Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 712
Ì564952;Î564952
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2025 .
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The Committee on Rules (Grall) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 142 - 993
4 and insert:
5 218.755 Prompt processing of change orders.—For any
6 contract for construction services entered into on or after July
7 1, 2025, if a local governmental entity receives from its
8 contractor a price quote for a change order requested or issued
9 by the local governmental entity for construction services, and
10 the price quote conforms to all statutory requirements and
11 contractual requirements for the project, the local governmental
12 entity must approve or deny the price quote and send written
13 notice of that decision to the contractor within 35 days after
14 receipt of such quote. A denial notice must specify the alleged
15 deficiencies in the price quote and the actions necessary to
16 remedy those deficiencies. If the local governmental entity
17 fails to provide the contractor with a notice in compliance with
18 this section, the change order and price quote are deemed
19 approved, and the local governmental entity must pay the
20 contractor the amount stated in the price quote upon the
21 completion of the change order. A contract between a local
22 governmental entity and a contractor may not alter the local
23 governmental entity’s duties under this section.
24 Section 3. Paragraph (d) is added to subsection (2) of
25 section 255.0992, Florida Statutes, to read:
26 255.0992 Public works projects; prohibited governmental
27 actions.—
28 (2) Except as required by federal or state law, the state
29 or any political subdivision that contracts for a public works
30 project may not take the following actions:
31 (d) When scoring or evaluating bids for a public works
32 project, penalize a bidder for performing a larger volume of
33 construction work for the state or political subdivision or
34 reward a bidder for performing a smaller volume of construction
35 work for the state or political subdivision.
36 Section 4. Paragraph (b) of subsection (1) of section
37 399.035, Florida Statutes, is amended to read:
38 399.035 Elevator accessibility requirements for the
39 physically handicapped.—
40 (1) Each elevator, the installation of which is begun after
41 October 1, 1990, must be made accessible to physically
42 handicapped persons with the following requirements:
43 (b) Each elevator car interior must have a support rail on
44 at least one wall. All support rails must be smooth and have no
45 sharp edges and must not be more than 1 1/2 inches thick or 2
46 1/2 inches in diameter. At least one support rail Support rails
47 must be continuous and a minimum length of 42 inches overall.
48 The inside surface of support rails must be 1 1/2 inches clear
49 of the car wall. The distance from the top of the support rail
50 to the finished car floor must be at least 31 inches and not
51 more than 33 inches. Padded or tufted material or decorative
52 materials, such as wallpaper, vinyl, cloth, or the like, may not
53 be used on support rails.
54 Section 5. Subsection (7) of section 489.505, Florida
55 Statutes, is amended to read:
56 489.505 Definitions.—As used in this part:
57 (7) “Certified alarm system contractor” means an alarm
58 system contractor who possesses a certificate of competency
59 issued by the department. The scope of certification is limited
60 to alarm circuits originating in the alarm control panel and
61 equipment governed by the applicable provisions of Articles 722,
62 725, 760, 770, 800, and 810 of the National Electrical Code,
63 Current Edition, and National Fire Protection Association
64 Standard 72, Current Edition. The scope of certification for
65 alarm system contractors also includes the installation, repair,
66 fabrication, erection, alteration, addition, or design of
67 electrical wiring, fixtures, appliances, thermostats, apparatus,
68 raceways, and conduit, or any part thereof not to exceed 98
69 volts (RMS), when those items are for the purpose of
70 transmitting data or proprietary video (satellite systems that
71 are not part of a community antenna television or radio
72 distribution system) or providing central vacuum capability,
73 surveillance cameras, or electric locks; however, this provision
74 governing the scope of certification does not create any
75 mandatory licensure requirement.
