Industries & Professional Activities Subcommittee: Committee Meeting Notice, January 20, 2026
Summary
Meeting packet for the Industries & Professional Activities Subcommittee for Tuesday, January 20, 2026, 10:00 AM to 12:00 PM at Webster Hall. The meeting notice lists HB 803 Building Permits and Inspections, HB 805 Veterinary Medicine, HB 929 Local Government Regulation of Chickees, and HB 7015 OGSR/Social Media Platform and Antitrust Investigations. The HB 803 bill analysis states that the bill revises provisions on building code inspection services by private providers and revises the authority of local building officials, and that it may have an indeterminate positive fiscal impact on the private sector. The packet closes with the text of HB 7015, which amends sections 287.137 and 501.2041, Florida Statutes, to change the scheduled repeal date of public records exemptions.
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Industries & Professional Activities
Subcommittee
Tuesday, January 20, 2026
10:00 AM – 12:00 PM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Industries & Professional Activities Subcommittee
Start Date and Time: Tuesday, January 20, 2026 10:00 AM
End Date and Time: Tuesday, January 20, 2026 12:00 PM
Location: Webster Hall (212 Knott)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 803 Building Permits and Inspections by Trabulsy
HB 805 Veterinary Medicine by Melo
HB 929 Local Government Regulation of Chickees by Cobb, Gentry
HB 7015 OGSR/Social Media Platform and Antitrust Investigations by Government Operations Subcommittee,
Greco
NOTICE FINALIZED on 01/15/2026 4:30PM by Marks.Amie
01/16/2026 02:20:40PM Leagis ® Page 1 of 1
HB 803
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 803 COMPANION BILL: SB 1234 (DiCeglie)
TITLE: Building Permits and Inspections LINKED BILLS: None
SPONSOR(S): Trabulsy RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill revises provisions relating to building code inspection services provided by private provider & private
provider firms including but not limited to permit fees, administrative fees, and responsibilities of private
providers. It also revises the authority of local building officials, and mandates the adoption of a uniform permitting
system.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
The bill:
• revises Florida law governing the expiration date of building permits issued by counties, providing for
expiration one year after issuance or the effective date of the next edition of the Florida Building Code,
whichever is later. (Section 1, 4)
• amends the Florida Building Codes Act directing the Florida Building Commission to modify the Florida
Building Code to exempt the installation of certain flood protection walls from building permit
requirements. To be eligible for an permit exemption, a flood protection wall must meet all of these
requirements: 1) be nonhabitable and load bearing, 2) installed for a residential property that is a single or
two-family dwelling or townhouse, 3) constructed to mitigate storm surge or floodwaters from entering a
property, 4) installed by a contractor properly licensed by the Board under Chapter 489, F.S., and 5) the
wall must be compliant with applicable local zoning, drainage, easement, and setback requirements. The
bill also adds a requirement to modify the building code to state that building permits for retaining walls
for residential single-family or two-family dwellings are not required for each lot or parcel. (Section 3)
The bill:
• prohibits local enforcement agencies from charging inspection fees exceeding the actual cost incurred by
the agency to perform and approve the inspection required for a permit.
• prohibits local governments from requiring building permits for any work valued at less than $7,500 done
on a single-family home. However, local governments may require a permit for any electrical, plumbing, or
structural work no matter the cost, with the exception of the repair or replacement of exterior doors and
windows. Contractors are required to keep a written record of work performed that does not require a
permit, and the record must include the property address at which the work was performed and the value
of the work as proof that the work complies with the statute. (Section 4)
STORAGE NAME: h0803.IPA
DATE: 1/16/2026
1
HB 803
The bill:
• revises the definition of “audit” to strictly limit local building officials to reviewing inspection reports and
sworn statements submitted by licensed private providers for completeness and mandatory requirements
of accuracy only. Officials may only perform a site visit in connection with an audit when they have “actual
knowledge” that the inspection forms submitted by the private provider were incomplete or incorrect. If
they plan to perform a site visit, officials must provide written notice to the private provider of the specific
forms that are incomplete or incorrect before performing the site visit. (Section 5)
• amends the definitions of “deliver” and “delivery” to specifically include “email or any other form of
electronic communication used to transit information”. The definition for “Permit application” now
requires site plans reviewed by a licensed reviewer to be included in permit applications by private
providers and has an affirmative requirement that the plans be able to be submitted electronically. The bill
amends the definition of “private provider” to increase the size of residential additions and alteration
inspections performable by private providers from 1,000 to 2,500 square feet. The bill creates a definition
for “system of registration” as the system used by officials to verify compliance with licensure and
insurance requirements for private provider firms under Chapter 553. (Section 5)
• removes the requirement that an owner or contractor have a written contract with a private provider and
adds that agreements for private provider services are not required to be submitted as part of a permit
application or in order to be issued a permit. Officials are prohibited from requesting a written agreement
or consent form as a condition for issuing a permit. (Section 5).
• requires local jurisdictions to reduce permit fees to the actual cost incurred by the local jurisdiction when
an owner retains a private provider for building inspection services. Officials may not charge punitive,
administrative, or additional fees, including fees for building inspections or site review, when an owner
uses a private provider. (Section 5)
• limits the information that a local government can request from a private provider to that which it collects
at registration, other than written notice from the owner or owner’s contractor that a private provider has
been contracted. The bill mandates the form be the exact version adopted by the commission and that it
may not be altered by the local government. The bill removes the requirement that the form include
“qualification statements or resumes” of private providers.
• removes the allowance for a private provider to be used after construction has commenced if the local
building official is unable to provide inspection services in a timely manner and the time by which the
owner or owner’s contractor must provide notice. (Section 5)
• forbids the review by a local building official of plans, construction drawings, or any other related
documents that has been determined by a private provider to be compliant with the applicable codes. The
local building official may review other forms and documents only for completeness and must notice an
applicant of any incomplete forms or documents not later than 10 days after receipt of a permit application
with the private provider affidavit. If the notice is not provided within 10 days the permit must be deemed
approved. The bill removes a requirement for review within 20 business days, or 5 business days for
single-trade plan for single family residential, for review and notice to the applicant of specific plan
features that do not comply with the applicable codes. The bill changes “plan deficiencies” to only apply to
incomplete forms or documents. (Section 5)
• removes the requirement that private providers performing required inspections give notice to the local
building official. Removes “the building department” as an entity that can post notice of a deficiency notice.
(Section 5)
The bill indicates that a local building official is not required for the regulatory administration or supervision of
inspection services performed by a private provider. Private providers are responsible for verification of licensure
and insurance requirements for the firm’s authorized representative. Building officials may not verify compliance
or store information related to verification. (Section 5) The bill also removes the requirement that private
providers notify building officials when they are performing emergency inspection services. (Section 5)
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2
HB 803
The bill:
• adds a requirement that private providers record inspections on a form provided by the commission. The
bill expands the amount of time that private providers have to post the completed inspection record from 2
to 4 days, and specifies that local building officials may not fail inspections as long as they are transmitted
within 4 days even if they are not posted at the job site. (Section 5)
• requires that certificates of compliance be on a form provided by the commission. The certificate of
compliance may be signed by any qualified licensed individual employed full time by the privet provider.
(Section 5)
• limits a local building official’s ability to perform building inspections of construction that a private
provider has determined to be compliant with the applicable codes to when the building official has “actual
knowledge” that the private provider did not perform the required inspections. When they have that actual
knowledge, they must give the private provider written notice of the facts and circumstances before
performing an inspection. The building official may only review forms and documents for completeness. If
the local building official does not provide notice of any incomplete forms or documents within the time
period, the request for a certificate of occupancy or certificated of completion is automatically granted.
(Section 5)
• changes the standard for which a local building official may deny a permit or a request for certificate of
occupancy or completion, or may issue a stop-work order from “the building construction or plans do not
comply with the applicable codes” to “forms or documents are incomplete”. (Section 5)
• removes the option and makes mandatory that local governments establish a system of registration for
private providers and prohibits local governments from charging administrative fees for registration or
updating registration. (Section 5)
• adds a requirement that a deficiency notice must be provided to a private provider before a local
government can issue a stop work order due to an immediate threat to public safety and welfare. (Section
5)
• prohibits a local government from prohibiting or limiting the use of virtual inspections by private
providers. (Section 5)
• requires local governments to give private providers notice of audits at least 5 business days before an
audit. (Section 5)
The bill also requires the Florida Building Commission develop a uniform building permit application that must be
used by local governments. The application must include a checklist by project type for permitted work. (Section
6)
The bill sets the timeframe at 5 business days for review of a completed application for an applicant using a local
government reviewer for building permits for an existing single-family residential dwelling if the value of the work
is less than $15,000 for structural, accessory structure, alarm, electrical, irrigation, landscaping, mechanical,
plumbing, or roofing. (Section 6)
The bill “deems approved” a signed and sealed application with an attestation by a licensed architect or engineer
stating that the plans comply with the Florida Building Code for construction or renovation of a single-family
dwelling located in a jurisdiction for which a state of emergency as issued within the prior 24 months. The local
government is required to issue the permit within two days. (Section 6)
The bill prohibits homeowners’ associations from requiring a building permit as a prerequisite of its review of the
construction of structures or improvements (Section 7)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Building Code
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3
HB 803
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum building code
that would ensure that Florida’s minimum standards were met. Local governments could choose from four
separate model codes. The state’s role was limited to adopting all or relevant parts of new editions of the four
model codes. Local governments could amend and enforce their local codes, as they desired. 1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane Andrew
easily destroyed those structures that were allegedly built according to the strongest code. The Governor
eventually appointed a study commission to review the system of local codes and make recommendations for
modernizing the system. The 1998 Legislature adopted the study’s commission recommendations for a single state
building code and enhanced the oversight role of the state over local code enforcement. The 2000 Legislature
authorized implementation of the Florida Building Code (Building Code), and that first edition replaced all local
codes on March 1, 2002. 2 The current edition of the Building Code is the eighth edition, which is referred to as the
2023 Florida Building Code. 3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 4
The Florida Building Commission (Commission) was created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
body made up of design professionals, contractors, and government experts in various disciplines covered by the
Building Code. The Commission reviews several International Codes published by the International Code Council, 5
the National Electric Code, and other nationally adopted model codes to determine if the Building Code needs to be
updated and adopts an updated Building Code every three years. 6
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 7
Every local government must enforce the Florida Building Code and issue building permits. 8
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 9 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 10
Current law requires local governments to post their building permit applications, including a list of all required
attachments, drawings, and documents for each application, on its website. However, other than fire alarm building
permit applications, local governments are not required to have uniform building permit applications, and they are
free to create their own applications with their own requirements. 11
1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 15, 2026).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 15, 2026).
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 15, 2026).
6 S. 553.73(7)(a), F.S.
7
S. 553.72, F.S.
8
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
9
S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
10
Ss. 125.56(4)(a) and 553.79(1), F.S.
11
Ss. 553.79(1), and 553.7921, F.S.
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HB 803
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections are considered completed or closed. 12
Building Permit Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the enforcing agency
for the issuance of a building permit. 13 Such fees shall be used solely for carrying out the local government’s
responsibilities in enforcing the Building Code. 14 Enforcing the Building Code includes the direct costs and
reasonable indirect costs associated with training, review of building plans, building inspections, re-inspections,
building permit processing, and fire inspections. 15 Local governments must post all building permit and inspection
fee schedules on their website. 16
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs in
enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated annual revenue
derived from fees, and the fines and investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be carried forward to future years for
allowable activities or must be refunded at the discretion of the local government. A local government may not
carry forward an amount exceeding the average of its operating budget, not including reserve amounts, for
enforcing the Building Code for the previous 4 fiscal years. 17
DBPR Surcharges
Current law requires all local governments to assess and collect a 1% surcharge on any building permit issued by
their enforcement agency for the purpose of enforcing the Building Code. The local jurisdictions collect the
assessment and remit the surcharge fees to DBPR to fund the activities of the Commission, DBPR’s Building Code
Compliance and Mitigation Program, and the Florida Fire Prevention Code informal interpretations. 18
Current law also requires all local governments to assess and collect a separate 1.5% surcharge on any building
permit issued by their enforcement agency for the purpose of enforcing the Building Code. The local governments
collect the assessment and remit the surcharge fees to DBPR, where it is divided equally to fund the activities of the
Building Code Administrators and Inspectors Board (BCAIB) and the Florida Homeowners’ Construction Recovery
Fund. 19
Local government building departments are permitted to retain 10% of the amount of the surcharges they collect
to fund participation by their agencies in the national and state building code adoption processes and to provide
education related to enforcement of the Building Code. 20
12
Section 110 of Eighth Edition of the Florida Building Code (Building).
13
S. 553.80 F.S.
14
Id.
15
S. 553.80(7)(a)1., F.S.
16
Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
17
S. 553.80(7)(a), F.S.
18 S. 553.721, F.S.
19 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a covered
financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who reviews for
completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for review. s.
489.1401(2), F.S.
20 Ss. 468.631, and 553.721, F.S.
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HB 803
Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 21
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services, including single-trade inspections. If an owner or contractor retains a
private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the
permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such
services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by
which a local enforcement agency assesses the cost for its plans review or inspection services. The local
jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider to
perform such services; however, the local jurisdiction may charge a reasonable administrative fee, which shall be
based on the cost that is actually incurred, including the labor cost of the personnel providing the service, by the
local jurisdiction or attributable to the local jurisdiction for the clerical and supervisory assistance required, or
both. 22
A local government may not charge a fee for building inspections when an owner or contractor uses a private
provider but may charge a “reasonable administrative fee.” A “reasonable administrative fee” must be based on
the cost that is actually incurred by the local government, including the labor cost of the personnel providing the
service, or the cost attributable to the local government for the clerical and supervisory assistance required, or
both. 23
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies. 24 If the local
building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day. 25
Stop Work Order
The Florida Building Code authorizes a building official to issue a stop work order when the official finds any work
regulated by the code being performed in a manner either contrary to the code or dangerous or unsafe. It requires
that the order be in writing and given to the owner of the property, the owner’s authorized agent, or the person
performing the work, and shall state the reason for the order and the conditions under which the work may
resume. 26
State of Emergency
An emergency order can be declared by either the Governor for the state or a portion of the state 27 or on a local
level by political subdivisions of the state. 28 An “emergency” is defined as any occurrence, or threat thereof,
whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or
harm to the population or substantial damage to or loss of property. 29
21
S. 553.791(1)(n), F.S.
22 S. 553.791(2)(b), F.S.
23 Id.
24
S. 553.791(7)(a), F.S.
25
Id.
26 S. 115 of the Eighth Edition of the Florida Building Code, Building.
27 S. 205.36, F.S.
28 S. 205.38, F.S.
29 S. 205.34(4), F.S.
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HB 803
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Miralia
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
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7
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
HB 803 2026
1 A bill to be entitled
2 An act relating to building permits and inspections;
3 amending s. 125.56, F.S.; providing for expiration of
4 certain building permits issued by a county; amending
5 s. 489.129, F.S.; providing that certain persons are
6 not subject to discipline for performing a job without
7 applicable permits and inspections if otherwise
8 authorized by law; amending s. 553.73, F.S.; requiring
9 the Florida Building Commission to modify the Florida
10 Building Code to exempt from building permit
11 requirements installation of certain walls or
12 barriers; requiring the commission to modify the
13 Florida Building Code to not require a permit for
14 installation of certain retaining walls; amending s.
15 553.79, F.S.; providing for expiration of certain
16 building permits issued by a local government;
17 providing prohibitions for inspection fees;
18 prohibiting a local government from requiring building
19 permits for certain projects; providing an exception;
20 requiring certain contractors to maintain certain
21 records; amending s. 553.791, F.S.; revising and
22 providing definitions; requiring certain services to
23 be subject to an agreement, rather than a written
24 contract; providing that such agreement does not need
25 to be submitted as part of a permit application;
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26 providing requirements for reduced permit fees;
27 prohibiting a local jurisdiction from charging
28 administrative fees or other additional fees;
29 prohibiting local government entities and local
30 building officials from requiring additional forms;
31 prohibiting local government entities and local
32 building officials from altering a form adopted by the
33 commission; removing the requirement that a private
34 provider's qualification statements or resumes be
35 included in a certain notice; removing time
36 restrictions for electing to use a private provider;
37 requiring a certain affidavit be able to be submitted
38 electronically; providing which forms and documents a
39 local building official may and may not review;
40 requiring written notice of incomplete forms to an
41 applicant within a specified timeframe; revising the
42 timeframes in which certain notices must be sent;
43 providing that certain permits are deemed approved;
44 providing requirements for a private provider's duly
45 authorized representatives; removing provisions
46 requiring a private provider to provide notice to the
47 local building official to perform inspections;
48 providing that local building officials are not
49 responsible for the administration or supervision of
50 services performed by a private provider; prohibiting
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51 local building officials from failing certain
52 inspections; revising the timeframe in which certain
53 records must be provided; authorizing certain persons
54 to sign certificates of compliance; providing
55 requirements for local building officials who have
56 actual knowledge that a private provider failed to
57 perform an inspection; requiring certain entities to
58 establish a system of registration; prohibiting
59 certain administrative fees; providing that virtual
60 inspections may not be prohibited; requiring certain
61 notice before an audit; prohibiting certain entities
62 from discouraging the use of private providers;
63 amending s. 553.792, F.S.; requiring the commission to
64 develop a uniform building permit application;
65 requiring a local government to make certain decisions
66 relating to certain building permits within a
67 specified timeframe; specifying that certain permit
68 applications are deemed approved and must be issued
69 within a certain timeframe; amending s. 720.3035,
70 F.S.; prohibiting an association or certain committees
71 from requiring a building permit as a prerequisite for
72 a certain review; providing an effective date.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
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76 Section 1. Paragraph (d) of subsection (4) of section
77 125.56, Florida Statutes, is amended to read:
78 125.56 Enforcement and amendment of the Florida Building
79 Code and the Florida Fire Prevention Code; inspection fees;
80 inspectors; etc.—
81 (4)
82 (d) A county that issues building permits may send a
83 written notice of expiration, by e-mail or United States Postal
84 Service, to the owner of the property and the contractor listed
85 on the permit, no less than 30 days before a building permit is
86 set to expire. The written notice must identify the permit that
87 is set to expire and the date the permit will expire. A building
88 permit issued by a county for a single-family dwelling expires 1
89 year after the issuance of the permit or the effective date of
90 the next edition of the Florida Building Code, whichever is
91 later.
92 Section 2. Paragraph (o) of subsection (1) of section
93 489.129, Florida Statutes, is amended to read:
94 489.129 Disciplinary proceedings.—
95 (1) The board may take any of the following actions
96 against any certificateholder or registrant: place on probation
97 or reprimand the licensee, revoke, suspend, or deny the issuance
98 or renewal of the certificate or registration, require financial
99 restitution to a consumer for financial harm directly related to
100 a violation of a provision of this part, impose an
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101 administrative fine not to exceed $10,000 per violation, require
102 continuing education, or assess costs associated with
103 investigation and prosecution, if the contractor, financially
104 responsible officer, or business organization for which the
105 contractor is a primary qualifying agent, a financially
106 responsible officer, or a secondary qualifying agent responsible
107 under s. 489.1195 is found guilty of any of the following acts:
108 (o) Proceeding on any job without obtaining applicable
109 local building department permits and inspections, unless
110 otherwise provided by law.
111
112 For the purposes of this subsection, construction is considered
113 to be commenced when the contract is executed and the contractor
114 has accepted funds from the customer or lender. A contractor
115 does not commit a violation of this subsection when the
116 contractor relies on a building code interpretation rendered by
117 a building official or person authorized by s. 553.80 to enforce
118 the building code, absent a finding of fraud or deceit in the
119 practice of contracting, or gross negligence, repeated
120 negligence, or negligence resulting in a significant danger to
121 life or property on the part of the building official, in a
122 proceeding under chapter 120.
123 Section 3. Paragraphs (h) and (i) are added to subsection
124 (7) of section 553.73, Florida Statutes, to read:
125 553.73 Florida Building Code.—
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126 (7)
127 (h)1. The commission shall modify the Florida Building
128 Code to exempt from building permit requirements the
129 installation of residential hurricane and flood protection walls
130 or barriers that meet all of the following conditions:
131 a. The wall or barrier is nonhabitable and nonload-
132 bearing.
133 b. The wall or barrier is installed on the residential
134 property of a single-family or two-family dwelling or townhouse.
135 c. The wall or barrier is constructed to mitigate or
136 prevent storm surge or floodwaters from entering a structure or
137 property.
138 d. The wall or barrier is installed by a contractor
139 licensed under part I of chapter 489.
140 e. The wall or barrier complies with applicable local
141 zoning, drainage, easement, and setback requirements.
142 2. The commission may adopt rules under s. 120.54 to
143 incorporate necessary standards to implement this paragraph.
144 (i) The commission shall modify the Florida Building Code
145 to state that building permits for retaining walls installed on
146 the residential property of a single-family or two-family
147 dwelling or a townhouse are not required for each lot or parcel.
148 Section 4. Paragraphs (a), (c), and (d) of subsection (1)
149 of section 553.79, Florida Statutes, are amended, and paragraph
150 (g) is added to that subsection, to read:
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151 553.79 Permits; applications; issuance; inspections.—
152 (1)(a) Unless otherwise provided by law, after the
153 effective date of the Florida Building Code adopted as herein
154 provided, it shall be unlawful for any person, firm,
155 corporation, or governmental entity to construct, erect, alter,
156 modify, repair, or demolish any building within this state
157 without first obtaining a permit therefor from the appropriate
158 enforcing agency or from such persons as may, by appropriate
159 resolution or regulation of the authorized state or local
160 enforcing agency, be delegated authority to issue such permits,
161 upon the payment of such reasonable fees adopted by the
162 enforcing agency. The enforcing agency is empowered to revoke
163 any such permit upon a determination by the agency that the
164 construction, erection, alteration, modification, repair, or
165 demolition of the building for which the permit was issued is in
166 violation of, or not in conformity with, the provisions of the
167 Florida Building Code. Whenever a permit required under this
168 section is denied or revoked because the plan, or the
169 construction, erection, alteration, modification, repair, or
170 demolition of a building, is found by the local enforcing agency
171 to be not in compliance with the Florida Building Code, the
172 local enforcing agency shall identify the specific plan or
173 project features that do not comply with the applicable codes,
174 identify the specific code chapters and sections upon which the
175 finding is based, and provide this information to the permit
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176 applicant. A plans reviewer or building code administrator who
177 is responsible for issuing a denial, revocation, or modification
178 request but fails to provide to the permit applicant a reason
179 for denying, revoking, or requesting a modification, based on
180 compliance with the Florida Building Code or local ordinance, is
181 subject to disciplinary action against his or her license
182 pursuant to s. 468.621(1)(i). Installation, replacement,
183 removal, or metering of any load management control device is
184 exempt from and shall not be subject to the permit process and
185 fees otherwise required by this section.
186 (c) A local government that issues building permits may
187 send a written notice of expiration, by e-mail or United States
188 Postal Service, to the owner of the property and the contractor
189 listed on the permit, no less than 30 days before a building
190 permit is set to expire. The written notice must identify the
191 permit that is set to expire and the date the permit will
192 expire. A building permit issued by a local government for a
193 single-family dwelling expires 1 year after the issuance of the
194 permit or the effective date of the next edition of the Florida
195 Building Code, whichever is later.
196 (d) A local enforcement agency must allow requests for
197 inspections to be submitted electronically to the local
198 enforcement agency's appropriate building department. Acceptable
199 methods of electronic submission include, but are not limited
200 to, e-mail or fill-in form available on the website of the
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201 building department or through a third-party submission
202 management software or application that can be downloaded on a
203 mobile device. Requests for inspections may be submitted in a
204 nonelectronic format, at the discretion of the building
205 official. Inspection fees may not be based on the total cost of
206 a project and may not exceed the actual inspection costs
207 incurred by the local enforcement agency.
