THE BILL ITSELF
SB 968
Home Backup Power Systems
Florida Senate - 2026 SB 968 By Senator McClain 9-01118-26 2026968__
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A bill to be entitled
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An act relating to home backup power systems; amending
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s. 553.73, F.S.; prohibiting a local government from
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adopting a technical amendment to the Florida Building
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Code which requires a permit or any functionally
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equivalent local review or approval for certain backup
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power systems; amending s. 553.79, F.S.; prohibiting a
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local government that issues building permits from
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requiring an owner of a single-family dwelling or such
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owner’s contractor to obtain a building permit to
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perform work on the single-family lot valued at less
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than a specified sum; providing exceptions; requiring
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a contractor who performs work that does not require a
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permit to keep a written record of certain
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information; creating s. 553.7923, F.S.; prohibiting a
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local enforcement agency from requiring a permit or
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any functionally equivalent local review or approval
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for the installation, relocation, replacement, or
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repair of an eligible residential backup power system;
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defining the term “backup power system”; providing
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applicability; prohibiting a county, municipality, or
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special district from adopting or enforcing any
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ordinance, rule, or measure that regulates the
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installation of backup power systems beyond the
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standards of the Florida Building Code or the Florida
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Fire Prevention Code; authorizing a local enforcement
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agency to conduct inspections of a backup power system
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to verify compliance with the Florida Building Code or
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the Florida Fire Prevention Code; providing
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construction; authorizing the owner or installing
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contractor to hire a private provider to perform such
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inspections; authorizing such inspections to be
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conducted in person or virtually; requiring the local
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enforcement agency to issue a written correction
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notice for noncompliance; authorizing the local
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enforcement agency to issue a stop-work order to
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address certain hazards; requiring the local
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enforcement agency to offer a reinspection date within
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a specified timeframe; authorizing the owner or
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installing contractor to submit a completed private
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provider inspection report if the local enforcement
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agency fails to reinspect the property within such
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timeframe; providing that such a private provider
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inspection report submission constitutes acceptance of
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the inspection report by the local enforcement agency;
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providing that the failed inspection of a backup power
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system may not be the sole basis for withholding or
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revoking a certificate of occupancy for existing
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occupied dwellings; providing a remedy for such failed
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inspections; authorizing a private provider to
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complete the inspection and complete a certificate of
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compliance; providing construction; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) is added to subsection (1) of
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section 553.73, Florida Statutes, to read:
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553.73 Florida Building Code.—
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(1)
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(f) A local government may not adopt a technical amendment
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to the Florida Building Code which requires a permit or any
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functionally equivalent local review or approval for a backup
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power system exempt under s. 553.7923.
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Section 2. Paragraph (g) is added to subsection (1) of
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section 553.79, Florida Statutes, to read:
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553.79 Permits; applications; issuance; inspections.—
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(1)
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(g)1. A local government that issues building permits may
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not require an owner of a single-family dwelling or the owner’s
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contractor to obtain a building permit to perform any work
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valued at less than $7,500 on the single-family dwelling’s lot.
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However, a local government may require a building permit for
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any electrical, plumbing, or structural work, not including the
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repair or replacement of exterior doors or windows, performed on
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a lot containing a single-family dwelling regardless of the
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value of the work.
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2. A contractor who performs work that does not require a
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permit under this paragraph must keep a written record of the
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work performed, the property address where the work was
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performed, and the value of such work as proof that such work
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meets the criteria of subparagraph 1.
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Section 3. Section 553.7923, Florida Statutes, is created
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to read:
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553.7923 Permit exemption for backup power systems.—
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(1)(a) A local enforcement agency may not require a permit
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or any functionally equivalent local review or approval for the
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design, installation, relocation, replacement, or repair of a
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backup power system installed by a contractor properly licensed
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under chapter 489 to perform such work or by a public utility
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exempt from licensure under s. 489.503(4).
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(b) As used in this section, the term “backup power system”
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means equipment and associated components that are installed at
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or serving a one-family dwelling, two-family dwelling, or
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townhouse for the purpose of providing onsite electric power
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during utility outages, load management, resiliency, or similar
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purposes and that are capable of providing no more than 50
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kilowatts of output to the residence or have an aggregate
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storage capacity of no more than 100 kilowatt-hours if such
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systems include energy storage.
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(2) Subsection (1) does not apply to an eligible backup
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power system that is designed, installed, relocated, replaced,
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or repaired by an owner-builder without a licensed electrical
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contractor. This subsection does not authorize unlicensed
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contracting.
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(3) Notwithstanding chapter 125, chapter 166, or any other
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law, a county, municipality, or special district may not adopt
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or enforce any ordinance, rule, or other measure that regulates
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the installation of backup power systems beyond the standards
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contained in the Florida Building Code or the Florida Fire
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Prevention Code.
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(4)(a) A local enforcement agency may conduct inspections
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of a backup power system to verify compliance with the Florida
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Building Code or the Florida Fire Prevention Code. An inspection
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under this subsection may not be conditioned on obtaining a
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permit or any functionally equivalent local review or approval
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and may not include plan review.
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(b) The owner or the installing contractor may hire a
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private provider to perform the inspections authorized in
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paragraph (a) in accordance with s. 553.791, including timelines
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for emergency inspections and submittal of inspection reports.
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(c) Inspections under this section may be conducted either
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in person or virtually in accordance with s. 553.791.
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(d)1. Upon a finding of noncompliance, the local
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enforcement agency must issue a written correction notice citing
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the specific code sections and required cure. The local
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enforcement agency may issue a stop-work order only to address
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an immediate life-safety hazard and only for the affected
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portion of the work.
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2. After the issues addressed in the stop-work order are
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corrected, the local enforcement agency must offer a
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reinspection date within 2 business days or the next day
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inspections are conducted, whichever is earlier.
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3. If the local enforcement agency fails to inspect the
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work performed regarding the issues in the stop-work order
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within 2 business days, the owner or installing contractor may
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submit a completed private provider inspection report under s.
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553.791. Submission of a private provider inspection report
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after the local enforcement agency fails to comply with
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subparagraph 2. constitutes acceptance of the inspection report
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by the local enforcement agency.
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4. For existing occupied dwellings, a failed inspection of
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a backup power system may not be the sole basis for withholding
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or revoking a certificate of occupancy for the dwelling. The
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remedy for such failed inspections is to withhold authorization
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to energize the backup power system until corrections are
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verified. A private provider may inspect and complete the
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certificate of compliance pursuant to s. 553.791(13).
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Section 4. This act does not alter or abridge the
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jurisdiction of the Public Service Commission under chapter 366,
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Florida Statutes, the exemptions for utilities and cooperatives
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under s. 366.11, Florida Statutes, or the requirements of rule
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25-6.065, Florida Administrative Code, relating to
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interconnection and net metering. This act does not affect any
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tariff, service policy, or interconnection requirement of any
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utility or cooperative.
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Section 5. This act shall take effect July 1, 2026.