Senate Bill sb0038Bc1
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Florida Senate - 2001 CS for SB 38-B
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senators Clary and Posey
316-537-02
1 A bill to be entitled
2 An act relating to the Florida Building Code;
3 amending s. 553.415, F.S.; delaying the date
4 for inclusion of the Uniform Code for Public
5 Education Facilities in the Florida Building
6 Code; providing an effective date for the
7 Florida Building Code; amending s. 135 of ch.
8 2000-141, Laws of Florida, and ss. 62(2) and 68
9 of ch. 98-287, Laws of Florida, as amended;
10 delaying the amendment, repeal, and transfer
11 and renumbering of specified sections of the
12 Florida Statutes; amending s. 627.0629, F.S.;
13 delaying a deadline by which insurance
14 companies are required to make certain rate
15 filings; providing for the adoption of an
16 administrative rule; providing for the
17 treatment of permit applications submitted
18 before the effective date of the code;
19 requiring local jurisdictions to enact
20 ordinances establishing wind speed lines;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsections (1), (5), (8), and (11) of
26 section 553.415, Florida Statutes, are amended to read:
27 553.415 Factory-built school buildings.--
28 (1) It is the purpose of this section to provide an
29 alternative procedure for the construction and installation of
30 factory-built school buildings designed or intended for use as
31 school buildings. As used in this section, the term
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Florida Senate - 2001 CS for SB 38-B
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1 "factory-built school building" means any building designed or
2 intended for use as a school building, which is in whole or in
3 part, manufactured at an offsite facility in compliance with
4 the State Uniform Code for Public Educational Facilities and
5 Department of Education rule, effective on January 5, 2000.
6 After April January 1, 2002, the Uniform Code for Public
7 Educational Facilities shall be incorporated into the Florida
8 Building Code, including specific requirements for Public
9 Educational Facilities and the Department of Education rule,
10 effective on January 5, 2000. For the purpose of this
11 section, factory-built school buildings include prefabricated
12 educational facilities, factory-built educational facilities,
13 and modular-built educational facilities, that are designed to
14 be portable, relocatable, demountable, or reconstructible; are
15 used primarily as classrooms or the components of an entire
16 school; and do not fall under the provisions of ss.
17 320.822-320.862.
18 (5) The department, in accordance with the standards
19 and procedures adopted pursuant to this section and as such
20 standards and procedures may thereafter be modified, shall
21 approve or reject such plans, specifications, and methods of
22 construction. Approval shall not be given unless such plans,
23 specifications, and methods of construction are in compliance
24 with the State Uniform Building Code for Public Educational
25 Facilities and department rule. After April January 1, 2002,
26 the Uniform Code for Public Educational Facilities shall be
27 incorporated into the Florida Building Code, including
28 specific requirements for public educational facilities and
29 department rule.
30 (8) Any amendment to the State Uniform Code for Public
31 Educational Facilities, and after April January 1, 2002, the
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Florida Senate - 2001 CS for SB 38-B
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1 Florida Building Code, shall become effective 180 days after
2 the amendment is filed with the Secretary of State.
3 Notwithstanding the 180-day delayed effective date, the
4 manufacturer shall submit and obtain a revised approved plan
5 within the 180 days. A revised plan submitted pursuant to
6 this subsection shall be processed as a renewal or revision
7 with appropriate fees. A plan submitted after the period of
8 time provided shall be processed as a new application with
9 appropriate fees.
10 (11) The department shall develop a unique
11 identification label to be affixed to all newly constructed
12 factory-built school buildings and existing factory-built
13 school buildings which have been brought into compliance with
14 the standards for existing "satisfactory" buildings pursuant
15 to chapter 5 of the Uniform Code for Public Educational
16 Facilities, and after April January 1, 2002, the Florida
17 Building Code. The department may charge a fee for issuing
18 such labels. Such labels, bearing the department's name and
19 state seal, shall at a minimum, contain:
20 (a) The name of the manufacturer.
21 (b) The standard plan approval number or alteration
22 number.
23 (c) The date of manufacture or alteration.
24 (d) The serial or other identification number.
25 (e) The following designed-for loads: lbs. per square
26 foot live load; lbs. per square foot floor live load; lbs. per
27 square foot horizontal wind load; and lbs. per square foot
28 wind uplift load.
29 (f) The designed-for flood zone usage.
30 (g) The designed-for wind zone usage.
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Florida Senate - 2001 CS for SB 38-B
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1 (h) The designed-for enhanced hurricane protection
2 zone usage: yes or no.
3 Section 2. Notwithstanding any other provision in
4 chapter 2001-186, Laws of Florida, the effective date of the
5 following sections of chapter 2001-186, Laws of Florida, is
6 changed to April 1, 2002: sections 25, 26, and 27.
7 Section 3. Notwithstanding any other provision in
8 chapter 2001-186, Laws of Florida, the effective date of the
9 following sections of chapter 2000-141, Laws of Florida, as
10 amended by chapter 2001-186, Laws of Florida, is changed to
11 April 1, 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13,
12 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30,
13 32, 36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70,
14 71, 72, 75, 79, 81, 84, 86, 87, 88, 91, 92, 93, 94, and 99.
15 Section 4. Notwithstanding any other provision in
16 chapter 2001-186, Laws of Florida, the effective date of the
17 following sections of chapter 98-287, Laws of Florida, as
18 amended by chapter 2000-141, Laws of Florida, as amended by
19 chapter 2001-186, Laws of Florida, is changed to April 1,
20 2002: sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21,
21 24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56.