208 (g)1. A local government that issues building permits may
209 not require an owner of a single-family dwelling or the owner's
210 contractor to obtain a building permit to perform any work that
211 is valued at less than $7,500 on the single-family dwelling's
212 lot. However, a local government may require a building permit
213 for any electrical, plumbing, or structural work, not including
214 the repair or replacement of exterior doors or windows,
215 performed on a lot containing a single-family dwelling
216 regardless of the value of the work.
217 2. A contractor who performs work that does not require a
218 building permit under this paragraph must keep a written record
219 of the work performed, the property address at which the work
220 was performed, and the value of such work as proof that such
221 work complies with subparagraph 1.
222 Section 5. Section 553.791, Florida Statutes, is amended
223 to read:
224 553.791 Alternative plans review and inspection.—
225 (1) As used in this section, the term:
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226 (a) "Applicable codes" means the Florida Building Code and
227 any local technical amendments to the Florida Building Code but
228 does not include the applicable minimum fire prevention and
229 firesafety codes adopted pursuant to chapter 633.
230 (b) "Audit" means the process to confirm that the building
231 code inspection services have been performed by the private
232 provider, which is strictly limited to including ensuring that
233 the required affidavit for the plan review has been properly
234 completed and submitted with the permit documents and that the
235 minimum mandatory inspections required under the Florida
236 Building Code have been performed and properly recorded. The
237 local building official may not replicate the plan review or
238 inspection being performed by the private provider. The local
239 building official may only perform a site visit in connection
240 with the audit when the local building official has actual
241 knowledge that the forms and documents submitted by the private
242 provider are incomplete or incorrect, in which case the local
243 building official must provide written notice to the private
244 provider of the specific forms and documents that are incomplete
245 or incorrect before performing a site visit, unless expressly
246 authorized by this section.
247 (c) "Building" means any construction, erection,
248 alteration, demolition, or improvement of, or addition to, any
249 structure or site work for which permitting by a local
250 enforcement agency is required.
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251 (d) "Building code inspection services" means those
252 services described in s. 468.603(5) and (8) involving the review
253 of building plans as well as those services involving the review
254 of site plans and site work engineering plans or their
255 functional equivalent, to determine compliance with applicable
256 codes and those inspections required by law, conducted either in
257 person or virtually, of each phase of construction for which
258 permitting by a local enforcement agency is required to
259 determine compliance with applicable codes.
260 (e) "Deliver" or "delivery" means any method of delivery
261 used in conventional business or commercial practice, including
262 delivery by electronic transmissions such as e-mail or any other
263 form of electronic communication used to transmit information.
264 (f) "Duly authorized representative" means an agent of the
265 private provider identified in the permit application who
266 reviews plans or performs inspections as provided by this
267 section and who is licensed as an engineer under chapter 471 or
268 as an architect under chapter 481 or who holds a standard or
269 provisional certificate under part XII of chapter 468. A duly
270 authorized representative who only holds a provisional
271 certificate under part XII of chapter 468 must be under the
272 direct supervision of a person licensed as a building code
273 administrator under part XII of chapter 468.
274 (g) "Electronic signature" means any letters, characters,
275 or symbols manifested by electronic or similar means which are
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276 executed or adopted by a party with an intent to authenticate a
277 writing or record.
278 (h) "Electronic transmission" or "submitted
279 electronically" means any form or process of communication not
280 directly involving the physical transfer of paper or another
281 tangible medium which is suitable for the retention, retrieval,
282 and reproduction of information by the recipient and is
283 retrievable in paper form by the receipt through an automated
284 process. All notices provided for in this section may be
285 transmitted electronically and shall have the same legal effect
286 as if physically posted or mailed.
287 (i) "Electronically posted" means providing notices of
288 decisions, results, or records, including inspection records,
289 through the use of a website or other form of electronic
290 communication used to transmit or display information.
291 (j) "Immediate threat to public safety and welfare" means
292 a building code violation that, if allowed to persist,
293 constitutes an immediate hazard that could result in death,
294 serious bodily injury, or significant property damage. This
295 paragraph does not limit the authority of the local building
296 official to issue a Notice of Corrective Action at any time
297 during the construction of a building project or any portion of
298 such project if the official determines that a condition of the
299 building or portion thereof may constitute a hazard when the
300 building is put into use following completion as long as the
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301 condition cited is shown to be in violation of the building code
302 or approved plans.
303 (k) "Local building official" means the individual within
304 the governing jurisdiction responsible for direct regulatory
305 administration or supervision of plans review, enforcement, and
306 inspection of any construction, erection, alteration,
307 demolition, or substantial improvement of, or addition to, any
308 structure for which permitting is required to indicate
309 compliance with applicable codes and includes any duly
310 authorized designee of such person.
311 (l) "Permit application" means a properly completed and
312 submitted application for the requested building or construction
313 permit, including:
314 1. The plans reviewed by the private provider, inclusive
315 of site plans by a licensed reviewer, or in the case of a
316 single-trade plans review where a private provider uses an
317 automated or software-based plans review system pursuant to
318 subsection (6), the information reviewed by the automated or
319 software-based plans review system to determine compliance with
320 one or more applicable codes.
321 2. The affidavit from the private provider required under
322 subsection (6).
323 3. Any applicable fees.
324 4. Any documents required by the local building official
325 to determine that the fee owner has secured all other government
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326 approvals required by law.
327
328 All permit applications must be able to be submitted
329 electronically.
330 (m) "Plans" means building plans, site engineering plans,
331 or site plans, or their functional equivalent, submitted by a
332 fee owner or fee owner's contractor to a private provider or
333 duly authorized representative for review.
334 (n) "Private provider" means a person licensed as a
335 building code administrator under part XII of chapter 468, as an
336 engineer under chapter 471, or as an architect under chapter
337 481. For purposes of performing inspections under this section
338 for additions and alterations that are limited to 2,500 1,000
339 square feet or less to residential buildings, the term "private
340 provider" also includes a person who holds a standard
341 certificate under part XII of chapter 468.
342 (o) "Private provider firm" means a business organization,
343 including a corporation, partnership, business trust, or other
344 legal entity, which offers services under this chapter to the
345 public through persons licensees who are acting as agents,
346 employees, officers, or partners of the firm. A person who is
347 licensed as a building code administrator under part XII of
348 chapter 468, an engineer under chapter 471, or an architect
349 under chapter 481 may act as a private provider for an agent,
350 employee, or officer of the private provider firm.
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351 (p) "Request for certificate of occupancy or certificate
352 of completion" means a properly completed and executed
353 application for:
354 1. A certificate of occupancy or certificate of
355 completion.
356 2. A certificate of compliance from the private provider
357 required under subsection (14) (13).
358 3. Any applicable fees.
359 4. Any documents required by the local building official
360 to determine that the fee owner has secured all other government
361 approvals required by law.
362
363 All applications must be able to be submitted electronically.
364 (q) "Single-trade inspection" or "single-trade plans
365 review" means any inspection or plans review focused on a single
366 construction trade, such as plumbing, mechanical, or electrical.
367 The term includes, but is not limited to, inspections or plans
368 reviews of door or window replacements; fences and block walls
369 more than 6 feet high from the top of the wall to the bottom of
370 the footing; stucco or plastering; reroofing with no structural
371 alteration; solar energy and energy storage installations or
372 alterations; HVAC replacements; ductwork or fan replacements;
373 alteration or installation of wiring, lighting, and service
374 panels; water heater changeouts; sink replacements; and
375 repiping.
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376 (r) "Site work" means the portion of a construction
377 project that is not part of the building structure, including,
378 but not limited to, grading, excavation, landscape irrigation,
379 and installation of driveways.
380 (s) "Stop-work order" means the issuance of any written
381 statement, written directive, or written order which states the
382 reason for the order and the conditions under which the cited
383 work will be permitted to resume.
384 (t) "System of registration" means the system used to
385 verify compliance with the licensure and insurance requirements
386 for a private provider firm under this chapter.
387 (2)(a) Notwithstanding any other law or local government
388 ordinance or local policy, the fee owner of a building or
389 structure, or the fee owner's contractor upon written
390 authorization from the fee owner, may choose at any time to use
391 a private provider to provide building code inspection services
392 with regard to such building or structure and may make payment
393 directly to the private provider for the provision of such
394 services. All such services shall be the subject of an agreement
395 a written contract between the private provider, or the private
396 provider's firm, and the fee owner or the fee owner's
397 contractor, upon written authorization of the fee owner. The
398 agreement is not required to be submitted as part of the permit
399 application or as a condition for issuing a permit, and a local
400 building official or local government entity may not request
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401 such agreement or consent form as a condition for issuing a
402 permit. The fee owner may elect to use a private provider to
403 provide plans review or required building inspections, or both.
404 However, if the fee owner or the fee owner's contractor uses a
405 private provider to provide plans review, the local building
406 official, in his or her discretion and pursuant to duly adopted
407 policies of the local enforcement agency, may require the fee
408 owner or the fee owner's contractor to use a private provider to
409 also provide required building inspections.
410 (b) If a fee an owner or the fee owner's contractor
411 retains a private provider for purposes of plans review or
412 building inspection services, the local jurisdiction must reduce
413 the permit fee by the amount of cost savings realized by the
414 local enforcement agency for not having to perform such
415 services. Such reduction may be calculated on a flat fee or
416 percentage basis, or any other reasonable means by which a local
417 enforcement agency assesses the cost for its plans review or
418 inspection services. The reduced permit fee must be based on the
419 cost incurred by the local jurisdiction, including the labor
420 cost of the personnel providing such services and the clerical
421 and supervisory assistance required to comply with this section.
422 The local jurisdiction may not charge any additional fees for
423 building inspections or plans review if the fee owner or the fee
424 owner's contractor hires a private provider to perform such
425 services and the local jurisdiction may not charge punitive
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426 administrative fees for working with a private provider;
427 however, the local jurisdiction may charge a reasonable
428 administrative fee, which shall be based on the cost that is
429 actually incurred, including the labor cost of the personnel
430 providing the service, by the local jurisdiction or attributable
431 to the local jurisdiction for the clerical and supervisory
432 assistance required, or both.
433 (c) If a fee an owner or the fee owner's a contractor
434 retains a private provider for purposes of plans review or
435 building inspection services, the local jurisdiction must
436 immediately provide equal access to all permitting and
437 inspection documents and reports to the private provider, owner,
438 and contractor if such access is provided by software that
439 protects exempt records from disclosure.
440 (d) A local governmental entity or local building official
441 may not require additional forms beyond those required at
442 registration, except for the written notice required under
443 subsection (4), if a fee owner or the fee owner's contractor
444 uses a private provider.
445 (3) A private provider and any duly authorized
446 representative may only perform building code inspection
447 services that are within the disciplines covered by that
448 person's licensure or certification under chapter 468, chapter
449 471, or chapter 481, including single-trade inspections. A
450 private provider may not provide building code inspection
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451 services pursuant to this section upon any building designed or
452 constructed by the private provider or the private provider's
453 firm.
454 (4) A fee owner or the fee owner's contractor using a
455 private provider to provide building code inspection services
456 shall notify the local building official in writing at the time
457 of permit application, or by 2 p.m. local time, 2 business days
458 before the first scheduled inspection by the local building
459 official or building code enforcement agency that a private
460 provider has been contracted to perform the required inspections
461 of construction under this section, including single-trade
462 inspections, on the exact a form to be adopted by the
463 commission. Such form may not be altered by any local
464 governmental entity or local building official. This notice must
465 shall include the following information:
466 (a) The services to be performed by the private provider.
467 (b) The name, firm, address, telephone number, and e-mail
468 address of each private provider who is performing or will
469 perform such services, his or her professional license or
470 certification number, qualification statements or resumes, and,
471 if required by the local building official, a certificate of
472 insurance demonstrating that professional liability insurance
473 coverage is in place for the private provider's firm, the
474 private provider, and any duly authorized representative in the
475 amounts required by this section.
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476 (c) An acknowledgment from the fee owner or the fee
477 owner's contractor in substantially the following form:
478
479 I have elected to use one or more private providers to
480 provide building code plans review and/or inspection
481 services on the building or structure that is the
482 subject of the enclosed permit application, as
483 authorized by s. 553.791, Florida Statutes. I
484 understand that the local building official may not
485 review the plans submitted or perform the required
486 building inspections to determine compliance with the
487 applicable codes, except to the extent specified in
488 said law. Instead, plans review and/or required
489 building inspections will be performed by licensed or
490 certified personnel identified in the application. The
491 law requires minimum insurance requirements for such
492 personnel, but I understand that I may require more
493 insurance to protect my interests. By executing this
494 form, I acknowledge that I have made inquiry regarding
495 the competence of the licensed or certified personnel
496 and the level of their insurance and am satisfied that
497 my interests are adequately protected. I agree to
498 indemnify, defend, and hold harmless the local
499 government, the local building official, and their
500 building code enforcement personnel from any and all
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501 claims arising from my use of these licensed or
502 certified personnel to perform building code
503 inspection services with respect to the building or
504 structure that is the subject of the enclosed permit
505 application.
506
507 If the fee owner or the fee owner's contractor makes any changes
508 to the listed private providers or the services to be provided
509 by those private providers, the fee owner or the fee owner's
510 contractor shall, within 1 business day after any change or
511 within 2 business days before the next scheduled inspection,
512 update the notice to reflect such changes. A change of a duly
513 authorized representative named in the permit application does
514 not require a revision of the permit, and the building code
515 enforcement agency shall not charge a fee for making the change.
516 (5) After construction has commenced and if either the
517 local building official is unable to provide inspection services
518 in a timely manner or the work subject to inspection is related
519 to a single-trade inspection for a single-family or two-family
520 dwelling, the fee owner or the fee owner's contractor may elect
521 to use a private provider to provide inspection services by
522 notifying the local building official of the owner's or
523 contractor's intention to do so by 2 p.m. local time, 2 business
524 days before the next scheduled inspection using the notice
525 provided for in paragraphs (4)(a)-(c).
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526 (6) A private provider performing plans review under this
527 section shall review the plans to determine compliance with the
528 applicable codes. For single-trade plans reviews, a private
529 provider may use an automated or software-based plans review
530 system designed to determine compliance with one or more
531 applicable codes, including, but not limited to, the National
532 Electrical Code and the Florida Building Code. Upon determining
533 that the plans reviewed comply with the applicable codes, the
534 private provider shall prepare an affidavit or affidavits
535 certifying, under oath, that the following is true and correct
536 to the best of the private provider's knowledge and belief:
537 (a) The plans were reviewed by the affiant, who is duly
538 authorized to perform plans review pursuant to this section and
539 holds the appropriate license or certificate.
540 (b) The plans comply with the applicable codes.
541
542 Such affidavit may bear a written or electronic signature and
543 must have the ability to may be submitted electronically to the
544 local building official.
545 (7)(a) The local building official may not review plans,
546 construction drawings, or any other related documents determined
547 by a private provider to be compliant with the applicable codes.
548 (b) The local building official may review other forms and
549 documents required under this section for completeness only. The
550 local building official must provide written notice to a permit
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551 applicant of any incomplete forms or documents required under
552 this section no later than 10 days after receipt of a permit
553 application and an affidavit from the private provider as
554 required in subsection (6). The written notice must state with
555 specificity which forms or documents are incomplete.
556 (7)(a) No more than 20 business days, or if the permit
557 application is related to a single-trade plans review for a
558 single-family or two-family dwelling, no more than 5 business
559 days, after receipt of a permit application and the affidavit
560 from the private provider required pursuant to subsection (6),
561 the local building official shall issue the requested permit or
562 provide a written notice to the permit applicant identifying the
563 specific plan features that do not comply with the applicable
564 codes, as well as the specific code chapters and sections. If
565 the local building official does not provide such a written
566 notice of the plan deficiencies within 10 days the prescribed
567 time period, the permit application must be deemed approved as a
568 matter of law, and the permit must be issued by the local
569 building official on the next business day.
570 (c)(b) If the local building official provides a written
571 notice of plan deficiencies to the permit applicant of any
572 incomplete forms or documents required under this section at the
573 time of plan submission within the 10-day prescribed time
574 period, such the time period is tolled pending resolution of the
575 matter. To resolve the issues raised in the notice plan
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576 deficiencies, the permit applicant may elect to dispute the
577 issues deficiencies pursuant to subsection (16) (15) or to
578 submit revisions to correct the issues deficiencies.
579 (d)(c) If the permit applicant submits revisions, the
580 local building official has the remainder of the tolled 10-day
581 time period plus 5 business days after the date of resubmittal
582 to issue the requested permit or to provide a second written
583 notice to the permit applicant stating which of the previously
584 identified forms or documents plan features remain incomplete in
585 noncompliance with the applicable codes, with specific reference
586 to the relevant code chapters and sections. Any subsequent
587 review by the local building official is limited to the issues
588 deficiencies cited in the original written notice. If the local
589 building official does not provide the second written notice
590 within the prescribed time period, the permit must be deemed
591 approved as a matter of law, and the local building official
592 must issue the permit on the next business day.
593 (e)(d) If the local building official provides a second
594 written notice of plan deficiencies to the permit applicant
595 within the prescribed time period, the permit applicant may
596 elect to dispute the issues raised in the second notice
597 deficiencies pursuant to subsection (16) (15) or to submit
598 additional revisions to correct the issues deficiencies. For all
599 revisions submitted after the first revision, the local building
600 official has an additional 5 business days after the date of
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601 resubmittal to issue the requested permit or to provide a
602 written notice to the permit applicant stating which of the
603 previously identified forms or documents plan features remain
604 incomplete. If the local building official does not provide the
605 notice within the prescribed time period, the permit shall be
606 deemed approved as a matter of law, and the local building
607 official must issue the permit on the next business day in
608 noncompliance with the applicable codes, with specific reference
609 to the relevant code chapters and sections.
610 (8) A private provider performing required inspections
611 under this section shall inspect each phase of construction as
612 required by the applicable codes. Such inspection, including a
613 single-trade inspection, may be performed in person or
614 virtually. The private provider may have a duly authorized
615 representative perform the required inspections, provided all
616 required reports are prepared by and bear the written or
617 electronic signature of the private provider or the private
618 provider's duly authorized representative. The duly authorized
619 representative must be supervised by or be an employee of the
620 private provider and be entitled to receive reemployment
621 assistance benefits under chapter 443. The contractor's
622 contractual or legal obligations are not relieved by any action
623 of the private provider.
624 (9) A private provider performing required inspections
625 under this section shall provide notice to the local building
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626 official of the approximate date and time of any such
627 inspection. The local building official may not prohibit the
628 private provider from performing any inspection outside the
629 local building official's normal operating hours, including
630 after hours, weekends, or holidays. The local building official
631 may visit the building site as often as necessary to verify that
632 the private provider is performing all required inspections. A
633 deficiency notice must be posted by the private provider or, the
634 duly authorized representative of the private provider, or the
635 building department whenever a noncomplying item related to the
636 building code or the permitted documents is found. Such notice
637 may be physically posted at the job site or electronically
638 posted. After corrections are made, the item must be reinspected
639 by the private provider or his or her representative before
640 being concealed. Reinspection or reaudit fees shall not be
641 charged by The local jurisdiction may not charge any fees
642 related to the reinspection or any administrative matter related
643 to the reinspection.
644 (10) A local building official is not responsible for the
645 regulatory administration or supervision of building code
646 inspection services performed by a private provider hired by a
647 fee owner or the fee owner's contractor. Verification of
648 licensure and insurance requirements for a private provider
649 firm's duly authorized representative is the responsibility of
650 the private provider firm's management, and the local building
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651 official may not verify compliance or store information relating
652 to such verification as a result of the local jurisdiction's
653 audit inspection occurring before the performance of the private
654 provider's inspection or for any other administrative matter not
655 involving the detection of a violation of the building code or a
656 permit requirement.
657 (11)(10) If the private provider is a person licensed as
658 an engineer under chapter 471 or an architect under chapter 481
659 and affixes his or her professional seal to the affidavit
660 required under subsection (6), the local building official must
661 issue the requested permit or provide a written notice to the
662 permit applicant identifying the specific plan features that do
663 not comply with the applicable codes, as well as the specific
664 code chapters and sections, within 10 business days after
665 receipt of the permit application and affidavit. In such written
666 notice, the local building official must provide with
667 specificity the plan's deficiencies, the reasons the permit
668 application failed, and the applicable codes being violated. If
669 the local building official does not provide specific written
670 notice to the permit applicant within the prescribed 10-day
671 period, the permit application is deemed approved as a matter of
672 law, and the local building official must issue the permit on
673 the next business day.
674 (12)(11) If equipment replacements and repairs must be
675 performed in an emergency situation, subject to the emergency
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676 permitting provisions of the Florida Building Code, a private
677 provider may perform emergency inspection services without first
678 notifying the local building official pursuant to subsection
679 (9). A private provider must conduct the inspection within 3
680 business days after being contacted to conduct an emergency
681 inspection and must submit the inspection report to the local
682 building official within 1 day after the inspection is
683 completed.
684 (13)(12) Upon completing the required inspections at each
685 applicable phase of construction, the private provider shall
686 record such inspections on a form provided by the commission
687 acceptable to the local building official. The form must bear
688 the written or electronic signature of the private provider or
689 the private provider's duly authorized representative. These
690 inspection records must shall reflect those inspections required
691 by the applicable codes of each phase of construction for which
692 permitting by a local enforcement agency is required. The
693 private provider, upon completion of the required inspection,
694 shall post each completed inspection record, indicating pass or
695 fail, and provide the record to the local building official
696 within 4 2 business days. Such inspection record may be
697 electronically posted by the private provider, or the private
698 provider may post such inspection record physically at the
699 project site. The private provider may electronically transmit
700 the record to the local building official. The local building
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701 official may not fail any inspection that is performed by a
702 private provider for not having the inspection records at the
703 job site if the inspection records are transmitted within 4
704 business days. The local building official may waive the
705 requirement to provide a record of each inspection within 4 2
706 business days if the record is electronically posted or posted
707 at the project site and all such inspection records are
708 submitted with the certificate of compliance. Unless the records
709 have been electronically posted and transmitted, records of all
710 required and completed inspections shall be maintained at the
711 building site at all times and made available for review by the
712 local building official. The private provider shall report to
713 the local enforcement agency any condition that poses an
714 immediate threat to public safety and welfare.
715 (14)(13) Upon completion of all required inspections, the
716 private provider shall prepare a certificate of compliance, on a
717 form provided by the commission acceptable to the local building
718 official, summarizing the inspections performed and including a
719 written representation, under oath, that the stated inspections
720 have been performed and that, to the best of the private
721 provider's knowledge and belief, the building construction
722 inspected complies with the approved plans and applicable codes.
723 The certificate of compliance may be signed by any qualified
724 licensed individual employed full time by the private provider
725 firm under whose authority the inspection was completed. The
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726 statement required of the private provider shall be
727 substantially in the following form and shall be signed and
728 sealed by a private provider as established in subsection (1) or
729 may be electronically transmitted to the local building
730 official:
731
732 To the best of my knowledge and belief, the building
733 components and site improvements outlined herein and
734 inspected under my authority have been completed in
735 conformance with the approved plans and the applicable
736 codes.
737
738 (15)(a)(14)(a) The local building official may only
739 perform building inspections of construction that a private
740 provider has determined to be compliant with the applicable
741 codes if the local building official has actual knowledge that
742 the private provider did not perform the required inspections.
743 If the local building official has such knowledge, the local
744 building official must provide to the private provider written
745 notice of the facts and circumstances upon which the local
746 building official relied for such actual knowledge before
747 performing a required inspection. The local building official
748 may review forms and documents required under this section for
749 completeness only. No more than 10 business days, or if the
750 permit is related to single-family or two-family dwellings then
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751 no more than 2 business days, after receipt of a request for a
752 certificate of occupancy or certificate of completion and the
753 applicant's presentation of a certificate of compliance and
754 approval of all other government approvals required by law,
755 including the payment of all outstanding fees, the local
756 building official shall issue the certificate of occupancy or
757 certificate of completion or provide a notice to the applicant
758 of any incomplete forms or documents required under this section
759 identifying the specific deficiencies, as well as the specific
760 code chapters and sections.
