Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2836
Barcode 073826
CHAMBER ACTION
Senate House
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04/26/2007 03:22 PM .
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11 Senator Constantine moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 18, line 22 through page 25, line 2, delete
15 those lines
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17 and insert:
18 Section 8. Section 553.841, Florida Statutes, is
19 amended to read:
20 553.841 Building code compliance and mitigation
21 program education and outreach program.--
22 (1) The Legislature finds that knowledge and
23 understanding by persons licensed in the design and
24 construction industries of the importance and need for
25 complying with the Florida Building Code is vital to the
26 public health, safety, and welfare of this state, especially
27 for mitigating damage caused by hurricanes to residents and
28 visitors to the state. The Legislature further finds that the
29 Florida Building Code can be effective only if all
30 participants in the design and construction industries
31 maintain a thorough knowledge of the code and additions
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2836
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1 thereto which improve construction standards to protect
2 against storm and other damage. Consequently, the Legislature
3 finds that there is a need for a program to provide ongoing
4 education and outreach activities concerning compliance with
5 the Florida Building Code and hurricane mitigation the
6 effectiveness of the building codes of this state depends on
7 the performance of all participants, as demonstrated through
8 knowledge of the codes and commitment to compliance with code
9 directives, and that to strengthen compliance by industry and
10 enforcement by government, a building code education and
11 outreach program is needed.
12 (2) The Department of Community Affairs shall
13 administer a program, designated as the Florida Building Code
14 Compliance and Mitigation Program, to develop, coordinate, and
15 maintain education and outreach to persons required to comply
16 with the Florida Building Code and ensure consistent
17 education, training, and communication of the code's
18 requirements, including, but not limited to, methods for
19 mitigation of storm-related damage. The program shall also
20 operate a clearinghouse through which design, construction,
21 and building code enforcement licensees, suppliers, and
22 consumers in this state may find others in order to exchange
23 information relating to mitigation and facilitate repairs in
24 the aftermath of a natural disaster. There is created the
25 Building Code Education and Outreach Council to coordinate,
26 develop, and maintain education and outreach to ensure
27 administration and enforcement of the Florida Building Code.
28 (3) All services and materials under the Florida
29 Building Code Compliance and Mitigation Program must be
30 provided by a private, nonprofit corporation under contract
31 with the department. The term of the contract shall be for 4
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2836
Barcode 073826
1 years, with the option of one 4-year renewal at the end of the
2 contract term. The initial contract must be in effect no later
3 than November 1, 2007. The private, nonprofit corporation must
4 be an organization whose membership includes trade and
5 professional organizations whose members consist primarily of
6 persons and entities that are required to comply with the
7 Florida Building Code and that are licensed under part XII of
8 chapter 468, chapter 471, chapter 481, or chapter 489. When
9 selecting the private, nonprofit corporation for the program,
10 the department must give primary consideration to the
11 corporation's demonstrated experience and the ability to:
12 (a) Develop and deliver building code-related
13 education, training, and outreach;
14 (b) Directly access the majority of persons licensed
15 in the occupations of design, construction, and building code
16 enforcement individually and through established statewide
17 trade and professional association networks;
18 (c) Serve as a clearinghouse to deliver education and
19 outreach throughout the state. The clearinghouse must serve as
20 a focal point at which persons licensed to design, construct,
21 and enforce building codes and suppliers and consumers can
22 find each other in order to exchange information relating to
23 mitigation and facilitate repairs in the aftermath of a
24 natural disaster;
25 (d) Accept input from the Florida Building Commission,
26 licensing regulatory boards, local building departments, and
27 the design and construction industries in order to improve its
28 education and outreach programs; and
29 (e) Promote design and construction techniques and
30 materials for mitigating hurricane damage at a Florida-based
31 trade conference that includes participants from the broadest
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2836
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1 possible range of design and construction trades and
2 professions, including from those private and public-sector
3 entities having jurisdiction over building codes and design
4 and construction licensure. The Building Code Education and
5 Outreach Council shall be composed of the following members:
6 (a) Three representatives of the Florida Building
7 Commission, one of whom must be a member of a Florida-based
8 organization of persons with disabilities or a nationally
9 chartered organization of persons with disabilities having
10 chapters in this state, selected by the commission;
11 (b) One representative of the Florida Building Code
12 Administrators and Inspectors Board, selected by that board;
13 (c) One representative of the Construction Industry
14 Licensing Board, selected by that board;
15 (d) One representative of the Electrical Contractors'
16 Licensing Board, selected by that board;
17 (e) One representative of the Florida Board of
18 Professional Engineers, selected by that board;
19 (f) One architect representative of the Board of
20 Architecture and Interior Design, selected by that board;
21 (g) One interior designer representative of the Board
22 of Architecture and Interior Design, selected by that board;
23 (h) One representative of the Board of Landscape
24 Architecture, selected by that board;
25 (i) One representative from the office of the State
26 Fire Marshal, selected by that office; and
27 (j) One representative with experience and expertise
28 in K-12 public school construction.
