SB 902 — Building Permits

(3) ASection closed3. Paragraphs permit(a) isand a(c) buildingof permitsubsection in(7) whichof anysection of489.103, theFlorida followingStatutes, apply:are amended to read:

(a) A489.103 Exemptions.—This finalpart inspectiondoes approvalnot hasapply beento: obtained upon satisfaction of permit requirements.

(b) No(7)(a) Owners workof isproperty startedwhen underacting theas originaltheir permitown withincontractor 6and monthsproviding afterdirect, issuanceonsite supervision themselves of theall permit.work not performed by licensed contractors:

(c) The1. When requirementsbuilding or improving farm outbuildings or one family or two-family residences on such property for the occupancy or use of subsectionsuch (4)owners areand satisfied.not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $75,000, on such property for the occupancy or use of such owners and not offered for sale or lease.

(4) AnIn openan oraction expiredbrought permitunder maythis bepart, closedproof by or on behalf of the currentsale propertyor owner,lease, regardlessor ofoffering whether the property owner is the same owner who originally applied for thesale permit or islease, aof subsequentany owner,such structure by complying with the requirementsowner-builder forwithin closing1 permitsyear pursuantafter tocompletion aof mutualsame agreementcreates betweena thepresumption current property owner and the local enforcement agency that issued the permitconstruction or,was absentundertaken suchfor anpurposes agreement,of bysale complyingor withlease. the following requirements:

(a) The2. When propertyrepairing owneror mayreplacing retainwood theshakes originalor contractorasphalt whoor obtainedfiberglass theshingles permiton one-family, two-family, or maythree-family hireresidences afor differentthe contractoroccupancy licensedor inuse thisof statesuch whoowner possessesor anytenant licenseof requiredthe owner and not offered for thesale performancewithin 1 year after completion of anythe work necessaryand towhen satisfythe property has been damaged by natural causes from an event recognized as an emergency situation designated by executive order issued by the conditionsGovernor ofdeclaring the permitexistence atof issue,a instate orderof toemergency closeas a result and consequence of a serious threat posed to the openpublic orhealth, expiredsafety, permit;and property in this state.

reactivate3. When installing, uninstalling, or replacing solar panels on one-family, two-family, or three-family residences, and the permitlocal ifpermitting itagency’s county or municipal government is expired;participating in a “United States Department of Energy SunShot Initiative:

orRooftop satisfySolar anyChallenge” requirementgrant. of the permit at issue not yet satisfied, including correcting of any code violation in accordance with the building code that was in effect when the application for the permit was filed, and obtaining any necessary inspection.

1. TheHowever, statean licenseowner must utilize a licensed electrical contractor to effectuate the wiring of the contractorsolar whopanels, performsincluding theseany functionsinterconnection mustto bethe currentcustomer’s andresidential active.electrical wiring.

2. AfterThe providinglimitations the local enforcement agency a written notice of changethis toexemption ashall newbe licensedexpressly contractorstated andin reactivation of the permit,building if applicable, the contractor is not liable for any existing defect or existing work that fails to comply with any applicable code, rule, regulation, ordinance, permit requirement,approved orand lawissued otherby than the workpermitting actuallyagency performedfor bysuch theproject. contractor.

3. The4. When propertycompleting ownerthe andrequirements theof permitholdera underbuilding permit, where the originalcontractor openlisted oron expiredthe permit remainsubstantially liable,completed within the periodproject ofas anydetermined applicableby statutethe oflocal limitationspermitting oragency, reposefor anda asone-family providedor bytwo-family applicableresidence, law,townhome, foror anyan defectaccessory instructure theof worka one-family or fortwo-family failureresidence toor complytownhome withor anyan applicableindividual code,residential rule,condominium regulation,unit ordinance, permit requirement, or law.cooperative unit.

4. ToPrior theto extentqualifying requiredfor bythe chapterexemption, 489, the owner ormust thereceive contractorapproval mayfrom hirethe licensedlocal subcontractorspermitting inagency, theand scope of the permittedlocal workpermitting whoagency maymust performdetermine thethat functions of the contractor aslisted outlinedon in this subsection to the extentpermit thesubstantially workcompleted is covered by the subcontractor’sproject. license.

5. AllAn workowner requiredwho toqualifies properlyfor closethe anexemption open or expired permit under this sectionsubparagraph mustis benot performedrequired into accordanceoccupy with the buildingdwelling codeor inunit effect on the date the application for theat openleast or1 expiredyear permitafter was filed, unless, pursuant to the buildingcompletion codeof in effect when the workproject. is performed, the contractor has sought and received approval from the local enforcement agency for an alternative material, design, or method of construction.

