Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7000
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Commission;
    3         amending s. 553.73, F.S.; requiring the commission to
    4         use the 6th edition, and subsequent editions, of the
    5         Florida Building Code as the foundation for the
    6         development of and updates to the code; revising
    7         voting requirements for a technical advisory committee
    8         to make a favorable recommendation to the commission;
    9         providing that certain technical amendments to the
   10         Florida Building Code which are adopted by a local
   11         government are not rendered void when the code is
   12         updated; specifying that such amendments are subject
   13         to review or modification if carried forward into the
   14         next edition of the code; requiring the commission to
   15         review, rather than update, the Florida Building Code
   16         every 3 years; requiring the commission to adopt
   17         specified provisions from certain codes; deleting a
   18         provision that specifies how long amendments or
   19         modifications to the foundation remain effective;
   20         deleting provisions limiting how long an amendment or
   21         modification is effective; deleting a provision
   22         requiring certain amendments or modifications to be
   23         carried forward into the next edition of the code,
   24         subject to certain conditions; deleting certain
   25         requirements for the resubmission of expired
   26         amendments; deleting a provision prohibiting a
   27         proposed amendment from being included in the
   28         foundation if it has been addressed in the
   29         international code; conforming provisions to changes
   30         made by the act; amending s. 553.76, F.S.; requiring
   31         the commission to adopt the Florida Building Code, and
   32         amendments thereto, by a minimum percentage of votes;
   33         providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Subsection (3) of section 553.73, Florida
   38  Statutes, is amended, paragraph (d) is added to subsection (4)
   39  of that section, and subsections (7) and (8) and paragraphs (a)
   40  and (b) of subsection (9) of that section are amended, to read:
   41         553.73 Florida Building Code.—
   42         (3) The commission shall use the 6th edition, and
   43  subsequent editions, of the Florida Building Code as the
   44  International Codes published by the International Code Council,
   45  the National Electric Code (NFPA 70), or other nationally
   46  adopted model codes and standards needed to develop the base
   47  code in Florida to form the foundation for the development of
   48  and updates to the Florida Building Code. The Florida Building
   49  commission may approve technical amendments to the code as
   50  provided in, subject to subsections (8) and (9), after the
   51  amendments have been subject to all of the following conditions:
   52         (a) The proposed amendment must have has been published on
   53  the commission’s website for a minimum of 45 days and all the
   54  associated documentation must have has been made available to
   55  any interested party before any consideration by a technical
   56  advisory committee.;
   57         (b) In order for a technical advisory committee to make a
   58  favorable recommendation to the commission, the proposal must
   59  receive a two-thirds three-fourths vote of the members present
   60  at the technical advisory committee meeting. and At least half
   61  of the regular members must be present in order to conduct a
   62  meeting.;
   63         (c) After the technical advisory committee has considered
   64  and recommended consideration and a recommendation for approval
   65  of any proposed amendment, the proposal must be published on the
   66  commission’s website for at least 45 days before any
   67  consideration by the commission.; and
   68         (d) A proposal may be modified by the commission based on
   69  public testimony and evidence from a public hearing held in
   70  accordance with chapter 120.
   72  The commission shall incorporate within sections of the Florida
   73  Building Code provisions that which address regional and local
   74  concerns and variations. The commission shall make every effort
   75  to minimize conflicts between the Florida Building Code, the
   76  Florida Fire Prevention Code, and the Life Safety Code.
   77         (4)
   78         (d) A technical amendment to the Florida Building Code
   79  related to water conservation practices or design criteria
   80  adopted by a local government pursuant to this subsection is not
   81  rendered void when the code is updated if the technical
   82  amendment is necessary to protect or provide for more efficient
   83  use of water resources as provided in s. 373.621. However, any
   84  such technical amendment carried forward into the next edition
   85  of the code pursuant to this paragraph is subject to review or
   86  modification as provided in this part.
   87         (7)(a) The commission, by rule adopted pursuant to ss.
