Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1312
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2017           .                                

       The Committee on Community Affairs (Lee) recommended the
    1         Senate Amendment to Amendment (550330) (with title
    2  amendment)
    4         Delete lines 157 - 166
    5  and insert:
    6         Section 6. Subsection (3) of section 553.73, Florida
    7  Statutes, is amended, paragraph (d) is added to subsection (4)
    8  of that section, subsections (7) and (8) and paragraphs (a) and
    9  (b) of subsection (9) of that section are amended, and
   10  subsection (20) is added to that section, to read:
   11         553.73 Florida Building Code.—
   12         (3) The commission shall use the International Codes
   13  published by the International Code Council, the National
   14  Electric Code (NFPA 70), or other nationally adopted model codes
   15  and standards for updates to needed to develop the base code in
   16  Florida to form the foundation for the Florida Building Code.
   17  The Florida Building commission may approve technical amendments
   18  to the code as provided in, subject to subsections (8) and (9),
   19  after the amendments have been subject to all of the following
   20  conditions:
   21         (a) The proposed amendment must have has been published on
   22  the commission’s website for a minimum of 45 days and all the
   23  associated documentation must have has been made available to
   24  any interested party before any consideration by a technical
   25  advisory committee.;
   26         (b) In order for a technical advisory committee to make a
   27  favorable recommendation to the commission, the proposal must
   28  receive a two-thirds three-fourths vote of the members present
   29  at the technical advisory committee meeting. and At least half
   30  of the regular members must be present in order to conduct a
   31  meeting.;
   32         (c) After the technical advisory committee has considered
   33  and recommended consideration and a recommendation for approval
   34  of any proposed amendment, the proposal must be published on the
   35  commission’s website for at least 45 days before any
   36  consideration by the commission.; and
   37         (d) A proposal may be modified by the commission based on
   38  public testimony and evidence from a public hearing held in
   39  accordance with chapter 120.
   41  The commission shall incorporate within sections of the Florida
   42  Building Code provisions that which address regional and local
   43  concerns and variations. The commission shall make every effort
   44  to minimize conflicts between the Florida Building Code, the
   45  Florida Fire Prevention Code, and the Life Safety Code.
   46         (4)
   47         (d) A technical amendment to the Florida Building Code
   48  related to water conservation practices or design criteria
   49  adopted by a local government pursuant to this subsection is not
   50  rendered void when the code is updated if the technical
   51  amendment is necessary to protect or provide for more efficient
   52  use of water resources as provided in s. 373.621. However, any
   53  such technical amendment carried forward into the next edition
   54  of the code pursuant to this paragraph is subject to review or
   55  modification as provided in this part.
   56         (7)(a) The commission, by rule adopted pursuant to ss.
   57  120.536(1) and 120.54, shall adopt an updated update the Florida
   58  Building Code every 3 years through review of. When updating the
   59  Florida Building Code, the commission shall select the most
   60  current updates version of the International Building Code, the
   61  International Fuel Gas Code, the International Mechanical Code,
   62  the International Plumbing Code, and the International
   63  Residential Code, all of which are copyrighted and published by
   64  adopted by the International Code Council, and the National
   65  Electrical Code, which is copyrighted and published adopted by
   66  the National Fire Protection Association. At a minimum, the
   67  commission shall adopt any updates to such codes or any other
   68  code necessary to maintain eligibility for federal funding from
   69  the National Flood Insurance Program, the Federal Emergency
   70  Management Agency, and the United States Department of Housing
   71  and Urban Development, to form the foundation codes of the
   72  updated Florida Building Code, if the version has been adopted
   73  by the applicable model code entity. The commission shall also
   74  review and adopt updates based substantially on select the most
   75  current version of the International Energy Conservation Code
   76  (IECC) as a foundation code; however, the IECC shall be modified
   77  by the commission shall to maintain the efficiencies of the
   78  Florida Energy Efficiency Code for Building Construction adopted
   79  and amended pursuant to s. 553.901. The commission shall adopt
   80  updated codes by rule.
   81         (b) Codes regarding noise contour lines shall be reviewed
   82  annually, and the most current federal guidelines shall be
   83  adopted.
   84         (c) The commission may adopt as a technical amendment to
   85  the Florida Building Code modify any portion of the foundation
   86  codes identified in paragraph (a), but only as needed to
   87  accommodate the specific needs of this state. Standards or
   88  criteria adopted from these referenced by the codes shall be
   89  incorporated by reference to the specific provisions adopted. If
   90  a referenced standard or criterion requires amplification or
   91  modification to be appropriate for use in this state, only the
   92  amplification or modification shall be set forth in the Florida
   93  Building Code. The commission may approve technical amendments
   94  to the updated Florida Building Code after the amendments have
   95  been subject to the conditions set forth in paragraphs (3)(a)
   96  (d). Amendments that to the foundation codes which are adopted
   97  in accordance with this subsection shall be clearly marked in
   98  printed versions of the Florida Building Code so that the fact
   99  that the provisions are Florida-specific amendments to the
  100  foundation codes is readily apparent.
