Florida Senate - 2021                      CS for CS for SB 1146
       
       
        
       By the Committees on Appropriations; and Community Affairs; and
       Senators Brodeur and Perry
       
       
       
       
       576-04235-21                                          20211146c2
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 381.0065, F.S.; authorizing fee owners or fee
    4         owners’ contractors to select private providers to
    5         provide inspection services for onsite sewage
    6         treatment and disposal systems if certain requirements
    7         are met; providing legislative intent; requiring the
    8         Department of Health to reduce certain permit fees;
    9         prohibiting the department from charging inspection
   10         fees if the fee owner or contractor hires a private
   11         provider to perform an inspection; providing
   12         requirements for private providers or duly authorized
   13         representatives of private providers performing such
   14         inspections; requiring fee owners or contractors to
   15         provide specified notice to the department when using
   16         a private provider for such inspections; providing
   17         requirements for the contents of such notice;
   18         prohibiting the department from charging a fee for
   19         changing the duly authorized representative named in a
   20         permit application; authorizing the department to
   21         audit the performance of private providers; providing
   22         requirements relating to work on a building, a
   23         structure, or an onsite sewage treatment and disposal
   24         system relating to such audits; amending s. 514.0115,
   25         F.S.; prohibiting the Department of Health from
   26         requiring that pools serving assisted living
   27         facilities be compliant with rules relating to
   28         swimming pool lifeguards; amending s. 553.73, F.S.;
   29         authorizing a substantially affected person to file a
   30         petition with the Florida Building Commission to
   31         review certain local government regulations, laws,
   32         ordinances, policies, amendments, or land use or
   33         zoning provisions; defining the term “local
   34         government”; providing requirements for the petition
   35         and commission; requiring the commission to issue a
   36         nonbinding advisory opinion within a specified
   37         timeframe; prohibiting a municipality, county, or
   38         special district from using preliminary maps issued by
   39         the Federal Emergency Management Agency for certain
   40         purposes relating to land use changes; authorizing the
   41         commission to issue errata to the code; defining the
   42         term “errata to the code”; making technical changes;
   43         amending s. 553.77, F.S.; conforming a cross
   44         reference; amending s. 553.79, F.S.; prohibiting a
   45         local government from requiring certain contracts for
   46         the application for or issuance
   47         of a building permit; amending s. 553.791, F.S.;
   48         revising and defining terms; providing requirements
   49         for qualified private providers; requiring local
   50         jurisdictions to reduce permit fees under certain
   51         circumstances; deleting legislative intent; specifying
   52         that contractors using private providers to provide
   53         building code inspections services must notify local
   54         building officials in writing; revising notice
   55         requirements; deleting a provision requiring fee
   56         owners or fee owners’ contractors to post certain
   57         information at a project site before commencing
   58         construction; authorizing certain affidavits to be
   59         signed with electronic signatures and be submitted to
   60         local building officials electronically; authorizing
   61         certain inspections to be performed in-person or
   62         virtually; authorizing certain reports to be signed
   63         with electronic signatures; authorizing certain
   64         notices to be electronically posted; authorizing
   65         private providers to perform certain replacements and
   66         repairs without first notifying local building
   67         officials under certain circumstances; authorizing
   68         certain forms to be signed with electronic signatures;
   69         authorizing certain inspection records to be
   70         electronically posted and electronically submitted to
   71         local building officials; authorizing certificates of
   72         compliance to be electronically transmitted to local
   73         building officials; specifying that a certain registry
   74         must be distinct from the registry of qualified
   75         private providers; conforming provisions to changes
   76         made by the act; authorizing a county, a municipality,
   77         a school district, or an independent special district
   78         to use a private provider to provide building code
   79         inspection services for certain purposes; amending s.
   80         553.842, F.S.; requiring evaluation entities that meet
   81         certain criteria to comply with certain standards;
   82         amending ss. 125.01 and 125.56, F.S.; conforming
   83         cross-references; making technical changes; providing
   84         an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsection (8) is added to section 381.0065,
   89  Florida Statutes, to read:
   90         381.0065 Onsite sewage treatment and disposal systems;
   91  regulation.—
   92         (8) PRIVATE PROVIDER INSPECTION SERVICES.—
   93         (a)Notwithstanding any other law, ordinance, or policy,
   94  the fee owner of an onsite sewage treatment and disposal system,
   95  or the fee owner’s contractor upon written authorization from
   96  the fee owner, may select a private provider to provide
   97  inspection services for onsite sewage treatment and disposal
   98  systems and may pay the private provider directly for such
   99  services if such services are the subject of a written contract
  100  between the private provider, or the private provider’s firm,
  101  and the fee owner or the fee owner’s contractor, upon written
  102  authorization of the fee owner.
  103         (b)It is the intent of the Legislature that owners and
  104  contractors pay reduced fees related to onsite sewage treatment
  105  disposal system inspections when selecting a private provider to
  106  provide such inspections. The department must calculate the cost
  107  savings to the department based on a fee owner or contractor
  108  hiring a private provider to perform inspections in lieu of the
  109  department and reduce permit fees accordingly. The department
  110  may not charge fees for an inspection if the fee owner or
  111  contractor hires a private provider to perform the inspection.
  112         (c)Onsite sewage treatment and disposal system inspection
  113  services may be performed only by a private provider or a duly
  114  authorized representative of a private provider within the
  115  disciplines covered under such person’s licensure or if the
  116  person is certified under s. 381.0101, is a master septic
  117  contractor licensed pursuant to chapter 489, is a professional
  118  engineer who has passed all three parts of the OSTDS Accelerated
  119  Certification Training, or is a person working as staff under
  120  the supervision of a licensed professional engineer and has
  121  passed all three parts of the OSTDS Accelerated Certification
  122  Training.
  123         (d)1.A fee owner or the fee owner’s contractor using a
  124  private provider for onsite sewage treatment and disposal system
  125  inspection services must provide notice to the department at the
  126  time of permit application, or by 2 p.m. local time, 2 business
  127  days before the first scheduled inspection by the department.
