Florida Senate - 2019 SB 902
By Senator Perry
8-00857-19 2019902__
1 A bill to be entitled
2 An act relating to open and expired building permits;
3 creating s. 553.7905, F.S.; specifying conditions
4 under which a building permit is considered an open
5 permit, expired permit, or closed permit; authorizing
6 an open or expired permit to be closed on by or on
7 behalf of the current property owner if certain
8 requirements are met; prohibiting a local enforcement
9 agency from taking certain actions against a
10 subsequent arms-length purchaser of property because a
11 building permit was not properly closed within certain
12 time periods; providing that a local enforcement
13 agency maintains all rights and remedies identified on
14 the permit; providing that certain permits may be
15 closed under certain circumstances; providing
16 exceptions; authorizing the owner of a home for sale
17 to assume the role of an owner-builder in order to
18 resolve an open permit under certain circumstances;
19 providing that such owner is not required to reside in
20 the home for a specified period; authorizing a
21 contractor to hold an unlimited number of permits;
22 providing that certain provisions of the Florida
23 Building Code are not applicable to certain permits;
24 providing an exception; requiring a local enforcement
25 agency to provide written notice to a property owner
26 when issuing a building permit; authorizing a
27 governmental entity to charge a fee for searching for
28 and identifying certain open or unexpired building
29 permits; requiring a local enforcement agency to send
30 a written notice to a property owner within a
31 specified period if a permit has not been properly
32 closed; providing requirements for the notice;
33 providing that failure to receive written notice does
34 not relieve certain persons from taking action to
35 close a permit; providing construction; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 553.7905, Florida Statutes, is created
41 to read:
42 553.7905 Open and expired permits; procedures for closing;
43 notices to owners applying for permits.—
44 (1) A building permit shall be considered an open permit if
45 it is issued for any portion of construction of any commercial,
46 residential, or mixed-use project that has not received final
47 inspection approval within one of the following periods:
48 (a) One year after the expiration of the notice of
49 commencement or the last amendment thereto.
50 (b) In the absence of a notice of commencement:
51 1. One year after the last inspection conducted under the
52 permit; or
53 2. If an inspection has not been performed on the project,
54 2 years after the date of issuance of the permit.
55 (2) If an open permit expires without receiving final
56 inspection approval and without complying with other
57 requirements of the permit at issue, the open permit shall be
58 considered an expired permit as provided in s. 105.4 of the
59 Florida Building Code.
60 (3) A closed permit is a building permit in which any of
61 the following apply:
62 (a) A final inspection approval has been obtained upon
63 satisfaction of permit requirements.
64 (b) No work is started under the original permit within 6
65 months after issuance of the permit.
66 (c) The requirements of subsection (4) are satisfied.
67 (4) An open or expired permit may be closed by or on behalf
68 of the current property owner, regardless of whether the
69 property owner is the same owner who originally applied for the
70 permit or is a subsequent owner, by complying with the
71 requirements for closing permits pursuant to a mutual agreement
72 between the current property owner and the local enforcement
73 agency that issued the permit or, absent such an agreement, by
74 complying with the following requirements:
75 (a) The property owner may retain the original contractor
76 who obtained the permit or may hire a different contractor
77 licensed in this state who possesses any license required for
78 the performance of any work necessary to satisfy the conditions
79 of the permit at issue, in order to close the open or expired
80 permit; reactivate the permit if it is expired; or satisfy any
81 requirement of the permit at issue not yet satisfied, including
82 correcting of any code violation in accordance with the building
83 code that was in effect when the application for the permit was
84 filed, and obtaining any necessary inspection.
85 1. The state license of the contractor who performs these
86 functions must be current and active.
87 2. After providing the local enforcement agency a written
88 notice of change to a new licensed contractor and reactivation
89 of the permit, if applicable, the contractor is not liable for
90 any existing defect or existing work that fails to comply with
91 any applicable code, rule, regulation, ordinance, permit
92 requirement, or law other than the work actually performed by
93 the contractor.
