Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SPB 7000
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/24/2017           .                                

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