PCS for CS/HB 423 (2022) — An act relating to building regulation
Summary
PCS for CS/HB 423 (2022), a bill text entitled an act relating to building regulation. Section 1 adds subsection (9) to section 468.603, Florida Statutes, defining "private provider." Section 2 amends section 468.609, Florida Statutes, on eligibility requirements for certification as a building code inspector or plans examiner and on provisional certificates. Section 3 adds subsection (25) to section 553.79, Florida Statutes, on building permits to demolish single-family residential structures located in a coastal high-hazard area, moderate flood zone, or special flood hazard area. Section 7 provides that the act takes effect July 1, 2022.
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“PCS for CS/HB 423 (2022) — An act relating to building regulation.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 423 2022
1 A bill to be entitled
2 An act relating to building regulation; amending s.
3 468.603, F.S.; defining the term "private provider";
4 amending s. 468.609, F.S.; revising eligibility
5 requirements for a person applying to become certified
6 as a building code inspector or plans examiner;
7 authorizing a person to perform certain duties under
8 certain conditions if the person is under the direct
9 supervision of a person a certified building code
10 official; revising the special conditions or
11 requirements that the Florida Building Code
12 Administrators and Inspectors Board may impose on
13 provisional certificates; authorizing that partial
14 completion of an internship program be transferable
15 among jurisdictions, private providers, and firms of
16 private provider; amending s. 553.79, F.S.;
17 prohibiting a local government from prohibiting or
18 restricting demolition permits for single-family
19 residential structures located in certain areas;
20 providing that local governments may only review
21 demolition permits administratively for compliance
22 with certain regulations; prohibiting a property owner
23 from being penalized for a demolition in compliance
24 with the demolition permit; prohibiting local
25 governments from imposing additional requirements on
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26 certain structures; providing applicability; amending
27 s. 553.791, F.S.; revising the definition of the term
28 "duly authorized representative"; limiting the
29 administrative fee that a local jurisdiction can
30 charge when an owner or contractor hires a private
31 provider for inspection services; requiring the local
32 jurisdiction to provide access to certain documents to
33 a private provider, contractor, and owner with certain
34 restrictions; requiring the local building official to
35 issue a certificate of occupancy or certificate of
36 completion within a certain number of days after
37 receipt of certain information, including the payment
38 of all outstanding fees; providing that a certificate
39 of occupancy or certificate of completion is
40 automatically granted and issued under certain
41 circumstances; requiring the local building official
42 to provide a written certificate of occupancy or
43 certificate of completion within a specified time;
44 amending s. 553.792; revising the requirements for
45 when a local government may request certain
46 information; amending s. 553.80, F.S.; authorizing a
47 civil action under certain circumstances; providing an
48 effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
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51
52 Section 1. Subsection (9) is added to section 468.603,
53 Florida Statutes, to read:
54 468.603 Definitions.—As used in this part:
55 (9) "Private provider" has the same meaning as in s.
56 553.791(1)(n).
57 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
58 and (d) of subsection (7), and paragraph (b) of subsection (10)
59 of section 468.609, Florida Statutes, are amended to read:
60 468.609 Administration of this part; standards for
61 certification; additional categories of certification.—
62 (2) A person may take the examination for certification as
63 a building code inspector or plans examiner pursuant to this
64 part if the person:
65 (c) Meets eligibility requirements according to one of the
66 following criteria:
67 1. Demonstrates 4 years' combined experience in the field
68 of construction or a related field, building code inspection, or
69 plans review corresponding to the certification category sought;
70 2. Demonstrates a combination of postsecondary education
71 in the field of construction or a related field and experience
72 which totals 3 years, with at least 1 year of such total being
73 experience in construction, building code inspection, or plans
74 review;
75 3. Demonstrates a combination of technical education in
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76 the field of construction or a related field and experience
77 which totals 3 years, with at least 1 year of such total being
78 experience in construction, building code inspection, or plans
79 review;
80 4. Currently holds a standard certificate issued by the
81 board or a firesafety inspector license issued under pursuant to
82 chapter 633, with a minimum of 3 years' verifiable full -time
83 experience in firesafety inspection or firesafety plan review,
84 and has satisfactorily completed a building code inspector or
85 plans examiner training program that provides at least 100 hours
86 but not more than 200 hours of cross-training in the
87 certification category sought. The board shall establish by rule
88 criteria for the development and implementation of the training
89 programs. The board must shall accept all classroom training
90 offered by an approved provider if the content substantially
91 meets the intent of the classroom component of the training
92 program;
93 5. Demonstrates a combination of the completion of an
94 approved training program in the field of building code
95 inspection or plan review and a minimum of 2 years' experience
96 in the field of building code inspection, plan review, fire code
97 inspections and fire plans review of new buildings as a
98 firesafety inspector certified under s. 633.216, or
99 construction. The approved training portion of this requirement
100 must shall include proof of satisfactory completion of a
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101 training program that provides at least 200 hours but not more
102 than 300 hours of cross-training that is approved by the board
103 in the chosen category of building code inspection or plan
104 review in the certification category sought with at least 20
105 hours but not more than 30 hours of instruction in state laws,
106 rules, and ethics relating to professional standards of
107 practice, duties, and responsibilities of a certificateholder.
