HB 405 — Commercial Construction

(a) Enforce any contract provision that eliminates or limits a contractor's right to receive compensation for damages and increased costs, equitable adjustments, and time extensions due to a delay in performance of the contract, either on the contractor's own behalf or on behalf of a subcontractor or supplier, to the extent the delay was caused in whole or in part by the acts or omissions of the governmental entity or an agent, an employee, or a person acting on behalf of the governmental entity.

(b) Enforce any contract provision that eliminates or limits a contractor's right to receive time extensions due to concurrent delays, either on the contractor's own behalf or on behalf of a subcontractor or supplier, if at least one of the delays is caused in whole or in part by the acts or omissions of the governmental entity or an agent, an employee, or a person acting on behalf of the governmental entity.

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hb405-02-c2hb405-01-c1 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 CS/CS/HBCS/HB 405 2026 (3)for Thisa sectiondelay maycaused notby bethe construedacts toor renderomissions unenforceableof athe provisioncontractor ofor ahis contractor forher asubcontractors, publicagents, worksor projectemployees; which:

(a)or Requires(c) theProvides partyfor claimingarbitration a delay to give notice of the acts or omissionsany givingother riseprocedure designed to thesettle delay;contract disputes.

or(5) (b)If Providesa forpublic arbitrationconstruction orcontract anycontains othera procedureprovision designedthat tois settlevoid and unenforceable under this section, the provision must be severed from the contract disputes.and the remaining provisions remain in full force and effect.

(4)(6) IfThis asection contractapplies forto aall public worksconstruction projectcontracts containsentered ainto provisionon thator isafter unenforceableJuly under1, this2026. section, the provision must be severed from the contract and the remaining provisions remain in full force and effect.

(5) This section applies to any contract for a public works project entered into on or after July 1, 2026.

Subsections (1) through (12) of section 553.71, Florida Statutes, are renumbered as subsections (2) through (13), respectively, and a new subsection (1) is added to that section, to read:

553.71 Definitions.—As used in this part, the term:

(1) "Commercial construction project" means the construction, alteration, or repair of a building or structure that is primarily intended for business, industrial, institutional, or mercantile use and is not classified as residential under the Florida Building Code.

Section 3.

Page553.789 4Uniform ofcommercial 12building CODING:permit application.— (1) The commission, in consultation with the department, shall create a uniform commercial building permit application.

WordsThe strickenuniform arecommercial deletions;building permit application must, at a minimum, require all of the following information:

words underlined are additions.

hb405-02-c2 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 CS/CS/HB 405 2026 553.789 Uniform commercial building permit application.— (1) By December 31, 2027, the commission shall adopt by rule a uniform commercial building permit application to be used statewide for commercial construction projects.

The application must include, at a minimum, the following information:

(b) The name, license number, and contact information of the contractor,contractor. if known at the time of application.

(e)Page A4 description of the7 constructionCODING: project, including whether the project is new construction or an alteration, an addition, or a repair.

(f) The total square footage and declared value of the construction project.

(g) The architect or engineer of record, if applicable.

(h) The identification of private provider services used under s.

553.791, if any.

(2) The commission shall adopt by rule additional trade- specific forms for trades that are often present on a project, including, but not limited to, electric, HVAC, plumbing, and water and sewer.

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hb405-02-c2hb405-01-c1 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 CS/CS/HBCS/HB 405 2026 (3)(e) A localdescription enforcementof agencythe mustconstruction acceptproject, theincluding uniformwhether commercialthe buildingproject permitis applicationnew andconstruction otheror standardizedan formsalteration, asan adoptedaddition, byor thea commission.repair.

However,(f) aThe localtotal enforcementsquare agencyfootage mayand require additional documentation or plans reasonably necessary for the applicantdeclared tovalue demonstrateof compliance with the Floridaconstruction Buildingproject. Code or local zoning ordinances.

Section(g) 4.The architect or engineer of record, if applicable.

Paragraph(h) (a)The ofidentification subsection (5) and paragraph (a) of subsectionany (24)private ofprovider sectionservices 553.79,if Floridaused Statutes,pursuant are amended, and paragraph (g) is added to subsections. (1) of that section, to read:

553.79553.791. Permits;

applications;(2) The uniform commercial building permit application must be accepted statewide and may not be modified.

issuance;(3) The commission, in consultation with the department, shall create additional trade-specific forms for trades that are often present on a project, including, but not limited to, electric, HVAC, plumbing, and water and sewer.

inspections.—Such (1)forms (g)must Permitbe feesstandardized imposed by a local enforcement agency are limited to the actual and reasonableused costsstatewide. incurred in reviewing, processing, and administering the permit and may not be based on industry standards, market rates, or comparable retail pricing.

