Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1372
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2017           .                                

       The Committee on Community Affairs (Lee) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 23 and 24
    4  insert:
    5         Section 2. Subsection (3) of section 553.73, Florida
    6  Statutes, is amended, paragraph (d) is added to subsection (4)
    7  of that section, and subsections (7) and (8) and paragraphs (a)
    8  and (b) of subsection (9) of that section are amended, to read:
    9         553.73 Florida Building Code.—
   10         (3) The commission shall use the International Codes
   11  published by the International Code Council, the National
   12  Electric Code (NFPA 70), or other nationally adopted model codes
   13  and standards for updates to needed to develop the base code in
   14  Florida to form the foundation for the Florida Building Code.
   15  The Florida Building commission may approve technical amendments
   16  to the code as provided in, subject to subsections (8) and (9),
   17  after the amendments have been subject to all of the following
   18  conditions:
   19         (a) The proposed amendment must have has been published on
   20  the commission’s website for a minimum of 45 days and all the
   21  associated documentation must have has been made available to
   22  any interested party before any consideration by a technical
   23  advisory committee.;
   24         (b) In order for a technical advisory committee to make a
   25  favorable recommendation to the commission, the proposal must
   26  receive a two-thirds three-fourths vote of the members present
   27  at the technical advisory committee meeting. and At least half
   28  of the regular members must be present in order to conduct a
   29  meeting.;
   30         (c) After the technical advisory committee has considered
   31  and recommended consideration and a recommendation for approval
   32  of any proposed amendment, the proposal must be published on the
   33  commission’s website for at least 45 days before any
   34  consideration by the commission.; and
   35         (d) A proposal may be modified by the commission based on
   36  public testimony and evidence from a public hearing held in
   37  accordance with chapter 120.
   39  The commission shall incorporate within sections of the Florida
   40  Building Code provisions that which address regional and local
   41  concerns and variations. The commission shall make every effort
   42  to minimize conflicts between the Florida Building Code, the
   43  Florida Fire Prevention Code, and the Life Safety Code.
   44         (4)
   45         (d) A technical amendment to the Florida Building Code
   46  related to water conservation practices or design criteria
   47  adopted by a local government pursuant to this subsection is not
   48  rendered void when the code is updated if the technical
   49  amendment is necessary to protect or provide for more efficient
   50  use of water resources as provided in s. 373.621. However, any
   51  such technical amendment carried forward into the next edition
   52  of the code pursuant to this paragraph is subject to review or
   53  modification as provided in this part.
   54         (7)(a) The commission, by rule adopted pursuant to ss.
   55  120.536(1) and 120.54, shall adopt an updated update the Florida
   56  Building Code every 3 years through review of. when updating the
   57  Florida Building Code, the commission shall select the most
   58  current updates version of the International Building Code, the
   59  International Fuel Gas Code, the International Mechanical Code,
   60  the International Plumbing Code, and the International
   61  Residential Code, all of which are copyrighted and published by
   62  adopted by the International Code Council, and the National
   63  Electrical Code, which is copyrighted and published adopted by
   64  the National Fire Protection Association. At a minimum, the
   65  commission shall adopt any updates to such codes or any other
   66  code necessary to maintain eligibility for federal funding from
   67  the National Flood Insurance Program, the Federal Emergency
   68  Management Agency, and the United States Department of Housing
   69  and Urban Development, to form the foundation codes of the
   70  updated Florida Building Code, if the version has been adopted
   71  by the applicable model code entity. The commission shall also
   72  review and adopt updates based substantially on select the most
   73  current version of the International Energy Conservation Code
   74  (IECC) as a foundation code; however, the IECC shall be modified
   75  by the commission shall to maintain the efficiencies of the
   76  Florida Energy Efficiency Code for Building Construction adopted
   77  and amended pursuant to s. 553.901. The commission shall adopt
   78  updated codes by rule.
   79         (b) Codes regarding noise contour lines shall be reviewed
   80  annually, and the most current federal guidelines shall be
   81  adopted.
   82         (c) The commission may adopt as a technical amendment to
   83  the Florida Building Code modify any portion of the foundation
   84  codes identified in paragraph (a), but only as needed to
   85  accommodate the specific needs of this state. Standards or
   86  criteria adopted from these referenced by the codes shall be
   87  incorporated by reference to the specific provisions adopted. If
   88  a referenced standard or criterion requires amplification or
   89  modification to be appropriate for use in this state, only the
   90  amplification or modification shall be set forth in the Florida
   91  Building Code. The commission may approve technical amendments
   92  to the updated Florida Building Code after the amendments have
   93  been subject to the conditions set forth in paragraphs (3)(a)
   94  (d). Amendments that to the foundation codes which are adopted
   95  in accordance with this subsection shall be clearly marked in
   96  printed versions of the Florida Building Code so that the fact
   97  that the provisions are Florida-specific amendments to the
   98  foundation codes is readily apparent.
