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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
1
An act relating to building permits and inspections; 2
amending s. 125.56, F.S.; providing for expiration of 3
certain building permits issued by a county; providing 4
construction; amending s. 287.056, F.S.; requiring the 5
Department of Management Services to enter into and 6
maintain state term contracts for building code 7
inspection services; creating s. 468.634, F.S.; 8
authorizing individuals to work in specified 9
positions, for a specified timeframe, if they meet 10
certain requirements; amending s. 489.129, F.S.; 11
providing that certain persons are not subject to 12
discipline for performing a job without applicable 13
permits and inspections if otherwise authorized by 14
law; amending s. 553.382, F.S.; prohibiting the 15
Department of Business and Professional Regulation 16
from denying a building permit for certain residential 17
manufactured buildings; requiring that certain housing 18
units be taxed in a certain manner; creating s. 19
553.385, F.S.; defining the terms "local government" 20
and "offsite-constructed residential dwelling"; 21
requiring that an offsite-constructed residential 22
dwelling be permitted as of right in any zoning 23
district where certain dwellings are allowed; 24
prohibiting a local government from adopting or 25
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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
enforcing a certain zoning, land use, or development 26
regulation that treats an offsite-constructed 27
residential dwelling differently or more restrictively 28
than certain dwellings in the same district; providing 29
construction; authorizing a local government to adopt 30
compatibility standards for specified architectural 31
features; prohibiting a local government from treating 32
offsite-constructed residential dwellings differently 33
than factory-built buildings based on the method or 34
location of construction; prohibiting a local 35
government from adopting or enforcing certain zoning, 36
land use, or development ordinances or regulations; 37
prohibiting local government ordinances or regulations 38
from having the effect of excluding offsite-39
constructed residential dwellings; requiring that such 40
ordinances or regulations be reasonable and uniformly 41
enforced without distinction as to type of housing; 42
providing that any such ordinance or regulation is 43
void and unenforceable as applied to offsite-44
constructed residential dwellings; amending s. 553.77, 45
F.S.; requiring the Florida Building Commission to 46
develop uniform commercial and residential building 47
permit applications by a specified date; providing 48
requirements for a uniform commercial building permit 49
application; amending s. 553.79, F.S.; providing for 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
expiration of certain building permits issued by a 51
local government; providing construction; providing 52
prohibitions for inspection fees; requiring a local 53
government to exempt certain owners and contractors 54
from building permit requirements for work valued 55
below a specified amount; providing exceptions; 56
prohibiting a construction project from being divided 57
into multiple projects for a certain purpose; 58
requiring certain owners and contractors to submit a 59
written request for exemption to the local enforcement 60
agency with specified documentation; providing that 61
local governments do not have a duty to certain 62
persons; requiring local governments to exempt certain 63
owners and contractors from requiring a building 64
permit for the installation of temporary residential 65
hurricane and flood protection walls or barriers that 66
meet certain requirements; providing an exception; 67
requiring certain owners and contractors to submit a 68
written request for exemption to the local enforcement 69
agency with specified documentation; providing that 70
local governments do not have a duty to certain 71
persons; authorizing the Florida Building Commission 72
to adopt rules; requiring certain local governments to 73
issue a building permit for the installation of 74
certain retaining walls as a whole; prohibiting such 75
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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
local governments from requiring building permits for 76
each lot or parcel under certain circumstances; 77
prohibiting a political subdivision from imposing 78
certain requirements for glazing on certain proposed 79
construction or restoration projects; providing an 80
exception; defining the terms "glazing" and "primary 81
facade"; amending s. 553.791, F.S.; revising 82
definitions and defining terms; requiring explicit 83
written authorization from a fee owner for a 84
contractor to use a private provider; requiring that 85
such authorization be submitted to the local building 86
official; deleting the requirement that a contract for 87
certain services be in writing; providing that a 88
contract for certain services does not need to be 89
submitted as part of a permit application; providing 90
requirements for reduced permit fees; prohibiting a 91
local jurisdiction from charging punitive 92
administrative fees or fees for plans review services; 93
requiring that certain documents be promptly provided 94
to certain persons; requiring local enforcement 95
agencies to reduce permit fees by specified 96
percentages under certain circumstances; providing 97
that a local enforcement agency forfeits the ability 98
to collect fees under certain circumstances; requiring 99
that a surcharge be calculated based on the reduced 100
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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
permit fee; prohibiting local governments and local 101
building officials from requiring additional forms; 102
requiring local enforcement agencies to create a 103
specified registration system that must have a method 104
to register and update registration information 105
electronically; prohibiting local enforcement agencies 106
from charging an administrative fee to register or 107
update registration information; requiring private 108
provider firms to register with the local enforcement 109
agency, provide certain information, and update their 110
registration within a specified timeframe after 111
changes occur; prohibiting local enforcement agencies 112
from altering a form adopted by the commission; 113
deleting the requirement that a private provider's 114
qualification statements or resumes be included in a 115
certain notice; deleting time restrictions for 116
electing to use a private provider; requiring local 117
enforcement agencies to accept a certain affidavit 118
electronically; providing which forms and documents a 119
local building official may review; providing notice 120
requirements; providing that certain permits are 121
deemed approved; providing that local enforcement 122
agencies are not responsible for the administration or 123
supervision of services performed by a private 124
provider; prohibiting local enforcement agencies from 125
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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
requiring additional verification of certain 126
requirements beyond that which is required at 127
registration; revising the timeframe in which certain 128
records must be provided; authorizing certain records 129
to be electronically transmitted; prohibiting local 130
building officials from failing certain inspections; 131
authorizing certain persons to sign certificates of 132
compliance; providing requirements for local building 133
officials who have knowledge that a private provider 134
failed to perform an inspection; providing that 135
virtual inspections may not be prohibited; requiring 136
certain notice before an audit; prohibiting certain 137
entities from discouraging the use of private 138
providers; authorizing certain public entities to use 139
a private provider firm or to employ a licensed 140
building inspector to provide building code inspection 141
services; amending s. 553.792, F.S.; requiring a local 142
government to make certain decisions relating to 143
certain building permits within a specified timeframe; 144
amending s. 720.3035, F.S.; prohibiting an association 145
or certain committees from requiring a building permit 146
as a prerequisite for a certain review; providing an 147
effective date. 148
149
Be It Enacted by the Legislature of the State of Florida: 150
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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
151
Section 1. Paragraph (d) of subsection (4) of section 152
125.56, Florida Statutes, is amended to read: 153
125.56 Enforcement and amendment of the Florida Building 154
Code and the Florida Fire Prevention Code; inspection fees; 155
inspectors; etc.— 156
(4) 157
(d) A county that issues building permits may send a 158
written notice of expiration, by e-mail or United States Postal 159
Service, to the owner of the property and the contractor listed 160
on the permit, no less than 30 days before a building permit is 161
set to expire. The written notice must identify the permit that 162
is set to expire and the date the permit will expire. A building 163
permit issued by a county for a single-family dwelling expires 1 164
year after the issuance of the permit or on the effective date 165
of the next edition of the Florida Building Code, whichever is 166
later. However, this paragraph does not prevent a local 167
government from extending a building permit beyond the 168
expiration date. 169
Section 2. Present subsection (4) of section 287.056, 170
Florida Statutes, is redesignated as subsection (5), and a new 171
subsection (4) is added to that section, to read: 172
287.056 Purchases from purchasing agreements and state 173
term contracts; vendor disqualification.— 174
