Florida Senate - 2025                                    SB 1474
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00247-25                                           20251474__
    1                        A bill to be entitled                      
    2         An act relating to private provider building
    3         inspection services; amending s. 468.605, F.S.;
    4         requiring that the Florida Building Code
    5         Administrators and Inspectors Board include a
    6         specified number of members who are private providers
    7         or who are employed by private provider firms; making
    8         technical changes; amending s. 553.74, F.S.; requiring
    9         that the Florida Building Commission include a
   10         specified number of members who are private providers
   11         or who are employed by private provider firms;
   12         requiring that the commission include a specified
   13         number of members who are licensed contractors that
   14         use private providers or private provider firms;
   15         encouraging the Private Provider Association of
   16         Florida to recommend a list of candidates for
   17         consideration; amending s. 553.791, F.S.; revising and
   18         defining terms; requiring that building code
   19         inspection services provided by a private provider be
   20         the subject of an agreement, rather than a written
   21         contract, between the provider or provider’s firm and
   22         the fee owner or fee owner’s contractor; requiring
   23         that the reduced permit fee not exceed the cost
   24         incurred by the local jurisdiction, including labor
   25         and personnel costs; prohibiting a local jurisdiction
   26         from charging additional fees for building inspections
   27         if the fee owner or contractor hires a private
   28         provider to perform such services; deleting a
   29         provision authorizing a local jurisdiction to charge
   30         specified administrative fees; requiring a local
   31         jurisdiction to immediately provide a private
   32         provider, owner, and contractor equal access to all
   33         permitting and inspection documents and reports if
   34         such access is provided by software that protects
   35         exempt records from disclosure; revising the
   36         information a fee owner or a fee owner’s contractor
   37         must provide to a local building official; revising
   38         conditions under which a fee owner or fee owner’s
   39         contractor is authorized to use a private provider to
   40         provide inspection services; revising the timeframe
   41         within which a fee owner or a fee owner’s contractor
   42         must notify the local building official of the owner’s
   43         or contractor’s intention to use a private provider;
   44         prohibiting a local building official from performing
   45         specified reviews of plans, drawings, or other related
   46         documents determined by a private provider to be in
   47         compliance with applicable codes; deleting a provision
   48         requiring a local building official to issue a
   49         requested permit or provide a specified notice within
   50         a certain timeframe; authorizing a local building
   51         official to review certain forms and documents only
   52         for completeness; requiring a local building official
   53         to send written notice of incomplete forms or
   54         documents within a specified timeframe; providing that
   55         a permit is deemed approved as a matter of law, and
   56         requiring the local building official to issue the
   57         permit by the next business day, if the local building
   58         official fails to provide a specified notice within a
   59         specified timeframe; requiring that a duly authorized
   60         representative be managed, rather than employed, by a
   61         private provider to receive specified benefits;
   62         deleting a requirement that a private provider
   63         performing required inspections provide notice to the
   64         local building official of the approximate date and
   65         time of specified inspections; deleting a provision
   66         prohibiting a local building official from preventing
   67         a private provider from performing any inspection
   68         outside a certain timeframe; deleting a provision
   69         authorizing a local building official to visit a
   70         building site as often as necessary to verify that a
   71         private provider is performing required inspections;
   72         deleting a provision authorizing a building department
   73         to satisfy a requirement that a certain deficiency
   74         notice be posted; revising the reinspection fees that
   75         a local jurisdiction is prohibited from charging;
   76         prohibiting a local building official from visiting a
   77         job site without written approval from the private
   78         provider doing the work on the site; providing that a
   79         local building official is not responsible for the
   80         regulatory administration or supervision of building
   81         code inspection services performed by a private
   82         provider; requiring that a private provider who is, or
   83         private provider firm that employs a person licensed
   84         as, a licensed building code administrator serve as
   85         the local building official for such building code
   86         inspection services; providing that such private
   87         providers or private provider firms are vested with
   88         the authority of the local building official with
   89         respect to certain inspection services; prohibiting a
   90         local building official from interfering with the
   91         actions or activities of such private providers or
   92         private provider firms; providing that verification of
   93         certain licensure and insurance requirements for a
   94         private provider firm’s duly authorized representative
   95         is the responsibility of the private provider firm’s
   96         management; providing that a local building official
   97         is not required to verify compliance or store
   98         information of such verification; deleting a
   99         requirement that the local building official, under
  100         certain circumstances, issue a permit within a
  101         specified timeframe; revising a provision authorizing
  102         a private provider to perform emergency inspection
  103         services; requiring a private provider to record
  104         specified inspections on forms provided by the Florida
  105         Building Commission, rather than on forms acceptable
  106         to the local building official; revising the timeframe
  107         within which a private provider must provide an
  108         inspection record to the local building official;
  109         providing that a private provider is not required to
  110         upload notices or inspection results to a website or
  111         portal; revising the timeframe within which a local
  112         building official may waive the requirement to provide
  113         a record of each inspection record; requiring a
  114         private provider to prepare a certificate of
  115         compliance on a form provided by the commission,
  116         rather than on a form acceptable to the local building
  117         official; prohibiting a local building official from
  118         performing building inspections of construction that a
  119         private provider has determined to be compliant with
  120         applicable codes; authorizing a local building
  121         official to review specified forms and documents only
  122         for completeness; revising the timeframe within which
  123         a local building official must provide an applicant
  124         with a written certificate of occupancy or certificate
  125         of completion; authorizing a local building official
  126         to deny a permit or a request for a certificate of
  127         occupancy or a certificate of completion if required
  128         forms or documents are incomplete; deleting a
  129         provision authorizing a local enforcement agency, a
  130         local building official, or a local government to
  131         establish a system of registration to verify
  132         compliance with specified licensure and insurance
  133         requirements for duly authorized representatives;
  134         revising the authority of a local building official to
  135         issue a stop-work order for a building project or any
  136         portion thereof; revising a prohibition against the
  137         auditing by a local building code enforcement agency
  138         of the performance of building code inspection
  139         services by certain private providers; deleting an
  140         exception to the limit on the number of times in a
  141         year that a private provider or private provider firm
  142         may be audited; requiring that a private provider or
  143         private provider firm be given notice within a
  144         specified timeframe before being audited; prohibiting
  145         local governments, officials, and personnel from
  146         prohibiting or discouraging the use of a private
  147         provider or a private provider firm; providing that
  148         local governments, officials, and personnel are not
  149         immune from liability for such prohibition or
  150         discouragement or for violations of law or applicable
  151         codes; providing that a person or a party may bring an
  152         action for damages, declaratory and injunctive relief,
  153         and the issuance of extraordinary writs remedies for
  154         such violations; authorizing a private provider
  155         licensed as a building code administrator to serve as
  156         the local building official; authorizing such private
  157         providers to issue building permits; requiring that
  158         all information from a private provider be provided to
  159         the property appraiser for the county or the
  160         jurisdiction; requiring that drawings be delivered in
  161         their original electronic format; requiring that
  162         permits be publicly available and that their status be
  163         available on the Private Provider Association of
  164         Florida website for specified purposes; authorizing
  165         the Private Provider Association of Florida, or a
  166         similar nonprofit association, to require a fee or
  167         subscription to upload such information to its website
  168         or to use an applications programming interface;
  169         requiring a private provider to update such
  170         information within a specified timeframe under certain
  171         circumstances; requiring that the format of private
  172         provider permits meet a specified standard and include
  173         specified information; providing legislative intent;
  174         requiring that the permitting process be universally
  175         adopted as a standard for this state; prohibiting
  176         local building officials and governments from
  177         adopting, creating, or using certain forms;
  178         prohibiting the use of custom procedures or standards;
  179         authorizing the commission to implement such
  180         permitting processes and review them for consistency
  181         and relevance within a specified timeframe; making a
  182         technical change; reenacting s. 633.216(6), F.S.,
  183         relating to inspection of buildings and equipment,
  184         orders, firesafety inspection training requirements,
  185         certification, and disciplinary action, to incorporate
  186         the amendment made to s. 468.605, F.S., in a reference
  187         thereto; reenacting ss. 177.073(1)(c), 468.603(9),
  188         468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l),
  189         553.79(11), and 553.80(7)(a), F.S., relating to
  190         expedited approval of residential building permits
  191         before a final plat is recorded; definitions;
  192         disciplinary proceedings against building code
  193         administrators and inspectors; disciplinary
  194         proceedings against licensed engineers; disciplinary
  195         proceedings against registered architects; permits,
  196         applications, issuance, and inspections; and
  197         enforcement, respectively, to incorporate the
  198         amendment made to s. 553.791, F.S., in references
  199         thereto; providing an effective date.
