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, the20-dayperiod isshall be96 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 tolled20-dayperiod 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 personin-personor 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.