SB 526 — Construction Regulations

553.8992, F.S.;

requiring the Florida Building Commission to incorporate into the Florida Building Code certain standards for all new construction commercial or residential pools by a specified date;

amending ss.

497.271 and 553.902, F.S.;

conforming cross- references;

Section 287.05702,255.0994, Florida Statutes, is created to read:

287.05702255.0994 Public constructionworks contractprojects; provisions barring delay or time extensions declared void.— (1) As used in this section, the term “awarding body” has the same meaning as in s.

287.05701(1).unenforceability of certain contract provisions regarding delays.— (1) As used in this section, the term:

(2)(a) A“Concurrent provisiondelays” containedmeans intwo a public construction contract which purports to waive, release, or extinguishmore theunrelated rights of a contractor to recover costs, damages, or equitable adjustments, or to obtain a time extension, for delays in performingthe suchcontractor’s contract,performance either on his or her own behalf or on behalf of a subcontractor,contract isfor voida andpublic unenforceableworks asproject againstwhich publichappen policyat if the delaysame istime caused, in whole or overlap in part,time, byeach acts or omissions of thewhich awardingon body, its agentsown orwould employees,have ordelayed anythe personcontractor’s actingperformance. on its behalf.

(3)(b) A“Governmental provisionentity” containedhas inthe asame publicmeaning constructionas contractin whichs. purports to deny or restrict a contractor’s right to a Page 2 of 9 CODING:

255.0993(1).

(c) “Public works project” has the same meaning as in s.

255.0992(1).

(2) Except as otherwise required by federal or state law, a governmental entity that contracts for a public works project may not take any of the following actions:

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Florida Senate - 2026 CS for SB 526 29-00337C-26585-02410-26 2026526__2026526c1 time(a) extensionEnforce forany acontract concurrentprovisions delaythat iswould voideliminate or limit the contractor’s right to receive compensation for damages and unenforceableincreased ascosts, againstequitable publicadjustments, policyor iftime extensions due to a delay in performance of the awardingcontract, bodyeither contributedon its own behalf or on behalf of a subcontractor or supplier, to the extent the delay throughwas caused in whole or in part by the acts or omissions of the awardinggovernmental body,entity itsor agentsof orany employees,agent, oremployee, anyor person acting on its behalf.

(4)(b) ThisEnforce sectionany maycontract notprovisions bethat construedwould eliminate or limit the contractor’s right to renderreceive voidtime extensions due to concurrent delays, either on its own behalf or unenforceableon behalf of a provisionsubcontractor or supplier, if at least one of athose publicdelays constructionwas contractcaused which:in whole or in part by the acts or omissions of the governmental entity or of any agent, employee, or person acting on its behalf.

(a)(3) RequiresThis noticesection may not be construed to render unenforceable a provision of anya delaycontract byfor thea partypublic claimingworks theproject delay;which:

(b)(a) AllowsRequires anthe awardingparty bodyclaiming to recover liquidated damages for a delay causedto bygive thenotice acts or omissions of the contractoracts or itsomissions subcontractors,giving agents,rise orto employees;the delay;

(b) Allows a governmental entity to recover liquidated damages for a delay if it was caused by the acts or omissions of the contractor or its subcontractors, agents, or employees;

(5)(4) If a contract for a public constructionworks contractproject contains a provision that is void and unenforceable under this section, the provision must be severed from the contract, and the remaining provisions must remain in full force and effect.

(6)Page This4 sectionof applies15 toCODING: all public construction contracts entered into on or after July 1, 2026.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 (5) This section applies to any contract for a public works project entered into on or after July 1, 2026.

Present subsections (1) through (12) of section 553.71, Florida Statutes, are redesignated 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.

553.789 Uniform commercial building permit application.— (1) TheBy commission,December in31, consultation2026, with the department,commission shall createadopt arules uniformpursuant commercialto buildingss. permit application.

The120.536(1) and 120.54 which establish uniform commercial building permit applicationacceptance must,standards atthat aidentify minimum,the requireinformation allrequired for acceptance of thea followingcommercial information:building permit application.

The standards must be used statewide by all enforcement agencies.

The standards must include, at a minimum, all of the following information:

(b) The name, license number, and contact information of Pagethe 3contractor, if known at the time of 9the CODING:application.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 526 29-00337C-26 2026526__ the contractor.

(e)Page A5 description of the15 constructionCODING: project, including whether the project is new construction or an alteration, an addition, or a repair.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 (e) A description of the construction project, including whether the project is new construction or an alteration, an addition, or a repair.

(h) The identification of any private provider serviceservices if used pursuant to s.

(2) The uniformcommission commercialshall buildingadopt permitrules applicationpursuant mustto bess. accepted statewide and may not be modified.

(3)120.536(1) Aand local120.54 enforcementwhich agencycreate mayadditional requiretrade-specific supplementalacceptance formsstandards for trades that are often present on a commercial construction projectsproject, basedincluding, onbut thenot scopelimited ofto, theelectric, project.HVAC, plumbing, and water and sewer.

