Florida Senate - 2025 SB 1474 By Senator DiCeglie 18-00247-25 20251474__ 1 A bill to be entitled 2 An act relating to private provider building 3 inspection services; amending s. 468.605, F.S.; 4 requiring that the Florida Building Code 5 Administrators and Inspectors Board include a 6 specified number of members who are private providers 7 or who are employed by private provider firms; making 8 technical changes; amending s. 553.74, F.S.; requiring 9 that the Florida Building Commission include a 10 specified number of members who are private providers 11 or who are employed by private provider firms; 12 requiring that the commission include a specified 13 number of members who are licensed contractors that 14 use private providers or private provider firms; 15 encouraging the Private Provider Association of 16 Florida to recommend a list of candidates for 17 consideration; amending s. 553.791, F.S.; revising and 18 defining terms; requiring that building code 19 inspection services provided by a private provider be 20 the subject of an agreement, rather than a written 21 contract, between the provider or providers firm and 22 the fee owner or fee owners contractor; requiring 23 that the reduced permit fee not exceed the cost 24 incurred by the local jurisdiction, including labor 25 and personnel costs; prohibiting a local jurisdiction 26 from charging additional fees for building inspections 27 if the fee owner or contractor hires a private 28 provider to perform such services; deleting a 29 provision authorizing a local jurisdiction to charge 30 specified administrative fees; requiring a local 31 jurisdiction to immediately provide a private 32 provider, owner, and contractor equal access to all 33 permitting and inspection documents and reports if 34 such access is provided by software that protects 35 exempt records from disclosure; revising the 36 information a fee owner or a fee owners contractor 37 must provide to a local building official; revising 38 conditions under which a fee owner or fee owners 39 contractor is authorized to use a private provider to 40 provide inspection services; revising the timeframe 41 within which a fee owner or a fee owners contractor 42 must notify the local building official of the owners 43 or contractors intention to use a private provider; 44 prohibiting a local building official from performing 45 specified reviews of plans, drawings, or other related 46 documents determined by a private provider to be in 47 compliance with applicable codes; deleting a provision 48 requiring a local building official to issue a 49 requested permit or provide a specified notice within 50 a certain timeframe; authorizing a local building 51 official to review certain forms and documents only 52 for completeness; requiring a local building official 53 to send written notice of incomplete forms or 54 documents within a specified timeframe; providing that 55 a permit is deemed approved as a matter of law, and 56 requiring the local building official to issue the 57 permit by the next business day, if the local building 58 official fails to provide a specified notice within a 59 specified timeframe; requiring that a duly authorized 60 representative be managed, rather than employed, by a 61 private provider to receive specified benefits; 62 deleting a requirement that a private provider 63 performing required inspections provide notice to the 64 local building official of the approximate date and 65 time of specified inspections; deleting a provision 66 prohibiting a local building official from preventing 67 a private provider from performing any inspection 68 outside a certain timeframe; deleting a provision 69 authorizing a local building official to visit a 70 building site as often as necessary to verify that a 71 private provider is performing required inspections; 72 deleting a provision authorizing a building department 73 to satisfy a requirement that a certain deficiency 74 notice be posted; revising the reinspection fees that 75 a local jurisdiction is prohibited from charging; 76 prohibiting a local building official from visiting a 77 job site without written approval from the private 78 provider doing the work on the site; providing that a 79 local building official is not responsible for the 80 regulatory administration or supervision of building 81 code inspection services performed by a private 82 provider; requiring that a private provider who is, or 83 private provider firm that employs a person licensed 84 as, a licensed building code administrator serve as 85 the local building official for such building code 86 inspection services; providing that such private 87 providers or private provider firms are vested with 88 the authority of the local building official with 89 respect to certain inspection services; prohibiting a 90 local building official from interfering with the 91 actions or activities of such private providers or 92 private provider firms; providing that verification of 93 certain licensure and insurance requirements for a 94 private provider firms duly authorized representative 95 is the responsibility of the private provider firms 96 management; providing that a local building official 97 is not required to verify compliance or store 98 information of such verification; deleting a 99 requirement that the local building official, under 100 certain circumstances, issue a permit within a 101 specified timeframe; revising a provision authorizing 102 a private provider to perform emergency inspection 103 services; requiring a private provider to record 104 specified inspections on forms provided by the Florida 105 Building Commission, rather than on forms acceptable 106 to the local building official; revising the timeframe 107 within which a private provider must provide an 108 inspection record to the local building official; 109 providing that a private provider is not required to 110 upload notices or inspection results to a website or 111 portal; revising the timeframe within which a local 112 building official may waive the requirement to provide 113 a record of each inspection record; requiring a 114 private provider to prepare a certificate of 115 compliance on a form provided by the commission, 116 rather than on a form acceptable to the local building 117 official; prohibiting a local building official from 118 performing building inspections of construction that a 119 private provider has determined to be compliant with 120 applicable codes; authorizing a local building 121 official to review specified forms and documents only 122 for completeness; revising the timeframe within which 123 a local building official must provide an applicant 124 with a written certificate of occupancy or certificate 125 of completion; authorizing a local building official 126 to deny a permit or a request for a certificate of 127 occupancy or a certificate of completion if required 128 forms or documents are incomplete; deleting a 129 provision authorizing a local enforcement agency, a 130 local building official, or a local government to 131 establish a system of registration to verify 132 compliance with specified licensure and insurance 133 requirements for duly authorized representatives; 134 revising the authority of a local building official to 135 issue a stop-work order for a building project or any 136 portion thereof; revising a prohibition against the 137 auditing by a local building code enforcement agency 138 of the performance of building code inspection 139 services by certain private providers; deleting an 140 exception to the limit on the number of times in a 141 year that a private provider or private provider firm 142 may be audited; requiring that a private provider or 143 private provider firm be given notice within a 144 specified timeframe before being audited; prohibiting 145 local governments, officials, and personnel from 146 prohibiting or discouraging the use of a private 147 provider or a private provider firm; providing that 148 local governments, officials, and personnel are not 149 immune from liability for such prohibition or 150 discouragement or for violations of law or applicable 151 codes; providing that a person or a party may bring an 152 action for damages, declaratory and injunctive relief, 153 and the issuance of extraordinary writs remedies for 154 such violations; authorizing a private provider 155 licensed as a building code administrator to serve as 156 the local building official; authorizing such private 157 providers to issue building permits; requiring that 158 all information from a private provider be provided to 159 the property appraiser for the county or the 160 jurisdiction; requiring