(4) The department shall enter into and maintain one or 175
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more state term contracts with vendors for the purpose of 176
providing building code inspection services as defined in s. 177
553.791. 178
Section 3. Section 468.634, Florida Statutes, is created 179
to read: 180
468.634 Certification by endorsement during a state of 181
emergency.—Notwithstanding any other law, a person may act in 182
any of the following positions under the direction of the local 183
building official for a period of 1 year from the date of a 184
declaration of a state of emergency issued by the Governor for a 185
natural emergency, a manmade emergency, or a technological 186
emergency as those terms are defined in s. 252.34, if such 187
person has entered into a state term contract pursuant to s. 188
287.056, is qualified for such work in any state that has a 189
mutual aid agreement pursuant to s. 252.40(2), or has held a 190
valid license for such work in any state for 5 years immediately 191
before the date of the declaration: 192
(1) Building code inspector. 193
(2) Building inspector. 194
(3) Coastal construction inspector. 195
(4) Commercial electrical inspector. 196
(5) Electrical inspector. 197
(6) Mechanical inspector. 198
(7) Plumbing inspector. 199
(8) Residential electrical inspector. 200
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(9) Residential inspector. 201
(10) Plans examiner. 202
(11) Building plans examiner. 203
(12) Plumbing plans examiner. 204
(13) Mechanical plans examiner. 205
(14) Electrical plans examiner. 206
Section 4. Paragraph (o) of subsection (1) of section 207
489.129, Florida Statutes, is amended to read: 208
489.129 Disciplinary proceedings.— 209
(1) The board may take any of the following actions 210
against any certificateholder or registrant: place on probation 211
or reprimand the licensee, revoke, suspend, or deny the issuance 212
or renewal of the certificate or registration, require financial 213
restitution to a consumer for financial harm directly related to 214
a violation of a provision of this part, impose an 215
administrative fine not to exceed $10,000 per violation, require 216
continuing education, or assess costs associated with 217
investigation and prosecution, if the contractor, financially 218
responsible officer, or business organization for which the 219
contractor is a primary qualifying agent, a financially 220
responsible officer, or a secondary qualifying agent responsible 221
under s. 489.1195 is found guilty of any of the following acts: 222
(o) Proceeding on any job without obtaining applicable 223
local building department permits and inspections, unless 224
otherwise provided by law. 225
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226
For the purposes of this subsection, construction is considered 227
to be commenced when the contract is executed and the contractor 228
has accepted funds from the customer or lender. A contractor 229
does not commit a violation of this subsection when the 230
contractor relies on a building code interpretation rendered by 231
a building official or person authorized by s. 553.80 to enforce 232
the building code, absent a finding of fraud or deceit in the 233
practice of contracting, or gross negligence, repeated 234
negligence, or negligence resulting in a significant danger to 235
life or property on the part of the building official, in a 236
proceeding under chapter 120. 237
Section 5. Section 553.382, Florida Statutes, is amended 238
to read: 239
553.382 Placement of certain housing.—Notwithstanding any 240
other law or ordinance to the contrary, in order to expand the 241
availability of affordable housing in this state, any 242
residential manufactured building that is certified under this 243
chapter by the department may not be denied a building permit 244
for placement be placed on a mobile home lot in a mobile home 245
park, on a lot in a recreational vehicle park, or in a mobile 246
home condominium, cooperative, or subdivision. Any such housing 247
unit placed on a mobile home lot is a mobile home for purposes 248
of chapter 723 and, therefore, all rights, obligations, and 249
duties under chapter 723 apply, including the specifics of the 250
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prospectus. However, a housing unit subject to this section may 251
not be placed on a mobile home lot without the prior written 252
approval of the park owner. Each housing unit located on a 253
mobile home lot and subject to this section shall be taxed as a 254
mobile home under s. 320.08(11) and is subject to payments to 255
the Florida Mobile Home Relocation Fund under s. 723.06116. 256
Section 6. Section 553.385, Florida Statutes, is created 257
to read: 258
553.385 Permitting and zoning of offsite-constructed 259
residential dwellings; parity.— 260
(1) As used in this section, the term: 261
(a) "Local government" means a county or municipality. 262
(b) "Offsite-constructed residential dwelling" means a 263
manufactured building as defined in s. 553.36(13) which is 264
intended for single-family residential use, or a manufactured 265
home as defined in s. 320.01(2)(b) which is constructed in whole 266
or in part offsite and is treated as real property. 267
(2)(a) An offsite-constructed residential dwelling must be 268
permitted as of right in any zoning district where single-family 269
detached dwellings are allowed. 270
(b) A local government may not adopt or enforce any 271
zoning, land use, or development regulation that treats an 272
offsite-constructed residential dwelling differently or more 273
restrictively than a single-family site-built dwelling allowed 274
in the same district. 275
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(c) This section does not prohibit a local government from 276
applying generally applicable architectural, aesthetic, design, 277
setback, height, or bulk standards to offsite-constructed 278
residential dwellings, provided such standards apply equally to 279
site-built single-family dwellings permitted in the same 280
district. A local government may adopt compatibility standards 281
that are limited to the following architectural features: 282
1. Roof pitch. 283
2. Square footage of livable space. 284
3. Type and quality of exterior finishing materials. 285
4. Foundation enclosure. 286
5. Existence and type of attached structures. 287
6. Building setbacks, lot dimensions, and the orientation 288
of the home on the lot. 289
(d) A local government may not treat offsite-constructed 290
residential dwellings differently than factory-built buildings 291
subject to s. 553.38 based on the method or location of 292
construction. 293
(3) A local government may not adopt or enforce any 294
zoning, land use, or development ordinance or regulation that 295
conflicts with this section or s. 553.38, or that imposes 296
different or more restrictive treatment on an offsite-297
constructed residential dwelling based on its method of 298
construction or the presence of components built off site. Local 299
government ordinances or regulations may not have the effect of 300
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excluding offsite-constructed residential dwellings and must be 301
reasonable and uniformly enforced without any distinction as to 302
the type of housing. Any such ordinance or regulation is void 303
and unenforceable as applied to offsite-constructed residential 304
dwellings. 305
Section 7. Present paragraphs (b) through (m) of 306
subsection (1) of section 553.77, Florida Statutes, are 307
redesignated as paragraphs (c) through (n), respectively, a new 308
paragraph (b) is added to that subsection, and present paragraph 309
(c) of that subsection is amended, to read: 310
553.77 Specific powers of the commission.— 311
(1) The commission shall: 312
(b) By July 1, 2027, adopt by rule a uniform commercial 313
building permit application to be used statewide for commercial 314
construction projects and a uniform residential building permit 315
application to be used statewide for residential construction 316
projects. To the extent feasible, the uniform commercial 317
building permit application and the uniform residential building 318
permit application adopted by the commission must be capable of 319
integration with existing building permit software systems used 320
by local governments and must account for local amendments to 321
the Florida Building Code. 322
(d)(c) Upon written application by any substantially 323
affected person or a local enforcement agency, issue declaratory 324
statements pursuant to s. 120.565 relating to new technologies, 325
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techniques, and materials which have been tested where necessary 326
and found to meet the objectives of the Florida Building Code. 327
This paragraph does not apply to the types of products, 328
materials, devices, or methods of construction required to be 329
approved under paragraph (g) (f). 330
Section 8. Paragraphs (a), (b), (c), and (f) of subsection 331
(1) and paragraph (a) of subsection (24) of section 553.79, 332
Florida Statutes, are amended, and paragraphs (g), (h), and (i) 333
are added to subsection (1) of that section, to read: 334
553.79 Permits; applications; issuance; inspections.— 335
(1)(a) Unless otherwise provided by law, after the 336
effective date of the Florida Building Code adopted as herein 337
provided, it shall be unlawful for any person, firm, 338
corporation, or governmental entity to construct, erect, alter, 339
modify, repair, or demolish any building within this state 340
without first obtaining a permit therefor from the appropriate 341
enforcing agency or from such persons as may, by appropriate 342
resolution or regulation of the authorized state or local 343
enforcing agency, be delegated authority to issue such permits, 344
upon the payment of such reasonable fees adopted by the 345
