This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0423.RRS
DATE: 11/24/2021
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 423 Building Inspection Services
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 644
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Brackett Anstead
2) Local Administration & Veterans Affairs
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Florida Building Code (Building Code) must be
applied, administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. Current law
requires local governments to enforce the Building Code and issue building permits.
A building official, is a local government employee who supervises building code activities, including plans
review and inspection. A building inspector inspects construction to determine compliance with the Building
Code, and a plans examiner reviews plans to determine design compliance with the Building Code.
Building officials, building inspectors, and plans examiners are regulated by the Building Code Administrators
and Inspectors Board (BCAIB) housed within the Department of Business and Professional Regulation
(DBPR).
Current law also allows property owners and contractors to hire building officials, engineers, and architects,
referred to as private providers, to review plans, perform inspections, and prepare certificates of completion.
Relating to building officials, building inspectors, and plans reviewers, the bill:
Provides that a person may sit for the building inspector or plans examiner licensure test by completing
a 4-year internship with a private entity and under the direct supervision of a licensed building official.
Requires the BCAIB to create a rule establishing that partial completion of an internship program may
be transferred between local governments or private entities.
Prohibits the BCAIB from issuing a provisional license with a special condition or requirement that such
licensee be employed by a municipality, county, or other local government agency.
Relating to private providers, the bill:
Provides that if a person uses a private provider, the local government must provide equal access to all
permitting and inspection documents and reports to the private provider, the owner, and the contractor.
Defines “reasonable administrative fee.”
Provides that if a notice of deficiency is not issued within two business days of receiving a request for a
certificate of occupancy from a private provider:
o A certificate is “automatically” granted, instead of “deemed” granted;
o The building permit is closed; and
o Local building officials must provide the permit applicant with a written certificate of occupancy
within 10 days.
The bill does not appear to have a fiscal impact on state and local governments.
The bill provides for an effective date of July 1, 2022. STORAGE NAME: h0423.RRS PAGE: 2
DATE: 11/24/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.
1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.
2
The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.
3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction.
4
The Florida Building Commission was statutorily created to implement the Building Code. The
Commission, which is housed within the Department of Business and Professional Regulation (DBPR),
is a 19-member technical body made up of design professionals, contractors, and government experts
in various disciplines covered by the Building Code. The Commission reviews several International
Codes published by the International Code Council,
5
the National Electric Code, and other nationally
adopted model codes to determine if the Building Code needs to be updated and adopts an updated
Building Code every three years.
6
Local Enforcement of the Florida Building Code
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.
7
Every local government must enforce the Building Code and issue building permits.
8
It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency.
9
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Nov. 11, 2021).
2
Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Nov. 11, 2021).
3
Id.
4
See s. 553.72(1), F.S.
5
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 21, 2021).
6
Ss. 553.73, and 553.74, F.S.
7
S. 553.72, F.S.
8
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9
See ss. 125.56(4)(a), 553.79(1), F.S. STORAGE NAME: h0423.RRS PAGE: 3
DATE: 11/24/2021
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections.
10
Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed.
11
Building Code Administrators and Inspectors and Plans Examiners – Current Situation
Building officials, inspectors, and plans examiners are regulated by the Florida Building Code
Administrators and Inspectors Board (BCAIB) within DBPR. The BCAIB consists of nine members
appointed by the Governor and subjected to confirmation by the Senate.
12
A building code administrator, otherwise known as a building official, is a local government employee or
a person contracted by a local government who supervises building code activities, including plans
review, enforcement, and inspection.
13
A building code inspector (inspector) inspects construction that requires permits to determine
compliance with the Building Code and state accessibility laws. Inspectors are divided into several
different categories. An inspector’s ability to practice is limited to the category or categories the
inspector has been licensed. The inspector categories are:
14
Building inspector
Coastal construction inspector
Commercial electrical inspector
Residential electrical inspector
Mechanical inspector
Plumbing inspector
Residential inspector
Electrical inspector
During the 2020 Legislative Session, the Legislature renamed the “one and two family dwelling
inspector” to the “residential inspector” and expanded the scope of practice to include inspecting
one-family, two-family, or three-family residences, and accessory use structures in connection
therewith, for compliance with the building, plumbing, mechanical, accessibility, and electrical codes.
