No. CS/CS/HB 405
Filed under Development & Land Use.
Commercial Construction ; Prohibiting a governmental entity from enforcing certain contract provisions for a public works project; requiring the Florida Building Commission to adopt by rule a uniform commercial building permit application for a specified purpose by a specified date; requiring the commission to adopt by rule additional trade-specific permit application forms for certain trades; requiring a local enforcement agency to use and accept the applications and forms adopted by the commission; requiring local enforcement agencies to adopt substantially similar forms for a certain purpose; requiring permit fees that are imposed by a local enforcement agency to be limited to the actual and reasonable costs incurred in reviewing, processing, and administering the permit; requiring a local jurisdiction to include a certain reduction in permit fees on its schedule of fees posted on its website; prohibiting the local jurisdiction from charging fees for plans review services under certain circumstances; requiring the local enforcement agency to reduce the permit fee by specified percentages for an owner or a contractor who retains a private provider for specified purposes.
Plain English Summary
AI-GENERATEDLocal governments issuing commercial building permits can no longer set fees using market rates or industry pricing benchmarks. A fee must reflect only the actual, reasonable cost of reviewing and processing that permit.
Owners who hire a private company to review plans or inspect a commercial project get a mandatory discount: at least 25% off for one service, 50% for both. Agencies that shortchange the discount forfeit the entire permit fee.
A new statute voids contract clauses that let a government dodge paying contractors for delays the government itself caused on public works projects, for contracts signed on or after July 1, 2026.
The Building Commission must create one standard commercial permit application for statewide use by the end of 2027, plus trade-specific forms. Local agencies can no longer require applicants to use a different form.
AILocal enforcement agencies can no longer price commercial building permits using market rates, industry benchmarks, or comparable retail pricing. A permit fee must track only the actual, reasonable cost of reviewing, processing, and administering that specific permit, proportional to the work the review took.
AIIf an owner or contractor hires a private company for plan review or building inspections, the local agency must cut the permit fee by at least 25% for one service or 50% for both. Missing that threshold costs the agency the entire permit fee for the project.
AIBy December 31, 2027, the Building Commission must adopt one standard commercial building permit application plus trade-specific forms for trades like electrical, HVAC, and plumbing. Local agencies must accept these forms and build substantially similar versions into their own online systems.
AIA new statute makes unenforceable any public-works contract clause that strips a contractor's right to compensation or extra time for delays the government itself caused. Notice requirements, arbitration clauses, and the agency's own right to recover contractor-caused delay damages still stand. Applies only to contracts signed on or after July 1, 2026.
AIPolitical subdivisions may no longer force more than 15% glazing on the ground-level ten feet of a new commercial or mixed-use building's primary facade, and cannot impose any glazing rule on other facades or above that height. Historic-register buildings are exempt.
AICounties and municipalities soliciting competitive bids for construction projects over $200,000 or $500,000 can publish the notice on a publicly accessible website instead of only in a newspaper, and can open sealed bids at a public meeting held virtually instead of only in person.