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30 Each member of the board shall be appointed to a 2-year term
31 and may be reappointed at the discretion of the appointing
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Florida Senate - 2007 SENATOR AMENDMENT
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1 body. A chair shall be elected by majority vote of the council
2 and shall serve a term of 1 year.
3 (4) The Building Code Education and Outreach Council
4 shall meet in Tallahassee no more than semiannually. The
5 council may meet more often but not more than monthly, and
6 such additional meetings shall be by telephone conference
7 call. Travel costs, if any, shall be borne by the respective
8 appointing entity. The Department of Community Affairs shall
9 provide administrative support to the council; however, the
10 department may contract with an entity that has previous
11 experience with building code training, development, and
12 coordination to provide administrative support for the
13 council.
14 (5) The Building Code Education and Outreach Council
15 shall:
16 (a) Consider and determine any policies or procedures
17 needed to administer ss. 489.109(3) and 489.509(3).
18 (b) Administer the provisions of this section.
19 (c) Determine the areas of priority for which funds
20 should be expended for education and outreach.
21 (d) Review all proposed subjects for advanced courses
22 concerning the Florida Building Code and recommend to the
23 commission any related subjects that should be approved for
24 advanced courses.
25 (4)(6) The department, in administering the Florida
26 Building Code Compliance and Mitigation Program, Building Code
27 Education and Outreach Council shall maintain, update,
28 develop, or cause to be developed:
29 (a) A core curriculum that is prerequisite to the
30 advanced module coursework.
31 (b) Advanced modules designed for use by each
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Florida Senate - 2007 SENATOR AMENDMENT
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1 profession.
2 (c) The core curriculum developed under this
3 subsection must be approved by the commission and submitted to
4 the Department of Business and Professional Regulation for
5 approval. Advanced modules developed under this paragraph must
6 be approved by the commission and submitted to the respective
7 boards for approval.
8 (5)(7) The core curriculum shall cover the information
9 required to have all categories of participants appropriately
10 informed as to their technical and administrative
11 responsibilities in the effective execution of the code
12 process by all individuals currently licensed under part XII
13 of chapter 468, chapter 471, chapter 481, or chapter 489,
14 except as otherwise provided in s. 471.017. The core
15 curriculum shall be prerequisite to the advanced module
16 coursework for all licensees and shall be completed by
17 individuals licensed in all categories under part XII of
18 chapter 468, chapter 471, chapter 481, or chapter 489 within
19 the first 2-year period after initial licensure. Core course
20 hours taken by licensees to complete this requirement shall
21 count toward fulfillment of required continuing education
22 units under part XII of chapter 468, chapter 471, chapter 481,
23 or chapter 489.
24 (6)(8) Each biennium, upon receipt of funds by the
25 Department of Community Affairs from the Construction Industry
26 Licensing Board and the Electrical Contractors' Licensing
27 Board provided under ss. 489.109(3) and 489.509(3), the
28 department council shall determine the amount of funds
29 available for the Florida Building Code Compliance and
30 Mitigation Program education and outreach projects from the
31 proceeds of contractor licensing fees and identify, solicit,
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Florida Senate - 2007 SENATOR AMENDMENT
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1 and accept funds from other sources for education and outreach
2 projects.
3 (7)(9) If the funds collected for education and
4 outreach projects provided through the Florida Building Code
5 Compliance and Mitigation Program in any state fiscal year do
6 not require the use of all available funds, the unused funds
7 shall be carried forward and allocated for use during the
8 following fiscal year.
9 (8) The Florida Building Commission shall provide by
10 rule for the accreditation of courses related to the Florida
11 Building Code by accreditors approved by the commission. The
12 commission shall establish qualifications of accreditors and
13 criteria for the accreditation of courses by rule. The
14 commission may revoke the accreditation of a course by an
15 accreditor if the accreditation is demonstrated to violate
16 this part or the rules of the commission.
17 (9) This section does not prohibit or limit the
18 subject areas or development of continuing education or
19 training on the Florida Building Code by any qualified entity.
20 (10) The commission shall consider and approve or
21 reject the recommendations made by the council for subjects
22 for education and outreach concerning the Florida Building
23 Code. Any rejection must be made with specificity and must be
24 communicated to the council.
25 (11) The commission shall adopt rules for establishing
26 procedures and criteria for the approval of advanced courses.
27 This section does not modify or eliminate the continuing
28 education course requirements or authority of any licensing
29 board under part XII of chapter 468, chapter 471, chapter 481,
30 or chapter 489.
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for SB 2836
Barcode 073826
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 2, lines 12 through 14, delete those lines
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5 and insert:
6 Affairs to administer a compliance and
7 mitigation program; requiring that the
8 compliance and mitigation program be provided
9 by a private,
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