This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0267d.COM
DATE: 2/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 267 Building Regulations
SPONSOR(S): Commerce Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Regulatory Reform & Economic Development Subcommittee, Esposito
TIED BILLS: IDEN./SIM. BILLS: SB 684
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
9 Y, 6 N, As CS Wright Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
10 Y, 4 N, As CS Mwakyanjala Darden
3) Commerce Committee 16 Y, 2 N, As CS Wright Hamon
SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building permits.
Current law provides standards and timeframes for local governments to follow for the issuance of building permits.
The bill:
Requires the Florida Building Commission (Commission) to provide an exception relating to sealed
drawings for replacement windows, doors, and garages for one-family and two-family homes.
Requires the Commission to use the 2020 definition of “windborne debris region” for residential use.
Requires a local government to:
o Determine if a building permit application is complete within 5 business days of receiving the
application, previously set at 10 days.
o Determine if a building permit application is sufficient within 10 business days of receiving a
completed application, previously set at 45 days.
o Approve, approve with conditions, or deny a complete and sufficient permit application within the
following timeframes:
30 business days for applicants using local government review, previously set at 120 days;
15 business days for applicants using a private provider, previously set at 120 days; and
10 business days for applicants for a permit under an already-approved master plan permit,
previously set at 120 days.
60 business days for applicants for a multifamily project; previously set at 120 days.
o Review an completed application for sufficiency within 10 business days.
o Provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second
request for additional information may be made.
Provides that a local government can request additional information from an applicant two times, unless the
applicant agrees otherwise, previously set at three times.
Provides an exception to the fee reduction provision when a delay is caused by the applicant or by a force
majeure or other extraordinary circumstance.
Provides that completing an internship program for residential building inspectors is a pathway for
licensure as a residential building inspector.
Reduces the time frame that a local government has to issue a building permit to a private provider who
is a licensed engineer or architect who seals the affidavit, to 10 days after application, from 20 days.
Provides that the Florida Building Commission must review certain standards for unvented attics before
December 31, 2024, and that certain standards will be effective related to such attics on July 1, 2025.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of January 1, 2025. STORAGE NAME: h0267d.COM PAGE: 2
DATE: 2/17/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation – Building Permits
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.
1
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’s commission
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 local codes on March 1, 2002.
2
The current edition of
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code.
3
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.
4
The Florida Building Commission (Commission) was 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,
5
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.
6
Use of Building Code Enforcement Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the
enforcing agency for the issuance of a building permit.
7
Such fees shall be used solely for carrying out
the local government’s responsibilities in enforcing the Building Code.
8
Enforcing the Building Code
includes the direct costs and reasonable indirect costs associated with training, review of building
plans, building inspections, re-inspections, building permit processing, and fire inspections.
9
Local
governments must post all building permit and inspection fee schedules on their website.
10
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 28, 2024).
2
Id.
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2024).
4
See s. 553.72(1), F.S.
5
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,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 28, 2024).
6
S. 553.73(7)(a), F.S.
7
S. 553.80 F.S.
8
Id.
9
S. 553.80(7)(a)1., F.S.
10
Ss.125.56 (4)(c) F.S., and 166.222(2), F.S. STORAGE NAME: h0267d.COM PAGE: 3
DATE: 2/17/2024
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs
in enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated
annual revenue derived from fees, and the fines and investment earnings related to the fees, may not
exceed the total estimated annual costs of allowable activities. Any unexpended balances must be
carried forward to future years for allowable activities or must be refunded at the discretion of the local
government. A local government may not carry forward an amount exceeding the average of its
operating budget, not including reserve amounts, for enforcing the Building Code for the previous 4
fiscal years.
11
DBPR Surcharges
Current law requires all local governments to assess and collect a 1% surcharge on any building permit
issued by their enforcement agency for the purpose of enforcing the Building Code. The local
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
Prevention Code informal interpretations.
12
Current law also requires all local governments to assess and collect a separate 1.5% surcharge on
any building permit issued by their enforcement agency for the purpose of enforcing the Building Code.
The local governments collect the assessment and remit the surcharge fees to DBPR, where it is
divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
and the Florida Homeowners’ Construction Recovery Fund.
13
Local government building departments are permitted to retain 10% of the amount of the surcharges
they collect to fund participation by their agencies in the national and state building code adoption
processes and to provide education related to enforcement of the Building Code.
14
Building Permit Delays
Any delays in obtaining a building permit can delay the completion of a construction project. Delays in
the completion of a construction project may:
15
Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
Result in delayed occupancy of a project, including single-family residences and multi-family
residences.
Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may:
16
11
S. 553.80(7)(a), F.S.
12
S. 553.721, F.S.
13
S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a
covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who
reviews for completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for
review. s. 489.1401(2), F.S.
14
Ss. 468.631, and 553.721, F.S.
15
City of Austin Development Services Department, A Program for Expedited Permitting, http://austintexas.gov/sites/default/files/files/8-
9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 28, 2024); PricewaterhouseCoopers, The Economic Impact of
Accelerating Permit Processes on Local Development and Government Revenues, (Dec. 7, 2005).
16
Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 28, 2024). STORAGE NAME: h0267d.COM PAGE: 4
DATE: 2/17/2024
Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue; and
Encourage economic development by having an efficient permit system.
Building Permit Application Review
Time-Period to Review
Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits:
17
Accessory structure;
Alarm permit;
Nonresidential buildings less than 25,000 square feet;
Electric;
Irrigation permit;
Landscaping;
Mechanical;
Plumbing;
Residential units other than a single-family unit;
Multifamily residential not exceeding 50 units;
Roofing;
Signs;
Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
Lot grading and site alteration associated with the permit application.
When a local government receives an application for one of the above building permits, it must:
18
Complete Application – Inform the applicant within 10 days of receiving the application, what
information, if any, is needed to complete the application.
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
Sufficiency of Application – Notify the applicant within 45 days of the application being
deemed complete, if additional information is necessary to determine the sufficiency of the
application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government within 30
days or request that the local government act on the application without the additional
information.
Approve or Deny Application – Approve, approve with conditions, or deny the application
within 120 days following receipt of the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.
These time-periods do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension.
19
Additional Information Standards
20
17
S. 553.792(2), F.S.
18
S. 553.792(1), F.S.
19
S. 553.792(1)(a), F.S.
20
S. 553.792(1)(b), F.S. STORAGE NAME: h0267d.COM PAGE: 5
DATE: 2/17/2024
A local government may only make three requests for additional information. However, an applicant
may agree in writing to waive the limitation that local governments may only make three requests for
additional information for such permits.
If a local government makes a request for additional information from an applicant for one the above
building permits, and the applicant provides the information within 30 days of receiving the request, the
local government must
21
:
First Request – Review the additional information and determine the application is complete,
approve the application, approve the application with conditions, deny the application, or specify
the remaining deficiencies within 15 days of receiving the information from the applicant, if the
request is the local government’s first request.
