Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 902
       
       
       
       
       
       
                                Ì768214%Î768214                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Perry) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c) and (d) are added to subsection
    6  (4) of section 125.56, Florida Statutes, to read:
    7         125.56 Enforcement and amendment of the Florida Building
    8  Code and the Florida Fire Prevention Code; inspection fees;
    9  inspectors; etc.—
   10         (4)
   11         (c)A county that issues building permits may send a
   12  written notice of expiration, by e-mail or United States Postal
   13  Service, to the owner of the property and the contractor listed
   14  on the permit, no less than 30 days before a building permit is
   15  set to expire. The written notice must identify the permit that
   16  is set to expire and the date the permit will expire.
   17         (d) A county that issues building permits may charge a
   18  person only one search fee, in an amount commensurate with the
   19  research and time costs incurred by the county, for identifying
   20  building permits for each unit or subunit assigned by the county
   21  to a particular tax parcel identification number.
   22         Section 2. Section 166.222, Florida Statutes, is amended to
   23  read:
   24         166.222 Building code inspection fees.—
   25         (1) The governing body of a municipality may provide a
   26  schedule of reasonable inspection fees in order to defer the
   27  costs of inspection and enforcement of the provisions of its
   28  building code.
   29         (2) The governing body of a municipality that issues
   30  building permits may charge a person only one search fee, in an
   31  amount commensurate with the research and time costs incurred by
   32  the governing body, for identifying building permits for each
   33  unit or subunit assigned by the governing body to a particular
   34  tax parcel identification number.
   35         Section 3. Paragraphs (a) and (c) of subsection (7) of
   36  section 489.103, Florida Statutes, are amended to read:
   37         489.103 Exemptions.—This part does not apply to:
   38         (7)(a) Owners of property when acting as their own
   39  contractor and providing direct, onsite supervision themselves
   40  of all work not performed by licensed contractors:
   41         1. When building or improving farm outbuildings or one
   42  family or two-family residences on such property for the
   43  occupancy or use of such owners and not offered for sale or
   44  lease, or building or improving commercial buildings, at a cost
   45  not to exceed $75,000, on such property for the occupancy or use
   46  of such owners and not offered for sale or lease. In an action
   47  brought under this part, proof of the sale or lease, or offering
   48  for sale or lease, of any such structure by the owner-builder
   49  within 1 year after completion of same creates a presumption
   50  that the construction was undertaken for purposes of sale or
   51  lease.
   52         2. When repairing or replacing wood shakes or asphalt or
   53  fiberglass shingles on one-family, two-family, or three-family
   54  residences for the occupancy or use of such owner or tenant of
   55  the owner and not offered for sale within 1 year after
   56  completion of the work and when the property has been damaged by
   57  natural causes from an event recognized as an emergency
   58  situation designated by executive order issued by the Governor
   59  declaring the existence of a state of emergency as a result and
   60  consequence of a serious threat posed to the public health,
   61  safety, and property in this state.
   62         3. When installing, uninstalling, or replacing solar panels
   63  on one-family, two-family, or three-family residences, and the
   64  local permitting agency’s county or municipal government is
   65  participating in a “United States Department of Energy SunShot
   66  Initiative: Rooftop Solar Challenge” grant. However, an owner
   67  must utilize a licensed electrical contractor to effectuate the
   68  wiring of the solar panels, including any interconnection to the
   69  customer’s residential electrical wiring. The limitations of
   70  this exemption shall be expressly stated in the building permit
   71  approved and issued by the permitting agency for such project.
   72         4.When completing the requirements of a building permit,
   73  where the contractor listed on the permit substantially
   74  completed the project as determined by the local permitting
   75  agency, for a one-family or two-family residence, townhome, or
   76  an accessory structure of a one-family or two-family residence
   77  or townhome or an individual residential condominium unit or
   78  cooperative unit. Prior to qualifying for the exemption, the
   79  owner must receive approval from the local permitting agency,
   80  and the local permitting agency must determine that the
   81  contractor listed on the permit substantially completed the
   82  project. An owner who qualifies for the exemption under this
   83  subparagraph is not required to occupy the dwelling or unit for
   84  at least 1 year after the completion of the project.
