Florida 2025 Regular Session

Florida House Bill H0695 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to private provider building 2
1616 inspection services; amending s. 468.605, F.S.; 3
1717 requiring that the Florida Building Code 4
1818 Administrators and Inspectors Board include a 5
1919 specified number of members who are private providers 6
2020 or who are employed by private provider firms; 7
2121 amending s. 553.74, F.S.; requiring that the Florida 8
2222 Building Commission include a specified number of 9
2323 members who are private providers or who are employed 10
2424 by private provider firms and a specified number of 11
2525 members who are licens ed contractors that use private 12
2626 providers or private provider firms; encouraging the 13
2727 Private Provider Association of Florida to recommend a 14
2828 list of candidates for consideration; amending s. 15
2929 553.791, F.S.; revising and defining terms; requiring 16
3030 that building code inspection services provided by a 17
3131 private provider be the subject of an agreement, 18
3232 rather than a written contract, between the provider 19
3333 or provider's firm and the fee owner or fee owner's 20
3434 contractor; requiring that a reduced permit fee not 21
3535 exceed certain costs incurred by the local 22
3636 jurisdiction; prohibiting a local jurisdiction from 23
3737 charging additional fees, including an administrative 24
3838 fee, for building inspections if the fee owner or 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 contractor hires a private provider to perform such 26
5252 services; requiring a local jurisdiction to 27
5353 immediately provide certain persons equal access to 28
5454 all permitting and inspection documents and reports 29
5555 under certain circumstances; revising the information 30
5656 a fee owner or a fee owner's contractor must provide 31
5757 to a local building official; revising conditions 32
5858 under which a fee owner or fee owner's contractor is 33
5959 authorized to use a private provider to provide 34
6060 inspection services; revising the timeframe within 35
6161 which a fee owner or a fee owner's contractor must 36
6262 notify the local building official of the owner's or 37
6363 contractor's intention to use a private provider; 38
6464 prohibiting a local building official from performing 39
6565 specified reviews of plans, drawings, or other related 40
6666 documents determined by a private provider to be in 41
6767 compliance with applicable codes; removing a provision 42
6868 requiring a local building official to issue a 43
6969 requested permit or provide a specified notice within 44
7070 a certain timeframe; authorizing a local building 45
7171 official to review certain forms and documents only 46
7272 for completeness; requiring a local building official 47
7373 to send written notice of incomplete forms or 48
7474 documents within a specified timeframe; requiring the 49
7575 local building official to issue a permit by the next 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 business day if the local building official fails to 51
8989 provide a specified notice within a specified 52
9090 timeframe; requiring that a duly authorized 53
9191 representative be managed, rather than employed, by a 54
9292 private provider to receive specified benefits; 55
9393 removing a requirement that a private provider 56
9494 performing required inspections provide notice to the 57
9595 local building official of the approximate date and 58
9696 time of specified inspections; removing a provision 59
9797 prohibiting a local building official from preventing 60
9898 a private provider from performing any inspection 61
9999 outside a certain timeframe; removing a provision 62
100100 authorizing a local building official to visit a 63
101101 building site as often as necessary to verify that a 64
102102 private provider is performing required inspections; 65
103103 removing a provision authorizing a building department 66
104104 to satisfy a requirement that a certain deficiency 67
105105 notice be posted; revising the reinspection fees that 68
106106 a local jurisdiction is prohibited from charging; 69
107107 prohibiting a local building official from visiting a 70
108108 job site without written approval from the private 71
109109 provider doing the work on the site; providing that a 72
110110 local building official is not responsible for the 73
111111 regulatory administration or supervision of building 74
112112 code inspection services performed by a private 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 provider; providing that certain private providers or 76
126126 private provider firms are vested with the authority 77
127127 of, and must serve as, the local building official 78
128128 with respect to certain inspection services; 79
129129 prohibiting a local building official from interfering 80
130130 with the actions or activities of such private 81
131131 providers or private provider firms; providing that 82
132132 verification of certain licensure and insurance 83
133133 requirements is the responsibility of the private 84
134134 provider firm and that a local building official is 85
135135 not required to verify compliance or store information 86
136136 of such verification; removing a requirement that the 87
137137 local building official, under certain circumstances, 88
138138 issue a permit within a specified timeframe; revising 89
139139 a provision authorizing a private provider to perform 90
140140 emergency inspection services; requiring a pri vate 91
141141 provider to record specified inspections on forms 92
142142 provided by the Florida Building Commission, rather 93
143143 than on forms acceptable to the local building 94
144144 official; revising timeframes within which a private 95
145145 provider must provide an inspection record to the 96
146146 local building official and when the local building 97
147147 official may waive such requirement; providing that a 98
148148 private provider is not required to upload notices or 99
149149 inspection results to a website or portal; requiring a 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 private provider to prepare a certificat e of 101
163163 compliance on a form provided by the commission, 102
164164 rather than on a form acceptable to the local building 103
165165 official; prohibiting a local building official from 104
166166 performing building inspections of construction that a 105
167167 private provider has determined to be c ompliant with 106
168168 applicable codes; authorizing a local building 107
169169 official to review specified forms and documents only 108
170170 for completeness; revising the timeframe within which 109
171171 a local building official must provide an applicant 110
172172 with a written certificate of occup ancy or certificate 111
173173 of completion; authorizing a local building official 112
174174 to deny a permit or a request for specified 113
175175 certificates if required forms or documents are 114
176176 incomplete; providing that a system of registration is 115
177177 not required for certain duly author ized 116
178178 representatives; revising the authority of a local 117
179179 building official to issue a stop -work order; 118
180180 prohibiting a local building code enforcement agency 119
181181 to perform certain audits until such agency has 120
182182 created standard operating procedures; removing an 121
183183 exception to the limit on the number of times in a 122
184184 year that a private provider or private provider firm 123
185185 may be audited; requiring that a private provider or 124
186186 private provider firm be given notice within a 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 specified timeframe before being audited; prohibiting 126
200200 local governments, officials, and personnel from 127
201201 prohibiting or discouraging the use of a private 128
202202 provider or a private provider firm; providing that 129
203203 local governments, officials, and personnel are not 130
204204 immune from certain liability; authorizing a civil 131
205205 cause of action for certain damages, relief, and 132
206206 remedies; authorizing certain private providers to 133
207207 serve as the local building official and issue 134
208208 building permits; requiring that all information from 135
209209 a private provider be provided to the property 136
210210 appraiser for the county or the jurisdiction; 137
211211 requiring that drawings be delivered in their original 138
212212 electronic format; requiring that permits be publicly 139
213213 available and that their status be available on the 140
214214 Private Provider Association of Florida website for 141
215215 specified purposes; authorizing the Private Provider 142
216216 Association of Florida, or a similar nonprofit 143
217217 association, to require a fee or subscription to 144
218218 upload such information to its website or to use an 145
219219 applications programming interface; requiring a 146
220220 private provider to update such information within a 147
221221 specified timeframe under certain circumstances; 148
222222 requiring that the format of private provider permits 149
223223 meet a specified standard and include specified 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 information; providing legislative intent; requiring 151
237237 that the permitting process be universally adopted as 152
238238 a standard for this state; prohibiting the use of 153
239239 certain forms or the use of custom procedures or 154
240240 standards; authorizing the commission to implement 155
241241 such permitting processes and review them for 156
242242 consistency and relevance within a specified 157
243243 timeframe; reenacting s. 633.216(6), F.S., relating to 158
244244 inspection of buildings and equipment, orders, 159
245245 firesafety inspection training requirements, 160
246246 certification, and disciplinary action, to incorporate 161
247247 the amendment made to s. 468 .605, F.S., in a reference 162
248248 thereto; reenacting ss. 177.073(1)(c), 468.603(9), 163
249249 468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l), 164
250250 553.79(11), and 553.80(7)(a), F.S., relating to 165
251251 expedited approval of residential building permits 166
252252 before a final plat is rec orded; definitions; 167
253253 disciplinary proceedings against building code 168
254254 administrators and inspectors; disciplinary 169
255255 proceedings against licensed engineers; disciplinary 170
256256 proceedings against registered architects; permits, 171
257257 applications, issuance, and inspections; and 172
258258 enforcement, respectively, to incorporate the 173
259259 amendment made to s. 553.791, F.S., in references 174
260260 thereto; providing an effective date. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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274274 Be It Enacted by the Legislature of the State of Florida: 177
