16 | | - | 468.609, F.S.; revising the eligibility requirements a 3 |
---|
17 | | - | person must meet to take an examination for 4 |
---|
18 | | - | certification as a building code inspector or plans 5 |
---|
19 | | - | examiner; amending s. 553.73, F.S.; requiring the 6 |
---|
20 | | - | Florida Building Commission to modify provisions in 7 |
---|
21 | | - | the Florida Building Code relating to sealed drawings 8 |
---|
22 | | - | by a design professional for replacement windows , 9 |
---|
23 | | - | doors, or garage doors on certain dwellings or 10 |
---|
24 | | - | townhouses; providing requirements for such 11 |
---|
25 | | - | modifications; amending s. 553.79, F.S.; removing 12 |
---|
26 | | - | provisions relating to acquiring building permits for 13 |
---|
27 | | - | certain residential dwellings; amending s. 553.791, 14 |
---|
28 | | - | F.S.; defining the term "private provider firm"; 15 |
---|
29 | | - | amending provisions requiring private providers to 16 |
---|
30 | | - | provide specified notice to the local building 17 |
---|
31 | | - | official; revising the timeframes in which local 18 |
---|
32 | | - | building officials must issue permits or provide 19 |
---|
33 | | - | certain written notice if certain private providers 20 |
---|
34 | | - | affix their professional seal to an affidavit; 21 |
---|
35 | | - | providing requirements for such written notices; 22 |
---|
36 | | - | deeming a permit application approved under certain 23 |
---|
37 | | - | circumstances; prohibiting a local building code 24 |
---|
38 | | - | enforcement agency from a uditing the performance of 25 |
---|
39 | | - | ENROLLED |
---|
40 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 16 | + | 553.73, F.S.; requiring the Florida Building 3 |
---|
| 17 | + | Commission to modify provisions in the Florida 4 |
---|
| 18 | + | Building Code relating to replacement windows, doors, 5 |
---|
| 19 | + | or garage doors; providing requirements for such 6 |
---|
| 20 | + | modifications; amending s. 553.79, F.S.; removing 7 |
---|
| 21 | + | provisions relating to acquiring building permits for 8 |
---|
| 22 | + | certain residential dwellings; amending s. 553.79 1, 9 |
---|
| 23 | + | F.S.; defining the term "private provider firm"; 10 |
---|
| 24 | + | revising the timeframes in which local building 11 |
---|
| 25 | + | officials must issue permits or provide certain 12 |
---|
| 26 | + | written notice if certain private providers affix 13 |
---|
| 27 | + | their professional seal to an affidavit; providing 14 |
---|
| 28 | + | requirements for such written notices; deeming a 15 |
---|
| 29 | + | permit application approved under certain 16 |
---|
| 30 | + | circumstances; prohibiting local building code 17 |
---|
| 31 | + | enforcement agency's from auditing the performance of 18 |
---|
| 32 | + | private providers until the local building code 19 |
---|
| 33 | + | enforcement agency crea tes a manual for standard 20 |
---|
| 34 | + | operating audit procedures; providing requirements for 21 |
---|
| 35 | + | such manual; requiring the manual to be publicly 22 |
---|
| 36 | + | available online or printed; requiring certain audit 23 |
---|
| 37 | + | results to be readily accessible; revising how often a 24 |
---|
| 38 | + | private provider may be audited; requiring certain 25 |
---|
| 39 | + | |
---|
| 40 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
51 | | - | private providers until the local building code 26 |
---|
52 | | - | enforcement agency creates standard operating private 27 |
---|
53 | | - | provider audit procedures; providing requirements for 28 |
---|
54 | | - | such audit procedures; requiring the audit procedures 29 |
---|
55 | | - | to be publicly available online and printed; requiring 30 |
---|
56 | | - | printed audit procedures to be available in the 31 |
---|
57 | | - | agency's buildings; requiring that private provider 32 |
---|
58 | | - | audit results of staff for a specified timeframe be 33 |
---|
59 | | - | made publicly available; requiring the agency's audit 34 |
---|
60 | | - | processes to adhere to the agency's standard operating 35 |
---|
61 | | - | audit procedures; revising how often a private 36 |
---|
62 | | - | provider or private provider firm may be audited; 37 |
---|
63 | | - | requiring certain written communication be provided to 38 |
---|
64 | | - | the private provider or private provider firm under 39 |
---|
65 | | - | certain circumstances; conforming cross -references; 40 |
---|
66 | | - | conforming provisions to changes made by the act; 41 |
---|
67 | | - | amending s. 553.792, F.S.; revising the timeframes for 42 |
---|
68 | | - | approving, approving with conditions, or denying 43 |
---|
69 | | - | certain building permits; prohibiting a local 44 |
---|
70 | | - | government from requiring a waiver of certain 45 |
---|
71 | | - | timeframes; requiring local governments to meet the 46 |
---|
72 | | - | prescribed timeframes unless a local ordinance is more 47 |
---|
73 | | - | stringent; requiring a local government to provide 48 |
---|
74 | | - | written notice to an applicant under certain 49 |
---|
75 | | - | circumstances; requiri ng a local government to reduce 50 |
---|
76 | | - | ENROLLED |
---|
77 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 51 | + | written communication be provided to the private 26 |
---|
| 52 | + | provider or private provider firm under certain 27 |
---|
| 53 | + | circumstances; conforming cross -references; conforming 28 |
---|
| 54 | + | provisions to changes made by the act; amending s. 29 |
---|
| 55 | + | 553.792, F.S.; revis ing the timeframes for approving, 30 |
---|
| 56 | + | approving with conditions, or denying certain building 31 |
---|
| 57 | + | permits; prohibiting a local government from requiring 32 |
---|
| 58 | + | a waiver of certain timeframes; requiring local 33 |
---|
| 59 | + | governments to follow the prescribed timeframes unless 34 |
---|
| 60 | + | a local ordinance is more stringent; requiring a local 35 |
---|
| 61 | + | government to provide written notice to an applicant 36 |
---|
| 62 | + | under certain circumstances; revising how many times a 37 |
---|
| 63 | + | local government may request additional information 38 |
---|
| 64 | + | from an applicant; specifying when a permit 39 |
---|
| 65 | + | application is deemed complete and approved; requiring 40 |
---|
| 66 | + | the opportunity for an in -person or virtual meeting 41 |
---|
| 67 | + | before a second request for additional information may 42 |
---|
| 68 | + | be made; requiring a local government to process an 43 |
---|
| 69 | + | application within a specified timeframe without 44 |
---|
| 70 | + | additional information upon written request by the 45 |
---|
| 71 | + | applicant; reducing permit fees by a certain 46 |
---|
| 72 | + | percentage if certain timeframes are not met; 47 |
---|
| 73 | + | providing exceptions; providing construction; 48 |
---|
| 74 | + | conforming provisions to changes made by the act; 49 |
---|
| 75 | + | amending s. 553.80, F.S.; authorizing local 50 |
---|
| 76 | + | |
---|
| 77 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
88 | | - | permit fees by a certain percentage if certain 51 |
---|
89 | | - | deadlines are not met; providing exceptions; 52 |
---|
90 | | - | specifying requirements for the written notice to the 53 |
---|
91 | | - | permit applicant; specifying a timeframe for the 54 |
---|
92 | | - | applicant to correct the appl ication; specifying a 55 |
---|
93 | | - | timeframe for the local government and local 56 |
---|
94 | | - | enforcement agency to approve or deny certain building 57 |
---|
95 | | - | permits following revision; requiring a reduction in 58 |
---|
96 | | - | the building permit fee if the approval deadline is 59 |
---|
97 | | - | not met; providing an excepti on; amending s. 553.80, 60 |
---|
98 | | - | F.S.; authorizing local governments to use certain 61 |
---|
99 | | - | fees for certain technology upgrades; creating s. 62 |
---|
100 | | - | 553.9065, F.S.; providing that certain unvented attic 63 |
---|
101 | | - | and unvented enclosed rafter assemblies meet the 64 |
---|
102 | | - | requirements of the Florida Building Code, Energy 65 |
---|
103 | | - | Conservation; requiring the commission to review and 66 |
---|
104 | | - | consider certain provisions of law and technical 67 |
---|
105 | | - | amendments thereto and report its findings to the 68 |
---|
106 | | - | Legislature by a specified date; amending s. 440.103, 69 |
---|
107 | | - | F.S.; conforming a cross -reference; providing 70 |
---|
108 | | - | effective dates. 71 |
---|
109 | | - | 72 |
---|
110 | | - | Be It Enacted by the Legislature of the State of Florida: 73 |
---|
111 | | - | 74 |
---|
112 | | - | Section 1. Paragraph (c) of subsection (2) of section 75 |
---|
113 | | - | ENROLLED |
---|
114 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 88 | + | governments to use certain fees for certain technology 51 |
---|
| 89 | + | upgrades; creating s. 553.9065, F.S.; providing that 52 |
---|
| 90 | + | certain unvented attic and unvented enclosed rafter 53 |
---|
| 91 | + | assemblies meet the requirements of the Florida 54 |
---|
| 92 | + | Building Code, Energy Conservation; requiring the 55 |
---|
| 93 | + | commission to review and consider certain provisions 56 |
---|
| 94 | + | of law and technical amendments thereto and report its 57 |
---|
| 95 | + | findings to the Legislature by a specified date; 58 |
---|
| 96 | + | amending s. 440.103, F.S.; conforming a cross -59 |
---|
| 97 | + | reference; providing eff ective dates. 60 |
---|
| 98 | + | 61 |
---|
| 99 | + | Be It Enacted by the Legislature of the State of Florida: 62 |
---|
| 100 | + | 63 |
---|
| 101 | + | Section 1. Paragraph (g) is added to subsection (7) of 64 |
---|
| 102 | + | section 553.73, Florida Statutes, to read: 65 |
---|
| 103 | + | 553.73 Florida Building Code. — 66 |
---|
| 104 | + | (7) 67 |
---|
| 105 | + | (g) The commission shall modify sect ion 505 of the Florida 68 |
---|
| 106 | + | Building Code, 8th edition (2023), Existing Building, to state 69 |
---|
| 107 | + | that sealed drawings by a design professional may not be 70 |
---|
| 108 | + | required for the replacement of windows, doors, or garage doors. 71 |
---|
| 109 | + | Replacement windows, doors, and garage doors mus t be 72 |
---|
| 110 | + | installed in accordance with the manufacturer's instructions for 73 |
---|
| 111 | + | the appropriate wind zone and must meet design pressure 74 |
---|
| 112 | + | requirements and the requirements in the most recent version of 75 |
---|
| 113 | + | |
---|
| 114 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
125 | | - | 468.609, Florida Statutes, is amended to read: 76 |
---|
126 | | - | 468.609 Administration of this part; standards for 77 |
---|
127 | | - | certification; additional categories of certification. — 78 |
---|
128 | | - | (2) A person may take the examination for certification as 79 |
---|
129 | | - | a building code inspector or plans examiner pursuant to this 80 |
---|
130 | | - | part if the person: 81 |
---|
131 | | - | (c) Meets eligibility requirements according to one of the 82 |
---|
132 | | - | following criteria: 83 |
---|
133 | | - | 1. Demonstrates 4 years' combined experience in the field 84 |
---|
134 | | - | of construction or a related field, building code inspection, or 85 |
---|
135 | | - | plans review corresponding to the certification category sought; 86 |
---|
136 | | - | 2. Demonstrates a combination of postsec ondary education 87 |
---|
137 | | - | in the field of construction or a related field and experience 88 |
---|
138 | | - | which totals 3 years, with at least 1 year of such total being 89 |
---|
139 | | - | experience in construction, building code inspection, or plans 90 |
---|
140 | | - | review; 91 |
---|
141 | | - | 3. Demonstrates a combination of technic al education in 92 |
---|
142 | | - | the field of construction or a related field and experience 93 |
---|
143 | | - | which totals 3 years, with at least 1 year of such total being 94 |
---|
144 | | - | experience in construction, building code inspection, or plans 95 |
---|
145 | | - | review; 96 |
---|
146 | | - | 4. Currently holds a standard certificate is sued by the 97 |
---|
147 | | - | board or a firesafety inspector license issued under chapter 98 |
---|
148 | | - | 633, with a minimum of 3 years' verifiable full -time experience 99 |
---|
149 | | - | in firesafety inspection or firesafety plan review, and has 100 |
---|
150 | | - | ENROLLED |
---|
151 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 125 | + | the Florida Building Code. A copy of the manufacturer's 76 |
---|
| 126 | + | instructions must be submitted with the permit application for 77 |
---|
| 127 | + | replacement windows, doors, or garage doors. The manufacturer's 78 |
---|
| 128 | + | installation instructions may be printed or in digital format. 79 |
---|
| 129 | + | Section 2. Subsection (16) of section 553.79, Florida 80 |
---|
| 130 | + | Statutes, is amended to read: 81 |
---|
| 131 | + | 553.79 Permits; applications; issuance; inspections. — 82 |
---|
| 132 | + | (16) Except as provided in paragraph (e), a building 83 |
---|
| 133 | + | permit for a single-family residential dwelling must be issued 84 |
---|
| 134 | + | within 30 business days after receiving the permit application 85 |
---|
| 135 | + | unless the permit application fails to satisfy the Florida 86 |
---|
| 136 | + | Building Code or the enforcing agency's laws or ordinances. 87 |
---|
| 137 | + | (a) If a local enforcement agency fails to issue a 88 |
---|
| 138 | + | building permit for a single -family residential dwelling within 89 |
---|
| 139 | + | 30 business days after rec eiving the permit application, it must 90 |
---|
| 140 | + | reduce the building permit fee by 10 percent for each business 91 |
---|
| 141 | + | day that it fails to meet the deadline. Each 10 -percent 92 |
---|
| 142 | + | reduction shall be based on the original amount of the building 93 |
---|
| 143 | + | permit fee. 94 |
---|
| 144 | + | (b) A local enforcem ent agency does not have to reduce the 95 |
---|
| 145 | + | building permit fee if it provides written notice to the 96 |
---|
| 146 | + | applicant, by e-mail or United States Postal Service, within 30 97 |
---|
| 147 | + | business days after receiving the permit application, that 98 |
---|
| 148 | + | specifically states the reasons the p ermit application fails to 99 |
