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A bill to be entitled 1
An act relating to private provider building 2
inspection services; amending s. 468.605, F.S.; 3
requiring that the Florida Building Code 4
Administrators and Inspectors Board include a 5
specified number of members who are private providers 6
or who are employed by private provider firms; 7
amending s. 553.74, F.S.; requiring that the Florida 8
Building Commission include a specified number of 9
members who are private providers or who are employed 10
by private provider firms and a specified number of 11
members who are licens ed contractors that use private 12
providers or private provider firms; encouraging the 13
Private Provider Association of Florida to recommend a 14
list of candidates for consideration; amending s. 15
553.791, F.S.; revising and defining terms; requiring 16
that building code inspection services provided by a 17
private provider be the subject of an agreement, 18
rather than a written contract, between the provider 19
or provider's firm and the fee owner or fee owner's 20
contractor; requiring that a reduced permit fee not 21
exceed certain costs incurred by the local 22
jurisdiction; prohibiting a local jurisdiction from 23
charging additional fees, including an administrative 24
fee, for building inspections if the fee owner or 25
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contractor hires a private provider to perform such 26
services; requiring a local jurisdiction to 27
immediately provide certain persons equal access to 28
all permitting and inspection documents and reports 29
under certain circumstances; revising the information 30
a fee owner or a fee owner's contractor must provide 31
to a local building official; revising conditions 32
under which a fee owner or fee owner's contractor is 33
authorized to use a private provider to provide 34
inspection services; revising the timeframe within 35
which a fee owner or a fee owner's contractor must 36
notify the local building official of the owner's or 37
contractor's intention to use a private provider; 38
prohibiting a local building official from performing 39
specified reviews of plans, drawings, or other related 40
documents determined by a private provider to be in 41
compliance with applicable codes; removing a provision 42
requiring a local building official to issue a 43
requested permit or provide a specified notice within 44
a certain timeframe; authorizing a local building 45
official to review certain forms and documents only 46
for completeness; requiring a local building official 47
to send written notice of incomplete forms or 48
documents within a specified timeframe; requiring the 49
local building official to issue a permit by the next 50
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business day if the local building official fails to 51
provide a specified notice within a specified 52
timeframe; requiring that a duly authorized 53
representative be managed, rather than employed, by a 54
private provider to receive specified benefits; 55
removing a requirement that a private provider 56
performing required inspections provide notice to the 57
local building official of the approximate date and 58
time of specified inspections; removing a provision 59
prohibiting a local building official from preventing 60
a private provider from performing any inspection 61
outside a certain timeframe; removing a provision 62
authorizing a local building official to visit a 63
building site as often as necessary to verify that a 64
private provider is performing required inspections; 65
removing a provision authorizing a building department 66
to satisfy a requirement that a certain deficiency 67
notice be posted; revising the reinspection fees that 68
a local jurisdiction is prohibited from charging; 69
prohibiting a local building official from visiting a 70
job site without written approval from the private 71
provider doing the work on the site; providing that a 72
local building official is not responsible for the 73
regulatory administration or supervision of building 74
code inspection services performed by a private 75
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provider; providing that certain private providers or 76
private provider firms are vested with the authority 77
of, and must serve as, the local building official 78
with respect to certain inspection services; 79
prohibiting a local building official from interfering 80
with the actions or activities of such private 81
providers or private provider firms; providing that 82
verification of certain licensure and insurance 83
requirements is the responsibility of the private 84
provider firm and that a local building official is 85
not required to verify compliance or store information 86
of such verification; removing a requirement that the 87
local building official, under certain circumstances, 88
issue a permit within a specified timeframe; revising 89
a provision authorizing a private provider to perform 90
emergency inspection services; requiring a pri vate 91
provider to record specified inspections on forms 92
provided by the Florida Building Commission, rather 93
than on forms acceptable to the local building 94
official; revising timeframes within which a private 95
provider must provide an inspection record to the 96
local building official and when the local building 97
official may waive such requirement; providing that a 98
private provider is not required to upload notices or 99
inspection results to a website or portal; requiring a 100
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private provider to prepare a certificat e of 101
compliance on a form provided by the commission, 102
rather than on a form acceptable to the local building 103
official; prohibiting a local building official from 104
performing building inspections of construction that a 105
private provider has determined to be c ompliant with 106
applicable codes; authorizing a local building 107
official to review specified forms and documents only 108
for completeness; revising the timeframe within which 109
a local building official must provide an applicant 110
with a written certificate of occup ancy or certificate 111
of completion; authorizing a local building official 112
to deny a permit or a request for specified 113
certificates if required forms or documents are 114
incomplete; providing that a system of registration is 115
not required for certain duly author ized 116
representatives; revising the authority of a local 117
building official to issue a stop -work order; 118
prohibiting a local building code enforcement agency 119
to perform certain audits until such agency has 120
created standard operating procedures; removing an 121
exception to the limit on the number of times in a 122
year that a private provider or private provider firm 123
may be audited; requiring that a private provider or 124
private provider firm be given notice within a 125
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specified timeframe before being audited; prohibiting 126
local governments, officials, and personnel from 127
prohibiting or discouraging the use of a private 128
provider or a private provider firm; providing that 129
local governments, officials, and personnel are not 130
immune from certain liability; authorizing a civil 131
cause of action for certain damages, relief, and 132
remedies; authorizing certain private providers to 133
serve as the local building official and issue 134
building permits; requiring that all information from 135
a private provider be provided to the property 136
appraiser for the county or the jurisdiction; 137
requiring that drawings be delivered in their original 138
electronic format; requiring that permits be publicly 139
available and that their status be available on the 140
Private Provider Association of Florida website for 141
specified purposes; authorizing the Private Provider 142
Association of Florida, or a similar nonprofit 143
association, to require a fee or subscription to 144
upload such information to its website or to use an 145
applications programming interface; requiring a 146
private provider to update such information within a 147
specified timeframe under certain circumstances; 148
requiring that the format of private provider permits 149
meet a specified standard and include specified 150
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information; providing legislative intent; requiring 151
that the permitting process be universally adopted as 152
a standard for this state; prohibiting the use of 153
certain forms or the use of custom procedures or 154
standards; authorizing the commission to implement 155
such permitting processes and review them for 156
consistency and relevance within a specified 157
timeframe; reenacting s. 633.216(6), F.S., relating to 158
inspection of buildings and equipment, orders, 159
firesafety inspection training requirements, 160
certification, and disciplinary action, to incorporate 161
the amendment made to s. 468 .605, F.S., in a reference 162
thereto; reenacting ss. 177.073(1)(c), 468.603(9), 163
468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l), 164
553.79(11), and 553.80(7)(a), F.S., relating to 165
expedited approval of residential building permits 166
before a final plat is rec orded; definitions; 167
