Florida Senate - 2025                                     SB 902
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01736-25                                            2025902__
    1                        A bill to be entitled                      
    2         An act relating to panelized construction; reordering
    3         and amending s. 553.36, F.S.; defining the term
    4         “panelized construction”; amending s. 553.37, F.S.;
    5         providing that panelized construction is exempt from
    6         state approval but must comply with all local
    7         requirements of the governmental agency having
    8         jurisdiction at the installation site; amending ss.
    9         316.515, 553.415, and 627.702, F.S.; conforming cross
   10         references; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 553.36, Florida Statutes, is reordered
   15  and amended to read:
   16         553.36 Definitions.—The definitions contained in this
   17  section govern the construction of this part unless the context
   18  otherwise requires.
   19         (1) “Approved” means conforming to the requirements of the
   20  Florida Building Code.
   21         (2) “Approved inspection agency” means an organization
   22  determined by the department to be especially qualified by
   23  reason of facilities, personnel, experience, and demonstrated
   24  reliability to investigate, test, and evaluate manufactured
   25  building units or systems or the component parts thereof,
   26  together with the plans, specifications, and quality control
   27  procedures to ensure that such units, systems, or component
   28  parts are in full compliance with the Florida Building Code and
   29  to label such units complying with those standards.
   30         (3) “Closed construction” means that condition when any
   31  building, component, assembly, subassembly, or system is
   32  manufactured in such a manner that all portions cannot be
   33  readily inspected at the installation site without disassembly
   34  or destruction thereof.
   35         (15)(4) “Open construction” means any building, building
   36  component, assembly, or system manufactured in such a manner
   37  that all portions can be readily inspected at the building site
   38  without disassembly thereof, damage thereto, or destruction
   39  thereof.
   40         (4)(5) “Columbarium” means a permanent structure consisting
   41  of niches.
   42         (5)(6) “Component” means any assembly, subassembly, or
   43  combination of parts for use as a part of a building, which may
   44  include structural, electrical, mechanical, and fire protection
   45  systems and other systems affecting health and safety.
   46  Components that incorporate elements of a building subject to
   47  the product approval system adopted under s. 553.842 are subject
   48  to approval in accordance with the product approval system upon
   49  implementation thereof and are not subject to the rules adopted
   50  under this part. Components to which the rules adopted under
   51  this part apply are limited to three-dimensional systems for use
   52  as part of a building.
   53         (6)(7) “Department” means the Department of Business and
   54  Professional Regulation.
   55         (7)(8) “Factory-built school shelter” means any site
   56  assembled or factory-built school building that is designed to
   57  be portable, relocatable, demountable, or reconstructible and
   58  that complies with the provisions for enhanced hurricane
   59  protection areas, as required by the applicable code.
   60         (8)(9) “Insignia” means an approved device or seal issued
   61  by the department to indicate compliance with the standards and
   62  rules established pursuant to this part.
   63         (9)(10) “Install” means the assembly of a manufactured
   64  building component or system on site and the process of affixing
   65  a manufactured building component or system to land, a
   66  foundation, or an existing building, and service connections
   67  which are a part thereof.
   68         (10)(11) “Local government” means any municipality, county,
   69  district, or combination thereof comprising a governmental unit.
   70         (11)(12) “Manufacture” means the process of making,
   71  fabricating, constructing, forming, or assembling a product from
   72  raw, unfinished, semifinished, or finished materials.
   73         (12)(13) “Manufactured building,, “modular building,” or
   74  “factory-built building” means a closed structure, building
   75  assembly, or system of subassemblies, which may include
   76  structural, electrical, plumbing, heating, ventilating, or other
   77  service systems manufactured in manufacturing facilities for
   78  installation or erection as a finished building or as part of a
   79  finished building, which includes shall include, but is not be
   80  limited to, residential, commercial, institutional, storage, and
   81  industrial structures. The term includes buildings not intended
   82  for human habitation, such as lawn storage buildings and storage
   83  sheds manufactured and assembled offsite by a manufacturer
   84  certified in conformance with this part. This part does not
   85  apply to mobile homes.
   86         (13)(14) “Mobile home” means any residential unit
   87  constructed to standards promulgated by the United States
   88  Department of Housing and Urban Development.
   89         (14)(15) “Module” means a separately transported three
   90  dimensional component of a manufactured building which contains
   91  all or a portion of structural systems, electrical systems,
   92  plumbing systems, mechanical systems, fire systems, and thermal
   93  systems.