---|
| 149 | + | satisfy the Florida Building Code or the enforcing agency's laws 100 |
---|
| 150 | + | |
---|
| 151 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
162 | | - | satisfactorily completed a building code inspector or plans 101 |
---|
163 | | - | examiner training program that provides at least 100 hours but 102 |
---|
164 | | - | not more than 200 hours of cross -training in the certification 103 |
---|
165 | | - | category sought. The board shall establish by rule criteria for 104 |
---|
166 | | - | the development and implementation of the training programs. The 105 |
---|
167 | | - | board must accept all classroom training offered by an approved 106 |
---|
168 | | - | provider if the content substantially meets the intent of the 107 |
---|
169 | | - | classroom component of the training program; 108 |
---|
170 | | - | 5. Demonstrates a combination of the completion of an 109 |
---|
171 | | - | approved training program in the field of building code 110 |
---|
172 | | - | inspection or plan review and a minimum of 2 years' experience 111 |
---|
173 | | - | in the field of building code inspection, plan review, fire code 112 |
---|
174 | | - | inspections and fire plans review of new buildings as a 113 |
---|
175 | | - | firesafety inspector certified under s. 633.2 16, or 114 |
---|
176 | | - | construction. The approved training portion of this requirement 115 |
---|
177 | | - | must include proof of satisfactory completion of a training 116 |
---|
178 | | - | program that provides at least 200 hours but not more than 300 117 |
---|
179 | | - | hours of cross-training that is approved by the board in the 118 |
---|
180 | | - | chosen category of building code inspection or plan review in 119 |
---|
181 | | - | the certification category sought with at least 20 hours but not 120 |
---|
182 | | - | more than 30 hours of instruction in state laws, rules, and 121 |
---|
183 | | - | ethics relating to professional standards of practice, duties, 122 |
---|
184 | | - | and responsibilities of a certificateholder. The board shall 123 |
---|
185 | | - | coordinate with the Building Officials Association of Florida, 124 |
---|
186 | | - | Inc., to establish by rule the development and implementation of 125 |
---|
187 | | - | ENROLLED |
---|
188 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 162 | + | or ordinances. The written notice must also state that the 101 |
---|
| 163 | + | applicant has 10 business days after receiving the written 102 |
---|
| 164 | + | notice to submit revisions to correct the perm it application and 103 |
---|
| 165 | + | that failure to correct the application within 10 business days 104 |
---|
| 166 | + | will result in a denial of the application. 105 |
---|
| 167 | + | (c) The applicant has 10 business days after receiving the 106 |
---|
| 168 | + | written notice to address the reasons specified by the local 107 |
---|
| 169 | + | enforcement agency and submit revisions to correct the permit 108 |
---|
| 170 | + | application. If the applicant submits revisions within 10 109 |
---|
| 171 | + | business days after receiving the written notice, the local 110 |
---|
| 172 | + | enforcement agency has 10 business days after receiving such 111 |
---|
| 173 | + | revisions to approve o r deny the building permit unless the 112 |
---|
| 174 | + | applicant agrees to a longer period in writing. If the local 113 |
---|
| 175 | + | enforcement agency fails to issue or deny the building permit 114 |
---|
| 176 | + | within 10 business days after receiving the revisions, it must 115 |
---|
| 177 | + | reduce the building permit fee b y 20 percent for the first 116 |
---|
| 178 | + | business day that it fails to meet the deadline unless the 117 |
---|
| 179 | + | applicant agrees to a longer period in writing. For each 118 |
---|
| 180 | + | additional business day, but not to exceed 5 business days, that 119 |
---|
| 181 | + | the local enforcement agency fails to meet the d eadline, the 120 |
---|
| 182 | + | building permit fee must be reduced by an additional 10 percent. 121 |
---|
| 183 | + | Each reduction shall be based on the original amount of the 122 |
---|
| 184 | + | building permit fee. 123 |
---|
| 185 | + | (d) If any building permit fees are refunded under this 124 |
---|
| 186 | + | subsection, the surcharges provided in s. 468.631 or s. 553.721 125 |
---|
| 187 | + | |
---|
| 188 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
199 | | - | the training program. However, the board must accept all 126 |
---|
200 | | - | classroom training offered by an approved provider if the 127 |
---|
201 | | - | content substantially meets the intent of the classroom 128 |
---|
202 | | - | component of the training program; 129 |
---|
203 | | - | 6. Currently holds a standard certificate issued by the 130 |
---|
204 | | - | board or a firesafety inspector license issued under chapter 633 131 |
---|
205 | | - | and: 132 |
---|
206 | | - | a. Has at least 4 years' verifiable full -time experience 133 |
---|
207 | | - | as an inspector or plans examiner in a standard certification 134 |
---|
208 | | - | category currently held or has a minimum of 4 years' verifiable 135 |
---|
209 | | - | full-time experience as a firesafety inspector licensed under 136 |
---|
210 | | - | chapter 633. 137 |
---|
211 | | - | b. Has satisfactorily completed a building code inspector 138 |
---|
212 | | - | or plans examiner classroom training course or program that 139 |
---|
213 | | - | provides at least 200 but not more than 300 hours in the 140 |
---|
214 | | - | certification category sought, except for residential training 141 |
---|
215 | | - | programs, which must provide at least 500 but not more than 800 142 |
---|
216 | | - | hours of training as prescribed by the board. The board shall 143 |
---|
217 | | - | establish by rule criteria for the development and 144 |
---|
218 | | - | implementation of classroom training courses and programs in 145 |
---|
219 | | - | each certification categor y; or 146 |
---|
220 | | - | 7.a. Has completed a 4 -year internship certification 147 |
---|
221 | | - | program as a building code inspector or plans examiner , 148 |
---|
222 | | - | including an internship program for residential inspectors, 149 |
---|
223 | | - | while also employed full -time by a municipality, county, or 150 |
---|
224 | | - | ENROLLED |
---|
225 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 199 | + | must be recalculated based on the amount of the building permit 126 |
---|
| 200 | + | fees after the refund. 127 |
---|
| 201 | + | (e) A building permit for a single -family residential 128 |
---|
| 202 | + | dwelling applied for by a contractor licensed in this state on 129 |
---|
| 203 | + | behalf of a property owner who participates in a Community 130 |
---|
| 204 | + | Development Block Grant –Disaster Recovery program administered 131 |
---|
| 205 | + | by the Department of Economic Opportunity must be issued within 132 |
---|
| 206 | + | 15 working days after receipt of the application unless the 133 |
---|
| 207 | + | permit application fails to satisfy the Florida Building Code or 134 |
---|
| 208 | + | the enforcing agency's laws or ordinances. 135 |
---|
| 209 | + | Section 3. Paragraphs (o) through (r) of subsection (1) 136 |
---|
| 210 | + | and subsections (10) through (21) of section 553.791, Florida 137 |
---|
| 211 | + | Statutes, are redesignated as paragr aphs (p) through (s) and 138 |
---|
| 212 | + | subsections (11) through (22), respectively, present paragraph 139 |
---|
| 213 | + | (o) of subsection (1), paragraph (c) of subsection (4), 140 |
---|
| 214 | + | paragraphs (b) and (d) of subsection (7), paragraph (b) of 141 |
---|
| 215 | + | present subsection (13), paragraph (b) of present sub section 142 |
---|
| 216 | + | (16), and present subsection (19) are amended, and a new 143 |
---|
| 217 | + | paragraph (o) is added to subsection (1) and a new subsection 144 |
---|
| 218 | + | (10) is added to that section, to read: 145 |
---|
| 219 | + | 553.791 Alternative plans review and inspection. — 146 |
---|
| 220 | + | (1) As used in this section, the te rm: 147 |
---|
| 221 | + | (o) "Private provider firm" means a business organization, 148 |
---|
| 222 | + | including a corporation, partnership, business trust, or other 149 |
---|
| 223 | + | legal entity, which offers services under this chapter to the 150 |
---|
| 224 | + | |
---|
| 225 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
236 | | - | other governmental jurisdiction, under the direct supervision of 151 |
---|
237 | | - | a certified building official. A person may also complete the 152 |
---|
238 | | - | internship certification program , including an internship 153 |
---|
239 | | - | program for residential inspectors, while employed full time by 154 |
---|
240 | | - | a private provider or a private provider's firm that performs 155 |
---|
241 | | - | the services of a building code inspector or plans examiner, 156 |
---|
242 | | - | while under the direct supervision of a certified building 157 |
---|
243 | | - | official. Proof of graduation with a related vocational degree 158 |
---|
244 | | - | or college degree or of verifiable work experience may be 159 |
---|
245 | | - | exchanged for the internship experience requirement year -for-160 |
---|
246 | | - | year, but may reduce the requirement to no less than 1 year. 161 |
---|
247 | | - | b. Has passed an examination administered by the 162 |
---|
248 | | - | International Code Council in the certifica tion category sought. 163 |
---|
249 | | - | Such examination must be passed before beginning the internship 164 |
---|
250 | | - | certification program. 165 |
---|
251 | | - | c. Has passed the principles and practice examination 166 |
---|
252 | | - | before completing the internship certification program. 167 |
---|
253 | | - | d. Has passed a board -approved 40-hour code training 168 |
---|
254 | | - | course in the certification category sought before completing 169 |
---|
255 | | - | the internship certification program. 170 |
---|
256 | | - | e. Has obtained a favorable recommendation from the 171 |
---|
257 | | - | supervising building official after completion of the internship 172 |
---|
258 | | - | certification program. 173 |
---|
259 | | - | Section 2. Paragraph (g) is added to subsection (7) of 174 |
---|
260 | | - | section 553.73, Florida Statutes, to read: 175 |
---|
261 | | - | ENROLLED |
---|
262 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 236 | + | public through licensees who are acting as agents, employees, 151 |
---|
| 237 | + | officers, or partners of the firm. A person who is licensed as a 152 |
---|
| 238 | + | building code administrator under part XII of chapter 468, an 153 |
---|
| 239 | + | engineer under chapter 471, or an architect under chapter 481 154 |
---|
| 240 | + | may act as a private provider for an agent, employee, or officer 155 |
---|
| 241 | + | of the private provider firm. 156 |
---|
| 242 | + | (p)(o) "Request for certificate of occupancy or 157 |
---|
| 243 | + | certificate of completion" means a properly completed and 158 |
---|
| 244 | + | executed application for: 159 |
---|
| 245 | + | 1. A certificate of occupancy or certificate of 160 |
---|
| 246 | + | completion. 161 |
---|
| 247 | + | 2. A certificate of compliance fro m the private provider 162 |
---|
| 248 | + | required under subsection (13) (12). 163 |
---|
| 249 | + | 3. Any applicable fees. 164 |
---|
| 250 | + | 4. Any documents required by the local building official 165 |
---|
| 251 | + | to determine that the fee owner has secured all other government 166 |
---|
| 252 | + | approvals required by law. 167 |
---|
| 253 | + | (4) A fee owner or the fee owner's contractor using a 168 |
---|
| 254 | + | private provider to provide building code inspection services 169 |
---|
| 255 | + | shall notify the local building official in writing at the time 170 |
---|
| 256 | + | of permit application, or by 2 p.m. local time, 2 business days 171 |
---|
| 257 | + | before the first scheduled in spection by the local building 172 |
---|
| 258 | + | official or building code enforcement agency that a private 173 |
---|
| 259 | + | provider has been contracted to perform the required inspections 174 |
---|
| 260 | + | of construction under this section, including single -trade 175 |
---|
| 261 | + | |
---|
| 262 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
273 | | - | 553.73 Florida Building Code. — 176 |
---|
274 | | - | (7) 177 |
---|
275 | | - | (g) The commission shall modify the Florida Building Code 178 |
---|
276 | | - | to state that sealed drawings by a design professi onal are not 179 |
---|
277 | | - | required for the replacement of windows, doors, or garage doors 180 |
---|
278 | | - | in an existing one-family or two-family dwelling or townhouse if 181 |
---|
279 | | - | all of the following conditions are met: 182 |
---|
280 | | - | 1. The replacement windows, doors, or garage doors are 183 |
---|
281 | | - | installed in accordance with the manufacturer's instructions for 184 |
---|
282 | | - | the appropriate wind zone. 185 |
---|
283 | | - | 2. The replacement windows, doors, or garage doors meet 186 |
---|
284 | | - | the design pressure requirements in the most recent version of 187 |
---|
285 | | - | the Florida Building Code, Residential. 188 |
---|
286 | | - | 3. A copy of the manufacturer's instructions is submitted 189 |
---|
287 | | - | with the permit application in a printed or digital format. 190 |
---|
288 | | - | 4. The replacement windows, doors, or garage doors are the 191 |
---|
289 | | - | same size and are installed in the same opening as the existing 192 |
---|
290 | | - | windows, doors, or garage door s. 193 |
---|
291 | | - | Section 3. Subsection (16) of section 553.79, Florida 194 |
---|
292 | | - | Statutes, is amended to read: 195 |
---|
293 | | - | 553.79 Permits; applications; issuance; inspections. — 196 |
---|
294 | | - | (16) Except as provided in paragraph (e), a building 197 |
---|
295 | | - | permit for a single-family residential dwelling must b e issued 198 |
---|
296 | | - | within 30 business days after receiving the permit application 199 |
---|
297 | | - | unless the permit application fails to satisfy the Florida 200 |
---|
298 | | - | ENROLLED |
---|
299 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 273 | + | inspections, on a form to be adopted by t he commission. This 176 |
---|
