Florida Senate - 2021               CS for CS for CS for SB 1146
       
       
        
       By the Committees on Rules; Appropriations; and Community
       Affairs; and Senators Brodeur and Perry
       
       
       
       
       595-04534-21                                          20211146c3
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 163.3202, F.S.; prohibiting certain regulations
    4         relating to building design elements from being
    5         applied to certain dwellings; providing exceptions;
    6         defining terms; providing construction; amending s.
    7         381.0065, F.S.; authorizing fee owners or fee owners’
    8         contractors to select private providers to provide
    9         inspection services for onsite sewage treatment and
   10         disposal systems if certain requirements are met;
   11         providing legislative intent; requiring the Department
   12         of Health to reduce certain permit fees; prohibiting
   13         the department from charging inspection fees if the
   14         fee owner or contractor hires a private provider to
   15         perform an inspection; providing requirements for
   16         private providers or duly authorized representatives
   17         of private providers performing such inspections;
   18         requiring fee owners or contractors to provide
   19         specified notice to the department when using a
   20         private provider for such inspections; providing
   21         requirements for the contents of such notice;
   22         prohibiting the department from charging a fee for
   23         changing the duly authorized representative named in a
   24         permit application; authorizing the department to
   25         audit the performance of private providers; providing
   26         requirements relating to work on a building, a
   27         structure, or an onsite sewage treatment and disposal
   28         system relating to such audits; amending s. 514.0115,
   29         F.S.; prohibiting the Department of Health from
   30         requiring that pools serving assisted living
   31         facilities be compliant with rules relating to
   32         swimming pool lifeguards; amending s. 553.73, F.S.;
   33         authorizing a substantially affected person to file a
   34         petition with the Florida Building Commission to
   35         review certain local government regulations, laws,
   36         ordinances, policies, amendments, or land use or
   37         zoning provisions; defining the term “local
   38         government”; providing requirements for the petition
   39         and commission; requiring the commission to issue a
   40         nonbinding advisory opinion within a specified
   41         timeframe; prohibiting a municipality, county, or
   42         special district from using preliminary maps issued by
   43         the Federal Emergency Management Agency for certain
   44         purposes relating to land use changes; authorizing the
   45         commission to issue errata to the code; defining the
   46         term “errata to the code”; making technical changes;
   47         amending s. 553.77, F.S.; conforming a cross
   48         reference; amending s. 553.79, F.S.; prohibiting a
   49         local government from requiring certain contracts for
   50         the application for or issuance of a building permit;
   51         prohibiting local governments from taking certain
   52         actions relating to building permits to demolish and
   53         replace single-family residential dwellings located in
   54         certain flood zones; providing requirements for such
   55         permits; amending s. 553.791, F.S.; revising and
   56         defining terms; providing requirements for qualified
   57         private providers; requiring local jurisdictions to
   58         reduce permit fees under certain circumstances;
   59         deleting legislative intent; specifying that
   60         contractors using private providers to provide
   61         building code inspections services must notify local
   62         building officials in writing; revising notice
   63         requirements; deleting a provision requiring fee
   64         owners or fee owners’ contractors to post certain
   65         information at a project site before commencing
   66         construction; authorizing certain affidavits to be
   67         signed with electronic signatures and be submitted to
   68         local building officials electronically; authorizing
   69         certain inspections to be performed in-person or
   70         virtually; authorizing certain reports to be signed
   71         with electronic signatures; authorizing certain
   72         notices to be electronically posted; authorizing
   73         private providers to perform certain replacements and
   74         repairs without first notifying local building
   75         officials under certain circumstances; authorizing
   76         certain forms to be signed with electronic signatures;
   77         authorizing certain inspection records to be
   78         electronically posted and electronically submitted to
   79         local building officials; authorizing certificates of
   80         compliance to be electronically transmitted to local
   81         building officials; specifying that a certain registry
   82         must be distinct from the registry of qualified
   83         private providers; conforming provisions to changes
   84         made by the act; authorizing a county, a municipality,
   85         a school district, or an independent special district
   86         to use a private provider to provide building code
   87         inspection services for certain purposes; amending s.
   88         553.842, F.S.; requiring evaluation entities that meet
   89         certain criteria to comply with certain standards;
   90         revising rulemaking requirements relating to
   91         suspensions and revocations by the commission;
   92         specifying that suspensions are governed by specified
   93         provisions; amending s. 553.80, F.S.; revising
   94         requirements for the expenditure of certain unexpended
   95         revenue relating to enforcing the Florida Building
   96         Code; amending ss. 125.01 and 125.56, F.S.; conforming
   97         cross-references; making technical changes; providing
   98         an effective date.
   99          
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Present subsection (5) of section 163.3202,
  103  Florida Statutes, is redesignated as subsection (6), and a new
  104  subsection (5) is added to that section, to read:
  105         163.3202 Land development regulations.—
  106         (5)(a)Land development regulations relating to building
  107  design elements may not be applied to a single-family or two
  108  family dwelling unless:
  109         1.The dwelling is listed in the National Register of
  110  Historic Places, as defined in s. 267.021(5); is located in a
  111  National Register Historic District; or is designated as a
  112  historic property or located in a historic district, under the
  113  terms of a local preservation ordinance;
  114         2.The regulations are adopted in order to implement the
  115  National Flood Insurance Program;
  116         3.The regulations are adopted pursuant to and in
  117  compliance with chapter 553;
  118         4.The dwelling is located in a community redevelopment
  119  area, as defined in s. 163.340(10);
  120         5.The regulations are required to ensure protection of
  121  coastal wildlife in compliance with s. 161.052, s. 161.053, s.
  122  161.0531, s. 161.085, s. 161.163, or chapter 373;
  123         6.The dwelling is located in a planned unit development or
  124  master planned community created pursuant to a local ordinance;
  125  or
  126         7.The dwelling is located within the jurisdiction of a
  127  local government that has a design review board or architectural
  128  review board.
  129         (b)For purposes of this subsection, the term:
  130         1.“Building design elements” means the external building
  131  color; the type or style of exterior cladding material; the
  132  style or material of roof structures or porches; the exterior
  133  nonstructural architectural ornamentation; the location or
  134  architectural styling of windows or doors; the location or
  135  orientation of the garage; the number and type of rooms; and the
  136  interior layout of rooms. The term does not include the height,
  137  bulk, orientation, or location of a dwelling on a zoning lot; or
  138  the use of buffering or screening to minimize potential adverse
  139  physical or visual impacts or to protect the privacy of
  140  neighbors.
  141         2.“Planned unit development” or “master planned community”
  142  means an area of land that is planned and developed as a single
  143  entity or in approved stages with uses and structures
  144  substantially related to the character of the entire
  145  development, or a self-contained development in which the
  146  subdivision and zoning controls are applied to the project as a
  147  whole rather than to individual lots.
  148         (c)This subsection does not affect the validity or
  149  enforceability of private covenants or other contractual
  150  agreements relating to building design elements.
