Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 401
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 2a/RE/3R         .                                
             04/26/2021 01:14 PM       .                                

       Senator Brodeur moved the following:
    1         Senate Amendment to Amendment (577214) (with title
    2  amendment)
    4         Delete lines 67 - 278
    5  and insert:
    6         Section 2. Paragraph (d) is added to subsection (1) of
    7  section 553.79, Florida Statutes, to read:
    8         553.79 Permits; applications; issuance; inspections.—
    9         (1)
   10         (d)A local government may not require a contract between a
   11  builder and an owner for the issuance of a building permit or as
   12  a requirement for the submission of a building permit
   13  application.
   14         Section 3. Present subsections (10) through (19) of section
   15  553.791, Florida Statutes, are redesignated as subsections (11)
   16  through (20), respectively, a new subsection (10) and subsection
   17  (21) are added to that section, and subsection (1), paragraph
   18  (b) of subsection (2), subsections (3), (4), and (6), paragraphs
   19  (b) and (d) of subsection (7), subsections (8) and (9), and
   20  present subsections (10), (11), (12), (14), and (15) are
   21  amended, to read:
   22         553.791 Alternative plans review and inspection.—
   23         (1) As used in this section, the term:
   24         (a) “Applicable codes” means the Florida Building Code and
   25  any local technical amendments to the Florida Building Code but
   26  does not include the applicable minimum fire prevention and
   27  firesafety codes adopted pursuant to chapter 633.
   28         (b) “Audit” means the process to confirm that the building
   29  code inspection services have been performed by the private
   30  provider, including ensuring that the required affidavit for the
   31  plan review has been properly completed and submitted with
   32  affixed to the permit documents and that the minimum mandatory
   33  inspections required under the building code have been performed
   34  and properly recorded. The local building official may not
   35  replicate the plan review or inspection being performed by the
   36  private provider, unless expressly authorized by this section.
   37         (c) “Building” means any construction, erection,
   38  alteration, demolition, or improvement of, or addition to, any
   39  structure or site work for which permitting by a local
   40  enforcement agency is required.
   41         (d) “Building code inspection services” means those
   42  services described in s. 468.603(5) and (8) involving the review
   43  of building plans as well as those services involving the review
   44  of site plans and site work engineering plans or their
   45  functional equivalent, to determine compliance with applicable
   46  codes and those inspections required by law, conducted either in
   47  person or virtually, of each phase of construction for which
   48  permitting by a local enforcement agency is required to
   49  determine compliance with applicable codes.
   50         (e) “Deliver” or “delivery” means any method of delivery
   51  used in conventional business or commercial practice, including
   52  delivery by electronic transmissions.
   53         (f) “Duly authorized representative” means an agent of the
   54  private provider identified in the permit application who
   55  reviews plans or performs inspections as provided by this
   56  section and who is licensed as an engineer under chapter 471 or
   57  as an architect under chapter 481 or who holds a standard
   58  certificate under part XII of chapter 468.
   59         (g)Electronically posted” means providing notices of
   60  decisions, results, or records, including inspection records,
   61  through the use of a website or other form of electronic
   62  communication used to transmit or display information.
   63         (h)“Electronic signature” means any letters, characters,
   64  or symbols manifested by electronic or similar means which are
   65  executed or adopted by a party with an intent to authenticate a
   66  writing or record.
   67         (i)“Electronic transmission” or “submitted electronically
   68  means any form or process of communication not directly
   69  involving the physical transfer of paper or another tangible
   70  medium which is suitable for the retention, retrieval, and
   71  reproduction of information by the recipient and is retrievable
   72  in paper form by the receipt through an automated process. All
   73  notices provided for in this section may be transmitted
   74  electronically and shall have the same legal effect as if
   75  physically posted or mailed.
   76         (j)(f) “Immediate threat to public safety and welfare”
   77  means a building code violation that, if allowed to persist,
   78  constitutes an immediate hazard that could result in death,
   79  serious bodily injury, or significant property damage. This
   80  paragraph does not limit the authority of the local building
   81  official to issue a Notice of Corrective Action at any time
   82  during the construction of a building project or any portion of
   83  such project if the official determines that a condition of the
   84  building or portion thereof may constitute a hazard when the
   85  building is put into use following completion as long as the
   86  condition cited is shown to be in violation of the building code
   87  or approved plans.
   88         (k)(g) “Local building official” means the individual
   89  within the governing jurisdiction responsible for direct
   90  regulatory administration or supervision of plans review,
   91  enforcement, and inspection of any construction, erection,
   92  alteration, demolition, or substantial improvement of, or
   93  addition to, any structure for which permitting is required to
   94  indicate compliance with applicable codes and includes any duly
   95  authorized designee of such person.
   96         (l)(h) “Permit application” means a properly completed and
   97  submitted application for the requested building or construction
   98  permit, including:
   99         1. The plans reviewed by the private provider.
