Florida Senate - 2025 CS for CS for SB 712
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Community Affairs; and
Senator Grall
601-03616-25 2025712c2
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 if a local governmental entity fails to
25 provide the contractor with a certain notice, the
26 change order and price quote are deemed approved and
27 the local governmental entity must pay the contractor
28 a certain amount upon completion of the change order;
29 prohibiting contracts from altering specified duties
30 of a local governmental entity; amending s. 255.0992,
31 F.S.; prohibiting the state or political subdivisions
32 that contract for public works projects from
33 penalizing or rewarding bidders for performing larger
34 or smaller volumes of construction work for the state
35 or political subdivisions when scoring or evaluating
36 certain bids; amending s. 399.035, F.S.; requiring
37 that elevator car interiors have at least one support
38 rail that meets certain specifications; amending s.
39 489.105, F.S.; revising definitions for purposes of
40 part I of ch. 489, F.S.; amending s. 489.113, F.S.;
41 prohibiting general or building contractors from being
42 required to subcontract pool wet deck area work;
43 defining the term “pool wet deck area”; amending s.
44 489.505, F.S.; revising the definition of the term
45 “certified alarm system contractor”; amending s.
46 553.73, F.S.; requiring the Florida Building
47 Commission, within a specified timeframe, to amend the
48 Florida Building Code to recognize tall mass timber as
49 an allowable material for specified construction
50 types; providing an exemption from the Florida
51 Building Code to systems or equipment located within a
52 spaceport territory which is used for specified
53 purposes; reenacting and amending s. 553.79, F.S.;
54 prohibiting local governments from requiring copies of
55 contracts and certain associated documents for the
56 issuance of building permits or as a requirement for
57 submitting building permit applications; amending s.
58 553.791, F.S.; revising definitions; revising the
59 conditions under which specified contractors may elect
60 to use a private provider to provide inspection
61 services; authorizing private providers to use
62 automated or software-based plans review systems
63 designed to make certain determinations; requiring
64 local building officials to issue permits within a
65 specified timeframe if such permit application is
66 related to certain single-trade plans reviews;
67 authorizing certain inspections to be performed in
68 person or virtually; amending s. 497.271, F.S.;
69 conforming a cross-reference; reenacting ss.
70 489.107(4)(b), 489.113(2), 489.117(1)(a), (2)(a) and
71 (b), and (4)(a), (d), and (e), 489.118(1), 489.131(10)
72 and (11), 489.141(2), 514.0315(3), and 514.075, F.S.,
73 relating to the Construction Industry Licensing Board,
74 qualifications for and restrictions on the practice of
75 contracting, registration requirements for specialty
76 contractors, certification of registered contractors,
77 applicability, conditions and eligibility for recovery
78 from the recovery fund, required safety features for
79 public swimming pools and spas, and public pool
80 service technician certification, respectively, to
81 incorporate the amendment made to s. 489.105, F.S., in
82 references thereto; reenacting s. 201.21(2), F.S.,
83 relating to an exemption from all excise taxes imposed
84 by ch. 201, F.S., for specified notes and obligations
85 when given by a customer to an alarm system contractor
86 in connection with the sale of an alarm system, to
87 incorporate the amendment made to s. 489.505, F.S., in
88 a reference thereto; reenacting ss. 177.073(4)(a),
89 468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l),
90 and 553.80(7)(a), F.S., relating to inspections
91 performed for expedited approval of residential
92 building permits before a final plat is recorded;
93 disciplinary proceedings against building code
94 administrators and inspectors for performing building
95 code inspection services without satisfying specified
96 insurance requirements; disciplinary proceedings
97 against engineers for performing building code
98 inspection services without satisfying specified
99 insurance requirements; disciplinary proceedings
100 against registered architects for performing building
101 code inspection services without satisfying specified
102 insurance requirements; and the refunding of certain
103 fees due to specified reduced services provided by a
104 local building official, respectively, to incorporate
105 the amendment to s. 553.791, F.S., in references
106 thereto; providing an effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Section 125.572, Florida Statutes, is created to
111 read:
112 125.572 Regulation of synthetic turf.—
113 (1) As used in this section, the term “synthetic turf”
114 means a manufactured product that resembles natural grass and is
115 used as a surface for landscaping and recreational areas.
116 (2) The Department of Environmental Protection shall adopt
117 minimum standards for the installation of synthetic turf on
118 single-family residential properties 1 acre or less in size. The
119 standards must take into account material type, color,
120 permeability, stormwater management, potable water conservation,
121 water quality, proximity to trees and other vegetation, and
122 other factors impacting environmental conditions of adjacent
123 properties.
124 (3) Upon the Department of Environmental Protection
125 adopting rules pursuant to subsection (4), a local government
126 may not:
127 (a) Adopt or enforce any ordinance, resolution, order,
128 rule, or policy that prohibits, or is enforced to prohibit, a
129 property owner from installing synthetic turf that complies with
130 Department of Environmental Protection standards adopted
131 pursuant to this section which apply to single-family
132 residential property.
133 (b) Adopt or enforce any ordinance, resolution, order,
134 rule, or policy that regulates synthetic turf which is
135 inconsistent with the Department of Environmental Protection
136 standards adopted pursuant to this section which apply to
137 single-family residential property.
138 (4) The Department of Environmental Protection shall adopt
139 rules to implement this section.
140 Section 2. Section 218.755, Florida Statutes, is created to
141 read:
142 218.755 Prompt processing of change orders.—Beginning on or
143 after July 1, 2025, if a local governmental entity receives from
144 its contractor a price quote for a change order requested or
145 issued by the local governmental entity for construction
146 services, and the price quote conforms to all statutory
147 requirements and contractual requirements for the project, the
148 local governmental entity must approve or deny the price quote
149 and send written notice of that decision to the contractor
150 within 35 days after receipt of such quote. A denial notice must
151 specify the alleged deficiencies in the price quote and the
152 actions necessary to remedy those deficiencies. If the local
153 governmental entity fails to provide the contractor with a
154 notice in compliance with this section, the change order and
155 price quote are deemed approved, and the local governmental
156 entity must pay the contractor the amount stated in the price
157 quote upon the completion of the change order. A contract
158 between a local governmental entity and a contractor may not
159 alter the local governmental entity’s duties under this section.
160 Section 3. Paragraph (d) is added to subsection (2) of
161 section 255.0992, Florida Statutes, to read:
162 255.0992 Public works projects; prohibited governmental
163 actions.—
164 (2) Except as required by federal or state law, the state
165 or any political subdivision that contracts for a public works
166 project may not take the following actions:
167 (d) When scoring or evaluating bids for a public works
168 project, penalize a bidder for performing a larger volume of
169 construction work for the state or political subdivision or
170 reward a bidder for performing a smaller volume of construction
171 work for the state or political subdivision.