275275 178
276276 Section 1. Subsection (2) of section 468.605, F lorida 179
277277 Statutes, is amended to read: 180
278278 468.605 Florida Building Code Administrators and 181
279279 Inspectors Board.— 182
280280 (2) The board shall consist of nine members, as follows: 183
281281 (a) One member who is an architect licensed pursuant to 184
282282 chapter 481, an engineer license d pursuant to chapter 471, or a 185
283283 contractor licensed pursuant to chapter 489. 186
284284 (b) Two members serving as building code administrators , 187
285285 one of whom must be a private provider as defined in s. 188
286286 553.791(1) or be employed by a private provider firm as defined 189
287287 in s. 553.791(1). 190
288288 (c) Two members serving as building code inspectors , one 191
289289 of whom must be a private provider as defined in s. 553.791(1) 192
290290 or be employed by a private provider firm as defined in s. 193
291291 553.791(1). 194
292292 (d) One member serving as a plans examiner. 195
293293 (e) One member who is a representative of a city or a 196
294294 charter county. 197
295295 (f) Two consumer members who are not, and have never been, 198
296296 members of a profession regulated under this part, chapter 481, 199
297297 chapter 471, or chapter 489. One of the consumer members m ust be 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 a person with a disability or a representative of an 201
311311 organization which represents persons with disabilities. 202
312312 203
313313 None of The board members described in paragraph (a) or 204
314314 paragraph (f) may not be an employee of a municipal, county, or 205
315315 state governmental agency. 206
316316 Section 2. Subsection (1) of section 553.74, Florida 207
317317 Statutes, is amended to read: 208
318318 553.74 Florida Building Commission. — 209
319319 (1) The Florida Building Commission is created and located 210
320320 within the Department of Business and Professional Regulation 211
321321 for administrative purposes. Members are appointed by the 212
322322 Governor subject to confirmation by the Senate. The commission 213
323323 is composed of 23 19 members, consisting of the following 214
324324 members: 215
325325 (a) One architect licensed pursuant to chapter 481 with at 216
326326 least 5 years of experience in the design and construction of 217
327327 buildings designated for Group E or Group I occupancies by the 218
328328 Florida Building Code. The American Institute of Architects, 219
329329 Florida Section, is encouraged to recommend a list of candidates 220
330330 for consideration. 221
331331 (b) One structural engineer registered to practice in this 222
332332 state and actively engaged in the profession. The Florida 223
333333 Engineering Society is encouraged to recommend a list of 224
334334 candidates for consideration. 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 (c) One air-conditioning contractor, mechanical 226
348348 contractor, or mechanical engineer certified to do business in 227
349349 this state and actively engaged in the profession. The Florida 228
350350 Air Conditioning Contractors Association, the Florida 229
351351 Refrigeration and Air Conditioning Contractors Association, the 230
352352 Mechanical Contractors Association of Florida, and the Florida 231
353353 Engineering Society are encouraged to recommend a list of 232
354354 candidates for consideration. 233
355355 (d) One electrical contractor or electrical engineer 234
356356 certified to do business in this state and actively engaged in 235
357357 the profession. The Florida Association of Electrical 236
358358 Contractors; the National Electrical Contractors Association, 237
359359 Florida Chapter; and the Florida Engineering Society are 238
360360 encouraged to recommend a list of candidates for consideration. 239
361361 (e) One certified general contractor or one certified 240
362362 building contractor certified to do business in this state and 241
363363 actively engaged in the pr ofession. The Associated Builders and 242
364364 Contractors of Florida, the Florida Associated General 243
365365 Contractors Council, the Florida Home Builders Association, and 244
366366 the Union Contractors Association are encouraged to recommend a 245
367367 list of candidates for consideratio n. 246
368368 (f) One plumbing contractor licensed to do business in 247
369369 this state and actively engaged in the profession. The Florida 248
370370 Association of Plumbing, Heating, and Cooling Contractors is 249
371371 encouraged to recommend a list of candidates for consideration. 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 (g) One roofing or sheet metal contractor certified to do 251
385385 business in this state and actively engaged in the profession. 252
386386 The Florida Roofing, Sheet Metal, and Air Conditioning 253
387387 Contractors Association and the Sheet Metal and Air Conditioning 254
388388 Contractors' National Association are encouraged to recommend a 255
389389 list of candidates for consideration. 256
390390 (h) One certified residential contractor licensed to do 257
391391 business in this state and actively engaged in the profession. 258
392392 The Florida Home Builders Association is encouraged to recommend 259
393393 a list of candidates for consideration. 260
394394 (i) Three members who are municipal, county, or district 261
395395 codes enforcement officials, one of whom is also a fire 262
396396 official. The Building Officials Association of Florida and the 263
397397 Florida Fire Marshals and Inspectors Association are encouraged 264
398398 to recommend a list of candidates for consideration. 265
399399 (j) One member of a Florida -based organization of persons 266
400400 with disabilities or a nationally chartered organization of 267
401401 persons with disabilities with chapters in th is state which 268
402402 complies with or is certified to be compliant with the 269
403403 requirements of the Americans with Disabilities Act of 1990, as 270
404404 amended. 271
405405 (k) One member of the manufactured buildings industry who 272
406406 is licensed to do business in this state and is activ ely engaged 273
407407 in the industry. The Florida Manufactured Housing Association is 274
408408 encouraged to recommend a list of candidates for consideration. 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 (l) One member of the building products manufacturing 276
422422 industry who is authorized to do business in this state and is 277
423423 actively engaged in the industry. The Florida Building Material 278
424424 Association, the Florida Concrete and Products Association, and 279
425425 the Fenestration Manufacturers Association are encouraged to 280
426426 recommend a list of candidates for consideration. 281
427427 (m) One member who is a representative of the building 282
428428 owners and managers industry who is actively engaged in 283
429429 commercial building ownership or management. The Building Owners 284
430430 and Managers Association is encouraged to recommend a list of 285
431431 candidates for consideration. 286
432432 (n) One member who is a representative of the insurance 287
433433 industry. The Florida Insurance Council is encouraged to 288
434434 recommend a list of candidates for consideration. 289
435435 (o) One member who is a swimming pool contractor licensed 290
436436 to do business in this state a nd actively engaged in the 291
437437 profession. The Florida Swimming Pool Association and the United 292
438438 Pool and Spa Association are encouraged to recommend a list of 293
439439 candidates for consideration. 294
440440 (p) The Chief Resilience Officer or his or her designee. 295
441441 (q) One member who is a representative of a natural gas 296
442442 distribution system and who is actively engaged in the 297
443443 distribution of natural gas in this state. The Florida Natural 298
444444 Gas Association is encouraged to recommend a list of candidates 299
445445 for consideration. 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 (r) Two members who are private providers as defined in s. 301
459459 553.791(1) or who are employed by private provider firms as 302
460460 defined in s. 553.791(1). The Private Provider Association of 303
461461 Florida is encouraged to recommend a list of candidates for 304
462462 consideration. 305
463463 (s) Two members who are licensed contractors as defined in 306
464464 s. 489.105(3) and who utilize private providers as defined in s. 307
465465 553.791(1) or private provider firms as defined in s. 553.791(1) 308
466466 for inspections or plan reviews. The Private Provider 309
467467 Association of Florida is encouraged to recommend a list of 310
468468 candidates for consideration. 311
469469 Section 3. Section 553.791, Florida Statutes, is amended 312
470470 to read: 313
471471 553.791 Alternative plans review and inspection. — 314
472472 (1) As used in this section, the term: 315
473473 (a) "Applicable cod es" means the Florida Building Code and 316
474474 any local technical amendments to the Florida Building Code but 317
475475 does not include the applicable minimum fire prevention and 318
476476 firesafety codes adopted pursuant to chapter 633. 319
477477 (b) "Audit" means the process to confirm that the building 320
478478 code inspection services have been performed by the private 321
479479 provider, including ensuring that the required affidavit for the 322
480480 plan review has been properly completed and submitted with the 323
481481 permit documents and that the minimum mandatory i nspections 324
482482 required under the building code have been performed and 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 properly recorded. The local building official may not replicate 326
496496 the plan review or inspection being performed by the private 327
497497 provider, unless expressly authorized by this section. 328
498498 (b)(c) "Building" means any construction, erection, 329
499499 alteration, demolition, or improvement of, or addition to, any 330
500500 structure or site work for which permitting by a local 331
501501 enforcement agency is required. 332
502502 (c)(d) "Building code inspection services" means those 333
503503 services described in s. 468.603(5) and (8) involving the review 334
504504 of building plans as well as those services involving the review 335
505505 of site plans and site work engineering plans or their 336
506506 functional equivalent, to determine compliance with applicable 337
507507 codes and those inspections required by law, conducted either in 338
508508 person or virtually, of each phase of construction for which 339
509509 permitting by a local enforcement agency is required to 340
510510 determine compliance with applicable codes. 341
511511 (d) "Building official" means a local building official or 342
