Bill Text: FL S1146 | 2021 | Regular Session | Comm Sub
Bill Title: Florida Building Code
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 401 (Ch. 2021-201) [S1146 Detail]
Download: Florida-2021-S1146-Comm_Sub.html
Florida Senate - 2021 CS for CS for CS for SB 1146
By the Committees on Rules; Appropriations; and Community
Affairs; and Senators Brodeur and Perry
595-04534-21 20211146c3
1 A bill to be entitled
2 An act relating to the Florida Building Code; amending
3 s. 163.3202, F.S.; prohibiting certain regulations
4 relating to building design elements from being
5 applied to certain dwellings; providing exceptions;
6 defining terms; providing construction; amending s.
7 381.0065, F.S.; authorizing fee owners or fee owners’
8 contractors to select private providers to provide
9 inspection services for onsite sewage treatment and
10 disposal systems if certain requirements are met;
11 providing legislative intent; requiring the Department
12 of Health to reduce certain permit fees; prohibiting
13 the department from charging inspection fees if the
14 fee owner or contractor hires a private provider to
15 perform an inspection; providing requirements for
16 private providers or duly authorized representatives
17 of private providers performing such inspections;
18 requiring fee owners or contractors to provide
19 specified notice to the department when using a
20 private provider for such inspections; providing
21 requirements for the contents of such notice;
22 prohibiting the department from charging a fee for
23 changing the duly authorized representative named in a
24 permit application; authorizing the department to
25 audit the performance of private providers; providing
26 requirements relating to work on a building, a
27 structure, or an onsite sewage treatment and disposal
28 system relating to such audits; amending s. 514.0115,
29 F.S.; prohibiting the Department of Health from
30 requiring that pools serving assisted living
31 facilities be compliant with rules relating to
32 swimming pool lifeguards; amending s. 553.73, F.S.;
33 authorizing a substantially affected person to file a
34 petition with the Florida Building Commission to
35 review certain local government regulations, laws,
36 ordinances, policies, amendments, or land use or
37 zoning provisions; defining the term “local
38 government”; providing requirements for the petition
39 and commission; requiring the commission to issue a
40 nonbinding advisory opinion within a specified
41 timeframe; prohibiting a municipality, county, or
42 special district from using preliminary maps issued by
43 the Federal Emergency Management Agency for certain
44 purposes relating to land use changes; authorizing the
45 commission to issue errata to the code; defining the
46 term “errata to the code”; making technical changes;
47 amending s. 553.77, F.S.; conforming a cross
48 reference; amending s. 553.79, F.S.; prohibiting a
49 local government from requiring certain contracts for
50 the application for or issuance of a building permit;
51 prohibiting local governments from taking certain
52 actions relating to building permits to demolish and
53 replace single-family residential dwellings located in
54 certain flood zones; providing requirements for such
55 permits; amending s. 553.791, F.S.; revising and
56 defining terms; providing requirements for qualified
57 private providers; requiring local jurisdictions to
58 reduce permit fees under certain circumstances;
59 deleting legislative intent; specifying that
60 contractors using private providers to provide
61 building code inspections services must notify local
62 building officials in writing; revising notice
63 requirements; deleting a provision requiring fee
64 owners or fee owners’ contractors to post certain
65 information at a project site before commencing
66 construction; authorizing certain affidavits to be
67 signed with electronic signatures and be submitted to
68 local building officials electronically; authorizing
69 certain inspections to be performed in-person or
70 virtually; authorizing certain reports to be signed
71 with electronic signatures; authorizing certain
72 notices to be electronically posted; authorizing
73 private providers to perform certain replacements and
74 repairs without first notifying local building
75 officials under certain circumstances; authorizing
76 certain forms to be signed with electronic signatures;
77 authorizing certain inspection records to be
78 electronically posted and electronically submitted to
79 local building officials; authorizing certificates of
80 compliance to be electronically transmitted to local
81 building officials; specifying that a certain registry
82 must be distinct from the registry of qualified
83 private providers; conforming provisions to changes
84 made by the act; authorizing a county, a municipality,
85 a school district, or an independent special district
86 to use a private provider to provide building code
87 inspection services for certain purposes; amending s.
88 553.842, F.S.; requiring evaluation entities that meet
89 certain criteria to comply with certain standards;
90 revising rulemaking requirements relating to
91 suspensions and revocations by the commission;
92 specifying that suspensions are governed by specified
93 provisions; amending s. 553.80, F.S.; revising
94 requirements for the expenditure of certain unexpended
95 revenue relating to enforcing the Florida Building
96 Code; amending ss. 125.01 and 125.56, F.S.; conforming
97 cross-references; making technical changes; providing
98 an effective date.
99
100 Be It Enacted by the Legislature of the State of Florida:
101
102 Section 1. Present subsection (5) of section 163.3202,
103 Florida Statutes, is redesignated as subsection (6), and a new
104 subsection (5) is added to that section, to read:
105 163.3202 Land development regulations.—
106 (5)(a) Land development regulations relating to building
107 design elements may not be applied to a single-family or two
108 family dwelling unless:
109 1. The dwelling is listed in the National Register of
110 Historic Places, as defined in s. 267.021(5); is located in a
111 National Register Historic District; or is designated as a
112 historic property or located in a historic district, under the
113 terms of a local preservation ordinance;
114 2. The regulations are adopted in order to implement the
115 National Flood Insurance Program;
116 3. The regulations are adopted pursuant to and in
117 compliance with chapter 553;
118 4. The dwelling is located in a community redevelopment
119 area, as defined in s. 163.340(10);
120 5. The regulations are required to ensure protection of
121 coastal wildlife in compliance with s. 161.052, s. 161.053, s.
122 161.0531, s. 161.085, s. 161.163, or chapter 373;
123 6. The dwelling is located in a planned unit development or
124 master planned community created pursuant to a local ordinance;
125 or
126 7. The dwelling is located within the jurisdiction of a
127 local government that has a design review board or architectural
128 review board.
129 (b) For purposes of this subsection, the term:
130 1. “Building design elements” means the external building
131 color; the type or style of exterior cladding material; the
132 style or material of roof structures or porches; the exterior
133 nonstructural architectural ornamentation; the location or
134 architectural styling of windows or doors; the location or
135 orientation of the garage; the number and type of rooms; and the
136 interior layout of rooms. The term does not include the height,
137 bulk, orientation, or location of a dwelling on a zoning lot; or
138 the use of buffering or screening to minimize potential adverse
139 physical or visual impacts or to protect the privacy of
140 neighbors.
141 2. “Planned unit development” or “master planned community”
142 means an area of land that is planned and developed as a single
143 entity or in approved stages with uses and structures
144 substantially related to the character of the entire
145 development, or a self-contained development in which the
146 subdivision and zoning controls are applied to the project as a
147 whole rather than to individual lots.