enforcing agency. The enforcing agency is empowered to revoke 346
any such permit upon a determination by the agency that the 347
construction, erection, alteration, modification, repair, or 348
demolition of the building for which the permit was issued is in 349
violation of, or not in conformity with, the provisions of the 350
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Florida Building Code. Whenever a permit required under this 351
section is denied or revoked because the plan, or the 352
construction, erection, alteration, modification, repair, or 353
demolition of a building, is found by the local enforcing agency 354
to be not in compliance with the Florida Building Code, the 355
local enforcing agency shall identify the specific plan or 356
project features that do not comply with the applicable codes, 357
identify the specific code chapters and sections upon which the 358
finding is based, and provide this information to the permit 359
applicant. A plans reviewer or building code administrator who 360
is responsible for issuing a denial, revocation, or modification 361
request but fails to provide to the permit applicant a reason 362
for denying, revoking, or requesting a modification, based on 363
compliance with the Florida Building Code or local ordinance, is 364
subject to disciplinary action against his or her license 365
pursuant to s. 468.621(1)(i). Installation, replacement, 366
removal, or metering of any load management control device is 367
exempt from and shall not be subject to the permit process and 368
fees otherwise required by this section. 369
(b) A local enforcement agency shall post each type of 370
building permit application, as adopted by the commission, 371
including a list of all required attachments, drawings, or other 372
requirements for each type of application, on its website. A 373
local enforcement agency shall must post and update the status 374
of every received application on its website until the issuance 375
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of the building permit. A local enforcement agency shall allow 376
applicants to submit completed applications, including payments, 377
attachments, drawings, or other requirements or parts of the 378
completed permit application, must be able to be submitted 379
electronically to the appropriate building department. Accepted 380
methods of electronic submission include, but are not limited 381
to, e-mail submission of applications in Portable Document 382
Format or submission of applications through an electronic fill-383
in form available on the building department's website or 384
through a third-party submission management software. A building 385
official, at his or her discretion, may accept completed 386
applications, including payments, attachments, drawings, or 387
other requirements or parts of the completed permit application, 388
may also be submitted in person in a nonelectronic format, at 389
the discretion of the building official. 390
(c) A local government that issues building permits may 391
send a written notice of expiration, by e-mail or United States 392
Postal Service, to the owner of the property and the contractor 393
listed on the permit, no less than 30 days before a building 394
permit is set to expire. The written notice must identify the 395
permit that is set to expire and the date the permit will 396
expire. A building permit issued by a local government for a 397
single-family dwelling expires 1 year after the issuance of the 398
permit or on the effective date of the next edition of the 399
Florida Building Code, whichever is later. However, this 400
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paragraph does not prevent a local government from extending a 401
building permit beyond the expiration date. 402
(f) A local government may not require a contract between 403
a builder and an owner, any copies of such contract, or any 404
associated document, including, but not limited to, letters of 405
intent, material costs lists, labor costs, or overhead or profit 406
statements, for the issuance of a building permit or as a 407
requirement for the submission of a building permit application. 408
Inspection fees may not be based on the total cost of a project 409
and may not exceed the actual inspection costs incurred by the 410
local enforcement agency. 411
(g)1. A local government that issues building permits 412
shall exempt an owner of a single-family dwelling or the owner's 413
contractor from the requirement to obtain a building permit to 414
perform any work valued at less than $7,500 on the owner's 415
property. 416
2. The exemption under subparagraph 1. does not apply to 417
any of the following: 418
a. Work on a property that is partially or entirely 419
located in a flood hazard area as defined by the Florida 420
Building Code. 421
b. Any electrical, plumbing, structural, mechanical, or 422
gas work performed on property containing a single-family 423
dwelling. A construction project may not be divided into more 424
than one project for the purpose of evading the requirements of 425
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this paragraph. 426
3. To qualify for the exemption under subparagraph 1., the 427
owner or the owner's contractor must submit a written request 428
for exemption to the local enforcement agency with a copy of the 429
contract or other documentation demonstrating the nature and the 430
value of the work to be performed. 431
4. A local government has no legal duty to the owner, 432
contractor, or successors or assigns thereof for exempted work 433
performed under this paragraph. 434
(h)1. A local government that issues building permits 435
shall exempt an owner of a single-family dwelling or the owner's 436
contractor from the requirement to obtain a building permit for 437
the installation of temporary residential hurricane and flood 438
protection walls or barriers that meet all of the following 439
conditions: 440
a. The wall or barrier is nonhabitable and non-load-441
bearing. 442
b. The wall or barrier is installed on the residential 443
property of a single-family or two-family dwelling or townhouse. 444
c. The wall or barrier is constructed to mitigate or 445
prevent storm surge or floodwaters from entering a structure or 446
property. 447
d. The wall or barrier is installed by a contractor 448
licensed under part I of chapter 489. 449
e. The wall or barrier complies with applicable local 450
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zoning, drainage, easement, and setback requirements. 451
2. The exemption under subparagraph 1. does not apply to 452
work on a property that is partially or entirely located in a 453
flood hazard area as defined by the Florida Building Code. 454
3. To qualify for the exemption under subparagraph 1., the 455
owner or the owner's contractor must submit a written request 456
for exemption to the local enforcement agency with a copy of the 457
contract or other documentation demonstrating the nature of the 458
work to be performed. 459
4. A local government has no legal duty to the owner, 460
contractor, or successors or assigns thereof for work performed 461
under this paragraph. 462
5. The commission may adopt rules under s. 120.54 to 463
incorporate necessary standards to implement this paragraph. 464
(i) If a retaining wall spans more than one lot or parcel, 465
a local government that issues building permits must issue a 466
permit for a retaining wall for the project as a whole and may 467
not require a building permit for each lot or parcel upon which 468
a retaining wall is installed on the property of a single-family 469
or two-family residential dwelling or a townhouse. 470
(24)(a) A political subdivision of this state may not 471
adopt or enforce any ordinance or impose any building permit or 472
other development order requirement that: 473
1. Contains any building, construction, or aesthetic 474
requirement or condition that conflicts with or impairs 475
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corporate trademarks, service marks, trade dress, logos, color 476
patterns, design scheme insignia, image standards, or other 477
features of corporate branding identity on real property or 478
improvements thereon used in activities conducted under chapter 479
526 or in carrying out business activities defined as a 480
franchise by Federal Trade Commission regulations in 16 C.F.R. 481
ss. 436.1, et. seq.; or 482
2. Imposes any requirement on the design, construction, or 483
location of signage advertising the retail price of gasoline in 484
accordance with the requirements of ss. 526.111 and 526.121 485
which prevents the signage from being clearly visible and 486
legible to drivers of approaching motor vehicles from a vantage 487
point on any lane of traffic in either direction on a roadway 488
abutting the gas station premises and meets height, width, and 489
spacing standards for Series C, D, or E signs, as applicable, 490
published in the latest edition of Standard Alphabets for 491
Highway Signs published by the United States Department of 492
Commerce, Bureau of Public Roads, Office of Highway Safety; or 493
3. Imposes a glazing requirement that results in the 494
glazing of more than 15 percent of the surface area of the 495
primary facade for the first 10 feet above the ground floor for 496
a proposed new commercial or mixed-use construction or 497
restoration project, except for individually listed contributing 498
structures in a National Register of Historic Places district. 499
For purposes of this subparagraph, the term: 500
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a. "Glazing" means the installation of transparent or 501
translucent materials, including glass or similar substances, in 502
windows, doors, or storefronts. The term includes any actual or 503
faux windows to be installed on a building facade. 504
b. "Primary facade" means the single building side housing 505
