Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS/CS/HB 803, 1st Eng.
Ì140962,Î140962
LEGISLATIVE ACTION
Senate . House
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Senator DiCeglie moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 123 - 1101
4 and insert:
5 Section 2. Present subsection (4) of section 287.056,
6 Florida Statutes, is redesignated as subsection (5), and a new
7 subsection (4) is added to that section, to read:
8 287.056 Purchases from purchasing agreements and state term
9 contracts; vendor disqualification.—
10 (4) The department shall enter into and maintain one or
11 more state term contracts with vendors for the purpose of
12 providing building code inspection services as defined in s.
13 553.791.
14 Section 3. Section 468.634, Florida Statutes, is created to
15 read:
16 468.634 Certification by endorsement during a state of
17 emergency.—Notwithstanding any other law, a person may act in
18 any of the following positions under the direction of the local
19 building official for a period of 1 year from the date of a
20 declaration of a state of emergency issued by the Governor for a
21 natural emergency, a manmade emergency, or a technological
22 emergency as those terms are defined in s. 252.34, if such
23 person has entered into a state term contract pursuant to s.
24 287.056, is qualified for such work in any state that has a
25 mutual aid agreement pursuant to s. 252.40(2), or has held a
26 valid license for such work in any state for 5 years immediately
27 before the date of the declaration:
28 (1) Building code inspector.
29 (2) Building inspector.
30 (3) Coastal construction inspector.
31 (4) Commercial electrical inspector.
32 (5) Electrical inspector.
33 (6) Mechanical inspector.
34 (7) Plumbing inspector.
35 (8) Residential electrical inspector.
36 (9) Residential inspector.
37 (10) Plans examiner.
38 (11) Building plans examiner.
39 (12) Plumbing plans examiner.
40 (13) Mechanical plans examiner.
41 (14) Electrical plans examiner.
42 Section 4. Paragraph (o) of subsection (1) of section
43 489.129, Florida Statutes, is amended to read:
44 489.129 Disciplinary proceedings.—
45 (1) The board may take any of the following actions against
46 any certificateholder or registrant: place on probation or
47 reprimand the licensee, revoke, suspend, or deny the issuance or
48 renewal of the certificate or registration, require financial
49 restitution to a consumer for financial harm directly related to
50 a violation of a provision of this part, impose an
51 administrative fine not to exceed $10,000 per violation, require
52 continuing education, or assess costs associated with
53 investigation and prosecution, if the contractor, financially
54 responsible officer, or business organization for which the
55 contractor is a primary qualifying agent, a financially
56 responsible officer, or a secondary qualifying agent responsible
57 under s. 489.1195 is found guilty of any of the following acts:
58 (o) Proceeding on any job without obtaining applicable
59 local building department permits and inspections, unless
60 otherwise provided by law.
61
62 For the purposes of this subsection, construction is considered
63 to be commenced when the contract is executed and the contractor
64 has accepted funds from the customer or lender. A contractor
65 does not commit a violation of this subsection when the
66 contractor relies on a building code interpretation rendered by
67 a building official or person authorized by s. 553.80 to enforce
68 the building code, absent a finding of fraud or deceit in the
69 practice of contracting, or gross negligence, repeated
70 negligence, or negligence resulting in a significant danger to
71 life or property on the part of the building official, in a
72 proceeding under chapter 120.
73 Section 5. Section 553.382, Florida Statutes, is amended to
74 read:
75 553.382 Placement of certain housing.—Notwithstanding any
76 other law or ordinance to the contrary, in order to expand the
77 availability of affordable housing in this state, any
78 residential manufactured building that is certified under this
79 chapter by the department may not be denied a building permit
80 for placement be placed on a mobile home lot in a mobile home
81 park, on a lot in a recreational vehicle park, or in a mobile
82 home condominium, cooperative, or subdivision. Any such housing
83 unit placed on a mobile home lot is a mobile home for purposes
84 of chapter 723 and, therefore, all rights, obligations, and
85 duties under chapter 723 apply, including the specifics of the
86 prospectus. However, a housing unit subject to this section may
87 not be placed on a mobile home lot without the prior written
88 approval of the park owner. Each housing unit located on a
89 mobile home lot and subject to this section shall be taxed as a
90 mobile home under s. 320.08(11) and is subject to payments to
91 the Florida Mobile Home Relocation Fund under s. 723.06116.
92 Section 6. Section 553.385, Florida Statutes, is created to
93 read:
94 553.385 Permitting and zoning of offsite-constructed
95 residential dwellings; parity.—
96 (1) As used in this section, the term:
97 (a) “Local government” means a county or municipality.
98 (b) “Offsite-constructed residential dwelling” means a
99 manufactured building as defined in s. 553.36(13) which is
100 intended for single-family residential use, or a manufactured
101 home as defined in s. 320.01(2)(b) which is constructed in whole
102 or in part offsite and is treated as real property.
103 (2)(a) An offsite-constructed residential dwelling must be
104 permitted as of right in any zoning district where single-family
105 detached dwellings are allowed.
106 (b) A local government may not adopt or enforce any zoning,
107 land use, or development regulation that treats an offsite
108 constructed residential dwelling differently or more
109 restrictively than a single-family site-built dwelling allowed
110 in the same district.
111 (c) This section does not prohibit a local government from
112 applying generally applicable architectural, aesthetic, design,
113 setback, height, or bulk standards to offsite-constructed
114 residential dwellings, provided such standards apply equally to
115 site-built single-family dwellings permitted in the same
116 district. A local government may adopt compatibility standards
117 that are limited to the following architectural features:
118 1. Roof pitch.
119 2. Square footage of livable space.
120 3. Type and quality of exterior finishing materials.
121 4. Foundation enclosure.
122 5. Existence and type of attached structures.
123 6. Building setbacks, lot dimensions, and the orientation
124 of the home on the lot.
125 (d) A local government may not treat offsite-constructed
126 residential dwellings differently than factory-built buildings
127 subject to s. 553.38 based on the method or location of
128 construction.
129 (3) A local government may not adopt or enforce any zoning,
130 land use, or development ordinance or regulation that conflicts
131 with this section or s. 553.38, or that imposes different or
132 more restrictive treatment on an offsite-constructed residential
133 dwelling based on its method of construction or the presence of
134 components built off site. Local government ordinances or
135 regulations may not have the effect of excluding offsite
136 constructed residential dwellings and must be reasonable and
137 uniformly enforced without any distinction as to the type of
138 housing. Any such ordinance or regulation is void and
139 unenforceable as applied to offsite-constructed residential
140 dwellings.
141 Section 7. Present paragraphs (b) through (m) of subsection
142 (1) of section 553.77, Florida Statutes, are redesignated as
143 paragraphs (c) through (n), respectively, a new paragraph (b) is
144 added to that subsection, and present paragraph (c) of that
145 subsection is amended, to read:
146 553.77 Specific powers of the commission.—
147 (1) The commission shall:
148 (b) By July 1, 2027, adopt by rule a uniform commercial
149 building permit application to be used statewide for commercial
150 construction projects and a uniform residential building permit
151 application to be used statewide for residential construction
152 projects. To the extent feasible, the uniform commercial
153 building permit application and the uniform residential building
154 permit application adopted by the commission must be capable of
155 integration with existing building permit software systems used
156 by local governments and must account for local amendments to
157 the Florida Building Code.
