Florida Senate - 2025                              CS for SB 712
       
       
        
       By the Committee on Community Affairs; and Senator Grall
       
       
       
       
       
       578-03099-25                                           2025712c1
    1                        A bill to be entitled                      
    2         An act relating to construction regulations; creating
    3         s. 125.572, F.S.; defining the term “synthetic turf”;
    4         requiring the Department of Environmental Protection
    5         to adopt minimum standards for the installation of
    6         synthetic turf on specified properties; requiring that
    7         the standards take into account specified factors;
    8         prohibiting local governments from adopting or
    9         enforcing any ordinance, resolution, order, rule, or
   10         policy that prohibits, or is enforced to prohibit,
   11         property owners from installing synthetic turf meeting
   12         certain standards on single-family residential
   13         property of a specified size; prohibiting local
   14         governments from adopting or enforcing specified
   15         ordinances, resolutions, orders, rules, or policies
   16         that regulate synthetic turf which are inconsistent
   17         with specified standards; requiring the Department of
   18         Environmental Protection to adopt rules; creating s.
   19         218.755, F.S.; requiring local governmental entities
   20         to approve or deny certain price quotes and provide
   21         notice to contractors within a specified timeframe;
   22         requiring denials to specify alleged deficiencies and
   23         actions necessary to remedy such deficiencies;
   24         providing that a local governmental entity that fails
   25         to provide such information with a denial is liable to
   26         the contractor for specified overhead; prohibiting
   27         contracts from altering specified duties of a local
   28         governmental entity; amending s. 255.0992, F.S.;
   29         prohibiting the state or political subdivisions that
   30         contract for public works projects from penalizing or
   31         rewarding bidders for performing larger or smaller
   32         volumes of construction work for the state or
   33         political subdivisions; amending s. 489.505, F.S.;
   34         revising the definition of the term “certified alarm
   35         system contractor”; amending s. 553.73, F.S.;
   36         requiring the Florida Building Commission, within a
   37         specified timeframe, to amend the Florida Building
   38         Code to recognize tall mass timber as an allowable
   39         material for specified construction types; providing
   40         an exemption from the Florida Building Code to systems
   41         or equipment located within a spaceport territory
   42         which is used for specified purposes; amending s.
   43         553.79, F.S.; prohibiting local governments from
   44         requiring copies of contracts and certain associated
   45         documents for the issuance of building permits or as a
   46         requirement for submitting building permit
   47         applications; amending s. 497.271, F.S.; conforming a
   48         cross-reference; reenacting s. 201.21(2), F.S.,
   49         relating to an exemption from all excise taxes imposed
   50         by ch. 201, F.S., for specified notes and obligations
   51         when given by a customer to an alarm system contractor
   52         in connection with the sale of an alarm system, to
   53         incorporate the amendment made to s. 489.505, F.S., in
   54         a reference thereto; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 125.572, Florida Statutes, is created to
   59  read:
   60         125.572 Regulation of synthetic turf.—
   61         (1)As used in this section, the term “synthetic turf”
   62  means a manufactured product that resembles natural grass and is
   63  used as a surface for landscaping and recreational areas.
   64         (2)The Department of Environmental Protection shall adopt
   65  minimum standards for the installation of synthetic turf on
   66  single-family residential properties 1 acre or less in size. The
   67  standards must take into account material type, permeability,
   68  stormwater management, potable water conservation, water
   69  quality, proximity to trees and other vegetation, and other
   70  factors impacting environmental conditions of adjacent
   71  properties.
   72         (3)Upon the Department of Environmental Protection
   73  adopting rules pursuant to subsection (4), a local government
   74  may not:
   75         (a)Adopt or enforce any ordinance, resolution, order,
   76  rule, or policy that prohibits, or is enforced to prohibit, a
   77  property owner from installing synthetic turf that complies with
   78  Department of Environmental Protection standards adopted
   79  pursuant to this section which apply to single-family
   80  residential property.
   81         (b)Adopt or enforce any ordinance, resolution, order,
   82  rule, or policy that regulates synthetic turf which is
   83  inconsistent with the Department of Environmental Protection
   84  standards adopted pursuant to this section which apply to
   85  single-family residential property.
