Florida Senate - 2019                              CS for SB 902
       
       
        
       By the Committee on Rules; and Senators Perry, Hutson, and Bracy
       
       
       
       
       
       595-04575-19                                           2019902c1
    1                        A bill to be entitled                      
    2         An act relating to building permits; amending s.
    3         125.56, F.S.; authorizing counties to provide notice
    4         to certain persons under certain circumstances;
    5         authorizing counties that issue building permits to
    6         charge a person a single search fee for a certain
    7         amount under certain circumstances; amending s.
    8         166.222, F.S.; authorizing the governing bodies of
    9         municipalities to charge a person a single search fee
   10         for a certain amount under certain circumstances; to
   11         charge a person one search fee for a certain amount
   12         under certain circumstances; amending ss. 489.103 and
   13         489.503, F.S.; providing exemptions to certain
   14         contracting requirements; revising forms for
   15         disclosure statements; amending s. 553.79, F.S.;
   16         authorizing a local government to provide notice to
   17         certain persons under certain circumstances within a
   18         specified timeframe; authorizing a property owner to
   19         close a permit under certain circumstances; providing
   20         that a contractor is not liable for work performed in
   21         certain circumstances; defining the term “close”;
   22         authorizing a local enforcement agency to close a
   23         permit under certain circumstances; prohibiting a
   24         local enforcement agency from taking certain actions
   25         relating to building permits that were applied for but
   26         not closed by a previous owner; providing that local
   27         enforcement agencies retain all rights and remedies
   28         against the property owner and contractor listed on
   29         such a permit; amending s. 553.80, F.S.; authorizing
   30         the governing body of a local government to charge a
   31         person a single search fee one search fee for a
   32         certain amount under certain circumstances; amending
   33         s. 440.103, F.S.; conforming a cross-reference;
   34         providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Paragraphs (c) and (d) are added to subsection
   39  (4) of section 125.56, Florida Statutes, to read:
   40         125.56 Enforcement and amendment of the Florida Building
   41  Code and the Florida Fire Prevention Code; inspection fees;
   42  inspectors; etc.—
   43         (4)
   44         (c)A county that issues building permits may send a
   45  written notice of expiration, by e-mail or United States Postal
   46  Service, to the owner of the property and the contractor listed
   47  on the permit, no less than 30 days before a building permit is
   48  set to expire. The written notice must identify the permit that
   49  is set to expire and the date the permit will expire.
   50         (d) A county that issues building permits may charge a
   51  person only one search fee, in an amount commensurate with the
   52  research and time costs incurred by the county, for identifying
   53  building permits for each unit or subunit assigned by the county
   54  to a particular tax parcel identification number.
   55         Section 2. Section 166.222, Florida Statutes, is amended to
   56  read:
   57         166.222 Building code inspection fees.—
   58         (1) The governing body of a municipality may provide a
   59  schedule of reasonable inspection fees in order to defer the
   60  costs of inspection and enforcement of the provisions of its
   61  building code.
   62         (2) The governing body of a municipality that issues
   63  building permits may charge a person only one search fee, in an
   64  amount commensurate with the research and time costs incurred by
   65  the governing body, for identifying building permits for each
   66  unit or subunit assigned by the governing body to a particular
   67  tax parcel identification number.
   68         Section 3. Paragraphs (a) and (c) of subsection (7) of
   69  section 489.103, Florida Statutes, are amended to read:
   70         489.103 Exemptions.—This part does not apply to:
   71         (7)(a) Owners of property when acting as their own
   72  contractor and providing direct, onsite supervision themselves
   73  of all work not performed by licensed contractors:
   74         1. When building or improving farm outbuildings or one
   75  family or two-family residences on such property for the
   76  occupancy or use of such owners and not offered for sale or
   77  lease, or building or improving commercial buildings, at a cost
   78  not to exceed $75,000, on such property for the occupancy or use
   79  of such owners and not offered for sale or lease. In an action
   80  brought under this part, proof of the sale or lease, or offering
   81  for sale or lease, of any such structure by the owner-builder
   82  within 1 year after completion of same creates a presumption
   83  that the construction was undertaken for purposes of sale or
   84  lease.