158 (d)(c) Upon written application by any substantially
159 affected person or a local enforcement agency, issue declaratory
160 statements pursuant to s. 120.565 relating to new technologies,
161 techniques, and materials which have been tested where necessary
162 and found to meet the objectives of the Florida Building Code.
163 This paragraph does not apply to the types of products,
164 materials, devices, or methods of construction required to be
165 approved under paragraph (g) (f).
166 Section 8. Paragraphs (a), (b), (c), and (f) of subsection
167 (1) and paragraph (a) of subsection (24) of section 553.79,
168 Florida Statutes, are amended, and paragraphs (g), (h), and (i)
169 are added to subsection (1) of that section, to read:
170 553.79 Permits; applications; issuance; inspections.—
171 (1)(a) Unless otherwise provided by law, after the
172 effective date of the Florida Building Code adopted as herein
173 provided, it shall be unlawful for any person, firm,
174 corporation, or governmental entity to construct, erect, alter,
175 modify, repair, or demolish any building within this state
176 without first obtaining a permit therefor from the appropriate
177 enforcing agency or from such persons as may, by appropriate
178 resolution or regulation of the authorized state or local
179 enforcing agency, be delegated authority to issue such permits,
180 upon the payment of such reasonable fees adopted by the
181 enforcing agency. The enforcing agency is empowered to revoke
182 any such permit upon a determination by the agency that the
183 construction, erection, alteration, modification, repair, or
184 demolition of the building for which the permit was issued is in
185 violation of, or not in conformity with, the provisions of the
186 Florida Building Code. Whenever a permit required under this
187 section is denied or revoked because the plan, or the
188 construction, erection, alteration, modification, repair, or
189 demolition of a building, is found by the local enforcing agency
190 to be not in compliance with the Florida Building Code, the
191 local enforcing agency shall identify the specific plan or
192 project features that do not comply with the applicable codes,
193 identify the specific code chapters and sections upon which the
194 finding is based, and provide this information to the permit
195 applicant. A plans reviewer or building code administrator who
196 is responsible for issuing a denial, revocation, or modification
197 request but fails to provide to the permit applicant a reason
198 for denying, revoking, or requesting a modification, based on
199 compliance with the Florida Building Code or local ordinance, is
200 subject to disciplinary action against his or her license
201 pursuant to s. 468.621(1)(i). Installation, replacement,
202 removal, or metering of any load management control device is
203 exempt from and shall not be subject to the permit process and
204 fees otherwise required by this section.
205 (b) A local enforcement agency shall post each type of
206 building permit application, as adopted by the commission,
207 including a list of all required attachments, drawings, or other
208 requirements for each type of application, on its website. A
209 local enforcement agency shall must post and update the status
210 of every received application on its website until the issuance
211 of the building permit. A local enforcement agency shall allow
212 applicants to submit completed applications, including payments,
213 attachments, drawings, or other requirements or parts of the
214 completed permit application, must be able to be submitted
215 electronically to the appropriate building department. Accepted
216 methods of electronic submission include, but are not limited
217 to, e-mail submission of applications in Portable Document
218 Format or submission of applications through an electronic fill
219 in form available on the building department’s website or
220 through a third-party submission management software. A building
221 official, at his or her discretion, may accept completed
222 applications, including payments, attachments, drawings, or
223 other requirements or parts of the completed permit application,
224 may also be submitted in person in a nonelectronic format, at
225 the discretion of the building official.
226 (c) A local government that issues building permits may
227 send a written notice of expiration, by e-mail or United States
228 Postal Service, to the owner of the property and the contractor
229 listed on the permit, no less than 30 days before a building
230 permit is set to expire. The written notice must identify the
231 permit that is set to expire and the date the permit will
232 expire. A building permit issued by a local government for a
233 single-family dwelling expires 1 year after the issuance of the
234 permit or on the effective date of the next edition of the
235 Florida Building Code, whichever is later. However, this
236 paragraph does not prevent a local government from extending a
237 building permit beyond the expiration date.
238 (f) A local government may not require a contract between a
239 builder and an owner, any copies of such contract, or any
240 associated document, including, but not limited to, letters of
241 intent, material costs lists, labor costs, or overhead or profit
242 statements, for the issuance of a building permit or as a
243 requirement for the submission of a building permit application.
244 Inspection fees may not be based on the total cost of a project
245 and may not exceed the actual inspection costs incurred by the
246 local enforcement agency.
247 (g)1. A local government that issues building permits shall
248 exempt an owner of a single-family dwelling or the owner’s
249 contractor from the requirement to obtain a building permit to
250 perform any work valued at less than $7,500 on the owner’s
251 property.
252 2. The exemption under subparagraph 1. does not apply to
253 any of the following:
254 a. Work on a property that is partially or entirely located
255 in a flood hazard area as defined by the Florida Building Code.
256 b. Any electrical, plumbing, structural, mechanical, or gas
257 work performed on property containing a single-family dwelling.
258 A construction project may not be divided into more than one
259 project for the purpose of evading the requirements of this
260 paragraph.
261 3. To qualify for the exemption under subparagraph 1., the
262 owner or the owner’s contractor must submit a written request
263 for exemption to the local enforcement agency with a copy of the
264 contract or other documentation demonstrating the nature and the
265 value of the work to be performed.
266 4. A local government has no legal duty to the owner,
267 contractor, or successors or assigns thereof for exempted work
268 performed under this paragraph.
269 (h)1. A local government that issues building permits shall
270 exempt an owner of a single-family dwelling or the owner’s
271 contractor from the requirement to obtain a building permit for
272 the installation of temporary residential hurricane and flood
273 protection walls or barriers that meet all of the following
274 conditions:
275 a. The wall or barrier is nonhabitable and non-load
276 bearing.
277 b. The wall or barrier is installed on the residential
278 property of a single-family or two-family dwelling or townhouse.
279 c. The wall or barrier is constructed to mitigate or
280 prevent storm surge or floodwaters from entering a structure or
281 property.
282 d. The wall or barrier is installed by a contractor
283 licensed under part I of chapter 489.
284 e. The wall or barrier complies with applicable local
285 zoning, drainage, easement, and setback requirements.
286 2. The exemption under subparagraph 1. does not apply to
287 work on a property that is partially or entirely located in a
288 flood hazard area as defined by the Florida Building Code.
289 3. To qualify for the exemption under subparagraph 1., the
290 owner or the owner’s contractor must submit a written request
291 for exemption to the local enforcement agency with a copy of the
292 contract or other documentation demonstrating the nature of the
293 work to be performed.
294 4. A local government has no legal duty to the owner,
295 contractor, or successors or assigns thereof for work performed
296 under this paragraph.
297 5. The commission may adopt rules under s. 120.54 to
298 incorporate necessary standards to implement this paragraph.
299 (i) If a retaining wall spans more than one lot or parcel,
300 a local government that issues building permits must issue a
301 permit for a retaining wall for the project as a whole and may
302 not require a building permit for each lot or parcel upon which
303 a retaining wall is installed on the property of a single-family
304 or two-family residential dwelling or a townhouse.