  151         Section 2. Subsection (8) is added to section 381.0065,
  152  Florida Statutes, to read:
  153         381.0065 Onsite sewage treatment and disposal systems;
  154  regulation.—
  155         (8) PRIVATE PROVIDER INSPECTION SERVICES.—
  156         (a)Notwithstanding any other law, ordinance, or policy,
  157  the fee owner of an onsite sewage treatment and disposal system,
  158  or the fee owner’s contractor upon written authorization from
  159  the fee owner, may select a private provider to provide
  160  inspection services for onsite sewage treatment and disposal
  161  systems and may pay the private provider directly for such
  162  services if such services are the subject of a written contract
  163  between the private provider, or the private provider’s firm,
  164  and the fee owner or the fee owner’s contractor, upon written
  165  authorization of the fee owner.
  166         (b)It is the intent of the Legislature that owners and
  167  contractors pay reduced fees related to onsite sewage treatment
  168  disposal system inspections when selecting a private provider to
  169  provide such inspections. The department must calculate the cost
  170  savings to the department based on a fee owner or contractor
  171  hiring a private provider to perform inspections in lieu of the
  172  department and reduce permit fees accordingly. The department
  173  may not charge fees for an inspection if the fee owner or
  174  contractor hires a private provider to perform the inspection.
  175         (c)Onsite sewage treatment and disposal system inspection
  176  services may be performed only by a private provider or a duly
  177  authorized representative of a private provider within the
  178  disciplines covered under such person’s licensure or if the
  179  person is certified under s. 381.0101, is a master septic
  180  contractor licensed pursuant to chapter 489, is a professional
  181  engineer who has passed all three parts of the OSTDS Accelerated
  182  Certification Training, or is a person working as staff under
  183  the supervision of a licensed professional engineer and has
  184  passed all three parts of the OSTDS Accelerated Certification
  185  Training.
  186         (d)1.A fee owner or the fee owner’s contractor using a
  187  private provider for onsite sewage treatment and disposal system
  188  inspection services must provide notice to the department at the
  189  time of permit application, or by 2 p.m. local time, 2 business
  190  days before the first scheduled inspection by the department.
  191  The notice must include the following information:
  192         a.The name, firm, address, telephone number, and e-mail
  193  address of each private provider who is performing or will
  194  perform such services, the private provider’s professional
  195  license or certification number, and qualification statements or
  196  resumes for each private provider; and
  197         b.An acknowledgment from the fee owner in substantially
  198  the following form:
  199  
  200         I have elected to use one or more private providers to
  201         provide onsite sewage treatment and disposal system
  202         inspection services that are the subject of the
  203         enclosed permit application. I understand that the
  204         department may not perform the required onsite sewage
  205         treatment and disposal system inspections to determine
  206         compliance with the applicable codes, except to the
  207         extent authorized by law. Instead, inspections will be
  208         performed by the licensed or certified personnel
  209         identified in the application. By executing this form,
  210         I acknowledge that I have made inquiry regarding the
  211         competence of the licensed or certified personnel and
  212         am satisfied that my interests are adequately
  213         protected. I agree to indemnify, defend, and hold
  214         harmless the department from any and all claims
  215         arising from my use of these licensed or certified
  216         personnel to perform onsite sewage treatment and
  217         disposable system inspections with respect to the
  218         onsite sewage treatment and disposable system that are
  219         the subject of the enclosed permit application.
  220  
  221         2.If the fee owner or the fee owner’s contractor makes any
  222  changes to the listed private providers or the services to be
  223  provided by the private providers, the fee owner or the fee
  224  owner’s contractor must update the notice to reflect the change
  225  within 1 business day after the change. A change of a duly
  226  authorized representative named in the permit application does
  227  not require a revision of the permit and the department may not
  228  charge a fee for making such change.
  229         (e)The department may audit the performance of onsite
  230  sewage treatment and disposal system inspection services by
  231  private providers. However, the same private provider may not be
  232  audited more than four times in a month unless the department
  233  determines that an onsite sewage treatment and disposal system
  234  inspected by the private provider should not have passed
  235  inspection. Work on a building, a structure, or an onsite sewage
  236  treatment and disposal system may proceed after inspection and
  237  approval by a private provider if the fee owner or fee owner’s
  238  contractor has given notice of the inspection pursuant to
  239  subsection (4) and, subsequent to such inspection and approval,
  240  may not be delayed for completion of an inspection audit by the
  241  department.
  242         Section 3. Present subsections (3) through (8) of section
  243  514.0115, Florida Statutes, are redesignated as subsections (4)
  244  through (9), respectively, and a new subsection (3) is added to
  245  that section, to read:
  246         514.0115 Exemptions from supervision or regulation;
  247  variances.—
  248         (3)The department may not require compliance with rules
  249  relating to swimming pool lifeguard standards for pools serving
  250  assisted living facilities.
  251         Section 4. Subsections (4), (5), and (8) of section 553.73,
  252  Florida Statutes, are amended to read:
  253         553.73 Florida Building Code.—
  254         (4)(a) All entities authorized to enforce the Florida
  255  Building Code under pursuant to s. 553.80 shall comply with
  256  applicable standards for issuance of mandatory certificates of
  257  occupancy, minimum types of inspections, and procedures for
  258  plans review and inspections as established by the commission by
  259  rule. Local governments may adopt amendments to the
  260  administrative provisions of the Florida Building Code, subject
  261  to the limitations in of this subsection paragraph. Local
  262  amendments must shall be more stringent than the minimum
  263  standards described in this section herein and must shall be
  264  transmitted to the commission within 30 days after enactment.
  265  The local government shall make such amendments available to the
  266  general public in a usable format. The State Fire Marshal is
  267  responsible for establishing the standards and procedures
  268  required in this subsection paragraph for governmental entities
  269  with respect to applying the Florida Fire Prevention Code and
  270  the Life Safety Code.
  271         (b) Local governments may, subject to the limitations in of
  272  this section and not more than once every 6 months, adopt
  273  amendments to the technical provisions of the Florida Building
  274  Code that which apply solely within the jurisdiction of such
  275  government and that which provide for more stringent
  276  requirements than those specified in the Florida Building Code,
  277  not more than once every 6 months. A local government may adopt
  278  technical amendments that address local needs if:
  279         1. The local governing body determines, following a public
  280  hearing which has been advertised in a newspaper of general
  281  circulation at least 10 days before the hearing, that there is a
  282  need to strengthen the requirements of the Florida Building
  283  Code. The determination must be based upon a review of local
  284  conditions by the local governing body, which review
  285  demonstrates by evidence or data that the geographical
  286  jurisdiction governed by the local governing body exhibits a
  287  local need to strengthen the Florida Building Code beyond the
  288  needs or regional variation addressed by the Florida Building
  289  Code, that the local need is addressed by the proposed local
  290  amendment, and that the amendment is no more stringent than
  291  necessary to address the local need.
  292         2. Such additional requirements are not discriminatory
  293  against materials, products, or construction techniques of
  294  demonstrated capabilities.
  295         3. Such additional requirements may not introduce a new
  296  subject not addressed in the Florida Building Code.
  297         (c)4. The enforcing agency shall make readily available, in
  298  a usable format, all amendments adopted under pursuant to this
  299  section.
