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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
A bill to be entitled 1
An act relating to building regulations; amending s. 2
399.035, F.S.; revising support rail requirements for 3
elevators; amending s. 468.609, F.S.; providing that 4
an internship program for residential inspectors meets 5
certain eligibility requirements for cert ification as 6
a building code inspector or plans examiner; amending 7
s. 553.73, F.S.; requiring the Florida Building 8
Commission to modify provisions in the Florida 9
Building Code relating to replacement windows, doors, 10
or garage doors in specified existing dw ellings or 11
townhouses; providing requirements for such 12
modifications; defining the term "windborne debris 13
region"; amending s. 553.79, F.S.; removing provisions 14
relating to acquiring building permits for certain 15
residential dwellings; amending s. 553.791, F.S.; 16
revising the timeframes in which local building 17
officials must issue permits or provide certain 18
written notice if certain private providers affix 19
their industry seal to an affidavit; providing 20
requirements for such written notices; deeming a 21
permit application approved under certain 22
circumstances; conforming provisions to changes made 23
by the act; amending s. 553.792, F.S.; revising the 24
timeframes for approving, approving with conditions, 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
or denying certain building permits; prohibiting a 26
local government from requiring a waiver of certain 27
timeframes; requiring local governments to follow the 28
prescribed timeframes unless a local ordinance is more 29
stringent; requiring a local government to provide 30
written notice to an applicant under certain 31
circumstances; revising how many times a local 32
government may request additional information from an 33
applicant; specifying when a permit application is 34
deemed complete and approved; requiring the 35
opportunity for an in -person or virtual meeting before 36
a second request for additional information may be 37
made; requiring a local government to process an 38
application within a specified timeframe without 39
additional information upon written request by the 40
applicant; reducing permit fees by a certain 41
percentage if certain timefr ames are not met; 42
providing exceptions; providing construction; 43
conforming provisions to changes made by the act; 44
amending s. 553.80, F.S.; authorizing local 45
governments to use certain fees for certain technology 46
upgrades; creating s. 553.9065, F.S.; provi ding that 47
certain unvented attic and unvented enclosed rafter 48
assemblies meet the requirements of the Florida 49
Building Code, Energy Conservation; requiring the 50
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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
commission to review and consider certain provisions 51
of law and technical amendments thereto and report its 52
findings to the Legislature by a specified date; 53
amending s. 440.103, F.S.; conforming a cross -54
reference; providing effective dates. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Paragraph (b) of subsection (1) of section 59
399.035, Florida Statutes, is amended to read: 60
399.035 Elevator accessibility requirements for the 61
physically handicapped. — 62
(1) Each elevator, the installation of which is begun 63
after October 1, 1990, must be made accessible to physically 64
handicapped persons with the following requirements: 65
(b) Each elevator car interior must have a support rail on 66
at least one wall. All support rails must be smooth and have no 67
sharp edges and must not be more than 1 1/2 inches thick or 2 68
1/2 inches in diameter. At least one support rail rails must be 69
continuous and a minimum length of 42 inches overall. The inside 70
surface of support rails must be 1 1/2 inches clear of the car 71
wall. The distance from the top of the support rail to the 72
finished car floor must be at least 31 inches and not more than 73
33 inches. Padded or tufted material or decorative materials 74
such as wallpaper, vinyl, cloth, or the like may not be used on 75
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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
support rails. 76
Section 2. Paragraph (c) of subsection (2) of section 77
468.609, Florida Statutes, is amended to read: 78
468.609 Administration of this part; standards for 79
certification; additional categories of certification. — 80
(2) A person may take the examination for certification as 81
a building code inspector or plans examiner pursuant to this 82
part if the person: 83
(c) Meets eligibility requirements according to one of the 84
following criteria: 85
1. Demonstrates 4 years' combined experience in the field 86
of construction or a related field, building code inspection, or 87
plans review correspondin g to the certification category sought; 88
2. Demonstrates a combination of postsecondary education 89
in the field of construction or a related field and experience 90
which totals 3 years, with at least 1 year of such total being 91
experience in construction, bui lding code inspection, or plans 92
review; 93
3. Demonstrates a combination of technical education in 94
the field of construction or a related field and experience 95
which totals 3 years, with at least 1 year of such total being 96
experience in construction, buildin g code inspection, or plans 97
review; 98
4. Currently holds a standard certificate issued by the 99