512512 a private provider who holds a building code administrator 343
513513 license. 344
514514 (e) "Commission" means the Florida Building Commission. 345
515515 (f) "Deliver" or "delivery" means any method of delivery 346
516516 used in conventional business or commercial practice, including 347
517517 delivery by electronic transmissions such as e-mail or any other 348
518518 form of electronic communication used to transmit information . 349
519519 (g)(f) "Duly authorized representative" means an agent of 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 the private provider identified in the permit application who 351
533533 reviews plans or performs inspections as provided by this 352
534534 section and who is licensed as an engineer under chapter 471 or 353
535535 as an architect under chapter 481 or who holds a standard or 354
536536 provisional certificate under part XII of chapter 468. A duly 355
537537 authorized representative who only holds a provisional 356
538538 certificate under part XII of chapter 468 must be under the 357
539539 direct supervision of a person licensed as a building code 358
540540 administrator under part XII of chapter 468. 359
541541 (h)(g) "Electronic signature" means any letters, 360
542542 characters, or symbols manifested by electronic or similar means 361
543543 which are executed or adopted by a party with an intent to 362
544544 authenticate a writing or record. 363
545545 (i)(h) "Electronic transmission" or "submitted 364
546546 electronically" means any form or process of communication not 365
547547 directly involving the physical transfer of paper or another 366
548548 tangible medium which is suitable for the retention, retrieval, 367
549549 and reproduction of information by the recipient and is 368
550550 retrievable in paper form by the receipt through an automated 369
551551 process. All notices provided for in this section may be 370
552552 transmitted electronically and shall have the same legal effect 371
553553 as if physically posted or mailed. 372
554554 (j)(i) "Electronically posted" means providing notices of 373
555555 decisions, results, or records, including inspection records, 374
556556 through the use of a website or other form of electronic 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 communication used to transmit or display information. 376
570570 (k) "Form" means any document or record that has been 377
571571 adopted by the commission. 378
572572 (l)(j) "Immediate threat to public safety and welfare" 379
573573 means a building code violation that, if allowed to persist, 380
574574 constitutes an immediate hazard that could result in death, 381
575575 serious bodily injury, or significant property damage. This 382
576576 paragraph does not limit the authority of the local building 383
577577 official to issue a Notice of Corrective Action at any time 384
578578 during the construction of a building project or any portion of 385
579579 such project if the official determines that a condition of the 386
580580 building or portion thereof may constitute a hazard when the 387
581581 building is put into use following completion as long as the 388
582582 condition cited is shown to be in violation of the building code 389
583583 or approved plans. 390
584584 (m)(k) "Local building official" means the individual 391
585585 within the governing jurisdiction responsible for direct 392
586586 regulatory administration or supervision of plans review, 393
587587 enforcement, and inspection of any construction, erection, 394
588588 alteration, demolition, or substantial improvement of, or 395
589589 addition to, any structure for which permitting is required to 396
590590 indicate compliance with applicable codes and includes any duly 397
591591 authorized designee of such person. 398
592592 (n) "Management" means the individuals or entities withi n 399
593593 a private provider firm which are duly authorized to oversee, 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606606 direct, and make decisions on behalf of the firm in the conduct 401
607607 of building inspection and building inspection -related services. 402
608608 Such individuals or entities may include, but are not limited 403
609609 to, the following: 404
610610 1. Executive officers who hold senior positions within the 405
611611 firm, such as the president, chief executive officer, chief 406
612612 operating officer, chief financial officer, or other designated 407
613613 executive who is responsible for the overall strategi c direction 408
614614 and operational management of the firm. 409
615615 2. Authorized representatives who have been officially 410
616616 designated by the executive officers to act on behalf of the 411
617617 private provider firm. An authorized representative must have 412
618618 documented authorization to submit inspection reports, 413
619619 correspond with regulatory authorities, and perform other 414
620620 necessary duties as required by law or by contractual 415
621621 obligation. 416
622622 3. Licensed professionals who hold the requisite 417
623623 professional licenses and are employed by the priv ate provider 418
624624 firm to carry out building code inspection services. Licensed 419
625625 professionals are authorized to prepare, review, and certify 420
626626 documents related to their scope of work. 421
627627 (o) "Notice" means the submission, including submission by 422
628628 electronic transmission, of any document, form, report, or 423
629629 correspondence by a private provider firm to a local building 424
630630 official. All notice provided for in this section shall have the 425
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639639 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
640640
641641
642642
643643 same legal effect as if physically posted or mailed. 426
644644 (p)(l) "Permit application" means a properly completed and 427
645645 submitted application for the requested building or construction 428
646646 permit, including: 429
647647 1. The plans reviewed by the private provider. 430
648648 2. The affidavit from the private provider required under 431
649649 subsection (6). 432
650650 3. Any applicable fees. 433
651651 4. Any documents required by the local building official 434
652652 to determine that the fee owner has secured all other government 435
653653 approvals required by law. 436
654654 (q)(m) "Plans" means building plans, site engineering 437
655655 plans, or site plans, or their functional equivalent, submitted 438
656656 by a fee owner or fee owner's contractor to a private provider 439
657657 or duly authorized representative for review. 440
658658 (r)(n) "Private provider" means a person licensed as a 441
659659 building code administrator under part XII of chapter 468, as an 442
660660 engineer under chapter 471, or as an architect under chapter 443
661661 481. For purposes of performing inspections under this section 444
662662 for additions and alterations that are limited to 1,000 square 445
663663 feet or less to residential buildings, the ter m "private 446
664664 provider" also includes a person who holds a standard 447
665665 certificate under part XII of chapter 468. 448
666666 (s)(o) "Private provider firm" means a business 449
667667 organization, including a corporation, partnership, business 450
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676676 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
677677
678678
679679
680680 trust, or other legal entity, which o ffers services under this 451
681681 chapter to the public through licensees who are acting as 452
682682 agents, employees, officers, or partners of the firm. A person 453
683683 who is licensed as a building code administrator under part XII 454
684684 of chapter 468, an engineer under chapter 471 , or an architect 455
685685 under chapter 481 may act as a private provider for an agent, 456
686686 employee, or officer of the private provider firm. 457
687687 (t)(p) "Request for certificate of occupancy or 458
688688 certificate of completion" means a properly completed and 459
689689 executed application for: 460
690690 1. A certificate of occupancy or certificate of 461
691691 completion. 462
692692 2. A certificate of compliance from the private provider 463
693693 required under subsection (13). 464
694694 3. Any applicable fees. 465
695695 4. Any documents required by the local building official 466
696696 to determine that the fee owner has secured all other government 467
697697 approvals required by law. 468
698698 (u)(q) "Single-trade inspection" means any inspection 469
699699 focused on a single construction trade, such as plumbing, 470
700700 mechanical, or electrical. The term includes, but is not li mited 471
701701 to, inspections of door or window replacements; fences and block 472
702702 walls more than 6 feet high from the top of the wall to the 473
703703 bottom of the footing; stucco or plastering; reroofing with no 474
704704 structural alteration; HVAC replacements; ductwork or fan 475
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713713 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
714714
715715
716716
717717 replacements; alteration or installation of wiring, lighting, 476
718718 and service panels; water heater changeouts; sink replacements; 477
719719 and repiping. 478
720720 (v)(r) "Site work" means the portion of a construction 479
721721 project that is not part of the building structure, including, 480
722722 but not limited to, grading, excavation, landscape irrigation, 481
723723 and installation of driveways. 482
724724 (w)(s) "Stop-work order" means the issuance of any written 483
725725 statement, written directive, or written order which states the 484
726726 reason for the order and the conditions under which the cited 485
727727 work will be permitted to resume. 486
728728 (x) "System of registration" means the s ystem used to 487
729729 verify compliance with the licensure and insurance requirements 488
730730 for a private provider firm under this chapter. 489
731731 (2)(a) Notwithstanding any other law or local government 490
732732 ordinance or local policy, the fee owner of a building or 491
733733 structure, or the fee owner's contractor upon written 492
734734 authorization from the fee owner, may choose to use a private 493
735735 provider to provide building code inspection services with 494
736736 regard to such building or structure and may make payment 495
737737 directly to the private provider for the provision of such 496
738738 services. All such services shall be the subject of an agreement 497
739739 a written contract between the private provider, or the private 498
740740 provider's firm, and the fee owner or the fee owner's 499
741741 contractor, upon written authorization of the fee owner. The fee 500
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750750 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
751751
752752