94 3. The property owner and the permitholder under the
95 original open or expired permit remain liable, within the period
96 of any applicable statute of limitations or repose and as
97 provided by applicable law, for any defect in the work or for
98 failure to comply with any applicable code, rule, regulation,
99 ordinance, permit requirement, or law.
100 4. To the extent required by chapter 489, the owner or the
101 contractor may hire licensed subcontractors in the scope of the
102 permitted work who may perform the functions of the contractor
103 as outlined in this subsection to the extent the work is covered
104 by the subcontractor’s license.
105 5. All work required to properly close an open or expired
106 permit under this section must be performed in accordance with
107 the building code in effect on the date the application for the
108 open or expired permit was filed, unless, pursuant to the
109 building code in effect when the work is performed, the
110 contractor has sought and received approval from the local
111 enforcement agency for an alternative material, design, or
112 method of construction.
113 (b)1. As an alternative to the procedures required in
114 paragraph (a), a property owner may hire an engineer or
115 architect who possesses a current and active license in this
116 state; is experienced in designing, supervising, or inspecting
117 work of the nature covered by the open or expired permit at
118 issue; and has at least 3 years of experience in performing
119 field inspections regarding such work to inspect the
120 construction work subject to the open or expired building
121 permit, direct any repair necessary to comply with all the
122 requirements of the permit, and confirm compliance by submitting
123 an affidavit bearing the seal of the engineer or architect to
124 the issuing local enforcement agency. The affidavit must be
125 substantially in the following form:
126
127 I, ...(specify name)..., possess a current and active
128 ...(specify engineering or architectural)... license
129 in the State of Florida. I am experienced in
130 designing, supervising, or inspecting work of the
131 nature covered by the open or expired permit at the
132 real property located at ...(specify address).... I
133 have at least 3 years of experience in performing
134 field inspections as to such work. I have inspected
135 the construction work subject to the open or expired
136 building permit number ...(specify number)..., and I
137 confirm that the construction work complies with all
138 known requirements of the permit at issue.
139
140 Signed:
141
142 ...(affix licensing seal)...
143
144 2. If any of the permitted work includes construction
145 outside the engineer’s or architect’s area of expertise, the
146 property owner, engineer, or architect may hire an engineer or
147 architect licensed in the scope of the permitted work who may
148 direct any necessary repairs to comply with all requirements of
149 the permit at issue. The engineer or architect hired by the
150 property owner, engineer, or architect must confirm compliance
151 by submitting to the local enforcement agency issuing the permit
152 a signed and sealed affidavit attesting to compliance with all
153 requirements of the permit at issue.
154 3. The local enforcement agency issuing the permit shall
155 accept the affidavit or affidavits referenced in this paragraph
156 as satisfaction of all requirements of the permit at issue and
157 shall thereafter close the building permit, unless the agency
158 conducts its own final inspection within 7 business days after
159 receipt of the affidavit or affidavits and discovers code or
160 permit violations within the scope of work covered by the
161 permit. Such violations must be corrected to the local
162 enforcement agency’s satisfaction as a condition to closing the
163 permit. All work required to properly close an open or expired
164 permit under this paragraph must be performed in accordance with
165 the building code in effect on the date the application for the
166 open or expired permit was filed, unless, pursuant to the
167 building code in effect when the work is performed, the engineer
168 or architect has sought and received approval from the local
169 enforcement agency for an alternative material, design, or
170 method of construction.
171 (5) The requirements of subsection (4) apply regardless of
172 whether the building permit is open or has expired.
173 (6)(a) A local enforcement agency may not deny issuance of
174 a building permit or issue a notice of violation to, or fine,
175 penalize, sanction, or assess fees against, a subsequent arms
176 length purchaser of the subject property for value solely
177 because a building permit was not properly closed within one of
178 the following periods:
179 1. Five years after expiration of the date of recordation
180 of the notice of commencement or of the last amendment thereto.
