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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
553.73, F.S.; requiring the Florida Building 3
Commission to modify provisions in the Florida 4
Building Code relating to replacement windows, doors, 5
or garage doors; providing requirements for such 6
modifications; amending s. 553.79, F.S.; removing 7
provisions relating to acquiring building permits for 8
certain residential dwellings; amending s. 553.79 1, 9
F.S.; defining the term "private provider firm"; 10
revising the timeframes in which local building 11
officials must issue permits or provide certain 12
written notice if certain private providers affix 13
their professional seal to an affidavit; providing 14
requirements for such written notices; deeming a 15
permit application approved under certain 16
circumstances; prohibiting local building code 17
enforcement agency's from auditing the performance of 18
private providers until the local building code 19
enforcement agency crea tes a manual for standard 20
operating audit procedures; providing requirements for 21
such manual; requiring the manual to be publicly 22
available online or printed; requiring certain audit 23
results to be readily accessible; revising how often a 24
private provider may be audited; requiring certain 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
written communication be provided to the private 26
provider or private provider firm under certain 27
circumstances; conforming cross -references; conforming 28
provisions to changes made by the act; amending s. 29
553.792, F.S.; revis ing the timeframes for approving, 30
approving with conditions, or denying certain building 31
permits; prohibiting a local government from requiring 32
a waiver of certain timeframes; requiring local 33
governments to follow the prescribed timeframes unless 34
a local ordinance is more stringent; requiring a local 35
government to provide written notice to an applicant 36
under certain circumstances; revising how many times a 37
local government may request additional information 38
from an applicant; specifying when a permit 39
application is deemed complete and approved; requiring 40
the opportunity for an in -person or virtual meeting 41
before a second request for additional information may 42
be made; requiring a local government to process an 43
application within a specified timeframe without 44
additional information upon written request by the 45
applicant; reducing permit fees by a certain 46
percentage if certain timeframes are not met; 47
providing exceptions; providing construction; 48
conforming provisions to changes made by the act; 49
amending s. 553.80, F.S.; authorizing local 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
governments to use certain fees for certain technology 51
upgrades; creating s. 553.9065, F.S.; providing that 52
certain unvented attic and unvented enclosed rafter 53
assemblies meet the requirements of the Florida 54
Building Code, Energy Conservation; requiring the 55
commission to review and consider certain provisions 56
of law and technical amendments thereto and report its 57
findings to the Legislature by a specified date; 58
amending s. 440.103, F.S.; conforming a cross -59
reference; providing eff ective dates. 60
61
Be It Enacted by the Legislature of the State of Florida: 62
63
Section 1. Paragraph (g) is added to subsection (7) of 64
section 553.73, Florida Statutes, to read: 65
553.73 Florida Building Code. — 66
(7) 67
(g) The commission shall modify sect ion 505 of the Florida 68
Building Code, 8th edition (2023), Existing Building, to state 69
that sealed drawings by a design professional may not be 70
required for the replacement of windows, doors, or garage doors. 71
Replacement windows, doors, and garage doors mus t be 72
installed in accordance with the manufacturer's instructions for 73
the appropriate wind zone and must meet design pressure 74
requirements and the requirements in the most recent version of 75
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the Florida Building Code. A copy of the manufacturer's 76
instructions must be submitted with the permit application for 77
replacement windows, doors, or garage doors. The manufacturer's 78
installation instructions may be printed or in digital format. 79
Section 2. Subsection (16) of section 553.79, Florida 80
Statutes, is amended to read: 81
553.79 Permits; applications; issuance; inspections. — 82
(16) Except as provided in paragraph (e), a building 83
permit for a single-family residential dwelling must be issued 84
within 30 business days after receiving the permit application 85
unless the permit application fails to satisfy the Florida 86
Building Code or the enforcing agency's laws or ordinances. 87
(a) If a local enforcement agency fails to issue a 88
building permit for a single -family residential dwelling within 89
30 business days after rec eiving the permit application, it must 90
reduce the building permit fee by 10 percent for each business 91
day that it fails to meet the deadline. Each 10 -percent 92
reduction shall be based on the original amount of the building 93
permit fee. 94
(b) A local enforcem ent agency does not have to reduce the 95
building permit fee if it provides written notice to the 96
applicant, by e-mail or United States Postal Service, within 30 97
business days after receiving the permit application, that 98
specifically states the reasons the p ermit application fails to 99
satisfy the Florida Building Code or the enforcing agency's laws 100