22 Section 5. Notwithstanding any other provision in
23 chapter 2001-186, Laws of Florida, the effective date of
24 section 61 of chapter 98-419, Laws of Florida, as amended by
25 chapter 2000-141, Laws of Florida, as amended by chapter
26 2001-186, Laws of Florida, is changed to April 1, 2002.
27 Section 6. Section 135 of chapter 2000-141, Laws of
28 Florida, as amended by section 37 of chapter 2001-186, Laws of
29 Florida, is amended to read:
30 Section 135. Effective April January 1, 2002
31 subsection (2) of section 255.21, Florida Statutes, paragraphs
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Florida Senate - 2001 CS for SB 38-B
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1 (d) and (e) of subsection (1) of section 395.1055, Florida
2 Statutes, and subsection (11) of section 553.79, Florida
3 Statutes, are repealed.
4 Section 7. Subsection (2) of section 62 of chapter
5 98-287, Laws of Florida, as amended by section 107 of chapter
6 2000-141, Laws of Florida, as amended by section 38 of chapter
7 2001-186, Laws of Florida, is amended to read:
8 Section 62.
9 (2) Effective April January 1, 2002, all existing
10 local technical amendments to any building code adopted by any
11 local government, except for local ordinances setting forth
12 administrative requirements which are not in conflict with the
13 Florida Building Code, are repealed. Each local government may
14 readopt such amendments pursuant to s. 553.73, Florida
15 Statutes, provided such amendments comply with applicable
16 provisions of the Florida Building Code.
17 Section 8. Section 68 of chapter 98-287, Laws of
18 Florida, as amended by section 108 of chapter 2000-141, Laws
19 of Florida, as amended by section 39 of chapter 2001-186, Laws
20 of Florida, is amended to read:
21 Section 68. Effective April January 1, 2002, parts I,
22 II, and III of chapter 553, Florida Statutes, consisting of
23 sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,
24 553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,
25 553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23,
26 553.24, 553.25, 553.26. 553.27, and 553.28, Florida Statutes,
27 are repealed, section 553.141, Florida Statutes, is
28 transferred and renumbered as section 553.86, Florida
29 Statutes.
30 Section 9. Subsection (1) of section 627.0629, Florida
31 Statutes, as amended by section 99 of chapter 2000-141, Laws
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Florida Senate - 2001 CS for SB 38-B
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1 of Florida, as amended by section 42 of chapter 2001-186, Laws
2 of Florida, is amended to read:
3 627.0629 Residential property insurance; rate
4 filings.--
5 (1) A rate filing for residential property insurance
6 must include actuarially reasonable discounts, credits, or
7 other rate differentials, or appropriate reductions in
8 deductibles, for properties on which fixtures or construction
9 techniques demonstrated to reduce the amount of loss in a
10 windstorm have been installed or implemented. The fixtures or
11 construction techniques shall include, but not be limited to,
12 fixtures or construction techniques which enhance roof
13 strength, roof covering performance, roof-to-wall strength,
14 wall-to-floor-to-foundation strength, opening protection, and
15 window, door, and skylight strength. Credits, discounts, or
16 other rate differentials for fixtures and construction
17 techniques which meet the minimum requirements of the Florida
18 Building Code must be included in the rate filing. All
19 insurance companies must make a rate filing which includes the
20 credits, discounts, or other rate differentials by March 31,
21 2003 December 31, 2002.
22 Section 10. Rule 9B-3.047, Florida Administrative
23 Code, as it existed before November 28, 2000, is adopted and
24 will remain in force until the effective date of the Florida
25 Building Code as established in this act.
26 Section 11. Notwithstanding the effective date of
27 section 25 of chapter 2001-186, Laws of Florida, any building
28 permit for which an application is submitted before the
29 effective date of the Florida Building Code is governed by the
30 state minimum building code in effect in the permitting
31 jurisdiction on the date of the application for the permitted
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Florida Senate - 2001 CS for SB 38-B
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1 work for the life of the permit and any extension of time
2 granted thereto.
3 Section 12. Local jurisdictions bisected or otherwise
4 divided by a line separating wind speed zones, as determined
5 by the American Society of Civil Engineers, Standard 7, 1998
6 edition as implemented by the International Building Code,
7 2000 edition, and as modified by the Florida Building
8 Commission in the Florida Building Code that becomes effective
9 pursuant to this act, must by January 1, 2002, enact an
10 ordinance specifying the exact location of wind speed lines,
11 using recognized physical landmarks such as major roads,
12 canals, rivers, and lake shores, wherever possible.
13 Section 13. This act shall take effect upon becoming a
14 law.
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Florida Senate - 2001 CS for SB 38-B
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 38-B
3
4 The Committee Substitute makes the following substantial
changes to the bill:
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- Delays the effective date of the new Florida Building
6 Code three months, from January 1, 2002 to April 1,
2002;
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- Delays the incorporation of the Uniform Code for Public
8 Educational Facilities into the new Florida Building
Code from January 1, 2002 to April 1, 2002;
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- Delays by three months the application of credits,
10 discounts or other rate differentials insurance
companies must make for properties built under the new
11 Florida Building Code;
12 - Requires certain local governments to enact ordinances
establishing wind speed zone boundaries by January 1,
13 2002, three months before the proposed effective date of
the new Florida Building Code;
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- Clarifies that the updated buiding codes approved since
15 1988 by the Florida Building Commission are in force
until the new Florida Building Code becomes effective;
16 and
17 - Clarifies that building permits applied for prior to the
effective date of the new code are governed by the state
18 minimum code in effect on the date of permit
application.
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