Florida 2022 2022 Regular Session

Florida Senate Bill S0644 Analysis / Analysis

Filed 02/02/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Regulated Industries  
 
BILL: CS/CS/SB 644 
INTRODUCER:  Regulated Industries Committee; Community Affairs Committee and Senator Brodeur 
SUBJECT:  Building Regulation 
DATE: February 2, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Hunter Ryon CA Fav/CS 
2. Kraemer Imhof RI Fav/CS 
3.     RC  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/SB 644 provides a number of revisions relating to building inspectors and plans 
reviewers licensure requirements and workforce availability. The bill also makes changes 
relating to transparency and efficiency for private providers and building officials under the 
alternative plans review and inspection process. The bill also addresses the issuance of building 
permits for demolition of certain single-family residences in coastal and flood zone areas. 
 
The bill makes the following changes pertaining to building inspector and plans examiner 
licensure:  
 Provides that a person may sit for the building inspector or plans examiner licensure test by 
completing a four-year internship with a private provider or private provider’s firm and under 
the direct supervision of a licensed architect or engineer. 
 Requires the Florida Building Code Administrators and Inspectors Board (FBCAIB) to adopt 
a rule establishing that partial completion of an internship program may be transferred among 
local jurisdictions, private providers, and private provider firms. 
 Prohibits the FBCAIB 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. 
 
As it relates to private providers, the bill specifies 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. It also defines the “reasonable 
REVISED:   BILL: CS/CS/SB 644   	Page 2 
 
administrative fee” a local government may charge for using a private provider as the actual cost 
incurred. 
 
The bill states that a local law, ordinance, or regulation may not prohibit or otherwise restrict the 
ability of a private property owner to obtain a building permit to demolish any single-family 
residential structure located in certain flood hazard areas according to Flood Insurance Rate 
Maps produced by the Federal Emergency Management Agency (FEMA) under certain 
circumstances. 
 
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. 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. 
 
According to the Department of Business and Professional Regulation (DBPR), the bill does not 
have a fiscal impact on state government.
1
 See Section V, Fiscal Impact Statement. 
 
The bill is effective July 1, 2022. 
II. Present Situation: 
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.
2
  
 
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 
                                                
1
 See Department of Business and Professional Regulation, 2022 Agency Legislative Bill Analysis for SB 644 at p. 4 
(Oct. 28, 2021) (on file with the Senate Committee on Regulated Industries). 
2
 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available 
at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 26, 2022).  BILL: CS/CS/SB 644   	Page 3 
 
local codes on March 1, 2002.
3
 The current edition of the Building Code is the seventh edition, 
which is referred to as the 2020 Florida Building Code.
4
 
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. 
5
 
 
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,
6
 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.
7
 
 
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.
8
 
 
Every local government must enforce the Building Code and issue building permits.
9 
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.
10
 
 
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.
11
 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.
12
 
 
                                                
3
 Id.; DBPR, Building Code Information System, available at: https://floridabuilding.org/c/default.aspx# (last visited 
Jan. 26, 2022). 
4
 Id. 
5
 Section 553.72(1), F.S. 
6
 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, available at https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 26, 2022). 
7
 Sections 553.73, and 553.74, F.S. 
8
 Section 553.72, F.S. 
9
 Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 
10
 Sections 125.56(4)(a), 553.79(1), F.S. 
11
 Section 110 Seventh edition of the Florida Building Code (Building). 
12
 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department, 
Building Division, available at: http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited 
Jan. 26, 2022).  BILL: CS/CS/SB 644   	Page 4 
 
Building Code Administrators and Inspectors and Plans Examiners  
Building officials, inspectors, and plans examiners are regulated by the Florida Building Code 
Administrators and Inspectors Board (FBCAIB) within the DBPR. The FBCAIB consists of nine 
members appointed by the Governor and subjected to confirmation by the Senate.
13
 
 
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.
14
  
 
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 in which the inspector has been licensed. The inspector categories are:
15
 
 Building inspector; 
 Coastal construction inspector; 
 Commercial electrical inspector; 
 Residential electrical inspector; 
 Mechanical inspector; 
 Plumbing inspector; 
 Residential inspector; and 
 Electrical inspector. 
 
During the 2020 Regular 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.
16
 
 
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 plans examiner’s ability to practice is limited to the category or categories 
in which the plans examiner has been licensed. The plans examiner categories are:
17
 
 Building plans examiner; 
 Plumbing plans examiner; 
 Mechanical plans examiner; and 
 Electrical plans examiner. 
 