761 (b) If the local building official does not provide notice
762 of any incomplete forms or documents the deficiencies within the
763 applicable time periods under paragraph (a), the request for a
764 certificate of occupancy or certificate of completion is
765 automatically granted and deemed issued as of the next business
766 day. The local building official must provide the applicant with
767 the written certificate of occupancy or certificate of
768 completion within 2 10 days after it is automatically granted
769 and issued. To resolve any identified issues deficiencies, the
770 applicant may elect to dispute the issues deficiencies pursuant
771 to subsection (16) (15) or to submit a corrected request for a
772 certificate of occupancy or certificate of completion.
773 (16)(15) If the local building official determines that
774 any forms or documents required under this section are
775 incomplete the building construction or plans do not comply with
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776 the applicable codes, the official may deny the permit or
777 request for a certificate of occupancy or certificate of
778 completion, as appropriate, or may issue a stop-work order for
779 the project or any portion thereof as provided by law, if the
780 official determines that the noncompliance poses an immediate
781 threat to public safety and welfare, subject to the following:
782 (a) The local building official shall be available to meet
783 with the private provider within 2 business days to resolve any
784 dispute after issuing a stop-work order or providing notice to
785 the applicant denying a permit or request for a certificate of
786 occupancy or certificate of completion.
787 (b) If the local building official and private provider
788 are unable to resolve the dispute, the matter shall be referred
789 to the local enforcement agency's board of appeals, if one
790 exists, which shall consider the matter at its next scheduled
791 meeting or sooner. Any decisions by the local enforcement
792 agency's board of appeals, or local building official if there
793 is no board of appeals, may be appealed to the commission as
794 provided by this chapter.
795 (c) Notwithstanding any provision of this section, any
796 decisions regarding the issuance of a building permit,
797 certificate of occupancy, or certificate of completion may be
798 reviewed by the local enforcement agency's board of appeals, if
799 one exists. Any decision by the local enforcement agency's board
800 of appeals, or local building official if there is no board of
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801 appeals, may be appealed to the commission as provided by this
802 chapter, which shall consider the matter at the commission's
803 next scheduled meeting.
804 (17)(16) For the purposes of this section, any notice to
805 be provided by the local building official shall be deemed to be
806 provided to the person or entity when successfully transmitted
807 to the e-mail address listed for that person or entity in the
808 permit application or revised permit application, or, if no e-
809 mail address is stated, when actually received by that person or
810 entity.
811 (18)(a)(17)(a) A local enforcement agency, local building
812 official, or local government may not adopt or enforce any laws,
813 rules, procedures, policies, qualifications, or standards more
814 stringent than those prescribed by this section.
815 (b) A local enforcement agency, local building official,
816 or local government must may establish, for private providers
817 and, private provider firms, and duly authorized representatives
818 working within that jurisdiction, a system of registration to
819 verify compliance with the licensure requirements of paragraph
820 (1)(n) and the insurance requirements of subsection (19) (18).
821 The local building official may not charge administrative fees
822 for the registration process for a private provider or for any
823 updates to a private provider registration.
824 (c) This section does not limit the authority of the local
825 building official to issue a stop-work order for a building
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826 project or any portion of the project, as provided by law, if
827 the official determines that a condition on the building site
828 constitutes an immediate threat to public safety and welfare,
829 provided such orders are in strict compliance with the
830 deficiency notice provisions of subsection (9).
831 (d) A local enforcement agency, local building official,
832 or local government may not prohibit or limit the use of virtual
833 inspections by private providers and private provider firms for
834 any type of construction such providers or firms have a license
835 to inspect.
836 (19)(18) A private provider may perform building code
837 inspection services on a building project under this section
838 only if the private provider maintains insurance for
839 professional liability covering all services performed as a
840 private provider. Such insurance shall have minimum policy
841 limits of $1 million per occurrence and $2 million in the
842 aggregate for any project with a construction cost of $5 million
843 or less and $2 million per occurrence and $4 million in the
844 aggregate for any project with a construction cost of over $5
845 million. Nothing in this section limits the ability of a fee
846 owner to require additional insurance or higher policy limits.
847 For these purposes, the term "construction cost" means the total
848 cost of building construction as stated in the building permit
849 application. If the private provider chooses to secure claims-
850 made coverage to fulfill this requirement, the private provider
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851 must also maintain coverage for a minimum of 5 years after
852 subsequent to the performance of building code inspection
853 services. The insurance required under this subsection shall be
854 written only by insurers authorized to do business in this state
855 with a minimum A.M. Best's rating of A. Before providing
856 building code inspection services within a local building
857 official's jurisdiction, a private provider must provide to the
858 local building official a certificate of insurance evidencing
859 that the coverages required under this subsection are in force.
860 (20)(19) When performing building code inspection
861 services, a private provider is subject to the disciplinary
862 guidelines of the applicable professional board with
863 jurisdiction over his or her license or certification under
864 chapter 468, chapter 471, or chapter 481. All private providers
865 shall be subject to the disciplinary guidelines of s.
866 468.621(1)(c)-(h). Any complaint processing, investigation, and
867 discipline that arise out of a private provider's performance of
868 building code inspection services shall be conducted by the
869 applicable professional board.
870 (21)(20) A local building code enforcement agency may not
871 audit the performance of building code inspection services by
872 private providers operating within the local jurisdiction until
873 the agency has created standard operating private provider audit
874 procedures for the agency's internal inspection and review
875 staff, which includes, at a minimum, the private provider audit
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876 purpose and scope, private provider audit criteria, an
877 explanation of private provider audit processes and objections,
878 and detailed findings of areas of noncompliance. Such private
879 provider audit procedures must be publicly available online, and
880 a printed version must be readily accessible in agency
881 buildings. The private provider audit results of staff for the
882 prior two quarters also must be publicly available. The agency's
883 audit processes must adhere to the agency's posted standard
884 operating audit procedures. The same private provider or private
885 provider firm may not be audited more than four times in a year
886 unless the local building official determines a condition of a
887 building constitutes an immediate threat to public safety and
888 welfare, which must be communicated in writing to the private
889 provider or private provider firm. The private provider or
890 private provider firm must be given notice of each audit to be
891 performed at least 5 business days before the audit. Work on a
892 building or structure may proceed after inspection and approval
893 by a private provider. The work may not be delayed for
894 completion of an inspection audit by the local building code
895 enforcement agency.
896 (22)(21) The local government, the local building
897 official, and their building code enforcement personnel shall be
898 immune from liability to any person or party for any action or
899 inaction by a fee owner of a building, or by a private provider
900 or its duly authorized representative, in connection with
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901 building code inspection services as authorized in this act. The
902 local government, local building official, and building code
903 enforcement personnel may not prohibit or discourage the use of
904 a private provider or a private provider firm.
905 (23)(22) Notwithstanding any other law, a county, a
906 municipality, a school district, or an independent special
907 district may use a private provider or a private provider firm
908 to provide building code inspection services for a public works
909 project, an improvement, a building, or any other structure that
910 is owned by the county, municipality, school district, or
911 independent special district.
912 Section 6. Section 553.792, Florida Statutes, is amended
913 to read:
914 553.792 Building permit application to local government.—
915 (1) The Florida Building Commission shall develop a
916 uniform building permit application for mandatory use by local
917 governments. The application must include a checklist by project
918 type for permitted work.
919 (2)(a)(1)(a) A local government must approve, approve with
920 conditions, or deny a building permit application after receipt
921 of a completed and sufficient application within the following
922 timeframes, unless the applicant waives such timeframes in
923 writing:
924 1. Within 5 business days after receiving a complete and
925 sufficient application, for an applicant using a local
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926 government plans reviewer to obtain the following building
927 permits for an existing single-family residential dwelling if
928 the value of the work is less than $15,000: structural,
929 accessory structure, alarm, electrical, irrigation, landscaping,
930 mechanical, plumbing, or roofing.
931 2.1. Within 30 business days after receiving a complete
932 and sufficient application, for an applicant using a local
933 government plans reviewer to obtain the following building
934 permits if the structure is less than 7,500 square feet:
935 residential units, including a single-family residential unit or
936 a single-family residential dwelling, accessory structure,
937 alarm, electrical, irrigation, landscaping, mechanical,
938 plumbing, or roofing.
939 3.2. Within 60 business days after receiving a complete
940 and sufficient application, for an applicant using a local
941 government plans reviewer to obtain the following building
942 permits if the structure is 7,500 square feet or more:
943 residential units, including a single-family residential unit or
944 a single-family residential dwelling, accessory structure,
945 alarm, electrical, irrigation, landscaping, mechanical,
946 plumbing, or roofing.
947 4.3. Within 60 business days after receiving a complete
948 and sufficient application, for an applicant using a local
949 government plans reviewer to obtain the following building
950 permits: signs or nonresidential buildings that are less than
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951 25,000 square feet.
952 5.4. Within 60 business days after receiving a complete
953 and sufficient application, for an applicant using a local
954 government plans reviewer to obtain the following building
955 permits: multifamily residential, not exceeding 50 units; site-
956 plan approvals and subdivision plats not requiring public
957 hearing or public notice; and lot grading and site alteration.
958 6.5. Within 12 business days after receiving a complete
959 and sufficient application, for an applicant using a master
960 building permit consistent with s. 553.794 to obtain a site-
961 specific building permit.
962 7.6. Within 10 business days after receiving a complete
963 and sufficient application, for an applicant for a single-family
964 residential dwelling applied for by a contractor licensed in
965 this state on behalf of a property owner who participates in a
966 Community Development Block Grant-Disaster Recovery program
967 administered by the Department of Commerce, unless the permit
968 application fails to satisfy the Florida Building Code or the
969 enforcing agency's laws or ordinances.
970
971 However, the local government may not require the waiver of the
972 timeframes in this section as a condition precedent to reviewing
973 an applicant's building permit application.
974 (b) A signed and sealed permit application and an
975 attestation by an architect licensed under chapter 481 or an
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976 engineer licensed under chapter 471 that the plans in the permit
977 application comply with the Florida Building Code for the
978 construction or renovation of a single-family dwelling located
979 in a jurisdiction for which a state of emergency was issued
980 within the 24 months before the submission of the application is
981 deemed approved. The local government shall issue such permit
982 within 2 days after approval.
983 (c)(b) A local government must meet the timeframes set
984 forth in this section for reviewing building permit applications
985 unless the timeframes set by local ordinance are more stringent
986 than those prescribed in this section.
987 (d)(c) After an applicant submits an application to the
988 local government, the local government must provide written
989 notice to the applicant within 5 business days after receipt of
990 the application advising the applicant what information, if any,
991 is needed to deem or determine that the application is properly
992 completed in compliance with the filing requirements published
993 by the local government. If the local government does not
994 provide timely written notice that the applicant has not
995 submitted the properly completed application, the application is
996 automatically deemed or determined to be properly completed and
997 accepted.
998 (e)(d) A local government shall maintain on its website a
999 policy containing procedures and expectations for expedited
1000 processing of those building permits and development orders
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1001 required by law to be expedited.
1002 (f)(e) If a local government fails to meet a deadline
1003 under this subsection, it must reduce the building permit fee by
1004 10 percent for each business day that it fails to meet the
1005 deadline, unless the parties agree in writing to a reasonable
1006 extension of time, the delay is caused by the applicant, or the
1007 delay is attributable to a force majeure or other extraordinary
1008 circumstances. Each 10-percent reduction shall be based on the
1009 original amount of the building permit fee, unless the parties
1010 agree to an extension of time.
1011 (g)(f) A local enforcement agency does not have to reduce
1012 the building permit fee if it provides written notice to the
1013 applicant by e-mail or United States Postal Service within the
1014 respective timeframes in paragraph (a) which specifically states
1015 the reasons the permit application fails to satisfy the Florida
1016 Building Code or the enforcing agency's laws or ordinances. The
1017 written notice must also state that the applicant has 10
1018 business days after receiving the written notice to submit
1019 revisions to correct the permit application and that failure to
1020 correct the application within 10 business days will result in a
1021 denial of the application.
1022 (h)(g) If the applicant submits revisions within 10
1023 business days after receiving the written notice, the local
1024 enforcement agency has 10 business days after receiving such
1025 revisions to approve or deny the building permit unless the
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1026 applicant agrees to a longer period in writing. If the local
1027 enforcement agency fails to issue or deny the building permit
1028 within 10 business days after receiving the revisions, it must
1029 reduce the building permit fee by 20 percent for each business
1030 day that it fails to meet the deadline unless the applicant
1031 agrees to a longer period in writing.
1032 (3)(2) If any building permit fees are refunded under this
1033 section, the surcharges provided in s. 468.631 or s. 553.721
1034 must be recalculated based on the amount of the building permit
1035 fees after the refund.
1036 Section 7. Paragraph (c) is added to subsection (1) of
1037 section 720.3035, Florida Statutes, to read:
1038 720.3035 Architectural control covenants; parcel owner
1039 improvements; rights and privileges.—
1040 (1)
1041 (c) An association or any architectural, construction
1042 improvement, or other such similar committee of an association
1043 may not require a building permit to be issued by a governmental
1044 authority to a parcel owner as a prerequisite for review by the
1045 association or committee concerning the construction of
1046 structures or improvements on the parcel.
1047 Section 8. This act shall take effect July 1, 2026.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 803 by Rep. Trabulsy
Building Permits and Inspections
AMENDMENT SUMMARY
January 20, 2026
The amendment:
• Requires contractors to retain documents related to certain construction projects
completed without a permit for a minimum of five years.
• Moves language related to flood protection walls and barriers, and retaining walls to the
correct section of Florida Statutes. Also, clarifies that local governments may not require
building permits for temporary residential hurricane and flood protection walls.
• Removes the notice requirement before a stop work order can be issued due to an
immediate threat to public safety and welfare.
• Removes overly broad language that prohibited requiring a permit after a state of
emergency for two years.
• Moves the provision related to the Florida Building Commission creating a uniform
application system to the correct section of Florida Statutes, clarifies that the
commission has rulemaking authority, sets a date for completion, and specifies that both
residential and commercial applications be created.
• Clarifies language related to private provider service contracts.
• Clarifies definitions, and makes technical and clarifying edits throughout.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Trabulsy offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (d) of subsection (4) of section
8 125.56, Florida Statutes, is amended to read:
9 125.56 Enforcement and amendment of the Florida Building
10 Code and the Florida Fire Prevention Code; inspection fees;
11 inspectors; etc.—
12 (4)
13 (d) A county that issues building permits may send a
14 written notice of expiration, by e-mail or United States Postal
15 Service, to the owner of the property and the contractor listed
16 on the permit, no less than 30 days before a building permit is
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Amendment No.
17 set to expire. The written notice must identify the permit that
18 is set to expire and the date the permit will expire. A building
19 permit issued by a county for a single-family dwelling expires 1
20 year after the issuance of the permit or on the effective date
21 of the next edition of the Florida Building Code, whichever is
22 later.
23
24 Section 2. Paragraph (o) of subsection (1) of section
25 489.129, Florida Statutes, is amended to read:
26 489.129 Disciplinary proceedings.—
27 (1) The board may take any of the following actions
28 against any certificateholder or registrant: place on probation
29 or reprimand the licensee, revoke, suspend, or deny the issuance
30 or renewal of the certificate or registration, require financial
31 restitution to a consumer for financial harm directly related to
32 a violation of a provision of this part, impose an
33 administrative fine not to exceed $10,000 per violation, require
34 continuing education, or assess costs associated with
35 investigation and prosecution, if the contractor, financially
36 responsible officer, or business organization for which the
37 contractor is a primary qualifying agent, a financially
38 responsible officer, or a secondary qualifying agent responsible
39 under s. 489.1195 is found guilty of any of the following acts:
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Amendment No.
40 (o) Proceeding on any job without obtaining applicable
41 local building department permits and inspections, unless
42 otherwise provided by law.
43
44 For the purposes of this subsection, construction is considered
45 to be commenced when the contract is executed and the contractor
46 has accepted funds from the customer or lender. A contractor
47 does not commit a violation of this subsection when the
48 contractor relies on a building code interpretation rendered by
49 a building official or person authorized by s. 553.80 to enforce
50 the building code, absent a finding of fraud or deceit in the
51 practice of contracting, or gross negligence, repeated
52 negligence, or negligence resulting in a significant danger to
53 life or property on the part of the building official, in a
54 proceeding under chapter 120.
55 Section 3. Section 553.79(1), Florida Statutes, is amended to
56 read:
57
58 1)(a) Unless otherwise provided by law, after the effective
59 date of the Florida Building Code adopted as herein provided, it
60 shall be unlawful for any person, firm, corporation, or
61 governmental entity to construct, erect, alter, modify, repair,
62 or demolish any building within this state without first
63 obtaining a permit therefor from the appropriate enforcing
64 agency or from such persons as may, by appropriate resolution or
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Amendment No.
65 regulation of the authorized state or local enforcing agency, be
66 delegated authority to issue such permits, upon the payment of
67 such reasonable fees adopted by the enforcing agency. The
68 enforcing agency is empowered to revoke any such permit upon a
69 determination by the agency that the construction, erection,
70 alteration, modification, repair, or demolition of the building
71 for which the permit was issued is in violation of, or not in
72 conformity with, the provisions of the Florida Building Code.
73 Whenever a permit required under this section is denied or
74 revoked because the plan, or the construction, erection,
75 alteration, modification, repair, or demolition of a building,
76 is found by the local enforcing agency to be not in compliance
77 with the Florida Building Code, the local enforcing agency shall
78 identify the specific plan or project features that do not
79 comply with the applicable codes, identify the specific code
80 chapters and sections upon which the finding is based, and
81 provide this information to the permit applicant. A plans
82 reviewer or building code administrator who is responsible for
83 issuing a denial, revocation, or modification request but fails
84 to provide to the permit applicant a reason for denying,
85 revoking, or requesting a modification, based on compliance with
86 the Florida Building Code or local ordinance, is subject to
87 disciplinary action against his or her license pursuant to s.
88 468.621(1)(i). Installation, replacement, removal, or metering
89 of any load management control device is exempt from and shall
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90 not be subject to the permit process and fees otherwise required
91 by this section.
92 b) A local enforcement agency shall post each type of
93 building permit application, as adopted by the commission,
94 including a list of all required attachments, drawings, or other
95 requirements for each type of application, on its website. A
96 local enforcement agency must post and update the status of
97 every received application on its website until the issuance of
98 the building permit. Local enforcement agencies must allow
99 applicants to submit completed applications, including payments,
100 attachments, drawings, or other requirements or parts of the
101 completed permit application, must be able to be submitted
102 electronically to the appropriate building department. Accepted
103 methods of electronic submission include, but are not limited
104 to, e-mail submission of applications in Portable Document
105 Format or submission of applications through an electronic fill-
106 in form available on the building department's website or
107 through a third-party submission management software. Building
108 officials, at their discretion, may also accept completed
109 Completed applications, including payments, attachments,
110 drawings, or other requirements or parts of the completed permit
111 application, may also be submitted in person in a nonelectronic
112 format, at the discretion of the building official.
113
114
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115 (c) A local government that issues building permits may
116 send a written notice of expiration, by e-mail or United States
117 Postal Service, to the owner of the property and the contractor
118 listed on the permit, no less than 30 days before a building
119 permit is set to expire. The written notice must identify the
120 permit that is set to expire and the date the permit will
121 expire. A building permit issued by a county for a single-family
122 dwelling expires 1 year after the issuance of the permit or on
123 the effective date of the next edition of the Florida Building
124 Code, whichever is later.
125 (d) A local enforcement agency must allow requests for
126 inspections to be submitted electronically to the local
127 enforcement agency's appropriate building department. Acceptable
128 methods of electronic submission include, but are not limited
129 to, e-mail or fill-in form available on the website of the
130 building department or through a third-party submission
131 management software or application that can be downloaded on a
132 mobile device. Requests for inspections may be submitted in a
133 nonelectronic format, at the discretion of the building
134 official.
135 (e) A local enforcement agency must post its procedures
136 for processing, reviewing, and approving submitted building
137 permit applications on its website.
138 (f) A local government may not require a contract between
139 a builder and an owner, any copies of such contract, or any
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140 associated document, including, but not limited to, letters of
141 intent, material costs lists, labor costs, or overhead or profit
142 statements, for the issuance of a building permit or as a
143 requirement for the submission of a building permit application.
144 Inspection fees may not be based on the total cost of a project
145 and may not exceed the actual inspection costs incurred by the
146 local enforcement agency.
147 (g) 1. A local government that issues building permits may
148 not require an owner of a single-family dwelling or the owner's
149 contractor to obtain a building permit to perform any work that
150 is valued at less than $7,500 on the single-family dwelling's
151 lot. However, a local government may require a building permit
152 for any electrical, plumbing, or structural work, not including
153 the repair or replacement of exterior doors or windows,
154 performed on a lot containing a single-family dwelling
155 regardless of the value of the work.
156 2. A contractor who performs work that does not require a
157 building permit under this paragraph must keep for a minimum of
158 five years a written record of the work performed, the property
159 address at which the work was performed, and the value of such
160 work as proof that such work complies with subparagraph 1.
161 (h) 1. A local government that issues building permits may
162 not require an owner of a single-family dwelling or the owner's
163 contractor to obtain a building permit for the installation of
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164 temporary residential hurricane and flood protection walls or
165 barriers that meet all of the following conditions:
166 a. The wall or barrier is nonhabitable and nonload-
167 bearing.
168 b. The wall or barrier is installed on the residential
169 property of a single-family or two-family dwelling or townhouse.
170 c. The wall or barrier is constructed to mitigate or
171 prevent storm surge or floodwaters from entering a structure or
172 property.
173 d. The wall or barrier is installed by a contractor
174 licensed under part I of chapter 489.
175 e. The wall or barrier complies with applicable local
176 zoning, drainage, easement, and setback requirements.
177 2. The commission may adopt rules under s. 120.54 to
178 incorporate necessary standards to implement this paragraph.
179 (i) A local government that issues building permits may
180 not require a building permit for retaining walls installed on
181 the residential property of a single-family or two-family
182 dwelling or a townhouse for each lot or parcel.
183 Section 4. Section 553.791, Florida Statutes, is amended
184 to read:
185 553.791 Alternative plans review and inspection.—
186 (1) As used in this section, the term:
187 (a) "Applicable codes" means the Florida Building Code and
188 any local technical amendments to the Florida Building Code but
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189 does not include the applicable minimum fire prevention and
190 firesafety codes adopted pursuant to chapter 633.
191 (b) "Audit" means the process to confirm that the building
192 code inspection services have been performed by the private
193 provider, including ensuring that the required affidavit for the
194 plan review has been properly completed and submitted with the
195 permit documents and that the minimum mandatory inspections
196 required under the building code have been performed and
197 properly recorded. The local building official may not replicate
198 the plan review or inspection being performed by the private
199 provider, unless expressly authorized by this section.
200 (c) "Building" means any construction, erection,
201 alteration, demolition, or improvement of, or addition to, any
202 structure or site work for which permitting by a local
203 enforcement agency is required.
204 (d) "Building code inspection services" means those
205 services described in s. 468.603(5) and (8) involving the review
206 of building plans as well as those services involving the review
207 of site plans and site work engineering plans or their
208 functional equivalent, to determine compliance with applicable
209 codes and those inspections required by law, conducted either in
210 person or virtually, of each phase of construction for which
211 permitting by a local enforcement agency is required to
212 determine compliance with applicable codes.
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213 (e) "Deliver" or "delivery" means any method of delivery
214 used in conventional business or commercial practice, including
215 delivery by electronic transmissions including e-mail or
216 submission through an electronic fill-in form available on the
217 building department's website or through a third-party
218 submission management software.
219 (f) "Duly authorized representative" means an agent of the
220 private provider identified in the permit application who
221 reviews plans or performs inspections as provided by this
222 section and who is licensed as an engineer under chapter 471 or
223 as an architect under chapter 481 or who holds a standard or
224 provisional certificate under part XII of chapter 468. A duly
225 authorized representative who only holds a provisional
226 certificate under part XII of chapter 468 must be under the
227 direct supervision of a person licensed as a building code
228 administrator under part XII of chapter 468.