Second Request – Review the additional information and determine the application is
complete, approve the application, approve the application with conditions, deny the application,
or specify the remaining deficiencies within 10 days of receiving the information from the
applicant, if the request is the local government’s second request.
Third Request – Deem the application complete and approve the application, approve the
application with conditions, or deny the application within 10 days of receiving the information
from the applicant, if the request is the local government’s third request.
Prior to making a third request for information the local government must offer to meet with the permit
applicant to attempt to resolve outstanding issues.
If the applicant believes the request for additional information is not authorized by ordinance, rule,
statute, or other legal authority, the local government, at the applicant’s request, shall proceed to
process the application for approval, approval with conditions, or denial.
Fee Reductions for Failure to Meet Timeframes
If a local government fails to meet these deadlines it must reduce the building permit fee by 10% for
each business day that it fails to meet the deadline. However, these time limitations do not apply when
a law, agency rule, or local ordinance specifies different timeframes for review of local building permit
applications, for permits for wireless communication facilities, or when both parties agree to an
extension.
If any permit fees are refunded because a local government fails to meet an established deadline for
reviewing a building permit application, the Department of Business and Professional Regulation
(DBPR) surcharges for funding the Commission, the Florida Building Code Administrators and
Inspectors Board (BCAIB), and the Florida Homeowners’ Recovery Fund must be recalculated based
on the amount of the permit fees after the refund.
22
Time-Period to Review Single-Family Residential Dwelling Building Permit Applications
Single-family residential dwelling permits must be issued within:
30 business days of receiving the application, unless the application fails to satisfy the Building
Code or the enforcing agency’s laws or ordinances, or unusual circumstances require a longer
time-period for processing the application.
23
If the local enforcing agency does not issue a building permit for a single-family residential
dwelling, within 30 business days after receiving the permit application, it must reduce the
building permit fee by 10% for each business day that it fails to meet the deadline. Each 10%
reduction is based on the original amount of the building permit fee.
The enforcing agency does not have to reduce the building permit fee if it provides notice to the
applicant, by e-mail or United States Postal Service, within 30 business days after receiving
21
Id.
22
S. 553.79(16)(d), F.S.
23
S. 553.79(16), F.S. STORAGE NAME: h0267d.COM PAGE: 6
DATE: 2/17/2024
the permit application, that specifically states the reasons the permit application fails to satisfy
the Building Code or the enforcing agency’s laws or ordinances.
24
After receiving the written notice, the applicant has 10 business days to correct the
specifications written by the local enforcing agency and submit revisions to correct the permit
application.
If the applicant submits the revisions within 10 business days, the local enforcing agency has 10
business days after receiving such revisions to approve or deny the building permit unless the
applicant agrees to a longer permit in writing.
25
If a government entity fails to approve or deny the single-family residential dwelling building permit
within 10 business days of receiving the applicant’s revisions, it must:
26
Reduce the permit fee by 20% of the original permit fee for the first business day that it fails to
meet the deadline; and
An additional 10% of the original permit fee for each business day that it fails to meet the
deadline, for up to five business days.
A government entity does not have to reduce the fee for a single-family residential dwelling building
permit, if:
27
It provides written notice to the applicant, by email or USPS mail within 30 business days of
receiving the application; and
The written notice specifically states how the application fails to satisfy the Building Code or the
government entity’s laws or ordinances, and that the applicant has 10 business days after
receiving the notice to remedy the deficiencies in their application or it will be denied.
A building permit for a single-family residential dwelling applied for by a contractor licensed in this state
on behalf of a property owner who participates in a Community Development Block Grant-Disaster
Recovery program administered by the Department of Economic Opportunity must be issued within 15
business days after receipt of the application unless the permit application fails to satisfy the Building
Code or the enforcing agency's laws or ordinances.
28
Construction Documents
Professional Engineers
Professional engineers and related qualified business organizations are regulated by Ch. 471, F.S.,
and by the Florida Board of Professional Engineers under DBPR.
29
“Engineering” includes the term “professional engineering” and means any service or creative work, the
adequate performance of which requires engineering education, training, and experience in the
application of special knowledge of the mathematical, physical, and engineering sciences to such
services or creative work as consultation, investigation, evaluation, planning, and design of engineering
works and systems, planning the use of land and water, teaching of the principles and methods of
engineering design, engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with drawings and specifications, any of
which embraces such services or work, either public or private, in connection with any utilities,
structures, buildings, machines, equipment, processes, work systems, projects, and industrial or
consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature,
insofar as they involve safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of any engineering
services….”
30
24
S. 553.79(16)(a)-(b), F.S.
25
S. 553.79(16)(c), F.S.
26
S. 553.79(16)(c), F.S.
27
S. 553.79(16)(b), F.S.
28
S. 553.79(16)(e), F.S.
29
S. 20.165(4)(a)11., F.S.
30
S. 471.005(7), F.S. STORAGE NAME: h0267d.COM PAGE: 7
DATE: 2/17/2024
All final drawings, specifications, plans, reports, or documents prepared or issued by the professional
engineer and being filed for public record, including for a building permit, and all final documents
provided to the owner or the owner’s representative must be signed by the licensee, dated, and sealed
with said seal. Such signature, date, and seal shall be evidence of the authenticity of that to which they
are affixed.
31
Architects
Architects and related qualified business organizations in the state are regulated by part I of Ch. 481,
F.S., and by the Board of Architecture and Interior Design under DBPR.
“Architecture services” means the rendering or offering to render services in connection with the design
and construction of a structure or group of structures which have as their principal purpose human
habitation or use, and the utilization of space within and surrounding such structures. These services
include planning, providing preliminary study designs, drawings and specifications, job-site inspection,
and administration of construction contracts.
32
All final construction documents and instruments of service which include drawings, plans,
specifications, or reports prepared or issued by the registered architect or qualified architecture
business and being filed for public record, including for a building permit, must bear the signature and
seal of the registered architect who prepared or approved the document and the date on which they
were sealed. The signature, date, and seal shall be evidence of the authenticity of that to which they
are affixed.
33
Building Code Requirements
The Building Code, Building, requires applicants for a permit to submit construction documents, a
statement of special inspections, a geotechnical report, and other data in two or more sets with each
permit application. The construction documents must be prepared by a registered design professional
34
where required by Ch. 471, F.S., or Ch. 481, F.S.
35
Where special conditions exist, the building official is authorized to require additional construction
documents to be prepared by a registered design professional. However, the building official may waive
the submission of construction documents and other data not required to be prepared by a registered
31
S. 471.025(1), F.S.
32
S. 481.206(6), F.S.
33
Ss. 481.219(4) and 481.221(2), F.S.