76 Section 6. Subsections (2) and (10) of section 553.73,
77 Florida Statutes, are amended to read:
78 553.73 Florida Building Code.—
79 (2)(a) The Florida Building Code shall contain provisions
80 or requirements for public and private buildings, structures,
81 and facilities relative to structural, mechanical, electrical,
82 plumbing, energy, and gas systems, existing buildings,
83 historical buildings, manufactured buildings, elevators, coastal
84 construction, lodging facilities, food sales and food service
85 facilities, health care facilities, including assisted living
86 facilities, adult day care facilities, hospice residential and
87 inpatient facilities and units, and facilities for the control
88 of radiation hazards, public or private educational facilities,
89 swimming pools, and correctional facilities and enforcement of
90 and compliance with such provisions or requirements. Further,
91 the Florida Building Code must provide for uniform
92 implementation of ss. 515.25, 515.27, and 515.29 by including
93 standards and criteria for residential swimming pool barriers,
94 pool covers, latching devices, door and window exit alarms, and
95 other equipment required therein, which are consistent with the
96 intent of s. 515.23. Technical provisions to be contained within
97 the Florida Building Code are restricted to requirements related
98 to the types of materials used and construction methods and
99 standards employed in order to meet criteria specified in the
100 Florida Building Code. Provisions relating to the personnel,
101 supervision or training of personnel, or any other professional
102 qualification requirements relating to contractors or their
103 workforce may not be included within the Florida Building Code,
104 and subsections (4) and (6)-(9), (6), (7), (8), and (9) are not
105 to be construed to allow the inclusion of such provisions within
106 the Florida Building Code by amendment. This restriction applies
107 to both initial development and amendment of the Florida
108 Building Code.
109 (b) By January 1, 2026, or the next update of the Florida
110 Building Code, whichever occurs first, the commission shall
111 amend the Florida Building Code to be consistent with the 2024
112 International Building Code that recognizes tall mass timber as
113 an allowable material for construction types IV-A, IV-B, IV-C,
114 and IV-HT.
115 (10) The following buildings, structures, and facilities
116 are exempt from the Florida Building Code as provided by law,
117 and any further exemptions shall be as determined by the
118 Legislature and provided by law:
119 (a) Buildings and structures specifically regulated and
120 preempted by the Federal Government.
121 (b) Railroads and ancillary facilities associated with the
122 railroad.
123 (c) Nonresidential farm buildings on farms.
124 (d) Temporary buildings or sheds used exclusively for
125 construction purposes.
126 (e) Mobile or modular structures used as temporary offices,
127 except that the provisions of part II relating to accessibility
128 by persons with disabilities apply to such mobile or modular
129 structures.
130 (f) Those structures or facilities of electric utilities,
131 as defined in s. 366.02, which are directly involved in the
132 generation, transmission, or distribution of electricity.
133 (g) Temporary sets, assemblies, or structures used in
134 commercial motion picture or television production, or any
135 sound-recording equipment used in such production, on or off the
136 premises.
137 (h) Storage sheds that are not designed for human
138 habitation and that have a floor area of 720 square feet or less
139 are not required to comply with the mandatory wind-borne-debris
140 impact standards of the Florida Building Code. In addition, such
141 buildings that are 400 square feet or less and that are intended
142 for use in conjunction with one- and two-family residences are
143 not subject to the door height and width requirements of the
144 Florida Building Code.
145 (i) Chickees constructed by the Miccosukee Tribe of Indians
146 of Florida or the Seminole Tribe of Florida. As used in this
147 paragraph, the term “chickee” means an open-sided wooden hut
148 that has a thatched roof of palm or palmetto or other
149 traditional materials, and that does not incorporate any
150 electrical, plumbing, or other nonwood features.
151 (j) Family mausoleums not exceeding 250 square feet in area
152 which are prefabricated and assembled on site or preassembled
153 and delivered on site and have walls, roofs, and a floor
154 constructed of granite, marble, or reinforced concrete.
155 (k) A building or structure having less than 1,000 square
156 feet which is constructed and owned by a natural person for
157 hunting and which is repaired or reconstructed to the same
158 dimension and condition as existed on January 1, 2011, if the
159 building or structure:
160 1. Is not rented or leased or used as a principal
161 residence;
162 2. Is not located within the 100-year floodplain according
163 to the Federal Emergency Management Agency’s current Flood
164 Insurance Rate Map; and
165 3. Is not connected to an offsite electric power or water
166 supply.
167 (l) A drone port as defined in s. 330.41(2).
