Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1234
Ì567540#Î567540
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/25/2026 .
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The Committee on Rules (DiCeglie) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (4) of section
6 125.56, Florida Statutes, is amended to read:
7 125.56 Enforcement and amendment of the Florida Building
8 Code and the Florida Fire Prevention Code; inspection fees;
9 inspectors; etc.—
10 (4)
11 (d) A county that issues building permits may send a
12 written notice of expiration, by e-mail or United States Postal
13 Service, to the owner of the property and the contractor listed
14 on the permit, no less than 30 days before a building permit is
15 set to expire. The written notice must identify the permit that
16 is set to expire and the date the permit will expire. A building
17 permit issued by a county for a single-family dwelling expires 1
18 year after the issuance of the permit or on the effective date
19 of the next edition of the Florida Building Code, whichever is
20 later; however, this paragraph does not prevent a local
21 government from extending the building permit beyond the
22 expiration date.
23 Section 2. Paragraph (o) of subsection (1) of section
24 489.129, Florida Statutes, is amended to read:
25 489.129 Disciplinary proceedings.—
26 (1) The board may take any of the following actions against
27 any certificateholder or registrant: place on probation or
28 reprimand the licensee, revoke, suspend, or deny the issuance or
29 renewal of the certificate or registration, require financial
30 restitution to a consumer for financial harm directly related to
31 a violation of a provision of this part, impose an
32 administrative fine not to exceed $10,000 per violation, require
33 continuing education, or assess costs associated with
34 investigation and prosecution, if the contractor, financially
35 responsible officer, or business organization for which the
36 contractor is a primary qualifying agent, a financially
37 responsible officer, or a secondary qualifying agent responsible
38 under s. 489.1195 is found guilty of any of the following acts:
39 (o) Proceeding on any job without obtaining applicable
40 local building department permits and inspections, unless
41 otherwise provided by law.
42
43 For the purposes of this subsection, construction is considered
44 to be commenced when the contract is executed and the contractor
45 has accepted funds from the customer or lender. A contractor
46 does not commit a violation of this subsection when the
47 contractor relies on a building code interpretation rendered by
48 a building official or person authorized by s. 553.80 to enforce
49 the building code, absent a finding of fraud or deceit in the
50 practice of contracting, or gross negligence, repeated
51 negligence, or negligence resulting in a significant danger to
52 life or property on the part of the building official, in a
53 proceeding under chapter 120.
54 Section 3. Section 553.382, Florida Statutes, is amended to
55 read:
56 553.382 Placement of certain housing.—Notwithstanding any
57 other law or ordinance to the contrary, in order to expand the
58 availability of affordable housing in this state, any
59 residential manufactured building that is certified under this
60 chapter by the department may not be denied a building permit
61 for placement be placed on a mobile home lot in a mobile home
62 park, on any lot in a recreational vehicle park, or in a mobile
63 home condominium, cooperative, or subdivision. Any such housing
64 unit placed on a mobile home lot is a mobile home for purposes
65 of chapter 723 and, therefore, all rights, obligations, and
66 duties under chapter 723 apply, including the specifics of the
67 prospectus. However, a housing unit subject to this section may
68 not be placed on a mobile home lot without the prior written
69 approval of the park owner. Each housing unit located on a
70 mobile home lot and subject to this section must shall be taxed
71 as a mobile home under s. 320.08(11) and is subject to payments
72 to the Florida Mobile Home Relocation Fund under s. 723.06116.
73 Section 4. Section 553.385, Florida Statutes, is created to
74 read:
75 553.385 Permitting and zoning of offsite-constructed
76 residential dwellings; parity.—
77 (1) As used in this section, the term:
78 (a) “Local government” means a county or municipality.
79 (b) “Offsite-constructed residential dwelling” means a
80 manufactured building as defined in s. 553.36(13) which is
81 intended for single-family residential use, or a manufactured
82 home as defined in s. 320.01(2)(b) which is constructed in whole
83 or in part offsite and is treated as real property.
84 (2)(a) An offsite-constructed residential dwelling must be
85 permitted as of right in any zoning district where single-family
86 detached dwellings are allowed.
87 (b) A local government may not adopt or enforce any zoning,
88 land use, or development regulation that treats an offsite
89 constructed residential dwelling differently or more
90 restrictively than a single-family site-built dwelling allowed
91 in the same district.
92 (c) This section does not prohibit a local government from
93 applying generally applicable architectural, aesthetic, design,
94 setback, height, or bulk standards to offsite-constructed
95 residential dwellings, provided such standards apply equally to
96 site-built single-family dwellings permitted in the same
97 district. A local government may adopt compatibility standards
98 that are limited to the following architectural features:
99 1. Roof pitch.
100 2. Square footage of livable space.
101 3. Type and quality of exterior finishing materials.
102 4. Foundation enclosure.
103 5. Existence and type of attached structures.
104 6. Building setbacks, lot dimensions, and the orientation
105 of the home on the lot.
106 (d) A local government may not treat offsite-constructed
107 residential dwellings differently than factory-built buildings
108 subject to s. 553.38 based on the method or location of
109 construction.
110 (3) A local government may not adopt or enforce any zoning,
111 land use, or development ordinance or regulation that conflicts
112 with this section or s. 553.38, or that imposes different or
113 more restrictive treatment on an offsite-constructed residential
114 dwelling based on its method of construction or the presence of
115 components built off site. Local government ordinances or
116 regulations may not have the effect of excluding offsite
117 constructed residential dwellings and must be reasonable and
118 uniformly enforced without any distinction as to the type of
119 housing. Any such ordinance or regulation is void and
120 unenforceable as applied to offsite-constructed residential
121 dwellings.
122 Section 5. Present paragraphs (b) through (m) of subsection
123 (1) of section 553.77, Florida Statutes, are redesignated as
124 paragraphs (c) through (n), respectively, a new paragraph (b) is
125 added to that subsection, and present paragraph (c) of that
126 subsection is amended, to read:
127 553.77 Specific powers of the commission.—
128 (1) The commission shall:
129 (b) By July 1, 2027, adopt by rule a uniform commercial
130 building permit application to be used statewide for commercial
131 construction projects and a uniform residential building permit
132 application to be used statewide for residential construction
133 projects. To the extent feasible, the uniform building permit
134 applications adopted by the commission must be capable of
135 integration with existing building permit software systems
136 utilized by local governments and must account for local
137 amendments to the Florida Building Code.
138 (d)(c) Upon written application by any substantially
139 affected person or a local enforcement agency, issue declaratory
140 statements pursuant to s. 120.565 relating to new technologies,
141 techniques, and materials which have been tested where necessary
142 and found to meet the objectives of the Florida Building Code.
143 This paragraph does not apply to the types of products,
144 materials, devices, or methods of construction required to be
145 approved under paragraph (g) (f).