172 Section 4. Paragraph (b) of subsection (1) of section
173 399.035, Florida Statutes, is amended to read:
174 399.035 Elevator accessibility requirements for the
175 physically handicapped.—
176 (1) Each elevator, the installation of which is begun after
177 October 1, 1990, must be made accessible to physically
178 handicapped persons with the following requirements:
179 (b) Each elevator car interior must have a support rail on
180 at least one wall. All support rails must be smooth and have no
181 sharp edges and must not be more than 1 1/2 inches thick or 2
182 1/2 inches in diameter. At least one support rail Support rails
183 must be continuous and a minimum length of 42 inches overall.
184 The inside surface of support rails must be 1 1/2 inches clear
185 of the car wall. The distance from the top of the support rail
186 to the finished car floor must be at least 31 inches and not
187 more than 33 inches. Padded or tufted material or decorative
188 materials such as wallpaper, vinyl, cloth, or the like may not
189 be used on support rails.
190 Section 5. Paragraphs (j), (k), and (l) of subsection (3)
191 of section 489.105, Florida Statutes, are amended to read:
192 489.105 Definitions.—As used in this part:
193 (3) “Contractor” means the person who is qualified for, and
194 is only responsible for, the project contracted for and means,
195 except as exempted in this part, the person who, for
196 compensation, undertakes to, submits a bid to, or does himself
197 or herself or by others construct, repair, alter, remodel, add
198 to, demolish, subtract from, or improve any building or
199 structure, including related improvements to real estate, for
200 others or for resale to others; and whose job scope is
201 substantially similar to the job scope described in one of the
202 paragraphs of this subsection. For the purposes of regulation
203 under this part, the term “demolish” applies only to demolition
204 of steel tanks more than 50 feet in height; towers more than 50
205 feet in height; other structures more than 50 feet in height;
206 and all buildings or residences. Contractors are subdivided into
207 two divisions, Division I, consisting of those contractors
208 defined in paragraphs (a)-(c), and Division II, consisting of
209 those contractors defined in paragraphs (d)-(q):
210 (j) “Commercial pool/spa contractor” means a contractor
211 whose scope of work includes involves, but is not limited to,
212 all phases of the construction, repair, renovation, remodel,
213 deconstruction, and servicing of a any swimming pool, or hot
214 tub, or spa, splash pad or other interactive water feature,
215 decorative water feature, public bathing place, or swimming pool
216 or spa appurtenance, whether public, private, or otherwise,
217 regardless of use.
218 1. The scope of such work includes, but is not limited to,
219 all of the following:
220 a. The scope of work of a swimming pool/spa servicing
221 contractor.
222 b. The connection, replacement, disconnection, or
223 reconnection of power wiring on the load side of the dedicated
224 existing electrical circuit disconnect means for swimming pool,
225 spa, hot tub, or interactive water feature equipment.
226 c. The installation of equipotential bonding; swimming
227 pool, spa, or hot tub lighting; light transformers; light
228 conduit; and any cleaning or sanitizing equipment that requires
229 at least partial disassembling.
230 d. The construction of uninhabitable equipment rooms or
231 housing for swimming pool, spa, hot tub, or interactive water
232 feature equipment for the protection of the equipment from
233 outside elements or preventing unauthorized access.
234 e. The excavation and earthmoving required for the
235 installation of swimming pools, spas, hot tubs, or interactive
236 water features and the operation of construction pumps for
237 dewatering purposes for swimming pool, spa, hot tub, or
238 interactive water feature excavation sites and draining swimming
239 pools, spas, hot tubs, or interactive water features.
240 f. The installation of rebar or similar support materials
241 for swimming pool, spa, hot tub, or interactive water feature
242 structures, and the shaping and shooting of gunite dry mix and
243 wet mix, concrete, or similar product mix used in the
244 construction of swimming pools, spas, hot tubs, or interactive
245 water features.
246 g. The installation of fiberglass swimming pool, spa, or
247 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
248 h. The application and removal of all interior swimming
249 pool, spa, hot tub, or interactive water feature finishes.
250 i. The construction, maintenance, or remodel of decorative
251 or interactive water features, displays, or areas that use
252 recirculated water, including fountains, waterfalls, and spray
253 nozzles.
254 j. The installation of all swimming pool, spa, hot tub, or
255 interactive water feature piping, including, but not limited to,
256 drain piping, perimeter piping, and circulation or filter piping
257 used in the construction of swimming pools, spas, hot tubs, or
258 decorative or interactive water feature displays or areas.
259 k. The construction and installation of retaining walls,
260 concrete flatwork, pavers and bricks, and footings for the
261 construction of a swimming pool, spa, hot tub, or interactive
262 water feature, whether newly constructed or additions to or
263 remodels of existing swimming pools, spas, hot tubs, or
264 interactive water features The installation, repair, or
265 replacement of existing equipment, any cleaning or equipment
266 sanitizing that requires at least a partial disassembling,
267 excluding filter changes, and the installation of new pool/spa
268 equipment, interior finishes, the installation of package pool
269 heaters, the installation of all perimeter piping and filter
270 piping, and the construction of equipment rooms or housing for
271 pool/spa equipment, and also includes the scope of work of a
272 swimming pool/spa servicing contractor.
273 2. The scope of such work does not include direct
274 connections to a sanitary sewer system or to potable water
275 lines, the installation or upgrade of dedicated electrical
276 disconnect or electrical circuits, or any work inside a main
277 electrical panel. The installation, construction, modification,
278 or replacement of equipment permanently attached to and
279 associated with the pool or spa for the purpose of water
280 treatment or cleaning of the pool or spa requires licensure;
281 however,
282 3. The use usage of swimming pool, spa, hot tub, or
283 interactive water feature such equipment for the purposes of
284 water treatment or cleaning does not require licensure unless
285 such use the usage involves installation construction,
286 modification, or replacement of such equipment. Water treatment
287 that does not require such equipment; filter media changes; or
288 the cleaning of a swimming pool, spa, hot tub, or interactive
289 water feature, or its associated equipment, which does not
290 affect the structural integrity of the swimming pool, spa, hot
291 tub, or interactive water feature, does not require a license.
292 In addition, a license is not required for the cleaning of the
293 pool or spa in a way that does not affect the structural
294 integrity of the pool or spa or its associated equipment.
295 (k) “Residential pool/spa contractor” means a contractor
296 whose scope of work is the same as a commercial pool/spa
297 contractor under paragraph (j), except a residential pool/spa
298 contractor may not construct any new commercial swimming pool,
299 spa, hot tub, or public bathing place means a contractor whose
300 scope of work involves, but is not limited to, the construction,
301 repair, and servicing of a residential swimming pool, or hot tub
302 or spa, regardless of use. The scope of work includes the
303 installation, repair, or replacement of existing equipment, any
304 cleaning or equipment sanitizing that requires at least a
305 partial disassembling, excluding filter changes, and the
306 installation of new pool/spa equipment, interior finishes, the
307 installation of package pool heaters, the installation of all
308 perimeter piping and filter piping, and the construction of
309 equipment rooms or housing for pool/spa equipment, and also
310 includes the scope of work of a swimming pool/spa servicing
311 contractor. The scope of such work does not include direct
312 connections to a sanitary sewer system or to potable water
313 lines. The installation, construction, modification, or
314 replacement of equipment permanently attached to and associated
315 with the pool or spa for the purpose of water treatment or
316 cleaning of the pool or spa requires licensure; however, the
317 usage of such equipment for the purposes of water treatment or
318 cleaning does not require licensure unless the usage involves
319 construction, modification, or replacement of such equipment.
