CS/CS/SB 1234 full text · Session Watch

Florida Senate - 2026 CS for CS for SB 1234 By the Committees on Rules; and Regulated Industries; and Senator DiCeglie 595-03191-26 20261234c2

1 A bill to be entitled

2 An act relating to building permits and inspections;

3 amending s. 125.56, F.S.; providing for expiration of

4 certain building permits issued by a county after a

5 specified timeframe; providing construction; amending

6 s. 489.129, F.S.; providing that certain persons are

7 not subject to discipline for performing a job without

8 applicable permits and inspections if otherwise

9 provided by law; amending s. 553.382, F.S.; providing

10 that any certified residential manufactured building

11 may not be denied a building permit for placement on

12 specified lots or property associations; creating s.

13 553.385, F.S.; defining the terms “local government”

14 and “offsite-constructed residential dwelling”;

15 requiring that an offsite-constructed residential

16 dwelling be permitted as of right in any zoning

17 district where certain dwellings are allowed;

18 prohibiting a local government from adopting or

19 enforcing a certain zoning, land use, or development

20 regulation that treats an offsite-constructed

21 residential dwelling differently or more restrictively

22 than certain dwellings in the same district; providing

23 construction; authorizing a local government to adopt

24 compatibility standards for specified architectural

25 features; prohibiting a local government from treating

26 offsite-constructed residential dwellings differently

27 than factory-built buildings based on the method or

28 location of construction; prohibiting a local

29 government from adopting or enforcing certain zoning,

30 land use, or development ordinances or regulations;

31 prohibiting local government ordinances or regulations

32 from having the effect of excluding offsite

33 constructed residential dwellings; requiring that such

34 ordinances or regulations be reasonable and uniformly

35 enforced without distinction as to type of housing;

36 providing that any such ordinance or regulation is

37 void and unenforceable as applied to offsite

38 constructed residential dwellings; amending s. 553.77,

39 F.S.; requiring the Florida Building Commission to

40 adopt by rule uniform statewide building permit

41 applications for commercial and residential

42 construction projects; requiring that such building

43 permit applications, to the extent feasible, be

44 capable of integration with existing building permit

45 software systems used by local governments and account

46 for local amendments to the Florida Building Code;

47 amending s. 553.79, F.S.; requiring local enforcement

48 agencies to allow building permit applicants to submit

49 certain documents and payments electronically;

50 authorizing building officials to accept such

51 documents and payments in person in a nonelectronic

52 format; providing that a building permit issued by a

53 local government for a single-family dwelling expires

54 after a specified timeframe; authorizing a local

55 government to extend such a building permit beyond the

56 specified timeframe; prohibiting inspection fees from

57 being based on the total cost of a project and from

58 exceeding the actual inspection costs incurred by the

59 local enforcement agency; prohibiting a local

60 government that issues building permits from requiring

61 the owner of a single-family dwelling or the owner’s

62 contractor to obtain a building permit to perform work

63 that is at valued less than a specified sum; providing

64 exceptions; prohibiting the division of a construction

65 project into more than one project for a specified

66 purpose; requiring certain persons who perform work on

67 a property to file a notice of permit exemption with

68 the local enforcement agency within a specified

69 timeframe; providing that a notice is not required for

70 work performed personally by the property owner;

71 providing that a local government has no legal duty to

72 the owner, contractor, or their successors or assigns

73 for such work performed; prohibiting a local

74 government that issues building permits from requiring

75 an owner of certain dwellings, or the owner’s

76 contractor, to obtain a building permit for certain

77 work under certain circumstances; providing that a

78 local government has no legal duty to the owner,

79 contractor, or their successors or assigns for such

80 work performed; authorizing the Florida Building

81 Commission to adopt rules; prohibiting a local

82 government that issues building permits from requiring

83 a building permit for each lot or parcel upon which a

84 retaining wall is installed on the property of certain

85 buildings; providing construction; prohibiting a

86 political subdivision from imposing certain

87 requirements for glazing on certain proposed

88 construction or restoration projects; providing an

89 exception; defining the terms “glazing” and “primary

90 facade”; amending s. 553.791, F.S.; revising

91 definitions; defining the term “registration”;

92 revising the authorization of a fee owner or the fee

93 owner’s contractor to use a private provider for

94 certain services to include plans review; requiring

95 that the written authorization of a fee owner to a

96 contractor for the use of a private provider be

97 explicit; providing that such explicit written

98 authorization be submitted to the local building

99 official; prohibiting a local enforcement agency from

100 requiring that the explicit written authorization be

101 submitted as part of a permit application or as a

102 condition for issuing a permit; specifying how the

103 permit fee must be calculated; prohibiting a local

104 jurisdiction from charging certain administrative fees

105 or other additional fees; requiring the local

106 jurisdiction to promptly provide equal access to all

107 permitting and inspection documents and reports to the

108 private provider, fee owner, and contractor under

109 certain circumstances; specifying requirements for

110 reduced permit fees and surcharge calculations;

111 prohibiting local governmental entities and local

112 building officials from requiring additional forms in

113 certain circumstances; providing an exception;

114 requiring local enforcement agencies to create a

115 registration system for private providers and private

116 provider firms working in their jurisdiction;

117 requiring a local enforcement agency to establish a

118 method to register and update registration information

119 electronically; prohibiting local enforcement agencies

120 from charging an administrative fee for registration

121 or updating registration; requiring private providers

122 and private provider firms to include certain

123 information when registering; prohibiting a private

124 provider or a private provider firm from working in

125 the local enforcement agency’s jurisdiction until it

126 registers; requiring the private provider or private

127 provider firm to update its registration within a

128 specified timeframe if there is a change in specified

129 information; prohibiting local enforcement agencies

130 from altering a form adopted by the commission;

131 deleting a requirement that a private provider’s

132 qualification statements or resumes be included in a

133 certain notice; deleting time restrictions for

134 electing to use a private provider; revising the

135 authorization for a fee owner or the fee owner’s

136 contractor to use a private provider to provide

137 inspection services for single-trade inspections for a

138 single-family or two-family dwelling; requiring local

139 enforcement agencies to accept electronically

140 submitted affidavits; specifying which forms and

141 documents a local building official may not review;

142 providing that a local building official may review

143 certain forms and documents for completeness only;

144 requiring that written notice of incomplete forms be

145 given to an applicant within a specified timeframe;

146 requiring the written notice to state with specificity

147 which forms or documents are incomplete; deleting a

148 requirement that the local building official issue the

149 requested permit or provide a written notice to the

150 permit applicant with specific information within a

151 specified timeframe; revising the circumstances for

152 when any time periods are tolled for any incomplete

153 forms or documents; making technical changes; revising

154 the timeframe in which the local building official has

155 to issue the requested permit or provide a second

156 written notice; providing that certain permits are

157 deemed approved and a local building official is

158 required to issue the permit within a specified

159 timeframe; deleting a requirement of private providers

160 that are performing required inspections to provide

161 notice to the local building official of specified

162 information; deleting a provision authorizing the

163 local building official to visit the building site as

164 often as necessary to verify certain information;

165 prohibiting the local jurisdiction from charging

166 reaudit or reinspection fees under certain

167 circumstances; providing that local enforcement

168 agencies are not responsible for the administration or

169 supervision of services performed by a private

170 provider; conforming provisions to changes made by the

171 act; prohibiting local building officials from failing

172 certain inspections under certain circumstances;

173 revising the timeframe in which certain records must

174 be provided; authorizing certain persons to sign

175 certificates of compliance; authorizing a local

176 building official to perform certain building

177 inspections under certain circumstances; specifying

178 requirements for local building officials under such

179 circumstances; providing that a local building

180 official may review certain forms and documents for

181 completeness only; deleting a provision authorizing

182 certain governmental entities to establish a system of

183 registration for certain private providers, private

184 provider firms, and duly authorized representatives;

185 providing that certain virtual inspections may not be

186 prohibited or limited; requiring that a private

187 provider or private provider firm subject to an audit

188 be given notice of such audit to be performed within a

189 specified timeframe; prohibiting certain entities from

190 prohibiting or discouraging the use of private

191 providers; revising a provision authorizing a county,

192 a municipality, a school district, or an independent

193 special district to use a private provider or private

194 provider firm, or a licensed building inspector or a

195 person who holds the same licensure or certification

196 as a private provider, to provide certain services;

197 amending s. 553.792, F.S.; revising the timeframe in

198 which a local government must approve, approve with

199 conditions, or deny certain work on certain buildings

200 if such work is valued at less than a specified sum;

201 amending s. 720.3035, F.S.; prohibiting an association

202 or certain committees from requiring a building permit

203 as a prerequisite for a certain review; providing an

204 effective date.

