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CS/CS/HB 405, Engrossed 1 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to commercial construction; amending 2
s. 255.0518, F.S.; requiring certain entities to open 3
certain sealed bids, whether in electronic or paper 4
form, at a public meeting conducted virtually or in 5
person; amending s. 255.0525, F.S.; authorizing the 6
solicitation of competitive bids or proposals for 7
certain construction projects to be advertised on a 8
publicly accessible website instead of in a newspaper; 9
creating s. 255.0994, F.S.; defining the terms 10
"governmental entity" and "public works project"; 11
prohibiting a governmental entity from enforcing 12
certain contract provisions for a public works 13
project; providing construction; providing for 14
severability; providing applicability; amending s. 15
553.71, F.S.; defining the term "commercial 16
construction project"; creating s. 553.789, F.S.; 17
requiring the Florida Building Commission to adopt by 18
rule a uniform commercial building permit application 19
for a specified purpose by a specified date; 20
specifying the information to be included in the 21
application; requiring the commission to adopt by rule 22
additional trade-specific permit application forms for 23
certain trades; requiring a local enforcement agency 24
to use and accept the applications and forms adopted 25
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by the commission; requiring local enforcement 26
agencies to adopt substantially similar forms for a 27
certain purpose; authorizing the local enforcement 28
agency to require additional documentation or plans; 29
authorizing local enforcement agencies to accept by e-30
mail the submission of certain applications and forms; 31
requiring, to the extent feasible, that certain 32
applications be capable of integrating with existing 33
systems and account for local amendments to the 34
Florida Building Code; amending s. 553.79, F.S.; 35
requiring permit fees that are imposed by a local 36
enforcement agency to be limited to the actual and 37
reasonable costs incurred in reviewing, processing, 38
and administering the permit; prohibiting such fees 39
from being based on industry standards, market rates, 40
or comparable retail pricing; requiring that such fees 41
be proportional to the work performed in reviewing, 42
processing, and administering such permits; 43
prohibiting a political subdivision from imposing 44
certain requirements for glazing on certain proposed 45
construction or restoration projects; defining the 46
terms "glazing" and "primary facade"; conforming a 47
cross-reference; amending s. 553.791, F.S.; requiring 48
a local jurisdiction to include a certain reduction in 49
permit fees on its schedule of fees posted on its 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
website; prohibiting the local jurisdiction from 51
charging fees for plans review services under certain 52
circumstances; prohibiting fees punitive in nature; 53
requiring the local jurisdiction to identify and 54
itemize the services covered by the administrative 55
fees on its website; requiring the local enforcement 56
agency to reduce the permit fee by specified 57
percentages for an owner or a contractor who retains a 58
private provider for specified purposes; providing 59
that a local enforcement agency forfeits its ability 60
to collect any fees for a commercial construction 61
project if it does not reduce its fees by such 62
specified percentages; requiring that a certain 63
surcharge be calculated based on the reduced permit 64
fee; providing construction; creating s. 553.8992, 65
F.S.; requiring the commission to review and make 66
recommendations relating to the incorporation of 67
certain standards into the Florida Building Code for 68
all new construction of commercial pools by a 69
specified date; amending ss. 497.271 and 553.902, 70
F.S.; conforming cross-references; providing an 71
effective date. 72
73
Be It Enacted by the Legislature of the State of Florida: 74
75
CS/CS/HB 405, Engrossed 1 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Subsection (1) of section 255.0518, Florida 76
Statutes, is amended to read: 77
255.0518 Public bids; bid opening.—Notwithstanding s. 78
119.071(1)(b), the state or any county or municipality thereof 79
or any department or agency of the state, county, or 80
municipality or any other public body or institution shall: 81
(1) Open, whether in electronic or paper format, When 82
opening sealed bids or the portion of any sealed bids which 83
includes that include the prices submitted that are received 84
pursuant to a competitive solicitation for construction or 85
repairs on a public building or public work, open the sealed 86
bids at a public meeting conducted in person or virtually in 87
compliance with s. 286.011. 88
Section 2. Subsection (2) of section 255.0525, Florida 89
Statutes, is amended to read: 90
255.0525 Advertising for competitive bids or proposals.— 91
(2) The solicitation of competitive bids or proposals for 92
any county, municipality, or other political subdivision 93
construction project that is projected to cost more than 94
$200,000 must shall be publicly advertised at least once in a 95
newspaper of general circulation in the county in which where 96
the project is located or on a publicly accessible website in 97
accordance with s. 50.0311 at least 21 days before prior to the 98
established bid opening and at least 5 days before prior to any 99
scheduled prebid conference. The solicitation of competitive 100
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bids or proposals for any county, municipality, or other 101
political subdivision construction project that is projected to 102
cost more than $500,000 must shall be publicly advertised at 103
