Florida Senate - 2025                             CS for SB 1134
       
       
        
       By the Committee on Community Affairs; and Senator Calatayud
       
       
       
       
       
       578-02518-25                                          20251134c1
    1                        A bill to be entitled                      
    2         An act relating to alternative plans review and
    3         inspections; amending s. 553.791, F.S.; revising and
    4         defining terms; requiring that a notice of private
    5         inspection services specify whether any scheduled
    6         inspection by a private provider will be conducted
    7         virtually or in person; authorizing a private provider
    8         to use an automated or software-based plans review
    9         system designed to make specific determinations;
   10         revising the requirements needed for an affidavit from
   11         a private provider regarding his or her plans review;
   12         requiring the local building official to issue the
   13         requested permit or provide written notice of
   14         noncompliance within a specified timeframe for permits
   15         related to single-trade plans reviews for single
   16         family or two-family dwellings; reenacting ss.
   17         177.073(4)(a), 468.621(1)(i) and (j), 471.033(1)(l),
   18         481.225(1)(l), 553.79(11), and 553.80(7)(a), F.S.,
   19         relating to expedited approval of residential building
   20         permits before a final plat is recorded; disciplinary
   21         proceedings; disciplinary proceedings; disciplinary
   22         proceedings against registered architects; permits,
   23         applications, issuance, and inspections; and
   24         enforcement, respectively, to incorporate the
   25         amendment made to s. 553.791, F.S., in references
   26         thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (q) of subsection (1), subsections (5)
   31  and (6), paragraphs (a), (b), and (c) of subsection (7), and
   32  subsection (8) of section 553.791, Florida Statutes, are amended
   33  to read:
   34         553.791 Alternative plans review and inspection.—
   35         (1) As used in this section, the term:
   36         (q) “Single-trade inspection” or “single-trade plans
   37  review” means any inspection or plans review focused on a single
   38  construction trade, such as plumbing, mechanical, or electrical.
   39  The term includes, but is not limited to, inspections and plans
   40  reviews of door or window replacements; fences and block walls
   41  more than 6 feet high from the top of the wall to the bottom of
   42  the footing; stucco or plastering; reroofing with no structural
   43  alteration; HVAC replacements; ductwork or fan replacements;
   44  solar energy and energy storage installations or alterations;
   45  alteration or installation of wiring, lighting, and service
   46  panels; water heater changeouts; sink replacements; and
   47  repiping.
   48         (5) After construction has commenced and if the local
   49  building official is unable to provide inspection services in a
   50  timely manner, the fee owner or the fee owner’s contractor may
   51  elect to use a private provider to provide inspection services
   52  by notifying the local building official of the owner’s or
   53  contractor’s intention to do so by 2 p.m. local time, 2 business
   54  days before the next scheduled inspection using the notice
   55  provided for in paragraphs (4)(a)-(c). Such notice must specify
   56  whether any scheduled inspection will be conducted virtually or
   57  in person as provided in subsection (8).
   58         (6) A private provider performing plans review under this
   59  section shall review the plans to determine compliance with the
   60  applicable codes. For single-trade plans review, a private
   61  provider may use an automated or software-based plans review
   62  system designed to determine compliance with one or more
   63  applicable codes, such as the National Electrical Code. Upon
   64  determining that the plans reviewed comply with the applicable
   65  codes, the private provider shall prepare an affidavit or
   66  affidavits certifying, under oath, that the following is true
   67  and correct to the best of the private provider’s knowledge and
   68  belief:
   69         (a) The plans were reviewed by the affiant, who is duly
   70  authorized to perform plans review pursuant to this section and
   71  holds the appropriate license or certificate. The affiant must
   72  specify any automated or software-based plans review system used
   73  for such review.
   74         (b) The plans comply with the applicable codes.
   75  
   76  Such affidavit may bear a written or electronic signature and
   77  may be submitted electronically to the local building official.
   78         (7)(a) No more than 20 business days after receipt of a
   79  permit application and the affidavit from the private provider
   80  required pursuant to subsection (6), or if the permit is related
   81  to single-trade plans review for single-family or two-family
   82  dwellings, then no more than 5 business days after receipt of
   83  such permit application and affidavit, the local building
   84  official shall issue the requested permit or provide a written
   85  notice to the permit applicant identifying the specific plan
   86  features that do not comply with the applicable codes, as well
   87  as the specific code chapters and sections. If the local
   88  building official does not provide a written notice of the plan
   89  deficiencies within the prescribed 20-day period, the permit
   90  application shall be deemed approved as a matter of law, and the
   91  permit shall be issued by the local building official on the