   85         (c) To qualify for exemption under this subsection, an
   86  owner must personally appear and sign the building permit
   87  application and must satisfy local permitting agency
   88  requirements, if any, proving that the owner has a complete
   89  understanding of the owner’s obligations under the law as
   90  specified in the disclosure statement in this section. However,
   91  for purposes of implementing a “United States Department of
   92  Energy SunShot Initiative: Rooftop Solar Challenge” grant and
   93  the participation of county and municipal governments, including
   94  local permitting agencies under the jurisdiction of such county
   95  and municipal governments, an owner’s notarized signature or
   96  personal appearance to sign the permit application is not
   97  required for a solar project, as described in subparagraph
   98  (a)3., if the building permit application is submitted
   99  electronically to the permitting agency and the owner certifies
  100  the application and disclosure statement using the permitting
  101  agency’s electronic confirmation system. If any person violates
  102  the requirements of this subsection, the local permitting agency
  103  shall withhold final approval, revoke the permit, or pursue any
  104  action or remedy for unlicensed activity against the owner and
  105  any person performing work that requires licensure under the
  106  permit issued. The local permitting agency shall provide the
  107  person with a disclosure statement in substantially the
  108  following form:
  109  
  110                        DISCLOSURE STATEMENT                       
  111  
  112         1. I understand that state law requires construction
  113         to be done by a licensed contractor and have applied
  114         for an owner-builder permit under an exemption from
  115         the law. The exemption specifies that I, as the owner
  116         of the property listed, may act as my own contractor
  117         with certain restrictions even though I do not have a
  118         license.
  119  
  120         2. I understand that building permits are not required
  121         to be signed by a property owner unless he or she is
  122         responsible for the construction and is not hiring a
  123         licensed contractor to assume responsibility.
  124  
  125         3. I understand that, as an owner-builder, I am the
  126         responsible party of record on a permit. I understand
  127         that I may protect myself from potential financial
  128         risk by hiring a licensed contractor and having the
  129         permit filed in his or her name instead of my own
  130         name. I also understand that a contractor is required
  131         by law to be licensed in Florida and to list his or
  132         her license numbers on permits and contracts.
  133  
  134         4. I understand that I may build or improve a one
  135         family or two-family residence or a farm outbuilding.
  136         I may also build or improve a commercial building if
  137         the costs do not exceed $75,000. The building or
  138         residence must be for my own use or occupancy. It may
  139         not be built or substantially improved for sale or
  140         lease, unless I am completing the requirements of a
  141         building permit where the contractor listed on the
  142         permit substantially completed the project. If a
  143         building or residence that I have built or
  144         substantially improved myself is sold or leased within
  145         1 year after the construction is complete, the law
  146         will presume that I built or substantially improved it
  147         for sale or lease, which violates the exemption.
  148  
  149         5. I understand that, as the owner-builder, I must
  150         provide direct, onsite supervision of the
  151         construction.
  152  
  153         6. I understand that I may not hire an unlicensed
  154         person to act as my contractor or to supervise persons
  155         working on my building or residence. It is my
  156         responsibility to ensure that the persons whom I
  157         employ have the licenses required by law and by county
  158         or municipal ordinance.
  159  
  160         7. I understand that it is a frequent practice of
  161         unlicensed persons to have the property owner obtain
  162         an owner-builder permit that erroneously implies that
  163         the property owner is providing his or her own labor
  164         and materials. I, as an owner-builder, may be held
  165         liable and subjected to serious financial risk for any
  166         injuries sustained by an unlicensed person or his or
  167         her employees while working on my property. My
  168         homeowner’s insurance may not provide coverage for
  169         those injuries. I am willfully acting as an owner
  170         builder and am aware of the limits of my insurance
  171         coverage for injuries to workers on my property.
  172  
  173         8. I understand that I may not delegate the
  174         responsibility for supervising work to a licensed
  175         contractor who is not licensed to perform the work
  176         being done. Any person working on my building who is
  177         not licensed must work under my direct supervision and
  178         must be employed by me, which means that I must comply
  179         with laws requiring the withholding of federal income
  180         tax and social security contributions under the
  181         Federal Insurance Contributions Act (FICA) and must
  182         provide workers’ compensation for the employee. I
  183         understand that my failure to follow these laws may
  184         subject me to serious financial risk.
  185  
  186         9. I agree that, as the party legally and financially
  187         responsible for this proposed construction activity, I
  188         will abide by all applicable laws and requirements
  189         that govern owner-builders as well as employers. I
  190         also understand that the construction must comply with
  191         all applicable laws, ordinances, building codes, and
  192         zoning regulations.