146 Section 6. Paragraphs (a), (b), (c), and (f) of subsection
147 (1) and paragraph (a) of subsection (24) of section 553.79,
148 Florida Statutes, are amended, and paragraphs (g) through (j)
149 are added to subsection (1) of that section, to read:
150 553.79 Permits; applications; issuance; inspections.—
151 (1)(a) Unless otherwise provided by law, after the
152 effective date of the Florida Building Code adopted as herein
153 provided, it is shall be unlawful for any person, firm,
154 corporation, or governmental entity to construct, erect, alter,
155 modify, repair, or demolish any building within this state
156 without first obtaining a permit therefor from the appropriate
157 enforcing agency or from such persons as may, by appropriate
158 resolution or regulation of the authorized state or local
159 enforcing agency, be delegated authority to issue such permits,
160 upon the payment of such reasonable fees adopted by the
161 enforcing agency. The enforcing agency is empowered to revoke
162 any such permit upon a determination by the agency that the
163 construction, erection, alteration, modification, repair, or
164 demolition of the building for which the permit was issued is in
165 violation of, or not in conformity with, the provisions of the
166 Florida Building Code. Whenever a permit required under this
167 section is denied or revoked because the plan, or the
168 construction, erection, alteration, modification, repair, or
169 demolition of a building, is found by the local enforcing agency
170 to be not in compliance with the Florida Building Code, the
171 local enforcing agency shall identify the specific plan or
172 project features that do not comply with the applicable codes,
173 identify the specific code chapters and sections upon which the
174 finding is based, and provide this information to the permit
175 applicant. A plans reviewer or building code administrator who
176 is responsible for issuing a denial, revocation, or modification
177 request but fails to provide to the permit applicant a reason
178 for denying, revoking, or requesting a modification, based on
179 compliance with the Florida Building Code or local ordinance, is
180 subject to disciplinary action against his or her license
181 pursuant to s. 468.621(1)(i). Installation, replacement,
182 removal, or metering of any load management control device is
183 exempt from and is shall not be subject to the permit process
184 and fees otherwise required by this section.
185 (b) A local enforcement agency shall post each type of
186 building permit application, as adopted by the commission,
187 including a list of all required attachments, drawings, or other
188 requirements for each type of application, on its website. A
189 local enforcement agency must post and update the status of
190 every received application on its website until the issuance of
191 the building permit. A local enforcement agency shall allow
192 applicants to submit completed applications, including payments,
193 attachments, drawings, or other requirements or parts of the
194 completed permit application, must be able to be submitted
195 electronically to the appropriate building department. Accepted
196 methods of electronic submission include, but are not limited
197 to, e-mail submission of applications in Portable Document
198 Format or submission of applications through an electronic fill
199 in form available on the building department’s website or
200 through a third-party submission management software. A building
201 official may accept completed applications, including payments,
202 attachments, drawings, or other requirements or parts of the
203 completed permit application, may also be submitted in person in
204 a nonelectronic format, at the discretion of the building
205 official.
206 (c) A local government that issues building permits may
207 send a written notice of expiration, by e-mail or United States
208 Postal Service, to the owner of the property and the contractor
209 listed on the permit, no less than 30 days before a building
210 permit is set to expire. The written notice must identify the
211 permit that is set to expire and the date the permit will
212 expire. A building permit issued by a local government for a
213 single-family dwelling expires 1 year after the issuance of the
214 permit or on the effective date of the next edition of the
215 Florida Building Code, whichever is later; however, this
216 paragraph does not prevent a local government from extending the
217 building permit beyond the expiration date.
218 (f) A local government may not require a contract between a
219 builder and an owner, any copies of such contract, or any
220 associated document, including, but not limited to, letters of
221 intent, material costs lists, labor costs, or overhead or profit
222 statements, for the issuance of a building permit or as a
223 requirement for the submission of a building permit application.
224 Inspection fees may not be based on the total cost of a project
225 and may not exceed the actual inspection costs incurred by the
226 local enforcement agency.
227 (g)1. A local government that issues building permits may
228 not require an owner of a single-family dwelling or the owner’s
229 contractor to obtain a building permit to perform any work that
230 is valued at less than $7,500 on the owner’s property. However,
231 a local government may require a building permit for any
232 electrical, plumbing, structural, mechanical, or gas work
233 performed on a lot containing a single-family dwelling,
234 regardless of the value of the work. A construction project may
235 not be divided into more than one project for the purpose of
236 evading the requirements of this section.
237 2. For any work performed by a person other than the
238 property owner under the exemption in subparagraph 1., the
239 person performing the work shall file a notice of permit
240 exemption with the local enforcement agency which includes the
241 name and license number of the person or entity hired to perform
242 the work, the scope of the work performed, the property address
243 at which the work was performed, and the value of such work as
244 proof that such work complies with subparagraph 1. A notice of
245 permit exemption must be filed within 30 days after the date the
246 work begins. A notice is not required for work performed
247 personally by the property owner. A local government has no
248 legal duty to the owner or contractor, or the owner’s or
249 contractor’s successors or assigns, for work performed under
250 this paragraph.
251 (h)1. Except to the extent strictly necessary to maintain
252 compliance with the National Flood Insurance Program for
253 participating communities, a local government that issues
254 building permits may not require an owner of a single-family or
255 two-family dwelling, or the owner’s contractor, to obtain a
256 building permit for the installation of temporary residential
257 hurricane and flood protection walls or barriers that meet all
258 of the following conditions:
259 a. The wall or barrier is nonhabitable and nonload-bearing
260 and is not more than 48 inches in height.
261 b. The wall or barrier is installed on the residential
262 property of a single-family or two-family dwelling or townhouse.
263 c. The wall or barrier does not render a code-compliant
264 building noncompliant with codes required at the time of
265 original construction.
266 d. The wall or barrier is constructed to mitigate or
267 prevent storm surge or floodwaters from entering a structure or
268 property.
269 e. The wall or barrier is installed by a contractor
270 licensed under part I of chapter 489.
271 f. The wall or barrier complies with applicable local
272 zoning, drainage, easement, and setback requirements.
273 g. The wall or barrier complies with ANSI/FM 2510 or is
274 designed and certified by a professional engineer licensed in
275 this state based on site-specific engineering analysis.
276 2. A local government has no legal duty to the owner,
277 contractor, or their successors or assigns for work performed
278 under this paragraph.
279 3. The commission may adopt rules pursuant to s. 120.54 to
280 incorporate necessary standards to implement this paragraph.
281 (i) A local government that issues building permits may not
282 require a building permit for each lot or parcel upon which a
283 retaining wall is installed on the property of a single-family
284 or two-family residential dwelling or a townhouse.
285 (j) This subsection may not be construed to limit a local
286 government’s authority under this chapter to maintain compliance
287 with the regulations of the Federal Emergency Management Agency
288 or the National Flood Insurance Program, regardless of the value
289 of the work.
290 (24)(a) A political subdivision of this state may not adopt
291 or enforce any ordinance or impose any building permit or other
292 development order requirement that:
293 1. Contains any building, construction, or aesthetic
294 requirement or condition that conflicts with or impairs
295 corporate trademarks, service marks, trade dress, logos, color
296 patterns, design scheme insignia, image standards, or other
297 features of corporate branding identity on real property or
298 improvements thereon used in activities conducted under chapter
299 526 or in carrying out business activities defined as a
300 franchise by Federal Trade Commission regulations in 16 C.F.R.
301 ss. 436.1, et. seq.; or
302 2. Imposes any requirement on the design, construction, or
303 location of signage advertising the retail price of gasoline in
304 accordance with the requirements of ss. 526.111 and 526.121
305 which prevents the signage from being clearly visible and
306 legible to drivers of approaching motor vehicles from a vantage
307 point on any lane of traffic in either direction on a roadway
308 abutting the gas station premises and meets height, width, and
309 spacing standards for Series C, D, or E signs, as applicable,
310 published in the latest edition of Standard Alphabets for
311 Highway Signs published by the United States Department of
312 Commerce, Bureau of Public Roads, Office of Highway Safety; or
313 3. Imposes a glazing requirement that results in the
314 glazing of more than 15 percent of the surface area of the
315 primary facade for the first 10 feet above the ground floor for
316 a proposed new commercial or mixed-use construction or
317 restoration project, except for individually listed contributing
318 structures in a National Register of Historic Places district.
