Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 41, October 13, 2006 issue of the Florida Administrative Weekly.

The changes are made in response to comments received at the public hearing. The changes are as follows:

9B-60.003 Department Activities.

(1) through (2) No change.

(3) Any person may submit recommendations for proposed revisions or modifications to the rating system to the Department for consideration. Such proposed revisions and modifications shall be submitted in writing on Department of Community Affairs’ Proposed Change Request form, No. 300-06 ~~#300~~, revised , ~~effective July 1, 1994,~~ incorporated herein by reference. Copies of this form are available by writing to the Department of Community Affairs, Building Energy Rating System Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Such proposals shall include the date of submittal, an identification of the submitter, identification of the section of the rating system to be revised, the new proposed language, a justification or reason for the change, and anticipated financial impacts of the change. The Department shall conduct a public hearing(s) in accordance with the requirements of Chapter 120, F.S.

(4) No change.

Specific Authority 553.992, 553.998 FS. Law Implemented 553.992, 553.996 FS. History–New 7-1-94, Amended 12-27-98, 11-28-04, _________.

9B-60.004 Florida Building Energy Rating System, Adopted.

(1) No change.

(2) The home energy rating (HERS rating) for residential buildings shall be determined using only EnergyGauge ~~Guage~~® USA, version 2.5. Confirmed HERS ratings shall be specific to one residence; sampling is not an acceptable procedure for ratings in Florida. Air distribution system testing for Class 1 ratings shall be performed in accordance with Annex B and Annex C of BSR/ASHRAE Standard 152-04, “Method of Test for Determining the Design and Seasonal Efficiency of Residential Thermal Distribution Systems.” A Class 3 rating shall be clearly labeled as a “projected rating based on plans.”

(3) No change.

(4) The energy rating for public and commercial buildings shall be determined using only the Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version 1 2) ~~which produces the Florida Building Energy Rating Guide forms: Form #12A-01 for the North climate zone, Form #12B-01 for the Central climate zone and Form #12C-01 for the South climate zone~~. The Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version 1 2) is hereby incorporated by reference. Public buildings owned or leased by state agencies and units of local government that are governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost by methods approved by those agencies.

(5) No change.

Specific Authority 553.992 FS. Law Implemented 553.994, 553.995(1) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, .

9B-60.005 Training and Certification Program.

(1) General Provisions.

(a) Beginning with the implementation date of this rule, no person may provide a rating for buildings in Florida unless such a person has been certified as provided by this part. To perform a rating for any building as required by this rule, the person performing the rating must be certified by the Department of Community Affairs. In accordance with Section 102.1.3.6 of the 2006 Mortgage Industry National Home Energy Rating Systems Standards, a Florida Certified Rater who has a financial or other interest resulting from the energy Rating results (including any recommended improvements resulting from the Rating) shall provide written disclosure of the nature of the financial or other interest to the owner of the property being rated utilizing the disclosure form printed from EnergyGauge®USA, version 2.5, No. 400-06, effective ______ ~~Form 11D-01, Interest Disclosure Form~~.

(b) No change.

(c) An application for annual certification renewal shall be submitted on fForm No. 500-06, effective , ~~500B-1,~~ incorporated herein ~~incorporated~~ by reference, with a renewal fee of $50. In addition to the annual renewal fee, a certified residential rater must, over a three year period, have completed twelve credit hours of continuing education in courses accepted by the Department for certification renewal. Acceptable courses shall, in general, be those dealing with energy use in buildings and building systems (including heating, ventilating and air conditioning), building design or construction, codes or plan review, financing or selling buildings, and courses on energy rating systems.

(2) The following qualifications, at a minimum, are required for certification as a rater:

(a) The individual shall submit an application on the Department of Community Affairs fForm No. 500-06 ~~#500A-01~~, effective ______, incorporated herein ~~incorporated~~ by reference, and pay the appropriate application fee of $150.00. The form is available by writing to the Department of Community Affairs, Energy Rating System Program, 2555 Shumard Oak Blvd, Tallahassee, Florida 32399-2100.

(b) through (2)(e) No change.

(3) Reporting Requirements. Certified raters shall submit all ratings to the Department in care of the Florida Solar Energy Center, 1679 Clearlake Road, Cocoa, FL 32920 via the website upload at: http://dbase.fsec.ucf.edu/pls/engauge/rating _ home.

(a) through (b) No change.

(4) A written report shall be provided to the purchaser of real property or that individual who requested the rating. Such report shall include the ~~Florida~~ Building Energy Rating report and the following:

(a) A completed copy of the ~~Florida~~ Building Energy Rating Guide, form No. 600-06, effective ~~(Form #11-01 or Form #12-01)~~;

(b) through (d) No change.

(e) The disclosure form printed from EnergyGauge® USA, version 2.5, form No. 400-06, effective .

Specific Authority 553.992 FS. Law Implemented 553.995(4) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04,_________.

9B-60.007 Florida Building Energy Rating System, Existing Public Buildings.

(1) through (2) No change.

(3) The energy rating for existing public buildings shall be determined using the Florida Commercial Building Energy Rating System software (EnergyGauge/ComFREE, Version 1 ~~2.2~~) in accordance with Rule 9B-60.004, F.A.C. Public buildings owned or leased by state agencies and units of local government governed by Section 255.254, F.S., may utilize this rating system as one of the annual energy usage and cost methods approved by those agencies.

(4) No change.

Specific Authority 553.992 FS. Law Implemented 553.991, 553.993, 553.994, 553.995, 553.997, 553.998 FS. History–New 7-21-94, Amended 12-27-98,_________.

9B-60.008 RESNET Standards, Adopted.

The 2006 Mortgage Industry National Home Energy Rating Systems Accreditation Standards, amended November 7, 2005, promulgated by the Residential Energy Services Network (RESNET) and the National Association of State Energy Officials, are adopted and incorporated by reference as the rule of this Department.

Specific Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History–New 12-27-98, Amended 11-28-04,_________.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ann Stanton, Building Codes Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)488-0964, SunCom 278-0964

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 4, 2006. (This was omitted in the Notice of Proposed Rulemaking which appeared in the FAW on October 13, 2006.)

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 21, 2006 ~~September 22, 2006~~.