Florida Senate - 2026 CS for CS for SB 1234
By the Committees on Rules; and Regulated Industries; and
Senator DiCeglie
595-03191-26 20261234c2
1 A bill to be entitled
2 An act relating to building permits and inspections;
3 amending s. 125.56, F.S.; providing for expiration of
4 certain building permits issued by a county after a
5 specified timeframe; providing construction; amending
6 s. 489.129, F.S.; providing that certain persons are
7 not subject to discipline for performing a job without
8 applicable permits and inspections if otherwise
9 provided by law; amending s. 553.382, F.S.; providing
10 that any certified residential manufactured building
11 may not be denied a building permit for placement on
12 specified lots or property associations; creating s.
13 553.385, F.S.; defining the terms “local government”
14 and “offsite-constructed residential dwelling”;
15 requiring that an offsite-constructed residential
16 dwelling be permitted as of right in any zoning
17 district where certain dwellings are allowed;
18 prohibiting a local government from adopting or
19 enforcing a certain zoning, land use, or development
20 regulation that treats an offsite-constructed
21 residential dwelling differently or more restrictively
22 than certain dwellings in the same district; providing
23 construction; authorizing a local government to adopt
24 compatibility standards for specified architectural
25 features; prohibiting a local government from treating
26 offsite-constructed residential dwellings differently
27 than factory-built buildings based on the method or
28 location of construction; prohibiting a local
29 government from adopting or enforcing certain zoning,
30 land use, or development ordinances or regulations;
31 prohibiting local government ordinances or regulations
32 from having the effect of excluding offsite
33 constructed residential dwellings; requiring that such
34 ordinances or regulations be reasonable and uniformly
35 enforced without distinction as to type of housing;
36 providing that any such ordinance or regulation is
37 void and unenforceable as applied to offsite
38 constructed residential dwellings; amending s. 553.77,
39 F.S.; requiring the Florida Building Commission to
40 adopt by rule uniform statewide building permit
41 applications for commercial and residential
42 construction projects; requiring that such building
43 permit applications, to the extent feasible, be
44 capable of integration with existing building permit
45 software systems used by local governments and account
46 for local amendments to the Florida Building Code;
47 amending s. 553.79, F.S.; requiring local enforcement
48 agencies to allow building permit applicants to submit
49 certain documents and payments electronically;
50 authorizing building officials to accept such
51 documents and payments in person in a nonelectronic
52 format; providing that a building permit issued by a
53 local government for a single-family dwelling expires
54 after a specified timeframe; authorizing a local
55 government to extend such a building permit beyond the
56 specified timeframe; prohibiting inspection fees from
57 being based on the total cost of a project and from
58 exceeding the actual inspection costs incurred by the
59 local enforcement agency; prohibiting a local
60 government that issues building permits from requiring
61 the owner of a single-family dwelling or the owner’s
62 contractor to obtain a building permit to perform work
63 that is at valued less than a specified sum; providing
64 exceptions; prohibiting the division of a construction
65 project into more than one project for a specified
66 purpose; requiring certain persons who perform work on
67 a property to file a notice of permit exemption with
68 the local enforcement agency within a specified
69 timeframe; providing that a notice is not required for
70 work performed personally by the property owner;
71 providing that a local government has no legal duty to
72 the owner, contractor, or their successors or assigns
73 for such work performed; prohibiting a local
74 government that issues building permits from requiring
75 an owner of certain dwellings, or the owner’s
76 contractor, to obtain a building permit for certain
77 work under certain circumstances; providing that a
78 local government has no legal duty to the owner,
79 contractor, or their successors or assigns for such
80 work performed; authorizing the Florida Building
81 Commission to adopt rules; prohibiting a local
82 government that issues building permits from requiring
83 a building permit for each lot or parcel upon which a
84 retaining wall is installed on the property of certain
85 buildings; providing construction; prohibiting a
86 political subdivision from imposing certain
87 requirements for glazing on certain proposed
88 construction or restoration projects; providing an
89 exception; defining the terms “glazing” and “primary
90 facade”; amending s. 553.791, F.S.; revising
91 definitions; defining the term “registration”;
92 revising the authorization of a fee owner or the fee
93 owner’s contractor to use a private provider for
94 certain services to include plans review; requiring
95 that the written authorization of a fee owner to a
96 contractor for the use of a private provider be
97 explicit; providing that such explicit written
98 authorization be submitted to the local building
99 official; prohibiting a local enforcement agency from
100 requiring that the explicit written authorization be
101 submitted as part of a permit application or as a
102 condition for issuing a permit; specifying how the
103 permit fee must be calculated; prohibiting a local
104 jurisdiction from charging certain administrative fees
105 or other additional fees; requiring the local
106 jurisdiction to promptly provide equal access to all
107 permitting and inspection documents and reports to the
108 private provider, fee owner, and contractor under
109 certain circumstances; specifying requirements for
110 reduced permit fees and surcharge calculations;
111 prohibiting local governmental entities and local
112 building officials from requiring additional forms in
113 certain circumstances; providing an exception;
114 requiring local enforcement agencies to create a
115 registration system for private providers and private
116 provider firms working in their jurisdiction;
117 requiring a local enforcement agency to establish a
118 method to register and update registration information
119 electronically; prohibiting local enforcement agencies
120 from charging an administrative fee for registration
121 or updating registration; requiring private providers
122 and private provider firms to include certain
123 information when registering; prohibiting a private
124 provider or a private provider firm from working in
125 the local enforcement agency’s jurisdiction until it
126 registers; requiring the private provider or private
127 provider firm to update its registration within a
128 specified timeframe if there is a change in specified
129 information; prohibiting local enforcement agencies
130 from altering a form adopted by the commission;
131 deleting a requirement that a private provider’s
132 qualification statements or resumes be included in a
133 certain notice; deleting time restrictions for
134 electing to use a private provider; revising the
135 authorization for a fee owner or the fee owner’s
136 contractor to use a private provider to provide
137 inspection services for single-trade inspections for a
138 single-family or two-family dwelling; requiring local
139 enforcement agencies to accept electronically
140 submitted affidavits; specifying which forms and
141 documents a local building official may not review;
142 providing that a local building official may review
143 certain forms and documents for completeness only;
144 requiring that written notice of incomplete forms be
145 given to an applicant within a specified timeframe;
146 requiring the written notice to state with specificity
147 which forms or documents are incomplete; deleting a
148 requirement that the local building official issue the
149 requested permit or provide a written notice to the
150 permit applicant with specific information within a
151 specified timeframe; revising the circumstances for
152 when any time periods are tolled for any incomplete
153 forms or documents; making technical changes; revising
154 the timeframe in which the local building official has
155 to issue the requested permit or provide a second
156 written notice; providing that certain permits are
157 deemed approved and a local building official is
158 required to issue the permit within a specified
159 timeframe; deleting a requirement of private providers
160 that are performing required inspections to provide
161 notice to the local building official of specified
162 information; deleting a provision authorizing the
163 local building official to visit the building site as
164 often as necessary to verify certain information;
165 prohibiting the local jurisdiction from charging
166 reaudit or reinspection fees under certain
167 circumstances; providing that local enforcement
168 agencies are not responsible for the administration or
169 supervision of services performed by a private
170 provider; conforming provisions to changes made by the
171 act; prohibiting local building officials from failing
172 certain inspections under certain circumstances;
173 revising the timeframe in which certain records must
174 be provided; authorizing certain persons to sign
175 certificates of compliance; authorizing a local
176 building official to perform certain building
177 inspections under certain circumstances; specifying
178 requirements for local building officials under such
179 circumstances; providing that a local building
180 official may review certain forms and documents for
181 completeness only; deleting a provision authorizing
182 certain governmental entities to establish a system of
183 registration for certain private providers, private
184 provider firms, and duly authorized representatives;
185 providing that certain virtual inspections may not be
186 prohibited or limited; requiring that a private
187 provider or private provider firm subject to an audit
188 be given notice of such audit to be performed within a
189 specified timeframe; prohibiting certain entities from
190 prohibiting or discouraging the use of private
191 providers; revising a provision authorizing a county,
192 a municipality, a school district, or an independent
193 special district to use a private provider or private
194 provider firm, or a licensed building inspector or a
195 person who holds the same licensure or certification
196 as a private provider, to provide certain services;
197 amending s. 553.792, F.S.; revising the timeframe in
198 which a local government must approve, approve with
199 conditions, or deny certain work on certain buildings
200 if such work is valued at less than a specified sum;
201 amending s. 720.3035, F.S.; prohibiting an association
202 or certain committees from requiring a building permit
203 as a prerequisite for a certain review; providing an
204 effective date.