disciplinary proceedings against building code 168
administrators and inspectors; disciplinary 169
proceedings against licensed engineers; disciplinary 170
proceedings against registered architects; permits, 171
applications, issuance, and inspections; and 172
enforcement, respectively, to incorporate the 173
amendment made to s. 553.791, F.S., in references 174
thereto; providing an effective date. 175
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176
Be It Enacted by the Legislature of the State of Florida: 177
178
Section 1. Subsection (2) of section 468.605, F lorida 179
Statutes, is amended to read: 180
468.605 Florida Building Code Administrators and 181
Inspectors Board.— 182
(2) The board shall consist of nine members, as follows: 183
(a) One member who is an architect licensed pursuant to 184
chapter 481, an engineer license d pursuant to chapter 471, or a 185
contractor licensed pursuant to chapter 489. 186
(b) Two members serving as building code administrators , 187
one of whom must be a private provider as defined in s. 188
553.791(1) or be employed by a private provider firm as defined 189
in s. 553.791(1). 190
(c) Two members serving as building code inspectors , one 191
of whom must be a private provider as defined in s. 553.791(1) 192
or be employed by a private provider firm as defined in s. 193
553.791(1). 194
(d) One member serving as a plans examiner. 195
(e) One member who is a representative of a city or a 196
charter county. 197
(f) Two consumer members who are not, and have never been, 198
members of a profession regulated under this part, chapter 481, 199
chapter 471, or chapter 489. One of the consumer members m ust be 200
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a person with a disability or a representative of an 201
organization which represents persons with disabilities. 202
203
None of The board members described in paragraph (a) or 204
paragraph (f) may not be an employee of a municipal, county, or 205
state governmental agency. 206
Section 2. Subsection (1) of section 553.74, Florida 207
Statutes, is amended to read: 208
553.74 Florida Building Commission. — 209
(1) The Florida Building Commission is created and located 210
within the Department of Business and Professional Regulation 211
for administrative purposes. Members are appointed by the 212
Governor subject to confirmation by the Senate. The commission 213
is composed of 23 19 members, consisting of the following 214
members: 215
(a) One architect licensed pursuant to chapter 481 with at 216
least 5 years of experience in the design and construction of 217
buildings designated for Group E or Group I occupancies by the 218
Florida Building Code. The American Institute of Architects, 219
Florida Section, is encouraged to recommend a list of candidates 220
for consideration. 221
(b) One structural engineer registered to practice in this 222
state and actively engaged in the profession. The Florida 223
Engineering Society is encouraged to recommend a list of 224
candidates for consideration. 225
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(c) One air-conditioning contractor, mechanical 226
contractor, or mechanical engineer certified to do business in 227
this state and actively engaged in the profession. The Florida 228
Air Conditioning Contractors Association, the Florida 229
Refrigeration and Air Conditioning Contractors Association, the 230
Mechanical Contractors Association of Florida, and the Florida 231
Engineering Society are encouraged to recommend a list of 232
candidates for consideration. 233
(d) One electrical contractor or electrical engineer 234
certified to do business in this state and actively engaged in 235
the profession. The Florida Association of Electrical 236
Contractors; the National Electrical Contractors Association, 237
Florida Chapter; and the Florida Engineering Society are 238
encouraged to recommend a list of candidates for consideration. 239
(e) One certified general contractor or one certified 240
building contractor certified to do business in this state and 241
actively engaged in the pr ofession. The Associated Builders and 242
Contractors of Florida, the Florida Associated General 243
Contractors Council, the Florida Home Builders Association, and 244
the Union Contractors Association are encouraged to recommend a 245
list of candidates for consideratio n. 246
(f) One plumbing contractor licensed to do business in 247
this state and actively engaged in the profession. The Florida 248
Association of Plumbing, Heating, and Cooling Contractors is 249
encouraged to recommend a list of candidates for consideration. 250
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(g) One roofing or sheet metal contractor certified to do 251
business in this state and actively engaged in the profession. 252
The Florida Roofing, Sheet Metal, and Air Conditioning 253
Contractors Association and the Sheet Metal and Air Conditioning 254
Contractors' National Association are encouraged to recommend a 255
list of candidates for consideration. 256
(h) One certified residential contractor licensed to do 257
business in this state and actively engaged in the profession. 258
The Florida Home Builders Association is encouraged to recommend 259
a list of candidates for consideration. 260
(i) Three members who are municipal, county, or district 261
codes enforcement officials, one of whom is also a fire 262
official. The Building Officials Association of Florida and the 263
Florida Fire Marshals and Inspectors Association are encouraged 264
to recommend a list of candidates for consideration. 265
(j) One member of a Florida -based organization of persons 266
with disabilities or a nationally chartered organization of 267
persons with disabilities with chapters in th is state which 268
complies with or is certified to be compliant with the 269
requirements of the Americans with Disabilities Act of 1990, as 270
amended. 271
(k) One member of the manufactured buildings industry who 272
is licensed to do business in this state and is activ ely engaged 273
in the industry. The Florida Manufactured Housing Association is 274
encouraged to recommend a list of candidates for consideration. 275
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(l) One member of the building products manufacturing 276
industry who is authorized to do business in this state and is 277
actively engaged in the industry. The Florida Building Material 278
Association, the Florida Concrete and Products Association, and 279
the Fenestration Manufacturers Association are encouraged to 280
recommend a list of candidates for consideration. 281
(m) One member who is a representative of the building 282
owners and managers industry who is actively engaged in 283
commercial building ownership or management. The Building Owners 284
and Managers Association is encouraged to recommend a list of 285
candidates for consideration. 286
(n) One member who is a representative of the insurance 287
industry. The Florida Insurance Council is encouraged to 288
recommend a list of candidates for consideration. 289
(o) One member who is a swimming pool contractor licensed 290
to do business in this state a nd actively engaged in the 291
profession. The Florida Swimming Pool Association and the United 292
Pool and Spa Association are encouraged to recommend a list of 293
candidates for consideration. 294
(p) The Chief Resilience Officer or his or her designee. 295
(q) One member who is a representative of a natural gas 296
distribution system and who is actively engaged in the 297
distribution of natural gas in this state. The Florida Natural 298
Gas Association is encouraged to recommend a list of candidates 299
for consideration. 300
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(r) Two members who are private providers as defined in s. 301
553.791(1) or who are employed by private provider firms as 302
defined in s. 553.791(1). The Private Provider Association of 303
Florida is encouraged to recommend a list of candidates for 304
consideration. 305
(s) Two members who are licensed contractors as defined in 306
s. 489.105(3) and who utilize private providers as defined in s. 307
553.791(1) or private provider firms as defined in s. 553.791(1) 308
for inspections or plan reviews. The Private Provider 309
Association of Florida is encouraged to recommend a list of 310
candidates for consideration. 311
Section 3. Section 553.791, Florida Statutes, is amended 312
to read: 313
553.791 Alternative plans review and inspection. — 314
(1) As used in this section, the term: 315
(a) "Applicable cod es" means the Florida Building Code and 316
any local technical amendments to the Florida Building Code but 317
does not include the applicable minimum fire prevention and 318
firesafety codes adopted pursuant to chapter 633. 319
(b) "Audit" means the process to confirm that the building 320
code inspection services have been performed by the private 321
provider, including ensuring that the required affidavit for the 322
plan review has been properly completed and submitted with the 323
permit documents and that the minimum mandatory i nspections 324
required under the building code have been performed and 325
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properly recorded. The local building official may not replicate 326
the plan review or inspection being performed by the private 327