206 Be It Enacted by the Legislature of the State of Florida:

208 Section 1. Paragraph (d) of subsection (4) of section

209 125.56, Florida Statutes, is amended to read:

210 125.56 Enforcement and amendment of the Florida Building

211 Code and the Florida Fire Prevention Code; inspection fees;

212 inspectors; etc.—

213 (4)

214 (d) A county that issues building permits may send a

215 written notice of expiration, by e-mail or United States Postal

216 Service, to the owner of the property and the contractor listed

217 on the permit, no less than 30 days before a building permit is

218 set to expire. The written notice must identify the permit that

219 is set to expire and the date the permit will expire. A building

220 permit issued by a county for a single-family dwelling expires 1

221 year after the issuance of the permit or on the effective date

222 of the next edition of the Florida Building Code, whichever is

223 later; however, this paragraph does not prevent a local

224 government from extending the building permit beyond the

225 expiration date.

226 Section 2. Paragraph (o) of subsection (1) of section

227 489.129, Florida Statutes, is amended to read:

228 489.129 Disciplinary proceedings.—

229 (1) The board may take any of the following actions against

230 any certificateholder or registrant: place on probation or

231 reprimand the licensee, revoke, suspend, or deny the issuance or

232 renewal of the certificate or registration, require financial

233 restitution to a consumer for financial harm directly related to

234 a violation of a provision of this part, impose an

235 administrative fine not to exceed $10,000 per violation, require

236 continuing education, or assess costs associated with

237 investigation and prosecution, if the contractor, financially

238 responsible officer, or business organization for which the

239 contractor is a primary qualifying agent, a financially

240 responsible officer, or a secondary qualifying agent responsible

241 under s. 489.1195 is found guilty of any of the following acts:

242 (o) Proceeding on any job without obtaining applicable

243 local building department permits and inspections , unless

244 otherwise provided by law .

246 For the purposes of this subsection, construction is considered

247 to be commenced when the contract is executed and the contractor

248 has accepted funds from the customer or lender. A contractor

249 does not commit a violation of this subsection when the

250 contractor relies on a building code interpretation rendered by

251 a building official or person authorized by s. 553.80 to enforce

252 the building code, absent a finding of fraud or deceit in the

253 practice of contracting, or gross negligence, repeated

254 negligence, or negligence resulting in a significant danger to

255 life or property on the part of the building official, in a

256 proceeding under chapter 120.

257 Section 3. Section 553.382, Florida Statutes, is amended to

258 read:

259 553.382 Placement of certain housing.—Notwithstanding any

260 other law or ordinance to the contrary, in order to expand the

261 availability of affordable housing in this state, any

262 residential manufactured building that is certified under this

263 chapter by the department may not be denied a building permit

264 for placement ~~be placed~~ on a mobile home lot in a mobile home

265 park, on any lot in a recreational vehicle park, or in a mobile

266 home condominium, cooperative, or subdivision. Any such housing

267 unit placed on a mobile home lot is a mobile home for purposes

268 of chapter 723 and, therefore, all rights, obligations, and

269 duties under chapter 723 apply, including the specifics of the

270 prospectus. However, a housing unit subject to this section may

271 not be placed on a mobile home lot without the prior written

272 approval of the park owner. Each housing unit located on a

273 mobile home lot and subject to this section must ~~shall~~ be taxed

274 as a mobile home under s. 320.08(11) and is subject to payments

275 to the Florida Mobile Home Relocation Fund under s. 723.06116.

276 Section 4. Section 553.385, Florida Statutes, is created to

277 read:

278 553.385 Permitting and zoning of offsite-constructed

279 residential dwellings; parity.—

280 (1) As used in this section, the term:

281 (a) “Local government” means a county or municipality.

282 (b) “Offsite-constructed residential dwelling” means a

283 manufactured building as defined in s. 553.36(13) which is

284 intended for single-family residential use, or a manufactured

285 home as defined in s. 320.01(2)(b) which is constructed in whole

286 or in part offsite and is treated as real property.

287 (2)(a) An offsite-constructed residential dwelling must be

288 permitted as of right in any zoning district where single-family

289 detached dwellings are allowed.

290 (b) A local government may not adopt or enforce any zoning,

291 land use, or development regulation that treats an offsite

292 constructed residential dwelling differently or more

293 restrictively than a single-family site-built dwelling allowed

294 in the same district.

295 (c) This section does not prohibit a local government from

296 applying generally applicable architectural, aesthetic, design,

297 setback, height, or bulk standards to offsite-constructed

298 residential dwellings, provided such standards apply equally to

299 site-built single-family dwellings permitted in the same

300 district. A local government may adopt compatibility standards

301 that are limited to the following architectural features:

302 1. Roof pitch.

303 2. Square footage of livable space.

304 3. Type and quality of exterior finishing materials.

305 4. Foundation enclosure.

306 5. Existence and type of attached structures.

307 6. Building setbacks, lot dimensions, and the orientation

308 of the home on the lot.

309 (d) A local government may not treat offsite-constructed

310 residential dwellings differently than factory-built buildings

311 subject to s. 553.38 based on the method or location of

312 construction.

313 (3) A local government may not adopt or enforce any zoning,

314 land use, or development ordinance or regulation that conflicts

315 with this section or s. 553.38, or that imposes different or

316 more restrictive treatment on an offsite-constructed residential

317 dwelling based on its method of construction or the presence of

318 components built off site. Local government ordinances or

319 regulations may not have the effect of excluding offsite

320 constructed residential dwellings and must be reasonable and

321 uniformly enforced without any distinction as to the type of

322 housing. Any such ordinance or regulation is void and

323 unenforceable as applied to offsite-constructed residential

324 dwellings.

325 Section 5. Present paragraphs (b) through (m) of subsection

326 (1) of section 553.77, Florida Statutes, are redesignated as

327 paragraphs (c) through (n), respectively, a new paragraph (b) is

328 added to that subsection, and present paragraph (c) of that

329 subsection is amended, to read:

330 553.77 Specific powers of the commission.—

331 (1) The commission shall:

332 (b) By July 1, 2027, adopt by rule a uniform commercial

333 building permit application to be used statewide for commercial

334 construction projects and a uniform residential building permit

335 application to be used statewide for residential construction

336 projects. To the extent feasible, the uniform building permit

337 applications adopted by the commission must be capable of

338 integration with existing building permit software systems

339 utilized by local governments and must account for local

340 amendments to the Florida Building Code.

341 (d) ~~(c)~~ Upon written application by any substantially

342 affected person or a local enforcement agency, issue declaratory

343 statements pursuant to s. 120.565 relating to new technologies,

344 techniques, and materials which have been tested where necessary

345 and found to meet the objectives of the Florida Building Code.

346 This paragraph does not apply to the types of products,

347 materials, devices, or methods of construction required to be

348 approved under paragraph (g) ~~(f)~~ .

