Bill Text: FL S0902 | 2019 | Regular Session | Comm Sub
Bill Title: Building Permits
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 447 (Ch. 2019-75) [S0902 Detail]
Download: Florida-2019-S0902-Comm_Sub.html
Florida Senate - 2019 CS for SB 902 By the Committee on Rules; and Senators Perry, Hutson, and Bracy 595-04575-19 2019902c1 1 A bill to be entitled 2 An act relating to building permits; amending s. 3 125.56, F.S.; authorizing counties to provide notice 4 to certain persons under certain circumstances; 5 authorizing counties that issue building permits to 6 charge a person a single search fee for a certain 7 amount under certain circumstances; amending s. 8 166.222, F.S.; authorizing the governing bodies of 9 municipalities to charge a person a single search fee 10 for a certain amount under certain circumstances; to 11 charge a person one search fee for a certain amount 12 under certain circumstances; amending ss. 489.103 and 13 489.503, F.S.; providing exemptions to certain 14 contracting requirements; revising forms for 15 disclosure statements; amending s. 553.79, F.S.; 16 authorizing a local government to provide notice to 17 certain persons under certain circumstances within a 18 specified timeframe; authorizing a property owner to 19 close a permit under certain circumstances; providing 20 that a contractor is not liable for work performed in 21 certain circumstances; defining the term “close”; 22 authorizing a local enforcement agency to close a 23 permit under certain circumstances; prohibiting a 24 local enforcement agency from taking certain actions 25 relating to building permits that were applied for but 26 not closed by a previous owner; providing that local 27 enforcement agencies retain all rights and remedies 28 against the property owner and contractor listed on 29 such a permit; amending s. 553.80, F.S.; authorizing 30 the governing body of a local government to charge a 31 person a single search fee one search fee for a 32 certain amount under certain circumstances; amending 33 s. 440.103, F.S.; conforming a cross-reference; 34 providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraphs (c) and (d) are added to subsection 39 (4) of section 125.56, Florida Statutes, to read: 40 125.56 Enforcement and amendment of the Florida Building 41 Code and the Florida Fire Prevention Code; inspection fees; 42 inspectors; etc.— 43 (4) 44 (c) A county that issues building permits may send a 45 written notice of expiration, by e-mail or United States Postal 46 Service, to the owner of the property and the contractor listed 47 on the permit, no less than 30 days before a building permit is 48 set to expire. The written notice must identify the permit that 49 is set to expire and the date the permit will expire. 50 (d) A county that issues building permits may charge a 51 person only one search fee, in an amount commensurate with the 52 research and time costs incurred by the county, for identifying 53 building permits for each unit or subunit assigned by the county 54 to a particular tax parcel identification number. 55 Section 2. Section 166.222, Florida Statutes, is amended to 56 read: 57 166.222 Building code inspection fees.— 58 (1) The governing body of a municipality may provide a 59 schedule of reasonable inspection fees in order to defer the 60 costs of inspection and enforcement of the provisions of its 61 building code. 62 (2) The governing body of a municipality that issues 63 building permits may charge a person only one search fee, in an 64 amount commensurate with the research and time costs incurred by 65 the governing body, for identifying building permits for each 66 unit or subunit assigned by the governing body to a particular 67 tax parcel identification number. 68 Section 3. Paragraphs (a) and (c) of subsection (7) of 69 section 489.103, Florida Statutes, are amended to read: 70 489.103 Exemptions.—This part does not apply to: 71 (7)(a) Owners of property when acting as their own 72 contractor and providing direct, onsite supervision themselves 73 of all work not performed by licensed contractors: 74 1. When building or improving farm outbuildings or one 75 family or two-family residences on such property for the 76 occupancy or use of such owners and not offered for sale or 77 lease, or building or improving commercial buildings, at a cost 78 not to exceed $75,000, on such property for the occupancy or use 79 of such owners and not offered for sale or lease. In an action 80 brought under this part, proof of the sale or lease, or offering 81 for sale or lease, of any such structure by the owner-builder 82 within 1 year after completion of same creates a presumption 83 that the construction was undertaken for purposes of sale or 84 lease. 85 2. When repairing or replacing wood shakes or asphalt or 86 fiberglass shingles on one-family, two-family, or three-family 87 residences for the occupancy or use of such owner or tenant of 88 the owner and not offered for sale within 1 year after 89 completion of the work and when the property has been damaged by 90 natural causes from an event recognized as an emergency 91 situation designated by executive order issued by the Governor 92 declaring the existence of a state of emergency as a result and 93 consequence of a serious threat posed to the public health, 94 safety, and property in this state. 