least once in a newspaper of general circulation in the county 104
in which where the project is located or on a publicly 105
accessible website in accordance with s. 50.0311 at least 30 106
days before prior to the established bid opening and at least 5 107
days before prior to any scheduled prebid conference. Bids or 108
proposals must shall be received and opened at the location, 109
date, and time established in the bid or proposal advertisement. 110
In cases of emergency, the procedures required in this section 111
may be altered by the local governmental entity in any manner 112
that is reasonable under the emergency circumstances. 113
Section 3. Section 255.0994, Florida Statutes, is created 114
to read: 115
255.0994 Public works projects; unenforceability of 116
certain contract provisions regarding delays.— 117
(1) As used in this section, the term: 118
(a) "Governmental entity" has the same meaning as in s. 119
255.0993(1). 120
(b) "Public works project" has the same meaning as in s. 121
255.0992(1). 122
(2) Except as otherwise required by federal or state law, 123
a governmental entity that contracts for a public works project 124
may not take any of the following actions: 125
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(a) Enforce any contract provision that eliminates or 126
limits the contractor's right to receive compensation for 127
damages and increased costs, equitable adjustments, or time 128
extensions due to a delay in performance of the contract if the 129
delay was caused by the acts or omissions of the governmental 130
entity or any agent, employee, or person acting on behalf of the 131
governmental entity. 132
(b) Enforce any contract provision that eliminates or 133
limits the contractor's right to receive time extensions for any 134
day during which a delay caused by the acts or omissions of the 135
governmental entity or any agent, employee, or person acting on 136
behalf of the governmental entity overlaps with a delay caused 137
by the acts or omissions of the contractor or his or her 138
subcontractors, agents, or employees. 139
(3) This section may not be construed to render 140
unenforceable a provision of a contract for a public works 141
project which: 142
(a) Requires the party claiming a delay to give notice of 143
the acts or omissions giving rise to the delay; 144
(b) Allows a governmental entity to recover damages for a 145
delay if the delay was caused by the acts or omissions of the 146
contractor or his or her subcontractors, agents, or employees; 147
or 148
(c) Provides for arbitration or any other procedure 149
designed to settle contract disputes. 150
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(4) If a contract for a public works project contains a 151
provision that is unenforceable under this section, the 152
provision must be severed from the contract, and the remaining 153
provisions must remain in full force and effect. 154
(5) This section applies to any contract for a public 155
works project entered into on or after July 1, 2026. 156
Section 4. Present subsections (1) through (12) of section 157
553.71, Florida Statutes, are redesignated as subsections (2) 158
through (13), respectively, and a new subsection (1) is added to 159
that section, to read: 160
553.71 Definitions.—As used in this part, the term: 161
(1) "Commercial construction project" means the 162
construction, alteration, or repair of a building or structure 163
that is primarily intended for business, industrial, 164
institutional, or mercantile use and is not classified as 165
residential under the Florida Building Code. 166
Section 5. Section 553.789, Florida Statutes, is created 167
to read: 168
553.789 Uniform commercial building permit application.— 169
(1) By December 31, 2027, the commission shall adopt by 170
rule a uniform commercial building permit application to be used 171
statewide for commercial construction projects. The application 172
must include, at a minimum, all of the following information: 173
(a) The name and contact information of the property 174
owner. 175
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(b) The name, license number, and contact information of 176
the contractor, if known at the time of the application. 177
(c) The address and parcel identification number of the 178
construction project. 179
(d) The project type and occupancy classification under 180
the Florida Building Code. 181
(e) A description of the construction project, including 182
whether the project is new construction or an alteration, an 183
addition, or a repair. 184
(f) The total square footage and the declared value of the 185
construction project. 186
(g) The architect or engineer of record, if applicable. 187
(h) The identification of any private provider services if 188
used pursuant to s. 553.791. 189
(2) The commission shall adopt by rule additional trade-190
specific permit application forms for trades that are often 191
present on a commercial construction project, including, but not 192
limited to, electric, HVAC, plumbing, and water and sewer. 193
(3) A local enforcement agency must use and accept the 194
uniform commercial building permit application, trade-specific 195
permit applications, and other standardized forms adopted by the 196
commission. Additionally, a local enforcement agency must adopt 197
substantially similar forms for use in the local enforcement 198
agency's online software system or other electronic system that 199
is used for online permit applications. However, a local 200
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enforcement agency may require additional documentation or plans 201
reasonably necessary for the applicant to demonstrate compliance 202
with the Florida Building Code or local zoning ordinances. A 203