provider, unless expressly authorized by this section. 328
(b)(c) "Building" means any construction, erection, 329
alteration, demolition, or improvement of, or addition to, any 330
structure or site work for which permitting by a local 331
enforcement agency is required. 332
(c)(d) "Building code inspection services" means those 333
services described in s. 468.603(5) and (8) involving the review 334
of building plans as well as those services involving the review 335
of site plans and site work engineering plans or their 336
functional equivalent, to determine compliance with applicable 337
codes and those inspections required by law, conducted either in 338
person or virtually, of each phase of construction for which 339
permitting by a local enforcement agency is required to 340
determine compliance with applicable codes. 341
(d) "Building official" means a local building official or 342
a private provider who holds a building code administrator 343
license. 344
(e) "Commission" means the Florida Building Commission. 345
(f) "Deliver" or "delivery" means any method of delivery 346
used in conventional business or commercial practice, including 347
delivery by electronic transmissions such as e-mail or any other 348
form of electronic communication used to transmit information . 349
(g)(f) "Duly authorized representative" means an agent of 350
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the private provider identified in the permit application who 351
reviews plans or performs inspections as provided by this 352
section and who is licensed as an engineer under chapter 471 or 353
as an architect under chapter 481 or who holds a standard or 354
provisional certificate under part XII of chapter 468. A duly 355
authorized representative who only holds a provisional 356
certificate under part XII of chapter 468 must be under the 357
direct supervision of a person licensed as a building code 358
administrator under part XII of chapter 468. 359
(h)(g) "Electronic signature" means any letters, 360
characters, or symbols manifested by electronic or similar means 361
which are executed or adopted by a party with an intent to 362
authenticate a writing or record. 363
(i)(h) "Electronic transmission" or "submitted 364
electronically" means any form or process of communication not 365
directly involving the physical transfer of paper or another 366
tangible medium which is suitable for the retention, retrieval, 367
and reproduction of information by the recipient and is 368
retrievable in paper form by the receipt through an automated 369
process. All notices provided for in this section may be 370
transmitted electronically and shall have the same legal effect 371
as if physically posted or mailed. 372
(j)(i) "Electronically posted" means providing notices of 373
decisions, results, or records, including inspection records, 374
through the use of a website or other form of electronic 375
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communication used to transmit or display information. 376
(k) "Form" means any document or record that has been 377
adopted by the commission. 378
(l)(j) "Immediate threat to public safety and welfare" 379
means a building code violation that, if allowed to persist, 380
constitutes an immediate hazard that could result in death, 381
serious bodily injury, or significant property damage. This 382
paragraph does not limit the authority of the local building 383
official to issue a Notice of Corrective Action at any time 384
during the construction of a building project or any portion of 385
such project if the official determines that a condition of the 386
building or portion thereof may constitute a hazard when the 387
building is put into use following completion as long as the 388
condition cited is shown to be in violation of the building code 389
or approved plans. 390
(m)(k) "Local building official" means the individual 391
within the governing jurisdiction responsible for direct 392
regulatory administration or supervision of plans review, 393
enforcement, and inspection of any construction, erection, 394
alteration, demolition, or substantial improvement of, or 395
addition to, any structure for which permitting is required to 396
indicate compliance with applicable codes and includes any duly 397
authorized designee of such person. 398
(n) "Management" means the individuals or entities withi n 399
a private provider firm which are duly authorized to oversee, 400
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direct, and make decisions on behalf of the firm in the conduct 401
of building inspection and building inspection -related services. 402
Such individuals or entities may include, but are not limited 403
to, the following: 404
1. Executive officers who hold senior positions within the 405
firm, such as the president, chief executive officer, chief 406
operating officer, chief financial officer, or other designated 407
executive who is responsible for the overall strategi c direction 408
and operational management of the firm. 409
2. Authorized representatives who have been officially 410
designated by the executive officers to act on behalf of the 411
private provider firm. An authorized representative must have 412
documented authorization to submit inspection reports, 413
correspond with regulatory authorities, and perform other 414
necessary duties as required by law or by contractual 415
obligation. 416
3. Licensed professionals who hold the requisite 417
professional licenses and are employed by the priv ate provider 418
firm to carry out building code inspection services. Licensed 419
professionals are authorized to prepare, review, and certify 420
documents related to their scope of work. 421
(o) "Notice" means the submission, including submission by 422
electronic transmission, of any document, form, report, or 423
correspondence by a private provider firm to a local building 424
official. All notice provided for in this section shall have the 425
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same legal effect as if physically posted or mailed. 426
(p)(l) "Permit application" means a properly completed and 427
submitted application for the requested building or construction 428
permit, including: 429
1. The plans reviewed by the private provider. 430
2. The affidavit from the private provider required under 431
subsection (6). 432
3. Any applicable fees. 433
4. Any documents required by the local building official 434
to determine that the fee owner has secured all other government 435
approvals required by law. 436
(q)(m) "Plans" means building plans, site engineering 437
plans, or site plans, or their functional equivalent, submitted 438
by a fee owner or fee owner's contractor to a private provider 439
or duly authorized representative for review. 440
(r)(n) "Private provider" means a person licensed as a 441
building code administrator under part XII of chapter 468, as an 442
engineer under chapter 471, or as an architect under chapter 443
481. For purposes of performing inspections under this section 444
for additions and alterations that are limited to 1,000 square 445
feet or less to residential buildings, the ter m "private 446
provider" also includes a person who holds a standard 447
certificate under part XII of chapter 468. 448
(s)(o) "Private provider firm" means a business 449
organization, including a corporation, partnership, business 450
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trust, or other legal entity, which o ffers services under this 451
chapter to the public through licensees who are acting as 452
agents, employees, officers, or partners of the firm. A person 453
who is licensed as a building code administrator under part XII 454
of chapter 468, an engineer under chapter 471 , or an architect 455
under chapter 481 may act as a private provider for an agent, 456
employee, or officer of the private provider firm. 457
(t)(p) "Request for certificate of occupancy or 458
certificate of completion" means a properly completed and 459
executed application for: 460
1. A certificate of occupancy or certificate of 461
completion. 462
2. A certificate of compliance from the private provider 463
required under subsection (13). 464
3. Any applicable fees. 465
4. Any documents required by the local building official 466
to determine that the fee owner has secured all other government 467
approvals required by law. 468
(u)(q) "Single-trade inspection" means any inspection 469
focused on a single construction trade, such as plumbing, 470
mechanical, or electrical. The term includes, but is not li mited 471
to, inspections of door or window replacements; fences and block 472
walls more than 6 feet high from the top of the wall to the 473
bottom of the footing; stucco or plastering; reroofing with no 474
structural alteration; HVAC replacements; ductwork or fan 475
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replacements; alteration or installation of wiring, lighting, 476
and service panels; water heater changeouts; sink replacements; 477
and repiping. 478
(v)(r) "Site work" means the portion of a construction 479
project that is not part of the building structure, including, 480
but not limited to, grading, excavation, landscape irrigation, 481
and installation of driveways. 482
(w)(s) "Stop-work order" means the issuance of any written 483