95 3. When installing, uninstalling, or replacing solar panels 96 on one-family, two-family, or three-family residences, and the 97 local permitting agency’s county or municipal government is 98 participating in a “United States Department of Energy SunShot 99 Initiative: Rooftop Solar Challenge” grant. However, an owner 100 must utilize a licensed electrical contractor to effectuate the 101 wiring of the solar panels, including any interconnection to the 102 customer’s residential electrical wiring. The limitations of 103 this exemption shall be expressly stated in the building permit 104 approved and issued by the permitting agency for such project. 105 4. When completing the requirements of a building permit, 106 where the contractor listed on the permit substantially 107 completed the project as determined by the local permitting 108 agency, for a one-family or two-family residence, townhome, or 109 an accessory structure of a one-family or two-family residence 110 or townhome or an individual residential condominium unit or 111 cooperative unit. Prior to qualifying for the exemption, the 112 owner must receive approval from the local permitting agency, 113 and the local permitting agency must determine that the 114 contractor listed on the permit substantially completed the 115 project. An owner who qualifies for the exemption under this 116 subparagraph is not required to occupy the dwelling or unit for 117 at least 1 year after the completion of the project. 118 (c) To qualify for exemption under this subsection, an 119 owner must personally appear and sign the building permit 120 application and must satisfy local permitting agency 121 requirements, if any, proving that the owner has a complete 122 understanding of the owner’s obligations under the law as 123 specified in the disclosure statement in this section. However, 124 for purposes of implementing a “United States Department of 125 Energy SunShot Initiative: Rooftop Solar Challenge” grant and 126 the participation of county and municipal governments, including 127 local permitting agencies under the jurisdiction of such county 128 and municipal governments, an owner’s notarized signature or 129 personal appearance to sign the permit application is not 130 required for a solar project, as described in subparagraph 131 (a)3., if the building permit application is submitted 132 electronically to the permitting agency and the owner certifies 133 the application and disclosure statement using the permitting 134 agency’s electronic confirmation system. If any person violates 135 the requirements of this subsection, the local permitting agency 136 shall withhold final approval, revoke the permit, or pursue any 137 action or remedy for unlicensed activity against the owner and 138 any person performing work that requires licensure under the 139 permit issued. The local permitting agency shall provide the 140 person with a disclosure statement in substantially the 141 following form: 142 143 DISCLOSURE STATEMENT 144 145 1. I understand that state law requires construction 146 to be done by a licensed contractor and have applied 147 for an owner-builder permit under an exemption from 148 the law. The exemption specifies that I, as the owner 149 of the property listed, may act as my own contractor 150 with certain restrictions even though I do not have a 151 license. 152 153 2. I understand that building permits are not required 154 to be signed by a property owner unless he or she is 155 responsible for the construction and is not hiring a 156 licensed contractor to assume responsibility. 157 158 3. I understand that, as an owner-builder, I am the 159 responsible party of record on a permit. I understand 160 that I may protect myself from potential financial 161 risk by hiring a licensed contractor and having the 162 permit filed in his or her name instead of my own 163 name. I also understand that a contractor is required 164 by law to be licensed in Florida and to list his or 165 her license numbers on permits and contracts. 166 167 4. I understand that I may build or improve a one 168 family or two-family residence or a farm outbuilding. 169 I may also build or improve a commercial building if 170 the costs do not exceed $75,000. The building or 171 residence must be for my own use or occupancy. It may 172 not be built or substantially improved for sale or 173 lease, unless I am completing the requirements of a 174 building permit where the contractor listed on the 175 permit substantially completed the project. If a 176 building or residence that I have built or 177 substantially improved myself is sold or leased within 178 1 year after the construction is complete, the law 179 will presume that I built or substantially improved it 180 for sale or lease, which violates the exemption. 181 182 5. I understand that, as the owner-builder, I must 183 provide direct, onsite supervision of the 184 construction. 