Florida Senate - 2021 CS for CS for CS for SB 1382
By the Committees on Appropriations; Governmental Oversight and
Accountability; and Community Affairs; and Senator Perry
576-04215-21 20211382c3
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) (6), an enforcing
56 agency may not issue any permit for construction, erection,
57 alteration, modification, repair, or demolition of any building
58 or structure until the local building code administrator or
59 inspector has reviewed the plans and specifications required by
60 the Florida Building Code, or local amendment thereto, for such
61 proposal and found the plans to be in compliance with the
62 Florida Building Code. If the local building code administrator
63 or inspector finds that the plans are not in compliance with the
64 Florida Building Code, the local building code administrator or
65 inspector shall identify the specific plan features that do not
66 comply with the applicable codes, identify the specific code
67 chapters and sections upon which the finding is based, and
68 provide this information to the local enforcing agency. The
69 local enforcing agency shall provide this information to the
70 permit applicant. In addition, an enforcing agency may not issue
71 any permit for construction, erection, alteration, modification,
72 repair, or demolition of any building until the appropriate
73 firesafety inspector certified pursuant to s. 633.216 has
74 reviewed the plans and specifications required by the Florida
75 Building Code, or local amendment thereto, for such proposal and
76 found that the plans comply with the Florida Fire Prevention
77 Code and the Life Safety Code. Any building or structure which
78 is not subject to a firesafety code shall not be required to
79 have its plans reviewed by the firesafety inspector. Any
80 building or structure that is exempt from the local building
81 permit process may not be required to have its plans reviewed by
82 the local building code administrator. Industrial construction
83 on sites where design, construction, and firesafety are
84 supervised by appropriate design and inspection professionals
85 and which contain adequate in-house fire departments and rescue
86 squads is exempt, subject to local government option, from
87 review of plans and inspections, providing owners certify that
88 applicable codes and standards have been met and supply
89 appropriate approved drawings to local building and firesafety
90 inspectors. The enforcing agency shall issue a permit to
91 construct, erect, alter, modify, repair, or demolish any
92 building or structure when the plans and specifications for such
93 proposal comply with the Florida Building Code and the Florida
94 Fire Prevention Code and the Life Safety Code as determined by
95 the local authority in accordance with this chapter and chapter
96 633.
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 5 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. 468.631 or s.
120 553.721 must be recalculated based on the amount of the permit
121 and inspection 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.