108 The board shall coordinate with the Building Officials
109 Association of Florida, Inc., to establish by rule the
110 development and implementation of the training program. However,
111 the board must shall accept all classroom training offered by an
112 approved provider if the content substantially meets the intent
113 of the classroom component of the training program;
114 6. Currently holds a standard certificate issued by the
115 board or a firesafety inspector license issued under pursuant to
116 chapter 633 and:
117 a. Has at least 4 years' verifiable full-time experience
118 as an inspector or plans examiner in a standard certificat ion
119 category currently held or has a minimum of 4 years' verifiable
120 full-time experience as a firesafety inspector licensed under
121 pursuant to chapter 633.
122 b. Has satisfactorily completed a building code inspector
123 or plans examiner classroom training course or program that
124 provides at least 200 but not more than 300 hours in the
125 certification category sought, except for residential one-family
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126 and two-family dwelling training programs, which must provide at
127 least 500 but not more than 800 hours of training as prescribed
128 by the board. The board shall establish by rule criteria for the
129 development and implementation of classroom training courses and
130 programs in each certification category; or
131 7.a. Has completed a 4-year internship certification
132 program as a building code inspector or plans examiner while
133 also employed full-time by a municipality, county, or other
134 governmental jurisdiction, under the direct supervision of a
135 certified building official. A person may also complete the
136 internship certification program while employed full time by a
137 private provider or a private provider's firm that performs the
138 services of a building code inspector or plans examiner, while
139 under the direct supervision of a certified building official.
140 Proof of graduation with a related vocational degree or college
141 degree or of verifiable work experience may be exchanged for the
142 internship experience requirement year-for-year, but may reduce
143 the requirement to no less than 1 year.
144 b. Has passed an examination administered by the
145 International Code Council in the certification category sought.
146 Such examination must be passed before beginning the internship
147 certification program.
148 c. Has passed the principles and practice examination
149 before completing the internship certification program.
150 d. Has passed a board-approved 40-hour code training
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151 course in the certification category sought before completing
152 the internship certification program.
153 e. Has obtained a favorable recommendation from the
154 supervising building official after completion of the internship
155 certification program.
156 (7)
157 (c) The board shall provide for appropriate levels of
158 provisional certificates and may issue these certificates with
159 such special conditions or requirements relating to the place of
160 employment of the person holding the certificate, the
161 supervision of such person on a consulting or advisory basis, or
162 other matters as the board deems may deem necessary to protect
163 the public safety and health. The board may not place a special
164 condition or requirement on a provisional certificate with
165 respect to the requirement of employment by a municipality,
166 county, or other local governmental agency.
167 (d) A person may perform the duties of a plans examiner or
168 building code inspector for 120 days if a provisional
169 certificate application has been submitted if such person is
170 under the direct supervision of a person licensed as a certified
171 building code administrator under this part who holds a standard
172 certification and who has found such person qualified for a
173 provisional certificate. Direct supervision and the
174 determination of qualifications may also be provided by a
175 building code administrator who holds a limited or provisional
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176 certificate in a county having a population of fewer than 75,000
177 and in a municipality located within such county.
178 (10)
179 (b) The board shall by rule establish:
180 1. Reciprocity of certification with any other state that
181 requires an examination administered by the International Code
182 Council.
183 2. That an applicant for certification as a building code
184 inspector or plans examiner may apply for a provisional
185 certificate valid for the duration of the internship period.
186 3. That partial completion of an internship program is
187 transferable among jurisdictions, private providers, and firms
188 of private providers may be transferred between jurisdictions on
189 a form prescribed by the board.