  200          
  201  Be It Enacted by the Legislature of the State of Florida:
  202  
  203         Section 1. Subsection (2) of section 468.605, Florida
  204  Statutes, is amended to read:
  205         468.605 Florida Building Code Administrators and Inspectors
  206  Board.—
  207         (2) The board shall consist of nine members, as follows:
  208         (a) One member who is an architect licensed pursuant to
  209  chapter 481, an engineer licensed pursuant to chapter 471, or a
  210  contractor licensed pursuant to chapter 489.
  211         (b) Two members serving as building code administrators,
  212  one of whom must be a private provider as defined in s. 553.791
  213  or be employed by a private provider firm as defined in s.
  214  553.791.
  215         (c) Two members serving as building code inspectors, one of
  216  whom must be a private provider as defined in s. 553.791 or be
  217  employed by a private provider firm as defined in s. 553.791.
  218         (d) One member serving as a plans examiner.
  219         (e) One member who is a representative of a city or a
  220  charter county.
  221         (f) Two consumer members who are not, and have never been,
  222  members of a profession regulated under this part, chapter 481,
  223  chapter 471, or chapter 489. One of the consumer members must be
  224  a person with a disability or a representative of an
  225  organization which represents persons with disabilities.
  226  
  227  None of The board members described in paragraph (a) or
  228  paragraph (f) may not be an employee of a municipal, county, or
  229  state governmental agency.
  230         Section 2. Subsection (1) of section 553.74, Florida
  231  Statutes, is amended to read:
  232         553.74 Florida Building Commission.—
  233         (1) The Florida Building Commission is created and located
  234  within the Department of Business and Professional Regulation
  235  for administrative purposes. Members are appointed by the
  236  Governor subject to confirmation by the Senate. The commission
  237  is composed of 23 19 members, consisting of the following
  238  members:
  239         (a) One architect licensed pursuant to chapter 481 with at
  240  least 5 years of experience in the design and construction of
  241  buildings designated for Group E or Group I occupancies by the
  242  Florida Building Code. The American Institute of Architects,
  243  Florida Section, is encouraged to recommend a list of candidates
  244  for consideration.
  245         (b) One structural engineer registered to practice in this
  246  state and actively engaged in the profession. The Florida
  247  Engineering Society is encouraged to recommend a list of
  248  candidates for consideration.
  249         (c) One air-conditioning contractor, mechanical contractor,
  250  or mechanical engineer certified to do business in this state
  251  and actively engaged in the profession. The Florida Air
  252  Conditioning Contractors Association, the Florida Refrigeration
  253  and Air Conditioning Contractors Association, the Mechanical
  254  Contractors Association of Florida, and the Florida Engineering
  255  Society are encouraged to recommend a list of candidates for
  256  consideration.
  257         (d) One electrical contractor or electrical engineer
  258  certified to do business in this state and actively engaged in
  259  the profession. The Florida Association of Electrical
  260  Contractors; the National Electrical Contractors Association,
  261  Florida Chapter; and the Florida Engineering Society are
  262  encouraged to recommend a list of candidates for consideration.
  263         (e) One certified general contractor or one certified
  264  building contractor certified to do business in this state and
  265  actively engaged in the profession. The Associated Builders and
  266  Contractors of Florida, the Florida Associated General
  267  Contractors Council, the Florida Home Builders Association, and
  268  the Union Contractors Association are encouraged to recommend a
  269  list of candidates for consideration.
  270         (f) One plumbing contractor licensed to do business in this
  271  state and actively engaged in the profession. The Florida
  272  Association of Plumbing, Heating, and Cooling Contractors is
  273  encouraged to recommend a list of candidates for consideration.
  274         (g) One roofing or sheet metal contractor certified to do
  275  business in this state and actively engaged in the profession.
  276  The Florida Roofing, Sheet Metal, and Air Conditioning
  277  Contractors Association and the Sheet Metal and Air Conditioning
  278  Contractors’ National Association are encouraged to recommend a
  279  list of candidates for consideration.
  280         (h) One certified residential contractor licensed to do
  281  business in this state and actively engaged in the profession.
  282  The Florida Home Builders Association is encouraged to recommend
  283  a list of candidates for consideration.
  284         (i) Three members who are municipal, county, or district
  285  codes enforcement officials, one of whom is also a fire
  286  official. The Building Officials Association of Florida and the
  287  Florida Fire Marshals and Inspectors Association are encouraged
  288  to recommend a list of candidates for consideration.
  289         (j) One member of a Florida-based organization of persons
  290  with disabilities or a nationally chartered organization of
  291  persons with disabilities with chapters in this state which
  292  complies with or is certified to be compliant with the
  293  requirements of the Americans with Disabilities Act of 1990, as
  294  amended.
  295         (k) One member of the manufactured buildings industry who
  296  is licensed to do business in this state and is actively engaged
  297  in the industry. The Florida Manufactured Housing Association is
  298  encouraged to recommend a list of candidates for consideration.
  299         (l) One member of the building products manufacturing
  300  industry who is authorized to do business in this state and is
  301  actively engaged in the industry. The Florida Building Material
  302  Association, the Florida Concrete and Products Association, and
  303  the Fenestration Manufacturers Association are encouraged to
  304  recommend a list of candidates for consideration.
  305         (m) One member who is a representative of the building
  306  owners and managers industry who is actively engaged in
  307  commercial building ownership or management. The Building Owners
  308  and Managers Association is encouraged to recommend a list of
  309  candidates for consideration.
  310         (n) One member who is a representative of the insurance
  311  industry. The Florida Insurance Council is encouraged to
  312  recommend a list of candidates for consideration.