   88  120.536(1) and 120.54, shall review update the Florida Building
   89  Code every 3 years to consider whether it needs to be revised.
   90  The commission shall adopt code revisions by rule. When
   91  evaluating potential revisions to updating the Florida Building
   92  Code, the commission shall review select the most current
   93  version of the International Building Code, the International
   94  Fuel Gas Code, the International Mechanical Code, the
   95  International Plumbing Code, and the International Residential
   96  Code, all of which are adopted by the International Code
   97  Council, and the National Electrical Code, which is adopted by
   98  the National Fire Protection Association. At a minimum, the
   99  commission must adopt any provision from such codes or any other
  100  code necessary to maintain eligibility for federal funding from
  101  the National Flood Insurance Program, the Federal Emergency
  102  Management Agency, and the United States Department of Housing
  103  and Urban Development, to form the foundation codes of the
  104  updated Florida Building Code, if the version has been adopted
  105  by the applicable model code entity. The commission shall also
  106  review select the most current version of the International
  107  Energy Conservation Code (IECC) as a foundation code; however,
  108  the IECC shall be modified by the commission must to maintain
  109  the efficiencies of the Florida Energy Efficiency Code for
  110  Building Construction adopted and amended pursuant to s.
  111  553.901.
  112         (b) Codes regarding noise contour lines shall be reviewed
  113  annually, and the most current federal guidelines shall be
  114  adopted.
  115         (c) The commission may adopt as a technical amendment to
  116  the Florida Building Code modify any portion of the foundation
  117  codes identified in paragraph (a) only as needed to accommodate
  118  the specific needs of this state. Standards or criteria adopted
  119  from such referenced by the codes shall be incorporated by
  120  reference to the specific provisions of such codes which are
  121  adopted. If a referenced standard or criterion requires
  122  amplification or modification to be appropriate for use in this
  123  state, only the amplification or modification shall be set forth
  124  in the Florida Building Code. The commission may approve
  125  technical amendments to the updated Florida Building Code after
  126  the amendments have been subject to the conditions set forth in
  127  paragraphs (3)(a)-(d). Amendments that to the foundation codes
  128  which are adopted in accordance with this subsection shall be
  129  clearly marked in printed versions of the Florida Building Code
  130  so that the fact that the provisions are Florida-specific
  131  amendments to the foundation codes is readily apparent.
  132         (d) The commission shall further consider the commission’s
  133  own interpretations, declaratory statements, appellate
  134  decisions, and approved statewide and local technical amendments
  135  and shall incorporate such interpretations, statements,
  136  decisions, and amendments into the updated Florida Building Code
  137  only to the extent that they are needed to modify the foundation
  138  codes to accommodate the specific needs of the state. A change
  139  made by an institute or standards organization to any standard
  140  or criterion that is adopted by reference in the Florida
  141  Building Code does not become effective statewide until it has
  142  been adopted by the commission. Furthermore, the edition of the
  143  Florida Building Code which is in effect on the date of
  144  application for any permit authorized by the code governs the
  145  permitted work for the life of the permit and any extension
  146  granted to the permit.
  147         (e) A rule updating the Florida Building Code in accordance
  148  with this subsection shall take effect no sooner than 6 months
  149  after publication of the updated code. Any amendment to the
  150  Florida Building Code which is adopted upon a finding by the
  151  commission that the amendment is necessary to protect the public
  152  from immediate threat of harm takes effect immediately.
  153         (f) Provisions of the Florida Building Code foundation
  154  codes, including those contained in referenced standards and
  155  criteria, relating to wind resistance or the prevention of water
  156  intrusion may not be modified to diminish those construction
  157  requirements; however, the commission may, subject to conditions
  158  in this subsection, modify the provisions to enhance those
  159  construction requirements.
  160         (g) Amendments or modifications to the foundation code
  161  pursuant to this subsection shall remain effective only until
  162  the effective date of a new edition of the Florida Building Code
  163  every third year. Amendments or modifications related to state
  164  agency regulations which are adopted and integrated into an
  165  edition of the Florida Building Code shall be carried forward
  166  into the next edition of the code, subject to modification as
  167  provided in this part. Amendments or modifications related to
  168  the wind-resistance design of buildings and structures within
  169  the high-velocity hurricane zone of Miami-Dade and Broward
  170  Counties which are adopted to an edition of the Florida Building
  171  Code do not expire and shall be carried forward into the next
  172  edition of the code, subject to review or modification as
  173  provided in this part. If amendments that expire pursuant to
  174  this paragraph are resubmitted through the Florida Building
  175  commission code adoption process, the amendments must
  176  specifically address whether:
  177         1. The provisions contained in the proposed amendment are
  178  addressed in the applicable international code.
  179         2. The amendment demonstrates by evidence or data that the
  180  geographical jurisdiction of Florida exhibits a need to
  181  strengthen the foundation code beyond the needs or regional
  182  variations addressed by the foundation code, and why the
  183  proposed amendment applies to this state.