320 Water treatment that does not require such equipment does not
321 require a license. In addition, a license is not required for
322 the cleaning of the pool or spa in a way that does not affect
323 the structural integrity of the pool or spa or its associated
324 equipment.
325 (l) “Swimming pool/spa servicing contractor” means a
326 contractor whose scope of work includes involves, but is not
327 limited to, all aspects of the repair, renovation, remodeling,
328 or and servicing of a swimming pool, or hot tub, or spa, splash
329 pad or other interactive water feature, decorative water
330 feature, public bathing place, or swimming pool or spa
331 appurtenance, whether public or private, or otherwise,
332 regardless of use.
333 1. The scope of work includes, but is not limited to, all
334 of the following:
335 a. The installation, repair, or replacement of all swimming
336 pool, spa, hot tub, or interactive water feature equipment,
337 including, but not limited to, pool pumps; filters; feeders;
338 controllers; and swimming pool, spa, or hot tub heaters, whether
339 electric, gas, or solar.
340 b. The connection, replacement, disconnection, or
341 reconnection of power wiring on the load side of the dedicated
342 existing electrical circuit disconnect means for swimming pool,
343 spa, hot tub, or interactive water feature equipment.
344 c. The repair or replacement of equipotential bonding;
345 swimming pool, spa, or hot tub lighting; light transformers;
346 light conduit; and any cleaning or sanitizing equipment that
347 requires at least partial disassembling.
348 d. The repair of uninhabitable equipment rooms or housing
349 for swimming pool, spa, hot tub, or interactive water feature
350 equipment.
351 e. The repair or replacement of all perimeter piping and
352 filter piping.
353 f. The substantial or complete draining of a swimming pool,
354 spa, or hot tub for repair or renovation and the operation of
355 construction pumps for dewatering purposes for drained swimming
356 pools, spas, hot tubs, or interactive water features.
357 g. The removal and reapplication of all interior swimming
358 pool, spa, hot tub, or interactive water feature finishes.
359 h. The installation, repair, or replacement of all tile and
360 coping for a swimming pool, spa, hot tub, or interactive water
361 feature the repair or replacement of existing equipment, any
362 cleaning or equipment sanitizing that requires at least a
363 partial disassembling, excluding filter changes, and the
364 installation of new pool/spa equipment, interior refinishing,
365 the reinstallation or addition of pool heaters, the repair or
366 replacement of all perimeter piping and filter piping, the
367 repair of equipment rooms or housing for pool/spa equipment, and
368 the substantial or complete draining of a swimming pool, or hot
369 tub or spa, for the purpose of repair or renovation.
370 2. The scope of the such work does not include direct
371 connections to a sanitary sewer system or to potable water
372 lines, the installation or upgrade of dedicated electrical
373 disconnect or electrical circuits, or any work inside a main
374 electrical panel. The installation, construction, modification,
375 substantial or complete disassembly, or replacement of equipment
376 permanently attached to and associated with the pool or spa for
377 the purpose of water treatment or cleaning of the pool or spa
378 requires licensure; however,
379 3. The use usage of swimming pool, spa, hot tub, or
380 interactive water feature such equipment for the purposes of
381 water treatment or cleaning does not require licensure unless
382 such use the usage involves installation construction,
383 modification, substantial or complete disassembly, or
384 replacement of such equipment. Water treatment that does not
385 require such equipment; filter media changes; or the cleaning of
386 a swimming pool, spa, hot tub, or interactive water feature, or
387 its associated equipment which does not affect the structural
388 integrity of the swimming pool, spa, hot tub, or interactive
389 water feature does not require a license. In addition, a license
390 is not required for the cleaning of the pool or spa in a way
391 that does not affect the structural integrity of the pool or spa
392 or its associated equipment.
393 Section 6. Paragraph (c) of subsection (3) of section
394 489.113, Florida Statutes, is amended to read:
395 489.113 Qualifications for practice; restrictions.—
396 (3) A contractor shall subcontract all electrical,
397 mechanical, plumbing, roofing, sheet metal, swimming pool, and
398 air-conditioning work, unless such contractor holds a state
399 certificate or registration in the respective trade category,
400 however:
401 (c) A general or building contractor may shall not be
402 required to subcontract structural swimming pool or pool wet
403 deck area work. All other swimming pool work must shall be
404 subcontracted to an appropriately licensed certified or
405 registered swimming pool contractor. For the purposes of this
406 paragraph, the term “pool wet deck area” means the 4-foot-wide
407 unobstructed pool deck area around the outside of the pool water
408 perimeter, curb, ladders, handrails, diving boards, diving
409 towers, pool slides, waterfalls, water features, starting
410 blocks, planters, or lifeguard chairs.
411 Section 7. Subsection (7) of section 489.505, Florida
412 Statutes, is amended to read:
413 489.505 Definitions.—As used in this part:
414 (7) “Certified alarm system contractor” means an alarm
415 system contractor who possesses a certificate of competency
416 issued by the department. The scope of certification is limited
417 to alarm circuits originating in the alarm control panel and
418 equipment governed by the applicable provisions of Articles 722,
419 725, 760, 770, 800, and 810 of the National Electrical Code,
420 Current Edition, and National Fire Protection Association
421 Standard 72, Current Edition. The scope of certification for
422 alarm system contractors also includes the installation, repair,
423 fabrication, erection, alteration, addition, or design of
424 electrical wiring, fixtures, appliances, thermostats, apparatus,
425 raceways, and conduit, or any part thereof not to exceed 98
426 volts (RMS), when those items are for the purpose of
427 transmitting data or proprietary video (satellite systems that
428 are not part of a community antenna television or radio
429 distribution system) or providing central vacuum capability,
430 surveillance cameras, or electric locks; however, this provision
431 governing the scope of certification does not create any
432 mandatory licensure requirement.