   85         2. When repairing or replacing wood shakes or asphalt or
   86  fiberglass shingles on one-family, two-family, or three-family
   87  residences for the occupancy or use of such owner or tenant of
   88  the owner and not offered for sale within 1 year after
   89  completion of the work and when the property has been damaged by
   90  natural causes from an event recognized as an emergency
   91  situation designated by executive order issued by the Governor
   92  declaring the existence of a state of emergency as a result and
   93  consequence of a serious threat posed to the public health,
   94  safety, and property in this state.
   95         3. When installing, uninstalling, or replacing solar panels
   96  on one-family, two-family, or three-family residences, and the
   97  local permitting agency’s county or municipal government is
   98  participating in a “United States Department of Energy SunShot
   99  Initiative: Rooftop Solar Challenge” grant. However, an owner
  100  must utilize a licensed electrical contractor to effectuate the
  101  wiring of the solar panels, including any interconnection to the
  102  customer’s residential electrical wiring. The limitations of
  103  this exemption shall be expressly stated in the building permit
  104  approved and issued by the permitting agency for such project.
  105         4.When completing the requirements of a building permit,
  106  where the contractor listed on the permit substantially
  107  completed the project as determined by the local permitting
  108  agency, for a one-family or two-family residence, townhome, or
  109  an accessory structure of a one-family or two-family residence
  110  or townhome or an individual residential condominium unit or
  111  cooperative unit. Prior to qualifying for the exemption, the
  112  owner must receive approval from the local permitting agency,
  113  and the local permitting agency must determine that the
  114  contractor listed on the permit substantially completed the
  115  project. An owner who qualifies for the exemption under this
  116  subparagraph is not required to occupy the dwelling or unit for
  117  at least 1 year after the completion of the project.
  118         (c) To qualify for exemption under this subsection, an
  119  owner must personally appear and sign the building permit
  120  application and must satisfy local permitting agency
  121  requirements, if any, proving that the owner has a complete
  122  understanding of the owner’s obligations under the law as
  123  specified in the disclosure statement in this section. However,
  124  for purposes of implementing a “United States Department of
  125  Energy SunShot Initiative: Rooftop Solar Challenge” grant and
  126  the participation of county and municipal governments, including
  127  local permitting agencies under the jurisdiction of such county
  128  and municipal governments, an owner’s notarized signature or
  129  personal appearance to sign the permit application is not
  130  required for a solar project, as described in subparagraph
  131  (a)3., if the building permit application is submitted
  132  electronically to the permitting agency and the owner certifies
  133  the application and disclosure statement using the permitting
  134  agency’s electronic confirmation system. If any person violates
  135  the requirements of this subsection, the local permitting agency
  136  shall withhold final approval, revoke the permit, or pursue any
  137  action or remedy for unlicensed activity against the owner and
  138  any person performing work that requires licensure under the
  139  permit issued. The local permitting agency shall provide the
  140  person with a disclosure statement in substantially the
  141  following form:
  142  
  143                        DISCLOSURE STATEMENT                       
  144  
  145         1. I understand that state law requires construction
  146         to be done by a licensed contractor and have applied
  147         for an owner-builder permit under an exemption from
  148         the law. The exemption specifies that I, as the owner
  149         of the property listed, may act as my own contractor
  150         with certain restrictions even though I do not have a
  151         license.
  152  
  153         2. I understand that building permits are not required
  154         to be signed by a property owner unless he or she is
  155         responsible for the construction and is not hiring a
  156         licensed contractor to assume responsibility.
  157  
  158         3. I understand that, as an owner-builder, I am the
  159         responsible party of record on a permit. I understand
  160         that I may protect myself from potential financial
  161         risk by hiring a licensed contractor and having the
  162         permit filed in his or her name instead of my own
  163         name. I also understand that a contractor is required
  164         by law to be licensed in Florida and to list his or
  165         her license numbers on permits and contracts.
  166  
  167         4. I understand that I may build or improve a one
  168         family or two-family residence or a farm outbuilding.
  169         I may also build or improve a commercial building if
  170         the costs do not exceed $75,000. The building or
  171         residence must be for my own use or occupancy. It may
  172         not be built or substantially improved for sale or
  173         lease, unless I am completing the requirements of a
  174         building permit where the contractor listed on the
  175         permit substantially completed the project. If a
  176         building or residence that I have built or
  177         substantially improved myself is sold or leased within
  178         1 year after the construction is complete, the law
  179         will presume that I built or substantially improved it
  180         for sale or lease, which violates the exemption.