148 (c) This subsection does not affect the validity or
149 enforceability of private covenants or other contractual
150 agreements relating to building design elements.
151 Section 2. Subsection (8) is added to section 381.0065,
152 Florida Statutes, to read:
153 381.0065 Onsite sewage treatment and disposal systems;
154 regulation.—
155 (8) PRIVATE PROVIDER INSPECTION SERVICES.—
156 (a) Notwithstanding any other law, ordinance, or policy,
157 the fee owner of an onsite sewage treatment and disposal system,
158 or the fee owner’s contractor upon written authorization from
159 the fee owner, may select a private provider to provide
160 inspection services for onsite sewage treatment and disposal
161 systems and may pay the private provider directly for such
162 services if such services are the subject of a written contract
163 between the private provider, or the private provider’s firm,
164 and the fee owner or the fee owner’s contractor, upon written
165 authorization of the fee owner.
166 (b) It is the intent of the Legislature that owners and
167 contractors pay reduced fees related to onsite sewage treatment
168 disposal system inspections when selecting a private provider to
169 provide such inspections. The department must calculate the cost
170 savings to the department based on a fee owner or contractor
171 hiring a private provider to perform inspections in lieu of the
172 department and reduce permit fees accordingly. The department
173 may not charge fees for an inspection if the fee owner or
174 contractor hires a private provider to perform the inspection.
175 (c) Onsite sewage treatment and disposal system inspection
176 services may be performed only by a private provider or a duly
177 authorized representative of a private provider within the
178 disciplines covered under such person’s licensure or if the
179 person is certified under s. 381.0101, is a master septic
180 contractor licensed pursuant to chapter 489, is a professional
181 engineer who has passed all three parts of the OSTDS Accelerated
182 Certification Training, or is a person working as staff under
183 the supervision of a licensed professional engineer and has
184 passed all three parts of the OSTDS Accelerated Certification
185 Training.
186 (d)1. A fee owner or the fee owner’s contractor using a
187 private provider for onsite sewage treatment and disposal system
188 inspection services must provide notice to the department at the
189 time of permit application, or by 2 p.m. local time, 2 business
190 days before the first scheduled inspection by the department.
191 The notice must include the following information:
192 a. The name, firm, address, telephone number, and e-mail
193 address of each private provider who is performing or will
194 perform such services, the private provider’s professional
195 license or certification number, and qualification statements or
196 resumes for each private provider; and
197 b. An acknowledgment from the fee owner in substantially
198 the following form:
199
200 I have elected to use one or more private providers to
201 provide onsite sewage treatment and disposal system
202 inspection services that are the subject of the
203 enclosed permit application. I understand that the
204 department may not perform the required onsite sewage
205 treatment and disposal system inspections to determine
206 compliance with the applicable codes, except to the
207 extent authorized by law. Instead, inspections will be
208 performed by the licensed or certified personnel
209 identified in the application. By executing this form,
210 I acknowledge that I have made inquiry regarding the
211 competence of the licensed or certified personnel and
212 am satisfied that my interests are adequately
213 protected. I agree to indemnify, defend, and hold
214 harmless the department from any and all claims
215 arising from my use of these licensed or certified
216 personnel to perform onsite sewage treatment and
217 disposable system inspections with respect to the
218 onsite sewage treatment and disposable system that are
219 the subject of the enclosed permit application.
220
221 2. If the fee owner or the fee owner’s contractor makes any
222 changes to the listed private providers or the services to be
223 provided by the private providers, the fee owner or the fee
224 owner’s contractor must update the notice to reflect the change
225 within 1 business day after the change. A change of a duly
226 authorized representative named in the permit application does
227 not require a revision of the permit and the department may not
228 charge a fee for making such change.
229 (e) The department may audit the performance of onsite
230 sewage treatment and disposal system inspection services by
231 private providers. However, the same private provider may not be
232 audited more than four times in a month unless the department
233 determines that an onsite sewage treatment and disposal system
234 inspected by the private provider should not have passed
235 inspection. Work on a building, a structure, or an onsite sewage
236 treatment and disposal system may proceed after inspection and
237 approval by a private provider if the fee owner or fee owner’s
238 contractor has given notice of the inspection pursuant to
239 subsection (4) and, subsequent to such inspection and approval,
240 may not be delayed for completion of an inspection audit by the
241 department.
242 Section 3. Present subsections (3) through (8) of section
243 514.0115, Florida Statutes, are redesignated as subsections (4)
244 through (9), respectively, and a new subsection (3) is added to
245 that section, to read:
246 514.0115 Exemptions from supervision or regulation;
247 variances.—
248 (3) The department may not require compliance with rules
249 relating to swimming pool lifeguard standards for pools serving
250 assisted living facilities.
251 Section 4. Subsections (4), (5), and (8) of section 553.73,
252 Florida Statutes, are amended to read:
253 553.73 Florida Building Code.—
254 (4)(a) All entities authorized to enforce the Florida
255 Building Code under pursuant to s. 553.80 shall comply with
256 applicable standards for issuance of mandatory certificates of
257 occupancy, minimum types of inspections, and procedures for
258 plans review and inspections as established by the commission by
259 rule. Local governments may adopt amendments to the
260 administrative provisions of the Florida Building Code, subject
261 to the limitations in of this subsection paragraph. Local
262 amendments must shall be more stringent than the minimum
263 standards described in this section herein and must shall be
264 transmitted to the commission within 30 days after enactment.
265 The local government shall make such amendments available to the
266 general public in a usable format. The State Fire Marshal is
267 responsible for establishing the standards and procedures
268 required in this subsection paragraph for governmental entities
269 with respect to applying the Florida Fire Prevention Code and
270 the Life Safety Code.
271 (b) Local governments may, subject to the limitations in of
272 this section and not more than once every 6 months, adopt
273 amendments to the technical provisions of the Florida Building
274 Code that which apply solely within the jurisdiction of such
275 government and that which provide for more stringent
276 requirements than those specified in the Florida Building Code,
277 not more than once every 6 months. A local government may adopt
278 technical amendments that address local needs if:
279 1. The local governing body determines, following a public
280 hearing which has been advertised in a newspaper of general
281 circulation at least 10 days before the hearing, that there is a
282 need to strengthen the requirements of the Florida Building
283 Code. The determination must be based upon a review of local
284 conditions by the local governing body, which review
285 demonstrates by evidence or data that the geographical
286 jurisdiction governed by the local governing body exhibits a
287 local need to strengthen the Florida Building Code beyond the
288 needs or regional variation addressed by the Florida Building
289 Code, that the local need is addressed by the proposed local
290 amendment, and that the amendment is no more stringent than
291 necessary to address the local need.