319 Such glazing requirements may not be imposed or enforced on any
320 facade other than the primary facade, and such glazing
321 requirements may not be imposed or enforced on any portion of
322 the primary facade higher than the first 10 feet above the
323 ground floor. For purposes of this subparagraph, the term:
324 a. “Glazing” means the installation of transparent or
325 translucent materials, including glass or similar substances, in
326 windows, doors, or storefronts. The term includes any actual or
327 faux windows to be installed on a building facade.
328 b. “Primary facade” means the single building side housing
329 the primary entrance to the building.
330 Section 7. Section 553.791, Florida Statutes, is amended to
331 read:
332 553.791 Alternative plans review and inspection.—
333 (1) As used in this section, the term:
334 (a) “Applicable codes” means the Florida Building Code and
335 any local technical amendments to the Florida Building Code but
336 does not include the applicable minimum fire prevention and
337 firesafety codes adopted pursuant to chapter 633.
338 (b) “Audit” means the process to confirm that the building
339 code inspection services have been performed by the private
340 provider, including ensuring that the required affidavit for the
341 plan review has been properly completed and submitted with the
342 permit documents and that the minimum mandatory inspections
343 required under the building code have been performed and
344 properly recorded. The local building official may not replicate
345 the plan review or inspection being performed by the private
346 provider, unless expressly authorized by this section.
347 (c) “Building” means any construction, erection,
348 alteration, demolition, or improvement of, or addition to, any
349 structure or site work for which permitting by a local
350 enforcement agency is required.
351 (d) “Building code inspection services” means those
352 services described in s. 468.603(5) and (8) involving the review
353 of building plans as well as those services involving the review
354 of site plans and site work engineering plans or their
355 functional equivalent, to determine compliance with applicable
356 codes and those inspections required by law, conducted either in
357 person or virtually, of each phase of construction for which
358 permitting by a local enforcement agency is required to
359 determine compliance with applicable codes.
360 (e) “Deliver” or “delivery” means any method of delivery
361 used in conventional business or commercial practice, including
362 delivery by electronic transmissions such as e-mail or
363 submission through an electronic fill-in form available on the
364 building department’s website or through a third-party
365 submission management software.
366 (f) “Duly authorized representative” means an agent of the
367 private provider identified in the permit application who
368 reviews plans or performs inspections as provided by this
369 section and who is licensed as an engineer under chapter 471 or
370 as an architect under chapter 481 or who holds a standard or
371 provisional certificate under part XII of chapter 468. A duly
372 authorized representative who only holds a provisional
373 certificate under part XII of chapter 468 must be under the
374 direct supervision of a person licensed as a building code
375 administrator under part XII of chapter 468.
376 (g) “Electronic signature” means any letters, characters,
377 or symbols manifested by electronic or similar means which are
378 executed or adopted by a party with an intent to authenticate a
379 writing or record.
380 (h) “Electronic transmission” or “submitted electronically”
381 means any form or process of communication not directly
382 involving the physical transfer of paper or another tangible
383 medium which is suitable for the retention, retrieval, and
384 reproduction of information by the recipient and is retrievable
385 in paper form by the receipt through an automated process. All
386 notices, documents, and applications provided for in this
387 section may be transmitted electronically and shall have the
388 same legal effect as if physically posted or mailed.
389 (i) “Electronically posted” means providing notices of
390 decisions, results, or records, including inspection records,
391 through the use of a website or other form of electronic
392 communication used to transmit or display information.
393 (j) “Immediate threat to public safety and welfare” means a
394 building code violation that, if allowed to persist, constitutes
395 an immediate hazard that could result in death, serious bodily
396 injury, or significant property damage. This paragraph does not
397 limit the authority of the local building official to issue a
398 Notice of Corrective Action at any time during the construction
399 of a building project or any portion of such project if the
400 official determines that a condition of the building or portion
401 thereof may constitute a hazard when the building is put into
402 use following completion as long as the condition cited is shown
403 to be in violation of the building code or approved plans.
404 (k) “Local building official” means the individual within
405 the governing jurisdiction responsible for direct regulatory
406 administration or supervision of plans review, enforcement, and
407 inspection of any construction, erection, alteration,
408 demolition, or substantial improvement of, or addition to, any
409 structure for which permitting is required to indicate
410 compliance with applicable codes and includes any duly
411 authorized designee of such person.
412 (l) “Permit application” means a properly completed and
413 submitted application for the requested building or construction
414 permit, including:
415 1. The plans reviewed by the private provider, or in the
416 case of a single-trade plans review where a private provider
417 uses an automated or software-based plans review system pursuant
418 to subsection (7) (6), the information reviewed by the automated
419 or software-based plans review system to determine compliance
420 with one or more applicable codes.
421 2. The affidavit from the private provider required under
422 subsection (7) (6).
423 3. Any applicable fees.
424 4. Any documents required by the local building official to
425 determine that the fee owner has secured all other government
426 approvals required by law.
427 (m) “Plans” means building plans, site engineering plans,
428 or site plans, or their functional equivalent, submitted by a
429 fee owner or fee owner’s contractor to a private provider or
430 duly authorized representative for review.
431 (n) “Private provider” means a person licensed as a
432 building code administrator under part XII of chapter 468, as an
433 engineer under chapter 471, or as an architect under chapter
434 481. For purposes of performing inspections under this section
435 for additions and alterations that are limited to 1,000 square
436 feet or less to residential buildings, the term “private
437 provider” also includes a person who holds a standard
438 certificate under part XII of chapter 468.
439 (o) “Private provider firm” means a business organization,
440 including a corporation, partnership, business trust, or other
441 legal entity, which offers services under this chapter to the
442 public through licensees who are acting as agents, employees,
443 officers, or partners of the firm. A person who is licensed as a
444 building code administrator under part XII of chapter 468, an
445 engineer under chapter 471, or an architect under chapter 481
446 may act as a private provider for an agent, employee, or officer
447 of the private provider firm.
448 (p) “Registration” means the roster of authorized private
449 provider firms held by each local enforcement agency.
450 (q)(p) “Request for certificate of occupancy or certificate
451 of completion” means a properly completed and executed
452 application for:
453 1. A certificate of occupancy or certificate of completion.
454 2. A certificate of compliance from the private provider
455 required under subsection (15) (13).
456 3. Any applicable fees.
457 4. Any documents required by the local building official to
458 determine that the fee owner has secured all other government
459 approvals required by law.
460 (r)(q) “Single-trade inspection” or “single-trade plans
461 review” means any inspection or plans review focused on a single
462 construction trade, such as plumbing, mechanical, or electrical.
463 The term includes, but is not limited to, inspections or plans
464 reviews of door or window replacements; fences and block walls
465 more than 6 feet high from the top of the wall to the bottom of
466 the footing; stucco or plastering; reroofing with no structural
467 alteration; solar energy and energy storage installations or
468 alterations; HVAC replacements; ductwork or fan replacements;
469 alteration or installation of wiring, lighting, and service
470 panels; water heater changeouts; sink replacements; and
471 repiping.
472 (s)(r) “Site work” means the portion of a construction
473 project that is not part of the building structure, including,
474 but not limited to, grading, excavation, landscape irrigation,
475 and installation of driveways.
476 (t)(s) “Stop-work order” means the issuance of any written
477 statement, written directive, or written order which states the
478 reason for the order and the conditions under which the cited
479 work will be permitted to resume.