| 274 | + | notice shall include the following information: 177 |
---|
| 275 | + | (c) An acknowledgment from the fee owner or the fee 178 |
---|
| 276 | + | owner's contractor in substantially the following form: 179 |
---|
| 277 | + | 180 |
---|
| 278 | + | I have elected to use one or more private providers to 181 |
---|
| 279 | + | provide building code plans review and/or inspection 182 |
---|
| 280 | + | services on the building or structure that is the 183 |
---|
| 281 | + | subject of the enclosed permit application, as 184 |
---|
| 282 | + | authorized by s. 553.791, Florida Statutes. I 185 |
---|
| 283 | + | understand that the local building official may not 186 |
---|
| 284 | + | review the plans submitted or perform the required 187 |
---|
| 285 | + | building inspections to determine compliance with the 188 |
---|
| 286 | + | applicable codes, except to the extent specified in 189 |
---|
| 287 | + | said law. Instead, plans review and/or required 190 |
---|
| 288 | + | building inspections will be performed by licensed or 191 |
---|
| 289 | + | certified personnel identif ied in the application. The 192 |
---|
| 290 | + | law requires minimum insurance requirements for such 193 |
---|
| 291 | + | personnel, but I understand that I may require more 194 |
---|
| 292 | + | insurance to protect my interests. By executing this 195 |
---|
| 293 | + | form, I acknowledge that I have made inquiry regarding 196 |
---|
| 294 | + | the competence of the licensed or certified personnel 197 |
---|
| 295 | + | and the level of their insurance and am satisfied that 198 |
---|
| 296 | + | my interests are adequately protected. I agree to 199 |
---|
| 297 | + | indemnify, defend, and hold harmless the local 200 |
---|
| 298 | + | |
---|
| 299 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
310 | | - | Building Code or the enforcing agency's laws or ordinances. 201 |
---|
311 | | - | (a) If a local enforcement agency fails to issue a 202 |
---|
312 | | - | building permit for a single-family residential dwelling within 203 |
---|
313 | | - | 30 business days after receiving the permit application, it must 204 |
---|
314 | | - | reduce the building permit fee by 10 percent for each business 205 |
---|
315 | | - | day that it fails to meet the deadline. Each 10 -percent 206 |
---|
316 | | - | reduction shall be b ased on the original amount of the building 207 |
---|
317 | | - | permit fee. 208 |
---|
318 | | - | (b) A local enforcement agency does not have to reduce the 209 |
---|
319 | | - | building permit fee if it provides written notice to the 210 |
---|
320 | | - | applicant, by e-mail or United States Postal Service, within 30 211 |
---|
321 | | - | business days after receiving the permit application, that 212 |
---|
322 | | - | specifically states the reasons the permit application fails to 213 |
---|
323 | | - | satisfy the Florida Building Code or the enforcing agency's laws 214 |
---|
324 | | - | or ordinances. The written notice must also state that the 215 |
---|
325 | | - | applicant has 10 business d ays after receiving the written 216 |
---|
326 | | - | notice to submit revisions to correct the permit application and 217 |
---|
327 | | - | that failure to correct the application within 10 business days 218 |
---|
328 | | - | will result in a denial of the application. 219 |
---|
329 | | - | (c) The applicant has 10 business days after rece iving the 220 |
---|
330 | | - | written notice to address the reasons specified by the local 221 |
---|
331 | | - | enforcement agency and submit revisions to correct the permit 222 |
---|
332 | | - | application. If the applicant submits revisions within 10 223 |
---|
333 | | - | business days after receiving the written notice, the local 224 |
---|
334 | | - | enforcement agency has 10 business days after receiving such 225 |
---|
335 | | - | ENROLLED |
---|
336 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 310 | + | government, the local building official, and their 201 |
---|
| 311 | + | building code enforcement personnel from any and all 202 |
---|
| 312 | + | claims arising from my use of these licensed or 203 |
---|
| 313 | + | certified personnel to perform building code 204 |
---|
| 314 | + | inspection services with respect to the building or 205 |
---|
| 315 | + | structure that is the subject of the enclosed permit 206 |
---|
| 316 | + | application. 207 |
---|
| 317 | + | 208 |
---|
| 318 | + | If the fee owner or the fee owner's contractor makes any changes 209 |
---|
| 319 | + | to the listed private providers or the services to be provided 210 |
---|
| 320 | + | by those private providers, the fee owner or the fee owner's 211 |
---|
| 321 | + | contractor shall, within 1 business day after any change or 212 |
---|
| 322 | + | within 2 business days before the next scheduled inspection, 213 |
---|
| 323 | + | update the notice to reflect such changes. A change of a duly 214 |
---|
| 324 | + | authorized representative named in the permit application does 215 |
---|
| 325 | + | not require a revision of the permit, and the building code 216 |
---|
| 326 | + | enforcement agency sha ll not charge a fee for making the change. 217 |
---|
| 327 | + | (7) 218 |
---|
| 328 | + | (b) If the local building official provides a written 219 |
---|
| 329 | + | notice of plan deficiencies to the permit applicant within the 220 |
---|
| 330 | + | prescribed 20-day period, the 20-day period shall be tolled 221 |
---|
| 331 | + | pending resolution of the mat ter. To resolve the plan 222 |
---|
| 332 | + | deficiencies, the permit applicant may elect to dispute the 223 |
---|
| 333 | + | deficiencies pursuant to subsection (15) (14) or to submit 224 |
---|
| 334 | + | revisions to correct the deficiencies. 225 |
---|
| 335 | + | |
---|
| 336 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
347 | | - | revisions to approve or deny the building permit unless the 226 |
---|
348 | | - | applicant agrees to a longer period in writing. If the local 227 |
---|
349 | | - | enforcement agency fails to issue or deny the building permit 228 |
---|
350 | | - | within 10 business days after receiving the revisions, it must 229 |
---|
351 | | - | reduce the building permit fee by 20 percent for the first 230 |
---|
352 | | - | business day that it fails to meet the deadline unless the 231 |
---|
353 | | - | applicant agrees to a longer period in writing. For each 232 |
---|
354 | | - | additional business day, but not to exceed 5 business days, that 233 |
---|
355 | | - | the local enforcement agency fails to meet the deadline, the 234 |
---|
356 | | - | building permit fee must be reduced by an additional 10 percent. 235 |
---|
357 | | - | Each reduction shall be based on the original amount of the 236 |
---|
358 | | - | building permit fee. 237 |
---|
359 | | - | (d) If any building permit fees are refunded under this 238 |
---|
360 | | - | subsection, the surcharges provided in s. 468.631 or s. 553.721 239 |
---|
361 | | - | must be recalculated based on the amount of the building permit 240 |
---|
362 | | - | fees after the refund. 241 |
---|
363 | | - | (e) A building permit for a single -family residential 242 |
---|
364 | | - | dwelling applied for by a contractor licensed in this state on 243 |
---|
365 | | - | behalf of a property owner who participates in a Community 244 |
---|
366 | | - | Development Block Grant –Disaster Recovery program administered 245 |
---|
367 | | - | by the Department of Economic Opportunity must be issued within 246 |
---|
368 | | - | 15 working days after receipt of the application unless the 247 |
---|
369 | | - | permit application fails to satisfy the Florida Building Code or 248 |
---|
370 | | - | the enforcing agency's laws or ordinances. 249 |
---|
371 | | - | Section 4. Present paragraphs (o) through (r) of 250 |
---|
372 | | - | ENROLLED |
---|
373 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 347 | + | (d) If the local building official provides a second 226 |
---|
| 348 | + | written notice of plan deficiencies to the permit applicant 227 |
---|
| 349 | + | within the prescribed time period, the permit applicant may 228 |
---|
| 350 | + | elect to dispute the deficiencies pursuant to subsection (15) 229 |
---|
| 351 | + | (14) or to submit additional revisions to correct the 230 |
---|
| 352 | + | deficiencies. For all revisions submit ted after the first 231 |
---|
| 353 | + | revision, the local building official has an additional 5 232 |
---|
| 354 | + | business days from the date of resubmittal to issue the 233 |
---|
| 355 | + | requested permit or to provide a written notice to the permit 234 |
---|
| 356 | + | applicant stating which of the previously identified plan 235 |
---|
| 357 | + | features remain in noncompliance with the applicable codes, with 236 |
---|
| 358 | + | specific reference to the relevant code chapters and sections. 237 |
---|
| 359 | + | (10) If the private provider is a person licensed as an 238 |
---|
| 360 | + | engineer under chapter 471 or an architect under chapter 481 and 239 |
---|
| 361 | + | affixes his or her professional seal to the affidavit required 240 |
---|
| 362 | + | under subsection (6), the local building official must issue the 241 |
---|
| 363 | + | requested permit or provide a written notice to the permit 242 |
---|
| 364 | + | applicant identifying the specific plan features that do not 243 |
---|
| 365 | + | comply with the applicable codes, as well as the specific code 244 |
---|
| 366 | + | chapters and sections, within 10 business days after receipt of 245 |
---|
| 367 | + | the permit application and affidavit. In such written notice, 246 |
---|
| 368 | + | the local building official must provide with specificity the 247 |
---|
| 369 | + | plan's deficiencies, the reasons the permit application failed, 248 |
---|
| 370 | + | and the applicable codes being violated. If the local building 249 |
---|
| 371 | + | official does not provide specific written notice to the permit 250 |
---|
| 372 | + | |
---|
| 373 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
384 | | - | subsection (1) and subsections (10) through (21) of section 251 |
---|
385 | | - | 553.791, Florida Statutes, are redesignated as paragraphs (p) 252 |
---|
386 | | - | through (s) and subsections (11) through (22), respectively, a 253 |
---|
387 | | - | new paragraph (o) is added to subsection (1) and a new 254 |
---|
388 | | - | subsection (10) is added to that section, and present paragraph 255 |
---|
389 | | - | (o) of subsection (1), paragraph (c) of subsection (4), 256 |
---|
390 | | - | paragraphs (b) and (d) of subsection (7), subsection (9), 257 |
---|
391 | | - | paragraph (b) of present subsection (13), paragraph (b) of 258 |
---|
392 | | - | present subsection (16), and present subsection (19) are 259 |
---|
393 | | - | amended, to read: 260 |
---|
394 | | - | 553.791 Alternative plans review and inspection. — 261 |
---|
395 | | - | (1) As used in this section, the term: 262 |
---|
396 | | - | (o) "Private provider firm" means a business organization, 263 |
---|
397 | | - | including a corporation, partnership, business trust, or other 264 |
---|
398 | | - | legal entity, which offers services under this chap ter to the 265 |
---|
399 | | - | public through licensees who are acting as agents, employees, 266 |
---|
400 | | - | officers, or partners of the firm. A person who is licensed as a 267 |
---|
401 | | - | building code administrator under part XII of chapter 468, an 268 |
---|
402 | | - | engineer under chapter 471, or an architect under chapte r 481 269 |
---|
403 | | - | may act as a private provider for an agent, employee, or officer 270 |
---|
404 | | - | of the private provider firm. 271 |
---|
405 | | - | (p)(o) "Request for certificate of occupancy or 272 |
---|
406 | | - | certificate of completion" means a properly completed and 273 |
---|
407 | | - | executed application for: 274 |
---|
408 | | - | 1. A certificate of occupancy or certificate of 275 |
---|
409 | | - | ENROLLED |
---|
410 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 384 | + | applicant within the prescribed 10 -day period, the permit 251 |
---|
| 385 | + | application is deemed appro ved as a matter of law, and the local 252 |
---|
| 386 | + | building official must issue the permit on the next business 253 |
---|
| 387 | + | day. 254 |
---|
| 388 | + | (14)(13) 255 |
---|
| 389 | + | (b) If the local building official does not provide notice 256 |
---|
| 390 | + | of the deficiencies within the applicable time periods under 257 |
---|
| 391 | + | paragraph (a), the r equest for a certificate of occupancy or 258 |
---|
| 392 | + | certificate of completion is automatically granted and deemed 259 |
---|
| 393 | + | issued as of the next business day. The local building official 260 |
---|
| 394 | + | must provide the applicant with the written certificate of 261 |
---|
| 395 | + | occupancy or certificate of co mpletion within 10 days after it 262 |
---|
| 396 | + | is automatically granted and issued. To resolve any identified 263 |
---|
| 397 | + | deficiencies, the applicant may elect to dispute the 264 |
---|
| 398 | + | deficiencies pursuant to subsection (15) (14) or to submit a 265 |
---|
| 399 | + | corrected request for a certificate of occupan cy or certificate 266 |
---|
| 400 | + | of completion. 267 |
---|
| 401 | + | (17)(16) 268 |
---|
| 402 | + | (b) A local enforcement agency, local building official, 269 |
---|
| 403 | + | or local government may establish, for private providers , 270 |
---|
| 404 | + | private provider firms, and duly authorized representatives 271 |
---|
| 405 | + | working within that jurisdiction, a system of registration to 272 |
---|
| 406 | + | verify compliance with the licensure requirements of paragraph 273 |
---|
| 407 | + | (1)(n) and the insurance requirements of subsection (18) (17). 274 |
---|
| 408 | + | (20)(19) A Each local building code enforcement agency may 275 |
---|
| 409 | + | |
---|
| 410 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
421 | | - | completion. 276 |
---|
422 | | - | 2. A certificate of compliance from the private provider 277 |
---|
423 | | - | required under subsection (13) (12). 278 |
---|
424 | | - | 3. Any applicable fees. 279 |
---|
425 | | - | 4. Any documents required by the local building official 280 |
---|
426 | | - | to determine that the fee owner has secured all other government 281 |
---|
427 | | - | approvals required by law. 282 |
---|
