22 Section 7. Section 553.841 , Florida Statutes, is
23 amended to read:
24 553.841 Building code compliance and mitigation
25 program education and outreach program.--
26 (1) The Legislature finds that knowledge and
27 understanding by persons licensed in the design and
28 construction industries of the importance and need for
29 complying with the Florida Building Code is vital to the
30 public health, safety, and welfare of this state, especially
31 for mitigating damage caused by hurricanes to residents and
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1 visitors to the state. The Legislature further finds that the
2 Florida Building Code can be effective only if all
3 participants in the design and construction industries
4 maintain a thorough knowledge of the code and additions
5 thereto which improve construction standards to protect
6 against storm and other damage. Consequently, the Legislature
7 finds that there is a need for a program to provide ongoing
8 education and outreach activities concerning compliance with
9 the Florida Building Code and hurricane mitigation the
10 effectiveness of the building codes of this state depends on
11 the performance of all participants, as demonstrated through
12 knowledge of the codes and commitment to compliance with code
13 directives, and that to strengthen compliance by industry and
14 enforcement by government, a building code education and
15 outreach program is needed.
16 (2) The Department of Community Affairs shall
17 administer a program, designated as the Florida Building Code
18 Compliance and Mitigation Program, to develop, coordinate, and
19 maintain education and outreach to persons required to comply
20 with the Florida Building Code and ensure consistent
21 education, training, and communication of the code's
22 requirements, including, but not limited to, methods for
23 mitigation of storm-related damage. The program shall also
24 operate a clearinghouse through which design, construction,
25 and building code enforcement licensees, suppliers, and
26 consumers in this state may find others in order to exchange
27 information relating to mitigation and facilitate repairs in
28 the aftermath of a natural disaster. There is created the
29 Building Code Education and Outreach Council to coordinate,
30 develop, and maintain education and outreach to ensure
31 administration and enforcement of the Florida Building Code.
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1 (3) All services and materials under the Florida
2 Building Code Compliance and Mitigation Program must be
3 provided by a private, nonprofit corporation under contract
4 with the department. The term of the contract shall be for 4
5 years, with the option of one 4-year renewal at the end of the
6 contract term. The initial contract must be in effect no later
7 than November 1, 2007. The private, nonprofit corporation must
8 be an organization whose membership includes trade and
9 professional organizations whose members consist primarily of
10 persons and entities that are required to comply with the
11 Florida Building Code and that are licensed under part XII of
12 chapter 468, chapter 471, chapter 481, or chapter 489. When
13 selecting the private, nonprofit corporation for the program,
14 the department must give primary consideration to the
15 corporation's demonstrated experience and the ability to:
16 (a) Develop and deliver building code-related
17 education, training, and outreach;
18 (b) Directly access the majority of persons licensed
19 in the occupations of design, construction, and building code
20 enforcement individually and through established statewide
21 trade and professional association networks;
22 (c) Serve as a clearinghouse to deliver education and
23 outreach throughout the state. The clearinghouse must serve as
24 a focal point at which persons licensed to design, construct,
25 and enforce building codes and suppliers and consumers can
26 find each other in order to exchange information relating to
27 mitigation and facilitate repairs in the aftermath of a
28 natural disaster;
29 (d) Accept input from the Florida Building Commission,
30 licensing regulatory boards, local building departments, and
31
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1 the design and construction industries in order to improve its
2 education and outreach programs; and
3 (e) Promote design and construction techniques and
4 materials for mitigating hurricane damage at a Florida-based
5 trade conference that includes participants from the broadest
6 possible range of design and construction trades and
7 professions, including from those private and public-sector
8 entities having jurisdiction over building codes and design
9 and construction licensure. The Building Code Education and
10 Outreach Council shall be composed of the following members:
11 (a) Three representatives of the Florida Building
12 Commission, one of whom must be a member of a Florida-based
13 organization of persons with disabilities or a nationally
14 chartered organization of persons with disabilities having
15 chapters in this state, selected by the commission;
16 (b) One representative of the Florida Building Code
17 Administrators and Inspectors Board, selected by that board;
18 (c) One representative of the Construction Industry
19 Licensing Board, selected by that board;
20 (d) One representative of the Electrical Contractors'
21 Licensing Board, selected by that board;
22 (e) One representative of the Florida Board of
23 Professional Engineers, selected by that board;
24 (f) One architect representative of the Board of
25 Architecture and Interior Design, selected by that board;
26 (g) One interior designer representative of the Board
27 of Architecture and Interior Design, selected by that board;
28 (h) One representative of the Board of Landscape
29 Architecture, selected by that board;
30 (i) One representative from the office of the State
31 Fire Marshal, selected by that office; and
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1 (j) One representative with experience and expertise
2 in K-12 public school construction.