  181  
  182         5. I understand that, as the owner-builder, I must
  183         provide direct, onsite supervision of the
  184         construction.
  185  
  186         6. I understand that I may not hire an unlicensed
  187         person to act as my contractor or to supervise persons
  188         working on my building or residence. It is my
  189         responsibility to ensure that the persons whom I
  190         employ have the licenses required by law and by county
  191         or municipal ordinance.
  192  
  193         7. I understand that it is a frequent practice of
  194         unlicensed persons to have the property owner obtain
  195         an owner-builder permit that erroneously implies that
  196         the property owner is providing his or her own labor
  197         and materials. I, as an owner-builder, may be held
  198         liable and subjected to serious financial risk for any
  199         injuries sustained by an unlicensed person or his or
  200         her employees while working on my property. My
  201         homeowner’s insurance may not provide coverage for
  202         those injuries. I am willfully acting as an owner
  203         builder and am aware of the limits of my insurance
  204         coverage for injuries to workers on my property.
  205  
  206         8. I understand that I may not delegate the
  207         responsibility for supervising work to a licensed
  208         contractor who is not licensed to perform the work
  209         being done. Any person working on my building who is
  210         not licensed must work under my direct supervision and
  211         must be employed by me, which means that I must comply
  212         with laws requiring the withholding of federal income
  213         tax and social security contributions under the
  214         Federal Insurance Contributions Act (FICA) and must
  215         provide workers’ compensation for the employee. I
  216         understand that my failure to follow these laws may
  217         subject me to serious financial risk.
  218  
  219         9. I agree that, as the party legally and financially
  220         responsible for this proposed construction activity, I
  221         will abide by all applicable laws and requirements
  222         that govern owner-builders as well as employers. I
  223         also understand that the construction must comply with
  224         all applicable laws, ordinances, building codes, and
  225         zoning regulations.
  226  
  227         10. I understand that I may obtain more information
  228         regarding my obligations as an employer from the
  229         Internal Revenue Service, the United States Small
  230         Business Administration, the Florida Department of
  231         Financial Services, and the Florida Department of
  232         Revenue. I also understand that I may contact the
  233         Florida Construction Industry Licensing Board at
  234         ...(telephone number)... or ...(Internet website
  235         address)... for more information about licensed
  236         contractors.
  237  
  238         11. I am aware of, and consent to, an owner-builder
  239         building permit applied for in my name and understand
  240         that I am the party legally and financially
  241         responsible for the proposed construction activity at
  242         the following address: ...(address of property)....
  243  
  244         12. I agree to notify ...(issuer of disclosure
  245         statements)... immediately of any additions,
  246         deletions, or changes to any of the information that I
  247         have provided on this disclosure.
  248  
  249         Licensed contractors are regulated by laws designed to
  250         protect the public. If you contract with a person who
  251         does not have a license, the Construction Industry
  252         Licensing Board and Department of Business and
  253         Professional Regulation may be unable to assist you
  254         with any financial loss that you sustain as a result
  255         of a complaint. Your only remedy against an unlicensed
  256         contractor may be in civil court. It is also important
  257         for you to understand that, if an unlicensed
  258         contractor or employee of an individual or firm is
  259         injured while working on your property, you may be
  260         held liable for damages. If you obtain an owner
  261         builder permit and wish to hire a licensed contractor,
  262         you will be responsible for verifying whether the
  263         contractor is properly licensed and the status of the
  264         contractor’s workers’ compensation coverage.
  265  
  266         Before a building permit can be issued, this
  267         disclosure statement must be completed and signed by
  268         the property owner and returned to the local
  269         permitting agency responsible for issuing the permit.
  270         A copy of the property owner’s driver license, the
  271         notarized signature of the property owner, or other
  272         type of verification acceptable to the local
  273         permitting agency is required when the permit is
  274         issued.
