Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. SB 4-A
                        Barcode 021410
                            CHAMBER ACTION
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       01/17/2007 02:06 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 55, line 1, through
15            page 83, line 6, delete those lines
16  
17  and insert:  
18         Section 6.  Section 284.3101, Florida Statutes, is
19  created to read:
20         284.3101  Coverages; separate accounts; public housing
21  authorities.--The Insurance Risk Management Trust Fund may
22  also cover all public housing authorities as defined in s.
23  421.03 and the employees, agents, and volunteers of such
24  authorities, and, notwithstanding s. 284.32, may also provide
25  separate accounts for workers' compensation, general
26  liability, fleet automotive liability, federal civil rights
27  actions under 42 U.S.C. s. 1983 or similar federal statutes,
28  and court-awarded attorney's fees in other proceedings against
29  the authority except for such awards in eminent domain or for
30  inverse condemnation or for awards by the Public Employees
31  Relations Commission. Unless specifically excluded by the
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 Department of Financial Services, the Insurance Risk 2 Management Trust Fund may also provide fleet automotive 3 liability coverage to motor vehicles titled to such a housing 4 authority when such motor vehicles are used by community 5 transportation coordinators performing, under contract to the 6 appropriate agency of this state, services for the 7 transportation disadvantaged under part I of chapter 427. Such 8 fleet automotive liability coverage shall be primary and shall 9 be subject to s. 768.28, parts II and III of chapter 284, and 10 applicable rules adopted thereunder, and to the terms and 11 conditions of the certificate of coverage issued by the 12 Department of Financial Services. 13 Section 7. Section 284.36, Florida Statutes, is 14 amended to read: 15 284.36 Appropriation deposits; premium 16 payment.--Premiums for coverage by the State Risk Management 17 Trust Fund as calculated on all coverages shall be billed and 18 charged to each state agency, or housing authority under s. 19 284.3101, according to coverages obtained by the fund for 20 their benefit, and such obligations shall be paid promptly by 21 each agency from its operating budget upon presentation of a 22 bill therefor. After the first year of operation, premiums to 23 be charged to all departments of the state are to be computed 24 on a retrospective rating arrangement based upon actual losses 25 accruing to the fund, taking into account reasonable 26 expectations, the maintenance and stability of the fund, and 27 the cost of insurance. 28 Section 8. Section 350.012, Florida Statutes, is 29 amended to read: 30 350.012 Committee on Public Service Commission and 31 Insurance Oversight; creation; membership; powers and 2 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 duties.-- 2 (1) There is created a standing joint committee of the 3 Legislature, designated the Committee on Public Service 4 Commission and Insurance Oversight, and composed of 12 members 5 appointed as follows: six members of the Senate appointed by 6 the President of the Senate, two of whom must be members of 7 the minority party; and six members of the House of 8 Representatives appointed by the Speaker of the House of 9 Representatives, two of whom must be members of the minority 10 party. The terms of members shall be for 2 years and shall run 11 from the organization of one Legislature to the organization 12 of the next Legislature. The President shall appoint the chair 13 of the committee in even-numbered years and the vice chair in 14 odd-numbered years, and the Speaker of the House of 15 Representatives shall appoint the chair of the committee in 16 odd-numbered years and the vice chair in even-numbered years, 17 from among the committee membership. Vacancies shall be filled 18 in the same manner as the original appointment. Members shall 19 serve without additional compensation, but shall be reimbursed 20 for expenses. 21 (2) The committee shall: 22 (a) Recommend to the Governor nominees to fill a 23 vacancy on the Public Service Commission, as provided by 24 general law; and 25 (b) Appoint a Public Counsel as provided by general 26 law; and. 27 (c) Confirm or reject the appointment by the Chief 28 Financial Officer of the Insurance Consumer Advocate, as 29 provided in s. 350.0615. 30 (3) The committee is authorized to file a complaint 31 with the Commission on Ethics alleging a violation of this 3 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 chapter by a commissioner, former commissioner, former 2 commission employee, or member of the Public Service 3 Commission Nominating Council. 4 (4) The committee will not have a permanent staff, but 5 the President of the Senate and the Speaker of the House of 6 Representatives shall select staff members from among existing 7 legislative staff, when and as needed. 8 Section 9. Section 350.0611, Florida Statutes, is 9 amended to read: 10 350.0611 Public Counsel; duties and powers.--It shall 11 be the duty of the Public Counsel to provide legal 12 representation for the people of the state in proceedings 13 before the commission and in proceedings before counties 14 pursuant to s. 367.171(8). The Public Counsel shall have such 15 powers as are necessary to carry out the duties of his or her 16 office, including, but not limited to, the following specific 17 powers: 18 (1) To recommend to the commission or the counties, by 19 petition, the commencement of any proceeding or action or to 20 appear, in the name of the state or its citizens, in any 21 proceeding or action before the commission or the counties and 22 urge therein any position which he or she deems to be in the 23 public interest, whether consistent or inconsistent with 24 positions previously adopted by the commission or the 25 counties, and utilize therein all forms of discovery available 26 to attorneys in civil actions generally, subject to protective 27 orders of the commission or the counties which shall be 28 reviewable by summary procedure in the circuit courts of this 29 state; 30 (2) To have access to and use of all files, records, 31 and data of the commission or the counties available to any 4 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 other attorney representing parties in a proceeding before the 2 commission or the counties; 3 (3) In any proceeding in which he or she has 4 participated as a party, to seek review of any determination, 5 finding, or order of the commission or the counties, or of any 6 hearing examiner designated by the commission or the counties, 7 in the name of the state or its citizens; 8 (4) To prepare and issue reports, recommendations, and 9 proposed orders to the commission, the Governor, and the 10 Legislature on any matter or subject within the jurisdiction 11 of the commission, and to make such recommendations as he or 12 she deems appropriate for legislation relative to commission 13 procedures, rules, jurisdiction, personnel, and functions; and 14 (5) To appear before other state agencies, federal 15 agencies, and state and federal courts in connection with 16 matters under the jurisdiction of the commission, in the name 17 of the state or its citizens; and. 18 (6) To represent, through the Insurance Consumer 19 Advocate, the general public of the state on matters related 20 to the regulation of insurance before the Office of Insurance 21 Regulation, the Department of Financial Services, and the 22 Financial Services Commission, as provided in s. 350.0615. 