board or a firesafety inspector license issued under chapter 100
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633, with a minimum of 3 years' verifiable full -time experience 101
in firesafety inspection or firesafet y plan review, and has 102
satisfactorily completed a building code inspector or plans 103
examiner training program that provides at least 100 hours but 104
not more than 200 hours of cross -training in the certification 105
category sought. The board shall establish by r ule criteria for 106
the development and implementation of the training programs. The 107
board must accept all classroom training offered by an approved 108
provider if the content substantially meets the intent of the 109
classroom component of the training program; 110
5. Demonstrates a combination of the completion of an 111
approved training program in the field of building code 112
inspection or plan review and a minimum of 2 years' experience 113
in the field of building code inspection, plan review, fire code 114
inspections and fire plans review of new buildings as a 115
firesafety inspector certified under s. 633.216, or 116
construction. The approved training portion of this requirement 117
must include proof of satisfactory completion of a training 118
program that provides at least 200 hours but not more than 300 119
hours of cross-training that is approved by the board in the 120
chosen category of building code inspection or plan review in 121
the certification category sought with at least 20 hours but not 122
more than 30 hours of instruction in state law s, rules, and 123
ethics relating to professional standards of practice, duties, 124
and responsibilities of a certificateholder. The board shall 125
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coordinate with the Building Officials Association of Florida, 126
Inc., to establish by rule the development and implemen tation of 127
the training program. However, the board must accept all 128
classroom training offered by an approved provider if the 129
content substantially meets the intent of the classroom 130
component of the training program; 131
6. Currently holds a standard certific ate issued by the 132
board or a firesafety inspector license issued under chapter 633 133
and: 134
a. Has at least 4 years' verifiable full -time experience 135
as an inspector or plans examiner in a standard certification 136
category currently held or has a minimum of 4 y ears' verifiable 137
full-time experience as a firesafety inspector licensed under 138
chapter 633. 139
b. Has satisfactorily completed a building code inspector 140
or plans examiner classroom training course or program that 141
provides at least 200 but not more than 300 hours in the 142
certification category sought, except for residential training 143
programs, which must provide at least 500 but not more than 800 144
hours of training as prescribed by the board. The board shall 145
establish by rule criteria for the development and 146
implementation of classroom training courses and programs in 147
each certification category; or 148
7.a. Has completed a 4 -year internship certification 149
program as a building code inspector or plans examiner , 150
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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
including an internship program for residential inspect ors, 151
while also employed full -time by a municipality, county, or 152
other governmental jurisdiction, under the direct supervision of 153
a certified building official. A person may also complete the 154
internship certification program , including an internship 155
program for residential inspectors, while employed full time by 156
a private provider or a private provider's firm that performs 157
the services of a building code inspector or plans examiner, 158
while under the direct supervision of a certified building 159
official. Proof of graduation with a related vocational degree 160
or college degree or of verifiable work experience may be 161
exchanged for the internship experience requirement year -for-162
year, but may reduce the requirement to no less than 1 year. 163
b. Has passed an examinatio n administered by the 164
International Code Council in the certification category sought. 165
Such examination must be passed before beginning the internship 166
certification program. 167
c. Has passed the principles and practice examination 168
before completing the inte rnship certification program. 169
d. Has passed a board -approved 40-hour code training 170
course in the certification category sought before completing 171
the internship certification program. 172
e. Has obtained a favorable recommendation from the 173
supervising building official after completion of the internship 174
certification program. 175
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Section 3. Paragraphs (g) and (h) are added to subsection 176
(7) of section 553.73, Florida Statutes, to read: 177
553.73 Florida Building Code. — 178
(7) 179
(g) The commission shall modify t he Florida Building Code 180
to state that sealed drawings by a design professional are not 181
required for the replacement of windows, doors, or garage doors 182
in an existing one-family or two-family dwelling or townhouse if 183
all of the following conditions are met : 184
1. The replacement windows, doors, or garage doors are 185
installed in accordance with the manufacturer's instructions for 186
the appropriate wind zone. 187
2. The replacement windows, doors, or garage doors meet 188