  300         (d)5. Any amendment to the Florida Building Code shall be
  301  transmitted within 30 days after adoption by the adopting local
  302  government to the commission. The commission shall maintain
  303  copies of all such amendments in a format that is usable and
  304  obtainable by the public. Local technical amendments are shall
  305  not become effective until 30 days after the amendment has been
  306  received and published by the commission.
  307         (e)6.An Any amendment to the Florida Building Code adopted
  308  by a local government under pursuant to this subsection is
  309  paragraph shall be effective only until the adoption by the
  310  commission of the new edition of the Florida Building Code by
  311  the commission every third year. At such time, the commission
  312  shall review such amendment for consistency with the criteria in
  313  paragraph (9)(a) and adopt such amendment as part of the Florida
  314  Building Code or rescind the amendment. The commission shall
  315  immediately notify the respective local government of the
  316  rescission of any amendment. After receiving such notice, the
  317  respective local government may readopt the rescinded amendment
  318  under pursuant to the provisions of this subsection paragraph.
  319         (f)7. Each county and municipality desiring to make local
  320  technical amendments to the Florida Building Code shall by
  321  interlocal agreement establish by interlocal agreement a
  322  countywide compliance review board to review any amendment to
  323  the Florida Building Code that is, adopted by a local government
  324  within the county under pursuant to this subsection and
  325  paragraph, that is challenged by a any substantially affected
  326  party for purposes of determining the amendment’s compliance
  327  with this subsection paragraph. If challenged, the local
  328  technical amendments are shall not become effective until the
  329  time for filing an appeal under paragraph (g) pursuant to
  330  subparagraph 8. has expired or, if there is an appeal, until the
  331  commission issues its final order determining if the adopted
  332  amendment is in compliance with this subsection.
  333         (g)8. If the compliance review board determines such
  334  amendment is not in compliance with this subsection paragraph,
  335  the compliance review board shall notify such local government
  336  of the noncompliance and that the amendment is invalid and
  337  unenforceable until the local government corrects the amendment
  338  to bring it into compliance. The local government may appeal the
  339  decision of the compliance review board to the commission. If
  340  the compliance review board determines that such amendment is to
  341  be in compliance with this subsection paragraph, any
  342  substantially affected party may appeal such determination to
  343  the commission. Any such appeal must shall be filed with the
  344  commission within 14 days after of the board’s written
  345  determination. The commission shall promptly refer the appeal to
  346  the Division of Administrative Hearings by electronic means
  347  through the division’s website for the assignment of an
  348  administrative law judge. The administrative law judge shall
  349  conduct the required hearing within 30 days after being assigned
  350  to the appeal, and shall enter a recommended order within 30
  351  days after of the conclusion of such hearing. The commission
  352  shall enter a final order within 30 days after an order is
  353  rendered thereafter. The provisions of Chapter 120 and the
  354  uniform rules of procedure shall apply to such proceedings. The
  355  local government adopting the amendment that is subject to
  356  challenge has the burden of proving that the amendment complies
  357  with this subsection paragraph in proceedings before the
  358  compliance review board and the commission, as applicable.
  359  Actions of the commission are subject to judicial review under
  360  pursuant to s. 120.68. The compliance review board shall
  361  determine whether its decisions apply to a respective local
  362  jurisdiction or apply countywide.
  363         (h)9. An amendment adopted under this subsection paragraph
  364  must shall include a fiscal impact statement that which
  365  documents the costs and benefits of the proposed amendment.
  366  Criteria for the fiscal impact statement shall include the
  367  impact to local government relative to enforcement and, the
  368  impact to property and building owners and, as well as to
  369  industry, relative to the cost of compliance. The fiscal impact
  370  statement may not be used as a basis for challenging the
  371  amendment for compliance.
  372         (i)10. In addition to paragraphs (f) and (g) subparagraphs
  373  7. and 9., the commission may review any amendments adopted
  374  under pursuant to this subsection and make nonbinding
  375  recommendations related to compliance of such amendments with
  376  this subsection.
  377         (j)(c) Any amendment adopted by a local enforcing agency
  378  under pursuant to this subsection may shall not apply to state
  379  or school district owned buildings, manufactured buildings or
  380  factory-built school buildings approved by the commission, or
  381  prototype buildings approved under pursuant to s. 553.77(3). The
  382  respective responsible entities shall consider the physical
  383  performance parameters substantiating such amendments when
  384  designing, specifying, and constructing such exempt buildings.
  385         (k)(d) A technical amendment to the Florida Building Code
  386  related to water conservation practices or design criteria
  387  adopted by a local government under pursuant to this subsection
  388  is not rendered void when the code is updated if the technical
  389  amendment is necessary to protect or provide for more efficient
  390  use of water resources as provided in s. 373.621. However, any
  391  such technical amendment carried forward into the next edition
  392  of the code under pursuant to this paragraph is subject to
  393  review or modification as provided in this part.
  394         (l)If a local government adopts a regulation, law,
  395  ordinance, policy, amendment, or land use or zoning provision
  396  without using the process established in this subsection, and a
  397  substantially affected person considers such regulation, law,
  398  ordinance, policy, amendment, or land use or zoning provision to
  399  be a technical amendment to the Florida Building Code, then the
  400  substantially affected person may submit a petition to the
  401  commission for a nonbinding advisory opinion. If a substantially
  402  affected person submits a request in accordance with this
  403  paragraph, the commission shall issue a nonbinding advisory
  404  opinion stating whether or not the commission interprets the
  405  regulation, law, ordinance, policy, amendment, or land use or
  406  zoning provision as a technical amendment to the Florida
  407  Building Code. As used in this paragraph, the term “local
  408  government” means a county, municipality, special district, or
  409  political subdivision of the state.
  410         1.Requests to review a local government regulation, law,
  411  ordinance, policy, amendment, or land use or zoning provision
  412  may be initiated by any substantially affected person. A
  413  substantially affected person includes an owner or builder
  414  subject to the regulation, law, ordinance, policy, amendment, or
  415  land use or zoning provision, or an association of owners or
  416  builders having members who are subject to the regulation, law,
  417  ordinance, policy, amendment, or land use or zoning provision.
  418         2.In order to initiate a review, a substantially affected
  419  person must file a petition with the commission. The commission
  420  shall adopt a form for the petition and directions for filing,
  421  which shall be published on the Building Code Information
  422  System. The form shall, at a minimum, require the following:
  423         a.The name of the local government that enacted the
  424  regulation, law, ordinance, policy, amendment, or land use or
  425  zoning provision.
  426         b.The name and address of the local government’s general
  427  counsel or administrator.
  428         c.The name, address, and telephone number of the
  429  petitioner; the name, address, and telephone number of the
  430  petitioner’s representative, if any; and an explanation of how
  431  the petitioner’s substantial interests are being affected by the
  432  regulation, law, ordinance, policy, amendment, or land use or
  433  zoning provision.