205
206 Be It Enacted by the Legislature of the State of Florida:
207
208 Section 1. Paragraph (d) of subsection (4) of section
209 125.56, Florida Statutes, is amended to read:
210 125.56 Enforcement and amendment of the Florida Building
211 Code and the Florida Fire Prevention Code; inspection fees;
212 inspectors; etc.—
213 (4)
214 (d) A county that issues building permits may send a
215 written notice of expiration, by e-mail or United States Postal
216 Service, to the owner of the property and the contractor listed
217 on the permit, no less than 30 days before a building permit is
218 set to expire. The written notice must identify the permit that
219 is set to expire and the date the permit will expire. A building
220 permit issued by a county for a single-family dwelling expires 1
221 year after the issuance of the permit or on the effective date
222 of the next edition of the Florida Building Code, whichever is
223 later; however, this paragraph does not prevent a local
224 government from extending the building permit beyond the
225 expiration date.
226 Section 2. Paragraph (o) of subsection (1) of section
227 489.129, Florida Statutes, is amended to read:
228 489.129 Disciplinary proceedings.—
229 (1) The board may take any of the following actions against
230 any certificateholder or registrant: place on probation or
231 reprimand the licensee, revoke, suspend, or deny the issuance or
232 renewal of the certificate or registration, require financial
233 restitution to a consumer for financial harm directly related to
234 a violation of a provision of this part, impose an
235 administrative fine not to exceed $10,000 per violation, require
236 continuing education, or assess costs associated with
237 investigation and prosecution, if the contractor, financially
238 responsible officer, or business organization for which the
239 contractor is a primary qualifying agent, a financially
240 responsible officer, or a secondary qualifying agent responsible
241 under s. 489.1195 is found guilty of any of the following acts:
242 (o) Proceeding on any job without obtaining applicable
243 local building department permits and inspections, unless
244 otherwise provided by law.
245
246 For the purposes of this subsection, construction is considered
247 to be commenced when the contract is executed and the contractor
248 has accepted funds from the customer or lender. A contractor
249 does not commit a violation of this subsection when the
250 contractor relies on a building code interpretation rendered by
251 a building official or person authorized by s. 553.80 to enforce
252 the building code, absent a finding of fraud or deceit in the
253 practice of contracting, or gross negligence, repeated
254 negligence, or negligence resulting in a significant danger to
255 life or property on the part of the building official, in a
256 proceeding under chapter 120.
257 Section 3. Section 553.382, Florida Statutes, is amended to
258 read:
259 553.382 Placement of certain housing.—Notwithstanding any
260 other law or ordinance to the contrary, in order to expand the
261 availability of affordable housing in this state, any
262 residential manufactured building that is certified under this
263 chapter by the department may not be denied a building permit
264 for placement be placed on a mobile home lot in a mobile home
265 park, on any lot in a recreational vehicle park, or in a mobile
266 home condominium, cooperative, or subdivision. Any such housing
267 unit placed on a mobile home lot is a mobile home for purposes
268 of chapter 723 and, therefore, all rights, obligations, and
269 duties under chapter 723 apply, including the specifics of the
270 prospectus. However, a housing unit subject to this section may
271 not be placed on a mobile home lot without the prior written
272 approval of the park owner. Each housing unit located on a
273 mobile home lot and subject to this section must shall be taxed
274 as a mobile home under s. 320.08(11) and is subject to payments
275 to the Florida Mobile Home Relocation Fund under s. 723.06116.
276 Section 4. Section 553.385, Florida Statutes, is created to
277 read:
278 553.385 Permitting and zoning of offsite-constructed
279 residential dwellings; parity.—
280 (1) As used in this section, the term:
281 (a) “Local government” means a county or municipality.
282 (b) “Offsite-constructed residential dwelling” means a
283 manufactured building as defined in s. 553.36(13) which is
284 intended for single-family residential use, or a manufactured
285 home as defined in s. 320.01(2)(b) which is constructed in whole
286 or in part offsite and is treated as real property.
287 (2)(a) An offsite-constructed residential dwelling must be
288 permitted as of right in any zoning district where single-family
289 detached dwellings are allowed.
290 (b) A local government may not adopt or enforce any zoning,
291 land use, or development regulation that treats an offsite
292 constructed residential dwelling differently or more
293 restrictively than a single-family site-built dwelling allowed
294 in the same district.
295 (c) This section does not prohibit a local government from
296 applying generally applicable architectural, aesthetic, design,
297 setback, height, or bulk standards to offsite-constructed
298 residential dwellings, provided such standards apply equally to
299 site-built single-family dwellings permitted in the same
300 district. A local government may adopt compatibility standards
301 that are limited to the following architectural features:
302 1. Roof pitch.
303 2. Square footage of livable space.
304 3. Type and quality of exterior finishing materials.
305 4. Foundation enclosure.
306 5. Existence and type of attached structures.
307 6. Building setbacks, lot dimensions, and the orientation
308 of the home on the lot.
309 (d) A local government may not treat offsite-constructed
310 residential dwellings differently than factory-built buildings
311 subject to s. 553.38 based on the method or location of
312 construction.
313 (3) A local government may not adopt or enforce any zoning,
314 land use, or development ordinance or regulation that conflicts
315 with this section or s. 553.38, or that imposes different or
316 more restrictive treatment on an offsite-constructed residential
317 dwelling based on its method of construction or the presence of
318 components built off site. Local government ordinances or
319 regulations may not have the effect of excluding offsite
320 constructed residential dwellings and must be reasonable and
321 uniformly enforced without any distinction as to the type of
322 housing. Any such ordinance or regulation is void and
323 unenforceable as applied to offsite-constructed residential
324 dwellings.
325 Section 5. Present paragraphs (b) through (m) of subsection
326 (1) of section 553.77, Florida Statutes, are redesignated as
327 paragraphs (c) through (n), respectively, a new paragraph (b) is
328 added to that subsection, and present paragraph (c) of that
329 subsection is amended, to read:
330 553.77 Specific powers of the commission.—
331 (1) The commission shall:
332 (b) By July 1, 2027, adopt by rule a uniform commercial
333 building permit application to be used statewide for commercial
334 construction projects and a uniform residential building permit
335 application to be used statewide for residential construction
336 projects. To the extent feasible, the uniform building permit
337 applications adopted by the commission must be capable of
338 integration with existing building permit software systems
339 utilized by local governments and must account for local
340 amendments to the Florida Building Code.
341 (d)(c) Upon written application by any substantially
342 affected person or a local enforcement agency, issue declaratory
343 statements pursuant to s. 120.565 relating to new technologies,
344 techniques, and materials which have been tested where necessary
345 and found to meet the objectives of the Florida Building Code.