185 186 6. I understand that I may not hire an unlicensed 187 person to act as my contractor or to supervise persons 188 working on my building or residence. It is my 189 responsibility to ensure that the persons whom I 190 employ have the licenses required by law and by county 191 or municipal ordinance. 192 193 7. I understand that it is a frequent practice of 194 unlicensed persons to have the property owner obtain 195 an owner-builder permit that erroneously implies that 196 the property owner is providing his or her own labor 197 and materials. I, as an owner-builder, may be held 198 liable and subjected to serious financial risk for any 199 injuries sustained by an unlicensed person or his or 200 her employees while working on my property. My 201 homeowner’s insurance may not provide coverage for 202 those injuries. I am willfully acting as an owner 203 builder and am aware of the limits of my insurance 204 coverage for injuries to workers on my property. 205 206 8. I understand that I may not delegate the 207 responsibility for supervising work to a licensed 208 contractor who is not licensed to perform the work 209 being done. Any person working on my building who is 210 not licensed must work under my direct supervision and 211 must be employed by me, which means that I must comply 212 with laws requiring the withholding of federal income 213 tax and social security contributions under the 214 Federal Insurance Contributions Act (FICA) and must 215 provide workers’ compensation for the employee. I 216 understand that my failure to follow these laws may 217 subject me to serious financial risk. 218 219 9. I agree that, as the party legally and financially 220 responsible for this proposed construction activity, I 221 will abide by all applicable laws and requirements 222 that govern owner-builders as well as employers. I 223 also understand that the construction must comply with 224 all applicable laws, ordinances, building codes, and 225 zoning regulations. 226 227 10. I understand that I may obtain more information 228 regarding my obligations as an employer from the 229 Internal Revenue Service, the United States Small 230 Business Administration, the Florida Department of 231 Financial Services, and the Florida Department of 232 Revenue. I also understand that I may contact the 233 Florida Construction Industry Licensing Board at 234 ...(telephone number)... or ...(Internet website 235 address)... for more information about licensed 236 contractors. 237 238 11. I am aware of, and consent to, an owner-builder 239 building permit applied for in my name and understand 240 that I am the party legally and financially 241 responsible for the proposed construction activity at 242 the following address: ...(address of property).... 243 244 12. I agree to notify ...(issuer of disclosure 245 statements)... immediately of any additions, 246 deletions, or changes to any of the information that I 247 have provided on this disclosure. 248 249 Licensed contractors are regulated by laws designed to 250 protect the public. If you contract with a person who 251 does not have a license, the Construction Industry 252 Licensing Board and Department of Business and 253 Professional Regulation may be unable to assist you 254 with any financial loss that you sustain as a result 255 of a complaint. Your only remedy against an unlicensed 256 contractor may be in civil court. It is also important 257 for you to understand that, if an unlicensed 258 contractor or employee of an individual or firm is 259 injured while working on your property, you may be 260 held liable for damages. If you obtain an owner 261 builder permit and wish to hire a licensed contractor, 262 you will be responsible for verifying whether the 263 contractor is properly licensed and the status of the 264 contractor’s workers’ compensation coverage. 265 266 Before a building permit can be issued, this 267 disclosure statement must be completed and signed by 268 the property owner and returned to the local 269 permitting agency responsible for issuing the permit. 270 A copy of the property owner’s driver license, the 271 notarized signature of the property owner, or other 272 type of verification acceptable to the local 273 permitting agency is required when the permit is 274 issued. 275 276 Signature: ...(signature of property owner).... 277 Date: ...(date).... 278 Section 4. Subsection (6) of section 489.503, Florida 279 Statutes, is amended to read: 280 489.503 Exemptions.—This part does not apply to: 281 (6)(a) An owner of property making application for permit, 282 supervising, and doing the work in connection with the 283 construction, maintenance, repair, and alteration of and 284 addition to a single-family or duplex residence for his or her 285 own use and occupancy and not intended for sale or an owner of 286 property when acting as his or her own electrical contractor and 287 providing all material supervision himself or herself, when 288 building or improving a farm outbuilding or a single-family or 289 duplex residence on such property for the occupancy or use of 290 such owner and not offered for sale or lease, or building or 291 improving a commercial building with aggregate construction 292 costs of under $75,000 on such property for the occupancy or use 293 of such owner and not offered for sale or lease. In an action 294 brought under this subsection, proof of the sale or lease, or 295 offering for sale or lease, of more than one such structure by 296 the owner-builder within 1 year after completion of same is 297 prima facie evidence that the construction was undertaken for 298 purposes of sale or lease. 