480 (2)(a) Notwithstanding any other law or local government
481 ordinance or local policy, the fee owner of a building or
482 structure, or the fee owner’s contractor upon explicit written
483 authorization from the fee owner, may choose at any time to use
484 a private provider to provide plans review or building code
485 inspection services with regard to such building or structure
486 and may make payment directly to the private provider for the
487 provision of such services. All such services are shall be the
488 subject of a written contract between the private provider, or
489 the private provider’s firm, and the fee owner or the fee
490 owner’s contractor, upon explicit written authorization of the
491 fee owner and a copy of such explicit written authorization
492 being submitted to the local building official. The local
493 enforcement agency may not require the contract to be provided
494 as part of the permit application or as a condition for issuing
495 a permit. The fee owner may elect to use a private provider to
496 provide plans review or required building inspections, or both.
497 However, if the fee owner or the fee owner’s contractor uses a
498 private provider to provide plans review, the local building
499 official, in his or her discretion and pursuant to duly adopted
500 policies of the local enforcement agency, may require the fee
501 owner or the fee owner’s contractor to use a private provider to
502 also provide required building inspections.
503 (b) If a fee an owner or the fee owner’s contractor retains
504 a private provider for purposes of plans review or building
505 inspection services, the local jurisdiction must reduce the
506 permit fee by the amount of cost savings realized by the local
507 enforcement agency for not having to perform such services. Such
508 reduction may be calculated on a flat fee or percentage basis,
509 or any other reasonable means by which a local enforcement
510 agency assesses the cost for its plans review or inspection
511 services. The permit fee must be based on the cost incurred by
512 the local jurisdiction, including the labor cost of the
513 personnel providing such services and the clerical and
514 supervisory assistance required to comply with this section. The
515 local jurisdiction may not charge fees for plans review or
516 building inspections if the fee owner or the fee owner’s
517 contractor hires a private provider to perform such services.
518 The local enforcement agency may not charge punitive
519 administrative fees when a fee owner has chosen to work with a
520 private provider; however, the local jurisdiction may charge a
521 reasonable administrative fee, which shall be based on the cost
522 that is actually incurred, including the labor cost of the
523 personnel providing the service, by the local jurisdiction or
524 attributable to the local jurisdiction for the clerical and
525 supervisory assistance required, or both.
526 (c) If a fee an owner or the fee owner’s a contractor
527 retains a private provider for purposes of plans review or
528 building inspection services, the local jurisdiction must
529 provide equal access to all permitting and inspection documents
530 and reports to the private provider, fee owner, and contractor
531 if such access is provided by software that protects exempt
532 records from disclosure. Access to these documents must be
533 promptly provided.
534 (d) If a fee owner or a fee owner’s contractor retains a
535 private provider for purposes of plans review or building
536 inspection services for a commercial construction project, the
537 local enforcement agency must reduce the permit fee by at least
538 25 percent of the portion of the permit fee attributable to
539 plans review or building inspection services, as applicable. If
540 a fee owner or a fee owner’s contractor retains a private
541 provider for all required plans review and building inspection
542 services, the local enforcement agency must reduce the total
543 permit fee by at least 50 percent of the amount otherwise
544 charged for such services. If a local enforcement agency does
545 not reduce such fee by at least the percentages provided in this
546 paragraph, the local enforcement agency forfeits the ability to
547 collect any fees for the commercial construction project. The
548 surcharge required by s. 553.721 must be calculated based on the
549 reduced permit fee. This paragraph does not prohibit a local
550 enforcement agency from reducing its fees in excess of the
551 percentages provided in this paragraph.
552 (e) A local government or local building official may not
553 require additional forms beyond those required at registration,
554 except for the written notice required under subsection (5), if
555 a fee owner or the fee owner’s contractor uses a private
556 provider.
557 (3) A private provider and any duly authorized
558 representative may only perform building code inspection
559 services that are within the disciplines covered by that
560 person’s licensure or certification under chapter 468, chapter
561 471, or chapter 481, including single-trade inspections. A
562 private provider may not provide building code inspection
563 services pursuant to this section upon any building designed or
564 constructed by the private provider or the private provider’s
565 firm.
566 (4) A local enforcement agency shall create a registration
567 system for private providers and private provider firms working
568 in the local enforcement agency’s jurisdiction. The local
569 enforcement agency shall establish a method to register and
570 update registration information electronically. The local
571 enforcement agency may not charge an administrative fee for
572 registration or updates to a registration. The private provider
573 or private provider firm shall provide its contact information
574 and verify compliance with the licensure requirements of
575 paragraph (1)(n) or paragraph (1)(o), as applicable, and the
576 insurance requirements of subsection (20). The private provider
577 or private provider firm shall register with the local
578 enforcement agency in the jurisdiction in which the provider or
579 firm is working before contracting to provide services in such
580 jurisdiction. The private provider or private provider firm must
581 update its registration within 5 business days after any change
582 to the provider’s or firm’s contact information, licensure, or
583 insurance coverage.
584 (5)(4) A fee owner or the fee owner’s contractor using a
585 private provider to provide building code inspection services
586 shall notify the local building official in writing at the time
587 of permit application, or by 2 p.m. local time, 2 business days
588 before the first scheduled inspection by the local building
589 official or building code enforcement agency that a private
590 provider has been contracted to perform the required inspections
591 of construction under this section, including single-trade
592 inspections, on a form to be adopted by the commission. The
593 local enforcement agency may not alter the form. Such This
594 notice must shall include the following information:
595 (a) The services to be performed by the private provider.
596 (b) The name, firm, address, telephone number, and e-mail
597 address of each private provider who is performing or will
598 perform such services, his or her professional license or
599 certification number, qualification statements or resumes, and,
600 if required by the local building official, a certificate of
601 insurance demonstrating that professional liability insurance
602 coverage is in place for the private provider’s firm, the
603 private provider, and any duly authorized representative in the
604 amounts required by this section.
605 (c) An acknowledgment from the fee owner or the fee owner’s
606 contractor in substantially the following form:
607
608 I have elected to use one or more private providers to
609 provide building code plans review and/or inspection
610 services on the building or structure that is the
611 subject of the enclosed permit application, as
612 authorized by s. 553.791, Florida Statutes. I
613 understand that the local building official may not
614 review the plans submitted or perform the required
615 building inspections to determine compliance with the
616 applicable codes, except to the extent specified in
617 said law. Instead, plans review and/or required
618 building inspections will be performed by licensed or
619 certified personnel identified in the application. The
620 law requires minimum insurance requirements for such
621 personnel, but I understand that I may require more
622 insurance to protect my interests. By executing this
623 form, I acknowledge that I have made inquiry regarding
624 the competence of the licensed or certified personnel
625 and the level of their insurance and am satisfied that
626 my interests are adequately protected. I agree to
627 indemnify, defend, and hold harmless the local
628 government, the local building official, and their
629 building code enforcement personnel from any and all
630 claims arising from my use of these licensed or
631 certified personnel to perform building code
632 inspection services with respect to the building or
633 structure that is the subject of the enclosed permit
634 application.
635
636 If the fee owner or the fee owner’s contractor makes any changes
637 to the listed private providers or the services to be provided
638 by those private providers, the fee owner or the fee owner’s
639 contractor must shall, within 1 business day after any change or
640 within 2 business days before the next scheduled inspection,
641 update the notice to reflect such changes. A change of a duly
642 authorized representative named in the permit application does
643 not require a revision of the permit, and the building code
644 enforcement agency may shall not charge a fee for making the
645 change.
646 (6)(5) After construction has commenced and if either the
647 local building official is unable to provide inspection services
648 in a timely manner or the work subject to inspection is related
649 to a single-trade inspection for a single-family or two-family
650 dwelling, the fee owner or the fee owner’s contractor may elect
651 to use a private provider to provide inspection services for a
652 single-trade inspection for a single-family or two-family
653 dwelling by notifying the local building official of the owner’s
654 or contractor’s intention to do so by 2 p.m. local time, 2
655 business days before the next scheduled inspection using the
656 notice provided for in paragraphs (5)(a)-(c) (4)(a)-(c).