the primary entrance to the building. 506
Section 9. Section 553.791, Florida Statutes, is amended 507
to read: 508
553.791 Alternative plans review and inspection.— 509
(1) As used in this section, the term: 510
(a) "Applicable codes" means the Florida Building Code and 511
any local technical amendments to the Florida Building Code but 512
does not include the applicable minimum fire prevention and 513
firesafety codes adopted pursuant to chapter 633. 514
(b) "Audit" means the process to confirm that the building 515
code inspection services have been performed by the private 516
provider, including ensuring that the required affidavit for the 517
plan review has been properly completed and submitted with the 518
permit documents and that the minimum mandatory inspections 519
required under the building code have been performed and 520
properly recorded. The local building official may not replicate 521
the plan review or inspection being performed by the private 522
provider, unless expressly authorized by this section. 523
(c) "Building" means any construction, erection, 524
alteration, demolition, or improvement of, or addition to, any 525
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structure or site work for which permitting by a local 526
enforcement agency is required. 527
(d) "Building code inspection services" means those 528
services described in s. 468.603(5) and (8) involving the review 529
of building plans as well as those services involving the review 530
of site plans and site work engineering plans or their 531
functional equivalent, to determine compliance with applicable 532
codes and those inspections required by law, conducted either in 533
person or virtually, of each phase of construction for which 534
permitting by a local enforcement agency is required to 535
determine compliance with applicable codes. 536
(e) "Deliver" or "delivery" means any method of delivery 537
used in conventional business or commercial practice, including 538
delivery by electronic transmissions such as e-mail or 539
submission through an electronic fill-in form available on the 540
building department's website or through a third-party 541
submission management software. 542
(f) "Duly authorized representative" means an agent of the 543
private provider identified in the permit application who 544
reviews plans or performs inspections as provided by this 545
section and who is licensed as an engineer under chapter 471 or 546
as an architect under chapter 481 or who holds a standard or 547
provisional certificate under part XII of chapter 468. A duly 548
authorized representative who only holds a provisional 549
certificate under part XII of chapter 468 must be under the 550
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direct supervision of a person licensed as a building code 551
administrator under part XII of chapter 468. 552
(g) "Electronic signature" means any letters, characters, 553
or symbols manifested by electronic or similar means which are 554
executed or adopted by a party with an intent to authenticate a 555
writing or record. 556
(h) "Electronic transmission" or "submitted 557
electronically" means any form or process of communication not 558
directly involving the physical transfer of paper or another 559
tangible medium which is suitable for the retention, retrieval, 560
and reproduction of information by the recipient and is 561
retrievable in paper form by the receipt through an automated 562
process. All notices, documents, and applications provided for 563
in this section may be transmitted electronically and shall have 564
the same legal effect as if physically posted or mailed. 565
(i) "Electronically posted" means providing notices of 566
decisions, results, or records, including inspection records, 567
through the use of a website or other form of electronic 568
communication used to transmit or display information. 569
(j) "Immediate threat to public safety and welfare" means 570
a building code violation that, if allowed to persist, 571
constitutes an immediate hazard that could result in death, 572
serious bodily injury, or significant property damage. This 573
paragraph does not limit the authority of the local building 574
official to issue a Notice of Corrective Action at any time 575
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during the construction of a building project or any portion of 576
such project if the official determines that a condition of the 577
building or portion thereof may constitute a hazard when the 578
building is put into use following completion as long as the 579
condition cited is shown to be in violation of the building code 580
or approved plans. 581
(k) "Local building official" means the individual within 582
the governing jurisdiction responsible for direct regulatory 583
administration or supervision of plans review, enforcement, and 584
inspection of any construction, erection, alteration, 585
demolition, or substantial improvement of, or addition to, any 586
structure for which permitting is required to indicate 587
compliance with applicable codes and includes any duly 588
authorized designee of such person. 589
(l) "Permit application" means a properly completed and 590
submitted application for the requested building or construction 591
permit, including: 592
1. The plans reviewed by the private provider, or in the 593
case of a single-trade plans review where a private provider 594
uses an automated or software-based plans review system pursuant 595
to subsection (7) (6), the information reviewed by the automated 596
or software-based plans review system to determine compliance 597
with one or more applicable codes. 598
2. The affidavit from the private provider required under 599
subsection (7) (6). 600
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3. Any applicable fees. 601
4. Any documents required by the local building official 602
to determine that the fee owner has secured all other government 603
approvals required by law. 604
(m) "Plans" means building plans, site engineering plans, 605
or site plans, or their functional equivalent, submitted by a 606
fee owner or fee owner's contractor to a private provider or 607
duly authorized representative for review. 608
(n) "Private provider" means a person licensed as a 609
building code administrator under part XII of chapter 468, as an 610
engineer under chapter 471, or as an architect under chapter 611
481. For purposes of performing inspections under this section 612
for additions and alterations that are limited to 1,000 square 613
feet or less to residential buildings, the term "private 614
provider" also includes a person who holds a standard 615
certificate under part XII of chapter 468. 616
(o) "Private provider firm" means a business organization, 617
including a corporation, partnership, business trust, or other 618
legal entity, which offers services under this chapter to the 619
public through licensees who are acting as agents, employees, 620
officers, or partners of the firm. A person who is licensed as a 621
building code administrator under part XII of chapter 468, an 622
engineer under chapter 471, or an architect under chapter 481 623
may act as a private provider for an agent, employee, or officer 624
of the private provider firm. 625
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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
(p) "Registration" means the roster of authorized private 626
provider firms held by each local enforcement agency. 627
(q)(p) "Request for certificate of occupancy or 628
certificate of completion" means a properly completed and 629
executed application for: 630
1. A certificate of occupancy or certificate of 631
completion. 632
2. A certificate of compliance from the private provider 633
required under subsection (15) (13). 634
3. Any applicable fees. 635
4. Any documents required by the local building official 636
to determine that the fee owner has secured all other government 637
approvals required by law. 638
(r)(q) "Single-trade inspection" or "single-trade plans 639
review" means any inspection or plans review focused on a single 640
construction trade, such as plumbing, mechanical, or electrical. 641
The term includes, but is not limited to, inspections or plans 642
reviews of door or window replacements; fences and block walls 643
more than 6 feet high from the top of the wall to the bottom of 644
the footing; stucco or plastering; reroofing with no structural 645
alteration; solar energy and energy storage installations or 646
alterations; HVAC replacements; ductwork or fan replacements; 647
alteration or installation of wiring, lighting, and service 648
panels; water heater changeouts; sink replacements; and 649
repiping. 650
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(s)(r) "Site work" means the portion of a construction 651
project that is not part of the building structure, including, 652
but not limited to, grading, excavation, landscape irrigation, 653
and installation of driveways. 654
(t)(s) "Stop-work order" means the issuance of any written 655
statement, written directive, or written order which states the 656
reason for the order and the conditions under which the cited 657
work will be permitted to resume. 658
(2)(a) Notwithstanding any other law or local government 659
ordinance or local policy, the fee owner of a building or 660
structure, or the fee owner's contractor upon explicit written 661
authorization from the fee owner, may choose at any time to use 662
a private provider to provide plans review or building code 663
inspection services with regard to such building or structure 664
and may make payment directly to the private provider for the 665
provision of such services. All such services shall be the 666
subject of a written contract between the private provider, or 667
the private provider's firm, and the fee owner or the fee 668
owner's contractor, upon explicit written authorization of the 669