292 2. Such additional requirements are not discriminatory
293 against materials, products, or construction techniques of
294 demonstrated capabilities.
295 3. Such additional requirements may not introduce a new
296 subject not addressed in the Florida Building Code.
297 (c)4. The enforcing agency shall make readily available, in
298 a usable format, all amendments adopted under pursuant to this
299 section.
300 (d)5. Any amendment to the Florida Building Code shall be
301 transmitted within 30 days after adoption by the adopting local
302 government to the commission. The commission shall maintain
303 copies of all such amendments in a format that is usable and
304 obtainable by the public. Local technical amendments are shall
305 not become effective until 30 days after the amendment has been
306 received and published by the commission.
307 (e)6. An Any amendment to the Florida Building Code adopted
308 by a local government under pursuant to this subsection is
309 paragraph shall be effective only until the adoption by the
310 commission of the new edition of the Florida Building Code by
311 the commission every third year. At such time, the commission
312 shall review such amendment for consistency with the criteria in
313 paragraph (9)(a) and adopt such amendment as part of the Florida
314 Building Code or rescind the amendment. The commission shall
315 immediately notify the respective local government of the
316 rescission of any amendment. After receiving such notice, the
317 respective local government may readopt the rescinded amendment
318 under pursuant to the provisions of this subsection paragraph.
319 (f)7. Each county and municipality desiring to make local
320 technical amendments to the Florida Building Code shall by
321 interlocal agreement establish by interlocal agreement a
322 countywide compliance review board to review any amendment to
323 the Florida Building Code that is, adopted by a local government
324 within the county under pursuant to this subsection and
325 paragraph, that is challenged by a any substantially affected
326 party for purposes of determining the amendment’s compliance
327 with this subsection paragraph. If challenged, the local
328 technical amendments are shall not become effective until the
329 time for filing an appeal under paragraph (g) pursuant to
330 subparagraph 8. has expired or, if there is an appeal, until the
331 commission issues its final order determining if the adopted
332 amendment is in compliance with this subsection.
333 (g)8. If the compliance review board determines such
334 amendment is not in compliance with this subsection paragraph,
335 the compliance review board shall notify such local government
336 of the noncompliance and that the amendment is invalid and
337 unenforceable until the local government corrects the amendment
338 to bring it into compliance. The local government may appeal the
339 decision of the compliance review board to the commission. If
340 the compliance review board determines that such amendment is to
341 be in compliance with this subsection paragraph, any
342 substantially affected party may appeal such determination to
343 the commission. Any such appeal must shall be filed with the
344 commission within 14 days after of the board’s written
345 determination. The commission shall promptly refer the appeal to
346 the Division of Administrative Hearings by electronic means
347 through the division’s website for the assignment of an
348 administrative law judge. The administrative law judge shall
349 conduct the required hearing within 30 days after being assigned
350 to the appeal, and shall enter a recommended order within 30
351 days after of the conclusion of such hearing. The commission
352 shall enter a final order within 30 days after an order is
353 rendered thereafter. The provisions of Chapter 120 and the
354 uniform rules of procedure shall apply to such proceedings. The
355 local government adopting the amendment that is subject to
356 challenge has the burden of proving that the amendment complies
357 with this subsection paragraph in proceedings before the
358 compliance review board and the commission, as applicable.
359 Actions of the commission are subject to judicial review under
360 pursuant to s. 120.68. The compliance review board shall
361 determine whether its decisions apply to a respective local
362 jurisdiction or apply countywide.
363 (h)9. An amendment adopted under this subsection paragraph
364 must shall include a fiscal impact statement that which
365 documents the costs and benefits of the proposed amendment.
366 Criteria for the fiscal impact statement shall include the
367 impact to local government relative to enforcement and, the
368 impact to property and building owners and, as well as to
369 industry, relative to the cost of compliance. The fiscal impact
370 statement may not be used as a basis for challenging the
371 amendment for compliance.
372 (i)10. In addition to paragraphs (f) and (g) subparagraphs
373 7. and 9., the commission may review any amendments adopted
374 under pursuant to this subsection and make nonbinding
375 recommendations related to compliance of such amendments with
376 this subsection.
377 (j)(c) Any amendment adopted by a local enforcing agency
378 under pursuant to this subsection may shall not apply to state
379 or school district owned buildings, manufactured buildings or
380 factory-built school buildings approved by the commission, or
381 prototype buildings approved under pursuant to s. 553.77(3). The
382 respective responsible entities shall consider the physical
383 performance parameters substantiating such amendments when
384 designing, specifying, and constructing such exempt buildings.
385 (k)(d) A technical amendment to the Florida Building Code
386 related to water conservation practices or design criteria
387 adopted by a local government under pursuant to this subsection
388 is not rendered void when the code is updated if the technical
389 amendment is necessary to protect or provide for more efficient
390 use of water resources as provided in s. 373.621. However, any
391 such technical amendment carried forward into the next edition
392 of the code under pursuant to this paragraph is subject to
393 review or modification as provided in this part.
394 (l) If a local government adopts a regulation, law,
395 ordinance, policy, amendment, or land use or zoning provision
396 without using the process established in this subsection, and a
397 substantially affected person considers such regulation, law,
398 ordinance, policy, amendment, or land use or zoning provision to
399 be a technical amendment to the Florida Building Code, then the
400 substantially affected person may submit a petition to the
401 commission for a nonbinding advisory opinion. If a substantially
402 affected person submits a request in accordance with this
403 paragraph, the commission shall issue a nonbinding advisory
404 opinion stating whether or not the commission interprets the
405 regulation, law, ordinance, policy, amendment, or land use or
406 zoning provision as a technical amendment to the Florida
407 Building Code. As used in this paragraph, the term “local
408 government” means a county, municipality, special district, or
409 political subdivision of the state.
410 1. Requests to review a local government regulation, law,
411 ordinance, policy, amendment, or land use or zoning provision
412 may be initiated by any substantially affected person. A
413 substantially affected person includes an owner or builder
414 subject to the regulation, law, ordinance, policy, amendment, or
415 land use or zoning provision, or an association of owners or
416 builders having members who are subject to the regulation, law,
417 ordinance, policy, amendment, or land use or zoning provision.
418 2. In order to initiate a review, a substantially affected
419 person must file a petition with the commission. The commission
420 shall adopt a form for the petition and directions for filing,
421 which shall be published on the Building Code Information
422 System. The form shall, at a minimum, require the following:
423 a. The name of the local government that enacted the
424 regulation, law, ordinance, policy, amendment, or land use or
425 zoning provision.
426 b. The name and address of the local government’s general
427 counsel or administrator.
428 c. The name, address, and telephone number of the
429 petitioner; the name, address, and telephone number of the
430 petitioner’s representative, if any; and an explanation of how
431 the petitioner’s substantial interests are being affected by the
432 regulation, law, ordinance, policy, amendment, or land use or
433 zoning provision.