  128  The notice must include the following information:
  129         a.The name, firm, address, telephone number, and e-mail
  130  address of each private provider who is performing or will
  131  perform such services, the private provider’s professional
  132  license or certification number, and qualification statements or
  133  resumes for each private provider; and
  134         b.An acknowledgment from the fee owner in substantially
  135  the following form:
  136  
  137         I have elected to use one or more private providers to
  138         provide onsite sewage treatment and disposal system
  139         inspection services that are the subject of the
  140         enclosed permit application. I understand that the
  141         department may not perform the required onsite sewage
  142         treatment and disposal system inspections to determine
  143         compliance with the applicable codes, except to the
  144         extent authorized by law. Instead, inspections will be
  145         performed by the licensed or certified personnel
  146         identified in the application. By executing this form,
  147         I acknowledge that I have made inquiry regarding the
  148         competence of the licensed or certified personnel and
  149         am satisfied that my interests are adequately
  150         protected. I agree to indemnify, defend, and hold
  151         harmless the department from any and all claims
  152         arising from my use of these licensed or certified
  153         personnel to perform onsite sewage treatment and
  154         disposable system inspections with respect to the
  155         onsite sewage treatment and disposable system that are
  156         the subject of the enclosed permit application.
  157  
  158         2.If the fee owner or the fee owner’s contractor makes any
  159  changes to the listed private providers or the services to be
  160  provided by the private providers, the fee owner or the fee
  161  owner’s contractor must update the notice to reflect the change
  162  within 1 business day after the change. A change of a duly
  163  authorized representative named in the permit application does
  164  not require a revision of the permit and the department may not
  165  charge a fee for making such change.
  166         (e)The department may audit the performance of onsite
  167  sewage treatment and disposal system inspection services by
  168  private providers. However, the same private provider may not be
  169  audited more than four times in a month unless the department
  170  determines that an onsite sewage treatment and disposal system
  171  inspected by the private provider should not have passed
  172  inspection. Work on a building, a structure, or an onsite sewage
  173  treatment and disposal system may proceed after inspection and
  174  approval by a private provider if the fee owner or fee owner’s
  175  contractor has given notice of the inspection pursuant to
  176  subsection (4) and, subsequent to such inspection and approval,
  177  may not be delayed for completion of an inspection audit by the
  178  department.
  179         Section 2. Present subsections (3) through (8) of section
  180  514.0115, Florida Statutes, are redesignated as subsections (4)
  181  through (9), respectively, and a new subsection (3) is added to
  182  that section, to read:
  183         514.0115 Exemptions from supervision or regulation;
  184  variances.—
  185         (3)The department may not require compliance with rules
  186  relating to swimming pool lifeguard standards for pools serving
  187  assisted living facilities.
  188         Section 3. Subsections (4), (5), and (8) of section 553.73,
  189  Florida Statutes, are amended to read:
  190         553.73 Florida Building Code.—
  191         (4)(a) All entities authorized to enforce the Florida
  192  Building Code under pursuant to s. 553.80 shall comply with
  193  applicable standards for issuance of mandatory certificates of
  194  occupancy, minimum types of inspections, and procedures for
  195  plans review and inspections as established by the commission by
  196  rule. Local governments may adopt amendments to the
  197  administrative provisions of the Florida Building Code, subject
  198  to the limitations in of this subsection paragraph. Local
  199  amendments must shall be more stringent than the minimum
  200  standards described in this section herein and must shall be
  201  transmitted to the commission within 30 days after enactment.
  202  The local government shall make such amendments available to the
  203  general public in a usable format. The State Fire Marshal is
  204  responsible for establishing the standards and procedures
  205  required in this subsection paragraph for governmental entities
  206  with respect to applying the Florida Fire Prevention Code and
  207  the Life Safety Code.
  208         (b) Local governments may, subject to the limitations in of
  209  this section and not more than once every 6 months, adopt
  210  amendments to the technical provisions of the Florida Building
  211  Code that which apply solely within the jurisdiction of such
  212  government and that which provide for more stringent
  213  requirements than those specified in the Florida Building Code,
  214  not more than once every 6 months. A local government may adopt
  215  technical amendments that address local needs if:
  216         1. The local governing body determines, following a public
  217  hearing which has been advertised in a newspaper of general
  218  circulation at least 10 days before the hearing, that there is a
  219  need to strengthen the requirements of the Florida Building
  220  Code. The determination must be based upon a review of local
  221  conditions by the local governing body, which review
  222  demonstrates by evidence or data that the geographical
  223  jurisdiction governed by the local governing body exhibits a
  224  local need to strengthen the Florida Building Code beyond the
  225  needs or regional variation addressed by the Florida Building
  226  Code, that the local need is addressed by the proposed local
  227  amendment, and that the amendment is no more stringent than
  228  necessary to address the local need.
  229         2. Such additional requirements are not discriminatory
  230  against materials, products, or construction techniques of
  231  demonstrated capabilities.
  232         3. Such additional requirements may not introduce a new
  233  subject not addressed in the Florida Building Code.
  234         (c)4. The enforcing agency shall make readily available, in
  235  a usable format, all amendments adopted under pursuant to this
  236  section.
  237         (d)5. Any amendment to the Florida Building Code shall be
  238  transmitted within 30 days after adoption by the adopting local
  239  government to the commission. The commission shall maintain
  240  copies of all such amendments in a format that is usable and
  241  obtainable by the public. Local technical amendments are shall
  242  not become effective until 30 days after the amendment has been
  243  received and published by the commission.
  244         (e)6.An Any amendment to the Florida Building Code adopted
  245  by a local government under pursuant to this subsection is
  246  paragraph shall be effective only until the adoption by the
  247  commission of the new edition of the Florida Building Code by
  248  the commission every third year. At such time, the commission
  249  shall review such amendment for consistency with the criteria in
  250  paragraph (9)(a) and adopt such amendment as part of the Florida
  251  Building Code or rescind the amendment. The commission shall
  252  immediately notify the respective local government of the
  253  rescission of any amendment. After receiving such notice, the
  254  respective local government may readopt the rescinded amendment
  255  under pursuant to the provisions of this subsection paragraph.
