| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to wind-protection provisions of the |
| 7 | Florida Building Code; amending ch. 2000-141, Laws of |
| 8 | Florida; providing for removal of the code's wind- |
| 9 | protection standards from the Florida Building Code; |
| 10 | providing for an update of the code's wind-protection |
| 11 | standards; providing for incorporation into the Florida |
| 12 | Building Code of the repeal of a design option relating to |
| 13 | internal pressure for buildings within the windborne |
| 14 | debris region; providing an appropriation for a joint |
| 15 | program to educate contractors for certain purposes; |
| 16 | requiring the commission to review damage from Hurricane |
| 17 | Ivan and make recommendations to the Legislature for |
| 18 | changes to the Florida Building Code, especially relating |
| 19 | to certain areas; requiring a report; directing the |
| 20 | commission to evaluate the definition of the term |
| 21 | "exposure category C" and recommend a revision to |
| 22 | accurately reflect certain conditions specific to the |
| 23 | state; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsection (3) of section 109 of chapter 2000- |
| 28 | 141, Laws of Florida, is amended to read: |
| 29 | Section 109. The Legislature has reviewed the Florida |
| 30 | Building Code that was adopted by action of the Florida Building |
| 31 | Commission on February 15, 2000, and that was noticed for rule |
| 32 | adoption by reference in Rule 9B-3.047, F.A.C., on February 18, |
| 33 | 2000, in the Florida Administrative Weekly on page 731. The |
| 34 | Florida Building Commission is directed to continue the process |
| 35 | to adopt the code, pursuant to section 120.54(3), Florida |
| 36 | Statutes, and to incorporate the following provisions or |
| 37 | standards for the State of Florida: |
| 38 | (3) For areas of the state not within the high velocity |
| 39 | hurricane zone, the commission shall adopt, pursuant to s. |
| 40 | 553.73, Florida Statutes, the most current edition of the wind |
| 41 | protection requirements of the American Society of Civil |
| 42 | Engineers, Standard 7, 1998 edition as implemented by the |
| 43 | International Building Code, 2000 edition, and as modified by |
| 44 | the commission in its February 15, 2000, adoption of the Florida |
| 45 | Building Code for rule adoption by reference in Rule 9B-3.047, |
| 46 | Florida Administrative Code. However, from the eastern border of |
| 47 | Franklin County to the Florida-Alabama line, only land within 1 |
| 48 | mile of the coast shall be subject to the windborne-debris |
| 49 | requirements adopted by the commission. The exact location of |
| 50 | wind speed lines shall be established by local ordinance, using |
| 51 | recognized physical landmarks such as major roads, canals, |
| 52 | rivers, and lake shores, wherever possible. Buildings |
| 53 | constructed in the windborne debris region must be either |
| 54 | designed for internal pressures that may result inside a |
| 55 | building when a window or door is broken or a hole is created in |
| 56 | its walls or roof by large debris, or be designed with protected |
| 57 | openings. Except in the high velocity hurricane zone, local |
| 58 | governments may not prohibit the option of designing buildings |
| 59 | to resist internal pressures. |
| 60 | Section 2. Notwithstanding any other provision of this |
| 61 | act, the option for designing for internal pressure for |
| 62 | buildings within the windborne debris region shall be repealed |
| 63 | immediately upon adoption of standards and conditions within the |
| 64 | International Building Code or International Residential Code |
| 65 | prohibiting such design option. The Florida Building Commission |
| 66 | shall initiate rulemaking to incorporate such standards and |
| 67 | conditions prohibiting designing for internal pressure for |
| 68 | buildings into the Florida Building Code when the base code is |
| 69 | updated. |
| 70 | Section 3. For fiscal year 2005-2006 only, the sum of |
| 71 | $200,000 is appropriated from the Insurance Regulatory Trust |
| 72 | Fund to the Department of Financial Services to be used to |
| 73 | develop a joint program between the Florida Insurance Council |
| 74 | and the Florida Home Builders Association to educate contractors |
| 75 | on the benefits and options available for designing buildings |
| 76 | for windborne debris protection and to develop a standardized |
| 77 | affidavit to be used for verifying the insurance discounts for |
| 78 | residential construction techniques demonstrated to reduce the |
| 79 | amount of loss during a windstorm. |
| 80 | Section 4. The Florida Building Commission, in conjunction |
| 81 | with local building officials, shall conduct a review of damage |
| 82 | resulting from Hurricane Ivan and any other data to evaluate, |
| 83 | and to make recommendations to the Legislature for any changes |
| 84 | to, the Florida Building Code, specifically as it applies to the |
| 85 | region from the eastern border of Franklin County to the |
| 86 | Florida-Alabama line. The commission shall issue a report |
| 87 | summarizing its findings and recommendations prior to the 2006 |
| 88 | Regular Session of the Legislature. |
| 89 | Section 5. The Florida Building Commission shall evaluate |
| 90 | the definition of the term "exposure category C" as currently |
| 91 | defined in s. 553.71(10), Florida Statutes, and make |
| 92 | recommendations for a new definition that more accurately |
| 93 | depicts Florida-specific conditions prior to the 2006 Regular |
| 94 | Session of the Legislature. |
| 95 | Section 6. This act shall take effect July 1, 2005. |