34
The Building Code, Building, defines “registered design professional” as an individual who is registered or licensed to practice their
respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in
which the project is to be constructed. This includes any registered design professional so long as they are practicing within the scope
of their license, which includes those licensed under Chs. 471 (professional engineers) and 481, F.S. (architects, interior designers, and
landscape architects). S. 202, FBS, Building (8th Ed. 2023).
35
S. 553.71(12), F.S.; S. 107.1, FBC, Building (8th Ed. 2023). STORAGE NAME: h0267d.COM PAGE: 8
DATE: 2/17/2024
design professional if it is found that the nature of the work applied for is such that review of
construction documents is not necessary to obtain compliance with the Building Code.
36
Threshold Buildings
A “threshold building” is a building that is greater than 3 stories or 50 feet in height, or that has an
assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of
greater than 500 persons.
37
A “special inspector” is a licensed architect or engineer who is certified under Ch. 471, F.S., or Ch. 481,
F.S. to conduct inspections of threshold buildings.
38
During new construction or during repair or restoration projects in which the structural system or
structural loading of a threshold building is being modified, including windows and doors, the enforcing
agency must require a special inspector to perform structural inspections on a threshold building
pursuant to a structural inspection plan prepared by the engineer or architect of record.
39
The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a
building permit for the construction of a threshold building.
The purpose of the structural inspection plans is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for compliance with the permitted
documents.
40
Residential Windborne Debris Region Requirements
Exposure D
The American Society of Civil Engineers (ASCE) and Structural Engineering Institute (SEI) developed
and published the Minimum Design Loads and Associated Criteria for Buildings and Other Structures
(commonly referred to as ASCE 7-22), which is the primary reference standard for structural loads in
the 2024 International Building Code, 2024 International Residential Code, and the 2023 Florida
Building Code. The standard specifies minimum structural design loads and other criteria for the design
of buildings and other structures for dead, live, soil, flood, tsunami, snow, rain, atmospheric ice,
earthquake, wind, and tornado loads. It also provides criteria on how to assess load combinations.
41
ASCE 7-22 describes the process to which wind speed is converted into wind pressure used to design
structures. The formula is based on many variables, one of which is called “Exposure Category”, which
is a category of wind exposure and reflects the characteristics of ground surface irregularities at a site
which the building or structure is to be constructed. The rougher the surface, the lower the multiplier
36
Id.
37
S. 202, FBS, Building (8th Ed. 2023).
38
S. 553.71(9), F.S.
39
553.79(5)(a), F.S.; s. 110.8.1, FBC, Building (8th Ed. 2023).
40
Id.
41
Federal Emergency Management Agency, FEMA Fact Sheet- Highlights of Significant Changes to the Wind Load Provisions of
ASCE 7-22, Aug. 2022, https://www.fema.gov/sites/default/files/documents/fema_asce-7-22-wind-highlights_fact-sheet_2022.pdf (last
visited Feb. 13, 2024). STORAGE NAME: h0267d.COM PAGE: 9
DATE: 2/17/2024
that converts wind speed to pressure.
42
“Exposure D” is the largest multiplier when converting wind
velocity to wind pressure, representing coastal areas and the ‘smoothness’ of water relative to wind.
The 2023 Building Code, Residential provides that Exposure D applies:
43
Where the ground surface roughness in flat, unobstructed areas and water surfaces, prevails in
the upwind direction for a distance of at least 5,000 feet (1524 m) or 20 times the height of the
building, whichever is greater.
Where the ground surface roughness immediately upwind of the site is Exposure B or C, and
the site is within a distance of 600 feet (183 m) or 20 times the building height, whichever is
greater, from an Exposure D condition.
Windborne Debris Region Definition Change
The Building Code requires certain increased building protections for homes in a windborne debris
region, such as the requirement for impact windows.
44
The Building Code, Residential, 8
th
edition, 2023, currently defines “windborne debris” as areas within
hurricane-prone regions located in accordance with one of the following:
45
Within 1 mile (1.61 km) of the mean high water line where an Exposure D condition exists
upwind at the waterline and the ultimate design wind speed, Vult, is 130 mph (58 m/s) or
greater.
In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or
Hawaii.
However, in the previous edition of the Building Code, Residential, 7
th
edition, 2020, defined “windborne
debris” as areas within hurricane-prone regions located in accordance with one of the following:
46
Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design wind
speed, Vult, is 130 mph (58 m/s) or greater
In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or
Hawaii.
The ASCE 7-22 updated the definition of “windborne debris region” because the term “coastal mean
high-water line” is not a defined term, and its interpretation has varied across jurisdictions in the
hurricane-prone region due to confusion about the intent. The new criteria in ASCE 7-22 deletes the
word “coastal” and adds language to require that an Exposure D condition exist upwind of the water
line.
47
This trigger now applies to locations that are within a mile of any body of water (located in hurricane-
prone regions where the basic wind speed is equal to or greater than 130 mph and less than 140 mph)
and an Exposure D condition exists upwind of the water line. For example, the impact of this change is
42
Engineering Express, ASCE 7 WIND EXPOSURE CATEGORIES AND HOW EXPOSURE ‘D’ WORKS,
https://www.engineeringexpress.com/wiki/asce-7-exposure-d-work/ (last visited Feb. 13, 2024).
43
S. R301.2.1.4.3, FBC, Residential (8th Ed. 2023).
44
S. R301.2.1.2, FBC, Residential (8th Ed. 2023).
45
S. R202, FBC, Residential (8th Ed. 2023).
46
S. R202, FBC, Residential (7th Ed. 2020).
47
FEMA, supra note 41. STORAGE NAME: h0267d.COM PAGE: 10
DATE: 2/17/2024
illustrated in the figure below for Panama City where the basic wind speed ranges from 130 mph to 140
mph.
For the area on the left, buildings within 1 mile of the mean high-water line of the Gulf of Mexico where
the basic wind speed is equal to or greater than 130 mph are within the windborne debris region.
However, for the area on the right, the initial point to measure “1 mile from the coastal mean high-water
line” was not clear under earlier definitions. In ASCE 7-22, this ambiguity has been removed and any
building located within 1 mile of the mean high-water line of the bay that has exposure to a water
surface that prevails for at least 5000 feet from the shoreline will be in the windborne debris region.
48
Additionally, the new definition may include homes near certain inland lakes in a wind zone of at least
130 mph.
Unvented Attic Requirements
Building Thermal Envelope
The Florida Building Code, Energy Conservation (EC Code), regulates the design and construction of
buildings for the effective use and conservation of energy over the useful life of each building. The EC
Code is intended to provide flexibility to permit the use of innovative approaches and techniques to
achieve this objective.