23 Section 10. Section 350.0613, Florida Statutes, is 24 amended to read: 25 350.0613 Public Counsel; employees; receipt of 26 pleadings.--The committee may authorize the Public Counsel to 27 employ clerical and technical assistants whose qualifications, 28 duties, and responsibilities the committee shall from time to 29 time prescribe. The committee may from time to time authorize 30 retention of the services of additional attorneys, actuaries, 31 economists, or experts to the extent that the best interests 5 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 of the people of the state will be better served thereby, 2 including the retention of expert witnesses and other 3 technical personnel for participation in contested proceedings 4 before the Public Service Commission, the Office of Insurance 5 Regulation, the Department of Financial Services, or the 6 Financial Services Commission. The Public Service Commission 7 shall furnish the Public Counsel with copies of the initial 8 pleadings in all proceedings before the commission. The Office 9 of Insurance Regulation, the Financial Services Commission, 10 and the Department of Financial Services shall furnish the 11 Public Counsel with copies of all filings, as requested by the 12 Public Counsel or under such criteria as requested by the 13 Public Counsel, which relate to the jurisdiction of the 14 Insurance Consumer Advocate pursuant to s. 350.0615., and If 15 the Public Counsel or Insurance Consumer Advocate intervenes 16 as a party in any proceeding he or she shall be served with 17 copies of all subsequent pleadings, exhibits, and prepared 18 testimony, if used. Upon filing notice of intervention, the 19 Public Counsel or Insurance Consumer Advocate shall serve all 20 interested parties with copies of such notice and all of his 21 or her subsequent pleadings and exhibits. 22 Section 11. Section 350.0615, Florida Statutes, is 23 created to read: 24 350.0615 Insurance Consumer Advocate.--The Chief 25 Financial Officer shall appoint the Insurance Consumer 26 Advocate, who shall be subject to confirmation by the 27 Committee on Public Service Commission and Insurance 28 Oversight. The Insurance Consumer Advocate shall represent the 29 general public of the state on matters related to the 30 regulation of insurance before the Office of Insurance 31 Regulation, the Department of Financial Services, and the 6 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 Financial Services Commission. The Insurance Consumer Advocate 2 shall report directly to and be engaged as an employee of the 3 Public Counsel as a Deputy Public Counsel. The Public Counsel 4 shall provide administrative and staff support to the 5 Insurance Consumer Advocate. The Insurance Consumer Advocate 6 has all powers that are necessary to carry out his or her 7 duties, including, but not limited to, the powers to: 8 (1) Recommend to the office, department, or 9 commission, by petition, the commencement of any proceeding or 10 action; to appear in any proceeding or action before the 11 office, department, or commission; and to appear in any 12 proceeding before the Division of Administrative Hearings 13 relating to insurance matters under the jurisdiction of the 14 office, department, or commission. 15 (2) Have access to and use of all files, records, and 16 data of the office, department, or commission. 17 (3) Examine all rate and form filings submitted to the 18 office, hire consultants as necessary to aid in the review 19 process, and recommend to the office, department, commission, 20 or Legislature any position considered by the Insurance 21 Consumer Advocate to be in the public interest. 22 Section 12. Section 395.1060, Florida Statutes, is 23 created to read: 24 395.1060 Risk pooling by certain hospitals and 25 hospital systems.-- 26 (1) Notwithstanding any other provision of law, any 27 two or more Florida-licensed hospitals located in this state 28 may form an alliance for the purpose of pooling and spreading 29 liabilities of its members relative to property exposure or 30 securing such property insurance coverage for the benefit of 31 its members, provided the alliance that is created must: 7 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 (a) Have annual premiums in excess of $3 million; 2 (b) Maintain a continuing program of premium 3 calculation and evaluation and reserve evaluation to protect 4 the financial stability of the alliance in an amount and 5 manner determined by consultants using catastrophic (CAT) 6 modeling criteria or other risk-estimating methodologies, 7 including those used by qualified and independent actuaries; 8 (c) Cause to be prepared annually a fiscal year-end 9 financial statement in accordance with generally accepted 10 accounting principles and audited by an independent certified 11 public accountant within 6 months after the end of the fiscal 12 year; and 13 (d) Have a governing body comprised entirely of member 14 entities whose representatives on such governing body are 15 specified by the organizational documents of the alliance. 16 (2) For purposes of this section, the term: 17 (a) "Alliance" means a corporation, association, 18 limited liability company, or partnership or any other legal 19 entity formed by a group of eligible entities. 20 (b) "Property coverage" means coverage provided by 21 self-insurance or insurance for real or personal property of 22 every kind and every interest in such property against loss or 23 damage from any hazard or cause and against any loss 24 consequential to such loss or damage. 25 (3) An alliance that meets the requirements of this 26 section is not subject to any provision of the Florida 27 Insurance Code. 28 (4) An alliance that meets the requirements of this 29 section is not an insurer for purposes of participation in or 30 coverage by the Florida Insurance Guaranty Association 31 established in part II of chapter 631. Alliance self-insured 8 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 coverage is not subject to insurance premium tax, nor shall 2 any such alliance pursuant to this section be assessed for 3 purposes of s. 627.351 or s. 215.555. 4 Section 13. Section 553.73, Florida Statutes, is 5 amended to read: 6 553.73 Florida Building Code.-- 7 (1)(a) The commission shall adopt, by rule pursuant to 8 ss. 120.536(1) and 120.54, the Florida Building Code which 9 shall contain or incorporate by reference all laws and rules 10 which pertain to and govern the design, construction, 11 erection, alteration, modification, repair, and demolition of 12 public and private buildings, structures, and facilities and 13 enforcement of such laws and rules, except as otherwise 14 provided in this section. 