statement, written directive, or written order which states the 484
reason for the order and the conditions under which the cited 485
work will be permitted to resume. 486
(x) "System of registration" means the s ystem used to 487
verify compliance with the licensure and insurance requirements 488
for a private provider firm under this chapter. 489
(2)(a) Notwithstanding any other law or local government 490
ordinance or local policy, the fee owner of a building or 491
structure, or the fee owner's contractor upon written 492
authorization from the fee owner, may choose to use a private 493
provider to provide building code inspection services with 494
regard to such building or structure and may make payment 495
directly to the private provider for the provision of such 496
services. All such services shall be the subject of an agreement 497
a written contract between the private provider, or the private 498
provider's firm, and the fee owner or the fee owner's 499
contractor, upon written authorization of the fee owner. The fee 500
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owner may elect to use a private provider to provide plans 501
review or required building inspections, or both. However, if 502
the fee owner or the fee owner's contractor uses a private 503
provider to provide plans review, the local building official , 504
in his or her discretion and pursuant to duly adopted policies 505
of the local enforcement agency, may require the fee owner or 506
the fee owner's contractor to use a private provider to also 507
provide required building inspections. 508
(b) If an owner or a contractor retains a private provider 509
for purposes of plans review or building inspection services, 510
the local jurisdiction must reduce the permit fee by the amount 511
of cost savings realized by the local enforcement agency for not 512
having to perform such services. Such reduction may be 513
calculated on a flat fee or percentage basis, or any other 514
reasonable means by which a local enforcement agency assesses 515
the cost for its plans review or inspection services. The 516
reduced permit fee may not exceed the cost incurred by the local 517
jurisdiction, including the labor cost of the personnel 518
providing such services, as well as the clerical and supervisory 519
assistance required to comply with this section. The local 520
jurisdiction may not charge any additional fees for building 521
inspections if the fee owner or contractor hires a private 522
provider to perform such services ; however, the local 523
jurisdiction may charge a reasonable administrative fee, which 524
shall be based on the cost that is actually incurred, including 525
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the labor cost of the personnel providing the service, by the 526
local jurisdiction or attributable to the local jurisdiction for 527
the clerical and supervisory assistance required, or both . 528
(c) If an owner or a contractor retains a private provider 529
for purposes of plans review o r building inspection services, 530
the local jurisdiction must immediately provide equal access to 531
all permitting and inspection documents and reports to the 532
private provider, owner, and contractor if such access is 533
provided by software that protects exempt r ecords from 534
disclosure. 535
(3) A private provider and any duly authorized 536
representative may only perform building code inspection 537
services that are within the disciplines covered by that 538
person's licensure or certification under chapter 468, chapter 539
471, or chapter 481, including single -trade inspections. A 540
private provider may not provide building code inspection 541
services pursuant to this section upon any building designed or 542
constructed by the private provider or the private provider's 543
firm. 544
(4) A fee owner or the fee owner's contractor using a 545
private provider to provide building code inspection services 546
shall notify the local building official in writing at the time 547
of permit application, or by 2 p.m. local time, 2 business days 548
before the first schedu led inspection by the local building 549
official or building code enforcement agency that a private 550
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provider has been contracted to perform the required inspections 551
of construction under this section, including single -trade 552
inspections, on a form to be adopte d by the commission. This 553
notice shall include the following information: 554
(a) The services to be performed by the private provider. 555
(b) The name, firm, address, telephone number, and e -mail 556
address of each private provider who is performing or will 557
perform such services, his or her professional license or 558
certification number, qualification statements or resumes, and, 559
if required by the local building official, a certificate of 560
insurance demonstrating that professional liability insurance 561
coverage is in place for the private provider's firm, the 562
private provider, and any duly authorized representative in the 563
amounts required by this section. 564
(c) An acknowledgment from the fee owner or the fee 565
owner's contractor in substantially the following form: 566
567
I have elected to use one or more private providers to 568
provide building code plans review and/or inspection 569
services on the building or structure that is the 570
subject of the enclosed permit application, as 571
authorized by s. 553.791, Florida Statutes. I 572
understand that the local building official may not 573
review the plans submitted or perform the required 574
building inspections to determine compliance with the 575
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applicable codes, except to the extent specified in 576
said law. Instead, plans review and/or required 577
building inspections will be performed by licensed or 578
certified personnel identified in the application. The 579
law requires minimum insurance requirements for such 580
personnel, but I understand that I may require more 581
insurance to protect my interests. By executing t his 582
form, I acknowledge that I have made inquiry regarding 583
the competence of the licensed or certified personnel 584
and the level of their insurance and am satisfied that 585
my interests are adequately protected. I agree to 586
indemnify, defend, and hold harmless t he local 587
government, the local building official, and their 588
building code enforcement personnel from any and all 589
claims arising from my use of these licensed or 590
certified personnel to perform building code 591
inspection services with respect to the building o r 592
structure that is the subject of the enclosed permit 593
application. 594
595
If the fee owner or the fee owner's contractor makes any changes 596
to the listed private providers or the services to be provided 597
by those private providers, the fee owner or the fee owner' s 598
contractor shall, within 1 business day after any change or 599
within 2 business days before the next scheduled inspection, 600
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update the notice to reflect such changes. A change of a duly 601
authorized representative named in the permit application does 602
not require a revision of the permit, and the building code 603
enforcement agency shall not charge a fee for making the change. 604
(5) After construction has commenced and if the local 605
building official is unable to provide inspection services in a 606
timely manner, the fee owner or the fee owner's contractor may 607
elect to use a private provider to provide inspection services 608
by notifying the local building official of the owner's or 609
contractor's intention to do so by 2 p.m. local time, 2 business 610
days before the next sche duled inspection using the notice 611
provided for in paragraphs (4)(a) -(c). 612
(6) A private provider performing plans review under this 613
section shall review the plans to determine compliance with the 614
applicable codes. Upon determining that the plans reviewed 615
comply with the applicable codes, the private provider shall 616
prepare an affidavit or affidavits certifying, under oath, that 617
the following is true and correct to the best of the private 618
provider's knowledge and belief: 619
(a) The plans were reviewed by the affiant, who is duly 620
authorized to perform plans review pursuant to this section and 621
holds the appropriate license or certificate. 622
(b) The plans comply with the applicable codes. 623
624
Such affidavit may bear a written or electronic signature and 625
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may be submitted electronically to the local building official. 626
(7)(a) The local building official may not perform reviews 627
of plans, construction drawings, or any other related documents 628
determined by a private provider to be compliant with the 629
applicable codes No more than 20 business days after receipt of 630
a permit application and the affidavit from the private provider 631
required pursuant to subsection (6), the local building official 632
shall issue the requested permit or provide a written notice to 633
the permit applicant identifying the specific plan features that 634
do not comply with the applicable codes, as well as the specific 635
code chapters and sections. If the local building official does 636