that drawings be delivered in 161 their original electronic format; requiring that 162 permits be publicly available and that their status be 163 available on the Private Provider Association of 164 Florida website for specified purposes; authorizing 165 the Private Provider Association of Florida, or a 166 similar nonprofit association, to require a fee or 167 subscription to upload such information to its website 168 or to use an applications programming interface; 169 requiring a private provider to update such 170 information within a specified timeframe under certain 171 circumstances; requiring that the format of private 172 provider permits meet a specified standard and include 173 specified information; providing legislative intent; 174 requiring that the permitting process be universally 175 adopted as a standard for this state; prohibiting 176 local building officials and governments from 177 adopting, creating, or using certain forms; 178 prohibiting the use of custom procedures or standards; 179 authorizing the commission to implement such 180 permitting processes and review them for consistency 181 and relevance within a specified timeframe; making a 182 technical change; reenacting s. 633.216(6), F.S., 183 relating to inspection of buildings and equipment, 184 orders, firesafety inspection training requirements, 185 certification, and disciplinary action, to incorporate 186 the amendment made to s. 468.605, F.S., in a reference 187 thereto; reenacting ss. 177.073(1)(c), 468.603(9), 188 468.621(1)(i) and (j), 471.033(1)(l), 481.225(1)(l), 189 553.79(11), and 553.80(7)(a), F.S., relating to 190 expedited approval of residential building permits 191 before a final plat is recorded; definitions; 192 disciplinary proceedings against building code 193 administrators and inspectors; disciplinary 194 proceedings against licensed engineers; disciplinary 195 proceedings against registered architects; permits, 196 applications, issuance, and inspections; and 197 enforcement, respectively, to incorporate the 198 amendment made to s. 553.791, F.S., in references 199 thereto; providing an effective date. 200 201 Be It Enacted by the Legislature of the State of Florida: 202 203 Section 1.Subsection (2) of section 468.605, Florida 204 Statutes, is amended to read: 205 468.605Florida Building Code Administrators and Inspectors 206 Board. 207 (2)The board shall consist of nine members, as follows: 208 (a)One member who is an architect licensed pursuant to 209 chapter 481, an engineer licensed pursuant to chapter 471, or a 210 contractor licensed pursuant to chapter 489. 211 (b)Two members serving as building code administrators, 212 one of whom must be a private provider as defined in s. 553.791 213 or be employed by a private provider firm as defined in s. 214 553.791. 215 (c)Two members serving as building code inspectors, one of 216 whom must be a private provider as defined in s. 553.791 or be 217 employed by a private provider firm as defined in s. 553.791. 218 (d)One member serving as a plans examiner. 219 (e)One member who is a representative of a city or a 220 charter county. 221 (f)Two consumer members who are not, and have never been, 222 members of a profession regulated under this part, chapter 481, 223 chapter 471, or chapter 489. One of the consumer members must be 224 a person with a disability or a representative of an 225 organization which represents persons with disabilities. 226 227 None of The board members described in paragraph (a) or 228 paragraph (f) may not be an employee of a municipal, county, or 229 state governmental agency. 230 Section 2.Subsection (1) of section 553.74, Florida 231 Statutes, is amended to read: 232 553.74Florida Building Commission. 233 (1)The Florida Building Commission is created and located 234 within the Department of Business and Professional Regulation 235 for administrative purposes. Members are appointed by the 236 Governor subject to confirmation by the Senate. The commission 237 is composed of 23 19 members, consisting of the following 238 members: 239 (a)One architect licensed pursuant to chapter 481 with at 240 least 5 years of experience in the design and construction of 241 buildings designated for Group E or Group I occupancies by the 242 Florida Building Code. The American Institute of Architects, 243 Florida Section, is encouraged to recommend a list of candidates 244 for consideration. 245 (b)One structural engineer registered to practice in this 246 state and actively engaged in the profession. The Florida 247 Engineering Society is encouraged to recommend a list of 248 candidates for consideration. 249 (c)One air-conditioning contractor, mechanical contractor, 250 or mechanical engineer certified to do business in this state 251 and actively engaged in the profession. The Florida Air 252 Conditioning Contractors Association, the Florida Refrigeration 253 and Air Conditioning Contractors Association, the Mechanical 254 Contractors Association of Florida, and the Florida Engineering 255 Society are encouraged to recommend a list of candidates for 256 consideration. 257 (d)One electrical contractor or electrical engineer 258 certified to do business in this state and actively engaged in 259 the profession. The Florida Association of Electrical 260 Contractors; the National Electrical Contractors Association, 261 Florida Chapter; and the Florida Engineering Society are 262 encouraged to recommend a list of candidates for consideration. 263 (e)One certified general contractor or one certified 264 building contractor certified to do business in this state and 265 actively engaged in the profession. The Associated Builders and 266 Contractors of Florida, the Florida Associated General 267 Contractors Council, the Florida Home Builders Association, and 268 the Union Contractors Association are encouraged to recommend a 269 list of candidates for consideration. 270 (f)One plumbing contractor licensed to do business in this 271 state and actively engaged in the profession. The Florida 272 Association of Plumbing, Heating, and Cooling Contractors is 273 encouraged to recommend a list of candidates for consideration. 274 (g)One roofing or sheet metal contractor certified to do 275 business in this state and actively engaged in the profession. 276 The Florida Roofing, Sheet Metal, and Air Conditioning 277 Contractors Association and the Sheet Metal and Air Conditioning 278 Contractors National Association are encouraged to recommend a 279 list of candidates for consideration. 280 (h)One certified residential contractor licensed to do 281 business in this state and actively engaged in the profession. 282 The Florida Home Builders Association is encouraged to recommend 283 a list of candidates for consideration. 284 (i)Three members who are municipal, county, or district 285 codes enforcement officials, one of whom is also a fire 286 official. The Building Officials Association of Florida and the 287 Florida Fire Marshals and Inspectors Association are encouraged 288 to recommend a list of candidates for consideration. 289 (j)One member of a Florida-based organization of persons 290 with disabilities or a nationally chartered organization of 291 persons with disabilities with chapters in this state which 292 complies with or is certified to be compliant with the 293 requirements of the Americans with Disabilities Act of 1990, as 294 amended. 295 (k)One member of the manufactured buildings industry who 296 is licensed to do business in this state and is actively engaged 297 in the industry. The Florida Manufactured Housing Association is 298 encouraged to recommend a list of candidates for consideration. 299 (l)One member of the building products manufacturing 300 industry who is authorized to do business in this state and is 301 actively engaged in the industry. The Florida Building Material 302 Association, the Florida Concrete and Products Association, and 303 the Fenestration Manufacturers Association are encouraged to 304 recommend a list of candidates for consideration. 305 (m)One member who is a representative of the building 306 owners and managers industry who is actively engaged in 307 commercial building ownership or management. The Building Owners 308 and Managers Association is encouraged to recommend a list of 309 candidates for consideration. 310 (n)One member who is a representative of the insurance 311 industry. The Florida Insurance Council is encouraged to 312 recommend a list of candidates for consideration. 313 (o)One member who is a swimming pool contractor licensed 314 to do business in this state and actively engaged in the 315 profession. The Florida Swimming Pool Association and the United 316 Pool and Spa Association are encouraged to recommend a list of 317 candidates for consideration. 