                                                
13
 Section 468.605, F.S. 
14
 Section 468.603(2), F.S. 
15
 Section 468.603(5), F.S. 
16
 Ch. 2020-160, s. 19, Laws of Fla. 
17
 Section 468.603(8), F.S.  BILL: CS/CS/SB 644   	Page 5 
 
The FBCAIB 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 FBCAIB has created the following voluntary certificates:
18
 
 Residential pool inspector; 
 Commercial pool inspector; 
 Roofing inspector; 
 Modular inspector; 
 Modular plans examiner; and 
 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:
19
 
 Have four years of combined relevant experience; 
 Have three years of combined postsecondary education and relevant experience; 
 Have three years of combined technical education and relevant experience; 
 Complete an approved cross-training program and have at least two years of experience; 
 Hold a standard certificate issued by the FBCAIB or a firesafety inspector license; and 
o Have at least four years of relevant experience as an inspector or plans examiner; 
o Have a minimum of three 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, which may not 
be less than 500 hours; or 
 Complete a four-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 response to the shortage, during 
the 2017 Regular Session, the Legislature created the four-year internship program as an 
additional way to obtain licensure as a plans examiner or inspector.
20
 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:
21
 
 Completing a four-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 one year; 
                                                
18
 See s. 468.609(10), F.S.; Fla. Admin. Code R. 61G19-6.016 (2021) 
19
 Section 468.609(2), F.S. 
20
 Ch. 2017-149, s. 5, Laws of Fla. 
21
 Section 468.609(2), F.S.  BILL: CS/CS/SB 644   	Page 6 
 
 Passing an ICC administered examination in the license category sought; 
 Passing the principles and practice examination before completing the internship program; 
 Passing a FBCAIB-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 FBCAIB to establish by rule that partial completion of the internship 
program may be transferred between jurisdictions.
22
 
 
Currently, the four-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 Licensure 
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 certificate by the FBCAIB. A provisional 
certificate 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 FBCAIB 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 FBCAIB for a provisional certificate that is valid for the duration of the internship.
23
 
 
The FBCAIB may issue provisional certificates 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 
FBCAIB deem necessary to protect the public safety and health.
24
 
 
Private Providers 
In 2002, s. 553.791, F.S., was enacted 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.
25
 
 
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.
26
  
                                                
22
 Section 468.609(10), F.S. 
23
 Section 468.609, F.S.; Fla. Admin. Code R. 61G19-6.012 (2018). 
24
 Id. 
25
 Section 553.791(1)(n) and (3), F.S. 
26
 Section 553.791(2)(b), F.S.  BILL: CS/CS/SB 644   	Page 7 
 
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.”
27
 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.
28
 
 
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.
29
 
 
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.
30
 
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.
31
 
 
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.
32
 
 
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.
33
  
 
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.
34
 
 
                                                
27
 Id. 
28
 Section 553.791(1), (14), and (19), F.S. 
29
 Section 553.791(4)-(5), F.S. 
30
 Section 553.791(6), F.S. 
31
 Section 553.791(7), F.S. 
32
 Section 553.791(9) and (18), F.S. 
33
 Section 553.791(11), F.S. 
34
 Section 553.791(11)-(13), F.S.  BILL: CS/CS/SB 644   	Page 8 
 
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.
35
 
 
Federal Emergency Management Agency Flood Maps 
The Federal Emergency Management Agency (FEMA) is an agency within the United States 
Department of Homeland Security. The FEMA coordinates responses to disasters within the 
United States. The FEMA provides resources and assistance to local and state authorities when a 
disaster overwhelms local response capacities.
36
 
 
The FEMA is responsible for various services related to flood insurance, floodplain 
management, and flood mapping.
37
 The FEMA provides flood hazard and risk data products to 
help set insurance rates for the National Flood Insurance Program (NFIP) and help guide local 
and state governments’ flood mitigation actions.  
 