15 (b) The technical portions of the Florida 16 Accessibility Code for Building Construction shall be 17 contained in their entirety in the Florida Building Code. The 18 civil rights portions and the technical portions of the 19 accessibility laws of this state shall remain as currently 20 provided by law. Any revision or amendments to the Florida 21 Accessibility Code for Building Construction pursuant to part 22 II shall be considered adopted by the commission as part of 23 the Florida Building Code. Neither the commission nor any 24 local government shall revise or amend any standard of the 25 Florida Accessibility Code for Building Construction except as 26 provided for in part II. 27 (c) The Florida Fire Prevention Code and the Life 28 Safety Code shall be referenced in the Florida Building Code, 29 but shall be adopted, modified, revised, or amended, 30 interpreted, and maintained by the Department of Financial 31 Services by rule adopted pursuant to ss. 120.536(1) and 9 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 120.54. The Florida Building Commission may not adopt a fire 2 prevention or lifesafety code, and nothing in the Florida 3 Building Code shall affect the statutory powers, duties, and 4 responsibilities of any fire official or the Department of 5 Financial Services. 6 (d) Conflicting requirements between the Florida 7 Building Code and the Florida Fire Prevention Code and Life 8 Safety Code of the state established pursuant to ss. 633.022 9 and 633.025 shall be resolved by agreement between the 10 commission and the State Fire Marshal in favor of the 11 requirement that offers the greatest degree of lifesafety or 12 alternatives that would provide an equivalent degree of 13 lifesafety and an equivalent method of construction. If the 14 commission and State Fire Marshal are unable to agree on a 15 resolution, the question shall be referred to a mediator, 16 mutually agreeable to both parties, to resolve the conflict in 17 favor of the provision that offers the greatest lifesafety, or 18 alternatives that would provide an equivalent degree of 19 lifesafety and an equivalent method of construction. 20 (e) Subject to the provisions of this act, 21 responsibility for enforcement, interpretation, and regulation 22 of the Florida Building Code shall be vested in a specified 23 local board or agency, and the words "local government" and 24 "local governing body" as used in this part shall be construed 25 to refer exclusively to such local board or agency. 26 (2) The Florida Building Code shall contain provisions 27 or requirements for public and private buildings, structures, 28 and facilities relative to structural, mechanical, electrical, 29 plumbing, energy, and gas systems, existing buildings, 30 historical buildings, manufactured buildings, elevators, 31 coastal construction, lodging facilities, food sales and food 10 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 service facilities, health care facilities, including assisted 2 living facilities, adult day care facilities, hospice 3 residential and inpatient facilities and units, and facilities 4 for the control of radiation hazards, public or private 5 educational facilities, swimming pools, and correctional 6 facilities and enforcement of and compliance with such 7 provisions or requirements. Further, the Florida Building Code 8 must provide for uniform implementation of ss. 515.25, 515.27, 9 and 515.29 by including standards and criteria for residential 10 swimming pool barriers, pool covers, latching devices, door 11 and window exit alarms, and other equipment required therein, 12 which are consistent with the intent of s. 515.23. Technical 13 provisions to be contained within the Florida Building Code 14 are restricted to requirements related to the types of 15 materials used and construction methods and standards employed 16 in order to meet criteria specified in the Florida Building 17 Code. Provisions relating to the personnel, supervision or 18 training of personnel, or any other professional qualification 19 requirements relating to contractors or their workforce may 20 not be included within the Florida Building Code, and 21 subsections (4), (5), (6), and (7), and (8) are not to be 22 construed to allow the inclusion of such provisions within the 23 Florida Building Code by amendment. This restriction applies 24 to both initial development and amendment of the Florida 25 Building Code. 26 (3) The commission shall select from available 27 national or international model building codes, or other 28 available building codes and standards currently recognized by 29 the laws of this state, to form the foundation for the Florida 30 Building Code. The commission may modify the selected model 31 codes and standards as needed to accommodate the specific 11 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 needs of this state. Standards or criteria referenced by the 2 selected model codes shall be similarly incorporated by 3 reference. If a referenced standard or criterion requires 4 amplification or modification to be appropriate for use in 5 this state, only the amplification or modification shall be 6 specifically set forth in the Florida Building Code. The 7 Florida Building Commission may approve technical amendments 8 to the code, subject to the requirements of subsections (7) 9 and (8), after the amendments have been subject to the 10 following conditions: 11 (a) The proposed amendment has been published on the 12 commission's website for a minimum of 45 days and all the 13 associated documentation has been made available to any 14 interested party before any consideration by any Technical 15 Advisory Committee; 16 (b) In order for a Technical Advisory Committee to 17 make a favorable recommendation to the commission, the 18 proposal must receive a three-fourths vote of the members 19 present at the Technical Advisory Committee meeting and at 20 least half of the regular members must be present in order to 21 conduct a meeting; 22 (c) After Technical Advisory Committee consideration 23 and a recommendation for approval of any proposed amendment, 24 the proposal must be published on the commission's website for 25 not less than 45 days before any consideration by the 26 commission; and 27 (d) Any proposal may be modified by the commission 28 based on public testimony and evidence from a public hearing 29 held in accordance with chapter 120. 30 31 The commission shall incorporate within sections of the 12 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 Florida Building Code provisions which address regional and 2 local concerns and variations. The commission shall make every 3 effort to minimize conflicts between the Florida Building 4 Code, the Florida Fire Prevention Code, and the Life Safety 5 Code. 6 (4)(a) All entities authorized to enforce the Florida 7 Building Code pursuant to s. 553.80 shall comply with 8 applicable standards for issuance of mandatory certificates of 9 occupancy, minimum types of inspections, and procedures for 10 plans review and inspections as established by the commission 11 by rule. Local governments may adopt amendments to the 12 administrative provisions of the Florida Building Code, 13 subject to the limitations of this paragraph. Local amendments 14 shall be more stringent than the minimum standards described 15 herein and shall be transmitted to the commission within 30 16 days after enactment. The local government shall make such 17 amendments available to the general public in a usable format. 