Florida Senate - 2021                      CS for CS for SB 1382
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Community Affairs; and Senator Perry
       
       
       
       
       585-03625-21                                          20211382c2
    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 a declaration
   17         of important state interest; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (f) is added to subsection (4) of
   23  section 125.56, Florida Statutes, to read:
   24         125.56 Enforcement and amendment of the Florida Building
   25  Code and the Florida Fire Prevention Code; inspection fees;
   26  inspectors; etc.—
   27         (4)
   28         (f)A county that issues building permits must allow
   29  requests for inspections to be submitted electronically to the
   30  county building department. Acceptable methods of electronic
   31  submission include, but are not limited to, e-mail or fill-in
   32  form available on the website of the building department or
   33  through a third-party submission management software or
   34  application that can be downloaded on a mobile device. Requests
   35  for inspections may be submitted in person in a nonelectronic
   36  format, at the discretion of the building official.
   37         Section 2. Present subsections (6) through (22) of section
   38  553.79, Florida Statutes, are redesignated as subsections (8)
   39  through (24), respectively, paragraph (d) is added to subsection
   40  (1) of that section, new subsections (6) and (7) are added to
   41  that section, and subsection (2) of that section is amended, to
   42  read:
   43         553.79 Permits; applications; issuance; inspections.—
   44         (1)
   45         (d)A local enforcement agency must allow requests for
   46  inspections to be submitted electronically to the local
   47  enforcement agency’s appropriate building department. Acceptable
   48  methods of electronic submission include, but are not limited
   49  to, e-mail or fill-in form available on the website of the
   50  building department or through a third-party submission
   51  management software or application that can be downloaded on a
   52  mobile device. Requests for inspections may be submitted in
   53  person in a nonelectronic format, at the discretion of the
   54  building official.
   55         (2) Except as provided in subsection (8) subsection (6), an
   56  enforcing agency may not issue any permit for construction,
   57  erection, alteration, modification, repair, or demolition of any
   58  building or structure until the local building code
   59  administrator or inspector has reviewed the plans and
   60  specifications required by the Florida Building Code, or local
   61  amendment thereto, for such proposal and found the plans to be
   62  in compliance with the Florida Building Code. If the local
   63  building code administrator or inspector finds that the plans
   64  are not in compliance with the Florida Building Code, the local
   65  building code administrator or inspector shall identify the
   66  specific plan features that do not comply with the applicable
   67  codes, identify the specific code chapters and sections upon
   68  which the finding is based, and provide this information to the
   69  local enforcing agency. The local enforcing agency shall provide
   70  this information to the permit applicant. In addition, an
   71  enforcing agency may not issue any permit for construction,
   72  erection, alteration, modification, repair, or demolition of any
   73  building until the appropriate firesafety inspector certified
   74  pursuant to s. 633.216 has reviewed the plans and specifications
   75  required by the Florida Building Code, or local amendment
   76  thereto, for such proposal and found that the plans comply with
   77  the Florida Fire Prevention Code and the Life Safety Code. Any
   78  building or structure which is not subject to a firesafety code
   79  shall not be required to have its plans reviewed by the
   80  firesafety inspector. Any building or structure that is exempt
   81  from the local building permit process may not be required to
   82  have its plans reviewed by the local building code
   83  administrator. Industrial construction on sites where design,
   84  construction, and firesafety are supervised by appropriate
   85  design and inspection professionals and which contain adequate
   86  in-house fire departments and rescue squads is exempt, subject
   87  to local government option, from review of plans and
   88  inspections, providing owners certify that applicable codes and
   89  standards have been met and supply appropriate approved drawings
   90  to local building and firesafety inspectors. The enforcing
   91  agency shall issue a permit to construct, erect, alter, modify,
   92  repair, or demolish any building or structure when the plans and
   93  specifications for such proposal comply with the Florida
   94  Building Code and the Florida Fire Prevention Code and the Life
   95  Safety Code as determined by the local authority in accordance
   96  with this chapter and chapter 633.
   97         (6)A state or local enforcement agency may perform virtual
   98  inspections at the discretion of the enforcement agency.
   99  However, a state or local enforcement agency may not perform
  100  virtual inspections for structural inspections on a threshold
  101  building. For purposes of this subsection, the term “virtual
  102  inspection” means a form of visual inspection which uses visual
  103  or electronic aids to allow a building code administrator or an
  104  inspector, or team of inspectors, to perform an inspection
  105  without having to be physically present at the job site during
  106  the inspection.
  107         (7)(a)A local enforcement agency must refund 10 percent of
  108  the permit and inspection fees to a permitholder if:
  109         1.The inspector or building code administrator determines
  110  that the work, which requires the permit, fails an inspection;
  111  and
  112         2.The inspector or building code administrator fails to
  113  provide, within 3 business days after the inspection, the
  114  permitholder or his or her agent with a reason, based on
  115  compliance with the Florida Building Code, Florida Fire
  116  Prevention Code, or local ordinance, for why the work failed the
  117  inspection.