190 4. That an applicant may apply for a standard certificate
191 on a form prescribed by the board upon successful comple tion of
192 an internship certification program.
193 5. That an applicant may apply for a standard certificate
194 at least 30 days but and no more than 60 days before completing
195 the internship certification program.
196 6. That a building code inspector or plans examiner who
197 has standard certification may seek an additional certification
198 in another category by completing an additional nonconcurrent 1 -
199 year internship program in the certification category sought and
200 passing an examination administered by the International Code
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201 Council and a board-approved 40-hour code training course.
202 Section 3. Subsection (25) is added to section 553.79,
203 Florida Statutes, to read:
204 553.79 Permits; applications; issuance; inspections. —
205 (25)(a) A local law, ordinance, or regulation may not
206 prohibit or otherwise restrict the ability of a private property
207 owner to obtain a building permit to demolish his or her single -
208 family residential structure located in a coastal high-hazard
209 area, moderate flood zone, or special flood hazard area
210 according to a Flood Insurance Rate Map issued by the Federal
211 Emergency Management Agency for the purpose of participating in
212 the National Flood Insurance Program if the lowest finished
213 floor elevation of such structure is at or below base flood
214 elevation as established by the Florida Building Code or a
215 higher base flood elevation as may be required by local
216 ordinance, whichever is higher, provided that such permit
217 otherwise complies with all applicable Florida Building Code,
218 Florida Fire Prevention Code, and Life Safety Code requirements,
219 or local amendments thereto.
220 (b) An application for a demolition permit sought under
221 this subsection may only be reviewed administratively for
222 compliance with the Florida Building Code, the Florida Fire
223 Prevention Code, and the Life Safety Code, or local amendments
224 thereto, and any regulations applicable to a similarly situated
225 parcel. Applications may not be subject to any additional local
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226 land development regulations or public hearings. A local
227 government may not penalize a private property owner for a
228 demolition that is in compliance with the demolition permit.
229 (c) If a single-family residential structure is demolished
230 pursuant to a demolition permit, a local government may not
231 impose additional regulatory or building requirements on the new
232 single-family residential structure constructed on the site of
233 the demolished structure which would not otherwise be applicable
234 to a similarly situated vacant parcel.
235 (d) This subsection does not apply to any of the
236 following:
237 1. A structure designated on the National Register of
238 Historic Places.
239 2. A privately owned single-family residential structure
240 designated historic by a local, state, or federal governmental
241 agency on or before January 1, 2022.
242 3. A privately owned single-family residential structure
243 designated historic after January 1, 2022, by a local, state, or
244 federal governmental agency with the consent of its owner.
245 Section 4. Paragraph (f) of subsection (1), paragraph (b)
246 of subsection (2) and subsection (13) of section 553.791,
247 Florida Statutes, are amended, and paragraph (c) is added to
248 subsection (2) of that section, to read:
249 553.791 Alternative plans review and inspection.—
250 (1) As used in this section, the term:
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251 (f) "Duly authorized representative" means an agent of the
252 private provider identified in the permit application who
253 reviews plans or performs inspections as provided by this
254 section and who is licensed as an engineer under chapter 471 or
255 as an architect under chapter 481 or who holds a standard or
256 provisional certificate under part XII of chapter 468. A duly
257 authorized representative who only holds a provisional
258 certificate under part XII of chapter 468 must be under the
259 direct supervision of a person licensed as a building code
260 administrator under part XII of chapter 468.
261 (2)
262 (b) If an owner or contractor retains a private provider
263 for purposes of plans review or building inspection services,
264 the local jurisdiction must reduce the permit fee by the amount
265 of cost savings realized by the local enforcement agency for not
266 having to perform such services. Such reduction may be
267 calculated on a flat fee or percentage basis, or any other
268 reasonable means by which a local enforcement agency assesses
269 the cost for its plans review or inspection services. The local
270 jurisdiction may not charge fees for building inspections if the
271 fee owner or contractor hires a private provider to perform such
272 services; however, the local jurisdiction may charge a
273 reasonable administrative fee, which shall be based on the cost
274 that is actually incurred, including the labor cost of the
275 personnel providing the service, by the local jurisdiction or
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276 attributable to the local jurisdiction for the clerical and
277 supervisory assistance required, or both.