318 (p)The Chief Resilience Officer or his or her designee. 319 (q)One member who is a representative of a natural gas 320 distribution system and who is actively engaged in the 321 distribution of natural gas in this state. The Florida Natural 322 Gas Association is encouraged to recommend a list of candidates 323 for consideration. 324 (r)Two members who are private providers as defined in s. 325 553.791 or who are employed by private provider firms as defined 326 in s. 553.791. The Private Provider Association of Florida is 327 encouraged to recommend a list of candidates for consideration. 328 (s)Two members who are licensed contractors as defined in 329 s. 489.105(3) and who utilize private providers as defined in s. 330 553.791 or private provider firms as defined in s. 553.791 for 331 inspections or plan reviews. The Private Provider Association of 332 Florida is encouraged to recommend a list of candidates for 333 consideration. 334 Section 3.New subsections (21) and (22) are added to 335 section 553.791, Florida Statutes, and subsections (1), (2), 336 (4), (5), (7) through (10), present subparagraphs (11) through 337 (15), paragraphs (b) and (c) of present subsection (17), and 338 present subsections (20), (21), and (22) of that section are 339 amended, to read: 340 553.791Alternative plans review and inspection. 341 (1)As used in this section, the term: 342 (a)Applicable codes means the Florida Building Code and 343 any local technical amendments to the Florida Building Code but 344 does not include the applicable minimum fire prevention and 345 firesafety codes adopted pursuant to chapter 633. 346 (b)Audit means the process to confirm that the building 347 code inspection services have been performed by the private 348 provider, including ensuring that the required affidavit for the 349 plan review has been properly completed and submitted with the 350 permit documents and that the minimum mandatory inspections 351 required under the building code have been performed and 352 properly recorded. The local building official may not replicate 353 the plan review or inspection being performed by the private 354 provider, unless expressly authorized by this section. 355 (c)Building means any construction, erection, 356 alteration, demolition, or improvement of, or addition to, any 357 structure or site work for which permitting by a local 358 enforcement agency is required. 359 (c)(d)Building code inspection services means those 360 services described in s. 468.603(5) and (8) involving the review 361 of building plans as well as those services involving the review 362 of site plans and site work engineering plans or their 363 functional equivalent, to determine compliance with applicable 364 codes and those inspections required by law, conducted either in 365 person or virtually, of each phase of construction for which 366 permitting by a local enforcement agency is required to 367 determine compliance with applicable codes. 368 (d)Building official means a local building official or 369 a private provider who holds a building code administrator 370 license. 371 (e)Commission means the Florida Building Commission. 372 (f)Deliver or delivery means any method of delivery 373 used in conventional business or commercial practice, including 374 delivery by electronic transmissions such as e-mail or any other 375 form of electronic communication used to transmit information. 376 (g)(f)Duly authorized representative means an agent of 377 the private provider identified in the permit application who 378 reviews plans or performs inspections as provided by this 379 section and who is licensed as an engineer under chapter 471 or 380 as an architect under chapter 481 or who holds a standard or 381 provisional certificate under part XII of chapter 468. A duly 382 authorized representative who only holds a provisional 383 certificate under part XII of chapter 468 must be under the 384 direct supervision of a person licensed as a building code 385 administrator under part XII of chapter 468. 386 (h)(g)Electronic signature means any letters, 387 characters, or symbols manifested by electronic or similar means 388 which are executed or adopted by a party with an intent to 389 authenticate a writing or record. 390 (i)(h)Electronic transmission or submitted 391 electronically means any form or process of communication not 392 directly involving the physical transfer of paper or another 393 tangible medium which is suitable for the retention, retrieval, 394 and reproduction of information by the recipient and is 395 retrievable in paper form by the receipt through an automated 396 process. All notices provided for in this section may be 397 transmitted electronically and shall have the same legal effect 398 as if physically posted or mailed. 399 (j)(i)Electronically posted means providing notices of 400 decisions, results, or records, including inspection records, 401 through the use of a website or other form of electronic 402 communication used to transmit or display information. 403 (k)Form means any document or record that has been 404 adopted by the commission. 405 (l)(j)Immediate threat to public safety and welfare 406 means a building code violation that, if allowed to persist, 407 constitutes an immediate hazard that could result in death, 408 serious bodily injury, or significant property damage. This 409 paragraph does not limit the authority of the local building 410 official to issue a Notice of Corrective Action at any time 411 during the construction of a building project or any portion of 412 such project if the official determines that a condition of the 413 building or portion thereof may constitute a hazard when the 414 building is put into use following completion as long as the 415 condition cited is shown to be in violation of the building code 416 or approved plans. 417 (m)(k)Local building official means the individual 418 within the governing jurisdiction responsible for direct 419 regulatory administration or supervision of plans review, 420 enforcement, and inspection of any construction, erection, 421 alteration, demolition, or substantial improvement of, or 422 addition to, any structure for which permitting is required to 423 indicate compliance with applicable codes and includes any duly 424 authorized designee of such person. 425 (n)Management means the individuals or entities within a 426 private provider firm which are duly authorized to oversee, 427 direct, and make decisions on behalf of the firm in the conduct 428 of building inspection and building inspection-related services. 429 Such individuals or entities may include, but are not limited 430 to, the following: 431 1.Executive officers who hold senior positions within the 432 firm, such as the president, chief executive officer, chief 433 operating officer, chief financial officer, or other designated 434 executive who is responsible for the overall strategic direction 435 and operational management of the firm. 436 2.Authorized representatives who have been officially 437 designated by the executive officers to act on behalf of the 438 private provider firm. An authorized representative must have 439 documented authorization to submit inspection reports, 440 correspond with regulatory authorities, and perform other 441 necessary duties as required by law or by contractual 442 obligation. 443 3.Licensed professionals who hold the requisite 444 professional licenses and are employed by the private provider 445 firm to carry out building code inspection services. Licensed 446 professionals are authorized to prepare, review, and certify 447 documents related to their scope of work. 448 (o)Notice means the submission, including submission by 449 electronic transmission, of any document, form, report, or 450 correspondence by a private provider firm to a local building 451 official. All notice provided for in this section shall have the 452 same legal effect as if physically posted or mailed. 453 (p)(l)Permit application means a properly completed and 454 submitted application for the requested building or construction 455 permit, including: 456 1.The plans reviewed by the private provider. 457 2.The affidavit from the private provider required under 458 subsection (6). 459 3.Any applicable fees. 460 4.Any documents required by the local building official to 461 determine that the fee owner has secured all other government 462 approvals required by law. 463 (q)(m)Plans means building plans, site engineering 464 plans, or site plans, or their functional equivalent, submitted 465 by a fee owner or fee owners contractor to a private provider 466 or duly authorized representative for review. 