229 (g) "Electronic signature" means any letters, characters,
230 or symbols manifested by electronic or similar means which are
231 executed or adopted by a party with an intent to authenticate a
232 writing or record.
233 (h) "Electronic transmission" or "submitted
234 electronically" means any form or process of communication not
235 directly involving the physical transfer of paper or another
236 tangible medium which is suitable for the retention, retrieval,
237 and reproduction of information by the recipient and is
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238 retrievable in paper form by the receipt through an automated
239 process. All notices, documents, and applications provided for
240 in this section may be transmitted electronically and shall have
241 the same legal effect as if physically posted or mailed.
242 (i) "Electronically posted" means providing notices of
243 decisions, results, or records, including inspection records,
244 through the use of a website or other form of electronic
245 communication used to transmit or display information.
246 (j) "Immediate threat to public safety and welfare" means
247 a building code violation that, if allowed to persist,
248 constitutes an immediate hazard that could result in death,
249 serious bodily injury, or significant property damage. This
250 paragraph does not limit the authority of the local building
251 official to issue a Notice of Corrective Action at any time
252 during the construction of a building project or any portion of
253 such project if the official determines that a condition of the
254 building or portion thereof may constitute a hazard when the
255 building is put into use following completion as long as the
256 condition cited is shown to be in violation of the building code
257 or approved plans.
258 (k) "Local building official" means the individual within
259 the governing jurisdiction responsible for direct regulatory
260 administration or supervision of plans review, enforcement, and
261 inspection of any construction, erection, alteration,
262 demolition, or substantial improvement of, or addition to, any
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263 structure for which permitting is required to indicate
264 compliance with applicable codes and includes any duly
265 authorized designee of such person.
266 (l) "Permit application" means a properly completed and
267 submitted application for the requested building or construction
268 permit, including:
269 1. The plans reviewed by the private provider, or in the
270 case of a single-trade plans review where a private provider
271 uses an automated or software-based plans review system pursuant
272 to subsection (6), the information reviewed by the automated or
273 software-based plans review system to determine compliance with
274 one or more applicable codes.
275 2. The affidavit from the private provider required under
276 subsection (6).
277 3. Any applicable fees.
278 4. Any documents required by the local building official
279 to determine that the fee owner has secured all other government
280 approvals required by law.
281 (m) "Plans" means building plans, site engineering plans,
282 or site plans, or their functional equivalent, submitted by a
283 fee owner or fee owner's contractor to a private provider or
284 duly authorized representative for review.
285 (n) "Private provider" means a person licensed as a
286 building code administrator under part XII of chapter 468, as an
287 engineer under chapter 471, or as an architect under chapter
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288 481. For purposes of performing inspections under this section
289 for additions and alterations that are limited to 1,000 square
290 feet or less to residential buildings, the term "private
291 provider" also includes a person who holds a standard
292 certificate under part XII of chapter 468.
293 (o) "Private provider firm" means a business organization,
294 including a corporation, partnership, business trust, or other
295 legal entity, which offers services under this chapter to the
296 public through licensees who are acting as agents, employees,
297 officers, or partners of the firm. A person who is licensed as a
298 building code administrator under part XII of chapter 468, an
299 engineer under chapter 471, or an architect under chapter 481
300 may act as a private provider for an agent, employee, or officer
301 of the private provider firm.
302 (p) "Request for certificate of occupancy or certificate
303 of completion" means a properly completed and executed
304 application for:
305 1. A certificate of occupancy or certificate of
306 completion.
307 2. A certificate of compliance from the private provider
308 required under subsection (13).
309 3. Any applicable fees.
310 4. Any documents required by the local building official
311 to determine that the fee owner has secured all other government
312 approvals required by law.
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313 (q) "Registration" means the roster of authorized private
314 provider firms held by each local enforcement agency.
315 (r)(q) "Single-trade inspection" or "single-trade plans
316 review" means any inspection or plans review focused on a single
317 construction trade, such as plumbing, mechanical, or electrical.
318 The term includes, but is not limited to, inspections or plans
319 reviews of door or window replacements; fences and block walls
320 more than 6 feet high from the top of the wall to the bottom of
321 the footing; stucco or plastering; reroofing with no structural
322 alteration; solar energy and energy storage installations or
323 alterations; HVAC replacements; ductwork or fan replacements;
324 alteration or installation of wiring, lighting, and service
325 panels; water heater changeouts; sink replacements; and
326 repiping.
327 (s)(r) "Site work" means the portion of a construction
328 project that is not part of the building structure, including,
329 but not limited to, grading, excavation, landscape irrigation,
330 and installation of driveways.
331 (t)(s) "Stop-work order" means the issuance of any written
332 statement, written directive, or written order which states the
333 reason for the order and the conditions under which the cited
334 work will be permitted to resume.
335 (2)(a) Notwithstanding any other law or local government
336 ordinance or local policy, the fee owner of a building or
337 structure, or the fee owner's contractor upon written
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338 authorization from the fee owner, may choose to use a private
339 provider to provide plans review or building code inspection
340 services with regard to such building or structure and may make
341 payment directly to the private provider for the provision of
342 such services. All such services shall be the subject of a
343 written contract between the private provider, or the private
344 provider's firm, and the fee owner or the fee owner's
345 contractor, upon written authorization of the fee owner. The
346 local enforcement agency may not require the contract be
347 provided as part of the permit application or as a condition for
348 issuing a permit. The fee owner may elect to use a private
349 provider to provide plans review or required building
350 inspections, or both. However, if the fee owner or the fee
351 owner's contractor uses a private provider to provide plans
352 review, the local building official, in his or her discretion
353 and pursuant to duly adopted policies of the local enforcement
354 agency, may require the fee owner or the fee owner's contractor
355 to use a private provider to also provide required building
356 inspections.
357 (b) If a fee an owner or the fee owner's contractor
358 retains a private provider for purposes of plans review or
359 building inspection services, the local jurisdiction must reduce
360 the permit fee by the amount of cost savings realized by the
361 local enforcement agency for not having to perform such
362 services. Such reduction may be calculated on a flat fee or
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363 percentage basis, or any other reasonable means by which a local
364 enforcement agency assesses the cost for its plans review or
365 inspection services. The permit fee must be based on the cost
366 incurred by the local jurisdiction, including the labor cost of
367 the personnel providing such services and the clerical and
368 supervisory assistance required to comply with this section. The
369 local jurisdiction may not charge fees for plans review or
370 building inspections if the fee owner or the fee owner's
371 contractor hires a private provider to perform such services;
372 however, the local jurisdiction may charge a reasonable
373 administrative fee, which shall be based on the cost that is
374 actually incurred, including the labor cost of the personnel
375 providing the service, by the local jurisdiction or attributable
376 to the local jurisdiction for the clerical and supervisory
377 assistance required, or both. The local enforcement agency may
378 not charge punitive administrative fees when an owner has chosen
379 to work with a private provider.
380 (c) If an owner or a contractor retains a private provider
381 for purposes of plans review or building inspection services,
382 the local jurisdiction must provide equal access to all
383 permitting and inspection documents and reports to the private
384 provider, owner, and contractor if such access is provided by
385 software that protects exempt records from disclosure. Access to
386 these documents must be provided promptly.
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387 (d) A local government or local building official may not
388 require additional forms beyond those required at registration,
389 except for the written notice required under subsection (5), if
390 a fee owner or the fee owner's contractor uses a private
391 provider.
392 (3) A private provider and any duly authorized
393 representative may only perform building code inspection
394 services that are within the disciplines covered by that
395 person's licensure or certification under chapter 468, chapter
396 471, or chapter 481, including single-trade inspections. A
397 private provider may not provide building code inspection
398 services pursuant to this section upon any building designed or
399 constructed by the private provider or the private provider's
400 firm.
401 (4) A local enforcement agency must create a registration
402 system for private providers and private provider firms working
403 in their jurisdiction. Local enforcement agencies must have a
404 method to register and update registration electronically. Local
405 enforcement agencies may not charge administrative fees for
406 registration or registration updates. Private provider firms
407 must provide contact information and verify compliance with the
408 licensure requirements of (1)(n) and the insurance requirements
409 of (21). Private provider firms working in the jurisdiction must
410 register with the local enforcement agency before contracting to
411 provide services in the jurisdiction. Private provider firms
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412 must update their registration within 5 business days of any
413 change to contact information, licensure, or insurance coverage.
414 (5)(4) A fee owner or the fee owner's contractor using a
415 private provider to provide building code inspection services
416 shall notify the local building official in writing at the time
417 of permit application, or by 2 p.m. local time, 2 business days
418 before the first scheduled inspection by the local building
419 official or building code enforcement agency that a private
420 provider has been contracted to perform the required inspections
421 of construction under this section, including single-trade
422 inspections, on a form to be adopted by the commission. The
423 local enforcement agency may not alter the form. This notice
424 must shall include the following information:
425 (a) The services to be performed by the private provider.
426 (b) The name, firm, address, telephone number, and e-mail
427 address of each private provider who is performing or will
428 perform such services, his or her professional license or
429 certification number, qualification statements or resumes, and,
430 if required by the local building official, a certificate of
431 insurance demonstrating that professional liability insurance
432 coverage is in place for the private provider's firm, the
433 private provider, and any duly authorized representative in the
434 amounts required by this section.
435 (c) An acknowledgment from the fee owner or the fee
436 owner's contractor in substantially the following form:
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437 I have elected to use one or more private providers to provide
438 building code plans review and/or inspection services on the
439 building or structure that is the subject of the enclosed permit
440 application, as authorized by s. 553.791, Florida Statutes. I
441 understand that the local building official may not review the
442 plans submitted or perform the required building inspections to
443 determine compliance with the applicable codes, except to the
444 extent specified in said law. Instead, plans review and/or
445 required building inspections will be performed by licensed or
446 certified personnel identified in the application. The law
447 requires minimum insurance requirements for such personnel, but
448 I understand that I may require more insurance to protect my
449 interests. By executing this form, I acknowledge that I have
450 made inquiry regarding the competence of the licensed or
451 certified personnel and the level of their insurance and am
452 satisfied that my interests are adequately protected. I agree to
453 indemnify, defend, and hold harmless the local government, the
454 local building official, and their building code enforcement
455 personnel from any and all claims arising from my use of these
456 licensed or certified personnel to perform building code
457 inspection services with respect to the building or structure
458 that is the subject of the enclosed permit application.
459
460 If the fee owner or the fee owner's contractor makes any changes
461 to the listed private providers or the services to be provided
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462 by those private providers, the fee owner or the fee owner's
463 contractor shall, within 1 business day after any change or
464 within 2 business days before the next scheduled inspection,
465 update the notice to reflect such changes. A change of a duly
466 authorized representative named in the permit application does
467 not require a revision of the permit, and the building code
468 enforcement agency shall not charge a fee for making the change.
469 (6)(5) After construction has commenced and if either the
470 local building official is unable to provide inspection services
471 in a timely manner or the work subject to inspection is related
472 to a single-trade inspection for a single-family or two-family
473 dwelling, the fee owner or the fee owner's contractor may elect
474 to use a private provider to provide inspection services for a
475 single-trade inspection for a single-family or two-family
476 dwelling by notifying the local building official of the owner's
477 or contractor's intention to do so by 2 p.m. local time, 2
478 business days before the next scheduled inspection using the
479 notice provided for in paragraphs (5)(4)(a)-(c).
480 (7)(6) A private provider performing plans review under
481 this section shall review the plans to determine compliance with
482 the applicable codes. For single-trade plans reviews, a private
483 provider may use an automated or software-based plans review
484 system designed to determine compliance with one or more
485 applicable codes, including, but not limited to, the National
486 Electrical Code and the Florida Building Code. Upon determining
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487 that the plans reviewed comply with the applicable codes, the
488 private provider shall prepare an affidavit or affidavits
489 certifying, under oath, that the following is true and correct
490 to the best of the private provider's knowledge and belief:
491 (a) The plans were reviewed by the affiant, who is duly
492 authorized to perform plans review pursuant to this section and
493 holds the appropriate license or certificate.
494 (b) The plans comply with the applicable codes.
495
496 Such affidavit may bear a written or electronic signature and
497 may be submitted electronically to the local building official.
498 Local enforcement agencies must accept electronic affidavits.
499 (8)(a) The local building official may not review plans,
500 construction drawings, or any other related documents determined
501 by a private provider to be compliant with the applicable codes.
502 (b) The local building official may review other forms and
503 documents required under this section for completeness only. The
504 local building official must provide written notice to a permit
505 applicant of any incomplete forms or documents required under
506 this section no later than 10 days after receipt of a permit
507 application and an affidavit from the private provider as
508 required in subsection (6). The written notice must state with
509 specificity which forms or documents are incomplete.
510 (7)(a) No more than 20 business days, or if the permit
511 application is related to a single-trade plans review for a
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512 single-family or two-family dwelling, no more than 5 business
513 days, after receipt of a permit application and the affidavit
514 from the private provider required pursuant to subsection (6),
515 the local building official shall issue the requested permit or
516 provide a written notice to the permit applicant identifying the
517 specific plan features that do not comply with the applicable
518 codes, as well as the specific code chapters and sections. If
519 the local building official does not provide such a written
520 notice of the plan deficiencies within 10 days the prescribed
521 time period, the permit application must be deemed approved as a
522 matter of law, and the permit must be issued by the local
523 building official on the next business day.
524 (c)(b) If the local building official provides a written
525 notice of plan deficiencies to the permit applicant of any
526 incomplete forms or documents required under this section at the
527 time of plan submission within the 10-day prescribed time
528 period, such the time period is tolled pending resolution of the
529 matter. To resolve the issues raised in the notice plan
530 deficiencies, the permit applicant may elect to dispute the
531 issues deficiencies pursuant to subsection (16) (15) or to
532 submit revisions to correct the issues deficiencies.
533 (d)(c) If the permit applicant submits revisions, the
534 local building official has the remainder of the tolled 10-day
535 time period plus 5 business days after the date of resubmittal
536 to issue the requested permit or to provide a second written
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537 notice to the permit applicant stating which of the previously
538 identified forms or documents plan features remain incomplete in
539 noncompliance with the applicable codes, with specific reference
540 to the relevant code chapters and sections. Any subsequent
541 review by the local building official is limited to the issues
542 deficiencies cited in the original written notice. If the local
543 building official does not provide the second written notice
544 within the prescribed time period, the permit must be deemed
545 approved as a matter of law, and the local building official
546 must issue the permit on the next business day.
547 (e)(d) If the local building official provides a second
548 written notice of plan deficiencies to the permit applicant
549 within the prescribed time period, the permit applicant may
550 elect to dispute the issues raised in the second notice
551 deficiencies pursuant to subsection (16) (15) or to submit
552 additional revisions to correct the issues deficiencies. For all
553 revisions submitted after the first revision, the local building
554 official has an additional 5 business days after the date of
555 resubmittal to issue the requested permit or to provide a
556 written notice to the permit applicant stating which of the
557 previously identified forms or documents plan features remain
558 incomplete. If the local building official does not provide the
559 notice within the prescribed time period, the permit shall be
560 deemed approved as a matter of law, and the local building
561 official must issue the permit on the next business day in
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562 noncompliance with the applicable codes, with specific reference
563 to the relevant code chapters and sections.
564 (9)(8) A private provider performing required inspections
565 under this section shall inspect each phase of construction as
566 required by the applicable codes. Such inspection, including a
567 single-trade inspection, may be performed in person or
568 virtually. The private provider may have a duly authorized
569 representative perform the required inspections, provided all
570 required reports are prepared by and bear the written or
571 electronic signature of the private provider or the private
572 provider's duly authorized representative. The duly authorized
573 representative must be an employee of the private provider
574 entitled to receive reemployment assistance benefits under
575 chapter 443. The contractor's contractual or legal obligations
576 are not relieved by any action of the private provider.
577 (10)(9) A private provider performing required inspections
578 under this section shall provide notice to the local building
579 official of the approximate date and time of any such
580 inspection. The local building official may not prohibit the
581 private provider from performing any inspection outside the
582 local building official's normal operating hours, including
583 after hours, weekends, or holidays. The local building official
584 may visit the building site as often as necessary to verify that
585 the private provider is performing all required inspections. A
586 deficiency notice must be posted by the private provider, the
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Bill No. HB 803 (2026)
Amendment No.
587 duly authorized representative of the private provider, or the
588 building department whenever a noncomplying item related to the
589 building code or the permitted documents is found. Such notice
590 may be physically posted at the job site or electronically
591 posted. After corrections are made, the item must be reinspected
592 by the private provider or representative of the private
593 provider before being concealed. The Reinspection or reaudit
594 fees shall not be charged by the local jurisdiction may not
595 charge reinspection or reaudit fees as a result of the local
596 jurisdiction's audit inspection occurring before the performance
597 of the private provider's inspection or for any other
598 administrative matter not involving the detection of a violation
599 of the building code or a permit requirement.
600 (11) A local enforcement agency is not responsible for the
601 regulatory administration or supervision of building code
602 inspection services performed by a private provider hired by a
603 fee owner or a fee owner's contractor. A local enforcement
604 agency may not require additional verification of licensure or
605 insurance beyond that which is required at registration.
606 (12)(10) If the private provider is a person licensed as
607 an engineer under chapter 471 or an architect under chapter 481
608 and affixes his or her professional seal to the affidavit
609 required under subsection (6), the local building official must
610 issue the requested permit or provide a written notice to the
611 permit applicant identifying the specific plan features that do
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Bill No. HB 803 (2026)
Amendment No.
612 not comply with the applicable codes, as well as the specific
613 code chapters and sections, within 10 business days after
614 receipt of the permit application and affidavit. In such written
615 notice, the local building official must provide with
616 specificity the plan's deficiencies, the reasons the permit
617 application failed, and the applicable codes being violated. If
618 the local building official does not provide specific written
619 notice to the permit applicant within the prescribed 10-day
620 period, the permit application is deemed approved as a matter of
621 law, and the local building official must issue the permit on
622 the next business day.
623 (13)(11) If equipment replacements and repairs must be
624 performed in an emergency situation, subject to the emergency
625 permitting provisions of the Florida Building Code, a private
626 provider may perform emergency inspection services without first
627 notifying the local building official pursuant to subsection
628 (9). A private provider must conduct the inspection within 3
629 business days after being contacted to conduct an emergency
630 inspection and must submit the inspection report to the local
631 building official within 1 day after the inspection is
632 completed.
633 (14)(12) Upon completing the required inspections at each
634 applicable phase of construction, the private provider shall
635 record such inspections on a form provided by the commission
636 acceptable to the local building official. The form must bear
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Bill No. HB 803 (2026)
Amendment No.
637 the written or electronic signature of the private provider or
638 the provider's duly authorized representative. These inspection
639 records must shall reflect those inspections required by the
640 applicable codes of each phase of construction for which
641 permitting by a local enforcement agency is required. The
642 private provider, upon completion of the required inspection,
643 shall post each completed inspection record, indicating pass or
644 fail, and provide the record to the local building official
645 within 4 2 business days. Such inspection record may be
646 electronically posted by the private provider, or the private
647 provider may post such inspection record physically at the
648 project site. The private provider may electronically transmit
649 the record to the local building official. The local building
650 official may waive the requirement to provide a record of each
651 inspection within 4 2 business days if the record is
652 electronically posted or posted at the project site and all such
653 inspection records are submitted with the certificate of
654 compliance. Unless the records have been electronically posted
655 and transmitted, records of all required and completed
656 inspections shall be maintained at the building site at all
657 times and made available for review by the local building
658 official. A local building official may not fail any inspection
659 performed by a private provider due to the inspection records
660 not being at the job site if the inspection records have been
661 electronically transmitted to the local building official within
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Bill No. HB 803 (2026)
Amendment No.
662 the 4 business day requirement. The private provider shall
663 report to the local enforcement agency any condition that poses
664 an immediate threat to public safety and welfare.
665 (15)(13) Upon completion of all required inspections, the
666 private provider firm shall prepare a certificate of compliance,
667 on a form provided by the commission acceptable to the local
668 building official, summarizing the inspections performed and
669 including a written representation, under oath, that the stated
670 inspections have been performed and that, to the best of the
671 private provider's knowledge and belief, the building
672 construction inspected complies with the approved plans and
673 applicable codes. The certificate of compliance may be signed by
674 any qualified licensed individual employed full time by the
675 private provider firm under whose authority the inspection was
676 competed. The statement required of the private provider shall
677 be substantially in the following form and shall be signed and
678 sealed by a private provider as established in subsection (1) or
679 may be electronically transmitted to the local building
680 official:
681
682 To the best of my knowledge and belief, the building components
683 and site improvements outlined herein and inspected under my
684 authority have been completed in conformance with the approved
685 plans and the applicable codes.
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Bill No. HB 803 (2026)
Amendment No.
686 (16)(14)(a) The local building official may only perform
687 building inspections of construction that a private provider has
688 determined to be compliant with the applicable codes if the
689 local building official has actual knowledge that the private
690 provider did not perform the required inspections. If the local
691 building official has such knowledge, the local building
692 official must provide to the private provider written notice of
693 the facts and circumstances upon which the local building
694 official relied for such actual knowledge before performing a
695 required inspection. The local building official may review
696 forms and documents required under this section for completeness
697 only. No more than 10 business days, or if the permit is related
698 to single-family or two-family dwellings then no more than 2
699 business days, after receipt of a request for a certificate of
700 occupancy or certificate of completion and the applicant's
701 presentation of a certificate of compliance and approval of all
702 other government approvals required by law, including the
703 payment of all outstanding fees, the local building official
704 shall issue the certificate of occupancy or certificate of
705 completion or provide a notice to the applicant of any
706 incomplete forms or documents required under this section
707 identifying the specific deficiencies, as well as the specific
708 code chapters and sections.
709 (17)(15) If the local building official determines that
710 the building construction or plans do not comply with the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
711 applicable codes, the official may deny the permit or request
712 for a certificate of occupancy or certificate of completion, as
713 appropriate, or may issue a stop-work order for the project or
714 any portion thereof as provided by law, if the official
715 determines that the noncompliance poses an immediate threat to
716 public safety and welfare, subject to the following:
717 (a) The local building official shall be available to meet
718 with the private provider within 2 business days to resolve any
719 dispute after issuing a stop-work order or providing notice to
720 the applicant denying a permit or request for a certificate of
721 occupancy or certificate of completion.
722 (b) If the local building official and private provider
723 are unable to resolve the dispute, the matter shall be referred
724 to the local enforcement agency's board of appeals, if one
725 exists, which shall consider the matter at its next scheduled
726 meeting or sooner. Any decisions by the local enforcement
727 agency's board of appeals, or local building official if there
728 is no board of appeals, may be appealed to the commission as
729 provided by this chapter.
730 (c) Notwithstanding any provision of this section, any
731 decisions regarding the issuance of a building permit,
732 certificate of occupancy, or certificate of completion may be
733 reviewed by the local enforcement agency's board of appeals, if
734 one exists. Any decision by the local enforcement agency's board
735 of appeals, or local building official if there is no board of
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Bill No. HB 803 (2026)
Amendment No.
736 appeals, may be appealed to the commission as provided by this
737 chapter, which shall consider the matter at the commission's
738 next scheduled meeting.
739 (18)(16) For the purposes of this section, any notice to
740 be provided by the local building official shall be deemed to be
741 provided to the person or entity when successfully transmitted
742 to the e-mail address listed for that person or entity in the
743 permit application or revised permit application, or, if no e-
744 mail address is stated, when actually received by that person or
745 entity.
746 (19)(17)(a) A local enforcement agency, local building
747 official, or local government may not adopt or enforce any laws,
748 rules, procedures, policies, qualifications, or standards more
749 stringent than those prescribed by this section.
750 (b) A local enforcement agency, local building official,
751 or local government may establish, for private providers,
752 private provider firms, and duly authorized representatives
753 working within that jurisdiction, a system of registration to
754 verify compliance with the licensure requirements of paragraph
755 (1)(n) and the insurance requirements of subsection (18).