181 2. If a notice of commencement was not recorded, within 7
182 years after the building permit was issued.
183 (b) A local enforcement agency shall maintain all rights
184 and remedies against the property owner and contractor
185 identified on the permit.
186 (7) An individual trade permit, or any other permit type
187 determined by a local enforcement agency, may be closed 6 years
188 after issuance of the permit if no apparent safety hazards exist
189 and no code violations have been previously documented. This
190 subsection does not apply to a building permit for a building
191 project still under construction with a legally granted permit
192 extension.
193 (8) As an alternative to the requirements in subsection
194 (4), with the approval of the local enforcement agency, the
195 owner of a home for sale may assume the role of an owner-builder
196 in order to resolve an open permit for a substantially completed
197 project when the project is abandoned or otherwise not completed
198 by the licensed contractor who obtained the permit. The owner is
199 not required to continue to reside in the home for 1 year. This
200 alternative applies only to real property consisting of single
201 or multiple family dwellings up to and including four units.
202 (9) A contractor may hold an unlimited number of active
203 permits.
204 (10) Provisions in the Florida Building Code which
205 authorize permits to be administratively closed by a local
206 enforcement agency are not applicable to a permit subject to
207 regulation by an agency not specifically enforcing the Florida
208 Building Code, except where the local enforcement agency has
209 regulatory authority over other areas related to the permit,
210 such as zoning or other land development code provisions.
211 Regulations not subject to such provisions in the Florida
212 Building Code include, but are not limited to, local zoning and
213 land use rules, local stormwater management rules, local
214 platting and subdivision requirements, rules implemented by the
215 Department of Health and the Department of Business and
216 Professional Regulation, local utility standards, and provisions
217 of the National Flood Insurance Program Community Rating System.
218 (11) When issuing a building permit, a local enforcement
219 agency shall provide to the property owner a written notice,
220 which may be electronically provided if the permit package is
221 electronically provided, in substantially the following form:
222
223 IMPORTANT NOTICE REGARDING COMPLIANCE WITH THE
224 INSPECTION AND APPROVAL PROCESS FOR ALL BUILDING
225 PERMITS
226
227 You are receiving a building permit authorizing the
228 construction referenced in the application that was
229 submitted to this local enforcement agency by you or
230 on your behalf. The permit is issued with conditions,
231 including required building inspections and assurances
232 that the construction complies with the design
233 submitted with the permit application and any other
234 conditions referenced in the permit. It is critical
235 that you ensure that all necessary building
236 inspections are passed before the expiration of any
237 notice of commencement or amendment thereto, as these
238 inspections are important to ensure that construction
239 has been performed in a safe and proper manner. If you
240 have any questions regarding these procedures, please
241 call the local enforcement agency. Your failure to
242 comply may also result in unsafe conditions arising
243 from your construction.
244
245 (12) The applicable governmental entity may charge only one
246 search fee for searching for and identifying open or unexpired
247 building permits for a tax parcel, regardless of how many units
248 or subunits may be assigned by a municipality or county to a
249 particular tax parcel identification number, in an amount
250 commensurate with research and time costs incurred by the
251 governmental entity.
252 (13) For all building permits issued after October 1, 2019,
253 a local enforcement agency shall send a written notice to the
254 property owner if a building permit has not been properly closed
255 within 1 to 3 years after issuance of any such permit. The
256 notice must advise the property owner of the need to properly
257 close the permit upon completion of the work covered by the
258 permit. Failure to receive written notice does not relieve the
259 contractor or the property owner from taking the necessary
260 actions to legally close the permit.
261 (14) This act does not prevent a local governmental entity
262 from enforcing any provision of a local land development code or
263 other local ordinance not inconsistent with this section.
264 Section 2. This act shall take effect October 1, 2019.