467 (r)(n)Private provider means a person licensed as a 468 building code administrator under part XII of chapter 468, as an 469 engineer under chapter 471, or as an architect under chapter 470 481. For purposes of performing inspections under this section 471 for additions and alterations that are limited to 1,000 square 472 feet or less to residential buildings, the term private 473 provider also includes a person who holds a standard 474 certificate under part XII of chapter 468. 475 (s)(o)Private provider firm means a business 476 organization, including a corporation, partnership, business 477 trust, or other legal entity, which offers services under this 478 chapter to the public through licensees who are acting as 479 agents, employees, officers, or partners of the firm. A person 480 who is licensed as a building code administrator under part XII 481 of chapter 468, an engineer under chapter 471, or an architect 482 under chapter 481 may act as a private provider for an agent, 483 employee, or officer of the private provider firm. 484 (t)(p)Request for certificate of occupancy or certificate 485 of completion means a properly completed and executed 486 application for: 487 1.A certificate of occupancy or certificate of completion. 488 2.A certificate of compliance from the private provider 489 required under subsection (13). 490 3.Any applicable fees. 491 4.Any documents required by the local building official to 492 determine that the fee owner has secured all other government 493 approvals required by law. 494 (u)(q)Single-trade inspection means any inspection 495 focused on a single construction trade, such as plumbing, 496 mechanical, or electrical. The term includes, but is not limited 497 to, inspections of door or window replacements; fences and block 498 walls more than 6 feet high from the top of the wall to the 499 bottom of the footing; stucco or plastering; reroofing with no 500 structural alteration; HVAC replacements; ductwork or fan 501 replacements; alteration or installation of wiring, lighting, 502 and service panels; water heater changeouts; sink replacements; 503 and repiping. 504 (v)(r)Site work means the portion of a construction 505 project that is not part of the building structure, including, 506 but not limited to, grading, excavation, landscape irrigation, 507 and installation of driveways. 508 (w)(s)Stop-work order means the issuance of any written 509 statement, written directive, or written order which states the 510 reason for the order and the conditions under which the cited 511 work will be permitted to resume. 512 (x)System of registration means the system used to 513 verify compliance with the licensure and insurance requirements 514 for a private provider firm under this chapter. 515 (2)(a)Notwithstanding any other law or local government 516 ordinance or local policy, the fee owner of a building or 517 structure, or the fee owners contractor upon written 518 authorization from the fee owner, may choose to use a private 519 provider to provide building code inspection services with 520 regard to such building or structure and may make payment 521 directly to the private provider for the provision of such 522 services. All such services shall be the subject of an agreement 523 a written contract between the private provider, or the private 524 providers firm, and the fee owner or the fee owners 525 contractor, upon written authorization of the fee owner. The fee 526 owner may elect to use a private provider to provide plans 527 review or required building inspections, or both. However, if 528 the fee owner or the fee owners contractor uses a private 529 provider to provide plans review, the local building official, 530 in his or her discretion and pursuant to duly adopted policies 531 of the local enforcement agency, may require the fee owner or 532 the fee owners contractor to use a private provider to also 533 provide required building inspections. 534 (b)If an owner or a contractor retains a private provider 535 for purposes of plans review or building inspection services, 536 the local jurisdiction must reduce the permit fee by the amount 537 of cost savings realized by the local enforcement agency for not 538 having to perform such services. Such reduction may be 539 calculated on a flat fee or percentage basis, or any other 540 reasonable means by which a local enforcement agency assesses 541 the cost for its plans review or inspection services. The 542 reduced permit fee may not exceed the cost incurred by the local 543 jurisdiction, including the labor cost of the personnel 544 providing such services, as well as the clerical and supervisory 545 assistance required to comply with this section. The local 546 jurisdiction may not charge any additional fees for building 547 inspections if the fee owner or contractor hires a private 548 provider to perform such services; however, the local 549 jurisdiction may charge a reasonable administrative fee, which 550 shall be based on the cost that is actually incurred, including 551 the labor cost of the personnel providing the service, by the 552 local jurisdiction or attributable to the local jurisdiction for 553 the clerical and supervisory assistance required, or both. 554 (c)If an owner or a contractor retains a private provider 555 for purposes of plans review or building inspection services, 556 the local jurisdiction must immediately provide equal access to 557 all permitting and inspection documents and reports to the 558 private provider, owner, and contractor if such access is 559 provided by software that protects exempt records from 560 disclosure. 561 (4)A fee owner or the fee owners contractor using a 562 private provider to provide building code inspection services 563 shall notify the local building official in writing at the time 564 of permit application, or by 2 p.m. local time, 2 business days 565 before the first scheduled inspection by the local building 566 official or building code enforcement agency that a private 567 provider has been contracted to perform the required inspections 568 of construction under this section, including single-trade 569 inspections, on a form to be adopted by the commission. This 570 notice shall include the following information: 571 (a)The services to be performed by the private provider. 572 (b)The name, firm, address, telephone number, and e-mail 573 address of each private provider who is performing or will 574 perform such services, his or her professional license or 575 certification number, qualification statements or resumes, and, 576 if required by the local building official, a certificate of 577 insurance demonstrating that professional liability insurance 578 coverage is in place for the private providers firm, the 579 private provider, and any duly authorized representative in the 580 amounts required by this section. 581 (c)An acknowledgment from the fee owner or the fee owners 582 contractor in substantially the following form: 583 584 I have elected to use one or more private providers to 585 provide building code plans review and/or inspection 586 services on the building or structure that is the 587 subject of the enclosed permit application, as 588 authorized by s. 553.791, Florida Statutes. I 589 understand that the local building official may not 590 review the plans submitted or perform the required 591 building inspections to determine compliance with the 592 applicable codes, except to the extent specified in 593 said law. Instead, plans review and/or required 594 building inspections will be performed by licensed or 595 certified personnel identified in the application. The 596 law requires minimum insurance requirements for such 597 personnel, but I understand that I may require more 598 insurance to protect my interests. By executing this 599 form, I acknowledge that I have made inquiry regarding 600 the competence of the licensed or certified personnel 601 and the level of their insurance and am satisfied that 602 my interests are adequately protected. I agree to 603 indemnify, defend, and hold harmless the local 604 government, the local building official, and their 605 building code enforcement personnel from any and all 606 claims arising from my use of these licensed or 607 certified personnel to perform building code 608 inspection services with respect to the building or 609 structure that is the subject of the enclosed permit 610 application. 