THE BILL ITSELF
CS/HB 1049
Building Permit Requirements
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A bill to be entitled
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An act relating to building permit requirements;
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amending s. 553.382, F.S.; providing that certain
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residential manufactured buildings may not be denied a
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building permit for the placement of such building;
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amending s. 553.73, F.S.; prohibiting a local
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government from adopting certain technical amendments
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to the Florida Building Code; amending s. 553.79,
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F.S.; prohibiting a local enforcement agency from
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requiring a building permit for work valued at a
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specified amount that is performed on a parcel
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containing a single-family residential dwelling;
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prohibiting a construction project from being divided
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into multiple projects to evade certain requirements;
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providing applicability; authorizing a local
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government to require a building permit for certain
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work regardless of the value of the work; requiring a
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contractor to maintain certain written records for a
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specified time period; creating s. 553.796, F.S.;
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defining the term "backup power system"; prohibiting a
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local enforcement agency from requiring a building
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permit for specified work on a backup power system
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that is installed by certain persons or entities;
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requiring local enforcement agencies to establish a
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specified process; requiring licensed contractors to
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submit a notice of commencement before the
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installation of a backup power system; providing an
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exception; prohibiting local governments from adopting
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or enforcing certain ordinances, rules, or other
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measures; authorizing a local enforcement agency to
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conduct an inspection, either in person or virtually;
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prohibiting local enforcement agencies from requiring
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more than one inspection except under certain
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circumstances; authorizing an owner or the owner's
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contractor to use a private provider for certain
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inspections; requiring a local enforcement agency to
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provide certain persons a written notice of correction
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under certain circumstances; authorizing a stop-work
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order only under specific circumstances; requiring a
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local enforcement agency to offer an owner or the
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owner's contractor a reinspection date within a
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certain time period; providing that a private provider
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inspection report constitutes acceptance under certain
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circumstances; prohibiting a local enforcement agency
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from withholding or revoking a certificate of
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occupancy based solely on a failed inspection report;
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providing construction; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 553.382, Florida Statutes, is amended
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to read:
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553.382 Placement of certain housing.—Notwithstanding any
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other law or ordinance to the contrary, in order to expand the
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availability of affordable housing in this state, any
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residential manufactured building that is certified under this
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chapter by the department may not be denied a building permit
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for placement be placed on a mobile home lot in a mobile home
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park, on any lot in a recreational vehicle park, or in a mobile
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home condominium, cooperative, or subdivision. Any such housing
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unit placed on a mobile home lot is a mobile home for purposes
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of chapter 723 and, therefore, all rights, obligations, and
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duties under chapter 723 apply, including the specifics of the
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prospectus. However, a housing unit subject to this section may
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not be placed on a mobile home lot without the prior written
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approval of the park owner. Each housing unit located on a
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mobile home lot and subject to this section shall be taxed as a
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mobile home under s. 320.08(11) and is subject to payments to
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the Florida Mobile Home Relocation Fund under s. 723.06116.
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Section 2. Paragraph (l) of subsection (4) of section
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553.73, Florida Statutes, is redesignated as paragraph (m), and
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a new paragraph (l) is added to that subsection, to read:
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553.73 Florida Building Code.—
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(4)
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(l) A local government may not adopt a technical amendment
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to the Florida Building Code that requires a building permit, or
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any local review or approval process that is functionally
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equivalent to the permitting process, for a backup power system
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that is exempt under s. 553.796. Section 3. Paragraph (g) is added to subsection (1) of
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section 553.79, Florida Statutes, to read:
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553.79 Permits; applications; issuance; inspections.—
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(1)
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(g)1. A local enforcement agency may not require a
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building permit for any work valued at less than $7,500 that is
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performed on a parcel containing a single-family residential
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dwelling. A construction project may not be divided into more
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than one project for the purpose of evading the requirements in
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this section. The exemption in this subparagraph does not apply
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to construction, repair, remodeling, or improvement projects
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that are part of a larger or major project, whether undertaken
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by the same or a different contractor, or in which a division of
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the operation is made in contracts of amounts less than $7,500
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for the purpose of evading this part or otherwise.
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2. A local enforcement agency may require a building
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permit for any electrical, plumbing, structural, mechanical, or
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gas work, excluding the repair or replacement of exterior doors
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or windows, that is performed on a single-family dwelling
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parcel, regardless of the value of the work.