753753
754754 owner may elect to use a private provider to provide plans 501
755755 review or required building inspections, or both. However, if 502
756756 the fee owner or the fee owner's contractor uses a private 503
757757 provider to provide plans review, the local building official , 504
758758 in his or her discretion and pursuant to duly adopted policies 505
759759 of the local enforcement agency, may require the fee owner or 506
760760 the fee owner's contractor to use a private provider to also 507
761761 provide required building inspections. 508
762762 (b) If an owner or a contractor retains a private provider 509
763763 for purposes of plans review or building inspection services, 510
764764 the local jurisdiction must reduce the permit fee by the amount 511
765765 of cost savings realized by the local enforcement agency for not 512
766766 having to perform such services. Such reduction may be 513
767767 calculated on a flat fee or percentage basis, or any other 514
768768 reasonable means by which a local enforcement agency assesses 515
769769 the cost for its plans review or inspection services. The 516
770770 reduced permit fee may not exceed the cost incurred by the local 517
771771 jurisdiction, including the labor cost of the personnel 518
772772 providing such services, as well as the clerical and supervisory 519
773773 assistance required to comply with this section. The local 520
774774 jurisdiction may not charge any additional fees for building 521
775775 inspections if the fee owner or contractor hires a private 522
776776 provider to perform such services ; however, the local 523
777777 jurisdiction may charge a reasonable administrative fee, which 524
778778 shall be based on the cost that is actually incurred, including 525
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787787 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
788788
789789
790790
791791 the labor cost of the personnel providing the service, by the 526
792792 local jurisdiction or attributable to the local jurisdiction for 527
793793 the clerical and supervisory assistance required, or both . 528
794794 (c) If an owner or a contractor retains a private provider 529
795795 for purposes of plans review o r building inspection services, 530
796796 the local jurisdiction must immediately provide equal access to 531
797797 all permitting and inspection documents and reports to the 532
798798 private provider, owner, and contractor if such access is 533
799799 provided by software that protects exempt r ecords from 534
800800 disclosure. 535
801801 (3) A private provider and any duly authorized 536
802802 representative may only perform building code inspection 537
803803 services that are within the disciplines covered by that 538
804804 person's licensure or certification under chapter 468, chapter 539
805805 471, or chapter 481, including single -trade inspections. A 540
806806 private provider may not provide building code inspection 541
807807 services pursuant to this section upon any building designed or 542
808808 constructed by the private provider or the private provider's 543
809809 firm. 544
810810 (4) A fee owner or the fee owner's contractor using a 545
811811 private provider to provide building code inspection services 546
812812 shall notify the local building official in writing at the time 547
813813 of permit application, or by 2 p.m. local time, 2 business days 548
814814 before the first schedu led inspection by the local building 549
815815 official or building code enforcement agency that a private 550
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824824 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
825825
826826
827827
828828 provider has been contracted to perform the required inspections 551
829829 of construction under this section, including single -trade 552
830830 inspections, on a form to be adopte d by the commission. This 553
831831 notice shall include the following information: 554
832832 (a) The services to be performed by the private provider. 555
833833 (b) The name, firm, address, telephone number, and e -mail 556
834834 address of each private provider who is performing or will 557
835835 perform such services, his or her professional license or 558
836836 certification number, qualification statements or resumes, and, 559
837837 if required by the local building official, a certificate of 560
838838 insurance demonstrating that professional liability insurance 561
839839 coverage is in place for the private provider's firm, the 562
840840 private provider, and any duly authorized representative in the 563
841841 amounts required by this section. 564
842842 (c) An acknowledgment from the fee owner or the fee 565
843843 owner's contractor in substantially the following form: 566
844844 567
845845 I have elected to use one or more private providers to 568
846846 provide building code plans review and/or inspection 569
847847 services on the building or structure that is the 570
848848 subject of the enclosed permit application, as 571
849849 authorized by s. 553.791, Florida Statutes. I 572
850850 understand that the local building official may not 573
851851 review the plans submitted or perform the required 574
852852 building inspections to determine compliance with the 575
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861861 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
862862
863863
864864
865865 applicable codes, except to the extent specified in 576
866866 said law. Instead, plans review and/or required 577
867867 building inspections will be performed by licensed or 578
868868 certified personnel identified in the application. The 579
869869 law requires minimum insurance requirements for such 580
870870 personnel, but I understand that I may require more 581
871871 insurance to protect my interests. By executing t his 582
872872 form, I acknowledge that I have made inquiry regarding 583
873873 the competence of the licensed or certified personnel 584
874874 and the level of their insurance and am satisfied that 585
875875 my interests are adequately protected. I agree to 586
876876 indemnify, defend, and hold harmless t he local 587
877877 government, the local building official, and their 588
878878 building code enforcement personnel from any and all 589
879879 claims arising from my use of these licensed or 590
880880 certified personnel to perform building code 591
881881 inspection services with respect to the building o r 592
882882 structure that is the subject of the enclosed permit 593
883883 application. 594
884884 595
885885 If the fee owner or the fee owner's contractor makes any changes 596
886886 to the listed private providers or the services to be provided 597
887887 by those private providers, the fee owner or the fee owner' s 598
888888 contractor shall, within 1 business day after any change or 599
889889 within 2 business days before the next scheduled inspection, 600
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898898 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
899899
900900
901901
902902 update the notice to reflect such changes. A change of a duly 601
903903 authorized representative named in the permit application does 602
904904 not require a revision of the permit, and the building code 603
905905 enforcement agency shall not charge a fee for making the change. 604
906906 (5) After construction has commenced and if the local 605
907907 building official is unable to provide inspection services in a 606
908908 timely manner, the fee owner or the fee owner's contractor may 607
909909 elect to use a private provider to provide inspection services 608
910910 by notifying the local building official of the owner's or 609
911911 contractor's intention to do so by 2 p.m. local time, 2 business 610
912912 days before the next sche duled inspection using the notice 611
913913 provided for in paragraphs (4)(a) -(c). 612
914914 (6) A private provider performing plans review under this 613
915915 section shall review the plans to determine compliance with the 614
916916 applicable codes. Upon determining that the plans reviewed 615
917917 comply with the applicable codes, the private provider shall 616
918918 prepare an affidavit or affidavits certifying, under oath, that 617
919919 the following is true and correct to the best of the private 618
920920 provider's knowledge and belief: 619
921921 (a) The plans were reviewed by the affiant, who is duly 620
922922 authorized to perform plans review pursuant to this section and 621
923923 holds the appropriate license or certificate. 622
924924 (b) The plans comply with the applicable codes. 623
925925 624
926926 Such affidavit may bear a written or electronic signature and 625
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935935 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
936936
937937
938938
939939 may be submitted electronically to the local building official. 626
940940 (7)(a) The local building official may not perform reviews 627
941941 of plans, construction drawings, or any other related documents 628
942942 determined by a private provider to be compliant with the 629
943943 applicable codes No more than 20 business days after receipt of 630
944944 a permit application and the affidavit from the private provider 631
945945 required pursuant to subsection (6), the local building official 632
946946 shall issue the requested permit or provide a written notice to 633
947947 the permit applicant identifying the specific plan features that 634
948948 do not comply with the applicable codes, as well as the specific 635
949949 code chapters and sections. If the local building official does 636
950950 not provide a written notice of the plan deficiencies within the 637
951951 prescribed 20-day period, the permit application shall be deemed 638
952952 approved as a matter of law, and the permit shall be issued by 639
953953 the local building official on the next business day . 640
954954 (b) The local building official may review other forms and 641
955955 documents required under this section for completeness only. The 642
956956 local building official must provide written notice of any 643
957957 incomplete forms or documents required under this section no 644
958958 later than 10 days after receipt of a permit application and an 645
959959 affidavit from the private provider as required in subsection 646
960960 (6). If the local building official does not provide the written 647
961961 notice within the prescribed 10 -day period, the permit shall be 648
962962 deemed approved as a matter of law, and the local building 649
963963 official must issue the permit on the next business day. 650
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972972 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
973973
974974
975975
976976 (c) If the local building official provides a written 651