434 d. A statement explaining why the regulation, law,
435 ordinance, policy, amendment, or land use or zoning provision is
436 a technical amendment to the Florida Building Code, and which
437 provisions of the Florida Building Code, if any, are being
438 amended by the regulation, law, ordinance, policy, amendment, or
439 land use or zoning provision.
440 3. The petitioner shall serve the petition on the local
441 government’s general counsel or administrator by certified mail,
442 return receipt requested, and send a copy of the petition to the
443 commission, in accordance with the commission’s published
444 directions. The local government shall respond to the petition
445 in accordance with the form by certified mail, return receipt
446 requested, and send a copy of its response to the commission,
447 within 14 days after receipt of the petition, including
448 Saturdays, Sundays, and legal holidays.
449 4. Upon receipt of a petition that meets the requirements
450 of this paragraph, the commission shall publish the petition,
451 including any response submitted by the local government, on the
452 Building Code Information System in a manner that allows
453 interested persons to address the issues by posting comments.
454 5. Before issuing an advisory opinion, the commission shall
455 consider the petition, the response, and any comments posted on
456 the Building Code Information System. The commission may also
457 provide the petition, the response, and any comments posted on
458 the Building Code Information System to a technical advisory
459 committee, and may consider any recommendation provided by the
460 technical advisory committee. The commission shall issue an
461 advisory opinion stating whether the regulation, law, ordinance,
462 policy, amendment, or land use or zoning provision is a
463 technical amendment to the Florida Building Code within 60 days
464 after the filing of the petition, including Saturdays, Sundays,
465 and legal holidays. The commission shall publish its advisory
466 opinion on the Building Code Information System and in the
467 Florida Administrative Register. The commission’s advisory
468 opinion is nonbinding and is not a declaratory statement under
469 s. 120.565.
470 (5) Notwithstanding subsection (4), counties and
471 municipalities may adopt by ordinance an administrative or
472 technical amendment to the Florida Building Code relating to
473 flood resistance in order to implement the National Flood
474 Insurance Program or incentives. Specifically, an administrative
475 amendment may assign the duty to enforce all or portions of
476 flood-related code provisions to the appropriate agencies of the
477 local government and adopt procedures for variances and
478 exceptions from flood-related code provisions other than
479 provisions for structures seaward of the coastal construction
480 control line consistent with the requirements in 44 C.F.R. s.
481 60.6. A technical amendment is authorized to the extent it is
482 more stringent than the code. A technical amendment is not
483 subject to the requirements of subsection (4) and may not be
484 rendered void when the code is updated if the amendment is
485 adopted for the purpose of participating in the Community Rating
486 System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
487 had already been adopted by local ordinance prior to July 1,
488 2010, or the amendment requires a design flood elevation above
489 the base flood elevation. Any amendment adopted pursuant to this
490 subsection shall be transmitted to the commission within 30 days
491 after being adopted. A municipality, county, or special district
492 may not use preliminary maps issued by the Federal Emergency
493 Management Agency for any law, ordinance, rule, or other measure
494 that has the effect of imposing land use changes.
495 (8) Notwithstanding subsection (3) or subsection (7), the
496 commission may address issues identified in this subsection by
497 amending the code under pursuant to the rule adoption procedures
498 in chapter 120. Updates to the Florida Building Code, including
499 provisions contained in referenced standards and criteria which
500 relate to wind resistance or the prevention of water intrusion,
501 may not be amended under pursuant to this subsection to diminish
502 those standards; however, the commission may amend the Florida
503 Building Code to enhance such standards. Following the approval
504 of any amendments to the Florida Building Code by the commission
505 and publication of the amendments on the commission’s website,
506 authorities having jurisdiction to enforce the Florida Building
507 Code may enforce the amendments.
508 (a) The commission may approve amendments that are needed
509 to address:
510 1.(a) Conflicts within the updated code;
511 2.(b) Conflicts between the updated code and the Florida
512 Fire Prevention Code adopted under pursuant to chapter 633;
513 3.(c) Unintended results from the integration of previously
514 adopted amendments with the model code;
515 4.(d) Equivalency of standards;
516 5.(e) Changes to or inconsistencies with federal or state
517 law; or
518 6.(f) Adoption of an updated edition of the National
519 Electrical Code if the commission finds that delay of
520 implementing the updated edition causes undue hardship to
521 stakeholders or otherwise threatens the public health, safety,
522 and welfare.
523 (b) The commission may issue errata to the code pursuant to
524 the rule adoption procedures in chapter 120 to list demonstrated
525 errors in provisions contained within the Florida Building Code.
526 The determination of such errors and the issuance of errata to
527 the code must be approved by a 75 percent supermajority vote of
528 the commission. For purposes of this paragraph, “errata to the
529 code” means a list of errors in current and previous editions of
530 the Florida Building Code.
531 Section 5. Subsection (7) of section 553.77, Florida
532 Statutes, is amended to read:
533 553.77 Specific powers of the commission.—
534 (7) Building officials shall recognize and enforce variance
535 orders issued by the Department of Health under s. 514.0115(9)
536 pursuant to s. 514.0115(8), including any conditions attached to
537 the granting of the variance.
538 Section 6. Paragraph (d) is added to subsection (1) of
539 section 553.79, Florida Statutes, and subsection (23) is added
540 to that section, to read:
541 553.79 Permits; applications; issuance; inspections.—
542 (1)
543 (d) A local government may not require a contract between a
544 builder and an owner for the issuance of a building permit or as
545 a requirement for the submission of a building permit
546 application.
547 (23) Notwithstanding any law, regulation, or ordinance, a
548 local government may not prohibit or otherwise restrict the
549 ability of a property owner to obtain a building permit to
550 demolish and replace any single-family residential dwelling
551 located in a coastal high hazard area, moderate flood zone, or
552 special flood hazard area according to the Federal Emergency
553 Management Agency’s Flood Insurance Rate Map if the lowest floor
554 elevation of the dwelling is at or below the property’s base
555 flood elevation plus one foot pursuant to Florida Building Code
556 or pursuant to local ordinance, whichever is higher, and all
557 other Florida Building Code requirements are met. Demolition
558 permits issued under this section may only be reviewed
559 administratively for compliance with the Florida Building Code
560 and other applicable construction regulations, and are not
561 subject to any additional land development regulation or zoning
562 approval that requires a public hearing before the issuance of
563 the permit. Local governments may not impose additional
564 regulatory requirements on the replacement single-family
565 residential dwelling which would not otherwise be applicable to
566 a similarly situated vacant parcel and may not penalize the
567 owner for such demolition.