  434         d.A statement explaining why the regulation, law,
  435  ordinance, policy, amendment, or land use or zoning provision is
  436  a technical amendment to the Florida Building Code, and which
  437  provisions of the Florida Building Code, if any, are being
  438  amended by the regulation, law, ordinance, policy, amendment, or
  439  land use or zoning provision.
  440         3.The petitioner shall serve the petition on the local
  441  government’s general counsel or administrator by certified mail,
  442  return receipt requested, and send a copy of the petition to the
  443  commission, in accordance with the commission’s published
  444  directions. The local government shall respond to the petition
  445  in accordance with the form by certified mail, return receipt
  446  requested, and send a copy of its response to the commission,
  447  within 14 days after receipt of the petition, including
  448  Saturdays, Sundays, and legal holidays.
  449         4.Upon receipt of a petition that meets the requirements
  450  of this paragraph, the commission shall publish the petition,
  451  including any response submitted by the local government, on the
  452  Building Code Information System in a manner that allows
  453  interested persons to address the issues by posting comments.
  454         5.Before issuing an advisory opinion, the commission shall
  455  consider the petition, the response, and any comments posted on
  456  the Building Code Information System. The commission may also
  457  provide the petition, the response, and any comments posted on
  458  the Building Code Information System to a technical advisory
  459  committee, and may consider any recommendation provided by the
  460  technical advisory committee. The commission shall issue an
  461  advisory opinion stating whether the regulation, law, ordinance,
  462  policy, amendment, or land use or zoning provision is a
  463  technical amendment to the Florida Building Code within 60 days
  464  after the filing of the petition, including Saturdays, Sundays,
  465  and legal holidays. The commission shall publish its advisory
  466  opinion on the Building Code Information System and in the
  467  Florida Administrative Register. The commission’s advisory
  468  opinion is nonbinding and is not a declaratory statement under
  469  s. 120.565.
  470         (5) Notwithstanding subsection (4), counties and
  471  municipalities may adopt by ordinance an administrative or
  472  technical amendment to the Florida Building Code relating to
  473  flood resistance in order to implement the National Flood
  474  Insurance Program or incentives. Specifically, an administrative
  475  amendment may assign the duty to enforce all or portions of
  476  flood-related code provisions to the appropriate agencies of the
  477  local government and adopt procedures for variances and
  478  exceptions from flood-related code provisions other than
  479  provisions for structures seaward of the coastal construction
  480  control line consistent with the requirements in 44 C.F.R. s.
  481  60.6. A technical amendment is authorized to the extent it is
  482  more stringent than the code. A technical amendment is not
  483  subject to the requirements of subsection (4) and may not be
  484  rendered void when the code is updated if the amendment is
  485  adopted for the purpose of participating in the Community Rating
  486  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
  487  had already been adopted by local ordinance prior to July 1,
  488  2010, or the amendment requires a design flood elevation above
  489  the base flood elevation. Any amendment adopted pursuant to this
  490  subsection shall be transmitted to the commission within 30 days
  491  after being adopted. A municipality, county, or special district
  492  may not use preliminary maps issued by the Federal Emergency
  493  Management Agency for any law, ordinance, rule, or other measure
  494  that has the effect of imposing land use changes.
  495         (8) Notwithstanding subsection (3) or subsection (7), the
  496  commission may address issues identified in this subsection by
  497  amending the code under pursuant to the rule adoption procedures
  498  in chapter 120. Updates to the Florida Building Code, including
  499  provisions contained in referenced standards and criteria which
  500  relate to wind resistance or the prevention of water intrusion,
  501  may not be amended under pursuant to this subsection to diminish
  502  those standards; however, the commission may amend the Florida
  503  Building Code to enhance such standards. Following the approval
  504  of any amendments to the Florida Building Code by the commission
  505  and publication of the amendments on the commission’s website,
  506  authorities having jurisdiction to enforce the Florida Building
  507  Code may enforce the amendments.
  508         (a) The commission may approve amendments that are needed
  509  to address:
  510         1.(a) Conflicts within the updated code;
  511         2.(b) Conflicts between the updated code and the Florida
  512  Fire Prevention Code adopted under pursuant to chapter 633;
  513         3.(c) Unintended results from the integration of previously
  514  adopted amendments with the model code;
  515         4.(d) Equivalency of standards;
  516         5.(e) Changes to or inconsistencies with federal or state
  517  law; or
  518         6.(f) Adoption of an updated edition of the National
  519  Electrical Code if the commission finds that delay of
  520  implementing the updated edition causes undue hardship to
  521  stakeholders or otherwise threatens the public health, safety,
  522  and welfare.
  523         (b)The commission may issue errata to the code pursuant to
  524  the rule adoption procedures in chapter 120 to list demonstrated
  525  errors in provisions contained within the Florida Building Code.
  526  The determination of such errors and the issuance of errata to
  527  the code must be approved by a 75 percent supermajority vote of
  528  the commission. For purposes of this paragraph, “errata to the
  529  code” means a list of errors in current and previous editions of
  530  the Florida Building Code.
  531         Section 5. Subsection (7) of section 553.77, Florida
  532  Statutes, is amended to read:
  533         553.77 Specific powers of the commission.—
  534         (7) Building officials shall recognize and enforce variance
  535  orders issued by the Department of Health under s. 514.0115(9)
  536  pursuant to s. 514.0115(8), including any conditions attached to
  537  the granting of the variance.
  538         Section 6. Paragraph (d) is added to subsection (1) of
  539  section 553.79, Florida Statutes, and subsection (23) is added
  540  to that section, to read:
  541         553.79 Permits; applications; issuance; inspections.—
  542         (1)
  543         (d)A local government may not require a contract between a
  544  builder and an owner for the issuance of a building permit or as
  545  a requirement for the submission of a building permit
  546  application.
  547         (23)Notwithstanding any law, regulation, or ordinance, a
  548  local government may not prohibit or otherwise restrict the
  549  ability of a property owner to obtain a building permit to
  550  demolish and replace any single-family residential dwelling
  551  located in a coastal high hazard area, moderate flood zone, or
  552  special flood hazard area according to the Federal Emergency
  553  Management Agency’s Flood Insurance Rate Map if the lowest floor
  554  elevation of the dwelling is at or below the property’s base
  555  flood elevation plus one foot pursuant to Florida Building Code
  556  or pursuant to local ordinance, whichever is higher, and all
  557  other Florida Building Code requirements are met. Demolition
  558  permits issued under this section may only be reviewed
  559  administratively for compliance with the Florida Building Code
  560  and other applicable construction regulations, and are not
  561  subject to any additional land development regulation or zoning
  562  approval that requires a public hearing before the issuance of
  563  the permit. Local governments may not impose additional
  564  regulatory requirements on the replacement single-family
  565  residential dwelling which would not otherwise be applicable to
  566  a similarly situated vacant parcel and may not penalize the
  567  owner for such demolition.
