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.