Action Packet - Regulatory Reform Subcommittee (December 2, 2021)
Summary
Action packet for the Regulatory Reform Subcommittee meeting of December 2, 2021 at Webster Hall. The summary reports HB 33, HB 87, HB 267 and HB 6031 Favorable and HB 423 Favorable With Committee Substitute, each with Yeas: 13, and Amendment 551429 Adopted Without Objection. Appearances waiving in support include Edgar Castro of the Recording Industry Association of America on HB 33, and Phillip Suderman of Americans for Prosperity, Christian Camara of the Institute for Justice and Sal Nuzzo of The James Madison Institute on HB 87. The attached amendment by Representative LaMarca to HB 423 removes everything after the enacting clause and inserts new text amending Florida Statutes on building code inspectors.
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Regulatory Reform
Subcommittee
Wednesday, December 2, 2021
11 :00 AM - 12:30 PM
Webster Hall (212 Knott)
Action Packet
Chris Sprowls Bob Rommel
Speaker Chair
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
Summary:
Regulatory Reform Subcommittee
Thursday December 02, 2021 11:00 am
HB 33 Favorable Yeas: 13 Nays: O
HB 87 Favorable Yeas: 13 Nays: o
HB 267 Favorable Yeas: 13 Nays: O
HB 423 Favorable With Committee Substitute Yeas: 13 Nays: O
Amendment 551429 Adopted Without Objection
HB 6031 Favorable Yeas: 13 Nays: 0
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagis ® Page 1 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
Attendance:
Present Absent Excused
Bob Rommel (Chair) X
Mike Beltran X
Dan Daley X
Anna Eskamani X
Mike Giallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
William Robinson X
Jackie Toledo X
Totals: 14 0 4
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 2 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 33 : Electronic Dissemination of Commercial Recordings and Audiovisual Works
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Mike Beltran X
Dan Daley X
Anna Eskamani X
Mike Giallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
William Robinson X
Jackie Toledo X
Bob Rommel (Chair) X
Total Yeas: 13 Total Nays: 0
Appearances:
Electronic Dissemination of Commercial Recordings and Audiovisual Works
Castro, Edgar (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Recording Industry Association of America (RIAA)
Po Box 10570
Tallahassee FL
Phone: (850) 671-4401
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 3 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 87 : Criminal History in Professional Licensing Applications
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Mike Beltran X
Dan Daley X
Anna Eskamani X
Mike Giallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
William Robinson X
Jackie Toledo X
Bob Rommel (Chair) X
Total Yeas: 13 Total Nays: 0
Appearances:
Criminal History in Professional Licensing Applications
Suderman, Phillip (Lobbyist) - Waive In Support
Americans for Prosperity
Policy Director
Criminal History in Professional Licensing Applications
Camara, Christian (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Institute for Justice
PO Box 122
Tallahassee FL
Phone: (305) 608-4300
Criminal History in Professional Licensing Applications
Nuzzo , Sal (General Public) - Waive In Support
The James Madison Institute
Vice President of Policy
100 N Duval Street
Tallahassee FL 32301
Phone: 8503863131
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 4 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 87 : Criminal History in Professional Licensing Applications (continued)
Appearances: (continued)
Criminal History in Professional Licensing Applications
Boyd, Carrie (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
SPLC Action Fund
Policy Director
Po Box 10788
Tallahassee FL
Phone: (850) 521-3000
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 5 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 267 : Swimming Pool Specialty Contracting Services
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Mike Beltran X
Dan Daley X
Anna Eskamani X
Mike Glallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
William Robinson X
Jackie Toledo X
Bob Rommel (Chair) X
Total Yeas: 13 Total Nays: 0
Appearances:
Swimming Pool Specialty Contracting Services
Suderman, Phillip (General Public) - Waive In Support
Americans for Prosperity
Policy Director
Swimming Pool Specialty Contracting Services
Camara, Christian (Lobbyist) - Waive In Support
Institute for Justice
PO Box 122
Tallahassee FL 32302
Phone: 3056084300
Swimming Pool Specialty Contracting Services
Thlesen, Dallas (Lobbyist) - Waive In Support
Florida Swimming Pool Association
Government Affairs Manager
2555 Porter Lake Drive
Sarasota FL 34240
Phone: 9419529293
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 6 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 423 : Building Inspection Services
0 Favorable With Committee Substitute
Yea Nay No Vote Absentee Absentee
Yea Nay
Mike Beltran X
Dan Daley X
