Bill Summary – FastDemocracy

The Florida Senate
                      BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                  (This document is based on the provisions contained in the legislation as of the latest date listed below.)
                            Prepared By: The Professional Staff of the Committee on Appropriations
BILL:               SB 4-D
INTRODUCER:         Senator Boyd
SUBJECT:            Roof Repair, Replacement, and Recovering Requirements
DATE:               May 21, 2022                    REVISED:
             ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Johnson/Knudson                      Shettle                                AP             Favorable
    I.     Summary:
           SB 4-D requires the Florida Building Code to provide that when 25 percent or more of a roofing
           system or roof section is being repaired, replaced, or recovered, only the portion of the roofing
           system or roof section undergoing such work must be constructed in accordance with the current
           Florida Building Code in effect at that time. Currently, the Florida Building Code requires that
           not more than 25 percent of the total roof area or roof section of any existing building or
           structure shall be repaired, replaced or recovered in any 12-month period unless the entire
           existing roofing system or roof section is replaced to conform to requirements of the code. The
           bill creates an exception to this provision. The exception applies to roof systems and roof
           sections built, repaired, or replaced in accordance with the requirements of the 2007 Florida
           Building Code or subsequent editions.
    II.    Present Situation:
           The Florida Building Code
           The intent of the Florida Building Code is to establish unified and consistent minimum standards
           in the design, construction and compliance processes, and regulations for the safety, health, and
           general welfare of building occupants. The Florida Building Code also protects property
           investments and saves governmental entities the mitigation costs linked to natural disasters,
           including hurricanes.
           Background
           In 1974, Florida adopted a state minimum building code law requiring all local governments to
           adopt and enforce a building code.1 The system provided four separate model codes that local
           governments could consider and adopt to establish minimum standards of health and life safety
           for the public. In that system, the state’s role was limited to adopting all or relevant parts of new
1
    The Florida Building Code Act of 1974 (ch. 74-167, L.O.F.).
BILL:   SB 4-D                                                                                               Page 2
         editions of the four model codes. The law authorized local governments to amend and enforce
         their local codes.2
         In 1992, Hurricane Andrew demonstrated that this system of local codes did not provide the level
         of public protection that was necessary. The South Florida Building Code, which was the local
         code universally acknowledged as the strongest standard for hurricane protection, essentially
         failed. The resulting problems had impacts well beyond southern Miami-Dade County. The state
         filled the property insurer void left by failed and fleeing private insurance companies, and the
         federal government provided billions of dollars of aid into the disaster area.3 It became apparent
         the state had a significant interest in the effectiveness of building codes. After Hurricane
         Andrew, Miami-Dade County conducted a review of its building code and made significant
         changes to both the code and support systems for code enforcement. In other areas of the state
         the Florida Board of Building Codes and Standards (the predecessor to the Florida Building
         Commission) adopted significant upgrades to the wind resistance standards of the model state
         minimum code that was used by the majority of other local governments. The state also began
         licensing local governments’ code enforcement personnel.4 These steps proved critical in leading
         to the building codes that produced improved building performance in the 2004 hurricane season.
         In 1996, a study commission was appointed to review the system of local codes created by the
         1974 law and to make recommendations for modernizing the entire system.5 The 1998
         Legislature adopted the study commission’s recommendations for a single state building code
         and an enhanced oversight role for the state in local code enforcement. The same legislation
         created the Florida Building Commission (commission) to develop and maintain the Florida
         Building Code and related programs and processes.6 The 2000 Legislature authorized
         implementation of the Florida Building Code, and the first edition replaced all local codes on
         March 1, 2002.7 There have been seven editions to date, and the commission is in the process of
         developing the 8th Edition (2023) of the Florida Building Code.8
         Florida Building Code Standards Relating to Roof Replacement
         In regards to roof replacement, the Florida Building Code provides:
                 Not more than 25 percent of the total roof area or roof section of any
                 existing building or structure shall be repaired, replaced or recovered in
2
  See The Florida Building Commission, Annual Report FY 2019-2020, available at FBC_FY_2019-2020_Annual_Report
(floridabuilding.org) (last visited May 11, 2022).