49
The EC Code defines:
50
“Building thermal envelope” as the basement walls, exterior walls, floors, ceilings, roofs and any
other building element assemblies that enclose conditioned space or provide a boundary
between conditioned space and exempt or unconditioned space.
“Conditioned space” as an area, room or space that is enclosed within the building thermal
envelope and that is directly or indirectly heated or cooled. Spaces are indirectly heated or
cooled where they communicate through openings with conditioned spaces; where they are
separated from conditioned spaces by uninsulated walls, floors or ceilings; or where they
contain uninsulated ducts, piping or other sources of heating or cooling.
48
Id.
49
S. R101.1-101.3. FBC, Energy Conservation (8th Ed. 2023).
50
S. R202, FBC, Energy Conservation (8th Ed. 2023). STORAGE NAME: h0267d.COM PAGE: 11
DATE: 2/17/2024
The building thermal envelope for residential buildings must meet the requirements of ss. R402.1.1
through R402.1.5 of the EC Code, except the following low-energy buildings, or portions thereof,
separated from the remainder of the building by EC Code-compliant building thermal envelope
assemblies:
51
Those with a peak design rate of energy usage less than 3.4 Btu/h · ft2 (10.7 W/m2) or 1.0
watt/ft2 of floor area for space-conditioning purposes.
Those that do not contain conditioned space.
Log homes designed in accordance with ICC-400.
Parts of a Roof
In general, a roof is composed of the following structures:
52
Roof sheathing, also called roof decking, are the wooden boards that make up the framing of a roof
system. These boards are what shingles and other roofing components are installed directly on.
53
Roof rafters are structural components of a roof on a building. Traditional rafters frame out the roof and
connect to the exterior walls, and land on a ridge board, which runs across the length of the building.
The result is a vaulted ceiling that can be filled with insulation and drywall to finish the space or be left
as open space in an attic.
54
Unvented Attics
Residences may be constructed with either a:
55
Vented attic: With openings for outside air to ventilate the space underneath the roof with
insulation above the ceiling finish.
Unvented attic: Without any opening underneath the roof–creating an unvented attic space with
insulation at the roof deck. The unvented attic is completely within the building thermal
envelope.
51
S. R402.1, FBC, Energy Conservation (8th Ed. 2023).
52
Kimberly Magerl, 21 Different Parts of a Roof, Roof Gnome, Oct. 9, 2023, https://roofgnome.com/blog/roofing/different-parts-of-a-roof/
(last visited Feb. 4, 2024).
53
Bill Ragan, What is Roof Sheathing? (What You Need to Know About It), Bill Ragan Roofing Company, Aug. 31, 2022,
https://www.billraganroofing.com/blog/what-roof-sheathing (last visited Feb. 4, 2024).
54
MT Copeland, What Are Rafters?, Dec. 22, 2021, https://mtcopeland.com/blog/what-are-rafters/ (last visited Feb. 4, 2024).
55
University of Central Florida, Florida Solar Energy Center, Attic Insulation and Ventilation,
https://energyresearch.ucf.edu/research/buildings-research/roof-assembly/attic-insulation-ventilation/ (last visited Feb. 4, 2024). STORAGE NAME: h0267d.COM PAGE: 12
DATE: 2/17/2024
Unvented roof assemblies, such as conditioned attics and unvented cathedral ceilings, are created by
eliminating ventilation openings and moving the thermal (or insulation), moisture, and air control
boundaries to the plane of the roof deck.
56
Unvented attics are also typically built with the HVAC
system completely within the building thermal envelope. Insulation is usually a spray foam product that
also provides air sealing to create a semi-conditioned space.
57
Although the rationale for attic ventilation is for moisture control, this was historically based on needs in
cold climates and to prevent ice dams. However, vented attics can introduce additional moisture loads
into Florida homes by allowing moisture laden air in the attic that may come indoors. Unvented attics
can help to reduce moisture condensation on attic mounted ducts and air handlers by reducing the
moisture level of the air around the ducts and on the back side of ceiling drywall when low thermostat
set points are used.
Unvented attics offer the following potential advantages over vented attics:
58
Energy Savings - An unvented attic is warmer in winter and cooler in summer, reducing the
HVAC load. The equipment will be more durable and more efficient, especially if ductwork is in
the attic.
Moisture Resistance - The attic will stay dry, avoiding problems with mold and wood rot, and
thus can serve as living or storage space.
Disaster Resistance - Roofs over unvented attics are less likely to be blown off in high winds
because the wind cannot readily enter the attic. In addition, a house in wildfire zones is less
likely to catch fire from floating embers since there are no soffit vents for the embers to enter. In
coastal areas, an unvented roof keeps out wind-driven rain and better protects metal connectors
in the roof assembly against salt spray and corrosion.
However, an unvented attic system can be more expensive than a vented attic, as it requires more
spray foam insulation, which means more cost.
59
An example of an unvented attic is pictured below:
60
56
U.S. Department of Energy, Unvented, Conditioned Attics, https://www.energy.gov/eere/buildings/articles/unvented-conditioned-
attics-building-america-top-
innovation#:~:text=Insulating%20and%20air%20sealing%20along,insulating%20along%20the%20ceiling%20deck%3A&text=Energy%
20Savings%20%2D%20An%20unvented%20attic,the%20attic%20(Rudd%202005) . (last visited Feb. 4, 2024
57
UCF, supra note 14.
58
US Dept. of Energy, supra note 15.
59
Amanda Ringler, Vented vs. Unvented Attic: Which is Better?, RetroFoam of Michigan Inc., July 13, 2020,
https://www.retrofoamofmichigan.com/blog/vented-vs-unvented-attic-which-is-better (last visited Feb. 4, 2024).
60
U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Unvented Attic Insulation,
https://basc.pnnl.gov/resource-guides/unvented-attic-insulation#edit-group-description (last visited Feb. 4, 2024). STORAGE NAME: h0267d.COM PAGE: 13
DATE: 2/17/2024
Air-impermeable Insulation
Permeable and impermeable air barrier membranes differ in their ability to block moisture:
61
Impermeable air barriers block water vapor and air.
Permeable air barriers block air but allow water vapor to move through the membrane,
promoting diffusion out of the wall system. Permeable air barriers offer varying permeability
rates and come as either sheet or fluid-applied membranes.
Air-impermeable insulation that is installed to the underside of the roof sheathing of an unvented roof is
typically spray foam. Air-impermeable spray foam insulation for unvented attics applied under the
sheathing is typically installed as follows:
62
Florida generally requires insulation to be installed under the roof sheathing,
63
but elsewhere, air-
impermeable insulating sheathing applied over the roof deck may be used for unvented attics, and is
typically installed as follows:
64
61
Cory Bendokas, Impermeable vs. Permeable Air Barriers: Main Differences, Build Meets World by Tremco CPG Inc.,
https://blog.buildmeetsworld.com/impermeable-vs-permeable-air-barriers (last visited Feb. 4, 2024).
