Florida 2025 2025 Regular Session

Florida House Bill H1035 Comm Sub / Bill

Filed 03/20/2025

                       
 
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A bill to be entitled 1 
An act relating to building permits for single -family 2 
dwellings; amending s. 125.56, F.S.; prohibiting the 3 
expiration of certain building permits issued by a 4 
county before a certain timeframe or a specified 5 
event, whichever is later; amending s. 489.129, F.S.; 6 
providing that certain persons are not subject to 7 
discipline for performing a job without the applicable 8 
permits if otherwise authorized by law; amending s. 9 
553.79, F.S.; prohibiting the expiration of certain 10 
building permits issued by a local government before a 11 
certain timeframe or a specified event, whichever is 12 
later; prohibiting a local government from requiring 13 
building permits for certain projects; providing an 14 
exception; requiring a contractor who performs work 15 
without a building permit to maintain certain records; 16 
amending s. 553.792, F.S.; requiring a local 17 
government to issue a building permit for certain 18 
building permit applications within a spe cified 19 
timeframe; specifying that certain permit applications 20 
are deemed approved by a local government; requiring 21 
the local government to issue such permit within a 22 
certain timeframe; providing an effective date. 23 
 24 
Be It Enacted by the Legislature of t he State of Florida: 25     
 
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 26 
 Section 1.  Paragraph (d) of subsection (4) of section 27 
125.56, Florida Statutes, is amended to read: 28 
 125.56  Enforcement and amendment of the Florida Building 29 
Code and the Florida Fire Prevention Code; inspection fees; 30 
inspectors; etc.— 31 
 (4) 32 
 (d)  A county that issues building permits may send a 33 
written notice of expiration, by e -mail or United States Postal 34 
Service, to the owner of the property and the contractor listed 35 
on the permit, no less than 30 days before a building permit is 36 
set to expire. The written notice must identify the permit that 37 
is set to expire and the date the permit will expire. A building 38 
permit issued by a county for a single -family dwelling may not 39 
expire before 180 days after the issuance of the permit or th e 40 
effective date of the next edition of the Florida Building Code, 41 
which is updated every 3 years pursuant to s. 553.73(7)(a), 42 
whichever is later. 43 
 Section 2.  Paragraph (o) of subsection (1) of section 44 
489.129, Florida Statutes, is amended to read: 45 
 489.129  Disciplinary proceedings. — 46 
 (1)  The board may take any of the following actions 47 
against any certificateholder or registrant: place on probation 48 
or reprimand the licensee, revoke, suspend, or deny the issuance 49 
or renewal of the certificate or registr ation, require financial 50     
 
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restitution to a consumer for financial harm directly related to 51 
a violation of a provision of this part, impose an 52 
administrative fine not to exceed $10,000 per violation, require 53 
continuing education, or assess costs associated w ith 54 
investigation and prosecution, if the contractor, financially 55 
responsible officer, or business organization for which the 56 
contractor is a primary qualifying agent, a financially 57 
responsible officer, or a secondary qualifying agent responsible 58 
under s. 489.1195 is found guilty of any of the following acts: 59 
 (o)  Proceeding on any job without obtaining applicable 60 
local building department permits and inspections , unless 61 
otherwise provided by law . 62 
 63 
For the purposes of this subsection, construction is consi dered 64 
to be commenced when the contract is executed and the contractor 65 
has accepted funds from the customer or lender. A contractor 66 
does not commit a violation of this subsection when the 67 
contractor relies on a building code interpretation rendered by 68 
a building official or person authorized by s. 553.80 to enforce 69 
the building code, absent a finding of fraud or deceit in the 70 
practice of contracting, or gross negligence, repeated 71 
negligence, or negligence resulting in a significant danger to 72 
life or property on the part of the building official, in a 73 
proceeding under chapter 120. 74 
 Section 3.  Paragraphs (a) and (c) of subsection (1) of 75     
 
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section 553.79, Florida Statutes, are amended, and paragraph (g) 76 
is added to that subsection, to read: 77 
 553.79  Permits; applications; issuance; inspections. — 78 
 (1)(a)  Unless otherwise provided by law, after the 79 
effective date of the Florida Building Code adopted as herein 80 
provided, it shall be unlawful for any person, firm, 81 
corporation, or governmental entity to construct, e rect, alter, 82 
modify, repair, or demolish any building within this state 83 
without first obtaining a permit therefor from the appropriate 84 
enforcing agency or from such persons as may, by appropriate 85 
resolution or regulation of the authorized state or local 86 
enforcing agency, be delegated authority to issue such permits, 87 
upon the payment of such reasonable fees adopted by the 88 
enforcing agency. The enforcing agency is empowered to revoke 89 
any such permit upon a determination by the agency that the 90 
construction, erection, alteration, modification, repair, or 91 
demolition of the building for which the permit was issued is in 92 
violation of, or not in conformity with, the provisions of the 93 
Florida Building Code. Whenever a permit required under this 94 
section is denied or r evoked because the plan, or the 95 
construction, erection, alteration, modification, repair, or 96 
demolition of a building, is found by the local enforcing agency 97 
to be not in compliance with the Florida Building Code, the 98 
local enforcing agency shall identify the specific plan or 99 
project features that do not comply with the applicable codes, 100     
 