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or ordinances. The written notice must also state that the 101
applicant has 10 business days after receiving the written 102
notice to submit revisions to correct the perm it application and 103
that failure to correct the application within 10 business days 104
will result in a denial of the application. 105
(c) The applicant has 10 business days after receiving the 106
written notice to address the reasons specified by the local 107
enforcement agency and submit revisions to correct the permit 108
application. If the applicant submits revisions within 10 109
business days after receiving the written notice, the local 110
enforcement agency has 10 business days after receiving such 111
revisions to approve o r deny the building permit unless the 112
applicant agrees to a longer period in writing. If the local 113
enforcement agency fails to issue or deny the building permit 114
within 10 business days after receiving the revisions, it must 115
reduce the building permit fee b y 20 percent for the first 116
business day that it fails to meet the deadline unless the 117
applicant agrees to a longer period in writing. For each 118
additional business day, but not to exceed 5 business days, that 119
the local enforcement agency fails to meet the d eadline, the 120
building permit fee must be reduced by an additional 10 percent. 121
Each reduction shall be based on the original amount of the 122
building permit fee. 123
(d) If any building permit fees are refunded under this 124
subsection, the surcharges provided in s. 468.631 or s. 553.721 125
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must be recalculated based on the amount of the building permit 126
fees after the refund. 127
(e) A building permit for a single -family residential 128
dwelling applied for by a contractor licensed in this state on 129
behalf of a property owner who participates in a Community 130
Development Block Grant –Disaster Recovery program administered 131
by the Department of Economic Opportunity must be issued within 132
15 working days after receipt of the application unless the 133
permit application fails to satisfy the Florida Building Code or 134
the enforcing agency's laws or ordinances. 135
Section 3. Paragraphs (o) through (r) of subsection (1) 136
and subsections (10) through (21) of section 553.791, Florida 137
Statutes, are redesignated as paragr aphs (p) through (s) and 138
subsections (11) through (22), respectively, present paragraph 139
(o) of subsection (1), paragraph (c) of subsection (4), 140
paragraphs (b) and (d) of subsection (7), paragraph (b) of 141
present subsection (13), paragraph (b) of present sub section 142
(16), and present subsection (19) are amended, and a new 143
paragraph (o) is added to subsection (1) and a new subsection 144
(10) is added to that section, to read: 145
553.791 Alternative plans review and inspection. — 146
(1) As used in this section, the te rm: 147
(o) "Private provider firm" means a business organization, 148
including a corporation, partnership, business trust, or other 149
legal entity, which offers services under this chapter to the 150
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public through licensees who are acting as agents, employees, 151
officers, or partners of the firm. A person who is licensed as a 152
building code administrator under part XII of chapter 468, an 153
engineer under chapter 471, or an architect under chapter 481 154
may act as a private provider for an agent, employee, or officer 155
of the private provider firm. 156
(p)(o) "Request for certificate of occupancy or 157
certificate of completion" means a properly completed and 158
executed application for: 159
1. A certificate of occupancy or certificate of 160
completion. 161
2. A certificate of compliance fro m the private provider 162
required under subsection (13) (12). 163
3. Any applicable fees. 164
4. Any documents required by the local building official 165
to determine that the fee owner has secured all other government 166
approvals required by law. 167
(4) A fee owner or the fee owner's contractor using a 168
private provider to provide building code inspection services 169
shall notify the local building official in writing at the time 170
of permit application, or by 2 p.m. local time, 2 business days 171
before the first scheduled in spection by the local building 172
official or building code enforcement agency that a private 173
provider has been contracted to perform the required inspections 174
of construction under this section, including single -trade 175
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inspections, on a form to be adopted by t he commission. This 176
notice shall include the following information: 177
(c) An acknowledgment from the fee owner or the fee 178
owner's contractor in substantially the following form: 179
180
I have elected to use one or more private providers to 181
provide building code plans review and/or inspection 182
services on the building or structure that is the 183
subject of the enclosed permit application, as 184
authorized by s. 553.791, Florida Statutes. I 185
understand that the local building official may not 186
review the plans submitted or perform the required 187
building inspections to determine compliance with the 188
applicable codes, except to the extent specified in 189
said law. Instead, plans review and/or required 190
building inspections will be performed by licensed or 191