611 612 If the fee owner or the fee owners contractor makes any changes 613 to the listed private providers or the services to be provided 614 by those private providers, the fee owner or the fee owners 615 contractor shall, within 1 business day after any change or 616 within 2 business days before the next scheduled inspection, 617 update the notice to reflect such changes. A change of a duly 618 authorized representative named in the permit application does 619 not require a revision of the permit, and the building code 620 enforcement agency shall not charge a fee for making the change. 621 (5)After construction has commenced and if the local 622 building official is unable to provide inspection services in a 623 timely manner, the fee owner or the fee owners contractor may 624 elect to use a private provider to provide inspection services 625 by notifying the local building official of the owners or 626 contractors intention to do so by 2 p.m. local time, 2 business 627 days before the next scheduled inspection using the notice 628 provided for in paragraphs (4)(a)-(c). 629 (7)(a)The local building official may not perform reviews 630 of plans, construction drawings, or any other related documents 631 determined by a private provider to be compliant with the 632 applicable codes No more than 20 business days after receipt of 633 a permit application and the affidavit from the private provider 634 required pursuant to subsection (6), the local building official 635 shall issue the requested permit or provide a written notice to 636 the permit applicant identifying the specific plan features that 637 do not comply with the applicable codes, as well as the specific 638 code chapters and sections. If the local building official does 639 not provide a written notice of the plan deficiencies within the 640 prescribed 20-day period, the permit application shall be deemed 641 approved as a matter of law, and the permit shall be issued by 642 the local building official on the next business day. 643 (b)The local building official may review other forms and 644 documents required under this section for completeness only. The 645 local building official must provide written notice of any 646 incomplete forms or documents required under this section no 647 later than 10 days after receipt of a permit application and an 648 affidavit from the private provider as required in subsection 649 (6). If the local building official does not provide the written 650 notice within the prescribed 10-day period, the permit shall be 651 deemed approved as a matter of law, and the local building 652 official must issue the permit on the next business day. 653 (c)If the local building official provides a written 654 notice of any incomplete forms or documents required under this 655 section at the time of plan submission plan deficiencies to the 656 permit applicant within the prescribed 10-day 20-day period, the 657 10-day 20-day period shall be tolled pending resolution of the 658 matter. To resolve the issues raised in the notice plan 659 deficiencies, the permit applicant may elect to dispute the 660 issues deficiencies pursuant to subsection (15) or to submit 661 revisions to correct the issues deficiencies. 662 (d)(c)If the permit applicant submits revisions, the local 663 building official has the remainder of the tolled 10-day 20-day 664 period plus 5 business days from the date of resubmittal to 665 issue the requested permit or to provide a second written notice 666 to the permit applicant stating which of the previously 667 identified forms or documents plan features remain incomplete in 668 noncompliance with the applicable codes, with specific reference 669 to the relevant code chapters and sections. Any subsequent 670 review by the local building official is limited to the issues 671 deficiencies cited in the original written notice. If the local 672 building official does not provide the second written notice 673 within the prescribed time period, the permit shall be deemed 674 approved as a matter of law, and the local building official 675 must issue the permit on the next business day. 676 (e)(d)If the local building official provides a second 677 written notice of plan deficiencies to the permit applicant 678 within the prescribed time period, the permit applicant may 679 elect to dispute the issues raised in the second notice pursuant 680 to subsection (15) deficiencies pursuant to subsection (15) or 681 to submit additional revisions to correct the issues 682 deficiencies. For all revisions submitted after the first 683 revision, the local building official has an additional 5 684 business days from the date of resubmittal to issue the 685 requested permit or to provide a written notice to the permit 686 applicant stating which of the previously identified forms or 687 documents plan features remain incomplete. in noncompliance If 688 the local building official does not provide the notice within 689 the prescribed time period, the permit shall be deemed approved 690 as a matter of law, and the local building official must issue 691 the permit on the next business day with the applicable codes, 692 with specific reference to the relevant code chapters and 693 sections. 694 (8)A private provider performing required inspections 695 under this section shall inspect each phase of construction as 696 required by the applicable codes. Such inspection may be 697 performed in-person or virtually. The private provider may have 698 a duly authorized representative perform the required 699 inspections, provided all required reports are prepared by and 700 bear the written or electronic signature of the private provider 701 or the private providers duly authorized representative. The 702 duly authorized representative must be managed by an employee of 703 the private provider and be entitled to receive reemployment 704 assistance benefits under chapter 443. The contractors 705 contractual or legal obligations are not relieved by any action 706 of the private provider. 707 (9)A private provider performing required inspections 708 under this section shall provide notice to the local building 709 official of the approximate date and time of any such 710 inspection. The local building official may not prohibit the 711 private provider from performing any inspection outside the 712 local building officials normal operating hours, including 713 after hours, weekends, or holidays. The local building official 714 may visit the building site as often as necessary to verify that 715 the private provider is performing all required inspections. A 716 deficiency notice must be posted by the private provider, or the 717 duly authorized representative of the private provider, or the 718 building department whenever a noncomplying item related to the 719 building code or the permitted documents is found. Such notice 720 may be physically posted at the job site or electronically 721 posted. After corrections are made, the item must be reinspected 722 by the private provider or its representative before being 723 concealed. Reinspection or reaudit fees shall not be charged by 724 The local jurisdiction may not charge any fees related to the 725 reinspection or any other administrative matter related to the 726 reinspection. The local building official may not visit the job 727 site without written approval from the private provider as a 728 result of the local jurisdictions audit inspection occurring 729 before the performance of the private providers inspection or 730 for any other administrative matter not involving the detection 731 of a violation of the building code or a permit requirement. 