  313         (o) One member who is a swimming pool contractor licensed
  314  to do business in this state and actively engaged in the
  315  profession. The Florida Swimming Pool Association and the United
  316  Pool and Spa Association are encouraged to recommend a list of
  317  candidates for consideration.
  318         (p) The Chief Resilience Officer or his or her designee.
  319         (q) One member who is a representative of a natural gas
  320  distribution system and who is actively engaged in the
  321  distribution of natural gas in this state. The Florida Natural
  322  Gas Association is encouraged to recommend a list of candidates
  323  for consideration.
  324         (r) Two members who are private providers as defined in s.
  325  553.791 or who are employed by private provider firms as defined
  326  in s. 553.791. The Private Provider Association of Florida is
  327  encouraged to recommend a list of candidates for consideration.
  328         (s) Two members who are licensed contractors as defined in
  329  s. 489.105(3) and who utilize private providers as defined in s.
  330  553.791 or private provider firms as defined in s. 553.791 for
  331  inspections or plan reviews. The Private Provider Association of
  332  Florida is encouraged to recommend a list of candidates for
  333  consideration.
  334         Section 3. New subsections (21) and (22) are added to
  335  section 553.791, Florida Statutes, and subsections (1), (2),
  336  (4), (5), (7) through (10), present subparagraphs (11) through
  337  (15), paragraphs (b) and (c) of present subsection (17), and
  338  present subsections (20), (21), and (22) of that section are
  339  amended, to read:
  340         553.791 Alternative plans review and inspection.—
  341         (1) As used in this section, the term:
  342         (a) “Applicable codes” means the Florida Building Code and
  343  any local technical amendments to the Florida Building Code but
  344  does not include the applicable minimum fire prevention and
  345  firesafety codes adopted pursuant to chapter 633.
  346         (b) “Audit” means the process to confirm that the building
  347  code inspection services have been performed by the private
  348  provider, including ensuring that the required affidavit for the
  349  plan review has been properly completed and submitted with the
  350  permit documents and that the minimum mandatory inspections
  351  required under the building code have been performed and
  352  properly recorded. The local building official may not replicate
  353  the plan review or inspection being performed by the private
  354  provider, unless expressly authorized by this section.
  355         (c) “Building” means any construction, erection,
  356  alteration, demolition, or improvement of, or addition to, any
  357  structure or site work for which permitting by a local
  358  enforcement agency is required.
  359         (c)(d) “Building code inspection services” means those
  360  services described in s. 468.603(5) and (8) involving the review
  361  of building plans as well as those services involving the review
  362  of site plans and site work engineering plans or their
  363  functional equivalent, to determine compliance with applicable
  364  codes and those inspections required by law, conducted either in
  365  person or virtually, of each phase of construction for which
  366  permitting by a local enforcement agency is required to
  367  determine compliance with applicable codes.
  368         (d) “Building official” means a local building official or
  369  a private provider who holds a building code administrator
  370  license.
  371         (e) Commission” means the Florida Building Commission.
  372         (f) “Deliver” or “delivery” means any method of delivery
  373  used in conventional business or commercial practice, including
  374  delivery by electronic transmissions such as e-mail or any other
  375  form of electronic communication used to transmit information.
  376         (g)(f) “Duly authorized representative” means an agent of
  377  the private provider identified in the permit application who
  378  reviews plans or performs inspections as provided by this
  379  section and who is licensed as an engineer under chapter 471 or
  380  as an architect under chapter 481 or who holds a standard or
  381  provisional certificate under part XII of chapter 468. A duly
  382  authorized representative who only holds a provisional
  383  certificate under part XII of chapter 468 must be under the
  384  direct supervision of a person licensed as a building code
  385  administrator under part XII of chapter 468.
  386         (h)(g) “Electronic signature” means any letters,
  387  characters, or symbols manifested by electronic or similar means
  388  which are executed or adopted by a party with an intent to
  389  authenticate a writing or record.
  390         (i)(h) “Electronic transmission” or “submitted
  391  electronically” means any form or process of communication not
  392  directly involving the physical transfer of paper or another
  393  tangible medium which is suitable for the retention, retrieval,
  394  and reproduction of information by the recipient and is
  395  retrievable in paper form by the receipt through an automated
  396  process. All notices provided for in this section may be
  397  transmitted electronically and shall have the same legal effect
  398  as if physically posted or mailed.
  399         (j)(i) “Electronically posted” means providing notices of
  400  decisions, results, or records, including inspection records,
  401  through the use of a website or other form of electronic
  402  communication used to transmit or display information.
  403         (k) “Form” means any document or record that has been
  404  adopted by the commission.
  405         (l)(j) “Immediate threat to public safety and welfare”
  406  means a building code violation that, if allowed to persist,
  407  constitutes an immediate hazard that could result in death,
  408  serious bodily injury, or significant property damage. This
  409  paragraph does not limit the authority of the local building
  410  official to issue a Notice of Corrective Action at any time
  411  during the construction of a building project or any portion of
  412  such project if the official determines that a condition of the
  413  building or portion thereof may constitute a hazard when the
  414  building is put into use following completion as long as the
  415  condition cited is shown to be in violation of the building code
  416  or approved plans.
  417         (m)(k) “Local building official” means the individual
  418  within the governing jurisdiction responsible for direct
  419  regulatory administration or supervision of plans review,
  420  enforcement, and inspection of any construction, erection,
  421  alteration, demolition, or substantial improvement of, or
  422  addition to, any structure for which permitting is required to
  423  indicate compliance with applicable codes and includes any duly
  424  authorized designee of such person.
  425         (n) “Management” means the individuals or entities within a
  426  private provider firm which are duly authorized to oversee,
  427  direct, and make decisions on behalf of the firm in the conduct
  428  of building inspection and building inspection-related services.
  429  Such individuals or entities may include, but are not limited
  430  to, the following:
  431         1. Executive officers who hold senior positions within the
  432  firm, such as the president, chief executive officer, chief
  433  operating officer, chief financial officer, or other designated
  434  executive who is responsible for the overall strategic direction
  435  and operational management of the firm.
  436         2. Authorized representatives who have been officially
  437  designated by the executive officers to act on behalf of the
  438  private provider firm. An authorized representative must have
  439  documented authorization to submit inspection reports,
  440  correspond with regulatory authorities, and perform other
  441  necessary duties as required by law or by contractual
  442  obligation.
  443         3. Licensed professionals who hold the requisite
  444  professional licenses and are employed by the private provider
  445  firm to carry out building code inspection services. Licensed
  446  professionals are authorized to prepare, review, and certify
  447  documents related to their scope of work.
  448         (o) “Notice” means the submission, including submission by
  449  electronic transmission, of any document, form, report, or
  450  correspondence by a private provider firm to a local building
  451  official. All notice provided for in this section shall have the
  452  same legal effect as if physically posted or mailed.
  453         (p)(l) “Permit application” means a properly completed and
  454  submitted application for the requested building or construction
  455  permit, including:
  456         1. The plans reviewed by the private provider.
  457         2. The affidavit from the private provider required under
  458  subsection (6).
  459         3. Any applicable fees.
  460         4. Any documents required by the local building official to
  461  determine that the fee owner has secured all other government
  462  approvals required by law.
