In the last days of the session an amendment crept into CS/HB 1307, a building code bill:

 553.512 Modifications and waivers; advisory council.-- 

(1) The Florida Building commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not violate federal accessibility laws and regulations and shall be reviewed by the Accessibility Advisory Council.

NEW WORDS: notwithstanding any other provision of this subsection, if an applicant for a waiver demonstrates economic hardship in accordance with 28 C.F.R. 36.403 (f)(1), a waiver shall be granted. The commission may not consider waiving any of the requirements of s. 553.5041 unless the applicant first demonstrates that she or he has applied for and been denied waiver or variance from all local government zoning, subdivision regulations, or other ordinances that prevent compliance therewith. Further, the commission may not waive the requirement of s. 553.5041 (5)(a) and (c)1. governing the minimum width of accessible routes and minimum width of accessible parking spaces. 

This amendment is unnecessary, and opens more holes for big "trucks" to drive through. The amendment was not heard in any committee, and was one of those last minute deals, in the halls of Tallahassee where government workers and lobbyist conspired together. The amendment was offered by Rep. Bensen and accepted by the bill's sponsor who we are told was Rep. Cantens. 

The following is part of the Americans With Disabilities Law:

PART 36 -- NONDISCRIMINATION ON THE BASIS OF DISABILITY BY
PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
Subpart A -- General
SEC. 36.103 Relationship to other laws.
(c) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any Federal law, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.   

The governor's phone number is 850-488-2272 and his fax is 850-487-0801. We recommend faxes and ask for a follow up letter about the status of this bill and how the Governor dealt with this bad amendment. 

Important Click Here For
" A Must Read Letter to Jeb Bush Re: HB 1307 "

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