The(3) useAn ofenforcement supplementalagency formsmust mayaccept nota expandcompleted application if it provides the applicableinformation timelinesset duringforth whichin plansthe mustuniform becommercial reviewedbuilding permit acceptance standards and permitsany mustother trade-specific acceptance standards that may be issued.adopted by the commission.

SupplementalHowever, formsan mustenforcement beagency standardizedmay andrequire usedsubmission statewide,of butadditional localdocumentation enforcementor agenciesplans mayreasonably notnecessary replacefor orthe alterapplicant to demonstrate compliance with the format,Florida content,Building Code or substanceapplicable oflocal theordinances uniformand commercialland buildingdevelopment permitcode. application.

SupplementalSection forms4. may be used for any of the following commercial construction projects:

Paragraph (a) High-riseof construction.subsection (5) and paragraph (a) of subsection (24) of section 553.79, Florida Statutes, are amended, and paragraph (g) is added to subsection (1) of that section, to read:

(b)553.79 HealthPermits; care facilities.

(c)applications; Industrial or warehouse facilities.

(d)issuance; Mixed-use occupancies.

inspections.— (1) (g) Permit fees imposed by a local enforcement agency must Page 46 of 915 CODING:

Florida Senate - 2026 CS for SB 526 29-00337C-26585-02410-26 2026526__2026526c1 (4)be Alimited localto enforcementthe agencyactual mayand requirereasonable additionalcosts documentationincurred orin plansreviewing, reasonablyprocessing, necessaryand toadministering demonstratethe compliancepermit withand themay Floridanot Buildingbe Codebased on industry standards, market rates, or localcomparable zoningretail ordinances.pricing.

Such additionalfees documentationmust orbe plansproportional mayto notthe alterwork theperformed format,in content,reviewing, orprocessing, substanceand ofadministering the uniformpermit. commercial building permit application.

(5)(5)(a) ADuring localnew enforcementconstruction or during repair or restoration projects in which the structural system or structural loading of a building is being modified, the enforcing agency shall allowrequire relevanta planspecial reviewsinspector to takeperform placestructural simultaneously.inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.

(6) The commissionstructural shallinspection publishplan onmust itsbe websitesubmitted and make available to alland localapproved enforcementby agenciesthe andenforcing applicantsagency before the uniformissuance commercialof a building permit applicationfor bythe Julyconstruction 1,of 2026.a threshold building.

SectionThe 3.purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents.

PresentThe paragraphsspecial (e)inspector throughmay (s)not ofserve subsection (1) of section 553.791, Florida Statutes, are redesignated as paragraphs (f) through (t), respectively, a newsurrogate paragraphin (e)carrying isout addedthe toresponsibilities that subsection, paragraph (d) is added to subsection (2) of thatthe section,building andofficial, paragraphthe (b)architect, ofor subsectionthe (17)engineer of thatrecord. section is amended, to read:

553.791The Alternativecontractor’s planscontractual reviewor andstatutory inspection.—obligations (1)are Asnot usedrelieved inby thisany section,action of the term:special inspector.

(e)The “Commercialspecial constructioninspector project”shall meansdetermine thethat construction,a alteration,professional orengineer repairwho ofspecializes ain buildingshoring ordesign structurehas thatinspected isthe primarilyshoring intendedand reshoring for business,conformance industrial,with institutional,the orshoring mercantile use and isreshoring notplans classifiedsubmitted asto residential under the Floridaenforcing Buildingagency. Code.

(2)A (d)fee Ifsimple antitle owner or a contractor retains a private provider for purposes of plans review or building inspection services for a commercialbuilding, constructionwhich project,does thenot localmeet enforcement agency must reduce the permitminimum feesize, byheight, atoccupancy, leastoccupancy 50classification, percentor ofnumber-of-stories the portion Page 57 of 915 CODING:

Florida Senate - 2026 CS for SB 526 29-00337C-26585-02410-26 2026526__2026526c1 ofcriteria thewhich permitwould feeresult attributablein toclassification plansas reviewa orthreshold building inspectionas services,defined asin applicable.s.

If553.71 anunder owners. 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.

If553.71(12), amay localdesignate enforcementsuch agencybuilding doesas nota reducethreshold itsbuilding, feessubject byto atmore leastthan the applicableminimum percentagenumber providedof ininspections thisrequired paragraph,by the localFlorida enforcementBuilding agencyCode. forfeits the ability to collect any fees for the commercial construction project.

(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 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 corporate branding identity on real property or improvements thereon used in activities conducted under chapter 526 or in carrying out business activities defined as a franchise by Federal Trade Commission regulations in 16 C.F.R.

ss.

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 Page 8 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 glazing of more than 15 percent of the surface area of the primary facade for the first 10 feet above the ground floor for a proposed new commercial or mixed-use construction or restoration project.

Such glazing requirements may not be imposed or enforced on any facade other than the primary facade, and such glazing requirements may not be imposed or enforced on any portion of the primary facade higher than the first 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.