  256         (f)7. Each county and municipality desiring to make local
  257  technical amendments to the Florida Building Code shall by
  258  interlocal agreement establish by interlocal agreement a
  259  countywide compliance review board to review any amendment to
  260  the Florida Building Code that is, adopted by a local government
  261  within the county under pursuant to this subsection and
  262  paragraph, that is challenged by a any substantially affected
  263  party for purposes of determining the amendment’s compliance
  264  with this subsection paragraph. If challenged, the local
  265  technical amendments are shall not become effective until the
  266  time for filing an appeal under paragraph (g) pursuant to
  267  subparagraph 8. has expired or, if there is an appeal, until the
  268  commission issues its final order determining if the adopted
  269  amendment is in compliance with this subsection.
  270         (g)8. If the compliance review board determines such
  271  amendment is not in compliance with this subsection paragraph,
  272  the compliance review board shall notify such local government
  273  of the noncompliance and that the amendment is invalid and
  274  unenforceable until the local government corrects the amendment
  275  to bring it into compliance. The local government may appeal the
  276  decision of the compliance review board to the commission. If
  277  the compliance review board determines that such amendment is to
  278  be in compliance with this subsection paragraph, any
  279  substantially affected party may appeal such determination to
  280  the commission. Any such appeal must shall be filed with the
  281  commission within 14 days after of the board’s written
  282  determination. The commission shall promptly refer the appeal to
  283  the Division of Administrative Hearings by electronic means
  284  through the division’s website for the assignment of an
  285  administrative law judge. The administrative law judge shall
  286  conduct the required hearing within 30 days after being assigned
  287  to the appeal, and shall enter a recommended order within 30
  288  days after of the conclusion of such hearing. The commission
  289  shall enter a final order within 30 days after an order is
  290  rendered thereafter. The provisions of Chapter 120 and the
  291  uniform rules of procedure shall apply to such proceedings. The
  292  local government adopting the amendment that is subject to
  293  challenge has the burden of proving that the amendment complies
  294  with this subsection paragraph in proceedings before the
  295  compliance review board and the commission, as applicable.
  296  Actions of the commission are subject to judicial review under
  297  pursuant to s. 120.68. The compliance review board shall
  298  determine whether its decisions apply to a respective local
  299  jurisdiction or apply countywide.
  300         (h)9. An amendment adopted under this subsection paragraph
  301  must shall include a fiscal impact statement that which
  302  documents the costs and benefits of the proposed amendment.
  303  Criteria for the fiscal impact statement shall include the
  304  impact to local government relative to enforcement and, the
  305  impact to property and building owners and, as well as to
  306  industry, relative to the cost of compliance. The fiscal impact
  307  statement may not be used as a basis for challenging the
  308  amendment for compliance.
  309         (i)10. In addition to paragraphs (f) and (g) subparagraphs
  310  7. and 9., the commission may review any amendments adopted
  311  under pursuant to this subsection and make nonbinding
  312  recommendations related to compliance of such amendments with
  313  this subsection.
  314         (j)(c) Any amendment adopted by a local enforcing agency
  315  under pursuant to this subsection may shall not apply to state
  316  or school district owned buildings, manufactured buildings or
  317  factory-built school buildings approved by the commission, or
  318  prototype buildings approved under pursuant to s. 553.77(3). The
  319  respective responsible entities shall consider the physical
  320  performance parameters substantiating such amendments when
  321  designing, specifying, and constructing such exempt buildings.
  322         (k)(d) A technical amendment to the Florida Building Code
  323  related to water conservation practices or design criteria
  324  adopted by a local government under pursuant to this subsection
  325  is not rendered void when the code is updated if the technical
  326  amendment is necessary to protect or provide for more efficient
  327  use of water resources as provided in s. 373.621. However, any
  328  such technical amendment carried forward into the next edition
  329  of the code under pursuant to this paragraph is subject to
  330  review or modification as provided in this part.
  331         (l)If a local government adopts a regulation, law,
  332  ordinance, policy, amendment, or land use or zoning provision
  333  without using the process established in this subsection, and a
  334  substantially affected person considers such regulation, law,
  335  ordinance, policy, amendment, or land use or zoning provision to
  336  be a technical amendment to the Florida Building Code, then the
  337  substantially affected person may submit a petition to the
  338  commission for a nonbinding advisory opinion. If a substantially
  339  affected person submits a request in accordance with this
  340  paragraph, the commission shall issue a nonbinding advisory
  341  opinion stating whether or not the commission interprets the
  342  regulation, law, ordinance, policy, amendment, or land use or
  343  zoning provision as a technical amendment to the Florida
  344  Building Code. As used in this paragraph, the term “local
  345  government” means a county, municipality, special district, or
  346  political subdivision of the state.
  347         1.Requests to review a local government regulation, law,
  348  ordinance, policy, amendment, or land use or zoning provision
  349  may be initiated by any substantially affected person. A
  350  substantially affected person includes an owner or builder
  351  subject to the regulation, law, ordinance, policy, amendment, or
  352  land use or zoning provision, or an association of owners or
  353  builders having members who are subject to the regulation, law,
  354  ordinance, policy, amendment, or land use or zoning provision.
  355         2.In order to initiate a review, a substantially affected
  356  person must file a petition with the commission. The commission
  357  shall adopt a form for the petition and directions for filing,
  358  which shall be published on the Building Code Information
  359  System. The form shall, at a minimum, require the following:
  360         a.The name of the local government that enacted the
  361  regulation, law, ordinance, policy, amendment, or land use or
  362  zoning provision.
  363         b.The name and address of the local government’s general
  364  counsel or administrator.