657 (7)(6) A private provider performing plans review under
658 this section shall review the plans to determine compliance with
659 the applicable codes. For single-trade plans reviews, a private
660 provider may use an automated or software-based plans review
661 system designed to determine compliance with one or more
662 applicable codes, including, but not limited to, the National
663 Electrical Code and the Florida Building Code. Upon determining
664 that the plans reviewed comply with the applicable codes, the
665 private provider shall prepare an affidavit or affidavits
666 certifying, under oath, that the following is true and correct
667 to the best of the private provider’s knowledge and belief:
668 (a) The plans were reviewed by the affiant, who is duly
669 authorized to perform plans review pursuant to this section and
670 holds the appropriate license or certificate.
671 (b) The plans comply with the applicable codes.
672
673 Such affidavit may bear a written or electronic signature and
674 may be submitted electronically to the local building official.
675 A local enforcement agency must accept electronically submitted
676 affidavits.
677 (8)(a) The local building official may not review plans,
678 construction drawings, or any other related documents determined
679 by a private provider to be compliant with the applicable codes
680 except to the extent necessary to determine compliance with
681 local ordinances, floodplain management regulations, site review
682 requirements, and any other administrative or life safety review
683 unrelated to building code compliance.
684 (b) The local building official may review other forms and
685 documents required under this section for completeness only. The
686 local building official must provide written notice to a permit
687 applicant of any incomplete forms or documents required under
688 this section no later than 10 days after receipt of a permit
689 application or, if the permit application is related to a
690 single-trade plans review for a single-family or two-family
691 dwelling, no later than 5 business days after receipt of a
692 permit application, and an affidavit from the private provider
693 as required in subsection (7). The written notice must state
694 with specificity which forms or documents are incomplete.
695 (7)(a) No more than 20 business days, or if the permit
696 application is related to a single-trade plans review for a
697 single-family or two-family dwelling, no more than 5 business
698 days, after receipt of a permit application and the affidavit
699 from the private provider required pursuant to subsection (6),
700 the local building official shall issue the requested permit or
701 provide a written notice to the permit applicant identifying the
702 specific plan features that do not comply with the applicable
703 codes, as well as the specific code chapters and sections. If
704 the local building official does not provide such a written
705 notice of the plan deficiencies within the prescribed time
706 period, the permit application must be deemed approved as a
707 matter of law, and the permit must be issued by the local
708 building official on the next business day.
709 (c)(b) If the local building official provides a written
710 notice of plan deficiencies to the permit applicant of any
711 incomplete forms or documents required under this section at the
712 time of plan submission within the prescribed time period, such
713 the time period is tolled pending resolution of the matter. To
714 resolve the issues raised in the notice plan deficiencies, the
715 permit applicant may elect to dispute the issues deficiencies
716 pursuant to subsection (17) (15) or to submit revisions to
717 correct the issues deficiencies.
718 (d)(c) If the permit applicant submits revisions, the local
719 building official has the remainder of the tolled 10-day or 5
720 day time period plus 5 business days after the date of
721 resubmittal to issue the requested permit or to provide a second
722 written notice to the permit applicant stating which of the
723 previously identified forms or documents plan features remain
724 incomplete in noncompliance with the applicable codes, with
725 specific reference to the relevant code chapters and sections.
726 Any subsequent review by the local building official is limited
727 to the issues deficiencies cited in the original written notice.
728 If the local building official does not provide the second
729 written notice within the prescribed time period, the permit
730 must be deemed approved as a matter of law, and the local
731 building official must issue the permit on the next business
732 day.
733 (e)(d) If the local building official provides a second
734 written notice of plan deficiencies to the permit applicant
735 within the prescribed time period, the permit applicant may
736 elect to dispute the issues raised in the second notice
737 deficiencies pursuant to subsection (17) (15) or to submit
738 additional revisions to correct the issues deficiencies. For all
739 revisions submitted after the first revision, the local building
740 official has an additional 5 business days after the date of
741 resubmittal to issue the requested permit or to provide a
742 written notice to the permit applicant stating which of the
743 previously identified forms or documents plan features remain
744 incomplete. If the local building official does not provide the
745 notice within the prescribed time period, the permit is deemed
746 approved as a matter of law, and the local building official
747 must issue the permit on the next business day in noncompliance
748 with the applicable codes, with specific reference to the
749 relevant code chapters and sections.
750 (9)(8) A private provider performing required inspections
751 under this section shall inspect each phase of construction as
752 required by the applicable codes. Such inspection, including a
753 single-trade inspection, may be performed in person or
754 virtually. The private provider may have a duly authorized
755 representative perform the required inspections, provided all
756 required reports are prepared by and bear the written or
757 electronic signature of the private provider or the private
758 provider’s duly authorized representative. The duly authorized
759 representative must be an employee of the private provider
760 entitled to receive reemployment assistance benefits under
761 chapter 443. The contractor’s contractual or legal obligations
762 are not relieved by any action of the private provider.
763 (10)(9) A private provider performing required inspections
764 under this section shall provide notice to the local building
765 official of the approximate date and time of any such
766 inspection. The local building official may not prohibit the
767 private provider from performing any inspection outside the
768 local building official’s normal operating hours, including
769 after hours, weekends, or holidays. The local building official
770 may visit the building site as often as necessary to verify that
771 the private provider is performing all required inspections. A
772 deficiency notice must be posted by the private provider, the
773 duly authorized representative of the private provider, or the
774 building department whenever a noncomplying item related to the
775 building code or the permitted documents is found. Such notice
776 may be physically posted at the job site or electronically
777 posted. After corrections are made, the item must be reinspected
778 by the private provider or the representative of the private
779 provider before being concealed. Reinspection or reaudit fees
780 shall not be charged by The local jurisdiction may not charge
781 reinspection or reaudit fees as a result of the local
782 jurisdiction’s audit inspection occurring before the performance
783 of the private provider’s inspection or for any other
784 administrative matter not involving the detection of a violation
785 of the building code or a permit requirement.
786 (11) A local enforcement agency is not responsible for the
787 regulatory administration or supervision of building code
788 inspection services performed by a private provider hired by a
789 fee owner or the fee owner’s contractor. A local enforcement
790 agency may not require additional verification of licensure or
791 insurance requirements beyond that which is required at
792 registration.
793 (12)(10) If the private provider is a person licensed as an
794 engineer under chapter 471 or an architect under chapter 481 and
795 affixes his or her professional seal to the affidavit required
796 under subsection (7) (6), the local building official must issue
797 the requested permit or provide a written notice to the permit
798 applicant identifying the specific plan features that do not
799 comply with the applicable codes, as well as the specific code
800 chapters and sections, within 10 business days after receipt of
801 the permit application and affidavit. In such written notice,
802 the local building official must provide with specificity the
803 plan’s deficiencies, the reasons the permit application failed,
804 and the applicable codes being violated. If the local building
805 official does not provide specific written notice to the permit
806 applicant within the prescribed 10-day period, the permit
807 application is deemed approved as a matter of law, and the local
808 building official must issue the permit on the next business
809 day.
810 (13)(11) If equipment replacements and repairs must be
811 performed in an emergency situation, subject to the emergency
812 permitting provisions of the Florida Building Code, a private
813 provider may perform emergency inspection services without first
814 notifying the local building official pursuant to subsection
815 (9). A private provider must conduct the inspection within 3
816 business days after being contacted to conduct an emergency
817 inspection and must submit the inspection report to the local
818 building official within 1 day after the inspection is
819 completed.