305 (24)(a) A political subdivision of this state may not adopt
306 or enforce any ordinance or impose any building permit or other
307 development order requirement that:
308 1. Contains any building, construction, or aesthetic
309 requirement or condition that conflicts with or impairs
310 corporate trademarks, service marks, trade dress, logos, color
311 patterns, design scheme insignia, image standards, or other
312 features of corporate branding identity on real property or
313 improvements thereon used in activities conducted under chapter
314 526 or in carrying out business activities defined as a
315 franchise by Federal Trade Commission regulations in 16 C.F.R.
316 ss. 436.1, et. seq.; or
317 2. Imposes any requirement on the design, construction, or
318 location of signage advertising the retail price of gasoline in
319 accordance with the requirements of ss. 526.111 and 526.121
320 which prevents the signage from being clearly visible and
321 legible to drivers of approaching motor vehicles from a vantage
322 point on any lane of traffic in either direction on a roadway
323 abutting the gas station premises and meets height, width, and
324 spacing standards for Series C, D, or E signs, as applicable,
325 published in the latest edition of Standard Alphabets for
326 Highway Signs published by the United States Department of
327 Commerce, Bureau of Public Roads, Office of Highway Safety; or
328 3. Imposes a glazing requirement that results in the
329 glazing of more than 15 percent of the surface area of the
330 primary facade for the first 10 feet above the ground floor for
331 a proposed new commercial or mixed-use construction or
332 restoration project, except for individually listed contributing
333 structures in a National Register of Historic Places district.
334 For purposes of this subparagraph, the term:
335 a. “Glazing” means the installation of transparent or
336 translucent materials, including glass or similar substances, in
337 windows, doors, or storefronts. The term includes any actual or
338 faux windows to be installed on a building facade.
339 b. “Primary facade” means the single building side housing
340 the primary entrance to the building.
341 Section 9. Section 553.791, Florida Statutes, is amended to
342 read:
343 553.791 Alternative plans review and inspection.—
344 (1) As used in this section, the term:
345 (a) “Applicable codes” means the Florida Building Code and
346 any local technical amendments to the Florida Building Code but
347 does not include the applicable minimum fire prevention and
348 firesafety codes adopted pursuant to chapter 633.
349 (b) “Audit” means the process to confirm that the building
350 code inspection services have been performed by the private
351 provider, including ensuring that the required affidavit for the
352 plan review has been properly completed and submitted with the
353 permit documents and that the minimum mandatory inspections
354 required under the building code have been performed and
355 properly recorded. The local building official may not replicate
356 the plan review or inspection being performed by the private
357 provider, unless expressly authorized by this section.
358 (c) “Building” means any construction, erection,
359 alteration, demolition, or improvement of, or addition to, any
360 structure or site work for which permitting by a local
361 enforcement agency is required.
362 (d) “Building code inspection services” means those
363 services described in s. 468.603(5) and (8) involving the review
364 of building plans as well as those services involving the review
365 of site plans and site work engineering plans or their
366 functional equivalent, to determine compliance with applicable
367 codes and those inspections required by law, conducted either in
368 person or virtually, of each phase of construction for which
369 permitting by a local enforcement agency is required to
370 determine compliance with applicable codes.
371 (e) “Deliver” or “delivery” means any method of delivery
372 used in conventional business or commercial practice, including
373 delivery by electronic transmissions such as e-mail or
374 submission through an electronic fill-in form available on the
375 building department’s website or through a third-party
376 submission management software.
377 (f) “Duly authorized representative” means an agent of the
378 private provider identified in the permit application who
379 reviews plans or performs inspections as provided by this
380 section and who is licensed as an engineer under chapter 471 or
381 as an architect under chapter 481 or who holds a standard or
382 provisional certificate under part XII of chapter 468. A duly
383 authorized representative who only holds a provisional
384 certificate under part XII of chapter 468 must be under the
385 direct supervision of a person licensed as a building code
386 administrator under part XII of chapter 468.
387 (g) “Electronic signature” means any letters, characters,
388 or symbols manifested by electronic or similar means which are
389 executed or adopted by a party with an intent to authenticate a
390 writing or record.
391 (h) “Electronic transmission” or “submitted electronically”
392 means any form or process of communication not directly
393 involving the physical transfer of paper or another tangible
394 medium which is suitable for the retention, retrieval, and
395 reproduction of information by the recipient and is retrievable
396 in paper form by the receipt through an automated process. All
397 notices, documents, and applications provided for in this
398 section may be transmitted electronically and shall have the
399 same legal effect as if physically posted or mailed.
400 (i) “Electronically posted” means providing notices of
401 decisions, results, or records, including inspection records,
402 through the use of a website or other form of electronic
403 communication used to transmit or display information.
404 (j) “Immediate threat to public safety and welfare” means a
405 building code violation that, if allowed to persist, constitutes
406 an immediate hazard that could result in death, serious bodily
407 injury, or significant property damage. This paragraph does not
408 limit the authority of the local building official to issue a
409 Notice of Corrective Action at any time during the construction
410 of a building project or any portion of such project if the
411 official determines that a condition of the building or portion
412 thereof may constitute a hazard when the building is put into
413 use following completion as long as the condition cited is shown
414 to be in violation of the building code or approved plans.
415 (k) “Local building official” means the individual within
416 the governing jurisdiction responsible for direct regulatory
417 administration or supervision of plans review, enforcement, and
418 inspection of any construction, erection, alteration,
419 demolition, or substantial improvement of, or addition to, any
420 structure for which permitting is required to indicate
421 compliance with applicable codes and includes any duly
422 authorized designee of such person.
423 (l) “Permit application” means a properly completed and
424 submitted application for the requested building or construction
425 permit, including:
426 1. The plans reviewed by the private provider, or in the
427 case of a single-trade plans review where a private provider
428 uses an automated or software-based plans review system pursuant
429 to subsection (7) (6), the information reviewed by the automated
430 or software-based plans review system to determine compliance
431 with one or more applicable codes.
432 2. The affidavit from the private provider required under
433 subsection (7) (6).
434 3. Any applicable fees.
435 4. Any documents required by the local building official to
436 determine that the fee owner has secured all other government
437 approvals required by law.
438 (m) “Plans” means building plans, site engineering plans,
439 or site plans, or their functional equivalent, submitted by a
440 fee owner or fee owner’s contractor to a private provider or
441 duly authorized representative for review.
442 (n) “Private provider” means a person licensed as a
443 building code administrator under part XII of chapter 468, as an
444 engineer under chapter 471, or as an architect under chapter
445 481. For purposes of performing inspections under this section
446 for additions and alterations that are limited to 1,000 square
447 feet or less to residential buildings, the term “private
448 provider” also includes a person who holds a standard
449 certificate under part XII of chapter 468.
450 (o) “Private provider firm” means a business organization,
451 including a corporation, partnership, business trust, or other
452 legal entity, which offers services under this chapter to the
453 public through licensees who are acting as agents, employees,
454 officers, or partners of the firm. A person who is licensed as a
455 building code administrator under part XII of chapter 468, an
456 engineer under chapter 471, or an architect under chapter 481
457 may act as a private provider for an agent, employee, or officer
458 of the private provider firm.
459 (p) “Registration” means the roster of authorized private
460 provider firms held by each local enforcement agency.
461 (q)(p) “Request for certificate of occupancy or certificate
462 of completion” means a properly completed and executed
463 application for:
464 1. A certificate of occupancy or certificate of completion.