   86         (4)The Department of Environmental Protection shall adopt
   87  rules to implement this section.
   88         Section 2. Section 218.755, Florida Statutes, is created to
   89  read:
   90         218.755 Prompt processing of change orders.—Beginning on or
   91  after July 1, 2025, if a local governmental entity receives from
   92  its contractor a price quote for a change order issued by the
   93  local governmental entity, and the price quote conforms to all
   94  statutory requirements and contractual requirements for the
   95  project, the local governmental entity must approve or deny the
   96  price quote and send written notice of that decision to the
   97  contractor within 30 days after receipt of such quote. Any
   98  denial notice must specify the alleged deficiencies in the price
   99  quote and the actions necessary to remedy those deficiencies. If
  100  the local governmental entity fails to provide such information
  101  on a denial notice, it is liable to the contractor for all
  102  additional labor, staffing, materials, supplies, equipment, and
  103  overhead associated with the change order. A contract between a
  104  local governmental entity and a contractor may not alter the
  105  local governmental entity’s duties under this section.
  106         Section 3. Paragraph (d) is added to subsection (2) of
  107  section 255.0992, Florida Statutes, to read:
  108         255.0992 Public works projects; prohibited governmental
  109  actions.—
  110         (2) Except as required by federal or state law, the state
  111  or any political subdivision that contracts for a public works
  112  project may not take the following actions:
  113         (d) Penalize a bidder for performing a larger volume of
  114  construction work for the state or political subdivision or
  115  reward a bidder for performing a smaller volume of construction
  116  work for the state or political subdivision.
  117         Section 4. Subsection (7) of section 489.505, Florida
  118  Statutes, is amended to read:
  119         489.505 Definitions.—As used in this part:
  120         (7) “Certified alarm system contractor” means an alarm
  121  system contractor who possesses a certificate of competency
  122  issued by the department. The scope of certification is limited
  123  to alarm circuits originating in the alarm control panel and
  124  equipment governed by the applicable provisions of Articles 722,
  125  725, 760, 770, 800, and 810 of the National Electrical Code,
  126  Current Edition, and National Fire Protection Association
  127  Standard 72, Current Edition. The scope of certification for
  128  alarm system contractors also includes the installation, repair,
  129  fabrication, erection, alteration, addition, or design of
  130  electrical wiring, fixtures, appliances, thermostats, apparatus,
  131  raceways, and conduit, or any part thereof not to exceed 98
  132  volts (RMS), when those items are for the purpose of
  133  transmitting data or proprietary video (satellite systems that
  134  are not part of a community antenna television or radio
  135  distribution system) or providing central vacuum capability,
  136  surveillance cameras, or electric locks; however, this provision
  137  governing the scope of certification does not create any
  138  mandatory licensure requirement.
