Florida Senate - 2017                      CS for CS for SB 1372
       By the Committees on Community Affairs; and Regulated
       Industries; and Senator Perry
       578-03979-17                                          20171372c2
    1                        A bill to be entitled                      
    2         An act relating to building-related contracting;
    3         amending s. 489.516, F.S.; specifying that provisions
    4         regulating certified electrical contractors and
    5         certified alarm system contractors do not prevent such
    6         contractors from acting as a prime contractor or from
    7         subcontracting work to other licensed contractors
    8         under certain circumstances; amending s. 553.73, F.S.;
    9         requiring the Florida Building Commission to use
   10         certain entities and codes for updates to the Florida
   11         Building Code; revising voting requirements for a
   12         technical advisory committee to make a favorable
   13         recommendation to the commission; providing that
   14         certain technical amendments to the Florida Building
   15         Code which are adopted by a local government are not
   16         rendered void when the code is updated; specifying
   17         that such amendments are subject to review or
   18         modification if carried forward into the next edition
   19         of the code; requiring the commission to update the
   20         Florida Building Code through a review of the most
   21         current updates of specified codes; requiring the
   22         commission to adopt specified provisions from certain
   23         codes; deleting provisions limiting how long an
   24         amendment or modification is effective; deleting a
   25         provision requiring certain amendments or
   26         modifications to be carried forward into the next
   27         edition of the code, subject to certain conditions;
   28         deleting certain requirements for the resubmission of
   29         expired amendments; deleting a provision prohibiting a
   30         proposed amendment from being included in the code if
   31         it has been addressed in the international code;
   32         conforming provisions to changes made by the act;
   33         amending s. 553.76, F.S.; requiring the commission to
   34         adopt the Florida Building Code, and amendments
   35         thereto, by a minimum percentage of votes; providing
   36         an effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Present subsection (5) of section 489.516,
   41  Florida Statutes, is renumbered as subsection (6), and a new
   42  subsection (5) is added to that section, to read:
   43         489.516 Qualifications to practice; restrictions;
   44  prerequisites.—
   45         (5)This part does not prevent any certified electrical or
   46  alarm system contractor from acting as a prime contractor where
   47  the majority of the work to be performed under the contract is
   48  within the scope of his or her license or from subcontracting to
   49  other licensed contractors that remaining work that is part of
   50  the project contracted.
   51         Section 2. Subsection (3) of section 553.73, Florida
   52  Statutes, is amended, paragraph (d) is added to subsection (4)
   53  of that section, and subsections (7) and (8) and paragraphs (a)
   54  and (b) of subsection (9) of that section are amended, to read:
   55         553.73 Florida Building Code.—
   56         (3) The commission shall use the International Codes
   57  published by the International Code Council, the National
   58  Electric Code (NFPA 70), or other nationally adopted model codes
   59  and standards for updates to needed to develop the base code in
   60  Florida to form the foundation for the Florida Building Code.
   61  The Florida Building commission may approve technical amendments
   62  to the code as provided in, subject to subsections (8) and (9),
   63  after the amendments have been subject to all of the following
   64  conditions:
   65         (a) The proposed amendment must have has been published on
   66  the commission’s website for a minimum of 45 days and all the
   67  associated documentation must have has been made available to
   68  any interested party before any consideration by a technical
   69  advisory committee.;
   70         (b) In order for a technical advisory committee to make a
   71  favorable recommendation to the commission, the proposal must
   72  receive a two-thirds three-fourths vote of the members present
   73  at the technical advisory committee meeting. and At least half
   74  of the regular members must be present in order to conduct a
   75  meeting.;
   76         (c) After the technical advisory committee has considered
   77  and recommended consideration and a recommendation for approval
   78  of any proposed amendment, the proposal must be published on the
   79  commission’s website for at least 45 days before any
   80  consideration by the commission.; and
   81         (d) A proposal may be modified by the commission based on
   82  public testimony and evidence from a public hearing held in
   83  accordance with chapter 120.
   85  The commission shall incorporate within sections of the Florida
   86  Building Code provisions that which address regional and local
   87  concerns and variations. The commission shall make every effort
   88  to minimize conflicts between the Florida Building Code, the
   89  Florida Fire Prevention Code, and the Life Safety Code.
   90         (4)
   91         (d) A technical amendment to the Florida Building Code
   92  related to water conservation practices or design criteria
   93  adopted by a local government pursuant to this subsection is not
   94  rendered void when the code is updated if the technical
   95  amendment is necessary to protect or provide for more efficient
   96  use of water resources as provided in s. 373.621. However, any
   97  such technical amendment carried forward into the next edition
   98  of the code pursuant to this paragraph is subject to review or
   99  modification as provided in this part.