433 Section 8. Subsections (2) and (10) of section 553.73,
434 Florida Statutes, are amended to read:
435 553.73 Florida Building Code.—
436 (2)(a) The Florida Building Code shall contain provisions
437 or requirements for public and private buildings, structures,
438 and facilities relative to structural, mechanical, electrical,
439 plumbing, energy, and gas systems, existing buildings,
440 historical buildings, manufactured buildings, elevators, coastal
441 construction, lodging facilities, food sales and food service
442 facilities, health care facilities, including assisted living
443 facilities, adult day care facilities, hospice residential and
444 inpatient facilities and units, and facilities for the control
445 of radiation hazards, public or private educational facilities,
446 swimming pools, and correctional facilities and enforcement of
447 and compliance with such provisions or requirements. Further,
448 the Florida Building Code must provide for uniform
449 implementation of ss. 515.25, 515.27, and 515.29 by including
450 standards and criteria for residential swimming pool barriers,
451 pool covers, latching devices, door and window exit alarms, and
452 other equipment required therein, which are consistent with the
453 intent of s. 515.23. Technical provisions to be contained within
454 the Florida Building Code are restricted to requirements related
455 to the types of materials used and construction methods and
456 standards employed in order to meet criteria specified in the
457 Florida Building Code. Provisions relating to the personnel,
458 supervision or training of personnel, or any other professional
459 qualification requirements relating to contractors or their
460 workforce may not be included within the Florida Building Code,
461 and subsections (4) and (6)-(9), (6), (7), (8), and (9) are not
462 to be construed to allow the inclusion of such provisions within
463 the Florida Building Code by amendment. This restriction applies
464 to both initial development and amendment of the Florida
465 Building Code.
466 (b) By January 1, 2026, or the next update of the Florida
467 Building Code, whichever occurs first, the commission shall
468 amend the Florida Building Code to be consistent with the 2024
469 International Building Code that recognizes tall mass timber as
470 an allowable material for construction types IV-A, IV-B, IV-C,
471 and IV-HT.
472 (10) The following buildings, structures, and facilities
473 are exempt from the Florida Building Code as provided by law,
474 and any further exemptions shall be as determined by the
475 Legislature and provided by law:
476 (a) Buildings and structures specifically regulated and
477 preempted by the Federal Government.
478 (b) Railroads and ancillary facilities associated with the
479 railroad.
480 (c) Nonresidential farm buildings on farms.
481 (d) Temporary buildings or sheds used exclusively for
482 construction purposes.
483 (e) Mobile or modular structures used as temporary offices,
484 except that the provisions of part II relating to accessibility
485 by persons with disabilities apply to such mobile or modular
486 structures.
487 (f) Those structures or facilities of electric utilities,
488 as defined in s. 366.02, which are directly involved in the
489 generation, transmission, or distribution of electricity.
490 (g) Temporary sets, assemblies, or structures used in
491 commercial motion picture or television production, or any
492 sound-recording equipment used in such production, on or off the
493 premises.
494 (h) Storage sheds that are not designed for human
495 habitation and that have a floor area of 720 square feet or less
496 are not required to comply with the mandatory wind-borne-debris
497 impact standards of the Florida Building Code. In addition, such
498 buildings that are 400 square feet or less and that are intended
499 for use in conjunction with one- and two-family residences are
500 not subject to the door height and width requirements of the
501 Florida Building Code.
502 (i) Chickees constructed by the Miccosukee Tribe of Indians
503 of Florida or the Seminole Tribe of Florida. As used in this
504 paragraph, the term “chickee” means an open-sided wooden hut
505 that has a thatched roof of palm or palmetto or other
506 traditional materials, and that does not incorporate any
507 electrical, plumbing, or other nonwood features.
508 (j) Family mausoleums not exceeding 250 square feet in area
509 which are prefabricated and assembled on site or preassembled
510 and delivered on site and have walls, roofs, and a floor
511 constructed of granite, marble, or reinforced concrete.
512 (k) A building or structure having less than 1,000 square
513 feet which is constructed and owned by a natural person for
514 hunting and which is repaired or reconstructed to the same
515 dimension and condition as existed on January 1, 2011, if the
516 building or structure:
517 1. Is not rented or leased or used as a principal
518 residence;
519 2. Is not located within the 100-year floodplain according
520 to the Federal Emergency Management Agency’s current Flood
521 Insurance Rate Map; and
522 3. Is not connected to an offsite electric power or water
523 supply.
524 (l) A drone port as defined in s. 330.41(2).
525 (m) Any system or equipment, whether affixed or movable,
526 which is located on property within a spaceport territory
527 pursuant to s. 331.304 and which is used for the production,
528 erection, alteration, modification, repair, launch, processing,
529 recovery, transport, integration, fueling, conditioning, or
530 equipping of a space launch vehicle, payload, or spacecraft.
531
532 With the exception of paragraphs (a), (b), (c), and (f), in
533 order to preserve the health, safety, and welfare of the public,
534 the Florida Building Commission may, by rule adopted pursuant to
535 chapter 120, provide for exceptions to the broad categories of
536 buildings exempted in this section, including exceptions for
537 application of specific sections of the code or standards
538 adopted therein. The Department of Agriculture and Consumer
539 Services shall have exclusive authority to adopt by rule,
540 pursuant to chapter 120, exceptions to nonresidential farm
541 buildings exempted in paragraph (c) when reasonably necessary to
542 preserve public health, safety, and welfare. The exceptions must
543 be based upon specific criteria, such as under-roof floor area,
544 aggregate electrical service capacity, HVAC system capacity, or
545 other building requirements. Further, the commission may
546 recommend to the Legislature additional categories of buildings,
547 structures, or facilities which should be exempted from the
548 Florida Building Code, to be provided by law. The Florida
549 Building Code does not apply to temporary housing provided by
550 the Department of Corrections to any prisoner in the state
551 correctional system.
552 Section 9. Paragraph (f) of subsection (1) of 553.79,
553 Florida Statutes, is amended, and subsection (11) of that
554 section is reenacted, to read:
555 553.79 Permits; applications; issuance; inspections.—
556 (1)
557 (f) A local government may not require a contract between a
558 builder and an owner, any copies of such contract, or any
559 associated document, including, but not limited to, letters of
560 intent, material costs lists, labor costs, or overhead or profit
561 statements, for the issuance of a building permit or as a
562 requirement for the submission of a building permit application.
563 (11) Any state agency whose enabling legislation authorizes
564 it to enforce provisions of the Florida Building Code may enter
565 into an agreement with any other unit of government to delegate
566 its responsibility to enforce those provisions and may expend
567 public funds for permit and inspection fees, which fees may be
568 no greater than the fees charged others. Inspection services
569 that are not required to be performed by a state agency under a
570 federal delegation of responsibility or by a state agency under
571 the Florida Building Code must be performed under the
572 alternative plans review and inspection process created in s.
573 553.791 or by a local governmental entity having authority to
574 enforce the Florida Building Code.
575 Section 10. Paragraphs (l) and (q) of subsection (1) and
576 subsections (5) through (8) of section 553.791, Florida
577 Statutes, are amended to read:
578 553.791 Alternative plans review and inspection.—
579 (1) As used in this section, the term:
580 (l) “Permit application” means a properly completed and
581 submitted application for the requested building or construction
582 permit, including:
583 1. The plans reviewed by the private provider, or in the
584 case of a single-trade plan review where a private provider uses
585 an automated or software-based plans review system pursuant to
586 subsection (6), the information reviewed by the automated or
587 software-based plans review system to determine compliance with
588 one or more applicable codes.