not provide a written notice of the plan deficiencies within the 637
prescribed 20-day period, the permit application shall be deemed 638
approved as a matter of law, and the permit shall be issued by 639
the local building official on the next business day . 640
(b) The local building official may review other forms and 641
documents required under this section for completeness only. The 642
local building official must provide written notice of any 643
incomplete forms or documents required under this section no 644
later than 10 days after receipt of a permit application and an 645
affidavit from the private provider as required in subsection 646
(6). If the local building official does not provide the written 647
notice within the prescribed 10 -day period, the permit shall be 648
deemed approved as a matter of law, and the local building 649
official must issue the permit on the next business day. 650
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(c) If the local building official provides a written 651
notice of any incomplete forms or documents required under this 652
section at the time of plan submission plan deficiencies to the 653
permit applicant within the prescribed 10-day 20-day period, the 654
10-day 20-day period shall be tolled pending resolution of the 655
matter. To resolve the issues raised in the notice plan 656
deficiencies, the permit applicant may elect to dispute the 657
issues deficiencies pursuant to subsection (15) or to submit 658
revisions to correct the issues deficiencies. 659
(d)(c) If the permit applicant submits revisions, the 660
local building official has the remainder of the tolled 10-day 661
20-day period plus 5 business days from the date of resubmittal 662
to issue the requested permit or to provide a second written 663
notice to the permit applicant stating which of the previously 664
identified forms or documents plan features remain incomplete in 665
noncompliance with the applicable codes, with specific reference 666
to the relevant code chapters and sections. Any subsequent 667
review by the local building official is limited to the issues 668
deficiencies cited in the original written notice. If the local 669
building official does not provide the second written notice 670
within the prescribed time period, the perm it shall be deemed 671
approved as a matter of law, and the local building official 672
must issue the permit on the next business day. 673
(e)(d) If the local building official provides a second 674
written notice of plan deficiencies to the permit applicant 675
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within the prescribed time period, the permit applicant may 676
elect to dispute the issues raised in the second notice 677
deficiencies pursuant to subsection (15) or to submit additional 678
revisions to correct the issues deficiencies. For all revisions 679
submitted after the f irst revision, the local building official 680
has an additional 5 business days from the date of resubmittal 681
to issue the requested permit or to provide a written notice to 682
the permit applicant stating which of the previously identified 683
forms or documents plan features remain incomplete. If the local 684
building official does not provide the notice within the 685
prescribed time period, the permit shall be deemed approved as a 686
matter of law, and the local building official must issue the 687
permit on the next business d ay in noncompliance with the 688
applicable codes, with specific reference to the relevant code 689
chapters and sections . 690
(8) A private provider performing required inspections 691
under this section shall inspect each phase of construction as 692
required by the appli cable codes. Such inspection may be 693
performed in-person or virtually. The private provider may have 694
a duly authorized representative perform the required 695
inspections, provided all required reports are prepared by and 696
bear the written or electronic signatur e of the private provider 697
or the private provider's duly authorized representative. The 698
duly authorized representative must be managed by an employee of 699
the private provider and be entitled to receive reemployment 700
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assistance benefits under chapter 443. The contractor's 701
contractual or legal obligations are not relieved by any action 702
of the private provider. 703
(9) A private provider performing required inspections 704
under this section shall provide notice to the local building 705
official of the approximate date a nd time of any such 706
inspection. The local building official may not prohibit the 707
private provider from performing any inspection outside the 708
local building official's normal operating hours, including 709
after hours, weekends, or holidays. The local building official 710
may visit the building site as often as necessary to verify that 711
the private provider is performing all required inspections. A 712
deficiency notice must be posted by the private provider, or the 713
duly authorized representative of the private provider , or the 714
building department whenever a noncomplying item related to the 715
building code or the permitted documents is found. Such notice 716
may be physically posted at the job site or electronically 717
posted. After corrections are made, the item must be reinspec ted 718
by the private provider or his or her representative before 719
being concealed. Reinspection or reaudit fees shall not be 720
charged by The local jurisdiction may not charge any fees 721
related to the reinspection or any other administrative matter 722
related to the reinspection. The local building official may not 723
visit the job site without written approval from the private 724
provider. 725
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(10) A local building official is not responsible for the 726
regulatory administration or supervision of building code 727
inspection services performed by a private provider hired by a 728
fee owner or a fee owner's contractor. A private provider who 729
is, or a private provider firm that employs a person licensed 730
as, a building code administrator under part XII of chapter 468, 731
shall serve as the local building official with respect to such 732
building code inspection services. Such individuals and entities 733
shall be vested with the authority of a local building official 734
with respect to such services, including, without limitation, 735
the authority to ensure compliance with applicable laws, rules, 736
regulations, and codes; the authority to communicate and 737
interact directly with public or government building officials 738
and utility and other service providers; the authority to submit 739
forms and documents to such officials and entities and to 740
authorize the connection and disconnection of utility services; 741
and the authority to otherwis e take all actions that permit or 742
require action or authorization of a building official under 743
applicable laws, rules, regulations, and codes. The local 744
building official may not interfere with the actions or 745
activities of such individuals and entities in the performance 746
of such actions. Verification of licensure and insurance 747
requirements for a private provider firm's duly authorized 748
representative is the responsibility of the private provider 749
firm's management, and the local building official is not 750
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required to verify compliance or store information related to 751
such verification as a result of the local jurisdiction's audit 752
inspection occurring before the performance of the private 753
provider's inspection or for any other administrative matter not 754
involving the detection of a violation of the building code or a 755
permit requirement. 756
(10) If the private provider is a person licensed as an 757
engineer under chapter 471 or an architect under chapter 481 and 758
affixes his or her professional seal to the affidavit requi red 759
under subsection (6), the local building official must issue the 760
requested permit or provide a written notice to the permit 761
applicant identifying the specific plan features that do not 762
comply with the applicable codes, as well as the specific code 763
chapters and sections, within 10 business days after receipt of 764
the permit application and affidavit. In such written notice, 765
the local building official must provide with specificity the 766
plan's deficiencies, the reasons the permit application failed, 767
and the applicable codes being violated. If the local building 768
official does not provide specific written notice to the permit 769
applicant within the prescribed 10 -day period, the permit 770
application is deemed approved as a matter of law, and the local 771
building official must issue the permit on the next business 772
day. 773
(11) If equipment replacements and repairs must be 774
performed in an emergency situation, subject to the emergency 775
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permitting provisions of the Florida Building Code, a private 776
provider may perform emerge ncy inspection services without first 777
notifying the local building official pursuant to subsection 778
(9). A private provider must conduct the inspection within 3 779