certified personnel identif ied in the application. The 192
law requires minimum insurance requirements for such 193
personnel, but I understand that I may require more 194
insurance to protect my interests. By executing this 195
form, I acknowledge that I have made inquiry regarding 196
the competence of the licensed or certified personnel 197
and the level of their insurance and am satisfied that 198
my interests are adequately protected. I agree to 199
indemnify, defend, and hold harmless the local 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
government, the local building official, and their 201
building code enforcement personnel from any and all 202
claims arising from my use of these licensed or 203
certified personnel to perform building code 204
inspection services with respect to the building or 205
structure that is the subject of the enclosed permit 206
application. 207
208
If the fee owner or the fee owner's contractor makes any changes 209
to the listed private providers or the services to be provided 210
by those private providers, the fee owner or the fee owner's 211
contractor shall, within 1 business day after any change or 212
within 2 business days before the next scheduled inspection, 213
update the notice to reflect such changes. A change of a duly 214
authorized representative named in the permit application does 215
not require a revision of the permit, and the building code 216
enforcement agency sha ll not charge a fee for making the change. 217
(7) 218
(b) If the local building official provides a written 219
notice of plan deficiencies to the permit applicant within the 220
prescribed 20-day period, the 20-day period shall be tolled 221
pending resolution of the mat ter. To resolve the plan 222
deficiencies, the permit applicant may elect to dispute the 223
deficiencies pursuant to subsection (15) (14) or to submit 224
revisions to correct the deficiencies. 225
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(d) If the local building official provides a second 226
written notice of plan deficiencies to the permit applicant 227
within the prescribed time period, the permit applicant may 228
elect to dispute the deficiencies pursuant to subsection (15) 229
(14) or to submit additional revisions to correct the 230
deficiencies. For all revisions submit ted after the first 231
revision, the local building official has an additional 5 232
business days from the date of resubmittal to issue the 233
requested permit or to provide a written notice to the permit 234
applicant stating which of the previously identified plan 235
features remain in noncompliance with the applicable codes, with 236
specific reference to the relevant code chapters and sections. 237
(10) If the private provider is a person licensed as an 238
engineer under chapter 471 or an architect under chapter 481 and 239
affixes his or her professional seal to the affidavit required 240
under subsection (6), the local building official must issue the 241
requested permit or provide a written notice to the permit 242
applicant identifying the specific plan features that do not 243
comply with the applicable codes, as well as the specific code 244
chapters and sections, within 10 business days after receipt of 245
the permit application and affidavit. In such written notice, 246
the local building official must provide with specificity the 247
plan's deficiencies, the reasons the permit application failed, 248
and the applicable codes being violated. If the local building 249
official does not provide specific written notice to the permit 250
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applicant within the prescribed 10 -day period, the permit 251
application is deemed appro ved as a matter of law, and the local 252
building official must issue the permit on the next business 253
day. 254
(14)(13) 255
(b) If the local building official does not provide notice 256
of the deficiencies within the applicable time periods under 257
paragraph (a), the r equest for a certificate of occupancy or 258
certificate of completion is automatically granted and deemed 259
issued as of the next business day. The local building official 260
must provide the applicant with the written certificate of 261
occupancy or certificate of co mpletion within 10 days after it 262
is automatically granted and issued. To resolve any identified 263
deficiencies, the applicant may elect to dispute the 264
deficiencies pursuant to subsection (15) (14) or to submit a 265
corrected request for a certificate of occupan cy or certificate 266
of completion. 267
(17)(16) 268
(b) A local enforcement agency, local building official, 269
or local government may establish, for private providers , 270
private provider firms, and duly authorized representatives 271
working within that jurisdiction, a system of registration to 272
verify compliance with the licensure requirements of paragraph 273
(1)(n) and the insurance requirements of subsection (18) (17). 274
(20)(19) A Each local building code enforcement agency may 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
not audit the performance of building code inspection services 276
by private providers operating within the local jurisdiction 277
until the local building code enforcement agency has created a 278
manual for standard operating audit procedures for the local 279
building code enforcement agency's internal inspect ion and 280
review staff, which includes, at a minimum, the purpose and 281