  101         (d) The commission shall further consider the commission’s
  102  own interpretations, declaratory statements, appellate
  103  decisions, and approved statewide and local technical amendments
  104  and shall incorporate such interpretations, statements,
  105  decisions, and amendments into the updated Florida Building Code
  106  only to the extent that they are needed to modify the foundation
  107  codes to accommodate the specific needs of the state. A change
  108  made by an institute or standards organization to any standard
  109  or criterion that is adopted by reference in the Florida
  110  Building Code does not become effective statewide until it has
  111  been adopted by the commission. Furthermore, the edition of the
  112  Florida Building Code which is in effect on the date of
  113  application for any permit authorized by the code governs the
  114  permitted work for the life of the permit and any extension
  115  granted to the permit.
  116         (e) A rule updating the Florida Building Code in accordance
  117  with this subsection shall take effect no sooner than 6 months
  118  after publication of the updated code. Any amendment to the
  119  Florida Building Code which is adopted upon a finding by the
  120  commission that the amendment is necessary to protect the public
  121  from immediate threat of harm takes effect immediately.
  122         (f) Provisions of the Florida Building Code foundation
  123  codes, including those contained in referenced standards and
  124  criteria, relating to wind resistance or the prevention of water
  125  intrusion may not be modified to diminish those construction
  126  requirements; however, the commission may, subject to conditions
  127  in this subsection, modify the provisions to enhance those
  128  construction requirements.
  129         (g) Amendments or modifications to the foundation code
  130  pursuant to this subsection shall remain effective only until
  131  the effective date of a new edition of the Florida Building Code
  132  every third year. Amendments or modifications related to state
  133  agency regulations which are adopted and integrated into an
  134  edition of the Florida Building Code shall be carried forward
  135  into the next edition of the code, subject to modification as
  136  provided in this part. Amendments or modifications related to
  137  the wind-resistance design of buildings and structures within
  138  the high-velocity hurricane zone of Miami-Dade and Broward
  139  Counties which are adopted to an edition of the Florida Building
  140  Code do not expire and shall be carried forward into the next
  141  edition of the code, subject to review or modification as
  142  provided in this part. If amendments that expire pursuant to
  143  this paragraph are resubmitted through the Florida Building
  144  commission code adoption process, the amendments must
  145  specifically address whether:
  146         1. The provisions contained in the proposed amendment are
  147  addressed in the applicable international code.
  148         2. The amendment demonstrates by evidence or data that the
  149  geographical jurisdiction of Florida exhibits a need to
  150  strengthen the foundation code beyond the needs or regional
  151  variations addressed by the foundation code, and why the
  152  proposed amendment applies to this state.
  153         3. The proposed amendment was submitted or attempted to be
  154  included in the foundation codes to avoid resubmission to the
  155  Florida Building Code amendment process.
  157  If the proposed amendment has been addressed in the
  158  international code in a substantially equivalent manner, the
  159  Florida Building commission may not include the proposed
  160  amendment in the foundation Code.
  161         (8) Notwithstanding the provisions of subsection (3) or
  162  subsection (7), the commission may address issues identified in
  163  this subsection by amending the code pursuant only to the rule
  164  adoption procedures contained in chapter 120. Provisions of The
  165  Florida Building Code, including provisions those contained in
  166  referenced standards and criteria which relate, relating to wind
  167  resistance or the prevention of water intrusion, may not be
  168  amended pursuant to this subsection to diminish those standards
  169  construction requirements; however, the commission may, subject
  170  to conditions in this subsection, amend the Florida Building
  171  Code the provisions to enhance such standards those construction
  172  requirements. Following the approval of any amendments to the
  173  Florida Building Code by the commission and publication of the
  174  amendments on the commission’s website, authorities having
  175  jurisdiction to enforce the Florida Building Code may enforce
  176  the amendments. The commission may approve amendments that are
  177  needed to address:
  178         (a) Conflicts within the updated code;
  179         (b) Conflicts between the updated code and the Florida Fire
  180  Prevention Code adopted pursuant to chapter 633;
  181         (c) Unintended results from the integration of previously
  182  adopted Florida-specific amendments with the model code;
  183         (d) Equivalency of standards;
  184         (e) Changes to or inconsistencies with federal or state
  185  law; or
  186         (f) Adoption of an updated edition of the National
  187  Electrical Code if the commission finds that delay of
  188  implementing the updated edition causes undue hardship to
  189  stakeholders or otherwise threatens the public health, safety,
  190  and welfare.