732 (10)A local building official is not responsible for the 733 regulatory administration or supervision of building code 734 inspection services performed by a private provider hired by a 735 fee owner or a fee owners contractor. A private provider who 736 is, or a private provider firm that employs a person licensed 737 as, a building code administrator under part XII of chapter 468, 738 shall serve as the local building official with respect to such 739 building code inspection services. Such individuals and entities 740 shall be vested with the authority of a local building official 741 with respect to such services, including, without limitation, 742 the authority to ensure compliance with applicable laws, rules, 743 regulations, and codes; the authority to communicate and 744 interact directly with public or government building officials 745 and utility and other service providers; the authority to submit 746 forms and documents to such officials and entities and to 747 authorize the connection and disconnection of utility services; 748 and the authority to otherwise take all actions that permit or 749 require action or authorization of a building official under 750 applicable laws, rules, regulations, and codes. The local 751 building official may not interfere with the actions or 752 activities of such individuals and entities in the performance 753 of such actions. Verification of licensure and insurance 754 requirements for a private provider firms duly authorized 755 representative is the responsibility of the private provider 756 firms management, and the local building official is not 757 required to verify compliance or store information related to 758 such verification. If the private provider is a person licensed 759 as an engineer under chapter 471 or an architect under chapter 760 481 and affixes his or her professional seal to the affidavit 761 required under subsection (6), the local building official must 762 issue the requested permit or provide a written notice to the 763 permit applicant identifying the specific plan features that do 764 not comply with the applicable codes, as well as the specific 765 code chapters and sections, within 10 business days after 766 receipt of the permit application and affidavit. In such written 767 notice, the local building official must provide with 768 specificity the plans deficiencies, the reasons the permit 769 application failed, and the applicable codes being violated. If 770 the local building official does not provide specific written 771 notice to the permit applicant within the prescribed 10-day 772 period, the permit application is deemed approved as a matter of 773 law, and the local building official must issue the permit on 774 the next business day. 775 (11)If equipment replacements and repairs must be 776 performed in an emergency situation, subject to the emergency 777 permitting provisions of the Florida Building Code, a private 778 provider may perform emergency inspection services without first 779 notifying the local building official pursuant to subsection 780 (9). A private provider must conduct the inspection within 3 781 business days after being contacted to conduct an emergency 782 inspection and must submit the inspection report to the local 783 building official within 1 day after the inspection is 784 completed. 785 (12)Upon completing the required inspections at each 786 applicable phase of construction, the private provider shall 787 record such inspections on a form provided by the commission 788 acceptable to the local building official. The form must bear 789 the written or electronic signature of the private provider or 790 the private providers duly authorized representative. These 791 inspection records must shall reflect those inspections required 792 by the applicable codes of each phase of construction for which 793 permitting by a local enforcement agency is required. The 794 private provider, upon completion of the required inspection, 795 shall post each completed inspection record, indicating pass or 796 fail, and provide the record to the local building official 797 within 4 2 business days. Such inspection record may be 798 electronically posted by the private provider, or the private 799 provider may post such inspection record physically at the 800 project site. The private provider may electronically transmit 801 the record to the local building official. The private provider 802 is not required to upload notices or inspection results to any 803 website or portal. The local building official may waive the 804 requirement to provide a record of each inspection within 4 2 805 business days if the record is electronically posted or posted 806 at the project site and all such inspection records are 807 submitted with the certificate of compliance. Unless the records 808 have been electronically posted, records of all required and 809 completed inspections shall be maintained at the building site 810 at all times and made available for review by the local building 811 official. The private provider shall report to the local 812 enforcement agency any condition that poses an immediate threat 813 to public safety and welfare. 814 (13)Upon completion of all required inspections, the 815 private provider shall prepare a certificate of compliance, on a 816 form provided by the commission acceptable to the local building 817 official, summarizing the inspections performed and including a 818 written representation, under oath, that the stated inspections 819 have been performed and that, to the best of the private 820 providers knowledge and belief, the building construction 821 inspected complies with the approved plans and applicable codes. 822 The statement required of the private provider shall be 823 substantially in the following form and shall be signed and 824 sealed by a private provider as established in subsection (1) or 825 may be electronically transmitted to the local building 826 official: 827 828 To the best of my knowledge and belief, the building 829 components and site improvements outlined herein and 830 inspected under my authority have been completed in 831 conformance with the approved plans and the applicable 832 codes. 833 834 (14)(a)The local building official may not perform 835 building inspections of construction that a private provider has 836 determined to be compliant with the applicable codes. The local 837 building official may review forms and documents required under 838 this section for completeness only. No more than 10 business 839 days, or if the permit is related to single-family or two-family 840 dwellings then no more than 2 business days, after receipt of a 841 request for a certificate of occupancy or certificate of 842 completion and the applicants presentation of a certificate of 843 compliance and approval of all other government approvals 844 required by law, including the payment of all outstanding fees, 845 the local building official shall issue the certificate of 846 occupancy or certificate of completion or provide a notice to 847 the applicant of any incomplete forms or documents required 848 under this section identifying the specific deficiencies, as 849 well as the specific code chapters and sections. 850 (b)If the local building official does not provide notice 851 of any incomplete forms or documents the deficiencies within the 852 applicable time periods under paragraph (a), the request for a 853 certificate of occupancy or certificate of completion is 854 automatically granted and deemed issued as of the next business 855 day. The local building official must provide the applicant with 856 the written certificate of occupancy or certificate of 857 completion within 2 10 days after it is automatically granted 858 and issued. To resolve any identified issues deficiencies, the 859 applicant may elect to dispute the issues deficiencies pursuant 860 to subsection (15) or to submit a corrected request for a 861 certificate of occupancy or certificate of completion. 862 (15)If the local building official determines that any 863 forms or documents required under this section are incomplete 864 the building construction or plans do not comply with the 865 applicable codes, the official may deny the permit or request 866 for a certificate of occupancy or certificate of completion, as 867 appropriate, or may issue a stop-work order for the project or 868 any portion thereof as provided by law, if the official 869 determines that the noncompliance poses an immediate threat to 870 public safety and welfare, subject to the following: 871 (a)The local building official shall be available to meet 872 with the private provider within 2 business days to resolve any 873 dispute after issuing a stop-work order or providing notice to 874 the applicant denying a permit or request for a certificate of 875 occupancy or certificate of completion. 876 (b)If the local building official and private provider are 877 unable to resolve the dispute, the matter shall be referred to 878 the local enforcement agencys board of appeals, if one exists, 879 which shall consider the matter at its next scheduled meeting or 880 sooner. Any decisions by the local enforcement agencys board of 881 appeals, or local building official if there is no board of 882 appeals, may be appealed to the commission as provided by this 883 chapter. 884 (c)Notwithstanding any provision of this section, any 885 decisions regarding the issuance of a building permit, 886 certificate of occupancy, or certificate of completion may be 887 reviewed by the local enforcement agencys board of appeals, if 888 one exists. Any decision by the local enforcement agencys board 889 of appeals, or local building official if there is no board of 890 appeals, may be appealed to the commission as provided by this 891 chapter, which shall consider the matter at the commissions 892 next scheduled meeting. 