scope of the audit, the audit criteria, an explanation of audit 282
processes and objections, and detailed findings of areas of 283
noncompliance. The manual must be publicly available online or 284
the printed manual must be readily accessible in building 285
department offices. The staff's audit results from the previous 286
two quarters must be publicly available. The local building code 287
enforcement agency's private provider audit processes must 288
adhere to the local building code enforcement agency's posted 289
standard operating audit procedures . However, The same private 290
provider or private provider firm may not be audited more than 291
four times in a year month unless the local building official 292
determines a condition of a building constitutes an immediate 293
threat to public safety and welfare , which must be communicated 294
in writing to the private provider or private provider firm . 295
Work on a building or structure may proceed after inspection and 296
approval by a private provider . if the provider has given notice 297
of the inspection pursuant to subsection (9) and, subsequent to 298
such inspection and approval, The work may shall not be delayed 299
for completion of an inspection audit by the local building 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
enforcement agency. 301
Section 4. Subsections (1) and (2) of section 553.792, 302
Florida Statutes, are amended to read: 303
553.792 Building permit application to local government. — 304
(1)(a) A local government must approve, approve with 305
conditions, or deny a building permit application after receipt 306
of a completed and sufficient application within the following 307
timeframes, unless the applicant waives such timeframes in 308
writing: 309
1. Within 30 business days after receiving a complete and 310
sufficient application, for an applicant using a local 311
government plans reviewer to obtain the following building 312
permits if the structure is less than 7,500 square feet: 313
residential units, including a single -family residential unit or 314
a single-family residential dwelling, accessory structure, 315
alarm, electrical, irrigation, landscaping, mechanical, 316
plumbing, or roofing. 317
2. Within 60 business days after receiving a complete and 318
sufficient application, for an applicant using a local 319
government plans reviewer to obtain the following building 320
permits if the structure is 7,500 square feet or more: 321
residential units, including a single -family residential unit or 322
a single-family residential dwelling, accessory structure, 323
alarm, electrical, irrigation, landscaping, mechanical, 324
plumbing, or roofing. 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
3. Within 60 business days after receiving a complete and 326
sufficient application, for an applicant using a local 327
government plans reviewer to obtain the following building 328
permits: signs or nonresidential buildings that are less than 329
25,000 square feet. 330
4. Within 60 business days after receiving a complete and 331
sufficient application, for an applicant using a local 332
government plans reviewer to obtain the following building 333
permits: multifamily residential, not exceeding 50 units. 334
5. Within 10 business days after receiving a complete and 335
sufficient application, for an applicant using a master building 336
permit consistent with s. 553.794 to obtain a site -specific 337
building permit. 338
6. Within 10 business days after receivin g a complete and 339
sufficient application, for an applicant for a single -family 340
residential dwelling applied for by a contractor licensed in 341
this state on behalf of a property owner who participates in a 342
Community Development Block Grant -Disaster Recovery pr ogram 343
administered by the Department of Commerce, unless the permit 344
application fails to satisfy the Florida Building Code or the 345
enforcing agency's laws or ordinances. 346
347
However, the local government may not require the waiver of the 348
timeframes in this sec tion as a condition precedent to reviewing 349
an applicant's building permit application. 350
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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
(b) A local government must meet the timeframes set forth 351
in this section for reviewing building permit applications 352
unless the timeframes set by local ordinance are m ore stringent 353
than those prescribed in this section. 354
(c) After Within 10 days of an applicant submits 355
submitting an application to the local government, the local 356
government must provide written notice to the applicant within 5 357
business days after receip t of the application advising shall 358
advise the applicant what information, if any, is needed to deem 359
or determine that the application is properly completed in 360
compliance with the filing requirements published by the local 361
government. If the local governme nt does not provide timely 362
written notice that the applicant has not submitted a the 363
properly completed application, the application is shall be 364
automatically deemed or determined to be properly completed and 365
accepted. 366
(d)1. Within 10 business 45 days after providing written 367
notice to the applicant that his or her application is properly 368
completed or upon receipt of any information needed to deem the 369
application complete receiving a completed application , a local 370
government must provide written notice to notify an applicant if 371