  118         (b)If any permit and inspection fees are refunded under
  119  paragraph (a), the surcharges provided in s. 553.721 must be
  120  recalculated based on the amount of the permit and inspection
  121  fees after the refund.
  122         Section 3. Section 440.103, Florida Statutes, is amended to
  123  read:
  124         440.103 Building permits; identification of minimum premium
  125  policy.—Every employer shall, as a condition to applying for and
  126  receiving a building permit, show proof and certify to the
  127  permit issuer that it has secured compensation for its employees
  128  under this chapter as provided in ss. 440.10 and 440.38. Such
  129  proof of compensation must be evidenced by a certificate of
  130  coverage issued by the carrier, a valid exemption certificate
  131  approved by the department, or a copy of the employer’s
  132  authority to self-insure and shall be presented, electronically
  133  or physically, each time the employer applies for a building
  134  permit. As provided in s. 553.79(23) s. 553.79(21), for the
  135  purpose of inspection and record retention, site plans or
  136  building permits may be maintained at the worksite in the
  137  original form or in the form of an electronic copy. These plans
  138  and permits must be open to inspection by the building official
  139  or a duly authorized representative, as required by the Florida
  140  Building Code. As provided in s. 627.413(5), each certificate of
  141  coverage must show, on its face, whether or not coverage is
  142  secured under the minimum premium provisions of rules adopted by
  143  rating organizations licensed pursuant to s. 627.221. The words
  144  “minimum premium policy” or equivalent language shall be typed,
  145  printed, stamped, or legibly handwritten.
  146         Section 4. Subsection (1) of section 553.80, Florida
  147  Statutes, is amended to read:
  148         553.80 Enforcement.—
  149         (1) Except as provided in paragraphs (a)-(g), each local
  150  government and each legally constituted enforcement district
  151  with statutory authority shall regulate building construction
  152  and, where authorized in the state agency’s enabling
  153  legislation, each state agency shall enforce the Florida
  154  Building Code required by this part on all public or private
  155  buildings, structures, and facilities, unless such
  156  responsibility has been delegated to another unit of government
  157  under s. 553.79(11) pursuant to s. 553.79(9).
  158         (a) Construction regulations relating to correctional
  159  facilities under the jurisdiction of the Department of
  160  Corrections and the Department of Juvenile Justice are to be
  161  enforced exclusively by those departments.
  162         (b) Construction regulations relating to elevator equipment
  163  under the jurisdiction of the Bureau of Elevators of the
  164  Department of Business and Professional Regulation shall be
  165  enforced exclusively by that department.
  166         (c) In addition to the requirements of s. 553.79 and this
  167  section, facilities subject to the provisions of chapter 395 and
  168  parts II and VIII of chapter 400 shall have facility plans
  169  reviewed and construction surveyed by the state agency
  170  authorized to do so under the requirements of chapter 395 and
  171  parts II and VIII of chapter 400 and the certification
  172  requirements of the Federal Government. Facilities subject to
  173  the provisions of part IV of chapter 400 may have facility plans
  174  reviewed and shall have construction surveyed by the state
  175  agency authorized to do so under the requirements of part IV of
  176  chapter 400 and the certification requirements of the Federal
  177  Government.
  178         (d) Building plans approved under s. 553.77(3) and state
  179  approved manufactured buildings, including buildings
  180  manufactured and assembled offsite and not intended for
  181  habitation, such as lawn storage buildings and storage sheds,
  182  are exempt from local code enforcing agency plan reviews except
  183  for provisions of the code relating to erection, assembly, or
  184  construction at the site. Erection, assembly, and construction
  185  at the site are subject to local permitting and inspections.
  186  Lawn storage buildings and storage sheds bearing the insignia of
  187  approval of the department are not subject to s. 553.842. Such
  188  buildings that do not exceed 400 square feet may be delivered
  189  and installed without need of a contractor’s or specialty
  190  license.
  191         (e) Construction regulations governing public schools,
  192  state universities, and Florida College System institutions
  193  shall be enforced as provided in subsection (6).
  194         (f) The Florida Building Code as it pertains to toll
  195  collection facilities under the jurisdiction of the turnpike
  196  enterprise of the Department of Transportation shall be enforced
  197  exclusively by the turnpike enterprise.
  198         (g) Construction regulations relating to secure mental
  199  health treatment facilities under the jurisdiction of the
  200  Department of Children and Families shall be enforced
  201  exclusively by the department in conjunction with the Agency for
  202  Health Care Administration’s review authority under paragraph
  203  (c).
  204  
  205  The governing bodies of local governments may provide a schedule
  206  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
  207  section, for the enforcement of the provisions of this part.
  208  Such fees shall be used solely for carrying out the local
  209  government’s responsibilities in enforcing the Florida Building
  210  Code. The authority of state enforcing agencies to set fees for
  211  enforcement shall be derived from authority existing on July 1,
  212  1998. However, nothing contained in this subsection shall
  213  operate to limit such agencies from adjusting their fee schedule
  214  in conformance with existing authority.
  215         Section 5. The Legislature determines and declares that
  216  this act fulfills an important state interest.
  217         Section 6. This act shall take effect July 1, 2021.