756 (b)(c) This section does not limit the authority of the
757 local building official to issue a stop-work order for a
758 building project or any portion of the project, as provided by
759 law, if the official determines that a condition on the building
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Bill No. HB 803 (2026)
Amendment No.
760 site constitutes an immediate threat to public safety and
761 welfare.
762 (c) A local enforcement agency may not prohibit or limit private
763 providers from using virtual inspections if the virtual
764 inspections are not prohibited by the applicable codes.
765 (20)(18) A private provider may perform building code
766 inspection services on a building project under this section
767 only if the private provider maintains insurance for
768 professional liability covering all services performed as a
769 private provider. Such insurance shall have minimum policy
770 limits of $1 million per occurrence and $2 million in the
771 aggregate for any project with a construction cost of $5 million
772 or less and $2 million per occurrence and $4 million in the
773 aggregate for any project with a construction cost of over $5
774 million. Nothing in this section limits the ability of a fee
775 owner to require additional insurance or higher policy limits.
776 For these purposes, the term "construction cost" means the total
777 cost of building construction as stated in the building permit
778 application. If the private provider chooses to secure claims-
779 made coverage to fulfill this requirement, the private provider
780 must also maintain coverage for a minimum of 5 years after
781 subsequent to the performance of building code inspection
782 services. The insurance required under this subsection shall be
783 written only by insurers authorized to do business in this state
784 with a minimum A.M. Best's rating of A. Before providing
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Bill No. HB 803 (2026)
Amendment No.
785 building code inspection services within a local building
786 official's jurisdiction, a private provider must provide to the
787 local building official a certificate of insurance evidencing
788 that the coverages required under this subsection are in force.
789 (21)(19) When performing building code inspection
790 services, a private provider is subject to the disciplinary
791 guidelines of the applicable professional board with
792 jurisdiction over his or her license or certification under
793 chapter 468, chapter 471, or chapter 481. All private providers
794 shall be subject to the disciplinary guidelines of s.
795 468.621(1)(c)-(h). Any complaint processing, investigation, and
796 discipline that arise out of a private provider's performance of
797 building code inspection services shall be conducted by the
798 applicable professional board.
799 (22)(20) A local building code enforcement agency may not
800 audit the performance of building code inspection services by
801 private providers operating within the local jurisdiction until
802 the agency has created standard operating private provider audit
803 procedures for the agency's internal inspection and review
804 staff, which includes, at a minimum, the private provider audit
805 purpose and scope, private provider audit criteria, an
806 explanation of private provider audit processes and objections,
807 and detailed findings of areas of noncompliance. Such private
808 provider audit procedures must be publicly available online, and
809 a printed version must be readily accessible in agency
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
810 buildings. The private provider audit results of staff for the
811 prior two quarters also must be publicly available. The agency's
812 audit processes must adhere to the agency's posted standard
813 operating audit procedures. The same private provider or private
814 provider firm may not be audited more than four times in a year
815 unless the local building official determines a condition of a
816 building constitutes an immediate threat to public safety and
817 welfare, which must be communicated in writing to the private
818 provider or private provider firm. The private provider or
819 private provider firm must be given notice of each audit to be
820 performed at least 5 business days before the audit. Work on a
821 building or structure may proceed after inspection and approval
822 by a private provider. The work may not be delayed for
823 completion of an inspection audit by the local building code
824 enforcement agency.
825 (23)(21) The local government, the local building
826 official, and their building code enforcement personnel shall be
827 immune from liability to any person or party for any action or
828 inaction by a fee owner of a building, or by a private provider
829 or its duly authorized representative, in connection with
830 building code inspection services as authorized in this act. A
831 local government, local enforcement agency, local building
832 official, and building code enforcement personnel may not
833 prohibit or discourage the use of a private provider or a
834 private provider firm.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
835 (24)(22) Notwithstanding any other law, a county, a
836 municipality, a school district, or an independent special
837 district may use a private provider, private provider firm or
838 employ a licensed building inspector, as described in s.
839 468.603(5)(a) or a person who holds the same licensure as or
840 certificate as a private provider, to provide building code
841 inspection services for a public works project, an improvement,
842 a building, or any other structure that is owned by the county,
843 municipality, school district, or independent special district.
844 Section 5. Paragraph (a) of subsection (1) of section
845 553.792, Florida Statutes, is amended to read:
846 553.792 Building permit application to local government.—
847 (1)(a) A local government must approve, approve with
848 conditions, or deny a building permit application after receipt
849 of a completed and sufficient application within the following
850 timeframes, unless the applicant waives such timeframes in
851 writing:
852 1. Within 5 business days after receiving a complete and
853 sufficient application, for an applicant using a local
854 government plans reviewer to obtain the following building
855 permits for an existing single-family residential dwelling if
856 the value of the work is less than $15,000: structural,
857 accessory structure, alarm, electrical, irrigation, landscaping,
858 mechanical, plumbing, or roofing.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
859 2.1. Within 30 business days after receiving a complete
860 and sufficient application, for an applicant using a local
861 government plans reviewer to obtain the following building
862 permits if the structure is less than 7,500 square feet:
863 residential units, including a single-family residential unit or
864 a single-family residential dwelling, accessory structure,
865 alarm, electrical, irrigation, landscaping, mechanical,
866 plumbing, or roofing.
867 3.2. Within 60 business days after receiving a complete
868 and sufficient application, for an applicant using a local
869 government plans reviewer to obtain the following building
870 permits if the structure is 7,500 square feet or more:
871 residential units, including a single-family residential unit or
872 a single-family residential dwelling, accessory structure,
873 alarm, electrical, irrigation, landscaping, mechanical,
874 plumbing, or roofing.
875 4.3. Within 60 business days after receiving a complete
876 and sufficient application, for an applicant using a local
877 government plans reviewer to obtain the following building
878 permits: signs or nonresidential buildings that are less than
879 25,000 square feet.
880 5.4. Within 60 business days after receiving a complete
881 and sufficient application, for an applicant using a local
882 government plans reviewer to obtain the following building
883 permits: multifamily residential, not exceeding 50 units; site-
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
884 plan approvals and subdivision plats not requiring public
885 hearing or public notice; and lot grading and site alteration.
886 6.5. Within 12 business days after receiving a complete
887 and sufficient application, for an applicant using a master
888 building permit consistent with s. 553.794 to obtain a site-
889 specific building permit.
890 7.6. Within 10 business days after receiving a complete
891 and sufficient application, for an applicant for a single-family
892 residential dwelling applied for by a contractor licensed in
893 this state on behalf of a property owner who participates in a
894 Community Development Block Grant-Disaster Recovery program
895 administered by the Department of Commerce, unless the permit
896 application fails to satisfy the Florida Building Code or the
897 enforcing agency's laws or ordinances.
898
899 However, the local government may not require the waiver of the
900 timeframes in this section as a condition precedent to reviewing
901 an applicant's building permit application.
902 Section 6. Subsection (1) of section 553.77, Florida
903 Statutes, is amended to read:
904 553.77 Specific powers of the commission.—
905 (1) The commission shall:
906 (a) Adopt and update the Florida Building Code or
907 amendments thereto, pursuant to ss. 120.536(1) and 120.54.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
908 (b) By July 1, 2027, adopt pursuant to ss. 120.536(1) and
909 120.54 a uniform commercial building permit application to be
910 used statewide for commercial construction projects and a
911 uniform residential building permit application to be used
912 statewide for residential construction projects.
913 (c)(b) Make a continual study of the operation of the
914 Florida Building Code and other laws relating to the design,
915 construction, erection, alteration, modification, repair, or
916 demolition of public or private buildings, structures, and
917 facilities, including manufactured buildings, and code
918 enforcement, to ascertain their effect upon the cost of building
919 construction and determine the effectiveness of their
920 provisions. Upon updating the Florida Building Code every 3
921 years, the commission shall review existing provisions of law
922 and make recommendations to the Legislature for the next regular
923 session of the Legislature regarding provisions of law that
924 should be revised or repealed to ensure consistency with the
925 Florida Building Code at the point the update goes into effect.
926 State agencies and local jurisdictions shall provide such
927 information as requested by the commission for evaluation of and
928 recommendations for improving the effectiveness of the system of
929 building code laws for reporting to the Legislature annually.
930 Failure to comply with this or other requirements of this act
931 must be reported to the Legislature for further action. Any
932 proposed legislation providing for the revision or repeal of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
933 existing laws and rules relating to technical requirements
934 applicable to building structures or facilities should expressly
935 state that such legislation is not intended to imply any repeal
936 or sunset of existing general or special laws governing any
937 special district that are not specifically identified in the
938 legislation.
939 (d)(c) Upon written application by any substantially
940 affected person or a local enforcement agency, issue declaratory
941 statements pursuant to s. 120.565 relating to new technologies,
942 techniques, and materials which have been tested where necessary
943 and found to meet the objectives of the Florida Building Code.
944 This paragraph does not apply to the types of products,
945 materials, devices, or methods of construction required to be
946 approved under paragraph (f).
947 (e)(d) Make recommendations to, and provide assistance
948 upon the request of, the Florida Commission on Human Relations
949 regarding rules relating to accessibility for persons with
950 disabilities.
951 (f)(e) Participate with the Florida Fire Code Advisory
952 Council created under s. 633.204, to provide assistance and
953 recommendations relating to firesafety code interpretations. The
954 administrative staff of the commission shall attend meetings of
955 the Florida Fire Code Advisory Council and coordinate efforts to
956 provide consistency between the Florida Building Code and the
957 Florida Fire Prevention Code and the Life Safety Code.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
958 (g)(f) Determine the types of products which may be
959 approved by the commission for statewide use and shall provide
960 for the evaluation and approval of such products, materials,
961 devices, and method of construction for statewide use. The
962 commission may prescribe by rule a schedule of reasonable fees
963 to provide for evaluation and approval of products, materials,
964 devices, and methods of construction. Evaluation and approval
965 shall be by action of the commission or delegated pursuant to s.
966 553.842. This paragraph does not apply to products approved by
967 the State Fire Marshal.
968 (h)(g) Appoint experts, consultants, technical advisers,
969 and advisory committees for assistance and recommendations
970 relating to the major areas addressed in the Florida Building
971 Code.
972 (i)(h) Establish and maintain a mutual aid program,
973 organized through the department, to provide an efficient supply
974 of various levels of code enforcement personnel, design
975 professionals, commercial property owners, and construction
976 industry individuals, to assist in the rebuilding effort in an
977 area which has been hit with disaster. The program shall include
978 provisions for:
979 1. Minimum postdisaster structural, electrical, and
980 plumbing inspections and procedures.
981 2. Emergency permitting and inspection procedures.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
982 3. Establishing contact with emergency management
983 personnel and other state and federal agencies.
984 (j)(i) Maintain a list of interested parties for noticing
985 rulemaking workshops and hearings, disseminating information on
986 code adoption, revisions, amendments, and all other such actions
987 which are the responsibility of the commission.
988 (k)(j) Coordinate with the state and local governments,
989 industry, and other affected stakeholders in the examination of
990 legislative provisions and make recommendations to fulfill the
991 responsibility to develop a consistent, single code.
992 (l)(k) Provide technical assistance to local building
993 departments in order to implement policies, procedures, and
994 practices which would produce the most cost-effective property
995 insurance ratings.
996 (m)(l) Develop recommendations for local governments to
997 use when pursuing partial or full privatization of building
998 department functions. The recommendations shall include, but not
999 be limited to, provisions relating to equivalency of service,
1000 conflict of interest, requirements for competency, liability,
1001 insurance, and long-term accountability.
1002 (n)(m) Develop recommendations that increase residential
1003 and commercial recycling and composting and strongly encourage
1004 the use of recyclable materials and the recycling of
1005 construction and demolition debris.
1006
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
1007
1008
1009 Section 7. Paragraph (c) is added to subsection (1) of
1010 section 720.3035, Florida Statutes, to read:
1011 720.3035 Architectural control covenants; parcel owner
1012 improvements; rights and privileges.—
1013 (1)
1014 (c) An association or any architectural, construction
1015 improvement, or other such similar committee of an association
1016 may not require a building permit to be issued by a governmental
1017 authority to a parcel owner as a prerequisite for review by the
1018 association or committee concerning the construction of
1019 structures or improvements on the parcel.
1020 Section 8. This act shall take effect July 1, 2026.
1021
1022 -----------------------------------------------------
1023 T I T L E A M E N D M E N T
1024 Remove everything before the enacting clause and insert:
1025 An act relating to building permits and inspections;
1026 amending s. 125.56, F.S.; providing for expiration of
1027 certain building permits issued by a county; amending
1028 s. 489.129, F.S.; providing that certain persons are
1029 not subject to discipline for performing a job without
1030 applicable permits and inspections if otherwise
1031 authorized by law; amending s. 553.79, F.S.; providing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
1032 for expiration of certain building permits issued by a
1033 local government; providing prohibitions for
1034 inspection fees; prohibiting a local government from
1035 requiring building permits for certain projects;
1036 providing an exception; requiring certain contractors
1037 to maintain certain records; amending s. 553.791,
1038 F.S.; revising and providing definitions; requiring
1039 certain services to be subject to an agreement, rather
1040 than a written contract; providing that such agreement
1041 does not need to be submitted as part of a permit
1042 application; providing requirements for reduced permit
1043 fees; prohibiting a local jurisdiction from charging
1044 administrative fees or other additional fees;
1045 requiring that local enforcement agencies create a
1046 registration system for private providers and private
1047 provider firms; prohibiting local government entities
1048 and local building officials from requiring additional
1049 forms; prohibiting local government entities and local
1050 building officials from altering a form adopted by the
1051 commission; removing the requirement that a private
1052 provider's qualification statements or resumes be
1053 included in a certain notice; removing time
1054 restrictions for electing to use a private provider;
1055 requiring a certain affidavit be able to be submitted
1056 electronically; providing that the timeline for review
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 803 (2026)
Amendment No.
1057 may not be extended; providing that certain permits
1058 are deemed approved; providing that local building
1059 officials are not responsible for the administration
1060 or supervision of services performed by a private
1061 provider; prohibiting local building officials from
1062 failing certain inspections; revising the timeframe in
1063 which certain records must be provided; authorizing
1064 certain persons to sign certificates of compliance;
1065 providing requirements for local building officials
1066 who have reasonable suspicion that a private provider
1067 failed to perform an inspection; providing that
1068 virtual inspections may not be prohibited; requiring
1069 certain notice before an audit; prohibiting certain
1070 entities from discouraging the use of private
1071 providers; amending s. 553.792, F.S.; amending s.
1072 553.77, F.S.; requiring the commission to develop a
1073 uniform building permit application; requiring a local
1074 government to make certain decisions relating to
1075 certain building permits within a specified timeframe;
1076 amending s. 720.3035, F.S.; prohibiting an association
1077 or certain committees from requiring a building permit
1078 as a prerequisite for a certain review; providing an
1079 effective date.
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HB 805
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 805 COMPANION BILL: SB 796 (Bradley)
TITLE: Veterinary Medicine LINKED BILLS: None
SPONSOR(S): Melo RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill amends Florida’s veterinary medical practice act (practice act), creating new levels of veterinary
professionals (“veterinary professional associate,” “veterinary technician” and “veterinarian technologist”) that
must be registered with the state and allowed to work under a licensed veterinarian. The bill defines the new
positions, specifies a formal registration process, provides prohibitions and certain duties and actions, allows them
to administer certain vaccines, revises certain exemptions in the practice act to include the newly created terms,
and revises the composition of the Board of Veterinary Medicine (Board) adding two members who must be
veterinary professional associates, veterinarian technicians or veterinarian technologists.
The bill also increases the duration of prescriptions based solely on a veterinary telehealth evaluation, allowing up
to 6 months for flea and tick medications and up to 30 days for all other medications.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and a positive fiscal impact on the private
sector.
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ANALYSIS
EFFECT OF THE BILL:
The bill names the act the “Veterinary Workforce Innovation Act.” (Section 1)
Legislative Findings
The bill revises legislative findings in the practice act, providing:
“the practice of educated, trained, and experienced veterinary professional associates, veterinary
technicians, and veterinary technologists will increase consumer access to high-quality veterinary medical
services at a reasonable cost to consumers, while also increasing the efficiency of the practice of veterinary
medicine in this state.” (Section 2)
Definitions
The bill provides the following definitions:
• "Veterinary professional associate" means an individual who has graduated with a master's degree or
the equivalent in veterinary clinical care from an accredited institution and who meets the requirements to
be registered by the department.
• "Veterinary technician" or "veterinary technologist" means an individual who has graduated from an
accredited veterinary technology program and who meets the requirements to be registered by the
department. The term also includes a veterinary nurse.
STORAGE NAME: h0805.IPA
DATE: 1/16/2026
1
HB 805
• "Veterinary technology" includes, with respect to animals, the provision of medical care, monitoring, and
treatment of a veterinary patient by a person who is a registered veterinary technician or technologist
working under supervision of a licensed veterinarian as authorized under this chapter. The term includes
veterinary nursing. (Section 3)
Veterinary Telehealth Prescriptions
The bill increases the timeframe for prescriptions via veterinary telehealth from:
• 1 month to 6 months for flea and tick medication; and
• 4 days to 30 days for other animal drugs. (Section 4)
Exemptions
The bill includes students who are in a program of veterinary technology in the practice act exemption when
working as a preceptor required for graduation from an accredited school or college of veterinary medicine.
(Section 5)
The bill includes registered veterinary professional associates, technicians, and technologists to the following
practice act exemptions:
• When certain out of state persons or employees are temporarily administering to the ills or injuries of their
own animals.
• When administering medication or rendering auxiliary or supporting assistance under the responsible
supervision of a licensed veterinarian. (Section 5)
Board
The bill increases the composition of the Board from seven members to nine members requiring the two new
members to be either a “veterinary professional associate, veterinary technician, or veterinarian technologist. The
bill specifies the two new members must have been employed as such for at least 5 years immediately preceding
the date of appointment to the Board. (Section 6)
Registration
The bill:
• Authorizes veterinary professional associates, veterinary technicians, and veterinary technologists to apply
to the Department of Business and Professional Regulation (DBPR) for registration by submitting a form
prescribed by the Board.
• Requires DBPR to consider each qualified veterinary professional associate, veterinary technician, or
veterinary technologist, or applicant who it verifies has submitted a completed application and meets the
applicable requirements.
• Requires DBPR to issue a certificate of registration to each veterinary professional associate, veterinary
technician, or veterinary technologist applicant who it verifies has graduated from the relevant accredited
program and received a passing score on the relevant professional national competency examination
approved by the Board.
• Requires DBPR to issue a certificate of registration to a veterinary technician who does not meet the
requirements, if the applicant:
o Submits a notarized document from an employer who is a licensed veterinarian certifying that as of
January 1, 2000, the applicant possesses 5 or more years of practical experience performing the
tasks of a veterinary technician in this state;
o Provides proof of graduation from a veterinary technology program accredited by the American
Veterinary Medical Association Committee on Veterinary Technician Education and Activities
before January 1, 2000; and
o Is in good standing with the appropriate Florida certifying body, including the Florida Veterinary
Technician Association or the Florida Veterinary Medical Association, is eligible to apply for
registration.
• Requires DBPR to make the list of registrants available to the public on its website.
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HB 805
• Allows DBPR to suspend the registration of any veterinary professional associate, veterinary technician, or
veterinary technologist who the board determines has caused serious harm to an animal due to negligence,
incompetence, or misconduct related to their duties and in a manner inconsistent with the supervising
veterinarian's specific direction.
o Allows the registrant to complete remedial training or education directed by the board.
• Allows DBPR to rescind the registration of any veterinary professional associate, veterinary technician, or
veterinary technologist who is convicted of animal cruelty or animal fighting under s. 828.12, F.S., or s.
828.122, F.S. (Section 7)
Prohibitions
The bill prohibits individuals from:
• Holding themselves out as a registered veterinary professional associate, veterinary technician, or
veterinary technologist;
• Using the abbreviation RVT, RVTg, VT, VPA, or MVCC; or
• In any other way representing themselves as a veterinary professional associate, veterinary technician, or
veterinary technologist unless they have a valid certificate of registration from DBPR. (Section 7)
Duties and Actions of Registered Technicians or Technologists
The bill allows registered veterinary technicians and veterinary technologists to perform any duty or action in
which they are competent and have the necessary training, current knowledge, and expertise to provide, so long as
the duties or actions are delegated under the responsible supervision, as defined in s. 474.202, F.S., of a licensed
veterinarian or a registered veterinary professional associate. (Section 7)
The bill allows a veterinary technician or a veterinary technologist to perform all of the following actions under the
responsible supervision of a licensed veterinarian or a veterinary professional associate as delegated by a licensed
veterinarian:
• Administering medical drugs as defined under ch. 465, F.S., prescribed for a patient by the supervising
veterinarian or provide treatments as directed;
• Preparing, recording, and administering vaccinations and microchips; or
• Performing humane euthanasia of animals and prepare, log, and administer controlled substances for the
purpose of analgesia, anesthesia, or humane euthanasia, as delegated by a licensed veterinarian and
performed under responsible supervision. (Section 7)
The bill prohibits a registered veterinary technician or a veterinary technologist from performing the following
actions:
• Making or providing any diagnosis or prognosis;
• Performing any surgery, except that a registered veterinary technician or registered veterinary
technologist may perform suturing or stapling of skin lacerations, gingival incisions, or existing surgical
incisions or tooth extraction procedures; or
• Prescribing any medical drugs as defined in ch. 465, F.S., or controlled substances as defined in ch. 893, F.S.
(Section 7)
Duties and Actions of a Registered Veterinary Professional Associate
The bill allows registered veterinary professional associates to engage in the following as delegated under the
responsible supervision of a licensed veterinarian, unless prohibited by other state or federal law, to the extent
that he or she is competent and has the necessary training, current knowledge, and experience to provide such
care:
• The practice of veterinary medicine as defined in s. 474.202, F.S.
• Veterinary medicine as defined in s. 474.202, F.S. (Section 7)
The bill prohibits registered veterinary professional associates from doing any of the following:
• Prescribing a controlled substance listed in s. 893.03, F.S.,
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HB 805
o With the exception that a registered veterinary professional associate may perform humane
euthanasia and prepare, log, and administer controlled substances for the purpose of analgesia,
anesthesia, or humane euthanasia, as delegated by a licensed veterinarian and performed under
responsible supervision.
• Perform a surgical procedure,
o With the exception that a veterinary professional associate may perform an orchiectomy, 1
veterinary dental surgery, or veterinary suturing or stapling of skin lacerations, gingival incisions,
or existing surgical incisions. (Section 7)
Administration of Medication
The bill requires unregistered individuals to administer medication prescribed by the supervising veterinarian
only if they are under the immediate supervision of a:
• Licensed veterinarian; or
• Veterinary professional associate, veterinary technician, or veterinarian technologist who is acting under
the responsible supervision of a licensed veterinarian, as provided. (Section 7)
The bill does not prevent an individual from rendering lifesaving aid and treatment if the animal is in a life-
threatening condition. (Section 7)
Delegation and Liability
The bill allows, unless otherwise prohibited under state or federal law, a supervising licensed veterinarian to
delegate to a registered veterinary professional associate, veterinary technician, or veterinary technologist, the
responsibility of supervising a task or tasks performed by a veterinary assistant. (Section 7)
The bill makes a supervising licensed veterinarian liable for any acts or omissions of the registered veterinary
professional associate, veterinary technician, or veterinarian technologist acting under the licensed veterinarian’s
supervision and control. (Section 7)
Rabies Vaccinations
The bill allows registered veterinary professional associates, veterinary technicians, or veterinarian technologists
to administer rabies vaccinations. (Section 8)
The effective date of the bill is January 1, 2027. (Section 9)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. Creating and administering the registration program may have an indeterminate fiscal impact on
DBPR. It is unknown how many people will apply for a certificate of registration.