fee owner. A copy of such written authorization must be 670
submitted to the local building official. The local enforcement 671
agency may not require the contract to be provided as part of 672
the permit application or as a condition for issuing a permit. 673
The fee owner may elect to use a private provider to provide 674
plans review or required building inspections, or both. However, 675
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if the fee owner or the fee owner's contractor uses a private 676
provider to provide plans review, the local building official, 677
in his or her discretion and pursuant to duly adopted policies 678
of the local enforcement agency, may require the fee owner or 679
the fee owner's contractor to use a private provider to also 680
provide required building inspections. 681
(b) If a fee an owner or the fee owner's contractor 682
retains a private provider for purposes of plans review or 683
building inspection services, the local jurisdiction must reduce 684
the permit fee by the amount of cost savings realized by the 685
local enforcement agency for not having to perform such 686
services. Such reduction may be calculated on a flat fee or 687
percentage basis, or any other reasonable means by which a local 688
enforcement agency assesses the cost for its plans review or 689
inspection services. The permit fee must be based on the cost 690
incurred by the local jurisdiction, including the labor cost of 691
the personnel providing such services and the clerical and 692
supervisory assistance required to comply with this section. The 693
local jurisdiction may not charge fees for plans review or 694
building inspections if the fee owner or the fee owner's 695
contractor hires a private provider to perform such services. 696
The local enforcement agency may not charge punitive 697
administrative fees when a fee owner has chosen to work with a 698
private provider; however, the local jurisdiction may charge a 699
reasonable administrative fee, which shall be based on the cost 700
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that is actually incurred, including the labor cost of the 701
personnel providing the service, by the local jurisdiction or 702
attributable to the local jurisdiction for the clerical and 703
supervisory assistance required, or both. 704
(c) If a fee an owner or the fee owner's a contractor 705
retains a private provider for purposes of plans review or 706
building inspection services, the local jurisdiction must 707
provide equal access to all permitting and inspection documents 708
and reports to the private provider, owner, and contractor if 709
such access is provided by software that protects exempt records 710
from disclosure. Access to these documents must be promptly 711
provided. 712
(d) If a fee owner or the fee owner's contractor retains a 713
private provider for purposes of plans review or building 714
inspection services for a commercial construction project, the 715
local enforcement agency must reduce the permit fee by at least 716
25 percent of the portion of the permit fee attributable to 717
plans review or building inspection services, as applicable. If 718
the fee owner or the fee owner's contractor retains a private 719
provider for all required plans review and building inspection 720
services, the local enforcement agency must reduce the total 721
permit fee by at least 50 percent of the amount otherwise 722
charged for such services. If the local enforcement agency does 723
not reduce such fee by at least the percentages provided in this 724
paragraph, the local enforcement agency forfeits the ability to 725
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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
collect any fees for the commercial construction project. The 726
surcharge required by s. 553.721 must be calculated based on the 727
amount of the reduced permit fee. This paragraph does not 728
prohibit a local enforcement agency from reducing a permit fee 729
in excess of the percentages provided in this paragraph. 730
(e) A local government or local building official may not 731
require additional forms beyond those required at registration, 732
except for the written notice required under subsection (5), if 733
a fee owner or the fee owner's contractor uses a private 734
provider. 735
(3) A private provider and any duly authorized 736
representative may only perform building code inspection 737
services that are within the disciplines covered by that 738
person's licensure or certification under chapter 468, chapter 739
471, or chapter 481, including single-trade inspections. A 740
private provider may not provide building code inspection 741
services pursuant to this section upon any building designed or 742
constructed by the private provider or the private provider's 743
firm. 744
(4) A local enforcement agency must create a registration 745
system for private providers and private provider firms working 746
in the local enforcement agency's jurisdiction. A local 747
enforcement agency must have a method to register and update 748
registration information electronically. The local enforcement 749
agency may not charge an administrative fee for registration or 750
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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
updates to a registration. The private provider or private 751
provider firm must provide its contact information and verify 752
compliance with the licensure requirements of paragraph (1)(n) 753
or paragraph (1)(o), as applicable, and the insurance 754
requirements of subsection (20). The private provider or private 755
provider firm must register with the local enforcement agency in 756
the jurisdiction in which the provider or firm is working before 757
contracting to provide services in such jurisdiction. The 758
private provider or private provider firm must update its 759
registration within 5 business days after any change to the 760
provider's or firm's contact information, licensure, or 761
insurance coverage. 762
(5)(4) A fee owner or the fee owner's contractor using a 763
private provider to provide building code inspection services 764
shall notify the local building official in writing at the time 765
of permit application, or by 2 p.m. local time, 2 business days 766
before the first scheduled inspection by the local building 767
official or building code enforcement agency that a private 768
provider has been contracted to perform the required inspections 769
of construction under this section, including single-trade 770
inspections, on a form to be adopted by the commission. The 771
local enforcement agency may not alter the form. This notice 772
must shall include the following information: 773
(a) The services to be performed by the private provider. 774
(b) The name, firm, address, telephone number, and e-mail 775
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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
address of each private provider who is performing or will 776
perform such services, his or her professional license or 777
certification number, qualification statements or resumes, and, 778
if required by the local building official, a certificate of 779
insurance demonstrating that professional liability insurance 780
coverage is in place for the private provider's firm, the 781
private provider, and any duly authorized representative in the 782
amounts required by this section. 783
(c) An acknowledgment from the fee owner or the fee 784
owner's contractor in substantially the following form: 785
786
I have elected to use one or more private providers to 787
provide building code plans review and/or inspection 788
services on the building or structure that is the 789
subject of the enclosed permit application, as 790
authorized by s. 553.791, Florida Statutes. I 791
understand that the local building official may not 792
review the plans submitted or perform the required 793
building inspections to determine compliance with the 794
applicable codes, except to the extent specified in 795
said law. Instead, plans review and/or required 796
building inspections will be performed by licensed or 797
certified personnel identified in the application. The 798
law requires minimum insurance requirements for such 799
personnel, but I understand that I may require more 800
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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
insurance to protect my interests. By executing this 801
form, I acknowledge that I have made inquiry regarding 802
the competence of the licensed or certified personnel 803
and the level of their insurance and am satisfied that 804
my interests are adequately protected. I agree to 805
indemnify, defend, and hold harmless the local 806
government, the local building official, and their 807
building code enforcement personnel from any and all 808
claims arising from my use of these licensed or 809
certified personnel to perform building code 810
inspection services with respect to the building or 811
structure that is the subject of the enclosed permit 812
application. 813
814
If the fee owner or the fee owner's contractor makes any changes 815
to the listed private providers or the services to be provided 816
by those private providers, the fee owner or the fee owner's 817
contractor shall, within 1 business day after any change or 818
within 2 business days before the next scheduled inspection, 819
update the notice to reflect such changes. A change of a duly 820
authorized representative named in the permit application does 821
not require a revision of the permit, and the building code 822
enforcement agency shall not charge a fee for making the change. 823
(6)(5) After construction has commenced and if either the 824
local building official is unable to provide inspection services 825
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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