349 Section 6. Paragraphs (a), (b), (c), and (f) of subsection

350 (1) and paragraph (a) of subsection (24) of section 553.79,

351 Florida Statutes, are amended, and paragraphs (g) through (j)

352 are added to subsection (1) of that section, to read:

353 553.79 Permits; applications; issuance; inspections.—

354 (1)(a) Unless otherwise provided by law, after the

355 effective date of the Florida Building Code adopted as herein

356 provided, it is ~~shall be~~ unlawful for any person, firm,

357 corporation, or governmental entity to construct, erect, alter,

358 modify, repair, or demolish any building within this state

359 without first obtaining a permit therefor from the appropriate

360 enforcing agency or from such persons as may, by appropriate

361 resolution or regulation of the authorized state or local

362 enforcing agency, be delegated authority to issue such permits,

363 upon the payment of such reasonable fees adopted by the

364 enforcing agency. The enforcing agency is empowered to revoke

365 any such permit upon a determination by the agency that the

366 construction, erection, alteration, modification, repair, or

367 demolition of the building for which the permit was issued is in

368 violation of, or not in conformity with, ~~the provisions of~~ the

369 Florida Building Code. Whenever a permit required under this

370 section is denied or revoked because the plan, or the

371 construction, erection, alteration, modification, repair, or

372 demolition of a building, is found by the local enforcing agency

373 to be not in compliance with the Florida Building Code, the

374 local enforcing agency shall identify the specific plan or

375 project features that do not comply with the applicable codes,

376 identify the specific code chapters and sections upon which the

377 finding is based, and provide this information to the permit

378 applicant. A plans reviewer or building code administrator who

379 is responsible for issuing a denial, revocation, or modification

380 request but fails to provide to the permit applicant a reason

381 for denying, revoking, or requesting a modification, based on

382 compliance with the Florida Building Code or local ordinance, is

383 subject to disciplinary action against his or her license

384 pursuant to s. 468.621(1)(i). Installation, replacement,

385 removal, or metering of any load management control device is

386 exempt from and is ~~shall~~ not be subject to the permit process

387 and fees otherwise required by this section.

388 (b) A local enforcement agency shall post each type of

389 building permit application, as adopted by the commission,

390 including a list of all required attachments, drawings, or other

391 requirements for each type of application, on its website. A

392 local enforcement agency must post and update the status of

393 every received application on its website until the issuance of

394 the building permit. A local enforcement agency shall allow

395 applicants to submit completed applications, including payments,

396 attachments, drawings, or other requirements or parts of the

397 ~~completed~~ permit application, ~~must be able to be submitted~~

398 electronically to the appropriate building department. Accepted

399 methods of electronic submission include, but are not limited

400 to, e-mail submission of applications in Portable Document

401 Format or submission of applications through an electronic fill

402 in form available on the building department’s website or

403 through a third-party submission management software. A building

404 official may accept completed applications, including payments,

405 attachments, drawings, or other requirements or parts of the

406 ~~completed~~ permit application, ~~may also be submitted~~ in person in

407 a nonelectronic format ~~, at the discretion of the building~~

408 ~~official~~ .

409 (c) A local government that issues building permits may

410 send a written notice of expiration, by e-mail or United States

411 Postal Service, to the owner of the property and the contractor

412 listed on the permit, no less than 30 days before a building

413 permit is set to expire. The written notice must identify the

414 permit that is set to expire and the date the permit will

415 expire. A building permit issued by a local government for a

416 single-family dwelling expires 1 year after the issuance of the

417 permit or on the effective date of the next edition of the

418 Florida Building Code, whichever is later; however, this

419 paragraph does not prevent a local government from extending the

420 building permit beyond the expiration date.

421 (f) A local government may not require a contract between a

422 builder and an owner, any copies of such contract, or any

423 associated document, including, but not limited to, letters of

424 intent, material costs lists, labor costs, or overhead or profit

425 statements, for the issuance of a building permit or as a

426 requirement for the submission of a building permit application.

427 Inspection fees may not be based on the total cost of a project

428 and may not exceed the actual inspection costs incurred by the

429 local enforcement agency.

430 (g)1. A local government that issues building permits may

431 not require an owner of a single-family dwelling or the owner’s

432 contractor to obtain a building permit to perform any work that

433 is valued at less than $7,500 on the owner’s property. However,

434 a local government may require a building permit for any

435 electrical, plumbing, structural, mechanical, or gas work

436 performed on a lot containing a single-family dwelling,

437 regardless of the value of the work. A construction project may

438 not be divided into more than one project for the purpose of

439 evading the requirements of this section.

440 2. For any work performed by a person other than the

441 property owner under the exemption in subparagraph 1., the

442 person performing the work shall file a notice of permit

443 exemption with the local enforcement agency which includes the

444 name and license number of the person or entity hired to perform

445 the work, the scope of the work performed, the property address

446 at which the work was performed, and the value of such work as

447 proof that such work complies with subparagraph 1. A notice of

448 permit exemption must be filed within 30 days after the date the

449 work begins. A notice is not required for work performed

450 personally by the property owner. A local government has no

451 legal duty to the owner or contractor, or the owner’s or

452 contractor’s successors or assigns, for work performed under

453 this paragraph.

454 (h)1. Except to the extent strictly necessary to maintain

455 compliance with the National Flood Insurance Program for

456 participating communities, a local government that issues

457 building permits may not require an owner of a single-family or

458 two-family dwelling, or the owner’s contractor, to obtain a

459 building permit for the installation of temporary residential

460 hurricane and flood protection walls or barriers that meet all

461 of the following conditions:

462 a. The wall or barrier is nonhabitable and nonload-bearing

463 and is not more than 48 inches in height.

464 b. The wall or barrier is installed on the residential

465 property of a single-family or two-family dwelling or townhouse.

466 c. The wall or barrier does not render a code-compliant

467 building noncompliant with codes required at the time of

468 original construction.

469 d. The wall or barrier is constructed to mitigate or

470 prevent storm surge or floodwaters from entering a structure or

471 property.

472 e. The wall or barrier is installed by a contractor

473 licensed under part I of chapter 489.

474 f. The wall or barrier complies with applicable local

475 zoning, drainage, easement, and setback requirements.

476 g. The wall or barrier complies with ANSI/FM 2510 or is

477 designed and certified by a professional engineer licensed in

478 this state based on site-specific engineering analysis.

479 2. A local government has no legal duty to the owner,

480 contractor, or their successors, or assigns for work performed

481 under this paragraph.

482 3. The commission may adopt rules pursuant to s. 120.54 to

483 incorporate necessary standards to implement this paragraph.

484 (i) A local government that issues building permits may not

485 require a building permit for each lot or parcel upon which a

486 retaining wall is installed on the property of a single-family

487 or two-family residential dwelling or a townhouse.

488 (j) This subsection may not be construed to limit a local

489 government’s authority under this chapter to maintain compliance

490 with the regulations of the Federal Emergency Management Agency

491 or the National Flood Insurance Program, regardless of the value

492 of the work.

493 (24)(a) A political subdivision of this state may not adopt

494 or enforce any ordinance or impose any building permit or other

495 development order requirement that:

496 1. Contains any building, construction, or aesthetic

497 requirement or condition that conflicts with or impairs

498 corporate trademarks, service marks, trade dress, logos, color

499 patterns, design scheme insignia, image standards, or other

500 features of corporate branding identity on real property or

501 improvements thereon used in activities conducted under chapter

502 526 or in carrying out business activities defined as a

503 franchise by Federal Trade Commission regulations in 16 C.F.R.

504 ss. 436.1, et . seq.; or

505 2. Imposes any requirement on the design, construction, or

506 location of signage advertising the retail price of gasoline in

507 accordance with the requirements of ss. 526.111 and 526.121

508 which prevents the signage from being clearly visible and

509 legible to drivers of approaching motor vehicles from a vantage

510 point on any lane of traffic in either direction on a roadway

511 abutting the gas station premises and meets height, width, and

512 spacing standards for Series C, D, or E signs, as applicable,

513 published in the latest edition of Standard Alphabets for

514 Highway Signs published by the United States Department of

515 Commerce, Bureau of Public Roads, Office of Highway Safety ; or

516 3. Imposes a glazing requirement that results in the

517 glazing of more than 15 percent of the surface area of the

518 primary facade for the first 10 feet above the ground floor for

519 a proposed new commercial or mixed-use construction or

520 restoration project, except for individually listed contributing

521 structures in a National Register of Historic Places district.

