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The Florida Senate

HB 407 — Residential Building Permits

by Community and Military Affairs Subcommittee; and Rep. Perry and others (CS/SB 580 by Community Affairs Committee and Senator Oelrich)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Community Affairs Committee (CA)

This bill prohibits a local enforcement agency, and any local building code administrator, inspector, or other official or entity from requiring the inspection of any portion of a building, structure, or real property that is not directly related to the activity for which a permit is sought as a condition for issuance of a one- or two-family residential building permit.

The provisions of this bill do not apply to a building permit that is sought for: substantial improvements, a change in occupancy, conversions from residential with nonresidential or mixed use, and historic buildings.

The bill does not prohibit a local enforcement agency, or any local building code administrator, inspector, or other official or entity from:

  • Citing a violation that was inadvertently observed in plain view during the course of an inspection conducted in accordance to this act;
  • Inspecting a physically nonadjacent portion of the building, structure, or real property that is directly impacted by the activity for which the permit is sought;
  • Inspecting any portion of the building, structure, or real property in which the owner or person having control has voluntarily consented to such inspection;
  • Inspecting any portion of the building, structure, or real property pursuant to an inspection warrant issued in accordance to ss. 933.20-933.30, F.S. 

The provisions of this bill shall expire upon being adopted into the Florida Building Code.

If approved by the Governor, these provisions take effect July 1, 2012.
Vote:  Senate 38-0; House 114-2