PRIVATE SECTOR:
Indeterminate. The bill may have in indeterminate positive economic impact on the private sector. The bill will
allow a new class of midlevel practitioners in veterinary medicine. This may lead to additional jobs, and cost
savings related to improved veterinary care.
1
This procedure is for reproductive sterilization (spay/neuter). It is used to reduce the incidence of the most common canine prostatic
diseases, tumors, and unwanted behaviors. Today’s Veterinary Practice, Update on Orchiectomy,
https://todaysveterinarypractice.com/wp-content/uploads/sites/4/2022/10/TVP-2022-1112_Orchiectomy.pdf (last visited January 9,
2026).
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HB 805
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Practice of Veterinary Medicine
The Board of Veterinary Medicine (Board) in the DBPR implements the provisions of ch. 474, F.S., relating to
veterinary medical practice (practice act). The purpose of the practice act is to ensure that every veterinarian
practicing in this state meets minimum requirements for safe practices to protect public health and safety. 2
Legislative Findings
The practice act provides legislative findings that:
“the practice of veterinary medicine is potentially dangerous to the public health and safety if conducted by
incompetent and unlicensed practitioners. The legislative purpose in enacting this chapter is to ensure that
every veterinarian practicing in this state meet minimum requirements for safe practice. It is the legislative
intent that veterinarians who are not normally competent or who otherwise present a danger to the public
shall be disciplined or prohibited from practicing in this state.” 3
Definitions
A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of veterinary medicine
in Florida 4 and they are subject to disciplinary action from the Board for various violations of the practice act. 5
The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound, fracture, bodily
injury, or disease, or holding oneself out as performing any of these functions. 6
Veterinary medicine includes, with respect to animals:7
• Surgery;
• Acupuncture;
• Obstetrics;
• Dentistry;
• Physical therapy;
• Radiology;
• Theriogenology (reproductive medicine); and
• Other branches or specialties of veterinary medicine.
Board
The board consists of seven members that are appointed by the Governor and confirmed by the Senate. 8 Five
members of the board must be licensed veterinarians, and two members of the board must be laypersons who are
not and have never been veterinarians or members of any closely related profession or occupation. 9
The board is required, like all boards regulated under chapter 455 of Florida Statutes, to meet at least once
annually and may meet as often as is necessary. 10 There is currently one vacancy on the board. 11
2
S. 474.201, F.S.
3
S. 474.201, F.S.
4
S. 474.202(11), F.S.
5
Ss. 474.213 & 474.214, F.S.
6
See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
7
See s. 474.202(13), F.S. Section 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
8
Section 474.204(1), F.S.
9
Section 474.204(2), F.S.
10
Section 455.207(3), F.S.
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Exemptions
The practice act does not apply to the following categories of persons:
• Veterinary aides, nurses, laboratory technicians, preceptors, 12 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible supervision 13 of
a licensed veterinarian;
• Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the animals of a
single owner.
• Faculty veterinarians when they have assigned teaching duties at accredited 14 institutions;
• Certain graduated intern/resident veterinarians of accredited institutions;
• Certain students in a school or college of veterinary medicine who perform assigned duties by an instructor
or work as preceptors;
• Certain doctors of veterinary medicine employed by a state agency or the United States Government;
• Persons or their employees caring for the persons’ own animals, as well as certain part-time or temporary
employees, or independent contractors, who are hired by an owner to help with herd management and
animal husbandry tasks; and
• Certain entities or persons 15 that conduct experiments and scientific research on animals as part of the
development of pharmaceuticals, biologicals, serums, or methods of treatment or techniques to diagnose or
treat human ailments, or in the study and development of methods and techniques applicable to the
practice of veterinary medicine. 16
Veterinary Telehealth
In 2024, the Legislature created and passed the Providing Equity in Telehealth Services Act (PETS act), authorizing
the practice of veterinary telehealth. 17 The PETS act allows veterinarians who hold current licenses to practice
veterinary telehealth. 18
Limitations
The PETS act placed certain limitations on what veterinarians are able to do via telehealth, including:
• Requiring veterinarians to provide certain information to the client, including the veterinarian’s name,
license number and contact information;
• Requiring veterinarians to prescribe all drugs and medications in accordance with federal and state laws;
• Prohibiting veterinarians from ordering or prescribing medicinal drugs or drugs as defined in s. 465.003,
F.S., approved by the United States Food and Drug Administration for human use, or compounded
antibacterial, antifungal, antiviral, or antiparasitic medications, unless the veterinarian has conducted an
11
Department of Business & Professional Regulation Board Member Appointments, Updated March 2025,
https://www2.myfloridalicense.com/pro/vetm/documents/vet_board.pdf (last visited January 13, 2026).
12
A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited March 9, 2025).
13
The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
14
Ss. 474.203(1)-(2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
15
See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of
veterinary medicine, or persons under the direct supervision thereof ....”
16
See s. 474.203, F.S.
17
Ch. 2024-260, Laws of Fla. (codified at section 474.2021, F.S., effective July 1, 2024).
18
Id. Florida law requires the practice of telehealth to be consistent with a veterinarian’s scope of practice and the prevailing
professional standard of practice for a veterinarian who provides in-person veterinary services to patients in Florida, and who must
employ sound, professional judgment to determine whether using veterinary telehealth is an appropriate method for delivering medical
advice or treatment to the patient.
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in-person physical examination of the animal or made medically appropriate and timely visits within the
past year to the premises where the animal is kept;
• Prohibiting the use of veterinary telehealth to prescribe a controlled substance as defined in ch. 893, F.S.
(Drug Abuse Preventions and Control), unless the veterinarian has conducted an in-person physical
examination of the animal or made medically appropriate and timely visits to the premises where the
animal is kept;
• Prohibiting prescribing a drug or other medication for use on a horse engaged in racing or training at a
facility under the jurisdiction of the Florida Gaming Control Commission or on a horse that is a covered
horse, as defined in the federal Horseracing Integrity and Safety Act, 15 U.S.C., ss. 3051 et seq.
Telehealth Prescriptions
Prescriptions based solely on a telehealth evaluation may be issued for up to 1 month for products labeled solely
for flea and tick control and up to 14 days of treatment for other animal drugs. 19 Prescriptions based solely on a
telehealth evaluation may not be renewed without an in-person examination. 20
Immediate Supervision
The practice act defines “immediate supervision” to mean that a “licensed doctor of veterinary medicine is on the
premises whenever veterinary services are being provided.” 21
Veterinary tasks requiring immediate supervision, include: 22
• Administering anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician, intern, or
other employee of a licensed veterinarian.
• Administering certain vaccinations by a veterinary aide, nurse, technician, intern or other employee of a
licensed veterinarian which is not specifically prohibited.
Veterinary tasks that may be performed without the licensed veterinarian on the premises, include:23
• Administering medication and treatment, excluding vaccinations, as directed by the licensed veterinarian;
and
• Obtaining samples and the performance of those diagnostic tests, including radiographs, directed by the
licensed veterinarian.
Responsible Supervision
Responsible supervision means “the control, direction, and regulation by a licensed doctor of veterinary medicine
of the duties involving veterinary services which she or he delegates to unlicensed personnel.” 24
Veterinary Technicians and Technologists
According to the American Veterinary Medical Association (AVMA), veterinary technicians work under the
supervision of a licensed veterinarian and assist in performing a wide variety of tasks. However, they cannot
diagnose, prescribe, perform surgery, or engage in any other activity prohibited by a state’s veterinary practice act.
A veterinary technician employed in a veterinary clinic or hospital handles many of the same responsibilities that
nurses and other professionals perform for physicians, including: 25
• Obtaining medical histories;
• Collecting specimens and performing laboratory procedures;
• Providing specialized nursing care;
19
Section 474.2021, F.S.
20
Id.
21
S. 474.202(5), F.S.
22
R. 61G18-17.005, F.A.C.
23
Id.
24
S. 474.202(10), F.S.
25
American Veterinary Medical Association, Veterinary technicians and veterinary assistants, https://www.avma.org/resources/pet-
owners/yourvet/veterinary-technicians-and-veterinary-assistants (last visited Jan. 13, 2026).
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• Preparing animals, instruments, and equipment for surgery;
• Administering medications;
• Administering and monitoring anesthesia;
• Performing certain diagnostic and medical procedures;
• Assisting in surgical procedures;
• Performing dental prophylaxis;
• Performing X-rays and assisting with other diagnostic imaging;
• Educating clients; and
• Supervising and training practice personnel.
Every state has different requirements to work as a vet tech and use the title of veterinary technician. Florida law
does not require veterinary technicians to be certified to work. However, individuals can become a Certified
Veterinary Technician (CVT) in Florida. The requirements include graduating from an AVMA-accredited vet tech
school, passing the Veterinary Technician National Exam (VTNE), and applying for certification through the Florida
Veterinary Medical Association (FVMA). 26 Florida currently appears to have six veterinary technology programs
accredited by the AVMA Committee on Veterinary Technician Education and Activities (CVTEA), located at: 27
• Eastern Florida State College;
• Florida A&M University;
• Hillsborough Community College;
• Miami-Dade College;
• Pensacola State College; and
• St. Petersburg College.
Veterinary Professional Associates
In 2024, voters of the state of Colorado approved a ballot measure to create a new, state-regulated veterinary
position (Veterinary Professional Associate) that was to address, in part, the shortage of care, especially in rural
areas, for pets. 28 Colorado’s proposition directed the creation of a regulatory scheme to license and regulate
Veterinary Professional Associates.
Similarly to what is being proposed in the bill, Colorado would provide this Veterinary Professional Associate a
pathway for those who complete a master’s degree in veterinary clinical care, or an equivalent degree determined
by the state board. 29 This new Colorado law went into effect on January 1, 2026. 30
In 2022, The Lincoln Memorial University-College of Veterinary Medicine created the first-of-its-kind Master of
Veterinary Clinical Care degree. 31 Students can obtain this degree fully online and in as little as 3 semesters (30
credit hours). 32
In 2025, Colorado State University developed a similar program that is now admitting students. 33 According to the
Colorado State University, College of Veterinary Medicine and Biomedical Sciences, “a veterinary professional
26
Penn Foster, How to Become Certified as a Vet Tech (State by State), https://www.pennfoster.edu/blog/guide-to-vet-tech-
certification-by-state#How_to_become_a_vet_tech_in_Florida (last visited Jan. 13, 2026).
27
American Veterinary Medical Association, Veterinary technology programs accredited by the AVMA CVTEA,
https://www.avma.org/education/center-for-veterinary-accreditation/veterinary-technology-programs-accredited-avma-cvtea#florida
(last visited Jan. 13, 2026).
28
Colorado Department of Regulatory Agencies, State Board of Veterinary Medicine: Proposition 129,
https://dpo.colorado.gov/Veterinary/VeterinaryProfessionalAssociates, (last visited January 13, 2026),
29
Id.
30
Id.
31
Lincoln Memorial University, Master of Veterinary Clinical Care, https://www.lmunet.edu/academics/programs/graduate-
professional/master-of-veterinary-clinical-care, (last visited January 13, 2026).
32
Id.
33
Colorado State University, About the Master of Science in Veterinary Clinical Care, https://vetmedbiosci.colostate.edu/vpa/, (last
visited January 13, 2026).
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associate is a new role similar to a physician assistant in human medicine. This mid-level role fills a gap between
veterinarians and veterinary technicians and – along with other institutional initiatives – helps address a national
shortage of veterinary care, particularly in rural areas.” 34
Currently the University of Florida is the only school in Florida to offer a Doctor of Veterinary Medicine program
that is accredited by the AVMA. 35
Veterinarian Shortage
According to a survey conducted by the American Pet Products Association (APPA), 70 percent of U.S. households,
or about 90.5 million families, own a pet. This is an increase from 56 percent of U.S. households in 1988, and 67
percent in 2019. 36 As a result, experts say there is a shortage of veterinarians in the U.S., which is expected to result
in the need for approximately 15,000 veterinarians by the year 2030. 37 A study from Banfield Pet Hospital reveals
an estimated 75 million pets in the U.S. may not have access to the veterinary care they need by 2030, with an
important factor being a critical shortage of veterinarians. 38
The University of Florida’s Dean of the College of Veterinary Medicine, Dana Zimmel, has indicated that there is a
shortage of veterinarians in Florida, which in addition to pets has “1.7 million beef cattle and dairy cows, more
horses than Kentucky and an alarming decline of manatee.” The state’s only veterinary medical college, the
University of Florida, also reports that due to limited capacity, it must turn away 1,500 qualified candidates a
year. 39
According to the AVMA:
Conditions have pushed the idea of a midlevel practitioner to the fore as veterinary practices have
struggled to meet service demands. This issue has been compounded by continued inefficiencies in
practices as pandemic disruptions persist and client expectations for availability and convenience. Inflation
has also increased costs for labor and for products such as medical equipment and medications, creating
additional concern around clients’ ability to afford needed care. Additionally, retention of veterinary
practice staff members and attrition from the profession are ongoing and increasing concerns. 40
The AVMA found that a midlevel practitioner may not be the best option to address these concerns, and
that time and effort should be spent on resources, tools, and programs designed to retain veterinarians and
credentialed veterinary technicians; further develop veterinary technician specialties; help veterinary
practices operate at optimum efficiency; and effectively collaborate—within practice teams and across the
profession—to meet clients’ needs for high-quality veterinary services. 41
34
Colorado State University, College of Veterinary Medicine and Biomedical Sciences, About the veterinary professional associate
(VPA), https://vetmedbiosci.colostate.edu/vpa/ (last visited Jan. 13, 2026).
35
American Veterinary Medical Association, Accredited Veterinary Colleges, https://www.avma.org/education/center-for-veterinary-
accreditation/accredited-veterinary-colleges (last visited January 13, 2026).
36
Insurance Information Institute, Facts + Statistics: Pet Ownership and Insurance, https://www.iii.org/fact-statistic/facts-statistics-
pet-ownership-and-insurance#:~:text=Seventy%20percent%20of%20U.S.%20households,and%2067%20percent%20in%202019. (last
visited January 13, 2026).
37
Spectrum News 13, Mobile ‘ElleVet’ clinic helps relieve veterinarian shortage,
https://www.mynews13.com/fl/orlando/news/2023/02/03/the-ellevet-project-
#:~:text=%E2%80%94%20Experts%20say%20there's%20a%20shortage,States%20may%20not%20get%20care. (last visited January
13, 2026).
38
Banfield Pet Hospital, 75 million pets may not have access to veterinary care by 2030, New Banfield® study finds,
https://www.banfield.com/en/about-banfield/newsroom/press-releases/2020/75-million-pets-may-not-have-access-to-veterinary (last
visited January 13, 2026).
39
Dana Zimmel, Florida needs more veterinarians | Column, Tampa Bay Times (January 3, 2022),
https://www.tampabay.com/opinion/2022/01/03/florida-needs-more-veterinarians-column/ (last visited January 13, 2026).
40
American Veterinary Medical Association, AVMA News, Idea of midlevel practitioner rejected in favor of better support,
engagement of credentialed veterinary technicians (Jan. 10, 2023), https://www.avma.org/news/idea-midlevel-practitioner-rejected-
favor-better-support-engagement-credentialed-veterinary (last visited January 13, 2026).
41
Id.
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However, according to a study conducted by the National Library of Medicine:
The projected shortage of veterinarians has created a need to explore alternatives designed to meet
society's future demands. A veterinary professional health care provider, similar to the human medical
profession's physician assistant (PA), is one such alternative. It is suggested that perhaps veterinary
professional associates, modeled after PAs, could be employed to handle routine veterinary care and
thereby allow veterinarians additional time to focus on the more demanding and challenging aspects of
veterinary medicine. Perhaps a team approach, similar to the physician/PA team, could help the field of
veterinary medicine to better serve both clients and patients. As veterinary medicine directs its attention
toward the new challenges on the horizon, creative solutions will be needed. Perhaps some variation of a
veterinary professional associate is worthy of future discussion. 42
Human Physician Assistants
According to the Mayo Clinic, PAs are “licensed medical professionals who hold an advanced degree and are able to
provide direct patient care. They work with patients of all ages in virtually all specialty and primary care areas,
diagnosing and treating common illnesses and working with minor procedures. With an increasing shortage of
health care providers, PAs are a critical part of today’s team-based approach to health care. They increase access to
quality health care for many populations and communities. The specific duties of a PA are determined by their
supervising physician and state law, but they provide many of the same services as a primary care physician. They
practice in every state and in a wide variety of clinical settings and specialties.” 43
In Florida, PAs are licensed medical professionals that are authorized to perform services delegated by a
supervising physician. 44 PAs are regulated by the Florida Council on Physician Assistants in conjunction with either
the Board of Medicine for PAs licensed under ch. 458, F.S., or the Board of Osteopathic Medicine for PAs licensed
under ch. 459, F.S. During fiscal year 2024-2025, there were 12,959 actively licensed PAs in the state, and 1,479
initial PA licenses were issued by the Florida Department of Health. 45
Rabies Vaccinations
Currently, all dogs, cats, and ferrets 4 months of age or older are required to be vaccinated by a licensed
veterinarian or a person authorized under the indirect supervision of a veterinarian against rabies with a vaccine
that is licensed by the United States Department of Agriculture (USDA) for use in those species. 46 Upon such
vaccination, the licensed veterinarian is required to provide the animal’s owner and the animal control authority
with a rabies vaccination certificate. The veterinarian who administers or supervises the administration of the
vaccination is authorized to affix his or her signature stamp in lieu of an actual signature. 47
42
Lori Kogan, Sherry Stewart, Veterinary professional associates: does the profession's foresight include a mid-tier professional
similar to physician assistants?, National Library of Medicine (2009), https://pubmed.ncbi.nlm.nih.gov/19625672/ (last visited
January 13, 2026).
43
Mayo Clinic College of Medicine and Science, Physician Assistant, https://college.mayo.edu/academics/explore-health-care-
careers/careers-a-z/physician-assistant/ (last visited January 13, 2026).
44
Sections 458.347(2)(e) and 459.022(2)(e), F.S.
45
Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2024-
2025, https://www.floridahealth.gov/wp-content/uploads/2026/01/2025.10.31.FY24-25MQAAR-FINAL1-1.pdf (last visited January
13, 2026).
46
S. 828.30(1)(a), F.S.
47
S. 828.30(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
HB 805
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 729 - Veterinary Professional Melo/ Bradley The bill passed the House, but
Associates died in the Senate.
2024 HB 849 - Veterinary Practices Killebrew, Buchanan/ The bill became law on July 1,
Bradley 2024.
OTHER RESOURCES:
DBPR: Veterinary Medicine Board Information
USDA: Veterinary Shortage Situations Map
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
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
HB 805 2026
1 A bill to be entitled
2 An act relating to veterinary medicine; providing a
3 short title; amending s. 474.201, F.S.; revising
4 legislative findings, intent, and purpose; amending s.
5 474.202, F.S.; defining terms; amending s. 474.2021,
6 F.S.; increasing the amount of time for which
7 prescriptions based solely on a veterinary telehealth
8 evaluation may be issued for certain drugs; amending
9 s. 474.203, F.S.; revising the applicability of
10 certain exemptions; amending s. 474.204, F.S.;
11 revising the membership of the Board of Veterinary
12 Medicine; creating s. 474.2126, F.S.; providing
13 requirements for veterinary professional associates,
14 veterinary technicians, and veterinary technologists
15 to receive certificates of registration from the
16 Department of Business and Professional Regulation;
17 requiring the department to make a list of veterinary
18 professional associate, veterinary technician, and
19 veterinary technologist registrants publicly available
20 on its website; providing registration eligibility for
21 certain individuals; authorizing the department to
22 suspend the registration of a veterinary professional
23 associate, veterinary technician, or veterinary
24 technologist upon a certain determination by the Board
25 of Veterinary Medicine; authorizing the department to
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26 rescind the registration of a veterinary professional
27 associate, veterinary technician, or veterinary
28 technologist under certain circumstances; prohibiting
29 a person from holding himself or herself out as a
30 veterinary professional associate, veterinary
31 technician, or veterinary technologist under certain
32 circumstances; authorizing a registered veterinary
33 technician or veterinary technologist to take certain
34 actions as delegated under the responsible supervision
35 of a licensed veterinarian or registered veterinary
36 professional associate; prohibiting a registered
37 veterinary technician or veterinary technologist from
38 taking certain actions; authorizing a registered
39 veterinary professional associate to engage in the
40 practice of veterinary medicine under certain
41 circumstances; prohibiting a registered veterinary
42 professional associate from taking certain actions;
43 authorizing a person who is not registered as a
44 veterinary professional associate, veterinary
45 technician, or veterinary technologist to take certain
46 actions only while under the immediate supervision of
47 specified persons; providing construction; authorizing
48 a supervising veterinarian to delegate certain tasks
49 to specified persons; providing that a supervising
50 licensed veterinarian is liable for any acts or
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51 omissions by certain persons under his or her
52 supervision and control; amending s. 828.30, F.S.;
53 conforming provisions to changes made by the act;
54 providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. This act may be cited as the "Veterinary
59 Workforce Innovation Act."
60 Section 2. Section 474.201, Florida Statutes, is amended
61 to read:
62 474.201 Legislative findings, intent, and purpose.—
63 (1) The Legislature finds that the practice of veterinary
64 medicine is potentially dangerous to the public health and
65 safety if conducted by incompetent and unlicensed practitioners.
66 The legislative purpose in enacting this chapter is to ensure
67 that every veterinarian practicing in this state meet minimum
68 requirements for safe practice. It is the legislative intent
69 that veterinarians who are not normally competent or who
70 otherwise present a danger to the public must shall be
71 disciplined or prohibited from practicing in this state.
72 (2) The Legislature finds that the practice of educated,
73 trained, and experienced veterinary professional associates,
74 veterinary technicians, and veterinary technologists will
75 increase consumer access to high-quality veterinary medical
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76 services at a reasonable cost to consumers, while also
77 increasing the efficiency of the practice of veterinary medicine
78 in this state.
79 Section 3. Present subsection (14) of section 474.202,
80 Florida Statutes, is redesignated as subsection (17), and a new
81 subsection (14) and subsections (15) and (16) are added to that
82 section, to read:
83 474.202 Definitions.—As used in this chapter:
84 (14) "Veterinary professional associate" means an
85 individual who has graduated with a master's degree or the
86 equivalent in veterinary clinical care from an accredited
87 institution and who meets the requirements to be registered by
88 the department.
89 (15) "Veterinary technician" or "veterinary technologist"
90 means an individual who has graduated from an accredited
91 veterinary technology program and who meets the requirements to
92 be registered by the department. The term also includes a
93 veterinary nurse.
94 (16) "Veterinary technology" includes, with respect to
95 animals, the provision of medical care, monitoring, and
96 treatment of a veterinary patient by a person who is a
97 registered veterinary technician or technologist working under
98 supervision of a licensed veterinarian as authorized under this
99 chapter. The term includes veterinary nursing.