568 Section 7. Present subsections (10) through (19) of section
569 553.791, Florida Statutes, are redesignated as subsections (11)
570 through (20), respectively, a new subsection (10) and subsection
571 (21) are added to that section, and subsection (1), paragraph
572 (b) of subsection (2), subsections (3), (4), and (6), paragraphs
573 (b) and (d) of subsection (7), subsections (8) and (9), and
574 present subsections (10), (11), (12), (14), and (15) are
575 amended, to read:
576 553.791 Alternative plans review and inspection.—
577 (1) As used in this section, the term:
578 (a) “Applicable codes” means the Florida Building Code and
579 any local technical amendments to the Florida Building Code but
580 does not include the applicable minimum fire prevention and
581 firesafety codes adopted pursuant to chapter 633.
582 (b) “Audit” means the process to confirm that the building
583 code inspection services have been performed by the private
584 provider, including ensuring that the required affidavit for the
585 plan review has been properly completed and submitted with
586 affixed to the permit documents and that the minimum mandatory
587 inspections required under the building code have been performed
588 and properly recorded. The local building official may not
589 replicate the plan review or inspection being performed by the
590 private provider, unless expressly authorized by this section.
591 (c) “Building” means any construction, erection,
592 alteration, demolition, or improvement of, or addition to, any
593 structure or site work for which permitting by a local
594 enforcement agency is required.
595 (d) “Building code inspection services” means those
596 services described in s. 468.603(5) and (8) involving the review
597 of building plans as well as those services involving the review
598 of site plans and site work engineering plans or their
599 functional equivalent, to determine compliance with applicable
600 codes and those inspections required by law, conducted either in
601 person or virtually, of each phase of construction for which
602 permitting by a local enforcement agency is required to
603 determine compliance with applicable codes.
604 (e) “Deliver” or “delivery” means any method of delivery
605 used in conventional business or commercial practice, including
606 delivery by electronic transmissions.
607 (f) “Duly authorized representative” means an agent of the
608 private provider identified in the permit application who
609 reviews plans or performs inspections as provided by this
610 section and who is licensed as an engineer under chapter 471 or
611 as an architect under chapter 481 or who holds a standard
612 certificate under part XII of chapter 468.
613 (g) “Electronically posted” means providing notices of
614 decisions, results, or records, including inspection records,
615 through the use of a website or other form of electronic
616 communication used to transmit or display information.
617 (h) “Electronic signature” means any letters, characters,
618 or symbols manifested by electronic or similar means which are
619 executed or adopted by a party with an intent to authenticate a
620 writing or record.
621 (i) “Electronic transmission” or “submitted electronically”
622 means any form or process of communication not directly
623 involving the physical transfer of paper or another tangible
624 medium which is suitable for the retention, retrieval, and
625 reproduction of information by the recipient and is retrievable
626 in paper form by the receipt through an automated process. All
627 notices provided for in this section may be transmitted
628 electronically and shall have the same legal effect as if
629 physically posted or mailed.
630 (j)(f) “Immediate threat to public safety and welfare”
631 means a building code violation that, if allowed to persist,
632 constitutes an immediate hazard that could result in death,
633 serious bodily injury, or significant property damage. This
634 paragraph does not limit the authority of the local building
635 official to issue a Notice of Corrective Action at any time
636 during the construction of a building project or any portion of
637 such project if the official determines that a condition of the
638 building or portion thereof may constitute a hazard when the
639 building is put into use following completion as long as the
640 condition cited is shown to be in violation of the building code
641 or approved plans.
642 (k)(g) “Local building official” means the individual
643 within the governing jurisdiction responsible for direct
644 regulatory administration or supervision of plans review,
645 enforcement, and inspection of any construction, erection,
646 alteration, demolition, or substantial improvement of, or
647 addition to, any structure for which permitting is required to
648 indicate compliance with applicable codes and includes any duly
649 authorized designee of such person.
650 (l)(h) “Permit application” means a properly completed and
651 submitted application for the requested building or construction
652 permit, including:
653 1. The plans reviewed by the private provider.
654 2. The affidavit from the private provider required under
655 subsection (6).
656 3. Any applicable fees.
657 4. Any documents required by the local building official to
658 determine that the fee owner has secured all other government
659 approvals required by law.
660 (m)(i) “Plans” means building plans, site engineering
661 plans, or site plans, or their functional equivalent, submitted
662 by a fee owner or fee owner’s contractor to a private provider
663 or duly authorized representative for review.
664 (n)(j) “Private provider” means a person licensed as a
665 building code administrator under part XII of chapter 468, as an
666 engineer under chapter 471, or as an architect under chapter
667 481. For purposes of performing inspections under this section
668 for additions and alterations that are limited to 1,000 square
669 feet or less to residential buildings, the term “private
670 provider” also includes a person who holds a standard
671 certificate under part XII of chapter 468.
672 (o) “Qualified private provider” means a private provider
673 who has previously performed plans review and inspection
674 services in the local jurisdiction and has registered with the
675 local enforcing agency by providing the local building official
676 with the private provider’s name, firm, address, telephone
677 number, and e-mail address; his or her professional license or
678 certification number, qualification statements, or resumes; and,
679 if required by the local building official, a certificate of
680 insurance demonstrating that professional liability insurance
681 coverage is in place for the private provider’s firm, the
682 private provider, and any duly authorized representative in the
683 amounts required by this section. This information must be
684 submitted on an annual basis to the local jurisdiction in order
685 to maintain qualifying status. If at any time any of the
686 information submitted to the local jurisdiction changes, the
687 private provider must contact the local jurisdiction and update
688 the information within 10 business days after the change. The
689 local jurisdiction is required to keep a registry of active
690 qualified private providers.
691 (p)(k) “Request for certificate of occupancy or certificate
692 of completion” means a properly completed and executed
693 application for:
694 1. A certificate of occupancy or certificate of completion.
695 2. A certificate of compliance from the private provider
696 required under subsection (12) (11).
697 3. Any applicable fees.
698 4. Any documents required by the local building official to
699 determine that the fee owner has secured all other government
700 approvals required by law.
701 (q) “Single-trade inspection” means any inspection focused
702 on a single construction trade, such as plumbing, mechanical, or
703 electrical. The term includes, but is not limited to,
704 inspections of door or window replacements; fences and block
705 walls more than 6 feet high from the top of the wall to the
706 bottom of the footing; stucco or plastering; reroofing with no
707 structural alteration; HVAC replacements; ductwork or fan
708 replacements; alteration or installation of wiring, lighting,
709 and service panels; water heater changeouts; sink replacements;
710 and repiping.
711 (r)(l) “Site work” means the portion of a construction
712 project that is not part of the building structure, including,
713 but not limited to, grading, excavation, landscape irrigation,
714 and installation of driveways.
715 (s)(m) “Stop-work order” means the issuance of any written
716 statement, written directive, or written order which states the
717 reason for the order and the conditions under which the cited
718 work will be permitted to resume.