3
  Final Report and Recommendations of the Governor’s Property and Casualty Insurance Reform Committee (Nov. 2006) (on
file with Senate Banking and Insurance Committee).
4
  Id.
5
  Id.
6
  Supra at 2.
7
  Id.
8
  Florida Building Commission, Florida Building Codes and Effective Dates, Microsoft PowerPoint - currentdates05-2-18
(floridabuilding.org) (last visited May 14, 2022).
BILL:   SB 4-D                                                                                                          Page 3
                  any 12-month period unless the entire existing roofing system or roof
                  section is replaced to conform to requirements of this code.9
         The Florida Building Code defines the term, “roof section,” as a separation or division of a roof
         area by existing joints, parapet walls, flashing (excluding valleys), difference of elevation
         (excluding hips and ridges), roof type or legal description; not including the roof area required
         for a proper tie-off with an existing system.10
         Local Government Amendments to the Florida Building Code
         The Florida Building Code authorizes local governments to adopt additional administrative
         requirements that are more stringent. Local technical amendments are subject to criteria
         established by s. 553.73(4), F.S. All local building codes that contain more stringent
         requirements in effect when the state minimum codes were adopted are expressly preserved by
         the 1974 Act.11
         In October 1957, the Board of County Commissioners of Dade County adopted the South Florida
         Building Code, and it was made effective December 31, 1957, as the building code for both the
         incorporated and unincorporated areas of Dade County, Florida.12 The Board of County
         Commissioners of Broward County adopted the South Florida Building Code.13 While Miami-
         Dade County was the first to adopt the South Florida Building Code on December 31, 1957,
         Broward County was close behind, adopting a slightly modified version of the South Florida
         Building Code, Dade County Edition, applicable to the unincorporated portions of the county in
         1961.14 It was not until 1976, however, that the South Florida Building Code was adopted as a
         mandatory standard for all municipalities in Broward County.15 The South Florida Building
         Code, originally adopted by Miami-Dade County and later by Broward County, contains the
9
  2020 Florida Building Code, 7th Edition, s. 1511.1.1, CHAPTER 15 ROOF ASSEMBLIES AND ROOFTOP
STRUCTURES, CHAPTER 15 ROOF ASSEMBLIES AND ROOFTOP STRUCTURES, 2020 Florida Building Code,
Building, 7th Edition | ICC Digital Codes (iccsafe.org) (last visited May 15, 2022).
10
   Section 1502 of the Florida Building Code.
11
   See AGO 75-232 (Aug. 27, 1975), State Building Codes—Relation to South Florida Building Code,
http://myfloridalegal.com/ago.nsf/Opinions/58ED017B3E7A20F0852566B800520953 and AGO-96-37 (May 23, 1996) (last
visited May 14, 2022) Counties--Charter Counties--Building Codes, The language of section 553.73, F.S., clearly recognizes
the authority of local governments to regulate in this area, thus, legislation relating to building codes is not preempted to the
State.…Dade County and other charter counties have the authority to adopt more stringent regulations than those set forth in
the State Minimum Building Codes as authorized by section 553.73, F.S. Regulations adopted by a charter county that are not
more stringent than those set forth in the codes would be invalid.
http://www.myfloridalegal.com/ago.nsf/Opinions/1FB613D88A7125138525633400614B36 (last visited May 14, 2022).
12
   See THE SOUTH FLORIDA BUILDING CODE as adopted for BROWARD COUNTY, FLORIDA
https://www.broward.org/CodeAppeals/Documents/Library/1957-SFBC.pdf (last visited May 14, 2022).
13
   Id. Due to certain statutory limitations, the Board of County Commissioners of Broward County was precluded from
adopting some administrative, organizational, and enforcement sections contained in the South Florida Building Code.