  275  
  276  Signature: ...(signature of property owner)....
  277  Date: ...(date)....
  278         Section 4. Subsection (6) of section 489.503, Florida
  279  Statutes, is amended to read:
  280         489.503 Exemptions.—This part does not apply to:
  281         (6)(a) An owner of property making application for permit,
  282  supervising, and doing the work in connection with the
  283  construction, maintenance, repair, and alteration of and
  284  addition to a single-family or duplex residence for his or her
  285  own use and occupancy and not intended for sale or an owner of
  286  property when acting as his or her own electrical contractor and
  287  providing all material supervision himself or herself, when
  288  building or improving a farm outbuilding or a single-family or
  289  duplex residence on such property for the occupancy or use of
  290  such owner and not offered for sale or lease, or building or
  291  improving a commercial building with aggregate construction
  292  costs of under $75,000 on such property for the occupancy or use
  293  of such owner and not offered for sale or lease. In an action
  294  brought under this subsection, proof of the sale or lease, or
  295  offering for sale or lease, of more than one such structure by
  296  the owner-builder within 1 year after completion of same is
  297  prima facie evidence that the construction was undertaken for
  298  purposes of sale or lease.
  299         (b)An owner of property completing the requirements of a
  300  building permit, where the contractor listed on the permit
  301  substantially completed the project as determined by the local
  302  permitting agency, for a one-family or two family residence,
  303  townhome, accessory structure of a one-family or two-family
  304  residence or townhome or individual residential condominium unit
  305  or cooperative unit. Prior to the owner qualifying for the
  306  exemption, the owner must receive approval from the local
  307  permitting agency, and the local permitting agency must
  308  determine that the contractor substantially completed the
  309  project. An owner who qualifies for the exemption under this
  310  paragraph is not required to occupy the dwelling or unit for at
  311  least 1 year after the completion of the project.
  312         (c) This subsection does not exempt any person who is
  313  employed by such owner and who acts in the capacity of a
  314  contractor. For the purpose of this subsection, the term “owner
  315  of property” includes the owner of a mobile home situated on a
  316  leased lot. To qualify for exemption under this subsection, an
  317  owner shall personally appear and sign the building permit
  318  application and must satisfy local permitting agency
  319  requirements, if any, proving that the owner has a complete
  320  understanding of the owner’s obligations under the law as
  321  specified in the disclosure statement in this section. If any
  322  person violates the requirements of this subsection, the local
  323  permitting agency shall withhold final approval, revoke the
  324  permit, or pursue any action or remedy for unlicensed activity
  325  against the owner and any person performing work that requires
  326  licensure under the permit issued. The local permitting agency
  327  shall provide the owner with a disclosure statement in
  328  substantially the following form:
  329  
  330                        Disclosure Statement                       
  331  
  332         State law requires electrical contracting to be done by
  333  licensed electrical contractors. You have applied for a permit
  334  under an exemption to that law. The exemption allows you, as the
  335  owner of your property, to act as your own electrical contractor
  336  even though you do not have a license. You may install
  337  electrical wiring for a farm outbuilding or a single-family or
  338  duplex residence. You may install electrical wiring in a
  339  commercial building the aggregate construction costs of which
  340  are under $75,000. The home or building must be for your own use
  341  and occupancy. It may not be built for sale or lease, unless you
  342  are completing the requirements of a building permit where the
  343  contractor listed on the permit substantially completed the
  344  project. If you sell or lease more than one building you have
  345  wired yourself within 1 year after the construction is complete,
  346  the law will presume that you built it for sale or lease, which
  347  is a violation of this exemption. You may not hire an unlicensed
  348  person as your electrical contractor. Your construction shall be
  349  done according to building codes and zoning regulations. It is
  350  your responsibility to make sure that people employed by you
  351  have licenses required by state law and by county or municipal
  352  licensing ordinances.
  353         Section 5. Present subsections (15) through (20) of section
  354  553.79, Florida Statutes, are redesignated as subsections (17)
  355  through (22), respectively, new subsections (15) and (16) are
  356  added to that section, and paragraph (c) is added to subsection
  357  (1) of that section, to read:
  358         553.79 Permits; applications; issuance; inspections.—
  359         (1)
  360         (c) A local government that issues building permits may
  361  send a written notice of expiration, by e-mail or United States
  362  Postal Service, to the owner of the property and the contractor
  363  listed on the permit, no less than 30 days before a building
  364  permit is set to expire. The written notice must identify the
  365  permit that is set to expire and the date the permit will
  366  expire.
  367         (15)(a)A property owner, regardless of whether the
  368  property owner is the one listed on the application for the
  369  building permit, may close a building permit by complying with
  370  the following requirements:
  371         1.The property owner may retain the original contractor
  372  listed on the permit or hire a different contractor
  373  appropriately licensed in this state to perform the work
  374  necessary to satisfy the conditions of the permit and to obtain
  375  any necessary inspections in order to close the permit. If a
  376  contractor other than the original contractor listed on the
  377  permit is hired by the property owner to close the permit, such
  378  contractor is not liable for any defects in the work performed
  379  by the original contractor and is only liable for the work that
  380  he or she performs.