  139         Section 5. Subsections (2) and (10) of section 553.73,
  140  Florida Statutes, are amended to read:
  141         553.73 Florida Building Code.—
  142         (2)(a) The Florida Building Code shall contain provisions
  143  or requirements for public and private buildings, structures,
  144  and facilities relative to structural, mechanical, electrical,
  145  plumbing, energy, and gas systems, existing buildings,
  146  historical buildings, manufactured buildings, elevators, coastal
  147  construction, lodging facilities, food sales and food service
  148  facilities, health care facilities, including assisted living
  149  facilities, adult day care facilities, hospice residential and
  150  inpatient facilities and units, and facilities for the control
  151  of radiation hazards, public or private educational facilities,
  152  swimming pools, and correctional facilities and enforcement of
  153  and compliance with such provisions or requirements. Further,
  154  the Florida Building Code must provide for uniform
  155  implementation of ss. 515.25, 515.27, and 515.29 by including
  156  standards and criteria for residential swimming pool barriers,
  157  pool covers, latching devices, door and window exit alarms, and
  158  other equipment required therein, which are consistent with the
  159  intent of s. 515.23. Technical provisions to be contained within
  160  the Florida Building Code are restricted to requirements related
  161  to the types of materials used and construction methods and
  162  standards employed in order to meet criteria specified in the
  163  Florida Building Code. Provisions relating to the personnel,
  164  supervision or training of personnel, or any other professional
  165  qualification requirements relating to contractors or their
  166  workforce may not be included within the Florida Building Code,
  167  and subsections (4) and (6)-(9), (6), (7), (8), and (9) are not
  168  to be construed to allow the inclusion of such provisions within
  169  the Florida Building Code by amendment. This restriction applies
  170  to both initial development and amendment of the Florida
  171  Building Code.
  172         (b)By January 1, 2026, or the next update of the Florida
  173  Building Code, whichever occurs first, the commission shall
  174  amend the Florida Building Code to be consistent with the 2024
  175  International Building Code that recognizes tall mass timber as
  176  an allowable material for construction types IV-A, IV-B, IV-C,
  177  and IV-HT.
  178         (10) The following buildings, structures, and facilities
  179  are exempt from the Florida Building Code as provided by law,
  180  and any further exemptions shall be as determined by the
  181  Legislature and provided by law:
  182         (a) Buildings and structures specifically regulated and
  183  preempted by the Federal Government.
  184         (b) Railroads and ancillary facilities associated with the
  185  railroad.
  186         (c) Nonresidential farm buildings on farms.
  187         (d) Temporary buildings or sheds used exclusively for
  188  construction purposes.
  189         (e) Mobile or modular structures used as temporary offices,
  190  except that the provisions of part II relating to accessibility
  191  by persons with disabilities apply to such mobile or modular
  192  structures.
  193         (f) Those structures or facilities of electric utilities,
  194  as defined in s. 366.02, which are directly involved in the
  195  generation, transmission, or distribution of electricity.
  196         (g) Temporary sets, assemblies, or structures used in
  197  commercial motion picture or television production, or any
  198  sound-recording equipment used in such production, on or off the
  199  premises.
  200         (h) Storage sheds that are not designed for human
  201  habitation and that have a floor area of 720 square feet or less
  202  are not required to comply with the mandatory wind-borne-debris
  203  impact standards of the Florida Building Code. In addition, such
  204  buildings that are 400 square feet or less and that are intended
  205  for use in conjunction with one- and two-family residences are
  206  not subject to the door height and width requirements of the
  207  Florida Building Code.
  208         (i) Chickees constructed by the Miccosukee Tribe of Indians
  209  of Florida or the Seminole Tribe of Florida. As used in this
  210  paragraph, the term “chickee” means an open-sided wooden hut
  211  that has a thatched roof of palm or palmetto or other
  212  traditional materials, and that does not incorporate any
  213  electrical, plumbing, or other nonwood features.
  214         (j) Family mausoleums not exceeding 250 square feet in area
  215  which are prefabricated and assembled on site or preassembled
  216  and delivered on site and have walls, roofs, and a floor
  217  constructed of granite, marble, or reinforced concrete.
  218         (k) A building or structure having less than 1,000 square
  219  feet which is constructed and owned by a natural person for
  220  hunting and which is repaired or reconstructed to the same
  221  dimension and condition as existed on January 1, 2011, if the
  222  building or structure:
  223         1. Is not rented or leased or used as a principal
  224  residence;
  225         2. Is not located within the 100-year floodplain according
  226  to the Federal Emergency Management Agency’s current Flood
  227  Insurance Rate Map; and
  228         3. Is not connected to an offsite electric power or water
  229  supply.
  230         (l) A drone port as defined in s. 330.41(2).
  231         (m)Any system or equipment, whether affixed or movable,
  232  which is located on property within a spaceport territory
  233  pursuant to s. 331.304 and which is used for the production,
  234  erection, alteration, modification, repair, launch, processing,
  235  recovery, transport, integration, fueling, conditioning, or
  236  equipping of a space launch vehicle, payload, or spacecraft.