  463         (q)(m) “Plans” means building plans, site engineering
  464  plans, or site plans, or their functional equivalent, submitted
  465  by a fee owner or fee owner’s contractor to a private provider
  466  or duly authorized representative for review.
  467         (r)(n) “Private provider” means a person licensed as a
  468  building code administrator under part XII of chapter 468, as an
  469  engineer under chapter 471, or as an architect under chapter
  470  481. For purposes of performing inspections under this section
  471  for additions and alterations that are limited to 1,000 square
  472  feet or less to residential buildings, the term “private
  473  provider” also includes a person who holds a standard
  474  certificate under part XII of chapter 468.
  475         (s)(o) “Private provider firm” means a business
  476  organization, including a corporation, partnership, business
  477  trust, or other legal entity, which offers services under this
  478  chapter to the public through licensees who are acting as
  479  agents, employees, officers, or partners of the firm. A person
  480  who is licensed as a building code administrator under part XII
  481  of chapter 468, an engineer under chapter 471, or an architect
  482  under chapter 481 may act as a private provider for an agent,
  483  employee, or officer of the private provider firm.
  484         (t)(p) “Request for certificate of occupancy or certificate
  485  of completion” means a properly completed and executed
  486  application for:
  487         1. A certificate of occupancy or certificate of completion.
  488         2. A certificate of compliance from the private provider
  489  required under subsection (13).
  490         3. Any applicable fees.
  491         4. Any documents required by the local building official to
  492  determine that the fee owner has secured all other government
  493  approvals required by law.
  494         (u)(q) “Single-trade inspection” means any inspection
  495  focused on a single construction trade, such as plumbing,
  496  mechanical, or electrical. The term includes, but is not limited
  497  to, inspections of door or window replacements; fences and block
  498  walls more than 6 feet high from the top of the wall to the
  499  bottom of the footing; stucco or plastering; reroofing with no
  500  structural alteration; HVAC replacements; ductwork or fan
  501  replacements; alteration or installation of wiring, lighting,
  502  and service panels; water heater changeouts; sink replacements;
  503  and repiping.
  504         (v)(r) “Site work” means the portion of a construction
  505  project that is not part of the building structure, including,
  506  but not limited to, grading, excavation, landscape irrigation,
  507  and installation of driveways.
  508         (w)(s) “Stop-work order” means the issuance of any written
  509  statement, written directive, or written order which states the
  510  reason for the order and the conditions under which the cited
  511  work will be permitted to resume.
  512         (x) “System of registration” means the system used to
  513  verify compliance with the licensure and insurance requirements
  514  for a private provider firm under this chapter.
  515         (2)(a) Notwithstanding any other law or local government
  516  ordinance or local policy, the fee owner of a building or
  517  structure, or the fee owner’s contractor upon written
  518  authorization from the fee owner, may choose to use a private
  519  provider to provide building code inspection services with
  520  regard to such building or structure and may make payment
  521  directly to the private provider for the provision of such
  522  services. All such services shall be the subject of an agreement
  523  a written contract between the private provider, or the private
  524  provider’s firm, and the fee owner or the fee owner’s
  525  contractor, upon written authorization of the fee owner. The fee
  526  owner may elect to use a private provider to provide plans
  527  review or required building inspections, or both. However, if
  528  the fee owner or the fee owner’s contractor uses a private
  529  provider to provide plans review, the local building official,
  530  in his or her discretion and pursuant to duly adopted policies
  531  of the local enforcement agency, may require the fee owner or
  532  the fee owner’s contractor to use a private provider to also
  533  provide required building inspections.
  534         (b) If an owner or a contractor retains a private provider
  535  for purposes of plans review or building inspection services,
  536  the local jurisdiction must reduce the permit fee by the amount
  537  of cost savings realized by the local enforcement agency for not
  538  having to perform such services. Such reduction may be
  539  calculated on a flat fee or percentage basis, or any other
  540  reasonable means by which a local enforcement agency assesses
  541  the cost for its plans review or inspection services. The
  542  reduced permit fee may not exceed the cost incurred by the local
  543  jurisdiction, including the labor cost of the personnel
  544  providing such services, as well as the clerical and supervisory
  545  assistance required to comply with this section. The local
  546  jurisdiction may not charge any additional fees for building
  547  inspections if the fee owner or contractor hires a private
  548  provider to perform such services; however, the local
  549  jurisdiction may charge a reasonable administrative fee, which
  550  shall be based on the cost that is actually incurred, including
  551  the labor cost of the personnel providing the service, by the
  552  local jurisdiction or attributable to the local jurisdiction for
  553  the clerical and supervisory assistance required, or both.
  554         (c) If an owner or a contractor retains a private provider
  555  for purposes of plans review or building inspection services,
  556  the local jurisdiction must immediately provide equal access to
  557  all permitting and inspection documents and reports to the
  558  private provider, owner, and contractor if such access is
  559  provided by software that protects exempt records from
  560  disclosure.
  561         (4) A fee owner or the fee owner’s contractor using a
  562  private provider to provide building code inspection services
  563  shall notify the local building official in writing at the time
  564  of permit application, or by 2 p.m. local time, 2 business days
  565  before the first scheduled inspection by the local building
  566  official or building code enforcement agency that a private
  567  provider has been contracted to perform the required inspections
  568  of construction under this section, including single-trade
  569  inspections, on a form to be adopted by the commission. This
  570  notice shall include the following information:
  571         (a) The services to be performed by the private provider.
  572         (b) The name, firm, address, telephone number, and e-mail
  573  address of each private provider who is performing or will
  574  perform such services, his or her professional license or
  575  certification number, qualification statements or resumes, and,
  576  if required by the local building official, a certificate of
  577  insurance demonstrating that professional liability insurance
  578  coverage is in place for the private provider’s firm, the
  579  private provider, and any duly authorized representative in the
  580  amounts required by this section.
  581         (c) An acknowledgment from the fee owner or the fee owner’s
  582  contractor in substantially the following form:
  583  
  584         I have elected to use one or more private providers to
  585         provide building code plans review and/or inspection
  586         services on the building or structure that is the
  587         subject of the enclosed permit application, as
  588         authorized by s. 553.791, Florida Statutes. I
  589         understand that the local building official may not
  590         review the plans submitted or perform the required
  591         building inspections to determine compliance with the
  592         applicable codes, except to the extent specified in
  593         said law. Instead, plans review and/or required
  594         building inspections will be performed by licensed or
  595         certified personnel identified in the application. The
  596         law requires minimum insurance requirements for such
  597         personnel, but I understand that I may require more
  598         insurance to protect my interests. By executing this
  599         form, I acknowledge that I have made inquiry regarding
  600         the competence of the licensed or certified personnel
  601         and the level of their insurance and am satisfied that
  602         my interests are adequately protected. I agree to
  603         indemnify, defend, and hold harmless the local
  604         government, the local building official, and their
  605         building code enforcement personnel from any and all
  606         claims arising from my use of these licensed or
  607         certified personnel to perform building code
  608         inspection services with respect to the building or
  609         structure that is the subject of the enclosed permit
  610         application.