15
A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. The term includes a residential plans examiner who is qualified to determine that
plans submitted for building permits comply with the applicable residential building, plumbing,
mechanical, electrical, gas, energy, accessibility, and other applicable construction codes. A plan’s
examiners ability to practice is limited to the category or categories the plans examiner has been
licensed. The plans examiner categories are:
16
Building plans examiner
Plumbing plans examiner
Mechanical plans examiner
10
S. 110 Seventh edition of the Florida Building Code (Building).
11
Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building
Department, Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Ex cluded%20Building%20Permits.pdf (last visited Nov. 11,
2021).
12
S. 468.605, F.S.
13
S. 468.603(2), F.S.
14
See s. 468.603(5), F.S.
15
See House Analysis of 2020 House Bill 1193 (Jul. 2, 2020).
16
See s. 468.603(8), F.S. STORAGE NAME: h0423.RRS PAGE: 4
DATE: 11/24/2021
Electrical plans examiner
The BCAIB may also create voluntary certificates that licensed inspectors and plans examiners may
obtain. A voluntary certificate is a limited certificate that allows a licensed inspector or plans examiner
to inspect or examine plans for additional categories. Voluntary certificates are not available to people
who are not licensed as an inspector, plans examiner, or construction contractor. The BCAIB has
created the following voluntary certificates:
17
Residential pool inspector
Commercial pool inspector
Roofing inspector
Modular inspector
Modular plans examiner
Residential plans examiner
In order to sit for the plans examiner or inspector exam a person must be at least 18 years of age, be of
good moral character, and meet one of the following eligibility requirements:
18
Have 4 years of combined relevant experience;
Have 3 years of combined postsecondary education and relevant experience;
Have 3 years of combined technical education and relevant experience;
Complete an approved cross-training program and have at least 2 years of experience;
Hold a standard certificate issued by the BCAIB or a firesafety inspector license; and
o have at least 4 years of relevant experience as an inspector or plans examiner;
o have a minimum of 3 years of experience in firesafety inspection,or firesafety plan
review and completed a training program of not less than 100 hours in the new category
sought;
o complete an approved training program of not less than 200 hours in inspection or plans
review except for one-family and two family dwelling training programs,
19
which may
not be less than 500 hours; or
Complete a 4-year internship certification program.
Internship Programs
After the recession in 2008, Florida experienced a shortage of inspectors, plans examiners, and
building officials on account of many of them being laid off. In at least one county, the shortage forced
the local building board to rehire retired inspectors.
20
17
See s. 468.609(10), F.S.; R. 61G19-6.016, F.A.C.
18
S. 468.609(2), F.S.
19
“One-family and two family dwelling” may need to be renamed to “residential” since the Legislature renamed the one-
family and two- family dwelling inspector license to the residential inspector license during the 2020 Legislative Session.
20
See James Sullivan, Charles Kibert, Andriel Fenner, & Shirley Morque, Florida Construction Workforce Taskforce:
Address training issues among building code inspectors to increase the number qualified inspectors,(March 9, 2017)
http://www.cce.ufl.edu/wp-content/uploads/2016/12/6-Florida-Construction-Workforce-Taskforce-Address-training-issues-
among-building-code-inspectors-to-increase-the-number-qualified-1.pdf (last visited Nov. 23, 2021). STORAGE NAME: h0423.RRS PAGE: 5
DATE: 11/24/2021
In response to the shortage, during the 2017 Legislative Session, the Legislature created the 4-year
internship program as an additional way to obtain licensure as a plans examiner or inspector.
21
A
person may sit for the plans examiner or inspector exam in all categories if the person is at least 18
years of age, is of good moral character, and completes an internship program. The requirements of
the internship program are:
22
Completing a 4-year internship as an inspector or plans examiner while employed full-time by
a local government, under the direct supervision of a building official. Proof of graduation with
a related vocational degree or college degree or of verifiable work experience may be
exchanged for the internship experience requirement year-for-year, but may reduce the
requirement to no less than 1 year;
Passing an ICC administered examination in the license category sought;
Passing the principles and practice examination before completing the internship program;
Passing a BCAIB-approved 40-hour code training course in the license category sought before
completing the internship; and
Obtaining a favorable recommendation from the supervising building official after completion of
the internship.