additional information is required for the local government to 372
determine the sufficiency of the application, and the notice 373
must shall specify the additional information that is required. 374
The applicant may must submit the additional information to the 375
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local government or request that the local government act 376
without the additional information. When reviewing an 377
application for a building permit, a local government may not 378
request additional information from the applicant more than two 379
times unless the applicant waives such limitation in writing. 380
The local government's second request for information must be 381
made within 10 business days after the local government receives 382
the additional information indicated in the first request. The 383
local government must determine the sufficiency of the 384
application within 10 business days after receiving the 385
additional information from a second request. If the local 386
government does not provide to the applicant timely written 387
notice that the applicant must submit additional information to 388
determine whether the application is sufficient, the application 389
is automatically deemed or determined to be sufficient. 390
2. Before a second request for additional information may 391
be made, the local government must offer the applicant an 392
opportunity to meet in person or virtually with the local 393
government to attempt to resolve outstanding issues. 394
3. If an applicant believes a request for additional 395
information is not authorized by ordinance, rule, statute, or 396
other legal authority, the local government, at the applicant's 397
written request, must process the application within 10 business 398
days after receipt of such request and approve the application, 399
approve the application with conditions, or deny t he application 400
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and provide the applicant with sufficient reason for such 401
denial. While the applicant responds to the request for 402
additional information, the 120 -day period described in this 403
subsection is tolled. Both parties may agree to a reasonable 404
request for an extension of time, particularly in the event of a 405
force majeure or other extraordinary circumstance. The local 406
government must approve, approve with conditions, or deny the 407
application within 120 days following receipt of a completed 408
application. 409
(e) A local government shall maintain on its website a 410
policy containing procedures and expectations for expedited 411
processing of those building permits and development orders 412
required by law to be expedited. 413
(b)1. When reviewing an application for a b uilding permit, 414
a local government may not request additional information from 415
the applicant more than three times, unless the applicant waives 416
such limitation in writing. 417
2. If a local government requests additional information 418
from an applicant and the applicant submits the requested 419
additional information to the local government within 30 days 420
after receiving the request, the local government must, within 421
15 days after receiving such information: 422
a. Determine if the application is properly completed; 423
b. Approve the application; 424
c. Approve the application with conditions; 425
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d. Deny the application; or 426
e. Advise the applicant of information, if any, that is 427
needed to deem the application properly completed or to 428
determine the sufficiency of the ap plication. 429
3. If a local government makes a second request for 430
additional information from the applicant and the applicant 431
submits the requested additional information to the local 432
government within 30 days after receiving the request, the local 433
government must, within 10 days after receiving such 434
information: 435
a. Determine if the application is properly completed; 436
b. Approve the application; 437
c. Approve the application with conditions; 438
d. Deny the application; or 439
e. Advise the applicant of inform ation, if any, that is 440
needed to deem the application properly completed or to 441
determine the sufficiency of the application. 442
4. Before a third request for additional information may 443
be made, the applicant must be offered an opportunity to meet 444
with the local government to attempt to resolve outstanding 445
issues. If a local government makes a third request for 446
additional information from the applicant and the applicant 447
submits the requested additional information to the local 448
government within 30 days after receiving the request, the local 449
government must, within 10 days after receiving such information 450
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unless the applicant waived the local government's limitation in 451
writing, determine that the application is complete and: 452
a. Approve the application; 453
b. Approve the application with conditions; or 454
c. Deny the application. 455
5. If the applicant believes the request for additional 456
information is not authorized by ordinance, rule, statute, or 457
other legal authority, the local government, at the applicant's 458
request, must process the application and either approve the 459
application, approve the application with conditions, or deny 460
the application. 461
(f)(c) If a local government fails to meet a deadline 462