  611  
  612  If the fee owner or the fee owner’s contractor makes any changes
  613  to the listed private providers or the services to be provided
  614  by those private providers, the fee owner or the fee owner’s
  615  contractor shall, within 1 business day after any change or
  616  within 2 business days before the next scheduled inspection,
  617  update the notice to reflect such changes. A change of a duly
  618  authorized representative named in the permit application does
  619  not require a revision of the permit, and the building code
  620  enforcement agency shall not charge a fee for making the change.
  621         (5) After construction has commenced and if the local
  622  building official is unable to provide inspection services in a
  623  timely manner, the fee owner or the fee owner’s contractor may
  624  elect to use a private provider to provide inspection services
  625  by notifying the local building official of the owner’s or
  626  contractor’s intention to do so by 2 p.m. local time, 2 business
  627  days before the next scheduled inspection using the notice
  628  provided for in paragraphs (4)(a)-(c).
  629         (7)(a) The local building official may not perform reviews
  630  of plans, construction drawings, or any other related documents
  631  determined by a private provider to be compliant with the
  632  applicable codes No more than 20 business days after receipt of
  633  a permit application and the affidavit from the private provider
  634  required pursuant to subsection (6), the local building official
  635  shall issue the requested permit or provide a written notice to
  636  the permit applicant identifying the specific plan features that
  637  do not comply with the applicable codes, as well as the specific
  638  code chapters and sections. If the local building official does
  639  not provide a written notice of the plan deficiencies within the
  640  prescribed 20-day period, the permit application shall be deemed
  641  approved as a matter of law, and the permit shall be issued by
  642  the local building official on the next business day.
  643         (b) The local building official may review other forms and
  644  documents required under this section for completeness only. The
  645  local building official must provide written notice of any
  646  incomplete forms or documents required under this section no
  647  later than 10 days after receipt of a permit application and an
  648  affidavit from the private provider as required in subsection
  649  (6). If the local building official does not provide the written
  650  notice within the prescribed 10-day period, the permit shall be
  651  deemed approved as a matter of law, and the local building
  652  official must issue the permit on the next business day.
  653         (c) If the local building official provides a written
  654  notice of any incomplete forms or documents required under this
  655  section at the time of plan submission plan deficiencies to the
  656  permit applicant within the prescribed 10-day 20-day period, the
  657  10-day 20-day period shall be tolled pending resolution of the
  658  matter. To resolve the issues raised in the notice plan
  659  deficiencies, the permit applicant may elect to dispute the
  660  issues deficiencies pursuant to subsection (15) or to submit
  661  revisions to correct the issues deficiencies.
  662         (d)(c) If the permit applicant submits revisions, the local
  663  building official has the remainder of the tolled 10-day 20-day
  664  period plus 5 business days from the date of resubmittal to
  665  issue the requested permit or to provide a second written notice
  666  to the permit applicant stating which of the previously
  667  identified forms or documents plan features remain incomplete in
  668  noncompliance with the applicable codes, with specific reference
  669  to the relevant code chapters and sections. Any subsequent
  670  review by the local building official is limited to the issues
  671  deficiencies cited in the original written notice. If the local
  672  building official does not provide the second written notice
  673  within the prescribed time period, the permit shall be deemed
  674  approved as a matter of law, and the local building official
  675  must issue the permit on the next business day.
  676         (e)(d) If the local building official provides a second
  677  written notice of plan deficiencies to the permit applicant
  678  within the prescribed time period, the permit applicant may
  679  elect to dispute the issues raised in the second notice pursuant
  680  to subsection (15) deficiencies pursuant to subsection (15) or
  681  to submit additional revisions to correct the issues
  682  deficiencies. For all revisions submitted after the first
  683  revision, the local building official has an additional 5
  684  business days from the date of resubmittal to issue the
  685  requested permit or to provide a written notice to the permit
  686  applicant stating which of the previously identified forms or
  687  documents plan features remain incomplete. in noncompliance If
  688  the local building official does not provide the notice within
  689  the prescribed time period, the permit shall be deemed approved
  690  as a matter of law, and the local building official must issue
  691  the permit on the next business day with the applicable codes,
  692  with specific reference to the relevant code chapters and
  693  sections.
  694         (8) A private provider performing required inspections
  695  under this section shall inspect each phase of construction as
  696  required by the applicable codes. Such inspection may be
  697  performed in-person or virtually. The private provider may have
  698  a duly authorized representative perform the required
  699  inspections, provided all required reports are prepared by and
  700  bear the written or electronic signature of the private provider
  701  or the private provider’s duly authorized representative. The
  702  duly authorized representative must be managed by an employee of
  703  the private provider and be entitled to receive reemployment
  704  assistance benefits under chapter 443. The contractor’s
  705  contractual or legal obligations are not relieved by any action
  706  of the private provider.
  707         (9) A private provider performing required inspections
  708  under this section shall provide notice to the local building
  709  official of the approximate date and time of any such
  710  inspection. The local building official may not prohibit the
  711  private provider from performing any inspection outside the
  712  local building official’s normal operating hours, including
  713  after hours, weekends, or holidays. The local building official
  714  may visit the building site as often as necessary to verify that
  715  the private provider is performing all required inspections. A
  716  deficiency notice must be posted by the private provider, or the
  717  duly authorized representative of the private provider, or the
  718  building department whenever a noncomplying item related to the
  719  building code or the permitted documents is found. Such notice
  720  may be physically posted at the job site or electronically
  721  posted. After corrections are made, the item must be reinspected
  722  by the private provider or its representative before being
  723  concealed. Reinspection or reaudit fees shall not be charged by
  724  The local jurisdiction may not charge any fees related to the
  725  reinspection or any other administrative matter related to the
  726  reinspection. The local building official may not visit the job
  727  site without written approval from the private provider as a
  728  result of the local jurisdiction’s audit inspection occurring
  729  before the performance of the private provider’s inspection or
  730  for any other administrative matter not involving the detection
  731  of a violation of the building code or a permit requirement.
  732         (10) A local building official is not responsible for the
  733  regulatory administration or supervision of building code
  734  inspection services performed by a private provider hired by a
  735  fee owner or a fee owner’s contractor. A private provider who
  736  is, or a private provider firm that employs a person licensed
  737  as, a building code administrator under part XII of chapter 468,
  738  shall serve as the local building official with respect to such
  739  building code inspection services. Such individuals and entities
  740  shall be vested with the authority of a local building official
  741  with respect to such services, including, without limitation,
  742  the authority to ensure compliance with applicable laws, rules,
  743  regulations, and codes; the authority to communicate and
  744  interact directly with public or government building officials
  745  and utility and other service providers; the authority to submit
  746  forms and documents to such officials and entities and to
  747  authorize the connection and disconnection of utility services;
  748  and the authority to otherwise take all actions that permit or
  749  require action or authorization of a building official under
  750  applicable laws, rules, regulations, and codes. The local
  751  building official may not interfere with the actions or
  752  activities of such individuals and entities in the performance
  753  of such actions. Verification of licensure and insurance
  754  requirements for a private provider firm’s duly authorized
  755  representative is the responsibility of the private provider
  756  firm’s management, and the local building official is not
  757  required to verify compliance or store information related to
  758  such verification. If the private provider is a person licensed
  759  as an engineer under chapter 471 or an architect under chapter
  760  481 and affixes his or her professional seal to the affidavit
  761  required under subsection (6), the local building official must
  762  issue the requested permit or provide a written notice to the
  763  permit applicant identifying the specific plan features that do
  764  not comply with the applicable codes, as well as the specific
  765  code chapters and sections, within 10 business days after
  766  receipt of the permit application and affidavit. In such written
  767  notice, the local building official must provide with
  768  specificity the plan’s deficiencies, the reasons the permit
  769  application failed, and the applicable codes being violated. If
  770  the local building official does not provide specific written
  771  notice to the permit applicant within the prescribed 10-day
  772  period, the permit application is deemed approved as a matter of
  773  law, and the local building official must issue the permit on
  774  the next business day.