  193  
  194         10. I understand that I may obtain more information
  195         regarding my obligations as an employer from the
  196         Internal Revenue Service, the United States Small
  197         Business Administration, the Florida Department of
  198         Financial Services, and the Florida Department of
  199         Revenue. I also understand that I may contact the
  200         Florida Construction Industry Licensing Board at
  201         ...(telephone number)... or ...(Internet website
  202         address)... for more information about licensed
  203         contractors.
  204  
  205         11. I am aware of, and consent to, an owner-builder
  206         building permit applied for in my name and understand
  207         that I am the party legally and financially
  208         responsible for the proposed construction activity at
  209         the following address: ...(address of property)....
  210  
  211         12. I agree to notify ...(issuer of disclosure
  212         statements)... immediately of any additions,
  213         deletions, or changes to any of the information that I
  214         have provided on this disclosure.
  215  
  216         Licensed contractors are regulated by laws designed to
  217         protect the public. If you contract with a person who
  218         does not have a license, the Construction Industry
  219         Licensing Board and Department of Business and
  220         Professional Regulation may be unable to assist you
  221         with any financial loss that you sustain as a result
  222         of a complaint. Your only remedy against an unlicensed
  223         contractor may be in civil court. It is also important
  224         for you to understand that, if an unlicensed
  225         contractor or employee of an individual or firm is
  226         injured while working on your property, you may be
  227         held liable for damages. If you obtain an owner
  228         builder permit and wish to hire a licensed contractor,
  229         you will be responsible for verifying whether the
  230         contractor is properly licensed and the status of the
  231         contractor’s workers’ compensation coverage.
  232  
  233         Before a building permit can be issued, this
  234         disclosure statement must be completed and signed by
  235         the property owner and returned to the local
  236         permitting agency responsible for issuing the permit.
  237         A copy of the property owner’s driver license, the
  238         notarized signature of the property owner, or other
  239         type of verification acceptable to the local
  240         permitting agency is required when the permit is
  241         issued.
  242  
  243  Signature: ...(signature of property owner)....
  244  Date: ...(date)....
  245         Section 4. Subsection (6) of section 489.503, Florida
  246  Statutes, is amended to read:
  247         489.503 Exemptions.—This part does not apply to:
  248         (6)(a) An owner of property making application for permit,
  249  supervising, and doing the work in connection with the
  250  construction, maintenance, repair, and alteration of and
  251  addition to a single-family or duplex residence for his or her
  252  own use and occupancy and not intended for sale or an owner of
  253  property when acting as his or her own electrical contractor and
  254  providing all material supervision himself or herself, when
  255  building or improving a farm outbuilding or a single-family or
  256  duplex residence on such property for the occupancy or use of
  257  such owner and not offered for sale or lease, or building or
  258  improving a commercial building with aggregate construction
  259  costs of under $75,000 on such property for the occupancy or use
  260  of such owner and not offered for sale or lease. In an action
  261  brought under this subsection, proof of the sale or lease, or
  262  offering for sale or lease, of more than one such structure by
  263  the owner-builder within 1 year after completion of same is
  264  prima facie evidence that the construction was undertaken for
  265  purposes of sale or lease.
  266         (b)An owner of property completing the requirements of a
  267  building permit, where the contractor listed on the permit
  268  substantially completed the project as determined by the local
  269  permitting agency, for a one-family or two family residence,
  270  townhome, accessory structure of a one-family or two-family
  271  residence or townhome or individual residential condominium unit
  272  or cooperative unit. Prior to the owner qualifying for the
  273  exemption, the owner must receive approval from the local
  274  permitting agency, and the local permitting agency must
  275  determine that the contractor substantially completed the
  276  project. An owner who qualifies for the exemption under this
  277  paragraph is not required to occupy the dwelling or unit for at
  278  least 1 year after the completion of the project.