346 This paragraph does not apply to the types of products,
347 materials, devices, or methods of construction required to be
348 approved under paragraph (g) (f).
349 Section 6. Paragraphs (a), (b), (c), and (f) of subsection
350 (1) and paragraph (a) of subsection (24) of section 553.79,
351 Florida Statutes, are amended, and paragraphs (g) through (j)
352 are added to subsection (1) of that section, to read:
353 553.79 Permits; applications; issuance; inspections.—
354 (1)(a) Unless otherwise provided by law, after the
355 effective date of the Florida Building Code adopted as herein
356 provided, it is shall be unlawful for any person, firm,
357 corporation, or governmental entity to construct, erect, alter,
358 modify, repair, or demolish any building within this state
359 without first obtaining a permit therefor from the appropriate
360 enforcing agency or from such persons as may, by appropriate
361 resolution or regulation of the authorized state or local
362 enforcing agency, be delegated authority to issue such permits,
363 upon the payment of such reasonable fees adopted by the
364 enforcing agency. The enforcing agency is empowered to revoke
365 any such permit upon a determination by the agency that the
366 construction, erection, alteration, modification, repair, or
367 demolition of the building for which the permit was issued is in
368 violation of, or not in conformity with, the provisions of the
369 Florida Building Code. Whenever a permit required under this
370 section is denied or revoked because the plan, or the
371 construction, erection, alteration, modification, repair, or
372 demolition of a building, is found by the local enforcing agency
373 to be not in compliance with the Florida Building Code, the
374 local enforcing agency shall identify the specific plan or
375 project features that do not comply with the applicable codes,
376 identify the specific code chapters and sections upon which the
377 finding is based, and provide this information to the permit
378 applicant. A plans reviewer or building code administrator who
379 is responsible for issuing a denial, revocation, or modification
380 request but fails to provide to the permit applicant a reason
381 for denying, revoking, or requesting a modification, based on
382 compliance with the Florida Building Code or local ordinance, is
383 subject to disciplinary action against his or her license
384 pursuant to s. 468.621(1)(i). Installation, replacement,
385 removal, or metering of any load management control device is
386 exempt from and is shall not be subject to the permit process
387 and fees otherwise required by this section.
388 (b) A local enforcement agency shall post each type of
389 building permit application, as adopted by the commission,
390 including a list of all required attachments, drawings, or other
391 requirements for each type of application, on its website. A
392 local enforcement agency must post and update the status of
393 every received application on its website until the issuance of
394 the building permit. A local enforcement agency shall allow
395 applicants to submit completed applications, including payments,
396 attachments, drawings, or other requirements or parts of the
397 completed permit application, must be able to be submitted
398 electronically to the appropriate building department. Accepted
399 methods of electronic submission include, but are not limited
400 to, e-mail submission of applications in Portable Document
401 Format or submission of applications through an electronic fill
402 in form available on the building department’s website or
403 through a third-party submission management software. A building
404 official may accept completed applications, including payments,
405 attachments, drawings, or other requirements or parts of the
406 completed permit application, may also be submitted in person in
407 a nonelectronic format, at the discretion of the building
408 official.
409 (c) A local government that issues building permits may
410 send a written notice of expiration, by e-mail or United States
411 Postal Service, to the owner of the property and the contractor
412 listed on the permit, no less than 30 days before a building
413 permit is set to expire. The written notice must identify the
414 permit that is set to expire and the date the permit will
415 expire. A building permit issued by a local government for a
416 single-family dwelling expires 1 year after the issuance of the
417 permit or on the effective date of the next edition of the
418 Florida Building Code, whichever is later; however, this
419 paragraph does not prevent a local government from extending the
420 building permit beyond the expiration date.
421 (f) A local government may not require a contract between a
422 builder and an owner, any copies of such contract, or any
423 associated document, including, but not limited to, letters of
424 intent, material costs lists, labor costs, or overhead or profit
425 statements, for the issuance of a building permit or as a
426 requirement for the submission of a building permit application.
427 Inspection fees may not be based on the total cost of a project
428 and may not exceed the actual inspection costs incurred by the
429 local enforcement agency.
430 (g)1. A local government that issues building permits may
431 not require an owner of a single-family dwelling or the owner’s
432 contractor to obtain a building permit to perform any work that
433 is valued at less than $7,500 on the owner’s property. However,
434 a local government may require a building permit for any
435 electrical, plumbing, structural, mechanical, or gas work
436 performed on a lot containing a single-family dwelling,
437 regardless of the value of the work. A construction project may
438 not be divided into more than one project for the purpose of
439 evading the requirements of this section.
440 2. For any work performed by a person other than the
441 property owner under the exemption in subparagraph 1., the
442 person performing the work shall file a notice of permit
443 exemption with the local enforcement agency which includes the
444 name and license number of the person or entity hired to perform
445 the work, the scope of the work performed, the property address
446 at which the work was performed, and the value of such work as
447 proof that such work complies with subparagraph 1. A notice of
448 permit exemption must be filed within 30 days after the date the
449 work begins. A notice is not required for work performed
450 personally by the property owner. A local government has no
451 legal duty to the owner or contractor, or the owner’s or
452 contractor’s successors or assigns, for work performed under
453 this paragraph.
454 (h)1. Except to the extent strictly necessary to maintain
455 compliance with the National Flood Insurance Program for
456 participating communities, a local government that issues
457 building permits may not require an owner of a single-family or
458 two-family dwelling, or the owner’s contractor, to obtain a
459 building permit for the installation of temporary residential
460 hurricane and flood protection walls or barriers that meet all
461 of the following conditions:
462 a. The wall or barrier is nonhabitable and nonload-bearing
463 and is not more than 48 inches in height.
464 b. The wall or barrier is installed on the residential
465 property of a single-family or two-family dwelling or townhouse.
466 c. The wall or barrier does not render a code-compliant
467 building noncompliant with codes required at the time of
468 original construction.
469 d. The wall or barrier is constructed to mitigate or
470 prevent storm surge or floodwaters from entering a structure or
471 property.
472 e. The wall or barrier is installed by a contractor
473 licensed under part I of chapter 489.
474 f. The wall or barrier complies with applicable local
475 zoning, drainage, easement, and setback requirements.
476 g. The wall or barrier complies with ANSI/FM 2510 or is
477 designed and certified by a professional engineer licensed in
478 this state based on site-specific engineering analysis.
479 2. A local government has no legal duty to the owner,
480 contractor, or their successors, or assigns for work performed
481 under this paragraph.
482 3. The commission may adopt rules pursuant to s. 120.54 to
483 incorporate necessary standards to implement this paragraph.
484 (i) A local government that issues building permits may not
485 require a building permit for each lot or parcel upon which a
486 retaining wall is installed on the property of a single-family
487 or two-family residential dwelling or a townhouse.
488 (j) This subsection may not be construed to limit a local
489 government’s authority under this chapter to maintain compliance
490 with the regulations of the Federal Emergency Management Agency
491 or the National Flood Insurance Program, regardless of the value
492 of the work.
493 (24)(a) A political subdivision of this state may not adopt
494 or enforce any ordinance or impose any building permit or other
495 development order requirement that:
496 1. Contains any building, construction, or aesthetic
497 requirement or condition that conflicts with or impairs
498 corporate trademarks, service marks, trade dress, logos, color
499 patterns, design scheme insignia, image standards, or other
500 features of corporate branding identity on real property or
501 improvements thereon used in activities conducted under chapter
502 526 or in carrying out business activities defined as a
503 franchise by Federal Trade Commission regulations in 16 C.F.R.
