Florida Senate - 2021 SB 1382
By Senator Perry
8-01417-21 20211382__
1 A bill to be entitled
2 An act relating to building inspections; amending s.
3 125.56, F.S.; requiring that certain counties allow
4 requests for inspections to be submitted
5 electronically; providing acceptable methods of
6 electronic submission; amending s. 553.79, F.S.;
7 requiring that local enforcement agencies allow
8 requests for inspections to be submitted
9 electronically; providing acceptable methods of
10 electronic submission; authorizing enforcement
11 agencies to perform virtual inspections; providing an
12 exception; providing a definition; requiring a refund
13 of certain fees in certain circumstances; requiring
14 that certain surcharges be recalculated under certain
15 conditions; amending ss. 440.103 and 553.80, F.S.;
16 conforming cross-references; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (f) is added to subsection (4) of
22 section 125.56, Florida Statutes, to read:
23 125.56 Enforcement and amendment of the Florida Building
24 Code and the Florida Fire Prevention Code; inspection fees;
25 inspectors; etc.—
26 (4)
27 (f) A county that issues building permits must allow
28 requests for inspections to be submitted electronically to the
29 county building department. Acceptable methods of electronic
30 submission include, but are not limited to, e-mail or fill-in
31 form available on the website of the building department or
32 through a third-party submission management software or
33 application that can be downloaded on a mobile device. Requests
34 for inspections may be submitted in person in a nonelectronic
35 format, at the discretion of the building official.
36 Section 2. Present subsections (6) through (22) of section
37 553.79, Florida Statutes, are redesignated as subsections (8)
38 through (24), respectively, paragraph (d) is added to subsection
39 (1) of that section, new subsections (6) and (7) are added to
40 that section, and subsection (2) of that section is amended, to
41 read:
42 553.79 Permits; applications; issuance; inspections.—
43 (1)
44 (d) A local enforcement agency must allow requests for
45 inspections to be submitted electronically to the local
46 enforcement agency’s appropriate building department. Acceptable
47 methods of electronic submission include, but are not limited
48 to, e-mail or fill-in form available on the website of the
49 building department or through a third-party submission
50 management software or application that can be downloaded on a
51 mobile device. Requests for inspections may be submitted in
52 person in a nonelectronic format, at the discretion of the
53 building official.
54 (2) Except as provided in subsection (8) subsection (6), an
55 enforcing agency may not issue any permit for construction,
56 erection, alteration, modification, repair, or demolition of any
57 building or structure until the local building code
58 administrator or inspector has reviewed the plans and
59 specifications required by the Florida Building Code, or local
60 amendment thereto, for such proposal and found the plans to be
61 in compliance with the Florida Building Code. If the local
62 building code administrator or inspector finds that the plans
63 are not in compliance with the Florida Building Code, the local
64 building code administrator or inspector shall identify the
65 specific plan features that do not comply with the applicable
66 codes, identify the specific code chapters and sections upon
67 which the finding is based, and provide this information to the
68 local enforcing agency. The local enforcing agency shall provide
69 this information to the permit applicant. In addition, an
70 enforcing agency may not issue any permit for construction,
71 erection, alteration, modification, repair, or demolition of any
72 building until the appropriate firesafety inspector certified
73 pursuant to s. 633.216 has reviewed the plans and specifications
74 required by the Florida Building Code, or local amendment
75 thereto, for such proposal and found that the plans comply with
76 the Florida Fire Prevention Code and the Life Safety Code. Any
77 building or structure which is not subject to a firesafety code
78 shall not be required to have its plans reviewed by the
79 firesafety inspector. Any building or structure that is exempt
80 from the local building permit process may not be required to
81 have its plans reviewed by the local building code
82 administrator. Industrial construction on sites where design,
83 construction, and firesafety are supervised by appropriate
84 design and inspection professionals and which contain adequate
85 in-house fire departments and rescue squads is exempt, subject
86 to local government option, from review of plans and
87 inspections, providing owners certify that applicable codes and
88 standards have been met and supply appropriate approved drawings
89 to local building and firesafety inspectors. The enforcing
90 agency shall issue a permit to construct, erect, alter, modify,
91 repair, or demolish any building or structure when the plans and
92 specifications for such proposal comply with the Florida
93 Building Code and the Florida Fire Prevention Code and the Life
94 Safety Code as determined by the local authority in accordance
95 with this chapter and chapter 633.
96 (6) A state or local enforcement agency may perform virtual
97 inspections at the discretion of the enforcement agency.
98 However, a state or local enforcement agency may not perform
99 virtual inspections for structural inspections on a threshold
100 building. For purposes of this subsection, the term “virtual
101 inspection” means a form of visual inspection which uses visual
102 or electronic aids to allow a building code administrator or an
103 inspector, or team of inspectors, to perform an inspection
104 without having to be physically present at the job site during
105 the inspection.
106 (7)(a) A local enforcement agency must refund 10 percent of
107 the permit and inspection fees to a permit holder if:
108 1. The inspector or building code administrator determines
109 that the work, which requires the permit, fails an inspection.