522 Such glazing requirements may not be imposed or enforced on any

523 facade other than the primary facade, and such glazing

524 requirements may not be imposed or enforced on any portion of

525 the primary facade higher than the first 10 feet above the

526 ground floor. For purposes of this subparagraph, the term:

527 a. “Glazing” means the installation of transparent or

528 translucent materials, including glass or similar substances, in

529 windows, doors, or storefronts. The term includes any actual or

530 faux windows to be installed on a building facade .

531 b. “Primary facade” means the single building side housing

532 the primary entrance to the building.

533 Section 7. Section 553.791, Florida Statutes, is amended to

534 read:

535 553.791 Alternative plans review and inspection.—

536 (1) As used in this section, the term:

537 (a) “Applicable codes” means the Florida Building Code and

538 any local technical amendments to the Florida Building Code but

539 does not include the applicable minimum fire prevention and

540 firesafety codes adopted pursuant to chapter 633.

541 (b) “Audit” means the process to confirm that the building

542 code inspection services have been performed by the private

543 provider, including ensuring that the required affidavit for the

544 plan review has been properly completed and submitted with the

545 permit documents and that the minimum mandatory inspections

546 required under the building code have been performed and

547 properly recorded. The local building official may not replicate

548 the plan review or inspection being performed by the private

549 provider, unless expressly authorized by this section.

550 (c) “Building” means any construction, erection,

551 alteration, demolition, or improvement of, or addition to, any

552 structure or site work for which permitting by a local

553 enforcement agency is required.

554 (d) “Building code inspection services” means those

555 services described in s. 468.603(5) and (8) involving the review

556 of building plans as well as those services involving the review

557 of site plans and site work engineering plans or their

558 functional equivalent, to determine compliance with applicable

559 codes and those inspections required by law, conducted either in

560 person or virtually, of each phase of construction for which

561 permitting by a local enforcement agency is required to

562 determine compliance with applicable codes.

563 (e) “Deliver” or “delivery” means any method of delivery

564 used in conventional business or commercial practice, including

565 delivery by electronic transmissions such as e-mail or

566 submission through an electronic fill-in form available on the

567 building department’s website or through a third-party

568 submission management software .

569 (f) “Duly authorized representative” means an agent of the

570 private provider identified in the permit application who

571 reviews plans or performs inspections as provided by this

572 section and who is licensed as an engineer under chapter 471 or

573 as an architect under chapter 481 or who holds a standard or

574 provisional certificate under part XII of chapter 468. A duly

575 authorized representative who only holds a provisional

576 certificate under part XII of chapter 468 must be under the

577 direct supervision of a person licensed as a building code

578 administrator under part XII of chapter 468.

579 (g) “Electronic signature” means any letters, characters,

580 or symbols manifested by electronic or similar means which are

581 executed or adopted by a party with an intent to authenticate a

582 writing or record.

583 (h) “Electronic transmission” or “submitted electronically”

584 means any form or process of communication not directly

585 involving the physical transfer of paper or another tangible

586 medium which is suitable for the retention, retrieval, and

587 reproduction of information by the recipient and is retrievable

588 in paper form by the receipt through an automated process. All

589 notices , documents, and applications provided for in this

590 section may be transmitted electronically and ~~shall~~ have the

591 same legal effect as if physically posted or mailed.

592 (i) “Electronically posted” means providing notices of

593 decisions, results, or records, including inspection records,

594 through the use of a website or other form of electronic

595 communication used to transmit or display information.

596 (j) “Immediate threat to public safety and welfare” means a

597 building code violation that, if allowed to persist, constitutes

598 an immediate hazard that could result in death, serious bodily

599 injury, or significant property damage. This paragraph does not

600 limit the authority of the local building official to issue a

601 Notice of Corrective Action at any time during the construction

602 of a building project or any portion of such project if the

603 official determines that a condition of the building or portion

604 thereof may constitute a hazard when the building is put into

605 use following completion as long as the condition cited is shown

606 to be in violation of the building code or approved plans.

607 (k) “Local building official” means the individual within

608 the governing jurisdiction responsible for direct regulatory

609 administration or supervision of plans review, enforcement, and

610 inspection of any construction, erection, alteration,

611 demolition, or substantial improvement of, or addition to, any

612 structure for which permitting is required to indicate

613 compliance with applicable codes and includes any duly

614 authorized designee of such person.

615 (l) “Permit application” means a properly completed and

616 submitted application for the requested building or construction

617 permit, including:

618 1. The plans reviewed by the private provider, or in the

619 case of a single-trade plans review where a private provider

620 uses an automated or software-based plans review system pursuant

621 to subsection (7) ~~(6)~~ , the information reviewed by the automated

622 or software-based plans review system to determine compliance

623 with one or more applicable codes.

624 2. The affidavit from the private provider required under

625 subsection (7) ~~(6)~~ .

626 3. Any applicable fees.

627 4. Any documents required by the local building official to

628 determine that the fee owner has secured all other government

629 approvals required by law.

630 (m) “Plans” means building plans, site engineering plans,

631 or site plans, or their functional equivalent, submitted by a

632 fee owner or fee owner’s contractor to a private provider or

633 duly authorized representative for review.

634 (n) “Private provider” means a person licensed as a

635 building code administrator under part XII of chapter 468, as an

636 engineer under chapter 471, or as an architect under chapter

637 481. For purposes of performing inspections under this section

638 for additions and alterations that are limited to 1,000 square

639 feet or less to residential buildings, the term “private

640 provider” also includes a person who holds a standard

641 certificate under part XII of chapter 468.

642 (o) “Private provider firm” means a business organization,

643 including a corporation, partnership, business trust, or other

644 legal entity, which offers services under this chapter to the

645 public through licensees who are acting as agents, employees,

646 officers, or partners of the firm. A person who is licensed as a

647 building code administrator under part XII of chapter 468, an

648 engineer under chapter 471, or an architect under chapter 481

649 may act as a private provider for an agent, employee, or officer

650 of the private provider firm.

651 (p) “Registration” means the roster of authorized private

652 provider firms held by each local enforcement agency.

653 (q) ~~(p)~~ “Request for certificate of occupancy or certificate

654 of completion” means a properly completed and executed

655 application for:

656 1. A certificate of occupancy or certificate of completion.

657 2. A certificate of compliance from the private provider

658 required under subsection (15) ~~(13)~~ .

659 3. Any applicable fees.

660 4. Any documents required by the local building official to

661 determine that the fee owner has secured all other government

662 approvals required by law.

663 (r) ~~(q)~~ “Single-trade inspection” or “single-trade plans

664 review” means any inspection or plans review focused on a single

665 construction trade, such as plumbing, mechanical, or electrical.

666 The term includes, but is not limited to, inspections or plans

667 reviews of door or window replacements; fences and block walls

668 more than 6 feet high from the top of the wall to the bottom of

669 the footing; stucco or plastering; reroofing with no structural

670 alteration; solar energy and energy storage installations or

671 alterations; HVAC replacements; ductwork or fan replacements;

672 alteration or installation of wiring, lighting, and service

673 panels; water heater changeouts; sink replacements; and

674 repiping.

675 (s) ~~(r)~~ “Site work” means the portion of a construction

676 project that is not part of the building structure, including,

677 but not limited to, grading, excavation, landscape irrigation,

678 and installation of driveways.

679 (t) ~~(s)~~ “Stop-work order” means the issuance of any written

680 statement, written directive, or written order which states the

681 reason for the order and the conditions under which the cited

682 work will be permitted to resume.