977977 notice of any incomplete forms or documents required under this 652
978978 section at the time of plan submission plan deficiencies to the 653
979979 permit applicant within the prescribed 10-day 20-day period, the 654
980980 10-day 20-day period shall be tolled pending resolution of the 655
981981 matter. To resolve the issues raised in the notice plan 656
982982 deficiencies, the permit applicant may elect to dispute the 657
983983 issues deficiencies pursuant to subsection (15) or to submit 658
984984 revisions to correct the issues deficiencies. 659
985985 (d)(c) If the permit applicant submits revisions, the 660
986986 local building official has the remainder of the tolled 10-day 661
987987 20-day period plus 5 business days from the date of resubmittal 662
988988 to issue the requested permit or to provide a second written 663
989989 notice to the permit applicant stating which of the previously 664
990990 identified forms or documents plan features remain incomplete in 665
991991 noncompliance with the applicable codes, with specific reference 666
992992 to the relevant code chapters and sections. Any subsequent 667
993993 review by the local building official is limited to the issues 668
994994 deficiencies cited in the original written notice. If the local 669
995995 building official does not provide the second written notice 670
996996 within the prescribed time period, the perm it shall be deemed 671
997997 approved as a matter of law, and the local building official 672
998998 must issue the permit on the next business day. 673
999999 (e)(d) If the local building official provides a second 674
10001000 written notice of plan deficiencies to the permit applicant 675
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10091009 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
10101010
10111011
10121012
10131013 within the prescribed time period, the permit applicant may 676
10141014 elect to dispute the issues raised in the second notice 677
10151015 deficiencies pursuant to subsection (15) or to submit additional 678
10161016 revisions to correct the issues deficiencies. For all revisions 679
10171017 submitted after the f irst revision, the local building official 680
10181018 has an additional 5 business days from the date of resubmittal 681
10191019 to issue the requested permit or to provide a written notice to 682
10201020 the permit applicant stating which of the previously identified 683
10211021 forms or documents plan features remain incomplete. If the local 684
10221022 building official does not provide the notice within the 685
10231023 prescribed time period, the permit shall be deemed approved as a 686
10241024 matter of law, and the local building official must issue the 687
10251025 permit on the next business d ay in noncompliance with the 688
10261026 applicable codes, with specific reference to the relevant code 689
10271027 chapters and sections . 690
10281028 (8) A private provider performing required inspections 691
10291029 under this section shall inspect each phase of construction as 692
10301030 required by the appli cable codes. Such inspection may be 693
10311031 performed in-person or virtually. The private provider may have 694
10321032 a duly authorized representative perform the required 695
10331033 inspections, provided all required reports are prepared by and 696
10341034 bear the written or electronic signatur e of the private provider 697
10351035 or the private provider's duly authorized representative. The 698
10361036 duly authorized representative must be managed by an employee of 699
10371037 the private provider and be entitled to receive reemployment 700
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10461046 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
10471047
10481048
10491049
10501050 assistance benefits under chapter 443. The contractor's 701
10511051 contractual or legal obligations are not relieved by any action 702
10521052 of the private provider. 703
10531053 (9) A private provider performing required inspections 704
10541054 under this section shall provide notice to the local building 705
10551055 official of the approximate date a nd time of any such 706
10561056 inspection. The local building official may not prohibit the 707
10571057 private provider from performing any inspection outside the 708
10581058 local building official's normal operating hours, including 709
10591059 after hours, weekends, or holidays. The local building official 710
10601060 may visit the building site as often as necessary to verify that 711
10611061 the private provider is performing all required inspections. A 712
10621062 deficiency notice must be posted by the private provider, or the 713
10631063 duly authorized representative of the private provider , or the 714
10641064 building department whenever a noncomplying item related to the 715
10651065 building code or the permitted documents is found. Such notice 716
10661066 may be physically posted at the job site or electronically 717
10671067 posted. After corrections are made, the item must be reinspec ted 718
10681068 by the private provider or his or her representative before 719
10691069 being concealed. Reinspection or reaudit fees shall not be 720
10701070 charged by The local jurisdiction may not charge any fees 721
10711071 related to the reinspection or any other administrative matter 722
10721072 related to the reinspection. The local building official may not 723
10731073 visit the job site without written approval from the private 724
10741074 provider. 725
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10831083 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
10841084
10851085
10861086
10871087 (10) A local building official is not responsible for the 726
10881088 regulatory administration or supervision of building code 727
10891089 inspection services performed by a private provider hired by a 728
10901090 fee owner or a fee owner's contractor. A private provider who 729
10911091 is, or a private provider firm that employs a person licensed 730
10921092 as, a building code administrator under part XII of chapter 468, 731
10931093 shall serve as the local building official with respect to such 732
10941094 building code inspection services. Such individuals and entities 733
10951095 shall be vested with the authority of a local building official 734
10961096 with respect to such services, including, without limitation, 735
10971097 the authority to ensure compliance with applicable laws, rules, 736
10981098 regulations, and codes; the authority to communicate and 737
10991099 interact directly with public or government building officials 738
11001100 and utility and other service providers; the authority to submit 739
11011101 forms and documents to such officials and entities and to 740
11021102 authorize the connection and disconnection of utility services; 741
11031103 and the authority to otherwis e take all actions that permit or 742
11041104 require action or authorization of a building official under 743
11051105 applicable laws, rules, regulations, and codes. The local 744
11061106 building official may not interfere with the actions or 745
11071107 activities of such individuals and entities in the performance 746
11081108 of such actions. Verification of licensure and insurance 747
11091109 requirements for a private provider firm's duly authorized 748
11101110 representative is the responsibility of the private provider 749
11111111 firm's management, and the local building official is not 750
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11201120 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
11211121
11221122
11231123
11241124 required to verify compliance or store information related to 751
11251125 such verification as a result of the local jurisdiction's audit 752
11261126 inspection occurring before the performance of the private 753
11271127 provider's inspection or for any other administrative matter not 754
11281128 involving the detection of a violation of the building code or a 755
11291129 permit requirement. 756
11301130 (10) If the private provider is a person licensed as an 757
11311131 engineer under chapter 471 or an architect under chapter 481 and 758
11321132 affixes his or her professional seal to the affidavit requi red 759
11331133 under subsection (6), the local building official must issue the 760
11341134 requested permit or provide a written notice to the permit 761
11351135 applicant identifying the specific plan features that do not 762
11361136 comply with the applicable codes, as well as the specific code 763
11371137 chapters and sections, within 10 business days after receipt of 764
11381138 the permit application and affidavit. In such written notice, 765
11391139 the local building official must provide with specificity the 766
11401140 plan's deficiencies, the reasons the permit application failed, 767
11411141 and the applicable codes being violated. If the local building 768
11421142 official does not provide specific written notice to the permit 769
11431143 applicant within the prescribed 10 -day period, the permit 770
11441144 application is deemed approved as a matter of law, and the local 771
11451145 building official must issue the permit on the next business 772
11461146 day. 773
11471147 (11) If equipment replacements and repairs must be 774
11481148 performed in an emergency situation, subject to the emergency 775
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11571157 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
11581158
11591159
11601160
11611161 permitting provisions of the Florida Building Code, a private 776
11621162 provider may perform emerge ncy inspection services without first 777
11631163 notifying the local building official pursuant to subsection 778
11641164 (9). A private provider must conduct the inspection within 3 779
11651165 business days after being contacted to conduct an emergency 780
11661166 inspection and must submit the inspe ction report to the local 781
11671167 building official within 1 day after the inspection is 782
11681168 completed. 783
11691169 (12) Upon completing the required inspections at each 784
11701170 applicable phase of construction, the private provider shall 785
11711171 record such inspections on a form provided by the commission 786
11721172 acceptable to the local building official . The form must bear 787
11731173 the written or electronic signature of the private provider or 788
11741174 the private provider's duly authorized representative. These 789
11751175 inspection records must shall reflect those inspections required 790
11761176 by the applicable codes of each phase of construction for which 791
11771177 permitting by a local enforcement agency is required. The 792
11781178 private provider, upon completion of the required inspection, 793
11791179 shall post each completed inspection record, indicating pass or 794