The National Flood Insurance Program 
The NFIP is a program created by the Congress of the United States in 1968 through the 
National Flood Insurance Act of 1968. The NFIP aims to share the risk of flood losses through 
flood insurance and reduce flood damage by restricting development within floodplains. The 
program enables property owners in participating communities to purchase insurance protection, 
administered by the government, against flooding losses. Participation in the NFIP is limited to 
communities that adopt adequate land use and control measures with effective enforcement 
provisions to reduce flood damages by restricting development in areas exposed to flooding.
38
 
 
Flood Insurance Rate Maps 
The NFIP insurance rates are correlated with the unique flooding risks of a geographic area. To 
facilitate the allocation of insurance rates, the FEMA prepares flood insurance rate maps 
(FIRM). A FIRM is an official map of a community within the United States that displays the 
floodplains, more explicitly particular hazard areas and risk premium zones, as delineated by the 
FEMA.
39
 
 
FIRMs display areas that fall within the 100-year flood boundary, special flood hazard areas, and 
insurance risk zones. FIRMs are used to set insurance rates against the risk of flood and whether 
buildings are insurable at all against flood. Furthermore, towns and municipalities use FIRMs for 
local land use policy and zoning.
40
 
                                                
35
 Id. 
36
 See FEMA, About Us, at https://www.fema.gov/about (last visited Jan. 26, 2022). 
37
 See FEMA, Flood Map, at https://www.fema.gov/flood-maps (last visited Jan. 26, 2022). 
38
 FEMA, Flood Insurance, at: https://www.fema.gov/flood-insurance (last visited Jan 26, 2022). 
39
 FEMA, Flood Insurance Rate Map (FIRM), at https://www.fema.gov/glossary/flood-insurance-rate-map-firm (last visited 
Jan. 26, 2022). 
40
 Id.  BILL: CS/CS/SB 644   	Page 9 
 
III. Effect of Proposed Changes: 
Private Providers 
The bill amends s. 468.603, F.S., to state the term “private provider” has the same meaning as in 
s. 553.791(1)(n), F.S., which states the term means: 
 
[A] person licensed as a building code administrator under part XII of 
chapter 468 [relating to Building Code Administrators and Inspectors], as 
an engineer under chapter 471 [relating to Engineering], or as an architect 
under chapter 481 [relating to Architecture, Interior Design, and 
Landscape Architecture]. For purposes of performing inspections under 
this section for additions and alterations that are limited to 1,000 square 
feet or less to residential buildings, the term “private provider” also 
includes a person who holds a standard certificate under part XII of 
chapter 468 [relating to Building Code Administrators and Inspectors]. 
 
Building Inspector and Plans Examiner Licensure 
The bill amends s. 468.609 F.S., to expand licensing opportunities for building inspectors and 
plans examiners, by allowing a person to sit for the certification test upon completion of a four-
year full-time internship as an inspector or plans examiner with a private provider or private 
provider’s firm that performs the services of a building code inspector or plans examiner, while 
under the direct supervision of the private provider who must be a licensed architect or engineer. 
Current law allows such for internships while employed full-time with a local government and 
under direct supervision of a certified building official.
41
 The bill allows engineers and architects 
to give favorable recommendations to an intern after completion of the internship program. 
 
The bill also directs the FBCAIB to adopt a rule establishing that partial completion of an 
internship program may be transferred among jurisdictions, private providers, and firms of 
private providers. 
 
The bill addresses the special conditions or requirements the FBCAIB may impose when issuing 
provisional certificates for building officials, plans examiners, and building inspectors. The 
FBCAIB may continue to impose special conditions or requirements on a provisional certificate 
to protect the public safety and health, but it may not require an applicant to be employed by a 
municipality, county, or other local government agency. 
 
The bill corrects a scrivener’s error by renaming the “one-family and two-family dwelling” 
training program to the “residential” training program to conform to changes made during the 
2020 Regular Session.
 42 
 
                                                
41
 See s. 468.609((2)(c)(7). 
42
 See ch. 2020-160, s. 19, Laws of Fla.  BILL: CS/CS/SB 644   	Page 10 
 
Building Permits for Demolition 
The bill amends s. 553.79, F.S., to provide that a local government may not prohibit or otherwise 
restrict the ability of a private property owner to obtain a building permit to demolish and replace 
any single-family residential dwelling located in a coastal high hazard area, moderate flood zone, 
or special flood hazard area according to Florida Insurance Rate Maps produced by the Federal 
Emergency Management Agency (FEMA) in support of the National Flood Insurance Program 
(NFIP), if the lowest finished floor elevation of the dwelling is at or below the property’s base 
flood elevation, pursuant to the Florida Building Code (Building Code) or local ordinance, or a 
higher base flood elevation if required by local ordinance. Such a demolition permit may only be 
reviewed administratively for compliance with the Building Code, and is not subject to 
additional land development regulations or a public hearing as a prerequisite for issuance of the 
permit. 
 