719 (2)
720 (b) If an owner or contractor retains a private provider
721 for purposes of plans review or building inspection services,
722 the local jurisdiction must reduce the permit fee by the amount
723 of cost savings realized by the local enforcement agency for not
724 having to perform such services. Such reduction may be
725 calculated on a flat fee or percentage basis, or any other
726 reasonable means by which a local enforcement agency assesses
727 the cost for its plans review or inspection services It is the
728 intent of the Legislature that owners and contractors pay
729 reduced fees related to building permitting requirements when
730 hiring a private provider for plans review and building
731 inspections. A local jurisdiction must calculate the cost
732 savings to the local enforcement agency, based on a fee owner or
733 contractor hiring a private provider to perform plans reviews
734 and building inspections in lieu of the local building official,
735 and reduce the permit fees accordingly. The local jurisdiction
736 may not charge fees for building inspections if the fee owner or
737 contractor hires a private provider to perform such services;
738 however, the local jurisdiction may charge a reasonable
739 administrative fee.
740 (3) A private provider and any duly authorized
741 representative may only perform building code inspection
742 services that are within the disciplines covered by that
743 person’s licensure or certification under chapter 468, chapter
744 471, or chapter 481, including single-trade inspections. A
745 private provider may not provide building code inspection
746 services pursuant to this section upon any building designed or
747 constructed by the private provider or the private provider’s
748 firm.
749 (4) A fee owner or the fee owner’s contractor using a
750 private provider to provide building code inspection services
751 shall notify the local building official in writing at the time
752 of permit application, or by 2 p.m. local time, 2 business days
753 before the first scheduled inspection by the local building
754 official or building code enforcement agency that for a private
755 provider has been contracted to perform the performing required
756 inspections of construction under this section, including
757 single-trade inspections, on a form to be adopted by the
758 commission. This notice shall include the following information:
759 (a) The services to be performed by the private provider.
760 (b) The name, firm, address, telephone number, and e-mail
761 address facsimile number of each private provider who is
762 performing or will perform such services, his or her
763 professional license or certification number, qualification
764 statements or resumes, and, if required by the local building
765 official, a certificate of insurance demonstrating that
766 professional liability insurance coverage is in place for the
767 private provider’s firm, the private provider, and any duly
768 authorized representative in the amounts required by this
769 section.
770
771 However, the notice is not required to include such information
772 for private providers who are qualified private providers within
773 the local jurisdiction and have renewed such designation
774 pursuant to this section.
775 (c) An acknowledgment from the fee owner in substantially
776 the following form:
777
778 I have elected to use one or more private providers to
779 provide building code plans review and/or inspection
780 services on the building or structure that is the
781 subject of the enclosed permit application, as
782 authorized by s. 553.791, Florida Statutes. I
783 understand that the local building official may not
784 review the plans submitted or perform the required
785 building inspections to determine compliance with the
786 applicable codes, except to the extent specified in
787 said law. Instead, plans review and/or required
788 building inspections will be performed by licensed or
789 certified personnel identified in the application. The
790 law requires minimum insurance requirements for such
791 personnel, but I understand that I may require more
792 insurance to protect my interests. By executing this
793 form, I acknowledge that I have made inquiry regarding
794 the competence of the licensed or certified personnel
795 and the level of their insurance and am satisfied that
796 my interests are adequately protected. I agree to
797 indemnify, defend, and hold harmless the local
798 government, the local building official, and their
799 building code enforcement personnel from any and all
800 claims arising from my use of these licensed or
801 certified personnel to perform building code
802 inspection services with respect to the building or
803 structure that is the subject of the enclosed permit
804 application.
805
806 If the fee owner or the fee owner’s contractor makes any changes
807 to the listed private providers or the services to be provided
808 by those private providers, the fee owner or the fee owner’s
809 contractor shall, within 1 business day after any change or
810 within 2 business days before the next scheduled inspection,
811 update the notice to reflect such changes. A change of a duly
812 authorized representative named in the permit application does
813 not require a revision of the permit, and the building code
814 enforcement agency shall not charge a fee for making the change.
815 In addition, the fee owner or the fee owner’s contractor shall
816 post at the project site, before the commencement of
817 construction and updated within 1 business day after any change,
818 on a form to be adopted by the commission, the name, firm,
819 address, telephone number, and facsimile number of each private
820 provider who is performing or will perform building code
821 inspection services, the type of service being performed, and
822 similar information for the primary contact of the private
823 provider on the project.
824 (6) A private provider performing plans review under this
825 section shall review the plans to determine compliance with the
826 applicable codes. Upon determining that the plans reviewed
827 comply with the applicable codes, the private provider shall
828 prepare an affidavit or affidavits on a form reasonably
829 acceptable to the commission certifying, under oath, that the
830 following is true and correct to the best of the private
831 provider’s knowledge and belief:
832 (a) The plans were reviewed by the affiant, who is duly
833 authorized to perform plans review pursuant to this section and
834 holds the appropriate license or certificate.
835 (b) The plans comply with the applicable codes.
836
837 Such affidavit may bear a written or electronic signature and
838 may be submitted electronically to the local building official.
839 (7)
840 (b) If the local building official provides a written
841 notice of plan deficiencies to the permit applicant within the
842 prescribed 20-day period, the 20-day period shall be tolled
843 pending resolution of the matter. To resolve the plan
844 deficiencies, the permit applicant may elect to dispute the
845 deficiencies pursuant to subsection (14) (13) or to submit
846 revisions to correct the deficiencies.
847 (d) If the local building official provides a second
848 written notice of plan deficiencies to the permit applicant
849 within the prescribed time period, the permit applicant may
850 elect to dispute the deficiencies pursuant to subsection (14)
851 (13) or to submit additional revisions to correct the
852 deficiencies. For all revisions submitted after the first
853 revision, the local building official has an additional 5
854 business days from the date of resubmittal to issue the
855 requested permit or to provide a written notice to the permit
856 applicant stating which of the previously identified plan
857 features remain in noncompliance with the applicable codes, with
858 specific reference to the relevant code chapters and sections.
859 (8) A private provider performing required inspections
860 under this section shall inspect each phase of construction as
861 required by the applicable codes. Such inspection may be
862 performed in-person or virtually. The private provider may have
863 shall be permitted to send a duly authorized representative to
864 the building site to perform the required inspections, provided
865 all required reports are prepared by and bear the written or
866 electronic signature of the private provider or the private
867 provider’s duly authorized representative. The duly authorized
868 representative must be an employee of the private provider
869 entitled to receive reemployment assistance benefits under
870 chapter 443. The contractor’s contractual or legal obligations
871 are not relieved by any action of the private provider.