under this subsection provided in paragraphs (a) and (b) , it 463
must reduce the building permit fee by 10 percent for each 464
business day that it fails to meet the deadline , unless the 465
parties agree in writing to a reasonable extension of time, the 466
delay is caused by the applicant, or the delay is attributable 467
to a force majeure or other extraordinary circumstances . Each 468
10-percent reduction shall be based on the original amount of 469
the building permit fee, unless the parties agree to an 470
extension of time. 471
(2)(a) The procedures set forth in subsection (1) apply to 472
the following building permit applications: accessory structure; 473
alarm permit; nonresidential buildings less than 25,000 square 474
feet; electric; irrigation permit; landscaping; mechanical; 475
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plumbing; residential units other than a single family unit; 476
multifamily residential not exceeding 50 units; roofing; signs; 477
site-plan approvals and subdivision plats not requiring public 478
hearings or public notice; and lot grading and site alteration 479
associated with the permit application set forth in this 480
subsection. The proce dures set forth in subsection (1) do not 481
apply to permits for any wireless communications facilities or 482
when a law, agency rule, or local ordinance specify different 483
timeframes for review of local building permit applications . 484
(b) If A local government h as different timeframes than 485
the timeframes set forth in subsection (1) for reviewing 486
building permit applications described in paragraph (a), the 487
local government must meet the deadlines established by local 488
ordinance. If a local government does not meet an established 489
deadline to approve, approve with conditions, or deny an 490
application, it must reduce the building permit fee by 10 491
percent for each business day that it fails to meet the 492
deadline. Each 10-percent reduction shall be based on the 493
original amount of the building permit fee, unless the parties 494
agree to an extension of time. This paragraph does not apply to 495
permits for any wireless communications facilities. 496
Section 5. Paragraph (a) of subsection (7) of section 497
553.80, Florida Statutes, is am ended to read: 498
553.80 Enforcement. — 499
(7)(a) The governing bodies of local governments may 500
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provide a schedule of reasonable fees, as authorized by s. 501
125.56(2) or s. 166.222 and this section, for enforcing this 502
part. These fees, and any fines or investme nt earnings related 503
to the fees, may only shall be used solely for carrying out the 504
local government's responsibilities in enforcing the Florida 505
Building Code. When providing a schedule of reasonable fees, the 506
total estimated annual revenue derived from fe es, and the fines 507
and investment earnings related to the fees, may not exceed the 508
total estimated annual costs of allowable activities. Any 509
unexpended balances must be carried forward to future years for 510
allowable activities or must be refunded at the disc retion of 511
the local government. A local government may not carry forward 512
an amount exceeding the average of its operating budget for 513
enforcing the Florida Building Code for the previous 4 fiscal 514
years. For purposes of this subsection, the term "operating 515
budget" does not include reserve amounts. Any amount exceeding 516
this limit must be used as authorized in subparagraph 2. 517
However, a local government that established, as of January 1, 518
2019, a Building Inspections Fund Advisory Board consisting of 519
five members from the construction stakeholder community and 520
carries an unexpended balance in excess of the average of its 521
operating budget for the previous 4 fiscal years may continue to 522
carry such excess funds forward upon the recommendation of the 523
advisory board. The basis for a fee structure for allowable 524
activities must relate to the level of service provided by the 525
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local government and must include consideration for refunding 526
fees due to reduced services based on services provided as 527
prescribed by s. 553.791, bu t not provided by the local 528
government. Fees charged must be consistently applied. 529
1. As used in this subsection, the phrase "enforcing the 530
Florida Building Code" includes the direct costs and reasonable 531
indirect costs associated with review of building plans, 532
building inspections, reinspections, and building permit 533
processing; building code enforcement; and fire inspections 534
associated with new construction. The phrase may also include 535
training costs associated with the enforcement of the Florida 536
Building Code and enforcement action pertaining to unlicensed 537
contractor activity to the extent not funded by other user fees. 538
2. A local government must use any excess funds that it is 539
prohibited from carrying forward to rebate and reduce fees, to 540
upgrade technology hardware and software systems to enhance 541
service delivery, or to pay for the construction of a building 542
or structure that houses a local government's building code 543
enforcement agency, or for the training programs for building 544
officials, inspectors, o r plans examiners associated with the 545
enforcement of the Florida Building Code. Excess funds used to 546