3
4 Each member of the board shall be appointed to a 2-year term
5 and may be reappointed at the discretion of the appointing
6 body. A chair shall be elected by majority vote of the council
7 and shall serve a term of 1 year.
8 (4) The Building Code Education and Outreach Council
9 shall meet in Tallahassee no more than semiannually. The
10 council may meet more often but not more than monthly, and
11 such additional meetings shall be by telephone conference
12 call. Travel costs, if any, shall be borne by the respective
13 appointing entity. The Department of Community Affairs shall
14 provide administrative support to the council; however, the
15 department may contract with an entity that has previous
16 experience with building code training, development, and
17 coordination to provide administrative support for the
18 council.
19 (5) The Building Code Education and Outreach Council
20 shall:
21 (a) Consider and determine any policies or procedures
22 needed to administer ss.
489.109
(3) and
489.509
(3).
23 (b) Administer the provisions of this section.
24 (c) Determine the areas of priority for which funds
25 should be expended for education and outreach.
26 (d) Review all proposed subjects for advanced courses
27 concerning the Florida Building Code and recommend to the
28 commission any related subjects that should be approved for
29 advanced courses.
30 (4)(6) The department, in administering the Florida
31 Building Code Compliance and Mitigation Program, Building Code
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1 Education and Outreach Council shall maintain, update,
2 develop, or cause to be developed:
3 (a) A core curriculum that is prerequisite to the
4 advanced module coursework.
5 (b) Advanced modules designed for use by each
6 profession.
7 (c) The core curriculum developed under this
8 subsection must be approved by the commission and submitted to
9 the Department of Business and Professional Regulation for
10 approval. Advanced modules developed under this paragraph must
11 be approved by the commission and submitted to the respective
12 boards for approval.
13 (5)(7) The core curriculum shall cover the information
14 required to have all categories of participants appropriately
15 informed as to their technical and administrative
16 responsibilities in the effective execution of the code
17 process by all individuals currently licensed under part XII
18 of chapter 468, chapter 471, chapter 481, or chapter 489,
19 except as otherwise provided in s. 471.017 . The core
20 curriculum shall be prerequisite to the advanced module
21 coursework for all licensees and shall be completed by
22 individuals licensed in all categories under part XII of
23 chapter 468, chapter 471, chapter 481, or chapter 489 within
24 the first 2-year period after initial licensure. Core course
25 hours taken by licensees to complete this requirement shall
26 count toward fulfillment of required continuing education
27 units under part XII of chapter 468, chapter 471, chapter 481,
28 or chapter 489.
29 (6)(8) Each biennium, upon receipt of funds by the
30 Department of Community Affairs from the Construction Industry
31 Licensing Board and the Electrical Contractors' Licensing
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1 Board provided under ss. 489.109 (3) and 489.509 (3), the
2 department council shall determine the amount of funds
3 available for the Florida Building Code Compliance and
4 Mitigation Program education and outreach projects from the
5 proceeds of contractor licensing fees and identify, solicit,
6 and accept funds from other sources for education and outreach
7 projects.
8 (7)(9) If the funds collected for education and
9 outreach projects provided through the Florida Building Code
10 Compliance and Mitigation Program in any state fiscal year do
11 not require the use of all available funds, the unused funds
12 shall be carried forward and allocated for use during the
13 following fiscal year.
14 (8) The Florida Building Commission shall provide by
15 rule for the accreditation of courses related to the Florida
16 Building Code by accreditors approved by the commission. The
17 commission shall establish qualifications of accreditors and
18 criteria for the accreditation of courses by rule. The
19 commission may revoke the accreditation of a course by an
20 accreditor if the accreditation is demonstrated to violate
21 this part or the rules of the commission.
22 (9) This section does not prohibit or limit the
23 subject areas or development of continuing education or
24 training on the Florida Building Code by any qualified entity.
25 (10) The commission shall consider and approve or
26 reject the recommendations made by the council for subjects
27 for education and outreach concerning the Florida Building
28 Code. Any rejection must be made with specificity and must be
29 communicated to the council.
30 (11) The commission shall adopt rules for establishing
31 procedures and criteria for the approval of advanced courses.
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1 This section does not modify or eliminate the continuing
2 education course requirements or authority of any licensing
3 board under part XII of chapter 468, chapter 471, chapter 481,
4 or chapter 489.