872 (9) A private provider performing required inspections
873 under this section shall provide notice to the local building
874 official of the date and approximate time of any such inspection
875 no later than the prior business day by 2 p.m. local time or by
876 any later time permitted by the local building official in that
877 jurisdiction. The local building official may not prohibit the
878 private provider from performing any inspection outside the
879 local building official’s normal operating hours, including
880 after hours, weekends, or holidays. The local building official
881 may visit the building site as often as necessary to verify that
882 the private provider is performing all required inspections. A
883 deficiency notice must be posted at the job site by the private
884 provider, the duly authorized representative of the private
885 provider, or the building department whenever a noncomplying
886 item related to the building code or the permitted documents is
887 found. Such notice may be physically posted at the job site or
888 electronically posted. After corrections are made, the item must
889 be reinspected by the private provider or representative before
890 being concealed. Reinspection or reaudit fees shall not be
891 charged by the local jurisdiction as a result of the local
892 jurisdiction’s audit inspection occurring before the performance
893 of the private provider’s inspection or for any other
894 administrative matter not involving the detection of a violation
895 of the building code or a permit requirement.
896 (10) If equipment replacements and repairs must be
897 performed in an emergency situation, subject to the emergency
898 permitting provisions of the Florida Building Code, a private
899 provider may perform emergency inspection services without first
900 notifying the local building official pursuant to subsection
901 (9). A private provider must conduct the inspection within 3
902 business days after being contacted to conduct an emergency
903 inspection and must submit the inspection report to the local
904 building official within 1 day after the inspection is
905 completed.
906 (11)(10) Upon completing the required inspections at each
907 applicable phase of construction, the private provider shall
908 record such inspections on a form acceptable to the local
909 building official. The form must bear the written or electronic
910 signature of be signed by the provider or the provider’s duly
911 authorized representative. These inspection records shall
912 reflect those inspections required by the applicable codes of
913 each phase of construction for which permitting by a local
914 enforcement agency is required. The private provider, upon
915 completion of the required inspection before leaving the project
916 site, shall post each completed inspection record, indicating
917 pass or fail, at the site and provide the record to the local
918 building official within 2 business days. Such inspection record
919 may be electronically posted by the private provider or the
920 private provider may post such inspection record physically at
921 the project site. The private provider may electronically
922 transmit the record to the local building official. The local
923 building official may waive the requirement to provide a record
924 of each inspection within 2 business days if the record is
925 electronically posted or posted at the project site and all such
926 inspection records are submitted with the certificate of
927 compliance. Unless the records have been electronically posted,
928 records of all required and completed inspections shall be
929 maintained at the building site at all times and made available
930 for review by the local building official. The private provider
931 shall report to the local enforcement agency any condition that
932 poses an immediate threat to public safety and welfare.
933 (12)(11) Upon completion of all required inspections, the
934 private provider shall prepare a certificate of compliance, on a
935 form acceptable to the local building official, summarizing the
936 inspections performed and including a written representation,
937 under oath, that the stated inspections have been performed and
938 that, to the best of the private provider’s knowledge and
939 belief, the building construction inspected complies with the
940 approved plans and applicable codes. The statement required of
941 the private provider shall be substantially in the following
942 form and shall be signed and sealed by a private provider as
943 established in subsection (1) or may be electronically
944 transmitted to the local building official:
945
946 To the best of my knowledge and belief, the building
947 components and site improvements outlined herein and
948 inspected under my authority have been completed in
949 conformance with the approved plans and the applicable
950 codes.
951
952 (13)(12) No more than 2 business days after receipt of a
953 request for a certificate of occupancy or certificate of
954 completion and the applicant’s presentation of a certificate of
955 compliance and approval of all other government approvals
956 required by law, the local building official shall issue the
957 certificate of occupancy or certificate of completion or provide
958 a notice to the applicant identifying the specific deficiencies,
959 as well as the specific code chapters and sections. If the local
960 building official does not provide notice of the deficiencies
961 within the prescribed 2-day period, the request for a
962 certificate of occupancy or certificate of completion shall be
963 deemed granted and the certificate of occupancy or certificate
964 of completion shall be issued by the local building official on
965 the next business day. To resolve any identified deficiencies,
966 the applicant may elect to dispute the deficiencies pursuant to
967 subsection (14) (13) or to submit a corrected request for a
968 certificate of occupancy or certificate of completion.
969 (15)(14) For the purposes of this section, any notice to be
970 provided by the local building official shall be deemed to be
971 provided to the person or entity when successfully transmitted
972 to the e-mail address facsimile number listed for that person or
973 entity in the permit application or revised permit application,
974 or, if no e-mail address facsimile number is stated, when
975 actually received by that person or entity.
976 (16)(a)(15)(a) A local enforcement agency, local building
977 official, or local government may not adopt or enforce any laws,
978 rules, procedures, policies, qualifications, or standards more
979 stringent than those prescribed by this section.
980 (b) A local enforcement agency, local building official, or
981 local government may establish, for private providers and duly
982 authorized representatives working within that jurisdiction, a
983 system of registration to verify compliance with the licensure
984 requirements of paragraph (1)(n) (1)(j) and the insurance
985 requirements of subsection (17). Such registration must be
986 distinct from the registry of qualified private providers (16).
987 (c) This section does not limit the authority of the local
988 building official to issue a stop-work order for a building
989 project or any portion of the project, as provided by law, if
990 the official determines that a condition on the building site
991 constitutes an immediate threat to public safety and welfare.
992 (21) Notwithstanding any other law, a county, a
993 municipality, a school district, or an independent special
994 district may elect to use a private provider to provide building
995 code inspection services for a public works project, an
996 improvement, a building, or any other structure that is owned by
997 the county, municipality, school district, or independent
998 special district.
999 Section 8. Paragraph (a) of subsection (8) and subsection
1000 (14) of section 553.842, Florida Statutes, are amended to read:
1001 553.842 Product evaluation and approval.—
1002 (8) The commission may adopt rules to approve the following
1003 types of entities that produce information on which product
1004 approvals are based. All of the following entities, including
1005 engineers and architects, must comply with a nationally
1006 recognized standard demonstrating independence or no conflict of
1007 interest:
1008 (a) Evaluation entities approved under pursuant to this
1009 paragraph or that meet the criteria for approval adopted by the
1010 commission by rule. The commission shall specifically approve
1011 the National Evaluation Service, the International Association
1012 of Plumbing and Mechanical Officials Evaluation Service, the
1013 International Code Council Evaluation Services, Underwriters
1014 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
1015 Miami-Dade County Building Code Compliance Office Product
1016 Control Division. Architects and engineers licensed in this
1017 state are also approved to conduct product evaluations as
1018 provided in subsection (5).
1019 (14) The commission shall by rule establish criteria for
1020 revocation of product approvals as well as suspension revocation
1021 of approvals of product evaluation entities, including those
1022 approved pursuant to paragraph (8)(a), and suspension or
1023 revocation of approvals of testing laboratories, quality
1024 assurance entities, certification agencies, and validation
1025 entities. Suspension and revocation is governed by s. 120.60 and
1026 the uniform rules of procedure.
1027 Section 9. Paragraph (a) of subsection (7) of section
1028 553.80, Florida Statutes, is amended to read:
1029 553.80 Enforcement.—
1030 (7)(a) The governing bodies of local governments may
1031 provide a schedule of reasonable fees, as authorized by s.
1032 125.56(2) or s. 166.222 and this section, for enforcing this
1033 part. These fees, and any fines or investment earnings related
1034 to the fees, shall be used solely for carrying out the local
1035 government’s responsibilities in enforcing the Florida Building
1036 Code. When providing a schedule of reasonable fees, the total
1037 estimated annual revenue derived from fees, and the fines and
1038 investment earnings related to the fees, may not exceed the
1039 total estimated annual costs of allowable activities. Any
1040 unexpended balances shall be carried forward to future years for
1041 allowable activities or shall be refunded at the discretion of
1042 the local government. A local government may not carry forward
1043 an amount exceeding the average of its operating budget for
1044 enforcing the Florida Building Code for the previous 4 fiscal
1045 years. For purposes of this subsection, the term “operating
1046 budget” does not include reserve amounts. Any amount exceeding
1047 this limit must be used as authorized in subparagraph 2.
1048 However, a local government which established, as of January 1,
1049 2019, a Building Inspections Fund Advisory Board consisting of
1050 five members from the construction stakeholder community and
1051 carries an unexpended balance in excess of the average of its
1052 operating budget for the previous 4 fiscal years may continue to
1053 carry such excess funds forward upon the recommendation of the
1054 advisory board. The basis for a fee structure for allowable
1055 activities shall relate to the level of service provided by the
1056 local government and shall include consideration for refunding
1057 fees due to reduced services based on services provided as
1058 prescribed by s. 553.791, but not provided by the local
1059 government. Fees charged shall be consistently applied.
1060 1. As used in this subsection, the phrase “enforcing the
1061 Florida Building Code” includes the direct costs and reasonable
1062 indirect costs associated with review of building plans,
1063 building inspections, reinspections, and building permit
1064 processing; building code enforcement; and fire inspections
1065 associated with new construction. The phrase may also include
1066 training costs associated with the enforcement of the Florida
1067 Building Code and enforcement action pertaining to unlicensed
1068 contractor activity to the extent not funded by other user fees.
1069 2. A local government must use any excess funds that it is
1070 prohibited from carrying forward to rebate and reduce fees, or
1071 pay for the construction of a building or structure that houses
1072 a local government’s building code enforcement agency or
1073 provides training programs for building officials, inspectors,
1074 or plans examiners associated with the enforcement of the
1075 Florida Building Code. Excess funds used to construct such a
1076 building or structure must be designated for such purpose by the
1077 local government and may not be carried forward for more than 4
1078 consecutive years.
1079 3. The following activities may not be funded with fees
1080 adopted for enforcing the Florida Building Code:
1081 a. Planning and zoning or other general government
1082 activities.
1083 b. Inspections of public buildings for a reduced fee or no
1084 fee.
1085 c. Public information requests, community functions,
1086 boards, and any program not directly related to enforcement of
1087 the Florida Building Code.
1088 d. Enforcement and implementation of any other local
1089 ordinance, excluding validly adopted local amendments to the
1090 Florida Building Code and excluding any local ordinance directly
1091 related to enforcing the Florida Building Code as defined in
1092 subparagraph 1.
1093 4. A local government shall use recognized management,
1094 accounting, and oversight practices to ensure that fees, fines,
1095 and investment earnings generated under this subsection are
1096 maintained and allocated or used solely for the purposes
1097 described in subparagraph 1.
1098 5. The local enforcement agency, independent district, or
1099 special district may not require at any time, including at the
1100 time of application for a permit, the payment of any additional
1101 fees, charges, or expenses associated with:
1102 a. Providing proof of licensure pursuant to chapter 489;
1103 b. Recording or filing a license issued pursuant to this
1104 chapter;
1105 c. Providing, recording, or filing evidence of workers’
1106 compensation insurance coverage as required by chapter 440; or
1107 d. Charging surcharges or other similar fees not directly
1108 related to enforcing the Florida Building Code.
1109 Section 10. Paragraph (bb) of subsection (1) of section
1110 125.01, Florida Statutes, is amended to read:
1111 125.01 Powers and duties.—
1112 (1) The legislative and governing body of a county shall
1113 have the power to carry on county government. To the extent not
1114 inconsistent with general or special law, this power includes,
1115 but is not restricted to, the power to:
1116 (bb) Enforce the Florida Building Code, as provided in s.
1117 553.80, and adopt and enforce local technical amendments to the
1118 Florida Building Code as provided in s. 553.73(4), pursuant to
1119 s. 553.73(4)(b) and (c).
1120 Section 11. Subsection (1) of section 125.56, Florida
1121 Statutes, is amended to read:
1122 125.56 Enforcement and amendment of the Florida Building
1123 Code and the Florida Fire Prevention Code; inspection fees;
1124 inspectors; etc.—
1125 (1) The board of county commissioners of each of the
1126 several counties of the state may enforce the Florida Building
1127 Code and the Florida Fire Prevention Code, as provided in ss.
1128 553.80, 633.206, and 633.208, and, at its discretion, adopt
1129 local technical amendments to the Florida Building Code as
1130 provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
1131 and local technical amendments to the Florida Fire Prevention
1132 Code as provided in, pursuant to s. 633.202, to provide for the
1133 safe construction, erection, alteration, repair, securing, and
1134 demolition of any building within its territory outside the
1135 corporate limits of any municipality. Upon a determination to
1136 consider amending the Florida Building Code or the Florida Fire
1137 Prevention Code by a majority of the members of the board of
1138 county commissioners of such county, the board shall call a
1139 public hearing and comply with the public notice requirements of
1140 s. 125.66(2). The board shall hear all interested parties at the
1141 public hearing and may then amend the building code or the fire
1142 code consistent with the terms and purposes of this act. Upon
1143 adoption, an amendment to the code shall be in full force and
1144 effect throughout the unincorporated area of such county until
1145 otherwise notified by the Florida Building Commission under
1146 pursuant to s. 553.73 or the State Fire Marshal under pursuant
1147 to s. 633.202. This subsection does not Nothing herein contained
1148 shall be construed to prevent the board of county commissioners
1149 from repealing such amendment to the building code or the fire
1150 code at any regular meeting of such board.
1151 Section 12. This act shall take effect July 1, 2021.