local enforcement agency may accept by e-mail the submission of 204
a uniform commercial building permit application, a trade-205
specific permit application, and any other standardized form 206
adopted by the commission. 207
(4) To the extent feasible, the uniform commercial 208
building permit application and trade-specific permit 209
applications adopted by the commission must be capable of 210
integration with existing building permit software systems or 211
other public-facing systems used by local governments for the 212
submission of permit applications and must account for local 213
amendments to the Florida Building Code. 214
Section 6. Paragraph (a) of subsection (5) and paragraph 215
(a) of subsection (24) of section 553.79, Florida Statutes, are 216
amended, and paragraph (g) is added to subsection (1) of that 217
section, to read: 218
553.79 Permits; applications; issuance; inspections.— 219
(1) 220
(g) Permit fees imposed by a local enforcement agency must 221
be limited to the actual and reasonable costs incurred in 222
reviewing, processing, and administering the permit and may not 223
be based on industry standards, market rates, or comparable 224
retail pricing. Such fees must be proportional to the work 225
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performed in reviewing, processing, and administering the 226
permit. 227
(5)(a) During new construction or during repair or 228
restoration projects in which the structural system or 229
structural loading of a building is being modified, the 230
enforcing agency shall require a special inspector to perform 231
structural inspections on a threshold building pursuant to a 232
structural inspection plan prepared by the engineer or architect 233
of record. The structural inspection plan must be submitted to 234
and approved by the enforcing agency before the issuance of a 235
building permit for the construction of a threshold building. 236
The purpose of the structural inspection plan is to provide 237
specific inspection procedures and schedules so that the 238
building can be adequately inspected for compliance with the 239
permitted documents. The special inspector may not serve as a 240
surrogate in carrying out the responsibilities of the building 241
official, the architect, or the engineer of record. The 242
contractor's contractual or statutory obligations are not 243
relieved by any action of the special inspector. The special 244
inspector shall determine that a professional engineer who 245
specializes in shoring design has inspected the shoring and 246
reshoring for conformance with the shoring and reshoring plans 247
submitted to the enforcing agency. A fee simple title owner of a 248
building, which does not meet the minimum size, height, 249
occupancy, occupancy classification, or number-of-stories 250
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criteria which would result in classification as a threshold 251
building as defined in s. 553.71 under s. 553.71(12), may 252
designate such building as a threshold building, subject to more 253
than the minimum number of inspections required by the Florida 254
Building Code. 255
(24)(a) A political subdivision of this state may not 256
adopt or enforce any ordinance or impose any building permit or 257
other development order requirement that: 258
1. Contains any building, construction, or aesthetic 259
requirement or condition that conflicts with or impairs 260
corporate trademarks, service marks, trade dress, logos, color 261
patterns, design scheme insignia, image standards, or other 262
features of corporate branding identity on real property or 263
improvements thereon used in activities conducted under chapter 264
526 or in carrying out business activities defined as a 265
franchise by Federal Trade Commission regulations in 16 C.F.R. 266
ss. 436.1, et. seq.; or 267
2. Imposes any requirement on the design, construction, or 268
location of signage advertising the retail price of gasoline in 269
accordance with the requirements of ss. 526.111 and 526.121 270
which prevents the signage from being clearly visible and 271
legible to drivers of approaching motor vehicles from a vantage 272
point on any lane of traffic in either direction on a roadway 273
abutting the gas station premises and meets height, width, and 274
spacing standards for Series C, D, or E signs, as applicable, 275
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published in the latest edition of Standard Alphabets for 276
Highway Signs published by the United States Department of 277
Commerce, Bureau of Public Roads, Office of Highway Safety; or 278
3. Imposes a glazing requirement that results in the 279
glazing of more than 15 percent of the surface area of the 280
primary facade for the first 10 feet above the ground floor for 281
a proposed new commercial or mixed-use construction or 282
restoration project, except for individually listed or 283
contributing structures to a National Register of Historic 284
Places district. Such glazing requirements may not be imposed or 285
enforced on any facade other than the primary facade, and such 286
glazing requirements may not be imposed or enforced on any 287
portion of the primary facade higher than the first 10 feet 288
above the ground floor. For purposes of this subparagraph, the 289
term: 290
a. "Glazing" means the installation of transparent or 291
translucent materials, including glass or similar substances, in 292
windows, doors, or storefronts. The term includes any actual or 293
faux windows to be installed to a building facade. 294
b. "Primary facade" means the single building side on 295
which the primary entrance to the building is located. 296
Section 7. Paragraph (b) of subsection (2) of section 297
553.791, Florida Statutes, is amended, and paragraph (d) is 298
added to that subsection, to read: 299