  100         (7)(a) The commission, by rule adopted pursuant to ss.
  101  120.536(1) and 120.54, shall adopt an updated update the Florida
  102  Building Code every 3 years through review of. when updating the
  103  Florida Building Code, the commission shall select the most
  104  current updates version of the International Building Code, the
  105  International Fuel Gas Code, the International Mechanical Code,
  106  the International Plumbing Code, and the International
  107  Residential Code, all of which are copyrighted and published by
  108  adopted by the International Code Council, and the National
  109  Electrical Code, which is copyrighted and published adopted by
  110  the National Fire Protection Association. At a minimum, the
  111  commission shall adopt any updates to such codes or any other
  112  code necessary to maintain eligibility for federal funding from
  113  the National Flood Insurance Program, the Federal Emergency
  114  Management Agency, and the United States Department of Housing
  115  and Urban Development, to form the foundation codes of the
  116  updated Florida Building Code, if the version has been adopted
  117  by the applicable model code entity. The commission shall also
  118  review and adopt updates based substantially on select the most
  119  current version of the International Energy Conservation Code
  120  (IECC) as a foundation code; however, the IECC shall be modified
  121  by the commission shall to maintain the efficiencies of the
  122  Florida Energy Efficiency Code for Building Construction adopted
  123  and amended pursuant to s. 553.901. The commission shall adopt
  124  updated codes by rule.
  125         (b) Codes regarding noise contour lines shall be reviewed
  126  annually, and the most current federal guidelines shall be
  127  adopted.
  128         (c) The commission may adopt as a technical amendment to
  129  the Florida Building Code modify any portion of the foundation
  130  codes identified in paragraph (a), but only as needed to
  131  accommodate the specific needs of this state. Standards or
  132  criteria adopted from these referenced by the codes shall be
  133  incorporated by reference to the specific provisions adopted. If
  134  a referenced standard or criterion requires amplification or
  135  modification to be appropriate for use in this state, only the
  136  amplification or modification shall be set forth in the Florida
  137  Building Code. The commission may approve technical amendments
  138  to the updated Florida Building Code after the amendments have
  139  been subject to the conditions set forth in paragraphs (3)(a)
  140  (d). Amendments that to the foundation codes which are adopted
  141  in accordance with this subsection shall be clearly marked in
  142  printed versions of the Florida Building Code so that the fact
  143  that the provisions are Florida-specific amendments to the
  144  foundation codes is readily apparent.
  145         (d) The commission shall further consider the commission’s
  146  own interpretations, declaratory statements, appellate
  147  decisions, and approved statewide and local technical amendments
  148  and shall incorporate such interpretations, statements,
  149  decisions, and amendments into the updated Florida Building Code
  150  only to the extent that they are needed to modify the foundation
  151  codes to accommodate the specific needs of the state. A change
  152  made by an institute or standards organization to any standard
  153  or criterion that is adopted by reference in the Florida
  154  Building Code does not become effective statewide until it has
  155  been adopted by the commission. Furthermore, the edition of the
  156  Florida Building Code which is in effect on the date of
  157  application for any permit authorized by the code governs the
  158  permitted work for the life of the permit and any extension
  159  granted to the permit.
  160         (e) A rule updating the Florida Building Code in accordance
  161  with this subsection shall take effect no sooner than 6 months
  162  after publication of the updated code. Any amendment to the
  163  Florida Building Code which is adopted upon a finding by the
  164  commission that the amendment is necessary to protect the public
  165  from immediate threat of harm takes effect immediately.
  166         (f) Provisions of the Florida Building Code foundation
  167  codes, including those contained in referenced standards and
  168  criteria, relating to wind resistance or the prevention of water
  169  intrusion may not be modified to diminish those construction
  170  requirements; however, the commission may, subject to conditions
  171  in this subsection, modify the provisions to enhance those
  172  construction requirements.
  173         (g) Amendments or modifications to the foundation code
  174  pursuant to this subsection shall remain effective only until
  175  the effective date of a new edition of the Florida Building Code
  176  every third year. Amendments or modifications related to state
  177  agency regulations which are adopted and integrated into an
  178  edition of the Florida Building Code shall be carried forward
  179  into the next edition of the code, subject to modification as
  180  provided in this part. Amendments or modifications related to
  181  the wind-resistance design of buildings and structures within
  182  the high-velocity hurricane zone of Miami-Dade and Broward
  183  Counties which are adopted to an edition of the Florida Building
  184  Code do not expire and shall be carried forward into the next
  185  edition of the code, subject to review or modification as
  186  provided in this part. If amendments that expire pursuant to
  187  this paragraph are resubmitted through the Florida Building
  188  commission code adoption process, the amendments must
  189  specifically address whether:
  190         1. The provisions contained in the proposed amendment are
  191  addressed in the applicable international code.
