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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
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An act relating to building construction; amending s. 2
553.79, F.S.; requiring local building code 3
administrators, plans examiners, or inspectors to 4
provide certain information to the local enforcing 5
agency under certain circumstances; prohibiting local 6
enforcing agencies from making or requiring 7
substantive changes to plans or specifications after a 8
permit has been issued; providing exceptions; 9
requiring local enforcing agencies that require 10
substantive changes to plans or specifications after a 11
permit has been issued to provide certain information 12
to the permitholder in writing; providing that a plans 13
examiner, inspector, or building code administrato r is 14
subject to disciplinary action under certain 15
circumstances; amending s. 633.208, F.S.; requiring 16
local fire officials to provide certain information to 17
a permit applicant if building plans do not comply 18
with the Florida Fire Prevention Code or the Lif e 19
Safety Code; prohibiting a municipality, county, or 20
special district from making or requiring substantive 21
changes to building plans after a permit has been 22
issued; providing exceptions; requiring a local fire 23
official to provide certain information to th e 24
permitholder if a municipality, county, or special 25
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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
district requires substantive changes to building 26
plans after a permit is issued; providing that a local 27
fire official who is a certified firesafety inspector 28
is subject to disciplinary action under cert ain 29
circumstances; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Subsection (2) of section 553.79, Florida 34
Statutes, is amended to read: 35
553.79 Permits; applications; issuance; inspections. — 36
(2)(a)1. Except as provided in subsection (8), an 37
enforcing agency may not issue any permit for construction, 38
erection, alteration, modification, repair, or demolition of any 39
building or structure until the local building code 40
administrator or inspector h as reviewed the plans and 41
specifications required by the Florida Building Code, or local 42
amendment thereto, for such proposal and found the plans to be 43
in compliance with the Florida Building Code. If the local 44
building code administrator or inspector find s that the plans 45
are not in compliance with the Florida Building Code, the local 46
building code administrator or inspector shall identify the 47
specific plan features that do not comply with the applicable 48
codes, identify the specific code chapters and sectio ns upon 49
which the finding is based, and provide this information to the 50
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local enforcing agency. If the building code administrator, 51
plans examiner, or inspector requests another local enforcing 52
agency employee or a person contracted by the local enforcing 53
agency to review the plans and that employee or person 54
identifies specific plan features that do not comply with the 55
applicable codes, the building code administrator, plans 56
examiner, or inspector must provide this information to the 57
local enforcing agency . The local enforcing agency shall provide 58
this information to the permit applicant. 59
2. In addition, An enforcing agency may not issue any 60
permit for construction, erection, alteration, modification, 61
repair, or demolition of any building until the approp riate 62
firesafety inspector certified pursuant to s. 633.216 has 63
reviewed the plans and specifications required by the Florida 64
Building Code, or local amendment thereto, for such proposal and 65
found that the plans comply with the Florida Fire Prevention 66
Code and the Life Safety Code. Any building or structure which 67
is not subject to a firesafety code shall not be required to 68
have its plans reviewed by the firesafety inspector. 69
3. Any building or structure that is exempt from the local 70
building permit proces s may not be required to have its plans 71
reviewed by the local building code administrator. Industrial 72
construction on sites where design, construction, and firesafety 73
are supervised by appropriate design and inspection 74
professionals and which contain adequ ate in-house fire 75
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departments and rescue squads is exempt, subject to local 76
government option, from review of plans and inspections, 77
providing owners certify that applicable codes and standards 78
have been met and supply appropriate approved drawings to loca l 79
building and firesafety inspectors. 80
4. The enforcing agency shall issue a permit to construct, 81
erect, alter, modify, repair, or demolish any building or 82
structure when the plans and specifications for such proposal 83
comply with the Florida Building Code and the Florida Fire 84
Prevention Code and the Life Safety Code as determined by the 85
local authority in accordance with this chapter and chapter 633. 86
(b) After the local enforcing agency issues a permit, the 87
local enforcing agency may not make or require any substantive 88
changes to the plans or specifications except changes required 89
for compliance with the Florida Building Code, the Florida Fire 90
Prevention Code, or the Life Safety Code, or local amendments 91
thereto. If a local enforcing agency makes or requi res 92
substantive changes to the plans or specifications after a 93
permit is issued, the local enforcing agency must identify the 94
specific plan features that do not comply with the applicable 95
codes, identify the specific code chapters and sections upon 96
which the finding is based, and provide the information to the 97
permitholder in writing. 98
(c)1. A plans examiner or inspector who fails to provide 99
the building code administrator with the reasons for making or 100
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requiring substantive changes to the plans or specifi cations is 101
subject to disciplinary action against his or her certificate 102
under s. 468.621(1)(i). 103
2. A building code administrator who fails to provide a 104
permit applicant or permitholder with the reasons for making or 105
requiring substantive changes to the plans or specifications is 106
subject to disciplinary action against his or her certificate 107
under s. 468.621(1)(i). 108
Section 2. Subsection (2) of section 633.208, Florida 109
Statutes, is amended to read: 110
633.208 Minimum firesafety standards. — 111
(2)(a) Pursuant to subsection (1), each municipality, 112
county, and special district with firesafety responsibilities 113
shall enforce the Florida Fire Prevention Code as the minimum 114
firesafety code required by this section. 115
(b) If a municipality, county, or special dist rict 116
determines that the building plans for a building permit 117
application do not comply with the Florida Fire Prevention Code 118
or the Life Safety Code, or local amendments thereto, the local 119
fire official must identify the specific plan features that do 120
not comply with the applicable codes, identify the specific code 121
chapters and sections upon which the determination is based, and 122
provide this information to the permit applicant. 123
(c) After a municipality, county, or special district 124
issues a building permit, it may not make or require any 125
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substantive changes to the building plans except those required 126
for compliance with the Florida Fire Prevention Code or the Life 127
Safety Code, or local amendments thereto. If a municipality, 128
county, or special district makes or requires substantive 129
changes to building plans after a permit is issued, the local 130
fire official must identify the specific plan features that do 131
not comply with the Florida Fire Prevention Code or the Life 132
Safety Code, or local amendments thereto, identify the specific 133
code chapters and sections upon which the finding is based, and 134
provide this information to the permitholder. 135
(d) A local fire official who is also a certified 136
firesafety inspector and who fails to comply with p aragraph (b) 137
or paragraph (c) is subject to disciplinary action against his 138
or her certificate under s. 633.216(5)(f). 139
Section 3. This act shall take effect July 1, 2023. 140