   94         (16) “Panelized construction” means any building with non
   95  concealed mechanical, electrical, and plumbing components which
   96  is created by the off-site fabrication of structural components
   97  or panels, which components or panels are then transported to
   98  the construction site for assembly. The term includes walls,
   99  floors, and roof sections that are typically made from materials
  100  such as wood, metal, or concrete.
  101         (17)(16) “Private mausoleum” means a structure intended for
  102  the private use of a family or group of family members.
  103         (18)(17) “Site” is the location on which a manufactured
  104  building is installed or is to be installed.
  105         (19)(18) “System” means structural, plumbing, mechanical,
  106  heating, electrical, or ventilating elements, materials, or
  107  components combined for use in a building.
  108         Section 2. Subsection (12) of section 553.37, Florida
  109  Statutes, is amended to read:
  110         553.37 Rules; inspections; and insignia.—
  111         (12) Panelized construction and custom or one-of-a-kind
  112  prototype manufactured buildings are not required to have state
  113  approval, but must be in compliance with all local requirements
  114  of the governmental agency having jurisdiction at the
  115  installation site.
  116         Section 3. Subsection (14) of section 316.515, Florida
  117  Statutes, is amended to read:
  118         316.515 Maximum width, height, length.—
  119         (14) MANUFACTURED BUILDINGS.—The Department of
  120  Transportation may, in its discretion and upon application and
  121  good cause shown therefor that the same is not contrary to the
  122  public interest, issue a special permit for truck tractor
  123  semitrailer combinations where the total number of overwidth
  124  deliveries of manufactured buildings, as defined in s. 553.36 s.
  125  553.36(13), may be reduced by permitting the use of multiple
  126  sections or single units on an overlength trailer of no more
  127  than 80 feet.
  128         Section 4. Subsection (9) of section 553.415, Florida
  129  Statutes, is amended to read:
  130         553.415 Factory-built school buildings.—
  131         (9) The school district or community college district for
  132  which any factory-built school building is constructed or
  133  altered after July 1, 2001, shall provide for periodic
  134  inspection of the proposed factory-built school building during
  135  each phase of construction or alteration. The inspector shall
  136  act under the direction of the governing board for employment
  137  purposes. This subsection does not prevent a school district or
  138  community college district from purchasing or otherwise using a
  139  factory-built school building that has been inspected during all
  140  phases of construction or alteration conducted after July 1,
  141  2001, by another school district or community college or by an
  142  approved inspection agency certified pursuant to s. 553.36 s.
  143  553.36(2). If a factory-built school building is constructed or
  144  altered for an entity other than a school district or community
  145  college district, such entity may employ at its election a
  146  school district, community college district, or such approved
  147  inspection agency to conduct such inspections. A school district
  148  or community college district so employed may charge such entity
  149  for services at reasonable rates comparable to those charged for
  150  similar services by approved inspection agencies.
  151         Section 5. Paragraph (a) of subsection (1) and subsection
  152  (5) of section 627.702, Florida Statutes, are amended to read:
  153         627.702 Valued policy law.—
  154         (1)(a) In the event of the total loss of any building,
  155  structure, mobile home as defined in s. 320.01(2), or
  156  manufactured building as defined in s. 553.36 s. 553.36(13),
  157  located in this state and insured by any insurer as to a covered
  158  peril, in the absence of any change increasing the risk without
  159  the insurer’s consent and in the absence of fraudulent or
  160  criminal fault on the part of the insured or one acting in her
  161  or his behalf, the insurer’s liability under the policy for such
  162  total loss, if caused by a covered peril, shall be in the amount
  163  of money for which such property was so insured as specified in
  164  the policy and for which a premium has been charged and paid.
  165         (5) This section does not apply as to personal property or
  166  any interest therein, except with respect to mobile homes as
  167  defined in s. 320.01(2) or manufactured buildings as defined in
  168  s. 553.36 s. 553.36(13). Nor does this section apply to coverage
  169  of an appurtenant structure or other structure or any coverage
  170  or claim in which the dollar amount of coverage available as to
  171  the structure involved is not directly stated in the policy as a
  172  dollar amount specifically applicable to that particular
  173  structure.
  174         Section 6. This act shall take effect July 1, 2025.