction was in compliance with the Florida Building Code and that the product or method or system of construction is, for the purpose intended, at least equivalent to that required by the Florida Building Code: 1. A certification mark or listing of an approved certification agency, which may be used only for products for which the code designates standardized testing; 2. A test report from an approved testing laboratory; 3. A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity; or 14 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 4. A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, developed and signed and sealed by a professional engineer or architect, licensed in this state. A product evaluation report or a certification mark or listing of an approved certification agency which demonstrates that the product or method or system of construction complies with the Florida Building Code for the purpose intended is equivalent to a test report and test procedure referenced in the Florida Building Code. An application for state approval of a product under subparagraph 1. or 3. must be approved by the department after the commission staff or a designee verifies that the application and related documentation are complete. This verification must be completed within 10 business days after receipt of the application. Upon approval by the department, the product shall be immediately added to the list of state - approved products maintained under subsection (13). Approvals by the department shall be reviewed and ratified by the commission's program oversight committee except for a showing of good cause that a review by the full commission is necessary. The commission shall adopt rules providing means to cure deficiencies identified within submittals for products approved under this paragraph. Section 18. Section 553.901, Florida Statutes, is amended to read: 553.901 Purpose of thermal efficiency code. —The Department of Busi- ness and Professional Regulation shall prepare a thermal efficiency code to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide, consistent with energy conservation goals, and to best provide for public safety, health, and general welfare. The Florida Building Commission shall adopt the Florida Building Code - Energy Conservation Merida- Energy -E freieney Codes o,r 'gig and shall modify, revise, update, and maintain the code to implement the provisions of this thermal efficiency code and amendments thereto, in accordance with the procedure9 of chapter 120. The department shall, at least triennially, determine the most cost - effective energy - saving equipment and techniques available and report its determinations to the commission, which shall update the code to incorporate such equipment and techniques. The proposed changes shall be made available for public review and comment no later than 6 months before pre to code implementation. The term "cost- effective," as used in for the purposes e€ this part, means shall be eenstfued to mean cost- effective to the consumer. Section 19. Section 553.902, Florida Statutes, is reordered and amended to read: 553.902 Definitions. —As used in For the purposes ef this part, the term: (21(x-) "Exempted building" means: 15 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (a) A Any building or portion thereof whose peak design rate of energy usage for all purposes is less than 1 watt (3.4 Btu per hour) per square foot of floor area for all purposes. (b) A Any building that whieh is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by electricity or fossil fuels. (c) A Any building for which federal mandatory standards preempt state energy codes. (d) A Any historical building as described in s. 267.021(3). The Florida Building Commission may recommend to the Legislature additional types of buildings which should be exempted from compliance with the Florida Building Code - Energy Conservation Fie Ada En Effleieney Code for Building Construetion. t4)(-2) "HVAC" means a system of heating, ventilating, and air- condition- ing. "Renovated building" means a residential or nonresidential build- ing undergoing alteration that varies or changes insulation, HVAC systems, water heating systems, or exterior envelope conditions, if pr-evided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure. L5)(4) "Local enforcement agency" means the agency of local government which has the authority to make inspections of buildings and to enforce the Florida Building Code. The term It includes any agency within the definition of s. 553.71(5). LaW "Exterior envelope physical characteristics" means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exterior. 1�) "Energy performance level' means the indicator of the energy - related performance of a building, including, but not limited to, the levels of insulation, the amount and type of glass, and the HVAC and water heating system efficiencies. Section 20. Section 553.903, Florida Statutes, is amended to read: 553.903 Applicability. —This part applies shaft -apply to all new and renovated buildings in the state, except exempted buildings, for which building permits are obtained after March 15, 1979, and to the installation or replacement of building systems and components with new products for which thermal efficiency standards are set by the Florida Building Code - Energy Conservation Florida Energy E f Code f Building Construe J + - tien. The provisions of this part shall constitute a statewide uniform code. 16 CODING: Words striel£en are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 Section 21. Section 553.904, Florida Statutes, is amended to read: 553.904 Thermal efficiency standards for new nonresidential buildings. Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15, 1979, must shall at a minimum take into account exterior envelope physical characteristics, including thermal mass; HVAC, service water heating, energy distribution, lighting, energy managing, and auxiliary systems design and selection; and HVAC, service water heating, energy distribution, lighting, energy mana- ging, and auxiliary equipment performance, and are shall not be required to meet standards more stringent than the provisions of the Florida Building Code - Energy Conservation bJ Effieieney Code f Building C6nstruetion. Section 22. Section 553.905, Florida Statutes, is amended to read: 553.905 Thermal efficiency standards for new residential buildings. — Thermal designs and operations for new residential buildings for which building permits are obtained after March 15, 1979, must shall at a minimum take into account exterior envelope physical characteristics, HVAC system selection and configuration, HVAC equipment performance, and service water heating design and equipment selection and are shall not be required to meet standards more stringent than the provisions of the Florida Building Code - Energy Conservation Fierida Energy Cede for Building Cons rdetion. HVAC equipment mounted in an attic or a garage is shall not be required to have supplemental insulation in addition to that installed by the manufacturer. All new residential buildings, except those herein exempted, must shall have insulation in ceilings rated at R -19 or more, space permitting. Thermal efficiency standards do not apply to a building of less than 1,000 square feet which is not primarily used as a principal residence and which is constructed and owned by a natural person for hunting or similar recreational purposes; however, ne such person may nal build more than one exempt building in any 12 month period. Section 23. Section 553.906, Florida Statutes, is amended to read: 553.906 Thermal efficiency standards for renovated buildings. — Thermal designs and operations for renovated buildings for which building permits are obtained after March 15, 1979, must shall take into account insulation; windows; infiltration; and HVAC, service water heating, energy distribution, lighting, energy managing, and auxiliary systems design and equipment selection and performance. Such buildings are shall not be required to meet standards more stringent than the provisions of the Florida Building Code - Energy Conservation Perida Energy Effieieney Code for Building Construe l=ien. These standards apply only to those portions of the structure which are actually renovated. Section 24. Section 553.912, Florida Statutes, is amended to read: 17 CODING: Words stamen are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 553.912 Air conditioners. —All air conditioners that are sold or installed in the state must shall meet the minimum efficiency ratings of the Florida Building Code - Energy Conservation Energy Effleii-e-ney Code fer Building Censtruetio.n. These efficiency ratings must shall be minimums and may be updated in the Florida Building Code - Energy Conservation Effieieney Code for Building Constrae by the department in accordance with s. 553.901, following its determination that more cost - effective energy- saving equipment and techniques are available. It is the intent of the Legislature that all replacement air - conditioning systems in residential applications be installed using energy - saving, quality installation proce- dures, including, but not limited to, equipment sizing analysis and duct inspection. Notwithstanding this section, existing heating and coolies equipment in residential applications need not meet the minimum equip- ment efficiencies, including system sizing and duct sealing Section 25. Section 553.991, Florida Statutes, is amended to read: 553.991 Purpose. —The purpose of this part is to identify systems provide for a statew Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (5) "Energy auditor" means a trained and certified professional who conducts energy evaluations of an existing building and uses tools to identiffv the building's current energy usage and the condition of the building and equipment. (6) "Energy - efficiency rating" means an unbiased indication of a build - ing's relative energy efficiency based on consistent inspection procedures operating assumptions, climate data, and calculation methods (7) "Energy rater" means an individual certified by a building energy- efficiency rating system to perform building energy - efficient ratings atings for the building type and in the rating class for which the rater is certified (?3 (4) "New building" means commercial occupancy buildings permitted for construction after January 1, 1995, and residential occupancy buildings permitted for construction after January 1, 1994. n(-a) "Public building" means a building comfort - conditioned for occu- pancy that is owned or leased by the state, a state agency, or a governmental subdivision, including, but not limited to, a city, county, or school district. Section 28. Section 553.994, Florida Statutes, is amended to read: 553.994 Applicability. — Building energy- efficiency The rating systems system shall apply to all public, commercial, and residential buildings in the state.. Section 29. Section 553.995, Florida Statutes, is amended to read: 553.995 Energy- efficiency ratings for buildings. — (1) Building The energy - efficiency rating systems must, system all at a minimum: (a) Provide n unifnrf at ale of the a ffl ,.f buildings based en -. a .,, annual - enorgy- iAnge. (g)(b) Take into account local climate conditions, construction practices, and building use. (>X(e) Be compatible with standard federal rating systems and state building codes and standards, where applicable, and shall satisfy the requirements of s. 553.9085 with respect to residential buildings and s. 255.256 with respect to state buildings. LLr27 The energy nfiinieney rats ..