Bill Text: FL S0580 | 2011 | Regular Session | Comm Sub

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Bill Title: Residential Building Permits

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 631 [S0580 Detail]

Download: Florida-2011-S0580-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 580
       
       
       
       By the Committee on Community Affairs; and Senator Oelrich
       
       
       
       
       578-03775A-11                                          2011580c1
    1                        A bill to be entitled                      
    2         An act relating to residential building permits;
    3         amending s. 553.79, F.S.; prohibiting local
    4         enforcement agencies and building code officials or
    5         entities from requiring certain inspections of
    6         buildings, structures, or real property as a condition
    7         of issuance of certain residential building permits;
    8         providing certain exceptions to the application of the
    9         act; providing for expiration of the act following an
   10         amendment to the Florida Building Code by the Florida
   11         Building Commission which incorporates the provisions
   12         of the act; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (17) is added to section 553.79,
   17  Florida Statutes, to read:
   18         553.79 Permits; applications; issuance; inspections.—
   19         (17)(a) A local enforcement agency, and any local building
   20  code administrator, inspector, or other official or entity, may
   21  not require as a condition of issuance of a one- or two-family
   22  residential building permit the inspection of any portion of a
   23  building, structure, or real property that is not directly
   24  impacted by the construction, erection, alteration,
   25  modification, repair, or demolition of the building, structure,
   26  or real property for which the permit is sought.
   27         (b) This subsection does not apply to a building permit
   28  sought for:
   29         1. A substantial improvement as defined in s. 161.54 or as
   30  defined in the Florida Building Code.
   31         2. A change of occupancy as defined in the Florida Building
   32  Code.
   33         3. A conversion from residential to nonresidential or mixed
   34  use pursuant to s. 553.507(2)(a) or as defined in the Florida
   35  Building Code.
   36         4. An historic building as defined in the Florida Building
   37  Code.
   38         (c) This subsection does not prohibit a local enforcement
   39  agency, or any local building code administrator, inspector, or
   40  other official or entity, from:
   41         1. Citing any violation inadvertently observed in plain
   42  view during the ordinary course of an inspection conducted in
   43  accordance with the prohibition in paragraph (a).
   44         2. Inspecting a physically nonadjacent portion of a
   45  building, structure, or real property that is directly impacted
   46  by the construction, erection, alteration, modification, repair,
   47  or demolition of the building, structure, or real property for
   48  which the permit is sought in accordance with the prohibition in
   49  paragraph (a).
   50         3. Inspecting any portion of a building, structure, or real
   51  property for which the owner or other person having control of
   52  the building, structure, or real property has voluntarily
   53  consented to the inspection of that portion of the building,
   54  structure, or real property in accordance with the prohibition
   55  in paragraph (a).
   56         4. Inspecting any portion of a building, structure, or real
   57  property pursuant to an inspection warrant issued in accordance
   58  with ss. 933.20-933.30.
   59         (d) This subsection expires upon receipt by the Secretary
   60  of State of the written certification by the chair of the
   61  Florida Building Commission that the commission has adopted an
   62  amendment to the Florida Building Code which substantially
   63  incorporates this subsection, including the prohibition in
   64  paragraph (a), as part of the code and such amendment has taken
   65  effect.
   66         Section 2. This act shall take effect July 1, 2012.