Florida Senate - 2026 SB 968
By Senator McClain
9-01118-26 2026968__
1 A bill to be entitled
2 An act relating to home backup power systems; amending
3 s. 553.73, F.S.; prohibiting a local government from
4 adopting a technical amendment to the Florida Building
5 Code which requires a permit or any functionally
6 equivalent local review or approval for certain backup
7 power systems; amending s. 553.79, F.S.; prohibiting a
8 local government that issues building permits from
9 requiring an owner of a single-family dwelling or such
10 owner’s contractor to obtain a building permit to
11 perform work on the single-family lot valued at less
12 than a specified sum; providing exceptions; requiring
13 a contractor who performs work that does not require a
14 permit to keep a written record of certain
15 information; creating s. 553.7923, F.S.; prohibiting a
16 local enforcement agency from requiring a permit or
17 any functionally equivalent local review or approval
18 for the installation, relocation, replacement, or
19 repair of an eligible residential backup power system;
20 defining the term “backup power system”; providing
21 applicability; prohibiting a county, municipality, or
22 special district from adopting or enforcing any
23 ordinance, rule, or measure that regulates the
24 installation of backup power systems beyond the
25 standards of the Florida Building Code or the Florida
26 Fire Prevention Code; authorizing a local enforcement
27 agency to conduct inspections of a backup power system
28 to verify compliance with the Florida Building Code or
29 the Florida Fire Prevention Code; providing
30 construction; authorizing the owner or installing
31 contractor to hire a private provider to perform such
32 inspections; authorizing such inspections to be
33 conducted in person or virtually; requiring the local
34 enforcement agency to issue a written correction
35 notice for noncompliance; authorizing the local
36 enforcement agency to issue a stop-work order to
37 address certain hazards; requiring the local
38 enforcement agency to offer a reinspection date within
39 a specified timeframe; authorizing the owner or
40 installing contractor to submit a completed private
41 provider inspection report if the local enforcement
42 agency fails to reinspect the property within such
43 timeframe; providing that such a private provider
44 inspection report submission constitutes acceptance of
45 the inspection report by the local enforcement agency;
46 providing that the failed inspection of a backup power
47 system may not be the sole basis for withholding or
48 revoking a certificate of occupancy for existing
49 occupied dwellings; providing a remedy for such failed
50 inspections; authorizing a private provider to
51 complete the inspection and complete a certificate of
52 compliance; providing construction; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Paragraph (f) is added to subsection (1) of
58 section 553.73, Florida Statutes, to read:
59 553.73 Florida Building Code.—
60 (1)
61 (f) A local government may not adopt a technical amendment
62 to the Florida Building Code which requires a permit or any
63 functionally equivalent local review or approval for a backup
64 power system exempt under s. 553.7923.
65 Section 2. Paragraph (g) is added to subsection (1) of
66 section 553.79, Florida Statutes, to read:
67 553.79 Permits; applications; issuance; inspections.—
68 (1)
69 (g)1. A local government that issues building permits may
70 not require an owner of a single-family dwelling or the owner’s
71 contractor to obtain a building permit to perform any work
72 valued at less than $7,500 on the single-family dwelling’s lot.
73 However, a local government may require a building permit for
74 any electrical, plumbing, or structural work, not including the
75 repair or replacement of exterior doors or windows, performed on
76 a lot containing a single-family dwelling regardless of the
77 value of the work.
78 2. A contractor who performs work that does not require a
79 permit under this paragraph must keep a written record of the
80 work performed, the property address where the work was
81 performed, and the value of such work as proof that such work
82 meets the criteria of subparagraph 1.
83 Section 3. Section 553.7923, Florida Statutes, is created
84 to read:
85 553.7923 Permit exemption for backup power systems.—
86 (1)(a) A local enforcement agency may not require a permit
87 or any functionally equivalent local review or approval for the
88 design, installation, relocation, replacement, or repair of a
89 backup power system installed by a contractor properly licensed
90 under chapter 489 to perform such work or by a public utility
91 exempt from licensure under s. 489.503(4).
92 (b) As used in this section, the term “backup power system”
93 means equipment and associated components that are installed at
94 or serving a one-family dwelling, two-family dwelling, or
95 townhouse for the purpose of providing onsite electric power
96 during utility outages, load management, resiliency, or similar
97 purposes and that are capable of providing no more than 50
98 kilowatts of output to the residence or have an aggregate
99 storage capacity of no more than 100 kilowatt-hours if such
100 systems include energy storage.
101 (2) Subsection (1) does not apply to an eligible backup
102 power system that is designed, installed, relocated, replaced,
103 or repaired by an owner-builder without a licensed electrical
104 contractor. This subsection does not authorize unlicensed
105 contracting.
106 (3) Notwithstanding chapter 125, chapter 166, or any other
107 law, a county, municipality, or special district may not adopt
108 or enforce any ordinance, rule, or other measure that regulates
109 the installation of backup power systems beyond the standards
110 contained in the Florida Building Code or the Florida Fire
111 Prevention Code.
112 (4)(a) A local enforcement agency may conduct inspections
113 of a backup power system to verify compliance with the Florida
114 Building Code or the Florida Fire Prevention Code. An inspection
115 under this subsection may not be conditioned on obtaining a
116 permit or any functionally equivalent local review or approval
117 and may not include plan review.
118 (b) The owner or the installing contractor may hire a
119 private provider to perform the inspections authorized in
120 paragraph (a) in accordance with s. 553.791, including timelines
121 for emergency inspections and submittal of inspection reports.
122 (c) Inspections under this section may be conducted either
123 in person or virtually in accordance with s. 553.791.
124 (d)1. Upon a finding of noncompliance, the local
125 enforcement agency must issue a written correction notice citing
126 the specific code sections and required cure. The local
127 enforcement agency may issue a stop-work order only to address
128 an immediate life-safety hazard and only for the affected
129 portion of the work.
130 2. After the issues addressed in the stop-work order are
131 corrected, the local enforcement agency must offer a
132 reinspection date within 2 business days or the next day
133 inspections are conducted, whichever is earlier.
134 3. If the local enforcement agency fails to inspect the
135 work performed regarding the issues in the stop-work order
136 within 2 business days, the owner or installing contractor may
137 submit a completed private provider inspection report under s.
138 553.791. Submission of a private provider inspection report
139 after the local enforcement agency fails to comply with
140 subparagraph 2. constitutes acceptance of the inspection report
141 by the local enforcement agency.
142 4. For existing occupied dwellings, a failed inspection of
143 a backup power system may not be the sole basis for withholding
144 or revoking a certificate of occupancy for the dwelling. The
145 remedy for such failed inspections is to withhold authorization
146 to energize the backup power system until corrections are
147 verified. A private provider may inspect and complete the
148 certificate of compliance pursuant to s. 553.791(13).
149 Section 4. This act does not alter or abridge the
150 jurisdiction of the Public Service Commission under chapter 366,
151 Florida Statutes, the exemptions for utilities and cooperatives
152 under s. 366.11, Florida Statutes, or the requirements of rule
153 25-6.065, Florida Administrative Code, relating to
154 interconnection and net metering. This act does not affect any
155 tariff, service policy, or interconnection requirement of any
156 utility or cooperative.
157 Section 5. This act shall take effect July 1, 2026.