62
US Dept. of Energy, supra note 19.
63
S. R806.5, FBC, Residential (8th Ed. 2023).
64
To meet durability goals in most applications, the airtightness must be provided by a continuous membrane—preferably adhered to
the top surface of the structural roof deck and under rigid insulation that provides condensation control. Id. STORAGE NAME: h0267d.COM PAGE: 14
DATE: 2/17/2024
R-Value
R-value is a measure of how much resistance insulation has to heat flow. The higher the R-value, the
more the resistance and the better the material is at insulating a home. Generally, insulation materials
with higher R-values cost more when compared to those with lower R-values.
65
Blower Door Tests
Blower door tests determine to what degree a home is airtight. A temporary “blower door” equipped
with a powerful fan is fitted into the frame of an existing front or back door, and when the fan is turned
on, it sucks the air out of the house and blows it outside. Digital gauges compare the difference in air
pressure between the inside air and the outside air to determine how much air is leaking into the
house.
66
The standard way to determine air tightness of a building is to measure air leakage at 50 Pascals
(ACH50) to the conditioned volume of the building. Air Change per Hour at 50 Pa (ACH50) is calculated
by dividing air flow per hour by the volume of the building. ACH50 tells us how many times per hour the
entire volume of air in the building is replaced when the building envelope is subjected to a 50 Pascal
pressure. The airtightness of existing homes can vary dramatically based on the construction style, age
and region.
67
Proper, tight air sealing of unvented attics is important for proper function.
68
Whole-house mechanical
ventilation is required for homes with a high air-tightness.
69
The chart below shows the relative tightness of homes based on the ACH50:
70
65
Emily Glover and Samantha Allen, What Is Insulation R Value? Everything You Need To Know, Forbes, Jan, 20, 2022,
https://www.forbes.com/home-improvement/home/what-is-insulation-r-value/ (last visited Feb. 4, 2024).
66
Glenda Taylor and Bob Vila, All You Need to Know About Blower Door Tests, BobVila.com, Oct. 23, 2020,
https://www.bobvila.com/articles/blower-door-tests/ (last visited Feb. 4, 2024); Tyler Vanzo, Air Changes Per Hour (ACH): What is it &
How to Calculate it, SmartAir, Jan. 16, 2024, https://smartairfilters.com/en/blog/what-is-air-changes-per-hour-ach-how-to-calculate/ (last
visited Feb. 4, 2024).
67
The Energy Conservatory, TEST RESULTS AND SAMPLE TEST FORMS, https://energyconservatory.com/wp-
content/uploads/2017/08/Test-Results-and-Sample-Test-Forms-Guide-.pdf (last visited Feb. 4, 2024).
68
UCF, supra note 14.
69
Eric Martin and Charles Withers, Jr., Survey of Unvented Attics in Climate Zone 2A, University of Central Florida, Florida Solar
Energy Center, Mar. 17, 2021, https://publications.energyresearch.ucf.edu/wp-content/uploads/2021/02/FSEC-CR-2106-21.pdf (last
visited Feb. 4, 2024).
70
UCF, supra note 14. STORAGE NAME: h0267d.COM PAGE: 15
DATE: 2/17/2024
0 - 1.5 ACH Very tight
1.5 - 3 ACH Tight
3 - 5 ACH Moderately tight
5 - 7 ACH Loose
7 - 10 ACH Very loose
10 + ACH Extremely loose
Unvented Attics and Unvented Enclosed Roof Framing Assemblies
Section 806.5, Florida Building Code, Residential, for residential buildings, requires that unvented attics
and unvented enclosed roof framing assemblies created by ceilings that are applied directly to the
underside of the roof framing members and structural roof sheathing applied directly to the top of the
roof framing members or rafters, must be allowed if certain conditions are met, including:
71
The unvented attic space is completely within the building thermal envelope.
No interior Class I vapor retarders are installed on the ceiling side (attic floor) of the unvented
attic assembly or on the ceiling side of the unvented enclosed roof framing assembly.
Insulation must comply with Item 5.1 and Item 5.3. As an alternative, where air-permeable
insulation is located on top of the attic floor or on top of the attic ceiling, insulation must comply
with Item 5.3 and Item 5.2.
Item 5.1. provides requirements insulation depending on the air permeability of the insulation directly
under the structural roof sheathing. The following requirements are applicable to air-impermeable
insulation:
Where only air-impermeable insulation is provided, it must be applied in direct contact with
the underside of the structural roof sheathing.
Alternatively, sufficient rigid board or sheet insulation must be installed directly above the
structural roof sheathing to maintain the monthly average temperature of the underside of the
structural roof sheathing above 45°F (7°C). For calculation purposes, an interior air temperature
of 68°F (20°C) is assumed and the exterior air temperature is assumed to be the monthly
average outside air temperature of the three coldest months.
Item 5.2. provides requirements for air-permeable insulation, and Item 5.3.requires, where preformed
insulation board is used as the air-impermeable insulation layer, it must be sealed at the perimeter of
each individual sheet interior surface to form a continuous layer.
Section R402 of the EC Code
Insulation Requirements
In general, the EC Code requires residential ceilings, including ceilings with attics, to be built using R-
30 insulation in Climate Zone 1, and R-38 insulation in Climate Zone 2.
72
However, s. R402.1.2 of the EC Code, where R-38 insulation is required in the ceiling or attic, allows
installing R-30 over 100 percent of the ceiling or attic area requiring insulation to satisfy the requirement
for R-38 insulation wherever the full height of uncompressed R-30 insulation extends over the wall top
plate at the eaves.
Mechanical Requirements
Section R402 requires that a mechanical system of a residential building or dwelling unit must be
blower door tested in accordance with ANSI/RESNET/ICC 380, reported at a pressure of 50 pascals,
and verified as having an air leakage rate not exceeding seven air changes per hour (7 ACH50) in
Climate Zones 1 and 2.
71
S. R806.5, FBC, Residential (8th Ed. 2023).
72
Table R402.1.2, FBC, Energy Conservation (8th Ed. 2023). STORAGE NAME: h0267d.COM PAGE: 16
DATE: 2/17/2024
Homes with an air leakage rate less than three air changes per hour (3 ACH50) must be provided with
whole-house mechanical ventilation.
73
All counties In Florida are either Climate Zone 1 or 2.