  100         2. The affidavit from the private provider required under
  101  subsection (6).
  102         3. Any applicable fees.
  103         4. Any documents required by the local building official to
  104  determine that the fee owner has secured all other government
  105  approvals required by law.
  106         (m)(i) “Plans” means building plans, site engineering
  107  plans, or site plans, or their functional equivalent, submitted
  108  by a fee owner or fee owner’s contractor to a private provider
  109  or duly authorized representative for review.
  110         (n)(j) “Private provider” means a person licensed as a
  111  building code administrator under part XII of chapter 468, as an
  112  engineer under chapter 471, or as an architect under chapter
  113  481. For purposes of performing inspections under this section
  114  for additions and alterations that are limited to 1,000 square
  115  feet or less to residential buildings, the term “private
  116  provider” also includes a person who holds a standard
  117  certificate under part XII of chapter 468.
  118         (o)(k) “Request for certificate of occupancy or certificate
  119  of completion” means a properly completed and executed
  120  application for:
  121         1. A certificate of occupancy or certificate of completion.
  122         2. A certificate of compliance from the private provider
  123  required under subsection (12) (11).
  124         3. Any applicable fees.
  125         4. Any documents required by the local building official to
  126  determine that the fee owner has secured all other government
  127  approvals required by law.
  128         (p)“Single-trade inspection” means any inspection focused
  129  on a single construction trade, such as plumbing, mechanical, or
  130  electrical. The term includes, but is not limited to,
  131  inspections of door or window replacements; fences and block
  132  walls more than 6 feet high from the top of the wall to the
  133  bottom of the footing; stucco or plastering; reroofing with no
  134  structural alteration; HVAC replacements; ductwork or fan
  135  replacements; alteration or installation of wiring, lighting,
  136  and service panels; water heater changeouts; sink replacements;
  137  and repiping.
  138         (q)(l) “Site work” means the portion of a construction
  139  project that is not part of the building structure, including,
  140  but not limited to, grading, excavation, landscape irrigation,
  141  and installation of driveways.
  142         (r)(m) “Stop-work order” means the issuance of any written
  143  statement, written directive, or written order which states the
  144  reason for the order and the conditions under which the cited
  145  work will be permitted to resume.
  146         (2)
  147         (b) If an owner or contractor retains a private provider
  148  for purposes of plans review or building inspection services,
  149  the local jurisdiction must reduce the permit fee by the amount
  150  of cost savings realized by the local enforcement agency for not
  151  having to perform such services. Such reduction may be
  152  calculated on a flat fee or percentage basis, or any other
  153  reasonable means by which a local enforcement agency assesses
  154  the cost for its plans review or inspection services It is the
  155  intent of the Legislature that owners and contractors pay
  156  reduced fees related to building permitting requirements when
  157  hiring a private provider for plans review and building
  158  inspections. A local jurisdiction must calculate the cost
  159  savings to the local enforcement agency, based on a fee owner or
  160  contractor hiring a private provider to perform plans reviews
  161  and building inspections in lieu of the local building official,
  162  and reduce the permit fees accordingly. The local jurisdiction
  163  may not charge fees for building inspections if the fee owner or
  164  contractor hires a private provider to perform such services;
  165  however, the local jurisdiction may charge a reasonable
  166  administrative fee.
  167         (3) A private provider and any duly authorized
  168  representative may only perform building code inspection
  169  services that are within the disciplines covered by that
  170  person’s licensure or certification under chapter 468, chapter
  171  471, or chapter 481, including single-trade inspections. A
  172  private provider may not provide building code inspection
  173  services pursuant to this section upon any building designed or
  174  constructed by the private provider or the private provider’s
  175  firm.
  176         (4) A fee owner or the fee owner’s contractor using a
  177  private provider to provide building code inspection services
  178  shall notify the local building official in writing at the time
  179  of permit application, or by 2 p.m. local time, 2 business days
  180  before the first scheduled inspection by the local building
  181  official or building code enforcement agency that for a private
  182  provider has been contracted to perform the performing required
  183  inspections of construction under this section, including
  184  single-trade inspections, on a form to be adopted by the
  185  commission. This notice shall include the following information:
  186         (a) The services to be performed by the private provider.
  187         (b) The name, firm, address, telephone number, and e-mail
  188  address facsimile number of each private provider who is
  189  performing or will perform such services, his or her
  190  professional license or certification number, qualification
  191  statements or resumes, and, if required by the local building
  192  official, a certificate of insurance demonstrating that
  193  professional liability insurance coverage is in place for the
  194  private provider’s firm, the private provider, and any duly
  195  authorized representative in the amounts required by this
  196  section.
  198  ================= T I T L E  A M E N D M E N T ================
  199  And the title is amended as follows:
  200         Delete lines 768 - 773
  201  and insert:
  202         technical changes; amending s. 553.79, F.S.;
  203         prohibiting