504 ss. 436.1, et. seq.; or
505 2. Imposes any requirement on the design, construction, or
506 location of signage advertising the retail price of gasoline in
507 accordance with the requirements of ss. 526.111 and 526.121
508 which prevents the signage from being clearly visible and
509 legible to drivers of approaching motor vehicles from a vantage
510 point on any lane of traffic in either direction on a roadway
511 abutting the gas station premises and meets height, width, and
512 spacing standards for Series C, D, or E signs, as applicable,
513 published in the latest edition of Standard Alphabets for
514 Highway Signs published by the United States Department of
515 Commerce, Bureau of Public Roads, Office of Highway Safety; or
516 3. Imposes a glazing requirement that results in the
517 glazing of more than 15 percent of the surface area of the
518 primary facade for the first 10 feet above the ground floor for
519 a proposed new commercial or mixed-use construction or
520 restoration project, except for individually listed contributing
521 structures in a National Register of Historic Places district.
522 Such glazing requirements may not be imposed or enforced on any
523 facade other than the primary facade, and such glazing
524 requirements may not be imposed or enforced on any portion of
525 the primary facade higher than the first 10 feet above the
526 ground floor. For purposes of this subparagraph, the term:
527 a. “Glazing” means the installation of transparent or
528 translucent materials, including glass or similar substances, in
529 windows, doors, or storefronts. The term includes any actual or
530 faux windows to be installed on a building facade.
531 b. “Primary facade” means the single building side housing
532 the primary entrance to the building.
533 Section 7. Section 553.791, Florida Statutes, is amended to
534 read:
535 553.791 Alternative plans review and inspection.—
536 (1) As used in this section, the term:
537 (a) “Applicable codes” means the Florida Building Code and
538 any local technical amendments to the Florida Building Code but
539 does not include the applicable minimum fire prevention and
540 firesafety codes adopted pursuant to chapter 633.
541 (b) “Audit” means the process to confirm that the building
542 code inspection services have been performed by the private
543 provider, including ensuring that the required affidavit for the
544 plan review has been properly completed and submitted with the
545 permit documents and that the minimum mandatory inspections
546 required under the building code have been performed and
547 properly recorded. The local building official may not replicate
548 the plan review or inspection being performed by the private
549 provider, unless expressly authorized by this section.
550 (c) “Building” means any construction, erection,
551 alteration, demolition, or improvement of, or addition to, any
552 structure or site work for which permitting by a local
553 enforcement agency is required.
554 (d) “Building code inspection services” means those
555 services described in s. 468.603(5) and (8) involving the review
556 of building plans as well as those services involving the review
557 of site plans and site work engineering plans or their
558 functional equivalent, to determine compliance with applicable
559 codes and those inspections required by law, conducted either in
560 person or virtually, of each phase of construction for which
561 permitting by a local enforcement agency is required to
562 determine compliance with applicable codes.
563 (e) “Deliver” or “delivery” means any method of delivery
564 used in conventional business or commercial practice, including
565 delivery by electronic transmissions such as e-mail or
566 submission through an electronic fill-in form available on the
567 building department’s website or through a third-party
568 submission management software.
569 (f) “Duly authorized representative” means an agent of the
570 private provider identified in the permit application who
571 reviews plans or performs inspections as provided by this
572 section and who is licensed as an engineer under chapter 471 or
573 as an architect under chapter 481 or who holds a standard or
574 provisional certificate under part XII of chapter 468. A duly
575 authorized representative who only holds a provisional
576 certificate under part XII of chapter 468 must be under the
577 direct supervision of a person licensed as a building code
578 administrator under part XII of chapter 468.
579 (g) “Electronic signature” means any letters, characters,
580 or symbols manifested by electronic or similar means which are
581 executed or adopted by a party with an intent to authenticate a
582 writing or record.
583 (h) “Electronic transmission” or “submitted electronically”
584 means any form or process of communication not directly
585 involving the physical transfer of paper or another tangible
586 medium which is suitable for the retention, retrieval, and
587 reproduction of information by the recipient and is retrievable
588 in paper form by the receipt through an automated process. All
589 notices, documents, and applications provided for in this
590 section may be transmitted electronically and shall have the
591 same legal effect as if physically posted or mailed.
592 (i) “Electronically posted” means providing notices of
593 decisions, results, or records, including inspection records,
594 through the use of a website or other form of electronic
595 communication used to transmit or display information.
596 (j) “Immediate threat to public safety and welfare” means a
597 building code violation that, if allowed to persist, constitutes
598 an immediate hazard that could result in death, serious bodily
599 injury, or significant property damage. This paragraph does not
600 limit the authority of the local building official to issue a
601 Notice of Corrective Action at any time during the construction
602 of a building project or any portion of such project if the
603 official determines that a condition of the building or portion
604 thereof may constitute a hazard when the building is put into
605 use following completion as long as the condition cited is shown
606 to be in violation of the building code or approved plans.
607 (k) “Local building official” means the individual within
608 the governing jurisdiction responsible for direct regulatory
609 administration or supervision of plans review, enforcement, and
610 inspection of any construction, erection, alteration,
611 demolition, or substantial improvement of, or addition to, any
612 structure for which permitting is required to indicate
613 compliance with applicable codes and includes any duly
614 authorized designee of such person.
615 (l) “Permit application” means a properly completed and
616 submitted application for the requested building or construction
617 permit, including:
618 1. The plans reviewed by the private provider, or in the
619 case of a single-trade plans review where a private provider
620 uses an automated or software-based plans review system pursuant
621 to subsection (7) (6), the information reviewed by the automated
622 or software-based plans review system to determine compliance
623 with one or more applicable codes.
624 2. The affidavit from the private provider required under
625 subsection (7) (6).
626 3. Any applicable fees.
627 4. Any documents required by the local building official to
628 determine that the fee owner has secured all other government
629 approvals required by law.
630 (m) “Plans” means building plans, site engineering plans,
631 or site plans, or their functional equivalent, submitted by a
632 fee owner or fee owner’s contractor to a private provider or
633 duly authorized representative for review.
634 (n) “Private provider” means a person licensed as a
635 building code administrator under part XII of chapter 468, as an
636 engineer under chapter 471, or as an architect under chapter
637 481. For purposes of performing inspections under this section
638 for additions and alterations that are limited to 1,000 square
639 feet or less to residential buildings, the term “private
640 provider” also includes a person who holds a standard
641 certificate under part XII of chapter 468.
642 (o) “Private provider firm” means a business organization,
643 including a corporation, partnership, business trust, or other
644 legal entity, which offers services under this chapter to the
645 public through licensees who are acting as agents, employees,
646 officers, or partners of the firm. A person who is licensed as a
647 building code administrator under part XII of chapter 468, an
648 engineer under chapter 471, or an architect under chapter 481
649 may act as a private provider for an agent, employee, or officer
650 of the private provider firm.
651 (p) “Registration” means the roster of authorized private
652 provider firms held by each local enforcement agency.
653 (q)(p) “Request for certificate of occupancy or certificate
654 of completion” means a properly completed and executed
655 application for:
656 1. A certificate of occupancy or certificate of completion.
657 2. A certificate of compliance from the private provider
658 required under subsection (15) (13).
659 3. Any applicable fees.
660 4. Any documents required by the local building official to
661 determine that the fee owner has secured all other government
662 approvals required by law.
663 (r)(q) “Single-trade inspection” or “single-trade plans
664 review” means any inspection or plans review focused on a single
665 construction trade, such as plumbing, mechanical, or electrical.