11801180 fail, and provide the record to the local building official 795
11811181 within 4 2 business days. Such inspection record may be 796
11821182 electronically posted by the private provider, or the private 797
11831183 provider may post such inspection record physically at the 798
11841184 project site. The private provider may electronically transmit 799
11851185 the record to the local building official. The private provider 800
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11941194 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
11951195
11961196
11971197
11981198 is not required to upload notices or inspection results to any 801
11991199 website or portal. The local building official may waive the 802
12001200 requirement to provide a record of each inspection within 4 2 803
12011201 business days if the record is electronically posted or posted 804
12021202 at the project site and all such inspection records are 805
12031203 submitted with the certificate of compliance. Unless the records 806
12041204 have been electronically posted, records of all required and 807
12051205 completed inspections shall be maintained at the building site 808
12061206 at all times and made available for review by the local building 809
12071207 official. The private provider shall report to the local 810
12081208 enforcement agency any condition that poses an immediate threat 811
12091209 to public safety and welfare. 812
12101210 (13) Upon completion of all required inspections, the 813
12111211 private provider shall prepare a certificate of compliance, on a 814
12121212 form provided by the commission acceptable to the local building 815
12131213 official, summarizing the inspections performed and including a 816
12141214 written representation, under oath, that the stated inspections 817
12151215 have been performed and that, to the best of the private 818
12161216 provider's knowledge and belief, the building construction 819
12171217 inspected complies with the app roved plans and applicable codes. 820
12181218 The statement required of the private provider shall be 821
12191219 substantially in the following form and shall be signed and 822
12201220 sealed by a private provider as established in subsection (1) or 823
12211221 may be electronically transmitted to the local building 824
12221222 official: 825
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12311231 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
12321232
12331233
12341234
12351235 826
12361236 To the best of my knowledge and belief, the building 827
12371237 components and site improvements outlined herein and 828
12381238 inspected under my authority have been completed in 829
12391239 conformance with the approved plans and the applicable 830
12401240 codes. 831
12411241 832
12421242 (14)(a) The local building official may not perform 833
12431243 building inspections of construction that a private provider has 834
12441244 determined to be compliant with the applicable codes. The local 835
12451245 building official may review forms and documents required under 836
12461246 this section for completeness only. No more than 10 business 837
12471247 days, or if the permit is related to single -family or two-family 838
12481248 dwellings then no more than 2 business days, after receipt of a 839
12491249 request for a certificate of occupancy or certificate of 840
12501250 completion and the applicant's presentation of a certificate of 841
12511251 compliance and approval of all other government approvals 842
12521252 required by law, including the payment of all outstanding fees, 843
12531253 the local building official shall issue the certificate of 844
12541254 occupancy or certificate of completion or provide a notice to 845
12551255 the applicant of any incomplete forms or documents required 846
12561256 under this section identifying the specific deficiencies, as 847
12571257 well as the specific code chapters and sections . 848
12581258 (b) If the local building official does not provide notice 849
12591259 of any incomplete forms or documents the deficiencies within the 850
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12681268 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
12691269
12701270
12711271
12721272 applicable time periods under paragraph (a), the request for a 851
12731273 certificate of occupancy or certificate of completion is 852
12741274 automatically granted and deemed issued as of the next business 853
12751275 day. The local building o fficial must provide the applicant with 854
12761276 the written certificate of occupancy or certificate of 855
12771277 completion within 2 10 days after it is automatically granted 856
12781278 and issued. To resolve any identified issues deficiencies, the 857
12791279 applicant may elect to dispute the issues deficiencies pursuant 858
12801280 to subsection (15) or to submit a corrected request for a 859
12811281 certificate of occupancy or certificate of completion. 860
12821282 (15) If the local building official determines that any 861
12831283 forms or documents required under this section are incomp lete 862
12841284 the building construction or plans do not comply with the 863
12851285 applicable codes, the official may deny the permit or request 864
12861286 for a certificate of occupancy or certificate of completion, as 865
12871287 appropriate, or may issue a stop -work order for the project or 866
12881288 any portion thereof as provided by law, if the official 867
12891289 determines that the noncompliance poses an immediate threat to 868
12901290 public safety and welfare, subject to the following: 869
12911291 (a) The local building official shall be available to meet 870
12921292 with the private provider w ithin 2 business days to resolve any 871
12931293 dispute after issuing a stop -work order or providing notice to 872
12941294 the applicant denying a permit or request for a certificate of 873
12951295 occupancy or certificate of completion. 874
12961296 (b) If the local building official and private prov ider 875
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13051305 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
13061306
13071307
13081308
13091309 are unable to resolve the dispute, the matter shall be referred 876
13101310 to the local enforcement agency's board of appeals, if one 877
13111311 exists, which shall consider the matter at its next scheduled 878
13121312 meeting or sooner. Any decisions by the local enforcement 879
13131313 agency's board of appeals, or local building official if there 880
13141314 is no board of appeals, may be appealed to the commission as 881
13151315 provided by this chapter. 882
13161316 (c) Notwithstanding any provision of this section, any 883
13171317 decisions regarding the issuance of a building permit, 884
13181318 certificate of occupancy, or certificate of completion may be 885
13191319 reviewed by the local enforcement agency's board of appeals, if 886
13201320 one exists. Any decision by the local enforcement agency's board 887
13211321 of appeals, or local building official if there is no board of 888
13221322 appeals, may be appealed to the commission as provided by this 889
13231323 chapter, which shall consider the matter at the commission's 890
13241324 next scheduled meeting. 891
13251325 (16) For the purposes of this section, any notice to be 892
13261326 provided by the local building official shall be deeme d to be 893
13271327 provided to the person or entity when successfully transmitted 894
13281328 to the e-mail address listed for that person or entity in the 895
13291329 permit application or revised permit application, or, if no e -896
13301330 mail address is stated, when actually received by that person or 897
13311331 entity. 898
13321332 (17)(a) A local enforcement agency, local building 899
13331333 official, or local government may not adopt or enforce any laws, 900
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13421342 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
13431343
13441344
13451345
13461346 rules, procedures, policies, qualifications, or standards more 901
13471347 stringent than those prescribed by this section. 902
13481348 (b) A local enforcement agency, local building official, 903
13491349 or local government may establish, for private providers and, 904
13501350 private provider firms , and duly authorized representatives 905
13511351 working within that jurisdiction, a system of registration to 906
13521352 verify compliance with the licensure requirements of paragraph 907
13531353 (1)(r) paragraph (1)(n) and the insurance requirements of 908
13541354 subsection (18). 909
13551355 (c) This section does not limit the authority of the local 910
13561356 building official to issue a stop -work order for a building 911
13571357 project or any portion o f the project, as provided by law, if 912
13581358 the official determines that a condition on the building site 913
13591359 constitutes an immediate threat to public safety and welfare , 914
13601360 provided such orders are in strict compliance with the 915
13611361 deficiency notice provisions of subsect ion (9). 916
13621362 (18) A private provider may perform building code 917
13631363 inspection services on a building project under this section 918
13641364 only if the private provider maintains insurance for 919
13651365 professional liability covering all services performed as a 920
13661366 private provider. Suc h insurance shall have minimum policy 921
13671367 limits of $1 million per occurrence and $2 million in the 922
13681368 aggregate for any project with a construction cost of $5 million 923
13691369 or less and $2 million per occurrence and $4 million in the 924
13701370 aggregate for any project with a co nstruction cost of over $5 925
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13791379 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
13801380
13811381
13821382
13831383 million. Nothing in this section limits the ability of a fee 926
13841384 owner to require additional insurance or higher policy limits. 927
13851385 For these purposes, the term "construction cost" means the total 928
13861386 cost of building construction as stated in the building permit 929
13871387 application. If the private provider chooses to secure claims -930
13881388 made coverage to fulfill this requirement, the private provider 931
13891389 must also maintain coverage for a minimum of 5 years after 932
13901390 subsequent to the performance of building code i nspection 933
13911391 services. The insurance required under this subsection shall be 934
13921392 written only by insurers authorized to do business in this state 935
13931393 with a minimum A.M. Best's rating of A. Before providing 936
13941394 building code inspection services within a local building 937
13951395 official's jurisdiction, a private provider must provide to the 938