18 The State Fire Marshal is responsible for establishing the 19 standards and procedures required in this paragraph for 20 governmental entities with respect to applying the Florida 21 Fire Prevention Code and the Life Safety Code. 22 (b) Local governments may, subject to the limitations 23 of this section, adopt amendments to the technical provisions 24 of the Florida Building Code which apply solely within the 25 jurisdiction of such government and which provide for more 26 stringent requirements than those specified in the Florida 27 Building Code, not more than once every 6 months. A local 28 government may adopt technical amendments that address local 29 needs if: 30 1. The local governing body determines, following a 31 public hearing which has been advertised in a newspaper of 13 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 general circulation at least 10 days before the hearing, that 2 there is a need to strengthen the requirements of the Florida 3 Building Code. The determination must be based upon a review 4 of local conditions by the local governing body, which review 5 demonstrates by evidence or data that the geographical 6 jurisdiction governed by the local governing body exhibits a 7 local need to strengthen the Florida Building Code beyond the 8 needs or regional variation addressed by the Florida Building 9 Code, that the local need is addressed by the proposed local 10 amendment, and that the amendment is no more stringent than 11 necessary to address the local need. 12 2. Such additional requirements are not discriminatory 13 against materials, products, or construction techniques of 14 demonstrated capabilities. 15 3. Such additional requirements may not introduce a 16 new subject not addressed in the Florida Building Code. 17 4. The enforcing agency shall make readily available, 18 in a usable format, all amendments adopted pursuant to this 19 section. 20 5. Any amendment to the Florida Building Code shall be 21 transmitted within 30 days by the adopting local government to 22 the commission. The commission shall maintain copies of all 23 such amendments in a format that is usable and obtainable by 24 the public. Local technical amendments shall not become 25 effective until 30 days after the amendment has been received 26 and published by the commission. 27 6. Any amendment to the Florida Building Code adopted 28 by a local government pursuant to this paragraph shall be 29 effective only until the adoption by the commission of the new 30 edition of the Florida Building Code every third year. At such 31 time, the commission shall review such amendment for 14 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 consistency with the criteria in paragraph (8)(a) (7)(a) and 2 adopt such amendment as part of the Florida Building Code or 3 rescind the amendment. The commission shall immediately notify 4 the respective local government of the rescission of any 5 amendment. After receiving such notice, the respective local 6 government may readopt the rescinded amendment pursuant to the 7 provisions of this paragraph. 8 7. Each county and municipality desiring to make local 9 technical amendments to the Florida Building Code shall by 10 interlocal agreement establish a countywide compliance review 11 board to review any amendment to the Florida Building Code, 12 adopted by a local government within the county pursuant to 13 this paragraph, that is challenged by any substantially 14 affected party for purposes of determining the amendment's 15 compliance with this paragraph. If challenged, the local 16 technical amendments shall not become effective until time for 17 filing an appeal pursuant to subparagraph 8. has expired or, 18 if there is an appeal, until the commission issues its final 19 order determining the adopted amendment is in compliance with 20 this subsection. 21 8. If the compliance review board determines such 22 amendment is not in compliance with this paragraph, the 23 compliance review board shall notify such local government of 24 the noncompliance and that the amendment is invalid and 25 unenforceable until the local government corrects the 26 amendment to bring it into compliance. The local government 27 may appeal the decision of the compliance review board to the 28 commission. If the compliance review board determines such 29 amendment to be in compliance with this paragraph, any 30 substantially affected party may appeal such determination to 31 the commission. Any such appeal shall be filed with the 15 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 commission within 14 days of the board's written 2 determination. The commission shall promptly refer the appeal 3 to the Division of Administrative Hearings for the assignment 4 of an administrative law judge. The administrative law judge 5 shall conduct the required hearing within 30 days, and shall 6 enter a recommended order within 30 days of the conclusion of 7 such hearing. The commission shall enter a final order within 8 30 days thereafter. The provisions of chapter 120 and the 9 uniform rules of procedure shall apply to such proceedings. 10 The local government adopting the amendment that is subject to 11 challenge has the burden of proving that the amendment 12 complies with this paragraph in proceedings before the 13 compliance review board and the commission, as applicable. 14 Actions of the commission are subject to judicial review 15 pursuant to s. 120.68. The compliance review board shall 16 determine whether its decisions apply to a respective local 17 jurisdiction or apply countywide. 18 9. An amendment adopted under this paragraph shall 19 include a fiscal impact statement which documents the costs 20 and benefits of the proposed amendment. Criteria for the 21 fiscal impact statement shall include the impact to local 22 government relative to enforcement, the impact to property and 23 building owners, as well as to industry, relative to the cost 24 of compliance. The fiscal impact statement may not be used as 25 a basis for challenging the amendment for compliance. 26 10. In addition to subparagraphs 7. and 9., the 27 commission may review any amendments adopted pursuant to this 28 subsection and make nonbinding recommendations related to 29 compliance of such amendments with this subsection. 30 (c) Any amendment adopted by a local enforcing agency 31 pursuant to this subsection shall not apply to state or school 16 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 district owned buildings, manufactured buildings or 2 factory-built school buildings approved by the commission, or 3 prototype buildings approved pursuant to s. 553.77(3). The 4 respective responsible entities shall consider the physical 5 performance parameters substantiating such amendments when 6 designing, specifying, and constructing such exempt buildings. 7 (5) The initial adoption of, and any subsequent update 8 or amendment to, the Florida Building Code by the commission 9 is deemed adopted for use statewide without adoptions by local 10 government. For a building permit for which an application is 11 submitted prior to the effective date of the Florida Building 12 Code, the state minimum building code in effect in the 13 permitting jurisdiction on the date of the application governs 14 the permitted work for the life of the permit and any 15 extension granted to the permit. 16 (6)(a) The commission, by rule adopted pursuant to ss. 17 120.536(1) and 120.54, shall update the Florida Building Code 18 every 3 years. When updating the Florida Building Code, the 19 commission shall select the most current version of the 20 International Building Code, the International Fuel Gas Code, 21 the International Mechanical Code, the International Plumbing 22 Code, and the International Residential Code, all of which are 23 adopted by the International Code Council, and the National 24 Electrical Code, which is adopted by the National Fire 25 Protection Association, to form the foundation codes of the 26 updated Florida Building Code, if the version has been adopted 27 by the applicable model code entity and made available to the 28 public at least 6 months prior to its selection by the 29 commission. 