+,.m adopted d1,. the .d rt + - -' - -a✓ -------- -✓ rating .;jv uvN •� y �.l,,ul Uauti ilc shall Provide a means of analyzing and eempar-ing the relative energy efficiency of buildings upon the sale of new or existing residential, public, or commercial buildings. (3) The department shall establish a veluntary working group ef per-sons interested in the ViaVl £,,' V.111<,1lil1V.,' rating system , 19 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 ineludina > but not limited to, per-sons _ 1 1 + 7 t ar •eul engineers, ,-e iteet.. publie utilities, and builders. The - interest group shall advise the department +1, development f` t +� r v rating system and shall assist the a .,A nt in the implementation of i_ rating system by eeerrlinat b a ti programs 1 f a ua. f builders, a ✓ , businesses, and other interested to assist eomplianee and --to per-sons faeilitate ineorperation of the rating system into existing praetiees. 2 a The _department shall a le a training a eer-tifieatien pr-egram to -•+' r-aters. in addition .n +„ the department, Ratings may be conducted by a any local government or private entity if provided that the appropriate persons have completed the necessary training established by the applicable building energy - efficiency rating system and have b eer-tified by the department. The Department of Management Services shall rate state -owned or state - leased buildings if, eyidea +1 + the appropriate persons have completed the necessary training established by the applicable building energy - efficiency rating system and have been eer-t:fied b the Department e y yr Business and Prefessienal Regulation. (c) A state agency that =..hieh has building construction regulation authority may rate its own buildings and those it is responsible for, if the appropriate persons have completed the necessary training established by the applicable building energy- efficiency rating system and-h n eer-tified by the Department of Business and Pfefessional Regulation. The Department of Business and Pfef � ..1 Regulation 1. F ++ emeeed the eests for the training and eer-tifieatien of rater-s. The department- shall by rule set the appropriate ehar7ges for rater-s to eharge for- energy ratings, not to emeeed the aetual eosts. --r ^--------- ---- ------- ^-^ _ _..��.,.,......... may a.,aauz Section 30. Section 553.996, Florida Statutes, is amended to read: 553.996 Energy - efficiency information provided - by building energy - efficiency rating systems providers bl eehiire. —A prospective purchaser of real property with a building for occupancy located thereon shall be provided with a eopy of an information bfoehure, at the time of or before prier to the purchaser's execution of the contract for sale and purchase which notifies; notifying the purchaser of the option for an energy - efficiency rating on the building. Building energy - efficiency rating system providers identified in this part shall prepare such information and make it available for distribution Sueh breehure shall be prepared, made - tio and provided at ne est by the a,,.,ait +. Such information relevant to that class of building must include, ineltiding, but need not be limited to: (1) How to analyze the building's energy - efficiency rating. (2) Comparisons to statewide averages for new and existing construction of that class. 20 CODING: Words striel£en are deletions; words underlined are additions. Ch. 2013 -193 LAWS OF FLORIDA Ch. 2013 -193 (3) Information concerning methods to improve the building's energy - efficiency rating. (4) A notice to residential purchasers that the energy - efficiency rating may qualify the purchaser for an energy - efficient mortgage from lending institutions. Section 31. Subsection (2) of section 553.997, Florida Statutes, is amended to read: 553.997 Public buildings. — (2) The department together- with other State agencies having building construction and maintenance responsibilities, shall make available energy- efficiency practices information to be used by individuals involved in the design, construction, retrofitting, and maintenance of buildings for state and local governments. Section 32. Section 553.998, Florida Statutes, is amended to read: 553.998 Compliance. —All ratings must sly be determined using tools and procedures developed by the systems recognized under this part adepted by the department by rule in aeeordanee with ehapter 120 and must shell be certified by the rater as accurate and correct and in compliance with procedures of the system under which the rater is certified adepted by the depaFtmeat by pale in aeeer-danee with 4-20. Section 33. Except as otherwise explicitly stated elsewhere, this act shall take effect July 1, 2013. Approved by the Governor June 14, 2013. Filed in Office Secretary of State June 14, 2013. 21 CODING: Words s#,rieken are deletions; words underlined are additions.