Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 580
       
       
       
       
       
       
                                Barcode 377922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (17) is added to section 553.79,
    6  Florida Statutes, to read:
    7         553.79 Permits; applications; issuance; inspections.—
    8         (17)(a) A local enforcement agency, and any local building
    9  code administrator, inspector, or other official or entity, may
   10  not require as a condition of issuance of a one- or two-family
   11  residential building permit the inspection of any portion of a
   12  building, structure, or real property that is not directly
   13  impacted by the construction, erection, alteration,
   14  modification, repair, or demolition of the building, structure,
   15  or real property for which the permit is sought.
   16         (b) This subsection does not apply to a building permit
   17  sought for:
   18         1. A substantial improvement as defined in s. 161.54 or as
   19  defined in the Florida Building Code.
   20         2. A change of occupancy as defined in the Florida Building
   21  Code.
   22         3. A conversion from residential to nonresidential or mixed
   23  use pursuant to s. 553.507(2)(a) or as defined in the Florida
   24  Building Code.
   25         4. An historic building as defined in the Florida Building
   26  Code.
   27         (c) This subsection does not prohibit a local enforcement
   28  agency, or any local building code administrator, inspector, or
   29  other official or entity, from:
   30         1. Citing any violation inadvertently observed in plain
   31  view during the ordinary course of an inspection conducted in
   32  accordance with the prohibition in paragraph (a).
   33         2. Inspecting a physically nonadjacent portion of a
   34  building, structure, or real property that is directly impacted
   35  by the construction, erection, alteration, modification, repair,
   36  or demolition of the building, structure, or real property for
   37  which the permit is sought in accordance with the prohibition in
   38  paragraph (a).
   39         3. Inspecting any portion of a building, structure, or real
   40  property for which the owner or other person having control of
   41  the building, structure, or real property has voluntarily
   42  consented to the inspection of that portion of the building,
   43  structure, or real property in accordance with the prohibition
   44  in paragraph (a).
   45         4. Inspecting any portion of a building, structure, or real
   46  property pursuant to an inspection warrant issued in accordance
   47  with ss. 933.20-933.30.
   48         (d) This subsection expires upon receipt by the Secretary
   49  of State of the written certification by the chair of the
   50  Florida Building Commission that the commission has adopted an
   51  amendment to the Florida Building Code which substantially
   52  incorporates this subsection, including the prohibition in
   53  paragraph (a), as part of the code and such amendment has taken
   54  effect.
   55         Section 2. This act shall take effect July 1, 2012.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to residential building permits;
   63         amending s. 553.79, F.S.; prohibiting local
   64         enforcement agencies and building code officials or
   65         entities from requiring certain inspections of
   66         buildings, structures, or real property as a condition
   67         of issuance of certain residential building permits;
   68         providing certain exceptions to the application of the
   69         act; providing for expiration of the act following an
   70         amendment to the Florida Building Code by the Florida
   71         Building Commission which incorporates the provisions
   72         of the act; providing an effective date.