30 (b) Codes regarding noise contour lines shall be 31 reviewed annually, and the most current federal guidelines 17 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 shall be adopted. 2 (c) The commission may modify any portion of the 3 foundation codes only as needed to accommodate the specific 4 needs of this state, maintaining Florida-specific amendments 5 previously adopted by the commission and not addressed by the 6 updated foundation code. Standards or criteria referenced by 7 the codes shall be incorporated by reference. If a referenced 8 standard or criterion requires amplification or modification 9 to be appropriate for use in this state, only the 10 amplification or modification shall be set forth in the 11 Florida Building Code. The commission may approve technical 12 amendments to the updated Florida Building Code after the 13 amendments have been subject to the conditions set forth in 14 paragraphs (3)(a)-(d). Amendments to the foundation codes 15 which are adopted in accordance with this subsection shall be 16 clearly marked in printed versions of the Florida Building 17 Code so that the fact that the provisions are Florida-specific 18 amendments to the foundation codes is readily apparent. 19 (d) The commission shall further consider the 20 commission's own interpretations, declaratory statements, 21 appellate decisions, and approved statewide and local 22 technical amendments and shall incorporate such 23 interpretations, statements, decisions, and amendments into 24 the updated Florida Building Code only to the extent that they 25 are needed to modify the foundation codes to accommodate the 26 specific needs of the state. A change made by an institute or 27 standards organization to any standard or criterion that is 28 adopted by reference in the Florida Building Code does not 29 become effective statewide until it has been adopted by the 30 commission. Furthermore, the edition of the Florida Building 31 Code which is in effect on the date of application for any 18 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 permit authorized by the code governs the permitted work for 2 the life of the permit and any extension granted to the 3 permit. 4 (e) A rule updating the Florida Building Code in 5 accordance with this subsection shall take effect no sooner 6 than 6 months after publication of the updated code. Any 7 amendment to the Florida Building Code which is adopted upon a 8 finding by the commission that the amendment is necessary to 9 protect the public from immediate threat of harm takes effect 10 immediately. 11 (f) Provisions of the foundation codes, including 12 those contained in referenced standards and criteria, relating 13 to wind resistance or the prevention of water intrusion may 14 not be modified to diminish those construction requirements; 15 however, the commission may, subject to conditions in this 16 subsection, modify the provisions to enhance those 17 construction requirements. 18 (7)(f) Upon the conclusion of a triennial update to 19 the Florida Building Code, notwithstanding the provisions of 20 this subsection or subsection (3) or subsection (6), the 21 commission may address issues identified in this subsection 22 paragraph by amending the code pursuant only to the rule 23 adoption procedures contained in chapter 120. Provisions of 24 the Florida Building Code, including those contained in 25 referenced standards and criteria, relating to wind resistance 26 or the prevention of water intrusion may not be amended 27 pursuant to this subsection to diminish those construction 28 requirements; however, the commission may, subject to 29 conditions in this subsection, amend the provisions to enhance 30 those construction requirements. Following the approval of any 31 amendments to the Florida Building Code by the commission and 19 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 publication of the amendments on the commission's website, 2 authorities having jurisdiction to enforce the Florida 3 Building Code may enforce the amendments. The commission may 4 approve amendments that are needed to address: 5 (a)1. Conflicts within the updated code; 6 (b)2. Conflicts between the updated code and the 7 Florida Fire Prevention Code adopted pursuant to chapter 633; 8 (c)3. The omission of previously adopted 9 Florida-specific amendments to the updated code if such 10 omission is not supported by a specific recommendation of a 11 technical advisory committee or particular action by the 12 commission; or 13 (d)4. Unintended results from the integration of 14 previously adopted Florida-specific amendments with the model 15 code. 16 (8)(7)(a) The commission may approve technical 17 amendments to the Florida Building Code once each year for 18 statewide or regional application upon a finding that the 19 amendment: 20 1. Is needed in order to accommodate the specific 21 needs of this state. 22 2. Has a reasonable and substantial connection with 23 the health, safety, and welfare of the general public. 24 3. Strengthens or improves the Florida Building Code, 25 or in the case of innovation or new technology, will provide 26 equivalent or better products or methods or systems of 27 construction. 28 4. Does not discriminate against materials, products, 29 methods, or systems of construction of demonstrated 30 capabilities. 31 5. Does not degrade the effectiveness of the Florida 20 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 Building Code. 2 3 Furthermore, the Florida Building Commission may approve 4 technical amendments to the code once each year to incorporate 5 into the Florida Building Code its own interpretations of the 6 code which are embodied in its opinions, final orders, 7 declaratory statements, and interpretations of hearing officer 8 panels under s. 553.775(3)(c), but shall do so only to the 9 extent that incorporation of interpretations is needed to 10 modify the foundation codes to accommodate the specific needs 11 of this state. Amendments approved under this paragraph shall 12 be adopted by rule pursuant to ss. 120.536(1) and 120.54, 13 after the amendments have been subjected to the provisions of 14 subsection (3). 15 (b) A proposed amendment shall include a fiscal impact 16 statement which documents the costs and benefits of the 17 proposed amendment. Criteria for the fiscal impact statement 18 shall be established by rule by the commission and shall 19 include the impact to local government relative to 20 enforcement, the impact to property and building owners, as 21 well as to industry, relative to the cost of compliance. 22 (c) The commission may not approve any proposed 23 amendment that does not accurately and completely address all 24 requirements for amendment which are set forth in this 25 section. The commission shall require all proposed amendments 26 and information submitted with proposed amendments to be 27 reviewed by commission staff prior to consideration by any 28 technical advisory committee. These reviews shall be for 29 sufficiency only and are not intended to be qualitative in 30 nature. Staff members shall reject any proposed amendment that 31 fails to include a fiscal impact statement. Proposed 21 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 amendments rejected by members of the staff may not be 2 considered by the commission or any technical advisory 3 committee. 