in a timely manner or the work subject to inspection is related 826
to a single-trade inspection for a single-family or two-family 827
dwelling, the fee owner or the fee owner's contractor may elect 828
to use a private provider to provide inspection services for a 829
single-trade inspection for a single-family or two-family 830
dwelling by notifying the local building official of the owner's 831
or contractor's intention to do so by 2 p.m. local time, 2 832
business days before the next scheduled inspection using the 833
notice provided for in paragraphs (5)(a), (b), and (c) (4)(a)-834
(c). 835
(7)(6) A private provider performing plans review under 836
this section shall review the plans to determine compliance with 837
the applicable codes. For single-trade plans reviews, a private 838
provider may use an automated or software-based plans review 839
system designed to determine compliance with one or more 840
applicable codes, including, but not limited to, the National 841
Electrical Code and the Florida Building Code. Upon determining 842
that the plans reviewed comply with the applicable codes, the 843
private provider shall prepare an affidavit or affidavits 844
certifying, under oath, that the following is true and correct 845
to the best of the private provider's knowledge and belief: 846
(a) The plans were reviewed by the affiant, who is duly 847
authorized to perform plans review pursuant to this section and 848
holds the appropriate license or certificate. 849
(b) The plans comply with the applicable codes. 850
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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
851
Such affidavit may bear a written or electronic signature and 852
may be submitted electronically to the local building official. 853
A local enforcement agency must accept electronically submitted 854
affidavits. 855
(8)(a) The local building official may not review plans, 856
construction drawings, or any other related documents determined 857
by a private provider to be compliant with the applicable codes, 858
except to the extent necessary to determine compliance with 859
local ordinances, floodplain management regulations, site review 860
requirements, and any other administrative or life-safety review 861
unrelated to building code compliance. 862
(b) The local building official may review other forms and 863
documents required under this section for completeness only. The 864
local building official must provide written notice to a permit 865
applicant of any incomplete forms or documents required under 866
this section no later than 10 business days after receipt of a 867
permit application or, if the permit application is relating to 868
a single-trade plans review for a single-family or two-family 869
dwelling, no later than 5 business days after receipt of a 870
permit application, and an affidavit from the private provider 871
as required in subsection (7). The written notice must state 872
with specificity which forms or documents are incomplete. 873
(7)(a) No more than 20 business days, or if the permit 874
application is related to a single-trade plans review for a 875
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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
single-family or two-family dwelling, no more than 5 business 876
days, after receipt of a permit application and the affidavit 877
from the private provider required pursuant to subsection (6), 878
the local building official shall issue the requested permit or 879
provide a written notice to the permit applicant identifying the 880
specific plan features that do not comply with the applicable 881
codes, as well as the specific code chapters and sections. If 882
the local building official does not provide such a written 883
notice of the plan deficiencies within the prescribed time 884
period, the permit application must be deemed approved as a 885
matter of law, and the permit must be issued by the local 886
building official on the next business day. 887
(c)(b) If the local building official provides a written 888
notice of plan deficiencies to the permit applicant of any 889
incomplete forms or documents required under this section at the 890
time of plan submission within the prescribed time period, such 891
the time period is tolled pending resolution of the matter. To 892
resolve the issues raised in the notice plan deficiencies, the 893
permit applicant may elect to dispute the issues deficiencies 894
pursuant to subsection (17) (15) or to submit revisions to 895
correct the issues deficiencies. 896
(d)(c) If the permit applicant submits revisions, the 897
local building official has the remainder of the tolled 10-day 898
or 5-day time period plus 5 business days after the date of 899
resubmittal to issue the requested permit or to provide a second 900
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written notice to the permit applicant stating which of the 901
previously identified forms or documents plan features remain 902
incomplete in noncompliance with the applicable codes, with 903
specific reference to the relevant code chapters and sections. 904
Any subsequent review by the local building official is limited 905
to the issues deficiencies cited in the original written notice. 906
If the local building official does not provide the second 907
written notice within the prescribed time period, the permit 908
must be deemed approved as a matter of law, and the local 909
building official must issue the permit on the next business 910
day. 911
(e)(d) If the local building official provides a second 912
written notice of plan deficiencies to the permit applicant 913
within the prescribed time period, the permit applicant may 914
elect to dispute the issues raised in the second notice 915
deficiencies pursuant to subsection (17) (15) or to submit 916
additional revisions to correct the issues deficiencies. For all 917
revisions submitted after the first revision, the local building 918
official has an additional 5 business days after the date of 919
resubmittal to issue the requested permit or to provide a 920
written notice to the permit applicant stating which of the 921
previously identified forms or documents plan features remain 922
incomplete. If the local building official does not provide the 923
notice within the prescribed time period, the permit must be 924
deemed approved as a matter of law, and the local building 925
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official must issue the permit on the next business day in 926
noncompliance with the applicable codes, with specific reference 927
to the relevant code chapters and sections. 928
(9)(8) A private provider performing required inspections 929
under this section shall inspect each phase of construction as 930
required by the applicable codes. Such inspection, including a 931
single-trade inspection, may be performed in person or 932
virtually. The private provider may have a duly authorized 933
representative perform the required inspections, provided all 934
required reports are prepared by and bear the written or 935
electronic signature of the private provider or the private 936
provider's duly authorized representative. The duly authorized 937
representative must be an employee of the private provider 938
entitled to receive reemployment assistance benefits under 939
chapter 443. The contractor's contractual or legal obligations 940
are not relieved by any action of the private provider. 941
(10)(9) A private provider performing required inspections 942
under this section shall provide notice to the local building 943
official of the approximate date and time of any such 944
inspection. The local building official may not prohibit the 945
private provider from performing any inspection outside the 946
local building official's normal operating hours, including 947
after hours, weekends, or holidays. The local building official 948
may visit the building site as often as necessary to verify that 949
the private provider is performing all required inspections. A 950
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deficiency notice must be posted by the private provider, the 951
duly authorized representative of the private provider, or the 952
building department whenever a noncomplying item related to the 953
building code or the permitted documents is found. Such notice 954
may be physically posted at the job site or electronically 955
posted. After corrections are made, the item must be reinspected 956
by the private provider or the representative of the private 957
provider before being concealed. Reinspection or reaudit fees 958
shall not be charged by The local jurisdiction may not charge 959
reinspection or reaudit fees as a result of the local 960
jurisdiction's audit inspection occurring before the performance 961
of the private provider's inspection or for any other 962
administrative matter not involving the detection of a violation 963
of the building code or a permit requirement. 964
(11) A local enforcement agency is not responsible for the 965
regulatory administration or supervision of building code 966
inspection services performed by a private provider hired by a 967
fee owner or the fee owner's contractor. A local enforcement 968
agency may not require additional verification of licensure or 969
insurance requirements beyond that which is required at 970
registration. 971
(12)(10) If the private provider is a person licensed as 972
an engineer under chapter 471 or an architect under chapter 481 973
and affixes his or her professional seal to the affidavit 974
required under subsection (7) (6), the local building official 975
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must issue the requested permit or provide a written notice to 976
the permit applicant identifying the specific plan features that 977
do not comply with the applicable codes, as well as the specific 978