428 | | - | (4) A fee owner or the fee owner's contractor using a 283 |
---|
429 | | - | private provider to provide building code inspection services 284 |
---|
430 | | - | shall notify the local building official in wr iting at the time 285 |
---|
431 | | - | of permit application, or by 2 p.m. local time, 2 business days 286 |
---|
432 | | - | before the first scheduled inspection by the local building 287 |
---|
433 | | - | official or building code enforcement agency that a private 288 |
---|
434 | | - | provider has been contracted to perform the required i nspections 289 |
---|
435 | | - | of construction under this section, including single -trade 290 |
---|
436 | | - | inspections, on a form to be adopted by the commission. This 291 |
---|
437 | | - | notice shall include the following information: 292 |
---|
438 | | - | (c) An acknowledgment from the fee owner or the fee 293 |
---|
439 | | - | owner's contractor in substantially the following form: 294 |
---|
440 | | - | 295 |
---|
441 | | - | I have elected to use one or more private providers to 296 |
---|
442 | | - | provide building code plans review and/or inspection 297 |
---|
443 | | - | services on the building or structure that is the 298 |
---|
444 | | - | subject of the enclosed permit application, as 299 |
---|
445 | | - | authorized by s. 553.791, Florida Statutes. I 300 |
---|
446 | | - | ENROLLED |
---|
447 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 421 | + | not audit the performance of building code inspection services 276 |
---|
| 422 | + | by private providers operating within the local jurisdiction 277 |
---|
| 423 | + | until the local building code enforcement agency has created a 278 |
---|
| 424 | + | manual for standard operating audit procedures for the local 279 |
---|
| 425 | + | building code enforcement agency's internal inspect ion and 280 |
---|
| 426 | + | review staff, which includes, at a minimum, the purpose and 281 |
---|
| 427 | + | scope of the audit, the audit criteria, an explanation of audit 282 |
---|
| 428 | + | processes and objections, and detailed findings of areas of 283 |
---|
| 429 | + | noncompliance. The manual must be publicly available online or 284 |
---|
| 430 | + | the printed manual must be readily accessible in building 285 |
---|
| 431 | + | department offices. The staff's audit results from the previous 286 |
---|
| 432 | + | two quarters must be publicly available. The local building code 287 |
---|
| 433 | + | enforcement agency's private provider audit processes must 288 |
---|
| 434 | + | adhere to the local building code enforcement agency's posted 289 |
---|
| 435 | + | standard operating audit procedures . However, The same private 290 |
---|
| 436 | + | provider or private provider firm may not be audited more than 291 |
---|
| 437 | + | four times in a year month unless the local building official 292 |
---|
| 438 | + | determines a condition of a building constitutes an immediate 293 |
---|
| 439 | + | threat to public safety and welfare , which must be communicated 294 |
---|
| 440 | + | in writing to the private provider or private provider firm . 295 |
---|
| 441 | + | Work on a building or structure may proceed after inspection and 296 |
---|
| 442 | + | approval by a private provider . if the provider has given notice 297 |
---|
| 443 | + | of the inspection pursuant to subsection (9) and, subsequent to 298 |
---|
| 444 | + | such inspection and approval, The work may shall not be delayed 299 |
---|
| 445 | + | for completion of an inspection audit by the local building code 300 |
---|
| 446 | + | |
---|
| 447 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
458 | | - | understand that the local building official may not 301 |
---|
459 | | - | review the plans submitted or perform the required 302 |
---|
460 | | - | building inspections to determine compliance with the 303 |
---|
461 | | - | applicable codes, except to the extent specified in 304 |
---|
462 | | - | said law. Instead, plans review and/or required 305 |
---|
463 | | - | building inspections will be performed by licensed or 306 |
---|
464 | | - | certified personnel identified in the application. The 307 |
---|
465 | | - | law requires minimum insurance requirements for such 308 |
---|
466 | | - | personnel, but I understand that I may require more 309 |
---|
467 | | - | insurance to protect my interests. By executing this 310 |
---|
468 | | - | form, I acknowledge that I have made inquiry regarding 311 |
---|
469 | | - | the competence of the licensed or certified personnel 312 |
---|
470 | | - | and the level of their insurance and am satisfied that 313 |
---|
471 | | - | my interests are adequately protected. I agree to 314 |
---|
472 | | - | indemnify, defend, and hold harmless the local 315 |
---|
473 | | - | government, the local building official, and their 316 |
---|
474 | | - | building code enforcement personnel from any and all 317 |
---|
475 | | - | claims arising from my use of these licensed or 318 |
---|
476 | | - | certified personnel to perform building code 319 |
---|
477 | | - | inspection services with respect to the building or 320 |
---|
478 | | - | structure that is the subject of the enclosed permit 321 |
---|
479 | | - | application. 322 |
---|
480 | | - | 323 |
---|
481 | | - | If the fee owner or the fee owner's contractor makes any changes 324 |
---|
482 | | - | to the listed private providers or the services to be provided 325 |
---|
483 | | - | ENROLLED |
---|
484 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 458 | + | enforcement agency. 301 |
---|
| 459 | + | Section 4. Subsections (1) and (2) of section 553.792, 302 |
---|
| 460 | + | Florida Statutes, are amended to read: 303 |
---|
| 461 | + | 553.792 Building permit application to local government. — 304 |
---|
| 462 | + | (1)(a) A local government must approve, approve with 305 |
---|
| 463 | + | conditions, or deny a building permit application after receipt 306 |
---|
| 464 | + | of a completed and sufficient application within the following 307 |
---|
| 465 | + | timeframes, unless the applicant waives such timeframes in 308 |
---|
| 466 | + | writing: 309 |
---|
| 467 | + | 1. Within 30 business days after receiving a complete and 310 |
---|
| 468 | + | sufficient application, for an applicant using a local 311 |
---|
| 469 | + | government plans reviewer to obtain the following building 312 |
---|
| 470 | + | permits if the structure is less than 7,500 square feet: 313 |
---|
| 471 | + | residential units, including a single -family residential unit or 314 |
---|
| 472 | + | a single-family residential dwelling, accessory structure, 315 |
---|
| 473 | + | alarm, electrical, irrigation, landscaping, mechanical, 316 |
---|
| 474 | + | plumbing, or roofing. 317 |
---|
| 475 | + | 2. Within 60 business days after receiving a complete and 318 |
---|
| 476 | + | sufficient application, for an applicant using a local 319 |
---|
| 477 | + | government plans reviewer to obtain the following building 320 |
---|
| 478 | + | permits if the structure is 7,500 square feet or more: 321 |
---|
| 479 | + | residential units, including a single -family residential unit or 322 |
---|
| 480 | + | a single-family residential dwelling, accessory structure, 323 |
---|
| 481 | + | alarm, electrical, irrigation, landscaping, mechanical, 324 |
---|
| 482 | + | plumbing, or roofing. 325 |
---|
| 483 | + | |
---|
| 484 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
495 | | - | by those private provi ders, the fee owner or the fee owner's 326 |
---|
496 | | - | contractor shall, within 1 business day after any change or 327 |
---|
497 | | - | within 2 business days before the next scheduled inspection, 328 |
---|
498 | | - | update the notice to reflect such changes. A change of a duly 329 |
---|
499 | | - | authorized representative named in the permit application does 330 |
---|
500 | | - | not require a revision of the permit, and the building code 331 |
---|
501 | | - | enforcement agency shall not charge a fee for making the change. 332 |
---|
502 | | - | (7) 333 |
---|
503 | | - | (b) If the local building official provides a written 334 |
---|
504 | | - | notice of plan deficiencies to the permit applicant within the 335 |
---|
505 | | - | prescribed 20-day period, the 20-day period shall be tolled 336 |
---|
506 | | - | pending resolution of the matter. To resolve the plan 337 |
---|
507 | | - | deficiencies, the permit applicant may elect to dispute the 338 |
---|
508 | | - | deficiencies pursuant to subsection (15) (14) or to submit 339 |
---|
509 | | - | revisions to correct the deficiencies. 340 |
---|
510 | | - | (d) If the local building official provides a second 341 |
---|
511 | | - | written notice of plan deficiencies to the permit applicant 342 |
---|
512 | | - | within the prescribed time period, the permit applicant may 343 |
---|
513 | | - | elect to dispute the deficiencies pursuant to subsection (15) 344 |
---|
514 | | - | (14) or to submit additional revisions to correct the 345 |
---|
515 | | - | deficiencies. For all revisions submitted after the first 346 |
---|
516 | | - | revision, the local building official has an additional 5 347 |
---|
517 | | - | business days from the date of resubmittal to issue the 348 |
---|
518 | | - | requested permit or to provide a written notice to the permit 349 |
---|
519 | | - | applicant stating which of the previously identified plan 350 |
---|
520 | | - | ENROLLED |
---|
521 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 495 | + | 3. Within 60 business days after receiving a complete and 326 |
---|
| 496 | + | sufficient application, for an applicant using a local 327 |
---|
| 497 | + | government plans reviewer to obtain the following building 328 |
---|
| 498 | + | permits: signs or nonresidential buildings that are less than 329 |
---|
| 499 | + | 25,000 square feet. 330 |
---|
| 500 | + | 4. Within 60 business days after receiving a complete and 331 |
---|
| 501 | + | sufficient application, for an applicant using a local 332 |
---|
| 502 | + | government plans reviewer to obtain the following building 333 |
---|
| 503 | + | permits: multifamily residential, not exceeding 50 units. 334 |
---|
| 504 | + | 5. Within 10 business days after receiving a complete and 335 |
---|
| 505 | + | sufficient application, for an applicant using a master building 336 |
---|
| 506 | + | permit consistent with s. 553.794 to obtain a site -specific 337 |
---|
| 507 | + | building permit. 338 |
---|
| 508 | + | 6. Within 10 business days after receivin g a complete and 339 |
---|
| 509 | + | sufficient application, for an applicant for a single -family 340 |
---|
| 510 | + | residential dwelling applied for by a contractor licensed in 341 |
---|
| 511 | + | this state on behalf of a property owner who participates in a 342 |
---|
| 512 | + | Community Development Block Grant -Disaster Recovery pr ogram 343 |
---|
| 513 | + | administered by the Department of Commerce, unless the permit 344 |
---|
| 514 | + | application fails to satisfy the Florida Building Code or the 345 |
---|
| 515 | + | enforcing agency's laws or ordinances. 346 |
---|
| 516 | + | 347 |
---|
| 517 | + | However, the local government may not require the waiver of the 348 |
---|
| 518 | + | timeframes in this sec tion as a condition precedent to reviewing 349 |
---|
| 519 | + | an applicant's building permit application. 350 |
---|
| 520 | + | |
---|
| 521 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
532 | | - | features remain in noncompliance with the applicable codes, with 351 |
---|
533 | | - | specific reference to the relevant code chapters and sections. 352 |
---|
534 | | - | (9) A private provider performing required inspections 353 |
---|
535 | | - | under this section shall provide notice to the local building 354 |
---|
536 | | - | official of the approximate date and approximate time of any 355 |
---|
537 | | - | such inspection no later than the prior business day by 2 p.m. 356 |
---|
538 | | - | local time or by any later time permitted by the local building 357 |
---|
539 | | - | official in that jurisdiction . The local building official may 358 |
---|
540 | | - | not prohibit the private provider from performing any inspection 359 |
---|
541 | | - | outside the local building official's normal operating hours, 360 |
---|
542 | | - | including after hours, weekends, o r holidays. The local building 361 |
---|
543 | | - | official may visit the building site as often as necessary to 362 |
---|
544 | | - | verify that the private provider is performing all required 363 |
---|
545 | | - | inspections. A deficiency notice must be posted by the private 364 |
---|
546 | | - | provider, the duly authorized representa tive of the private 365 |
---|
547 | | - | provider, or the building department whenever a noncomplying 366 |
---|
548 | | - | item related to the building code or the permitted documents is 367 |
---|
549 | | - | found. Such notice may be physically posted at the job site or 368 |
---|
550 | | - | electronically posted. After corrections are mad e, the item must 369 |
---|
551 | | - | be reinspected by the private provider or representative before 370 |
---|
552 | | - | being concealed. Reinspection or reaudit fees shall not be 371 |
---|
553 | | - | charged by the local jurisdiction as a result of the local 372 |
---|
554 | | - | jurisdiction's audit inspection occurring before the perf ormance 373 |
---|
555 | | - | of the private provider's inspection or for any other 374 |
---|
556 | | - | administrative matter not involving the detection of a violation 375 |
---|
557 | | - | ENROLLED |
---|
558 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 532 | + | (b) A local government must meet the timeframes set forth 351 |
---|
| 533 | + | in this section for reviewing building permit applications 352 |
---|
| 534 | + | unless the timeframes set by local ordinance are m ore stringent 353 |
---|
| 535 | + | than those prescribed in this section. 354 |
---|
| 536 | + | (c) After Within 10 days of an applicant submits 355 |
---|
| 537 | + | submitting an application to the local government, the local 356 |
---|
| 538 | + | government must provide written notice to the applicant within 5 357 |
---|
| 539 | + | business days after receip t of the application advising shall 358 |
---|
| 540 | + | advise the applicant what information, if any, is needed to deem 359 |
---|
| 541 | + | or determine that the application is properly completed in 360 |
---|