4 (d) Provisions of the Florida Building Code, including 5 those contained in referenced standards and criteria, relating 6 to wind resistance or the prevention of water intrusion may 7 not be amended pursuant to this subsection to diminish those 8 construction requirements; however, the commission may, 9 subject to conditions in this subsection, amend the provisions 10 to enhance those construction requirements. 11 (9)(8) The following buildings, structures, and 12 facilities are exempt from the Florida Building Code as 13 provided by law, and any further exemptions shall be as 14 determined by the Legislature and provided by law: 15 (a) Buildings and structures specifically regulated 16 and preempted by the Federal Government. 17 (b) Railroads and ancillary facilities associated with 18 the railroad. 19 (c) Nonresidential farm buildings on farms. 20 (d) Temporary buildings or sheds used exclusively for 21 construction purposes. 22 (e) Mobile or modular structures used as temporary 23 offices, except that the provisions of part II relating to 24 accessibility by persons with disabilities shall apply to such 25 mobile or modular structures. 26 (f) Those structures or facilities of electric 27 utilities, as defined in s. 366.02, which are directly 28 involved in the generation, transmission, or distribution of 29 electricity. 30 (g) Temporary sets, assemblies, or structures used in 31 commercial motion picture or television production, or any 22 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 sound-recording equipment used in such production, on or off 2 the premises. 3 (h) Storage sheds that are not designed for human 4 habitation and that have a floor area of 720 square feet or 5 less are not required to comply with the mandatory 6 wind-borne-debris-impact standards of the Florida Building 7 Code. 8 (i) Chickees constructed by the Miccosukee Tribe of 9 Indians of Florida or the Seminole Tribe of Florida. As used 10 in this paragraph, the term "chickee" means an open-sided 11 wooden hut that has a thatched roof of palm or palmetto or 12 other traditional materials, and that does not incorporate any 13 electrical, plumbing, or other nonwood features. 14 15 With the exception of paragraphs (a), (b), (c), and (f), in 16 order to preserve the health, safety, and welfare of the 17 public, the Florida Building Commission may, by rule adopted 18 pursuant to chapter 120, provide for exceptions to the broad 19 categories of buildings exempted in this section, including 20 exceptions for application of specific sections of the code or 21 standards adopted therein. The Department of Agriculture and 22 Consumer Services shall have exclusive authority to adopt by 23 rule, pursuant to chapter 120, exceptions to nonresidential 24 farm buildings exempted in paragraph (c) when reasonably 25 necessary to preserve public health, safety, and welfare. The 26 exceptions must be based upon specific criteria, such as 27 under-roof floor area, aggregate electrical service capacity, 28 HVAC system capacity, or other building requirements. Further, 29 the commission may recommend to the Legislature additional 30 categories of buildings, structures, or facilities which 31 should be exempted from the Florida Building Code, to be 23 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 provided by law. 2 (10)(9)(a) In the event of a conflict between the 3 Florida Building Code and the Florida Fire Prevention Code and 4 the Life Safety Code as applied to a specific project, the 5 conflict shall be resolved by agreement between the local 6 building code enforcement official and the local fire code 7 enforcement official in favor of the requirement of the code 8 which offers the greatest degree of lifesafety or alternatives 9 which would provide an equivalent degree of lifesafety and an 10 equivalent method of construction. 11 (b) Any decision made by the local fire official and 12 the local building official may be appealed to a local 13 administrative board designated by the municipality, county, 14 or special district having firesafety responsibilities. If the 15 decision of the local fire official and the local building 16 official is to apply the provisions of either the Florida 17 Building Code or the Florida Fire Prevention Code and the Life 18 Safety Code, the board may not alter the decision unless the 19 board determines that the application of such code is not 20 reasonable. If the decision of the local fire official and 21 the local building official is to adopt an alternative to the 22 codes, the local administrative board shall give due regard to 23 the decision rendered by the local officials and may modify 24 that decision if the administrative board adopts a better 25 alternative, taking into consideration all relevant 26 circumstances. In any case in which the local administrative 27 board adopts alternatives to the decision rendered by the 28 local fire official and the local building official, such 29 alternatives shall provide an equivalent degree of lifesafety 30 and an equivalent method of construction as the decision 31 rendered by the local officials. 24 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 (c) If the local building official and the local fire 2 official are unable to agree on a resolution of the conflict 3 between the Florida Building Code and the Florida Fire 4 Prevention Code and the Life Safety Code, the local 5 administrative board shall resolve the conflict in favor of 6 the code which offers the greatest degree of lifesafety or 7 alternatives which would provide an equivalent degree of 8 lifesafety and an equivalent method of construction. 9 (d) All decisions of the local administrative board, 10 or if none exists, the decisions of the local building 11 official and the local fire official, are subject to review by 12 a joint committee composed of members of the Florida Building 13 Commission and the Fire Code Advisory Council. If the joint 14 committee is unable to resolve conflicts between the codes as 15 applied to a specific project, the matter shall be resolved 16 pursuant to the provisions of paragraph (1)(d). 17 (e) The local administrative board shall, to the 18 greatest extent possible, be composed of members with 19 expertise in building construction and firesafety standards. 20 (f) All decisions of the local building official and 21 local fire official and all decisions of the administrative 22 board shall be in writing and shall be binding upon all 23 persons but shall not limit the authority of the State Fire 24 Marshal or the Florida Building Commission pursuant to 25 paragraph (1)(d) and ss. 663.01 and 633.161. Decisions of 26 general application shall be indexed by building and fire code 27 sections and shall be available for inspection during normal 28 business hours. 29 (11)(10) Except within coastal building zones as 30 defined in s. 161.54, specification standards developed by 31 nationally recognized code promulgation organizations to 25 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 determine compliance with engineering criteria of the Florida 2 Building Code for wind load design shall not apply to one or 3 two family dwellings which are two stories or less in height 4 unless approved by the commission for use or unless expressly 5 made subject to said standards and criteria by local ordinance 6 adopted in accordance with the provisions of subsection (4). 