Anna Eskamani X
Mike Giallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
WIiiiam Robinson X
Jackie Toledo X
Bob Rommel (Chair) X
Total Yeas: 13 Total Nays: 0
HB 423 Amendments
Amendment 551429
0 Adopted Without Objection
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 7 of 8
COMMITTEE MEETING REPORT
Regulatory Reform Subcommittee
12/2/2021 11:00AM
Location: Webster Hall (212 Knott)
HB 6031 : Individual Wine Containers
0 Favorable
Yea Nay No Vote Absentee Absentee
Yea Nay
Mike Beltran X
Dan Daley X
Anna Eskamanl X
Mike Giallombardo X
Joy Goff-Marcil X
Tommy Gregory X
Michael Grieco X
Joe Harding X
Randall Maggard X
Amber Mariano X
Fiona McFarland X
Angela Nixon X
Anika Omphroy X
Tobin Overdorf X
Scott Plakon X
William Robinson X
Jackie Toledo X
Bob Rommel (Chair) X
Total Yeas: 13 Total Nays: 0
Appearances:
Individual Wine Containers
Suderman, Phillip (Lobbyist) - Waive In Support
Americans for Prosperity
Policy Director
Individual Wine Containers
Camara, Christian (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Institute for Justice
PO Box 122
Tallahassee FL
Phone: (305) 608-4300
Individual Wine Containers
Unger, Jason (Lobbyist) (Lobbyist Appearance Form Submitted) - Waive In Support
Seavin, Inc
GrayRobinson PA 301 S Bronaugh St Ste 600
Tallahassee FL
Phone: (850) 577-9090
Committee meeting was reported out: Thursday, December 02, 2021 4:35PM
Print Date: 12/02/2021 04:37 pm Leagls ® Page 8 of 8
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION V (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (9) is added to section 468.603,
8 Florida Statutes, to read:
9 468.603 Definitions.-As used in this part:
10 ( 9) "Private provider" has the same meaning as in s.
11 553. 791 (1) (n).
12 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
13 and (d) of subsection (7), and paragraph (b) of subsection (10)
14 of section 468.609, Florida Statutes, are amended to read:
15 468.609 Administration of this part; standards for
16 certification; additional categories of certification.-
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COMMITTEE/SUBCOMMITTEE AMENDJVIENT
Bill No. HB 423 (2022)
Amendment No. 1.
17 (2) A person may take the examination for certification as
18 a building code inspector or plans examiner pursuant to this
19 part if the person:
20 (c) Meets eligibility requirements according to one of the
21 following criteria:
22 1. Demonstrates 4 years' combined experience in the field
23 of construction or a related field, building code inspection, or
24 plans review corresponding to the certification category sought;
25 2. Demonstrates a combination of postsecondary education
26 in the field of construction or a related field and experience
27 which totals 3 years, with at least 1 year of such total being
28 experience in construction, building code inspection, or plans
29 review;
30 3. Demonstrates a combination of technical education in
31 the field of construction or a related field and experience
32 which totals 3 years, with at least 1 year of such total being
33 experience in construction, building code inspection, or plans
34 review;
35 4. Currently holds a standard certificate issued by the
36 board or a firesafety inspector license issued under pursuant to
37 chapter 633, with a minimum of 3 years' verifiable full-time
38 experience in firesafety inspection or firesafety plan review,
39 and has satisfactorily completed a building code inspector or
40 plans examiner training program that provides at least 100 hours
41 but not more than 200 hours of cross-training in the
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COMMITTEE/SUBCOMMITTEE AMENDJl.1ENT
Bill No. HB 423 (2022)
Amendment No. 1.
42 certification category sought. The board shall establish by rule
43 criteria for the development and implementation of the training
44 programs. The board must shall accept all classroom training
45 offered by an approved provider if the content substantially
46 meets the intent of the classroom component of the training
47 program;
48 5. Demonstrates a combination of the completion of an
49 approved training program in the field of building code
50 inspection or plan review and a minimum of 2 years' experience
51 in the field of building code inspection, plan review, fire code
52 inspections and fire plans review of new buildings as a
53 firesafety inspector certified under s. 633.216, or
54 construction. The approved training portion of this requirement
55 must shall include proof of satisfactory completion of a
56 training program that provides at least 200 hours but not more
57 than 300 hours of cross-training that is approved by the board
58 in the chosen category of building code inspection or plan
59 review in the certification category sought with at least 20
60 hours but not more than 30 hours of instruction in state laws,
61 rules, and ethics relating to professional standards of
62 practice, duties, and responsibilities of a certificateholder.
