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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to building regulation; amending s. 2
468.603, F.S.; defining the term "private provider"; 3
amending s. 468.609, F.S.; revising eligibility 4
requirements for a person applying to become certified 5
as a building code inspector or plans examiner; 6
authorizing an individual to perform certain duties 7
under certain conditions if he or she is under the 8
direct supervision of a certified building code 9
official; revising the special conditions or 10
requirements that the Florida Building Code 11
Administrators and Inspectors Board may impose on 12
provisional certificates; authorizing a person to 13
perform certain duties under certain conditions if the 14
person is under the direct supervision of a person 15
licensed as a building code official, engineer, or 16
architect; authorizing that partial completion of an 17
internship program be transferable among 18
jurisdictions, private providers, and firms of private 19
providers; amending s. 553.79, F.S.; providing that a 20
local government may not prohibit or restrict 21
demolition permits for single -family residential 22
structures located in certain areas; providing that 23
local governments may only review demolition permits 24
administratively for compliance with certain 25
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regulations; prohibiting a property owner from being 26
penalized for a demolition that is in compliance with 27
a demolition permit; prohibiting local governments 28
from imposing additional requirements on certain 29
structures; providing app licability; amending s. 30
553.791, F.S.; revising the definition of the term 31
"duly authorized representative"; limiting the 32
administrative fee that a local jurisdiction can 33
charge when an owner or contractor hires a private 34
provider for inspection services; requiring the local 35
jurisdiction to provide access to certain documents to 36
a private provider, contractor, and owner with certain 37
restrictions; requiring the local building official to 38
issue a certificate of occupancy or certificate of 39
completion within a certain number of days after 40
receipt of certain information, including the payment 41
of all outstanding fees; providing that a certificate 42
of occupancy or certificate of completion is 43
automatically granted and issued, and the permit 44
application closed, under certain circumstances; 45
requiring the local building official to provide a 46
written certificate of occupancy or certificate of 47
completion within a specified time; amending s. 48
553.792; revising requirements for when a local 49
government requests certain additi onal information 50
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from an applicant for a building permit; limiting the 51
number of times the local government may request such 52
information; providing requirements for a local 53
government if a certain request is made by an 54
applicant; amending s. 553.80, F.S.; authorizing a 55
civil action under certain circumstances; providing an 56
effective date. 57
58
Be It Enacted by the Legislature of the State of Florida: 59
60
Section 1. Subsection (9) is added to section 468.603, 61
Florida Statutes, to read: 62
468.603 Definitions .—As used in this part: 63
(9) "Private provider" has the same meaning as in s. 64
553.791(1). 65
Section 2. Paragraph (c) of subsection (2), paragraphs (c) 66
and (d) of subsection (7), and paragraph (b) of subsection (10) 67
of section 468.609, Florida Statutes, are amended to read: 68
468.609 Administration of this part; standards for 69
certification; additional categories of certification. — 70
(2) A person may take the examination for certification as 71
a building code inspector or plans examiner pursuant to this 72
part if the person: 73
(c) Meets eligibility requirements according to one of the 74
following criteria: 75
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1. Demonstrates 4 years' combined experience in the field 76
of construction or a related field, building code inspection, or 77
plans review corresponding to the certification category sought; 78
2. Demonstrates a combination of postsecondary education 79
in the field of construction or a related field and experience 80
which totals 3 years, with at least 1 year of such total being 81
experience in construction, building cod e inspection, or plans 82
review; 83
3. Demonstrates a combination of technical education in 84
the field of construction or a related field and experience 85
which totals 3 years, with at least 1 year of such total being 86
experience in construction, building code in spection, or plans 87
review; 88
4. Currently holds a standard certificate issued by the 89
board or a firesafety inspector license issued under pursuant to 90
chapter 633, with a minimum of 3 years' verifiable full -time 91
experience in firesafety inspection or firesa fety plan review, 92
and has satisfactorily completed a building code inspector or 93
plans examiner training program that provides at least 100 hours 94
but not more than 200 hours of cross -training in the 95
certification category sought. The board shall establish b y rule 96
criteria for the development and implementation of the training 97
programs. The board must shall accept all classroom training 98
offered by an approved provider if the content substantially 99
meets the intent of the classroom component of the training 100
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program; 101
5. Demonstrates a combination of the completion of an 102
approved training program in the field of building code 103
inspection or plan review and a minimum of 2 years' experience 104
in the field of building code inspection, plan review, fire code 105
inspections and fire plans review of new buildings as a 106