893 (17) 894 (b)A local enforcement agency, local building official, or 895 local government may establish, for private providers and, 896 private provider firms, and duly authorized representatives 897 working within that jurisdiction, a system of registration to 898 verify compliance with the licensure requirements of paragraph 899 (1)(r) paragraph (1)(n) and the insurance requirements of 900 subsection (18). 901 (c)This section does not limit the authority of the local 902 building official to issue a stop-work order for a building 903 project or any portion of the project, as provided by law, if 904 the official determines that a condition on the building site 905 constitutes an immediate threat to public safety and welfare, 906 provided such orders are in strict compliance with the 907 deficiency notice provisions of subsection (9). 908 (20)A local building code enforcement agency may not audit 909 the performance of building code inspection services by private 910 providers operating within the local jurisdiction until the 911 agency has created standard operating private provider audit 912 procedures for the agencys internal inspection and review 913 staff, which includes, at a minimum, the private provider audit 914 purpose and scope, private provider audit criteria, an 915 explanation of private provider audit processes and objections, 916 and detailed findings of areas of noncompliance. Such private 917 provider audit procedures must be publicly available online, and 918 a printed version must be readily accessible in agency 919 buildings. The private provider audit results of staff for the 920 prior two quarters also must be publicly available. The agencys 921 audit processes must adhere to the agencys posted standard 922 operating audit procedures. The same private provider or private 923 provider firm may not be audited more than four times in a year. 924 The private provider or private provider firm must be given 925 notice of each audit to be performed within 5 business days 926 before the audit unless the local building official determines a 927 condition of a building constitutes an immediate threat to 928 public safety and welfare, which must be communicated in writing 929 to the private provider or private provider firm. Work on a 930 building or structure may proceed after inspection and approval 931 by a private provider. The work may not be delayed for 932 completion of an inspection audit by the local building code 933 enforcement agency. 934 (21)The local government, the local building official, and 935 their building code enforcement personnel shall be immune from 936 liability to any person or party for any action or inaction by a 937 fee owner of a building, or by a private provider or its duly 938 authorized representative, in connection with building code 939 inspection services as authorized in this act. The local 940 government, the local building official, and their building code 941 enforcement personnel may not prohibit or discourage the use of 942 a private provider or a private provider firm. A local 943 government, a local building official, and their building code 944 enforcement personnel are not immune from liability or judicial 945 action related to violations of this section or their 946 obligations under applicable codes, including, without 947 limitation, interference with, disparagement of, or failure to 948 recognize the authority vested in private providers. 949 Notwithstanding any other available remedies, any person or 950 party, in an individual capacity or on behalf of a class of 951 persons or parties, may bring and maintain actions for damages, 952 declaratory and injunctive relief, and the issuance of 953 extraordinary writs for violations of this subsection. 954 (22)A private provider licensed as a building code 955 administrator under chapter 468 shall serve as the local 956 building official with respect to the building code inspection 957 services it has been hired to perform by the fee owner or the 958 owners contractor. Such private providers may issue building 959 permits. All information from the private provider, including, 960 but not limited to, building permits, inspection information, 961 and drawings, must be provided to the property appraiser for the 962 county or the jurisdiction. Drawings must be delivered in their 963 original electronic format. Permits must be made publicly 964 available, and the status of the permits must be made available 965 on the Private Provider Association of Florida website so that 966 code enforcement and other agencies and private entities may see 967 their status. The Private Provider Association of Florida, or a 968 similar nonprofit association, may require a fee or subscription 969 to upload the information to its site or to use an applications 970 programming interface. The private provider shall update such 971 information within 2 business days after issuing a permit or a 972 status change. 973 (23)The format of the permit must meet a recognized and 974 approved standard, as prescribed by this section, for use by 975 private providers. Private provider permits must include space 976 for acknowledgement of review and acceptance of the following: 977 (a)The application. 978 (b)Licensing. 979 (c)The notice of commencement. 980 (d)The plan review. 981 (e)Required inspections. 982 (f)The following lists of inspections: 983 1.Building. 984 2.Electric. 985 3.Mechanical. 986 4.Plumbing. 987 (g)Permitting inspection. 988 (h)The placard card. 989 (i)The blower door test. 990 (j)The insulation certificate. 991 (k)The termite treatment certificate. 992 (l)The power release. 993 (m)The certificate of occupancy or certificate of 994 completion. 995 (24)(22)Notwithstanding any other law, a county, a 996 municipality, a school district, or an independent special 997 district may use a private provider or a private provider firm 998 to provide building code inspection services for a public works 999 project, an improvement, a building, or any other structure that 1000 is owned by the county, municipality, school district, or 1001 independent special district. 1002 1003 It is the intent of the Legislature to provide permit applicants 1004 with a consistent and efficient user experience. The permitting 1005 process must be universally adopted as a standard for this 1006 state. Local building officials and local governments may not 1007 adopt, create, or use any form that is inconsistent with any 1008 applicable law, rule, or form of this state. The use of custom 1009 procedures or standards is prohibited. The commission shall 1010 implement the permitting process and may review it once every 3 1011 years thereafter for consistency and relevance. 1012 Section 4.For the purpose of incorporating the amendment 1013 made by this act to section 468.605, Florida Statutes, in a 1014 reference thereto, subsection (6) of section 633.216, Florida 1015 Statutes, is reenacted to read: 1016 633.216Inspection of buildings and equipment; orders; 1017 firesafety inspection training requirements; certification; 1018 disciplinary action.The State Fire Marshal and her or his 1019 agents or persons authorized to enforce laws and rules of the 1020 State Fire Marshal shall, at any reasonable hour, when the State 1021 Fire Marshal has reasonable cause to believe that a violation of 1022 this chapter or s. 509.215, or a rule adopted thereunder, or a 1023 minimum firesafety code adopted by the State Fire Marshal or a 1024 local authority, may exist, inspect any and all buildings and 1025 structures which are subject to the requirements of this chapter 1026 or s. 509.215 and rules adopted thereunder. The authority to 1027 inspect shall extend to all equipment, vehicles, and chemicals 1028 which are located on or within the premises of any such building 1029 or structure. 1030 (6)The division and the Florida Building Code 1031 Administrators and Inspectors Board, established pursuant to s. 1032 468.605, shall enter into a reciprocity agreement to facilitate 1033 joint recognition of continuing education recertification hours 1034 for certificateholders licensed under s. 468.609 and firesafety 1035 inspectors certified under subsection (2). 1036 Section 5.For the purpose of incorporating the amendment 1037 made by this act to section 553.791, Florida Statutes, in a 1038 reference thereto, paragraph (c) of subsection (1) of section 1039 177.073, Florida Statutes, is reenacted to read: 1040 177.073Expedited approval of residential building permits 1041 before a final plat is recorded. 1042 (1)As used in this section, the term: 1043 (c)Local building official has the same meaning as in s. 1044 553.791(1). 