666 The term includes, but is not limited to, inspections or plans
667 reviews of door or window replacements; fences and block walls
668 more than 6 feet high from the top of the wall to the bottom of
669 the footing; stucco or plastering; reroofing with no structural
670 alteration; solar energy and energy storage installations or
671 alterations; HVAC replacements; ductwork or fan replacements;
672 alteration or installation of wiring, lighting, and service
673 panels; water heater changeouts; sink replacements; and
674 repiping.
675 (s)(r) “Site work” means the portion of a construction
676 project that is not part of the building structure, including,
677 but not limited to, grading, excavation, landscape irrigation,
678 and installation of driveways.
679 (t)(s) “Stop-work order” means the issuance of any written
680 statement, written directive, or written order which states the
681 reason for the order and the conditions under which the cited
682 work will be permitted to resume.
683 (2)(a) Notwithstanding any other law or local government
684 ordinance or local policy, the fee owner of a building or
685 structure, or the fee owner’s contractor upon explicit written
686 authorization from the fee owner, may choose at any time to use
687 a private provider to provide plans review or building code
688 inspection services with regard to such building or structure
689 and may make payment directly to the private provider for the
690 provision of such services. All such services are shall be the
691 subject of a written contract between the private provider, or
692 the private provider’s firm, and the fee owner or the fee
693 owner’s contractor, upon explicit written authorization of the
694 fee owner and a copy of such explicit written authorization
695 being submitted to the local building official. The local
696 enforcement agency may not require the contract to be provided
697 as part of the permit application or as a condition for issuing
698 a permit. The fee owner may elect to use a private provider to
699 provide plans review or required building inspections, or both.
700 However, if the fee owner or the fee owner’s contractor uses a
701 private provider to provide plans review, the local building
702 official, in his or her discretion and pursuant to duly adopted
703 policies of the local enforcement agency, may require the fee
704 owner or the fee owner’s contractor to use a private provider to
705 also provide required building inspections.
706 (b) If a fee an owner or the fee owner’s contractor retains
707 a private provider for purposes of plans review or building
708 inspection services, the local jurisdiction must reduce the
709 permit fee by the amount of cost savings realized by the local
710 enforcement agency for not having to perform such services. Such
711 reduction may be calculated on a flat fee or percentage basis,
712 or any other reasonable means by which a local enforcement
713 agency assesses the cost for its plans review or inspection
714 services. The permit fee must be based on the cost incurred by
715 the local jurisdiction, including the labor cost of the
716 personnel providing such services and the clerical and
717 supervisory assistance required to comply with this section. The
718 local jurisdiction may not charge fees for plans review or
719 building inspections if the fee owner or the fee owner’s
720 contractor hires a private provider to perform such services.
721 The local enforcement agency may not charge punitive
722 administrative fees when a fee owner has chosen to work with a
723 private provider; however, the local jurisdiction may charge a
724 reasonable administrative fee, which shall be based on the cost
725 that is actually incurred, including the labor cost of the
726 personnel providing the service, by the local jurisdiction or
727 attributable to the local jurisdiction for the clerical and
728 supervisory assistance required, or both.
729 (c) If a fee an owner or the fee owner’s a contractor
730 retains a private provider for purposes of plans review or
731 building inspection services, the local jurisdiction must
732 provide equal access to all permitting and inspection documents
733 and reports to the private provider, fee owner, and contractor
734 if such access is provided by software that protects exempt
735 records from disclosure. Access to these documents must be
736 promptly provided.
737 (d) If a fee owner or a fee owner’s contractor retains a
738 private provider for purposes of plans review or building
739 inspection services for a commercial construction project, the
740 local enforcement agency must reduce the permit fee by at least
741 25 percent of the portion of the permit fee attributable to
742 plans review or building inspection services, as applicable. If
743 a fee owner or a fee owner’s contractor retains a private
744 provider for all required plans review and building inspection
745 services, the local enforcement agency must reduce the total
746 permit fee by at least 50 percent of the amount otherwise
747 charged for such services. If a local enforcement agency does
748 not reduce such fee by at least the percentages provided in this
749 paragraph, the local enforcement agency forfeits the ability to
750 collect any fees for the commercial construction project. The
751 surcharge required by s. 553.721 must be calculated based on the
752 reduced permit fee. This paragraph does not prohibit a local
753 enforcement agency from reducing its fees in excess of the
754 percentages provided in this paragraph.
755 (e) A local government or local building official may not
756 require additional forms beyond those required at registration,
757 except for the written notice required under subsection (5), if
758 a fee owner or the fee owner’s contractor uses a private
759 provider.
760 (3) A private provider and any duly authorized
761 representative may only perform building code inspection
762 services that are within the disciplines covered by that
763 person’s licensure or certification under chapter 468, chapter
764 471, or chapter 481, including single-trade inspections. A
765 private provider may not provide building code inspection
766 services pursuant to this section upon any building designed or
767 constructed by the private provider or the private provider’s
768 firm.
769 (4) A local enforcement agency shall create a registration
770 system for private providers and private provider firms working
771 in the local enforcement agency’s jurisdiction. The local
772 enforcement agency shall establish a method to register and
773 update registration information electronically. The local
774 enforcement agency may not charge an administrative fee for
775 registration or updates to a registration. The private provider
776 or private provider firm shall provide its contact information
777 and verify compliance with the licensure requirements of
778 paragraph (1)(n) or paragraph (1)(o), as applicable, and the
779 insurance requirements of subsection (20). The private provider
780 or private provider firm shall register with the local
781 enforcement agency in the jurisdiction in which the provider or
782 firm is working before contracting to provide services in such
783 jurisdiction. The private provider or private provider firm must
784 update its registration within 5 business days after any change
785 to the provider’s or firm’s contact information, licensure, or
786 insurance coverage.
787 (5)(4) A fee owner or the fee owner’s contractor using a
788 private provider to provide building code inspection services
789 shall notify the local building official in writing at the time
790 of permit application, or by 2 p.m. local time, 2 business days
791 before the first scheduled inspection by the local building
792 official or building code enforcement agency that a private
793 provider has been contracted to perform the required inspections
794 of construction under this section, including single-trade
795 inspections, on a form to be adopted by the commission. The
796 local enforcement agency may not alter the form. Such This
797 notice must shall include the following information:
798 (a) The services to be performed by the private provider.
799 (b) The name, firm, address, telephone number, and e-mail
800 address of each private provider who is performing or will
801 perform such services, his or her professional license or
802 certification number, qualification statements or resumes, and,
803 if required by the local building official, a certificate of
804 insurance demonstrating that professional liability insurance
805 coverage is in place for the private provider’s firm, the
806 private provider, and any duly authorized representative in the
807 amounts required by this section.
808 (c) An acknowledgment from the fee owner or the fee owner’s
809 contractor in substantially the following form:
810
811 I have elected to use one or more private providers to
812 provide building code plans review and/or inspection
813 services on the building or structure that is the
814 subject of the enclosed permit application, as
815 authorized by s. 553.791, Florida Statutes. I
816 understand that the local building official may not
817 review the plans submitted or perform the required
818 building inspections to determine compliance with the
819 applicable codes, except to the extent specified in
820 said law. Instead, plans review and/or required
821 building inspections will be performed by licensed or
822 certified personnel identified in the application. The
823 law requires minimum insurance requirements for such
824 personnel, but I understand that I may require more
825 insurance to protect my interests. By executing this
826 form, I acknowledge that I have made inquiry regarding
827 the competence of the licensed or certified personnel
828 and the level of their insurance and am satisfied that
829 my interests are adequately protected. I agree to
830 indemnify, defend, and hold harmless the local
831 government, the local building official, and their
832 building code enforcement personnel from any and all
833 claims arising from my use of these licensed or
834 certified personnel to perform building code
835 inspection services with respect to the building or
836 structure that is the subject of the enclosed permit
837 application.