168 (m) Any system or equipment, whether affixed or movable,
169 which is located on property within a spaceport territory
170 pursuant to s. 331.304 and which is used for the production,
171 erection, alteration, modification, repair, launch, processing,
172 recovery, transport, integration, fueling, conditioning, or
173 equipping of a space launch vehicle, payload, or spacecraft.
174
175 With the exception of paragraphs (a), (b), (c), and (f), in
176 order to preserve the health, safety, and welfare of the public,
177 the Florida Building Commission may, by rule adopted pursuant to
178 chapter 120, provide for exceptions to the broad categories of
179 buildings exempted in this section, including exceptions for
180 application of specific sections of the code or standards
181 adopted therein. The Department of Agriculture and Consumer
182 Services shall have exclusive authority to adopt by rule,
183 pursuant to chapter 120, exceptions to nonresidential farm
184 buildings exempted in paragraph (c) when reasonably necessary to
185 preserve public health, safety, and welfare. The exceptions must
186 be based upon specific criteria, such as under-roof floor area,
187 aggregate electrical service capacity, HVAC system capacity, or
188 other building requirements. Further, the commission may
189 recommend to the Legislature additional categories of buildings,
190 structures, or facilities which should be exempted from the
191 Florida Building Code, to be provided by law. The Florida
192 Building Code does not apply to temporary housing provided by
193 the Department of Corrections to any prisoner in the state
194 correctional system.
195 Section 7. Paragraph (f) of subsection (1) of 553.79,
196 Florida Statutes, is amended, and subsection (11) of that
197 section is reenacted, to read:
198 553.79 Permits; applications; issuance; inspections.—
199 (1)
200 (f) A local government may not require a contract between a
201 builder and an owner, any copies of such contract, or any
202 associated document, including, but not limited to, letters of
203 intent, material costs lists, labor costs, or overhead or profit
204 statements, for the issuance of a building permit or as a
205 requirement for the submission of a building permit application.
206 (11) Any state agency whose enabling legislation authorizes
207 it to enforce provisions of the Florida Building Code may enter
208 into an agreement with any other unit of government to delegate
209 its responsibility to enforce those provisions and may expend
210 public funds for permit and inspection fees, which fees may be
211 no greater than the fees charged others. Inspection services
212 that are not required to be performed by a state agency under a
213 federal delegation of responsibility or by a state agency under
214 the Florida Building Code must be performed under the
215 alternative plans review and inspection process created in s.
216 553.791 or by a local governmental entity having authority to
217 enforce the Florida Building Code.
218 Section 8. Paragraphs (l) and (q) of subsection (1) and
219 subsections (5) through (8) of section 553.791, Florida
220 Statutes, are amended to read:
221 553.791 Alternative plans review and inspection.—
222 (1) As used in this section, the term:
223 (l) “Permit application” means a properly completed and
224 submitted application for the requested building or construction
225 permit, including:
226 1. The plans reviewed by the private provider, or in the
227 case of a single-trade plan review where a private provider uses
228 an automated or software-based plans review system pursuant to
229 subsection (6), the information reviewed by the automated or
230 software-based plans review system to determine compliance with
231 one or more applicable codes.
232 2. The affidavit from the private provider required under
233 subsection (6).
234 3. Any applicable fees.
235 4. Any documents required by the local building official to
236 determine that the fee owner has secured all other government
237 approvals required by law.
238 (q) “Single-trade inspection” or “single-trade plans
239 review” means any inspection or plans review focused on a single
240 construction trade, such as plumbing, mechanical, or electrical.
241 The term includes, but is not limited to, inspections or plans
242 review of door or window replacements; fences and block walls
243 more than 6 feet high from the top of the wall to the bottom of
244 the footing; stucco or plastering; reroofing with no structural
245 alteration; solar energy and energy storage installations or
246 alterations; HVAC replacements; ductwork or fan replacements;
247 alteration or installation of wiring, lighting, and service
248 panels; water heater changeouts; sink replacements; and
249 repiping.