code chapters and sections, within 10 business days after 979
receipt of the permit application and affidavit. In such written 980
notice, the local building official must provide with 981
specificity the plan's deficiencies, the reasons the permit 982
application failed, and the applicable codes being violated. If 983
the local building official does not provide specific written 984
notice to the permit applicant within the prescribed 10-day 985
period, the permit application is deemed approved as a matter of 986
law, and the local building official must issue the permit on 987
the next business day. 988
(13)(11) If equipment replacements and repairs must be 989
performed in an emergency situation, subject to the emergency 990
permitting provisions of the Florida Building Code, a private 991
provider may perform emergency inspection services without first 992
notifying the local building official pursuant to subsection 993
(9). A private provider must conduct the inspection within 3 994
business days after being contacted to conduct an emergency 995
inspection and must submit the inspection report to the local 996
building official within 1 day after the inspection is 997
completed. 998
(14)(12) Upon completing the required inspections at each 999
applicable phase of construction, the private provider shall 1000
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record such inspections on a form provided by the commission 1001
acceptable to the local building official. The form must bear 1002
the written or electronic signature of the private provider or 1003
the private provider's duly authorized representative. These 1004
inspection records must shall reflect those inspections required 1005
by the applicable codes of each phase of construction for which 1006
permitting by a local enforcement agency is required. The 1007
private provider, upon completion of the required inspection, 1008
shall post each completed inspection record, indicating pass or 1009
fail, and provide the record to the local building official 1010
within 4 2 business days. Such inspection record may be 1011
electronically posted by the private provider, or the private 1012
provider may post such inspection record physically at the 1013
project site. The private provider may electronically transmit 1014
the record to the local building official. The local building 1015
official may waive the requirement to provide a record of each 1016
inspection within 4 2 business days if the record is 1017
electronically posted or transmitted or posted at the project 1018
site and all such inspection records are submitted with the 1019
certificate of compliance. Unless the records have been 1020
electronically posted or transmitted, records of all required 1021
and completed inspections shall be maintained at the building 1022
site at all times and made available for review by the local 1023
building official. A local building official may not fail any 1024
inspection performed by a private provider for not having the 1025
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inspection records at the job site if the inspection records 1026
have been electronically transmitted to the local building 1027
official within the 4-business-day requirement. The private 1028
provider shall report to the local enforcement agency any 1029
condition that poses an immediate threat to public safety and 1030
welfare. 1031
(15)(13) Upon completion of all required inspections, the 1032
private provider firm shall prepare a certificate of compliance, 1033
on a form provided by the commission acceptable to the local 1034
building official, summarizing the inspections performed and 1035
including a written representation, under oath, that the stated 1036
inspections have been performed and that, to the best of the 1037
private provider's knowledge and belief, the building 1038
construction inspected complies with the approved plans and 1039
applicable codes. The certificate of compliance may be signed by 1040
any qualified licensed individual employed full time by the 1041
private provider firm under whose authority the inspection was 1042
completed. The statement required of the private provider shall 1043
be substantially in the following form and shall be signed and 1044
sealed by a private provider as established in subsection (1) or 1045
may be electronically transmitted to the local building 1046
official: 1047
1048
To the best of my knowledge and belief, the building 1049
components and site improvements outlined herein and 1050
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inspected under my authority have been completed in 1051
conformance with the approved plans and the applicable 1052
codes. 1053
1054
(16)(a)(14)(a) The local building official may only 1055
perform building inspections of construction that a private 1056
provider has determined to be compliant with the applicable 1057
codes if the local building official has knowledge that the 1058
private provider did not perform the required inspections. If 1059
the local building official has such knowledge, the local 1060
building official must provide to the private provider written 1061
notice of the facts and circumstances upon which the local 1062
building official relied for such knowledge before performing a 1063
required inspection. The local building official may review 1064
forms and documents required under this section for completeness 1065
only. No more than 10 business days, or if the permit is related 1066
to single-family or two-family dwellings then no more than 2 1067
business days, after receipt of a request for a certificate of 1068
occupancy or certificate of completion and the applicant's 1069
presentation of a certificate of compliance and approval of all 1070
other government approvals required by law, including the 1071
payment of all outstanding fees, the local building official 1072
shall issue the certificate of occupancy or certificate of 1073
completion or provide a notice to the applicant of any 1074
incomplete forms or documents required under this section 1075
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identifying the specific deficiencies, as well as the specific 1076
code chapters and sections. 1077
(b) If the local building official does not provide notice 1078
of any incomplete forms or documents the deficiencies within the 1079
applicable time periods under paragraph (a), the request for a 1080
certificate of occupancy or certificate of completion is 1081
automatically granted and deemed issued as of the next business 1082
day. The local building official must provide the applicant with 1083
the written certificate of occupancy or certificate of 1084
completion within 10 days after it is automatically granted and 1085
issued. To resolve any identified issues deficiencies, the 1086
applicant may elect to dispute the issues deficiencies pursuant 1087
to subsection (17) (15) or to submit a corrected request for a 1088
certificate of occupancy or certificate of completion. 1089
(17)(15) If the local building official determines that 1090
the building construction or plans do not comply with the 1091
applicable codes, the official may deny the permit or request 1092
for a certificate of occupancy or certificate of completion, as 1093
appropriate, or may issue a stop-work order for the project or 1094
any portion thereof as provided by law, if the official 1095
determines that the noncompliance poses an immediate threat to 1096
public safety and welfare, subject to the following: 1097
(a) The local building official shall be available to meet 1098
with the private provider within 2 business days to resolve any 1099
dispute after issuing a stop-work order or providing notice to 1100
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the applicant denying a permit or request for a certificate of 1101
occupancy or certificate of completion. 1102
(b) If the local building official and private provider 1103
are unable to resolve the dispute, the matter shall be referred 1104
to the local enforcement agency's board of appeals, if one 1105
exists, which shall consider the matter at its next scheduled 1106
meeting or sooner. Any decisions by the local enforcement 1107
agency's board of appeals, or local building official if there 1108
is no board of appeals, may be appealed to the commission as 1109
provided by this chapter. 1110
(c) Notwithstanding any provision of this section, any 1111
decisions regarding the issuance of a building permit, 1112
certificate of occupancy, or certificate of completion may be 1113
reviewed by the local enforcement agency's board of appeals, if 1114
one exists. Any decision by the local enforcement agency's board 1115
of appeals, or local building official if there is no board of 1116
appeals, may be appealed to the commission as provided by this 1117
chapter, which shall consider the matter at the commission's 1118
next scheduled meeting. 1119
(18)(16) For the purposes of this section, any notice to 1120
be provided by the local building official shall be deemed to be 1121
provided to the person or entity when successfully transmitted 1122
to the e-mail address listed for that person or entity in the 1123
permit application or revised permit application, or, if no e-1124
mail address is stated, when actually received by that person or 1125
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entity. 1126
(19)(a)(17)(a) A local enforcement agency, local building 1127
official, or local government may not adopt or enforce any laws, 1128
rules, procedures, policies, qualifications, or standards more 1129
stringent than those prescribed by this section. 1130
(b) A local enforcement agency, local building official, 1131
or local government may establish, for private providers, 1132
private provider firms, and duly authorized representatives 1133
working within that jurisdiction, a system of registration to 1134
verify compliance with the licensure requirements of paragraph 1135