  775         (11) If equipment replacements and repairs must be
  776  performed in an emergency situation, subject to the emergency
  777  permitting provisions of the Florida Building Code, a private
  778  provider may perform emergency inspection services without first
  779  notifying the local building official pursuant to subsection
  780  (9). A private provider must conduct the inspection within 3
  781  business days after being contacted to conduct an emergency
  782  inspection and must submit the inspection report to the local
  783  building official within 1 day after the inspection is
  784  completed.
  785         (12) Upon completing the required inspections at each
  786  applicable phase of construction, the private provider shall
  787  record such inspections on a form provided by the commission
  788  acceptable to the local building official. The form must bear
  789  the written or electronic signature of the private provider or
  790  the private provider’s duly authorized representative. These
  791  inspection records must shall reflect those inspections required
  792  by the applicable codes of each phase of construction for which
  793  permitting by a local enforcement agency is required. The
  794  private provider, upon completion of the required inspection,
  795  shall post each completed inspection record, indicating pass or
  796  fail, and provide the record to the local building official
  797  within 4 2 business days. Such inspection record may be
  798  electronically posted by the private provider, or the private
  799  provider may post such inspection record physically at the
  800  project site. The private provider may electronically transmit
  801  the record to the local building official. The private provider
  802  is not required to upload notices or inspection results to any
  803  website or portal. The local building official may waive the
  804  requirement to provide a record of each inspection within 4 2
  805  business days if the record is electronically posted or posted
  806  at the project site and all such inspection records are
  807  submitted with the certificate of compliance. Unless the records
  808  have been electronically posted, records of all required and
  809  completed inspections shall be maintained at the building site
  810  at all times and made available for review by the local building
  811  official. The private provider shall report to the local
  812  enforcement agency any condition that poses an immediate threat
  813  to public safety and welfare.
  814         (13) Upon completion of all required inspections, the
  815  private provider shall prepare a certificate of compliance, on a
  816  form provided by the commission acceptable to the local building
  817  official, summarizing the inspections performed and including a
  818  written representation, under oath, that the stated inspections
  819  have been performed and that, to the best of the private
  820  provider’s knowledge and belief, the building construction
  821  inspected complies with the approved plans and applicable codes.
  822  The statement required of the private provider shall be
  823  substantially in the following form and shall be signed and
  824  sealed by a private provider as established in subsection (1) or
  825  may be electronically transmitted to the local building
  826  official:
  827  
  828         To the best of my knowledge and belief, the building
  829         components and site improvements outlined herein and
  830         inspected under my authority have been completed in
  831         conformance with the approved plans and the applicable
  832         codes.
  833  
  834         (14)(a) The local building official may not perform
  835  building inspections of construction that a private provider has
  836  determined to be compliant with the applicable codes. The local
  837  building official may review forms and documents required under
  838  this section for completeness only. No more than 10 business
  839  days, or if the permit is related to single-family or two-family
  840  dwellings then no more than 2 business days, after receipt of a
  841  request for a certificate of occupancy or certificate of
  842  completion and the applicant’s presentation of a certificate of
  843  compliance and approval of all other government approvals
  844  required by law, including the payment of all outstanding fees,
  845  the local building official shall issue the certificate of
  846  occupancy or certificate of completion or provide a notice to
  847  the applicant of any incomplete forms or documents required
  848  under this section identifying the specific deficiencies, as
  849  well as the specific code chapters and sections.
  850         (b) If the local building official does not provide notice
  851  of any incomplete forms or documents the deficiencies within the
  852  applicable time periods under paragraph (a), the request for a
  853  certificate of occupancy or certificate of completion is
  854  automatically granted and deemed issued as of the next business
  855  day. The local building official must provide the applicant with
  856  the written certificate of occupancy or certificate of
  857  completion within 2 10 days after it is automatically granted
  858  and issued. To resolve any identified issues deficiencies, the
  859  applicant may elect to dispute the issues deficiencies pursuant
  860  to subsection (15) or to submit a corrected request for a
  861  certificate of occupancy or certificate of completion.
  862         (15) If the local building official determines that any
  863  forms or documents required under this section are incomplete
  864  the building construction or plans do not comply with the
  865  applicable codes, the official may deny the permit or request
  866  for a certificate of occupancy or certificate of completion, as
  867  appropriate, or may issue a stop-work order for the project or
  868  any portion thereof as provided by law, if the official
  869  determines that the noncompliance poses an immediate threat to
  870  public safety and welfare, subject to the following:
  871         (a) The local building official shall be available to meet
  872  with the private provider within 2 business days to resolve any
  873  dispute after issuing a stop-work order or providing notice to
  874  the applicant denying a permit or request for a certificate of
  875  occupancy or certificate of completion.
  876         (b) If the local building official and private provider are
  877  unable to resolve the dispute, the matter shall be referred to
  878  the local enforcement agency’s board of appeals, if one exists,
  879  which shall consider the matter at its next scheduled meeting or
  880  sooner. Any decisions by the local enforcement agency’s board of
  881  appeals, or local building official if there is no board of
  882  appeals, may be appealed to the commission as provided by this
  883  chapter.
  884         (c) Notwithstanding any provision of this section, any
  885  decisions regarding the issuance of a building permit,
  886  certificate of occupancy, or certificate of completion may be
  887  reviewed by the local enforcement agency’s board of appeals, if
  888  one exists. Any decision by the local enforcement agency’s board
  889  of appeals, or local building official if there is no board of
  890  appeals, may be appealed to the commission as provided by this
  891  chapter, which shall consider the matter at the commission’s
  892  next scheduled meeting.
  893         (17)
  894         (b) A local enforcement agency, local building official, or
  895  local government may establish, for private providers and,
  896  private provider firms, and duly authorized representatives
  897  working within that jurisdiction, a system of registration to
  898  verify compliance with the licensure requirements of paragraph
  899  (1)(r) paragraph (1)(n) and the insurance requirements of
  900  subsection (18).
  901         (c) This section does not limit the authority of the local
  902  building official to issue a stop-work order for a building
  903  project or any portion of the project, as provided by law, if
  904  the official determines that a condition on the building site
  905  constitutes an immediate threat to public safety and welfare,
  906  provided such orders are in strict compliance with the
  907  deficiency notice provisions of subsection (9).