the design pressure requirements in the most re cent version of 189
the Florida Building Code, Residential. 190
3. A copy of the manufacturer's instructions is submitted 191
with the permit application in a printed or digital format. 192
4. The replacement windows, doors, or garage doors are the 193
same size and are installed in the same opening as the existing 194
windows, doors, or garage doors. 195
(h) The term "windborne debris region" has the same 196
meaning as in the Florida Building Code, 7th Edition (2020) 197
Residential, until the adoption of the 9th Edition of the 198
Florida Building Code. 199
Section 4. Subsection (16) of section 553.79, Florida 200
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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
Statutes, is amended to read: 201
553.79 Permits; applications; issuance; inspections. — 202
(16) Except as provided in paragraph (e), a building 203
permit for a single-family residential d welling must be issued 204
within 30 business days after receiving the permit application 205
unless the permit application fails to satisfy the Florida 206
Building Code or the enforcing agency's laws or ordinances. 207
(a) If a local enforcement agency fails to issue a 208
building permit for a single -family residential dwelling within 209
30 business days after receiving the permit application, it must 210
reduce the building permit fee by 10 percent for each business 211
day that it fails to meet the deadline. Each 10 -percent 212
reduction shall be based on the original amount of the building 213
permit fee. 214
(b) A local enforcement agency does not have to reduce the 215
building permit fee if it provides written notice to the 216
applicant, by e-mail or United States Postal Service, within 30 217
business days after receiving the permit application, that 218
specifically states the reasons the permit application fails to 219
satisfy the Florida Building Code or the enforcing agency's laws 220
or ordinances. The written notice must also state that the 221
applicant has 10 business days after receiving the written 222
notice to submit revisions to correct the permit application and 223
that failure to correct the application within 10 business days 224
will result in a denial of the application. 225
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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
(c) The applicant has 10 business d ays after receiving the 226
written notice to address the reasons specified by the local 227
enforcement agency and submit revisions to correct the permit 228
application. If the applicant submits revisions within 10 229
business days after receiving the written notice, t he local 230
enforcement agency has 10 business days after receiving such 231
revisions to approve or deny the building permit unless the 232
applicant agrees to a longer period in writing. If the local 233
enforcement agency fails to issue or deny the building permit 234
within 10 business days after receiving the revisions, it must 235
reduce the building permit fee by 20 percent for the first 236
business day that it fails to meet the deadline unless the 237
applicant agrees to a longer period in writing. For each 238
additional business d ay, but not to exceed 5 business days, that 239
the local enforcement agency fails to meet the deadline, the 240
building permit fee must be reduced by an additional 10 percent. 241
Each reduction shall be based on the original amount of the 242
building permit fee. 243
(d) If any building permit fees are refunded under this 244
subsection, the surcharges provided in s. 468.631 or s. 553.721 245
must be recalculated based on the amount of the building permit 246
fees after the refund. 247
(e) A building permit for a single -family residential 248
dwelling applied for by a contractor licensed in this state on 249
behalf of a property owner who participates in a Community 250
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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
Development Block Grant –Disaster Recovery program administered 251
by the Department of Economic Opportunity must be issued within 252
15 working days after receipt of the application unless the 253
permit application fails to satisfy the Florida Building Code or 254
the enforcing agency's laws or ordinances. 255
Section 5. Paragraphs (a), (b), and (c) of subsection (7) 256
of section 553.791, Florida S tatutes, are amended to read: 257
553.791 Alternative plans review and inspection. — 258
(7)(a)1. No more than 20 business days after receipt of a 259
permit application and the affidavit from the private provider 260
required pursuant to subsection (6), the local buil ding official 261
shall issue the requested permit or provide a written notice to 262
the permit applicant identifying the specific plan features that 263
do not comply with the applicable codes, as well as the specific 264
code chapters and sections. If the local buildin g official does 265
not provide a written notice of the plan deficiencies within the 266
prescribed 20-day period, the permit application shall be deemed 267
approved as a matter of law, and the permit shall be issued by 268
the local building official on the next busines s day. 269
2. If the private provider is a person licensed as a 270
professional engineer under chapter 471 or an architect under 271
chapter 481 and affixes his or her industry seal to the 272
affidavit required under subsection (6), the local building 273
official must issue the requested permit or provide a written 274