firesafety inspector certified under s. 633.216, or 107
construction. The approved training portion of this requirement 108
must shall include proof of satisfactory completion of a 109
training program that provides at lea st 200 hours but not more 110
than 300 hours of cross -training that is approved by the board 111
in the chosen category of building code inspection or plan 112
review in the certification category sought with at least 20 113
hours but not more than 30 hours of instruction in state laws, 114
rules, and ethics relating to professional standards of 115
practice, duties, and responsibilities of a certificateholder. 116
The board shall coordinate with the Building Officials 117
Association of Florida, Inc., to establish by rule the 118
development and implementation of the training program. However, 119
the board must shall accept all classroom training offered by an 120
approved provider if the content substantially meets the intent 121
of the classroom component of the training program; 122
6. Currently holds a standard certificate issued by the 123
board or a firesafety inspector license issued under pursuant to 124
chapter 633 and: 125
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a. Has at least 4 years' verifiable full -time experience 126
as an inspector or plans examiner in a standard certificat ion 127
category currently held or has a minimum of 4 years' verifiable 128
full-time experience as a firesafety inspector licensed under 129
pursuant to chapter 633. 130
b. Has satisfactorily completed a building code inspector 131
or plans examiner classroom training cour se or program that 132
provides at least 200 but not more than 300 hours in the 133
certification category sought, except for residential one-family 134
and two-family dwelling training programs, which must provide at 135
least 500 but not more than 800 hours of training as prescribed 136
by the board. The board shall establish by rule criteria for the 137
development and implementation of classroom training courses and 138
programs in each certification category; or 139
7.a. Has completed a 4 -year internship certification 140
program as a building code inspector or plans examiner while 141
also employed full-time by a municipality, county, or other 142
governmental jurisdiction, under the direct supervision of a 143
certified building official. A person may also complete the 144
internship certification pr ogram while employed full time by a 145
private provider or a private provider's firm that performs the 146
services of a building code inspector or plans examiner, while 147
under the direct supervision of a certified building official. 148
Proof of graduation with a rel ated vocational degree or college 149
degree or of verifiable work experience may be exchanged for the 150
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internship experience requirement year -for-year, but may reduce 151
the requirement to no less than 1 year. 152
b. Has passed an examination administered by the 153
International Code Council in the certification category sought. 154
Such examination must be passed before beginning the internship 155
certification program. 156
c. Has passed the principles and practice examination 157
before completing the internship certification pro gram. 158
d. Has passed a board -approved 40-hour code training 159
course in the certification category sought before completing 160
the internship certification program. 161
e. Has obtained a favorable recommendation from the 162
supervising building official after compl etion of the internship 163
certification program. 164
(7) 165
(c) The board shall provide for appropriate levels of 166
provisional certificates and may issue these certificates with 167
such special conditions or requirements relating to the place of 168
employment of the pe rson holding the certificate, the 169
supervision of such person on a consulting or advisory basis, or 170
other matters as the board deems may deem necessary to protect 171
the public safety and health. The board may not place a special 172
condition or requirement on a provisional certificate with 173
respect to the requirement of employment by a municipality, 174
county, or other local governmental agency. 175
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(d) A person may perform the duties of a plans examiner or 176
building code inspector for 120 days if a provisional 177
certificate application has been submitted if such person is 178
under the direct supervision of a person licensed as a certified 179
building code administrator under this part who holds a standard 180
certification and who has found such person qualified for a 181
provisional certificate. Direct supervision and the 182
determination of qualifications may also be provided by a 183
building code administrator who holds a limited or provisional 184
certificate in a county having a population of fewer than 75,000 185
and in a municipality located w ithin such county. 186
(10) 187
(b) The board shall by rule establish: 188
1. Reciprocity of certification with any other state that 189
requires an examination administered by the International Code 190
Council. 191
2. That an applicant for certification as a building cod e 192
inspector or plans examiner may apply for a provisional 193
certificate valid for the duration of the internship period. 194
3. That partial completion of an internship program is 195
transferable among jurisdictions, private providers, and firms 196
of private providers may be transferred between jurisdictions on 197
a form prescribed by the board. 198
4. That an applicant may apply for a standard certificate 199
on a form prescribed by the board upon successful completion of 200
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an internship certification program. 201
