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Code Alert: FLorida, 07 April 2009



On March 31, 2009, the Florida Senate Committee on Community Affairs, Chaired by Senator Michael S. "Mike" Bennett, accepted a rewrite of proposed Senate Bill 2026 proposed by Senator Thad Altman, representing parts of Brevard, Orange, and Seminole counties, that would have in its original form placed a moratorium on the adoption of new codes in Florida. The vote on the rewrite was 9-0 to accept. The original SB 2026 was proposed in regard to the 2009 real estate market conditions, and basically addressed providing an extension for the expiration date of certain construction and operating permits and development orders; extending the period for completing required mitigation associated with such permits or orders; prohibiting additional permitting standards or criteria from being adopted or enforced during a specified period; and would have, upon becoming a law, applied retroactively to October 1, 2008. The primary point of interest in the original bill read:

“Additional or more stringent permitting standards, regulations, or criteria related to construction, development, building, or other land use activity may not be adopted or enforced by any governmental entity pursuant to chapter 161, chapter 163, chapter 253, chapter 373, chapter 378, chapter 379, chapter 380, chapter 381, chapter 403, or chapter 553, Florida Statutes, or pursuant to any local ordinance from May 1, 2009, through May 1, 2011, without authorization by the Legislature.”

However, the rewrite removed the above language that would have placed a timed moratorium on the adoption of new building codes in the State of Florida. In essence, this means that the adoption of the 2008 edition of the National Electrical Code® without amendment should go forward as planned with an implementation date of July 1, 2009.

Contact: John Minick: john.minick@nema.org