notice to the permit applicant identifying the specific plan 275
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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
features that do not comply with the applicable codes, as well 276
as the specific code chapters and sections, within 10 business 277
days after receipt of the permi t application and affidavit. In 278
such written notice, the local building official must state with 279
specificity the plan's deficiencies, the reasons the permit 280
application failed, and the applicable codes being violated. If 281
the local building official does no t provide specific written 282
notice to the permit applicant within the prescribed 10 -day 283
period, the permit application is deemed approved as a matter of 284
law, and the local building official must issue the permit on 285
the next business day. 286
(b) If the local building official provides a written 287
notice of plan deficiencies to the permit applicant within the 288
prescribed time period in paragraph (a) 20-day period, the time 289
20-day period is shall be tolled pending resolution of the 290
matter. To resolve the plan defic iencies, the permit applicant 291
may elect to dispute the deficiencies pursuant to subsection 292
(14) or to submit revisions to correct the deficiencies. 293
(c) If the permit applicant submits revisions, the local 294
building official has the remainder of the tolled time 20-day 295
period plus 5 business days after from the date of resubmittal 296
to issue the requested permit or to provide a second written 297
notice to the permit applicant stating which of the previously 298
identified plan features remain in noncompliance with th e 299
applicable codes, with specific reference to the relevant code 300
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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
chapters and sections. Any subsequent review by the local 301
building official is limited to the deficiencies cited in the 302
written notice. If the local building official does not provide 303
the second written notice within the prescribed time period, the 304
permit is shall be deemed approved as a matter of law, and the 305
local building official must issue the permit on the next 306
business day. 307
Section 6. Subsections (1) and (2) of section 553.792, 308
Florida Statutes, are amended to read: 309
553.792 Building permit application to local government. — 310
(1)(a) A local government must approve, approve with 311
conditions, or deny a building permit application after receipt 312
of a completed and sufficient application within the following 313
timeframes, unless the applicant waives such timeframes in 314
writing: 315
1. For an applicant using a local government plans 316
reviewer to obtain a building permit, within 30 business days 317
after receiving a complete and sufficient applicatio n. 318
2. For an applicant using a private provider consistent 319
with s. 553.791 to obtain a building permit, within 15 business 320
days after receiving a complete and sufficient application. 321
3. For an applicant for a master plan permit, within 10 322
business days after receiving a complete and sufficient 323
application. 324
4. For an applicant for a single -family residential 325
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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
dwelling applied for by a contractor licensed in this state on 326
behalf of a property owner who participates in a Community 327
Development Block Grant -Disaster Recovery program administered 328
by the Department of Commerce, within 10 business days after 329
receipt of the application unless the permit application fails 330
to satisfy the Florida Building Code or the enforcing agency's 331
laws or ordinances. 332
5. For an applicant for a multifamily residential unit, 333
within 60 business days after receiving a complete and 334
sufficient application. 335
336
If the local government does not approve, approve with 337
conditions, or deny the completed and sufficient application 338
within the required timeframes in this paragraph, the 339
application is deemed or determined to be approved. A local 340
government may not require a waiver of the timeframes in this 341
section as a condition to review an application for a building 342
permit. 343
(b) A local governm ent must meet the timeframes set forth 344
in this section for reviewing building permit applications 345
unless the timeframes set by local ordinance are more stringent 346
than those prescribed in this section. 347
(c) After Within 10 days of an applicant submits 348
submitting an application to the local government, the local 349
government must provide written notice to the applicant within 5 350
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business days after receipt of the application advising shall 351
advise the applicant what information, if any, is needed to deem 352
or determine that the application is properly completed in 353
compliance with the filing requirements published by the local 354
government. If the local government does not provide timely 355
written notice that the applicant has not submitted a the 356
properly completed appl ication, the application is shall be 357
automatically deemed or determined to be properly completed and 358
accepted. 359
(d)1. Within 10 business 45 days after providing written 360
notice to the applicant that his or her application is properly 361
completed or upon rece ipt of any information needed to deem the 362
application complete receiving a completed application , a local 363