  191         (9)(a) The commission may approve technical amendments to
  192  the Florida Building Code once each year for statewide or
  193  regional application upon a finding that the amendment:
  194         1. Is needed in order to accommodate the specific needs of
  195  this state.
  196         2. Has a reasonable and substantial connection with the
  197  health, safety, and welfare of the general public.
  198         3. Strengthens or improves the Florida Building Code, or in
  199  the case of innovation or new technology, will provide
  200  equivalent or better products or methods or systems of
  201  construction.
  202         4. Does not discriminate against materials, products,
  203  methods, or systems of construction of demonstrated
  204  capabilities.
  205         5. Does not degrade the effectiveness of the Florida
  206  Building Code.
  208  The Florida Building Commission may approve technical amendments
  209  to the code once each year to incorporate into the Florida
  210  Building Code its own interpretations of the code which are
  211  embodied in its opinions, final orders, declaratory statements,
  212  and interpretations of hearing officer panels under s.
  213  553.775(3)(c), but only to the extent that the incorporation of
  214  interpretations is needed to modify the code foundation codes to
  215  accommodate the specific needs of this state. Amendments
  216  approved under this paragraph shall be adopted by rule after the
  217  amendments have been subjected to subsection (3).
  218         (b) A proposed amendment must include a fiscal impact
  219  statement that documents the costs and benefits of the proposed
  220  amendment. Criteria for the fiscal impact statement shall be
  221  established by rule by the commission and shall include the
  222  impact to local government relative to enforcement, the impact
  223  to property and building owners, and the impact to industry,
  224  relative to the cost of compliance. The amendment must
  225  demonstrate by evidence or data that the state’s geographical
  226  jurisdiction exhibits a need to strengthen the foundation code
  227  beyond the needs or regional variations addressed by the
  228  foundation code and why the proposed amendment applies to this
  229  state.
  230         (20) The Florida Building Commission may not:
  231         (a) Adopt the 2016 version of the American Society of
  232  Heating, Refrigerating and Air-Conditioning Engineers Standard
  234         (b) Adopt any provision that requires a door located in the
  235  opening between a garage and a residence to be equipped with a
  236  self-closing device.
  237         Section 7. Subsection (2) of section 553.76, Florida
  238  Statutes, is amended to read:
  239         553.76 General powers of the commission.—The commission is
  240  authorized to:
  241         (2) Issue memoranda of procedure for its internal
  242  management and control. The commission may adopt rules related
  243  to its consensus-based decisionmaking process, including, but
  244  not limited to, super majority voting requirements for
  245  commission actions relating to the adoption of the Florida
  246  Building Code or amendments to the code. However, the commission
  247  must adopt the Florida Building Code, and amendments thereto, by
  248  at least a two-thirds vote of the members present at a meeting.
  250  ================= T I T L E  A M E N D M E N T ================
  251  And the title is amended as follows:
  252         Delete lines 383 - 385
  253  and insert:
  254         F.S.; requiring the Florida Building Commission to use
  255         certain entities and codes for updates to the Florida
  256         Building Code; revising voting requirements for a
  257         technical advisory committee to make a favorable
  258         recommendation to the commission; providing that
  259         certain technical amendments to the Florida Building
  260         Code which are adopted by a local government are not
  261         rendered void when the code is updated; specifying
  262         that such amendments are subject to review or
  263         modification if carried forward into the next edition
  264         of the code; requiring the commission to update the
  265         Florida Building Code through a review of the most
  266         current updates of specified codes; requiring the
  267         commission to adopt specified provisions from certain
  268         codes; deleting provisions limiting how long an
  269         amendment or modification is effective; deleting a
  270         provision requiring certain amendments or
  271         modifications to be carried forward into the next
  272         edition of the code, subject to certain conditions;
  273         deleting certain requirements for the resubmission of
  274         expired amendments; deleting a provision prohibiting a
  275         proposed amendment from being included in the code if
  276         it has been addressed in the international code;
  277         conforming provisions to changes made by the act;
  278         prohibiting the commission from adopting certain
  279         provisions into the Florida Building Code; amending s.
  280         553.76, F.S.; requiring the commission to adopt the
  281         Florida Building Code, and amendments thereto, by a
  282         minimum percentage of votes; amending s. 553.79, F.S.;
  283         prohibiting a