Local governments may not impose additional regulatory requirements on the replacement of the 
demolished single-family residential dwelling which would not otherwise be applicable to a 
similarly situated vacant parcel, and may not penalize the owner for such demolition. 
 
Under the bill, the new building permit provisions for demolition of eligible dwellings do not 
apply to any structure designated on the National Register of Historic Places; to any privately 
owned single-family residential structure designated historic by a local, state, or federal 
governmental agency on or before January 1, 2022; or to any privately owned single-family 
residential structure designated historic with the consent of its owner subsequent to such date. 
 
Alternative Plans Review and Inspection 
The bill amends s. 553.791 F.S., to provide 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. 
 
The bill provides that the “reasonable administrative fee” authorized under current law to be 
charged by a local jurisdiction for using a private provider must be based on the cost that is 
actually incurred by the local jurisdiction, including the labor cost of the personnel providing the 
service, by the local jurisdiction or attributable to the local jurisdiction, for the clerical and 
supervisory assistance required, or both. 
 
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 or certificate of completion is 
automatically granted and deemed issued as of the next business day. Under current law, upon 
the failure to provide a notice of deficiencies, the local building official must issue the certificate 
on the next business day. 
 
The bill provides that after the automatic grant and issuance of a certificate of occupancy or 
certificate of completion, the local building official must provide the applicant with a written 
certificate within 10 days thereafter. Under the bill, after the expiration of the 10-day period, the 
permit is deemed closed.  BILL: CS/CS/SB 644   	Page 11 
 
If the local building official determines the permit applicant failed to adhere to the requirements 
for a private provider to provide plans review or building inspection services, the local building 
official may rescind the certificate of occupancy or certificate of completion within 30 days after 
its issuance and provide written notice to the permit applicant and private provider, as applicable, 
as well as the fee owner of the rescinded certificate. The notice must include specific reasons for 
rescinding the certificate and detail how the certificate can be reinstated. The permit must then be 
reopened, and the private provider shall have the opportunity to cure any deficiencies and 
resubmit the application for certificate of occupancy or certificate of completion. 
 
The bill includes technical drafting changes and conforming changes. 
 
The bill provides for an effective date of July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
The bill may provide for more availability of building inspectors and plans reviewers by 
providing additional opportunities for persons to qualify for licensure, which may also 
reduce construction costs and delays.  
 
Private property owners may benefit from fewer regulatory requirements imposed by 
local governments for the demolition and replacement of single family residences located  BILL: CS/CS/SB 644   	Page 12 
 
in a coastal high hazard area, moderate flood zone, or special flood hazard area as 
specified in the bill. 
C. Government Sector Impact: 
The bill may increase costs to local governments by requiring equal access to records for 
private providers, owners, and contractors under the alternative plans review and 
inspection process, however, any costs are likely minimal. 
 
Additionally, the bill may result in a slight reduction of revenues to local governments by 
limiting the amount of an administrative fee a local government may charge when a 
permit holder uses the services of a private provider.  
 
The Department of Business and Professional Regulation expects minimal impact to the 
agency, which can be absorbed with existing resources.
43
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 468.603, 468.609, 
553.791, and 553.79. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Regulated Industries Committee on February 1, 2022: 
The committee substitute revises the title of the bill to “Building Regulation.” 
 
CS by Community Affairs on January 25, 2022:  
 Clarifies that a person may complete a 4-year internship program at a private 
provider’s firm while under the direct supervision of a certified building official or 
licensed engineer architect, and allows engineers and architects to give favorable 
recommendation after completion of the internship program;  
 Provides that a local government may not prohibit or restrict a property owner to 
obtain a building permit to demolish any single-family residential structure located in 
certain flood hazard areas provided that the permit otherwise complies with 
applicable building code requirements; and 
                                                
43
 See Department of Business and Professional Regulation, 2022 Agency Legislative Bill Analysis for SB 644 at p. 6 
(Oct. 28, 2021) (on file with the Senate Committee on Regulated Industries).  BILL: CS/CS/SB 644   	Page 13 
 
 Provides that a building official may rescind a certificate of occupancy or certificate 
of completion within 30 days after issuance for failure to comply, and must provide 
written notice to the applicant, private provider, and the fee owner. The notice must 
include reasons for rescinding the certificate and detail how the certificate can be 
reinstated. A private provider must have the opportunity to cure any deficiencies and 
resubmit the application. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.