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