5. That an applicant may apply for a standard certificate 202
at least 30 days but and no more than 60 days before completing 203
the internship certification program. 204
6. That a building code inspector or plans examiner who 205
has standard certification may seek an additional c ertification 206
in another category by completing an additional nonconcurrent 1 -207
year internship program in the certification category sought and 208
passing an examination administered by the International Code 209
Council and a board-approved 40-hour code training c ourse. 210
Section 3. Subsection (25) is added to section 553.79, 211
Florida Statutes, to read: 212
553.79 Permits; applications; issuance; inspections. — 213
(25)(a) A local law, ordinance, or regulation may not 214
prohibit or otherwise restrict the ability of a pri vate property 215
owner to obtain a building permit to demolish his or her single -216
family residential structure located in a coastal high -hazard 217
area, moderate flood zone, or special flood hazard area 218
according to a Flood Insurance Rate Map issued by the Federa l 219
Emergency Management Agency for the purpose of participating in 220
the National Flood Insurance Program if the lowest finished 221
floor elevation of such structure is at or below base flood 222
elevation as established by the Florida Building Code or a 223
higher base flood elevation as may be required by local 224
ordinance, whichever is higher, provided that such permit 225
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otherwise complies with all applicable Florida Building Code, 226
Florida Fire Prevention Code, and Life Safety Code requirements, 227
or local amendments theret o. 228
(b) An application for a demolition permit sought under 229
this subsection may only be reviewed administratively for 230
compliance with the Florida Building Code, the Florida Fire 231
Prevention Code, and the Life Safety Code, or local amendments 232
thereto, and any regulations applicable to a similarly situated 233
parcel. Applications may not be subject to any additional local 234
land development regulations or public hearings. A local 235
government may not penalize a private property owner for a 236
demolition that is in comp liance with the demolition permit. 237
(c) If a single-family residential structure is demolished 238
pursuant to a demolition permit, a local government may not 239
impose additional regulatory or building requirements on the new 240
single-family residential structure constructed on the site of 241
the demolished structure which would not otherwise be applicable 242
to a similarly situated vacant parcel. 243
(d) This subsection does not apply to any of the 244
following: 245
1. A structure designated on the National Register of 246
Historic Places. 247
2. A privately owned single -family residential structure 248
designated historic by a local, state, or federal governmental 249
agency on or before January 1, 2022. 250
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3. A privately owned single -family residential structure 251
designated historic after January 1, 2022, by a local, state, or 252
federal governmental agency with the consent of its owner. 253
Section 4. Paragraph (f) of subsection (1), paragraph (b) 254
of subsection (2), and subsection (13) of section 553.791, 255
Florida Statutes, are amended, and paragraph (c) is added to 256
subsection (2) of that section, to read: 257
553.791 Alternative plans review and inspection. — 258
(1) As used in this section, the term: 259
(f) "Duly authorized representative" means an agent of the 260
private provider identified in the permit application who 261
reviews plans or performs inspections as provided by this 262
section and who is licensed as an engineer under chapter 471 or 263
as an architect under chapter 481 or who holds a standard or 264
provisional certificate under part XII of chapter 468. A duly 265
authorized representative who only holds a provisional 266
certificate under part XII of chapter 468 must be under the 267
direct supervision of a person licensed as a building code 268
administrator under part XII of cha pter 468. 269
(2) 270
(b) If an owner or contractor retains a private provider 271
for purposes of plans review or building inspection services, 272
the local jurisdiction must reduce the permit fee by the amount 273
of cost savings realized by the local enforcement agency for not 274
having to perform such services. Such reduction may be 275
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calculated on a flat fee or percentage basis, or any other 276
reasonable means by which a local enforcement agency assesses 277
the cost for its plans review or inspection services. The local 278
jurisdiction may not charge fees for building inspections if the 279
fee owner or contractor hires a private provider to perform such 280
services; however, the local jurisdiction may charge a 281
reasonable administrative fee , which shall be based on the cost 282
that is actually incurred, including the labor cost of the 283
personnel providing the service, by the local jurisdiction or 284
attributable to the local jurisdiction for the clerical and 285
supervisory assistance required, or both . 286
(c) If an owner or a contractor retains a pri vate provider 287
for purposes of plans review or building inspection services, 288
the local jurisdiction must provide equal access to all 289
permitting and inspection documents and reports to the private 290
provider, owner, and contractor if such access is provided by 291
software that protects exempt records from disclosure. 292
(13)(a) No more than 10 2 business days, or if the permit 293
is related to single -family or two-family dwellings then no more 294
than 2 business days, after receipt of a request for a 295