  908         (20) A local building code enforcement agency may not audit
  909  the performance of building code inspection services by private
  910  providers operating within the local jurisdiction until the
  911  agency has created standard operating private provider audit
  912  procedures for the agency’s internal inspection and review
  913  staff, which includes, at a minimum, the private provider audit
  914  purpose and scope, private provider audit criteria, an
  915  explanation of private provider audit processes and objections,
  916  and detailed findings of areas of noncompliance. Such private
  917  provider audit procedures must be publicly available online, and
  918  a printed version must be readily accessible in agency
  919  buildings. The private provider audit results of staff for the
  920  prior two quarters also must be publicly available. The agency’s
  921  audit processes must adhere to the agency’s posted standard
  922  operating audit procedures. The same private provider or private
  923  provider firm may not be audited more than four times in a year.
  924  The private provider or private provider firm must be given
  925  notice of each audit to be performed within 5 business days
  926  before the audit unless the local building official determines a
  927  condition of a building constitutes an immediate threat to
  928  public safety and welfare, which must be communicated in writing
  929  to the private provider or private provider firm. Work on a
  930  building or structure may proceed after inspection and approval
  931  by a private provider. The work may not be delayed for
  932  completion of an inspection audit by the local building code
  933  enforcement agency.
  934         (21) The local government, the local building official, and
  935  their building code enforcement personnel shall be immune from
  936  liability to any person or party for any action or inaction by a
  937  fee owner of a building, or by a private provider or its duly
  938  authorized representative, in connection with building code
  939  inspection services as authorized in this act. The local
  940  government, the local building official, and their building code
  941  enforcement personnel may not prohibit or discourage the use of
  942  a private provider or a private provider firm. A local
  943  government, a local building official, and their building code
  944  enforcement personnel are not immune from liability or judicial
  945  action related to violations of this section or their
  946  obligations under applicable codes, including, without
  947  limitation, interference with, disparagement of, or failure to
  948  recognize the authority vested in private providers.
  949  Notwithstanding any other available remedies, any person or
  950  party, in an individual capacity or on behalf of a class of
  951  persons or parties, may bring and maintain actions for damages,
  952  declaratory and injunctive relief, and the issuance of
  953  extraordinary writs for violations of this subsection.
  954         (22) A private provider licensed as a building code
  955  administrator under chapter 468 shall serve as the local
  956  building official with respect to the building code inspection
  957  services it has been hired to perform by the fee owner or the
  958  owner’s contractor. Such private providers may issue building
  959  permits. All information from the private provider, including,
  960  but not limited to, building permits, inspection information,
  961  and drawings, must be provided to the property appraiser for the
  962  county or the jurisdiction. Drawings must be delivered in their
  963  original electronic format. Permits must be made publicly
  964  available, and the status of the permits must be made available
  965  on the Private Provider Association of Florida website so that
  966  code enforcement and other agencies and private entities may see
  967  their status. The Private Provider Association of Florida, or a
  968  similar nonprofit association, may require a fee or subscription
  969  to upload the information to its site or to use an applications
  970  programming interface. The private provider shall update such
  971  information within 2 business days after issuing a permit or a
  972  status change.
  973         (23) The format of the permit must meet a recognized and
  974  approved standard, as prescribed by this section, for use by
  975  private providers. Private provider permits must include space
  976  for acknowledgement of review and acceptance of the following:
  977         (a) The application.
  978         (b) Licensing.
  979         (c) The notice of commencement.
  980         (d) The plan review.
  981         (e) Required inspections.
  982         (f) The following lists of inspections:
  983         1. Building.
  984         2. Electric.
  985         3. Mechanical.
  986         4. Plumbing.
  987         (g) Permitting inspection.
  988         (h) The placard card.
  989         (i) The blower door test.
  990         (j) The insulation certificate.
  991         (k) The termite treatment certificate.
  992         (l) The power release.
  993         (m) The certificate of occupancy or certificate of
  994  completion.
  995         (24)(22) Notwithstanding any other law, a county, a
  996  municipality, a school district, or an independent special
  997  district may use a private provider or a private provider firm
  998  to provide building code inspection services for a public works
  999  project, an improvement, a building, or any other structure that
 1000  is owned by the county, municipality, school district, or
 1001  independent special district.
 1002  
 1003  It is the intent of the Legislature to provide permit applicants
 1004  with a consistent and efficient user experience. The permitting
 1005  process must be universally adopted as a standard for this
 1006  state. Local building officials and local governments may not
 1007  adopt, create, or use any form that is inconsistent with any
 1008  applicable law, rule, or form of this state. The use of custom
 1009  procedures or standards is prohibited. The commission shall
 1010  implement the permitting process and may review it once every 3
 1011  years thereafter for consistency and relevance.
 1012         Section 4. For the purpose of incorporating the amendment
 1013  made by this act to section 468.605, Florida Statutes, in a
 1014  reference thereto, subsection (6) of section 633.216, Florida
 1015  Statutes, is reenacted to read:
 1016         633.216 Inspection of buildings and equipment; orders;
 1017  firesafety inspection training requirements; certification;
 1018  disciplinary action.—The State Fire Marshal and her or his
 1019  agents or persons authorized to enforce laws and rules of the
 1020  State Fire Marshal shall, at any reasonable hour, when the State
 1021  Fire Marshal has reasonable cause to believe that a violation of
 1022  this chapter or s. 509.215, or a rule adopted thereunder, or a
 1023  minimum firesafety code adopted by the State Fire Marshal or a
 1024  local authority, may exist, inspect any and all buildings and
 1025  structures which are subject to the requirements of this chapter
 1026  or s. 509.215 and rules adopted thereunder. The authority to
 1027  inspect shall extend to all equipment, vehicles, and chemicals
 1028  which are located on or within the premises of any such building
 1029  or structure.
 1030         (6) The division and the Florida Building Code
 1031  Administrators and Inspectors Board, established pursuant to s.
 1032  468.605, shall enter into a reciprocity agreement to facilitate
 1033  joint recognition of continuing education recertification hours
 1034  for certificateholders licensed under s. 468.609 and firesafety
 1035  inspectors certified under subsection (2).
 1036         Section 5. For the purpose of incorporating the amendment
 1037  made by this act to section 553.791, Florida Statutes, in a
 1038  reference thereto, paragraph (c) of subsection (1) of section
 1039  177.073, Florida Statutes, is reenacted to read:
 1040         177.073 Expedited approval of residential building permits
 1041  before a final plat is recorded.—
 1042         (1) As used in this section, the term:
 1043         (c) “Local building official” has the same meaning as in s.
 1044  553.791(1).
 1045         Section 6. For the purpose of incorporating the amendment
 1046  made by this act to section 553.791, Florida Statutes, in a
 1047  reference thereto, subsection (9) of section 468.603, Florida
 1048  Statutes, is reenacted to read:
 1049         468.603 Definitions.—As used in this part:
 1050         (9) “Private provider” has the same meaning as in s.
 1051  553.791(1).
 1052         Section 7. For the purpose of incorporating the amendment
 1053  made by this act to section 553.791, Florida Statutes, in
 1054  references thereto, paragraphs (i) and (j) of subsection (1) of
 1055  section 468.621, Florida Statutes, are reenacted to read:
 1056         468.621 Disciplinary proceedings.—
 1057         (1) The following acts constitute grounds for which the
 1058  disciplinary actions in subsection (2) may be taken:
 1059         (i) Failing to lawfully execute the duties and
 1060  responsibilities specified in this part and ss. 553.73, 553.781,
 1061  553.79, and 553.791.
