Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-2 - FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES › Section 61G20-2.001 - Commission Organization and Operations

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commission shall be headed by a
				Chairman who is elected by the members of the Commission. 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) The Chairman presides over all Commission
				meetings, appoints work groups, Program Oversight Committees, Technical
				Advisory Committees and Ad Hoc Committees, serves as official spokesman for the
				Commission, and delegates staff and Committee assignments. The Chairman shall
				review the membership of Program Oversight and Technical Advisory Committees
				and reappoint or replace members as needed.
(3) The Chairman shall 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. 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.
(5) 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) 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) 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) The Chairman may appoint work groups to
				study issues and present findings and recommendations to the appropriate
				Committees.
(9) Non-Commissioner
				members of Committees and work groups may designate an alternate to participate
				in meetings and vote in their absence.
(10) 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) 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.
(12) 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) 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) 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) The Department shall be responsible for
				the provision of administration and staff support services relating to
				functions of the Commission.
(16)
				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) The Commission operates under the
				provisions of Chapter 553, F.S., as implemented by these rules.
(18) 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) 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)-(2),
					 (4),
					 553.77(1)(a)
					 FS. Law Implemented 553.74,
					 553.75
					 FS.
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, 2-17-21.