278 (c) If an owner or a contractor retains a private provider
279 for purposes of plans review or building inspection services,
280 the local jurisdiction must provide equal access to all
281 permitting and inspection documents and reports to the private
282 provider, owner, and contractor if such access is provided by
283 software that protects exempt records from disclosure.
284 (13)(a) No more than 10 2 business days, or if the permit
285 is related to single-family or two-family dwellings then no more
286 than 2 business days, after receipt of a request for a
287 certificate of occupancy or certificate of completion and the
288 applicant's presentation of a certificate of compliance and
289 approval of all other government approvals required by law,
290 including the payment of all outstanding fees, the local
291 building official shall issue the certificate of occupancy or
292 certificate of completion or provide a notice to the applicant
293 identifying the specific deficiencies, as well as the specific
294 code chapters and sections.
295 (b) If the local building official does not provide notice
296 of the deficiencies within the applicable time periods under
297 paragraph (a) prescribed 2-day period, the request for a
298 certificate of occupancy or certificate of completion is
299 automatically shall be deemed granted and deemed the certificate
300 of occupancy or certificate of completion shall be issued as of
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301 by the local building official on the next business day. The
302 local building official must provide the applicant with the
303 written certificate of occupancy or certificate of completion
304 within 10 days after it is automatically granted and issued. To
305 resolve any identified deficiencies, the applicant may elect to
306 dispute the deficiencies pursuant to subsection (14) or to
307 submit a corrected request for a certificate of occupancy or
308 certificate of completion.
309 Section 5. Subsection (1) of section 553.792, Florida
310 Statutes, is amended to read:
311 553.792 Building permit application to local government.—
312 (1)(a) Within 10 days of an applicant submitting an
313 application to the local government, the local government shall
314 advise the applicant what information, if any, is needed to deem
315 the application properly completed in compliance with the filing
316 requirements published by the local government. If the local
317 government does not provide written notice that the a pplicant
318 has not submitted the properly completed application, the
319 application shall be automatically deemed properly completed and
320 accepted. Within 45 days after receiving a completed
321 application, a local government must notify an applicant if
322 additional information is required for the local government to
323 determine the sufficiency of the application, and shall specify
324 the additional information that is required. The applicant must
325 submit the additional information to the local government or
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326 request that the local government act without the additional
327 information. While the applicant responds to the request for
328 additional information, the 120-day period described in this
329 subsection is tolled. Both parties may agree to a reasonable
330 request for an extension of time, particularly in the event of a
331 force majeure or other extraordinary circumstance. The local
332 government must approve, approve with conditions, or deny the
333 application within 120 days following receipt of a completed
334 application.
335 (b)1. When reviewing an application for a building permit,
336 a local government may not request additional information from
337 the applicant more than three times, unless the applicant waives
338 the limitation in writing.
339 2. If a local government makes a request for additional
340 information and the applicant submits the required additional
341 information within 30 days after receiving the request, the
342 local government must determine the application is properly
343 completed, approve, approve with conditions, deny the
344 application, or advise the applicant what information, if any,
345 is needed to deem the application properly completed or
346 determine the sufficiency of the application within 15 days
347 after receiving the additional information.
348 3. If a local government makes a second request for
349 additional information and the applicant submits the required
350 additional information within 30 days after receiving the
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351 request, the local government must determine the application is
352 properly completed, approve, approve with conditions, deny the
353 application, or advise the applicant what information, if any,
354 is needed to deem the application properly completed or to
355 determine the sufficiency of the application within 10 days
356 after receiving the additional information.
357 4. Before a third request for additional information, the
358 applicant must be offered a meeting to attempt to resolve
359 outstanding issues. If a local government makes a third request
360 for additional information and the applicant submits the
361 required additional information within 30 days after receiving
362 the request, the local government must deem the application
363 properly completed, approve, approve with conditions, or deny
364 the application within 10 days after receiving the additional
365 information unless the applicant waived the local government’s
366 limitation in writing.
367 5. If the applicant believes the request for additional
368 information is not authorized by ordinance, rule, statute, or
369 other legal authority, the local government, at the applicant’s
370 request, shall proceed to process the application for approval,
371 approval with conditions, or denial.
372 (c)(b) If a local government fails to meet a deadline
373 provided in paragraphs paragraph (a) and (b), it must reduce the
374 building permit fee by 10 percent for each business day that it
375 fails to meet the deadline. Each 10-percent reduction shall be
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376 based on the original amount of the building permit fee, unless
377 the parties agree to an extension of time.