465 2. A certificate of compliance from the private provider
466 required under subsection (15) (13).
467 3. Any applicable fees.
468 4. Any documents required by the local building official to
469 determine that the fee owner has secured all other government
470 approvals required by law.
471 (r)(q) “Single-trade inspection” or “single-trade plans
472 review” means any inspection or plans review focused on a single
473 construction trade, such as plumbing, mechanical, or electrical.
474 The term includes, but is not limited to, inspections or plans
475 reviews of door or window replacements; fences and block walls
476 more than 6 feet high from the top of the wall to the bottom of
477 the footing; stucco or plastering; reroofing with no structural
478 alteration; solar energy and energy storage installations or
479 alterations; HVAC replacements; ductwork or fan replacements;
480 alteration or installation of wiring, lighting, and service
481 panels; water heater changeouts; sink replacements; and
482 repiping.
483 (s)(r) “Site work” means the portion of a construction
484 project that is not part of the building structure, including,
485 but not limited to, grading, excavation, landscape irrigation,
486 and installation of driveways.
487 (t)(s) “Stop-work order” means the issuance of any written
488 statement, written directive, or written order which states the
489 reason for the order and the conditions under which the cited
490 work will be permitted to resume.
491 (2)(a) Notwithstanding any other law or local government
492 ordinance or local policy, the fee owner of a building or
493 structure, or the fee owner’s contractor upon explicit written
494 authorization from the fee owner, may choose at any time to use
495 a private provider to provide plans review or building code
496 inspection services with regard to such building or structure
497 and may make payment directly to the private provider for the
498 provision of such services. All such services shall be the
499 subject of a written contract between the private provider, or
500 the private provider’s firm, and the fee owner or the fee
501 owner’s contractor, upon explicit written authorization of the
502 fee owner. A copy of such written authorization must be
503 submitted to the local building official. The local enforcement
504 agency may not require the contract to be provided as part of
505 the permit application or as a condition for issuing a permit.
506 The fee owner may elect to use a private provider to provide
507 plans review or required building inspections, or both. However,
508 if the fee owner or the fee owner’s contractor uses a private
509 provider to provide plans review, the local building official,
510 in his or her discretion and pursuant to duly adopted policies
511 of the local enforcement agency, may require the fee owner or
512 the fee owner’s contractor to use a private provider to also
513 provide required building inspections.
514 (b) If a fee an owner or the fee owner’s contractor retains
515 a private provider for purposes of plans review or building
516 inspection services, the local jurisdiction must reduce the
517 permit fee by the amount of cost savings realized by the local
518 enforcement agency for not having to perform such services. Such
519 reduction may be calculated on a flat fee or percentage basis,
520 or any other reasonable means by which a local enforcement
521 agency assesses the cost for its plans review or inspection
522 services. The permit fee must be based on the cost incurred by
523 the local jurisdiction, including the labor cost of the
524 personnel providing such services and the clerical and
525 supervisory assistance required to comply with this section. The
526 local jurisdiction may not charge fees for plans review or
527 building inspections if the fee owner or the fee owner’s
528 contractor hires a private provider to perform such services.
529 The local enforcement agency may not charge punitive
530 administrative fees when a fee owner has chosen to work with a
531 private provider; however, the local jurisdiction may charge a
532 reasonable administrative fee, which shall be based on the cost
533 that is actually incurred, including the labor cost of the
534 personnel providing the service, by the local jurisdiction or
535 attributable to the local jurisdiction for the clerical and
536 supervisory assistance required, or both.
537 (c) If a fee an owner or the fee owner’s a contractor
538 retains a private provider for purposes of plans review or
539 building inspection services, the local jurisdiction must
540 provide equal access to all permitting and inspection documents
541 and reports to the private provider, owner, and contractor if
542 such access is provided by software that protects exempt records
543 from disclosure. Access to these documents must be promptly
544 provided.
545 (d) If a fee owner or the fee owner’s contractor retains a
546 private provider for purposes of plans review or building
547 inspection services for a commercial construction project, the
548 local enforcement agency must reduce the permit fee by at least
549 25 percent of the portion of the permit fee attributable to
550 plans review or building inspection services, as applicable. If
551 the fee owner or the fee owner’s contractor retains a private
552 provider for all required plans review and building inspection
553 services, the local enforcement agency must reduce the total
554 permit fee by at least 50 percent of the amount otherwise
555 charged for such services. If the local enforcement agency does
556 not reduce such fee by at least the percentages provided in this
557 paragraph, the local enforcement agency forfeits the ability to
558 collect any fees for the commercial construction project. The
559 surcharge required by s. 553.721 must be calculated based on the
560 amount of the reduced permit fee. This paragraph does not
561 prohibit a local enforcement agency from reducing a permit fee
562 in excess of the percentages provided in this paragraph.
563 (e) A local government or local building official may not
564 require additional forms beyond those required at registration,
565 except for the written notice required under subsection (5), if
566 a fee owner or the fee owner’s contractor uses a private
567 provider.
568 (3) A private provider and any duly authorized
569 representative may only perform building code inspection
570 services that are within the disciplines covered by that
571 person’s licensure or certification under chapter 468, chapter
572 471, or chapter 481, including single-trade inspections. A
573 private provider may not provide building code inspection
574 services pursuant to this section upon any building designed or
575 constructed by the private provider or the private provider’s
576 firm.
577 (4) A local enforcement agency must create a registration
578 system for private providers and private provider firms working
579 in the local enforcement agency’s jurisdiction. A local
580 enforcement agency must have a method to register and update
581 registration information electronically. The local enforcement
582 agency may not charge an administrative fee for registration or
583 updates to a registration. The private provider or private
584 provider firm must provide its contact information and verify
585 compliance with the licensure requirements of paragraph (1)(n)
586 or paragraph (1)(o), as applicable, and the insurance
587 requirements of subsection (20). The private provider or private
588 provider firm must register with the local enforcement agency in
589 the jurisdiction in which the provider or firm is working before
590 contracting to provide services in such jurisdiction. The
591 private provider or private provider firm must update its
592 registration within 5 business days after any change to the
593 provider’s or firm’s contact information, licensure, or
594 insurance coverage.
595 (5)(4) A fee owner or the fee owner’s contractor using a
596 private provider to provide building code inspection services
597 shall notify the local building official in writing at the time
598 of permit application, or by 2 p.m. local time, 2 business days
599 before the first scheduled inspection by the local building
600 official or building code enforcement agency that a private
601 provider has been contracted to perform the required inspections
602 of construction under this section, including single-trade
603 inspections, on a form to be adopted by the commission. The
604 local enforcement agency may not alter the form. This notice
605 must shall include the following information:
606 (a) The services to be performed by the private provider.
607 (b) The name, firm, address, telephone number, and e-mail
608 address of each private provider who is performing or will
609 perform such services, his or her professional license or
610 certification number, qualification statements or resumes, and,
611 if required by the local building official, a certificate of
612 insurance demonstrating that professional liability insurance
613 coverage is in place for the private provider’s firm, the
614 private provider, and any duly authorized representative in the
615 amounts required by this section.
