FLORIDA BUILDING COMMISSION

 

COMMITTEE ORAGANIZATION AND PROCESS AD HOC

 

REPORT AND RECOMMENDATIONS

TO THE FLORIDA BUILDING COMMISSION

 

DECEMBER 5, 2006

 

Tampa, Florida

 

 

Meeting Design & Facilitation By

 

 

 

Report By Jeff A. Blair

Florida Conflict Resolution Consortium

Florida State University

 

jblair@fsu.edu

http:// consensus.fsu.edu

 

This document is available in alternate formats upon request to Dept. of Community Affairs, Codes & Standards, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, (850) 487-1824.

COMMITTEE ORAGANIZATION AND PROCESS AD HOC

REPORT AND RECOMMENDATIONS

DECEMBER 5, 2006

 

 

Overview

At the October 2006 Commission meeting, Raul L. Rodriguez, AIA, Chair of the Florida Building Commission, reported to the Commission that as a result of there being a large number of committees and workgroups—there is an overlap of participants and staff, as well as a limited quantity of time slots—stakeholders have recommended that the Commission consider allowing members appointed to TAC’s and workgroup’s to identify an alternate member to attend and participate in his/her place.

 

Chapter 553.77(1)(g) authorizes the Commission to appoint advisory committees and the Commission has done this through the use of workgroups. Rule 9B-3.004 (Commission Organization and Operations) addresses rules for Ad Hoc Committees, TAC’s, and POC’s. The Chair announced he was convening an ad hoc committee to consider alternate member provisions for both TAC’s and workgroups. The Chair noted that the ad hoc would consider options to ensure that TAC’s and workgroups’ have a quorum, and that all views are represented during TAC and workgroup meetings.

 

 

Committee Organization And Process Ad Hoc Membership

The Chair appointed the following Commissioners to sit on the Ad Hoc:

Raul Rodriguez (Chair), Dick Browdy, Nick D’Andrea, Do Kim, Dale Greiner, and George Wiggins.

 

 

SUMMARY OF AD HOC’S KEY DECISIONS

 

Opening and Meeting Attendance

The meeting started at 1:00 PM, and the following Ad Hoc members were present:

Raul Rodriguez (Chair), Dick Browdy, Nick D’Andrea, Do Kim, Dale Greiner, and George Wiggins.

 

DCA Staff Present

Rick Dixon, Mo Madani, and Betty Stevens.

Meeting Facilitation

The meeting was facilitated by Jeff Blair from the Florida Conflict Resolution Consortium at Florida State University. Information at: http://consensus.fsu.edu/

Project Webpage

Information on the project, including agenda packets, meeting reports, and related documents may be found in downloadable formats at the project webpage below:

http://consensus.fsu.edu/

 

Meeting Objectives

The Ad Hoc voted unanimously, 5 - 0 in favor, to approve the agenda as presented including the following objectives:

 

ü     To Review and Adopt Meeting Agenda and Procedures and Guidelines

ü     To Review Meeting Scope

ü     To Review the Code Amendment Process Review Workgroup’s Recommendations

ü     To Evaluate, Rank, and Refine Proposed Options for TAC/Workgroup Alternate Members

ü     To Consider Public Comment

ü     To Adopt Recommendations for Submittal to the Commission

ü     To Identify Any Needed Next Steps

 

 

Work Group’s Decision-Making Procedures and Meeting Guidelines

Jeff Blair reviewed the Workgroup’s decision-making procedures.

 

 

Review of Code Amendment Process Review Workgroup’s Rec’s.

The Ad Hoc Committee voted unanimously, 5 – 0 in favor, to recommend that the Commission implement the Code Amendment Process Review Workgroup’s recommendations regarding annual interim amendments and TAC review processes, through administrative rule and not via statutory change(s). The following recommendations should be implemented by Commission policy and administrative rule, and not through a statutory change(s):

 

1    Eliminate the annual interim amendment process, maintaining only the triennial and expedited processes.  Provide statutory authorization for the expedited process to be implemented whenever deemed necessary by the Commission, and amend the criteria for the expedited process to include updates and changes to federal and state laws.

 

1    Require the TAC’s to review code change proposals two times (two TAC reviews prior to Commission consideration, beginning with rule development) during the Code development phase of the update process, prior to the Commission conducting Chapter 120 rule development, with a rule development workshop and rule adoption hearing, in the adoption phase of the update process.

            The TAC’s would review proposed code amendments, and after the 45 public comment          period on the TAC’s recommendations, the TAC would review and make             recommendations regarding substantive comments, and then the TAC’s revised             recommendations would be submitted to the Commission for their consideration in a rule     development workshop and subsequently through a rule adoption hearing.

 

 

 

Florida specific amendments to the base code should be narrowly defined and adhered to. This should be limited to only what is specifically needed in Florida beyond the provisions of the base code.

A set of criteria and a filtering process will be designed, and a process will be implemented to review and ensure that only Florida specific amendments are considered.

A screening process will be designed to ensure Florida specificity.

This process will be implemented so that no additional time is added to the overall code review process.

Only Florida specific amendments will be considered during the code update process (new and existing Florida specific amendments).

6 – 0 in favor.

 

 

COMMISSION TAC AND WORKGROUP ALTERNATE MEMBER PARTICIPATION POLICY

 

An individual TAC and/or workgroup member may nominate another individual to participate in a meeting in his/her absence.

Selection of Alternate

The TAC and/or workgroup member must select his/her nominee, and in writing notify the Commission Chair, through the Department of Community Affairs.

Alternate members must be of the same stakeholder/constituent group as the appointed member.

The nominee must attend at least one meeting of the TAC and/or workgroup prior to serving as an alternate.

DCA staff will notify the member if his/her alternate selection is approved.

Other TAC and/or workgroup members may notify the Commission Executive Director of any concerns they have regarding the nominee.

Participation of Approved Alternate Member(s)

The appointed member must notify the Facilitator in advance of the meeting that they will miss the next meeting and his/her alternate will attend in his/her place.

The appointed member must provide the alternate member with a copy of the upcoming meeting’s agenda and other relevant documents, and consult with alternate on the substantive discussion issues before the TAC and/or workgroup.

The appointed member should provide his/her alternate with a summary of his/her views on each of the substantive issues under consideration at the upcoming TAC and/or workgroup meeting.

The Alternate shall sit at the table and participate and vote on all substantive discussions. The alternate should represent the appointed member’s views on substantive discussion issues.

The alternate shall agree to follow all procedures as stipulated in the TAC and/or workgroup’s adopted “Procedural Guidelines”.

 

Removal of Alternate

All TAC and workgroup appointed members and alternates serve at the pleasure of the Commission Chair.

Commission Members on TAC’s and Workgroups

Commission members may not appoint an alternate member.

The Alternate Member Participation policy does not apply to POC’s and Ad Hoc committees, since they are constituted entirely of Commission members.

 

 

Adoption of Package of Recommendations for Submittal to the Commission

The Ad Hoc voted unanimously, 6 – 0 in favor, to adopt the package of recommendations regarding the code amendment process and the alternate workgroup and TAC member proposal.

 

 

Adjournment

The Workgroup voted to adjourn unanimously at 2:20 PM.