  568         Section 7. Present subsections (10) through (19) of section
  569  553.791, Florida Statutes, are redesignated as subsections (11)
  570  through (20), respectively, a new subsection (10) and subsection
  571  (21) are added to that section, and subsection (1), paragraph
  572  (b) of subsection (2), subsections (3), (4), and (6), paragraphs
  573  (b) and (d) of subsection (7), subsections (8) and (9), and
  574  present subsections (10), (11), (12), (14), and (15) are
  575  amended, to read:
  576         553.791 Alternative plans review and inspection.—
  577         (1) As used in this section, the term:
  578         (a) “Applicable codes” means the Florida Building Code and
  579  any local technical amendments to the Florida Building Code but
  580  does not include the applicable minimum fire prevention and
  581  firesafety codes adopted pursuant to chapter 633.
  582         (b) “Audit” means the process to confirm that the building
  583  code inspection services have been performed by the private
  584  provider, including ensuring that the required affidavit for the
  585  plan review has been properly completed and submitted with
  586  affixed to the permit documents and that the minimum mandatory
  587  inspections required under the building code have been performed
  588  and properly recorded. The local building official may not
  589  replicate the plan review or inspection being performed by the
  590  private provider, unless expressly authorized by this section.
  591         (c) “Building” means any construction, erection,
  592  alteration, demolition, or improvement of, or addition to, any
  593  structure or site work for which permitting by a local
  594  enforcement agency is required.
  595         (d) “Building code inspection services” means those
  596  services described in s. 468.603(5) and (8) involving the review
  597  of building plans as well as those services involving the review
  598  of site plans and site work engineering plans or their
  599  functional equivalent, to determine compliance with applicable
  600  codes and those inspections required by law, conducted either in
  601  person or virtually, of each phase of construction for which
  602  permitting by a local enforcement agency is required to
  603  determine compliance with applicable codes.
  604         (e) “Deliver” or “delivery” means any method of delivery
  605  used in conventional business or commercial practice, including
  606  delivery by electronic transmissions.
  607         (f) “Duly authorized representative” means an agent of the
  608  private provider identified in the permit application who
  609  reviews plans or performs inspections as provided by this
  610  section and who is licensed as an engineer under chapter 471 or
  611  as an architect under chapter 481 or who holds a standard
  612  certificate under part XII of chapter 468.
  613         (g)Electronically posted” means providing notices of
  614  decisions, results, or records, including inspection records,
  615  through the use of a website or other form of electronic
  616  communication used to transmit or display information.
  617         (h)“Electronic signature” means any letters, characters,
  618  or symbols manifested by electronic or similar means which are
  619  executed or adopted by a party with an intent to authenticate a
  620  writing or record.
  621         (i)“Electronic transmission” or “submitted electronically
  622  means any form or process of communication not directly
  623  involving the physical transfer of paper or another tangible
  624  medium which is suitable for the retention, retrieval, and
  625  reproduction of information by the recipient and is retrievable
  626  in paper form by the receipt through an automated process. All
  627  notices provided for in this section may be transmitted
  628  electronically and shall have the same legal effect as if
  629  physically posted or mailed.
  630         (j)(f) “Immediate threat to public safety and welfare”
  631  means a building code violation that, if allowed to persist,
  632  constitutes an immediate hazard that could result in death,
  633  serious bodily injury, or significant property damage. This
  634  paragraph does not limit the authority of the local building
  635  official to issue a Notice of Corrective Action at any time
  636  during the construction of a building project or any portion of
  637  such project if the official determines that a condition of the
  638  building or portion thereof may constitute a hazard when the
  639  building is put into use following completion as long as the
  640  condition cited is shown to be in violation of the building code
  641  or approved plans.
  642         (k)(g) “Local building official” means the individual
  643  within the governing jurisdiction responsible for direct
  644  regulatory administration or supervision of plans review,
  645  enforcement, and inspection of any construction, erection,
  646  alteration, demolition, or substantial improvement of, or
  647  addition to, any structure for which permitting is required to
  648  indicate compliance with applicable codes and includes any duly
  649  authorized designee of such person.
  650         (l)(h) “Permit application” means a properly completed and
  651  submitted application for the requested building or construction
  652  permit, including:
  653         1. The plans reviewed by the private provider.
  654         2. The affidavit from the private provider required under
  655  subsection (6).
  656         3. Any applicable fees.
  657         4. Any documents required by the local building official to
  658  determine that the fee owner has secured all other government
  659  approvals required by law.
  660         (m)(i) “Plans” means building plans, site engineering
  661  plans, or site plans, or their functional equivalent, submitted
  662  by a fee owner or fee owner’s contractor to a private provider
  663  or duly authorized representative for review.
  664         (n)(j) “Private provider” means a person licensed as a
  665  building code administrator under part XII of chapter 468, as an
  666  engineer under chapter 471, or as an architect under chapter
  667  481. For purposes of performing inspections under this section
  668  for additions and alterations that are limited to 1,000 square
  669  feet or less to residential buildings, the term “private
  670  provider” also includes a person who holds a standard
  671  certificate under part XII of chapter 468.
  672         (o)“Qualified private provider” means a private provider
  673  who has previously performed plans review and inspection
  674  services in the local jurisdiction and has registered with the
  675  local enforcing agency by providing the local building official
  676  with the private provider’s name, firm, address, telephone
  677  number, and e-mail address; his or her professional license or
  678  certification number, qualification statements, or resumes; and,
  679  if required by the local building official, a certificate of
  680  insurance demonstrating that professional liability insurance
  681  coverage is in place for the private provider’s firm, the
  682  private provider, and any duly authorized representative in the
  683  amounts required by this section. This information must be
  684  submitted on an annual basis to the local jurisdiction in order
  685  to maintain qualifying status. If at any time any of the
  686  information submitted to the local jurisdiction changes, the
  687  private provider must contact the local jurisdiction and update
  688  the information within 10 business days after the change. The
  689  local jurisdiction is required to keep a registry of active
  690  qualified private providers.
  691         (p)(k) “Request for certificate of occupancy or certificate
  692  of completion” means a properly completed and executed
  693  application for:
  694         1. A certificate of occupancy or certificate of completion.
  695         2. A certificate of compliance from the private provider
  696  required under subsection (12) (11).
  697         3. Any applicable fees.
  698         4. Any documents required by the local building official to
  699  determine that the fee owner has secured all other government
  700  approvals required by law.
  701         (q)“Single-trade inspection” means any inspection focused
  702  on a single construction trade, such as plumbing, mechanical, or
  703  electrical. The term includes, but is not limited to,
  704  inspections of door or window replacements; fences and block
  705  walls more than 6 feet high from the top of the wall to the
  706  bottom of the footing; stucco or plastering; reroofing with no
  707  structural alteration; HVAC replacements; ductwork or fan
  708  replacements; alteration or installation of wiring, lighting,
  709  and service panels; water heater changeouts; sink replacements;
  710  and repiping.
  711         (r)(l) “Site work” means the portion of a construction
  712  project that is not part of the building structure, including,
  713  but not limited to, grading, excavation, landscape irrigation,
  714  and installation of driveways.
  715         (s)(m) “Stop-work order” means the issuance of any written
  716  statement, written directive, or written order which states the
  717  reason for the order and the conditions under which the cited
  718  work will be permitted to resume.
