hb1307c1822271 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
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Bennett offered the following:

12

13         Amendment to Amendment (703277) (with title amendment) 

14         On page 40, between lines 1 and 2,

15

16  insert:

17         Section 19.  Paragraph (b) of subsection (4) of section

18  553.73, Florida Statutes, is amended to read:

19         553.73  Florida Building Code.--

20         (4)

21         (b)  Local governments may, subject to the limitations

22  of this section, adopt amendments to the technical provisions

23  of the Florida Building Code which apply solely within the

24  jurisdiction of such government and which provide for more

25  stringent requirements than those specified in the Florida

26  Building Code, not more than once every 6 months, provided:

27         1.  The local governing body determines, following a

28  public hearing which has been advertised in a newspaper of

29  general circulation at least 10 days before the hearing, that

30  there is a need to strengthen the requirements of the Florida

31  Building Code. The determination must be based upon a review

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1307

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





  1  of local conditions by the local governing body, which review

  2  demonstrates that local conditions justify more stringent

  3  requirements than those specified in the Florida Building Code

  4  for the protection of life and property.

  5         2.  Such additional requirements are not discriminatory

  6  against materials, products, or construction techniques of

  7  demonstrated capabilities.

  8         3.  Such additional requirements may not introduce a

  9  new subject not addressed in the Florida Building Code.

10         4.  The enforcing agency shall make readily available,

11  in a usable format, all amendments adopted pursuant to this

12  section.

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

14  transmitted within 30 days by the adopting local government to

15  the commission.  The commission shall maintain copies of all

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

17  the public. Local technical amendments shall not become

18  effective until 60 days after the amendment has been received

19  and published by the Florida Building Commission. If

20  challenged within 30 days after publication by the Florida

21  Building Commission, the local technical amendment shall not

22  become effective until the Florida Building Commission issues

23  a final order determining the adopted amendment is in

24  compliance with this subsection.

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

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                                                   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 the compliance review board

14  determines such amendment is not in compliance with this

15  paragraph, the compliance review board shall notify such local

16  government of the noncompliance and that the amendment is

17  invalid and unenforceable until the local government corrects

18  the amendment to bring it into compliance. The local

19  government may appeal the decision of the compliance review

20  board to the commission, which shall conduct a hearing under

21  chapter 120 and the uniform rules of procedure.  If the

22  compliance review board determines such amendment to be in

23  compliance with this paragraph, any substantially affected

24  party may appeal such determination to the commission, which

25  shall conduct a hearing under chapter 120 and the uniform

26  rules of procedure. Actions of the commission are subject to

27  judicial review pursuant to s. 120.68. The compliance review

28  board shall determine whether its decisions apply to a

29  respective local jurisdiction or apply countywide.

30         8.  An amendment adopted under this paragraph shall

31  include a fiscal impact statement which documents the costs

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1307

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





  1  and benefits of the proposed amendment.  Criteria for the

  2  fiscal impact statement shall include the impact to local

  3  government relative to enforcement, the impact to property and

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

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

  6  a basis for challenging the amendment for compliance.

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

  8  commission may review any amendments adopted pursuant to this

  9  subsection and make nonbinding recommendations related to

10  compliance of such amendments with this subsection.

11

12

13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 43, line 14, after the semicolon,

16

17  insert:

18         amending s. 553.73, F.S.; revising language

19         with respect to the Florida Building Code;

20         providing requirements with respect to local

21         technical amendments;

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