  184         3. The proposed amendment was submitted or attempted to be
  185  included in the foundation codes to avoid resubmission to the
  186  Florida Building Code amendment process.
  188  If the proposed amendment has been addressed in the
  189  international code in a substantially equivalent manner, the
  190  Florida Building commission may not include the proposed
  191  amendment in the foundation Code.
  192         (8) Notwithstanding the provisions of subsection (3) or
  193  subsection (7), the commission may address issues identified in
  194  this subsection by amending the code pursuant only to the rule
  195  adoption procedures contained in chapter 120. Provisions of The
  196  Florida Building Code, including provisions those contained in
  197  referenced standards and criteria which relate, relating to wind
  198  resistance or the prevention of water intrusion, may not be
  199  amended pursuant to this subsection to diminish those standards
  200  construction requirements; however, the commission may, subject
  201  to conditions in this subsection, amend the Florida Building
  202  Code the provisions to enhance such standards those construction
  203  requirements. Following the approval of any amendments to the
  204  Florida Building Code by the commission and publication of the
  205  amendments on the commission’s website, authorities having
  206  jurisdiction to enforce the Florida Building Code may enforce
  207  the amendments. The commission may approve amendments that are
  208  needed to address:
  209         (a) Conflicts within the updated code;
  210         (b) Conflicts between the updated code and the Florida Fire
  211  Prevention Code adopted pursuant to chapter 633;
  212         (c) Unintended results from the integration of previously
  213  adopted Florida-specific amendments with the model code;
  214         (d) Equivalency of standards;
  215         (e) Changes to or inconsistencies with federal or state
  216  law; or
  217         (f) Adoption of an updated edition of the National
  218  Electrical Code if the commission finds that delay of
  219  implementing the updated edition causes undue hardship to
  220  stakeholders or otherwise threatens the public health, safety,
  221  and welfare.
  222         (9)(a) The commission may approve technical amendments to
  223  the Florida Building Code once each year for statewide or
  224  regional application upon a finding that the amendment:
  225         1. Is needed in order to accommodate the specific needs of
  226  this state.
  227         2. Has a reasonable and substantial connection with the
  228  health, safety, and welfare of the general public.
  229         3. Strengthens or improves the Florida Building Code, or in
  230  the case of innovation or new technology, will provide
  231  equivalent or better products or methods or systems of
  232  construction.
  233         4. Does not discriminate against materials, products,
  234  methods, or systems of construction of demonstrated
  235  capabilities.
  236         5. Does not degrade the effectiveness of the Florida
  237  Building Code.
  239  The Florida Building Commission may approve technical amendments
  240  to the code once each year to incorporate into the Florida
  241  Building Code its own interpretations of the code which are
  242  embodied in its opinions, final orders, declaratory statements,
  243  and interpretations of hearing officer panels under s.
  244  553.775(3)(c), but only to the extent that the incorporation of
  245  interpretations is needed to modify the code foundation codes to
  246  accommodate the specific needs of this state. Amendments
  247  approved under this paragraph shall be adopted by rule after the
  248  amendments have been subjected to subsection (3).
  249         (b) A proposed amendment must include a fiscal impact
  250  statement that documents the costs and benefits of the proposed
  251  amendment. Criteria for the fiscal impact statement shall be
  252  established by rule by the commission and shall include the
  253  impact to local government relative to enforcement, the impact
  254  to property and building owners, and the impact to industry,
  255  relative to the cost of compliance. The amendment must
  256  demonstrate by evidence or data that the state’s geographical
  257  jurisdiction exhibits a need to strengthen the foundation code
  258  beyond the needs or regional variations addressed by the
  259  foundation code and why the proposed amendment applies to this
  260  state.
  261         Section 2. Subsection (2) of section 553.76, Florida
  262  Statutes, is amended to read:
  263         553.76 General powers of the commission.—The commission is
  264  authorized to:
  265         (2) Issue memoranda of procedure for its internal
  266  management and control. The commission may adopt rules related
  267  to its consensus-based decisionmaking process, including, but
  268  not limited to, super majority voting requirements for
  269  commission actions relating to the adoption of the Florida
  270  Building Code or amendments to the code. However, the commission
  271  must adopt the Florida Building Code, and amendments thereto, by
  272  at least a three-fourths vote of the members present at a
  273  meeting.
  274         Section 3. This act shall take effect July 1, 2017.