The term includes any actual or faux windows to be installed to a building facade.

b.

“Primary facade” means the single building side housing the primary entrance to the building.

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 shall include the applicable reduction in the Page 9 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 permit fee on its schedule of fees which is posted on its website.

The local jurisdiction may not charge fees for building inspections or plans review services 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 the services covered by the administrative fees on its website.

(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.

If a local enforcement agency does not reduce its fees by at least the percentages provided in this paragraph, the local enforcement agency forfeits the ability to collect any fees for the commercial construction project.

The surcharge required by s.

553.721 must be calculated based on the reduced permit fee.

(17)Page (b)10 A local enforcement agency, 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 registration15 toCODING: verify compliance with the licensure requirements of paragraph (1)(o) (1)(n) and the insurance requirements of subsection (18).

SectionWords 4.stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 Section 6.

Section 553.8411, Florida Statutes, is created to read:

553.8411 Nonresidential buildings;

floodproofing.—A nonresidential structure constructed after July 1, 2026, which is located in a flood zone as designated by the Federal Emergency Management Agency must elevate its lowest floor above the required design flood elevation.

As an alternative to this requirement, a nonresidential structure may be designed and constructed below the required design flood elevation if all structural areas below the required design flood elevation are substantially impermeable to water and capable of resisting the effects of the regulatory floodplain, including, but not limited to, flow velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, buoyancy, and debris impact.

Section 7.

panel walls, exterior doors, roofing, skylights, windows, shutters, impact protective systems, mitigation,mitigation products, and structural components as established by the commission by rule.

A product may not be advertised, sold, Pageoffered, 6provided, ofdistributed, 9or CODING:marketed as hurricane, windstorm, or impact protection from wind-borne debris from a hurricane or windstorm unless it is approved pursuant to this section or s.

553.8425.

Any person who advertises, sells, offers, provides, distributes, or markets a Page 11 of 15 CODING:

Florida Senate - 2026 CS for SB 526 29-00337C-26585-02410-26 2026526__2026526c1 offered,product provided, distributed, or marketed as hurricane, windstorm, or impact protection from wind-bornewind- borne debris fromwithout asuch hurricaneapproval oris windstormsubject unlessto itthe isFlorida approvedDeceptive pursuantand toUnfair thisTrade sectionPractices orAct under part II of chapter 501 brought by the enforcing authority as defined in s.

553.8425.

Any person who advertises, sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection from wind-borne debris without such approval is subject to the Florida Deceptive and Unfair Trade Practices Act under part II of chapter 501 brought by the enforcing authority as defined in s.

A product evaluation report or a certification mark or listing of an approved certification agency which demonstrates that the product or method or system of construction complies with the Florida Building Code for the purpose intended is equivalent to Page 712 of 915 CODING:

Florida Senate - 2026 SBCS 526 29-00337C-26 2026526__ A product evaluation report or a certification mark or listing of an approved certification agency which demonstrates that the product or method or system of construction complies with the Florida Building Code for theSB purpose526 intended585-02410-26 is2026526c1 equivalent to a test report and test procedure referenced in the Florida Building Code.

A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity indicating that the product or method or system of construction was in compliance with the intent of the Florida Building Code and that the product or method or system of construction is, for the purpose Pageintended, 8at ofleast 9equivalent CODING:to that required by the Florida Building Code;

or 2.

A product evaluation report based upon testing or comparative or rational analysis, or a combination thereof, Page 13 of 15 CODING:

Florida Senate - 2026 CS for SB 526 29-00337C-26585-02410-26 2026526__2026526c1 developed and signed and sealed by a professional engineer or architect, licensed in this state, who certifies that the product or method or system of construction is, for the purpose intended, at least equivalent to that required by the Florida Building Code;Code.

orSection 2.8.

ASection product553.8992, evaluationFlorida reportStatutes, basedis uponcreated testing or comparative or rational analysis, or a combination thereof, developed and signed and sealed by a professional engineer or architect, licensed in this state, who certifies that the product or method or system of construction is, for the purpose intended, at least equivalent to thatread: required by the Florida Building Code.

Section553.8992 5.Incorporation of standards into the Florida Building Code.—By December 31, 2026, the Florida Building Commission shall incorporate into the Florida Building Code pursuant to s.

553.73(1) standards for the adoption of sections 680.26(B)(1) Conductive Pool Shells and 680.26(B)(2) Perimeter Surfaces of the 2026 Edition of the National Electrical Code for all new construction of commercial or residential pools.

Section 9.

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.

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Florida Senate - 2026 CS for SB 526 585-02410-26 2026526c1 When designated by the Florida Building Commission, such mausoleum standards must shall become a required element of the State Minimum Building Codes under s.

553.73(2)(a) and must 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 further amendments to the mausoleum standards must shall be accomplished by the same procedure.

Such designated mausoleum standards, as from time to time amended, must 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 10.

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 s.

553.71(5).

Section 11.

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