683 (2)(a) Notwithstanding any other law or local government

684 ordinance or local policy, the fee owner of a building or

685 structure, or the fee owner’s contractor upon explicit written

686 authorization from the fee owner, may choose at any time to use

687 a private provider to provide plans review or building code

688 inspection services with regard to such building or structure

689 and may make payment directly to the private provider for the

690 provision of such services. All such services are ~~shall be~~ the

691 subject of a ~~written~~ contract between the private provider, or

692 the private provider’s firm, and the fee owner or the fee

693 owner’s contractor, upon explicit written authorization of the

694 fee owner and a copy of such explicit written authorization

695 being submitted to the local building official. The local

696 enforcement agency may not require the contract to be provided

697 as part of the permit application or as a condition for issuing

698 a permit . The fee owner may elect to use a private provider to

699 provide plans review or required building inspections, or both.

700 However, if the fee owner or the fee owner’s contractor uses a

701 private provider to provide plans review, the local building

702 official, in his or her discretion and pursuant to duly adopted

703 policies of the local enforcement agency, may require the fee

704 owner or the fee owner’s contractor to use a private provider to

705 also provide required building inspections.

706 (b) If a fee an owner or the fee owner’s contractor retains

707 a private provider for purposes of plans review or building

708 inspection services, the local jurisdiction must reduce the

709 permit fee by the amount of cost savings realized by the local

710 enforcement agency for not having to perform such services. Such

711 reduction may be calculated on a flat fee or percentage basis,

712 or any other reasonable means by which a local enforcement

713 agency assesses the cost for its plans review or inspection

714 services. The permit fee must be based on the cost incurred by

715 the local jurisdiction, including the labor cost of the

716 personnel providing such services and the clerical and

717 supervisory assistance required to comply with this section. The

718 local jurisdiction may not charge fees for plans review or

719 building inspections if the fee owner or the fee owner’s

720 contractor hires a private provider to perform such services .

721 The local enforcement agency may not charge punitive

722 administrative fees when a fee owner has chosen to work with a

723 private provider ~~; however, the local jurisdiction may charge a~~

724 ~~reasonable administrative fee, which shall be based on the cost~~

725 ~~that is actually incurred, including the labor cost of the~~

726 ~~personnel providing the service, by the local jurisdiction or~~

727 ~~attributable to the local jurisdiction for the clerical and~~

728 ~~supervisory assistance required, or both~~ .

729 (c) If a fee an owner or the fee owner’s a contractor

730 retains a private provider for purposes of plans review or

731 building inspection services, the local jurisdiction must

732 provide equal access to all permitting and inspection documents

733 and reports to the private provider, fee owner, and contractor

734 if such access is provided by software that protects exempt

735 records from disclosure. Access to these documents must be

736 promptly provided.

737 (d) If a fee owner or a fee owner’s contractor retains a

738 private provider for purposes of plans review or building

739 inspection services for a commercial construction project, the

740 local enforcement agency must reduce the permit fee by at least

741 25 percent of the portion of the permit fee attributable to

742 plans review or building inspection services, as applicable. If

743 a fee owner or a fee owner’s contractor retains a private

744 provider for all required plans review and building inspection

745 services, the local enforcement agency must reduce the total

746 permit fee by at least 50 percent of the amount otherwise

747 charged for such services. If a local enforcement agency does

748 not reduce such fee by at least the percentages provided in this

749 paragraph, the local enforcement agency forfeits the ability to

750 collect any fees for the commercial construction project. The

751 surcharge required by s. 553.721 must be calculated based on the

752 reduced permit fee. This paragraph does not prohibit a local

753 enforcement agency from reducing its fees in excess of the

754 percentages provided in this paragraph.

755 (e) A local government or local building official may not

756 require additional forms beyond those required at registration,

757 except for the written notice required under subsection (5), if

758 a fee owner or the fee owner’s contractor uses a private

759 provider.

760 (3) A private provider and any duly authorized

761 representative may only perform building code inspection

762 services that are within the disciplines covered by that

763 person’s licensure or certification under chapter 468, chapter

764 471, or chapter 481, including single-trade inspections. A

765 private provider may not provide building code inspection

766 services pursuant to this section upon any building designed or

767 constructed by the private provider or the private provider’s

768 firm.

769 (4) A local enforcement agency shall create a registration

770 system for private providers and private provider firms working

771 in the local enforcement agency’s jurisdiction. The local

772 enforcement agency shall establish a method to register and

773 update registration information electronically. The local

774 enforcement agency may not charge an administrative fee for

775 registration or updates to a registration. The private provider

776 or private provider firm shall provide its contact information

777 and verify compliance with the licensure requirements of

778 paragraph (1)(n) or paragraph (1)(o), as applicable, and the

779 insurance requirements of subsection (20). The private provider

780 or private provider firm shall register with the local

781 enforcement agency in the jurisdiction in which the provider or

782 firm is working before contracting to provide services in such

783 jurisdiction. The private provider or private provider firm must

784 update its registration within 5 business days after any change

785 to the provider’s or firm’s contact information, licensure, or

786 insurance coverage.

787 (5) ~~(4)~~ A fee owner or the fee owner’s contractor using a

788 private provider to provide building code inspection services

789 shall notify the local building official in writing at the time

790 of permit application, or by 2 p.m. local time, 2 business days

791 before the first scheduled inspection by the local building

792 official or building code enforcement agency that a private

793 provider has been contracted to perform the required inspections

794 of construction under this section, including single-trade

795 inspections, on a form ~~to be~~ adopted by the commission. The

796 local enforcement agency may not alter the form. Such ~~This~~

797 notice must ~~shall~~ include the following information:

798 (a) The services to be performed by the private provider.

799 (b) The name, firm, address, telephone number, and e-mail

800 address of each private provider who is performing or will

801 perform such services, his or her professional license or

802 certification number, ~~qualification statements or resumes,~~ and,

803 if required by the local building official, a certificate of

804 insurance demonstrating that professional liability insurance

805 coverage is in place for the private provider’s firm, the

806 private provider, and any duly authorized representative in the

807 amounts required by this section.

808 (c) An acknowledgment from the fee owner or the fee owner’s

809 contractor in substantially the following form:

811 I have elected to use one or more private providers to

812 provide building code plans review and/or inspection

813 services on the building or structure that is the

814 subject of the enclosed permit application, as

815 authorized by s. 553.791, Florida Statutes. I

816 understand that the local building official may not

817 review the plans submitted or perform the required

818 building inspections to determine compliance with the

819 applicable codes, except to the extent specified in

820 said law. Instead, plans review and/or required

821 building inspections will be performed by licensed or

822 certified personnel identified in the application. The

823 law requires minimum insurance requirements for such

824 personnel, but I understand that I may require more

825 insurance to protect my interests. By executing this

826 form, I acknowledge that I have made inquiry regarding

827 the competence of the licensed or certified personnel

828 and the level of their insurance and am satisfied that

829 my interests are adequately protected. I agree to

830 indemnify, defend, and hold harmless the local

831 government, the local building official, and their

832 building code enforcement personnel from any and all

833 claims arising from my use of these licensed or

834 certified personnel to perform building code

835 inspection services with respect to the building or

836 structure that is the subject of the enclosed permit

837 application.

839 If the fee owner or the fee owner’s contractor makes any changes

840 to the listed private providers or the services to be provided

841 by those private providers, the fee owner or the fee owner’s

842 contractor must ~~shall~~ , within 1 business day after any change or

843 within 2 business days before the next scheduled inspection,

844 update the notice to reflect such changes. A change of a duly

845 authorized representative named in the permit application does

846 not require a revision of the permit, and the building code

847 enforcement agency may ~~shall~~ not charge a fee for making the

848 change.