business days after being contacted to conduct an emergency 780
inspection and must submit the inspe ction report to the local 781
building official within 1 day after the inspection is 782
completed. 783
(12) Upon completing the required inspections at each 784
applicable phase of construction, the private provider shall 785
record such inspections on a form provided by the commission 786
acceptable to the local building official . The form must bear 787
the written or electronic signature of the private provider or 788
the private provider's duly authorized representative. These 789
inspection records must shall reflect those inspections required 790
by the applicable codes of each phase of construction for which 791
permitting by a local enforcement agency is required. The 792
private provider, upon completion of the required inspection, 793
shall post each completed inspection record, indicating pass or 794
fail, and provide the record to the local building official 795
within 4 2 business days. Such inspection record may be 796
electronically posted by the private provider, or the private 797
provider may post such inspection record physically at the 798
project site. The private provider may electronically transmit 799
the record to the local building official. The private provider 800
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is not required to upload notices or inspection results to any 801
website or portal. The local building official may waive the 802
requirement to provide a record of each inspection within 4 2 803
business days if the record is electronically posted or posted 804
at the project site and all such inspection records are 805
submitted with the certificate of compliance. Unless the records 806
have been electronically posted, records of all required and 807
completed inspections shall be maintained at the building site 808
at all times and made available for review by the local building 809
official. The private provider shall report to the local 810
enforcement agency any condition that poses an immediate threat 811
to public safety and welfare. 812
(13) Upon completion of all required inspections, the 813
private provider shall prepare a certificate of compliance, on a 814
form provided by the commission acceptable to the local building 815
official, summarizing the inspections performed and including a 816
written representation, under oath, that the stated inspections 817
have been performed and that, to the best of the private 818
provider's knowledge and belief, the building construction 819
inspected complies with the app roved plans and applicable codes. 820
The statement required of the private provider shall be 821
substantially in the following form and shall be signed and 822
sealed by a private provider as established in subsection (1) or 823
may be electronically transmitted to the local building 824
official: 825
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826
To the best of my knowledge and belief, the building 827
components and site improvements outlined herein and 828
inspected under my authority have been completed in 829
conformance with the approved plans and the applicable 830
codes. 831
832
(14)(a) The local building official may not perform 833
building inspections of construction that a private provider has 834
determined to be compliant with the applicable codes. The local 835
building official may review forms and documents required under 836
this section for completeness only. No more than 10 business 837
days, or if the permit is related to single -family or two-family 838
dwellings then no more than 2 business days, after receipt of a 839
request for a certificate of occupancy or certificate of 840
completion and the applicant's presentation of a certificate of 841
compliance and approval of all other government approvals 842
required by law, including the payment of all outstanding fees, 843
the local building official shall issue the certificate of 844
occupancy or certificate of completion or provide a notice to 845
the applicant of any incomplete forms or documents required 846
under this section identifying the specific deficiencies, as 847
well as the specific code chapters and sections . 848
(b) If the local building official does not provide notice 849
of any incomplete forms or documents the deficiencies within the 850
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applicable time periods under paragraph (a), the request for a 851
certificate of occupancy or certificate of completion is 852
automatically granted and deemed issued as of the next business 853
day. The local building o fficial must provide the applicant with 854
the written certificate of occupancy or certificate of 855
completion within 2 10 days after it is automatically granted 856
and issued. To resolve any identified issues deficiencies, the 857
applicant may elect to dispute the issues deficiencies pursuant 858
to subsection (15) or to submit a corrected request for a 859
certificate of occupancy or certificate of completion. 860
(15) If the local building official determines that any 861
forms or documents required under this section are incomp lete 862
the building construction or plans do not comply with the 863
applicable codes, the official may deny the permit or request 864
for a certificate of occupancy or certificate of completion, as 865
appropriate, or may issue a stop -work order for the project or 866
any portion thereof as provided by law, if the official 867
determines that the noncompliance poses an immediate threat to 868
public safety and welfare, subject to the following: 869
(a) The local building official shall be available to meet 870
with the private provider w ithin 2 business days to resolve any 871
dispute after issuing a stop -work order or providing notice to 872
the applicant denying a permit or request for a certificate of 873
occupancy or certificate of completion. 874
(b) If the local building official and private prov ider 875
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are unable to resolve the dispute, the matter shall be referred 876
to the local enforcement agency's board of appeals, if one 877
exists, which shall consider the matter at its next scheduled 878
meeting or sooner. Any decisions by the local enforcement 879
agency's board of appeals, or local building official if there 880
is no board of appeals, may be appealed to the commission as 881
provided by this chapter. 882
(c) Notwithstanding any provision of this section, any 883
decisions regarding the issuance of a building permit, 884
certificate of occupancy, or certificate of completion may be 885
reviewed by the local enforcement agency's board of appeals, if 886
one exists. Any decision by the local enforcement agency's board 887
of appeals, or local building official if there is no board of 888
appeals, may be appealed to the commission as provided by this 889
chapter, which shall consider the matter at the commission's 890
next scheduled meeting. 891
(16) For the purposes of this section, any notice to be 892
provided by the local building official shall be deeme d to be 893
provided to the person or entity when successfully transmitted 894
to the e-mail address listed for that person or entity in the 895
permit application or revised permit application, or, if no e -896
mail address is stated, when actually received by that person or 897
entity. 898
(17)(a) A local enforcement agency, local building 899
official, or local government may not adopt or enforce any laws, 900
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rules, procedures, policies, qualifications, or standards more 901
stringent than those prescribed by this section. 902
(b) A local enforcement agency, local building official, 903
or local government may establish, for private providers and, 904
private provider firms , and duly authorized representatives 905
working within that jurisdiction, a system of registration to 906
verify compliance with the licensure requirements of paragraph 907
(1)(r) paragraph (1)(n) and the insurance requirements of 908
subsection (18). 909
(c) This section does not limit the authority of the local 910
building official to issue a stop -work order for a building 911
project or any portion o f the project, as provided by law, if 912
the official determines that a condition on the building site 913
constitutes an immediate threat to public safety and welfare , 914
provided such orders are in strict compliance with the 915
deficiency notice provisions of subsect ion (9). 916
(18) A private provider may perform building code 917
inspection services on a building project under this section 918
only if the private provider maintains insurance for 919
professional liability covering all services performed as a 920
private provider. Suc h insurance shall have minimum policy 921
limits of $1 million per occurrence and $2 million in the 922
aggregate for any project with a construction cost of $5 million 923
or less and $2 million per occurrence and $4 million in the 924
aggregate for any project with a co nstruction cost of over $5 925
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million. Nothing in this section limits the ability of a fee 926
owner to require additional insurance or higher policy limits. 927
For these purposes, the term "construction cost" means the total 928