Permit(4) feesA mustlocal beenforcement proportionalagency tomay therequire worksupplemental performedtrade-specific reviewing,forms processing,based andon administeringthe scope of the permit.project.

(5)(a)The Duringuse newof constructionsuch orsupplemental duringforms repairmay ornot restorationexpand projects in which the structuralapplicable systemtimelines orduring structuralwhich loadingplans ofmust abe buildingreviewed isand beingpermits modified,must thebe enforcingissued. agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.

The(5) structuralA inspectionlocal planenforcement mustagency bemay submittedrequire additional documentation or plans reasonably necessary to Pagedemonstrate 6compliance ofwith 12the CODING:Florida Building Code or local zoning ordinances.

Such additional documentation or plans may not alter the format, content, or substance of the uniform commercial Page 5 of 7 CODING:

hb405-02-c2hb405-01-c1 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 CS/CS/HBCS/HB 405 2026 and approved by the enforcing agency before the issuance of a building permit forapplication. the construction of a threshold building.

The(6) purposeA oflocal theenforcement structuralagency inspectionmust planallow isreviews to providetake specificplace inspectionsimultaneously. procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents.

(7) The specialcommission inspectorshall mayelectronically notpublish serveon asits awebsite surrogateand inmake carryingavailable outto theall responsibilitieslocal ofenforcement theagencies buildingand official,applicants the architect,uniform orcommercial thebuilding engineerpermit ofapplication record.by July 1, 2027.

TheSection contractor's3. contractual or statutory obligations are not relieved by any action of the special inspector.

TheParagraphs special(e) inspectorthrough shall(s) determineof thatsubsection a(1) professionalof engineersection who553.791, specializesFlorida inStatutes, shoringare designredesignated hasas inspectedparagraphs the(f) shoringthrough and(t), reshoringrespectively, forparagraph conformance(b) withof thesubsection shoring(17) is amended, a new paragraph (e) is added to subsection (1), and reshoringparagraph plans(d) submittedis added to thesubsection enforcing(2), agency.to read:

A553.791 feeAlternative simpleplans titlereview ownerand ofinspection.— a(1) building,As whichused doesin notthis meetsection, the minimumterm: size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under s.

553.71(13)(e) s."Commercial construction project" means the construction, alteration, or repair of a building or structure that is primarily intended for business, industrial, institutional, or mercantile use and is not classified as residential under the Florida Building Code.

553.71(12),(2) may(d) designateIf suchan buildingowner asor a thresholdcontractor building,retains subjecta toprivate moreprovider thanfor purposes of plans review or building inspection services for a commercial construction project, the minimumlocal numberenforcement ofagency inspectionsmust requiredreduce the permit fee by at least 50 percent of the Floridaportion BuildingPage Code.6 of 7 CODING:

(24)(a) A political subdivision of this state may not adopt or enforce any ordinance or impose any building permit or other development order requirement that:

1.

Contains any building, construction, or aesthetic Page 7 of 12 CODING:

hb405-02-c2hb405-01-c1 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 CS/CS/HBCS/HB 405 2026 requirement or condition that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards, or other features of corporatethe brandingpermit identityfee onattributable realto propertyplans orreview improvements thereon used in activities conducted under chapter 526 or inbuilding carryinginspection outservices, business activities defined as aapplicable. franchise by Federal Trade Commission regulations in 16 C.F.R.

ss.If an owner or a contractor retains a private provider for all required plans review and building inspection services, the local enforcement agency must reduce the total permit fee by at least 75 percent of the amount otherwise charged for such services.

436.1, et.

seq.;

or 2.

Imposes any requirement on the design, construction, or location of signage advertising the retail price of gasoline in accordance with the requirements of ss.

526.111 and 526.121 which prevents the signage from being clearly visible and legible to drivers of approaching motor vehicles from a vantage point on any lane of traffic in either direction on a roadway abutting the gas station premises and meets height, width, and spacing standards for Series C, D, or E signs, as applicable, published in the latest edition of Standard Alphabets for Highway Signs published by the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety;

or 3.