   99         (d) The commission shall further consider the commission’s
  100  own interpretations, declaratory statements, appellate
  101  decisions, and approved statewide and local technical amendments
  102  and shall incorporate such interpretations, statements,
  103  decisions, and amendments into the updated Florida Building Code
  104  only to the extent that they are needed to modify the foundation
  105  codes to accommodate the specific needs of the state. A change
  106  made by an institute or standards organization to any standard
  107  or criterion that is adopted by reference in the Florida
  108  Building Code does not become effective statewide until it has
  109  been adopted by the commission. Furthermore, the edition of the
  110  Florida Building Code which is in effect on the date of
  111  application for any permit authorized by the code governs the
  112  permitted work for the life of the permit and any extension
  113  granted to the permit.
  114         (e) A rule updating the Florida Building Code in accordance
  115  with this subsection shall take effect no sooner than 6 months
  116  after publication of the updated code. Any amendment to the
  117  Florida Building Code which is adopted upon a finding by the
  118  commission that the amendment is necessary to protect the public
  119  from immediate threat of harm takes effect immediately.
  120         (f) Provisions of the Florida Building Code foundation
  121  codes, including those contained in referenced standards and
  122  criteria, relating to wind resistance or the prevention of water
  123  intrusion may not be modified to diminish those construction
  124  requirements; however, the commission may, subject to conditions
  125  in this subsection, modify the provisions to enhance those
  126  construction requirements.
  127         (g) Amendments or modifications to the foundation code
  128  pursuant to this subsection shall remain effective only until
  129  the effective date of a new edition of the Florida Building Code
  130  every third year. Amendments or modifications related to state
  131  agency regulations which are adopted and integrated into an
  132  edition of the Florida Building Code shall be carried forward
  133  into the next edition of the code, subject to modification as
  134  provided in this part. Amendments or modifications related to
  135  the wind-resistance design of buildings and structures within
  136  the high-velocity hurricane zone of Miami-Dade and Broward
  137  Counties which are adopted to an edition of the Florida Building
  138  Code do not expire and shall be carried forward into the next
  139  edition of the code, subject to review or modification as
  140  provided in this part. If amendments that expire pursuant to
  141  this paragraph are resubmitted through the Florida Building
  142  commission code adoption process, the amendments must
  143  specifically address whether:
  144         1. The provisions contained in the proposed amendment are
  145  addressed in the applicable international code.
  146         2. The amendment demonstrates by evidence or data that the
  147  geographical jurisdiction of Florida exhibits a need to
  148  strengthen the foundation code beyond the needs or regional
  149  variations addressed by the foundation code, and why the
  150  proposed amendment applies to this state.
  151         3. The proposed amendment was submitted or attempted to be
  152  included in the foundation codes to avoid resubmission to the
  153  Florida Building Code amendment process.
  155  If the proposed amendment has been addressed in the
  156  international code in a substantially equivalent manner, the
  157  Florida Building commission may not include the proposed
  158  amendment in the foundation Code.
  159         (8) Notwithstanding the provisions of subsection (3) or
  160  subsection (7), the commission may address issues identified in
  161  this subsection by amending the code pursuant only to the rule
  162  adoption procedures contained in chapter 120. Provisions of The
  163  Florida Building Code, including provisions those contained in
  164  referenced standards and criteria which relate, relating to wind
  165  resistance or the prevention of water intrusion, may not be
  166  amended pursuant to this subsection to diminish those standards
  167  construction requirements; however, the commission may, subject
  168  to conditions in this subsection, amend the Florida Building
  169  Code the provisions to enhance such standards those construction
  170  requirements. Following the approval of any amendments to the
  171  Florida Building Code by the commission and publication of the
  172  amendments on the commission’s website, authorities having
  173  jurisdiction to enforce the Florida Building Code may enforce
  174  the amendments. The commission may approve amendments that are
  175  needed to address:
  176         (a) Conflicts within the updated code;
  177         (b) Conflicts between the updated code and the Florida Fire
  178  Prevention Code adopted pursuant to chapter 633;
  179         (c) Unintended results from the integration of previously
  180  adopted Florida-specific amendments with the model code;
  181         (d) Equivalency of standards;
  182         (e) Changes to or inconsistencies with federal or state
  183  law; or
  184         (f) Adoption of an updated edition of the National
  185  Electrical Code if the commission finds that delay of
  186  implementing the updated edition causes undue hardship to
  187  stakeholders or otherwise threatens the public health, safety,
  188  and welfare.