| 542 | + | compliance with the filing requirements published by the local 361 |
---|
| 543 | + | government. If the local governme nt does not provide timely 362 |
---|
| 544 | + | written notice that the applicant has not submitted a the 363 |
---|
| 545 | + | properly completed application, the application is shall be 364 |
---|
| 546 | + | automatically deemed or determined to be properly completed and 365 |
---|
| 547 | + | accepted. 366 |
---|
| 548 | + | (d)1. Within 10 business 45 days after providing written 367 |
---|
| 549 | + | notice to the applicant that his or her application is properly 368 |
---|
| 550 | + | completed or upon receipt of any information needed to deem the 369 |
---|
| 551 | + | application complete receiving a completed application , a local 370 |
---|
| 552 | + | government must provide written notice to notify an applicant if 371 |
---|
| 553 | + | additional information is required for the local government to 372 |
---|
| 554 | + | determine the sufficiency of the application, and the notice 373 |
---|
| 555 | + | must shall specify the additional information that is required. 374 |
---|
| 556 | + | The applicant may must submit the additional information to the 375 |
---|
| 557 | + | |
---|
| 558 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
569 | | - | of the building code or a permit requirement. 376 |
---|
570 | | - | (10) If the private provider is a person licensed as an 377 |
---|
571 | | - | engineer under chapter 47 1 or an architect under chapter 481 and 378 |
---|
572 | | - | affixes his or her professional seal to the affidavit required 379 |
---|
573 | | - | under subsection (6), the local building official must issue the 380 |
---|
574 | | - | requested permit or provide a written notice to the permit 381 |
---|
575 | | - | applicant identifying the spe cific plan features that do not 382 |
---|
576 | | - | comply with the applicable codes, as well as the specific code 383 |
---|
577 | | - | chapters and sections, within 10 business days after receipt of 384 |
---|
578 | | - | the permit application and affidavit. In such written notice, 385 |
---|
579 | | - | the local building official must pr ovide with specificity the 386 |
---|
580 | | - | plan's deficiencies, the reasons the permit application failed, 387 |
---|
581 | | - | and the applicable codes being violated. If the local building 388 |
---|
582 | | - | official does not provide specific written notice to the permit 389 |
---|
583 | | - | applicant within the prescribed 10 -day period, the permit 390 |
---|
584 | | - | application is deemed approved as a matter of law, and the local 391 |
---|
585 | | - | building official must issue the permit on the next business 392 |
---|
586 | | - | day. 393 |
---|
587 | | - | (14)(13) 394 |
---|
588 | | - | (b) If the local building official does not provide notice 395 |
---|
589 | | - | of the deficiencies within the app licable time periods under 396 |
---|
590 | | - | paragraph (a), the request for a certificate of occupancy or 397 |
---|
591 | | - | certificate of completion is automatically granted and deemed 398 |
---|
592 | | - | issued as of the next business day. The local building official 399 |
---|
593 | | - | must provide the applicant with the writte n certificate of 400 |
---|
594 | | - | ENROLLED |
---|
595 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 569 | + | local government or request that the local government act 376 |
---|
| 570 | + | without the additional information. When reviewing an 377 |
---|
| 571 | + | application for a building permit, a local government may not 378 |
---|
| 572 | + | request additional information from the applicant more than two 379 |
---|
| 573 | + | times unless the applicant waives such limitation in writing. 380 |
---|
| 574 | + | The local government's second request for information must be 381 |
---|
| 575 | + | made within 10 business days after the local government receives 382 |
---|
| 576 | + | the additional information indicated in the first request. The 383 |
---|
| 577 | + | local government must determine the sufficiency of the 384 |
---|
| 578 | + | application within 10 business days after receiving the 385 |
---|
| 579 | + | additional information from a second request. If the local 386 |
---|
| 580 | + | government does not provide to the applicant timely written 387 |
---|
| 581 | + | notice that the applicant must submit additional information to 388 |
---|
| 582 | + | determine whether the application is sufficient, the application 389 |
---|
| 583 | + | is automatically deemed or determined to be sufficient. 390 |
---|
| 584 | + | 2. Before a second request for additional information may 391 |
---|
| 585 | + | be made, the local government must offer the applicant an 392 |
---|
| 586 | + | opportunity to meet in person or virtually with the local 393 |
---|
| 587 | + | government to attempt to resolve outstanding issues. 394 |
---|
| 588 | + | 3. If an applicant believes a request for additional 395 |
---|
| 589 | + | information is not authorized by ordinance, rule, statute, or 396 |
---|
| 590 | + | other legal authority, the local government, at the applicant's 397 |
---|
| 591 | + | written request, must process the application within 10 business 398 |
---|
| 592 | + | days after receipt of such request and approve the application, 399 |
---|
| 593 | + | approve the application with conditions, or deny t he application 400 |
---|
| 594 | + | |
---|
| 595 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
606 | | - | occupancy or certificate of completion within 10 days after it 401 |
---|
607 | | - | is automatically granted and issued. To resolve any identified 402 |
---|
608 | | - | deficiencies, the applicant may elect to dispute the 403 |
---|
609 | | - | deficiencies pursuant to subsection (15) (14) or to submit a 404 |
---|
610 | | - | corrected request for a certificate of occupancy or certificate 405 |
---|
611 | | - | of completion. 406 |
---|
612 | | - | (17)(16) 407 |
---|
613 | | - | (b) A local enforcement agency, local building official, 408 |
---|
614 | | - | or local government may establish, for private providers , 409 |
---|
615 | | - | private provider firms, and duly authorized representatives 410 |
---|
616 | | - | working within that jurisdiction, a system of registration to 411 |
---|
617 | | - | verify compliance with the licensure requirements of paragraph 412 |
---|
618 | | - | (1)(n) and the insurance requirements of subsection (18) (17). 413 |
---|
619 | | - | (20)(19) A Each local building code enfo rcement agency may 414 |
---|
620 | | - | not audit the performance of building code inspection services 415 |
---|
621 | | - | by private providers operating within the local jurisdiction 416 |
---|
622 | | - | until the agency has created standard operating private provider 417 |
---|
623 | | - | audit procedures for the agency's internal inspe ction and review 418 |
---|
624 | | - | staff, which includes, at a minimum, the private provider audit 419 |
---|
625 | | - | purpose and scope, private provider audit criteria, an 420 |
---|
626 | | - | explanation of private provider audit processes and objections, 421 |
---|
627 | | - | and detailed findings of areas of noncompliance. Such pr ivate 422 |
---|
628 | | - | provider audit procedures must be publicly available online and 423 |
---|
629 | | - | a printed version must be readily accessible in agency 424 |
---|
630 | | - | buildings. The private provider audit results of staff for the 425 |
---|
631 | | - | ENROLLED |
---|
632 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 606 | + | and provide the applicant with sufficient reason for such 401 |
---|
| 607 | + | denial. While the applicant responds to the request for 402 |
---|
| 608 | + | additional information, the 120 -day period described in this 403 |
---|
| 609 | + | subsection is tolled. Both parties may agree to a reasonable 404 |
---|
| 610 | + | request for an extension of time, particularly in the event of a 405 |
---|
| 611 | + | force majeure or other extraordinary circumstance. The local 406 |
---|
| 612 | + | government must approve, approve with conditions, or deny the 407 |
---|
| 613 | + | application within 120 days following receipt of a completed 408 |
---|
| 614 | + | application. 409 |
---|
| 615 | + | (e) A local government shall maintain on its website a 410 |
---|
| 616 | + | policy containing procedures and expectations for expedited 411 |
---|
| 617 | + | processing of those building permits and development orders 412 |
---|
| 618 | + | required by law to be expedited. 413 |
---|
| 619 | + | (b)1. When reviewing an application for a b uilding permit, 414 |
---|
| 620 | + | a local government may not request additional information from 415 |
---|
| 621 | + | the applicant more than three times, unless the applicant waives 416 |
---|
| 622 | + | such limitation in writing. 417 |
---|
| 623 | + | 2. If a local government requests additional information 418 |
---|
| 624 | + | from an applicant and the applicant submits the requested 419 |
---|
| 625 | + | additional information to the local government within 30 days 420 |
---|
| 626 | + | after receiving the request, the local government must, within 421 |
---|
| 627 | + | 15 days after receiving such information: 422 |
---|
| 628 | + | a. Determine if the application is properly completed; 423 |
---|
| 629 | + | b. Approve the application; 424 |
---|
| 630 | + | c. Approve the application with conditions; 425 |
---|
| 631 | + | |
---|
| 632 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
643 | | - | prior two quarters also must be publicly available. The agency's 426 |
---|
644 | | - | audit processes must adhere to the agency's posted standard 427 |
---|
645 | | - | operating audit procedures . However, The same private provider 428 |
---|
646 | | - | or private provider firm may not be audited more than four times 429 |
---|
647 | | - | in a year month unless the local building official determines a 430 |
---|
648 | | - | condition of a building constitutes an immediate threat to 431 |
---|
649 | | - | public safety and welfare , which must be communicated in writing 432 |
---|
650 | | - | to the private provider or private provider firm . Work on a 433 |
---|
651 | | - | building or structure may proceed after inspection and approval 434 |
---|
652 | | - | by a private provider. if the provider has given notice of the 435 |
---|
653 | | - | inspection pursuant to subsection (9) and, subsequent to such 436 |
---|
654 | | - | inspection and approval, The work may shall not be delayed for 437 |
---|
655 | | - | completion of an inspection audit by the local building code 438 |
---|
656 | | - | enforcement agency. 439 |
---|
657 | | - | Section 5. Subsections (1) and (2) of section 553.792, 440 |
---|
658 | | - | Florida Statutes, are amended to read: 441 |
---|
659 | | - | 553.792 Building permit application to local government. — 442 |
---|
660 | | - | (1)(a) A local government must approve, approve with 443 |
---|
661 | | - | conditions, or deny a building permit applica tion after receipt 444 |
---|
662 | | - | of a completed and sufficient application within the following 445 |
---|
663 | | - | timeframes, unless the applicant waives such timeframes in 446 |
---|
664 | | - | writing: 447 |
---|
665 | | - | 1. Within 30 business days after receiving a complete and 448 |
---|
666 | | - | sufficient application, for an applicant using a local 449 |
---|
667 | | - | government plans reviewer to obtain the following building 450 |
---|
668 | | - | ENROLLED |
---|
669 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 643 | + | d. Deny the application; or 426 |
---|
| 644 | + | e. Advise the applicant of information, if any, that is 427 |
---|
| 645 | + | needed to deem the application properly completed or to 428 |
---|
| 646 | + | determine the sufficiency of the ap plication. 429 |
---|
| 647 | + | 3. If a local government makes a second request for 430 |
---|
| 648 | + | additional information from the applicant and the applicant 431 |
---|
| 649 | + | submits the requested additional information to the local 432 |
---|
| 650 | + | government within 30 days after receiving the request, the local 433 |
---|
| 651 | + | government must, within 10 days after receiving such 434 |
---|
| 652 | + | information: 435 |
---|
| 653 | + | a. Determine if the application is properly completed; 436 |
---|
| 654 | + | b. Approve the application; 437 |
---|
| 655 | + | c. Approve the application with conditions; 438 |
---|
| 656 | + | d. Deny the application; or 439 |
---|
| 657 | + | e. Advise the applicant of inform ation, if any, that is 440 |
---|
| 658 | + | needed to deem the application properly completed or to 441 |
---|
| 659 | + | determine the sufficiency of the application. 442 |
---|
| 660 | + | 4. Before a third request for additional information may 443 |
---|
| 661 | + | be made, the applicant must be offered an opportunity to meet 444 |
---|
| 662 | + | with the local government to attempt to resolve outstanding 445 |
---|
| 663 | + | issues. If a local government makes a third request for 446 |
---|
| 664 | + | additional information from the applicant and the applicant 447 |
---|
| 665 | + | submits the requested additional information to the local 448 |
---|
| 666 | + | government within 30 days after receiving the request, the local 449 |
---|
| 667 | + | government must, within 10 days after receiving such information 450 |
---|
| 668 | + | |
---|
| 669 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
680 | | - | permits if the structure is less than 7,500 square feet: 451 |
---|
681 | | - | residential units, including a single -family residential unit or 452 |
---|
682 | | - | a single-family residential dwelling, accessory structure, 453 |
---|
683 | | - | alarm, electrical, irrigation, landscaping, mechanical, 454 |
---|
684 | | - | plumbing, or roofing. 455 |
---|
685 | | - | 2. Within 60 business days after receiving a complete and 456 |
---|
686 | | - | sufficient application, for an applicant using a local 457 |
---|
687 | | - | government plans reviewer to obtain the following building 458 |
---|
688 | | - | permits if the structure is 7,500 square feet or more: 459 |
---|
689 | | - | residential units, including a single -family residential unit or 460 |
---|
690 | | - | a single-family residential dwelling, accessory structure, 461 |
---|
691 | | - | alarm, electrical, irrigation, landscaping, mechanical, 462 |