7 (12)(11) The Florida Building Code does not apply to, 8 and no code enforcement action shall be brought with respect 9 to, zoning requirements, land use requirements, and owner 10 specifications or programmatic requirements which do not 11 pertain to and govern the design, construction, erection, 12 alteration, modification, repair, or demolition of public or 13 private buildings, structures, or facilities or to 14 programmatic requirements that do not pertain to enforcement 15 of the Florida Building Code. Additionally, a local code 16 enforcement agency may not administer or enforce the Florida 17 Building Code to prevent the siting of any publicly owned 18 facility, including, but not limited to, correctional 19 facilities, juvenile justice facilities, or state 20 universities, community colleges, or public education 21 facilities, as provided by law. 22 Section 14. Subsection (2) of section 553.775, Florida 23 Statutes, is amended to read: 24 553.775 Interpretations.-- 25 (2) Local enforcement agencies, local building 26 officials, state agencies, and the commission shall interpret 27 provisions of the Florida Building Code in a manner that is 28 consistent with declaratory statements and interpretations 29 entered by the commission, except that conflicts between the 30 Florida Fire Prevention Code and the Florida Building Code 31 shall be resolved in accordance with s. 553.73(10)(c) and (d) 26 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 s. 553.73(9)(c) and (d). 2 Section 15. Upon the effective date of this act, each 3 jurisdiction having authority to enforce the Florida Building 4 Code shall, at a minimum, require wind-borne-debris protection 5 in accordance with s. 1609.1, International Building Code 6 (2006) within the "wind-borne-debris region" as that term is 7 defined in s. 1609.2, International Building Code (2006). 8 Section 16. (1) The Florida Building Commission shall 9 amend the Florida Building Code to reflect the application of 10 provisions identified in section 553.73, Florida Statutes, and 11 to eliminate all exceptions that provide less stringent 12 requirements. The amendments by the commission shall apply 13 throughout the state with the exception of the High Velocity 14 Hurricane Zone, which shall be governed as currently provided 15 within the Florida Building Code. The commission shall, in 16 addition, amend the code to require that, at a minimum, in 17 areas where the applicable design wind speed is less than 120 18 miles per hour, all new residences are designed and 19 constructed to withstand internal pressures. The commission 20 shall fulfill these obligations before July 1, 2007, pursuant 21 only to the provisions of chapter 120, Florida Statutes. 22 (2) The Florida Building Commission shall develop 23 voluntary "Code Plus" guidelines for increasing the hurricane 24 resistance of buildings. The guidelines must be modeled on the 25 requirements for the High Velocity Hurricane Zone and must 26 identify products, systems, and methods of construction that 27 the commission anticipates could result in stronger 28 construction. The commission shall include these guidelines in 29 its report to the 2008 Legislature. 30 Section 17. Paragraph (b) of subsection (3) of section 31 624.319, Florida Statutes, is amended to read: 27 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 624.319 Examination and investigation reports.-- 2 (3) 3 (b) Workpapers and other information held by the 4 department or office, and workpapers and other information 5 received from another governmental entity or the National 6 Association of Insurance Commissioners, for the department's 7 or office's use in the performance of its examination or 8 investigation duties pursuant to this section and ss. 624.316, 9 624.3161, 624.317, and 624.318 are confidential and exempt 10 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 11 the State Constitution. This exemption applies to workpapers 12 and other information held by the department or office before, 13 on, or after the effective date of this exemption. Such 14 confidential and exempt information may be disclosed to 15 another governmental entity, if disclosure is necessary for 16 the receiving entity to perform its duties and 17 responsibilities, and may be disclosed to the National 18 Association of Insurance Commissioners. The Public Counsel and 19 the Insurance Consumer Advocate shall have access to such 20 confidential and exempt information pertaining to insurance at 21 any time. The receiving governmental entity or the association 22 must maintain the confidential and exempt status of the 23 information. The information made confidential and exempt by 24 this paragraph may be used in a criminal, civil, or 25 administrative proceeding so long as the confidential and 26 exempt status of such information is maintained. This 27 paragraph is subject to the Open Government Sunset Review Act 28 of 1995 in accordance with s. 119.15 and shall stand repealed 29 on October 2, 2007, unless reviewed and saved from repeal 30 through reenactment by the Legislature. 31 Section 18. Paragraph (a) of subsection (2) of section 28 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 624.462, Florida Statutes, is amended to read: 2 624.462 Commercial self-insurance funds.-- 3 (2) As used in ss. 624.460-624.488, "commercial 4 self-insurance fund" or "fund" means a group of members, 5 operating individually and collectively through a trust or 6 corporation, that must be: 7 (a) Established by: 8 1. A not-for-profit trade association, industry 9 association, or professional association of employers or 10 professionals which has a constitution or bylaws, which is 11 incorporated under the laws of this state, and which has been 12 organized for purposes other than that of obtaining or 13 providing insurance and operated in good faith for a 14 continuous period of 1 year; 15 2. A self-insurance trust fund organized pursuant to 16 s. 627.357 and maintained in good faith for a continuous 17 period of 1 year for purposes other than that of obtaining or 18 providing insurance pursuant to this section. Each member of a 19 commercial self-insurance trust fund established pursuant to 20 this subsection must maintain membership in the self-insurance 21 trust fund organized pursuant to s. 627.357; 22 3. A group of 10 or more health care providers, as 23 defined in s. 627.351(4)(h), for purposes of providing medical 24 malpractice coverage; or 25 4. A not-for-profit group comprised of no fewer less 26 than 10 community condominium associations created and 27 operating under chapter 718, chapter 719, chapter 720, chapter 28 721, or chapter 723 as defined in s. 718.103(2), which is 29 incorporated under the laws of this state, which restricts its 30 membership to community condominium associations only, and 31 which has been organized and maintained in good faith for the 29 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 purpose of pooling and spreading the liabilities of its group 2 members relating to property or casualty risk or surety 3 insurance a continuous period of 1 year for purposes other 4 than that of obtaining or providing insurance. 5 Section 19. Subsection (1) of section 624.4622, 6 Florida Statutes, is amended to read: 7 624.4622 Local government self-insurance funds.