63 The board shall coordinate with the Building Officials
64 Association of Florida, Inc., to establish by rule the
65 development and implementation of the training program. However,
66 the board must shall accept all classroom training offered by an
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
67 approved provider if the content substantially meets the intent
68 of the classroom component of the training program;
69 6. Currently holds a standard certificate issued by the
70 board or a firesafety inspector license issued under pursuant to
71 chapter 633 and:
72 a. Has at least 4 years' verifiable full-time experience
73 as an inspector or plans examiner in a standard certification
74 category currently held or has a minimum of 4 years' verifiable
75 full-time experience as a firesafety inspector licensed under
76 pursuant to chapter 63 3.
77 b. Has satisfactorily completed a building code inspector
78 or plans examiner classroom training course or program that
79 provides at least 200 but not more than 300 hours in the
80 certification category sought, except for residential one fafflily
81 and two fafflily dwelling training programs, which must provide at
82 least 500 but not more than 800 hours of training as prescribed
83 by the board. The board shall establish by rule criteria for the
84 development and implementation of classroom training courses and
85 programs in each certification category; or
86 7.a. Has completed a 4-year internship certification
87 program as a building code inspector or plans examiner while
88 employed full-time by a municipality, county, or other
89 governmental jurisdiction, under the direct supervision of a
90 certified building official. A person may also complete the
91 internship certification program while employed full-time by a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
92 private provider or a private provider's firm that performs the
93 services of a building code inspector or plans examiner, while
94 under the direct supervision of the private provider who must be
95 a certified building official or a person licensed as an
96 engineer under chapter 471 or an architect under chapter 481.
97 Proof of graduation with a related vocational degree or college
98 degree or of verifiable work experience may be exchanged for the
99 internship experience requirement year-for-year, but may reduce
100 the requirement to no less than 1 year.
101 b. Has passed an examination administered by the
102 International Code Council in the certification category sought.
103 Such examination must be passed before beginning the internship
104 certification program.
105 c. Has passed the principles and practice examination
106 before completing the internship certification program.
107 d. Has passed a board-approved 40-hour code training
108 course in the certification category sought before completing
109 the internship certification program.
110 e. Has obtained a favorable recommendation from the
111 supervising building official, engineer, or architect after
112 completion of the internship certification program.
113 ( 7)
114 ( C) The board shall provide for appropriate levels of
115 provisional certificates and may issue these certificates with
116 such special conditions or requirements relating to the place of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
117 employment of the person holding the eertifieate, the
118 supervision of such person on a consulting or advisory l9asis 7 or
119 other matters as the board deems. may deem necessary to protect
120 the public safety and health. The board may not place a special
121 condition or requirement on a provisional certificate with
122 respect to the requirement of employment by a municipality,
123 county, or other local government agency.
124 (d) A person may perform the duties of a plans examiner or
125 building code inspector for 120 days if a provisional
126 certificate application has been submitted if such person is
127 under the direct supervision of a person licensed as a eertified
128 building code administrator under this part liho holds a standard
129 eertifieation and who has found such person qualified for a
130 provisional certificate. Direct supervision and the
131 determination of qualifications may also be provided by a
132 building code administrator who holds a limited or provisional
133 certificate in a county having a population of fewer than 75,000
134 and in a municipality located within such county.
135 ( 10)
136 (b) The board shall by rule establish:
137 1. Reciprocity of certification with any other state that
138 requires an examination administered by the International Code
139 Council.
140 2. That an applicant for certification as a building code
141 inspector or plans examiner may apply for a provisional
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COMMITTEE/SUBCOMMITTEE AMENDJ:v1ENT
Bill No. HB 423 (2022)
Amendment No. 1.
142 certificate valid for the duration of the internship period.
143 3. That partial completion of an internship program may be
144 transferred between jurisdictions or private providers, or a
145 private provider's firmr on a form prescribed by the board.