---|
692 | | - | plumbing, or roofing. 463 |
---|
693 | | - | 3. Within 60 business days after receiving a complete and 464 |
---|
694 | | - | sufficient application, for an applicant using a local 465 |
---|
695 | | - | government plans reviewer to obtain the following building 466 |
---|
696 | | - | permits: signs or nonresidential buildings that are less than 467 |
---|
697 | | - | 25,000 square feet. 468 |
---|
698 | | - | 4. Within 60 business days after receiving a complete and 469 |
---|
699 | | - | sufficient application, for an applicant using a local 470 |
---|
700 | | - | government plans reviewer to obtain the following building 471 |
---|
701 | | - | permits: multifamily residential, not exceeding 50 units; site -472 |
---|
702 | | - | plan approvals and subdivisio n plats not requiring public 473 |
---|
703 | | - | hearing or public notice; and lot grading and site alteration. 474 |
---|
704 | | - | 5. Within 12 business days after receiving a complete and 475 |
---|
705 | | - | ENROLLED |
---|
706 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 680 | + | unless the applicant waived the local government's limitation in 451 |
---|
| 681 | + | writing, determine that the application is complete and: 452 |
---|
| 682 | + | a. Approve the application; 453 |
---|
| 683 | + | b. Approve the application with conditions; or 454 |
---|
| 684 | + | c. Deny the application. 455 |
---|
| 685 | + | 5. If the applicant believes the request for additional 456 |
---|
| 686 | + | information is not authorized by ordinance, rule, statute, or 457 |
---|
| 687 | + | other legal authority, the local government, at the applicant's 458 |
---|
| 688 | + | request, must process the application and either approve the 459 |
---|
| 689 | + | application, approve the application with conditions, or deny 460 |
---|
| 690 | + | the application. 461 |
---|
| 691 | + | (f)(c) If a local government fails to meet a deadline 462 |
---|
| 692 | + | under this subsection provided in paragraphs (a) and (b) , it 463 |
---|
| 693 | + | must reduce the building permit fee by 10 percent for each 464 |
---|
| 694 | + | business day that it fails to meet the deadline , unless the 465 |
---|
| 695 | + | parties agree in writing to a reasonable extension of time, the 466 |
---|
| 696 | + | delay is caused by the applicant, or the delay is attributable 467 |
---|
| 697 | + | to a force majeure or other extraordinary circumstances . Each 468 |
---|
| 698 | + | 10-percent reduction shall be based on the original amount of 469 |
---|
| 699 | + | the building permit fee, unless the parties agree to an 470 |
---|
| 700 | + | extension of time. 471 |
---|
| 701 | + | (2)(a) The procedures set forth in subsection (1) apply to 472 |
---|
| 702 | + | the following building permit applications: accessory structure; 473 |
---|
| 703 | + | alarm permit; nonresidential buildings less than 25,000 square 474 |
---|
| 704 | + | feet; electric; irrigation permit; landscaping; mechanical; 475 |
---|
| 705 | + | |
---|
| 706 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
717 | | - | sufficient application, for an applicant using a master building 476 |
---|
718 | | - | permit consistent with s. 553.794 to ob tain a site-specific 477 |
---|
719 | | - | building permit. 478 |
---|
720 | | - | 6. Within 10 business days after receiving a complete and 479 |
---|
721 | | - | sufficient application, for an applicant for a single -family 480 |
---|
722 | | - | residential dwelling applied for by a contractor licensed in 481 |
---|
723 | | - | this state on behalf of a property o wner who participates in a 482 |
---|
724 | | - | Community Development Block Grant -Disaster Recovery program 483 |
---|
725 | | - | administered by the Department of Commerce, unless the permit 484 |
---|
726 | | - | application fails to satisfy the Florida Building Code or the 485 |
---|
727 | | - | enforcing agency's laws or ordinances. 486 |
---|
728 | | - | 487 |
---|
729 | | - | However, the local government may not require the waiver of the 488 |
---|
730 | | - | timeframes in this section as a condition precedent to reviewing 489 |
---|
731 | | - | an applicant's building permit application. 490 |
---|
732 | | - | (b) A local government must meet the timeframes set forth 491 |
---|
733 | | - | in this section for rev iewing building permit applications 492 |
---|
734 | | - | unless the timeframes set by local ordinance are more stringent 493 |
---|
735 | | - | than those prescribed in this section. 494 |
---|
736 | | - | (c) After Within 10 days of an applicant submits 495 |
---|
737 | | - | submitting an application to the local government, the local 496 |
---|
738 | | - | government must provide written notice to the applicant within 5 497 |
---|
739 | | - | business days after receipt of the application advising shall 498 |
---|
740 | | - | advise the applicant what information, if any, is needed to deem 499 |
---|
741 | | - | or determine that the application is properly completed in 500 |
---|
742 | | - | ENROLLED |
---|
743 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 717 | + | plumbing; residential units other than a single family unit; 476 |
---|
| 718 | + | multifamily residential not exceeding 50 units; roofing; signs; 477 |
---|
| 719 | + | site-plan approvals and subdivision plats not requiring public 478 |
---|
| 720 | + | hearings or public notice; and lot grading and site alteration 479 |
---|
| 721 | + | associated with the permit application set forth in this 480 |
---|
| 722 | + | subsection. The proce dures set forth in subsection (1) do not 481 |
---|
| 723 | + | apply to permits for any wireless communications facilities or 482 |
---|
| 724 | + | when a law, agency rule, or local ordinance specify different 483 |
---|
| 725 | + | timeframes for review of local building permit applications . 484 |
---|
| 726 | + | (b) If A local government h as different timeframes than 485 |
---|
| 727 | + | the timeframes set forth in subsection (1) for reviewing 486 |
---|
| 728 | + | building permit applications described in paragraph (a), the 487 |
---|
| 729 | + | local government must meet the deadlines established by local 488 |
---|
| 730 | + | ordinance. If a local government does not meet an established 489 |
---|
| 731 | + | deadline to approve, approve with conditions, or deny an 490 |
---|
| 732 | + | application, it must reduce the building permit fee by 10 491 |
---|
| 733 | + | percent for each business day that it fails to meet the 492 |
---|
| 734 | + | deadline. Each 10-percent reduction shall be based on the 493 |
---|
| 735 | + | original amount of the building permit fee, unless the parties 494 |
---|
| 736 | + | agree to an extension of time. This paragraph does not apply to 495 |
---|
| 737 | + | permits for any wireless communications facilities. 496 |
---|
| 738 | + | Section 5. Paragraph (a) of subsection (7) of section 497 |
---|
| 739 | + | 553.80, Florida Statutes, is am ended to read: 498 |
---|
| 740 | + | 553.80 Enforcement. — 499 |
---|
| 741 | + | (7)(a) The governing bodies of local governments may 500 |
---|
| 742 | + | |
---|
| 743 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
754 | | - | compliance with the filing requirements published by the local 501 |
---|
755 | | - | government. If the local government does not provide timely 502 |
---|
756 | | - | written notice that the applicant has not submitted the properly 503 |
---|
757 | | - | completed application, the application is shall be automatically 504 |
---|
758 | | - | deemed or determined to be properly completed and accepted. 505 |
---|
759 | | - | Within 45 days after receiving a completed application, a local 506 |
---|
760 | | - | government must notify an applicant if additional information is 507 |
---|
761 | | - | required for the local government to determine the sufficiency 508 |
---|
762 | | - | of the application, and shall specify the additional information 509 |
---|
763 | | - | that is required. The applicant must submit the additional 510 |
---|
764 | | - | information to the local government or request that the local 511 |
---|
765 | | - | government act without the additional information. While the 512 |
---|
766 | | - | applicant responds to t he request for additional information, 513 |
---|
767 | | - | the 120-day period described in this subsection is tolled. Both 514 |
---|
768 | | - | parties may agree to a reasonable request for an extension of 515 |
---|
769 | | - | time, particularly in the event of a force majeure or other 516 |
---|
770 | | - | extraordinary circumstance. The local government must approve, 517 |
---|
771 | | - | approve with conditions, or deny the application within 120 days 518 |
---|
772 | | - | following receipt of a completed application. 519 |
---|
773 | | - | (d) A local government shall maintain on its website a 520 |
---|
774 | | - | policy containing procedures and expectations for expedi ted 521 |
---|
775 | | - | processing of those building permits and development orders 522 |
---|
776 | | - | required by law to be expedited. 523 |
---|
777 | | - | (b)1. When reviewing an application for a building permit, 524 |
---|
778 | | - | a local government may not request additional information from 525 |
---|
779 | | - | ENROLLED |
---|
780 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 754 | + | provide a schedule of reasonable fees, as authorized by s. 501 |
---|
| 755 | + | 125.56(2) or s. 166.222 and this section, for enforcing this 502 |
---|
| 756 | + | part. These fees, and any fines or investme nt earnings related 503 |
---|
| 757 | + | to the fees, may only shall be used solely for carrying out the 504 |
---|
| 758 | + | local government's responsibilities in enforcing the Florida 505 |
---|
| 759 | + | Building Code. When providing a schedule of reasonable fees, the 506 |
---|
| 760 | + | total estimated annual revenue derived from fe es, and the fines 507 |
---|
| 761 | + | and investment earnings related to the fees, may not exceed the 508 |
---|
| 762 | + | total estimated annual costs of allowable activities. Any 509 |
---|
| 763 | + | unexpended balances must be carried forward to future years for 510 |
---|
| 764 | + | allowable activities or must be refunded at the disc retion of 511 |
---|
| 765 | + | the local government. A local government may not carry forward 512 |
---|
| 766 | + | an amount exceeding the average of its operating budget for 513 |
---|
| 767 | + | enforcing the Florida Building Code for the previous 4 fiscal 514 |
---|
| 768 | + | years. For purposes of this subsection, the term "operating 515 |
---|
| 769 | + | budget" does not include reserve amounts. Any amount exceeding 516 |
---|
| 770 | + | this limit must be used as authorized in subparagraph 2. 517 |
---|
| 771 | + | However, a local government that established, as of January 1, 518 |
---|
| 772 | + | 2019, a Building Inspections Fund Advisory Board consisting of 519 |
---|
| 773 | + | five members from the construction stakeholder community and 520 |
---|
| 774 | + | carries an unexpended balance in excess of the average of its 521 |
---|
| 775 | + | operating budget for the previous 4 fiscal years may continue to 522 |
---|
| 776 | + | carry such excess funds forward upon the recommendation of the 523 |
---|
| 777 | + | advisory board. The basis for a fee structure for allowable 524 |
---|
| 778 | + | activities must relate to the level of service provided by the 525 |
---|
| 779 | + | |
---|
| 780 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
791 | | - | the applicant more than three times , unless the applicant waives 526 |
---|
792 | | - | such limitation in writing. 527 |
---|
793 | | - | 2. If a local government requests additional information 528 |
---|
794 | | - | from an applicant and the applicant submits the requested 529 |
---|
795 | | - | additional information to the local government within 30 days 530 |
---|
796 | | - | after receiving the request, the local government must, within 531 |
---|
797 | | - | 15 days after receiving such information: 532 |
---|
798 | | - | a. Determine if the application is properly completed; 533 |
---|
799 | | - | b. Approve the application; 534 |
---|
800 | | - | c. Approve the application with conditions; 535 |
---|
801 | | - | d. Deny the application; or 536 |
---|
802 | | - | e. Advise the applicant of information, if any, that is 537 |
---|
803 | | - | needed to deem the application properly completed or to 538 |
---|
804 | | - | determine the sufficiency of the application. 539 |
---|
805 | | - | 3. If a local government makes a second request for 540 |
---|
806 | | - | additional information from the applicant and the applicant 541 |
---|
807 | | - | submits the requested additional information to the local 542 |
---|
808 | | - | government within 30 days after receiving the request, the local 543 |
---|
809 | | - | government must, within 10 days after receiving such 544 |
---|
810 | | - | information: 545 |
---|
811 | | - | a. Determine if the application is properly completed; 546 |
---|
812 | | - | b. Approve the application; 547 |
---|
813 | | - | c. Approve the application with conditions; 548 |
---|
814 | | - | d. Deny the application; or 549 |
---|
815 | | - | e. Advise the applicant of information, if any, that is 550 |
---|
816 | | - | ENROLLED |
---|
817 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 791 | + | local government and must include consideration for refunding 526 |
---|
| 792 | + | fees due to reduced services based on services provided as 527 |
---|
| 793 | + | prescribed by s. 553.791, bu t not provided by the local 528 |
---|
| 794 | + | government. Fees charged must be consistently applied. 529 |
---|
| 795 | + | 1. As used in this subsection, the phrase "enforcing the 530 |
---|
| 796 | + | Florida Building Code" includes the direct costs and reasonable 531 |
---|
| 797 | + | indirect costs associated with review of building plans, 532 |
---|
| 798 | + | building inspections, reinspections, and building permit 533 |
---|
| 799 | + | processing; building code enforcement; and fire inspections 534 |
---|
| 800 | + | associated with new construction. The phrase may also include 535 |
---|
| 801 | + | training costs associated with the enforcement of the Florida 536 |
---|
| 802 | + | Building Code and enforcement action pertaining to unlicensed 537 |
---|
| 803 | + | contractor activity to the extent not funded by other user fees. 538 |
---|
| 804 | + | 2. A local government must use any excess funds that it is 539 |
