STORAGE NAME: h1035b.IAS DATE: 4/7/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: CS/HB 1035 TITLE: Building Permits for Single-family Dwellings SPONSOR(S): Esposito COMPANION BILL: CS/SB 1128 (Ingoglia) LINKED BILLS: None RELATED BILLS: None Committee References Industries & Professional Activities 15 Y, 0 N, As CS Intergovernmental Affairs Commerce SUMMARY Effect of the Bill: The bill provides that single-family building permits do not expire before the latter of 180 days or the effective date of the next edition of the Florida Building Code. The bill prohibits local governments from requiring building permits for certain work valued at less than $7,500 on single-family homes. The bill also provides that local governments must review certain building permit applications for work valued at less than $15,000 on single- family homes within a certain time period The bill provides that building permit applications for single-family homes are deemed approved upon submission and the permit must be issued within two days after approval in jurisdictions where a state of emergency was issued within 24 months before the submission of the application. Fiscal or Economic Impact: The bill may have a positive economic impact on the private sector by reducing the number of days to it takes to receive a building permit. The bill may have an indeterminate fiscal impact on local governments by prohibiting them from requiring building permits for certain work, which will reduce the amount of permit fees they collect but may also reduce their workload and requiring them to issue certain building permits on an expeditated basis. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: The bill provides that a building permit for a single-family dwelling does not expire before the latter of 180 days after the issuance of the permit or the effective date of the next edition of the Florida Building Code, which is updated every three years. (Section 1 and 3) The bill provides that a local government may not require a single-family dwelling owner or the owner’s contractor to pull a building permit for work, which is valued at less than $7,500, on the lot containing the single- family dwelling, however: A local government may require a building permit for electrical, plumbing, or structural work, not including the repair or replacement of exterior doors or windows, regardless of the value of such work. A contractor who performs work that is exempt from needing a building permit must keep a record in writing of the work he or she performed, the property address where the work was performed, and the value of such work. (Section 3) The bill provides that a local government must approve or deny a building permit application for work, which is valued at less than $15,000, on an existing single-family dwelling within five (5) business days of receiving a completed application. (Section 4) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 The bill also provides that a building permit application for the construction or renovation of a single-family dwelling is deemed approved upon submission if: construction of the dwelling is in a jurisdiction for which a state of emergency was issued within the preceding 24 months; and a licensed architect or engineer signs and seals the application and attests that the plans comply with the Florida Building Code. (Section 4) A local government must issue a building permit for such application within two days of submission. (Section 4) The bill provides an effective date of July 1, 2025 (Section 5) RELEVANT INFORMATION SUBJECT OVERVIEW: Florida Building Code Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act.” The purpose and intent of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state building code. The Florida Building Code (Building Code) must be applied, administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 1 The Florida Building Commission (Commission) implements the Building Code. The Commission, which is housed within the Department of Business and Professional Regulation, is a 19-member technical body made up of design professionals, contractors, and government experts in various disciplines covered by the Building Code. The Commission updates and adopts a new edition of the Building Code every three years. 2 The current edition of the Building Code is the eighth edition, which is referred to as the 2023 Building Code. 3 It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 4 Building Permits Every local government must enforce the Building Code and issue building permits. 5 A building permit is an official document or certificate issued by the local building official that authorizes performance of a specific activity. 6 It is unlawful for a person to construct, erect, alter, repair, secure, or demolish any building without first obtaining a building permit. 7 Current law requires local governments to review building permit applications for single-family dwellings within a specific time-period of receiving the applications. 8 When a local government receives an application for a single- family dwelling building permit, it must approve, approve with conditions, or deny a building permit application following receipt of a completed and sufficient application to the following timelines, unless the applicant waives such limitation in writing: 9 1 S. 553.72(1), F.S. 2 Ss. 553.73(7), and 553.74, F.S. 3 Overview, Eighth Edition of the Florida Building Code. 4 S. 553.72, F.S. 5 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 6 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building). 7 S. 553.79(1), F.S. 8 S. 553.792(1), F.S. 9 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Within 30 business days if the structure is less than 7,500 square feet. Within 60 business days if the structure is more than 7,500 square feet. Within 12 business days after receiving a complete and sufficient application, for an applicant using a master building permit to obtain a site-specific building permit. Within 10 business days for a single-family residential dwelling applied for by a licensed contractor on behalf of a property owner who participates in a Community Development Block Grant-Disaster Recovery program administered by the Department of Commerce. A building permit becomes invalid if no work starts within six months after issuance of the permit or if work on the project ceases for a period of six months after work has commenced on the project. Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. 10 A new permit is required if a permit is revoked after work has commenced, becomes null and void, or expires because of a lack of progress on the project. If a new permit is not obtained within 180 days from the date the permit becomes null and void, the local enforcement agency may require the removal of all work that has been performed on the project. 11 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Industries & Professional Activities Subcommittee 15 Y, 0 N, As CS 3/19/2025 Anstead Brackett THE CHANGES ADOPTED BY THE COMMITTEE: Provided that a building permit for a single-family dwelling expires the later of 180 days or the adoption of the next edition of the Florida Building Code. Provided that a local government may not require an owner of a single- family dwelling or an owner’s contractor to pull a permit for work that is valued at less than $7,500. o A contractor must keep a record of the work performed and the value of such work. o Local governments may still require permits for electrical, plumbing, or structural work on a single-family dwelling regardless of the value of the work. Provided that within 5 business days of receiving an application, a local government must issue or deny a building permit for work, which is valued at less than $15,000, on an existing single-family dwelling. Provided that the 2-day time-period to issue a building permit for construction of a single-family dwelling that has been approved by a licensed engineer or architect also applies to the renovation of a single- family dwelling. Intergovernmental Affairs Subcommittee Darden Burgess Commerce Committee ------------------------------------------------------------------------------------------------------------------------------------- THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. ------------------------------------------------------------------------------------------------------------------------------------- 10 Section 105.4 of the Eighth Edition of the Florida Building Code 11 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4