299 (b) An owner of property completing the requirements of a 300 building permit, where the contractor listed on the permit 301 substantially completed the project as determined by the local 302 permitting agency, for a one-family or two family residence, 303 townhome, accessory structure of a one-family or two-family 304 residence or townhome or individual residential condominium unit 305 or cooperative unit. Prior to the owner qualifying for the 306 exemption, the owner must receive approval from the local 307 permitting agency, and the local permitting agency must 308 determine that the contractor substantially completed the 309 project. An owner who qualifies for the exemption under this 310 paragraph is not required to occupy the dwelling or unit for at 311 least 1 year after the completion of the project. 312 (c) This subsection does not exempt any person who is 313 employed by such owner and who acts in the capacity of a 314 contractor. For the purpose of this subsection, the term “owner 315 of property” includes the owner of a mobile home situated on a 316 leased lot. To qualify for exemption under this subsection, an 317 owner shall personally appear and sign the building permit 318 application and must satisfy local permitting agency 319 requirements, if any, proving that the owner has a complete 320 understanding of the owner’s obligations under the law as 321 specified in the disclosure statement in this section. If any 322 person violates the requirements of this subsection, the local 323 permitting agency shall withhold final approval, revoke the 324 permit, or pursue any action or remedy for unlicensed activity 325 against the owner and any person performing work that requires 326 licensure under the permit issued. The local permitting agency 327 shall provide the owner with a disclosure statement in 328 substantially the following form: 329 330 Disclosure Statement 331 332 State law requires electrical contracting to be done by 333 licensed electrical contractors. You have applied for a permit 334 under an exemption to that law. The exemption allows you, as the 335 owner of your property, to act as your own electrical contractor 336 even though you do not have a license. You may install 337 electrical wiring for a farm outbuilding or a single-family or 338 duplex residence. You may install electrical wiring in a 339 commercial building the aggregate construction costs of which 340 are under $75,000. The home or building must be for your own use 341 and occupancy. It may not be built for sale or lease, unless you 342 are completing the requirements of a building permit where the 343 contractor listed on the permit substantially completed the 344 project. If you sell or lease more than one building you have 345 wired yourself within 1 year after the construction is complete, 346 the law will presume that you built it for sale or lease, which 347 is a violation of this exemption. You may not hire an unlicensed 348 person as your electrical contractor. Your construction shall be 349 done according to building codes and zoning regulations. It is 350 your responsibility to make sure that people employed by you 351 have licenses required by state law and by county or municipal 352 licensing ordinances. 353 Section 5. Present subsections (15) through (20) of section 354 553.79, Florida Statutes, are redesignated as subsections (17) 355 through (22), respectively, new subsections (15) and (16) are 356 added to that section, and paragraph (c) is added to subsection 357 (1) of that section, to read: 358 553.79 Permits; applications; issuance; inspections.— 359 (1) 360 (c) A local government that issues building permits may 361 send a written notice of expiration, by e-mail or United States 362 Postal Service, to the owner of the property and the contractor 363 listed on the permit, no less than 30 days before a building 364 permit is set to expire. The written notice must identify the 365 permit that is set to expire and the date the permit will 366 expire. 367 (15)(a) A property owner, regardless of whether the 368 property owner is the one listed on the application for the 369 building permit, may close a building permit by complying with 370 the following requirements: 371 1. The property owner may retain the original contractor 372 listed on the permit or hire a different contractor 373 appropriately licensed in this state to perform the work 374 necessary to satisfy the conditions of the permit and to obtain 375 any necessary inspections in order to close the permit. If a 376 contractor other than the original contractor listed on the 377 permit is hired by the property owner to close the permit, such 378 contractor is not liable for any defects in the work performed 379 by the original contractor and is only liable for the work that 380 he or she performs. 