74
Types of Whole-house Ventilation Systems
Whole-house mechanical ventilation is the intentional exchange of indoor air with fresh outdoor air at a
controlled rate using fans. The purpose of whole-house mechanical ventilation is to improve indoor air
quality. Historically, mechanical ventilation was limited to local-exhaust (kitchen and bath exhaust fans)
for spot control of moisture and odors. Houses commonly had enough natural ventilation, through leaky
building enclosures, that whole-house mechanical ventilation was not necessary. Houses have become
significantly tighter during the past 15-20 years as a result of changing codes, energy efficiency
programs, and an overall desire to reduce energy use. Above-code programs and more recently the
building codes have generally made controlled whole-house mechanical ventilation a requirement.
75
Balanced
The exhaust-only ventilation method is when a fan, commonly an efficient bath fan, exhausts indoor air,
and outdoor makeup air is drawn into the house through leaks in the building enclosure. The supply-
only ventilation method is when a fan draws outdoor air into the house, and indoor air escapes through
the building enclosure and exhaust fan ducts.
76
A balanced whole-house mechanical ventilation system is a combination of exhaust and supply
methods providing approximately equal indoor exhaust and outdoor supply air flows, e.g., an exhaust
fan combined with a supply fan or passive inlet vents. A balanced system may include a heat recovery
ventilator (HRV) or an energy recovery ventilator (ERV).
77
Hybrid
A hybrid ventilation whole-house mechanical ventilation system is a recent concept that consists in
using the components and sizing of natural ventilation ducts coupled with non-constant low-pressure
mechanical assistance. Mechanical assistance is only used to supplement natural forces when
necessary. Natural forces means three different kinds of natural phenomena that cause air to move:
78
Wind that can penetrate the dwelling through entrances and exists.
Thermal draught where the airflow is produced by the density difference between the hot air and
the cold air, where the less dense hot air tends to rise and the denser cold air tends to go down.
Aeraulic draught caused by the pressure difference linked to height, where the lower upright
pression creates a depression that enables the air to circulate in the dwelling.
The hybrid ventilation start is automatic; it can be activated by a temperature sensor, a wind vane or a
pressure switch. Fresh air is admitted through the humidity-controlled air inlets located in the dry rooms
(e.g., bedrooms and living room), and stale air is evacuated through the wet rooms (e.g., bathrooms
and kitchen) by humidity-controlled extraction grilles linked to the ventilation duct connected to the
fan.
79
Positive Input
A positive input ventilation system generally addresses ventilation issues in existing properties, such as
condensation, damp and mold. Positive input ventilation pumps and circulates fresh filtered air into a
73
S. R402.4.1.2, FBC, Energy Conservation (8th Ed. 2023).
74
Table R301.1, FBC, Energy Conservation (8th Ed. 2023).
75
Home Innovation Research Labs, Whole-House Mechanical Ventilation Code: Safety and Performance Considerations, International
Code Council and National Association of Home Builders, October 2013, https://www.iccsafe.org/wp-
content/uploads/proclamations/TN01-Whole-House-Ventilation_pdf.pdf (last visited Feb. 3, 2024).
76
Id.
77
Id.
78
Aereco, How does hybrid ventilation work?, https://www.aereco.com/ventilation/ventilation-systems/hybrid-ventilation/ (last visited
Feb. 3, 2024).
79
Id. STORAGE NAME: h0267d.COM PAGE: 17
DATE: 2/17/2024
house, forcing stale air out of the gaps and cracks in the fabric of the building. The unit is installed in
the loft area, and a distribution diffuser is mounted in the ceiling in the room below. The continual
supply and slight positive pressure result in the air in the property being continually diluted, displaced
and replaced to create a healthier indoor air quality.
80
Elevator Rails
Chapter 399, F.S., regulates elevator safety procedures, and is enforced by the Division of Hotels and
Restaurants (H&R) at DBPR. H&R issues the following:
81
Permits to install, relocate, or alter elevators,
Certificates of operation for elevators, and
Licenses for:
o Elevator companies,
o Elevator technicians, and
o Elevator inspectors.
Each elevator car interior, to be made accessible to physically handicapped persons, must have a
support rail on at least one wall. Support rails must be continuous and a minimum length of 42 inches
overall.
All support rails must be smooth, have no sharp edges, and must not be more than 1 1/2 inches thick or
2 1/2 inches in diameter. The inside surface of support rails must be 1 1/2 inches clear of the car wall.
The distance from the top of the support rail to the finished car floor must be at least 31 inches and not
more than 33 inches.
82
Building Officials, Inspectors, Plans Examiners
Building officials, inspectors, and plans examiners are regulated by the BCAIB within DBPR.
83
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.
84
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 under
which the inspector has been licensed. The inspector categories are:
85
Building inspector
Coastal construction inspector
Commercial electrical inspector
Residential electrical inspector
Mechanical inspector
Plumbing inspector
Residential inspector
Electrical inspector
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
80
Hugh Metcalf, Positive Input Ventilation Explained: Pros, Cons, Costs and More, Homebuilding & Renovating, Sep. 9, 2021,
https://www.homebuilding.co.uk/advice/positive-input-ventilation (last visited Feb. 3, 2024).
81
S. 399.01, F.S.
82
S. 399.035(1)(b), F.S.
83
S. 468.605, F.S.
84
S. 468.603(2), F.S.
85
See s. 468.603(5), F.S. STORAGE NAME: h0267d.COM PAGE: 18
DATE: 2/17/2024
examiner’s ability to practice is limited to the category or categories under which the plans examiner
has been licensed. The plans examiner categories are:
86
Building plans examiner
Plumbing plans examiner
Mechanical plans examiner
Electrical plans examiner
Residential Inspector Licensing
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:
87
Have 4 years of combined relevant experience;
Have 3 years of combined postsecondary education and relevant experience;
Have 3 years of combined technical education and relevant experience;
Complete an approved cross-training program and have at least 2 years of experience;
Hold a standard certificate issued by the BCAIB or a firesafety inspector license; and
o Have at least 4 years of relevant experience as an inspector or plans examiner;
o Have a minimum of 3 years of experience in firesafety inspection or firesafety plan
review and have 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 residential training programs, which may not be less than 500 hours; or
Complete a 4-year internship certification program.
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 license by the BCAIB. A provisional license allows a
person to engage in the duties of a building official, inspector, or plans examiner.
88
Provisional licenses are valid for two years, but may be renewed by the BCAIB 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 BCAIB for a
provisional license that is valid for the duration of the internship.
89
Currently, residential inspector applicants may not use an internship program as a basis for eligibility to
take the licensing examination.
90
Private Providers
In 2002, s. 553.791, F.S., was created 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 and their duly authorized representatives 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 or representative’s license.
86
See s. 468.603(8), F.S.
87
S. 468.609(2), F.S.
88
S. 468.609(7) and (10), F.S.
89
Id.