cost of building construction as stated in the building permit 929
application. If the private provider chooses to secure claims -930
made coverage to fulfill this requirement, the private provider 931
must also maintain coverage for a minimum of 5 years after 932
subsequent to the performance of building code i nspection 933
services. The insurance required under this subsection shall be 934
written only by insurers authorized to do business in this state 935
with a minimum A.M. Best's rating of A. Before providing 936
building code inspection services within a local building 937
official's jurisdiction, a private provider must provide to the 938
local building official a certificate of insurance evidencing 939
that the coverages required under this subsection are in force. 940
(19) When performing building code inspection services, a 941
private provider is subject to the disciplinary guidelines of 942
the applicable professional board with jurisdiction over his or 943
her license or certification under chapter 468, chapter 471, or 944
chapter 481. All private providers shall be subject to the 945
disciplinary guidelines of s. 468.621(1)(c) -(h). Any complaint 946
processing, investigation, and discipline that arise out of a 947
private provider's performance of building code inspection 948
services shall be conducted by the applicable professional 949
board. 950
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(20) A local buildi ng code enforcement agency may not 951
audit the performance of building code inspection services by 952
private providers operating within the local jurisdiction until 953
the agency has created standard operating private provider audit 954
procedures for the agency's in ternal inspection and review 955
staff, which includes, at a minimum, the private provider audit 956
purpose and scope, private provider audit criteria, an 957
explanation of private provider audit processes and objections, 958
and detailed findings of areas of noncomplia nce. Such private 959
provider audit procedures must be publicly available online, and 960
a printed version must be readily accessible in agency 961
buildings. The private provider audit results of staff for the 962
prior two quarters also must be publicly available. The agency's 963
audit processes must adhere to the agency's posted standard 964
operating audit procedures. The same private provider or private 965
provider firm may not be audited more than four times in a year . 966
The private provider or private provider firm must be gi ven 967
notice of each audit to be performed within 5 business days 968
before the audit unless the local building official determines a 969
condition of a building constitutes an immediate threat to 970
public safety and welfare, which must be communicated in writing 971
to the private provider or private provider firm . Work on a 972
building or structure may proceed after inspection and approval 973
by a private provider. The work may not be delayed for 974
completion of an inspection audit by the local building code 975
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enforcement agency. 976
(21) The local government, the local building official, 977
and their building code enforcement personnel shall be immune 978
from liability to any person or party for any action or inaction 979
by a fee owner of a building, or by a private provider or its 980
duly authorized representative, in connection with building code 981
inspection services as authorized in this act. The local 982
government, the local building official, and their building code 983
enforcement personnel may not prohibit or discourage the use of 984
a private provider or a private provider firm. A local 985
government, a local building official, and their building code 986
enforcement personnel are not immune from liability or judicial 987
action relating to violations of this section or their 988
obligations under applicable cod es, including, without 989
limitation, interference with, disparagement of, or failure to 990
recognize the authority vested in private providers. 991
Notwithstanding any other available remedies, any person or 992
party, in an individual capacity or on behalf of a class of 993
persons or parties, may bring and maintain actions for damages, 994
declaratory and injunctive relief, and the issuance of 995
extraordinary writs for violations of this subsection. 996
(22) A private provider licensed as a building code 997
administrator under chapt er 468 shall serve as the local 998
building official with respect to the building code inspection 999
services it has been hired to perform by the fee owner or the 1000
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fee owner's contractor. Such private providers may issue 1001
building permits. All information from the private provider, 1002
including, but not limited to, building permits, inspection 1003
information, and drawings, must be provided to the property 1004
appraiser for the county or the jurisdiction. Drawings must be 1005
delivered in their original electronic format. Permits must be 1006
made publicly available, and the status of the permits must be 1007
made available on the Private Provider Association of Florida 1008
website so that code enforcement and other agencies and private 1009
entities may see their status. The Private Provider Associ ation 1010
of Florida, or a similar nonprofit association, may require a 1011
fee or subscription to upload the information to its site or to 1012
use an applications programming interface. The private provider 1013
shall update such information within 2 business days after 1014
issuing a permit or a status change. 1015
(23) The format of the permit must meet a recognized and 1016
approved standard, as prescribed by this section, for use by 1017
private providers. Private provider permits must include space 1018
for acknowledgement of review and acc eptance of the following: 1019
(a) The application. 1020
(b) Licensing. 1021
(c) The notice of commencement. 1022
(d) The plan review. 1023
(e) Required inspections. 1024
(f) The following lists of inspections: 1025
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1. Building. 1026
2. Electric. 1027
3. Mechanical. 1028
4. Plumbing. 1029
(g) Permitting inspection. 1030
(h) The placard card. 1031
(i) The blower door test. 1032
(j) The insulation certificate. 1033
(k) The termite treatment certificate. 1034
(l) The power release. 1035
(m) The certificate of occupancy or certificate of 1036
completion. 1037
(24)(22) Notwithstanding any other law, a county, a 1038
municipality, a school district, or an independent special 1039
district may use a private provider or a private provider firm 1040
to provide building code inspection services for a public works 1041
project, an improvement, a building, or any other structure that 1042
is owned by the county, municipality, school district, or 1043
independent special district. 1044
1045
It is the intent of the Legislature to provide permit applicants 1046
with a consistent and efficient user experience. The permittin g 1047
process must be universally adopted as a standard for this 1048
state. Local building officials and local governments may not 1049
adopt, create, or use any form that is inconsistent with any 1050
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applicable law, rule, or form of this state. The use of custom 1051
procedures or standards is prohibited. The commission shall 1052
implement the permitting process and may review it once every 3 1053
years thereafter for consistency and relevance. 1054
Section 4. For the purpose of incorporating the amendment 1055
made by this act to section 468 .605, Florida Statutes, in a 1056
reference thereto, subsection (6) of section 633.216, Florida 1057
Statutes, is reenacted to read: 1058
633.216 Inspection of buildings and equipment; orders; 1059
firesafety inspection training requirements; certification; 1060
disciplinary action.—The State Fire Marshal and her or his 1061
agents or persons authorized to enforce laws and rules of the 1062
State Fire Marshal shall, at any reasonable hour, when the State 1063
Fire Marshal has reasonable cause to believe that a violation of 1064
this chapter or s. 50 9.215, or a rule adopted thereunder, or a 1065
minimum firesafety code adopted by the State Fire Marshal or a 1066
local authority, may exist, inspect any and all buildings and 1067
structures which are subject to the requirements of this chapter 1068
or s. 509.215 and rules adopted thereunder. The authority to 1069
inspect shall extend to all equipment, vehicles, and chemicals 1070
which are located on or within the premises of any such building 1071
or structure. 1072
(6) The division and the Florida Building Code 1073
Administrators and Inspector s Board, established pursuant to s. 1074
468.605, shall enter into a reciprocity agreement to facilitate 1075
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joint recognition of continuing education recertification hours 1076
for certificateholders licensed under s. 468.609 and firesafety 1077
inspectors certified under s ubsection (2). 1078
Section 5. For the purpose of incorporating the amendment 1079
made by this act to section 553.791, Florida Statutes, in a 1080
reference thereto, paragraph (c) of subsection (1) of section 1081
177.073, Florida Statutes, is reenacted to read: 1082