  279         (c) This subsection does not exempt any person who is
  280  employed by such owner and who acts in the capacity of a
  281  contractor. For the purpose of this subsection, the term “owner
  282  of property” includes the owner of a mobile home situated on a
  283  leased lot. To qualify for exemption under this subsection, an
  284  owner shall personally appear and sign the building permit
  285  application and must satisfy local permitting agency
  286  requirements, if any, proving that the owner has a complete
  287  understanding of the owner’s obligations under the law as
  288  specified in the disclosure statement in this section. If any
  289  person violates the requirements of this subsection, the local
  290  permitting agency shall withhold final approval, revoke the
  291  permit, or pursue any action or remedy for unlicensed activity
  292  against the owner and any person performing work that requires
  293  licensure under the permit issued. The local permitting agency
  294  shall provide the owner with a disclosure statement in
  295  substantially the following form:
  296  
  297                        Disclosure Statement                       
  298  
  299         State law requires electrical contracting to be done by
  300  licensed electrical contractors. You have applied for a permit
  301  under an exemption to that law. The exemption allows you, as the
  302  owner of your property, to act as your own electrical contractor
  303  even though you do not have a license. You may install
  304  electrical wiring for a farm outbuilding or a single-family or
  305  duplex residence. You may install electrical wiring in a
  306  commercial building the aggregate construction costs of which
  307  are under $75,000. The home or building must be for your own use
  308  and occupancy. It may not be built for sale or lease, unless you
  309  are completing the requirements of a building permit where the
  310  contractor listed on the permit substantially completed the
  311  project. If you sell or lease more than one building you have
  312  wired yourself within 1 year after the construction is complete,
  313  the law will presume that you built it for sale or lease, which
  314  is a violation of this exemption. You may not hire an unlicensed
  315  person as your electrical contractor. Your construction shall be
  316  done according to building codes and zoning regulations. It is
  317  your responsibility to make sure that people employed by you
  318  have licenses required by state law and by county or municipal
  319  licensing ordinances.
  320         Section 5. Present subsections (15) through (20) of section
  321  553.79, Florida Statutes, are redesignated as subsections (17)
  322  through (22), respectively, new subsections (15) and (16) are
  323  added to that section, and paragraph (c) is added to subsection
  324  (1) of that section, to read:
  325         553.79 Permits; applications; issuance; inspections.—
  326         (c) A local government that issues building permits may
  327  send a written notice of expiration, by e-mail or United States
  328  Postal Service, to the owner of the property and the contractor
  329  listed on the permit, no less than 30 days before a building
  330  permit is set to expire. The written notice must identify the
  331  permit that is set to expire and the date the permit will
  332  expire.
  333         (15)(a)A property owner, regardless of whether the
  334  property owner is the one listed on the application for the
  335  building permit, may close a building permit by complying with
  336  the following requirements:
  337         1.The property owner may retain the original contractor
  338  listed on the permit or hire a different contractor
  339  appropriately licensed in this state to perform the work
  340  necessary to satisfy the conditions of the permit and to obtain
  341  any necessary inspections in order to close the permit. If a
  342  contractor other than the original contractor listed on the
  343  permit is hired by the property owner to close the permit, such
  344  contractor is not liable for any defects in the work performed
  345  by the original contractor and is only liable for the work that
  346  he or she performs.
  347         2.The property owner may assume the role of an owner
  348  builder, in accordance with ss. 489.103(7) and 489.503(6).
  349         3.For purposes of this section, the term “close” means
  350  that the requirements of the permit have been satisfied.
  351         (b)If a building permit is expired and its requirements
  352  have been substantially completed, as determined by the local
  353  enforcement agency, the permit may be closed without having to
  354  obtain a new building permit, and the work required to close the
  355  permit may be done pursuant to the building code in effect at
  356  the time the local enforcement agency received the application
  357  for the permit, unless the contractor has sought and received
  358  approval from the local enforcement agency for an alternative
  359  material, design, or method of construction.
  360         (c)A local enforcement agency may close a building permit
  361  6 years after the issuance of the permit, even in the absence of
  362  a final inspection, if the local enforcement agency determines
  363  that no apparent safety hazards exist.
  364         (16)(a)A local enforcement agency may not deny issuance of
  365  a building permit to, issue a notice of violation to, or fine,
  366  penalize, sanction, or assess fees against an arms-length
  367  purchaser of a property for value solely because a building
  368  permit was applied for by a previous owner of the property was
  369  not closed. The local enforcement agency shall maintain all
  370  rights and remedies against the property owner and contractor
  371  listed on the permit.
  372         (b)The local enforcement agency may not deny issuance of a
  373  building permit to a contractor solely because the contractor is
  374  listed on other building permits that were not closed.