(1)(n) and the insurance requirements of subsection (18). 1136
(b)(c) This section does not limit the authority of the 1137
local building official to issue a stop-work order for a 1138
building project or any portion of the project, as provided by 1139
law, if the official determines that a condition on the building 1140
site constitutes an immediate threat to public safety and 1141
welfare. 1142
(c) A local enforcement agency may not prohibit or limit 1143
private providers from using virtual inspections if a virtual 1144
inspection is not prohibited by any applicable code. 1145
(20)(18) A private provider may perform building code 1146
inspection services on a building project under this section 1147
only if the private provider maintains insurance for 1148
professional liability covering all services performed as a 1149
private provider. Such insurance shall have minimum policy 1150
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limits of $1 million per occurrence and $2 million in the 1151
aggregate for any project with a construction cost of $5 million 1152
or less and $2 million per occurrence and $4 million in the 1153
aggregate for any project with a construction cost of over $5 1154
million. Nothing in this section limits the ability of a fee 1155
owner to require additional insurance or higher policy limits. 1156
For these purposes, the term "construction cost" means the total 1157
cost of building construction as stated in the building permit 1158
application. If the private provider chooses to secure claims-1159
made coverage to fulfill this requirement, the private provider 1160
must also maintain coverage for a minimum of 5 years after 1161
subsequent to the performance of building code inspection 1162
services. The insurance required under this subsection shall be 1163
written only by insurers authorized to do business in this state 1164
with a minimum A.M. Best's rating of A. Before providing 1165
building code inspection services within a local building 1166
official's jurisdiction, a private provider must provide to the 1167
local building official a certificate of insurance evidencing 1168
that the coverages required under this subsection are in force. 1169
(21)(19) When performing building code inspection 1170
services, a private provider is subject to the disciplinary 1171
guidelines of the applicable professional board with 1172
jurisdiction over his or her license or certification under 1173
chapter 468, chapter 471, or chapter 481. All private providers 1174
shall be subject to the disciplinary guidelines of s. 1175
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468.621(1)(c)-(h). Any complaint processing, investigation, and 1176
discipline that arise out of a private provider's performance of 1177
building code inspection services shall be conducted by the 1178
applicable professional board. 1179
(22)(20) A local building code enforcement agency may not 1180
audit the performance of building code inspection services by 1181
private providers operating within the local jurisdiction until 1182
the agency has created standard operating private provider audit 1183
procedures for the agency's internal inspection and review 1184
staff, which includes, at a minimum, the private provider audit 1185
purpose and scope, private provider audit criteria, an 1186
explanation of private provider audit processes and objections, 1187
and detailed findings of areas of noncompliance. Such private 1188
provider audit procedures must be publicly available online, and 1189
a printed version must be readily accessible in agency 1190
buildings. The private provider audit results of staff for the 1191
prior two quarters also must be publicly available. The agency's 1192
audit processes must adhere to the agency's posted standard 1193
operating audit procedures. The same private provider or private 1194
provider firm may not be audited more than four times in a year 1195
unless the local building official determines a condition of a 1196
building constitutes an immediate threat to public safety and 1197
welfare, which must be communicated in writing to the private 1198
provider or private provider firm. The private provider or 1199
private provider firm must be given notice of each audit to be 1200
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performed at least 5 business days before the audit. Work on a 1201
building or structure may proceed after inspection and approval 1202
by a private provider. The work may not be delayed for 1203
completion of an inspection audit by the local building code 1204
enforcement agency. 1205
(23)(21) The local government, the local building 1206
official, and their building code enforcement personnel shall be 1207
immune from liability to any person or party for any action or 1208
inaction by a fee owner of a building, or by a private provider 1209
or its duly authorized representative, in connection with 1210
building code inspection services as authorized in this act. The 1211
local government, local enforcement agency, local building 1212
official, and building code enforcement personnel may not 1213
prohibit or discourage the use of a private provider or a 1214
private provider firm. 1215
(24)(22) Notwithstanding any other law, a county, a 1216
municipality, a school district, or an independent special 1217
district may use a private provider or a private provider firm, 1218
or may employ a licensed building inspector as described in s. 1219
468.603(5)(a) or a person who holds the same licensure or 1220
certification as a private provider, to provide building code 1221
inspection services for a public works project, an improvement, 1222
a building, or any other structure that is owned by the county, 1223
municipality, school district, or independent special district. 1224
Section 10. Paragraph (a) of subsection (1) of section 1225
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553.792, Florida Statutes, is amended to read: 1226
553.792 Building permit application to local government.— 1227
(1)(a) A local government must approve, approve with 1228
conditions, or deny a building permit application after receipt 1229
of a completed and sufficient application within the following 1230
timeframes, unless the applicant waives such timeframes in 1231
writing: 1232
1. Within 5 business days after receiving a complete and 1233
sufficient application, for an applicant using a local 1234
government plans reviewer to obtain the following building 1235
permits for an existing single-family residential dwelling if 1236
the value of the work is less than $15,000: structural, 1237
accessory structure, alarm, electrical, gas, irrigation, 1238
landscaping, mechanical, plumbing, or roofing. 1239
2.1. Within 30 business days after receiving a complete 1240
and sufficient application, for an applicant using a local 1241
government plans reviewer to obtain the following building 1242
permits if the structure is less than 7,500 square feet: 1243
residential units, including a single-family residential unit or 1244
a single-family residential dwelling, accessory structure, 1245
alarm, electrical, irrigation, landscaping, mechanical, 1246
plumbing, or roofing. 1247
3.2. Within 60 business days after receiving a complete 1248
and sufficient application, for an applicant using a local 1249
government plans reviewer to obtain the following building 1250
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permits if the structure is 7,500 square feet or more: 1251
residential units, including a single-family residential unit or 1252
a single-family residential dwelling, accessory structure, 1253
alarm, electrical, irrigation, landscaping, mechanical, 1254
plumbing, or roofing. 1255
4.3. Within 60 business days after receiving a complete 1256
and sufficient application, for an applicant using a local 1257
government plans reviewer to obtain the following building 1258
permits: signs or nonresidential buildings that are less than 1259
25,000 square feet. 1260
5.4. Within 60 business days after receiving a complete 1261
and sufficient application, for an applicant using a local 1262
government plans reviewer to obtain the following building 1263
permits: multifamily residential, not exceeding 50 units; site-1264
plan approvals and subdivision plats not requiring public 1265
hearing or public notice; and lot grading and site alteration. 1266
6.5. Within 12 business days after receiving a complete 1267
and sufficient application, for an applicant using a master 1268
building permit consistent with s. 553.794 to obtain a site-1269
specific building permit. 1270
7.6. Within 10 business days after receiving a complete 1271
and sufficient application, for an applicant for a single-family 1272
residential dwelling applied for by a contractor licensed in 1273
this state on behalf of a property owner who participates in a 1274
Community Development Block Grant-Disaster Recovery program 1275
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administered by the Department of Commerce, unless the permit 1276
application fails to satisfy the Florida Building Code or the 1277
enforcing agency's laws or ordinances. 1278
1279
However, the local government may not require the waiver of the 1280
timeframes in this section as a condition precedent to reviewing 1281
an applicant's building permit application. 1282
Section 11. Paragraph (c) is added to subsection (1) of 1283
section 720.3035, Florida Statutes, to read: 1284
720.3035 Architectural control covenants; parcel owner 1285
improvements; rights and privileges.— 1286
(1) 1287
(c) An association or any architectural, construction 1288
improvement, or other such similar committee of an association 1289
may not require a building permit to be issued by a governmental 1290
authority to a parcel owner as a prerequisite for review by the 1291
association or committee concerning the construction of 1292
structures or improvements on the parcel. 1293
Section 12. This act shall take effect July 1, 2026. 1294