177.073 Expedited approval of residential building permits 1083
before a final plat is recorded. — 1084
(1) As used in this section, the term: 1085
(c) "Local building official" has the same meaning as in 1086
s. 553.791(1). 1087
Section 6. For the purpose of incorporating the am endment 1088
made by this act to section 553.791, Florida Statutes, in a 1089
reference thereto, subsection (9) of section 468.603, Florida 1090
Statutes, is reenacted to read: 1091
468.603 Definitions. —As used in this part: 1092
(9) "Private provider" has the same meaning as in s. 1093
553.791(1). 1094
Section 7. For the purpose of incorporating the amendment 1095
made by this act to section 553.791, Florida Statutes, in 1096
references thereto, paragraphs (i) and (j) of subsection (1) of 1097
section 468.621, Florida Statutes, are reenacted to re ad: 1098
468.621 Disciplinary proceedings. — 1099
(1) The following acts constitute grounds for which the 1100
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disciplinary actions in subsection (2) may be taken: 1101
(i) Failing to lawfully execute the duties and 1102
responsibilities specified in this part and ss. 553.73, 553.781, 1103
553.79, and 553.791. 1104
(j) Performing building code inspection services under s. 1105
553.791 without satisfying the insurance requirements of that 1106
section. 1107
Section 8. For the purpose of incorporating the amendment 1108
made by this act to section 553. 791, Florida Statutes, in a 1109
reference thereto, paragraph (l) of subsection (1) of section 1110
471.033, Florida Statutes, is reenacted to read: 1111
471.033 Disciplinary proceedings. — 1112
(1) The following acts constitute grounds for which the 1113
disciplinary actions i n subsection (3) may be taken: 1114
(l) Performing building code inspection services under s. 1115
553.791, without satisfying the insurance requirements of that 1116
section. 1117
Section 9. For the purpose of incorporating the amendment 1118
made by this act to section 553 .791, Florida Statutes, in a 1119
reference thereto, paragraph (l) of subsection (1) of section 1120
481.225, Florida Statutes, is reenacted to read: 1121
481.225 Disciplinary proceedings against registered 1122
architects.— 1123
(1) The following acts constitute grounds for w hich the 1124
disciplinary actions in subsection (3) may be taken: 1125
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(l) Performing building code inspection services under s. 1126
553.791, without satisfying the insurance requirements of that 1127
section. 1128
Section 10. For the purpose of incorporating the amendment 1129
made by this act to section 553.791, Florida Statutes, in a 1130
reference thereto, subsection (11) of section 553.79, Florida 1131
Statutes, is reenacted to read: 1132
553.79 Permits; applications; issuance; inspections. — 1133
(11) Any state agency whose enabling legisl ation 1134
authorizes it to enforce provisions of the Florida Building Code 1135
may enter into an agreement with any other unit of government to 1136
delegate its responsibility to enforce those provisions and may 1137
expend public funds for permit and inspection fees, whic h fees 1138
may be no greater than the fees charged others. Inspection 1139
services that are not required to be performed by a state agency 1140
under a federal delegation of responsibility or by a state 1141
agency under the Florida Building Code must be performed under 1142
the alternative plans review and inspection process created in 1143
s. 553.791 or by a local governmental entity having authority to 1144
enforce the Florida Building Code. 1145
Section 11. For the purpose of incorporating the amendment 1146
made by this act to section 553.7 91, Florida Statutes, in a 1147
reference thereto, paragraph (a) of subsection (7) of section 1148
553.80, Florida Statutes, is reenacted to read: 1149
553.80 Enforcement. — 1150
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(7)(a) The governing bodies of local governments may 1151
provide a schedule of reasonable fees, as authorized by s. 1152
125.56(2) or s. 166.222 and this section, for enforcing this 1153
part. These fees, and any fines or investment earnings related 1154
to the fees, may only be used for carrying out the local 1155
government's responsibilities in enforcing the Florida Bu ilding 1156
Code. When providing a schedule of reasonable fees, the total 1157
estimated annual revenue derived from fees, and the fines and 1158
investment earnings related to the fees, may not exceed the 1159
total estimated annual costs of allowable activities. Any 1160
unexpended balances must be carried forward to future years for 1161
allowable activities or must be refunded at the discretion of 1162
the local government. A local government may not carry forward 1163
an amount exceeding the average of its operating budget for 1164
enforcing the Florida Building Code for the previous 4 fiscal 1165
years. For purposes of this subsection, the term "operating 1166
budget" does not include reserve amounts. Any amount exceeding 1167
this limit must be used as authorized in subparagraph 2. 1168
However, a local government that established, as of January 1, 1169
2019, a Building Inspections Fund Advisory Board consisting of 1170
five members from the construction stakeholder community and 1171
carries an unexpended balance in excess of the average of its 1172
operating budget for the previous 4 fiscal years may continue to 1173
carry such excess funds forward upon the recommendation of the 1174
advisory board. The basis for a fee structure for allowable 1175
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activities must relate to the level of service provided by the 1176
local government and must include consid eration for refunding 1177
fees due to reduced services based on services provided as 1178
prescribed by s. 553.791, but not provided by the local 1179
government. Fees charged must be consistently applied. 1180
1. As used in this subsection, the phrase "enforcing the 1181
Florida Building Code" includes the direct costs and reasonable 1182
indirect costs associated with review of building plans, 1183
building inspections, reinspections, and building permit 1184
processing; building code enforcement; and fire inspections 1185
associated with new con struction. The phrase may also include 1186
training costs associated with the enforcement of the Florida 1187
Building Code and enforcement action pertaining to unlicensed 1188
contractor activity to the extent not funded by other user fees. 1189
2. A local government must use any excess funds that it is 1190
prohibited from carrying forward to rebate and reduce fees, to 1191
upgrade technology hardware and software systems to enhance 1192
service delivery, to pay for the construction of a building or 1193
structure that houses a local governm ent's building code 1194
enforcement agency, or for training programs for building 1195
officials, inspectors, or plans examiners associated with the 1196
enforcement of the Florida Building Code. Excess funds used to 1197
construct such a building or structure must be design ated for 1198
such purpose by the local government and may not be carried 1199
forward for more than 4 consecutive years. An owner or builder 1200
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who has a valid building permit issued by a local government for 1201
a fee, or an association of owners or builders located in t he 1202
state that has members with valid building permits issued by a 1203
local government for a fee, may bring a civil action against the 1204
local government that issued the permit for a fee to enforce 1205
this subparagraph. 1206
3. The following activities may not be fund ed with fees 1207
adopted for enforcing the Florida Building Code: 1208
a. Planning and zoning or other general government 1209
activities. 1210
b. Inspections of public buildings for a reduced fee or no 1211
fee. 1212
c. Public information requests, community functions, 1213
boards, and any program not directly related to enforcement of 1214
the Florida Building Code. 1215
d. Enforcement and implementation of any other local 1216
ordinance, excluding validly adopted local amendments to the 1217
Florida Building Code and excluding any local ordinance di rectly 1218
related to enforcing the Florida Building Code as defined in 1219
subparagraph 1. 1220
4. A local government must use recognized management, 1221
accounting, and oversight practices to ensure that fees, fines, 1222
and investment earnings generated under this subsect ion are 1223
maintained and allocated or used solely for the purposes 1224
described in subparagraph 1. 1225
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5. The local enforcement agency, independent district, or 1226
special district may not require at any time, including at the 1227
time of application for a permit, the p ayment of any additional 1228
fees, charges, or expenses associated with: 1229
a. Providing proof of licensure under chapter 489; 1230
b. Recording or filing a license issued under this 1231
chapter; 1232
c. Providing, recording, or filing evidence of workers' 1233
compensation insurance coverage as required by chapter 440; or 1234
d. Charging surcharges or other similar fees not directly 1235
related to enforcing the Florida Building Code. 1236
Section 12. This act shall take effect July 1, 2025. 1237