   92  next business day.
   93         (b) If the local building official provides a written
   94  notice of plan deficiencies to the permit applicant within the
   95  prescribed 20-day or 5-day period, the 20-day period is shall be
   96  tolled pending resolution of the matter. To resolve the plan
   97  deficiencies, the permit applicant may elect to dispute the
   98  deficiencies pursuant to subsection (15) or to submit revisions
   99  to correct the deficiencies.
  100         (c) If the permit applicant submits revisions, the local
  101  building official has the remainder of the tolled 20-day period
  102  plus 5 business days from the date of resubmittal to issue the
  103  requested permit or to provide a second written notice to the
  104  permit applicant stating which of the previously identified plan
  105  features remain in noncompliance with the applicable codes, with
  106  specific reference to the relevant code chapters and sections.
  107  Any subsequent review by the local building official is limited
  108  to the deficiencies cited in the written notice. If the local
  109  building official does not provide the second written notice
  110  within the prescribed time period, the permit shall be deemed
  111  approved as a matter of law, and the local building official
  112  must issue the permit on the next business day.
  113         (8) A private provider performing required inspections
  114  under this section shall inspect each phase of construction as
  115  required by the applicable codes. Such inspection may be
  116  performed in person in-person or virtually, including single
  117  trade inspections. The private provider may have a duly
  118  authorized representative perform the required inspections,
  119  provided all required reports are prepared by and bear the
  120  written or electronic signature of the private provider or the
  121  private provider’s duly authorized representative. The duly
  122  authorized representative must be an employee of the private
  123  provider entitled to receive reemployment assistance benefits
  124  under chapter 443. The contractor’s contractual or legal
  125  obligations are not relieved by any action of the private
  126  provider.
  127         Section 2. For the purpose of incorporating the amendment
  128  made by this act to section 553.791, Florida Statutes, in a
  129  reference thereto, paragraph (a) of subsection (4) of section
  130  177.073, Florida Statutes, is reenacted to read:
  131         177.073 Expedited approval of residential building permits
  132  before a final plat is recorded.—
  133         (4)(a) An applicant may use a private provider pursuant to
  134  s. 553.791 to expedite the application process for building
  135  permits after a preliminary plat is approved under this section.
  136         Section 3. For the purpose of incorporating the amendment
  137  made by this act to section 553.791, Florida Statutes, in
  138  references thereto, paragraphs (i) and (j) of subsection (1) of
  139  section 468.621, Florida Statutes, are reenacted to read:
  140         468.621 Disciplinary proceedings.—
  141         (1) The following acts constitute grounds for which the
  142  disciplinary actions in subsection (2) may be taken:
  143         (i) Failing to lawfully execute the duties and
  144  responsibilities specified in this part and ss. 553.73, 553.781,
  145  553.79, and 553.791.
  146         (j) Performing building code inspection services under s.
  147  553.791 without satisfying the insurance requirements of that
  148  section.
  149         Section 4. For the purpose of incorporating the amendment
  150  made by this act to section 553.791, Florida Statutes, in a
  151  reference thereto, paragraph (l) of subsection (1) of section
  152  471.033, Florida Statutes, is reenacted to read:
  153         471.033 Disciplinary proceedings.—
  154         (1) The following acts constitute grounds for which the
  155  disciplinary actions in subsection (3) may be taken:
  156         (l) Performing building code inspection services under s.
  157  553.791, without satisfying the insurance requirements of that
  158  section.
  159         Section 5. For the purpose of incorporating the amendment
  160  made by this act to section 553.791, Florida Statutes, in a
  161  reference thereto, paragraph (l) of subsection (1) of section
  162  481.225, Florida Statutes, is reenacted to read:
  163         481.225 Disciplinary proceedings against registered
  164  architects.—
  165         (1) The following acts constitute grounds for which the
  166  disciplinary actions in subsection (3) may be taken:
  167         (l) Performing building code inspection services under s.
  168  553.791, without satisfying the insurance requirements of that
  169  section.
  170         Section 6. For the purpose of incorporating the amendment
  171  made by this act to section 553.791, Florida Statutes, in a
  172  reference thereto, subsection (11) of section 553.79, Florida
  173  Statutes, is reenacted to read:
  174         553.79 Permits; applications; issuance; inspections.—
  175         (11) Any state agency whose enabling legislation authorizes
  176  it to enforce provisions of the Florida Building Code may enter
  177  into an agreement with any other unit of government to delegate
  178  its responsibility to enforce those provisions and may expend
  179  public funds for permit and inspection fees, which fees may be
  180  no greater than the fees charged others. Inspection services
  181  that are not required to be performed by a state agency under a
  182  federal delegation of responsibility or by a state agency under
  183  the Florida Building Code must be performed under the
  184  alternative plans review and inspection process created in s.
  185  553.791 or by a local governmental entity having authority to