  189         (9)(a) The commission may approve technical amendments to
  190  the Florida Building Code once each year for statewide or
  191  regional application upon a finding that the amendment:
  192         1. Is needed in order to accommodate the specific needs of
  193  this state.
  194         2. Has a reasonable and substantial connection with the
  195  health, safety, and welfare of the general public.
  196         3. Strengthens or improves the Florida Building Code, or in
  197  the case of innovation or new technology, will provide
  198  equivalent or better products or methods or systems of
  199  construction.
  200         4. Does not discriminate against materials, products,
  201  methods, or systems of construction of demonstrated
  202  capabilities.
  203         5. Does not degrade the effectiveness of the Florida
  204  Building Code.
  206  The Florida Building Commission may approve technical amendments
  207  to the code once each year to incorporate into the Florida
  208  Building Code its own interpretations of the code which are
  209  embodied in its opinions, final orders, declaratory statements,
  210  and interpretations of hearing officer panels under s.
  211  553.775(3)(c), but only to the extent that the incorporation of
  212  interpretations is needed to modify the code foundation codes to
  213  accommodate the specific needs of this state. Amendments
  214  approved under this paragraph shall be adopted by rule after the
  215  amendments have been subjected to subsection (3).
  216         (b) A proposed amendment must include a fiscal impact
  217  statement that documents the costs and benefits of the proposed
  218  amendment. Criteria for the fiscal impact statement shall be
  219  established by rule by the commission and shall include the
  220  impact to local government relative to enforcement, the impact
  221  to property and building owners, and the impact to industry,
  222  relative to the cost of compliance. The amendment must
  223  demonstrate by evidence or data that the state’s geographical
  224  jurisdiction exhibits a need to strengthen the foundation code
  225  beyond the needs or regional variations addressed by the
  226  foundation code and why the proposed amendment applies to this
  227  state.
  228         Section 3. Subsection (2) of section 553.76, Florida
  229  Statutes, is amended to read:
  230         553.76 General powers of the commission.—The commission is
  231  authorized to:
  232         (2) Issue memoranda of procedure for its internal
  233  management and control. The commission may adopt rules related
  234  to its consensus-based decisionmaking process, including, but
  235  not limited to, super majority voting requirements for
  236  commission actions relating to the adoption of the Florida
  237  Building Code or amendments to the code. However, the commission
  238  must adopt the Florida Building Code, and amendments thereto, by
  239  at least a two-thirds vote of the members present at a meeting.
  241  ================= T I T L E  A M E N D M E N T ================
  242  And the title is amended as follows:
  243         Delete lines 2 - 8
  244  and insert:
  245         An act relating to building-related contracting;
  246         amending s. 489.516, F.S.; specifying that provisions
  247         regulating certified electrical contractors and
  248         certified alarm system contractors do not prevent such
  249         contractors from acting as a prime contractor or from
  250         subcontracting work to other licensed contractors
  251         under certain circumstances; amending s. 553.73, F.S.;
  252         requiring the Florida Building Commission to use
  253         certain entities and codes for updates to the Florida
  254         Building Code; revising voting requirements for a
  255         technical advisory committee to make a favorable
  256         recommendation to the commission; providing that
  257         certain technical amendments to the Florida Building
  258         Code which are adopted by a local government are not
  259         rendered void when the code is updated; specifying
  260         that such amendments are subject to review or
  261         modification if carried forward into the next edition
  262         of the code; requiring the commission to update the
  263         Florida Building Code through a review of the most
  264         current updates of specified codes; requiring the
  265         commission to adopt specified provisions from certain
  266         codes; deleting provisions limiting how long an
  267         amendment or modification is effective; deleting a
  268         provision requiring certain amendments or
  269         modifications to be carried forward into the next
  270         edition of the code, subject to certain conditions;
  271         deleting certain requirements for the resubmission of
  272         expired amendments; deleting a provision prohibiting a
  273         proposed amendment from being included in the code if
  274         it has been addressed in the international code;
  275         conforming provisions to changes made by the act;
  276         amending s. 553.76, F.S.; requiring the commission to
  277         adopt the Florida Building Code, and amendments
  278         thereto, by a minimum percentage of votes;