certificate of occup ancy or certificate of completion and the 296
applicant's presentation of a certificate of compliance and 297
approval of all other government approvals required by law, 298
including the payment of all outstanding fees, the local 299
building official shall issue the cer tificate of occupancy or 300
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certificate of completion or provide a notice to the applicant 301
identifying the specific deficiencies, as well as the specific 302
code chapters and sections. 303
(b) If the local building official does not provide notice 304
of the deficiencies within the applicable time periods under 305
paragraph (a) prescribed 2-day period, the request for a 306
certificate of occupancy or certificate of completion is 307
automatically shall be deemed granted and deemed the certificate 308
of occupancy or certificate of c ompletion shall be issued as of 309
by the local building official on the next business day. The 310
local building official must provide the applicant with the 311
written certificate of occupancy or certificate of completion 312
within 10 days after it is automatically granted and issued. To 313
resolve any identified deficiencies, the applicant may elect to 314
dispute the deficiencies pursuant to subsection (14) or to 315
submit a corrected request for a certificate of occupancy or 316
certificate of completion. 317
Section 5. Subsection (1) of section 553.792, Florida 318
Statutes, is amended to read: 319
553.792 Building permit application to local government. — 320
(1)(a) Within 10 days of an applicant submitting an 321
application to the local government, the local government shall 322
advise the applicant what information, if any, is needed to deem 323
the application properly completed in compliance with the filing 324
requirements published by the local government. If the local 325
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government does not provide written notice that the applicant 326
has not submitted the properly completed application, the 327
application shall be automatically deemed properly completed and 328
accepted. Within 45 days after receiving a completed 329
application, a local government must notify an applicant if 330
additional information is required for the local government to 331
determine the sufficiency of the application, and shall specify 332
the additional information that is required. The applicant must 333
submit the additional information to the local government or 334
request that the local government act w ithout the additional 335
information. While the applicant responds to the request for 336
additional information, the 120 -day period described in this 337
subsection is tolled. Both parties may agree to a reasonable 338
request for an extension of time, particularly in t he event of a 339
force majeure or other extraordinary circumstance. The local 340
government must approve, approve with conditions, or deny the 341
application within 120 days following receipt of a completed 342
application. 343
(b)1. When reviewing an application for a b uilding permit, 344
a local government may not request additional information from 345
the applicant more than three times, unless the applicant waives 346
such limitation in writing. 347
2. If a local government requests additional information 348
from an applicant and the applicant submits the requested 349
additional information to the local government within 30 days 350
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after receiving the request, the local government must, within 351
15 days after receiving such information: 352
a. Determine if the application is properly completed; 353
b. Approve the application; 354
c. Approve the application with conditions; 355
d. Deny the application; or 356
e. Advise the applicant of information, if any, that is 357
needed to deem the application properly completed or to 358
determine the sufficiency of the ap plication. 359
3. If a local government makes a second request for 360
additional information from the applicant and the applicant 361
submits the requested additional information to the local 362
government within 30 days after receiving the request, the local 363
government must, within 10 days after receiving such 364
information: 365
a. Determine if the application is properly completed; 366
b. Approve the application; 367
c. Approve the application with conditions; 368
d. Deny the application; or 369
e. Advise the applicant of inform ation, if any, that is 370
needed to deem the application properly completed or to 371
determine the sufficiency of the application. 372
4. Before a third request for additional information may 373
be made, the applicant must be offered an opportunity to meet 374
with the local government to attempt to resolve outstanding 375
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issues. If a local government makes a third request for 376
additional information from the applicant and the applicant 377
submits the requested additional information to the local 378
government within 30 days after receiving the request, the local 379
government must, within 10 days after receiving such information 380
unless the applicant waived the local government's limitation in 381
writing, determine that the application is complete and: 382
a. Approve the application; 383
b. Approve the application with conditions; or 384
c. Deny the application. 385
5. If the applicant believes the request for additional 386
information is not authorized by ordinance, rule, statute, or 387
other legal authority, the local government, at the applicant's 388
request, must process the application and either approve the 389
application, approve the application with conditions, or deny 390
the application. 391
(c)(b) If a local government fails to meet a deadline 392