849 (6) ~~(5)~~ After construction has commenced ~~and if either the~~

850 ~~local building official is unable to provide inspection services~~

851 ~~in a timely manner or the work subject to inspection is related~~

852 ~~to a single-trade inspection for a single-family or two-family~~

853 ~~dwelling~~ , the fee owner or the fee owner’s contractor may elect

854 to use a private provider to provide inspection services for a

855 single-trade inspection for a single-family or two-family

856 dwelling by notifying the local building official of the owner’s

857 or contractor’s intention to do so ~~by 2 p.m. local time, 2~~

858 ~~business days~~ before the next scheduled inspection using the

859 notice provided for in paragraphs (5)(a)-(c) ~~(4)(a)-(c)~~ .

860 (7) ~~(6)~~ A private provider performing plans review under

861 this section shall review the plans to determine compliance with

862 the applicable codes. For single-trade plans reviews, a private

863 provider may use an automated or software-based plans review

864 system designed to determine compliance with one or more

865 applicable codes, including, but not limited to, the National

866 Electrical Code and the Florida Building Code. Upon determining

867 that the plans reviewed comply with the applicable codes, the

868 private provider shall prepare an affidavit or affidavits

869 certifying, under oath, that the following is true and correct

870 to the best of the private provider’s knowledge and belief:

871 (a) The plans were reviewed by the affiant, who is duly

872 authorized to perform plans review pursuant to this section and

873 holds the appropriate license or certificate.

874 (b) The plans comply with the applicable codes.

876 Such affidavit may bear a written or electronic signature and

877 may be submitted electronically to the local building official.

878 A local enforcement agency must accept electronically submitted

879 affidavits.

880 (8)(a) The local building official may not review plans,

881 construction drawings, or any other related documents determined

882 by a private provider to be compliant with the applicable codes

883 except to the extent necessary to determine compliance with

884 local ordinances, floodplain management regulations, site review

885 requirements, and any other administrative or life safety review

886 unrelated to building code compliance.

887 (b) The local building official may review other forms and

888 documents required under this section for completeness only. The

889 local building official must provide written notice to a permit

890 applicant of any incomplete forms or documents required under

891 this section no later than 10 days after receipt of a permit

892 application or, if the permit application is related to a

893 single-trade plans review for a single-family or two-family

894 dwelling, no later than 5 business days after receipt of a

895 permit application, and an affidavit from the private provider

896 as required in subsection (7). The written notice must state

897 with specificity which forms or documents are incomplete.

898 ~~(7)(a) No more than 20 business days, or if the permit~~

899 ~~application is related to a single-trade plans review for a~~

900 ~~single-family or two-family dwelling, no more than 5 business~~

901 ~~days, after receipt of a permit application and the affidavit~~

902 ~~from the private provider required pursuant to subsection (6),~~

903 ~~the local building official shall issue the requested permit or~~

904 ~~provide a written notice to the permit applicant identifying the~~

905 ~~specific plan features that do not comply with the applicable~~

906 ~~codes, as well as the specific code chapters and sections.~~ If

907 the local building official does not provide such a written

908 notice ~~of the plan deficiencies~~ within the prescribed time

909 period, the permit ~~application~~ must be deemed approved as a

910 matter of law, and the permit must be issued by the local

911 building official on the next business day.

912 (c) ~~(b)~~ If the local building official provides a written

913 notice ~~of plan deficiencies~~ to the permit applicant of any

914 incomplete forms or documents required under this section at the

915 time of plan submission within the prescribed time period, such

916 ~~the~~ time period is tolled pending resolution of the matter. To

917 resolve the issues raised in the notice ~~plan deficiencies~~ , the

918 permit applicant may elect to dispute the issues ~~deficiencies~~

919 pursuant to subsection (17) ~~(15)~~ or to submit revisions to

920 correct the issues ~~deficiencies~~ .

921 (d) ~~(c)~~ If the permit applicant submits revisions, the local

922 building official has the remainder of the tolled 10-day or 5

923 day time period plus 5 business days ~~after the date of~~

924 ~~resubmittal~~ to issue the requested permit or to provide a second

925 written notice to the permit applicant stating which of the

926 previously identified forms or documents ~~plan features~~ remain

927 incomplete ~~in noncompliance with the applicable codes, with~~

928 ~~specific reference to the relevant code chapters and sections~~ .

929 Any subsequent review by the local building official is limited

930 to the issues ~~deficiencies~~ cited in the original written notice.

931 If the local building official does not provide the second

932 written notice within the prescribed time period, the permit

933 must be deemed approved as a matter of law, and the local

934 building official must issue the permit on the next business

935 day.

936 (e) ~~(d)~~ If the local building official provides a second

937 written notice ~~of plan deficiencies~~ to the permit applicant

938 within the prescribed time period, the permit applicant may

939 elect to dispute the issues raised in the second notice

940 ~~deficiencies~~ pursuant to subsection (17) ~~(15)~~ or to submit

941 additional revisions to correct the issues ~~deficiencies~~ . For all

942 revisions submitted after the first revision, the local building

943 official has an additional 5 business days ~~after the date of~~

944 ~~resubmittal~~ to issue the requested permit or to provide a

945 written notice to the permit applicant stating which of the

946 previously identified forms or documents ~~plan features~~ remain

947 incomplete. If the local building official does not provide the

948 notice within the prescribed time period, the permit is deemed

949 approved as a matter of law, and the local building official

950 must issue the permit on the next business day ~~in noncompliance~~

951 ~~with the applicable codes, with specific reference to the~~

952 ~~relevant code chapters and sections~~ .

953 (9) ~~(8)~~ A private provider performing required inspections

954 under this section shall inspect each phase of construction as

955 required by the applicable codes. Such inspection, including a

956 single-trade inspection, may be performed in person or

957 virtually. The private provider may have a duly authorized

958 representative perform the required inspections, provided all

959 required reports are prepared by and bear the written or

960 electronic signature of the private provider or the private

961 provider’s duly authorized representative. The duly authorized

962 representative must be an employee of the private provider

963 entitled to receive reemployment assistance benefits under

964 chapter 443. The contractor’s contractual or legal obligations

965 are not relieved by any action of the private provider.

966 (10) ~~(9)~~ ~~A private provider performing required inspections~~

967 ~~under this section shall provide notice to the local building~~

968 ~~official of the approximate date and time of any such~~

969 ~~inspection.~~ The local building official may not prohibit the

970 private provider from performing any inspection outside the

971 local building official’s normal operating hours, including

972 after hours, weekends, or holidays. ~~The local building official~~

973 ~~may visit the building site as often as necessary to verify that~~

974 ~~the private provider is performing all required inspections.~~ A

975 deficiency notice must be posted by the private provider, the

976 duly authorized representative of the private provider, or the

977 building department whenever a noncomplying item related to the

978 building code or the permitted documents is found. Such notice

979 may be physically posted at the job site or electronically

980 posted. After corrections are made, the item must be reinspected

981 by the private provider or the representative of the private

982 provider before being concealed. ~~Reinspection or reaudit fees~~

983 ~~shall not be charged by~~ The local jurisdiction may not charge

984 reinspection or reaudit fees as a result of the local

985 jurisdiction’s audit inspection occurring before the performance

986 of the private provider’s inspection or for any other

987 administrative matter not involving the detection of a violation

988 of the building code or a permit requirement.

989 (11) A local enforcement agency is not responsible for the

990 regulatory administration or supervision of building code

991 inspection services performed by a private provider hired by a

992 fee owner or the fee owner’s contractor. A local enforcement

993 agency may not require additional verification of licensure or

994 insurance requirements beyond that which is required at

995 registration.

996 (12) ~~(10)~~ If the private provider is a person licensed as an

997 engineer under chapter 471 or an architect under chapter 481 and

998 affixes his or her professional seal to the affidavit required

999 under subsection (7) ~~(6)~~ , the local building official must issue

1000 the requested permit or provide a written notice to the permit

1001 applicant identifying the specific plan features that do not

1002 comply with the applicable codes, as well as the specific code

1003 chapters and sections, within 10 business days after receipt of

1004 the permit application and affidavit. In such written notice,

1005 the local building official must provide with specificity the

1006 plan’s deficiencies, the reasons the permit application failed,

1007 and the applicable codes being violated. If the local building

1008 official does not provide specific written notice to the permit

1009 applicant within the prescribed 10-day period, the permit

1010 application is deemed approved as a matter of law, and the local

1011 building official must issue the permit on the next business

1012 day.