(b)1. As(c) To qualify for exemption under this subsection, an alternativeowner tomust personally appear and sign the proceduresbuilding requiredpermit inapplication paragraphand (a),must asatisfy propertylocal ownerpermitting mayagency hirerequirements, anif engineerany, orproving architectthat whothe possessesowner has a currentcomplete andunderstanding activeof licensethe owner’s obligations under the law as specified in the disclosure statement in this state;section.

isHowever, experiencedfor inpurposes designing, supervising, or inspecting work of theimplementing naturea covered“United byStates theDepartment openof orEnergy expiredSunShot permitInitiative: at issue;

andRooftop hasSolar atChallenge” leastgrant 3and yearsthe participation of experiencecounty inand performingmunicipal fieldgovernments, inspectionsincluding regardinglocal permitting agencies under the jurisdiction of such workcounty toand inspectmunicipal thegovernments, constructionan workowner’s subjectnotarized signature or personal appearance to sign the openpermit orapplication expiredis buildingnot permit,required directfor anya repairsolar necessaryproject, toas complydescribed within allsubparagraph the(a)3., requirementsif of the permit,building andpermit confirmapplication complianceis bysubmitted submittingelectronically anto affidavitthe bearingpermitting agency and the sealowner ofcertifies the engineerapplication orand architectdisclosure tostatement using the issuingpermitting localagency’s enforcementelectronic agency.confirmation system.

TheIf affidavitany mustperson beviolates substantiallythe inrequirements of this subsection, the followinglocal form:permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued.

127The I,local ...(specifypermitting name)...,agency possessshall provide the person with a currentdisclosure andstatement activein ...(specifysubstantially engineeringthe orfollowing architectural)...form:

license143 inDISCLOSURE theSTATEMENT State145 of1. I Florida.understand that state law requires construction to be done by a licensed contractor and have applied for an owner-builder permit under an exemption from the law.

IThe amexemption experiencedspecifies inthat designing,I, supervising,as orthe inspectingowner work of the natureproperty coveredlisted, bymay theact openas ormy expiredown permitcontractor atwith thecertain realrestrictions propertyeven locatedthough atI ...(specifydo address)....not have a license.

I153 have2. I atunderstand leastthat 3building yearspermits ofare experiencenot inrequired performingto fieldbe inspectionssigned asby a property owner unless he or she is responsible for the construction and is not hiring a licensed contractor to suchassume work.responsibility.

I158 have3. I inspectedunderstand thethat, constructionas workan subjectowner-builder, to the open or expired building permit number ...(specify number)..., and I confirmam that the constructionresponsible workparty complies with all known requirements of therecord permiton ata issue.permit.

140I Signed:understand that I may protect myself from potential financial risk by hiring a licensed contractor and having the permit filed in his or her name instead of my own name.

142I ...(affixalso licensingunderstand seal)...that a contractor is required by law to be licensed in Florida and to list his or her license numbers on permits and contracts.

144167 2. If4. I anyunderstand ofthat theI permittedmay workbuild includes construction outside the engineer’s or architect’simprove areaa ofone expertise,family the property owner, engineer, or architecttwo-family mayresidence hire an engineer or architecta licensedfarm inoutbuilding. the scope of the permitted work who may direct any necessary repairs to comply with all requirements of the permit at issue.

TheI engineermay oralso architectbuild hired by the property owner, engineer, or architectimprove musta confirmcommercial compliancebuilding byif submitting to the localcosts enforcementdo agencynot issuingexceed the$75,000. permit a signed and sealed affidavit attesting to compliance with all requirements of the permit at issue.

3. TheThe localbuilding enforcement agency issuing the permit shall accept the affidavit or affidavitsresidence referencedmust inbe thisfor paragraphmy as satisfaction of all requirements of the permit at issue and shall thereafter close the building permit, unless the agency conducts its own finaluse inspection within 7 business days after receipt of the affidavit or affidavitsoccupancy. and discovers code or permit violations within the scope of work covered by the permit.

SuchIt violationsmay mustnot be correctedbuilt toor thesubstantially localimproved enforcementfor agency’ssale satisfactionor aslease, unless I am completing the requirements of a conditionbuilding topermit closingwhere the permit.contractor listed on the permit substantially completed the project.