589 2. The affidavit from the private provider required under
590 subsection (6).
591 3. Any applicable fees.
592 4. Any documents required by the local building official to
593 determine that the fee owner has secured all other government
594 approvals required by law.
595 (q) “Single-trade inspection” or “single-trade plans
596 review” means any inspection or plans review focused on a single
597 construction trade, such as plumbing, mechanical, or electrical.
598 The term includes, but is not limited to, inspections or plans
599 review of door or window replacements; fences and block walls
600 more than 6 feet high from the top of the wall to the bottom of
601 the footing; stucco or plastering; reroofing with no structural
602 alteration; solar energy and energy storage installations or
603 alterations; HVAC replacements; ductwork or fan replacements;
604 alteration or installation of wiring, lighting, and service
605 panels; water heater changeouts; sink replacements; and
606 repiping.
607 (5) After construction has commenced and if either the
608 local building official is unable to provide inspection services
609 in a timely manner or the work subject to inspection is related
610 to a single-trade inspection for a single-family or two-family
611 dwelling, the fee owner or the fee owner’s contractor may elect
612 to use a private provider to provide inspection services by
613 notifying the local building official of the owner’s or
614 contractor’s intention to do so by 2 p.m. local time, 2 business
615 days before the next scheduled inspection using the notice
616 provided for in paragraphs (4)(a)-(c).
617 (6) A private provider performing plans review under this
618 section shall review the plans to determine compliance with the
619 applicable codes. For single-trade plans reviews, a private
620 provider may use an automated or software-based plans review
621 system designed to determine compliance with one or more
622 applicable codes, including, but not limited to, the National
623 Electrical Code and the Florida Building Code. Upon determining
624 that the plans reviewed comply with the applicable codes, the
625 private provider shall prepare an affidavit or affidavits
626 certifying, under oath, that the following is true and correct
627 to the best of the private provider’s knowledge and belief:
628 (a) The plans were reviewed by the affiant, who is duly
629 authorized to perform plans review pursuant to this section and
630 holds the appropriate license or certificate.
631 (b) The plans comply with the applicable codes.
632
633 Such affidavit may bear a written or electronic signature and
634 may be submitted electronically to the local building official.
635 (7)(a) No more than 20 business days, or if the permit
636 application is related to a single-trade plans review for a
637 single-family or two-family dwelling, no more than 5 business
638 days, after receipt of a permit application and the affidavit
639 from the private provider required pursuant to subsection (6),
640 the local building official shall issue the requested permit or
641 provide a written notice to the permit applicant identifying the
642 specific plan features that do not comply with the applicable
643 codes, as well as the specific code chapters and sections. If
644 the local building official does not provide a written notice of
645 the plan deficiencies within the prescribed time 20-day period,
646 the permit application must shall be deemed approved as a matter
647 of law, and the permit must shall be issued by the local
648 building official on the next business day.
649 (b) If the local building official provides a written
650 notice of plan deficiencies to the permit applicant within the
651 prescribed time 20-day period, the time 20-day period is shall
652 be tolled pending resolution of the matter. To resolve the plan
653 deficiencies, the permit applicant may elect to dispute the
654 deficiencies pursuant to subsection (15) or to submit revisions
655 to correct the deficiencies.
656 (c) If the permit applicant submits revisions, the local
657 building official has the remainder of the tolled time 20-day
658 period plus 5 business days after from the date of resubmittal
659 to issue the requested permit or to provide a second written
660 notice to the permit applicant stating which of the previously
661 identified plan features remain in noncompliance with the
662 applicable codes, with specific reference to the relevant code
663 chapters and sections. Any subsequent review by the local
664 building official is limited to the deficiencies cited in the
665 written notice. If the local building official does not provide
666 the second written notice within the prescribed time period, the
667 permit must shall be deemed approved as a matter of law, and the
668 local building official must issue the permit on the next
669 business day.
670 (d) If the local building official provides a second
671 written notice of plan deficiencies to the permit applicant
672 within the prescribed time period, the permit applicant may
673 elect to dispute the deficiencies pursuant to subsection (15) or
674 to submit additional revisions to correct the deficiencies. For
675 all revisions submitted after the first revision, the local
676 building official has an additional 5 business days after from
677 the date of resubmittal to issue the requested permit or to
678 provide a written notice to the permit applicant stating which
679 of the previously identified plan features remain in
680 noncompliance with the applicable codes, with specific reference
681 to the relevant code chapters and sections.
682 (8) A private provider performing required inspections
683 under this section shall inspect each phase of construction as
684 required by the applicable codes. Such inspection, including a
685 single-trade inspection, may be performed in person in-person or
686 virtually. The private provider may have a duly authorized
687 representative perform the required inspections, provided all
688 required reports are prepared by and bear the written or
689 electronic signature of the private provider or the private
690 provider’s duly authorized representative. The duly authorized
691 representative must be an employee of the private provider
692 entitled to receive reemployment assistance benefits under
693 chapter 443. The contractor’s contractual or legal obligations
694 are not relieved by any action of the private provider.
695 Section 11. Subsection (3) of section 497.271, Florida
696 Statutes, is amended to read:
697 497.271 Standards for construction and significant
698 alteration or renovation of mausoleums and columbaria.—
699 (3) The licensing authority shall transmit the rules as
700 adopted under subsection (2), hereinafter referred to as the
701 “mausoleum standards,” to the Florida Building Commission, which
702 shall initiate rulemaking under chapter 120 to consider such
703 mausoleum standards. If such mausoleum standards are not deemed
704 acceptable, they must shall be returned by the Florida Building
705 Commission to the licensing authority with details of changes
706 needed to make them acceptable. If such mausoleum standards are
707 acceptable, the Florida Building Commission must shall adopt a
708 rule designating the mausoleum standards as an approved revision
709 to the State Minimum Building Codes under part IV of chapter
710 553. When so designated by the Florida Building Commission, such
711 mausoleum standards shall become a required element of the State
712 Minimum Building Codes under s. 553.73(2)(a) s. 553.73(2) and
713 shall be transmitted to each local enforcement agency, as
714 defined in s. 553.71(5). Such local enforcement agency shall
715 consider and inspect for compliance with such mausoleum
716 standards as if they were part of the local building code, but
717 shall have no continuing duty to inspect after final approval of
718 the construction pursuant to the local building code. Any
719 further amendments to the mausoleum standards shall be
720 accomplished by the same procedure. Such designated mausoleum
721 standards, as from time to time amended, shall be a part of the
722 State Minimum Building Codes under s. 553.73 until the adoption
723 and effective date of a new statewide uniform minimum building
724 code, which may supersede the mausoleum standards as provided by
725 the law enacting the new statewide uniform minimum building
726 code.