government must provide written notice to notify an applicant if 364
additional information is required for the local government to 365
determine the sufficie ncy of the application, and the notice 366
must shall specify the additional information that is required. 367
The applicant may must submit the additional information to the 368
local government or request that the local government act 369
without the additional informat ion. When reviewing an 370
application for a building permit, a local government may not 371
request additional information from the applicant more than two 372
times unless the applicant waives such limitation in writing. 373
The local government's second request for inf ormation must be 374
made within 10 business days after the local government receives 375
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the additional information indicated in the first request. The 376
local government must determine the sufficiency of the 377
application within 10 business days after receiving the 378
additional information from a second request. If the local 379
government does not provide to the applicant timely written 380
notice that the applicant must submit additional information to 381
determine whether the application is sufficient, the application 382
is automatically deemed or determined to be sufficient. 383
2. Before a second request for additional information may 384
be made, the local government must offer the applicant an 385
opportunity to meet in person or virtually with the local 386
government to attempt to resolve outstanding issues. 387
3. If an applicant believes a request for additional 388
information is not authorized by ordinance, rule, statute, or 389
other legal authority, the local government, at the applicant's 390
written request, must process the application within 1 0 business 391
days after receipt of such request and approve the application, 392
approve the application with conditions, or deny the application 393
and provide the applicant with sufficient reason for such 394
denial. While the applicant responds to the request for 395
additional information, the 120 -day period described in this 396
subsection is tolled. Both parties may agree to a reasonable 397
request for an extension of time, particularly in the event of a 398
force majeure or other extraordinary circumstance. The local 399
government must approve, approve with conditions, or deny the 400
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application within 120 days following receipt of a completed 401
application. 402
(e) A local government shall maintain on its website a 403
policy containing procedures and expectations for expedited 404
processing of those building permits and development orders 405
required by law to be expedited. 406
(b)1. When reviewing an application for a building permit, 407
a local government may not request additional information from 408
the applicant more than three times, unless the appl icant waives 409
such limitation in writing. 410
2. If a local government requests additional information 411
from an applicant and the applicant submits the requested 412
additional information to the local government within 30 days 413
after receiving the request, the loc al government must, within 414
15 days after receiving such information: 415
a. Determine if the application is properly completed; 416
b. Approve the application; 417
c. Approve the application with conditions; 418
d. Deny the application; or 419
e. Advise the applican t of information, if any, that is 420
needed to deem the application properly completed or to 421
determine the sufficiency of the application. 422
3. If a local government makes a second request for 423
additional information from the applicant and the applicant 424
submits the requested additional information to the local 425
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government within 30 days after receiving the request, the local 426
government must, within 10 days after receiving such 427
information: 428
a. Determine if the application is properly completed; 429
b. Approve the application; 430
c. Approve the application with conditions; 431
d. Deny the application; or 432
e. Advise the applicant of information, if any, that is 433
needed to deem the application properly completed or to 434
determine the sufficiency of the application. 435
4. Before a third request for additional information may 436
be made, the applicant must be offered an opportunity to meet 437
with the local government to attempt to resolve outstanding 438
issues. If a local government makes a third request for 439
additional information f rom the applicant and the applicant 440
submits the requested additional information to the local 441
government within 30 days after receiving the request, the local 442
government must, within 10 days after receiving such information 443
unless the applicant waived the local government's limitation in 444
writing, determine that the application is complete and: 445
a. Approve the application; 446
b. Approve the application with conditions; or 447
c. Deny the application. 448
5. If the applicant believes the request for additional 449
information is not authorized by ordinance, rule, statute, or 450
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other legal authority, the local government, at the applicant's 451
request, must process the application and either approve the 452
application, approve the application with conditions, or deny 453
the application. 454
(f)(c) If a local government fails to meet a deadline 455
