The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 1128
INTRODUCER: Senator Ingoglia
SUBJECT: Building Permits for a Single-family Dwelling
DATE: March 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Pre-meeting
2. RI
3. RC
I. Summary:
SB 1128 provides that a building permit issued for a single-family dwelling may not expire
before the effective date of the next edition of the Florida Building Code.
The bill also provides that a permit application for the construction of a single-family dwelling in
a jurisdiction for which a state of emergency was issued within the preceding 24 months which is
signed and sealed with an attestation by an architect or engineer that the plans comply with the
Florida Building Code is deemed approved as a matter of law upon submission.
The bill takes effect July 1, 2025.
II. Present Situation:
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a
minimum building code that would ensure that Florida’s minimum standards were met. Local
governments could choose from four separate model codes. The state’s role was limited to
adopting all or relevant parts of new editions of the four model codes. Local governments could
amend and enforce their local codes, as they desired.
1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work.
Hurricane Andrew easily destroyed those structures that were allegedly built according to the
strongest code. The Governor eventually appointed a study commission to review the system of
local codes and make recommendations for modernizing the system. The 1998 Legislature
adopted the study’s commission recommendations for a single state building code and enhanced
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 5, 2024).
REVISED: BILL: SB 1128 Page 2
the oversight role of the state over local code enforcement. The 2000 Legislature authorized
implementation of the Florida Building Code (Building Code), and that first edition replaced all
local codes on March 1, 2002.
2
The current edition of the Building Code is the seventh edition,
which is referred to as the 2020 Florida Building Code.
3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (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 Building Code must be applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.
4
The Florida Building Commission (Commission) was statutorily created to implement the
Building Code. The Commission, which is housed within the Department of Business and
Professional Regulation (DBPR), 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 reviews several International Codes published by the International Code
Council,
5
the National Electric Code, and other nationally adopted model codes to determine if
the Building Code needs to be updated and adopts an updated Building Code every three years.
6
Enforcement of the Florida Building Code: Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdictions in protection of the public’s health, safety, and
welfare.
7
Authorized state and local government agencies enforce the Florida Building Code and
issue building permits.
8
A building permit is an official document or certificate issued by the local building official that
authorizes performance of a specific activity. It is unlawful for a person, firm, or corporation to
construct, erect, alter, repair, secure, or demolish any building without first obtaining a permit
from the local enforcing agency upon the payment of reasonable fees as set forth in a schedule of
fees adopted by the enforcing agency.
9
A local building department or enforcement agency must
post each type of building permit application on its website.
10
Each application must be inscribed
with the date of application and the Florida Building Code in effect as of that date.
11
All permits
must contain a disclosure stating that there may be other permitting requirements from other
governmental entities beyond the local building department or enforcement agency.
12
2
Id.
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 5, 2024).
4
See s. 553.72(1), F.S.
5
The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Mar. 6, 2025).
6
Section 553.73(7)(a), F.S.
7
Section 553.72(2), F.S.
8
See ss. 125.01(1)(bb), 125.56(1), 553.72(3), and 553.80(1) F.S.
9
See ss. 125.56(4)(a) and 553.79(1), F.S. Other entities may, by resolution or regulation, be directed to issue permits.
10
Section 553.79(1)(b), F.S.
11
Section 105.3, 2023 Florida Building Code.
12
Section 553.79(10), F.S. BILL: SB 1128 Page 3
Building Permit Application Review
Current law requires local governments to review certain building permit applications within a
specific time-period of receiving the applications. When a local government receives an
application for one of the above building permits, it must inform the applicant within 5 days of
receiving the application, what information, if any, is needed to complete the application, and
approve, approve with conditions, or deny the application within the following timeframes:
13
• Within 30 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits
for structures less than 7,500 square feet: residential units including a single-family
residential unit or a single-family residential dwelling, accessory structure, alarm, electrical,
irrigation, landscaping, mechanical, plumbing, or roofing.
• Within 60 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits
for structures of 7,500 square feet or greater: residential units including a single-family
residential unit or a single-family residential dwelling, accessory structure, alarm, electrical,
irrigation, landscaping, mechanical, plumbing, or roofing.
• Within 60 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits:
signs or nonresidential buildings less than 25,000 square feet.
• Within 120 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits:
multifamily residential not exceeding 50 units; site-plan approvals and subdivision plats not
requiring public hearing or public notice; and lot grading and site alteration.
• Within 15 business days after receiving a complete and sufficient application, for an
applicant using a master building permit consistent with s. 553.794 to obtain a site-specific
building permit.
• Within 10 business days after receiving a complete and sufficient application, for an
applicant for a single-family residential dwelling applied for by a contractor licensed in this
state on behalf of a property owner who participates in a Community Development Block
Grant-Disaster Recovery program administered by the Department of Commerce, unless the
permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or
ordinances.
If a local government fails to meet the timeframes above without an agreement for an extension
of time, a local government must reduce the building permit fee by 10 percent for each business
day that a local government fails to meet the deadline.
14
Permit Expiration
Section 105 of the Florida Building Code provides certain activity-related characterizations of
building permits, although it does not explicitly define open permits. An application for a
building permit is deemed abandoned 180 days after the filing of the permit application unless
the application has been pursued in good faith or an extension has been granted by the local
13
Section 553.792(1), F.S.
14
Section 553.792(1)(c), F.S. BILL: SB 1128 Page 4
building department.
15
In addition, a 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.
16
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.
17
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.
18
Work shall be considered to be in active progress when the permit has received an
approved inspection within 180 days.
19
III. Effect of Proposed Changes:
Sections 1 and 2 amend ss. 125.56 and 553.79, F.S., to provide that a building permit issued for
a single-family dwelling may not expire before the effective date of the next edition of the
Florida Building Code. Expiration of building permits is currently not regulated by statute, but
the Florida Building Code provides that a permit becomes invalid if no work starts within six
months after issuance of the permit.
Section 3 amends s. 553.792, F.S., to provide that, as an alternative to the permit application
review timeline, a permit application for the construction of a single-family dwelling in a
jurisdiction for which a state of emergency was issued within the preceding 24 months which is
signed and sealed with an attestation by an architect or engineer that the plans comply with the
Florida Building Code is deemed approved as a matter of law upon submission. The local
government is required to issue a permit so approved within two days.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
15
Section 105.3.2, 2023 Florida Building Code.
16
Section 105.4.1, 2023 Florida Building Code.
17
Section 105.4.1.1, 2023 Florida Building Code.
18
Section 105.4.1.2, 2023 Florida Building Code.
19
Section 105.4.1.3, 2023 Florida Building Code. BILL: SB 1128 Page 5
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 125.56, 553.79, and
553.792.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.