  719         (2)
  720         (b) If an owner or contractor retains a private provider
  721  for purposes of plans review or building inspection services,
  722  the local jurisdiction must reduce the permit fee by the amount
  723  of cost savings realized by the local enforcement agency for not
  724  having to perform such services. Such reduction may be
  725  calculated on a flat fee or percentage basis, or any other
  726  reasonable means by which a local enforcement agency assesses
  727  the cost for its plans review or inspection services It is the
  728  intent of the Legislature that owners and contractors pay
  729  reduced fees related to building permitting requirements when
  730  hiring a private provider for plans review and building
  731  inspections. A local jurisdiction must calculate the cost
  732  savings to the local enforcement agency, based on a fee owner or
  733  contractor hiring a private provider to perform plans reviews
  734  and building inspections in lieu of the local building official,
  735  and reduce the permit fees accordingly. The local jurisdiction
  736  may not charge fees for building inspections if the fee owner or
  737  contractor hires a private provider to perform such services;
  738  however, the local jurisdiction may charge a reasonable
  739  administrative fee.
  740         (3) A private provider and any duly authorized
  741  representative may only perform building code inspection
  742  services that are within the disciplines covered by that
  743  person’s licensure or certification under chapter 468, chapter
  744  471, or chapter 481, including single-trade inspections. A
  745  private provider may not provide building code inspection
  746  services pursuant to this section upon any building designed or
  747  constructed by the private provider or the private provider’s
  748  firm.
  749         (4) A fee owner or the fee owner’s contractor using a
  750  private provider to provide building code inspection services
  751  shall notify the local building official in writing at the time
  752  of permit application, or by 2 p.m. local time, 2 business days
  753  before the first scheduled inspection by the local building
  754  official or building code enforcement agency that for a private
  755  provider has been contracted to perform the performing required
  756  inspections of construction under this section, including
  757  single-trade inspections, on a form to be adopted by the
  758  commission. This notice shall include the following information:
  759         (a) The services to be performed by the private provider.
  760         (b) The name, firm, address, telephone number, and e-mail
  761  address facsimile number of each private provider who is
  762  performing or will perform such services, his or her
  763  professional license or certification number, qualification
  764  statements or resumes, and, if required by the local building
  765  official, a certificate of insurance demonstrating that
  766  professional liability insurance coverage is in place for the
  767  private provider’s firm, the private provider, and any duly
  768  authorized representative in the amounts required by this
  769  section.
  770  
  771  However, the notice is not required to include such information
  772  for private providers who are qualified private providers within
  773  the local jurisdiction and have renewed such designation
  774  pursuant to this section.
  775         (c) An acknowledgment from the fee owner in substantially
  776  the following form:
  777  
  778         I have elected to use one or more private providers to
  779         provide building code plans review and/or inspection
  780         services on the building or structure that is the
  781         subject of the enclosed permit application, as
  782         authorized by s. 553.791, Florida Statutes. I
  783         understand that the local building official may not
  784         review the plans submitted or perform the required
  785         building inspections to determine compliance with the
  786         applicable codes, except to the extent specified in
  787         said law. Instead, plans review and/or required
  788         building inspections will be performed by licensed or
  789         certified personnel identified in the application. The
  790         law requires minimum insurance requirements for such
  791         personnel, but I understand that I may require more
  792         insurance to protect my interests. By executing this
  793         form, I acknowledge that I have made inquiry regarding
  794         the competence of the licensed or certified personnel
  795         and the level of their insurance and am satisfied that
  796         my interests are adequately protected. I agree to
  797         indemnify, defend, and hold harmless the local
  798         government, the local building official, and their
  799         building code enforcement personnel from any and all
  800         claims arising from my use of these licensed or
  801         certified personnel to perform building code
  802         inspection services with respect to the building or
  803         structure that is the subject of the enclosed permit
  804         application.
  805  
  806  If the fee owner or the fee owner’s contractor makes any changes
  807  to the listed private providers or the services to be provided
  808  by those private providers, the fee owner or the fee owner’s
  809  contractor shall, within 1 business day after any change or
  810  within 2 business days before the next scheduled inspection,
  811  update the notice to reflect such changes. A change of a duly
  812  authorized representative named in the permit application does
  813  not require a revision of the permit, and the building code
  814  enforcement agency shall not charge a fee for making the change.
  815  In addition, the fee owner or the fee owner’s contractor shall
  816  post at the project site, before the commencement of
  817  construction and updated within 1 business day after any change,
  818  on a form to be adopted by the commission, the name, firm,
  819  address, telephone number, and facsimile number of each private
  820  provider who is performing or will perform building code
  821  inspection services, the type of service being performed, and
  822  similar information for the primary contact of the private
  823  provider on the project.
  824         (6) A private provider performing plans review under this
  825  section shall review the plans to determine compliance with the
  826  applicable codes. Upon determining that the plans reviewed
  827  comply with the applicable codes, the private provider shall
  828  prepare an affidavit or affidavits on a form reasonably
  829  acceptable to the commission certifying, under oath, that the
  830  following is true and correct to the best of the private
  831  provider’s knowledge and belief:
  832         (a) The plans were reviewed by the affiant, who is duly
  833  authorized to perform plans review pursuant to this section and
  834  holds the appropriate license or certificate.
  835         (b) The plans comply with the applicable codes.
  836  
  837  Such affidavit may bear a written or electronic signature and
  838  may be submitted electronically to the local building official.
  839         (7)
  840         (b) If the local building official provides a written
  841  notice of plan deficiencies to the permit applicant within the
  842  prescribed 20-day period, the 20-day period shall be tolled
  843  pending resolution of the matter. To resolve the plan
  844  deficiencies, the permit applicant may elect to dispute the
  845  deficiencies pursuant to subsection (14) (13) or to submit
  846  revisions to correct the deficiencies.
  847         (d) If the local building official provides a second
  848  written notice of plan deficiencies to the permit applicant
  849  within the prescribed time period, the permit applicant may
  850  elect to dispute the deficiencies pursuant to subsection (14)
  851  (13) or to submit additional revisions to correct the
  852  deficiencies. For all revisions submitted after the first
  853  revision, the local building official has an additional 5
  854  business days from the date of resubmittal to issue the
  855  requested permit or to provide a written notice to the permit
  856  applicant stating which of the previously identified plan
  857  features remain in noncompliance with the applicable codes, with
  858  specific reference to the relevant code chapters and sections.
  859         (8) A private provider performing required inspections
  860  under this section shall inspect each phase of construction as
  861  required by the applicable codes. Such inspection may be
  862  performed in-person or virtually. The private provider may have
  863  shall be permitted to send a duly authorized representative to
  864  the building site to perform the required inspections, provided
  865  all required reports are prepared by and bear the written or
  866  electronic signature of the private provider or the private
  867  provider’s duly authorized representative. The duly authorized
  868  representative must be an employee of the private provider
  869  entitled to receive reemployment assistance benefits under
  870  chapter 443. The contractor’s contractual or legal obligations
  871  are not relieved by any action of the private provider.