553.791 Alternative plans review and inspection.— 300
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(2) 301
(b) If an owner or contractor retains a private provider 302
for purposes of plans review or building inspection services, 303
the local jurisdiction must reduce the permit fee by the amount 304
of cost savings realized by the local enforcement agency for not 305
having to perform such services. Such reduction may be 306
calculated on a flat fee or percentage basis, or any other 307
reasonable means by which a local enforcement agency assesses 308
the cost for its plans review or inspection services. The local 309
jurisdiction must include the applicable reduction in the permit 310
fee on its schedule of fees posted on the local jurisdiction's 311
website. The local jurisdiction may not charge fees for building 312
inspections or plans review services if the fee owner or 313
contractor hires a private provider to perform such services; 314
however, the local jurisdiction may charge a reasonable 315
administrative fee, which shall be based on the cost that is 316
actually incurred, including the labor cost of the personnel 317
providing the service, by the local jurisdiction or attributable 318
to the local jurisdiction for the clerical and supervisory 319
assistance required, or both, so long as the fee is not punitive 320
in nature. The local jurisdiction must identify and itemize the 321
services covered by the administrative fees before charging a 322
fee owner or contractor such fees. 323
(d) If an owner or a contractor retains a private provider 324
for purposes of plans review or building inspection services for 325
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a commercial construction project, the local enforcement agency 326
must reduce the permit fee by at least 25 percent of the portion 327
of the permit fee attributable to plans review or building 328
inspection services, as applicable. If an owner or a contractor 329
retains a private provider for all required plans review and 330
building inspection services, the local enforcement agency must 331
reduce the total permit fee by at least 50 percent of the amount 332
otherwise charged for such services. If a local enforcement 333
agency does not reduce its fees by at least the percentages 334
provided in this paragraph, the local enforcement agency 335
forfeits the ability to collect any fees for the commercial 336
construction project. The surcharge required by s. 553.721 must 337
be calculated based on the reduced permit fee. This paragraph 338
does not prohibit a local enforcement agency from reducing its 339
fees in excess of the percentages provided in this paragraph. 340
Section 8. Section 553.8992, Florida Statutes, is created 341
to read: 342
553.8992 Recommendations for the incorporation of 343
standards into the Florida Building Code.—By December 31, 2026, 344
the commission shall review and make recommendations to 345
incorporate into the Florida Building Code pursuant to s. 346
553.73(1) standards for the adoption of sections 680.26(B)(1) 347
Conductive Pool Shells and 680.26(B)(2) Perimeter Surfaces of 348
the 2026 Edition of the National Electrical Code for all new 349
construction of commercial pools. 350
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Section 9. Subsection (3) of section 497.271, Florida 351
Statutes, is amended to read: 352
497.271 Standards for construction and significant 353
alteration or renovation of mausoleums and columbaria.— 354
(3) The licensing authority shall transmit the rules as 355
adopted under subsection (2), referred to as the "mausoleum 356
standards," to the Florida Building Commission, which shall 357
initiate rulemaking under chapter 120 to consider such mausoleum 358
standards. If such mausoleum standards are not deemed 359
acceptable, they must be returned by the Florida Building 360
Commission to the licensing authority with details of changes 361
needed to make them acceptable. If such mausoleum standards are 362
acceptable, the Florida Building Commission must adopt a rule 363
designating the mausoleum standards as an approved revision to 364
the State Minimum Building Codes under part IV of chapter 553. 365
When designated by the Florida Building Commission, such 366
mausoleum standards must shall become a required element of the 367
State Minimum Building Codes under s. 553.73(2)(a) and must 368
shall be transmitted to each local enforcement agency, as 369
defined in s. 553.71 s. 553.71(5). Such local enforcement agency 370
shall consider and inspect for compliance with such mausoleum 371
standards as if they were part of the local building code, but 372
shall have no continuing duty to inspect after final approval of 373
the construction pursuant to the local building code. Any 374
further amendments to the mausoleum standards must shall be 375
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accomplished by the same procedure. Such designated mausoleum 376
standards, as from time to time amended, must shall be a part of 377
the State Minimum Building Codes under s. 553.73 until the 378
adoption and effective date of a new statewide uniform minimum 379
building code, which may supersede the mausoleum standards as 380
provided by the law enacting the new statewide uniform minimum 381
building code. 382
Section 10. Subsection (5) of section 553.902, Florida 383
Statutes, is amended to read: 384
553.902 Definitions.—As used in this part, the term: 385
(5) "Local enforcement agency" means the agency of local 386
government which has the authority to make inspections of 387
buildings and to enforce the Florida Building Code. The term 388
includes any agency within the definition of s. 553.71(6) s. 389
553.71(5). 390
Section 11. This act shall take effect July 1, 2026. 391