construct such a building or structure must be designated for 547
such purpose by the local government and may not be carried 548
forward for more than 4 consecuti ve years. An owner or builder 549
who has a valid building permit issued by a local government for 550
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a fee, or an association of owners or builders located in the 551
state that has members with valid building permits issued by a 552
local government for a fee, may brin g a civil action against the 553
local government that issued the permit for a fee to enforce 554
this subparagraph. 555
3. The following activities may not be funded with fees 556
adopted for enforcing the Florida Building Code: 557
a. Planning and zoning or other genera l government 558
activities. 559
b. Inspections of public buildings for a reduced fee or no 560
fee. 561
c. Public information requests, community functions, 562
boards, and any program not directly related to enforcement of 563
the Florida Building Code. 564
d. Enforcement and implementation of any other local 565
ordinance, excluding validly adopted local amendments to the 566
Florida Building Code and excluding any local ordinance directly 567
related to enforcing the Florida Building Code as defined in 568
subparagraph 1. 569
4. A local government must use recognized management, 570
accounting, and oversight practices to ensure that fees, fines, 571
and investment earnings generated under this subsection are 572
maintained and allocated or used solely for the purposes 573
described in subparagraph 1. 574
5. The local enforcement agency, independent district, or 575
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special district may not require at any time, including at the 576
time of application for a permit, the payment of any additional 577
fees, charges, or expenses associated with: 578
a. Providing proof of licensure under chapter 489; 579
b. Recording or filing a license issued under this 580
chapter; 581
c. Providing, recording, or filing evidence of workers' 582
compensation insurance coverage as required by chapter 440; or 583
d. Charging surcharges or other similar fees not di rectly 584
related to enforcing the Florida Building Code. 585
Section 6. Effective July 1, 2025, section 553.9065, 586
Florida Statutes, is created to read: 587
553.9065 Thermal efficiency standards for unvented attic 588
and unvented enclosed rafter assemblies. — 589
(1) Unvented attic and unvented enclosed rafter assemblies 590
that are insulated and air sealed with a minimum of R -20 air-591
impermeable insulation meet the requirements of sections R402 of 592
the Florida Building Code, 8th Edition (2023), Energy 593
Conservation, if all of the following apply: 594
(a) The building has a blower door test result of less 595
than 3 ACH50. 596
(b) The building has a positive input ventilation system 597
or a balanced or hybrid whole -house mechanical ventilation 598
system. 599
(c) If the insulation is installed below the roof deck and 600
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the exposed portion of roof rafters is not already covered by 601
the R-20 air-impermeable insulation, the exposed portion of the 602
roof rafters is insulated by a minimum of R -3 air-impermeable 603
insulation unless directly covered by a finished ceiling. Roof 604
rafters are not required to be covered by a minimum of R -3 air-605
impermeable insulation if continuous insulation is installed 606
above the roof deck. 607
(d) All indoor heating, cooling, and ventilation equipment 608
and ductwork is inside the building thermal envelope. 609
(2) The commission shall review and consider this section 610
and any technical changes thereto and report such findings to 611
the Legislature by D ecember 31, 2024. 612
Section 7. Section 440.103, Florida Statutes, is amended 613
to read: 614
440.103 Building permits; identification of minimum 615
premium policy.—Every employer shall, as a condition to applying 616
for and receiving a building permit, show proof a nd certify to 617
the permit issuer that it has secured compensation for its 618
employees under this chapter as provided in ss. 440.10 and 619
440.38. Such proof of compensation must be evidenced by a 620
certificate of coverage issued by the carrier, a valid exemption 621
certificate approved by the department, or a copy of the 622
employer's authority to self -insure and shall be presented, 623
electronically or physically, each time the employer applies for 624
a building permit. As provided in s. 553.79(23) s. 553.79(24), 625
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for the purpose of inspection and record retention, site plans 626
or building permits may be maintained at the worksite in the 627
original form or in the form of an electronic copy. These plans 628
and permits must be open to inspection by the building official 629
or a duly authorized representative, as required by the Florida 630
Building Code. As provided in s. 627.413(5), each certificate of 631
coverage must show, on its face, whether or not coverage is 632
secured under the minimum premium provisions of rules adopted by 633
rating organizations licensed pursuant to s. 627.221. The words 634
"minimum premium policy" or equivalent language shall be typed, 635
printed, stamped, or legibly handwritten. 636
Section 8. Except as otherwise expressly provided in this 637
act and except for this section, which sha ll take effect upon 638
this act becoming a law, this act shall take effect January 1, 639
2025. 640