AllIf worka requiredbuilding to properly close an open or expiredresidence permitthat underI thishave paragraphbuilt mustor besubstantially performedimproved inmyself accordanceis withsold the building code in effect on the date the application for the open or expiredleased permitwithin was1 filed,year unless,after pursuant to the buildingconstruction code in effect when the work is performed,complete, the engineerlaw orwill architectpresume hasthat soughtI andbuilt receivedor approvalsubstantially fromimproved theit local enforcement agency for ansale alternativeor material,lease, design,which orviolates methodthe ofexemption. construction.

(5) The182 requirements5. I ofunderstand subsectionthat, (4)as applythe regardlessowner-builder, ofI whethermust theprovide buildingdirect, permitonsite issupervision openof orthe hasconstruction. expired.

(6)(a) A186 local6. I enforcementunderstand agencythat I may not denyhire issuancean ofunlicensed aperson buildingto permitact oras issuemy acontractor notice of violation to, or fine,to penalize,supervise sanction,persons orworking assesson feesmy against, a subsequent arms length purchaser of the subject property for value solely because a building permitor wasresidence. not properly closed within one of the following periods:

1. FiveIt yearsis aftermy expirationresponsibility ofto ensure that the datepersons ofwhom recordationI ofemploy have the noticelicenses ofrequired commencementby orlaw ofand theby lastcounty amendmentor thereto.municipal ordinance.

2. If193 7. I understand that it is a noticefrequent practice of commencementunlicensed waspersons notto recorded,have withinthe 7property yearsowner afterobtain thean buildingowner-builder permit wasthat issued.erroneously implies that the property owner is providing his or her own labor and materials.

(b) AI, localas enforcementan agencyowner-builder, shallmay maintainbe allheld rightsliable and remediessubjected againstto theserious propertyfinancial ownerrisk andfor contractorany identifiedinjuries sustained by an unlicensed person or his or her employees while working on themy permit.property.

(7) AnMy individualhomeowner’s tradeinsurance permit, or any other permit type determined by a local enforcement agency, may benot closedprovide 6coverage yearsfor afterthose issuanceinjuries. of the permit if no apparent safety hazards exist and no code violations have been previously documented.

ThisI subsectionam doeswillfully notacting applyas toan aowner buildingbuilder permitand foram aaware buildingof projectthe stilllimits underof constructionmy withinsurance acoverage legallyfor grantedinjuries permitto extension.workers on my property.

(8) As206 an8. I alternativeunderstand tothat theI requirementsmay innot subsectiondelegate (4), with the approvalresponsibility of the local enforcement agency, the owner of a home for salesupervising maywork assume the role of an owner-builder in order to resolve an open permit for a substantiallylicensed completedcontractor projectwho when the project is abandoned or otherwise not completed by the licensed contractorto whoperform obtained the permit.work being done.

TheAny ownerperson working on my building who is not requiredlicensed tomust continuework tounder residemy indirect supervision and must be employed by me, which means that I must comply with laws requiring the homewithholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers’ compensation for 1the year.employee.

ThisI alternativeunderstand appliesthat onlymy failure to realfollow propertythese consistinglaws ofmay singlesubject orme multiple family dwellings up to andserious includingfinancial fourrisk. units.

(9) A219 contractor9. I mayagree holdthat, anas unlimitedthe numberparty oflegally activeand permits.financially responsible for this proposed construction activity, I will abide by all applicable laws and requirements that govern owner-builders as well as employers.

(10) ProvisionsI inalso theunderstand Floridathat Buildingthe Codeconstruction whichmust authorizecomply permitswith toall be administratively closed by a local enforcement agency are not applicable tolaws, aordinances, permitbuilding subjectcodes, toand regulation by an agency not specifically enforcing the Florida Building Code, except where the local enforcement agency has regulatory authority over other areas related to the permit, such as zoning orregulations. other land development code provisions.

Regulations227 not10. I subjectunderstand tothat suchI provisionsmay inobtain themore Floridainformation Buildingregarding Codemy include,obligations butas arean notemployer limitedfrom to,the localInternal zoningRevenue andService, landthe useUnited rules,States localSmall stormwaterBusiness managementAdministration, rules, local platting and subdivision requirements, rules implemented by the DepartmentFlorida of Health and the Department of BusinessFinancial andServices, Professional Regulation, local utility standards, and provisions of the NationalFlorida FloodDepartment Insuranceof ProgramRevenue. Community Rating System.