13961396 local building official a certificate of insurance evidencing 939
13971397 that the coverages required under this subsection are in force. 940
13981398 (19) When performing building code inspection services, a 941
13991399 private provider is subject to the disciplinary guidelines of 942
14001400 the applicable professional board with jurisdiction over his or 943
14011401 her license or certification under chapter 468, chapter 471, or 944
14021402 chapter 481. All private providers shall be subject to the 945
14031403 disciplinary guidelines of s. 468.621(1)(c) -(h). Any complaint 946
14041404 processing, investigation, and discipline that arise out of a 947
14051405 private provider's performance of building code inspection 948
14061406 services shall be conducted by the applicable professional 949
14071407 board. 950
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14161416 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
14171417
14181418
14191419
14201420 (20) A local buildi ng code enforcement agency may not 951
14211421 audit the performance of building code inspection services by 952
14221422 private providers operating within the local jurisdiction until 953
14231423 the agency has created standard operating private provider audit 954
14241424 procedures for the agency's in ternal inspection and review 955
14251425 staff, which includes, at a minimum, the private provider audit 956
14261426 purpose and scope, private provider audit criteria, an 957
14271427 explanation of private provider audit processes and objections, 958
14281428 and detailed findings of areas of noncomplia nce. Such private 959
14291429 provider audit procedures must be publicly available online, and 960
14301430 a printed version must be readily accessible in agency 961
14311431 buildings. The private provider audit results of staff for the 962
14321432 prior two quarters also must be publicly available. The agency's 963
14331433 audit processes must adhere to the agency's posted standard 964
14341434 operating audit procedures. The same private provider or private 965
14351435 provider firm may not be audited more than four times in a year . 966
14361436 The private provider or private provider firm must be gi ven 967
14371437 notice of each audit to be performed within 5 business days 968
14381438 before the audit unless the local building official determines a 969
14391439 condition of a building constitutes an immediate threat to 970
14401440 public safety and welfare, which must be communicated in writing 971
14411441 to the private provider or private provider firm . Work on a 972
14421442 building or structure may proceed after inspection and approval 973
14431443 by a private provider. The work may not be delayed for 974
14441444 completion of an inspection audit by the local building code 975
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14531453 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
14541454
14551455
14561456
14571457 enforcement agency. 976
14581458 (21) The local government, the local building official, 977
14591459 and their building code enforcement personnel shall be immune 978
14601460 from liability to any person or party for any action or inaction 979
14611461 by a fee owner of a building, or by a private provider or its 980
14621462 duly authorized representative, in connection with building code 981
14631463 inspection services as authorized in this act. The local 982
14641464 government, the local building official, and their building code 983
14651465 enforcement personnel may not prohibit or discourage the use of 984
14661466 a private provider or a private provider firm. A local 985
14671467 government, a local building official, and their building code 986
14681468 enforcement personnel are not immune from liability or judicial 987
14691469 action relating to violations of this section or their 988
14701470 obligations under applicable cod es, including, without 989
14711471 limitation, interference with, disparagement of, or failure to 990
14721472 recognize the authority vested in private providers. 991
14731473 Notwithstanding any other available remedies, any person or 992
14741474 party, in an individual capacity or on behalf of a class of 993
14751475 persons or parties, may bring and maintain actions for damages, 994
14761476 declaratory and injunctive relief, and the issuance of 995
14771477 extraordinary writs for violations of this subsection. 996
14781478 (22) A private provider licensed as a building code 997
14791479 administrator under chapt er 468 shall serve as the local 998
14801480 building official with respect to the building code inspection 999
14811481 services it has been hired to perform by the fee owner or the 1000
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14901490 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
14911491
14921492
14931493
14941494 fee owner's contractor. Such private providers may issue 1001
14951495 building permits. All information from the private provider, 1002
14961496 including, but not limited to, building permits, inspection 1003
14971497 information, and drawings, must be provided to the property 1004
14981498 appraiser for the county or the jurisdiction. Drawings must be 1005
14991499 delivered in their original electronic format. Permits must be 1006
15001500 made publicly available, and the status of the permits must be 1007
15011501 made available on the Private Provider Association of Florida 1008
15021502 website so that code enforcement and other agencies and private 1009
15031503 entities may see their status. The Private Provider Associ ation 1010
15041504 of Florida, or a similar nonprofit association, may require a 1011
15051505 fee or subscription to upload the information to its site or to 1012
15061506 use an applications programming interface. The private provider 1013
15071507 shall update such information within 2 business days after 1014
15081508 issuing a permit or a status change. 1015
15091509 (23) The format of the permit must meet a recognized and 1016
15101510 approved standard, as prescribed by this section, for use by 1017
15111511 private providers. Private provider permits must include space 1018
15121512 for acknowledgement of review and acc eptance of the following: 1019
15131513 (a) The application. 1020
15141514 (b) Licensing. 1021
15151515 (c) The notice of commencement. 1022
15161516 (d) The plan review. 1023
15171517 (e) Required inspections. 1024
15181518 (f) The following lists of inspections: 1025
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15271527 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
15281528
15291529
15301530
15311531 1. Building. 1026
15321532 2. Electric. 1027
15331533 3. Mechanical. 1028
15341534 4. Plumbing. 1029
15351535 (g) Permitting inspection. 1030
15361536 (h) The placard card. 1031
15371537 (i) The blower door test. 1032
15381538 (j) The insulation certificate. 1033
15391539 (k) The termite treatment certificate. 1034
15401540 (l) The power release. 1035
15411541 (m) The certificate of occupancy or certificate of 1036
15421542 completion. 1037
15431543 (24)(22) Notwithstanding any other law, a county, a 1038
15441544 municipality, a school district, or an independent special 1039
15451545 district may use a private provider or a private provider firm 1040
15461546 to provide building code inspection services for a public works 1041
15471547 project, an improvement, a building, or any other structure that 1042
15481548 is owned by the county, municipality, school district, or 1043
15491549 independent special district. 1044
15501550 1045
15511551 It is the intent of the Legislature to provide permit applicants 1046
15521552 with a consistent and efficient user experience. The permittin g 1047
15531553 process must be universally adopted as a standard for this 1048
15541554 state. Local building officials and local governments may not 1049
15551555 adopt, create, or use any form that is inconsistent with any 1050
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15641564 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
15651565
15661566
15671567
15681568 applicable law, rule, or form of this state. The use of custom 1051
15691569 procedures or standards is prohibited. The commission shall 1052
15701570 implement the permitting process and may review it once every 3 1053
15711571 years thereafter for consistency and relevance. 1054
15721572 Section 4. For the purpose of incorporating the amendment 1055
15731573 made by this act to section 468 .605, Florida Statutes, in a 1056
15741574 reference thereto, subsection (6) of section 633.216, Florida 1057
15751575 Statutes, is reenacted to read: 1058
15761576 633.216 Inspection of buildings and equipment; orders; 1059
15771577 firesafety inspection training requirements; certification; 1060
15781578 disciplinary action.—The State Fire Marshal and her or his 1061
15791579 agents or persons authorized to enforce laws and rules of the 1062
15801580 State Fire Marshal shall, at any reasonable hour, when the State 1063
15811581 Fire Marshal has reasonable cause to believe that a violation of 1064
15821582 this chapter or s. 50 9.215, or a rule adopted thereunder, or a 1065
15831583 minimum firesafety code adopted by the State Fire Marshal or a 1066
15841584 local authority, may exist, inspect any and all buildings and 1067
15851585 structures which are subject to the requirements of this chapter 1068
15861586 or s. 509.215 and rules adopted thereunder. The authority to 1069
15871587 inspect shall extend to all equipment, vehicles, and chemicals 1070
15881588 which are located on or within the premises of any such building 1071
15891589 or structure. 1072
15901590 (6) The division and the Florida Building Code 1073
15911591 Administrators and Inspector s Board, established pursuant to s. 1074
15921592 468.605, shall enter into a reciprocity agreement to facilitate 1075
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16011601 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
16021602
16031603
16041604
16051605 joint recognition of continuing education recertification hours 1076
16061606 for certificateholders licensed under s. 468.609 and firesafety 1077
16071607 inspectors certified under s ubsection (2). 1078
16081608 Section 5. For the purpose of incorporating the amendment 1079
16091609 made by this act to section 553.791, Florida Statutes, in a 1080
16101610 reference thereto, paragraph (c) of subsection (1) of section 1081
16111611 177.073, Florida Statutes, is reenacted to read: 1082
16121612 177.073 Expedited approval of residential building permits 1083
16131613 before a final plat is recorded. — 1084
16141614 (1) As used in this section, the term: 1085
16151615 (c) "Local building official" has the same meaning as in 1086
16161616 s. 553.791(1). 1087
16171617 Section 6. For the purpose of incorporating the am endment 1088