838
839 If the fee owner or the fee owner’s contractor makes any changes
840 to the listed private providers or the services to be provided
841 by those private providers, the fee owner or the fee owner’s
842 contractor must shall, within 1 business day after any change or
843 within 2 business days before the next scheduled inspection,
844 update the notice to reflect such changes. A change of a duly
845 authorized representative named in the permit application does
846 not require a revision of the permit, and the building code
847 enforcement agency may shall not charge a fee for making the
848 change.
849 (6)(5) After construction has commenced and if either the
850 local building official is unable to provide inspection services
851 in a timely manner or the work subject to inspection is related
852 to a single-trade inspection for a single-family or two-family
853 dwelling, the fee owner or the fee owner’s contractor may elect
854 to use a private provider to provide inspection services for a
855 single-trade inspection for a single-family or two-family
856 dwelling by notifying the local building official of the owner’s
857 or contractor’s intention to do so by 2 p.m. local time, 2
858 business days before the next scheduled inspection using the
859 notice provided for in paragraphs (5)(a)-(c) (4)(a)-(c).
860 (7)(6) A private provider performing plans review under
861 this section shall review the plans to determine compliance with
862 the applicable codes. For single-trade plans reviews, a private
863 provider may use an automated or software-based plans review
864 system designed to determine compliance with one or more
865 applicable codes, including, but not limited to, the National
866 Electrical Code and the Florida Building Code. Upon determining
867 that the plans reviewed comply with the applicable codes, the
868 private provider shall prepare an affidavit or affidavits
869 certifying, under oath, that the following is true and correct
870 to the best of the private provider’s knowledge and belief:
871 (a) The plans were reviewed by the affiant, who is duly
872 authorized to perform plans review pursuant to this section and
873 holds the appropriate license or certificate.
874 (b) The plans comply with the applicable codes.
875
876 Such affidavit may bear a written or electronic signature and
877 may be submitted electronically to the local building official.
878 A local enforcement agency must accept electronically submitted
879 affidavits.
880 (8)(a) The local building official may not review plans,
881 construction drawings, or any other related documents determined
882 by a private provider to be compliant with the applicable codes
883 except to the extent necessary to determine compliance with
884 local ordinances, floodplain management regulations, site review
885 requirements, and any other administrative or life safety review
886 unrelated to building code compliance.
887 (b) The local building official may review other forms and
888 documents required under this section for completeness only. The
889 local building official must provide written notice to a permit
890 applicant of any incomplete forms or documents required under
891 this section no later than 10 days after receipt of a permit
892 application or, if the permit application is related to a
893 single-trade plans review for a single-family or two-family
894 dwelling, no later than 5 business days after receipt of a
895 permit application, and an affidavit from the private provider
896 as required in subsection (7). The written notice must state
897 with specificity which forms or documents are incomplete.
898 (7)(a) No more than 20 business days, or if the permit
899 application is related to a single-trade plans review for a
900 single-family or two-family dwelling, no more than 5 business
901 days, after receipt of a permit application and the affidavit
902 from the private provider required pursuant to subsection (6),
903 the local building official shall issue the requested permit or
904 provide a written notice to the permit applicant identifying the
905 specific plan features that do not comply with the applicable
906 codes, as well as the specific code chapters and sections. If
907 the local building official does not provide such a written
908 notice of the plan deficiencies within the prescribed time
909 period, the permit application must be deemed approved as a
910 matter of law, and the permit must be issued by the local
911 building official on the next business day.
912 (c)(b) If the local building official provides a written
913 notice of plan deficiencies to the permit applicant of any
914 incomplete forms or documents required under this section at the
915 time of plan submission within the prescribed time period, such
916 the time period is tolled pending resolution of the matter. To
917 resolve the issues raised in the notice plan deficiencies, the
918 permit applicant may elect to dispute the issues deficiencies
919 pursuant to subsection (17) (15) or to submit revisions to
920 correct the issues deficiencies.
921 (d)(c) If the permit applicant submits revisions, the local
922 building official has the remainder of the tolled 10-day or 5
923 day time period plus 5 business days after the date of
924 resubmittal to issue the requested permit or to provide a second
925 written notice to the permit applicant stating which of the
926 previously identified forms or documents plan features remain
927 incomplete in noncompliance with the applicable codes, with
928 specific reference to the relevant code chapters and sections.
929 Any subsequent review by the local building official is limited
930 to the issues deficiencies cited in the original written notice.
931 If the local building official does not provide the second
932 written notice within the prescribed time period, the permit
933 must be deemed approved as a matter of law, and the local
934 building official must issue the permit on the next business
935 day.
936 (e)(d) If the local building official provides a second
937 written notice of plan deficiencies to the permit applicant
938 within the prescribed time period, the permit applicant may
939 elect to dispute the issues raised in the second notice
940 deficiencies pursuant to subsection (17) (15) or to submit
941 additional revisions to correct the issues deficiencies. For all
942 revisions submitted after the first revision, the local building
943 official has an additional 5 business days after the date of
944 resubmittal to issue the requested permit or to provide a
945 written notice to the permit applicant stating which of the
946 previously identified forms or documents plan features remain
947 incomplete. If the local building official does not provide the
948 notice within the prescribed time period, the permit is deemed
949 approved as a matter of law, and the local building official
950 must issue the permit on the next business day in noncompliance
951 with the applicable codes, with specific reference to the
952 relevant code chapters and sections.
953 (9)(8) A private provider performing required inspections
954 under this section shall inspect each phase of construction as
955 required by the applicable codes. Such inspection, including a
956 single-trade inspection, may be performed in person or
957 virtually. The private provider may have a duly authorized
958 representative perform the required inspections, provided all
959 required reports are prepared by and bear the written or
960 electronic signature of the private provider or the private
961 provider’s duly authorized representative. The duly authorized
962 representative must be an employee of the private provider
963 entitled to receive reemployment assistance benefits under
964 chapter 443. The contractor’s contractual or legal obligations
965 are not relieved by any action of the private provider.
966 (10)(9) A private provider performing required inspections
967 under this section shall provide notice to the local building
968 official of the approximate date and time of any such
969 inspection. The local building official may not prohibit the
970 private provider from performing any inspection outside the
971 local building official’s normal operating hours, including
972 after hours, weekends, or holidays. The local building official
973 may visit the building site as often as necessary to verify that
974 the private provider is performing all required inspections. A
975 deficiency notice must be posted by the private provider, the
976 duly authorized representative of the private provider, or the
977 building department whenever a noncomplying item related to the
978 building code or the permitted documents is found. Such notice
979 may be physically posted at the job site or electronically
980 posted. After corrections are made, the item must be reinspected
981 by the private provider or the representative of the private
982 provider before being concealed. Reinspection or reaudit fees
983 shall not be charged by The local jurisdiction may not charge
984 reinspection or reaudit fees as a result of the local
985 jurisdiction’s audit inspection occurring before the performance
986 of the private provider’s inspection or for any other
987 administrative matter not involving the detection of a violation
988 of the building code or a permit requirement.
989 (11) A local enforcement agency is not responsible for the
990 regulatory administration or supervision of building code
991 inspection services performed by a private provider hired by a
992 fee owner or the fee owner’s contractor. A local enforcement
993 agency may not require additional verification of licensure or
994 insurance requirements beyond that which is required at
995 registration.