1045 Section 6.For the purpose of incorporating the amendment 1046 made by this act to section 553.791, Florida Statutes, in a 1047 reference thereto, subsection (9) of section 468.603, Florida 1048 Statutes, is reenacted to read: 1049 468.603Definitions.As used in this part: 1050 (9)Private provider has the same meaning as in s. 1051 553.791(1). 1052 Section 7.For the purpose of incorporating the amendment 1053 made by this act to section 553.791, Florida Statutes, in 1054 references thereto, paragraphs (i) and (j) of subsection (1) of 1055 section 468.621, Florida Statutes, are reenacted to read: 1056 468.621Disciplinary proceedings. 1057 (1)The following acts constitute grounds for which the 1058 disciplinary actions in subsection (2) may be taken: 1059 (i)Failing to lawfully execute the duties and 1060 responsibilities specified in this part and ss. 553.73, 553.781, 1061 553.79, and 553.791. 1062 (j)Performing building code inspection services under s. 1063 553.791 without satisfying the insurance requirements of that 1064 section. 1065 Section 8.For the purpose of incorporating the amendment 1066 made by this act to section 553.791, Florida Statutes, in a 1067 reference thereto, paragraph (l) of subsection (1) of section 1068 471.033, Florida Statutes, is reenacted to read: 1069 471.033Disciplinary proceedings. 1070 (1)The following acts constitute grounds for which the 1071 disciplinary actions in subsection (3) may be taken: 1072 (l)Performing building code inspection services under s. 1073 553.791, without satisfying the insurance requirements of that 1074 section. 1075 Section 9.For the purpose of incorporating the amendment 1076 made by this act to section 553.791, Florida Statutes, in a 1077 reference thereto, paragraph (l) of subsection (1) of section 1078 481.225, Florida Statutes, is reenacted to read: 1079 481.225Disciplinary proceedings against registered 1080 architects. 1081 (1)The following acts constitute grounds for which the 1082 disciplinary actions in subsection (3) may be taken: 1083 (l)Performing building code inspection services under s. 1084 553.791, without satisfying the insurance requirements of that 1085 section. 1086 Section 10.For the purpose of incorporating the amendment 1087 made by this act to section 553.791, Florida Statutes, in a 1088 reference thereto, subsection (11) of section 553.79, Florida 1089 Statutes, is reenacted to read: 1090 553.79Permits; applications; issuance; inspections. 1091 (11)Any state agency whose enabling legislation authorizes 1092 it to enforce provisions of the Florida Building Code may enter 1093 into an agreement with any other unit of government to delegate 1094 its responsibility to enforce those provisions and may expend 1095 public funds for permit and inspection fees, which fees may be 1096 no greater than the fees charged others. Inspection services 1097 that are not required to be performed by a state agency under a 1098 federal delegation of responsibility or by a state agency under 1099 the Florida Building Code must be performed under the 1100 alternative plans review and inspection process created in s. 1101 553.791 or by a local governmental entity having authority to 1102 enforce the Florida Building Code. 1103 Section 11.For the purpose of incorporating the amendment 1104 made by this act to section 553.791, Florida Statutes, in a 1105 reference thereto, paragraph (a) of subsection (7) of section 1106 553.80, Florida Statutes, is reenacted to read: 1107 553.80Enforcement. 1108 (7)(a)The governing bodies of local governments may 1109 provide a schedule of reasonable fees, as authorized by s. 1110 125.56(2) or s. 166.222 and this section, for enforcing this 1111 part. These fees, and any fines or investment earnings related 1112 to the fees, may only be used for carrying out the local 1113 governments responsibilities in enforcing the Florida Building 1114 Code. When providing a schedule of reasonable fees, the total 1115 estimated annual revenue derived from fees, and the fines and 1116 investment earnings related to the fees, may not exceed the 1117 total estimated annual costs of allowable activities. Any 1118 unexpended balances must be carried forward to future years for 1119 allowable activities or must be refunded at the discretion of 1120 the local government. A local government may not carry forward 1121 an amount exceeding the average of its operating budget for 1122 enforcing the Florida Building Code for the previous 4 fiscal 1123 years. For purposes of this subsection, the term operating 1124 budget does not include reserve amounts. Any amount exceeding 1125 this limit must be used as authorized in subparagraph 2. 1126 However, a local government that established, as of January 1, 1127 2019, a Building Inspections Fund Advisory Board consisting of 1128 five members from the construction stakeholder community and 1129 carries an unexpended balance in excess of the average of its 1130 operating budget for the previous 4 fiscal years may continue to 1131 carry such excess funds forward upon the recommendation of the 1132 advisory board. The basis for a fee structure for allowable 1133 activities must relate to the level of service provided by the 1134 local government and must include consideration for refunding 1135 fees due to reduced services based on services provided as 1136 prescribed by s. 553.791, but not provided by the local 1137 government. Fees charged must be consistently applied. 1138 1.As used in this subsection, the phrase enforcing the 1139 Florida Building Code includes the direct costs and reasonable 1140 indirect costs associated with review of building plans, 1141 building inspections, reinspections, and building permit 1142 processing; building code enforcement; and fire inspections 1143 associated with new construction. The phrase may also include 1144 training costs associated with the enforcement of the Florida 1145 Building Code and enforcement action pertaining to unlicensed 1146 contractor activity to the extent not funded by other user fees. 1147 2.A local government must use any excess funds that it is 1148 prohibited from carrying forward to rebate and reduce fees, to 1149 upgrade technology hardware and software systems to enhance 1150 service delivery, to pay for the construction of a building or 1151 structure that houses a local governments building code 1152 enforcement agency, or for training programs for building 1153 officials, inspectors, or plans examiners associated with the 1154 enforcement of the Florida Building Code. Excess funds used to 1155 construct such a building or structure must be designated for 1156 such purpose by the local government and may not be carried 1157 forward for more than 4 consecutive years. An owner or builder 1158 who has a valid building permit issued by a local government for 1159 a fee, or an association of owners or builders located in the 1160 state that has members with valid building permits issued by a 1161 local government for a fee, may bring a civil action against the 1162 local government that issued the permit for a fee to enforce 1163 this subparagraph. 1164 3.The following activities may not be funded with fees 1165 adopted for enforcing the Florida Building Code: 1166 a.Planning and zoning or other general government 1167 activities. 1168 b.Inspections of public buildings for a reduced fee or no 1169 fee. 1170 c.Public information requests, community functions, 1171 boards, and any program not directly related to enforcement of 1172 the Florida Building Code. 1173 d.Enforcement and implementation of any other local 1174 ordinance, excluding validly adopted local amendments to the 1175 Florida Building Code and excluding any local ordinance directly 1176 related to enforcing the Florida Building Code as defined in 1177 subparagraph 1. 1178 4.A local government must use recognized management, 1179 accounting, and oversight practices to ensure that fees, fines, 1180 and investment earnings generated under this subsection are 1181 maintained and allocated or used solely for the purposes 1182 described in subparagraph 1. 1183 5.The local enforcement agency, independent district, or 1184 special district may not require at any time, including at the 1185 time of application for a permit, the payment of any additional 1186 fees, charges, or expenses associated with: 1187 a.Providing proof of licensure under chapter 489; 1188 b.Recording or filing a license issued under this chapter; 1189 c.Providing, recording, or filing evidence of workers 1190 compensation insurance coverage as required by chapter 440; or 1191 d.Charging surcharges or other similar fees not directly 1192 related to enforcing the Florida Building Code. 1193 Section 12.This act shall take effect July 1, 2025.