  365         c.The name, address, and telephone number of the
  366  petitioner; the name, address, and telephone number of the
  367  petitioner’s representative, if any; and an explanation of how
  368  the petitioner’s substantial interests are being affected by the
  369  regulation, law, ordinance, policy, amendment, or land use or
  370  zoning provision.
  371         d.A statement explaining why the regulation, law,
  372  ordinance, policy, amendment, or land use or zoning provision is
  373  a technical amendment to the Florida Building Code, and which
  374  provisions of the Florida Building Code, if any, are being
  375  amended by the regulation, law, ordinance, policy, amendment, or
  376  land use or zoning provision.
  377         3.The petitioner shall serve the petition on the local
  378  government’s general counsel or administrator by certified mail,
  379  return receipt requested, and send a copy of the petition to the
  380  commission, in accordance with the commission’s published
  381  directions. The local government shall respond to the petition
  382  in accordance with the form by certified mail, return receipt
  383  requested, and send a copy of its response to the commission,
  384  within 14 days after receipt of the petition, including
  385  Saturdays, Sundays, and legal holidays.
  386         4.Upon receipt of a petition that meets the requirements
  387  of this paragraph, the commission shall publish the petition,
  388  including any response submitted by the local government, on the
  389  Building Code Information System in a manner that allows
  390  interested persons to address the issues by posting comments.
  391         5.Before issuing an advisory opinion, the commission shall
  392  consider the petition, the response, and any comments posted on
  393  the Building Code Information System. The commission may also
  394  provide the petition, the response, and any comments posted on
  395  the Building Code Information System to a technical advisory
  396  committee, and may consider any recommendation provided by the
  397  technical advisory committee. The commission shall issue an
  398  advisory opinion stating whether the regulation, law, ordinance,
  399  policy, amendment, or land use or zoning provision is a
  400  technical amendment to the Florida Building Code within 30 days
  401  after the filing of the petition, including Saturdays, Sundays,
  402  and legal holidays. The commission shall publish its advisory
  403  opinion on the Building Code Information System and in the
  404  Florida Administrative Register. The commission’s advisory
  405  opinion is nonbinding and is not a declaratory statement under
  406  s. 120.565.
  407         (5) Notwithstanding subsection (4), counties and
  408  municipalities may adopt by ordinance an administrative or
  409  technical amendment to the Florida Building Code relating to
  410  flood resistance in order to implement the National Flood
  411  Insurance Program or incentives. Specifically, an administrative
  412  amendment may assign the duty to enforce all or portions of
  413  flood-related code provisions to the appropriate agencies of the
  414  local government and adopt procedures for variances and
  415  exceptions from flood-related code provisions other than
  416  provisions for structures seaward of the coastal construction
  417  control line consistent with the requirements in 44 C.F.R. s.
  418  60.6. A technical amendment is authorized to the extent it is
  419  more stringent than the code. A technical amendment is not
  420  subject to the requirements of subsection (4) and may not be
  421  rendered void when the code is updated if the amendment is
  422  adopted for the purpose of participating in the Community Rating
  423  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
  424  had already been adopted by local ordinance prior to July 1,
  425  2010, or the amendment requires a design flood elevation above
  426  the base flood elevation. Any amendment adopted pursuant to this
  427  subsection shall be transmitted to the commission within 30 days
  428  after being adopted. A municipality, county, or special district
  429  may not use preliminary maps issued by the Federal Emergency
  430  Management Agency for any law, ordinance, rule, or other measure
  431  that has the effect of imposing land use changes.
  432         (8) Notwithstanding subsection (3) or subsection (7), the
  433  commission may address issues identified in this subsection by
  434  amending the code under pursuant to the rule adoption procedures
  435  in chapter 120. Updates to the Florida Building Code, including
  436  provisions contained in referenced standards and criteria which
  437  relate to wind resistance or the prevention of water intrusion,
  438  may not be amended under pursuant to this subsection to diminish
  439  those standards; however, the commission may amend the Florida
  440  Building Code to enhance such standards. Following the approval
  441  of any amendments to the Florida Building Code by the commission
  442  and publication of the amendments on the commission’s website,
  443  authorities having jurisdiction to enforce the Florida Building
  444  Code may enforce the amendments.
  445         (a) The commission may approve amendments that are needed
  446  to address:
  447         1.(a) Conflicts within the updated code;
  448         2.(b) Conflicts between the updated code and the Florida
  449  Fire Prevention Code adopted under pursuant to chapter 633;
  450         3.(c) Unintended results from the integration of previously
  451  adopted amendments with the model code;
  452         4.(d) Equivalency of standards;
  453         5.(e) Changes to or inconsistencies with federal or state
  454  law; or
  455         6.(f) Adoption of an updated edition of the National
  456  Electrical Code if the commission finds that delay of
  457  implementing the updated edition causes undue hardship to
  458  stakeholders or otherwise threatens the public health, safety,
  459  and welfare.
  460         (b)The commission may issue errata to the code to correct
  461  demonstrated errors in provisions contained within the Florida
  462  Building Code. The determination of such errors and the issuance
  463  of errata to the code must be approved by a 75 percent
  464  supermajority vote of the commission. For purposes of this
  465  paragraph, “errata to the code” means a list of errors in
  466  current and previous editions of the Florida Building Code.
  467         Section 4. Subsection (7) of section 553.77, Florida
  468  Statutes, is amended to read:
  469         553.77 Specific powers of the commission.—
  470         (7) Building officials shall recognize and enforce variance
  471  orders issued by the Department of Health under s. 514.0115(9)
  472  pursuant to s. 514.0115(8), including any conditions attached to
  473  the granting of the variance.
  474         Section 5. Paragraph (d) is added to subsection (1) of
  475  section 553.79, Florida Statutes, to read:
  476         553.79 Permits; applications; issuance; inspections.—
  477         (1)
  478         (d)A local government may not require a contract between a
  479  builder and an owner for the issuance of a building permit or as
  480  a requirement for the submission of a building permit
  481  application.