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3. A contractor who performs work that does not require a
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permit under subparagraph 1. must keep for at least 5 years a
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written record of the work performed, the property address at
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which the work was performed, and the value of such work.
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Section 4. Section 553.796, Florida Statutes, is created to read:
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553.796 Building permit exemption for backup power
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systems.—
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(1) As used in this section, the term "backup power
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system" means equipment and associated components installed at
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or serving a one-family or two-family dwelling or townhouse for
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the purpose of providing on-site electrical power during utility
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outages, load management, resiliency, or other similar purposes,
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and which is capable of providing no more than 50 kilowatts of
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output to the dwelling or townhouse or, if the system includes
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energy storage, has an aggregate storage capacity of no more
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than 100 kilowatt hours.
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(2) A local enforcement agency may not require a building
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permit, or any local review or approval process that is
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functionally equivalent to the permitting process, for the
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design, installation, relocation, replacement, or repair of a
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backup power system that is installed by a contractor licensed
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under chapter 489 or a public utility that is exempt from
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licensure under s. 489.503(4). A local enforcement agency must
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establish a process for licensed contractors to submit to the
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local enforcement agency a notice of commencement instead of a
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permit application before the installation of a backup power
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system. The licensed contractor performing the installation must
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submit such notice of commencement to the local enforcement
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agency before the installation of a backup power system.
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(3) The installation of a backup power system performed by
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an owner and not a contractor licensed under chapter 489 is not
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eligible for the permit exemption under this section and the
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owner must proceed under otherwise applicable permitting
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requirements. This section does not authorize unlicensed
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contracting.
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(4) Notwithstanding chapters 125 and 166 or any other law,
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a county, municipality, or special district may not adopt or
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enforce an ordinance, a rule, or any other measure, beyond
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enforcing the standards contained in the Florida Building Code
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and the Florida Fire Prevention Code, that regulates the
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installation, relocation, replacement, or repair of backup power
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systems.
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(5)(a) A local enforcement agency may conduct an
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inspection, in person or virtually, of a backup power system to
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verify compliance with the Florida Building Code and the Florida
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Fire Prevention Code. An inspection under this subsection may
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not be conditioned on an owner or the owner's contractor
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obtaining a building permit, or any local review or approval
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process that is functionally equivalent to the permitting
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process, and may not include a plans review. A local enforcement
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agency may not require more than one inspection of a backup
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power system except in the case of noncompliance as provided in
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subsection (6).
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(b) An owner or the owner's contractor may choose to have
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the inspection of a backup power system performed by a private
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provider in accordance with s. 553.791. A private provider must
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adhere to the timelines for emergency inspections and submittal
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requirements of inspection reports. The procedures in s.
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553.791(13) apply to inspections under this section performed by
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a private provider.
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(6) If a local enforcement agency finds that an owner or
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the owner's contractor has not complied with this section, the
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local enforcement agency must provide to such person a written
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notice of correction that cites the specific code sections out
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of compliance and the required remedy to correct such
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noncompliance. The local enforcement agency may issue a stop-
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work order only to address an immediate danger to life or safety
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and only for the affected portion of the work being performed.
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Upon request by the owner or the owner's contractor after the
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noncompliance has been corrected, the local enforcement agency
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must offer a reinspection date within 2 business days after such
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request or on the next day inspections are being conducted,
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whichever is earlier. If a reinspection does not occur within
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the required timeframe, a private provider inspection report
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completed pursuant to s. 553.791 constitutes acceptance on the
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part of the local enforcement agency.
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(7) A failed inspection report of a backup power system
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installed at or serving an existing and occupied one-family or
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two-family dwelling or townhouse may not be the sole basis for a
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local enforcement agency to withhold or revoke a certificate of
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occupancy for the dwelling or townhouse. Instead, the local
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enforcement agency shall withhold authorization to energize the
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backup power system until any corrections are performed and
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verified.
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Section 5. This act does not alter or abridge the
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jurisdiction of the Public Service Commission under chapter 366,
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Florida Statutes, the exemptions for utilities and cooperatives
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under s. 366.11, Florida Statutes, or the requirements of rule
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25-6.065, Florida Administrative Code, relating to
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interconnection and net metering. This act does not affect any
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tariff, service policy, or interconnection requirements of a
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utility or cooperative.
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Section 6. This act shall take effect July 1, 2026.