820 (14)(12) Upon completing the required inspections at each
821 applicable phase of construction, the private provider shall
822 record such inspections on a form provided by the commission
823 acceptable to the local building official. The form must bear
824 the written or electronic signature of the private provider or
825 the private provider’s duly authorized representative. Such
826 These inspection records must shall reflect those inspections
827 required by the applicable codes of each phase of construction
828 for which permitting by a local enforcement agency is required.
829 The private provider, upon completion of the required
830 inspection, shall post each completed inspection record,
831 indicating pass or fail, and provide the record to the local
832 building official within 4 2 business days. Such inspection
833 record may be electronically posted by the private provider, or
834 the private provider may post such inspection record physically
835 at the project site. The private provider may electronically
836 transmit the record to the local building official. The local
837 building official may waive the requirement to provide a record
838 of each inspection within 4 2 business days if the record is
839 electronically posted or posted at the project site and all such
840 inspection records are submitted with the certificate of
841 compliance. Unless the records have been electronically posted
842 or transmitted, records of all required and completed
843 inspections must shall be maintained at the building site at all
844 times and made available for review by the local building
845 official. A local building official may not fail any inspection
846 performed by a private provider for not having the inspection
847 records at the job site if the inspection records have been
848 electronically transmitted to the local building official within
849 the 4-business-day requirement. The private provider shall
850 report to the local enforcement agency any condition that poses
851 an immediate threat to public safety and welfare.
852 (15)(13) Upon completion of all required inspections, the
853 private provider firm shall prepare a certificate of compliance,
854 on a form provided by the commission acceptable to the local
855 building official, summarizing the inspections performed and
856 including a written representation, under oath, that the stated
857 inspections have been performed and that, to the best of the
858 private provider’s knowledge and belief, the building
859 construction inspected complies with the approved plans and
860 applicable codes. The certificate of compliance may be signed by
861 any qualified licensed individual employed full time by the
862 private provider firm under whose authority the inspection was
863 completed. The statement required of the private provider must
864 shall be substantially in the following form and must shall be
865 signed and sealed by a private provider as established in
866 subsection (1) or may be electronically transmitted to the local
867 building official:
868
869 To the best of my knowledge and belief, the building
870 components and site improvements outlined herein and
871 inspected under my authority have been completed in
872 conformance with the approved plans and the applicable
873 codes.
874
875 (16)(a)(14)(a) The local building official may only perform
876 building inspections of construction that a private provider has
877 determined to be compliant with the applicable codes if the
878 local building official has actual knowledge that the private
879 provider did not perform the required inspections. If the local
880 building official has such knowledge, the local building
881 official must provide to the private provider written notice of
882 the facts and circumstances upon which the local building
883 official relied for such knowledge before performing a required
884 inspection. The local building official may review forms and
885 documents required under this section for completeness only. No
886 more than 10 business days, or if the permit is related to
887 single-family or two-family dwellings then no more than 2
888 business days, after receipt of a request for a certificate of
889 occupancy or certificate of completion and the applicant’s
890 presentation of a certificate of compliance and approval of all
891 other government approvals required by law, including the
892 payment of all outstanding fees, the local building official
893 shall issue the certificate of occupancy or certificate of
894 completion or provide a notice to the applicant of any
895 incomplete forms or documents required under this section
896 identifying the specific deficiencies, as well as the specific
897 code chapters and sections.
898 (b) If the local building official does not provide notice
899 of any incomplete forms or documents the deficiencies within the
900 applicable time periods under paragraph (a), the request for a
901 certificate of occupancy or certificate of completion is
902 automatically granted and deemed issued as of the next business
903 day. The local building official must provide the applicant with
904 the written certificate of occupancy or certificate of
905 completion within 10 days after it is automatically granted and
906 issued. To resolve any identified issues deficiencies, the
907 applicant may elect to dispute the issues deficiencies pursuant
908 to subsection (17) (15) or to submit a corrected request for a
909 certificate of occupancy or certificate of completion.
910 (17)(15) If the local building official determines that the
911 building construction or plans do not comply with the applicable
912 codes, the official may deny the permit or request for a
913 certificate of occupancy or certificate of completion, as
914 appropriate, or may issue a stop-work order for the project or
915 any portion thereof as provided by law, if the official
916 determines that the noncompliance poses an immediate threat to
917 public safety and welfare, subject to the following:
918 (a) The local building official must shall be available to
919 meet with the private provider within 2 business days to resolve
920 any dispute after issuing a stop-work order or providing notice
921 to the applicant denying a permit or request for a certificate
922 of occupancy or certificate of completion.
923 (b) If the local building official and private provider are
924 unable to resolve the dispute, the matter must shall be referred
925 to the local enforcement agency’s board of appeals, if one
926 exists, which must shall consider the matter at its next
927 scheduled meeting or sooner. Any decisions by the local
928 enforcement agency’s board of appeals, or local building
929 official if there is no board of appeals, may be appealed to the
930 commission as provided by this chapter.
931 (c) Notwithstanding any provision of this section, any
932 decisions regarding the issuance of a building permit,
933 certificate of occupancy, or certificate of completion may be
934 reviewed by the local enforcement agency’s board of appeals, if
935 one exists. Any decision by the local enforcement agency’s board
936 of appeals, or local building official if there is no board of
937 appeals, may be appealed to the commission as provided by this
938 chapter, which shall consider the matter at the commission’s
939 next scheduled meeting.
940 (18)(16) For the purposes of this section, any notice to be
941 provided by the local building official is shall be deemed to be
942 provided to the person or entity when successfully transmitted
943 to the e-mail address listed for that person or entity in the
944 permit application or revised permit application, or, if no e
945 mail address is stated, when actually received by that person or
946 entity.
947 (19)(a)(17)(a) A local enforcement agency, local building
948 official, or local government may not adopt or enforce any laws,
949 rules, procedures, policies, qualifications, or standards more
950 stringent than those prescribed by this section.
951 (b) A local enforcement agency, local building official, or
952 local government may establish, for private providers, private
953 provider firms, and duly authorized representatives working
954 within that jurisdiction, a system of registration to verify
955 compliance with the licensure requirements of paragraph (1)(n)
956 and the insurance requirements of subsection (18).
957 (b)(c) This section does not limit the authority of the
958 local building official to issue a stop-work order for a
959 building project or any portion of the project, as provided by
960 law, if the official determines that a condition on the building
961 site constitutes an immediate threat to public safety and
962 welfare.
963 (c) A local enforcement agency may not prohibit or limit
964 private providers from using virtual inspections if a virtual
965 inspection is not prohibited by any applicable code.
966 (20)(18) A private provider may perform building code
967 inspection services on a building project under this section
968 only if the private provider maintains insurance for
969 professional liability covering all services performed as a
970 private provider. Such insurance must shall have minimum policy
971 limits of $1 million per occurrence and $2 million in the
972 aggregate for any project with a construction cost of $5 million
973 or less and $2 million per occurrence and $4 million in the
974 aggregate for any project with a construction cost of over $5
975 million. Nothing in this section limits the ability of a fee
976 owner to require additional insurance or higher policy limits.
977 For these purposes, the term “construction cost” means the total
978 cost of building construction as stated in the building permit
979 application. If the private provider chooses to secure claims
980 made coverage to fulfill this requirement, the private provider
981 must also maintain coverage for a minimum of 5 years after
982 subsequent to the performance of building code inspection
983 services. The insurance required under this subsection must
984 shall be written only by insurers authorized to do business in
985 this state with a minimum A.M. Best’s rating of A. Before
986 providing building code inspection services within a local
987 building official’s jurisdiction, a private provider must
988 provide to the local building official a certificate of
989 insurance evidencing that the coverages required under this
990 subsection are in force.