  482         Section 6. Present subsections (10) through (19) of section
  483  553.791, Florida Statutes, are redesignated as subsections (11)
  484  through (20), respectively, a new subsection (10) and subsection
  485  (21) are added to that section, and subsection (1), paragraph
  486  (b) of subsection (2), subsections (3), (4), and (6), paragraphs
  487  (b) and (d) of subsection (7), subsections (8) and (9), and
  488  present subsections (10), (11), (12), (14), and (15) are
  489  amended, to read:
  490         553.791 Alternative plans review and inspection.—
  491         (1) As used in this section, the term:
  492         (a) “Applicable codes” means the Florida Building Code and
  493  any local technical amendments to the Florida Building Code but
  494  does not include the applicable minimum fire prevention and
  495  firesafety codes adopted pursuant to chapter 633.
  496         (b) “Audit” means the process to confirm that the building
  497  code inspection services have been performed by the private
  498  provider, including ensuring that the required affidavit for the
  499  plan review has been properly completed and submitted with
  500  affixed to the permit documents and that the minimum mandatory
  501  inspections required under the building code have been performed
  502  and properly recorded. The local building official may not
  503  replicate the plan review or inspection being performed by the
  504  private provider, unless expressly authorized by this section.
  505         (c) “Building” means any construction, erection,
  506  alteration, demolition, or improvement of, or addition to, any
  507  structure or site work for which permitting by a local
  508  enforcement agency is required.
  509         (d) “Building code inspection services” means those
  510  services described in s. 468.603(5) and (8) involving the review
  511  of building plans as well as those services involving the review
  512  of site plans and site work engineering plans or their
  513  functional equivalent, to determine compliance with applicable
  514  codes and those inspections required by law, conducted either in
  515  person or virtually, of each phase of construction for which
  516  permitting by a local enforcement agency is required to
  517  determine compliance with applicable codes.
  518         (e) “Deliver” or “delivery” means any method of delivery
  519  used in conventional business or commercial practice, including
  520  delivery by electronic transmissions.
  521         (f) “Duly authorized representative” means an agent of the
  522  private provider identified in the permit application who
  523  reviews plans or performs inspections as provided by this
  524  section and who is licensed as an engineer under chapter 471 or
  525  as an architect under chapter 481 or who holds a standard
  526  certificate under part XII of chapter 468.
  527         (g)Electronically posted” means providing notices of
  528  decisions, results, or records, including inspection records,
  529  through the use of a website or other form of electronic
  530  communication used to transmit or display information.
  531         (h)“Electronic signature” means any letters, characters,
  532  or symbols manifested by electronic or similar means which are
  533  executed or adopted by a party with an intent to authenticate a
  534  writing or record.
  535         (i)“Electronic transmission” or “submitted electronically
  536  means any form or process of communication not directly
  537  involving the physical transfer of paper or another tangible
  538  medium which is suitable for the retention, retrieval, and
  539  reproduction of information by the recipient and is retrievable
  540  in paper form by the receipt through an automated process. All
  541  notices provided for in this section may be transmitted
  542  electronically and shall have the same legal effect as if
  543  physically posted or mailed.
  544         (j)(f) “Immediate threat to public safety and welfare”
  545  means a building code violation that, if allowed to persist,
  546  constitutes an immediate hazard that could result in death,
  547  serious bodily injury, or significant property damage. This
  548  paragraph does not limit the authority of the local building
  549  official to issue a Notice of Corrective Action at any time
  550  during the construction of a building project or any portion of
  551  such project if the official determines that a condition of the
  552  building or portion thereof may constitute a hazard when the
  553  building is put into use following completion as long as the
  554  condition cited is shown to be in violation of the building code
  555  or approved plans.
  556         (k)(g) “Local building official” means the individual
  557  within the governing jurisdiction responsible for direct
  558  regulatory administration or supervision of plans review,
  559  enforcement, and inspection of any construction, erection,
  560  alteration, demolition, or substantial improvement of, or
  561  addition to, any structure for which permitting is required to
  562  indicate compliance with applicable codes and includes any duly
  563  authorized designee of such person.
  564         (l)(h) “Permit application” means a properly completed and
  565  submitted application for the requested building or construction
  566  permit, including:
  567         1. The plans reviewed by the private provider.
  568         2. The affidavit from the private provider required under
  569  subsection (6).
  570         3. Any applicable fees.
  571         4. Any documents required by the local building official to
  572  determine that the fee owner has secured all other government
  573  approvals required by law.
  574         (m)(i) “Plans” means building plans, site engineering
  575  plans, or site plans, or their functional equivalent, submitted
  576  by a fee owner or fee owner’s contractor to a private provider
  577  or duly authorized representative for review.
  578         (n)(j) “Private provider” means a person licensed as a
  579  building code administrator under part XII of chapter 468, as an
  580  engineer under chapter 471, or as an architect under chapter
  581  481. For purposes of performing inspections under this section
  582  for additions and alterations that are limited to 1,000 square
  583  feet or less to residential buildings, the term “private
  584  provider” also includes a person who holds a standard
  585  certificate under part XII of chapter 468.
  586         (o)“Qualified private provider” means a private provider
  587  who has previously performed plans review and inspection
  588  services in the local jurisdiction and has registered with the
  589  local enforcing agency by providing the local building official
  590  with the private provider’s name, firm, address, telephone
  591  number, and e-mail address; his or her professional license or
  592  certification number, qualification statements, or resumes; and,
  593  if required by the local building official, a certificate of
  594  insurance demonstrating that professional liability insurance
  595  coverage is in place for the private provider’s firm, the
  596  private provider, and any duly authorized representative in the
  597  amounts required by this section. This information must be
  598  submitted on an annual basis to the local jurisdiction in order
  599  to maintain qualifying status. If at any time any of the
  600  information submitted to the local jurisdiction changes, the
  601  private provider must contact the local jurisdiction and update
  602  the information within 10 business days after the change. The
  603  local jurisdiction is required to keep a registry of active
  604  qualified private providers.