  375         Section 6. Paragraph (e) is added to subsection (7) of
  376  section 553.80, Florida Statutes, to read:
  377         553.80 Enforcement.—
  378         (7) The governing bodies of local governments may provide a
  379  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  380  166.222 and this section, for enforcing this part. These fees,
  381  and any fines or investment earnings related to the fees, shall
  382  be used solely for carrying out the local government’s
  383  responsibilities in enforcing the Florida Building Code. When
  384  providing a schedule of reasonable fees, the total estimated
  385  annual revenue derived from fees, and the fines and investment
  386  earnings related to the fees, may not exceed the total estimated
  387  annual costs of allowable activities. Any unexpended balances
  388  shall be carried forward to future years for allowable
  389  activities or shall be refunded at the discretion of the local
  390  government. The basis for a fee structure for allowable
  391  activities shall relate to the level of service provided by the
  392  local government and shall include consideration for refunding
  393  fees due to reduced services based on services provided as
  394  prescribed by s. 553.791, but not provided by the local
  395  government. Fees charged shall be consistently applied.
  396         (e)The governing body of a local government that issues
  397  building permits may charge a person only one search fee, in an
  398  amount commensurate with the research and time costs incurred by
  399  the governing body, for identifying building permits for each
  400  unit or subunit assigned by the governing body to a particular
  401  tax parcel identification number.
  402         Section 7. Section 440.103, Florida Statutes, is amended to
  403  read:
  404         440.103 Building permits; identification of minimum premium
  405  policy.—Every employer shall, as a condition to applying for and
  406  receiving a building permit, show proof and certify to the
  407  permit issuer that it has secured compensation for its employees
  408  under this chapter as provided in ss. 440.10 and 440.38. Such
  409  proof of compensation must be evidenced by a certificate of
  410  coverage issued by the carrier, a valid exemption certificate
  411  approved by the department, or a copy of the employer’s
  412  authority to self-insure and shall be presented, electronically
  413  or physically, each time the employer applies for a building
  414  permit. As provided in s. 553.79(20) s. 553.79(19), for the
  415  purpose of inspection and record retention, site plans or
  416  building permits may be maintained at the worksite in the
  417  original form or in the form of an electronic copy. These plans
  418  and permits must be open to inspection by the building official
  419  or a duly authorized representative, as required by the Florida
  420  Building Code. As provided in s. 627.413(5), each certificate of
  421  coverage must show, on its face, whether or not coverage is
  422  secured under the minimum premium provisions of rules adopted by
  423  rating organizations licensed pursuant to s. 627.221. The words
  424  “minimum premium policy” or equivalent language shall be typed,
  425  printed, stamped, or legibly handwritten.
  426         Section 8. This act shall take effect October 1, 2019.
  427  
  428  ================= T I T L E  A M E N D M E N T ================
  429  And the title is amended as follows:
  430         Delete everything before the enacting clause
  431  and insert:
  432                        A bill to be entitled                      
  433         An act relating to building permits; amending s.
  434         125.56, F.S.; authorizing counties to provide notice
  435         to certain persons under certain circumstances;
  436         authorizing counties that issue building permits to
  437         charge a person a single search fee for a certain
  438         amount under certain circumstances; amending s.
  439         166.222, F.S.; authorizing the governing bodies of
  440         municipalities to charge a person a single search fee
  441         for a certain amount under certain circumstances; to
  442         charge a person one search fee for a certain amount
  443         under certain circumstances; amending ss. 489.103 and
  444         489.503, F.S.; providing exemptions to certain
  445         contracting requirements; revising forms for
  446         disclosure statements; amending s. 553.79, F.S.;
  447         authorizing a local government to provide notice to
  448         certain persons under certain circumstances within a
  449         specified timeframe; authorizing a property owner to
  450         close a permit under certain circumstances; providing
  451         that a contractor is not liable for work performed in
  452         certain circumstances; defining the term “close”;
  453         authorizing a local enforcement agency to close a
  454         permit under certain circumstances; prohibiting a
  455         local enforcement agency from taking certain actions
  456         relating to building permits that were applied for but
  457         not closed by a previous owner; providing that local
  458         enforcement agencies retain all rights and remedies
  459         against the property owner and contractor listed on
  460         such a permit; amending s. 553.80, F.S.; authorizing
  461         the governing body of a local government to charge a
  462         person a single search fee one search fee for a
  463         certain amount under certain circumstances; amending
  464         s. 440.103, F.S.; conforming a cross-reference;
  465         providing an effective date.