90
R. 61G19-6.017, F.A.C.; DBPR BCAIB 7 - Application for Internship Certification Training Program Approval/Renewal and Provider,
available at
http://www.myfloridalicense.com/dbpr/pro/build/documents/BCAIB7_Application_Internship_Certification_Training_Program_Approval_
Renewal_and_Provider.pdf (last visited Feb. 16, 2024). STORAGE NAME: h0267d.COM PAGE: 19
DATE: 2/17/2024
Current law defines “private provider” as person licensed as a building official, engineer, or architect.
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.
91
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.
92
A local government may not charge a fee for building inspections when an owner or contractor uses a
private provider but may charge a “reasonable administrative fee.”
93
A “reasonable administrative fee”
must be based on the cost that is actually incurred by the local government, including the labor cost of
the personnel providing the service, or the cost attributable to the local government for the clerical and
supervisory assistance required, or both.
A building official may audit a private provider to ensure the private provider and their duly authorized
agent 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.
94
A private provider who approves building plans must sign a sworn affidavit that the plans comply with
the Building Code. The private provider or their duly authorized representative is authorized to review
the plans.
95
Upon receipt of a building permit application from a private provider, a building official has
20 business days to grant the permit or provide a written notice to the permit applicant identifying the
specific plan features that do not comply with the applicable codes.
96
If the local building official
provides a written notice of plan deficiencies to the permit applicant within the prescribed 20-day period,
the 20-day period is tolled pending resolution of the matter.
97
If the permit applicant submits revisions, the local building official has the remainder of the tolled 20-day
period plus 5 business days from the date of resubmittal to issue the requested permit or to provide a
second written notice to the permit applicant stating which of the previously identified plan features
remain in noncompliance with the applicable codes, with specific reference to the relevant code
chapters and sections. Any subsequent review by the local building official is limited to the deficiencies
cited in the written notice. If the local building official does not provide the second written notice within
the prescribed time period, the permit shall be deemed approved as a matter of law, and the local
building official must issue the permit on the next business day.
98
For all revisions submitted after the first revision, the local building official has an additional 5 business
days from the date of resubmittal to issue the requested permit or to provide a written notice to the
permit applicant stating which of the previously identified plan features remain in noncompliance with
the applicable codes.
99
Effect of the Bill
Building Permit Application Review
The bill removes a provision in Ch. 533, the Building Code, which requires single-family residential
dwelling permits to be issued within 30 days unless the application does not conform to the Building
91
S. 553.791(1)(n) and (3), F.S.
92
S. 553.791(2)(b), F.S.
93
Id.
94
S. 553.791(1), (14), and (19), F.S.
95
S. 553.791(6), F.S.
96
S. 553.791(7)(a), F.S.
97
S. 553.791(7)(b), F.S.
98
S. 553.791(7)(c), F.S.
99
S. 553.791(7)(d), F.S. STORAGE NAME: h0267d.COM PAGE: 20
DATE: 2/17/2024
Code or local laws or ordinances. However, the bill incorporates the time period to review single-family
residential dwellings into the general section related to building permit applications.
100
The bill reduces current timelines and revises procedures for applying for and obtaining a building
permit. The new procedures set out below apply to the following building permit applications:
Accessory structure;
Alarm permit;
Nonresidential buildings less than 25,000 square feet;
Electric;
Irrigation;
Landscaping;
Mechanical;
Plumbing;
Residential units including a single-family residential unit or a single-family residential
dwelling;
Multifamily residential not exceeding 50 units;
Roofing;
Signs;
Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
Lot grading and site alteration associated with a permit application set forth above.
Timelines to Approve or Deny a Completed and Sufficient Building Permit Application
The bill reduces the time that a local government has to approve, approve with conditions, or deny a
building permit application following receipt of a completed and sufficient application to the following
timelines, unless the applicant waives such limitation in writing:
For an applicant using local government plans review to obtain a building permit:
o Within 30 business days after receiving a complete and sufficient application (currently
120 days, or 30 days for single-family residential dwellings).
For an applicant using a private provider to obtain a building permit:
o Within 15 business days after receiving a complete and sufficient application (currently
120 days, or 30 days for single-family residential dwellings).
For an applicant for a master plan permit:
o Within 10 business days after receiving a complete and sufficient application (current
timeframe is dependent on the local program, or 30 days for single-family
residential dwellings).
For an applicant for a single-family residential dwelling applied for by a contractor licensed in
this state on behalf of a property owner who participates in a Community Development Block
Grant–Disaster Recovery program administered by the Department of Economic Opportunity:
o Within 10 business days after receipt of the application, unless the permit application
fails to satisfy the Building Code or the enforcing agency's laws or ordinances (currently
15 days).
For an applicant for multifamily residential units:
o Within 60 business days after receiving a complete and sufficient application.
If the local government does not approve, approve with conditions, or deny the completed and sufficient
application within the required timeframes, the application is deemed or determined to be approved.
The bill provides that a local government may not require a waiver of the timeframes in this section as a
condition to review an application for a building permit.
The bill requires a local government to maintain a policy on its website containing procedures and
expectations for processing of any building permits and development orders required by law to be
expedited.
100
See, s. 553.792, F.S. STORAGE NAME: h0267d.COM PAGE: 21
DATE: 2/17/2024
Timelines to Determine a Complete and Sufficient Application
The bill reduces the time that a local government has to provide timely written notice to the applicant
about what information, if any, is needed before the application is deemed or determined to be:
Completed:
o Local government has 5 business days to review an application and determine if it has
been properly completed (from 10 days).
Sufficient:
o Local government has 10 business days to review a completed application to determine
whether more information is needed or whether the application is sufficient (from 45
days).
The bill reduces the amount of times that a local government may request additional information from
the applicant when reviewing an application for sufficiency for a building permit, to two times, from
three times.
If the local government requests additional information for a second time, such request must be within
10 business days of receiving additional information after the first request, and the local government
must determine the sufficiency of the application within 10 business days of receiving the requested
additional information.
The bill allows a local government to offer to meet virtually, instead of only in person, with the
applicant to attempt to resolve outstanding issues before a second request for additional information is
made.
If the applicant believes a request for additional information is not authorized by ordinance, rule, statute,
or other legal authority, the bill requires the local government, at the applicant's written request, to
approve the application, approve the application with conditions, or deny the application within 10
business days after receipt of such. The local government must provide the applicant with sufficient
reason for a denial.
The bill provides exceptions for local governments who fail to meet deadlines if:
The parties involved agreed, in writing, to a reasonable extension of time.
The delay is caused by the applicant.
The delay is caused by a force majeure or other extraordinary circumstance.
Use of Building Code Enforcement Fees
The bill clarifies that local governments may use fees, and any related fines or investment earnings,
they have collected for enforcing the Building Code to upgrade technology hardware and software
systems used to enforce the Building Code.