100 Section 4. Subsection (4) of section 474.2021, Florida
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101 Statutes, is amended to read:
102 474.2021 Veterinary telehealth.—
103 (4) A veterinarian practicing veterinary telehealth:
104 (a) May not engage in the practice of veterinary
105 telehealth unless it is within the context of a
106 veterinarian/client/patient relationship;
107 (b) Shall practice in a manner consistent with his or her
108 scope of practice and the prevailing professional standard of
109 practice for a veterinarian who provides in-person veterinary
110 services to patients in this state and shall employ sound,
111 professional judgment to determine whether using veterinary
112 telehealth is an appropriate method for delivering medical
113 advice or treatment to the patient;
114 (c) May use veterinary telehealth to perform an initial
115 patient evaluation to establish the veterinarian/client/patient
116 relationship if the evaluation is conducted using synchronous,
117 audiovisual communication. The evaluation may not be performed
118 using audio-only communications, text messaging, questionnaires,
119 chatbots, or other similar means. If a veterinarian practicing
120 telehealth conducts a patient evaluation sufficient to diagnose
121 and treat the patient, the veterinarian is not required to
122 research a patient's medical history or conduct a physical
123 examination of the patient before using veterinary telehealth to
124 provide a veterinary health care service to the patient;
125 (d) If the initial patient evaluation is performed using
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126 veterinary telehealth, must provide the client with a statement
127 containing the veterinarian's name, license number, and contact
128 information and the contact information for at least one
129 physical veterinary clinic in the vicinity of the patient's
130 location and instructions for how to receive patient follow-up
131 care or assistance if the veterinarian and client are unable to
132 communicate because of a technological or equipment failure or
133 if there is an adverse reaction to treatment, and inform the
134 client that, if medication is prescribed, the client may obtain
135 a prescription that may be filled at the pharmacy of his or her
136 choice. The veterinarian shall obtain from the client a signed
137 and dated statement indicating the client has received the
138 required information before practicing veterinary telehealth;
139 (e) Shall prescribe all drugs and medications in
140 accordance with all federal and state laws and the following
141 requirements:
142 1. A veterinarian practicing veterinary telehealth may
143 order, prescribe, or make available medicinal drugs or drugs
144 specifically approved for use in animals by the United States
145 Food and Drug Administration, the use of which conforms to the
146 approved labeling. Prescriptions based solely on a telehealth
147 evaluation may be issued for up to 6 months 1 month for products
148 labeled solely for flea and tick control and up to 30 14 days of
149 treatment for other animal drugs. Prescriptions based solely on
150 a telehealth evaluation may not be renewed without an in-person
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151 examination.
152 2. A veterinarian practicing veterinary telehealth may not
153 order, prescribe, or make available medicinal drugs or drugs as
154 defined in s. 465.003 approved by the United States Food and
155 Drug Administration for human use or compounded antibacterial,
156 antifungal, antiviral, or antiparasitic medications, unless the
157 veterinarian has conducted an in-person physical examination of
158 the animal or made medically appropriate and timely visits to
159 the premises where the animal is kept.
160 3. A veterinarian may not use veterinary telehealth to
161 prescribe a controlled substance as defined in chapter 893
162 unless the veterinarian has conducted an in-person physical
163 examination of the animal or made medically appropriate and
164 timely visits within the past year to the premises where the
165 animal is kept.
166 4. A veterinarian practicing veterinary telehealth may not
167 prescribe a drug or other medication for use on a horse engaged
168 in racing or training at a facility under the jurisdiction of
169 the Florida Gaming Control Commission or on a horse that is a
170 covered horse as defined in the federal Horseracing Integrity
171 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
172 (f) Shall be familiar with available veterinary resources,
173 including emergency resources, near the patient's location and
174 be able to provide the client with a list of nearby
175 veterinarians who may be able to see the patient in person upon
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176 the request of the client;
177 (g) Shall keep, maintain, and make available a summary of
178 the patient record as provided in s. 474.2165; and
179 (h) May not use veterinary telehealth to issue an
180 international or interstate travel certificate or a certificate
181 of veterinary inspection.
182 Section 5. Subsection (3), paragraph (a) of subsection
183 (5), and subsection (7) of section 474.203, Florida Statutes,
184 are amended to read:
185 474.203 Exemptions.—This chapter does not apply to:
186 (3) A student in a school or college of veterinary
187 medicine or a program for veterinary technology while in the
188 performance of duties assigned by her or his instructor or when
189 working as a preceptor under the immediate supervision of a
190 licensee, if such preceptorship is required for graduation from
191 an accredited school or college of veterinary medicine or
192 program for veterinary technology. The licensed veterinarian is
193 responsible for all acts performed by a preceptor under her or
194 his supervision.
195 (5)(a) Any person, or the person's regular employee,
196 administering to the ills or injuries of her or his own animals,
197 including, but not limited to, castration, spaying, and
198 dehorning of herd animals, unless title is transferred or
199 employment provided for the purpose of circumventing this law.
200 This exemption does not apply to any person licensed as a
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201 veterinarian or registered as a veterinary professional
202 associate, veterinary technician, or veterinary technologist in
203 another state or foreign jurisdiction and practicing temporarily
204 in this state. However, except as provided in s. 474.2126 or s.
205 828.30, only a veterinarian may immunize or treat an animal for
206 diseases that are communicable to humans and that are of public
207 health significance.
208 (7) Any veterinary aide, nurse, laboratory technician,
209 preceptor, or assistant; any registered veterinary professional
210 associate, veterinary technician, or veterinary technologist,
211 registered pursuant to s. 474.2126; or other employee of a
212 licensed veterinarian who administers medication or who renders
213 auxiliary or supporting assistance under the responsible
214 supervision of a licensed veterinarian, including those tasks
215 identified by rule of the board requiring immediate supervision,
216 provided that a registered veterinary professional associate,
217 veterinary technician, or veterinary technologist is subject to
218 s. 474.2126. However, the licensed veterinarian is responsible
219 for all such acts performed under this subsection by persons
220 under her or his supervision.
221
222 For the purposes of chapters 465 and 893, persons exempt
223 pursuant to subsection (1), subsection (2), or subsection (4)
224 are deemed to be duly licensed practitioners authorized by the
225 laws of this state to prescribe drugs or medicinal supplies.
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226 Section 6. Section 474.204, Florida Statutes, is amended
227 to read:
228 474.204 Board of Veterinary Medicine.—
229 (1) To carry out the provisions of this chapter, there is
230 created within the department the Board of Veterinary Medicine
231 composed consisting of all of the following seven members, who
232 shall be appointed by the Governor, subject to confirmation by
233 the Senate:.
234 (a)(2) Five members of the board who are shall be licensed
235 veterinarians.
236 (b) Two members who are registered with the department as
237 a veterinary professional associate, veterinary technician, or
238 veterinary technologist and who have been employed as such for
239 at least 5 years immediately preceding the date of appointment
240 to the board.
241 (c) Two members of the board who are shall be laypersons
242 who are not and have never been veterinarians or members of any
243 closely related profession or occupation.
244 (2)(3) All provisions of chapter 455 relating to
245 activities of regulatory boards shall apply.
246 Section 7. Section 474.2126, Florida Statutes, is created
247 to read:
248 474.2126 Veterinary professional associates, veterinary
249 technicians, and veterinary technologists; registration.—
250 (1) REGISTRATION.—
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251 (a) A veterinary professional associate, veterinary
252 technician, or veterinary technologist may apply to the
253 department for registration by submitting a form prescribed by
254 the board. The department shall consider for registration each
255 qualified veterinary professional associate, veterinary
256 technician, or veterinary technologist, or applicant who the
257 department verifies has submitted a completed application and
258 meets the applicable requirements of this subsection.
259 (b) The department shall issue a certificate of
260 registration to each veterinary professional associate,
261 veterinary technician, or veterinary technologist applicant who
262 the department verifies has graduated from the relevant
263 accredited program and received a passing score on the relevant
264 professional national competency examination approved by the
265 board.
266 (c) The department shall issue a certificate of
267 registration to an veterinary technician who does not meet the
268 requirements of paragraph (b), if he or she:
269 1. Submits a notarized document from an employer who is a
270 licensed veterinarian certifying that as of January 1, 2000, the
271 applicant possesses 5 or more years of practical experience
272 performing the tasks of a veterinary technician in this state;
273 2. Provides proof of graduation from a veterinary
274 technology program accredited by the American Veterinary Medical
275 Association Committee on Veterinary Technician Education and
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276 Activities before January 1, 2000; and
277 3. Is in good standing with the appropriate Florida
278 certifying body, including the Florida Veterinary Technician
279 Association or the Florida Veterinary Medical Association, is
280 eligible to apply for registration.
281 (d) The department shall make the list of registrants
282 available to the public on its website.
283 (e) The department may suspend the registration of any
284 veterinary professional associate, veterinary technician, or
285 veterinary technologist who the board determines has caused
286 serious harm to an animal due to negligence, incompetence, or
287 misconduct related to duties performed under this section and in
288 a manner inconsistent with the supervising veterinarian's
289 specific direction, until which time as the registrant has
290 completed remedial training or education directed by the board.
291 (f) The department may rescind the registration of any
292 veterinary professional associate, veterinary technician, or
293 veterinary technologist who is convicted of animal cruelty or
294 animal fighting under s. 828.12 or s. 828.122.
295 (2) PROHIBITION.—An individual may not hold himself or
296 herself out as a registered veterinary professional associate,
297 veterinary technician, or veterinary technologist or use the
298 abbreviation RVT, RVTg, VT, VPA, or MVCC or in any other way
299 represent himself or herself as a veterinary professional
300 associate, veterinary technician, or veterinary technologist
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301 unless he or she has a valid certificate of registration from
302 the department.
303 (3) DUTIES AND ACTIONS OF A REGISTERED VETERINARY
304 TECHNICIAN OR VETERINARY TECHNOLOGIST.—
305 (a) Unless otherwise prohibited by this section or other
306 state or federal law, a registered veterinary technician or
307 veterinary technologist may perform duties or actions in which
308 he or she is competent and has the necessary training, current
309 knowledge, and experience to provide, as delegated under the
310 responsible supervision, as defined in s. 474.202, of a licensed
311 veterinarian or registered veterinary professional associate. In
312 addition to other duties or actions approved by the supervising
313 veterinarian, a registered veterinary technician or veterinary
314 technologist may perform all the following actions under the
315 responsible supervision, as defined in s. 474.202, of a licensed
316 veterinarian or a veterinary professional associate as delegated
317 by a licensed veterinarian:
318 1. Administer medical drugs as defined in chapter 465
319 prescribed for a patient by the supervising veterinarian, or
320 provide treatments, as directed;
321 2. Prepare, record, and administer vaccinations and
322 microchips; or
323 3. Perform humane euthanasia of animals and prepare, log,
324 and administer controlled substances for the purpose of
325 analgesia, anesthesia, or humane euthanasia, as delegated by a
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326 licensed veterinarian and performed under responsible
327 supervision.
328 (b) Except as otherwise authorized by this section or
329 other state law, a registered veterinary technician or
330 veterinary technologist may not perform any of the following
331 actions:
332 1. Make or provide any diagnosis or prognosis;
333 2. Perform any surgery, except that a registered
334 veterinary technician or registered veterinary technologist may
335 perform suturing or stapling of skin lacerations, gingival
336 incisions, or existing surgical incisions or tooth extraction
337 procedures; or
338 3. Prescribe any medical drugs as defined in chapter 465
339 or controlled substances as defined in chapter 893.
340 (4) DUTIES AND ACTIONS OF A REGISTERED VETERINARY
341 PROFESSIONAL ASSOCIATE.—
342 (a) Unless otherwise prohibited by this section or other
343 state or federal law, a registered veterinary professional
344 associate may engage in the practice of veterinary medicine as
345 defined in s. 474.202 or veterinary medicine as defined in s.
346 474.202, to the extent that he or she is competent and has the
347 necessary training, current knowledge, and experience to provide
348 such care, as delegated under the responsible supervision, as
349 defined in s. 474.202, of a licensed veterinarian.
350 (b) A registered veterinary professional associate may not
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351 do any of the following:
352 1. Prescribe a controlled substance listed in s. 893.03,
353 except that a registered veterinary professional associate may
354 perform humane euthanasia and prepare, log, and administer
355 controlled substances for the purpose of analgesia, anesthesia,
356 or humane euthanasia, as delegated by a licensed veterinarian
357 and performed under responsible supervision.
358 2. Perform a surgical procedure, except that a veterinary
359 professional associate may perform the following surgical
360 procedures:
361 a. Orchiectomy;
362 b. Veterinary dental surgery; or
363 c. Veterinary suturing or stapling of skin lacerations,
364 gingival incisions, or existing surgical incisions.
365 (5) ADMINISTRATION OF MEDICATION.—An individual who is not
366 registered with the state as a veterinary professional
367 associate, veterinary technician, or veterinary technologist may
368 administer medication prescribed by the supervising veterinarian
369 for a patient or render auxiliary or supporting assistance only
370 under the immediate supervision, as defined in s. 474.202, of a
371 licensed veterinarian or under the immediate supervision of a
372 registered veterinary professional associate, veterinary
373 technician, or veterinary technologist who is acting under the
374 responsible supervision of a licensed veterinarian or his or her
375 delegee as defined in s. 474.202, as provided for in subsection
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376 (6). This section does not prohibit an individual from rendering
377 lifesaving aid and treatment to an animal in the absence of a
378 veterinarian if the animal is in a life-threatening condition
379 and requires immediate treatment to sustain life or prevent
380 further injury.
381 (6) DELEGATION.—Unless otherwise prohibited under this
382 section or other state law or federal law, a supervising
383 licensed veterinarian may in his or her judgment delegate to a
384 registered veterinary professional associate, veterinary
385 technician, or veterinary technologist the responsibility of
386 supervising a task or tasks performed by a veterinary assistant.
387 (7) LIABILITY.—A supervising licensed veterinarian is
388 liable for any acts or omissions of the registered veterinary
389 professional associate, veterinary technician, or veterinary
390 technologist acting under the licensed veterinarian's
391 supervision and control.
392 Section 8. Paragraph (a) of subsection (1) and subsection
393 (3) of section 828.30, Florida Statutes, are amended to read:
394 828.30 Rabies vaccination of dogs, cats, and ferrets.—
395 (1)(a) All dogs, cats, and ferrets 4 months of age or
396 older must be vaccinated by a licensed veterinarian or a person
397 authorized under paragraph (b) or s. 474.2126 against rabies
398 with a vaccine that is licensed by the United States Department
399 of Agriculture for use in those species.
400 (3) Upon vaccination against rabies, the licensed
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401 veterinarian shall provide the animal's owner and the animal
402 control authority with a rabies vaccination certificate. Each
403 animal control authority and veterinarian shall use the "Rabies
404 Vaccination Certificate" of the National Association of State
405 Public Health Veterinarians (NASPHV) or an equivalent form
406 approved by the local government that contains all the
407 information required by the NASPHV Rabies Vaccination
408 Certificate. The veterinarian who administers the rabies
409 vaccination or who supervises the administration of the rabies
410 vaccination as provided in paragraph (1)(b) or s. 474.2126 to an
411 animal as authorized under this section may affix his or her
412 signature stamp in lieu of an actual signature.
413 Section 9. This act shall take effect January 1, 2027.
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HB 805 by Rep. Melo
Veterinary Medicine
AMENDMENT SUMMARY
January 20, 2026
Amendment 666787 by Rep. Melo (strike-all):
• Removes the licensing and regulation of veterinary technicians and veterinary
technologists from the bill.
• Removes the provision in the bill that increases the membership of the Board of
Veterinary Medicine.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 805 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Melo offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. This act may be cited as the "Veterinary
8 Workforce Innovation Act."
9 Section 2. Section 474.201, Florida Statutes, is amended
10 to read:
11 474.201 Legislative findings, intent, and purpose.—
12 (1) The Legislature finds that the practice of veterinary
13 medicine is potentially dangerous to the public health and
14 safety if conducted by incompetent and unlicensed practitioners.
15 The legislative purpose in enacting this chapter is to ensure
16 that every veterinarian practicing in this state meet minimum
666787 - h0805-strike.docx
Published On: 1/16/2026 1:16:39 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 805 (2026)
Amendment No.
17 requirements for safe practice. It is the legislative intent
18 that veterinarians who are not normally competent or who
19 otherwise present a danger to the public shall be disciplined or
20 prohibited from practicing in this state.
21 (2) The Legislature finds that the practice of educated,
22 trained, and experienced veterinary professional associates will
23 increase consumer access to high-quality veterinary medical
24 services at a reasonable cost to consumers, while also
25 increasing the efficiency of the practice of veterinary medicine
26 in this state.
27 Section 3. Present subsection (14) of section 474.202,
28 Florida Statutes, is redesignated as subsection (15), and a new
29 subsection (14) is added to that section, to read:
30 474.202 Definitions.—As used in this chapter:
31 (14) "Veterinary professional associate" means an
32 individual who has graduated with a master's degree or the
33 equivalent in veterinary clinical care from an accredited
34 institution and who meets the requirements to be registered by
35 the department.
36 Section 4. Subsection (4) of section 474.2021, Florida
37 Statutes, is amended to read:
38 474.2021 Veterinary telehealth.—
39 (4) A veterinarian practicing veterinary telehealth:
40 (a) May not engage in the practice of veterinary
41 telehealth unless it is within the context of a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 805 (2026)
Amendment No.
42 veterinarian/client/patient relationship;
43 (b) Shall practice in a manner consistent with his or her
44 scope of practice and the prevailing professional standard of
45 practice for a veterinarian who provides in-person veterinary
46 services to patients in this state and shall employ sound,
47 professional judgment to determine whether using veterinary
48 telehealth is an appropriate method for delivering medical
49 advice or treatment to the patient;
50 (c) May use veterinary telehealth to perform an initial
51 patient evaluation to establish the veterinarian/client/patient
52 relationship if the evaluation is conducted using synchronous,
53 audiovisual communication. The evaluation may not be performed
54 using audio-only communications, text messaging, questionnaires,
55 chatbots, or other similar means. If a veterinarian practicing
56 telehealth conducts a patient evaluation sufficient to diagnose
57 and treat the patient, the veterinarian is not required to
58 research a patient's medical history or conduct a physical
59 examination of the patient before using veterinary telehealth to
60 provide a veterinary health care service to the patient;
61 (d) If the initial patient evaluation is performed using
62 veterinary telehealth, must provide the client with a statement
63 containing the veterinarian's name, license number, and contact
64 information and the contact information for at least one
65 physical veterinary clinic in the vicinity of the patient's
66 location and instructions for how to receive patient follow-up
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 805 (2026)
Amendment No.
67 care or assistance if the veterinarian and client are unable to
68 communicate because of a technological or equipment failure or
69 if there is an adverse reaction to treatment, and inform the
70 client that, if medication is prescribed, the client may obtain
71 a prescription that may be filled at the pharmacy of his or her
72 choice. The veterinarian shall obtain from the client a signed
73 and dated statement indicating the client has received the
74 required information before practicing veterinary telehealth;
75 (e) Shall prescribe all drugs and medications in
76 accordance with all federal and state laws and the following
77 requirements:
78 1. A veterinarian practicing veterinary telehealth may
79 order, prescribe, or make available medicinal drugs or drugs
80 specifically approved for use in animals by the United States
81 Food and Drug Administration, the use of which conforms to the
82 approved labeling. Prescriptions based solely on a telehealth
83 evaluation may be issued for up to 6 months 1 month for products
84 labeled solely for flea and tick control and up to 30 14 days of
85 treatment for other animal drugs. Prescriptions based solely on
86 a telehealth evaluation may not be renewed without an in-person
87 examination.
88 2. A veterinarian practicing veterinary telehealth may not
89 order, prescribe, or make available medicinal drugs or drugs as
90 defined in s. 465.003 approved by the United States Food and
91 Drug Administration for human use or compounded antibacterial,
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Bill No. HB 805 (2026)
Amendment No.
92 antifungal, antiviral, or antiparasitic medications, unless the
93 veterinarian has conducted an in-person physical examination of
94 the animal or made medically appropriate and timely visits to
95 the premises where the animal is kept.
96 3. A veterinarian may not use veterinary telehealth to
97 prescribe a controlled substance as defined in chapter 893
98 unless the veterinarian has conducted an in-person physical
99 examination of the animal or made medically appropriate and
100 timely visits within the past year to the premises where the
101 animal is kept.
102 4. A veterinarian practicing veterinary telehealth may not
103 prescribe a drug or other medication for use on a horse engaged
104 in racing or training at a facility under the jurisdiction of
105 the Florida Gaming Control Commission or on a horse that is a
106 covered horse as defined in the federal Horseracing Integrity
107 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
108 (f) Shall be familiar with available veterinary resources,
109 including emergency resources, near the patient's location and
110 be able to provide the client with a list of nearby
111 veterinarians who may be able to see the patient in person upon
112 the request of the client;
113 (g) Shall keep, maintain, and make available a summary of
114 the patient record as provided in s. 474.2165; and
115 (h) May not use veterinary telehealth to issue an
116 international or interstate travel certificate or a certificate
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Bill No. HB 805 (2026)
Amendment No.
117 of veterinary inspection.
118 Section 5. Paragraph (a) of subsection (5) and subsection
119 (7) of section 474.203, Florida Statutes, are amended to read:
120 474.203 Exemptions.—This chapter does not apply to:
121 (5)(a) Any person, or the person's regular employee,
122 administering to the ills or injuries of her or his own animals,
123 including, but not limited to, castration, spaying, and
124 dehorning of herd animals, unless title is transferred or
125 employment provided for the purpose of circumventing this law.
126 This exemption does not apply to any person licensed as a
127 veterinarian in another state or foreign jurisdiction and
128 practicing temporarily in this state. However, except as
129 provided in s. 474.2126 or s. 828.30, only a veterinarian may
130 immunize or treat an animal for diseases that are communicable
131 to humans and that are of public health significance.
132 (7) Any veterinary aide, nurse, laboratory technician,
133 preceptor, person registered pursuant to s. 474.2126, or other
134 employee of a licensed veterinarian who administers medication
135 or who renders auxiliary or supporting assistance under the
136 responsible supervision of a licensed veterinarian, including
137 those tasks identified by rule of the board requiring immediate
138 supervision, provided that a registered veterinary professional
139 associate is subject to s. 474.2126. However, the licensed
140 veterinarian is responsible for all such acts performed under
141 this subsection by persons under her or his supervision.
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Amendment No.
142
143 For the purposes of chapters 465 and 893, persons exempt
144 pursuant to subsection (1), subsection (2), or subsection (4)
145 are deemed to be duly licensed practitioners authorized by the
146 laws of this state to prescribe drugs or medicinal supplies.
147 Section 6. Section 474.2126, Florida Statutes, is created
148 to read:
149 474.2126 Veterinary professional associates;
150 registration.—
151 (1) REGISTRATION.—
152 (a) A veterinary professional associate may apply to the
153 department for registration by submitting a form prescribed by
154 the board. The department shall consider for registration each
155 qualified veterinary professional associate whom the department
156 verifies has submitted a completed application and meets the
157 applicable requirements of this subsection.
158 (b) The department shall issue a certificate of
159 registration to each veterinary professional associate applicant
160 whom the department verifies has graduated from the relevant
161 accredited program and received a passing score on the relevant
162 professional national competency examination approved by the
163 board.
164 (c) The department shall make a list of registrants
165 available to the public on the department's website.
166 (d) The department may suspend the registration of any
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Bill No. HB 805 (2026)
Amendment No.
167 veterinary professional associate whom the board determines has
168 caused serious harm to an animal due to negligence,
169 incompetence, or misconduct related to duties performed under
170 this section and in a manner inconsistent with the supervising
171 veterinarian's specific direction, until such time as the
172 registrant has completed remedial training or education directed
173 by the board.
174 (e) The department may rescind the registration of any
175 veterinary professional associate who is convicted of animal
176 cruelty under s. 828.12 or animal fighting under s. 828.122.
177 (2) PROHIBITION.—An individual may not hold himself or
178 herself out as a registered veterinary professional associate or
179 in any other way represent himself or herself as a veterinary
180 professional associate unless he or she has a valid certificate
181 of registration from the department.
182 (3) DUTIES AND ACTIONS OF A REGISTERED VETERINARY
183 PROFESSIONAL ASSOCIATE.—
184 (a) Unless otherwise prohibited by federal law, a
185 registered veterinary professional associate may engage in the
186 practice of veterinary medicine as defined in s. 474.202 or
187 veterinary medicine as defined in s. 474.202, to the extent that
188 he or she is competent and has the necessary training, current
189 knowledge, and experience to provide such care, as delegated
190 under the responsible supervision, as defined in s. 474.202, of
191 a licensed veterinarian.
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Bill No. HB 805 (2026)
Amendment No.
192 (b) A registered veterinary professional associate may not
193 do any of the following:
194 1. Prescribe a controlled substance listed in s. 893.03,
195 except that a registered veterinary professional associate may
196 perform humane euthanasia and prepare, log, and administer
197 controlled substances for the purpose of analgesia, anesthesia,
198 or humane euthanasia, as delegated by a licensed veterinarian
199 and performed under responsible supervision.
