June 06, 2020
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hb1307c1582141 CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  7

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  9

10  ______________________________________________________________

11  Representative(s) Bennett offered the following:

12

13         Amendment to Amendment (703277) 

14         On page 23, line 28, through page 25, line 19,

15  remove:  all of said lines

16

17  and insert:

18         5.  Any amendment to the Florida Building Code shall be

19  transmitted within 30 days by the adopting local government to

20  the commission.  The commission shall maintain copies of all

21  such amendments in a format that is usable and obtainable by

22  the public. Local technical amendments shall not become

23  effective until 30 days after the amendment has been received

24  and published by the commission.

25         6.  Any amendment to the Florida Building Code adopted

26  by a local government pursuant to this paragraph shall be

27  effective only until the adoption by the commission of the new

28  edition of the Florida Building Code every third year. At such

29  time, the commission shall review such amendment for

30  consistency with the criteria in paragraph (6)(a) and adopt

31  such amendment as part of the Florida Building Code or rescind

                                  1

    File original & 9 copies    03/13/02
    hbd0001                     03:48 pm         01307-0067-582141




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  the amendment. The commission shall immediately notify the

  2  respective local government of the rescission of any

  3  amendment. After receiving such notice, the respective local

  4  government may readopt the rescinded amendment pursuant to the

  5  provisions of this paragraph.

  6         7.  Each county and municipality desiring to make local

  7  technical amendments to the Florida Building Code shall by

  8  interlocal agreement establish a countywide compliance review

  9  board to review any amendment to the Florida Building Code,

10  adopted by a local government within the county pursuant to

11  this paragraph, that is challenged by any substantially

12  affected party for purposes of determining the amendment's

13  compliance with this paragraph. If challenged, the local

14  technical amendments shall not become effective until time for

15  filing an appeal pursuant to subparagraph 8 has expired or, if

16  there is an appeal, until the commission issues its final

17  order determining the adopted amendment is in compliance with

18  this subsection.

19         8.  If the compliance review board determines such

20  amendment is not in compliance with this paragraph, the

21  compliance review board shall notify such local government of

22  the noncompliance and that the amendment is invalid and

23  unenforceable until the local government corrects the

24  amendment to bring it into compliance. The local government

25  may appeal the decision of the compliance review board to the

26  commission, which shall conduct a hearing under chapter 120

27  and the uniform rules of procedure. If the compliance review

28  board determines such amendment to be in compliance with this

29  paragraph, any substantially affected party may appeal such

30  determination to the commission, which shall conduct a hearing

31  under chapter 120 and the uniform rules of procedure. any such

                                  2

    File original & 9 copies    03/13/02
    hbd0001                     03:48 pm         01307-0067-582141




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  appeal shall be filed with the commission within 14 days of

  2  the board's written determination. The commission shall

  3  promptly refer the appeal to the Division of Administrative

  4  Hearings for the assignment of an administrative law judge.

  5  The administrative law judge shall conduct the required

  6  hearing within 30 days, and shall enter a recommended order

  7  within 30 days of the conclusion of such hearing. The

  8  commission shall enter a final order within 30 days

  9  thereafter. The provisions of chapter 120 and the uniform

10  rules of procedure shall apply to such proceedings. The local

11  government adopting the amendment that is subject to challenge

12  has the burden of proving that the amendment complies with

13  this paragraph in proceedings before the compliance review

14  board and the commission, as applicable. Actions of the

15  commission are subject to judicial review pursuant to s.

16  120.68. The compliance review board shall determine whether

17  its decisions apply to a respective local jurisdiction or

18  apply countywide.

19         9.8.  An amendment adopted under this paragraph shall

20  include a fiscal impact statement which documents the costs

21  and benefits of the proposed amendment.  Criteria for the

22  fiscal impact statement shall include the impact to local

23  government relative to enforcement, the impact to property and

24  building owners, as well as to industry, relative to the cost

25  of compliance. The fiscal impact statement may not be used as

26  a basis for challenging the amendment for compliance.

27         10.9.  In addition to subparagraphs 7. and 9. 8., the

28

29

30

31

                                  3

    File original & 9 copies    03/13/02
    hbd0001                     03:48 pm         01307-0067-582141

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