Florida Senate - 2026 SB 526
By Senator Grall
29-00337C-26 2026526__
1 A bill to be entitled
2 An act relating to commercial construction projects;
3 creating s. 287.05702, F.S.; defining the term
4 “awarding body”; providing that provisions contained
5 in public construction contracts which purport to
6 waive, release, or extinguish certain rights of a
7 contractor are void and unenforceable under specified
8 circumstances; providing construction; providing that
9 certain contract provisions that are void and
10 unenforceable are severable from the contract;
11 providing applicability; creating s. 553.789, F.S.;
12 requiring the Florida Building Commission, in
13 consultation with the Department of Business and
14 Professional Regulation, to create a uniform
15 commercial building permit application; requiring that
16 such application include certain information and be
17 accepted statewide; prohibiting such application from
18 being modified; authorizing local enforcement agencies
19 to require supplemental forms or additional
20 documentation or plans for specified commercial
21 construction projects; providing requirements for the
22 use and standardization of such supplemental forms;
23 requiring local enforcement agencies to allow certain
24 reviews to take place simultaneously; requiring the
25 commission to publish on its website and make
26 available to local enforcement agencies and applicants
27 the uniform commercial building application by a
28 specified date; amending s. 553.791, F.S.; defining
29 the term “commercial construction project”; requiring
30 local enforcement agencies to reduce permit fees for
31 commercial construction projects by certain
32 percentages under certain circumstances; prohibiting
33 local enforcement agencies from collecting any fees
34 for commercial construction projects under certain
35 circumstances; providing construction; amending s.
36 553.842, F.S.; revising the products requiring
37 statewide approval to include mitigation products;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 287.05702, Florida Statutes, is created
43 to read:
44 287.05702 Public construction contract provisions barring
45 delay or time extensions declared void.—
46 (1) As used in this section, the term “awarding body” has
47 the same meaning as in s. 287.05701(1).
48 (2) A provision contained in a public construction contract
49 which purports to waive, release, or extinguish the rights of a
50 contractor to recover costs, damages, or equitable adjustments,
51 or to obtain a time extension, for delays in performing such
52 contract, either on his or her own behalf or on behalf of a
53 subcontractor, is void and unenforceable as against public
54 policy if the delay is caused, in whole or in part, by acts or
55 omissions of the awarding body, its agents or employees, or any
56 person acting on its behalf.
57 (3) A provision contained in a public construction contract
58 which purports to deny or restrict a contractor’s right to a
59 time extension for a concurrent delay is void and unenforceable
60 as against public policy if the awarding body contributed to the
61 delay through acts or omissions of the awarding body, its agents
62 or employees, or any person acting on its behalf.
63 (4) This section may not be construed to render void or
64 unenforceable a provision of a public construction contract
65 which:
66 (a) Requires notice of any delay by the party claiming the
67 delay;
68 (b) Allows an awarding body to recover liquidated damages
69 for a delay caused by the acts or omissions of the contractor or
70 its subcontractors, agents, or employees; or
71 (c) Provides for arbitration or any other procedure
72 designed to settle contract disputes.
73 (5) If a public construction contract contains a provision
74 that is void and unenforceable under this section, the provision
75 must be severed from the contract, and the remaining provisions
76 remain in full force and effect.
77 (6) This section applies to all public construction
78 contracts entered into on or after July 1, 2026.
79 Section 2. Section 553.789, Florida Statutes, is created to
80 read:
81 553.789 Uniform commercial building permit application.—
82 (1) The commission, in consultation with the department,
83 shall create a uniform commercial building permit application.
84 The uniform commercial building permit application must, at a
85 minimum, require all of the following information:
86 (a) The name and contact information of the property owner.
87 (b) The name, license number, and contact information of
88 the contractor.
89 (c) The address and parcel identification number of the
90 construction project.
91 (d) The project type and occupancy classification under the
92 Florida Building Code.
93 (e) A description of the construction project, including
94 whether the project is new construction or an alteration, an
95 addition, or a repair.
96 (f) The total square footage and the declared value of the
97 construction project.
98 (g) The architect or engineer of record, if applicable.
99 (h) The identification of any private provider service if
100 used pursuant to s. 553.791.
101 (2) The uniform commercial building permit application must
102 be accepted statewide and may not be modified.
103 (3) A local enforcement agency may require supplemental
104 forms for commercial construction projects based on the scope of
105 the project. The use of supplemental forms may not expand the
106 applicable timelines during which plans must be reviewed and
107 permits must be issued. Supplemental forms must be standardized
108 and used statewide, but local enforcement agencies may not
109 replace or alter the format, content, or substance of the
110 uniform commercial building permit application. Supplemental
111 forms may be used for any of the following commercial
112 construction projects:
113 (a) High-rise construction.
114 (b) Health care facilities.
115 (c) Industrial or warehouse facilities.
116 (d) Mixed-use occupancies.
117 (4) A local enforcement agency may require additional
118 documentation or plans reasonably necessary to demonstrate
119 compliance with the Florida Building Code or local zoning
120 ordinances. Such additional documentation or plans may not alter
121 the format, content, or substance of the uniform commercial
122 building permit application.
123 (5) A local enforcement agency shall allow relevant plan
124 reviews to take place simultaneously.
125 (6) The commission shall publish on its website and make
126 available to all local enforcement agencies and applicants the
127 uniform commercial building permit application by July 1, 2026.