991 (21)(19) When performing building code inspection services,
992 a private provider is subject to the disciplinary guidelines of
993 the applicable professional board with jurisdiction over his or
994 her license or certification under chapter 468, chapter 471, or
995 chapter 481. All private providers are shall be subject to the
996 disciplinary guidelines of s. 468.621(1)(c)-(h). Any complaint
997 processing, investigation, and discipline that arise out of a
998 private provider’s performance of building code inspection
999 services must shall be conducted by the applicable professional
1000 board.
1001 (22)(20) A local building code enforcement agency may not
1002 audit the performance of building code inspection services by
1003 private providers operating within the local jurisdiction until
1004 the agency has created standard operating private provider audit
1005 procedures for the agency’s internal inspection and review
1006 staff, which includes, at a minimum, the private provider audit
1007 purpose and scope, private provider audit criteria, an
1008 explanation of private provider audit processes and objections,
1009 and detailed findings of areas of noncompliance. Such private
1010 provider audit procedures must be publicly available online, and
1011 a printed version must be readily accessible in agency
1012 buildings. The private provider audit results of staff for the
1013 prior two quarters also must be publicly available. The agency’s
1014 audit processes must adhere to the agency’s posted standard
1015 operating audit procedures. The same private provider or private
1016 provider firm may not be audited more than four times in a year
1017 unless the local building official determines a condition of a
1018 building constitutes an immediate threat to public safety and
1019 welfare, which must be communicated in writing to the private
1020 provider or private provider firm. The private provider or
1021 private provider firm must be given notice of each audit to be
1022 performed at least 5 business days before the audit. Work on a
1023 building or structure may proceed after inspection and approval
1024 by a private provider. The work may not be delayed for
1025 completion of an inspection audit by the local building code
1026 enforcement agency.
1027 (23)(21) The local government, the local building official,
1028 and their building code enforcement personnel are shall be
1029 immune from liability to any person or party for any action or
1030 inaction by a fee owner of a building, or by a private provider
1031 or its duly authorized representative, in connection with
1032 building code inspection services as authorized in this act. The
1033 local government, local enforcement agency, local building
1034 official, and building code enforcement personnel may not
1035 prohibit or discourage the use of a private provider or a
1036 private provider firm.
1037 (24)(22) Notwithstanding any other law, a county, a
1038 municipality, a school district, or an independent special
1039 district may use a private provider or a private provider firm,
1040 or may employ a licensed building inspector as described in s.
1041 468.603 or a person who holds the same licensure or
1042 certification as a private provider, to provide building code
1043 inspection services for a public works project, an improvement,
1044 a building, or any other structure that is owned by the county,
1045 municipality, school district, or independent special district.
1046 Section 8. Paragraph (a) of subsection (1) of section
1047 553.792, Florida Statutes, is amended to read:
1048 553.792 Building permit application to local government.—
1049 (1)(a) A local government must approve, approve with
1050 conditions, or deny a building permit application after receipt
1051 of a completed and sufficient application within the following
1052 timeframes, unless the applicant waives such timeframes in
1053 writing:
1054 1. Within 5 business days after receiving a complete and
1055 sufficient application, for an applicant using a local
1056 government plans reviewer to obtain the following building
1057 permits for an existing single-family residential dwelling if
1058 the value of the work is less than $15,000: structural,
1059 accessory structure, alarm, electrical, gas, irrigation,
1060 landscaping, mechanical, plumbing, or roofing.
1061 2.1. Within 30 business days after receiving a complete and
1062 sufficient application, for an applicant using a local
1063 government plans reviewer to obtain the following building
1064 permits if the structure is less than 7,500 square feet:
1065 residential units, including a single-family residential unit or
1066 a single-family residential dwelling, accessory structure,
1067 alarm, electrical, irrigation, landscaping, mechanical,
1068 plumbing, or roofing.
1069 3.2. Within 60 business days after receiving a complete and
1070 sufficient application, for an applicant using a local
1071 government plans reviewer to obtain the following building
1072 permits if the structure is 7,500 square feet or more:
1073 residential units, including a single-family residential unit or
1074 a single-family residential dwelling, accessory structure,
1075 alarm, electrical, irrigation, landscaping, mechanical,
1076 plumbing, or roofing.
1077 4.3. Within 60 business days after receiving a complete and
1078 sufficient application, for an applicant using a local
1079 government plans reviewer to obtain the following building
1080 permits: signs or nonresidential buildings that are less than
1081 25,000 square feet.
1082 5.4. Within 60 business days after receiving a complete and
1083 sufficient application, for an applicant using a local
1084 government plans reviewer to obtain the following building
1085 permits: multifamily residential, not exceeding 50 units; site
1086 plan approvals and subdivision plats not requiring public
1087 hearing or public notice; and lot grading and site alteration.
1088 6.5. Within 12 business days after receiving a complete and
1089 sufficient application, for an applicant using a master building
1090 permit consistent with s. 553.794 to obtain a site-specific
1091 building permit.
1092 7.6. Within 10 business days after receiving a complete and
1093 sufficient application, for an applicant for a single-family
1094 residential dwelling applied for by a contractor licensed in
1095 this state on behalf of a property owner who participates in a
1096 Community Development Block Grant-Disaster Recovery program
1097 administered by the Department of Commerce, unless the permit
1098 application fails to satisfy the Florida Building Code or the
1099 enforcing agency’s laws or ordinances.
1100
1101 However, the local government may not require the waiver of the
1102 timeframes in this section as a condition precedent to reviewing
1103 an applicant’s building permit application.
1104 Section 9. Paragraph (c) is added to subsection (1) of
1105 section 720.3035, Florida Statutes, to read:
1106 720.3035 Architectural control covenants; parcel owner
1107 improvements; rights and privileges.—
1108 (1)
1109 (c) An association or any architectural, construction
1110 improvement, or other such similar committee of an association
1111 may not require a building permit to be issued by a governmental
1112 authority to a parcel owner as a prerequisite for review by the
1113 association or committee concerning the construction of
1114 structures or improvements on the parcel.
1115 Section 10. This act shall take effect July 1, 2026.
1116
1117 ================= T I T L E A M E N D M E N T ================
1118 And the title is amended as follows:
1119 Delete everything before the enacting clause
1120 and insert:
1121 A bill to be entitled
1122 An act relating to building permits and inspections;
1123 amending s. 125.56, F.S.; providing for expiration of
1124 certain building permits issued by a county after a
1125 specified timeframe; providing construction; amending
1126 s. 489.129, F.S.; providing that certain persons are
1127 not subject to discipline for performing a job without
1128 applicable permits and inspections if otherwise
1129 provided by law; amending s. 553.382, F.S.; providing
1130 that any certified residential manufactured building
1131 may not be denied a building permit for placement on
1132 specified lots or property associations; creating s.