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Hurricane Building Requirements
The bill requires the Commission to modify the Building Code to provide that sealed drawings by a
design professional will not be required for the replacement of windows, doors, or garage doors in an
existing one-family or two-family dwelling or townhouse if all of the following conditions are met:
The replacement windows, doors, or garage doors are installed in accordance with the
manufacturer's instructions for the appropriate wind zone.
The replacement windows, doors, or garage doors meet the design pressure requirements in
the most recent version of the Florida Building Code, Residential.
A copy of the manufacturer's instructions is submitted with the permit application in a printed or
digital format.
The replacement windows, doors, or garage doors are the same size and are installed in the
same opening as the existing windows, doors, or garage doors.
The bill provides that the definition of “windborne debris region” is the same as defined in the 7th edition
of the Building Code, Residential, until the adoption of the 9th Building Code in 2026, which has a
practical effect of replacing the new definition in the 8th edition with the previous version.
Unvented Attic Requirements
The bill provides thermal efficiency standards for unvented attic and unvented enclosed rafter
assemblies.
The bill provides that, effective July 1, 2025, unvented attic and unvented enclosed rafter assemblies
that are insulated and air sealed with a minimum of R-20 air-impermeable insulation
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meet the
requirements of sections R402 of the Florida Building Code, 8th Edition (2023), Energy Conservation, if
all of the following apply:
The building has a blower door test result of less than 3 ACH50.
The building has a positive input ventilation system or a balanced or hybrid whole-house
mechanical ventilation system.
If the insulation is installed below the roof deck and the exposed portion of roof rafters is not
already covered by the R-20 air-impermeable insulation, the exposed portion of the roof
rafters is insulated by a minimum of R-3 air-impermeable insulation unless directly covered by
a finished ceiling. Roof rafters are not required to be covered by a minimum of R-3 air-
impermeable insulation if continuous insulation is installed above the roof deck.
All indoor heating, cooling, and ventilation equipment and ductwork is inside the building
thermal envelope.
The bill requires the Commission to review and consider these requirements and any needed technical
changes, and report such findings to the Legislature by December 31, 2024.
Elevator Rails
The bill provides that at least one support rail must be continuous and a minimum length of 42 inches
overall, instead of all support rails.
Residential Inspector Licensing
The bill allows a residential inspector applicant to use an internship program as a basis for eligibility to
take the licensing examination.
Private Providers
The bill shortens the timeframe that a local government has to issue a permit or notify the applicant of
the specific plan features that do not comply with the Building Code to 10 business days, from 20
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business days, if the private provider is a person licensed as a professional engineer or an architect
and affixes his or her industry seal to the affidavit certifying that the plans comply with the Building
Code and the private provider or their duly authorized representative is authorized to review the plans.
The bill provides that if the local building official does not provide specific written notice to the permit
applicant within the 10-day period, the permit application is deemed approved as a matter of law, and
the local building official must issue the permit on the next business day.
The process for tolling time for responding to additional requests for information from the local
government remains current law.
The bill has an effective date of January 1, 2025, except as otherwise stated.
B. SECTION DIRECTORY:
Section 1: Amends s. 399.035, F.S.; relating to elevator support rails.
Section 2: Amends s. 468.609, F.S.; relating to a residential inspector license pathway.
Section 3: Amends s. 553.73, F.S., relating to the Florida Building Code.
Section 4: Amends s. 553.79, F.S., relating to single-family residential permits.
Section 5: Amends s. 553.791, F.S.; relating to private providers.
Section 6: Amends s. 553.792, F.S., relating to building permit application processes.
Section 7: Amends s. 553.80, F.S.; relating to acceptable uses of local government Building Code
enforcement fees.
Section 8: Creates s. 553.9065, F.S.; relating to standards for unvented attic and rafter assemblies.
Section 9: Amends s. 440.103, F.S., conforming a cross-reference.
Section 10: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
For a similar bill in 2023, DBPR stated that surcharge collections pursuant to s. 553.791, F.S., and
s. 468.631, F.S., could be impacted by the bill.
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2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
For a similar bill in 2023, DBPR stated that this bill may reduce the amount of permit fees that could
be collected by local governments in certain circumstances.
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2. Expenditures:
This bill may impact local governments because they may have to hire more employees to meet the
prescribed timeframes.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
For a similar bill in 2023, DBPR stated that the bill may reduce the cost of permit fees paid by the
private sector to local governments based on the local governments failure to meet time
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Department of Business & Professional Regulation, Agency Analysis of 2023 Senate Bill 682, p. 4 (February 14, 2023).
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requirements.
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On the other hand, the local jurisdiction may raise permit fees so that they can hire
employees to meet the time requirements in the bill.
The streamlined permitting processes in the bill may expedite development across the state.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill would require the Florida Building Commission to amend the Building Code to reflect some of
the bill’s changes to building permit application processing requirements.
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C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 12, 2024, the Regulatory Reform & Economic Development Subcommittee adopted a proposed
committee substitute and reported the bill favorably as a committee substitute. The committee substitute:
Provides that vested rights in a preliminary plat are formed if an applicant commences developing the
property based on an approval of such preliminary plat by a local government.
Requires an applicant for a residential building permit pursuant to a preliminary plat to indemnify and
hold harmless the local government from damages directly related to the issuance of such building
permit before the approval of the final plat.
Clarifies that timeframes in the updated permitting procedures are calculated using business days.
Clarifies that if a local government fails to timely notify an applicant of what is needed to determine a
sufficient application, such application will be automatically determined to be sufficient.
Corrects a scrivener’s error.
On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a
strike-all amendment and reported the bill favorably as a committee substitute. The amendment:
Removes provisions of the bill relating to platting.
Requires the Commission to provide an exception in the Building Code relating to sealed drawings by a
design professional.
Requires local governments to approve applications for multifamily projects within 60 business days.
Requires local governments to review completed applications for sufficiency within 10 business days.
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Id.
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Provides an exception for the fee reduction provision.
Changes the effective date of the bill to January 1, 2025.
On February 15, 2024, the Commerce Committee adopted three amendments and reported the bill favorably
as a committee substitute. The amendments:
Provide that only one support rail in an elevator needs to be continuous and be at least 42 inches.
Provide that completing an internship program for residential building inspectors is a pathway for
licensure as a residential building inspector.
Clarify that not requiring sealed plans for window and door replacement is only applicable to existing
one- or two-family dwellings or townhouses.
Reduce the time frame that a local government has to issue a building permit to a private provider who
seals the plans, to 10 days after receipt of the application, from 20 days.
Provide that a local government may not require a waiver of permit approval timeframes as a condition
to review an application for a building permit.
Provides that the Florida Building Commission must review certain standards for unvented attics before
December 31, 2024, and that certain standards will be effective related to such attics on July 1, 2025.
This analysis is drafted to the committee substitute as passed by the Commerce Committee.