727 Section 12. For the purpose of incorporating the amendment
728 made by this act to section 489.105, Florida Statutes, in a
729 reference thereto, paragraph (b) of subsection (4) of section
730 489.107, Florida Statutes, is reenacted to read:
731 489.107 Construction Industry Licensing Board.—
732 (4) The board shall be divided into two divisions, Division
733 I and Division II.
734 (b) Division II is comprised of the roofing contractor,
735 sheet metal contractor, air-conditioning contractor, mechanical
736 contractor, pool contractor, plumbing contractor, and
737 underground utility and excavation contractor members of the
738 board; one of the members appointed pursuant to paragraph
739 (2)(j); and one of the members appointed pursuant to paragraph
740 (2)(k). Division II has jurisdiction over the regulation of
741 contractors defined in s. 489.105(3)(d)-(p).
742 Section 13. For the purpose of incorporating the amendment
743 made by this act to section 489.105, Florida Statutes, in a
744 reference thereto, subsection (2) of section 489.113, Florida
745 Statutes, is reenacted to read:
746 489.113 Qualifications for practice; restrictions.—
747 (2) A person must be certified or registered in order to
748 engage in the business of contracting in this state. However,
749 for purposes of complying with the provisions of this chapter, a
750 subcontractor who is not certified or registered may perform
751 construction work under the supervision of a person who is
752 certified or registered, provided that the work is within the
753 scope of the supervising contractor’s license, the supervising
754 contractor is responsible for the work, and the subcontractor
755 being supervised is not engaged in construction work that would
756 require a license as a contractor under any of the categories
757 listed in s. 489.105(3)(d)-(o). This subsection does not affect
758 the application of any local construction licensing ordinances.
759 To enforce this subsection:
760 (a) The department shall issue a cease and desist order to
761 prohibit any person from engaging in the business of contracting
762 who does not hold the required certification or registration for
763 the work being performed under this part. For the purpose of
764 enforcing a cease and desist order, the department may file a
765 proceeding in the name of the state seeking issuance of an
766 injunction or a writ of mandamus against any person who violates
767 any provision of such order.
768 (b) A county, municipality, or local licensing board
769 created by special act may issue a cease and desist order to
770 prohibit any person from engaging in the business of contracting
771 who does not hold the required certification or registration for
772 the work being performed under this part.
773 Section 14. For the purpose of incorporating the amendment
774 made by this act to section 489.105, Florida Statutes, in
775 references thereto, paragraph (a) of subsection (1), paragraphs
776 (a) and (b) of subsection (2), and paragraphs (a), (d), and (e)
777 of subsection (4) of section 489.117, Florida Statutes, are
778 reenacted to read:
779 489.117 Registration; specialty contractors.—
780 (1)(a) A person engaged in the business of a contractor as
781 defined in s. 489.105(3)(a)-(o) must be registered before
782 engaging in business as a contractor in this state, unless he or
783 she is certified. Except as provided in paragraph (2)(b), to be
784 initially registered, the applicant must submit the required fee
785 and file evidence of successful compliance with the local
786 examination and licensing requirements, if any, in the area for
787 which registration is desired. An examination is not required
788 for registration.
789 (2)(a) Except as provided in paragraph (b), the board may
790 not issue a new registration after July 1, 1993, based on any
791 certificate of competency or license for a category of
792 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
793 municipal or county government that does not exercise
794 disciplinary control and oversight over such locally licensed
795 contractors, including forwarding a recommended order in each
796 action to the board as provided in s. 489.131(7). For purposes
797 of this subsection and s. 489.131(10), the board shall determine
798 the adequacy of such disciplinary control by reviewing the local
799 government’s ability to process and investigate complaints and
800 to take disciplinary action against locally licensed
801 contractors.
802 (b) The board shall issue a registration to an eligible
803 applicant to engage in the business of a contractor in a
804 specified local jurisdiction, provided each of the following
805 conditions are satisfied:
806 1. The applicant held, in any local jurisdiction in this
807 state during 2021, 2022, or 2023, a certificate of registration
808 issued by the state or a local license issued by a local
809 jurisdiction to perform work in a category of contractor defined
810 in s. 489.105(3)(a)-(o).
811 2. The applicant submits all of the following to the board:
812 a. Evidence of the certificate of registration or local
813 license held by the applicant as required by subparagraph 1.
814 b. Evidence that the specified local jurisdiction does not
815 have a license type available for the category of work for which
816 the applicant was issued a certificate of registration or local
817 license during 2021, 2022, or 2023, such as a notification on
818 the website of the local jurisdiction or an e-mail or letter
819 from the office of the local building official or local building
820 department stating that such license type is not available in
821 that local jurisdiction.
822 c. Evidence that the applicant has submitted the required
823 fee.
824 d. Evidence of compliance with the insurance and financial
825 responsibility requirements of s. 489.115(5).
826
827 An examination is not required for an applicant seeking a
828 registration under this paragraph.
829 (4)(a)1. A person whose job scope does not substantially
830 correspond to either the job scope of one of the contractor
831 categories defined in s. 489.105(3)(a)-(o), or the job scope of
832 one of the certified specialty contractor categories established
833 by board rule, is not required to register with the board. A
834 local government, as defined in s. 163.211, may not require a
835 person to obtain a license, issued by the local government or
836 the state, for a job scope which does not substantially
837 correspond to the job scope of one of the contractor categories
838 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
839 489.1455(1), or the job scope of one of the certified specialty
840 contractor categories established pursuant to s. 489.113(6). A
841 local government may not require a state or local license to
842 obtain a permit for such job scopes. For purposes of this
843 section, job scopes for which a local government may not require
844 a license include, but are not limited to, painting; flooring;
845 cabinetry; interior remodeling when the scope of the project
846 does not include a task for which a state license is required;
847 driveway or tennis court installation; handyman services;
848 decorative stone, tile, marble, granite, or terrazzo
849 installation; plastering; pressure washing; stuccoing; caulking;
850 and canvas awning and ornamental iron installation.
851 2. A county that includes an area designated as an area of
852 critical state concern under s. 380.05 may offer a license for
853 any job scope which requires a contractor license under this
854 part if the county imposed such a licensing requirement before
855 January 1, 2021.
856 3. A local government may continue to offer a license for
857 veneer, including aluminum or vinyl gutters, siding, soffit, or
858 fascia; rooftop painting, coating, and cleaning above three
859 stories in height; or fence installation and erection if the
860 local government imposed such a licensing requirement before
861 January 1, 2021.
862 4. A local government may not require a license as a
863 prerequisite to submit a bid for public works projects if the
864 work to be performed does not require a license under general
865 law.