996 (12)(10) If the private provider is a person licensed as an
997 engineer under chapter 471 or an architect under chapter 481 and
998 affixes his or her professional seal to the affidavit required
999 under subsection (7) (6), the local building official must issue
1000 the requested permit or provide a written notice to the permit
1001 applicant identifying the specific plan features that do not
1002 comply with the applicable codes, as well as the specific code
1003 chapters and sections, within 10 business days after receipt of
1004 the permit application and affidavit. In such written notice,
1005 the local building official must provide with specificity the
1006 plan’s deficiencies, the reasons the permit application failed,
1007 and the applicable codes being violated. If the local building
1008 official does not provide specific written notice to the permit
1009 applicant within the prescribed 10-day period, the permit
1010 application is deemed approved as a matter of law, and the local
1011 building official must issue the permit on the next business
1012 day.
1013 (13)(11) If equipment replacements and repairs must be
1014 performed in an emergency situation, subject to the emergency
1015 permitting provisions of the Florida Building Code, a private
1016 provider may perform emergency inspection services without first
1017 notifying the local building official pursuant to subsection
1018 (9). A private provider must conduct the inspection within 3
1019 business days after being contacted to conduct an emergency
1020 inspection and must submit the inspection report to the local
1021 building official within 1 day after the inspection is
1022 completed.
1023 (14)(12) Upon completing the required inspections at each
1024 applicable phase of construction, the private provider shall
1025 record such inspections on a form provided by the commission
1026 acceptable to the local building official. The form must bear
1027 the written or electronic signature of the private provider or
1028 the private provider’s duly authorized representative. Such
1029 These inspection records must shall reflect those inspections
1030 required by the applicable codes of each phase of construction
1031 for which permitting by a local enforcement agency is required.
1032 The private provider, upon completion of the required
1033 inspection, shall post each completed inspection record,
1034 indicating pass or fail, and provide the record to the local
1035 building official within 4 2 business days. Such inspection
1036 record may be electronically posted by the private provider, or
1037 the private provider may post such inspection record physically
1038 at the project site. The private provider may electronically
1039 transmit the record to the local building official. The local
1040 building official may waive the requirement to provide a record
1041 of each inspection within 4 2 business days if the record is
1042 electronically posted or posted at the project site and all such
1043 inspection records are submitted with the certificate of
1044 compliance. Unless the records have been electronically posted
1045 or transmitted, records of all required and completed
1046 inspections must shall be maintained at the building site at all
1047 times and made available for review by the local building
1048 official. A local building official may not fail any inspection
1049 performed by a private provider for not having the inspection
1050 records at the job site if the inspection records have been
1051 electronically transmitted to the local building official within
1052 the 4-business-day requirement. The private provider shall
1053 report to the local enforcement agency any condition that poses
1054 an immediate threat to public safety and welfare.
1055 (15)(13) Upon completion of all required inspections, the
1056 private provider firm shall prepare a certificate of compliance,
1057 on a form provided by the commission acceptable to the local
1058 building official, summarizing the inspections performed and
1059 including a written representation, under oath, that the stated
1060 inspections have been performed and that, to the best of the
1061 private provider’s knowledge and belief, the building
1062 construction inspected complies with the approved plans and
1063 applicable codes. The certificate of compliance may be signed by
1064 any qualified licensed individual employed full time by the
1065 private provider firm under whose authority the inspection was
1066 completed. The statement required of the private provider must
1067 shall be substantially in the following form and must shall be
1068 signed and sealed by a private provider as established in
1069 subsection (1) or may be electronically transmitted to the local
1070 building official:
1071
1072 To the best of my knowledge and belief, the building
1073 components and site improvements outlined herein and
1074 inspected under my authority have been completed in
1075 conformance with the approved plans and the applicable
1076 codes.
1077
1078 (16)(a)(14)(a) The local building official may only perform
1079 building inspections of construction that a private provider has
1080 determined to be compliant with the applicable codes if the
1081 local building official has actual knowledge that the private
1082 provider did not perform the required inspections. If the local
1083 building official has such knowledge, the local building
1084 official must provide to the private provider written notice of
1085 the facts and circumstances upon which the local building
1086 official relied for such knowledge before performing a required
1087 inspection. The local building official may review forms and
1088 documents required under this section for completeness only. No
1089 more than 10 business days, or if the permit is related to
1090 single-family or two-family dwellings then no more than 2
1091 business days, after receipt of a request for a certificate of
1092 occupancy or certificate of completion and the applicant’s
1093 presentation of a certificate of compliance and approval of all
1094 other government approvals required by law, including the
1095 payment of all outstanding fees, the local building official
1096 shall issue the certificate of occupancy or certificate of
1097 completion or provide a notice to the applicant of any
1098 incomplete forms or documents required under this section
1099 identifying the specific deficiencies, as well as the specific
1100 code chapters and sections.
1101 (b) If the local building official does not provide notice
1102 of any incomplete forms or documents the deficiencies within the
1103 applicable time periods under paragraph (a), the request for a
1104 certificate of occupancy or certificate of completion is
1105 automatically granted and deemed issued as of the next business
1106 day. The local building official must provide the applicant with
1107 the written certificate of occupancy or certificate of
1108 completion within 10 days after it is automatically granted and
1109 issued. To resolve any identified issues deficiencies, the
1110 applicant may elect to dispute the issues deficiencies pursuant
1111 to subsection (17) (15) or to submit a corrected request for a
1112 certificate of occupancy or certificate of completion.
1113 (17)(15) If the local building official determines that the
1114 building construction or plans do not comply with the applicable
1115 codes, the official may deny the permit or request for a
1116 certificate of occupancy or certificate of completion, as
1117 appropriate, or may issue a stop-work order for the project or
1118 any portion thereof as provided by law, if the official
1119 determines that the noncompliance poses an immediate threat to
1120 public safety and welfare, subject to the following:
1121 (a) The local building official must shall be available to
1122 meet with the private provider within 2 business days to resolve
1123 any dispute after issuing a stop-work order or providing notice
1124 to the applicant denying a permit or request for a certificate
1125 of occupancy or certificate of completion.
1126 (b) If the local building official and private provider are
1127 unable to resolve the dispute, the matter must shall be referred
1128 to the local enforcement agency’s board of appeals, if one
1129 exists, which must shall consider the matter at its next
1130 scheduled meeting or sooner. Any decisions by the local
1131 enforcement agency’s board of appeals, or local building
1132 official if there is no board of appeals, may be appealed to the
1133 commission as provided by this chapter.
1134 (c) Notwithstanding any provision of this section, any
1135 decisions regarding the issuance of a building permit,
1136 certificate of occupancy, or certificate of completion may be
1137 reviewed by the local enforcement agency’s board of appeals, if
1138 one exists. Any decision by the local enforcement agency’s board
1139 of appeals, or local building official if there is no board of
1140 appeals, may be appealed to the commission as provided by this
1141 chapter, which shall consider the matter at the commission’s
1142 next scheduled meeting.
1143 (18)(16) For the purposes of this section, any notice to be
1144 provided by the local building official is shall be deemed to be
1145 provided to the person or entity when successfully transmitted
1146 to the e-mail address listed for that person or entity in the
1147 permit application or revised permit application, or, if no e
1148 mail address is stated, when actually received by that person or
1149 entity.
1150 (19)(a)(17)(a) A local enforcement agency, local building
1151 official, or local government may not adopt or enforce any laws,
1152 rules, procedures, policies, qualifications, or standards more
1153 stringent than those prescribed by this section.
1154 (b) A local enforcement agency, local building official, or
1155 local government may establish, for private providers, private
1156 provider firms, and duly authorized representatives working
1157 within that jurisdiction, a system of registration to verify
1158 compliance with the licensure requirements of paragraph (1)(n)
1159 and the insurance requirements of subsection (18).