250 (5) After construction has commenced and if either the
251 local building official is unable to provide inspection services
252 in a timely manner or the work subject to inspection is related
253 to a single-trade inspection for a single-family or two-family
254 dwelling, the fee owner or the fee owner’s contractor may elect
255 to use a private provider to provide inspection services by
256 notifying the local building official of the owner’s or
257 contractor’s intention to do so by 2 p.m. local time, 2 business
258 days before the next scheduled inspection using the notice
259 provided for in paragraphs (4)(a)-(c).
260 (6) A private provider performing plans review under this
261 section shall review the plans to determine compliance with the
262 applicable codes. For single-trade plans reviews, a private
263 provider may use an automated or software-based plans review
264 system designed to determine compliance with one or more
265 applicable codes, including, but not limited to, the National
266 Electrical Code and the Florida Building Code. Upon determining
267 that the plans reviewed comply with the applicable codes, the
268 private provider shall prepare an affidavit or affidavits
269 certifying, under oath, that the following is true and correct
270 to the best of the private provider’s knowledge and belief:
271 (a) The plans were reviewed by the affiant, who is duly
272 authorized to perform plans review pursuant to this section and
273 holds the appropriate license or certificate.
274 (b) The plans comply with the applicable codes.
275
276 Such affidavit may bear a written or electronic signature and
277 may be submitted electronically to the local building official.
278 (7)(a) No more than 20 business days, or if the permit
279 application is related to a single-trade plans review for a
280 single-family or two-family dwelling, no more than 5 business
281 days, after receipt of a permit application and the affidavit
282 from the private provider required pursuant to subsection (6),
283 the local building official shall issue the requested permit or
284 provide a written notice to the permit applicant identifying the
285 specific plan features that do not comply with the applicable
286 codes, as well as the specific code chapters and sections. If
287 the local building official does not provide a written notice of
288 the plan deficiencies within the prescribed time 20-day period,
289 the permit application must shall be deemed approved as a matter
290 of law, and the permit must shall be issued by the local
291 building official on the next business day.
292 (b) If the local building official provides a written
293 notice of plan deficiencies to the permit applicant within the
294 prescribed time 20-day period, the time 20-day period is shall
295 be tolled pending resolution of the matter. To resolve the plan
296 deficiencies, the permit applicant may elect to dispute the
297 deficiencies pursuant to subsection (15) or to submit revisions
298 to correct the deficiencies.
299 (c) If the permit applicant submits revisions, the local
300 building official has the remainder of the tolled time 20-day
301 period plus 5 business days after from the date of resubmittal
302 to issue the requested permit or to provide a second written
303 notice to the permit applicant stating which of the previously
304 identified plan features remain in noncompliance with the
305 applicable codes, with specific reference to the relevant code
306 chapters and sections. Any subsequent review by the local
307 building official is limited to the deficiencies cited in the
308 written notice. If the local building official does not provide
309 the second written notice within the prescribed time period, the
310 permit must shall be deemed approved as a matter of law, and the
311 local building official must issue the permit on the next
312 business day.
313 (d) If the local building official provides a second
314 written notice of plan deficiencies to the permit applicant
315 within the prescribed time period, the permit applicant may
316 elect to dispute the deficiencies pursuant to subsection (15) or
317 to submit additional revisions to correct the deficiencies. For
318 all revisions submitted after the first revision, the local
319 building official has an additional 5 business days after from
320 the date of resubmittal to issue the requested permit or to
321 provide a written notice to the permit applicant stating which
322 of the previously identified plan features remain in
323 noncompliance with the applicable codes, with specific reference
324 to the relevant code chapters and sections.
325 (8) A private provider performing required inspections
326 under this section shall inspect each phase of construction as
327 required by the applicable codes. Such inspection, including a
328 single-trade inspection, may be performed in person in-person or
329 virtually. The private provider may have a duly authorized
330 representative perform the required inspections, provided all
331 required reports are prepared by and bear the written or
332 electronic signature of the private provider or the private
333 provider’s duly authorized representative. The duly authorized
334 representative must be an employee of the private provider
335 entitled to receive reemployment assistance benefits under
336 chapter 443. The contractor’s contractual or legal obligations
337 are not relieved by any action of the private provider.