under this subsection provided in paragraphs (a) and (b) , it 456
must reduce the building permit fee by 10 percent for each 457
business day that it fails to meet the deadline , unless the 458
parties agree in writing to a reasonable extension of time, the 459
delay is caused by the applicant, or the delay is attributable 460
to a force majeure or other extraordinary circumstances . Each 461
10-percent reduction shall be based on the original amount of 462
the building permit fee, unless the parties agree to an 463
extension of time. 464
(2)(a) The procedures set forth in subsection (1) apply to 465
the following building permit applications: accessory structure; 466
alarm permit; nonresidential buildings less than 25,000 square 467
feet; electric; irrigation permit; landscaping; mechanical; 468
plumbing; residential units including a single-family 469
residential other than a single family unit or a single-family 470
residential dwelling ; multifamily residential not exceeding 50 471
units; roofing; signs; si te-plan approvals and subdivision plats 472
not requiring public hearings or public notice; and lot grading 473
and site alteration associated with the permit application set 474
forth in this subsection. The procedures set forth in subsection 475
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(1) do not apply to perm its for any wireless communications 476
facilities or when a law, agency rule, or local ordinance 477
specify different timeframes for review of local building permit 478
applications. 479
(b) If A local government has different timeframes than 480
the timeframes set forth in subsection (1) for reviewing 481
building permit applications described in paragraph (a), the 482
local government must meet the deadlines established by local 483
ordinance. If a local government does not meet an established 484
deadline to approve, approve with condi tions, or deny an 485
application, it must reduce the building permit fee by 10 486
percent for each business day that it fails to meet the 487
deadline. Each 10-percent reduction shall be based on the 488
original amount of the building permit fee, unless the parties 489
agree to an extension of time. This paragraph does not apply to 490
permits for any wireless communications facilities. 491
Section 7. Paragraph (a) of subsection (7) of section 492
553.80, Florida Statutes, is amended to read: 493
553.80 Enforcement. — 494
(7)(a) The governing bodies of local governments may 495
provide a schedule of reasonable fees, as authorized by s. 496
125.56(2) or s. 166.222 and this section, for enforcing this 497
part. These fees, and any fines or investment earnings related 498
to the fees, may only shall be used solely for carrying out the 499
local government's responsibilities in enforcing the Florida 500
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Building Code, including upgrading technology hardware and 501
software systems that are used in enforcement . When providing a 502
schedule of reasonable fees, the total est imated annual revenue 503
derived from fees, and the fines and investment earnings related 504
to the fees, may not exceed the total estimated annual costs of 505
allowable activities. Any unexpended balances must be carried 506
forward to future years for allowable activ ities or must be 507
refunded at the discretion of the local government. A local 508
government may not carry forward an amount exceeding the average 509
of its operating budget for enforcing the Florida Building Code 510
for the previous 4 fiscal years. For purposes of t his 511
subsection, the term "operating budget" does not include reserve 512
amounts. Any amount exceeding this limit must be used as 513
authorized in subparagraph 2. However, a local government that 514
established, as of January 1, 2019, a Building Inspections Fund 515
Advisory Board consisting of five members from the construction 516
stakeholder community and carries an unexpended balance in 517
excess of the average of its operating budget for the previous 4 518
fiscal years may continue to carry such excess funds forward 519
upon the recommendation of the advisory board. The basis for a 520
fee structure for allowable activities must relate to the level 521
of service provided by the local government and must include 522
consideration for refunding fees due to reduced services based 523
on services provided as prescribed by s. 553.791, but not 524
provided by the local government. Fees charged must be 525
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consistently applied. 526
1. As used in this subsection, the phrase "enforcing the 527
Florida Building Code" includes the direct costs and reasonable 528
indirect costs associated with review of building plans, 529
building inspections, reinspections, and building permit 530
processing; building code enforcement; and fire inspections 531
associated with new construction. The phrase may also include 532
training costs associated with th e enforcement of the Florida 533
Building Code and enforcement action pertaining to unlicensed 534
contractor activity to the extent not funded by other user fees. 535
2. A local government must use any excess funds that it is 536
prohibited from carrying forward to reb ate and reduce fees, or 537
to pay for the construction of a building or structure that 538
houses a local government's building code enforcement agency or 539
the training programs for building officials, inspectors, or 540
plans examiners associated with the enforcement of the Florida 541