14
   Florida Public Hurricane Loss Model, The issue of code enforcement has also evolved
https://fphlm.cs.fiu.edu/files/wind_certification/v6.3Submission/Docs/pages_revised_in_reponse_to_deficiencies/FPHLM_2
017_RevJanuary2019_Submission_Document_page-58.pdf (last visited May 15, 2022).
15
   Broward County Code Appeals, History of South Florida Building Code,
https://www.broward.org/CodeAppeals/Pages/HistorySouthFloridaBuildingCode.aspx#:~:text=March%209%2C%201996%2
C%20marked%20the,%2C%20a%20county%2Dwide%20standard (last visited May 15, 2022). Chapter 71-575, L.O.F. This
special act was incorporated in the Broward County Charter by public referendum (March 9, 1976).
BILL:   SB 4-D                                                                                      Page 4
         following roof replacement standard that was later substantially adopted in the Florida Building
         Code:
                  ROOFING: Not more than 25 percent of the roof covering of any building
                  or structure shall be replaced in any 12 month period unless the entire roof
                  covering is made to conform to the requirements of this Code.16
         The Florida Building Commission
         The commission, which is housed within the Florida Department of Business and Professional
         Regulation, is a 19-member technical body responsible for the development, maintenance, and
         interpretation of the Florida Building Code. The commission also approves products for
         statewide acceptance. Members are appointed by the Governor and confirmed by the Senate and
         include design professionals, contractors, and government experts in the various disciplines
         covered by the Florida Building Code.17 The commission must update the Florida Building Code
         every three years.18
III.     Effect of Proposed Changes:
         Section 1. Amends s. 553.844, F.S. to require the Florida Building Code to provide that when 25
         percent or more of a roofing system or roof section is being repaired, replaced, or recovered,
         only the portion of the roofing system or roof section undergoing such work must be constructed
         in accordance with the current Florida Building Code in effect at that time.
         Currently, the Florida Building Code provides that not more than 25 percent of the total roof area
         or roof section of any existing building or structure shall be repaired, replaced or recovered in
         any 12-month period unless the entire existing roofing system or roof section is replaced to
         conform to requirements of this code. The bill creates an exception to this provision. The
         exception applies to roof systems and roof sections built, repaired, or replaced in accordance
         with the requirements of the 2007 Florida Building Code or subsequent editions.
         The bill also prohibits a local government from adopting by ordinance an administrative or
         technical amendment to the exception created by the bill.
         Section 2. This act takes effect upon becoming a law.
IV.      Constitutional Issues:
         A.       Municipality/County Mandates Restrictions:
                  None.
         B.       Public Records/Open Meetings Issues:
                  None.
16
   Supra at 12.
17
   Section 553.74, F.S.
18
   Section 553.73(7)(a), F.S.
 BILL:   SB 4-D                                                                                                   Page 5
          C.      Trust Funds Restrictions:
                  None.
          D.      State Tax or Fee Increases:
                  None.
          E.      Other Constitutional Issues:
                  None.
  V.      Fiscal Impact Statement:
          A.      Tax/Fee Issues:
                  None.
          B.      Private Sector Impact:
                  The implementation of the change in the Florida Building Code may result in a reduction
                  in the number of roofs being replaced rather than repaired by insurers in Florida, thereby
                  reducing the total claims attributable to roof replacements.
          C.      Government Sector Impact:
                  None.
 VI.      Technical Deficiencies:
          None.
VII.      Related Issues:
          None.
VIII.     Statutes Affected:
          This bill substantially amends section 553.844 of the Florida Statutes.
 IX.      Additional Information:
          A.      Committee Substitute – Statement of Changes:
                  (Summarizing differences between the Committee Substitute and the prior version of the bill.)
                  None.
          B.      Amendments:
                  None.
BILL:   SB 4-D                                                                                                                         Page 6
          This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: 
S 4D e1: 468.4334, 718.116, 718.117, 718.301, 718.501, 718.504, 719.501, 720.311, 721.15