1013 (13) ~~(11)~~ If equipment replacements and repairs must be

1014 performed in an emergency situation, subject to the emergency

1015 permitting provisions of the Florida Building Code, a private

1016 provider may perform emergency inspection services without first

1017 notifying the local building official ~~pursuant to subsection~~

1018 ~~(9)~~ . A private provider must conduct the inspection within 3

1019 business days after being contacted to conduct an emergency

1020 inspection and must submit the inspection report to the local

1021 building official within 1 day after the inspection is

1022 completed.

1023 (14) ~~(12)~~ Upon completing the required inspections at each

1024 applicable phase of construction, the private provider shall

1025 record such inspections on a form provided by the commission

1026 ~~acceptable to the local building official~~ . The form must bear

1027 the written or electronic signature of the private provider or

1028 the private provider’s duly authorized representative. Such

1029 ~~These~~ inspection records must ~~shall~~ reflect those inspections

1030 required by the applicable codes of each phase of construction

1031 for which permitting by a local enforcement agency is required.

1032 The private provider, upon completion of the required

1033 inspection, shall post each completed inspection record,

1034 indicating pass or fail, and provide the record to the local

1035 building official within 4 2 business days. Such inspection

1036 record may be electronically posted by the private provider, or

1037 the private provider may post such inspection record physically

1038 at the project site. The private provider may electronically

1039 transmit the record to the local building official. The local

1040 building official may waive the requirement to provide a record

1041 of each inspection within 4 2 business days if the record is

1042 electronically posted or posted at the project site and all such

1043 inspection records are submitted with the certificate of

1044 compliance. Unless the records have been electronically posted

1045 or transmitted , records of all required and completed

1046 inspections must ~~shall~~ be maintained at the building site at all

1047 times and made available for review by the local building

1048 official. A local building official may not fail any inspection

1049 performed by a private provider for not having the inspection

1050 records at the job site if the inspection records have been

1051 electronically transmitted to the local building official within

1052 the 4-business-day requirement. The private provider shall

1053 report to the local enforcement agency any condition that poses

1054 an immediate threat to public safety and welfare.

1055 (15) ~~(13)~~ Upon completion of all required inspections, the

1056 private provider firm shall prepare a certificate of compliance,

1057 on a form provided by the commission ~~acceptable to the local~~

1058 ~~building official~~ , summarizing the inspections performed and

1059 including a written representation, under oath, that the stated

1060 inspections have been performed and that, to the best of the

1061 private provider’s knowledge and belief, the building

1062 construction inspected complies with the approved plans and

1063 applicable codes. The certificate of compliance may be signed by

1064 any qualified licensed individual employed full time by the

1065 private provider firm under whose authority the inspection was

1066 completed. The statement required of the private provider must

1067 ~~shall~~ be substantially in the following form and must ~~shall~~ be

1068 signed and sealed by a private provider as established in

1069 subsection (1) or may be electronically transmitted to the local

1070 building official:

1072 To the best of my knowledge and belief, the building

1073 components and site improvements outlined herein and

1074 inspected under my authority have been completed in

1075 conformance with the approved plans and the applicable

1076 codes.

1078 (16)(a) ~~(14)(a)~~ The local building official may only perform

1079 building inspections of construction that a private provider has

1080 determined to be compliant with the applicable codes if the

1081 local building official has actual knowledge that the private

1082 provider did not perform the required inspections. If the local

1083 building official has such knowledge, the local building

1084 official must provide to the private provider written notice of

1085 the facts and circumstances upon which the local building

1086 official relied for such knowledge before performing a required

1087 inspection. The local building official may review forms and

1088 documents required under this section for completeness only. No

1089 more than 10 business days, or if the permit is related to

1090 single-family or two-family dwellings then no more than 2

1091 business days, after receipt of a request for a certificate of

1092 occupancy or certificate of completion and the applicant’s

1093 presentation of a certificate of compliance and approval of all

1094 other government approvals required by law, including the

1095 payment of all outstanding fees, the local building official

1096 shall issue the certificate of occupancy or certificate of

1097 completion or provide a notice to the applicant of any

1098 incomplete forms or documents required under this section

1099 ~~identifying the specific deficiencies, as well as the specific~~

1100 ~~code chapters and sections~~ .

1101 (b) If the local building official does not provide notice

1102 of any incomplete forms or documents ~~the deficiencies~~ within the

1103 applicable time periods under paragraph (a), the request for a

1104 certificate of occupancy or certificate of completion is

1105 automatically granted and deemed issued as of the next business

1106 day. The local building official must provide the applicant with

1107 the written certificate of occupancy or certificate of

1108 completion within 10 days after it is automatically granted and

1109 issued. To resolve any identified issues ~~deficiencies~~ , the

1110 applicant may elect to dispute the issues ~~deficiencies~~ pursuant

1111 to subsection (17) ~~(15)~~ or to submit a corrected request for a

1112 certificate of occupancy or certificate of completion.

1113 (17) ~~(15)~~ If the local building official determines that the

1114 building construction or plans do not comply with the applicable

1115 codes, the official may deny the permit or request for a

1116 certificate of occupancy or certificate of completion, as

1117 appropriate, or may issue a stop-work order for the project or

1118 any portion thereof as provided by law, if the official

1119 determines that the noncompliance poses an immediate threat to

1120 public safety and welfare, subject to the following:

1121 (a) The local building official must ~~shall~~ be available to

1122 meet with the private provider within 2 business days to resolve

1123 any dispute after issuing a stop-work order or providing notice

1124 to the applicant denying a permit or request for a certificate

1125 of occupancy or certificate of completion.

1126 (b) If the local building official and private provider are

1127 unable to resolve the dispute, the matter must ~~shall~~ be referred

1128 to the local enforcement agency’s board of appeals, if one

1129 exists, which must ~~shall~~ consider the matter at its next

1130 scheduled meeting or sooner. Any decisions by the local

1131 enforcement agency’s board of appeals, or local building

1132 official if there is no board of appeals, may be appealed to the

1133 commission as provided by this chapter.

1134 (c) Notwithstanding ~~any provision of~~ this section, any

1135 decisions regarding the issuance of a building permit,

1136 certificate of occupancy, or certificate of completion may be

1137 reviewed by the local enforcement agency’s board of appeals, if

1138 one exists. Any decision by the local enforcement agency’s board

1139 of appeals, or local building official if there is no board of

1140 appeals, may be appealed to the commission as provided by this

1141 chapter, which shall consider the matter at the commission’s

1142 next scheduled meeting.

1143 (18) ~~(16)~~ For the purposes of this section, any notice to be

1144 provided by the local building official is ~~shall be~~ deemed to be

1145 provided to the person or entity when successfully transmitted

1146 to the e-mail address listed for that person or entity in the

1147 permit application or revised permit application, or, if no e

1148 mail address is stated, when actually received by that person or

1149 entity.

1150 (19)(a) ~~(17)(a)~~ A local enforcement agency, local building

1151 official, or local government may not adopt or enforce any laws,

1152 rules, procedures, policies, qualifications, or standards more

1153 stringent than those prescribed by this section.

1154 ~~(b) A local enforcement agency, local building official, or~~

1155 ~~local government may establish, for private providers, private~~

1156 ~~provider firms, and duly authorized representatives working~~

1157 ~~within that jurisdiction, a system of registration to verify~~

1158 ~~compliance with the licensure requirements of paragraph (1)(n)~~

1159 ~~and the insurance requirements of subsection (18).~~

1160 (b) ~~(c)~~ This section does not limit the authority of the

1161 local building official to issue a stop-work order for a

1162 building project or any portion of the project, as provided by

1163 law, if the official determines that a condition on the building

1164 site constitutes an immediate threat to public safety and

1165 welfare.