128 Section 3. Present paragraphs (e) through (s) of subsection
129 (1) of section 553.791, Florida Statutes, are redesignated as
130 paragraphs (f) through (t), respectively, a new paragraph (e) is
131 added to that subsection, paragraph (d) is added to subsection
132 (2) of that section, and paragraph (b) of subsection (17) of
133 that section is amended, to read:
134 553.791 Alternative plans review and inspection.—
135 (1) As used in this section, the term:
136 (e) “Commercial construction project” means the
137 construction, alteration, or repair of a building or structure
138 that is primarily intended for business, industrial,
139 institutional, or mercantile use and is not classified as
140 residential under the Florida Building Code.
141 (2)
142 (d) If an owner or a contractor retains a private provider
143 for purposes of plans review or building inspection services for
144 a commercial construction project, the local enforcement agency
145 must reduce the permit fee by at least 50 percent of the portion
146 of the permit fee attributable to plans review or building
147 inspection services, as applicable. If an owner or a contractor
148 retains a private provider for all required plans review and
149 building inspection services, the local enforcement agency must
150 reduce the total permit fee by at least 75 percent of the amount
151 otherwise charged for such services. If a local enforcement
152 agency does not reduce its fees by at least the applicable
153 percentage provided in this paragraph, the local enforcement
154 agency forfeits the ability to collect any fees for the
155 commercial construction project. This paragraph does not
156 prohibit a local enforcement agency from reducing its fees in
157 excess of the percentages provided in this paragraph.
158 (17)
159 (b) A local enforcement agency, local building official, or
160 local government may establish, for private providers, private
161 provider firms, and duly authorized representatives working
162 within that jurisdiction, a system of registration to verify
163 compliance with the licensure requirements of paragraph (1)(o)
164 (1)(n) and the insurance requirements of subsection (18).
165 Section 4. Subsection (5) of section 553.842, Florida
166 Statutes, is amended to read:
167 553.842 Product evaluation and approval.—
168 (5) Statewide approval of products, methods, or systems of
169 construction may be achieved by one of the following methods.
170 One of these methods must be used by the commission to approve
171 the following categories of products: panel walls, exterior
172 doors, roofing, skylights, windows, shutters, impact protective
173 systems, mitigation, and structural components as established by
174 the commission by rule. A product may not be advertised, sold,
175 offered, provided, distributed, or marketed as hurricane,
176 windstorm, or impact protection from wind-borne debris from a
177 hurricane or windstorm unless it is approved pursuant to this
178 section or s. 553.8425. Any person who advertises, sells,
179 offers, provides, distributes, or markets a product as
180 hurricane, windstorm, or impact protection from wind-borne
181 debris without such approval is subject to the Florida Deceptive
182 and Unfair Trade Practices Act under part II of chapter 501
183 brought by the enforcing authority as defined in s. 501.203.
184 (a) Products for which the code establishes standardized
185 testing or comparative or rational analysis methods shall be
186 approved by submittal and validation of one of the following
187 reports or listings indicating that the product or method or
188 system of construction was in compliance with the Florida
189 Building Code and that the product or method or system of
190 construction is, for the purpose intended, at least equivalent
191 to that required by the Florida Building Code:
192 1. A certification mark or listing of an approved
193 certification agency, which may be used only for products for
194 which the code designates standardized testing;
195 2. A test report from an approved testing laboratory;
196 3. A product evaluation report based upon testing or
197 comparative or rational analysis, or a combination thereof, from
198 an approved product evaluation entity; or
199 4. A product evaluation report based upon testing or
200 comparative or rational analysis, or a combination thereof,
201 developed and signed and sealed by a professional engineer or
202 architect, licensed in this state.
203
204 A product evaluation report or a certification mark or listing
205 of an approved certification agency which demonstrates that the
206 product or method or system of construction complies with the
207 Florida Building Code for the purpose intended is equivalent to
208 a test report and test procedure referenced in the Florida
209 Building Code. An application for state approval of a product
210 under subparagraph 1. or subparagraph 3. must be approved by the
211 department after the commission staff or a designee verifies
212 that the application and related documentation are complete.
213 This verification must be completed within 10 business days
214 after receipt of the application. Upon approval by the
215 department, the product shall be immediately added to the list
216 of state-approved products maintained under subsection (13).
217 Approvals by the department shall be reviewed and ratified by
218 the commission’s program oversight committee except for a
219 showing of good cause that a review by the full commission is
220 necessary. The commission shall adopt rules providing means to
221 cure deficiencies identified within submittals for products
222 approved under this paragraph.
223 (b) Products, methods, or systems of construction for which
224 there are no specific standardized testing or comparative or
225 rational analysis methods established in the code may be
226 approved by submittal and validation of one of the following:
227 1. A product evaluation report based upon testing or
228 comparative or rational analysis, or a combination thereof, from
229 an approved product evaluation entity indicating that the
230 product or method or system of construction was in compliance
231 with the intent of the Florida Building Code and that the
232 product or method or system of construction is, for the purpose
233 intended, at least equivalent to that required by the Florida
234 Building Code; or
235 2. A product evaluation report based upon testing or
236 comparative or rational analysis, or a combination thereof,
237 developed and signed and sealed by a professional engineer or
238 architect, licensed in this state, who certifies that the
239 product or method or system of construction is, for the purpose
240 intended, at least equivalent to that required by the Florida
241 Building Code.
242 Section 5. This act shall take effect July 1, 2026.