  605         (p)(k) “Request for certificate of occupancy or certificate
  606  of completion” means a properly completed and executed
  607  application for:
  608         1. A certificate of occupancy or certificate of completion.
  609         2. A certificate of compliance from the private provider
  610  required under subsection (12) (11).
  611         3. Any applicable fees.
  612         4. Any documents required by the local building official to
  613  determine that the fee owner has secured all other government
  614  approvals required by law.
  615         (q)“Single-trade inspection” means any inspection focused
  616  on a single construction trade, such as plumbing, mechanical, or
  617  electrical. The term includes, but is not limited to,
  618  inspections of door or window replacements; fences and block
  619  walls more than 6 feet high from the top of the wall to the
  620  bottom of the footing; stucco or plastering; reroofing with no
  621  structural alteration; HVAC replacements; ductwork or fan
  622  replacements; alteration or installation of wiring, lighting,
  623  and service panels; water heater changeouts; sink replacements;
  624  and repiping.
  625         (r)(l) “Site work” means the portion of a construction
  626  project that is not part of the building structure, including,
  627  but not limited to, grading, excavation, landscape irrigation,
  628  and installation of driveways.
  629         (s)(m) “Stop-work order” means the issuance of any written
  630  statement, written directive, or written order which states the
  631  reason for the order and the conditions under which the cited
  632  work will be permitted to resume.
  633         (2)
  634         (b) If an owner or contractor retains a private provider
  635  for purposes of plans review or building inspection services,
  636  the local jurisdiction must reduce the permit fee by the amount
  637  of cost savings realized by the local enforcement agency for not
  638  having to perform such services. Such reduction may be
  639  calculated on a flat fee or percentage basis, or any other
  640  reasonable means by which a local enforcement agency assesses
  641  the cost for its plans review or inspection services It is the
  642  intent of the Legislature that owners and contractors pay
  643  reduced fees related to building permitting requirements when
  644  hiring a private provider for plans review and building
  645  inspections. A local jurisdiction must calculate the cost
  646  savings to the local enforcement agency, based on a fee owner or
  647  contractor hiring a private provider to perform plans reviews
  648  and building inspections in lieu of the local building official,
  649  and reduce the permit fees accordingly. The local jurisdiction
  650  may not charge fees for building inspections if the fee owner or
  651  contractor hires a private provider to perform such services;
  652  however, the local jurisdiction may charge a reasonable
  653  administrative fee.
  654         (3) A private provider and any duly authorized
  655  representative may only perform building code inspection
  656  services that are within the disciplines covered by that
  657  person’s licensure or certification under chapter 468, chapter
  658  471, or chapter 481, including single-trade inspections. A
  659  private provider may not provide building code inspection
  660  services pursuant to this section upon any building designed or
  661  constructed by the private provider or the private provider’s
  662  firm.
  663         (4) A fee owner or the fee owner’s contractor using a
  664  private provider to provide building code inspection services
  665  shall notify the local building official in writing at the time
  666  of permit application, or by 2 p.m. local time, 2 business days
  667  before the first scheduled inspection by the local building
  668  official or building code enforcement agency that for a private
  669  provider has been contracted to perform the performing required
  670  inspections of construction under this section, including
  671  single-trade inspections, on a form to be adopted by the
  672  commission. This notice shall include the following information:
  673         (a) The services to be performed by the private provider.
  674         (b) The name, firm, address, telephone number, and e-mail
  675  address facsimile number of each private provider who is
  676  performing or will perform such services, his or her
  677  professional license or certification number, qualification
  678  statements or resumes, and, if required by the local building
  679  official, a certificate of insurance demonstrating that
  680  professional liability insurance coverage is in place for the
  681  private provider’s firm, the private provider, and any duly
  682  authorized representative in the amounts required by this
  683  section.
  684  
  685  However, the notice is not required to include such information
  686  for private providers who are qualified private providers within
  687  the local jurisdiction and have renewed such designation
  688  pursuant to this section.
  689         (c) An acknowledgment from the fee owner in substantially
  690  the following form:
  691  
  692         I have elected to use one or more private providers to
  693         provide building code plans review and/or inspection
  694         services on the building or structure that is the
  695         subject of the enclosed permit application, as
  696         authorized by s. 553.791, Florida Statutes. I
  697         understand that the local building official may not
  698         review the plans submitted or perform the required
  699         building inspections to determine compliance with the
  700         applicable codes, except to the extent specified in
  701         said law. Instead, plans review and/or required
  702         building inspections will be performed by licensed or
  703         certified personnel identified in the application. The
  704         law requires minimum insurance requirements for such
  705         personnel, but I understand that I may require more
  706         insurance to protect my interests. By executing this
  707         form, I acknowledge that I have made inquiry regarding
  708         the competence of the licensed or certified personnel
  709         and the level of their insurance and am satisfied that
  710         my interests are adequately protected. I agree to
  711         indemnify, defend, and hold harmless the local
  712         government, the local building official, and their
  713         building code enforcement personnel from any and all
  714         claims arising from my use of these licensed or
  715         certified personnel to perform building code
  716         inspection services with respect to the building or
  717         structure that is the subject of the enclosed permit
  718         application.
  719  
  720  If the fee owner or the fee owner’s contractor makes any changes
  721  to the listed private providers or the services to be provided
  722  by those private providers, the fee owner or the fee owner’s
  723  contractor shall, within 1 business day after any change or
  724  within 2 business days before the next scheduled inspection,
  725  update the notice to reflect such changes. A change of a duly
  726  authorized representative named in the permit application does
  727  not require a revision of the permit, and the building code
  728  enforcement agency shall not charge a fee for making the change.