1166 (c) A local enforcement agency may not prohibit or limit

1167 private providers from using virtual inspections if a virtual

1168 inspection is not prohibited by any applicable code.

1169 (20) ~~(18)~~ A private provider may perform building code

1170 inspection services on a building project under this section

1171 only if the private provider maintains insurance for

1172 professional liability covering all services performed as a

1173 private provider. Such insurance must ~~shall~~ have minimum policy

1174 limits of $1 million per occurrence and $2 million in the

1175 aggregate for any project with a construction cost of $5 million

1176 or less and $2 million per occurrence and $4 million in the

1177 aggregate for any project with a construction cost of over $5

1178 million. Nothing in this section limits the ability of a fee

1179 owner to require additional insurance or higher policy limits.

1180 For these purposes, the term “construction cost” means the total

1181 cost of building construction as stated in the building permit

1182 application. If the private provider chooses to secure claims

1183 made coverage to fulfill this requirement, the private provider

1184 must also maintain coverage for a minimum of 5 years after

1185 ~~subsequent to~~ the performance of building code inspection

1186 services. The insurance required under this subsection must

1187 ~~shall~~ be written only by insurers authorized to do business in

1188 this state with a minimum A.M. Best’s rating of A. Before

1189 providing building code inspection services within a local

1190 building official’s jurisdiction, a private provider must

1191 provide to the local building official a certificate of

1192 insurance evidencing that the coverages required under this

1193 subsection are in force.

1194 (21) ~~(19)~~ When performing building code inspection services,

1195 a private provider is subject to the disciplinary guidelines of

1196 the applicable professional board with jurisdiction over his or

1197 her license or certification under chapter 468, chapter 471, or

1198 chapter 481. All private providers are ~~shall be~~ subject to the

1199 disciplinary guidelines of s. 468.621(1)(c)-(h). Any complaint

1200 processing, investigation, and discipline that arise out of a

1201 private provider’s performance of building code inspection

1202 services must ~~shall~~ be conducted by the applicable professional

1203 board.

1204 (22) ~~(20)~~ A local building code enforcement agency may not

1205 audit the performance of building code inspection services by

1206 private providers operating within the local jurisdiction until

1207 the agency has created standard operating private provider audit

1208 procedures for the agency’s internal inspection and review

1209 staff, which includes, at a minimum, the private provider audit

1210 purpose and scope, private provider audit criteria, an

1211 explanation of private provider audit processes and objections,

1212 and detailed findings of areas of noncompliance. Such private

1213 provider audit procedures must be publicly available online, and

1214 a printed version must be readily accessible in agency

1215 buildings. The private provider audit results of staff for the

1216 prior two quarters also must be publicly available. The agency’s

1217 audit processes must adhere to the agency’s posted standard

1218 operating audit procedures. The same private provider or private

1219 provider firm may not be audited more than four times in a year

1220 unless the local building official determines a condition of a

1221 building constitutes an immediate threat to public safety and

1222 welfare, which must be communicated in writing to the private

1223 provider or private provider firm. The private provider or

1224 private provider firm must be given notice of each audit to be

1225 performed at least 5 business days before the audit. Work on a

1226 building or structure may proceed after inspection and approval

1227 by a private provider. The work may not be delayed for

1228 completion of an inspection audit by the local building code

1229 enforcement agency.

1230 (23) ~~(21)~~ The local government, ~~the~~ local building official,

1231 and ~~their~~ building code enforcement personnel are ~~shall be~~

1232 immune from liability to any person or party for any action or

1233 inaction by a fee owner of a building, or by a private provider

1234 or its duly authorized representative, in connection with

1235 building code inspection services as authorized in this act. The

1236 local government, local enforcement agency, local building

1237 official, and building code enforcement personnel may not

1238 prohibit or discourage the use of a private provider or a

1239 private provider firm.

1240 (24) ~~(22)~~ Notwithstanding any other law, a county, a

1241 municipality, a school district, or an independent special

1242 district may use a private provider or a private provider firm,

1243 or may employ a licensed building inspector as described in s.

1244 468.603 or a person who holds the same licensure or

1245 certification as a private provider, to provide building code

1246 inspection services for a public works project, an improvement,

1247 a building, or any other structure that is owned by the county,

1248 municipality, school district, or independent special district.

1249 Section 8. Paragraph (a) of subsection (1) of section

1250 553.792, Florida Statutes, is amended to read:

1251 553.792 Building permit application to local government.—

1252 (1)(a) A local government must approve, approve with

1253 conditions, or deny a building permit application after receipt

1254 of a completed and sufficient application within the following

1255 timeframes, unless the applicant waives such timeframes in

1256 writing:

1257 1. Within 5 business days after receiving a complete and

1258 sufficient application, for an applicant using a local

1259 government plans reviewer to obtain the following building

1260 permits for an existing single-family residential dwelling if

1261 the value of the work is less than $15,000: structural,

1262 accessory structure, alarm, electrical, gas, irrigation,

1263 landscaping, mechanical, plumbing, or roofing.

1264 2. 1. Within 30 business days after receiving a complete and

1265 sufficient application, for an applicant using a local

1266 government plans reviewer to obtain the following building

1267 permits if the structure is less than 7,500 square feet:

1268 residential units, including a single-family residential unit or

1269 a single-family residential dwelling, accessory structure,

1270 alarm, electrical, irrigation, landscaping, mechanical,

1271 plumbing, or roofing.

1272 3. 2. Within 60 business days after receiving a complete and

1273 sufficient application, for an applicant using a local

1274 government plans reviewer to obtain the following building

1275 permits if the structure is 7,500 square feet or more:

1276 residential units, including a single-family residential unit or

1277 a single-family residential dwelling, accessory structure,

1278 alarm, electrical, irrigation, landscaping, mechanical,

1279 plumbing, or roofing.

1280 4. 3. Within 60 business days after receiving a complete and

1281 sufficient application, for an applicant using a local

1282 government plans reviewer to obtain the following building

1283 permits: signs or nonresidential buildings that are less than

1284 25,000 square feet.

1285 5. 4. Within 60 business days after receiving a complete and

1286 sufficient application, for an applicant using a local

1287 government plans reviewer to obtain the following building

1288 permits: multifamily residential, not exceeding 50 units; site

1289 plan approvals and subdivision plats not requiring public

1290 hearing or public notice; and lot grading and site alteration.

1291 6. 5. Within 12 business days after receiving a complete and

1292 sufficient application, for an applicant using a master building

1293 permit consistent with s. 553.794 to obtain a site-specific

1294 building permit.

1295 7. 6. Within 10 business days after receiving a complete and

1296 sufficient application, for an applicant for a single-family

1297 residential dwelling applied for by a contractor licensed in

1298 this state on behalf of a property owner who participates in a

1299 Community Development Block Grant-Disaster Recovery program

1300 ~~administered by the Department of Commerce~~ , unless the permit

1301 application fails to satisfy the Florida Building Code or the

1302 enforcing agency’s laws or ordinances.

1304 However, the local government may not require the waiver of the

1305 timeframes in this section as a condition precedent to reviewing

1306 an applicant’s building permit application.

1307 Section 9. Paragraph (c) is added to subsection (1) of

1308 section 720.3035, Florida Statutes, to read:

1309 720.3035 Architectural control covenants; parcel owner

1310 improvements; rights and privileges.—

1311 (1)

1312 (c) An association or any architectural, construction

1313 improvement, or other such similar committee of an association

1314 may not require a building permit to be issued by a governmental

1315 authority to a parcel owner as a prerequisite for review by the

1316 association or committee concerning the construction of

1317 structures or improvements on the parcel.

1318 Section 10. This act shall take effect July 1, 2026.