 1062         (j) Performing building code inspection services under s.
 1063  553.791 without satisfying the insurance requirements of that
 1064  section.
 1065         Section 8. For the purpose of incorporating the amendment
 1066  made by this act to section 553.791, Florida Statutes, in a
 1067  reference thereto, paragraph (l) of subsection (1) of section
 1068  471.033, Florida Statutes, is reenacted to read:
 1069         471.033 Disciplinary proceedings.—
 1070         (1) The following acts constitute grounds for which the
 1071  disciplinary actions in subsection (3) may be taken:
 1072         (l) Performing building code inspection services under s.
 1073  553.791, without satisfying the insurance requirements of that
 1074  section.
 1075         Section 9. For the purpose of incorporating the amendment
 1076  made by this act to section 553.791, Florida Statutes, in a
 1077  reference thereto, paragraph (l) of subsection (1) of section
 1078  481.225, Florida Statutes, is reenacted to read:
 1079         481.225 Disciplinary proceedings against registered
 1080  architects.—
 1081         (1) The following acts constitute grounds for which the
 1082  disciplinary actions in subsection (3) may be taken:
 1083         (l) Performing building code inspection services under s.
 1084  553.791, without satisfying the insurance requirements of that
 1085  section.
 1086         Section 10. For the purpose of incorporating the amendment
 1087  made by this act to section 553.791, Florida Statutes, in a
 1088  reference thereto, subsection (11) of section 553.79, Florida
 1089  Statutes, is reenacted to read:
 1090         553.79 Permits; applications; issuance; inspections.—
 1091         (11) Any state agency whose enabling legislation authorizes
 1092  it to enforce provisions of the Florida Building Code may enter
 1093  into an agreement with any other unit of government to delegate
 1094  its responsibility to enforce those provisions and may expend
 1095  public funds for permit and inspection fees, which fees may be
 1096  no greater than the fees charged others. Inspection services
 1097  that are not required to be performed by a state agency under a
 1098  federal delegation of responsibility or by a state agency under
 1099  the Florida Building Code must be performed under the
 1100  alternative plans review and inspection process created in s.
 1101  553.791 or by a local governmental entity having authority to
 1102  enforce the Florida Building Code.
 1103         Section 11. For the purpose of incorporating the amendment
 1104  made by this act to section 553.791, Florida Statutes, in a
 1105  reference thereto, paragraph (a) of subsection (7) of section
 1106  553.80, Florida Statutes, is reenacted to read:
 1107         553.80 Enforcement.—
 1108         (7)(a) The governing bodies of local governments may
 1109  provide a schedule of reasonable fees, as authorized by s.
 1110  125.56(2) or s. 166.222 and this section, for enforcing this
 1111  part. These fees, and any fines or investment earnings related
 1112  to the fees, may only be used for carrying out the local
 1113  government’s responsibilities in enforcing the Florida Building
 1114  Code. When providing a schedule of reasonable fees, the total
 1115  estimated annual revenue derived from fees, and the fines and
 1116  investment earnings related to the fees, may not exceed the
 1117  total estimated annual costs of allowable activities. Any
 1118  unexpended balances must be carried forward to future years for
 1119  allowable activities or must be refunded at the discretion of
 1120  the local government. A local government may not carry forward
 1121  an amount exceeding the average of its operating budget for
 1122  enforcing the Florida Building Code for the previous 4 fiscal
 1123  years. For purposes of this subsection, the term “operating
 1124  budget” does not include reserve amounts. Any amount exceeding
 1125  this limit must be used as authorized in subparagraph 2.
 1126  However, a local government that established, as of January 1,
 1127  2019, a Building Inspections Fund Advisory Board consisting of
 1128  five members from the construction stakeholder community and
 1129  carries an unexpended balance in excess of the average of its
 1130  operating budget for the previous 4 fiscal years may continue to
 1131  carry such excess funds forward upon the recommendation of the
 1132  advisory board. The basis for a fee structure for allowable
 1133  activities must relate to the level of service provided by the
 1134  local government and must include consideration for refunding
 1135  fees due to reduced services based on services provided as
 1136  prescribed by s. 553.791, but not provided by the local
 1137  government. Fees charged must be consistently applied.
 1138         1. As used in this subsection, the phrase “enforcing the
 1139  Florida Building Code” includes the direct costs and reasonable
 1140  indirect costs associated with review of building plans,
 1141  building inspections, reinspections, and building permit
 1142  processing; building code enforcement; and fire inspections
 1143  associated with new construction. The phrase may also include
 1144  training costs associated with the enforcement of the Florida
 1145  Building Code and enforcement action pertaining to unlicensed
 1146  contractor activity to the extent not funded by other user fees.
 1147         2. A local government must use any excess funds that it is
 1148  prohibited from carrying forward to rebate and reduce fees, to
 1149  upgrade technology hardware and software systems to enhance
 1150  service delivery, to pay for the construction of a building or
 1151  structure that houses a local government’s building code
 1152  enforcement agency, or for training programs for building
 1153  officials, inspectors, or plans examiners associated with the
 1154  enforcement of the Florida Building Code. Excess funds used to
 1155  construct such a building or structure must be designated for
 1156  such purpose by the local government and may not be carried
 1157  forward for more than 4 consecutive years. An owner or builder
 1158  who has a valid building permit issued by a local government for
 1159  a fee, or an association of owners or builders located in the
 1160  state that has members with valid building permits issued by a
 1161  local government for a fee, may bring a civil action against the
 1162  local government that issued the permit for a fee to enforce
 1163  this subparagraph.
 1164         3. The following activities may not be funded with fees
 1165  adopted for enforcing the Florida Building Code:
 1166         a. Planning and zoning or other general government
 1167  activities.
 1168         b. Inspections of public buildings for a reduced fee or no
 1169  fee.
 1170         c. Public information requests, community functions,
 1171  boards, and any program not directly related to enforcement of
 1172  the Florida Building Code.
 1173         d. Enforcement and implementation of any other local
 1174  ordinance, excluding validly adopted local amendments to the
 1175  Florida Building Code and excluding any local ordinance directly
 1176  related to enforcing the Florida Building Code as defined in
 1177  subparagraph 1.
 1178         4. A local government must use recognized management,
 1179  accounting, and oversight practices to ensure that fees, fines,
 1180  and investment earnings generated under this subsection are
 1181  maintained and allocated or used solely for the purposes
 1182  described in subparagraph 1.
 1183         5. The local enforcement agency, independent district, or
 1184  special district may not require at any time, including at the
 1185  time of application for a permit, the payment of any additional
 1186  fees, charges, or expenses associated with:
 1187         a. Providing proof of licensure under chapter 489;
 1188         b. Recording or filing a license issued under this chapter;
 1189         c. Providing, recording, or filing evidence of workers’
 1190  compensation insurance coverage as required by chapter 440; or
 1191         d. Charging surcharges or other similar fees not directly
 1192  related to enforcing the Florida Building Code.
 1193         Section 12. This act shall take effect July 1, 2025.