866 (d) Any person who is not required to obtain registration
867 or certification pursuant to s. 489.105(3)(d)-(o) may perform
868 contracting services for the construction, remodeling, repair,
869 or improvement of single-family residences, including a
870 townhouse as defined in the Florida Building Code, without
871 obtaining a local license if such person is under the
872 supervision of a certified or registered general, building, or
873 residential contractor. As used in this paragraph, supervision
874 shall not be deemed to require the existence of a direct
875 contract between the certified or registered general, building,
876 or residential contractor and the person performing specialty
877 contracting services.
878 (e) Any person who is not certified or registered may
879 perform the work of a specialty contractor whose scope of
880 practice is limited to the type of work specified under s.
881 489.105(3)(j), (k), or (l) for the construction, remodeling,
882 repair, or improvement of commercial or residential swimming
883 pools, interactive water features as defined in the Florida
884 Building Code, hot tubs, and spas without obtaining a local
885 license or certification as a specialty contractor if he or she
886 is supervised by a contractor who is certified or registered
887 under s. 489.105(3)(j), (k), or (l); the work is within the
888 scope of the supervising contractor’s license; the supervising
889 contractor is responsible for the work; and the work does not
890 require certification or registration under s. 489.105(3)(d)
891 (i), (m)-(o), or s. 489.505. Such supervision does not require a
892 direct contract between the contractor certified or registered
893 under s. 489.105(3)(j), (k), or (l) and the person performing
894 the work, or for the person performing the work to be an
895 employee of the contractor certified or registered under s.
896 489.105(3)(j), (k), or (l). This paragraph does not limit the
897 exemptions provided in s. 489.103 and may not be construed to
898 expand the scope of a contractor certified or registered under
899 s. 489.105(3)(j), (k), or (l) to provide plumbing or electrical
900 services for which certification or registration is required by
901 this part or part II.
902 Section 15. For the purpose of incorporating the amendment
903 made by this act to section 489.105, Florida Statutes, in a
904 reference thereto, subsection (1) of section 489.118, Florida
905 Statutes, is reenacted to read:
906 489.118 Certification of registered contractors;
907 grandfathering provisions.—The board shall, upon receipt of a
908 completed application and appropriate fee, issue a certificate
909 in the appropriate category to any contractor registered under
910 this part who makes application to the board and can show that
911 he or she meets each of the following requirements:
912 (1) Currently holds a valid registered local license in one
913 of the contractor categories defined in s. 489.105(3)(a)-(p).
914 Section 16. For the purpose of incorporating the amendment
915 made by this act to section 489.105, Florida Statutes, in
916 references thereto, subsections (10) and (11) of section
917 489.131, Florida Statutes, are reenacted to read:
918 489.131 Applicability.—
919 (10) No municipal or county government may issue any
920 certificate of competency or license for any contractor defined
921 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
922 government exercises disciplinary control and oversight over
923 such locally licensed contractors, including forwarding a
924 recommended order in each action to the board as provided in
925 subsection (7). Each local board that licenses and disciplines
926 contractors must have at least two consumer representatives on
927 that board. If the board has seven or more members, at least
928 three of those members must be consumer representatives. The
929 consumer representative may be any resident of the local
930 jurisdiction who is not, and has never been, a member or
931 practitioner of a profession regulated by the board or a member
932 of any closely related profession.
933 (11) Any municipal or county government which enters or has
934 in place a reciprocal agreement which accepts a certificate of
935 competency or license issued by another municipal or county
936 government in lieu of its own certificate of competency or
937 license allowing contractors defined in s. 489.105(3)(a)-(o),
938 shall file a certified copy of such agreement with the board not
939 later than 60 days after July 1, 1993, or 30 days after the
940 effective date of such agreement.
941 Section 17. For the purpose of incorporating the amendment
942 made by this act to section 489.105, Florida Statutes, in a
943 reference thereto, subsection (2) of section 489.141, Florida
944 Statutes, is reenacted to read:
945 489.141 Conditions for recovery; eligibility.—
946 (2) A claimant is not qualified to make a claim for
947 recovery from the recovery fund if:
948 (a) The claimant is the spouse of the judgment debtor or
949 licensee or a personal representative of such spouse;
950 (b) The claimant is a licensee who acted as the contractor
951 in the transaction that is the subject of the claim;
952 (c) The claim is based upon a construction contract in
953 which the licensee was acting with respect to the property owned
954 or controlled by the licensee;
955 (d) The claim is based upon a construction contract in
956 which the contractor did not hold a valid and current license at
957 the time of the construction contract;
958 (e) The claimant was associated in a business relationship
959 with the licensee other than the contract at issue; or
960 (f) The claimant had entered into a contract with a
961 licensee to perform a scope of work described in s.
962 489.105(3)(d)-(q) before July 1, 2016.
963 Section 18. For the purpose of incorporating the amendment
964 made by this act to section 489.105, Florida Statutes, in a
965 reference thereto, subsection (3) of section 514.0315, Florida
966 Statutes, is reenacted to read:
967 514.0315 Required safety features for public swimming pools
968 and spas.—
969 (3) The determination and selection of a feature under
970 subsection (2) for a public swimming pool or spa constructed
971 before January 1, 1993, is at the sole discretion of the owner
972 or operator of the public swimming pool or spa. A licensed
973 contractor described in s. 489.105(3)(j), (k), or (l) must
974 install the feature.
975 Section 19. For the purpose of incorporating the amendment
976 made by this act to section 489.105, Florida Statutes, in a
977 reference thereto, section 514.075, Florida Statutes, is
978 reenacted to read:
979 514.075 Public pool service technician; certification.—The
980 department may require that a public pool, as defined in s.
981 514.011, be serviced by a person certified as a pool service
982 technician. To be certified, an individual must demonstrate
983 knowledge of public pools which includes, but is not limited to:
984 pool cleaning; general pool maintenance; source of the water
985 supply; bacteriological, chemical, and physical quality of
986 water; and water purification, testing, treatment, and
987 disinfection procedures. The department may, by rule, establish
988 the requirement for the certification course and course
989 approval. The department shall deem certified any individual who
990 is certified by a course of national recognition or any person
991 licensed under s. 489.105(3)(j), (k), or (l). This requirement
992 does not apply to a person, or the direct employee of a person,
993 permitted as a public pool operator under s. 514.031.
994 Section 20. For the purpose of incorporating the amendment
995 made by this act to section 489.505, Florida Statutes, in a
996 reference thereto, subsection (2) of section 201.21, Florida
997 Statutes, is reenacted to read:
998 201.21 Notes and other written obligations exempt under
999 certain conditions.—
1000 (2) There shall be exempt from all excise taxes imposed by
1001 this chapter all non-interest-bearing promissory notes, non
1002 interest-bearing nonnegotiable notes, or non-interest-bearing
1003 written obligations to pay money, or assignments of salaries,
1004 wages, or other compensation made, executed, delivered, sold,
1005 transferred, or assigned in the state, and for each renewal of
1006 the same, of $3,500 or less, when given by a customer to an
1007 alarm system contractor, as defined in s. 489.505, in connection
1008 with the sale of an alarm system as defined in s. 489.505.
