61G20-2.001 Commission Organization and Operations.
(1) The Commission is
headed by a Chairman who is appointed by the Governor.
(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 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 appointed. 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 appointed.
(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 provided in subsection (11).
(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 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. The Commission and all of
its Committees shall only consider motions to approve and not consider motions
to deny. 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) 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.