338 Section 9. Subsection (3) of section 497.271, Florida
339 Statutes, is amended to read:
340 497.271 Standards for construction and significant
341 alteration or renovation of mausoleums and columbaria.—
342 (3) The licensing authority shall transmit the rules as
343 adopted under subsection (2), hereinafter referred to as the
344 “mausoleum standards,” to the Florida Building Commission, which
345 shall initiate rulemaking under chapter 120 to consider such
346 mausoleum standards. If such mausoleum standards are not deemed
347 acceptable, they must shall be returned by the Florida Building
348 Commission to the licensing authority with details of changes
349 needed to make them acceptable. If such mausoleum standards are
350 acceptable, the Florida Building Commission must shall adopt a
351 rule designating the mausoleum standards as an approved revision
352 to the State Minimum Building Codes under part IV of chapter
353 553. When so designated by the Florida Building Commission, such
354 mausoleum standards shall become a required element of the State
355 Minimum Building Codes under s. 553.73(2)(a) s. 553.73(2) and
356 shall be transmitted to each local enforcement agency, as
357 defined in s. 553.71(5). Such local enforcement agency shall
358 consider and inspect for compliance with such mausoleum
359 standards as if they were part of the local building code, but
360 shall have no continuing duty to inspect after final approval of
361 the construction pursuant to the local building code. Any
362 further amendments to the mausoleum standards shall be
363 accomplished by the same procedure. Such designated mausoleum
364 standards, as from time to time amended, shall be a part of the
365 State Minimum Building Codes under s. 553.73 until the adoption
366 and effective date of a new statewide uniform minimum building
367 code, which may supersede the mausoleum standards as provided by
368 the law enacting the new statewide uniform minimum building
369 code.
370
371 ================= T I T L E A M E N D M E N T ================
372 And the title is amended as follows:
373 Delete lines 19 - 82
374 and insert:
375 218.755, F.S.; requiring that, for certain contracts
376 entered into on or after a specified date, local
377 governmental entities approve or deny certain price
378 quotes and provide notice to contractors within a
379 specified timeframe; requiring denials to specify
380 alleged deficiencies and actions necessary to remedy
381 such deficiencies; providing that if a local
382 governmental entity fails to provide the contractor
383 with a certain notice, the change order and price
384 quote are deemed approved and the local governmental
385 entity must pay the contractor a certain amount upon
386 completion of the change order; prohibiting contracts
387 from altering specified duties of a local governmental
388 entity; amending s. 255.0992, F.S.; prohibiting the
389 state or political subdivisions that contract for
390 public works projects from penalizing or rewarding
391 bidders for performing larger or smaller volumes of
392 construction work for the state or political
393 subdivisions when scoring or evaluating certain bids;
394 amending s. 399.035, F.S.; requiring that elevator car
395 interiors have at least one support rail that meets
396 certain specifications; amending s. 489.505, F.S.;
397 revising the definition of the term “certified alarm
398 system contractor”; amending s. 553.73, F.S.;
399 requiring the Florida Building Commission, within a
400 specified timeframe, to amend the Florida Building
401 Code to recognize tall mass timber as an allowable
402 material for specified construction types; providing
403 an exemption from the Florida Building Code to systems
404 or equipment located within a spaceport territory
405 which is used for specified purposes; reenacting and
406 amending s. 553.79, F.S.; prohibiting local
407 governments from requiring copies of contracts and
408 certain associated documents for the issuance of
409 building permits or as a requirement for submitting
410 building permit applications; amending s. 553.791,
411 F.S.; revising definitions; revising the conditions
412 under which specified contractors may elect to use a
413 private provider to provide inspection services;
414 authorizing private providers to use automated or
415 software-based plans review systems designed to make
416 certain determinations; requiring local building
417 officials to issue permits within a specified
418 timeframe if such permit application is related to
419 certain single-trade plans reviews; authorizing
420 certain inspections to be performed in person or
421 virtually; amending s. 497.271, F.S.; conforming a
422 cross-reference; reenacting s. 201.21(2), F.S.,