1160 (b)(c) This section does not limit the authority of the
1161 local building official to issue a stop-work order for a
1162 building project or any portion of the project, as provided by
1163 law, if the official determines that a condition on the building
1164 site constitutes an immediate threat to public safety and
1165 welfare.
1166 (c) A local enforcement agency may not prohibit or limit
1167 private providers from using virtual inspections if a virtual
1168 inspection is not prohibited by any applicable code.
1169 (20)(18) A private provider may perform building code
1170 inspection services on a building project under this section
1171 only if the private provider maintains insurance for
1172 professional liability covering all services performed as a
1173 private provider. Such insurance must shall have minimum policy
1174 limits of $1 million per occurrence and $2 million in the
1175 aggregate for any project with a construction cost of $5 million
1176 or less and $2 million per occurrence and $4 million in the
1177 aggregate for any project with a construction cost of over $5
1178 million. Nothing in this section limits the ability of a fee
1179 owner to require additional insurance or higher policy limits.
1180 For these purposes, the term “construction cost” means the total
1181 cost of building construction as stated in the building permit
1182 application. If the private provider chooses to secure claims
1183 made coverage to fulfill this requirement, the private provider
1184 must also maintain coverage for a minimum of 5 years after
1185 subsequent to the performance of building code inspection
1186 services. The insurance required under this subsection must
1187 shall be written only by insurers authorized to do business in
1188 this state with a minimum A.M. Best’s rating of A. Before
1189 providing building code inspection services within a local
1190 building official’s jurisdiction, a private provider must
1191 provide to the local building official a certificate of
1192 insurance evidencing that the coverages required under this
1193 subsection are in force.
1194 (21)(19) When performing building code inspection services,
1195 a private provider is subject to the disciplinary guidelines of
1196 the applicable professional board with jurisdiction over his or
1197 her license or certification under chapter 468, chapter 471, or
1198 chapter 481. All private providers are shall be subject to the
1199 disciplinary guidelines of s. 468.621(1)(c)-(h). Any complaint
1200 processing, investigation, and discipline that arise out of a
1201 private provider’s performance of building code inspection
1202 services must shall be conducted by the applicable professional
1203 board.
1204 (22)(20) A local building code enforcement agency may not
1205 audit the performance of building code inspection services by
1206 private providers operating within the local jurisdiction until
1207 the agency has created standard operating private provider audit
1208 procedures for the agency’s internal inspection and review
1209 staff, which includes, at a minimum, the private provider audit
1210 purpose and scope, private provider audit criteria, an
1211 explanation of private provider audit processes and objections,
1212 and detailed findings of areas of noncompliance. Such private
1213 provider audit procedures must be publicly available online, and
1214 a printed version must be readily accessible in agency
1215 buildings. The private provider audit results of staff for the
1216 prior two quarters also must be publicly available. The agency’s
1217 audit processes must adhere to the agency’s posted standard
1218 operating audit procedures. The same private provider or private
1219 provider firm may not be audited more than four times in a year
1220 unless the local building official determines a condition of a
1221 building constitutes an immediate threat to public safety and
1222 welfare, which must be communicated in writing to the private
1223 provider or private provider firm. The private provider or
1224 private provider firm must be given notice of each audit to be
1225 performed at least 5 business days before the audit. Work on a
1226 building or structure may proceed after inspection and approval
1227 by a private provider. The work may not be delayed for
1228 completion of an inspection audit by the local building code
1229 enforcement agency.
1230 (23)(21) The local government, the local building official,
1231 and their building code enforcement personnel are shall be
1232 immune from liability to any person or party for any action or
1233 inaction by a fee owner of a building, or by a private provider
1234 or its duly authorized representative, in connection with
1235 building code inspection services as authorized in this act. The
1236 local government, local enforcement agency, local building
1237 official, and building code enforcement personnel may not
1238 prohibit or discourage the use of a private provider or a
1239 private provider firm.
1240 (24)(22) Notwithstanding any other law, a county, a
1241 municipality, a school district, or an independent special
1242 district may use a private provider or a private provider firm,
1243 or may employ a licensed building inspector as described in s.
1244 468.603 or a person who holds the same licensure or
1245 certification as a private provider, to provide building code
1246 inspection services for a public works project, an improvement,
1247 a building, or any other structure that is owned by the county,
1248 municipality, school district, or independent special district.
1249 Section 8. Paragraph (a) of subsection (1) of section
1250 553.792, Florida Statutes, is amended to read:
1251 553.792 Building permit application to local government.—
1252 (1)(a) A local government must approve, approve with
1253 conditions, or deny a building permit application after receipt
1254 of a completed and sufficient application within the following
1255 timeframes, unless the applicant waives such timeframes in
1256 writing:
1257 1. Within 5 business days after receiving a complete and
1258 sufficient application, for an applicant using a local
1259 government plans reviewer to obtain the following building
1260 permits for an existing single-family residential dwelling if
1261 the value of the work is less than $15,000: structural,
1262 accessory structure, alarm, electrical, gas, irrigation,
1263 landscaping, mechanical, plumbing, or roofing.
1264 2.1. Within 30 business days after receiving a complete and
1265 sufficient application, for an applicant using a local
1266 government plans reviewer to obtain the following building
1267 permits if the structure is less than 7,500 square feet:
1268 residential units, including a single-family residential unit or
1269 a single-family residential dwelling, accessory structure,
1270 alarm, electrical, irrigation, landscaping, mechanical,
1271 plumbing, or roofing.
1272 3.2. Within 60 business days after receiving a complete and
1273 sufficient application, for an applicant using a local
1274 government plans reviewer to obtain the following building
1275 permits if the structure is 7,500 square feet or more:
1276 residential units, including a single-family residential unit or
1277 a single-family residential dwelling, accessory structure,
1278 alarm, electrical, irrigation, landscaping, mechanical,
1279 plumbing, or roofing.
1280 4.3. Within 60 business days after receiving a complete and
1281 sufficient application, for an applicant using a local
1282 government plans reviewer to obtain the following building
1283 permits: signs or nonresidential buildings that are less than
1284 25,000 square feet.
1285 5.4. Within 60 business days after receiving a complete and
1286 sufficient application, for an applicant using a local
1287 government plans reviewer to obtain the following building
1288 permits: multifamily residential, not exceeding 50 units; site
1289 plan approvals and subdivision plats not requiring public
1290 hearing or public notice; and lot grading and site alteration.
1291 6.5. Within 12 business days after receiving a complete and
1292 sufficient application, for an applicant using a master building
1293 permit consistent with s. 553.794 to obtain a site-specific
1294 building permit.
1295 7.6. Within 10 business days after receiving a complete and
1296 sufficient application, for an applicant for a single-family
1297 residential dwelling applied for by a contractor licensed in
1298 this state on behalf of a property owner who participates in a
1299 Community Development Block Grant-Disaster Recovery program
1300 administered by the Department of Commerce, unless the permit
1301 application fails to satisfy the Florida Building Code or the
1302 enforcing agency’s laws or ordinances.
1303
1304 However, the local government may not require the waiver of the
1305 timeframes in this section as a condition precedent to reviewing
1306 an applicant’s building permit application.
1307 Section 9. Paragraph (c) is added to subsection (1) of
1308 section 720.3035, Florida Statutes, to read:
1309 720.3035 Architectural control covenants; parcel owner
1310 improvements; rights and privileges.—
1311 (1)
1312 (c) An association or any architectural, construction
1313 improvement, or other such similar committee of an association
1314 may not require a building permit to be issued by a governmental
1315 authority to a parcel owner as a prerequisite for review by the
1316 association or committee concerning the construction of
1317 structures or improvements on the parcel.
1318 Section 10. This act shall take effect July 1, 2026.