Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 442
Barcode 750660
CHAMBER ACTION
Senate House
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11 The Committee on Government Efficiency Appropriations
12 (Haridopolos) recommended the following amendment to amendment
13 (155634):
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15 Senate Amendment
16 On page 7, line 8, through
17 page 11, line 12, delete those lines
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19 and insert:
20 Section 9. Paragraph (c) of subsection (4), subsection
21 (6), and paragraphs (a) and (c) of subsection (7) of section
22 553.73, Florida Statutes, are amended to read:
23 553.73 Florida Building Code.--
24 (4)
25 (c) Any amendment adopted by a local enforcing agency
26 pursuant to this subsection shall not apply to state or school
27 district owned buildings, manufactured buildings or
28 factory-built school buildings approved by the commission, or
29 prototype buildings approved pursuant to s. 553.77(3)(5). The
30 respective responsible entities shall consider the physical
31 performance parameters substantiating such amendments when
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 442
Barcode 750660
1 designing, specifying, and constructing such exempt buildings.
2 (6)(a) The commission, by rule adopted pursuant to ss.
3 120.536(1) and 120.54, shall update the Florida Building Code
4 every 3 years. When updating the Florida Building Code, the
5 commission shall select the most current version of the
6 International Building Code, the International Fuel Gas Code,
7 the International Mechanical Code, the International Plumbing
8 Code, and the International Residential Code, all of which are
9 adopted by the International Code Council, and the National
10 Electrical Code, which is adopted by the National Fire
11 Protection Association, to form the foundation codes of the
12 updated Florida Building Code, if the version has been adopted
13 by the International Code Council and made available to the
14 public at least 6 months prior to its selection by the
15 commission.
16 (b) Codes regarding noise contour lines shall be
17 reviewed annually, and the most current federal guidelines
18 shall be adopted.
19 (c) The commission may modify any portion of the
20 foundation codes only as needed to accommodate the specific
21 needs of this state, maintaining Florida-specific amendments
22 previously adopted by the commission and not addressed by the
23 updated foundation code. Standards or criteria referenced by
24 the codes shall be incorporated by reference. If a referenced
25 standard or criterion requires amplification or modification
26 to be appropriate for use in this state, only the
27 amplification or modification shall be set forth in the
28 Florida Building Code. The commission may approve technical
29 amendments to the updated Florida Building Code after the
30 amendments have been subject to the conditions set forth in
31 paragraphs (3)(a)-(d). Amendments to the foundation codes
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 442
Barcode 750660
1 which are adopted in accordance with this subsection shall be
2 clearly marked in printed versions of the Florida Building
3 Code so that the fact that the provisions are Florida-specific
4 amendments to the foundation codes is readily apparent.
5 consider changes made by the adopting entity of any selected
6 model code for any model code incorporated into the Florida
7 Building Code, and may subsequently adopt the new edition or
8 successor of the model code or any part of such code, no
9 sooner than 6 months after such model code has been adopted by
10 the adopting organization, which may then be modified for this
11 state as provided in this section, and
12 (d) The commission shall further consider the
13 commission's own interpretations, declaratory statements,
14 appellate decisions, and approved statewide and local
15 technical amendments and shall incorporate such
16 interpretations, statements, decisions, and amendments into
17 the updated Florida Building Code only to the extent that they
18 are needed to modify the foundation codes to accommodate the
19 specific needs of the state. A change made by an institute or
20 standards organization to any standard or criterion that is
21 adopted by reference in the Florida Building Code does not
22 become effective statewide until it has been adopted by the
23 commission. Furthermore, the edition of the Florida Building
24 Code which is in effect on the date of application for any
25 permit authorized by the code governs the permitted work for
26 the life of the permit and any extension granted to the
27 permit.
28 (e) A rule updating the Florida Building Code in
29 accordance with this subsection shall take effect no sooner
30 than 6 months after publication of the updated code. Any
31 amendment to the Florida Building Code which is adopted upon a
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 442
Barcode 750660
1 finding by the commission that the amendment is necessary to
2 protect the public from immediate threat of harm takes effect
3 immediately.
4 (7)(a) The commission may approve technical amendments
5 to the Florida Building Code once each year for statewide or
6 regional application upon a finding that the amendment:
7 1. Is needed in order to accommodate the specific
8 needs of this state.
9 2.1. Has a reasonable and substantial connection with
10 the health, safety, and welfare of the general public.
11 3.2. Strengthens or improves the Florida Building
12 Code, or in the case of innovation or new technology, will
13 provide equivalent or better products or methods or systems of
14 construction.
15 4.3. Does not discriminate against materials,
16 products, methods, or systems of construction of demonstrated
17 capabilities.
18 5.4. Does not degrade the effectiveness of the Florida
19 Building Code.
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21 Furthermore, the Florida Building Commission may approve
22 technical amendments to the code once each year to incorporate
23 into the Florida Building Code its own interpretations of the
24 code which are embodied in its opinions, final orders, and
25 declaratory statements, and interpretations of hearing officer
26 panels under s. 553.775(3)(c), but shall do so only to the
27 extent that incorporation of interpretations is needed to
28 modify the foundation codes to accommodate the specific needs
29 of this state. Amendments approved under this paragraph shall
30 be adopted by rule pursuant to ss. 120.536(1) and 120.54,
31 after the amendments have been subjected to the provisions of
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 442
Barcode 750660
1 subsection (3).
2 (c) The commission may not approve any proposed
3 amendment that does not accurately and completely address all
4 requirements for amendment which are set forth in this
5 section. The commission shall require all proposed amendments
6 and information submitted with proposed amendments to be
7 reviewed by commission staff prior to consideration by any
8 technical advisory committee. These reviews shall be for
9 sufficiency only and are not intended to be qualitative in
10 nature. Staff members shall reject any proposed amendment that
11 fails to include a fiscal impact statement. Proposed
12 amendments rejected by members of the staff may not be
13 considered by the commission or any technical advisory
14 committee.
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