  872         (9) A private provider performing required inspections
  873  under this section shall provide notice to the local building
  874  official of the date and approximate time of any such inspection
  875  no later than the prior business day by 2 p.m. local time or by
  876  any later time permitted by the local building official in that
  877  jurisdiction. The local building official may not prohibit the
  878  private provider from performing any inspection outside the
  879  local building official’s normal operating hours, including
  880  after hours, weekends, or holidays. The local building official
  881  may visit the building site as often as necessary to verify that
  882  the private provider is performing all required inspections. A
  883  deficiency notice must be posted at the job site by the private
  884  provider, the duly authorized representative of the private
  885  provider, or the building department whenever a noncomplying
  886  item related to the building code or the permitted documents is
  887  found. Such notice may be physically posted at the job site or
  888  electronically posted. After corrections are made, the item must
  889  be reinspected by the private provider or representative before
  890  being concealed. Reinspection or reaudit fees shall not be
  891  charged by the local jurisdiction as a result of the local
  892  jurisdiction’s audit inspection occurring before the performance
  893  of the private provider’s inspection or for any other
  894  administrative matter not involving the detection of a violation
  895  of the building code or a permit requirement.
  896         (10) If equipment replacements and repairs must be
  897  performed in an emergency situation, subject to the emergency
  898  permitting provisions of the Florida Building Code, a private
  899  provider may perform emergency inspection services without first
  900  notifying the local building official pursuant to subsection
  901  (9). A private provider must conduct the inspection within 3
  902  business days after being contacted to conduct an emergency
  903  inspection and must submit the inspection report to the local
  904  building official within 1 day after the inspection is
  905  completed.
  906         (11)(10) Upon completing the required inspections at each
  907  applicable phase of construction, the private provider shall
  908  record such inspections on a form acceptable to the local
  909  building official. The form must bear the written or electronic
  910  signature of be signed by the provider or the provider’s duly
  911  authorized representative. These inspection records shall
  912  reflect those inspections required by the applicable codes of
  913  each phase of construction for which permitting by a local
  914  enforcement agency is required. The private provider, upon
  915  completion of the required inspection before leaving the project
  916  site, shall post each completed inspection record, indicating
  917  pass or fail, at the site and provide the record to the local
  918  building official within 2 business days. Such inspection record
  919  may be electronically posted by the private provider or the
  920  private provider may post such inspection record physically at
  921  the project site. The private provider may electronically
  922  transmit the record to the local building official. The local
  923  building official may waive the requirement to provide a record
  924  of each inspection within 2 business days if the record is
  925  electronically posted or posted at the project site and all such
  926  inspection records are submitted with the certificate of
  927  compliance. Unless the records have been electronically posted,
  928  records of all required and completed inspections shall be
  929  maintained at the building site at all times and made available
  930  for review by the local building official. The private provider
  931  shall report to the local enforcement agency any condition that
  932  poses an immediate threat to public safety and welfare.
  933         (12)(11) Upon completion of all required inspections, the
  934  private provider shall prepare a certificate of compliance, on a
  935  form acceptable to the local building official, summarizing the
  936  inspections performed and including a written representation,
  937  under oath, that the stated inspections have been performed and
  938  that, to the best of the private provider’s knowledge and
  939  belief, the building construction inspected complies with the
  940  approved plans and applicable codes. The statement required of
  941  the private provider shall be substantially in the following
  942  form and shall be signed and sealed by a private provider as
  943  established in subsection (1) or may be electronically
  944  transmitted to the local building official:
  945  
  946         To the best of my knowledge and belief, the building
  947         components and site improvements outlined herein and
  948         inspected under my authority have been completed in
  949         conformance with the approved plans and the applicable
  950         codes.
  951  
  952         (13)(12) No more than 2 business days after receipt of a
  953  request for a certificate of occupancy or certificate of
  954  completion and the applicant’s presentation of a certificate of
  955  compliance and approval of all other government approvals
  956  required by law, the local building official shall issue the
  957  certificate of occupancy or certificate of completion or provide
  958  a notice to the applicant identifying the specific deficiencies,
  959  as well as the specific code chapters and sections. If the local
  960  building official does not provide notice of the deficiencies
  961  within the prescribed 2-day period, the request for a
  962  certificate of occupancy or certificate of completion shall be
  963  deemed granted and the certificate of occupancy or certificate
  964  of completion shall be issued by the local building official on
  965  the next business day. To resolve any identified deficiencies,
  966  the applicant may elect to dispute the deficiencies pursuant to
  967  subsection (14) (13) or to submit a corrected request for a
  968  certificate of occupancy or certificate of completion.
  969         (15)(14) For the purposes of this section, any notice to be
  970  provided by the local building official shall be deemed to be
  971  provided to the person or entity when successfully transmitted
  972  to the e-mail address facsimile number listed for that person or
  973  entity in the permit application or revised permit application,
  974  or, if no e-mail address facsimile number is stated, when
  975  actually received by that person or entity.
  976         (16)(a)(15)(a) A local enforcement agency, local building
  977  official, or local government may not adopt or enforce any laws,
  978  rules, procedures, policies, qualifications, or standards more
  979  stringent than those prescribed by this section.
  980         (b) A local enforcement agency, local building official, or
  981  local government may establish, for private providers and duly
  982  authorized representatives working within that jurisdiction, a
  983  system of registration to verify compliance with the licensure
  984  requirements of paragraph (1)(n) (1)(j) and the insurance
  985  requirements of subsection (17). Such registration must be
  986  distinct from the registry of qualified private providers (16).
  987         (c) This section does not limit the authority of the local
  988  building official to issue a stop-work order for a building
  989  project or any portion of the project, as provided by law, if
  990  the official determines that a condition on the building site
  991  constitutes an immediate threat to public safety and welfare.
  992         (21)Notwithstanding any other law, a county, a
  993  municipality, a school district, or an independent special
  994  district may elect to use a private provider to provide building
  995  code inspection services for a public works project, an
  996  improvement, a building, or any other structure that is owned by
  997  the county, municipality, school district, or independent
  998  special district.
  999         Section 8. Paragraph (a) of subsection (8) and subsection
 1000  (14) of section 553.842, Florida Statutes, are amended to read:
 1001         553.842 Product evaluation and approval.—
 1002         (8) The commission may adopt rules to approve the following
 1003  types of entities that produce information on which product
 1004  approvals are based. All of the following entities, including
 1005  engineers and architects, must comply with a nationally
 1006  recognized standard demonstrating independence or no conflict of
 1007  interest:
 1008         (a) Evaluation entities approved under pursuant to this
 1009  paragraph or that meet the criteria for approval adopted by the
 1010  commission by rule. The commission shall specifically approve
 1011  the National Evaluation Service, the International Association
 1012  of Plumbing and Mechanical Officials Evaluation Service, the
 1013  International Code Council Evaluation Services, Underwriters
 1014  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
 1015  Miami-Dade County Building Code Compliance Office Product
 1016  Control Division. Architects and engineers licensed in this
 1017  state are also approved to conduct product evaluations as
 1018  provided in subsection (5).