  192         2. The amendment demonstrates by evidence or data that the
  193  geographical jurisdiction of Florida exhibits a need to
  194  strengthen the foundation code beyond the needs or regional
  195  variations addressed by the foundation code, and why the
  196  proposed amendment applies to this state.
  197         3. The proposed amendment was submitted or attempted to be
  198  included in the foundation codes to avoid resubmission to the
  199  Florida Building Code amendment process.
  201  If the proposed amendment has been addressed in the
  202  international code in a substantially equivalent manner, the
  203  Florida Building commission may not include the proposed
  204  amendment in the foundation Code.
  205         (8) Notwithstanding the provisions of subsection (3) or
  206  subsection (7), the commission may address issues identified in
  207  this subsection by amending the code pursuant only to the rule
  208  adoption procedures contained in chapter 120. Provisions of The
  209  Florida Building Code, including provisions those contained in
  210  referenced standards and criteria which relate, relating to wind
  211  resistance or the prevention of water intrusion, may not be
  212  amended pursuant to this subsection to diminish those standards
  213  construction requirements; however, the commission may, subject
  214  to conditions in this subsection, amend the Florida Building
  215  Code the provisions to enhance such standards those construction
  216  requirements. Following the approval of any amendments to the
  217  Florida Building Code by the commission and publication of the
  218  amendments on the commission’s website, authorities having
  219  jurisdiction to enforce the Florida Building Code may enforce
  220  the amendments. The commission may approve amendments that are
  221  needed to address:
  222         (a) Conflicts within the updated code;
  223         (b) Conflicts between the updated code and the Florida Fire
  224  Prevention Code adopted pursuant to chapter 633;
  225         (c) Unintended results from the integration of previously
  226  adopted Florida-specific amendments with the model code;
  227         (d) Equivalency of standards;
  228         (e) Changes to or inconsistencies with federal or state
  229  law; or
  230         (f) Adoption of an updated edition of the National
  231  Electrical Code if the commission finds that delay of
  232  implementing the updated edition causes undue hardship to
  233  stakeholders or otherwise threatens the public health, safety,
  234  and welfare.
  235         (9)(a) The commission may approve technical amendments to
  236  the Florida Building Code once each year for statewide or
  237  regional application upon a finding that the amendment:
  238         1. Is needed in order to accommodate the specific needs of
  239  this state.
  240         2. Has a reasonable and substantial connection with the
  241  health, safety, and welfare of the general public.
  242         3. Strengthens or improves the Florida Building Code, or in
  243  the case of innovation or new technology, will provide
  244  equivalent or better products or methods or systems of
  245  construction.
  246         4. Does not discriminate against materials, products,
  247  methods, or systems of construction of demonstrated
  248  capabilities.
  249         5. Does not degrade the effectiveness of the Florida
  250  Building Code.
  252  The Florida Building Commission may approve technical amendments
  253  to the code once each year to incorporate into the Florida
  254  Building Code its own interpretations of the code which are
  255  embodied in its opinions, final orders, declaratory statements,
  256  and interpretations of hearing officer panels under s.
  257  553.775(3)(c), but only to the extent that the incorporation of
  258  interpretations is needed to modify the code foundation codes to
  259  accommodate the specific needs of this state. Amendments
  260  approved under this paragraph shall be adopted by rule after the
  261  amendments have been subjected to subsection (3).
  262         (b) A proposed amendment must include a fiscal impact
  263  statement that documents the costs and benefits of the proposed
  264  amendment. Criteria for the fiscal impact statement shall be
  265  established by rule by the commission and shall include the
  266  impact to local government relative to enforcement, the impact
  267  to property and building owners, and the impact to industry,
  268  relative to the cost of compliance. The amendment must
  269  demonstrate by evidence or data that the state’s geographical
  270  jurisdiction exhibits a need to strengthen the foundation code
  271  beyond the needs or regional variations addressed by the
  272  foundation code and why the proposed amendment applies to this
  273  state.
  274         Section 3. Subsection (2) of section 553.76, Florida
  275  Statutes, is amended to read:
  276         553.76 General powers of the commission.—The commission is
  277  authorized to:
  278         (2) Issue memoranda of procedure for its internal
  279  management and control. The commission may adopt rules related
  280  to its consensus-based decisionmaking process, including, but
  281  not limited to, super majority voting requirements for
  282  commission actions relating to the adoption of the Florida
  283  Building Code or amendments to the code. However, the commission
  284  must adopt the Florida Building Code, and amendments thereto, by
  285  at least a two-thirds vote of the members present at a meeting.
  286         Section 4. This act shall take effect July 1, 2017.