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identify the specific code chapters and sections upon which the 101 
finding is based, and provide this information to the permit 102 
applicant. A plans reviewer or building code ad ministrator who 103 
is responsible for issuing a denial, revocation, or modification 104 
request but fails to provide to the permit applicant a reason 105 
for denying, revoking, or requesting a modification, based on 106 
compliance with the Florida Building Code or local ordinance, is 107 
subject to disciplinary action against his or her license 108 
pursuant to s. 468.621(1)(i). Installation, replacement, 109 
removal, or metering of any load management control device is 110 
exempt from and shall not be subject to the permit process and 111 
fees otherwise required by this section. 112 
 (c)  A local government that issues building permits may 113 
send a written notice of expiration, by e -mail or United States 114 
Postal Service, to the owner of the property and the contractor 115 
listed on the permit, no less than 30 days before a building 116 
permit is set to expire. The written notice must identify the 117 
permit that is set to expire and the date the permit will 118 
expire. A building permit issued by a local government for a 119 
single-family dwelling may not expire before 180 days after the 120 
issuance of the permi t or the effective date of the next edition 121 
of the Florida Building Code, which is updated every 3 years 122 
pursuant to s. 553.73(7)(a), whichever is later. 123 
 (g)1.  A local government that issues building permits may 124 
not require an owner of a single -family dwelling or an owner's 125     
 
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contractor to obtain a building permit to perform any work that 126 
is valued at less than $7,500 on the single -family dwelling's 127 
lot. However, a local government may require a building permit 128 
for any electrical, plumbing, or structural wo rk, not including 129 
the repair or replacement of exterior doors or windows, 130 
performed on a lot containing a single -family dwelling 131 
regardless of the value of the work. 132 
 2.  A contractor who performs work that does not require a 133 
building permit under this par agraph must keep a record in 134 
writing of the work performed, the property address where the 135 
work was performed, and the value of such work as proof that 136 
such work complies with subparagraph 1. 137 
 Section 4.  Paragraphs (b) through (g) of subsection (1) of 138 
section 553.792, Florida Statutes, are redesignated as 139 
paragraphs (c) through (h), respectively, paragraph (a) of that 140 
subsection is amended, and a new paragraph (b) is added to that 141 
subsection, to read: 142 
 553.792  Building permit application to local govern ment.— 143 
 (1)(a)  A local government must approve, approve with 144 
conditions, or deny a building permit application after receipt 145 
of a completed and sufficient application within the following 146 
timeframes, unless the applicant waives such timeframes in 147 
writing: 148 
 1.  Within 5 business days after receiving a complete and 149 
sufficient application, for an applicant using a local 150     
 
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government plans reviewer to obtain the following building 151 
permits for an existing single -family residential dwelling if 152 
the value of the wor k is less than $15,000: structural, 153 
accessory structure, alarm, electrical, irrigation, landscaping, 154 
mechanical, plumbing, or roofing. 155 
 2.1. Within 30 business days after receiving a complete 156 
and sufficient application, for an applicant using a local 157 
government plans reviewer to obtain the following building 158 
permits if the structure is less than 7,500 square feet: 159 
residential units, including a single -family residential unit or 160 
a single-family residential dwelling, accessory structure, 161 
alarm, electrical, i rrigation, landscaping, mechanical, 162 
plumbing, or roofing. 163 
 3.2. Within 60 business days after receiving a complete 164 
and sufficient application, for an applicant using a local 165 
government plans reviewer to obtain the following building 166 
permits if the structu re is 7,500 square feet or more: 167 
residential units, including a single -family residential unit or 168 
a single-family residential dwelling, accessory structure, 169 
alarm, electrical, irrigation, landscaping, mechanical, 170 
plumbing, or roofing. 171 
 4.3. Within 60 business days after receiving a complete 172 
and sufficient application, for an applicant using a local 173 
government plans reviewer to obtain the following building 174 
permits: signs or nonresidential buildings that are less than 175     
 
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25,000 square feet. 176 
 5.4. Within 60 business days after receiving a complete 177 
and sufficient application, for an applicant using a local 178 
government plans reviewer to obtain the following building 179 
permits: multifamily residential, not exceeding 50 units; site -180 
plan approvals and subdivision plats not requiring public 181 
hearing or public notice; and lot grading and site alteration. 182 
 6.5. Within 12 business days after receiving a complete 183 
and sufficient application, for an applicant using a master 184 
building permit consistent with s. 553.794 to obtain a site-185 
specific building permit. 186 
 7.6. Within 10 business days after receiving a complete 187 
and sufficient application, for an applicant for a single -family 188 
residential dwelling applied for by a contractor licensed in 189 
this state on behalf of a property owne r who participates in a 190 
Community Development Block Grant -Disaster Recovery program 191 
administered by the Department of Commerce, unless the permit 192 
application fails to satisfy the Florida Building Code or the 193 
enforcing agency's laws or ordinances. 194 
 195 
However, the local government may not require the waiver of the 196 
timeframes in this section as a condition precedent to reviewing 197 
an applicant's building permit application. 198 
 (b)  A permit application for the construction or 199 
renovation of a single -family dwelling in a jurisdiction for 200     
 
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which a state of emergency was issued within the 24 months 201 
before the submission of the application, and which is signed 202 
and sealed with an attestation by an architect licensed under 203 
chapter 481 or an engineer licensed under chapter 47 1 that the 204 
plans in the permit comply with the Florida Building Code, is 205 
deemed approved. The local government shall issue such permit 206 
within 2 days after approval. 207 
 Section 5. This act shall take effect July 1, 2025. 208