(11) WhenI issuingalso aunderstand buildingthat permit,I a local enforcement agency shall provide to the property owner a written notice, which may becontact electronically provided if the permitFlorida packageConstruction isIndustry electronicallyLicensing provided,Board inat substantially...(telephone thenumber)... following form:

223 IMPORTANT NOTICE REGARDING COMPLIANCE WITH THE INSPECTION AND APPROVAL PROCESS FOR ALL BUILDING PERMITS 227 You are receiving a building permit authorizing the construction referenced in the application that was submitted to this local enforcement agency by you or on...(Internet yourwebsite behalf.address)...

Thefor permitmore isinformation issuedabout withlicensed conditions,contractors. including required building inspections and assurances that the construction complies with the design submitted with the permit application and any other conditions referenced in the permit.

It238 is11. I criticalam thataware youof, ensureand thatconsent allto, necessaryan owner-builder building inspectionspermit areapplied passedfor beforein themy expirationname ofand anyunderstand noticethat ofI commencementam orthe amendmentparty thereto,legally asand thesefinancially inspectionsresponsible arefor importantthe toproposed ensure that construction hasactivity beenat performedthe infollowing aaddress: safe and proper manner.

If...(address youof haveproperty).... any questions regarding these procedures, please call the local enforcement agency.

Your244 failure12. I agree to complynotify may...(issuer alsoof resultdisclosure instatements)... unsafe conditions arising from your construction.

245immediately (12) The applicable governmental entity may charge only one search fee for searching for and identifying open or unexpired building permits for a tax parcel, regardless of howany manyadditions, unitsdeletions, or subunitschanges may be assigned by a municipality or county to aany particularof taxthe parcelinformation identificationthat number,I inhave anprovided amounton commensuratethis withdisclosure. research and time costs incurred by the governmental entity.

(13) For249 allLicensed buildingcontractors permitsare issuedregulated afterby Octoberlaws 1,designed 2019, a local enforcement agency shall send a written notice to protect the propertypublic. owner if a building permit has not been properly closed within 1 to 3 years after issuance of any such permit.

TheIf noticeyou mustcontract advisewith a person who does not have a license, the propertyConstruction ownerIndustry Licensing Board and Department of theBusiness needand Professional Regulation may be unable to properlyassist closeyou thewith permitany uponfinancial completionloss ofthat theyou worksustain coveredas bya theresult permit.of a complaint.

FailureYour toonly receiveremedy writtenagainst noticean doesunlicensed not relieve the contractor ormay thebe propertyin ownercivil fromcourt. taking the necessary actions to legally close the permit.

(14) ThisIt actis doesalso notimportant preventfor ayou localto governmentalunderstand entitythat, fromif enforcingan anyunlicensed provisioncontractor or employee of aan localindividual landor developmentfirm codeis orinjured otherwhile localworking ordinanceon notyour inconsistentproperty, withyou thismay section.be held liable for damages.

SectionIf 2. Thisyou actobtain shallan takeowner effectbuilder Octoberpermit 1,and 2019.wish to hire a licensed contractor, you will be responsible for verifying whether the contractor is properly licensed and the status of the contractor’s workers’ compensation coverage.

266 Before a building permit can be issued, this disclosure statement must be completed and signed by the property owner and returned to the local permitting agency responsible for issuing the permit.

A copy of the property owner’s driver license, the notarized signature of the property owner, or other type of verification acceptable to the local permitting agency is required when the permit is issued.

276 Signature:

...(signature of property owner)....

Date:

...(date)....

Section 4. Subsection (6) of section 489.503, Florida Statutes, is amended to read:

489.503 Exemptions.—This part does not apply to:

(6)(a) An owner of property making application for permit, supervising, and doing the work in connection with the construction, maintenance, repair, and alteration of and addition to a single-family or duplex residence for his or her own use and occupancy and not intended for sale or an owner of property when acting as his or her own electrical contractor and providing all material supervision himself or herself, when building or improving a farm outbuilding or a single-family or duplex residence on such property for the occupancy or use of such owner and not offered for sale or lease, or building or improving a commercial building with aggregate construction costs of under $75,000 on such property for the occupancy or use of such owner and not offered for sale or lease.

In an action brought under this subsection, proof of the sale or lease, or offering for sale or lease, of more than one such structure by the owner-builder within 1 year after completion of same is prima facie evidence that the construction was undertaken for purposes of sale or lease.

(b) An owner of property completing the requirements of a building permit, where the contractor listed on the permit substantially completed the project as determined by the local permitting agency, for a one-family or two family residence, townhome, accessory structure of a one-family or two-family residence or townhome or individual residential condominium unit or cooperative unit.

Prior to the owner qualifying for the exemption, the owner must receive approval from the local permitting agency, and the local permitting agency must determine that the contractor substantially completed the project.