200 2. Perform a surgical procedure, except that a veterinary
201 professional associate may perform the following surgical
202 procedures:
203 a. Orchiectomy;
204 b. Veterinary dental surgery; or
205 c. Veterinary suturing or stapling of skin lacerations,
206 gingival incisions, or existing surgical incisions.
207 Section 7. Paragraph (a) of subsection (1) and subsection
208 (3) of section 828.30, Florida Statutes, are amended to read:
209 828.30 Rabies vaccination of dogs, cats, and ferrets.—
210 (1)(a) All dogs, cats, and ferrets 4 months of age or
211 older must be vaccinated by a licensed veterinarian or a person
212 authorized under paragraph (b) or s. 474.2126 against rabies
213 with a vaccine that is licensed by the United States Department
214 of Agriculture for use in those species.
215 (3) Upon vaccination against rabies, the licensed
216 veterinarian shall provide the animal's owner and the animal
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Bill No. HB 805 (2026)
Amendment No.
217 control authority with a rabies vaccination certificate. Each
218 animal control authority and veterinarian shall use the "Rabies
219 Vaccination Certificate" of the National Association of State
220 Public Health Veterinarians (NASPHV) or an equivalent form
221 approved by the local government that contains all the
222 information required by the NASPHV Rabies Vaccination
223 Certificate. The veterinarian who administers the rabies
224 vaccination or who supervises the administration of the rabies
225 vaccination as provided in paragraph (1)(b) or s. 474.2126 to an
226 animal as authorized under this section may affix his or her
227 signature stamp in lieu of an actual signature.
228 Section 8. This act shall take effect January 1, 2027.
229
230 -----------------------------------------------------
231 T I T L E A M E N D M E N T
232 Remove everything before the enacting clause and insert:
233 A bill to be entitled
234 An act relating to veterinary medicine; providing a
235 short title; amending s. 474.201, F.S.; revising
236 legislative findings, intent, and purpose; amending s.
237 474.202, F.S.; defining the term "veterinary
238 professional associate"; amending s. 474.2021, F.S.;
239 increasing the amount of time for which prescriptions
240 based solely on a veterinary telehealth evaluation may
241 be issued for certain drugs; amending s. 474.203,
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Amendment No.
242 F.S.; revising the applicability of certain
243 exemptions; creating s. 474.2126, F.S.; providing
244 requirements for veterinary professional associates to
245 receive certificates of registration from the
246 Department of Business and Professional Regulation;
247 requiring the department to make a list of veterinary
248 professional associate registrants publicly available
249 on its website; authorizing the department to suspend
250 the registration of a veterinary professional
251 associate upon a certain determination by the Board of
252 Veterinary Medicine; authorizing the department to
253 rescind the registration of a veterinary professional
254 associate under certain circumstances; prohibiting a
255 person from holding himself or herself out as a
256 veterinary professional associate under certain
257 circumstances; authorizing a registered veterinary
258 professional associate to engage in the practice of
259 veterinary medicine under certain circumstances;
260 prohibiting a registered veterinary professional
261 associate from taking certain actions; providing
262 exceptions; amending s. 828.30, F.S.; conforming
263 provisions to changes made by the act; providing an
264 effective date.
265
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HB 929
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 929 COMPANION BILL: SB 1020 (Truenow)
TITLE: Local Government Regulation of Chickees LINKED BILLS: None
SPONSOR(S): Cobb and Gentry RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill prevents a county or municipality from enacting an ordinance that prevents a member of the Miccosukee
or Seminole Tribes from constructing a chickee under certain conditions.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits counties from enacting any ordinance or policy that prevents or has the effect of preventing a
member of the Miccosukee Tribe of Indians of Florida or Seminole Tribe of Florida from constructing a chickee as
defined in 553.73, F.S. if:
• In a side yard if the chickee is at least 10 feet away from the property line.
• Near another structure if the chickee is at least 10 feet away from any other structure.
The bill also prohibits counties from enacting and ordinance or regulation concerning chickees that is more
restrictive than federal floodplain management regulations. (Section 1)
The bill prohibits municipalities from enacting any ordinance or policy that prevents or has the effect of preventing
a member of the Miccosukee or Seminole Tribe from constructing a chickee as defined in 553.73, F.S. if:
• In a side yard if the chickee is at least 10 feet away from the property line.
• Near another structure if the chickee is at least 10 feet away from any other structure.
The bill also prohibits municipalities from enacting and ordinance or regulation concerning chickees that is more
restrictive than federal floodplain management regulations. (Section 2)
The bill revises the definition of “chickee” in statute for purposes of exemption from the Florida Building Code to
include chickees that may:
• Have a wooden deck.
• Incorporate nonwood fasteners.
• Incorporate electrical or plumbing features in accordance with a building permit for those specific features.
The bill adds a criminal penalty for a person who is not a member of the tribe who constructs a chickee in an
attempt to assert an exemption. (Section 3)
STORAGE NAME: h0929.IPA
DATE: 1/16/2026
1
HB 929
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Indian Tribes in Florida
Two tribes, the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida, currently reside and have
tribal lands in the state. Most state law governing the relationship between the state and the federally-recognized
tribes with tribal lands in the state is contained in ch. 285, F.S. 1
Chickee
Chickee is the word Seminoles use for “house”. Chickees are palmetto thatch over cypress log frame.
2
Florida law currently defines “chickee” as an open-sided wooden hut that has a thatched roof of palm or palmetto
or other traditional materials, and that does not incorporate any electrical, plumbing, or nonwood features. They
are exempt from the Florida Building Code when contructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. 3
Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 4
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 5
Every local government must enforce the Florida Building Code and issue building permits. 6
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 7 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 8
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
1
Ch. 285, F.S.
2
Chickee, Seminole Tribe of Florida website, last visited Jan. 15, 2026.
3
S. 553.73(10)(i), F.S.
4
See s. 553.72(1), F.S.
5
S. 553.72, F.S.
6
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
7
S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
8
Ss. 125.56(4)(a) and 553.79(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 929
inspections are considered completed or closed. 9
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Miralia
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
9
Section 110 of Eighth Edition of the Florida Building Code (Building).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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
HB 929 2026
1 A bill to be entitled
2 An act relating to local government regulation of
3 chickees; creating ss. 125.489 and 166.04845, F.S.;
4 prohibiting counties and municipalities, respectively,
5 from enacting an ordinance, regulation, or policy that
6 prevents a chickee from being constructed by certain
7 persons in specified locations; prohibiting counties
8 and municipalities from enacting an ordinance,
9 regulation, or policy concerning chickees that is more
10 restrictive than certain federal regulations; amending
11 s. 553.73, F.S.; revising the definition of the term
12 "chickee"; providing a penalty for certain persons who
13 construct chickees in an attempt to assert an
14 exemption from the Florida Building Code; amending s.
15 633.202, F.S.; defining the term "chickee"; exempting
16 certain chickees from the Florida Fire Prevention
17 Code; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 125.489, Florida Statutes, is created
22 to read:
23 125.489 Ordinances, regulations, and policies concerning
24 chickees.—
25 (1) A county may not enact an ordinance, regulation, or
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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
HB 929 2026
26 policy that prevents or has the effect of preventing a person
27 who is a member of the Miccosukee Tribe of Indians of Florida or
28 the Seminole Tribe of Florida from constructing a chickee, as
29 defined in s. 553.73(10)(i):
30 (a) In a side yard if the chickee is at least 10 feet from
31 the property line.
32 (b) Near another structure if the chickee is at least 10
33 feet from any other structure.
34 (2) A county may not enact an ordinance, regulation, or
35 policy concerning chickees that is more restrictive than federal
36 floodplain management regulations.
37 Section 2. Section 166.04845, Florida Statutes, is created
38 to read:
39 166.04845 Ordinances, regulations, and policies concerning
40 chickees.—
41 (1) A municipality may not enact an ordinance, regulation,
42 or policy that prevents or has the effect of preventing a person
43 who is a member of the Miccosukee Tribe of Indians of Florida or
44 the Seminole Tribe of Florida from constructing a chickee, as
45 defined in s. 553.73(10)(i):
46 (a) In a side yard if the chickee is at least 10 feet from
47 the property line.
48 (b) Near another structure if the chickee is at least 10
49 feet from any other structure.
50 (2) A municipality may not enact an ordinance, regulation,
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HB 929 2026
51 or policy concerning chickees that is more restrictive than
52 federal floodplain management regulations.
53 Section 3. Paragraph (i) of subsection (10) of section
54 553.73, Florida Statutes, is amended to read:
55 553.73 Florida Building Code.—
56 (10) The following buildings, structures, and facilities
57 are exempt from the Florida Building Code as provided by law,
58 and any further exemptions shall be as determined by the
59 Legislature and provided by law:
60 (i) Chickees constructed by the Miccosukee Tribe of
61 Indians of Florida or the Seminole Tribe of Florida. As used in
62 this paragraph, the term "chickee" means an open-sided wooden
63 hut that has a thatched roof of palm, or palmetto, or other
64 traditional materials; that may have a wooden deck;, and that
65 does not incorporate any electrical, plumbing, or other nonwood
66 features, except that a chickee may:
67 1. Incorporate nonwood fasteners, including, but not
68 limited to, nails, screws, bolts, nuts, washers, staples, and
69 hurricane straps.
70 2. Incorporate electrical or plumbing features in
71 accordance with a building permit for the incorporation of such
72 features.
73
74 A person who is not a member of the Miccosukee Tribe of Indians
75 of Florida or the Seminole Tribe of Florida and who constructs a
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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
HB 929 2026
76 chickee in an attempt to assert an exemption from the Florida
77 Building Code commits a misdemeanor of the first degree,
78 punishable as provided in s. 775.082 or s. 775.083.
79
80 With the exception of paragraphs (a), (b), (c), and (f), in
81 order to preserve the health, safety, and welfare of the public,
82 the Florida Building Commission may, by rule adopted pursuant to
83 chapter 120, provide for exceptions to the broad categories of
84 buildings exempted in this section, including exceptions for
85 application of specific sections of the code or standards
86 adopted therein. The Department of Agriculture and Consumer
87 Services shall have exclusive authority to adopt by rule,
88 pursuant to chapter 120, exceptions to nonresidential farm
89 buildings exempted in paragraph (c) when reasonably necessary to
90 preserve public health, safety, and welfare. The exceptions must
91 be based upon specific criteria, such as under-roof floor area,
92 aggregate electrical service capacity, HVAC system capacity, or
93 other building requirements. Further, the commission may
94 recommend to the Legislature additional categories of buildings,
95 structures, or facilities which should be exempted from the
96 Florida Building Code, to be provided by law. The Florida
97 Building Code does not apply to temporary housing provided by
98 the Department of Corrections to any prisoner in the state
99 correctional system.
100 Section 4. Subsection (22) is added to section 633.202,
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101 Florida Statutes, to read:
102 633.202 Florida Fire Prevention Code.—
103 (22)(a) As used in this subsection, the term "chickee" has
104 the same meaning as in s. 553.73(10)(i).
105 (b) Notwithstanding any other provision of law, a chickee
106 is exempt from the Florida Fire Prevention Code, including the
107 national fire codes and other national codes incorporated by
108 reference, if:
109 1. The chickee is at least 20 feet from another structure
110 subject to the Florida Building Code; or
111 2. The chickee otherwise implements fire-proofing measures
112 approved by a certified fire protection system contractor.
113 Section 5. This act shall take effect July 1, 2026.
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hb929-00
HB 7015
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 7015 COMPANION BILL: SB 7014
TITLE: OGSR/Social Media Platform and Antitrust LINKED BILLS: None
Investigations RELATED BILLS: None
SPONSOR(S): Greco
Committee References
Orig. Comm.: Government Industries & Professional State Affairs
Operations Activities
13 Y, 0 N
SUMMARY
Effect of the Bill:
The bill extends the repeal date for two public record exemptions related to investigations into social media
platforms from October 2, 2026, to October 2, 2031. The public record exemptions protect information received by
the Department of Legal Affairs or a law enforcement agency into whether a social media platform has committed
an antitrust violation or failed to meet certain transparency and notification requirements.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill extends the repeal date, created pursuant to the Open Government Sunset Review Act, for two public
record exemptions related to investigations into social media platforms from October 2, 2026, to October 2, 2031.
The public record exemptions protect all information received by the Department of Legal Affairs or a law
enforcement agency in an investigation into whether a social media platform committed an antitrust violation
based on a case brought by a governmental entity or committed an unlawful act or practice by failing to meet
certain transparency and notice requirements. (Sections 1 and 2)
The bill is effective upon becoming a law. (Section 3)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act) 1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption. 2
1 S. 119.15, F.S.
2 S. 119.15(3), F.S.
STORAGE NAME: h7015.IPA
DATE: 1/16/2026
1
HB 7015
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which would be significantly impaired without the exemption.
• Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision.
• Protect trade or business secrets. 3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required. 4
Antitrust Violations
Antitrust laws “prohibit anticompetitive conduct and mergers that deprive American consumers, taxpayers, and
workers of the benefits of competition.” 5 Federal antitrust law includes the Sherman Antitrust Act, 6 the Clayton
Act, 7 and the Federal Trade Commission Act. 8 These laws are principally enforced by the U.S. Department of Justice
(DOJ) and the Federal Trade Commission (FTC), but can also be enforced by state Attorneys General, and private
plaintiffs.
In 1980, the Legislature passed the Florida Antitrust Act, 9 which, in large part, mirrors the federal Sherman Act. 10
The Florida Antitrust Act prohibits contracts, combinations, or conspiracies in restraint of trade or commerce 11 as
well as monopolization or attempted monopolization of any part of trade or commerce. 12 A violation of the Florida
Antitrust Act is punishable by up to three years imprisonment and fines up to $1 million for a corporation and
$100,000 for any other person. 13 The act also contains a private right of action for any person injured by certain
antitrust violations. 14
Antitrust Violator Vendor List
If an entity that operates a social media platform 15 has been convicted of or held civilly liable for antitrust
violations, the Department of Management Services must place the entity, or an affiliate of the entity, on the
Antitrust Violator Vendor List (list). 16 The entity or affiliate placed on the list may not:
• Submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;
• Submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a
public building or public work;
• Submit a bid, proposal, or reply on new leases of real property to a public entity;
• Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract
with a public entity; or
3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 U.S. Department of Justice, The Antitrust Laws (last visited Dec. 3, 2025).
6 5 U.S.C. ss. 1-7.
7 15 U.S.C. ss. 12-27; 29 U.S.C. ss. 52 and 53.
8 15 U.S.C. ss. 41-58.
9 Ss. 542.15 – 542.36, F.S.
10 See s. 542.16, F.S.
11 S. 542.18, F.S.
12 S. 542.19, F.S.
13 S. 542.21, F.S.
14 Ss. 542.21 and 542.23, F.S.
15 Ss. 287.137(1)(f) and 501.2041(1)(g), F.S.
16 S. 287.137(2), F.S.
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• Transact new business with a public entity. 17
Public entities are prohibited from accepting a bid, proposal, or reply from, awarding a new contract to, or
transacting new business with any entity or affiliate on the list. 18
The Attorney General may temporarily place any entity charged or accused of violating a state or federal antitrust
law in a civil or criminal proceeding brought by the Attorney General, a state attorney, the Federal Trade
Commission, or the DOJ on the list until the proceeding has concluded. 19 However, before the entity may be
temporarily placed on the list, the Attorney General must make a finding of probable cause that the entity has likely
violated the underlying antitrust laws. 20
If probable cause exists, the Attorney General must notify the entity in writing of its intent to temporarily place the
entity’s name on the list, and of the entity's right to a hearing, the procedure that must be followed, and the
applicable time requirements. 21 If the entity does not request a hearing, the Attorney General must enter a final
order temporarily placing the entity’s name on the list. If the entity does request a hearing, the burden is on the
Attorney General to prove that it is in the public interest to place the entity on the list. 22
Unlawful Acts and Practices by Social Media Platforms
Current law requires social media platforms to meet certain transparency and notification requirements and
authorizes the Department of Legal Affairs (DLA) 23 to bring an action against the platform under the Florida
Deceptive and Unfair Trade Practices Act (FDUTPA) for failing to do so. 24 Social media platforms are prohibited by
law from:
• Censoring or shadow banning a user's content or material or deplatforming a user from the social media
platform in a way that would otherwise violate FDUTPA, or without notifying the user who posted or
attempted to post the content or material.
• Applying or using post-prioritization or shadow banning algorithms for content and material posted by or
about a user who is known by the social media platform to be a candidate for office in Florida, beginning on
the date of qualification and ending on the date of the election or the date the candidate ceases to be a
candidate.
• Taking any action to censor, deplatform, or shadow ban a journalistic enterprise based on the content of its
publication or broadcast. 25
If a social media platform fails to comply with those legal requirements, it commits an unfair or deceptive act or
practice in violation of FDUTPA. 26 If DLA, by its own inquiry or as a result of a complaint, suspects that such a
violation is imminent, occurring, or has occurred, DLA may investigate the suspected violation in accordance with
FDUTPA. 27 In an investigation by DLA into alleged violations, DLA’s investigative powers include the ability to
subpoena any algorithm used by a social media platform related to any alleged violation. 28
NetChoice v. Moody
In June 2021, trade associations representing social media companies sued the State of Florida in the U.S. District
Court for the Northern District of Florida challenging the provision of law created in SB 7072 (2021) that made
17 Id.
18 S. 287.137(2)(b), F.S.
19 S. 287.137(3)(d)1., F.S.
20 Id.
21 S. 287.137(3)(d)2., F.S. A person may not be placed on the list without receiving a notice of intent from the Attorney General.
22 S. 287.137(3)(d)3-5., F.S.
23 The DLA is headed by the Attorney General. S. 20.11, F.S.
24 S. 501.2041(2), F.S.
25 Id.
26 Id.
27 S. 501.2041(5), F.S.
28 S. 501.2041(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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certain practices by social media platforms a violation of FDUTPA alleging violations of the plaintiffs’ free speech
under the First and Fourteenth Amendments. Thereafter, the court issued a preliminary injunction, enjoining the
state from enforcing those provisions. 29 The trade associations also brought a similar claim against a bill in Texas,
HB 20, that established restrictions on certain activities by social media platforms and the district court in Texas
issued a preliminary injunction. 30 Both states appealed the preliminary injunctions. The U.S. Court of Appeals for
the Eleventh Circuit upheld the lower court’s preliminary injunction; however, the U.S. Court of Appeals for the
Fifth Circuit reversed its lower court’s preliminary injunction. 31 Both cases were then appealed to the U.S. Supreme
Court, which agreed to hear them as one case. The U.S. Supreme Court found that the lower courts had not
conducted a proper analysis of the First Amendment challenges in either case and reversed and remanded the
cases to the district courts. 32
Currently in Florida, the case remains in the discovery phase and a trial date is set for July 13, 2026. 33
Public Record Exemption under Review
In 2021, the Legislature created a public record exemption for all information received by the DLA or a law
enforcement agency in an investigation into whether a social media platform:
• Committed an antitrust violation based on a case brought by a governmental entity 34
• Failed to meet certain transparency and notification requirements 35
All information received by DLA pursuant to an investigation by DLA or a law enforcement agency is confidential
and exempt from public record requirements, 36 until such time as the investigation is completed or ceases to be
active. During an active investigation, the confidential information may be disclosed by the DLA in the performance
of its official duties and responsibilities or to another governmental entity in performance of its duties and
responsibilities. 37
Once an investigation is complete or once an investigation ceases to be active, the following information received
by DLA remains confidential and exempt from public record requirements:
• All information to which another public records exemption applies.
• Personal identifying information.
• A computer forensic report.
• Information that would otherwise reveal weaknesses in a business's data security.
• Proprietary business information.38
The 2021 public necessity statement 39 provided several reasons for the public record exemptions under review.
Among those reasons, the Legislature stated that the premature release of the protected information “could
29 Netchoice, LLC v. Moody, 546 F. Supp. 3d 1082 (N.D. Fla. 2021).
30 Netchoice, LLC v. Paxton, 573 F. Supp. 3d 1092 (W.D. Tex. 2021).
31 Netchoice, LLC v. Atty. Gen., Fla., 34 F.4th 1196 (11th Cir. 2022); Netchoice, LLC v. Paxton, 49 F.4th 439 (5th Cir. 2022).
32 Moody v. Netchoice, LLC, 603 U.S. 707 (2024)
33 Netchoice, LLC v. Uthmeier, No. 4:21cv220-RH-MAF, 2025 WL 3534514, (N.D. Fla. May 22, 2025)
34 S. 287.137(8), F.S.
35 S. 501.2041(10), F.S.
36 There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d
1015 (Fla. 2004); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d
683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential and exempt from public disclosure, such
record may not be released by the custodian of public records, to anyone other than the persons or entities specifically
designated in statute. See Op. Att’y Gen. Fla. (1985).
37 S. 287.137(8)(b) and 501.2041(10)(b), F.S.
38 Ss. 287.137(8)(c) and 501.2041(10)(c), F.S.
39 Article I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying
exemption.”
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frustrate or thwart the investigation and impair the ability of the Attorney General and the Department of Legal
Affairs to effectively and efficiently administer” the relevant provisions of law. 40 Further, the exemptions exist to
“continue to protect from public disclosure all information to which another public record exemption applies once
an investigation is completed or ceases to be active.” 41
Pursuant to the OGSR Act, the public record exemptions will repeal on October 2, 2026, unless reviewed and saved
from repeal by the Legislature. 42
During the 2025 interim, House and Senate committee staff met with staff from DLA to discuss the public record
exemptions under review. DLA staff stated that they have not received any public records requests since the
exemptions were enacted. DLA staff noted that because a portion of the substantive law is currently enjoined, DLA
has not been able to conduct any investigations into whether a social media platform has engaged in an unfair or
deceptive practice under the law passed in 2021. Due to the injunction, DLA had not utilized the related public
record exemption. DLA staff were not aware of any other exemptions that protected the information or any
method by which a person could obtain information in the records by alternative means. DLA staff recommended
that the exemption be reenacted as is to preserve the integrity of their investigations if the injunction is lifted by
the courts.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Government 13 Y, 0 N 12/10/2025 Toliver Lines
Operations Subcommittee
Industries & Professional Activities Anstead Ray
Subcommittee
State Affairs Committee
40 Ch. 2021-33, L.O.F.
41 Id.
42 Ss. 287.137(8)(e) and 501.2041(10)(e), F.S.
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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
HB 7015 2026
1 A bill to be entitled
2 An act relating to review under the Open Government
3 Sunset Review Act; amending s. 287.137, F.S., which
4 provides an exemption from public record requirements
5 for certain information received in investigations by
6 the Attorney General or a law enforcement agency into
7 social media platform activities; extending the
8 scheduled repeal date of the exemption; amending s.
9 501.2041, F.S., which provides an exemption from
10 public records requirements for certain information
11 received in investigations by the Department of Legal
12 Affairs or a law enforcement agency into violations by
13 certain social media platforms; extending the
14 scheduled repeal date of the exemption; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (e) of subsection (8) of section
20 287.137, Florida Statutes, is amended to read:
21 287.137 Antitrust violations; denial or revocation of the
22 right to transact business with public entities; denial of
23 economic benefits.—
24 (8)
25 (e) This subsection is subject to the Open Government
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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
HB 7015 2026
26 Sunset Review Act in accordance with s. 119.15 and shall stand
27 repealed on October 2, 2031 2026, unless reviewed and saved from
28 repeal through reenactment by the Legislature.
29 Section 2. Paragraph (e) of subsection (10) of section
30 501.2041, Florida Statutes, is amended to read:
31 501.2041 Unlawful acts and practices by social media
32 platforms.—
33 (10)
34 (e) This subsection is subject to the Open Government
35 Sunset Review Act in accordance with s. 119.15 and shall stand
36 repealed on October 2, 2031 2026, unless reviewed and saved from
37 repeal through reenactment by the Legislature.
38 Section 3. This act shall take effect upon becoming a law.
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