 1019         (14) The commission shall by rule establish criteria for
 1020  revocation of product approvals as well as suspension revocation
 1021  of approvals of product evaluation entities, including those
 1022  approved pursuant to paragraph (8)(a), and suspension or
 1023  revocation of approvals of testing laboratories, quality
 1024  assurance entities, certification agencies, and validation
 1025  entities. Suspension and revocation is governed by s. 120.60 and
 1026  the uniform rules of procedure.
 1027         Section 9. Paragraph (a) of subsection (7) of section
 1028  553.80, Florida Statutes, is amended to read:
 1029         553.80 Enforcement.—
 1030         (7)(a) The governing bodies of local governments may
 1031  provide a schedule of reasonable fees, as authorized by s.
 1032  125.56(2) or s. 166.222 and this section, for enforcing this
 1033  part. These fees, and any fines or investment earnings related
 1034  to the fees, shall be used solely for carrying out the local
 1035  government’s responsibilities in enforcing the Florida Building
 1036  Code. When providing a schedule of reasonable fees, the total
 1037  estimated annual revenue derived from fees, and the fines and
 1038  investment earnings related to the fees, may not exceed the
 1039  total estimated annual costs of allowable activities. Any
 1040  unexpended balances shall be carried forward to future years for
 1041  allowable activities or shall be refunded at the discretion of
 1042  the local government. A local government may not carry forward
 1043  an amount exceeding the average of its operating budget for
 1044  enforcing the Florida Building Code for the previous 4 fiscal
 1045  years. For purposes of this subsection, the term “operating
 1046  budget” does not include reserve amounts. Any amount exceeding
 1047  this limit must be used as authorized in subparagraph 2.
 1048  However, a local government which established, as of January 1,
 1049  2019, a Building Inspections Fund Advisory Board consisting of
 1050  five members from the construction stakeholder community and
 1051  carries an unexpended balance in excess of the average of its
 1052  operating budget for the previous 4 fiscal years may continue to
 1053  carry such excess funds forward upon the recommendation of the
 1054  advisory board. The basis for a fee structure for allowable
 1055  activities shall relate to the level of service provided by the
 1056  local government and shall include consideration for refunding
 1057  fees due to reduced services based on services provided as
 1058  prescribed by s. 553.791, but not provided by the local
 1059  government. Fees charged shall be consistently applied.
 1060         1. As used in this subsection, the phrase “enforcing the
 1061  Florida Building Code” includes the direct costs and reasonable
 1062  indirect costs associated with review of building plans,
 1063  building inspections, reinspections, and building permit
 1064  processing; building code enforcement; and fire inspections
 1065  associated with new construction. The phrase may also include
 1066  training costs associated with the enforcement of the Florida
 1067  Building Code and enforcement action pertaining to unlicensed
 1068  contractor activity to the extent not funded by other user fees.
 1069         2. A local government must use any excess funds that it is
 1070  prohibited from carrying forward to rebate and reduce fees, or
 1071  pay for the construction of a building or structure that houses
 1072  a local government’s building code enforcement agency or
 1073  provides training programs for building officials, inspectors,
 1074  or plans examiners associated with the enforcement of the
 1075  Florida Building Code. Excess funds used to construct such a
 1076  building or structure must be designated for such purpose by the
 1077  local government and may not be carried forward for more than 4
 1078  consecutive years.
 1079         3. The following activities may not be funded with fees
 1080  adopted for enforcing the Florida Building Code:
 1081         a. Planning and zoning or other general government
 1082  activities.
 1083         b. Inspections of public buildings for a reduced fee or no
 1084  fee.
 1085         c. Public information requests, community functions,
 1086  boards, and any program not directly related to enforcement of
 1087  the Florida Building Code.
 1088         d. Enforcement and implementation of any other local
 1089  ordinance, excluding validly adopted local amendments to the
 1090  Florida Building Code and excluding any local ordinance directly
 1091  related to enforcing the Florida Building Code as defined in
 1092  subparagraph 1.
 1093         4. A local government shall use recognized management,
 1094  accounting, and oversight practices to ensure that fees, fines,
 1095  and investment earnings generated under this subsection are
 1096  maintained and allocated or used solely for the purposes
 1097  described in subparagraph 1.
 1098         5. The local enforcement agency, independent district, or
 1099  special district may not require at any time, including at the
 1100  time of application for a permit, the payment of any additional
 1101  fees, charges, or expenses associated with:
 1102         a. Providing proof of licensure pursuant to chapter 489;
 1103         b. Recording or filing a license issued pursuant to this
 1104  chapter;
 1105         c. Providing, recording, or filing evidence of workers’
 1106  compensation insurance coverage as required by chapter 440; or
 1107         d. Charging surcharges or other similar fees not directly
 1108  related to enforcing the Florida Building Code.
 1109         Section 10. Paragraph (bb) of subsection (1) of section
 1110  125.01, Florida Statutes, is amended to read:
 1111         125.01 Powers and duties.—
 1112         (1) The legislative and governing body of a county shall
 1113  have the power to carry on county government. To the extent not
 1114  inconsistent with general or special law, this power includes,
 1115  but is not restricted to, the power to:
 1116         (bb) Enforce the Florida Building Code, as provided in s.
 1117  553.80, and adopt and enforce local technical amendments to the
 1118  Florida Building Code as provided in s. 553.73(4), pursuant to
 1119  s. 553.73(4)(b) and (c).
 1120         Section 11. Subsection (1) of section 125.56, Florida
 1121  Statutes, is amended to read:
 1122         125.56 Enforcement and amendment of the Florida Building
 1123  Code and the Florida Fire Prevention Code; inspection fees;
 1124  inspectors; etc.—
 1125         (1) The board of county commissioners of each of the
 1126  several counties of the state may enforce the Florida Building
 1127  Code and the Florida Fire Prevention Code, as provided in ss.
 1128  553.80, 633.206, and 633.208, and, at its discretion, adopt
 1129  local technical amendments to the Florida Building Code as
 1130  provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
 1131  and local technical amendments to the Florida Fire Prevention
 1132  Code as provided in, pursuant to s. 633.202, to provide for the
 1133  safe construction, erection, alteration, repair, securing, and
 1134  demolition of any building within its territory outside the
 1135  corporate limits of any municipality. Upon a determination to
 1136  consider amending the Florida Building Code or the Florida Fire
 1137  Prevention Code by a majority of the members of the board of
 1138  county commissioners of such county, the board shall call a
 1139  public hearing and comply with the public notice requirements of
 1140  s. 125.66(2). The board shall hear all interested parties at the
 1141  public hearing and may then amend the building code or the fire
 1142  code consistent with the terms and purposes of this act. Upon
 1143  adoption, an amendment to the code shall be in full force and
 1144  effect throughout the unincorporated area of such county until
 1145  otherwise notified by the Florida Building Commission under
 1146  pursuant to s. 553.73 or the State Fire Marshal under pursuant
 1147  to s. 633.202. This subsection does not Nothing herein contained
 1148  shall be construed to prevent the board of county commissioners
 1149  from repealing such amendment to the building code or the fire
 1150  code at any regular meeting of such board.
 1151         Section 12. This act shall take effect July 1, 2021.