-- 8 (1) Any two or more local governmental entities may 9 enter into interlocal agreements for the purpose of securing 10 the payment of benefits under chapter 440, or insuring or 11 self-insuring real or personal property of every kind and 12 every interest in such property against loss or damage from 13 any hazard or cause and against any loss consequential to such 14 loss or damage, provided the local government self-insurance 15 fund that is created must: 16 (a) Have annual normal premiums in excess of $5 17 million; 18 (b) Maintain a continuing program of excess insurance 19 coverage and reserve evaluation to protect the financial 20 stability of the fund in an amount and manner determined by a 21 qualified and independent actuary; 22 (c) Submit annually an audited fiscal year-end 23 financial statement by an independent certified public 24 accountant within 6 months after the end of the fiscal year to 25 the office; and 26 (d) Have a governing body which is comprised entirely 27 of local elected officials. 28 Section 20. Section 624.462215, Florida Statutes, is 29 created to read: 30 (1) As used in this section, the term "public housing 31 authority" has the same meaning as the term "authority" in s. 30 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 421.03. 2 (2) Any two or more public housing authorities in this 3 state may create a self-insurance fund as defined in s. 4 624.4622 for the purpose of: 5 (a) Securing the payment benefits under chapter 440; 6 or 7 (b) Insuring or self-insuring real or personal 8 property of every kind and every interest in such property 9 against loss or damage from any hazard or cause and against 10 any loss consequential to such loss or damage. 11 12 Any fund created under this section must meet all the 13 provisions of s. 624.4622. 14 (3) Each public housing authority is exempt from: 15 (a) Each tax or assessment imposed under ss. 175.101, 16 185.08, 624.509, 627.351, and 631.55; and 17 (b) Any requirement to have a governing body that is 18 composed entirely of local elected officials. 19 (4) Each public housing authority that creates a 20 self-insurance fund meeting the requirements of this section 21 is not subject to s. 624.4621 and need not file any report 22 with the office under s. 440.38(2)(b) which is uniquely 23 required of the group self-insurer funds qualified under s. 24 624.4621. If any of the requirements of this section are not 25 met, the local government self-insurance fund is subject to 26 the requirements of s. 624.4621. 27 28 (Redesignate subsequent sections.) 29 30 31 31 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 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 3, line 12, through page 6, line 1, delete 4 those lines 5 6 and insert: 7 filing; creating s. 284.3101, F.S.; providing 8 for the Insurance Risk Management Trust Fund to 9 cover or provide various types of insurance 10 concerning public housing authorities; amending 11 s. 284.36, F.S.; including public housing 12 authorities in provisions concerning billing 13 and charging for certain insurance premiums, to 14 conform; amending s. 350.012, F.S.; 15 redesignating the Committee on Public Service 16 Commission Oversight as the "Committee on 17 Public Service Commission and Insurance 18 Oversight"; requiring that the committee 19 confirm or reject the appointment of the 20 Insurance Consumer Advocate by the Chief 21 Financial Officer; amending s. 350.0611, F.S., 22 relating to the Public Counsel; providing 23 duties with respect to the Insurance Consumer 24 Advocate; amending s. 350.0613, F.S.; 25 authorizing the Public Counsel to represent the 26 public before the Office of Insurance 27 Regulation, the Financial Services Commission, 28 and the Department of Financial Services; 29 including certain proceedings related to rules 30 and rate filings for insurance; authorizing the 31 Public Counsel to have access to files of the 32 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 Office of Insurance Regulation, the Financial 2 Services Commission, and the Department of 3 Financial Services, to seek review of orders of 4 the office and the commission, and to issue 5 reports, recommendations, and proposed orders 6 to the office and the commission; authorizing 7 the Committee on Public Service Commission and 8 Insurance Oversight to authorize the Public 9 Counsel to employ certain types of employees; 10 requiring the Office of Insurance Regulation, 11 the Financial Services Commission, and the 12 Department of Financial Services to provide 13 copies of certain filings to the Public 14 Counsel; creating s. 350.0615, F.S.; creating 15 the office of Insurance Consumer Advocate to 16 represent the public on matters relating to the 17 regulation of insurance; requiring the Chief 18 Financial Officer to appoint the Insurance 19 Consumer Advocate, who is subject to 20 confirmation by the Committee on Public Service 21 Commission and Insurance Oversight; providing 22 for the Insurance Consumer Advocate to report 23 directly to and be employed by the Public 24 Counsel; specifying the powers and duties of 25 the Insurance Consumer Advocate; creating s. 26 395.1060, F.S.; providing for risk pooling, 27 with respect to property exposure, by certain 28 hospitals and hospital systems; exempting 29 entities formed to do so from the Florida 30 Insurance Code; amending s. 553.73, F.S.; 31 prohibiting the Florida Building Commission 33 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 from modifying certain foundation codes 2 relating to wind resistance or the prevention 3 of water intrusion unless the modification 4 enhances such provisions; amending s. 553.775, 5 F.S., relating to interpretations of the 6 Florida Building Code; conforming a 7 cross-reference; requiring jurisdictions having 8 authority to enforce the Florida Building Code 9 to require wind-borne-debris protection 10 according to specified requirements; requiring 11 that the Florida Building Commission amend the 12 Florida Building Code to reflect the 13 requirements of the act and eliminate certain 14 less stringent requirements; providing an 15 exception; requiring an amendment to the code 16 with respect to certain provisions governing 17 new residential construction; requiring the 18 commission to develop voluntary guidelines for 19 increasing the hurricane resistance of 20 buildings; requiring that the guidelines be 21 included in the commission's report to the 2008 22 Legislature; amending s. 624.319, F.S.; 23 authorizing the Public Counsel and the 24 Insurance Consumer Advocate to have access to 25 certain confidential information held by the 26 Department of Financial Services or the Office 27 of Insurance Regulation; amending s. 624.462, 28 F.S.; revising requirements for the 29 establishment of a commercial self-insurance 30 fund by a not-for-profit group; amending s. 31 624.4622, F.S.; authorizing local government 34 12:12 PM 01/17/07 s0004Ac-21-s01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. SB 4-A Barcode 021410 1 self-insurance funds to insure or self-insure 2 real or personal property against loss or 3 damage; creating s. 624.462215, F.S.; providing 4 a definition; providing for a self-insurance 5 fund for certain public housing authorities; 6 specifying requirements concerning such a fund; 7 exempting public housing authorities from 8 various taxes and assessments concerning 9 insurance; exempting public housing authorities 10 from any requirement to have a governing body 11 composed entirely of local elected officials; 12 exempting public housing authorities that 13 create a self insurance fund from certain 14 reporting requirements under certain 15 conditions; amending s. 624.610, F.S.; 16 specifying 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 35 12:12 PM 01/17/07 s0004Ac-21-s01