Chapter 2020-160, Laws of Florida, changed the composition of the Commission and removed the appointed chairman position. The changes to the rule provide for the election of the Commission’s chairman.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Building Commission

RULE NO.:RULE TITLE:

61G20-2.001Commission Organization and Operations

PURPOSE AND EFFECT: Chapter 2020-160, Laws of Florida, changed the composition of the Commission and removed the appointed chairman position. The changes to the rule provide for the election of the Commission’s chairman.

SUMMARY: The proposed amendment will allow the Commission to elect a chairman from its members. To be eligible to serve as chairman, a Commissioner must have served at least one year on the Commission. The chairman will serve from the date that a new edition of the Florida Building Code becomes effective until the subsequent edition of the Code goes into effect.

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: The proposed change will have no cost impact.

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)-(2), (4), 553.77(1)(a), F.S.

LAW IMPLEMENTED: 553.75, 553.76, F.S.

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) The Commission shall be is headed by a Chairman who is elected by the members of the Commission appointed by the Governor.  In order to qualify to serve as the Chairman, a Commissioner must have served on the Commission for a minimum of one year. In the event that no Commissioner has served on the Commission for a minimum of one year, all Commissioners shall qualify to serve as the Chairman. The first elected Chairman’s term shall run from the date of their election until a new edition of the Florida Building Code goes into effect. The term for all other Chairmen shall run from the date that a new edition of the Florida Building Code becomes effective until the subsequent edition of the Florida Building Code goes into effect.

(2) No change.

(3) The Chairman shall may appoint a vice-chairman to act in his absence and appoints the chairman for all Program Oversight, Technical Advisory and Ad Hoc Committees.

(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 elected appointed. The vice-chairman shall serve out the remainder of the Chairman’s term. 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 elected appointed.

(5) through (10) No change.

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

(12) No change.

(13) In all other matters, excepting procedural motions, the election of a Chairman, 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. In addition, the Commission and all of its Committees shall utilize their adopted meeting guidelines for conduct during meetings.

(14) through (19) No change.

Rulemaking Authority 553.76(1)-(2), (4), 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, 11-25-19, 6-8-20,                          .

 

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: October 13, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 14, 2020.