  729  In addition, the fee owner or the fee owner’s contractor shall
  730  post at the project site, before the commencement of
  731  construction and updated within 1 business day after any change,
  732  on a form to be adopted by the commission, the name, firm,
  733  address, telephone number, and facsimile number of each private
  734  provider who is performing or will perform building code
  735  inspection services, the type of service being performed, and
  736  similar information for the primary contact of the private
  737  provider on the project.
  738         (6) A private provider performing plans review under this
  739  section shall review the plans to determine compliance with the
  740  applicable codes. Upon determining that the plans reviewed
  741  comply with the applicable codes, the private provider shall
  742  prepare an affidavit or affidavits on a form reasonably
  743  acceptable to the commission certifying, under oath, that the
  744  following is true and correct to the best of the private
  745  provider’s knowledge and belief:
  746         (a) The plans were reviewed by the affiant, who is duly
  747  authorized to perform plans review pursuant to this section and
  748  holds the appropriate license or certificate.
  749         (b) The plans comply with the applicable codes.
  750  
  751  Such affidavit may bear a written or electronic signature and
  752  may be submitted electronically to the local building official.
  753         (7)
  754         (b) If the local building official provides a written
  755  notice of plan deficiencies to the permit applicant within the
  756  prescribed 20-day period, the 20-day period shall be tolled
  757  pending resolution of the matter. To resolve the plan
  758  deficiencies, the permit applicant may elect to dispute the
  759  deficiencies pursuant to subsection (14) (13) or to submit
  760  revisions to correct the deficiencies.
  761         (d) If the local building official provides a second
  762  written notice of plan deficiencies to the permit applicant
  763  within the prescribed time period, the permit applicant may
  764  elect to dispute the deficiencies pursuant to subsection (14)
  765  (13) or to submit additional revisions to correct the
  766  deficiencies. For all revisions submitted after the first
  767  revision, the local building official has an additional 5
  768  business days from the date of resubmittal to issue the
  769  requested permit or to provide a written notice to the permit
  770  applicant stating which of the previously identified plan
  771  features remain in noncompliance with the applicable codes, with
  772  specific reference to the relevant code chapters and sections.
  773         (8) A private provider performing required inspections
  774  under this section shall inspect each phase of construction as
  775  required by the applicable codes. Such inspection may be
  776  performed in-person or virtually. The private provider may have
  777  shall be permitted to send a duly authorized representative to
  778  the building site to perform the required inspections, provided
  779  all required reports are prepared by and bear the written or
  780  electronic signature of the private provider or the private
  781  provider’s duly authorized representative. The duly authorized
  782  representative must be an employee of the private provider
  783  entitled to receive reemployment assistance benefits under
  784  chapter 443. The contractor’s contractual or legal obligations
  785  are not relieved by any action of the private provider.
  786         (9) A private provider performing required inspections
  787  under this section shall provide notice to the local building
  788  official of the date and approximate time of any such inspection
  789  no later than the prior business day by 2 p.m. local time or by
  790  any later time permitted by the local building official in that
  791  jurisdiction. The local building official may not prohibit the
  792  private provider from performing any inspection outside the
  793  local building official’s normal operating hours, including
  794  after hours, weekends, or holidays. The local building official
  795  may visit the building site as often as necessary to verify that
  796  the private provider is performing all required inspections. A
  797  deficiency notice must be posted at the job site by the private
  798  provider, the duly authorized representative of the private
  799  provider, or the building department whenever a noncomplying
  800  item related to the building code or the permitted documents is
  801  found. Such notice may be physically posted at the job site or
  802  electronically posted. After corrections are made, the item must
  803  be reinspected by the private provider or representative before
  804  being concealed. Reinspection or reaudit fees shall not be
  805  charged by the local jurisdiction as a result of the local
  806  jurisdiction’s audit inspection occurring before the performance
  807  of the private provider’s inspection or for any other
  808  administrative matter not involving the detection of a violation
  809  of the building code or a permit requirement.
  810         (10) If equipment replacements and repairs must be
  811  performed in an emergency situation, subject to the emergency
  812  permitting provisions of the Florida Building Code, a private
  813  provider may perform emergency inspection services without first
  814  notifying the local building official pursuant to subsection
  815  (9). A private provider must conduct the inspection within 3
  816  business days after being contacted to conduct an emergency
  817  inspection and must submit the inspection report to the local
  818  building official within 1 day after the inspection is
  819  completed.
  820         (11)(10) Upon completing the required inspections at each
  821  applicable phase of construction, the private provider shall
  822  record such inspections on a form acceptable to the local
  823  building official. The form must bear the written or electronic
  824  signature of be signed by the provider or the provider’s duly
  825  authorized representative. These inspection records shall
  826  reflect those inspections required by the applicable codes of
  827  each phase of construction for which permitting by a local
  828  enforcement agency is required. The private provider, upon
  829  completion of the required inspection before leaving the project
  830  site, shall post each completed inspection record, indicating
  831  pass or fail, at the site and provide the record to the local
  832  building official within 2 business days. Such inspection record
  833  may be electronically posted by the private provider or the
  834  private provider may post such inspection record physically at
  835  the project site. The private provider may electronically
  836  transmit the record to the local building official. The local
  837  building official may waive the requirement to provide a record
  838  of each inspection within 2 business days if the record is
  839  electronically posted or posted at the project site and all such
  840  inspection records are submitted with the certificate of
  841  compliance. Unless the records have been electronically posted,
  842  records of all required and completed inspections shall be
  843  maintained at the building site at all times and made available
  844  for review by the local building official. The private provider
  845  shall report to the local enforcement agency any condition that
  846  poses an immediate threat to public safety and welfare.
  847         (12)(11) Upon completion of all required inspections, the
  848  private provider shall prepare a certificate of compliance, on a
  849  form acceptable to the local building official, summarizing the
  850  inspections performed and including a written representation,
  851  under oath, that the stated inspections have been performed and
  852  that, to the best of the private provider’s knowledge and
  853  belief, the building construction inspected complies with the
  854  approved plans and applicable codes. The statement required of
  855  the private provider shall be substantially in the following
  856  form and shall be signed and sealed by a private provider as
  857  established in subsection (1) or may be electronically
  858  transmitted to the local building official:
  859  
  860         To the best of my knowledge and belief, the building
  861         components and site improvements outlined herein and
  862         inspected under my authority have been completed in
  863         conformance with the approved plans and the applicable
  864         codes.