Current law requires the BCAIB to establish by rule that partial completion of the internship program
may be transferred between jurisdictions.
23
Currently, the 4-year internship program only applies to a person employed full-time by a local
government, and does not apply if the person is employed full-time with a private entity that provides
building inspection and/or plans review services.
Provisional Licenses
A person who is qualified to sit for the building official, plans examiner, or inspector exam but has not
taken the exam may be granted a provisional license by the BCAIB. A provisional license allows a
person to engage in the duties of a building official, inspector, or plans examiner. Provisional licenses
are valid for two years, but may be renewed by the BCAIB for just cause. A provisional license is not
valid for more than three years. However, an applicant who is obtaining licensure as an inspector or
plans examiner through an internship may apply to the BCAIB for a provisional license that is valid for
the duration of the internship.
24
The BCAIB may issue provisional licenses with special conditions or requirements including conditions
or requirements relating to the place of employment of the applicant, the supervision of the
applicant on a consulting or advisory basis, or any other conditions the BCAIB deem necessary to
protect the public safety and health.
25
21
See House Analysis of 2020 House Bill 1021 (Jul. 5, 2017).
22
S. 468.609(2), F.S.
23
S. 468.609(10), F.S.
24
S. 468.609, F.S.; R. 61G19-6.012, F.A.C.
25
Id. STORAGE NAME: h0423.RRS PAGE: 6
DATE: 11/24/2021
Certifications of Conformity with the Americans with Disabilities Act (ADA) and Remediation Plans
In 2017, section 553.5141, F.S., was created to allow places of public accommodation to register
remediation plans and certifications of conformity by certain experts in the ADA Standards for
Accessible Design for Title III of the ADA, and to establish a website with a registry of remediation plans
and certificates of conformity from businesses that have been inspected by an ADA expert, at DBPR.
The filing of the remediation plan or certification of conformity with DBPR puts the public on notice that
businesses that filed a remediation plan or certificate of conformity with DBPR are in compliance with
Title III of the ADA or are making reasonable efforts to come into compliance with Title III of the ADA.
“Private entity” is defined as any nongovernmental entity, such as a corporation, partnership, company
or nonprofit organization, any other legal entity, or any natural person.
Building Code Administrators and Inspectors and Plans Examiners – Effect of the Bill
The bill corrects a scrivenor’s error and renames the “one-family and two-family dwelling” training
program to the “residential” training program in order to conform with the Legislature renaming the “one
and two family dwelling inspector” to the “residential inspector” during the 2020 Legislative Session.
The bill provides that a person may also complete the 4-year internship as an inspector or plans
examiner while employed full-time with a private entity that conducts the same or similar services as
a local government, as long as the person is under the direct supervision of a licensed building official.
The bill also provides that the BCAIB must create a rule establishing that partial completion of an
internship program may be transferred between jurisdictions or private entities.
The bill provides that “private entity” has the same meaning as provided in s. 553.5141(1)(f), F.S.
The bill removes “the supervision of the licensee on a consulting or advisory basis” from the list of
examples of specifically identified “special conditions or requirements” to be used by the BCAIB when
issuing provisional licenses.
The BCAIB may still issue a provisional license with a special condition or requirement that the BCAIB
deems necessary to protect the public safety and health. However, the bill prohibits the BCAIB from
issuing a provisional license with a special condition or requirement with respect to the requirement of
employment by a municipality, county, or other local government agency.
Private Providers – Current Situation
In 2002, section 553.791, F.S., was created to allow property owners and contractors to hire licensed
building code officials, engineers, and architects, referred to as private providers, to review building
plans, perform building inspections, and prepare certificates of completion.
Private providers are able to approve building plans and perform building code inspections as long as
the plans approval and building inspections are within the scope of the provider’s license. Licensed
building inspectors and plans examiners may perform inspections for additions and alterations that are
limited to 1,000 square feet or less in residential buildings.