616 (c) An acknowledgment from the fee owner or the fee owner’s
617 contractor in substantially the following form:
618
619 I have elected to use one or more private providers to
620 provide building code plans review and/or inspection
621 services on the building or structure that is the
622 subject of the enclosed permit application, as
623 authorized by s. 553.791, Florida Statutes. I
624 understand that the local building official may not
625 review the plans submitted or perform the required
626 building inspections to determine compliance with the
627 applicable codes, except to the extent specified in
628 said law. Instead, plans review and/or required
629 building inspections will be performed by licensed or
630 certified personnel identified in the application. The
631 law requires minimum insurance requirements for such
632 personnel, but I understand that I may require more
633 insurance to protect my interests. By executing this
634 form, I acknowledge that I have made inquiry regarding
635 the competence of the licensed or certified personnel
636 and the level of their insurance and am satisfied that
637 my interests are adequately protected. I agree to
638 indemnify, defend, and hold harmless the local
639 government, the local building official, and their
640 building code enforcement personnel from any and all
641 claims arising from my use of these licensed or
642 certified personnel to perform building code
643 inspection services with respect to the building or
644 structure that is the subject of the enclosed permit
645 application.
646
647 If the fee owner or the fee owner’s contractor makes any changes
648 to the listed private providers or the services to be provided
649 by those private providers, the fee owner or the fee owner’s
650 contractor shall, within 1 business day after any change or
651 within 2 business days before the next scheduled inspection,
652 update the notice to reflect such changes. A change of a duly
653 authorized representative named in the permit application does
654 not require a revision of the permit, and the building code
655 enforcement agency shall not charge a fee for making the change.
656 (6)(5) After construction has commenced and if either the
657 local building official is unable to provide inspection services
658 in a timely manner or the work subject to inspection is related
659 to a single-trade inspection for a single-family or two-family
660 dwelling, the fee owner or the fee owner’s contractor may elect
661 to use a private provider to provide inspection services for a
662 single-trade inspection for a single-family or two-family
663 dwelling by notifying the local building official of the owner’s
664 or contractor’s intention to do so by 2 p.m. local time, 2
665 business days before the next scheduled inspection using the
666 notice provided for in paragraphs (5)(a), (b), and (c) (4)(a)
667 (c).
668 (7)(6) A private provider performing plans review under
669 this section shall review the plans to determine compliance with
670 the applicable codes. For single-trade plans reviews, a private
671 provider may use an automated or software-based plans review
672 system designed to determine compliance with one or more
673 applicable codes, including, but not limited to, the National
674 Electrical Code and the Florida Building Code. Upon determining
675 that the plans reviewed comply with the applicable codes, the
676 private provider shall prepare an affidavit or affidavits
677 certifying, under oath, that the following is true and correct
678 to the best of the private provider’s knowledge and belief:
679 (a) The plans were reviewed by the affiant, who is duly
680 authorized to perform plans review pursuant to this section and
681 holds the appropriate license or certificate.
682 (b) The plans comply with the applicable codes.
683
684 Such affidavit may bear a written or electronic signature and
685 may be submitted electronically to the local building official.
686 A local enforcement agency must accept electronically submitted
687 affidavits.
688 (8)(a) The local building official may not review plans,
689 construction drawings, or any other related documents determined
690 by a private provider to be compliant with the applicable codes,
691 except to the extent necessary to determine compliance with
692 local ordinances, floodplain management regulations, site review
693 requirements, and any other administrative or life-safety review
694 unrelated to building code compliance.
695 (b) The local building official may review other forms and
696 documents required under this section for completeness only. The
697 local building official must provide written notice to a permit
698 applicant of any incomplete forms or documents required under
699 this section no later than 10 business days after receipt of a
700 permit application or, if the permit application is relating to
701 a single-trade plans review for a single-family or two-family
702 dwelling, no later than 5 business days after receipt of a
703 permit application, and an affidavit from the private provider
704 as required in subsection (7). The written notice must state
705 with specificity which forms or documents are incomplete.
706 (7)(a) No more than 20 business days, or if the permit
707 application is related to a single-trade plans review for a
708 single-family or two-family dwelling, no more than 5 business
709 days, after receipt of a permit application and the affidavit
710 from the private provider required pursuant to subsection (6),
711 the local building official shall issue the requested permit or
712 provide a written notice to the permit applicant identifying the
713 specific plan features that do not comply with the applicable
714 codes, as well as the specific code chapters and sections. If
715 the local building official does not provide such a written
716 notice of the plan deficiencies within the prescribed time
717 period, the permit application must be deemed approved as a
718 matter of law, and the permit must be issued by the local
719 building official on the next business day.
720 (c)(b) If the local building official provides a written
721 notice of plan deficiencies to the permit applicant of any
722 incomplete forms or documents required under this section at the
723 time of plan submission within the prescribed time period, such
724 the time period is tolled pending resolution of the matter. To
725 resolve the issues raised in the notice plan deficiencies, the
726 permit applicant may elect to dispute the issues deficiencies
727 pursuant to subsection (17) (15) or to submit revisions to
728 correct the issues deficiencies.
729 (d)(c) If the permit applicant submits revisions, the local
730 building official has the remainder of the tolled 10-day or 5
731 day time period plus 5 business days after the date of
732 resubmittal to issue the requested permit or to provide a second
733 written notice to the permit applicant stating which of the
734 previously identified forms or documents plan features remain
735 incomplete in noncompliance with the applicable codes, with
736 specific reference to the relevant code chapters and sections.
737 Any subsequent review by the local building official is limited
738 to the issues deficiencies cited in the original written notice.
739 If the local building official does not provide the second
740 written notice within the prescribed time period, the permit
741 must be deemed approved as a matter of law, and the local
742 building official must issue the permit on the next business
743 day.
744 (e)(d) If the local building official provides a second
745 written notice of plan deficiencies to the permit applicant
746 within the prescribed time period, the permit applicant may
747 elect to dispute the issues raised in the second notice
748 deficiencies pursuant to subsection (17) (15) or to submit
749 additional revisions to correct the issues deficiencies. For all
750 revisions submitted after the first revision, the local building
751 official has an additional 5 business days after the date of
752 resubmittal to issue the requested permit or to provide a
753 written notice to the permit applicant stating which of the
754 previously identified forms or documents plan features remain
755 incomplete. If the local building official does not provide the
756 notice within the prescribed time period, the permit must be
757 deemed approved as a matter of law, and the local building
758 official must issue the permit on the next business day in
759 noncompliance with the applicable codes, with specific reference
760 to the relevant code chapters and sections.
761 (9)(8) A private provider performing required inspections
762 under this section shall inspect each phase of construction as
763 required by the applicable codes. Such inspection, including a
764 single-trade inspection, may be performed in person or
765 virtually. The private provider may have a duly authorized
766 representative perform the required inspections, provided all
767 required reports are prepared by and bear the written or
768 electronic signature of the private provider or the private
769 provider’s duly authorized representative. The duly authorized
770 representative must be an employee of the private provider
771 entitled to receive reemployment assistance benefits under
772 chapter 443. The contractor’s contractual or legal obligations
773 are not relieved by any action of the private provider.
774 (10)(9) A private provider performing required inspections
775 under this section shall provide notice to the local building
776 official of the approximate date and time of any such
777 inspection. The local building official may not prohibit the
778 private provider from performing any inspection outside the
779 local building official’s normal operating hours, including
780 after hours, weekends, or holidays. The local building official
781 may visit the building site as often as necessary to verify that
782 the private provider is performing all required inspections. A
783 deficiency notice must be posted by the private provider, the
784 duly authorized representative of the private provider, or the
785 building department whenever a noncomplying item related to the
786 building code or the permitted documents is found. Such notice
787 may be physically posted at the job site or electronically
788 posted. After corrections are made, the item must be reinspected
789 by the private provider or the representative of the private
790 provider before being concealed. Reinspection or reaudit fees
791 shall not be charged by The local jurisdiction may not charge
792 reinspection or reaudit fees as a result of the local
793 jurisdiction’s audit inspection occurring before the performance
794 of the private provider’s inspection or for any other
795 administrative matter not involving the detection of a violation
796 of the building code or a permit requirement.
797 (11) A local enforcement agency is not responsible for the
798 regulatory administration or supervision of building code
799 inspection services performed by a private provider hired by a
800 fee owner or the fee owner’s contractor. A local enforcement
801 agency may not require additional verification of licensure or
802 insurance requirements beyond that which is required at
803 registration.
804 (12)(10) If the private provider is a person licensed as an
805 engineer under chapter 471 or an architect under chapter 481 and
806 affixes his or her professional seal to the affidavit required
807 under subsection (7) (6), the local building official must issue
808 the requested permit or provide a written notice to the permit
809 applicant identifying the specific plan features that do not
810 comply with the applicable codes, as well as the specific code
811 chapters and sections, within 10 business days after receipt of
812 the permit application and affidavit. In such written notice,
813 the local building official must provide with specificity the
814 plan’s deficiencies, the reasons the permit application failed,
815 and the applicable codes being violated. If the local building
816 official does not provide specific written notice to the permit
817 applicant within the prescribed 10-day period, the permit
818 application is deemed approved as a matter of law, and the local
819 building official must issue the permit on the next business
820 day.
821 (13)(11) If equipment replacements and repairs must be
822 performed in an emergency situation, subject to the emergency
823 permitting provisions of the Florida Building Code, a private
824 provider may perform emergency inspection services without first
825 notifying the local building official pursuant to subsection
826 (9). A private provider must conduct the inspection within 3
827 business days after being contacted to conduct an emergency
828 inspection and must submit the inspection report to the local
829 building official within 1 day after the inspection is
830 completed.
831 (14)(12) Upon completing the required inspections at each
832 applicable phase of construction, the private provider shall
833 record such inspections on a form provided by the commission
834 acceptable to the local building official. The form must bear
835 the written or electronic signature of the private provider or
836 the private provider’s duly authorized representative. These
837 inspection records must shall reflect those inspections required
838 by the applicable codes of each phase of construction for which
839 permitting by a local enforcement agency is required. The
840 private provider, upon completion of the required inspection,
841 shall post each completed inspection record, indicating pass or
842 fail, and provide the record to the local building official
843 within 4 2 business days. Such inspection record may be
844 electronically posted by the private provider, or the private
845 provider may post such inspection record physically at the
846 project site. The private provider may electronically transmit
847 the record to the local building official. The local building
848 official may waive the requirement to provide a record of each
849 inspection within 4 2 business days if the record is
850 electronically posted or transmitted or posted at the project
851 site and all such inspection records are submitted with the
852 certificate of compliance. Unless the records have been
853 electronically posted or transmitted, records of all required
854 and completed inspections shall be maintained at the building
855 site at all times and made available for review by the local
856 building official. A local building official may not fail any
857 inspection performed by a private provider for not having the
858 inspection records at the job site if the inspection records
859 have been electronically transmitted to the local building
860 official within the 4-business-day requirement. The private
861 provider shall report to the local enforcement agency any
862 condition that poses an immediate threat to public safety and
863 welfare.
864 (15)(13) Upon completion of all required inspections, the
865 private provider firm shall prepare a certificate of compliance,
866 on a form provided by the commission acceptable to the local
867 building official, summarizing the inspections performed and
868 including a written representation, under oath, that the stated
869 inspections have been performed and that, to the best of the
870 private provider’s knowledge and belief, the building
871 construction inspected complies with the approved plans and
872 applicable codes. The certificate of compliance may be signed by
873 any qualified licensed individual employed full time by the
874 private provider firm under whose authority the inspection was
875 completed. The statement required of the private provider shall
876 be substantially in the following form and shall be signed and
877 sealed by a private provider as established in subsection (1) or
878 may be electronically transmitted to the local building
879 official:
880
881 To the best of my knowledge and belief, the building
882 components and site improvements outlined herein and
883 inspected under my authority have been completed in
884 conformance with the approved plans and the applicable
885 codes.
886
887 (16)(a)(14)(a) The local building official may only perform
888 building inspections of construction that a private provider has
889 determined to be compliant with the applicable codes if the
890 local building official has knowledge that the private provider
891 did not perform the required inspections. If the local building
892 official has such knowledge, the local building official must
893 provide to the private provider written notice of the facts and
894 circumstances upon which the local building official relied for
895 such knowledge before performing a required inspection. The
896 local building official may review forms and documents required
897 under this section for completeness only. No more than 10
898 business days, or if the permit is related to single-family or
899 two-family dwellings then no more than 2 business days, after
900 receipt of a request for a certificate of occupancy or
901 certificate of completion and the applicant’s presentation of a
902 certificate of compliance and approval of all other government
903 approvals required by law, including the payment of all
904 outstanding fees, the local building official shall issue the
905 certificate of occupancy or certificate of completion or provide
906 a notice to the applicant of any incomplete forms or documents
907 required under this section identifying the specific
908 deficiencies, as well as the specific code chapters and
909 sections.
910 (b) If the local building official does not provide notice
911 of any incomplete forms or documents the deficiencies within the
912 applicable time periods under paragraph (a), the request for a
913 certificate of occupancy or certificate of completion is
914 automatically granted and deemed issued as of the next business
915 day. The local building official must provide the applicant with
916 the written certificate of occupancy or certificate of
917 completion within 10 days after it is automatically granted and
918 issued. To resolve any identified issues deficiencies, the
919 applicant may elect to dispute the issues deficiencies pursuant
920 to subsection (17) (15) or to submit a corrected request for a
921 certificate of occupancy or certificate of completion.
922 (17)(15) If the local building official determines that the
923 building construction or plans do not comply with the applicable
924 codes, the official may deny the permit or request for a
925 certificate of occupancy or certificate of completion, as
926 appropriate, or may issue a stop-work order for the project or
927 any portion thereof as provided by law, if the official
928 determines that the noncompliance poses an immediate threat to
929 public safety and welfare, subject to the following:
930 (a) The local building official shall be available to meet
931 with the private provider within 2 business days to resolve any
932 dispute after issuing a stop-work order or providing notice to
933 the applicant denying a permit or request for a certificate of
934 occupancy or certificate of completion.
935 (b) If the local building official and private provider are
936 unable to resolve the dispute, the matter shall be referred to
937 the local enforcement agency’s board of appeals, if one exists,
938 which shall consider the matter at its next scheduled meeting or
939 sooner. Any decisions by the local enforcement agency’s board of
940 appeals, or local building official if there is no board of
941 appeals, may be appealed to the commission as provided by this
942 chapter.
943 (c) Notwithstanding any provision of this section, any
944 decisions regarding the issuance of a building permit,
945 certificate of occupancy, or certificate of completion may be
946 reviewed by the local enforcement agency’s board of appeals, if
947 one exists. Any decision by the local enforcement agency’s board
948 of appeals, or local building official if there is no board of
949 appeals, may be appealed to the commission as provided by this
950 chapter, which shall consider the matter at the commission’s
951 next scheduled meeting.
952 (18)(16) For the purposes of this section, any notice to be
953 provided by the local building official shall be deemed to be
954 provided to the person or entity when successfully transmitted
955 to the e-mail address listed for that person or entity in the
956 permit application or revised permit application, or, if no e
957 mail address is stated, when actually received by that person or
958 entity.
959 (19)(a)(17)(a) A local enforcement agency, local building
960 official, or local government may not adopt or enforce any laws,
961 rules, procedures, policies, qualifications, or standards more
962 stringent than those prescribed by this section.
963 (b) A local enforcement agency, local building official, or
964 local government may establish, for private providers, private
965 provider firms, and duly authorized representatives working
966 within that jurisdiction, a system of registration to verify
967 compliance with the licensure requirements of paragraph (1)(n)
968 and the insurance requirements of subsection (18).
969 (b)(c) This section does not limit the authority of the
970 local building official to issue a stop-work order for a
971 building project or any portion of the project, as provided by
972 law, if the official determines that a condition on the building
973 site constitutes an immediate threat to public safety and
974 welfare.
975 (c) A local enforcement agency may not prohibit or limit
976 private providers from using virtual inspections if a virtual
977 inspection is not prohibited by any applicable code.
978 (20)(18) A private provider may perform building code
979 inspection services on a building project under this section
980 only if the private provider maintains insurance for
981 professional liability covering all services performed as a
982 private provider. Such insurance shall have minimum policy
983 limits of $1 million per occurrence and $2 million in the
984 aggregate for any project with a construction cost of $5 million
985 or less and $2 million per occurrence and $4 million in the
986 aggregate for any project with a construction cost of over $5
987 million. Nothing in this section limits the ability of a fee
988 owner to require additional insurance or higher policy limits.
989 For these purposes, the term “construction cost” means the total
990 cost of building construction as stated in the building permit
991 application. If the private provider chooses to secure claims
992 made coverage to fulfill this requirement, the private provider
993 must also maintain coverage for a minimum of 5 years after
994 subsequent to the performance of building code inspection
995 services. The insurance required under this subsection shall be
996 written only by insurers authorized to do business in this state
997 with a minimum A.M. Best’s rating of A. Before providing
998 building code inspection services within a local building
999 official’s jurisdiction, a private provider must provide to the
1000 local building official a certificate of insurance evidencing
1001 that the coverages required under this subsection are in force.
1002 (21)(19) When performing building code inspection services,
1003 a private provider is subject to the disciplinary guidelines of
1004 the applicable professional board with jurisdiction over his or
1005 her license or certification under chapter 468, chapter 471, or
1006 chapter 481. All private providers shall be subject to the
1007 disciplinary guidelines of s. 468.621(1)(c)-(h). Any complaint
1008 processing, investigation, and discipline that arise out of a
1009 private provider’s performance of building code inspection
1010 services shall be conducted by the applicable professional
1011 board.
1012 (22)(20) A local building code enforcement agency may not
1013 audit the performance of building code inspection services by
1014 private providers operating within the local jurisdiction until
1015 the agency has created standard operating private provider audit
1016 procedures for the agency’s internal inspection and review
1017 staff, which includes, at a minimum, the private provider audit
1018 purpose and scope, private provider audit criteria, an
1019 explanation of private provider audit processes and objections,
1020 and detailed findings of areas of noncompliance. Such private
1021 provider audit procedures must be publicly available online, and
1022 a printed version must be readily accessible in agency
1023 buildings. The private provider audit results of staff for the
1024 prior two quarters also must be publicly available. The agency’s
1025 audit processes must adhere to the agency’s posted standard
1026 operating audit procedures. The same private provider or private
1027 provider firm may not be audited more than four times in a year
1028 unless the local building official determines a condition of a
1029 building constitutes an immediate threat to public safety and
1030 welfare, which must be communicated in writing to the private
1031 provider or private provider firm. The private provider or
1032 private provider firm must be given notice of each audit to be
1033 performed at least 5 business days before the audit. Work on a
1034 building or structure may proceed after inspection and approval
1035 by a private provider. The work may not be delayed for
1036 completion of an inspection audit by the local building code
1037 enforcement agency.
1038 (23)(21) The local government, the local building official,
1039 and their building code enforcement personnel shall be immune
1040 from liability to any person or party for any action or inaction
1041 by a fee owner of a building, or by a private provider or its
1042 duly authorized representative, in connection with building code
1043 inspection services as authorized in this act. The local
1044 government, local enforcement agency, local building official,
1045 and building code enforcement personnel may not prohibit or
1046 discourage the use of a private provider or a private provider
1047 firm.
1048 (24)(22) Notwithstanding any other law, a county, a
1049 municipality, a school district, or an independent special
1050 district may use a private provider or a private provider firm,
1051 or may employ a licensed building inspector as described in s.
1052 468.603(5)(a) or a person who holds the same licensure or
1053 certification as a private provider, to provide building code
1054 inspection services for a public works project, an improvement,
1055 a building, or any other structure that is owned by the county,
1056 municipality, school district, or independent special district.
1057 Section 10. Paragraph (a) of subsection (1) of section
1058 553.792, Florida Statutes, is amended to read:
1059 553.792 Building permit application to local government.—
1060 (1)(a) A local government must approve, approve with
1061 conditions, or deny a building permit application after receipt
1062 of a completed and sufficient application within the following
1063 timeframes, unless the applicant waives such timeframes in
1064 writing:
1065 1. Within 5 business days after receiving a complete and
1066 sufficient application, for an applicant using a local
1067 government plans reviewer to obtain the following building
1068 permits for an existing single-family residential dwelling if
1069 the value of the work is less than $15,000: structural,
1070 accessory structure, alarm, electrical, gas, irrigation,
1071 landscaping, mechanical, plumbing, or roofing.
1072 2.1. Within 30 business days after receiving a complete and
1073 sufficient application, for an applicant using a local
1074 government plans reviewer to obtain the following building
1075 permits if the structure is less than 7,500 square feet:
1076 residential units, including a single-family residential unit or
1077 a single-family residential dwelling, accessory structure,
1078 alarm, electrical, irrigation, landscaping, mechanical,
1079 plumbing, or roofing.
1080 3.2. Within 60 business days after receiving a complete and
1081 sufficient application, for an applicant using a local
1082 government plans reviewer to obtain the following building
1083 permits if the structure is 7,500 square feet or more:
1084 residential units, including a single-family residential unit or
1085 a single-family residential dwelling, accessory structure,
1086 alarm, electrical, irrigation, landscaping, mechanical,
1087 plumbing, or roofing.
1088 4.3. Within 60 business days after receiving a complete and
1089 sufficient application, for an applicant using a local
1090 government plans reviewer to obtain the following building
1091 permits: signs or nonresidential buildings that are less than
1092 25,000 square feet.
1093 5.4. Within 60 business days after receiving a complete and
1094 sufficient application, for an applicant using a local
1095 government plans reviewer to obtain the following building
1096 permits: multifamily residential, not exceeding 50 units; site
1097 plan approvals and subdivision plats not requiring public
1098 hearing or public notice; and lot grading and site alteration.
1099 6.5. Within 12 business days after receiving a complete and
1100 sufficient application, for an applicant using a master building
1101 permit consistent with s. 553.794 to obtain a site-specific
1102 building permit.
1103 7.6. Within 10 business days after receiving a complete and
1104 sufficient application, for an applicant for a single-family
1105 residential dwelling applied for by a contractor licensed in
1106 this state on behalf of a property owner who participates in a
1107 Community Development Block Grant-Disaster Recovery program
1108 administered by the Department of Commerce, unless the permit
1109 application fails to satisfy the Florida Building Code or the
1110 enforcing agency’s laws or ordinances.
1111
1112 However, the local government may not require the waiver of the
1113 timeframes in this section as a condition precedent to reviewing
1114 an applicant’s building permit application.
1115
1116 ================= T I T L E A M E N D M E N T ================
1117 And the title is amended as follows:
1118 Delete lines 5 - 97
1119 and insert:
1120 construction; amending s. 287.056, F.S.; requiring the
1121 Department of Management Services to enter into and
1122 maintain state term contracts for building code
1123 inspection services; creating s. 468.634, F.S.;
1124 authorizing individuals to work in specified
1125 positions, for a specified timeframe, if they meet
1126 certain requirements; amending s. 489.129, F.S.;
1127 providing that certain persons are not subject to
1128 discipline for performing a job without applicable
1129 permits and inspections if otherwise authorized by
1130 law; amending s. 553.382, F.S.; prohibiting the
1131 Department of Business and Professional Regulation
1132 from denying a building permit for certain residential
1133 manufactured buildings; requiring that certain housing
1134 units be taxed in a certain manner; creating s.
1135 553.385, F.S.; defining the terms “local government”
1136 and “offsite-constructed residential dwelling”;
1137 requiring that an offsite-constructed residential
1138 dwelling be permitted as of right in any zoning
1139 district where certain dwellings are allowed;
1140 prohibiting a local government from adopting or
1141 enforcing a certain zoning, land use, or development
1142 regulation that treats an offsite-constructed
1143 residential dwelling differently or more restrictively
1144 than certain dwellings in the same district; providing
1145 construction; authorizing a local government to adopt
1146 compatibility standards for specified architectural
1147 features; prohibiting a local government from treating
1148 offsite-constructed residential dwellings differently
1149 than factory-built buildings based on the method or
1150 location of construction; prohibiting a local
1151 government from adopting or enforcing certain zoning,
1152 land use, or development ordinances or regulations;
1153 prohibiting local government ordinances or regulations
1154 from having the effect of excluding offsite
1155 constructed residential dwellings; requiring that such
1156 ordinances or regulations be reasonable and uniformly
1157 enforced without distinction as to type of housing;
1158 providing that any such ordinance or regulation is
1159 void and unenforceable as applied to offsite
1160 constructed residential dwellings; amending s. 553.77,
1161 F.S.; requiring the Florida Building Commission to
1162 develop uniform commercial and residential building
1163 permit applications by a specified date; providing
1164 requirements for a uniform commercial building permit
1165 application; amending s. 553.79, F.S.; providing for
1166 expiration of certain building permits issued by a
1167 local government; providing construction; providing
1168 prohibitions for inspection fees; requiring a local
1169 government to exempt certain owners and contractors
1170 from building permit requirements for work valued
1171 below a specified amount; providing exceptions;
1172 prohibiting a construction project from being divided
1173 into multiple projects for a certain purpose;
1174 requiring certain owners and contractors to submit a
1175 written request for exemption to the local enforcement
1176 agency with specified documentation; providing that
1177 local governments do not have a duty to certain
1178 persons; requiring local governments to exempt certain
1179 owners and contractors from requiring a building
1180 permit for the installation of temporary residential
1181 hurricane and flood protection walls or barriers that
1182 meet certain requirements; providing an exception;
1183 requiring certain owners and contractors to submit a
1184 written request for exemption to the local enforcement
1185 agency with specified documentation; providing that
1186 local governments do not have a duty to certain
1187 persons; authorizing the Florida Building Commission
1188 to adopt rules; requiring certain local governments to
1189 issue a building permit for the installation of
1190 certain retaining walls as a whole; prohibiting such
1191 local governments from requiring building permits for
1192 each lot or parcel under certain circumstances;
1193 prohibiting a political subdivision from imposing
1194 certain requirements for glazing on certain proposed
1195 construction or restoration projects; providing an
1196 exception; defining the terms “glazing” and “primary
1197 facade”; amending s. 553.791, F.S.; revising
1198 definitions and defining terms; requiring explicit
1199 written authorization from a fee owner for a
1200 contractor to use a private provider; requiring that
1201 such authorization be submitted to the local building
1202 official; deleting the requirement that a contract for
1203 certain services be in writing; providing that a
1204 contract for certain services does not need to be
1205 submitted as part of a permit application; providing
1206 requirements for reduced permit fees; prohibiting a
1207 local jurisdiction from charging punitive
1208 administrative fees or fees for plans review services;
1209 requiring that certain documents be promptly provided
1210 to certain persons; requiring local enforcement
1211 agencies to reduce permit fees by specified
1212 percentages under certain circumstances; providing
1213 that a local enforcement agency forfeits the ability
1214 to collect fees under certain circumstances; requiring
1215 that a surcharge be calculated based on the reduced
1216 permit fee; prohibiting local governments and local
1217 building officials from requiring additional forms;
1218 requiring local enforcement agencies to create a
1219 specified registration system that must have a method
1220 to register and update registration information
1221 electronically; prohibiting local enforcement agencies
1222 from charging an administrative fee to register or
1223 update registration information; requiring private
1224 provider firms to register with the local enforcement
1225 agency, provide certain information, and update their
1226 registration within a specified timeframe after
1227 changes occur; prohibiting local enforcement agencies
1228 from altering a form adopted by the commission;
1229 deleting the requirement that a private provider’s
1230 qualification statements or resumes be included in a
1231 certain notice; deleting time restrictions for
1232 electing to use a private provider; requiring local
1233 enforcement agencies to accept a certain affidavit
1234 electronically; providing which forms and documents a
1235 local building official may review; providing notice
1236 requirements; providing that certain permits are
1237 deemed approved; providing that local enforcement
1238 agencies are not responsible for the administration or
1239 supervision of services performed by a private
1240 provider; prohibiting local enforcement agencies from
1241 requiring additional verification of certain
1242 requirements beyond that which is required at
1243 registration; revising the timeframe in which certain
1244 records must be provided; authorizing certain records
1245 to be electronically transmitted; prohibiting local
1246 building officials from failing certain inspections;
1247 authorizing certain persons to sign certificates of
1248 compliance; providing requirements for local building
1249 officials who have knowledge that a private provider
1250 failed to perform an inspection; providing that
1251 virtual inspections may not be prohibited; requiring
1252 certain notice before an audit; prohibiting certain
1253 entities from discouraging the use of private
1254 providers; authorizing certain public entities to use
1255 a private provider firm or to employ a licensed
1256 building inspector to provide building code inspection
1257 services; amending s. 553.792, F.S.; requiring a local
1258 government to make certain decisions relating to
1259 certain building permits within a specified timeframe;
1260 amending s.