381 2. The property owner may assume the role of an owner 382 builder, in accordance with ss. 489.103(7) and 489.503(6). 383 3. For purposes of this section, the term “close” means 384 that the requirements of the permit have been satisfied. 385 (b) If a building permit is expired and its requirements 386 have been substantially completed, as determined by the local 387 enforcement agency, the permit may be closed without having to 388 obtain a new building permit, and the work required to close the 389 permit may be done pursuant to the building code in effect at 390 the time the local enforcement agency received the application 391 for the permit, unless the contractor has sought and received 392 approval from the local enforcement agency for an alternative 393 material, design, or method of construction. 394 (c) A local enforcement agency may close a building permit 395 6 years after the issuance of the permit, even in the absence of 396 a final inspection, if the local enforcement agency determines 397 that no apparent safety hazards exist. 398 (16)(a) A local enforcement agency may not deny issuance of 399 a building permit to, issue a notice of violation to, or fine, 400 penalize, sanction, or assess fees against an arms-length 401 purchaser of a property for value solely because a building 402 permit was applied for by a previous owner of the property was 403 not closed. The local enforcement agency shall maintain all 404 rights and remedies against the property owner and contractor 405 listed on the permit. 406 (b) The local enforcement agency may not deny issuance of a 407 building permit to a contractor solely because the contractor is 408 listed on other building permits that were not closed. 409 Section 6. Paragraph (e) is added to subsection (7) of 410 section 553.80, Florida Statutes, to read: 411 553.80 Enforcement.— 412 (7) The governing bodies of local governments may provide a 413 schedule of reasonable fees, as authorized by s. 125.56(2) or s. 414 166.222 and this section, for enforcing this part. These fees, 415 and any fines or investment earnings related to the fees, shall 416 be used solely for carrying out the local government’s 417 responsibilities in enforcing the Florida Building Code. When 418 providing a schedule of reasonable fees, the total estimated 419 annual revenue derived from fees, and the fines and investment 420 earnings related to the fees, may not exceed the total estimated 421 annual costs of allowable activities. Any unexpended balances 422 shall be carried forward to future years for allowable 423 activities or shall be refunded at the discretion of the local 424 government. The basis for a fee structure for allowable 425 activities shall relate to the level of service provided by the 426 local government and shall include consideration for refunding 427 fees due to reduced services based on services provided as 428 prescribed by s. 553.791, but not provided by the local 429 government. Fees charged shall be consistently applied. 430 (e) The governing body of a local government that issues 431 building permits may charge a person only one search fee, in an 432 amount commensurate with the research and time costs incurred by 433 the governing body, for identifying building permits for each 434 unit or subunit assigned by the governing body to a particular 435 tax parcel identification number. 436 Section 7. Section 440.103, Florida Statutes, is amended to 437 read: 438 440.103 Building permits; identification of minimum premium 439 policy.—Every employer shall, as a condition to applying for and 440 receiving a building permit, show proof and certify to the 441 permit issuer that it has secured compensation for its employees 442 under this chapter as provided in ss. 440.10 and 440.38. Such 443 proof of compensation must be evidenced by a certificate of 444 coverage issued by the carrier, a valid exemption certificate 445 approved by the department, or a copy of the employer’s 446 authority to self-insure and shall be presented, electronically 447 or physically, each time the employer applies for a building 448 permit. As provided in s. 553.79(20)s. 553.79(19), for the 449 purpose of inspection and record retention, site plans or 450 building permits may be maintained at the worksite in the 451 original form or in the form of an electronic copy. These plans 452 and permits must be open to inspection by the building official 453 or a duly authorized representative, as required by the Florida 454 Building Code. As provided in s. 627.413(5), each certificate of 455 coverage must show, on its face, whether or not coverage is 456 secured under the minimum premium provisions of rules adopted by 457 rating organizations licensed pursuant to s. 627.221. The words 458 “minimum premium policy” or equivalent language shall be typed, 459 printed, stamped, or legibly handwritten. 460 Section 8. This act shall take effect October 1, 2019.