1009 Section 21. For the purpose of incorporating the amendment
1010 made by this act to section 553.791, Florida Statutes, in a
1011 reference thereto, paragraph (a) of subsection (4) of section
1012 177.073, Florida Statutes, is reenacted to read:
1013 177.073 Expedited approval of residential building permits
1014 before a final plat is recorded.—
1015 (4)(a) An applicant may use a private provider pursuant to
1016 s. 553.791 to expedite the application process for building
1017 permits after a preliminary plat is approved under this section.
1018 Section 22. For the purpose of incorporating the amendment
1019 made by this act to section 553.791, Florida Statutes, in
1020 references thereto, paragraphs (i) and (j) of subsection (1) of
1021 section 468.621, Florida Statutes, are reenacted to read:
1022 468.621 Disciplinary proceedings.—
1023 (1) The following acts constitute grounds for which the
1024 disciplinary actions in subsection (2) may be taken:
1025 (i) Failing to lawfully execute the duties and
1026 responsibilities specified in this part and ss. 553.73, 553.781,
1027 553.79, and 553.791.
1028 (j) Performing building code inspection services under s.
1029 553.791 without satisfying the insurance requirements of that
1030 section.
1031 Section 23. For the purpose of incorporating the amendment
1032 made by this act to section 553.791, Florida Statutes, in a
1033 reference thereto, paragraph (l) of subsection (1) of section
1034 471.033, Florida Statutes, is reenacted to read:
1035 471.033 Disciplinary proceedings.—
1036 (1) The following acts constitute grounds for which the
1037 disciplinary actions in subsection (3) may be taken:
1038 (l) Performing building code inspection services under s.
1039 553.791, without satisfying the insurance requirements of that
1040 section.
1041 Section 24. For the purpose of incorporating the amendment
1042 made by this act to section 553.791, Florida Statutes, in a
1043 reference thereto, paragraph (l) of subsection (1) of section
1044 481.225, Florida Statutes, is reenacted to read:
1045 481.225 Disciplinary proceedings against registered
1046 architects.—
1047 (1) The following acts constitute grounds for which the
1048 disciplinary actions in subsection (3) may be taken:
1049 (l) Performing building code inspection services under s.
1050 553.791, without satisfying the insurance requirements of that
1051 section.
1052 Section 25. For the purpose of incorporating the amendment
1053 made by this act to section 553.791, Florida Statutes, in a
1054 reference thereto, paragraph (a) of subsection (7) of section
1055 553.80, Florida Statutes, is reenacted to read:
1056 553.80 Enforcement.—
1057 (7)(a) The governing bodies of local governments may
1058 provide a schedule of reasonable fees, as authorized by s.
1059 125.56(2) or s. 166.222 and this section, for enforcing this
1060 part. These fees, and any fines or investment earnings related
1061 to the fees, may only be used for carrying out the local
1062 government’s responsibilities in enforcing the Florida Building
1063 Code. When providing a schedule of reasonable fees, the total
1064 estimated annual revenue derived from fees, and the fines and
1065 investment earnings related to the fees, may not exceed the
1066 total estimated annual costs of allowable activities. Any
1067 unexpended balances must be carried forward to future years for
1068 allowable activities or must be refunded at the discretion of
1069 the local government. A local government may not carry forward
1070 an amount exceeding the average of its operating budget for
1071 enforcing the Florida Building Code for the previous 4 fiscal
1072 years. For purposes of this subsection, the term “operating
1073 budget” does not include reserve amounts. Any amount exceeding
1074 this limit must be used as authorized in subparagraph 2.
1075 However, a local government that established, as of January 1,
1076 2019, a Building Inspections Fund Advisory Board consisting of
1077 five members from the construction stakeholder community and
1078 carries an unexpended balance in excess of the average of its
1079 operating budget for the previous 4 fiscal years may continue to
1080 carry such excess funds forward upon the recommendation of the
1081 advisory board. The basis for a fee structure for allowable
1082 activities must relate to the level of service provided by the
1083 local government and must include consideration for refunding
1084 fees due to reduced services based on services provided as
1085 prescribed by s. 553.791, but not provided by the local
1086 government. Fees charged must be consistently applied.
1087 1. As used in this subsection, the phrase “enforcing the
1088 Florida Building Code” includes the direct costs and reasonable
1089 indirect costs associated with review of building plans,
1090 building inspections, reinspections, and building permit
1091 processing; building code enforcement; and fire inspections
1092 associated with new construction. The phrase may also include
1093 training costs associated with the enforcement of the Florida
1094 Building Code and enforcement action pertaining to unlicensed
1095 contractor activity to the extent not funded by other user fees.
1096 2. A local government must use any excess funds that it is
1097 prohibited from carrying forward to rebate and reduce fees, to
1098 upgrade technology hardware and software systems to enhance
1099 service delivery, to pay for the construction of a building or
1100 structure that houses a local government’s building code
1101 enforcement agency, or for training programs for building
1102 officials, inspectors, or plans examiners associated with the
1103 enforcement of the Florida Building Code. Excess funds used to
1104 construct such a building or structure must be designated for
1105 such purpose by the local government and may not be carried
1106 forward for more than 4 consecutive years. An owner or builder
1107 who has a valid building permit issued by a local government for
1108 a fee, or an association of owners or builders located in the
1109 state that has members with valid building permits issued by a
1110 local government for a fee, may bring a civil action against the
1111 local government that issued the permit for a fee to enforce
1112 this subparagraph.
1113 3. The following activities may not be funded with fees
1114 adopted for enforcing the Florida Building Code:
1115 a. Planning and zoning or other general government
1116 activities.
1117 b. Inspections of public buildings for a reduced fee or no
1118 fee.
1119 c. Public information requests, community functions,
1120 boards, and any program not directly related to enforcement of
1121 the Florida Building Code.
1122 d. Enforcement and implementation of any other local
1123 ordinance, excluding validly adopted local amendments to the
1124 Florida Building Code and excluding any local ordinance directly
1125 related to enforcing the Florida Building Code as defined in
1126 subparagraph 1.
1127 4. A local government must use recognized management,
1128 accounting, and oversight practices to ensure that fees, fines,
1129 and investment earnings generated under this subsection are
1130 maintained and allocated or used solely for the purposes
1131 described in subparagraph 1.
1132 5. The local enforcement agency, independent district, or
1133 special district may not require at any time, including at the
1134 time of application for a permit, the payment of any additional
1135 fees, charges, or expenses associated with:
1136 a. Providing proof of licensure under chapter 489;
1137 b. Recording or filing a license issued under this chapter;
1138 c. Providing, recording, or filing evidence of workers’
1139 compensation insurance coverage as required by chapter 440; or
1140 d. Charging surcharges or other similar fees not directly
1141 related to enforcing the Florida Building Code.
1142 Section 26. This act shall take effect July 1, 2025.