  186  enforce the Florida Building Code.
  187         Section 7. For the purpose of incorporating the amendment
  188  made by this act to section 553.791, Florida Statutes, in a
  189  reference thereto, paragraph (a) of subsection (7) of section
  190  553.80, Florida Statutes, is reenacted to read:
  191         553.80 Enforcement.—
  192         (7)(a) The governing bodies of local governments may
  193  provide a schedule of reasonable fees, as authorized by s.
  194  125.56(2) or s. 166.222 and this section, for enforcing this
  195  part. These fees, and any fines or investment earnings related
  196  to the fees, may only be used for carrying out the local
  197  government’s responsibilities in enforcing the Florida Building
  198  Code. When providing a schedule of reasonable fees, the total
  199  estimated annual revenue derived from fees, and the fines and
  200  investment earnings related to the fees, may not exceed the
  201  total estimated annual costs of allowable activities. Any
  202  unexpended balances must be carried forward to future years for
  203  allowable activities or must be refunded at the discretion of
  204  the local government. A local government may not carry forward
  205  an amount exceeding the average of its operating budget for
  206  enforcing the Florida Building Code for the previous 4 fiscal
  207  years. For purposes of this subsection, the term “operating
  208  budget” does not include reserve amounts. Any amount exceeding
  209  this limit must be used as authorized in subparagraph 2.
  210  However, a local government that established, as of January 1,
  211  2019, a Building Inspections Fund Advisory Board consisting of
  212  five members from the construction stakeholder community and
  213  carries an unexpended balance in excess of the average of its
  214  operating budget for the previous 4 fiscal years may continue to
  215  carry such excess funds forward upon the recommendation of the
  216  advisory board. The basis for a fee structure for allowable
  217  activities must relate to the level of service provided by the
  218  local government and must include consideration for refunding
  219  fees due to reduced services based on services provided as
  220  prescribed by s. 553.791, but not provided by the local
  221  government. Fees charged must be consistently applied.
  222         1. As used in this subsection, the phrase “enforcing the
  223  Florida Building Code” includes the direct costs and reasonable
  224  indirect costs associated with review of building plans,
  225  building inspections, reinspections, and building permit
  226  processing; building code enforcement; and fire inspections
  227  associated with new construction. The phrase may also include
  228  training costs associated with the enforcement of the Florida
  229  Building Code and enforcement action pertaining to unlicensed
  230  contractor activity to the extent not funded by other user fees.
  231         2. A local government must use any excess funds that it is
  232  prohibited from carrying forward to rebate and reduce fees, to
  233  upgrade technology hardware and software systems to enhance
  234  service delivery, to pay for the construction of a building or
  235  structure that houses a local government’s building code
  236  enforcement agency, or for training programs for building
  237  officials, inspectors, or plans examiners associated with the
  238  enforcement of the Florida Building Code. Excess funds used to
  239  construct such a building or structure must be designated for
  240  such purpose by the local government and may not be carried
  241  forward for more than 4 consecutive years. An owner or builder
  242  who has a valid building permit issued by a local government for
  243  a fee, or an association of owners or builders located in the
  244  state that has members with valid building permits issued by a
  245  local government for a fee, may bring a civil action against the
  246  local government that issued the permit for a fee to enforce
  247  this subparagraph.
  248         3. The following activities may not be funded with fees
  249  adopted for enforcing the Florida Building Code:
  250         a. Planning and zoning or other general government
  251  activities.
  252         b. Inspections of public buildings for a reduced fee or no
  253  fee.
  254         c. Public information requests, community functions,
  255  boards, and any program not directly related to enforcement of
  256  the Florida Building Code.
  257         d. Enforcement and implementation of any other local
  258  ordinance, excluding validly adopted local amendments to the
  259  Florida Building Code and excluding any local ordinance directly
  260  related to enforcing the Florida Building Code as defined in
  261  subparagraph 1.
  262         4. A local government must use recognized management,
  263  accounting, and oversight practices to ensure that fees, fines,
  264  and investment earnings generated under this subsection are
  265  maintained and allocated or used solely for the purposes
  266  described in subparagraph 1.
  267         5. The local enforcement agency, independent district, or
  268  special district may not require at any time, including at the
  269  time of application for a permit, the payment of any additional
  270  fees, charges, or expenses associated with:
  271         a. Providing proof of licensure under chapter 489;
  272         b. Recording or filing a license issued under this chapter;
  273         c. Providing, recording, or filing evidence of workers’
  274  compensation insurance coverage as required by chapter 440; or
  275         d. Charging surcharges or other similar fees not directly
  276  related to enforcing the Florida Building Code.
  277         Section 8. This act shall take effect July 1, 2025.