provided in paragraphs (a) and (b) paragraph (a), it must reduce 393
the building permit fee by 10 percent for each business day that 394
it fails to meet the deadline. Each 10 -percent reduction shall 395
be based on the original amount of the building permit fee, 396
unless the parties agree to an extension of time. 397
Section 6. Paragraph (a) of subsection (7) of section 398
553.80, Florida Statutes, is amended to read: 399
553.80 Enforcement. — 400
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(7)(a) The governing bodies of local governments may 401
provide a schedule of reasonable fees, as authorized by s. 402
125.56(2) or s. 166.222 and this section, for enforcing this 403
part. These fees, and any fines or investment earnings related 404
to the fees, shall be used solely for carrying out the local 405
government's responsibilities in enforcing the Florida Building 406
Code. When providing a schedule of reasonable fees, the total 407
estimated annual revenue derived from fees, and the fines and 408
investment earnings related to the fees, may not exceed the 409
total estimated annual costs of allowable activities. Any 410
unexpended balances must shall be carried forward to future 411
years for allowable activities or must shall be refunded at the 412
discretion of the local government. A local government may not 413
carry forward an amount exceeding the average of its operating 414
budget for enforcing the Florida Bui lding Code for the previous 415
4 fiscal years. For purposes of this subsection, the term 416
"operating budget" does not include reserve amounts. Any amount 417
exceeding this limit must be used as authorized in subparagraph 418
2. However, a local government that which established, as of 419
January 1, 2019, a Building Inspections Fund Advisory Board 420
consisting of five members from the construction stakeholder 421
community and carries an unexpended balance in excess of the 422
average of its operating budget for the previous 4 fisc al years 423
may continue to carry such excess funds forward upon the 424
recommendation of the advisory board. The basis for a fee 425
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structure for allowable activities must shall relate to the 426
level of service provided by the local government and must shall 427
include consideration for refunding fees due to reduced services 428
based on services provided as prescribed by s. 553.791, but not 429
provided by the local government. Fees charged must shall be 430
consistently applied. 431
1. As used in this subsection, the phrase "enforc ing the 432
Florida Building Code" includes the direct costs and reasonable 433
indirect costs associated with review of building plans, 434
building inspections, reinspections, and building permit 435
processing; building code enforcement; and fire inspections 436
associated with new construction. The phrase may also include 437
training costs associated with the enforcement of the Florida 438
Building Code and enforcement action pertaining to unlicensed 439
contractor activity to the extent not funded by other user fees. 440
2. A local government must use any excess funds that it is 441
prohibited from carrying forward to rebate and reduce fees, or 442
to pay for the construction of a building or structure that 443
houses a local government's building code enforcement agency or 444
the training programs f or building officials, inspectors, or 445
plans examiners associated with the enforcement of the Florida 446
Building Code. Excess funds used to construct such a building or 447
structure must be designated for such purpose by the local 448
government and may not be carri ed forward for more than 4 449
consecutive years. An owner or builder who has a valid building 450
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permit issued by a local government for a fee, or an association 451
of owners or builders located in the state that has members with 452
valid building permits issued by a local government for a fee, 453
may bring a civil action against the local government that 454
issued the permit for a fee to enforce this subparagraph. 455
3. The following activities may not be funded with fees 456
adopted for enforcing the Florida Building Code: 457
a. Planning and zoning or other general government 458
activities. 459
b. Inspections of public buildings for a reduced fee or no 460
fee. 461
c. Public information requests, community functions, 462
boards, and any program not directly related to enforcement of 463
the Florida Building Code. 464
d. Enforcement and implementation of any other local 465
ordinance, excluding validly adopted local amendments to the 466
Florida Building Code and excluding any local ordinance directly 467
related to enforcing the Florida Building Code as defined i n 468
subparagraph 1. 469
4. A local government must shall use recognized 470
management, accounting, and oversight practices to ensure that 471
fees, fines, and investment earnings generated under this 472
subsection are maintained and allocated or used solely for the 473
purposes described in subparagraph 1. 474
5. The local enforcement agency, independent district, or 475
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special district may not require at any time, including at the 476
time of application for a permit, the payment of any additional 477
fees, charges, or expenses associat ed with: 478
a. Providing proof of licensure under pursuant to chapter 479
489; 480
b. Recording or filing a license issued under pursuant to 481
this chapter; 482
c. Providing, recording, or filing evidence of workers' 483
compensation insurance coverage as required by cha pter 440; or 484
d. Charging surcharges or other similar fees not directly 485
related to enforcing the Florida Building Code. 486
Section 7. This act shall take effect July 1, 2022. 487