An owner who qualifies for the exemption under this paragraph is not required to occupy the dwelling or unit for at least 1 year after the completion of the project.

(c) This subsection does not exempt any person who is employed by such owner and who acts in the capacity of a contractor.

For the purpose of this subsection, the term “owner of property” includes the owner of a mobile home situated on a leased lot.

To qualify for exemption under this subsection, an owner shall personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner’s obligations under the law as specified in the disclosure statement in this section.

If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued.

The local permitting agency shall provide the owner with a disclosure statement in substantially the following form:

330 Disclosure Statement 332 State law requires electrical contracting to be done by licensed electrical contractors.

You have applied for a permit under an exemption to that law.

The exemption allows you, as the owner of your property, to act as your own electrical contractor even though you do not have a license.

You may install electrical wiring for a farm outbuilding or a single-family or duplex residence.

You may install electrical wiring in a commercial building the aggregate construction costs of which are under $75,000.

The home or building must be for your own use and occupancy.

It may not be built for sale or lease, unless you are completing the requirements of a building permit where the contractor listed on the permit substantially completed the project.

If you sell or lease more than one building you have wired yourself within 1 year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of this exemption.

You may not hire an unlicensed person as your electrical contractor.

Your construction shall be done according to building codes and zoning regulations.

It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances.

Section 5. Present subsections (15) through (20) of section 553.79, Florida Statutes, are redesignated as subsections (17) through (22), respectively, new subsections (15) and (16) are added to that section, and paragraph (c) is added to subsection (1) of that section, to read:

553.79 Permits;

applications;

issuance;

inspections.— (1) (c) A local government that issues building permits may send a written notice of expiration, by e-mail or United States Postal Service, to the owner of the property and the contractor listed on the permit, no less than 30 days before a building permit is set to expire.

The written notice must identify the permit that is set to expire and the date the permit will expire.

(15)(a) A property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements:

1. The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspections in order to close the permit.

If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs.

2. The property owner may assume the role of an owner builder, in accordance with ss.

489.103(7) and 489.503(6).

3. For purposes of this section, the term “close” means that the requirements of the permit have been satisfied.

(b) If a building permit is expired and its requirements have been substantially completed, as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design, or method of construction.

(c) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazards exist.

(16)(a) A local enforcement agency may not deny issuance of a building permit to, issue a notice of violation to, or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit was applied for by a previous owner of the property was not closed.

The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit.

(b) The local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed.

Section 6. Paragraph (e) is added to subsection (7) of section 553.80, Florida Statutes, to read:

553.80 Enforcement.— (7) The governing bodies of local governments may provide a schedule of reasonable fees, as authorized by s.

125.56(2) or s.

166.222 and this section, for enforcing this part.

These fees, and any fines or investment earnings related to the fees, shall be used solely for carrying out the local government’s responsibilities in enforcing the Florida 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 shall be carried forward to future years for allowable activities or shall be refunded at the discretion of the local government.

The basis for a fee structure for allowable activities shall relate to the level of service provided by the local government and shall include consideration for refunding fees due to reduced services based on services provided as prescribed by s.

553.791, but not provided by the local government.

Fees charged shall be consistently applied.

(e) The governing body of a local government that issues building permits may charge a person only one search fee, in an amount commensurate with the research and time costs incurred by the governing body, for identifying building permits for each unit or subunit assigned by the governing body to a particular tax parcel identification number.

Section 7. Section 440.103, Florida Statutes, is amended to read:

440.103 Building permits;

identification of minimum premium policy.—Every employer shall, as a condition to applying for and receiving a building permit, show proof and certify to the permit issuer that it has secured compensation for its employees under this chapter as provided in ss.

440.10 and 440.38.

Such proof of compensation must be evidenced by a certificate of coverage issued by the carrier, a valid exemption certificate approved by the department, or a copy of the employer’s authority to self-insure and shall be presented, electronically or physically, each time the employer applies for a building permit.

As provided in s.

553.79(20) s.

553.79(19), for the purpose of inspection and record retention, site plans or building permits may be maintained at the worksite in the original form or in the form of an electronic copy.

These plans and permits must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code.

As provided in s.

627.413(5), each certificate of coverage must show, on its face, whether or not coverage is secured under the minimum premium provisions of rules adopted by rating organizations licensed pursuant to s.

627.221.

The words “minimum premium policy” or equivalent language shall be typed, printed, stamped, or legibly handwritten.

Section 8. This act shall take effect October 1, 2019.