110 2. The inspector or building code administrator fails to
111 provide, within 3 days after the inspection, the permit holder
112 or his or her agent with a reason, based on compliance with the
113 Florida Building Code, Florida Fire Prevention Code, or local
114 ordinance, for why the work failed the inspection.
115 (b) If any permit and inspection fees are refunded under
116 paragraph (a), the surcharges provided in s. 553.721 must be
117 recalculated based on the amount of the permit and inspection
118 fees after the refund.
119 Section 3. Section 440.103, Florida Statutes, is amended to
120 read:
121 440.103 Building permits; identification of minimum premium
122 policy.—Every employer shall, as a condition to applying for and
123 receiving a building permit, show proof and certify to the
124 permit issuer that it has secured compensation for its employees
125 under this chapter as provided in ss. 440.10 and 440.38. Such
126 proof of compensation must be evidenced by a certificate of
127 coverage issued by the carrier, a valid exemption certificate
128 approved by the department, or a copy of the employer’s
129 authority to self-insure and shall be presented, electronically
130 or physically, each time the employer applies for a building
131 permit. As provided in s. 553.79(23) s. 553.79(21), for the
132 purpose of inspection and record retention, site plans or
133 building permits may be maintained at the worksite in the
134 original form or in the form of an electronic copy. These plans
135 and permits must be open to inspection by the building official
136 or a duly authorized representative, as required by the Florida
137 Building Code. As provided in s. 627.413(5), each certificate of
138 coverage must show, on its face, whether or not coverage is
139 secured under the minimum premium provisions of rules adopted by
140 rating organizations licensed pursuant to s. 627.221. The words
141 “minimum premium policy” or equivalent language shall be typed,
142 printed, stamped, or legibly handwritten.
143 Section 4. Subsection (1) of section 553.80, Florida
144 Statutes, is amended to read:
145 553.80 Enforcement.—
146 (1) Except as provided in paragraphs (a)-(g), each local
147 government and each legally constituted enforcement district
148 with statutory authority shall regulate building construction
149 and, where authorized in the state agency’s enabling
150 legislation, each state agency shall enforce the Florida
151 Building Code required by this part on all public or private
152 buildings, structures, and facilities, unless such
153 responsibility has been delegated to another unit of government
154 under s. 553.79(11) pursuant to s. 553.79(9).
155 (a) Construction regulations relating to correctional
156 facilities under the jurisdiction of the Department of
157 Corrections and the Department of Juvenile Justice are to be
158 enforced exclusively by those departments.
159 (b) Construction regulations relating to elevator equipment
160 under the jurisdiction of the Bureau of Elevators of the
161 Department of Business and Professional Regulation shall be
162 enforced exclusively by that department.
163 (c) In addition to the requirements of s. 553.79 and this
164 section, facilities subject to the provisions of chapter 395 and
165 parts II and VIII of chapter 400 shall have facility plans
166 reviewed and construction surveyed by the state agency
167 authorized to do so under the requirements of chapter 395 and
168 parts II and VIII of chapter 400 and the certification
169 requirements of the Federal Government. Facilities subject to
170 the provisions of part IV of chapter 400 may have facility plans
171 reviewed and shall have construction surveyed by the state
172 agency authorized to do so under the requirements of part IV of
173 chapter 400 and the certification requirements of the Federal
174 Government.
175 (d) Building plans approved under s. 553.77(3) and state
176 approved manufactured buildings, including buildings
177 manufactured and assembled offsite and not intended for
178 habitation, such as lawn storage buildings and storage sheds,
179 are exempt from local code enforcing agency plan reviews except
180 for provisions of the code relating to erection, assembly, or
181 construction at the site. Erection, assembly, and construction
182 at the site are subject to local permitting and inspections.
183 Lawn storage buildings and storage sheds bearing the insignia of
184 approval of the department are not subject to s. 553.842. Such
185 buildings that do not exceed 400 square feet may be delivered
186 and installed without need of a contractor’s or specialty
187 license.
188 (e) Construction regulations governing public schools,
189 state universities, and Florida College System institutions
190 shall be enforced as provided in subsection (6).
191 (f) The Florida Building Code as it pertains to toll
192 collection facilities under the jurisdiction of the turnpike
193 enterprise of the Department of Transportation shall be enforced
194 exclusively by the turnpike enterprise.
195 (g) Construction regulations relating to secure mental
196 health treatment facilities under the jurisdiction of the
197 Department of Children and Families shall be enforced
198 exclusively by the department in conjunction with the Agency for
199 Health Care Administration’s review authority under paragraph
200 (c).
201
202 The governing bodies of local governments may provide a schedule
203 of fees, as authorized by s. 125.56(2) or s. 166.222 and this
204 section, for the enforcement of the provisions of this part.
205 Such fees shall be used solely for carrying out the local
206 government’s responsibilities in enforcing the Florida Building
207 Code. The authority of state enforcing agencies to set fees for
208 enforcement shall be derived from authority existing on July 1,
209 1998. However, nothing contained in this subsection shall
210 operate to limit such agencies from adjusting their fee schedule
211 in conformance with existing authority.
212 Section 5. This act shall take effect July 1, 2021.