Building Code. Excess funds used to construct such a building or 542
structure must be designated for such purpose by the local 543
government and may not be carried forward for more than 4 544
consecutive years. An owner or builder who has a valid bui lding 545
permit issued by a local government for a fee, or an association 546
of owners or builders located in the state that has members with 547
valid building permits issued by a local government for a fee, 548
may bring a civil action against the local government tha t 549
issued the permit for a fee to enforce this subparagraph. 550
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3. The following activities may not be funded with fees 551
adopted for enforcing the Florida Building Code: 552
a. Planning and zoning or other general government 553
activities. 554
b. Inspections of publ ic buildings for a reduced fee or no 555
fee. 556
c. Public information requests, community functions, 557
boards, and any program not directly related to enforcement of 558
the Florida Building Code. 559
d. Enforcement and implementation of any other local 560
ordinance, excluding validly adopted local amendments to the 561
Florida Building Code and excluding any local ordinance directly 562
related to enforcing the Florida Building Code as defined in 563
subparagraph 1. 564
4. A local government must use recognized management, 565
accounting, and oversight practices to ensure that fees, fines, 566
and investment earnings generated under this subsection are 567
maintained and allocated or used solely for the purposes 568
described in subparagraph 1. 569
5. The local enforcement agency, independent district, or 570
special district may not require at any time, including at the 571
time of application for a permit, the payment of any additional 572
fees, charges, or expenses associated with: 573
a. Providing proof of licensure under chapter 489; 574
b. Recording or filing a li cense issued under this 575
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chapter; 576
c. Providing, recording, or filing evidence of workers' 577
compensation insurance coverage as required by chapter 440; or 578
d. Charging surcharges or other similar fees not directly 579
related to enforcing the Florida Building Code. 580
Section 8. Effective July 1, 2025, section 553.9065, 581
Florida Statutes, is created to read: 582
553.9065 Thermal efficiency standards for unvented attic 583
and unvented enclosed rafter assemblies. — 584
(1) Unvented attic and unvented enclosed rafter assemblies 585
that are insulated and air sealed with a minimum of R -20 air-586
impermeable insulation meet the requirements of sections R402 of 587
the Florida Building Code, 8th Edition (2023), Energy 588
Conservation, if all of the following apply: 589
(a) The building has a blower door test result of less 590
than 3 ACH50. 591
(b) The building has a positive input ventilation system 592
or a balanced or hybrid whole -house mechanical ventilation 593
system. 594
(c) If the insulation is installed below the roof deck and 595
the exposed portion of roof rafters is not already covered by 596
the R-20 air-impermeable insulation, the exposed portion of the 597
roof rafters is insulated by a minimum of R -3 air-impermeable 598
insulation unless directly covered by a finished ceiling. Roof 599
rafters are not require d to be covered by a minimum of R -3 air-600
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impermeable insulation if continuous insulation is installed 601
above the roof deck. 602
(d) All indoor heating, cooling, and ventilation equipment 603
and ductwork is inside the building thermal envelope. 604
(2) The commission shall review and consider this section 605
and any technical changes thereto and report such findings to 606
the Legislature by December 31, 2024. 607
Section 9. Section 440.103, Florida Statutes, is amended 608
to read: 609
440.103 Building permits; identification of minimum 610
premium policy.—Every employer shall, as a condition to applying 611
for and receiving a building permit, show proof and certify to 612
the permit issuer that it has secured compensation for its 613
employees under this chapter as provided in ss. 440.10 and 614
440.38. Such proof of compensation must be evidenced by a 615
certificate of coverage issued by the carrier, a valid exemption 616
certificate approved by the department, or a copy of the 617
employer's authority to self -insure and shall be presented, 618
electronically or physically, each time the employer applies for 619
a building permit. As provided in s. 553.79(23) s. 553.79(24), 620
for the purpose of inspection and record retention, site plans 621
or building permits may be maintained at the worksite in the 622
original form or in t he form of an electronic copy. These plans 623
and permits must be open to inspection by the building official 624
or a duly authorized representative, as required by the Florida 625
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Building Code. As provided in s. 627.413(5), each certificate of 626
coverage must show, on its face, whether or not coverage is 627
secured under the minimum premium provisions of rules adopted by 628
rating organizations licensed pursuant to s. 627.221. The words 629
"minimum premium policy" or equivalent language shall be typed, 630
printed, stamped, or le gibly handwritten. 631
Section 10. Except as otherwise expressly provided in this 632
act and except for this section, which shall take effect upon 633
this act becoming a law , this act shall take effect January 1, 634
2025. 635