Imposes a glazing requirement that results in the glazing of more than 15 percent of the surface area of the primary facade for up to, and including, 10 feet above the ground floor for a proposed commercial or mixed-use new construction or restoration project.

A glazing requirement may not be imposed or enforced on any facade other than the primary Page 8 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

hb405-02-c2 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 CS/CS/HB 405 2026 facade and may not be imposed or enforced on any portion of the primary facade that is higher than 10 feet above the ground floor.

For purposes of this subparagraph, the term:

a.

"Glazing" means the installation of transparent or translucent materials, including glass or similar substances, in windows, doors, or storefronts, and includes the addition of actual or faux windows to a building facade.

b.

"Primary facade" means the single building side on which the primary entrance to a building is located.

Section 5.

Paragraph (b) of subsection (2) of section 553.791, Florida Statutes, is amended, and paragraph (d) is added to that subsection, to read:

553.791 Alternative plans review and inspection.— (2) (b) 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 must include the applicable reduction in the permit fee on its schedule of fees posted on the local jurisdiction's website.

The local jurisdiction may not charge fees for plans Page 9 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

hb405-02-c2 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 CS/CS/HB 405 2026 review or 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.

The local jurisdiction shall specify on its website the services covered by the administrative fee.

(d) If an owner or a contractor retains a private provider for purposes of plans review or building inspection services for a commercial construction project, the local enforcement agency must reduce the permit fee by at least 25 percent of the portion of the permit fee attributable to plans review or building inspection services, as applicable.

If an owner or a contractor retains a private provider for all required plans review and building inspection services, the local enforcement agency must reduce the total permit fee by at least 50 percent of the amount otherwise charged for such services.

TheThis surchargeparagraph requireddoes bynot s.prohibit a local enforcement agency from reducing its fees in excess of the percentages provided in this paragraph.

553.721(17) shall(b) beA calculatedlocal basedenforcement onagency, local building official, or local government may establish, for private providers, private provider firms, and duly authorized representatives working within that jurisdiction, a system of registration to verify compliance with the reducedlicensure permitrequirements fee.of paragraph (1)(o) (1)(n) and the insurance requirements of subsection (18).

ThisSection paragraph4. does not prohibit a local enforcement agency from reducing its Page 10 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

hb405-02-c2 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 CS/CS/HB 405 2026 fees in excess of the percentages provided in this paragraph.

Section 6.

Subsection (3) of section 497.271, Florida Statutes, is amended to read:

497.271 Standards for construction and significant alteration or renovation of mausoleums and columbaria.— (3) The licensing authority shall transmit the rules as adopted under subsection (2), referred to as the "mausoleum standards," to the Florida Building Commission, which shall initiate rulemaking under chapter 120 to consider such mausoleum standards.

If such mausoleum standards are not deemed acceptable, they must be returned by the Florida Building Commission to the licensing authority with details of changes needed to make them acceptable.

If such mausoleum standards are acceptable, the Florida Building Commission must adopt a rule designating the mausoleum standards as an approved revision to the State Minimum Building Codes under part IV of chapter 553.

When designated by the Florida Building Commission, such mausoleum standards shall become a required element of the State Minimum Building Codes under s.

553.73(2)(a) and shall be transmitted to each local enforcement agency, as defined in s.

553.71 s.

553.71(5).

Such local enforcement agency shall consider and inspect for compliance with such mausoleum standards as if they were part of the local building code, but shall have no continuing duty to inspect after final approval of the construction pursuant to the local building code.

Any Page 11 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

hb405-02-c2 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 CS/CS/HB 405 2026 further amendments to the mausoleum standards shall be accomplished by the same procedure.

Such designated mausoleum standards, as from time to time amended, shall be a part of the State Minimum Building Codes under s.

553.73 until the adoption and effective date of a new statewide uniform minimum building code, which may supersede the mausoleum standards as provided by the law enacting the new statewide uniform minimum building code.

Section 7.

Subsection (5) of section 553.902, Florida Statutes, is amended to read:

553.902 Definitions.—As used in this part, the term:

(5) "Local enforcement agency" means the agency of local government which has the authority to make inspections of buildings and to enforce the Florida Building Code.

The term includes any agency within the definition of s.

553.71(6) s.

553.71(5).

Section 8.

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