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- Governor Bush Signs HB 1307 Over Objections of the Disabled |
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The Honorable Katherine Harris Dear Secretary Harris: I hereby transmit to you, with my signature, Council Substitute for House Bill 1307, entitled: An act relating to Building Code Development. There are many sound reasons to sign this bill. Council Substitute for House Bill 1307 contains numerous provisions to streamline application of building code issues. Florida should be proud of its achievement to develop and implement a uniform building code. The code went into effect on March 1st of this year. The bill provides a process for nonbinding decisions, expedites hearings, and provides higher standards for local amendments to the code. Further, it authorizes the option for a building owner to use private providers to conduct plan reviews and building inspections. The bill also contains provisions passed in Senate Bill 990 regarding the privatization of elevator inspections. On the whole, the provisions in this bill are aimed at facilitating the application of the new code. However, a provision was added, which has raised great concern among persons with disabilities. Under current law, when renovations occur to an existing building, the building must meet Florida accessibility requirements. This requirement, at times, creates a disincentive to renovation and reuse due to disproportionate costs of the accessibility requirements. This bill would modify current law to provide a brightline test to determine economic hardship in the granting of waivers regarding vertical accessibility in existing buildings. As Florida’s cities age, it is important to promote the continued use and rehabilitation of buildings to maintain an active community and vibrant economy. However, the people who live in our communities are key to making this happen. Florida has made great strides to address the needs of our residents and visitors with disabilities. While we must address the issues of renovating buildings and providing access to all, we should strike an appropriate balance. A review of waivers granted indicates that this bill does not significantly alter current practice. In some cases applicants were required to comply with conditions over time. However, there is no provision for the enforcement of these conditions. Further, other waivers were granted with conditions not related to cost. The standards under the new law have not changed for these types of cases. I have heard from many individuals who have expressed concerns with the application of this new provision. Florida’s specific accessibility requirements still require access to all levels above and below ground, exceeding the federal vertical accessibility requirements which are limited to primary function areas. I wish to state my position that the Accessibility Advisory Council and the Florida Building Commission should apply these provisions with great scrutiny and with an aim toward ensuring accessibility for all our residents and visitors. A good example of how this provision can be applied, while still ensuring access is provided, occurred at the May 2002 meetings of the Accessibility Advisory Council and the Florida Building Commission. An applicant submitted a request for a waiver regarding vertical access. The building was being converted from apartments to a non-profit charter school. The project costs were estimated at $305,000, with the elevator costs estimated at between $133,000 and $148,000. The Council identified an alternative and less costly means to provide this access. The applicant agreed to provide vertical accessibility to the second floor through the Limited Use Limited Application Elevator. I believe this balance is achievable, and my administration will see it accomplished. The bill calls for the Florida Building Commission to develop recommendations with input from the disabled and development communities concerning the rehabilitation and use of existing structures. I encourage them to look at this issue and recommend any changes that they feel are appropriate to achieve the sensible middle ground between the industry’s input and the need for accessibility in the renovation of our buildings. In the final analysis, however, Council Substitute for House Bill 1307 is sound legislation deserving of my signature. For this reason, and the other reasons set forth herein, I hereby sign it. Sincerely, Jeb Bush |
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