To amend the Commission's operational procedures in order to provide a means for the powers and duties of the chairmanship to be exercised during a vacancy in the position.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-2.001Commission Organization and Operations

PURPOSE AND EFFECT: To amend the Commission’s operational procedures in order to provide a means for the powers and duties of the chairmanship to be exercised during a vacancy in the position.

SUMMARY: Upon a vacancy in the chairmanship of 30 days, the duties of the Chairman shall devolve to the vice-chairman until a new Chairman is appointed, or to the Commission. Appointments made by the vice-chairman shall be subject to the review and approval of the Commission.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 553.76(1),(4), FS.

LAW IMPLEMENTED: 553.75, 553.76, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas Campbell, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G20-2.001 Commission Organization and Operations.

(1) through (3) No change.

(4) Upon a vacancy in the chairmanship of 30 days, the duties of the Chairman shall devolve to the vice-chairman until a new Chairman is appointed. Any appointments made by the vice-chairman are subject to the review and approval of the Commission. In the event there is no vice-chairman, the duties of the Chairman may be performed by the Commission until a new Chairman is appointed.

(5)(4) Program Oversight Committees shall be standing Committees composed of not less than five (5) members of the Florida Building Commission whose purpose/mission is to provide oversight of the programs the Legislature has assigned to the Commission.

(6)(5) Ad Hoc Committees shall consist of members of the Florida Building Commission as appointed by the Chairman from time to time to whose purpose/mission is to conduct investigations within the areas for which they are created and report all findings along with recommendations to the Commission for action. Members serve until the Ad Hoc completes assigned task(s).

(7)(6) The Chairman shall appoint members of the Commission and other interested parties as members of standing Technical Advisory Committees that reflect each of the technical sections of the Florida Building Code. Membership on each Committee shall be balanced to represent the interests of consumers, producers and a general interest category in conformance with ANSI consensus standards committee membership criteria for regulatory standards. The purpose/mission of the Committees is to review and advise the Commission regarding requests for declaratory statement, proposed amendments to the Florida Building Code pursuant to Rule 61G20-2.002, F.A.C., and in other areas of interest to the Commission as delegated by the Chairman. Non-Commission members of the Committees will serve on a voluntary basis without compensation for travel or per diem.

(8)(7) The Chairman may appoint work groups to study issues and present findings and recommendations to the appropriate Committees.

(9)(8) Non-Commissioner members of Committees and work groups may designate an alternate to participate in meetings and vote in their absence.

(10)(9) The Commission and all of its Committees (Ad Hoc Committees, Program Oversight Committees, and Technical Advisory Committees) shall make decisions only when a quorum is present. A quorum shall be constituted by at least 51% of the appointed members being present (simple majority).

(11)(10) The Commission and all of its Committees will utilize Robert’s Rules of Order to make and approve motions except as provided in subsection (11).

(12)(11) Resolution of petitions for declaratory statement shall be resolved as provided in Chapter 120, F.S., and Chapter 28-105, F.A.C., upon a vote of the majority of Commissioners or Committee members present. Resolution of petitions for waiver of accessibility requirements shall be resolved as provided in Chapter 61G20-4, F.A.C.

(13)(12) In all other matters, excepting procedural motions and votes on amendments to the Florida Building Code by Technical Advisory Committees, a 75% supermajority voting requirement will supersede the normal voting requirements used in Robert’s Rules of Order for decision making on all motions. The Commission and all of its Committees shall only consider motions to approve and not consider motions to deny. In addition, the Commission and all of its Committees shall utilize their adopted meeting guidelines for conduct during meetings.

(14)(13) With respect to matters within the jurisdiction of the Commission, the Department of Business and Professional Regulation is responsible for the implementation and faithful discharge of all decisions of the Commission relative to Chapter 553, F.S.

(15)(14) The Department shall be responsible for the provision of administration and staff support services relating to functions of the Commission.

(16)(15) Information relative to Commission operations including, but not limited to publications and documents, may be obtained during regular business hours from the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772.

(17)(16) The Commission operates under the provisions of Chapter 553, F.S., as implemented by these rules.

(18)(17) Records of all Commission proceedings are kept by the Department and may be examined in the Department office during regular business hours. Copies of Commission proceedings records may be obtained from the Department by paying the cost of copying.

(19)(18) All Commission proceedings are open to the public, and any member of the public may address the Commission upon request.

Rulemaking Authority 553.76(1), 553.77(1)(a) FS. Law Implemented 553.74, 553.75 FS. History–New 5-15-75, Amended 4-18-78, Formerly 9B-3.04, Amended 9-7-00, 11-20-01, 9-13-07, Formerly 9B-3.004, 9N-2.001, Amended 2-22-18,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Building Commission.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 19, 2019.