26
If an owner or contractor opts to use a private provider, the local government must calculate the cost
savings to its building department and reduce the building permit fees accordingly.
27
26
S. 553.791(1)(n) and (3), F.S.
27
S. 553.791(2)(b), F.S. STORAGE NAME: h0423.RRS PAGE: 7
DATE: 11/24/2021
A local government may not charge a fee for building inspections when an owner or contractor uses a
private provider, but it may charge a “reasonable administrative fee.”
28
However, current law does
not specify what a “reasonable administrative” fee is.
A building official may audit a private provider to ensure the private provider has reviewed the building
plans and is performing the required inspections. A building official may deny a building permit or a
request for a certificate of completion if the building construction or plans do not comply with the
Building Code. A building official may also issue a stop work order at any time if he or she determines
any condition of the construction poses an immediate threat to public safety and welfare.
29
When a property owner or a contractor elects to use a private provider, he or she must notify the
building official, on a form adopted by the Florida Building Commission, at the time of the permit
application or no less than two business days before the first or next scheduled inspection.
30
A private provider who approves building plans must sign a sworn affidavit that the plans comply with
the Building Code and the private provider is authorized to review the plans.
31
Upon receipt of a
building permit application from a private provider, a building official has 20 business days to grant or
deny the permit. Denying a permit automatically tolls the remaining 20 business days.
32
Before a private provider performs building inspections, he or she must notify the building official of
each inspection the business day before the inspection. A local building official may visit a building site
as often as necessary to ensure the private provider is performing the required inspections.
Construction work on a building may continue as long as the private provider passes each inspection
and the private provider gives proper notice of each inspection to the building official.
33
A private provider must post records of every inspection, including the results of the inspections,
electronically or on the jobsite and provide the records to the local building official within two business
days of posting the records.
34
Upon completion of all required inspections, a private provider must give the building official a record of
all the inspections, a request for a certificate of occupancy, and a sworn statement indicating
compliance with the Building Code. Upon receipt, the building official has two business days to issue
the certificate of completion or provide the permit applicant a notice of deficiencies.
35
If the local building official does not provide a notice of the deficiencies within two business days, the
request for a certificate of occupancy is deemed granted, and the local building official must issue the
certificate of occupancy the next business day.
36
Private Providers – Effect of the Bill
The bill provides that if an owner or contractor retains a private provider for plans review or inspection
services, the local government must provide equal access to all permitting and inspection documents
and reports to the private provider, the owner, and the contractor.
A “reasonable administrative fee” must be based on the cost that is actually incurred by the local
government, including the labor cost of the personnel providing the service, or the cost attributable to
the local government for the clerical and supervisory assistance required, or both.
28
Id.
29
S. 553.791(1), (14), and (19), F.S.
30
S. 553.791(4)-(5), F.S.
31
S. 553.791(6), F.S.
32
S. 553.791(7), F.S.
33
S. 553.791(9) and (18), F.S.
34
S. 553.791(11), F.S.
35
S. 553.791(11)-(13), F.S.
36
Id. STORAGE NAME: h0423.RRS PAGE: 8
DATE: 11/24/2021
The bill provides that if a local building official does not provide a notice of deficiencies within two
business days, the request for a certificate of occupancy is “automatically” granted and considered
issued the next business day, instead of “deemed” granted and required to be issued by the local
building official on the next business day.
The bill also provides that if a local building official does not provide a notice of deficiencies within two
business days, the building permit is closed and the local building official must provide the permit
applicant with the written certificate of occupancy or certificate of completion within 10 days after it has
been automatically granted and considered issued.
B. SECTION DIRECTORY:
Section 1. Amends s. 468.603, F.S., relating to definitions.
Section 2. Amends s. 468.609, F.S., relating to standards for certification; additional categories of
certification.
Section 3. Amends s. 553.791, F.S., relating to alternative plans review and inspection.
Section 4. Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may increase the number of people who qualify for licensure as a building inspector or plans
examiner, which may lead to a decrease in the cost of construction because of a decrease in the time
needed for inspections and plans review.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h0423.RRS PAGE: 9
DATE: 11/24/2021
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES