H 803

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1
2An act relating to building permits and inspections;
3amending s. 125.56, F.S.; providing for expiration of
4certain building permits issued by a county; providing
5construction; amending s. 287.056, F.S.; requiring the
6Department of Management Services to enter into and
7maintain state term contracts for building code
8inspection services; creating s. 468.634, F.S.;
9authorizing individuals to work in specified
10positions, for a specified timeframe, if they meet
11certain requirements; amending s. 489.129, F.S.;
12providing that certain persons are not subject to
13discipline for performing a job without applicable
14permits and inspections if otherwise authorized by
15law; amending s. 553.382, F.S.; prohibiting the
16Department of Business and Professional Regulation
17from denying a building permit for certain residential
18manufactured buildings; requiring that certain housing
19units be taxed in a certain manner; creating s.
20553.385, F.S.; defining the terms "local government"
21and "offsite-constructed residential dwelling";
22requiring that an offsite-constructed residential
23dwelling be permitted as of right in any zoning
24district where certain dwellings are allowed;
25prohibiting a local government from adopting or
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26enforcing a certain zoning, land use, or development
27regulation that treats an offsite-constructed
28residential dwelling differently or more restrictively
29than certain dwellings in the same district; providing
30construction; authorizing a local government to adopt
31compatibility standards for specified architectural
32features; prohibiting a local government from treating
33offsite-constructed residential dwellings differently
34than factory-built buildings based on the method or
35location of construction; prohibiting a local
36government from adopting or enforcing certain zoning,
37land use, or development ordinances or regulations;
38prohibiting local government ordinances or regulations
39from having the effect of excluding offsite-
40constructed residential dwellings; requiring that such
41ordinances or regulations be reasonable and uniformly
42enforced without distinction as to type of housing;
43providing that any such ordinance or regulation is
44void and unenforceable as applied to offsite-
45constructed residential dwellings; amending s. 553.77,
46F.S.; requiring the Florida Building Commission to
47develop uniform commercial and residential building
48permit applications by a specified date; providing
49requirements for a uniform commercial building permit
50application; amending s. 553.79, F.S.; providing for
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51expiration of certain building permits issued by a
52local government; providing construction; providing
53prohibitions for inspection fees; requiring a local
54government to exempt certain owners and contractors
55from building permit requirements for work valued
56below a specified amount; providing exceptions;
57prohibiting a construction project from being divided
58into multiple projects for a certain purpose;
59requiring certain owners and contractors to submit a
60written request for exemption to the local enforcement
61agency with specified documentation; providing that
62local governments do not have a duty to certain
63persons; requiring local governments to exempt certain
64owners and contractors from requiring a building
65permit for the installation of temporary residential
66hurricane and flood protection walls or barriers that
67meet certain requirements; providing an exception;
68requiring certain owners and contractors to submit a
69written request for exemption to the local enforcement
70agency with specified documentation; providing that
71local governments do not have a duty to certain
72persons; authorizing the Florida Building Commission
73to adopt rules; requiring certain local governments to
74issue a building permit for the installation of
75certain retaining walls as a whole; prohibiting such
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76local governments from requiring building permits for
77each lot or parcel under certain circumstances;
78prohibiting a political subdivision from imposing
79certain requirements for glazing on certain proposed
80construction or restoration projects; providing an
81exception; defining the terms "glazing" and "primary
82facade"; amending s. 553.791, F.S.; revising
83definitions and defining terms; requiring explicit
84written authorization from a fee owner for a
85contractor to use a private provider; requiring that
86such authorization be submitted to the local building
87official; deleting the requirement that a contract for
88certain services be in writing; providing that a
89contract for certain services does not need to be
90submitted as part of a permit application; providing
91requirements for reduced permit fees; prohibiting a
92local jurisdiction from charging punitive
93administrative fees or fees for plans review services;
94requiring that certain documents be promptly provided
95to certain persons; requiring local enforcement
96agencies to reduce permit fees by specified
97percentages under certain circumstances; providing
98that a local enforcement agency forfeits the ability
99to collect fees under certain circumstances; requiring
100that a surcharge be calculated based on the reduced
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101permit fee; prohibiting local governments and local
102building officials from requiring additional forms;
103requiring local enforcement agencies to create a
104specified registration system that must have a method
105to register and update registration information
106electronically; prohibiting local enforcement agencies
107from charging an administrative fee to register or
108update registration information; requiring private
109provider firms to register with the local enforcement
110agency, provide certain information, and update their
111registration within a specified timeframe after
112changes occur; prohibiting local enforcement agencies
113from altering a form adopted by the commission;
114deleting the requirement that a private provider's
115qualification statements or resumes be included in a
116certain notice; deleting time restrictions for
117electing to use a private provider; requiring local
118enforcement agencies to accept a certain affidavit
119electronically; providing which forms and documents a
120local building official may review; providing notice
121requirements; providing that certain permits are
122deemed approved; providing that local enforcement
123agencies are not responsible for the administration or
124supervision of services performed by a private
125provider; prohibiting local enforcement agencies from
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126requiring additional verification of certain
127requirements beyond that which is required at
128registration; revising the timeframe in which certain
129records must be provided; authorizing certain records
130to be electronically transmitted; prohibiting local
131building officials from failing certain inspections;
132authorizing certain persons to sign certificates of
133compliance; providing requirements for local building
134officials who have knowledge that a private provider
135failed to perform an inspection; providing that
136virtual inspections may not be prohibited; requiring
137certain notice before an audit; prohibiting certain
138entities from discouraging the use of private
139providers; authorizing certain public entities to use
140a private provider firm or to employ a licensed
141building inspector to provide building code inspection
142services; amending s. 553.792, F.S.; requiring a local
143government to make certain decisions relating to
144certain building permits within a specified timeframe;
145amending s. 720.3035, F.S.; prohibiting an association
146or certain committees from requiring a building permit
147as a prerequisite for a certain review; providing an
148effective date.
149
150    Be It Enacted by the Legislature of the State of Florida:
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152Section 1.  Paragraph (d) of subsection (4) of section
153    125.56, Florida Statutes, is amended to read:
154125.56       Enforcement and amendment of the Florida Building
155    Code and the Florida Fire Prevention Code; inspection fees;
156    inspectors; etc.—
157(4)
158(d)     A county that issues building permits may send a
159    written notice of expiration, by e-mail or United States Postal
160    Service, to the owner of the property and the contractor listed
161    on the permit, no less than 30 days before a building permit is
162    set to expire. The written notice must identify the permit that
163    is set to expire and the date the permit will expire. A building
164    permit issued by a county for a single-family dwelling expires 1
165    year after the issuance of the permit or on the effective date
166    of the next edition of the Florida Building Code, whichever is
167    later. However, this paragraph does not prevent a local
168    government from extending a building permit beyond the
169    expiration date.
170Section 2.  Present subsection (4) of section 287.056,
171    Florida Statutes, is redesignated as subsection (5), and a new
172    subsection (4) is added to that section, to read:
173287.056       Purchases from purchasing agreements and state
174    term contracts; vendor disqualification.—
175(4)     The department shall enter into and maintain one or
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176    more state term contracts with vendors for the purpose of
177    providing building code inspection services as defined in s.
178    553.791.
179Section 3.  Section 468.634, Florida Statutes, is created
180    to read:
181468.634       Certification by endorsement during a state of
182    emergency.—Notwithstanding any other law, a person may act in
183    any of the following positions under the direction of the local
184    building official for a period of 1 year from the date of a
185    declaration of a state of emergency issued by the Governor for a
186    natural emergency, a manmade emergency, or a technological
187    emergency as those terms are defined in s. 252.34, if such
188    person has entered into a state term contract pursuant to s.
189    287.056, is qualified for such work in any state that has a
190    mutual aid agreement pursuant to s. 252.40(2), or has held a
191    valid license for such work in any state for 5 years immediately
192    before the date of the declaration:
193(1)     Building code inspector.
194(2)     Building inspector.
195(3)     Coastal construction inspector.
196(4)     Commercial electrical inspector.
197(5)     Electrical inspector.
198(6)     Mechanical inspector.
199(7)     Plumbing inspector.
200(8)     Residential electrical inspector.
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201(9)     Residential inspector.
202(10)        Plans examiner.
203(11)        Building plans examiner.
204(12)        Plumbing plans examiner.
205(13)        Mechanical plans examiner.
206(14)        Electrical plans examiner.
207Section 4.  Paragraph (o) of subsection (1) of section
208    489.129, Florida Statutes, is amended to read:
209489.129        Disciplinary proceedings.—
210(1)     The board may take any of the following actions
211    against any certificateholder or registrant: place on probation
212    or reprimand the licensee, revoke, suspend, or deny the issuance
213    or renewal of the certificate or registration, require financial
214    restitution to a consumer for financial harm directly related to
215    a violation of a provision of this part, impose an
216    administrative fine not to exceed $10,000 per violation, require
217    continuing education, or assess costs associated with
218    investigation and prosecution, if the contractor, financially
219    responsible officer, or business organization for which the
220    contractor is a primary qualifying agent, a financially
221    responsible officer, or a secondary qualifying agent responsible
222    under s. 489.1195 is found guilty of any of the following acts:
223(o)     Proceeding on any job without obtaining applicable
224    local building department permits and inspections, unless
225    otherwise provided by law.
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226
227    For the purposes of this subsection, construction is considered
228    to be commenced when the contract is executed and the contractor
229    has accepted funds from the customer or lender. A contractor
230    does not commit a violation of this subsection when the
231    contractor relies on a building code interpretation rendered by
232    a building official or person authorized by s. 553.80 to enforce
233    the building code, absent a finding of fraud or deceit in the
234    practice of contracting, or gross negligence, repeated
235    negligence, or negligence resulting in a significant danger to
236    life or property on the part of the building official, in a
237    proceeding under chapter 120.
238Section 5.  Section 553.382, Florida Statutes, is amended
239    to read:
240553.382       Placement of certain housing.—Notwithstanding any
241    other law or ordinance to the contrary, in order to expand the
242    availability of affordable housing in this state, any
243    residential manufactured building that is certified under this
244    chapter by the department may not be denied a building permit
245    for placement be placed on a mobile home lot in a mobile home
246    park, on a lot in a recreational vehicle park, or in a mobile
247    home condominium, cooperative, or subdivision. Any such housing
248    unit placed on a mobile home lot is a mobile home for purposes
249    of chapter 723 and, therefore, all rights, obligations, and
250    duties under chapter 723 apply, including the specifics of the
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251    prospectus. However, a housing unit subject to this section may
252    not be placed on a mobile home lot without the prior written
253    approval of the park owner. Each housing unit located on a
254    mobile home lot and subject to this section shall be taxed as a
255    mobile home under s. 320.08(11) and is subject to payments to
256    the Florida Mobile Home Relocation Fund under s. 723.06116.
257Section 6.  Section 553.385, Florida Statutes, is created
258    to read:
259553.385       Permitting and zoning of offsite-constructed
260    residential dwellings; parity.—
261(1)     As used in this section, the term:
262(a)     "Local government" means a county or municipality.
263(b)     "Offsite-constructed residential dwelling" means a
264    manufactured building as defined in s. 553.36(13) which is
265    intended for single-family residential use, or a manufactured
266    home as defined in s. 320.01(2)(b) which is constructed in whole
267    or in part offsite and is treated as real property.
268(2)(a)       An offsite-constructed residential dwelling must be
269    permitted as of right in any zoning district where single-family
270    detached dwellings are allowed.
271(b)     A local government may not adopt or enforce any
272    zoning, land use, or development regulation that treats an
273    offsite-constructed residential dwelling differently or more
274    restrictively than a single-family site-built dwelling allowed
275    in the same district.
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276(c)      This section does not prohibit a local government from
277    applying generally applicable architectural, aesthetic, design,
278    setback, height, or bulk standards to offsite-constructed
279    residential dwellings, provided such standards apply equally to
280    site-built single-family dwellings permitted in the same
281    district. A local government may adopt compatibility standards
282    that are limited to the following architectural features:
2831.      Roof pitch.
2842.      Square footage of livable space.
2853.      Type and quality of exterior finishing materials.
2864.      Foundation enclosure.
2875.      Existence and type of attached structures.
2886.      Building setbacks, lot dimensions, and the orientation
289    of the home on the lot.
290(d)      A local government may not treat offsite-constructed
291    residential dwellings differently than factory-built buildings
292    subject to s. 553.38 based on the method or location of
293    construction.
294(3)      A local government may not adopt or enforce any
295    zoning, land use, or development ordinance or regulation that
296    conflicts with this section or s. 553.38, or that imposes
297    different or more restrictive treatment on an offsite-
298    constructed residential dwelling based on its method of
299    construction or the presence of components built off site. Local
300    government ordinances or regulations may not have the effect of
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301    excluding offsite-constructed residential dwellings and must be
302    reasonable and uniformly enforced without any distinction as to
303    the type of housing. Any such ordinance or regulation is void
304    and unenforceable as applied to offsite-constructed residential
305    dwellings.
306Section 7.  Present paragraphs (b) through (m) of
307    subsection (1) of section 553.77, Florida Statutes, are
308    redesignated as paragraphs (c) through (n), respectively, a new
309    paragraph (b) is added to that subsection, and present paragraph
310    (c) of that subsection is amended, to read:
311553.77       Specific powers of the commission.—
312(1)     The commission shall:
313(b)     By July 1, 2027, adopt by rule a uniform commercial
314    building permit application to be used statewide for commercial
315    construction projects and a uniform residential building permit
316    application to be used statewide for residential construction
317    projects. To the extent feasible, the uniform commercial
318    building permit application and the uniform residential building
319    permit application adopted by the commission must be capable of
320    integration with existing building permit software systems used
321    by local governments and must account for local amendments to
322    the Florida Building Code.
323(d)(c)       Upon written application by any substantially
324    affected person or a local enforcement agency, issue declaratory
325    statements pursuant to s. 120.565 relating to new technologies,
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326    techniques, and materials which have been tested where necessary
327    and found to meet the objectives of the Florida Building Code.
328    This paragraph does not apply to the types of products,
329    materials, devices, or methods of construction required to be
330    approved under paragraph (g) (f).
331Section 8.  Paragraphs (a), (b), (c), and (f) of subsection
332    (1) and paragraph (a) of subsection (24) of section 553.79,
333    Florida Statutes, are amended, and paragraphs (g), (h), and (i)
334    are added to subsection (1) of that section, to read:
335553.79       Permits; applications; issuance; inspections.—
336(1)(a)       Unless otherwise provided by law, after the
337    effective date of the Florida Building Code adopted as herein
338    provided, it shall be unlawful for any person, firm,
339    corporation, or governmental entity to construct, erect, alter,
340    modify, repair, or demolish any building within this state
341    without first obtaining a permit therefor from the appropriate
342    enforcing agency or from such persons as may, by appropriate
343    resolution or regulation of the authorized state or local
344    enforcing agency, be delegated authority to issue such permits,
345    upon the payment of such reasonable fees adopted by the
346    enforcing agency. The enforcing agency is empowered to revoke
347    any such permit upon a determination by the agency that the
348    construction, erection, alteration, modification, repair, or
349    demolition of the building for which the permit was issued is in
350    violation of, or not in conformity with, the provisions of the
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351    Florida Building Code. Whenever a permit required under this
352    section is denied or revoked because the plan, or the
353    construction, erection, alteration, modification, repair, or
354    demolition of a building, is found by the local enforcing agency
355    to be not in compliance with the Florida Building Code, the
356    local enforcing agency shall identify the specific plan or
357    project features that do not comply with the applicable codes,
358    identify the specific code chapters and sections upon which the
359    finding is based, and provide this information to the permit
360    applicant. A plans reviewer or building code administrator who
361    is responsible for issuing a denial, revocation, or modification
362    request but fails to provide to the permit applicant a reason
363    for denying, revoking, or requesting a modification, based on
364    compliance with the Florida Building Code or local ordinance, is
365    subject to disciplinary action against his or her license
366    pursuant to s. 468.621(1)(i). Installation, replacement,
367    removal, or metering of any load management control device is
368    exempt from and shall not be subject to the permit process and
369    fees otherwise required by this section.
370(b)     A local enforcement agency shall post each type of
371    building permit application, as adopted by the commission,
372    including a list of all required attachments, drawings, or other
373    requirements for each type of application, on its website. A
374    local enforcement agency shall must post and update the status
375    of every received application on its website until the issuance
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376    of the building permit. A local enforcement agency shall allow
377    applicants to submit completed applications, including payments,
378    attachments, drawings, or other requirements or parts of the
379    completed permit application, must be able to be submitted
380    electronically to the appropriate building department. Accepted
381    methods of electronic submission include, but are not limited
382    to, e-mail submission of applications in Portable Document
383    Format or submission of applications through an electronic fill-
384    in form available on the building department's website or
385    through a third-party submission management software. A building
386    official, at his or her discretion, may accept completed
387    applications, including payments, attachments, drawings, or
388    other requirements or parts of the completed permit application,
389    may also be submitted in person in a nonelectronic format, at
390    the discretion of the building official.
391(c)     A local government that issues building permits may
392    send a written notice of expiration, by e-mail or United States
393    Postal Service, to the owner of the property and the contractor
394    listed on the permit, no less than 30 days before a building
395    permit is set to expire. The written notice must identify the
396    permit that is set to expire and the date the permit will
397    expire. A building permit issued by a local government for a
398    single-family dwelling expires 1 year after the issuance of the
399    permit or on the effective date of the next edition of the
400    Florida Building Code, whichever is later. However, this
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401    paragraph does not prevent a local government from extending a
402    building permit beyond the expiration date.
403(f)      A local government may not require a contract between
404    a builder and an owner, any copies of such contract, or any
405    associated document, including, but not limited to, letters of
406    intent, material costs lists, labor costs, or overhead or profit
407    statements, for the issuance of a building permit or as a
408    requirement for the submission of a building permit application.
409    Inspection fees may not be based on the total cost of a project
410    and may not exceed the actual inspection costs incurred by the
411    local enforcement agency.
412(g)1.       A local government that issues building permits
413    shall exempt an owner of a single-family dwelling or the owner's
414    contractor from the requirement to obtain a building permit to
415    perform any work valued at less than $7,500 on the owner's
416    property.
4172.      The exemption under subparagraph 1. does not apply to
418    any of the following:
419a.      Work on a property that is partially or entirely
420    located in a flood hazard area as defined by the Florida
421    Building Code.
422b.      Any electrical, plumbing, structural, mechanical, or
423    gas work performed on property containing a single-family
424    dwelling. A construction project may not be divided into more
425    than one project for the purpose of evading the requirements of
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426    this paragraph.
4273.      To qualify for the exemption under subparagraph 1., the
428    owner or the owner's contractor must submit a written request
429    for exemption to the local enforcement agency with a copy of the
430    contract or other documentation demonstrating the nature and the
431    value of the work to be performed.
4324.      A local government has no legal duty to the owner,
433    contractor, or successors or assigns thereof for exempted work
434    performed under this paragraph.
435(h)1.       A local government that issues building permits
436    shall exempt an owner of a single-family dwelling or the owner's
437    contractor from the requirement to obtain a building permit for
438    the installation of temporary residential hurricane and flood
439    protection walls or barriers that meet all of the following
440    conditions:
441a.      The wall or barrier is nonhabitable and non-load-
442    bearing.
443b.      The wall or barrier is installed on the residential
444    property of a single-family or two-family dwelling or townhouse.
445c.      The wall or barrier is constructed to mitigate or
446    prevent storm surge or floodwaters from entering a structure or
447    property.
448d.      The wall or barrier is installed by a contractor
449    licensed under part I of chapter 489.
450e.      The wall or barrier complies with applicable local
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451    zoning, drainage, easement, and setback requirements.
4522.      The exemption under subparagraph 1. does not apply to
453    work on a property that is partially or entirely located in a
454    flood hazard area as defined by the Florida Building Code.
4553.      To qualify for the exemption under subparagraph 1., the
456    owner or the owner's contractor must submit a written request
457    for exemption to the local enforcement agency with a copy of the
458    contract or other documentation demonstrating the nature of the
459    work to be performed.
4604.      A local government has no legal duty to the owner,
461    contractor, or successors or assigns thereof for work performed
462    under this paragraph.
4635.      The commission may adopt rules under s. 120.54 to
464    incorporate necessary standards to implement this paragraph.
465(i)      If a retaining wall spans more than one lot or parcel,
466    a local government that issues building permits must issue a
467    permit for a retaining wall for the project as a whole and may
468    not require a building permit for each lot or parcel upon which
469    a retaining wall is installed on the property of a single-family
470    or two-family residential dwelling or a townhouse.
471(24)(a)       A political subdivision of this state may not
472    adopt or enforce any ordinance or impose any building permit or
473    other development order requirement that:
4741.      Contains any building, construction, or aesthetic
475    requirement or condition that conflicts with or impairs
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476    corporate trademarks, service marks, trade dress, logos, color
477    patterns, design scheme insignia, image standards, or other
478    features of corporate branding identity on real property or
479    improvements thereon used in activities conducted under chapter
480    526 or in carrying out business activities defined as a
481    franchise by Federal Trade Commission regulations in 16 C.F.R.
482    ss. 436.1, et. seq.; or
4832.      Imposes any requirement on the design, construction, or
484    location of signage advertising the retail price of gasoline in
485    accordance with the requirements of ss. 526.111 and 526.121
486    which prevents the signage from being clearly visible and
487    legible to drivers of approaching motor vehicles from a vantage
488    point on any lane of traffic in either direction on a roadway
489    abutting the gas station premises and meets height, width, and
490    spacing standards for Series C, D, or E signs, as applicable,
491    published in the latest edition of Standard Alphabets for
492    Highway Signs published by the United States Department of
493    Commerce, Bureau of Public Roads, Office of Highway Safety; or
4943.      Imposes a glazing requirement that results in the
495    glazing of more than 15 percent of the surface area of the
496    primary facade for the first 10 feet above the ground floor for
497    a proposed new commercial or mixed-use construction or
498    restoration project, except for individually listed contributing
499    structures in a National Register of Historic Places district.
500    For purposes of this subparagraph, the term:
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501a.      "Glazing" means the installation of transparent or
502    translucent materials, including glass or similar substances, in
503    windows, doors, or storefronts. The term includes any actual or
504    faux windows to be installed on a building facade.
505b.      "Primary facade" means the single building side housing
506    the primary entrance to the building.
507Section 9.  Section 553.791, Florida Statutes, is amended
508    to read:
509553.791       Alternative plans review and inspection.—
510(1)      As used in this section, the term:
511(a)      "Applicable codes" means the Florida Building Code and
512    any local technical amendments to the Florida Building Code but
513    does not include the applicable minimum fire prevention and
514    firesafety codes adopted pursuant to chapter 633.
515(b)      "Audit" means the process to confirm that the building
516    code inspection services have been performed by the private
517    provider, including ensuring that the required affidavit for the
518    plan review has been properly completed and submitted with the
519    permit documents and that the minimum mandatory inspections
520    required under the building code have been performed and
521    properly recorded. The local building official may not replicate
522    the plan review or inspection being performed by the private
523    provider, unless expressly authorized by this section.
524(c)      "Building" means any construction, erection,
525    alteration, demolition, or improvement of, or addition to, any
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526    structure or site work for which permitting by a local
527    enforcement agency is required.
528(d)     "Building code inspection services" means those
529    services described in s. 468.603(5) and (8) involving the review
530    of building plans as well as those services involving the review
531    of site plans and site work engineering plans or their
532    functional equivalent, to determine compliance with applicable
533    codes and those inspections required by law, conducted either in
534    person or virtually, of each phase of construction for which
535    permitting by a local enforcement agency is required to
536    determine compliance with applicable codes.
537(e)     "Deliver" or "delivery" means any method of delivery
538    used in conventional business or commercial practice, including
539    delivery by electronic transmissions such as e-mail or
540    submission through an electronic fill-in form available on the
541    building department's website or through a third-party
542    submission management software.
543(f)     "Duly authorized representative" means an agent of the
544    private provider identified in the permit application who
545    reviews plans or performs inspections as provided by this
546    section and who is licensed as an engineer under chapter 471 or
547    as an architect under chapter 481 or who holds a standard or
548    provisional certificate under part XII of chapter 468. A duly
549    authorized representative who only holds a provisional
550    certificate under part XII of chapter 468 must be under the
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551    direct supervision of a person licensed as a building code
552    administrator under part XII of chapter 468.
553(g)     "Electronic signature" means any letters, characters,
554    or symbols manifested by electronic or similar means which are
555    executed or adopted by a party with an intent to authenticate a
556    writing or record.
557(h)     "Electronic transmission" or "submitted
558    electronically" means any form or process of communication not
559    directly involving the physical transfer of paper or another
560    tangible medium which is suitable for the retention, retrieval,
561    and reproduction of information by the recipient and is
562    retrievable in paper form by the receipt through an automated
563    process. All notices, documents, and applications provided for
564    in this section may be transmitted electronically and shall have
565    the same legal effect as if physically posted or mailed.
566(i)     "Electronically posted" means providing notices of
567    decisions, results, or records, including inspection records,
568    through the use of a website or other form of electronic
569    communication used to transmit or display information.
570(j)     "Immediate threat to public safety and welfare" means
571    a building code violation that, if allowed to persist,
572    constitutes an immediate hazard that could result in death,
573    serious bodily injury, or significant property damage. This
574    paragraph does not limit the authority of the local building
575    official to issue a Notice of Corrective Action at any time
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576    during the construction of a building project or any portion of
577    such project if the official determines that a condition of the
578    building or portion thereof may constitute a hazard when the
579    building is put into use following completion as long as the
580    condition cited is shown to be in violation of the building code
581    or approved plans.
582(k)      "Local building official" means the individual within
583    the governing jurisdiction responsible for direct regulatory
584    administration or supervision of plans review, enforcement, and
585    inspection of any construction, erection, alteration,
586    demolition, or substantial improvement of, or addition to, any
587    structure for which permitting is required to indicate
588    compliance with applicable codes and includes any duly
589    authorized designee of such person.
590(l)      "Permit application" means a properly completed and
591    submitted application for the requested building or construction
592    permit, including:
5931.      The plans reviewed by the private provider, or in the
594    case of a single-trade plans review where a private provider
595    uses an automated or software-based plans review system pursuant
596    to subsection (7) (6), the information reviewed by the automated
597    or software-based plans review system to determine compliance
598    with one or more applicable codes.
5992.      The affidavit from the private provider required under
600    subsection (7) (6).
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6013.      Any applicable fees.
6024.      Any documents required by the local building official
603    to determine that the fee owner has secured all other government
604    approvals required by law.
605(m)      "Plans" means building plans, site engineering plans,
606    or site plans, or their functional equivalent, submitted by a
607    fee owner or fee owner's contractor to a private provider or
608    duly authorized representative for review.
609(n)      "Private provider" means a person licensed as a
610    building code administrator under part XII of chapter 468, as an
611    engineer under chapter 471, or as an architect under chapter
612    481. For purposes of performing inspections under this section
613    for additions and alterations that are limited to 1,000 square
614    feet or less to residential buildings, the term "private
615    provider" also includes a person who holds a standard
616    certificate under part XII of chapter 468.
617(o)      "Private provider firm" means a business organization,
618    including a corporation, partnership, business trust, or other
619    legal entity, which offers services under this chapter to the
620    public through licensees who are acting as agents, employees,
621    officers, or partners of the firm. A person who is licensed as a
622    building code administrator under part XII of chapter 468, an
623    engineer under chapter 471, or an architect under chapter 481
624    may act as a private provider for an agent, employee, or officer
625    of the private provider firm.
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626(p)      "Registration" means the roster of authorized private
627    provider firms held by each local enforcement agency.
628(q)(p)       "Request for certificate of occupancy or
629    certificate of completion" means a properly completed and
630    executed application for:
6311.      A certificate of occupancy or certificate of
632    completion.
6332.      A certificate of compliance from the private provider
634    required under subsection (15) (13).
6353.      Any applicable fees.
6364.      Any documents required by the local building official
637    to determine that the fee owner has secured all other government
638    approvals required by law.
639(r)(q)       "Single-trade inspection" or "single-trade plans
640    review" means any inspection or plans review focused on a single
641    construction trade, such as plumbing, mechanical, or electrical.
642    The term includes, but is not limited to, inspections or plans
643    reviews of door or window replacements; fences and block walls
644    more than 6 feet high from the top of the wall to the bottom of
645    the footing; stucco or plastering; reroofing with no structural
646    alteration; solar energy and energy storage installations or
647    alterations; HVAC replacements; ductwork or fan replacements;
648    alteration or installation of wiring, lighting, and service
649    panels; water heater changeouts; sink replacements; and
650    repiping.
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651(s)(r)       "Site work" means the portion of a construction
652    project that is not part of the building structure, including,
653    but not limited to, grading, excavation, landscape irrigation,
654    and installation of driveways.
655(t)(s)       "Stop-work order" means the issuance of any written
656    statement, written directive, or written order which states the
657    reason for the order and the conditions under which the cited
658    work will be permitted to resume.
659(2)(a)       Notwithstanding any other law or local government
660    ordinance or local policy, the fee owner of a building or
661    structure, or the fee owner's contractor upon explicit written
662    authorization from the fee owner, may choose at any time to use
663    a private provider to provide plans review or building code
664    inspection services with regard to such building or structure
665    and may make payment directly to the private provider for the
666    provision of such services. All such services shall be the
667    subject of a written contract between the private provider, or
668    the private provider's firm, and the fee owner or the fee
669    owner's contractor, upon explicit written authorization of the
670    fee owner. A copy of such written authorization must be
671    submitted to the local building official. The local enforcement
672    agency may not require the contract to be provided as part of
673    the permit application or as a condition for issuing a permit.
674    The fee owner may elect to use a private provider to provide
675    plans review or required building inspections, or both. However,
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676    if the fee owner or the fee owner's contractor uses a private
677    provider to provide plans review, the local building official,
678    in his or her discretion and pursuant to duly adopted policies
679    of the local enforcement agency, may require the fee owner or
680    the fee owner's contractor to use a private provider to also
681    provide required building inspections.
682(b)     If a fee an owner or the fee owner's contractor
683    retains a private provider for purposes of plans review or
684    building inspection services, the local jurisdiction must reduce
685    the permit fee by the amount of cost savings realized by the
686    local enforcement agency for not having to perform such
687    services. Such reduction may be calculated on a flat fee or
688    percentage basis, or any other reasonable means by which a local
689    enforcement agency assesses the cost for its plans review or
690    inspection services. The permit fee must be based on the cost
691    incurred by the local jurisdiction, including the labor cost of
692    the personnel providing such services and the clerical and
693    supervisory assistance required to comply with this section. The
694    local jurisdiction may not charge fees for plans review or
695    building inspections if the fee owner or the fee owner's
696    contractor hires a private provider to perform such services.
697    The local enforcement agency may not charge punitive
698    administrative fees when a fee owner has chosen to work with a
699    private provider; however, the local jurisdiction may charge a
700    reasonable administrative fee, which shall be based on the cost
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701    that is actually incurred, including the labor cost of the
702    personnel providing the service, by the local jurisdiction or
703    attributable to the local jurisdiction for the clerical and
704    supervisory assistance required, or both.
705(c)     If a fee an owner or the fee owner's a contractor
706    retains a private provider for purposes of plans review or
707    building inspection services, the local jurisdiction must
708    provide equal access to all permitting and inspection documents
709    and reports to the private provider, owner, and contractor if
710    such access is provided by software that protects exempt records
711    from disclosure. Access to these documents must be promptly
712    provided.
713(d)     If a fee owner or the fee owner's contractor retains a
714    private provider for purposes of plans review or building
715    inspection services for a commercial construction project, the
716    local enforcement agency must reduce the permit fee by at least
717    25 percent of the portion of the permit fee attributable to
718    plans review or building inspection services, as applicable. If
719    the fee owner or the fee owner's contractor retains a private
720    provider for all required plans review and building inspection
721    services, the local enforcement agency must reduce the total
722    permit fee by at least 50 percent of the amount otherwise
723    charged for such services. If the local enforcement agency does
724    not reduce such fee by at least the percentages provided in this
725    paragraph, the local enforcement agency forfeits the ability to
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726    collect any fees for the commercial construction project. The
727    surcharge required by s. 553.721 must be calculated based on the
728    amount of the reduced permit fee. This paragraph does not
729    prohibit a local enforcement agency from reducing a permit fee
730    in excess of the percentages provided in this paragraph.
731(e)     A local government or local building official may not
732    require additional forms beyond those required at registration,
733    except for the written notice required under subsection (5), if
734    a fee owner or the fee owner's contractor uses a private
735    provider.
736(3)     A private provider and any duly authorized
737    representative may only perform building code inspection
738    services that are within the disciplines covered by that
739    person's licensure or certification under chapter 468, chapter
740    471, or chapter 481, including single-trade inspections. A
741    private provider may not provide building code inspection
742    services pursuant to this section upon any building designed or
743    constructed by the private provider or the private provider's
744    firm.
745(4)     A local enforcement agency must create a registration
746    system for private providers and private provider firms working
747    in the local enforcement agency's jurisdiction. A local
748    enforcement agency must have a method to register and update
749    registration information electronically. The local enforcement
750    agency may not charge an administrative fee for registration or
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751    updates to a registration. The private provider or private
752    provider firm must provide its contact information and verify
753    compliance with the licensure requirements of paragraph (1)(n)
754    or paragraph (1)(o), as applicable, and the insurance
755    requirements of subsection (20). The private provider or private
756    provider firm must register with the local enforcement agency in
757    the jurisdiction in which the provider or firm is working before
758    contracting to provide services in such jurisdiction. The
759    private provider or private provider firm must update its
760    registration within 5 business days after any change to the
761    provider's or firm's contact information, licensure, or
762    insurance coverage.
763(5)(4)       A fee owner or the fee owner's contractor using a
764    private provider to provide building code inspection services
765    shall notify the local building official in writing at the time
766    of permit application, or by 2 p.m. local time, 2 business days
767    before the first scheduled inspection by the local building
768    official or building code enforcement agency that a private
769    provider has been contracted to perform the required inspections
770    of construction under this section, including single-trade
771    inspections, on a form to be adopted by the commission. The
772    local enforcement agency may not alter the form. This notice
773    must shall include the following information:
774(a)     The services to be performed by the private provider.
775(b)     The name, firm, address, telephone number, and e-mail
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776    address of each private provider who is performing or will
777    perform such services, his or her professional license or
778    certification number, qualification statements or resumes, and,
779    if required by the local building official, a certificate of
780    insurance demonstrating that professional liability insurance
781    coverage is in place for the private provider's firm, the
782    private provider, and any duly authorized representative in the
783    amounts required by this section.
784(c)     An acknowledgment from the fee owner or the fee
785    owner's contractor in substantially the following form:
786
787I have elected to use one or more private providers to
788provide building code plans review and/or inspection
789services on the building or structure that is the
790subject of the enclosed permit application, as
791authorized by s. 553.791, Florida Statutes. I
792understand that the local building official may not
793review the plans submitted or perform the required
794building inspections to determine compliance with the
795applicable codes, except to the extent specified in
796said law. Instead, plans review and/or required
797building inspections will be performed by licensed or
798certified personnel identified in the application. The
799law requires minimum insurance requirements for such
800personnel, but I understand that I may require more
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801insurance to protect my interests. By executing this
802form, I acknowledge that I have made inquiry regarding
803the competence of the licensed or certified personnel
804and the level of their insurance and am satisfied that
805my interests are adequately protected. I agree to
806indemnify, defend, and hold harmless the local
807government, the local building official, and their
808building code enforcement personnel from any and all
809claims arising from my use of these licensed or
810certified personnel to perform building code
811inspection services with respect to the building or
812structure that is the subject of the enclosed permit
813application.
814
815    If the fee owner or the fee owner's contractor makes any changes
816    to the listed private providers or the services to be provided
817    by those private providers, the fee owner or the fee owner's
818    contractor shall, within 1 business day after any change or
819    within 2 business days before the next scheduled inspection,
820    update the notice to reflect such changes. A change of a duly
821    authorized representative named in the permit application does
822    not require a revision of the permit, and the building code
823    enforcement agency shall not charge a fee for making the change.
824(6)(5)       After construction has commenced and if either the
825    local building official is unable to provide inspection services
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826    in a timely manner or the work subject to inspection is related
827    to a single-trade inspection for a single-family or two-family
828    dwelling, the fee owner or the fee owner's contractor may elect
829    to use a private provider to provide inspection services for a
830    single-trade inspection for a single-family or two-family
831    dwelling by notifying the local building official of the owner's
832    or contractor's intention to do so by 2 p.m. local time, 2
833    business days before the next scheduled inspection using the
834    notice provided for in paragraphs (5)(a), (b), and (c) (4)(a)-
835    (c).
836(7)(6)       A private provider performing plans review under
837    this section shall review the plans to determine compliance with
838    the applicable codes. For single-trade plans reviews, a private
839    provider may use an automated or software-based plans review
840    system designed to determine compliance with one or more
841    applicable codes, including, but not limited to, the National
842    Electrical Code and the Florida Building Code. Upon determining
843    that the plans reviewed comply with the applicable codes, the
844    private provider shall prepare an affidavit or affidavits
845    certifying, under oath, that the following is true and correct
846    to the best of the private provider's knowledge and belief:
847(a)     The plans were reviewed by the affiant, who is duly
848    authorized to perform plans review pursuant to this section and
849    holds the appropriate license or certificate.
850(b)     The plans comply with the applicable codes.
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851
852    Such affidavit may bear a written or electronic signature and
853    may be submitted electronically to the local building official.
854    A local enforcement agency must accept electronically submitted
855    affidavits.
856(8)(a)       The local building official may not review plans,
857    construction drawings, or any other related documents determined
858    by a private provider to be compliant with the applicable codes,
859    except to the extent necessary to determine compliance with
860    local ordinances, floodplain management regulations, site review
861    requirements, and any other administrative or life-safety review
862    unrelated to building code compliance.
863(b)     The local building official may review other forms and
864    documents required under this section for completeness only. The
865    local building official must provide written notice to a permit
866    applicant of any incomplete forms or documents required under
867    this section no later than 10 business days after receipt of a
868    permit application or, if the permit application is relating to
869    a single-trade plans review for a single-family or two-family
870    dwelling, no later than 5 business days after receipt of a
871    permit application, and an affidavit from the private provider
872    as required in subsection (7). The written notice must state
873    with specificity which forms or documents are incomplete.
874(7)(a)       No more than 20 business days, or if the permit
875    application is related to a single-trade plans review for a
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876    single-family or two-family dwelling, no more than 5 business
877    days, after receipt of a permit application and the affidavit
878    from the private provider required pursuant to subsection (6),
879    the local building official shall issue the requested permit or
880    provide a written notice to the permit applicant identifying the
881    specific plan features that do not comply with the applicable
882    codes, as well as the specific code chapters and sections. If
883    the local building official does not provide such a written
884    notice of the plan deficiencies within the prescribed time
885    period, the permit application must be deemed approved as a
886    matter of law, and the permit must be issued by the local
887    building official on the next business day.
888(c)(b)       If the local building official provides a written
889    notice of plan deficiencies to the permit applicant of any
890    incomplete forms or documents required under this section at the
891    time of plan submission within the prescribed time period, such
892    the time period is tolled pending resolution of the matter. To
893    resolve the issues raised in the notice plan deficiencies, the
894    permit applicant may elect to dispute the issues deficiencies
895    pursuant to subsection (17) (15) or to submit revisions to
896    correct the issues deficiencies.
897(d)(c)       If the permit applicant submits revisions, the
898    local building official has the remainder of the tolled 10-day
899    or 5-day time period plus 5 business days after the date of
900    resubmittal to issue the requested permit or to provide a second
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901    written notice to the permit applicant stating which of the
902    previously identified forms or documents plan features remain
903    incomplete in noncompliance with the applicable codes, with
904    specific reference to the relevant code chapters and sections.
905    Any subsequent review by the local building official is limited
906    to the issues deficiencies cited in the original written notice.
907    If the local building official does not provide the second
908    written notice within the prescribed time period, the permit
909    must be deemed approved as a matter of law, and the local
910    building official must issue the permit on the next business
911    day.
912(e)(d)       If the local building official provides a second
913    written notice of plan deficiencies to the permit applicant
914    within the prescribed time period, the permit applicant may
915    elect to dispute the issues raised in the second notice
916    deficiencies pursuant to subsection (17) (15) or to submit
917    additional revisions to correct the issues deficiencies. For all
918    revisions submitted after the first revision, the local building
919    official has an additional 5 business days after the date of
920    resubmittal to issue the requested permit or to provide a
921    written notice to the permit applicant stating which of the
922    previously identified forms or documents plan features remain
923    incomplete. If the local building official does not provide the
924    notice within the prescribed time period, the permit must be
925    deemed approved as a matter of law, and the local building
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926    official must issue the permit on the next business day in
927    noncompliance with the applicable codes, with specific reference
928    to the relevant code chapters and sections.
929(9)(8)       A private provider performing required inspections
930    under this section shall inspect each phase of construction as
931    required by the applicable codes. Such inspection, including a
932    single-trade inspection, may be performed in person or
933    virtually. The private provider may have a duly authorized
934    representative perform the required inspections, provided all
935    required reports are prepared by and bear the written or
936    electronic signature of the private provider or the private
937    provider's duly authorized representative. The duly authorized
938    representative must be an employee of the private provider
939    entitled to receive reemployment assistance benefits under
940    chapter 443. The contractor's contractual or legal obligations
941    are not relieved by any action of the private provider.
942(10)(9)       A private provider performing required inspections
943    under this section shall provide notice to the local building
944    official of the approximate date and time of any such
945    inspection. The local building official may not prohibit the
946    private provider from performing any inspection outside the
947    local building official's normal operating hours, including
948    after hours, weekends, or holidays. The local building official
949    may visit the building site as often as necessary to verify that
950    the private provider is performing all required inspections. A
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951    deficiency notice must be posted by the private provider, the
952    duly authorized representative of the private provider, or the
953    building department whenever a noncomplying item related to the
954    building code or the permitted documents is found. Such notice
955    may be physically posted at the job site or electronically
956    posted. After corrections are made, the item must be reinspected
957    by the private provider or the representative of the private
958    provider before being concealed. Reinspection or reaudit fees
959    shall not be charged by The local jurisdiction may not charge
960    reinspection or reaudit fees as a result of the local
961    jurisdiction's audit inspection occurring before the performance
962    of the private provider's inspection or for any other
963    administrative matter not involving the detection of a violation
964    of the building code or a permit requirement.
965(11)        A local enforcement agency is not responsible for the
966    regulatory administration or supervision of building code
967    inspection services performed by a private provider hired by a
968    fee owner or the fee owner's contractor. A local enforcement
969    agency may not require additional verification of licensure or
970    insurance requirements beyond that which is required at
971    registration.
972(12)(10)  If the private provider is a person licensed as
973    an engineer under chapter 471 or an architect under chapter 481
974    and affixes his or her professional seal to the affidavit
975    required under subsection (7) (6), the local building official
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976     must issue the requested permit or provide a written notice to
977     the permit applicant identifying the specific plan features that
978     do not comply with the applicable codes, as well as the specific
979     code chapters and sections, within 10 business days after
980     receipt of the permit application and affidavit. In such written
981     notice, the local building official must provide with
982     specificity the plan's deficiencies, the reasons the permit
983     application failed, and the applicable codes being violated. If
984     the local building official does not provide specific written
985     notice to the permit applicant within the prescribed 10-day
986     period, the permit application is deemed approved as a matter of
987     law, and the local building official must issue the permit on
988     the next business day.
989(13)(11)  If equipment replacements and repairs must be
990     performed in an emergency situation, subject to the emergency
991     permitting provisions of the Florida Building Code, a private
992     provider may perform emergency inspection services without first
993     notifying the local building official pursuant to subsection
994     (9). A private provider must conduct the inspection within 3
995     business days after being contacted to conduct an emergency
996     inspection and must submit the inspection report to the local
997     building official within 1 day after the inspection is
998     completed.
999(14)(12)  Upon completing the required inspections at each
1000      applicable phase of construction, the private provider shall
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1001      record such inspections on a form provided by the commission
1002      acceptable to the local building official. The form must bear
1003      the written or electronic signature of the private provider or
1004      the private provider's duly authorized representative. These
1005      inspection records must shall reflect those inspections required
1006      by the applicable codes of each phase of construction for which
1007      permitting by a local enforcement agency is required. The
1008      private provider, upon completion of the required inspection,
1009      shall post each completed inspection record, indicating pass or
1010      fail, and provide the record to the local building official
1011      within 4 2 business days. Such inspection record may be
1012      electronically posted by the private provider, or the private
1013      provider may post such inspection record physically at the
1014      project site. The private provider may electronically transmit
1015      the record to the local building official. The local building
1016      official may waive the requirement to provide a record of each
1017      inspection within 4 2 business days if the record is
1018      electronically posted or transmitted or posted at the project
1019      site and all such inspection records are submitted with the
1020      certificate of compliance. Unless the records have been
1021      electronically posted or transmitted, records of all required
1022      and completed inspections shall be maintained at the building
1023      site at all times and made available for review by the local
1024      building official. A local building official may not fail any
1025      inspection performed by a private provider for not having the
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1026      inspection records at the job site if the inspection records
1027      have been electronically transmitted to the local building
1028      official within the 4-business-day requirement. The private
1029      provider shall report to the local enforcement agency any
1030      condition that poses an immediate threat to public safety and
1031      welfare.
1032  (15)(13)  Upon completion of all required inspections, the
1033      private provider firm shall prepare a certificate of compliance,
1034      on a form provided by the commission acceptable to the local
1035      building official, summarizing the inspections performed and
1036      including a written representation, under oath, that the stated
1037      inspections have been performed and that, to the best of the
1038      private provider's knowledge and belief, the building
1039      construction inspected complies with the approved plans and
1040      applicable codes. The certificate of compliance may be signed by
1041      any qualified licensed individual employed full time by the
1042      private provider firm under whose authority the inspection was
1043      completed. The statement required of the private provider shall
1044      be substantially in the following form and shall be signed and
1045      sealed by a private provider as established in subsection (1) or
1046      may be electronically transmitted to the local building
1047      official:
1048
1049  To the best of my knowledge and belief, the building
1050  components and site improvements outlined herein and
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1051  inspected under my authority have been completed in
1052  conformance with the approved plans and the applicable
1053  codes.
1054
1055  (16)(a)(14)(a)  The local building official may only
1056      perform building inspections of construction that a private
1057      provider has determined to be compliant with the applicable
1058      codes if the local building official has knowledge that the
1059      private provider did not perform the required inspections. If
1060      the local building official has such knowledge, the local
1061      building official must provide to the private provider written
1062      notice of the facts and circumstances upon which the local
1063      building official relied for such knowledge before performing a
1064      required inspection. The local building official may review
1065      forms and documents required under this section for completeness
1066      only. No more than 10 business days, or if the permit is related
1067      to single-family or two-family dwellings then no more than 2
1068      business days, after receipt of a request for a certificate of
1069      occupancy or certificate of completion and the applicant's
1070      presentation of a certificate of compliance and approval of all
1071      other government approvals required by law, including the
1072      payment of all outstanding fees, the local building official
1073      shall issue the certificate of occupancy or certificate of
1074      completion or provide a notice to the applicant of any
1075      incomplete forms or documents required under this section
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1076      identifying the specific deficiencies, as well as the specific
1077      code chapters and sections.
1078  (b)     If the local building official does not provide notice
1079      of any incomplete forms or documents the deficiencies within the
1080      applicable time periods under paragraph (a), the request for a
1081      certificate of occupancy or certificate of completion is
1082      automatically granted and deemed issued as of the next business
1083      day. The local building official must provide the applicant with
1084      the written certificate of occupancy or certificate of
1085      completion within 10 days after it is automatically granted and
1086      issued. To resolve any identified issues deficiencies, the
1087      applicant may elect to dispute the issues deficiencies pursuant
1088      to subsection (17) (15) or to submit a corrected request for a
1089      certificate of occupancy or certificate of completion.
1090  (17)(15)  If the local building official determines that
1091      the building construction or plans do not comply with the
1092      applicable codes, the official may deny the permit or request
1093      for a certificate of occupancy or certificate of completion, as
1094      appropriate, or may issue a stop-work order for the project or
1095      any portion thereof as provided by law, if the official
1096      determines that the noncompliance poses an immediate threat to
1097      public safety and welfare, subject to the following:
1098  (a)     The local building official shall be available to meet
1099      with the private provider within 2 business days to resolve any
1100      dispute after issuing a stop-work order or providing notice to
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1101      the applicant denying a permit or request for a certificate of
1102      occupancy or certificate of completion.
1103  (b)     If the local building official and private provider
1104      are unable to resolve the dispute, the matter shall be referred
1105      to the local enforcement agency's board of appeals, if one
1106      exists, which shall consider the matter at its next scheduled
1107      meeting or sooner. Any decisions by the local enforcement
1108      agency's board of appeals, or local building official if there
1109      is no board of appeals, may be appealed to the commission as
1110      provided by this chapter.
1111  (c)     Notwithstanding any provision of this section, any
1112      decisions regarding the issuance of a building permit,
1113      certificate of occupancy, or certificate of completion may be
1114      reviewed by the local enforcement agency's board of appeals, if
1115      one exists. Any decision by the local enforcement agency's board
1116      of appeals, or local building official if there is no board of
1117      appeals, may be appealed to the commission as provided by this
1118      chapter, which shall consider the matter at the commission's
1119      next scheduled meeting.
1120  (18)(16)  For the purposes of this section, any notice to
1121      be provided by the local building official shall be deemed to be
1122      provided to the person or entity when successfully transmitted
1123      to the e-mail address listed for that person or entity in the
1124      permit application or revised permit application, or, if no e-
1125      mail address is stated, when actually received by that person or
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1126      entity.
1127  (19)(a)(17)(a)  A local enforcement agency, local building
1128      official, or local government may not adopt or enforce any laws,
1129      rules, procedures, policies, qualifications, or standards more
1130      stringent than those prescribed by this section.
1131  (b)     A local enforcement agency, local building official,
1132      or local government may establish, for private providers,
1133      private provider firms, and duly authorized representatives
1134      working within that jurisdiction, a system of registration to
1135      verify compliance with the licensure requirements of paragraph
1136      (1)(n) and the insurance requirements of subsection (18).
1137  (b)(c)       This section does not limit the authority of the
1138      local building official to issue a stop-work order for a
1139      building project or any portion of the project, as provided by
1140      law, if the official determines that a condition on the building
1141      site constitutes an immediate threat to public safety and
1142      welfare.
1143  (c)     A local enforcement agency may not prohibit or limit
1144      private providers from using virtual inspections if a virtual
1145      inspection is not prohibited by any applicable code.
1146  (20)(18)  A private provider may perform building code
1147      inspection services on a building project under this section
1148      only if the private provider maintains insurance for
1149      professional liability covering all services performed as a
1150      private provider. Such insurance shall have minimum policy
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1151      limits of $1 million per occurrence and $2 million in the
1152      aggregate for any project with a construction cost of $5 million
1153      or less and $2 million per occurrence and $4 million in the
1154      aggregate for any project with a construction cost of over $5
1155      million. Nothing in this section limits the ability of a fee
1156      owner to require additional insurance or higher policy limits.
1157      For these purposes, the term "construction cost" means the total
1158      cost of building construction as stated in the building permit
1159      application. If the private provider chooses to secure claims-
1160      made coverage to fulfill this requirement, the private provider
1161      must also maintain coverage for a minimum of 5 years after
1162      subsequent to the performance of building code inspection
1163      services. The insurance required under this subsection shall be
1164      written only by insurers authorized to do business in this state
1165      with a minimum A.M. Best's rating of A. Before providing
1166      building code inspection services within a local building
1167      official's jurisdiction, a private provider must provide to the
1168      local building official a certificate of insurance evidencing
1169      that the coverages required under this subsection are in force.
1170  (21)(19)  When performing building code inspection
1171      services, a private provider is subject to the disciplinary
1172      guidelines of the applicable professional board with
1173      jurisdiction over his or her license or certification under
1174      chapter 468, chapter 471, or chapter 481. All private providers
1175      shall be subject to the disciplinary guidelines of s.
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1176      468.621(1)(c)-(h). Any complaint processing, investigation, and
1177      discipline that arise out of a private provider's performance of
1178      building code inspection services shall be conducted by the
1179      applicable professional board.
1180  (22)(20)  A local building code enforcement agency may not
1181      audit the performance of building code inspection services by
1182      private providers operating within the local jurisdiction until
1183      the agency has created standard operating private provider audit
1184      procedures for the agency's internal inspection and review
1185      staff, which includes, at a minimum, the private provider audit
1186      purpose and scope, private provider audit criteria, an
1187      explanation of private provider audit processes and objections,
1188      and detailed findings of areas of noncompliance. Such private
1189      provider audit procedures must be publicly available online, and
1190      a printed version must be readily accessible in agency
1191      buildings. The private provider audit results of staff for the
1192      prior two quarters also must be publicly available. The agency's
1193      audit processes must adhere to the agency's posted standard
1194      operating audit procedures. The same private provider or private
1195      provider firm may not be audited more than four times in a year
1196      unless the local building official determines a condition of a
1197      building constitutes an immediate threat to public safety and
1198      welfare, which must be communicated in writing to the private
1199      provider or private provider firm. The private provider or
1200      private provider firm must be given notice of each audit to be
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1201      performed at least 5 business days before the audit. Work on a
1202      building or structure may proceed after inspection and approval
1203      by a private provider. The work may not be delayed for
1204      completion of an inspection audit by the local building code
1205      enforcement agency.
1206  (23)(21)  The local government, the local building
1207      official, and their building code enforcement personnel shall be
1208      immune from liability to any person or party for any action or
1209      inaction by a fee owner of a building, or by a private provider
1210      or its duly authorized representative, in connection with
1211      building code inspection services as authorized in this act. The
1212      local government, local enforcement agency, local building
1213      official, and building code enforcement personnel may not
1214      prohibit or discourage the use of a private provider or a
1215      private provider firm.
1216  (24)(22)  Notwithstanding any other law, a county, a
1217      municipality, a school district, or an independent special
1218      district may use a private provider or a private provider firm,
1219      or may employ a licensed building inspector as described in s.
1220      468.603(5)(a) or a person who holds the same licensure or
1221      certification as a private provider, to provide building code
1222      inspection services for a public works project, an improvement,
1223      a building, or any other structure that is owned by the county,
1224      municipality, school district, or independent special district.
1225  Section 10.  Paragraph (a) of subsection (1) of section
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1226      553.792, Florida Statutes, is amended to read:
1227  553.792        Building permit application to local government.—
1228  (1)(a)        A local government must approve, approve with
1229      conditions, or deny a building permit application after receipt
1230      of a completed and sufficient application within the following
1231      timeframes, unless the applicant waives such timeframes in
1232      writing:
1233  1.      Within 5 business days after receiving a complete and
1234      sufficient application, for an applicant using a local
1235      government plans reviewer to obtain the following building
1236      permits for an existing single-family residential dwelling if
1237      the value of the work is less than $15,000: structural,
1238      accessory structure, alarm, electrical, gas, irrigation,
1239      landscaping, mechanical, plumbing, or roofing.
1240  2.1.        Within 30 business days after receiving a complete
1241      and sufficient application, for an applicant using a local
1242      government plans reviewer to obtain the following building
1243      permits if the structure is less than 7,500 square feet:
1244      residential units, including a single-family residential unit or
1245      a single-family residential dwelling, accessory structure,
1246      alarm, electrical, irrigation, landscaping, mechanical,
1247      plumbing, or roofing.
1248  3.2.        Within 60 business days after receiving a complete
1249      and sufficient application, for an applicant using a local
1250      government plans reviewer to obtain the following building
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1251      permits if the structure is 7,500 square feet or more:
1252      residential units, including a single-family residential unit or
1253      a single-family residential dwelling, accessory structure,
1254      alarm, electrical, irrigation, landscaping, mechanical,
1255      plumbing, or roofing.
1256  4.3.        Within 60 business days after receiving a complete
1257      and sufficient application, for an applicant using a local
1258      government plans reviewer to obtain the following building
1259      permits: signs or nonresidential buildings that are less than
1260      25,000 square feet.
1261  5.4.        Within 60 business days after receiving a complete
1262      and sufficient application, for an applicant using a local
1263      government plans reviewer to obtain the following building
1264      permits: multifamily residential, not exceeding 50 units; site-
1265      plan approvals and subdivision plats not requiring public
1266      hearing or public notice; and lot grading and site alteration.
1267  6.5.        Within 12 business days after receiving a complete
1268      and sufficient application, for an applicant using a master
1269      building permit consistent with s. 553.794 to obtain a site-
1270      specific building permit.
1271  7.6.        Within 10 business days after receiving a complete
1272      and sufficient application, for an applicant for a single-family
1273      residential dwelling applied for by a contractor licensed in
1274      this state on behalf of a property owner who participates in a
1275      Community Development Block Grant-Disaster Recovery program
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1276      administered by the Department of Commerce, unless the permit
1277      application fails to satisfy the Florida Building Code or the
1278      enforcing agency's laws or ordinances.
1279
1280      However, the local government may not require the waiver of the
1281      timeframes in this section as a condition precedent to reviewing
1282      an applicant's building permit application.
1283  Section 11.  Paragraph (c) is added to subsection (1) of
1284      section 720.3035, Florida Statutes, to read:
1285  720.3035  Architectural control covenants; parcel owner
1286      improvements; rights and privileges.—
1287  (1)
1288  (c)     An association or any architectural, construction
1289      improvement, or other such similar committee of an association
1290      may not require a building permit to be issued by a governmental
1291      authority to a parcel owner as a prerequisite for review by the
1292      association or committee concerning the construction of
1293      structures or improvements on the parcel.
1294  Section 12.  This act shall take effect July 1, 2026.
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