---|
| 805 | + | prohibited from carrying forward to rebate and reduce fees, to 540 |
---|
| 806 | + | upgrade technology hardware and software systems to enhance 541 |
---|
| 807 | + | service delivery, or to pay for the construction of a building 542 |
---|
| 808 | + | or structure that houses a local government's building code 543 |
---|
| 809 | + | enforcement agency, or for the training programs for building 544 |
---|
| 810 | + | officials, inspectors, o r plans examiners associated with the 545 |
---|
| 811 | + | enforcement of the Florida Building Code. Excess funds used to 546 |
---|
| 812 | + | construct such a building or structure must be designated for 547 |
---|
| 813 | + | such purpose by the local government and may not be carried 548 |
---|
| 814 | + | forward for more than 4 consecuti ve years. An owner or builder 549 |
---|
| 815 | + | who has a valid building permit issued by a local government for 550 |
---|
| 816 | + | |
---|
| 817 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
828 | | - | needed to deem the application properly completed or to 551 |
---|
829 | | - | determine the sufficiency of the ap plication. 552 |
---|
830 | | - | 4. Before a third request for additional information may 553 |
---|
831 | | - | be made, the applicant must be offered an opportunity to meet 554 |
---|
832 | | - | with the local government to attempt to resolve outstanding 555 |
---|
833 | | - | issues. If a local government makes a third request for 556 |
---|
834 | | - | additional information from the applicant and the applicant 557 |
---|
835 | | - | submits the requested additional information to the local 558 |
---|
836 | | - | government within 30 days after receiving the request, the local 559 |
---|
837 | | - | government must, within 10 days after receiving such information 560 |
---|
838 | | - | unless the applicant waived the local government's limitation in 561 |
---|
839 | | - | writing, determine that the application is complete and: 562 |
---|
840 | | - | a. Approve the application; 563 |
---|
841 | | - | b. Approve the application with conditions; or 564 |
---|
842 | | - | c. Deny the application. 565 |
---|
843 | | - | 5. If the applicant believes the request f or additional 566 |
---|
844 | | - | information is not authorized by ordinance, rule, statute, or 567 |
---|
845 | | - | other legal authority, the local government, at the applicant's 568 |
---|
846 | | - | request, must process the application and either approve the 569 |
---|
847 | | - | application, approve the application with conditions, o r deny 570 |
---|
848 | | - | the application. 571 |
---|
849 | | - | (e)(c) If a local government fails to meet a deadline 572 |
---|
850 | | - | under this subsection provided in paragraphs (a) and (b) , it 573 |
---|
851 | | - | must reduce the building permit fee by 10 percent for each 574 |
---|
852 | | - | business day that it fails to meet the deadline , unless the 575 |
---|
853 | | - | ENROLLED |
---|
854 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 828 | + | a fee, or an association of owners or builders located in the 551 |
---|
| 829 | + | state that has members with valid building permits issued by a 552 |
---|
| 830 | + | local government for a fee, may brin g a civil action against the 553 |
---|
| 831 | + | local government that issued the permit for a fee to enforce 554 |
---|
| 832 | + | this subparagraph. 555 |
---|
| 833 | + | 3. The following activities may not be funded with fees 556 |
---|
| 834 | + | adopted for enforcing the Florida Building Code: 557 |
---|
| 835 | + | a. Planning and zoning or other genera l government 558 |
---|
| 836 | + | activities. 559 |
---|
| 837 | + | b. Inspections of public buildings for a reduced fee or no 560 |
---|
| 838 | + | fee. 561 |
---|
| 839 | + | c. Public information requests, community functions, 562 |
---|
| 840 | + | boards, and any program not directly related to enforcement of 563 |
---|
| 841 | + | the Florida Building Code. 564 |
---|
| 842 | + | d. Enforcement and implementation of any other local 565 |
---|
| 843 | + | ordinance, excluding validly adopted local amendments to the 566 |
---|
| 844 | + | Florida Building Code and excluding any local ordinance directly 567 |
---|
| 845 | + | related to enforcing the Florida Building Code as defined in 568 |
---|
| 846 | + | subparagraph 1. 569 |
---|
| 847 | + | 4. A local government must use recognized management, 570 |
---|
| 848 | + | accounting, and oversight practices to ensure that fees, fines, 571 |
---|
| 849 | + | and investment earnings generated under this subsection are 572 |
---|
| 850 | + | maintained and allocated or used solely for the purposes 573 |
---|
| 851 | + | described in subparagraph 1. 574 |
---|
| 852 | + | 5. The local enforcement agency, independent district, or 575 |
---|
| 853 | + | |
---|
| 854 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
865 | | - | parties agree in writing to a reasonable extension of time, the 576 |
---|
866 | | - | delay is caused by the applicant, or the delay is attributable 577 |
---|
867 | | - | to a force majeure or other extraordinary circumstances . Each 578 |
---|
868 | | - | 10-percent reduction shall be based on the original amount of 579 |
---|
869 | | - | the building permit fee, unless the parties agree to an 580 |
---|
870 | | - | extension of time. 581 |
---|
871 | | - | (f) A local enforcement agency does not have to reduce the 582 |
---|
872 | | - | building permit fee if it provides written notice to the 583 |
---|
873 | | - | applicant by e-mail or United States Postal Service within the 584 |
---|
874 | | - | respective timeframes in paragraph (a) which specifically states 585 |
---|
875 | | - | the reasons the permit application fails to satisfy the Florida 586 |
---|
876 | | - | Building Code or the enforcing agency's laws or ordinances. The 587 |
---|
877 | | - | written notice must also state that the applicant has 10 588 |
---|
878 | | - | business days after receiving the written notice to submit 589 |
---|
879 | | - | revisions to correct the permit application and that failure to 590 |
---|
880 | | - | correct the application within 10 business days will result in a 591 |
---|
881 | | - | denial of the application. 592 |
---|
882 | | - | (g) If the applicant submits revisions within 10 business 593 |
---|
883 | | - | days after receiving the written notice, the local enforcement 594 |
---|
884 | | - | agency has 10 business days after receiving such revisions to 595 |
---|
885 | | - | approve or deny the building permit unless the applicant agrees 596 |
---|
886 | | - | to a longer period in writing. If the local enforcement agency 597 |
---|
887 | | - | fails to issue or deny the building permit within 10 business 598 |
---|
888 | | - | days after receiving the revisions, it must reduce the building 599 |
---|
889 | | - | permit fee by 20 percent for each business day that it fails to 600 |
---|
890 | | - | ENROLLED |
---|
891 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 865 | + | special district may not require at any time, including at the 576 |
---|
| 866 | + | time of application for a permit, the payment of any additional 577 |
---|
| 867 | + | fees, charges, or expenses associated with: 578 |
---|
| 868 | + | a. Providing proof of licensure under chapter 489; 579 |
---|
| 869 | + | b. Recording or filing a license issued under this 580 |
---|
| 870 | + | chapter; 581 |
---|
| 871 | + | c. Providing, recording, or filing evidence of workers' 582 |
---|
| 872 | + | compensation insurance coverage as required by chapter 440; or 583 |
---|
| 873 | + | d. Charging surcharges or other similar fees not di rectly 584 |
---|
| 874 | + | related to enforcing the Florida Building Code. 585 |
---|
| 875 | + | Section 6. Effective July 1, 2025, section 553.9065, 586 |
---|
| 876 | + | Florida Statutes, is created to read: 587 |
---|
| 877 | + | 553.9065 Thermal efficiency standards for unvented attic 588 |
---|
| 878 | + | and unvented enclosed rafter assemblies. — 589 |
---|
| 879 | + | (1) Unvented attic and unvented enclosed rafter assemblies 590 |
---|
| 880 | + | that are insulated and air sealed with a minimum of R -20 air-591 |
---|
| 881 | + | impermeable insulation meet the requirements of sections R402 of 592 |
---|
| 882 | + | the Florida Building Code, 8th Edition (2023), Energy 593 |
---|
| 883 | + | Conservation, if all of the following apply: 594 |
---|
| 884 | + | (a) The building has a blower door test result of less 595 |
---|
| 885 | + | than 3 ACH50. 596 |
---|
| 886 | + | (b) The building has a positive input ventilation system 597 |
---|
| 887 | + | or a balanced or hybrid whole -house mechanical ventilation 598 |
---|
| 888 | + | system. 599 |
---|
| 889 | + | (c) If the insulation is installed below the roof deck and 600 |
---|
| 890 | + | |
---|
| 891 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
902 | | - | meet the deadline unless the applicant agrees to a longer period 601 |
---|
903 | | - | in writing. 602 |
---|
904 | | - | (2)(a) The procedures set forth in subsection (1) apply to 603 |
---|
905 | | - | the following building permit applications: accessory structure; 604 |
---|
906 | | - | alarm permit; nonresidential buildings less than 25,000 square 605 |
---|
907 | | - | feet; electric; irrigation permit; landscaping; mechanical; 606 |
---|
908 | | - | plumbing; residential units other than a single family unit; 607 |
---|
909 | | - | multifamily residential not exceeding 50 units; roofing; signs; 608 |
---|
910 | | - | site-plan approvals and subdivision plats not requiring public 609 |
---|
911 | | - | hearings or public notice; and lot grading and site alte ration 610 |
---|
912 | | - | associated with the permit application set forth in this 611 |
---|
913 | | - | subsection. The procedures set forth in subsection (1) do not 612 |
---|
914 | | - | apply to permits for any wireless communications facilities or 613 |
---|
915 | | - | when a law, agency rule, or local ordinance specify different 614 |
---|
916 | | - | timeframes for review of local building permit applications. 615 |
---|
917 | | - | (b) If a local government has different timeframes than 616 |
---|
918 | | - | the timeframes set forth in subsection (1) for reviewing 617 |
---|
919 | | - | building permit applications described in paragraph (a), the 618 |
---|
920 | | - | local government must me et the deadlines established by local 619 |
---|
921 | | - | ordinance. If a local government does not meet an established 620 |
---|
922 | | - | deadline to approve, approve with conditions, or deny an 621 |
---|
923 | | - | application, it must reduce the building permit fee by 10 622 |
---|
924 | | - | percent for each business day that it fai ls to meet the 623 |
---|
925 | | - | deadline. Each 10-percent reduction shall be based on the 624 |
---|
926 | | - | original amount of the building permit fee, unless the parties 625 |
---|
927 | | - | ENROLLED |
---|
928 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
| 902 | + | the exposed portion of roof rafters is not already covered by 601 |
---|
| 903 | + | the R-20 air-impermeable insulation, the exposed portion of the 602 |
---|
| 904 | + | roof rafters is insulated by a minimum of R -3 air-impermeable 603 |
---|
| 905 | + | insulation unless directly covered by a finished ceiling. Roof 604 |
---|
| 906 | + | rafters are not required to be covered by a minimum of R -3 air-605 |
---|
| 907 | + | impermeable insulation if continuous insulation is installed 606 |
---|
| 908 | + | above the roof deck. 607 |
---|
| 909 | + | (d) All indoor heating, cooling, and ventilation equipment 608 |
---|
| 910 | + | and ductwork is inside the building thermal envelope. 609 |
---|
| 911 | + | (2) The commission shall review and consider this section 610 |
---|
| 912 | + | and any technical changes thereto and report such findings to 611 |
---|
| 913 | + | the Legislature by D ecember 31, 2024. 612 |
---|
| 914 | + | Section 7. Section 440.103, Florida Statutes, is amended 613 |
---|
| 915 | + | to read: 614 |
---|
| 916 | + | 440.103 Building permits; identification of minimum 615 |
---|
| 917 | + | premium policy.—Every employer shall, as a condition to applying 616 |
---|
| 918 | + | for and receiving a building permit, show proof a nd certify to 617 |
---|
| 919 | + | the permit issuer that it has secured compensation for its 618 |
---|
| 920 | + | employees under this chapter as provided in ss. 440.10 and 619 |
---|
| 921 | + | 440.38. Such proof of compensation must be evidenced by a 620 |
---|
| 922 | + | certificate of coverage issued by the carrier, a valid exemption 621 |
---|
| 923 | + | certificate approved by the department, or a copy of the 622 |
---|
| 924 | + | employer's authority to self -insure and shall be presented, 623 |
---|
| 925 | + | electronically or physically, each time the employer applies for 624 |
---|
| 926 | + | a building permit. As provided in s. 553.79(23) s. 553.79(24), 625 |
---|
| 927 | + | |
---|
| 928 | + | CS/CS/CS/HB 267, Engrossed 1 2024 |
---|
939 | | - | agree to an extension of time. This paragraph does not apply to 626 |
---|
940 | | - | permits for any wireless communications facilities. 627 |
---|
941 | | - | Section 6. Paragraph (a) of subsection (7) of section 628 |
---|
942 | | - | 553.80, Florida Statutes, is amended to read: 629 |
---|
943 | | - | 553.80 Enforcement. — 630 |
---|
944 | | - | (7)(a) The governing bodies of local governments may 631 |
---|
945 | | - | provide a schedule of reasonable fees, as authorized by s. 632 |
---|
946 | | - | 125.56(2) or s. 166.222 and this section, for enforcing this 633 |
---|
947 | | - | part. These fees, and any fines or investment earnings related 634 |
---|
948 | | - | to the fees, may only shall be used solely for carrying out the 635 |
---|
949 | | - | local government's responsibilities in enforcing the Florida 636 |
---|
950 | | - | Building Code. When providing a schedule of reasonable fees, the 637 |
---|
951 | | - | total estimated annual revenue derived from fees, and the fines 638 |
---|
952 | | - | and investment earnings related to the fees, may not exceed the 639 |
---|
953 | | - | total estimated annual costs of allowable activities. Any 640 |
---|
954 | | - | unexpended balances must be carried forward to future years for 641 |
---|
955 | | - | allowable activities or must be refunded at the discretion of 642 |
---|
956 | | - | the local government. A local government may not carry forward 643 |
---|
957 | | - | an amount exceeding the average of its operating budget for 644 |
---|
958 | | - | enforcing the Florida Building Code for the previous 4 fiscal 645 |
---|
959 | | - | years. For purposes of this subsection, the term "operating 646 |
---|
960 | | - | budget" does not include reserve amounts. Any amount exceeding 647 |
---|
961 | | - | this limit must be used as authorized in subparagraph 2. 648 |
---|
962 | | - | However, a local government that established, as of January 1, 649 |
---|
963 | | - | 2019, a Building Inspections Fund Advisory Board consisting of 650 |
---|
964 | | - | ENROLLED |
---|
965 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
966 | | - | |
---|
967 | | - | |
---|
968 | | - | |
---|
969 | | - | CODING: Words stricken are deletions; words underlined are additions. |
---|
970 | | - | hb0267-06-er |
---|
971 | | - | Page 27 of 31 |
---|
972 | | - | 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 |
---|
973 | | - | |
---|
974 | | - | |
---|
975 | | - | |
---|
976 | | - | five members from the construction stakeholder community and 651 |
---|
977 | | - | carries an unexpended balance in excess of the average of its 652 |
---|
978 | | - | operating budget for the previous 4 fisc al years may continue to 653 |
---|
979 | | - | carry such excess funds forward upon the recommendation of the 654 |
---|
980 | | - | advisory board. The basis for a fee structure for allowable 655 |
---|
981 | | - | activities must relate to the level of service provided by the 656 |
---|
982 | | - | local government and must include considerati on for refunding 657 |
---|
983 | | - | fees due to reduced services based on services provided as 658 |
---|
984 | | - | prescribed by s. 553.791, but not provided by the local 659 |
---|
985 | | - | government. Fees charged must be consistently applied. 660 |
---|
986 | | - | 1. As used in this subsection, the phrase "enforcing the 661 |
---|
987 | | - | Florida Building Code" includes the direct costs and reasonable 662 |
---|
988 | | - | indirect costs associated with review of building plans, 663 |
---|
989 | | - | building inspections, reinspections, and building permit 664 |
---|
990 | | - | processing; building code enforcement; and fire inspections 665 |
---|
991 | | - | associated with new construc tion. The phrase may also include 666 |
---|
992 | | - | training costs associated with the enforcement of the Florida 667 |
---|
993 | | - | Building Code and enforcement action pertaining to unlicensed 668 |
---|
994 | | - | contractor activity to the extent not funded by other user fees. 669 |
---|
995 | | - | 2. A local government must use any excess funds that it is 670 |
---|
996 | | - | prohibited from carrying forward to rebate and reduce fees, to 671 |
---|
997 | | - | upgrade technology hardware and software systems to enhance 672 |
---|
998 | | - | service delivery, or to pay for the construction of a building 673 |
---|
999 | | - | or structure that houses a local governmen t's building code 674 |
---|
1000 | | - | enforcement agency, or for the training programs for building 675 |
---|
1001 | | - | ENROLLED |
---|
1002 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
1003 | | - | |
---|
1004 | | - | |
---|
1005 | | - | |
---|
1006 | | - | CODING: Words stricken are deletions; words underlined are additions. |
---|
1007 | | - | hb0267-06-er |
---|
1008 | | - | Page 28 of 31 |
---|
1009 | | - | 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 |
---|
1010 | | - | |
---|
1011 | | - | |
---|
1012 | | - | |
---|
1013 | | - | officials, inspectors, or plans examiners associated with the 676 |
---|
1014 | | - | enforcement of the Florida Building Code. Excess funds used to 677 |
---|
1015 | | - | construct such a building or structure must be desi gnated for 678 |
---|
1016 | | - | such purpose by the local government and may not be carried 679 |
---|
1017 | | - | forward for more than 4 consecutive years. An owner or builder 680 |
---|
1018 | | - | who has a valid building permit issued by a local government for 681 |
---|
1019 | | - | a fee, or an association of owners or builders located in the 682 |
---|
1020 | | - | state that has members with valid building permits issued by a 683 |
---|
1021 | | - | local government for a fee, may bring a civil action against the 684 |
---|
1022 | | - | local government that issued the permit for a fee to enforce 685 |
---|
1023 | | - | this subparagraph. 686 |
---|
1024 | | - | 3. The following activities may not be fu nded with fees 687 |
---|
1025 | | - | adopted for enforcing the Florida Building Code: 688 |
---|
1026 | | - | a. Planning and zoning or other general government 689 |
---|
1027 | | - | activities. 690 |
---|
1028 | | - | b. Inspections of public buildings for a reduced fee or no 691 |
---|
1029 | | - | fee. 692 |
---|
1030 | | - | c. Public information requests, community functions, 693 |
---|
1031 | | - | boards, and any program not directly related to enforcement of 694 |
---|
1032 | | - | the Florida Building Code. 695 |
---|
1033 | | - | d. Enforcement and implementation of any other local 696 |
---|
1034 | | - | ordinance, excluding validly adopted local amendments to the 697 |
---|
1035 | | - | Florida Building Code and excluding any local ordinance directly 698 |
---|
1036 | | - | related to enforcing the Florida Building Code as defined in 699 |
---|
1037 | | - | subparagraph 1. 700 |
---|
1038 | | - | ENROLLED |
---|
1039 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
1040 | | - | |
---|
1041 | | - | |
---|
1042 | | - | |
---|
1043 | | - | CODING: Words stricken are deletions; words underlined are additions. |
---|
1044 | | - | hb0267-06-er |
---|
1045 | | - | Page 29 of 31 |
---|
1046 | | - | 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 |
---|
1047 | | - | |
---|
1048 | | - | |
---|
1049 | | - | |
---|
1050 | | - | 4. A local government must use recognized management, 701 |
---|
1051 | | - | accounting, and oversight practices to ensure that fees, fines, 702 |
---|
1052 | | - | and investment earnings generated under this subse ction are 703 |
---|
1053 | | - | maintained and allocated or used solely for the purposes 704 |
---|
1054 | | - | described in subparagraph 1. 705 |
---|
1055 | | - | 5. The local enforcement agency, independent district, or 706 |
---|
1056 | | - | special district may not require at any time, including at the 707 |
---|
1057 | | - | time of application for a permit, the payment of any additional 708 |
---|
1058 | | - | fees, charges, or expenses associated with: 709 |
---|
1059 | | - | a. Providing proof of licensure under chapter 489; 710 |
---|
1060 | | - | b. Recording or filing a license issued under this 711 |
---|
1061 | | - | chapter; 712 |
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1062 | | - | c. Providing, recording, or filing evidence of workers' 713 |
---|
1063 | | - | compensation insurance coverage as required by chapter 440; or 714 |
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1064 | | - | d. Charging surcharges or other similar fees not directly 715 |
---|
1065 | | - | related to enforcing the Florida Building Code. 716 |
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1066 | | - | Section 7. Effective July 1, 2025, section 553.9065, 717 |
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1067 | | - | Florida Statutes, is created to read: 718 |
---|
1068 | | - | 553.9065 Thermal efficiency standards for unvented attic 719 |
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1069 | | - | and unvented enclosed rafter assemblies. — 720 |
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1070 | | - | (1) Unvented attic and unvented enclosed rafter assemblies 721 |
---|
1071 | | - | that are insulated and air sealed with a minimum of R -20 air-722 |
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1072 | | - | impermeable insulation meet the req uirements of sections R402 of 723 |
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1073 | | - | the Florida Building Code, 8th Edition (2023), Energy 724 |
---|
1074 | | - | Conservation, if all of the following apply: 725 |
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1075 | | - | ENROLLED |
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1076 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
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1077 | | - | |
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1078 | | - | |
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1079 | | - | |
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1080 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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1081 | | - | hb0267-06-er |
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1082 | | - | Page 30 of 31 |
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1083 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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1084 | | - | |
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1085 | | - | |
---|
1086 | | - | |
---|
1087 | | - | (a) The building has a blower door test result of less 726 |
---|
1088 | | - | than 3 ACH50. 727 |
---|
1089 | | - | (b) The building has a positive input ventilation system 728 |
---|
1090 | | - | or a balanced or hybrid whole -house mechanical ventilation 729 |
---|
1091 | | - | system. 730 |
---|
1092 | | - | (c) If the insulation is installed below the roof deck and 731 |
---|
1093 | | - | the exposed portion of roof rafters is not already covered by 732 |
---|
1094 | | - | the R-20 air-impermeable insulation, the exposed portion of the 733 |
---|
1095 | | - | roof rafters is insulated by a minimum of R -3 air-impermeable 734 |
---|
1096 | | - | insulation unless directly covered by a finished ceiling. Roof 735 |
---|
1097 | | - | rafters are not required to be covered by a minimum of R -3 air-736 |
---|
1098 | | - | impermeable insulation if continuous insulation is installed 737 |
---|
1099 | | - | above the roof deck. 738 |
---|
1100 | | - | (d) All indoor heating, cooling, and ventilation equipment 739 |
---|
1101 | | - | and ductwork is inside the building thermal envelope. 740 |
---|
1102 | | - | (2) The commission shall review and consider this section 741 |
---|
1103 | | - | and any technical changes thereto and report such findings to 742 |
---|
1104 | | - | the Legislature by December 31, 2024. 743 |
---|
1105 | | - | Section 8. Section 440.103, Florida Statutes, is amended 744 |
---|
1106 | | - | to read: 745 |
---|
1107 | | - | 440.103 Building permits; identification of minimum 746 |
---|
1108 | | - | premium policy.—Every employer shall, as a condition to applying 747 |
---|
1109 | | - | for and receiving a building permit, show proof and certify to 748 |
---|
1110 | | - | the permit issuer that it has secured compensation for its 749 |
---|
1111 | | - | employees under this chapter as provided in ss. 440.10 and 750 |
---|
1112 | | - | ENROLLED |
---|
1113 | | - | CS/CS/CS/HB 267, Engrossed 2 2024 Legislature |
---|
1114 | | - | |
---|
1115 | | - | |
---|
1116 | | - | |
---|
1117 | | - | CODING: Words stricken are deletions; words underlined are additions. |
---|
1118 | | - | hb0267-06-er |
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1119 | | - | Page 31 of 31 |
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1120 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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1121 | | - | |
---|
1122 | | - | |
---|
1123 | | - | |
---|
1124 | | - | 440.38. Such proof of compensation must be evidenced by a 751 |
---|
1125 | | - | certificate of coverage issued by the carrier, a valid exemption 752 |
---|
1126 | | - | certificate approved by the department, or a copy of the 753 |
---|
1127 | | - | employer's authority to self -insure and shall be presented, 754 |
---|
1128 | | - | electronically or physically, each time the employer applies for 755 |
---|
1129 | | - | a building permit. As provided in s. 553.79(23) s. 553.79(24), 756 |
---|
1130 | | - | for the purpose of inspection and record retention, site plans 757 |
---|
1131 | | - | or building permits may be maintained at the worksite in the 758 |
---|
1132 | | - | original form or in the form of an electronic copy. These plans 759 |
---|
1133 | | - | and permits must be open to inspection by the building official 760 |
---|
1134 | | - | or a duly authorized representative, as required by the Florida 761 |
---|
1135 | | - | Building Code. As provided in s. 627.413(5), each certificate of 762 |
---|
1136 | | - | coverage must show, on its face, whether or not coverage is 763 |
---|
1137 | | - | secured under the minimum premium provisions of rules adopted by 764 |
---|
1138 | | - | rating organizations licensed pursuant to s. 627.221. The words 765 |
---|
1139 | | - | "minimum premium policy" or equivalent language shall be typed, 766 |
---|
1140 | | - | printed, stamped, or legibly handwritten. 767 |
---|
1141 | | - | Section 9. Except as otherwis e expressly provided in this 768 |
---|
1142 | | - | act and except for this section, which shall take effect upon 769 |
---|
1143 | | - | this act becoming a law, this act shall take effect January 1, 770 |
---|
1144 | | - | 2025. 771 |
---|
| 939 | + | for the purpose of inspection and record retention, site plans 626 |
---|
| 940 | + | or building permits may be maintained at the worksite in the 627 |
---|
| 941 | + | original form or in the form of an electronic copy. These plans 628 |
---|
| 942 | + | and permits must be open to inspection by the building official 629 |
---|
| 943 | + | or a duly authorized representative, as required by the Florida 630 |
---|
| 944 | + | Building Code. As provided in s. 627.413(5), each certificate of 631 |
---|
| 945 | + | coverage must show, on its face, whether or not coverage is 632 |
---|
| 946 | + | secured under the minimum premium provisions of rules adopted by 633 |
---|
| 947 | + | rating organizations licensed pursuant to s. 627.221. The words 634 |
---|
| 948 | + | "minimum premium policy" or equivalent language shall be typed, 635 |
---|
| 949 | + | printed, stamped, or legibly handwritten. 636 |
---|
| 950 | + | Section 8. Except as otherwise expressly provided in this 637 |
---|
| 951 | + | act and except for this section, which sha ll take effect upon 638 |
---|
| 952 | + | this act becoming a law, this act shall take effect January 1, 639 |
---|
| 953 | + | 2025. 640 |
---|