  237  
  238  With the exception of paragraphs (a), (b), (c), and (f), in
  239  order to preserve the health, safety, and welfare of the public,
  240  the Florida Building Commission may, by rule adopted pursuant to
  241  chapter 120, provide for exceptions to the broad categories of
  242  buildings exempted in this section, including exceptions for
  243  application of specific sections of the code or standards
  244  adopted therein. The Department of Agriculture and Consumer
  245  Services shall have exclusive authority to adopt by rule,
  246  pursuant to chapter 120, exceptions to nonresidential farm
  247  buildings exempted in paragraph (c) when reasonably necessary to
  248  preserve public health, safety, and welfare. The exceptions must
  249  be based upon specific criteria, such as under-roof floor area,
  250  aggregate electrical service capacity, HVAC system capacity, or
  251  other building requirements. Further, the commission may
  252  recommend to the Legislature additional categories of buildings,
  253  structures, or facilities which should be exempted from the
  254  Florida Building Code, to be provided by law. The Florida
  255  Building Code does not apply to temporary housing provided by
  256  the Department of Corrections to any prisoner in the state
  257  correctional system.
  258         Section 6. Paragraph (f) of subsection (1) of section
  259  553.79, Florida Statutes, is amended to read:
  260         553.79 Permits; applications; issuance; inspections.—
  261         (1)
  262         (f) A local government may not require a contract between a
  263  builder and an owner, any copies of such contract, or any
  264  associated document, including, but not limited to, letters of
  265  intent, material costs lists, labor costs, or overhead or profit
  266  statements, for the issuance of a building permit or as a
  267  requirement for the submission of a building permit application.
  268         Section 7. Subsection (3) of section 497.271, Florida
  269  Statutes, is amended to read:
  270         497.271 Standards for construction and significant
  271  alteration or renovation of mausoleums and columbaria.—
  272         (3) The licensing authority shall transmit the rules as
  273  adopted under subsection (2), hereinafter referred to as the
  274  “mausoleum standards,” to the Florida Building Commission, which
  275  shall initiate rulemaking under chapter 120 to consider such
  276  mausoleum standards. If such mausoleum standards are not deemed
  277  acceptable, they must shall be returned by the Florida Building
  278  Commission to the licensing authority with details of changes
  279  needed to make them acceptable. If such mausoleum standards are
  280  acceptable, the Florida Building Commission must shall adopt a
  281  rule designating the mausoleum standards as an approved revision
  282  to the State Minimum Building Codes under part IV of chapter
  283  553. When so designated by the Florida Building Commission, such
  284  mausoleum standards shall become a required element of the State
  285  Minimum Building Codes under s. 553.73(2)(a) s. 553.73(2) and
  286  shall be transmitted to each local enforcement agency, as
  287  defined in s. 553.71(5). Such local enforcement agency shall
  288  consider and inspect for compliance with such mausoleum
  289  standards as if they were part of the local building code, but
  290  shall have no continuing duty to inspect after final approval of
  291  the construction pursuant to the local building code. Any
  292  further amendments to the mausoleum standards shall be
  293  accomplished by the same procedure. Such designated mausoleum
  294  standards, as from time to time amended, shall be a part of the
  295  State Minimum Building Codes under s. 553.73 until the adoption
  296  and effective date of a new statewide uniform minimum building
  297  code, which may supersede the mausoleum standards as provided by
  298  the law enacting the new statewide uniform minimum building
  299  code.
  300         Section 8. For the purpose of incorporating the amendment
  301  made by this act to section 489.505, Florida Statutes, in a
  302  reference thereto, subsection (2) of section 201.21, Florida
  303  Statutes, is reenacted to read:
  304         201.21 Notes and other written obligations exempt under
  305  certain conditions.—
  306         (2) There shall be exempt from all excise taxes imposed by
  307  this chapter all non-interest-bearing promissory notes, non
  308  interest-bearing nonnegotiable notes, or non-interest-bearing
  309  written obligations to pay money, or assignments of salaries,
  310  wages, or other compensation made, executed, delivered, sold,
  311  transferred, or assigned in the state, and for each renewal of
  312  the same, of $3,500 or less, when given by a customer to an
  313  alarm system contractor, as defined in s. 489.505, in connection
  314  with the sale of an alarm system as defined in s. 489.505.
  315         Section 9. This act shall take effect July 1, 2025.