16181618 made by this act to section 553.791, Florida Statutes, in a 1089
16191619 reference thereto, subsection (9) of section 468.603, Florida 1090
16201620 Statutes, is reenacted to read: 1091
16211621 468.603 Definitions. —As used in this part: 1092
16221622 (9) "Private provider" has the same meaning as in s. 1093
16231623 553.791(1). 1094
16241624 Section 7. For the purpose of incorporating the amendment 1095
16251625 made by this act to section 553.791, Florida Statutes, in 1096
16261626 references thereto, paragraphs (i) and (j) of subsection (1) of 1097
16271627 section 468.621, Florida Statutes, are reenacted to re ad: 1098
16281628 468.621 Disciplinary proceedings. — 1099
16291629 (1) The following acts constitute grounds for which the 1100
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16381638 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
16391639
16401640
16411641
16421642 disciplinary actions in subsection (2) may be taken: 1101
16431643 (i) Failing to lawfully execute the duties and 1102
16441644 responsibilities specified in this part and ss. 553.73, 553.781, 1103
16451645 553.79, and 553.791. 1104
16461646 (j) Performing building code inspection services under s. 1105
16471647 553.791 without satisfying the insurance requirements of that 1106
16481648 section. 1107
16491649 Section 8. For the purpose of incorporating the amendment 1108
16501650 made by this act to section 553. 791, Florida Statutes, in a 1109
16511651 reference thereto, paragraph (l) of subsection (1) of section 1110
16521652 471.033, Florida Statutes, is reenacted to read: 1111
16531653 471.033 Disciplinary proceedings. — 1112
16541654 (1) The following acts constitute grounds for which the 1113
16551655 disciplinary actions i n subsection (3) may be taken: 1114
16561656 (l) Performing building code inspection services under s. 1115
16571657 553.791, without satisfying the insurance requirements of that 1116
16581658 section. 1117
16591659 Section 9. For the purpose of incorporating the amendment 1118
16601660 made by this act to section 553 .791, Florida Statutes, in a 1119
16611661 reference thereto, paragraph (l) of subsection (1) of section 1120
16621662 481.225, Florida Statutes, is reenacted to read: 1121
16631663 481.225 Disciplinary proceedings against registered 1122
16641664 architects.— 1123
16651665 (1) The following acts constitute grounds for w hich the 1124
16661666 disciplinary actions in subsection (3) may be taken: 1125
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16751675 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
16761676
16771677
16781678
16791679 (l) Performing building code inspection services under s. 1126
16801680 553.791, without satisfying the insurance requirements of that 1127
16811681 section. 1128
16821682 Section 10. For the purpose of incorporating the amendment 1129
16831683 made by this act to section 553.791, Florida Statutes, in a 1130
16841684 reference thereto, subsection (11) of section 553.79, Florida 1131
16851685 Statutes, is reenacted to read: 1132
16861686 553.79 Permits; applications; issuance; inspections. — 1133
16871687 (11) Any state agency whose enabling legisl ation 1134
16881688 authorizes it to enforce provisions of the Florida Building Code 1135
16891689 may enter into an agreement with any other unit of government to 1136
16901690 delegate its responsibility to enforce those provisions and may 1137
16911691 expend public funds for permit and inspection fees, whic h fees 1138
16921692 may be no greater than the fees charged others. Inspection 1139
16931693 services that are not required to be performed by a state agency 1140
16941694 under a federal delegation of responsibility or by a state 1141
16951695 agency under the Florida Building Code must be performed under 1142
16961696 the alternative plans review and inspection process created in 1143
16971697 s. 553.791 or by a local governmental entity having authority to 1144
16981698 enforce the Florida Building Code. 1145
16991699 Section 11. For the purpose of incorporating the amendment 1146
17001700 made by this act to section 553.7 91, Florida Statutes, in a 1147
17011701 reference thereto, paragraph (a) of subsection (7) of section 1148
17021702 553.80, Florida Statutes, is reenacted to read: 1149
17031703 553.80 Enforcement. — 1150
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17121712 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
17131713
17141714
17151715
17161716 (7)(a) The governing bodies of local governments may 1151
17171717 provide a schedule of reasonable fees, as authorized by s. 1152
17181718 125.56(2) or s. 166.222 and this section, for enforcing this 1153
17191719 part. These fees, and any fines or investment earnings related 1154
17201720 to the fees, may only be used for carrying out the local 1155
17211721 government's responsibilities in enforcing the Florida Bu ilding 1156
17221722 Code. When providing a schedule of reasonable fees, the total 1157
17231723 estimated annual revenue derived from fees, and the fines and 1158
17241724 investment earnings related to the fees, may not exceed the 1159
17251725 total estimated annual costs of allowable activities. Any 1160
17261726 unexpended balances must be carried forward to future years for 1161
17271727 allowable activities or must be refunded at the discretion of 1162
17281728 the local government. A local government may not carry forward 1163
17291729 an amount exceeding the average of its operating budget for 1164
17301730 enforcing the Florida Building Code for the previous 4 fiscal 1165
17311731 years. For purposes of this subsection, the term "operating 1166
17321732 budget" does not include reserve amounts. Any amount exceeding 1167
17331733 this limit must be used as authorized in subparagraph 2. 1168
17341734 However, a local government that established, as of January 1, 1169
17351735 2019, a Building Inspections Fund Advisory Board consisting of 1170
17361736 five members from the construction stakeholder community and 1171
17371737 carries an unexpended balance in excess of the average of its 1172
17381738 operating budget for the previous 4 fiscal years may continue to 1173
17391739 carry such excess funds forward upon the recommendation of the 1174
17401740 advisory board. The basis for a fee structure for allowable 1175
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17491749 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
17501750
17511751
17521752
17531753 activities must relate to the level of service provided by the 1176
17541754 local government and must include consid eration for refunding 1177
17551755 fees due to reduced services based on services provided as 1178
17561756 prescribed by s. 553.791, but not provided by the local 1179
17571757 government. Fees charged must be consistently applied. 1180
17581758 1. As used in this subsection, the phrase "enforcing the 1181
17591759 Florida Building Code" includes the direct costs and reasonable 1182
17601760 indirect costs associated with review of building plans, 1183
17611761 building inspections, reinspections, and building permit 1184
17621762 processing; building code enforcement; and fire inspections 1185
17631763 associated with new con struction. The phrase may also include 1186
17641764 training costs associated with the enforcement of the Florida 1187
17651765 Building Code and enforcement action pertaining to unlicensed 1188
17661766 contractor activity to the extent not funded by other user fees. 1189
17671767 2. A local government must use any excess funds that it is 1190
17681768 prohibited from carrying forward to rebate and reduce fees, to 1191
17691769 upgrade technology hardware and software systems to enhance 1192
17701770 service delivery, to pay for the construction of a building or 1193
17711771 structure that houses a local governm ent's building code 1194
17721772 enforcement agency, or for training programs for building 1195
17731773 officials, inspectors, or plans examiners associated with the 1196
17741774 enforcement of the Florida Building Code. Excess funds used to 1197
17751775 construct such a building or structure must be design ated for 1198
17761776 such purpose by the local government and may not be carried 1199
17771777 forward for more than 4 consecutive years. An owner or builder 1200
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17861786 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
17871787
17881788
17891789
17901790 who has a valid building permit issued by a local government for 1201
17911791 a fee, or an association of owners or builders located in t he 1202
17921792 state that has members with valid building permits issued by a 1203
17931793 local government for a fee, may bring a civil action against the 1204
17941794 local government that issued the permit for a fee to enforce 1205
17951795 this subparagraph. 1206
17961796 3. The following activities may not be fund ed with fees 1207
17971797 adopted for enforcing the Florida Building Code: 1208
17981798 a. Planning and zoning or other general government 1209
17991799 activities. 1210
18001800 b. Inspections of public buildings for a reduced fee or no 1211
18011801 fee. 1212
18021802 c. Public information requests, community functions, 1213
18031803 boards, and any program not directly related to enforcement of 1214
18041804 the Florida Building Code. 1215
18051805 d. Enforcement and implementation of any other local 1216
18061806 ordinance, excluding validly adopted local amendments to the 1217
18071807 Florida Building Code and excluding any local ordinance di rectly 1218
18081808 related to enforcing the Florida Building Code as defined in 1219
18091809 subparagraph 1. 1220
18101810 4. A local government must use recognized management, 1221
18111811 accounting, and oversight practices to ensure that fees, fines, 1222
18121812 and investment earnings generated under this subsect ion are 1223
18131813 maintained and allocated or used solely for the purposes 1224
18141814 described in subparagraph 1. 1225
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18231823 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
18241824
18251825
18261826
18271827 5. The local enforcement agency, independent district, or 1226
18281828 special district may not require at any time, including at the 1227
18291829 time of application for a permit, the p ayment of any additional 1228
18301830 fees, charges, or expenses associated with: 1229
18311831 a. Providing proof of licensure under chapter 489; 1230
18321832 b. Recording or filing a license issued under this 1231
18331833 chapter; 1232
18341834 c. Providing, recording, or filing evidence of workers' 1233
18351835 compensation insurance coverage as required by chapter 440; or 1234
18361836 d. Charging surcharges or other similar fees not directly 1235
18371837 related to enforcing the Florida Building Code. 1236
18381838 Section 12. This act shall take effect July 1, 2025. 1237