378 Section 6. Paragraph (a) of subsection (7) of section
379 553.80, Florida Statutes, is amended to read:
380 553.80 Enforcement.—
381 (7)(a) The governing bodies of local governments may
382 provide a schedule of reasonable fees, as authorized by s.
383 125.56(2) or s. 166.222 and this section, for enforcing this
384 part. These fees, and any fines or investment earnings related
385 to the fees, shall be used solely for carrying out the local
386 government's responsibilities in enforcing the Florida Building
387 Code. When providing a schedule of reasonable fees, the total
388 estimated annual revenue derived from fees, and the fines and
389 investment earnings related to the fees, may not exceed the
390 total estimated annual costs of allowable activities. Any
391 unexpended balances must shall be carried forward to future
392 years for allowable activities or must shall be refunded at the
393 discretion of the local government. A local government may not
394 carry forward an amount exceeding the average of its operating
395 budget for enforcing the Florida Building Code for the previous
396 4 fiscal years. For purposes of this subsection, the term
397 "operating budget" does not include reserve amounts. Any amount
398 exceeding this limit must be used as authorized in subparagraph
399 2. However, a local government that which established, as of
400 January 1, 2019, a Building Inspections Fund Advisory Board
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401 consisting of five members from the construction stakeholder
402 community and carries an unexpended balance in excess of the
403 average of its operating budget for the previous 4 fiscal years
404 may continue to carry such excess funds forward upon the
405 recommendation of the advisory board. The basis for a fee
406 structure for allowable activities must shall relate to the
407 level of service provided by the local government and must shall
408 include consideration for refunding fees due to reduced services
409 based on services provided as prescribed by s. 553. 791, but not
410 provided by the local government. Fees charged must shall be
411 consistently applied.
412 1. As used in this subsection, the phrase "enforcing the
413 Florida Building Code" includes the direct costs and reasonable
414 indirect costs associated with review of building plans,
415 building inspections, reinspections, and building permit
416 processing; building code enforcement; and fire inspections
417 associated with new construction. The phrase may also include
418 training costs associated with the enforcement of the Florida
419 Building Code and enforcement action pertaining to unlicensed
420 contractor activity to the extent not funded by other user fees.
421 2. A local government must use any excess funds that it is
422 prohibited from carrying forward to rebate and reduce fees, or
423 to pay for the construction of a building or structure that
424 houses a local government's building code enforcement agency or
425 the training programs for building officials, inspectors, or
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426 plans examiners associated with the enforcement of the Florida
427 Building Code. Excess funds used to construct such a building or
428 structure must be designated for such purpose by the local
429 government and may not be carried forward for more than 4
430 consecutive years. An owner or builder who has a valid building
431 permit issued by a local government for a fee, or an association
432 of owners or builders located in Florida that has members with
433 valid building permits issued by a local government for a fee,
434 may bring a civil action against the local government that
435 issued the permit for a fee to enforce this subparagraph.
436 3. The following activities may not be funded with fees
437 adopted for enforcing the Florida Building Code:
438 a. Planning and zoning or other general government
439 activities.
440 b. Inspections of public buildings for a reduced fee or no
441 fee.
442 c. Public information requests, community functions,
443 boards, and any program not directly related to enforcement of
444 the Florida Building Code.
445 d. Enforcement and implementation of any other local
446 ordinance, excluding validly adopted local amendments to the
447 Florida Building Code and excluding any local ordinance directly
448 related to enforcing the Florida Building Code as defined in
449 subparagraph 1.
450 4. A local government must shall use recognized
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451 management, accounting, and oversight practices to ensure that
452 fees, fines, and investment earnings generated under this
453 subsection are maintained and allocated or used solely for the
454 purposes described in subparagraph 1.
455 5. The local enforcement agency, independent district, or
456 special district may not require at any time, including at the
457 time of application for a permit, the payment of any additional
458 fees, charges, or expenses associated with:
459 a. Providing proof of licensure under pursuant to chapter
460 489;
461 b. Recording or filing a license issued under pursuant to
462 this chapter;
463 c. Providing, recording, or filing evidence of workers'
464 compensation insurance coverage as required by chapter 440; or
465 d. Charging surcharges or other similar fees not directly
466 related to enforcing the Florida Building Code.
467 Section 7. This act shall take effect July 1, 2022.
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