1133 553.385, F.S.; defining the terms “local government”
1134 and “offsite-constructed residential dwelling”;
1135 requiring that an offsite-constructed residential
1136 dwelling be permitted as of right in any zoning
1137 district where certain dwellings are allowed;
1138 prohibiting a local government from adopting or
1139 enforcing a certain zoning, land use, or development
1140 regulation that treats an offsite-constructed
1141 residential dwelling differently or more restrictively
1142 than certain dwellings in the same district; providing
1143 construction; authorizing a local government to adopt
1144 compatibility standards for specified architectural
1145 features; prohibiting a local government from treating
1146 offsite-constructed residential dwellings differently
1147 than factory-built buildings based on the method or
1148 location of construction; prohibiting a local
1149 government from adopting or enforcing certain zoning,
1150 land use, or development ordinances or regulations;
1151 prohibiting local government ordinances or regulations
1152 from having the effect of excluding offsite
1153 constructed residential dwellings; requiring that such
1154 ordinances or regulations be reasonable and uniformly
1155 enforced without distinction as to type of housing;
1156 providing that any such ordinance or regulation is
1157 void and unenforceable as applied to offsite
1158 constructed residential dwellings; amending s. 553.77,
1159 F.S.; requiring the Florida Building Commission to
1160 adopt by rule uniform statewide building permit
1161 applications for commercial and residential
1162 construction projects; requiring that such building
1163 permit applications, to the extent feasible, be
1164 capable of integration with existing building permit
1165 software systems used by local governments and account
1166 for local amendments to the Florida Building Code;
1167 amending s. 553.79, F.S.; requiring local enforcement
1168 agencies to allow building permit applicants to submit
1169 certain documents and payments electronically;
1170 authorizing building officials to accept such
1171 documents and payments in person in a nonelectronic
1172 format; providing that a building permit issued by a
1173 local government for a single-family dwelling expires
1174 after a specified timeframe; authorizing a local
1175 government to extend such a building permit beyond the
1176 specified timeframe; prohibiting inspection fees from
1177 being based on the total cost of a project and from
1178 exceeding the actual inspection costs incurred by the
1179 local enforcement agency; prohibiting a local
1180 government that issues building permits from requiring
1181 the owner of a single-family dwelling or the owner’s
1182 contractor to obtain a building permit to perform work
1183 that is at valued less than a specified sum; providing
1184 exceptions; prohibiting the division of a construction
1185 project into more than one project for a specified
1186 purpose; requiring certain persons who perform work on
1187 a property to file a notice of permit exemption with
1188 the local enforcement agency within a specified
1189 timeframe; providing that a notice is not required for
1190 work performed personally by the property owner;
1191 providing that a local government has no legal duty to
1192 the owner, contractor, or their successors or assigns
1193 for such work performed; prohibiting a local
1194 government that issues building permits from requiring
1195 an owner of certain dwellings, or the owner’s
1196 contractor, to obtain a building permit for certain
1197 work under certain circumstances; providing that a
1198 local government has no legal duty to the owner,
1199 contractor, or their successors or assigns for such
1200 work performed; authorizing the Florida Building
1201 Commission to adopt rules; prohibiting a local
1202 government that issues building permits from requiring
1203 a building permit for each lot or parcel upon which a
1204 retaining wall is installed on the property of certain
1205 buildings; providing construction; prohibiting a
1206 political subdivision from imposing certain
1207 requirements for glazing on certain proposed
1208 construction or restoration projects; providing an
1209 exception; defining the terms “glazing” and “primary
1210 facade”; amending s. 553.791, F.S.; revising
1211 definitions; defining the term “registration”;
1212 revising the authorization of a fee owner or the fee
1213 owner’s contractor to use a private provider for
1214 certain services to include plans review; requiring
1215 that the written authorization of a fee owner to a
1216 contractor for the use of a private provider be
1217 explicit; providing that such explicit written
1218 authorization be submitted to the local building
1219 official; prohibiting a local enforcement agency from
1220 requiring that the explicit written authorization be
1221 submitted as part of a permit application or as a
1222 condition for issuing a permit; specifying how the
1223 permit fee must be calculated; prohibiting a local
1224 jurisdiction from charging certain administrative fees
1225 or other additional fees; requiring the local
1226 jurisdiction to promptly provide equal access to all
1227 permitting and inspection documents and reports to the
1228 private provider, fee owner, and contractor under
1229 certain circumstances; specifying requirements for
1230 reduced permit fees and surcharge calculations;
1231 prohibiting local governmental entities and local
1232 building officials from requiring additional forms in
1233 certain circumstances; providing an exception;
1234 requiring local enforcement agencies to create a
1235 registration system for private providers and private
1236 provider firms working in their jurisdiction;
1237 requiring a local enforcement agency to establish a
1238 method to register and update registration information
1239 electronically; prohibiting local enforcement agencies
1240 from charging an administrative fee for registration
1241 or updating registration; requiring private providers
1242 and private provider firms to include certain
1243 information when registering; prohibiting a private
1244 provider or a private provider firm from working in
1245 the local enforcement agency’s jurisdiction until it
1246 registers; requiring the private provider or private
1247 provider firm to update its registration within a
1248 specified timeframe if there is a change in specified
1249 information; prohibiting local enforcement agencies
1250 from altering a form adopted by the commission;
1251 deleting a requirement that a private provider’s
1252 qualification statements or resumes be included in a
1253 certain notice; deleting time restrictions for
1254 electing to use a private provider; revising the
1255 authorization for a fee owner or the fee owner’s
1256 contractor to use a private provider to provide
1257 inspection services for single-trade inspections for a
1258 single-family or two-family dwelling; requiring local
1259 enforcement agencies to accept electronically
1260 submitted affidavits; specifying which forms and
1261 documents a local building official may not review;
1262 providing that a local building official may review
1263 certain forms and documents for completeness only;
1264 requiring that written notice of incomplete forms be
1265 given to an applicant within a specified timeframe;
1266 requiring the written notice to state with specificity
1267 which forms or documents are incomplete; deleting a
1268 requirement that the local building official issue the
1269 requested permit or provide a written notice to the
1270 permit applicant with specific information within a
1271 specified timeframe; revising the circumstances for
1272 when any time periods are tolled for any incomplete
1273 forms or documents; making technical changes; revising
1274 the timeframe in which the local building official has
1275 to issue the requested permit or provide a second
1276 written notice; providing that certain permits are
1277 deemed approved and a local building official is
1278 required to issue the permit within a specified
1279 timeframe; deleting a requirement of private providers
1280 that are performing required inspections to provide
1281 notice to the local building official of specified
1282 information; deleting a provision authorizing the
1283 local building official to visit the building site as
1284 often as necessary to verify certain information;
1285 prohibiting the local jurisdiction from charging
1286 reaudit or reinspection fees under certain
1287 circumstances; providing that local enforcement
1288 agencies are not responsible for the administration or
1289 supervision of services performed by a private
1290 provider; conforming provisions to changes made by the
1291 act; prohibiting local building officials from failing
1292 certain inspections under certain circumstances;
1293 revising the timeframe in which certain records must
1294 be provided; authorizing certain persons to sign
1295 certificates of compliance; authorizing a local
1296 building official to perform certain building
1297 inspections under certain circumstances; specifying
1298 requirements for local building officials under such
1299 circumstances; providing that a local building
1300 official may review certain forms and documents for
1301 completeness only; deleting a provision authorizing
1302 certain governmental entities to establish a system of
1303 registration for certain private providers, private
1304 provider firms, and duly authorized representatives;
1305 providing that certain virtual inspections may not be
1306 prohibited or limited; requiring that a private
1307 provider or private provider firm subject to an audit
1308 be given notice of such audit to be performed within a
1309 specified timeframe; prohibiting certain entities from
1310 prohibiting or discouraging the use of private
1311 providers; revising a provision authorizing a county,
1312 a municipality, a school district, or an independent
1313 special district to use a private provider or private
1314 provider firm, or a licensed building inspector or a
1315 person who holds the same licensure or certification
1316 as a private provider, to provide certain services;
1317 amending s. 553.792, F.S.; revising the timeframe in
1318 which a local government must approve, approve with
1319 conditions, or deny certain work on certain buildings
1320 if such work is valued at less than a specified sum;
1321 amending s. 720.3035, F.S.; prohibiting an association
1322 or certain committees from requiring a building permit
1323 as a prerequisite for a certain review; providing an
1324 effective date.