  381         2.The property owner may assume the role of an owner
  382  builder, in accordance with ss. 489.103(7) and 489.503(6).
  383         3.For purposes of this section, the term “close” means
  384  that the requirements of the permit have been satisfied.
  385         (b)If a building permit is expired and its requirements
  386  have been substantially completed, as determined by the local
  387  enforcement agency, the permit may be closed without having to
  388  obtain a new building permit, and the work required to close the
  389  permit may be done pursuant to the building code in effect at
  390  the time the local enforcement agency received the application
  391  for the permit, unless the contractor has sought and received
  392  approval from the local enforcement agency for an alternative
  393  material, design, or method of construction.
  394         (c)A local enforcement agency may close a building permit
  395  6 years after the issuance of the permit, even in the absence of
  396  a final inspection, if the local enforcement agency determines
  397  that no apparent safety hazards exist.
  398         (16)(a)A local enforcement agency may not deny issuance of
  399  a building permit to, issue a notice of violation to, or fine,
  400  penalize, sanction, or assess fees against an arms-length
  401  purchaser of a property for value solely because a building
  402  permit was applied for by a previous owner of the property was
  403  not closed. The local enforcement agency shall maintain all
  404  rights and remedies against the property owner and contractor
  405  listed on the permit.
  406         (b)The local enforcement agency may not deny issuance of a
  407  building permit to a contractor solely because the contractor is
  408  listed on other building permits that were not closed.
  409         Section 6. Paragraph (e) is added to subsection (7) of
  410  section 553.80, Florida Statutes, to read:
  411         553.80 Enforcement.—
  412         (7) The governing bodies of local governments may provide a
  413  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  414  166.222 and this section, for enforcing this part. These fees,
  415  and any fines or investment earnings related to the fees, shall
  416  be used solely for carrying out the local government’s
  417  responsibilities in enforcing the Florida Building Code. When
  418  providing a schedule of reasonable fees, the total estimated
  419  annual revenue derived from fees, and the fines and investment
  420  earnings related to the fees, may not exceed the total estimated
  421  annual costs of allowable activities. Any unexpended balances
  422  shall be carried forward to future years for allowable
  423  activities or shall be refunded at the discretion of the local
  424  government. The basis for a fee structure for allowable
  425  activities shall relate to the level of service provided by the
  426  local government and shall include consideration for refunding
  427  fees due to reduced services based on services provided as
  428  prescribed by s. 553.791, but not provided by the local
  429  government. Fees charged shall be consistently applied.
  430         (e)The governing body of a local government that issues
  431  building permits may charge a person only one search fee, in an
  432  amount commensurate with the research and time costs incurred by
  433  the governing body, for identifying building permits for each
  434  unit or subunit assigned by the governing body to a particular
  435  tax parcel identification number.
  436         Section 7. Section 440.103, Florida Statutes, is amended to
  437  read:
  438         440.103 Building permits; identification of minimum premium
  439  policy.—Every employer shall, as a condition to applying for and
  440  receiving a building permit, show proof and certify to the
  441  permit issuer that it has secured compensation for its employees
  442  under this chapter as provided in ss. 440.10 and 440.38. Such
  443  proof of compensation must be evidenced by a certificate of
  444  coverage issued by the carrier, a valid exemption certificate
  445  approved by the department, or a copy of the employer’s
  446  authority to self-insure and shall be presented, electronically
  447  or physically, each time the employer applies for a building
  448  permit. As provided in s. 553.79(20) s. 553.79(19), for the
  449  purpose of inspection and record retention, site plans or
  450  building permits may be maintained at the worksite in the
  451  original form or in the form of an electronic copy. These plans
  452  and permits must be open to inspection by the building official
  453  or a duly authorized representative, as required by the Florida
  454  Building Code. As provided in s. 627.413(5), each certificate of
  455  coverage must show, on its face, whether or not coverage is
  456  secured under the minimum premium provisions of rules adopted by
  457  rating organizations licensed pursuant to s. 627.221. The words
  458  “minimum premium policy” or equivalent language shall be typed,
  459  printed, stamped, or legibly handwritten.
  460         Section 8. This act shall take effect October 1, 2019.