  865  
  866         (13)(12) No more than 2 business days after receipt of a
  867  request for a certificate of occupancy or certificate of
  868  completion and the applicant’s presentation of a certificate of
  869  compliance and approval of all other government approvals
  870  required by law, the local building official shall issue the
  871  certificate of occupancy or certificate of completion or provide
  872  a notice to the applicant identifying the specific deficiencies,
  873  as well as the specific code chapters and sections. If the local
  874  building official does not provide notice of the deficiencies
  875  within the prescribed 2-day period, the request for a
  876  certificate of occupancy or certificate of completion shall be
  877  deemed granted and the certificate of occupancy or certificate
  878  of completion shall be issued by the local building official on
  879  the next business day. To resolve any identified deficiencies,
  880  the applicant may elect to dispute the deficiencies pursuant to
  881  subsection (14) (13) or to submit a corrected request for a
  882  certificate of occupancy or certificate of completion.
  883         (15)(14) For the purposes of this section, any notice to be
  884  provided by the local building official shall be deemed to be
  885  provided to the person or entity when successfully transmitted
  886  to the e-mail address facsimile number listed for that person or
  887  entity in the permit application or revised permit application,
  888  or, if no e-mail address facsimile number is stated, when
  889  actually received by that person or entity.
  890         (16)(a)(15)(a) A local enforcement agency, local building
  891  official, or local government may not adopt or enforce any laws,
  892  rules, procedures, policies, qualifications, or standards more
  893  stringent than those prescribed by this section.
  894         (b) A local enforcement agency, local building official, or
  895  local government may establish, for private providers and duly
  896  authorized representatives working within that jurisdiction, a
  897  system of registration to verify compliance with the licensure
  898  requirements of paragraph (1)(n) (1)(j) and the insurance
  899  requirements of subsection (17). Such registration must be
  900  distinct from the registry of qualified private providers (16).
  901         (c) This section does not limit the authority of the local
  902  building official to issue a stop-work order for a building
  903  project or any portion of the project, as provided by law, if
  904  the official determines that a condition on the building site
  905  constitutes an immediate threat to public safety and welfare.
  906         (21)Notwithstanding any other law, a county, a
  907  municipality, a school district, or an independent special
  908  district may use a private provider to provide building code
  909  inspection services for a public works project, an improvement,
  910  a building, or any other structure pursuant to this section.
  911         Section 7. Paragraph (a) of subsection (8) of section
  912  553.842, Florida Statutes, is amended to read:
  913         553.842 Product evaluation and approval.—
  914         (8) The commission may adopt rules to approve the following
  915  types of entities that produce information on which product
  916  approvals are based. All of the following entities, including
  917  engineers and architects, must comply with a nationally
  918  recognized standard demonstrating independence or no conflict of
  919  interest:
  920         (a) Evaluation entities approved under pursuant to this
  921  paragraph or that meet the criteria for approval adopted by the
  922  commission by rule. The commission shall specifically approve
  923  the National Evaluation Service, the International Association
  924  of Plumbing and Mechanical Officials Evaluation Service, the
  925  International Code Council Evaluation Services, Underwriters
  926  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
  927  Miami-Dade County Building Code Compliance Office Product
  928  Control Division. Architects and engineers licensed in this
  929  state are also approved to conduct product evaluations as
  930  provided in subsection (5).
  931         Section 8. Paragraph (bb) of subsection (1) of section
  932  125.01, Florida Statutes, is amended to read:
  933         125.01 Powers and duties.—
  934         (1) The legislative and governing body of a county shall
  935  have the power to carry on county government. To the extent not
  936  inconsistent with general or special law, this power includes,
  937  but is not restricted to, the power to:
  938         (bb) Enforce the Florida Building Code, as provided in s.
  939  553.80, and adopt and enforce local technical amendments to the
  940  Florida Building Code as provided in s. 553.73(4), pursuant to
  941  s. 553.73(4)(b) and (c).
  942         Section 9. Subsection (1) of section 125.56, Florida
  943  Statutes, is amended to read:
  944         125.56 Enforcement and amendment of the Florida Building
  945  Code and the Florida Fire Prevention Code; inspection fees;
  946  inspectors; etc.—
  947         (1) The board of county commissioners of each of the
  948  several counties of the state may enforce the Florida Building
  949  Code and the Florida Fire Prevention Code, as provided in ss.
  950  553.80, 633.206, and 633.208, and, at its discretion, adopt
  951  local technical amendments to the Florida Building Code as
  952  provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
  953  and local technical amendments to the Florida Fire Prevention
  954  Code as provided in, pursuant to s. 633.202, to provide for the
  955  safe construction, erection, alteration, repair, securing, and
  956  demolition of any building within its territory outside the
  957  corporate limits of any municipality. Upon a determination to
  958  consider amending the Florida Building Code or the Florida Fire
  959  Prevention Code by a majority of the members of the board of
  960  county commissioners of such county, the board shall call a
  961  public hearing and comply with the public notice requirements of
  962  s. 125.66(2). The board shall hear all interested parties at the
  963  public hearing and may then amend the building code or the fire
  964  code consistent with the terms and purposes of this act. Upon
  965  adoption, an amendment to the code shall be in full force and
  966  effect throughout the unincorporated area of such county until
  967  otherwise notified by the Florida Building Commission under
  968  pursuant to s. 553.73 or the State Fire Marshal under pursuant
  969  to s. 633.202. This subsection does not Nothing herein contained
  970  shall be construed to prevent the board of county commissioners
  971  from repealing such amendment to the building code or the fire
  972  code at any regular meeting of such board.
  973         Section 10. This act shall take effect July 1, 2021.