146 4. That an applicant may apply for a standard certificate
147 on a form prescribed by the board upon successful completion of
148 an internship certification program.
149 5. That an applicant may apply for a standard certificate
150 at least 30 days but a-fr€! no more than 60 days before completing
151 the internship certification program.
152 6. That a building code inspector or plans examiner who
153 has standard certification may seek an additional certification
154 in another category by completing an additional nonconcurrent 1-
155 year internship program in the certification category sought and
156 passing an examination administered by the International Code
157 Council and a board-approved 40-hour code training course.
158 Section 3. Paragraph (b) of subsection (2) and subsection
159 (13) of section 553.791, Florida Statutes, are amended, and
160 paragraph (c) is added to subsection (2) of that section, to
161 read:
162 553.791 Alternative plans review and inspection.-
163 (2)
164 (b) If an owner or contractor retains a private provider
165 for purposes of plans review or building inspection services,
166 the local jurisdiction must reduce the permit fee by the amount
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
167 of cost savings realized by the local enforcement agency for not
168 having to perform such services. Such reduction may be
169 calculated on a flat fee or percentage basis, or any other
170 reasonable means by which a local enforcement agency assesses
171 the cost for its plans review or inspection services. The local
172 jurisdiction may not charge fees for building inspections if the
173 fee owner or contractor hires a private provider to perform such
174 services; however, the local jurisdiction may charge a
175 reasonable administrative fee, which shall be based on the cost
176 that is actually incurred, including the labor cost of the
177 personnel providing the service, by the local jurisdiction or
178 attributable to the local jurisdiction for the clerical and
179 supervisory assistance required, or both.
180 (c) If an owner or contractor retains a private provider
181 for purposes of plans review or building inspection services,
182 the local jurisdiction must provide equal access to all
183 permitting and inspection documents and reports to the private
184 provider, owner, and contractor.
185 (13) No more than 2 business days after receipt of a
186 request for a certificate of occupancy or certificate of
187 completion and the applicant's presentation of a certificate of
188 compliance and approval of all other government approvals
189 required by law, the local building official shall issue the
190 certificate of occupancy or certificate of completion or provide
191 a notice to the applicant identifying the specific deficiencies,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1.
192 as well as the specific code chapters and sections. If the local
193 building official does not provide notice of the deficiencies
194 within the prescribed 2-day period, the request for a
195 certificate of occupancy or certificate of completion is
196 automatically shall be deemed granted and considered 4=fi.e-
197 ecrtificatc of occupancy or certifie_a te ef completion shall be
198 issued as of by the local building official on the next business
199 day, and the permit is closed. The local building official must
200 provide the applicant with the written certificate of occupancy
201 or certificate of completion within 10 days after it is
202 automatically granted and i s sued. To resolve any identified
203 deficiencies, the applicant may elect to dispute the
204 deficiencies pursuant to subsection (14) or to submit a
205 corrected request for a certificate of occupancy or certificate
206 of completion.
207 Section 4. This act shall take effect July 1, 2022.
208
209
210 TITLE AMENDMENT
211 Remove everything before the enacting clause and insert:
212 An act relating to building inspection services;
213 amending s. 468.603, F.S.; providing a definition;
214 amending s. 468.609, F.S.; revising eligibility
215 requirements for a person applying to become certified
216 as a building code inspector or plans examiner;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 423 (2022)
Amendment No. 1 .
217 revising the special conditions or requirements that
218 the Florida Building Code Administrators and
219 Inspectors Board may impose on provisional
220 certificates; authorizing a person to perform certain
221 duties under certain conditions if the person is under
222 the direct supervision of a person licensed as a
223 building code administrator, engineer, or architect;
224 authorizing that partial completion of an internship
225 program be transferred between jurisdictions or
226 private providers, or a private provider's firm;
227 amending s. 553.791, F.S.; limiting the administrative
228 fee that a local jurisdiction can charge when an owner
229 or contractor hires a private provider for inspection
230 services; requiring the local jurisdiction to provide
231 access to certain documents to a private provider,
232 contractor, and owner; providing that a certificate of
233 occupancy or certificate of completion is
234 automatically granted and issued, and the permit
235 application closed, under certain circumstances;
236 requiring the local building official to provide a
237 written certificate of occupancy or certificate of
238 completion within a specified time; providing an
239 effective date.
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