HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 579 Use of Private Providers for Plans Review and Inspection
SPONSOR(S): Griffitts
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) Appropriations Committee
3) Commerce Committee
SUMMARY ANALYSIS
Every local government must enforce the building code and issue building permits. Any construction work that
requires a building permit also requires plans to be examined by a local plans examiner, and buildings to be
inspected periodically by a local building official or inspector. Since 2002, Florida has allowed property owners
to hire licensed building code officials, engineers, and architects, that are not associated with the local
government, to review building plans, perform building inspections, and prepare certificates of completion, who
are referred to as “private providers.”
A local government may not charge a permit fee for building inspections when private providers are used, but
may charge any amount that is actually incurred by the local government’s building official related to the
permit. A building official may audit a private provider to ensure the private provider has performed their duties
appropriately and may deny a building permit or a certificate of completion or issue a stop work order if the
work approved by the private provider does not comply with the Florida Building Code in order to protect public
safety and welfare.
Upon receipt of a building permit application from a private provider, a building official has 20 business days to
grant or deny the permit.
The bill prohibits a local jurisdiction from conducting its own plans review for the project if a “fee owner” or the
“fee owner's” contractor retains a private provider for purposes of plans review.
The bill provides that if the local building official is notified that a private provider is being used for inspection
services, the local government may not send an inspector to the building or structure to conduct an inspection
and may not charge the owner or contractor a fee for inspection services.
The bill reduces the timeframe, from 20 days to 12 days, that the local government has to grant or deny a
permit for projects where a private provider, who is a licensed engineer or architect that affixes his or her
industry seal to the affidavit required for building plans.
The bill provides that, if the local jurisdiction does not reduce the permit fee for using private provider services,
a fee owner or the fee owner's contractor may file a complaint with the Department of Commerce against the
local jurisdiction for such failure and allows the Department of Commerce to assess fines.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum building 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 commission’s
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 seventh edition, which is referred to as the 2020 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 statutorily 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
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. 13, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 13, 2024).
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, Ab out the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 13, 2024).
6 S. 553.73(7)(a), F.S.
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 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 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 Any construction work that requires a building permit also requires the review of
building plans and inspections of the progress of work completed by the building official, inspector, or
plans examiner to ensure the work complies with the Building Code.10
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 government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.11 A building permit is not valid until
the fees for the permit have been paid.12
To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website.13 An application for a
permit must include building plans.14 A local enforcing agency may not issue a permit until the building
official or plans reviewer has reviewed the building plans and determined that they comply with the
Building Code.15
Use of Building Code Enforcement 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. 16 Such fees shall be used solely for carrying out
the local government’s responsibilities in enforcing the Building Code. 17 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. 18 Local
governments must post all building permit and inspection fee schedules on their website.19
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.20
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.21
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(2), F.S; § 202, FBC, Building, 7th Ed., (2020).
10 §§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020).
11 See ss. 125.56(4)(a) and 553.79(1), F.S.
12 § 109.1 , FBC, Building, 7th Ed., (2020).
13 Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
14 Ss. 468.603(8), and 553.79(2), F.S.
15 S. 553.79(2), F.S.
16 S. 553.80 F.S.
17 Id.
18 S. 553.80 (7)(a)1., F.S.
19 Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
20 S. 553.80(7)(a), F.S.
21 S. 553.721, F.S.
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 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.22
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.23
Building Permit Delays
Any delays in obtaining a building permit can delay the completion of a construction project. Delays in
the completion of a construction project may:24
 Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
 Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
 Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
 Result in delayed occupancy of a project, including single-family residences and multi-family
residences.
Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may:25
 Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
 Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue; and
 Encourage economic development by having an efficient permit system.
Building Officials, Inspectors, Plans Examiners
Building officials, inspectors, and plans examiners are regulated by the BCAIB within DBPR.26
A building code administrator, otherwise known as a building official, is a local government employee or
a person contracted by a local government who supervises building code activities, including plans
review, enforcement, and inspection.27
22 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suf fered 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 Indust ry Licensing Board for
review. s. 489.1401(2), F.S.
23 Ss. 468.631, and 553.721, F.S.
24 City of Austin Development Services Department, A Program for Expedited Permitting, http://austintexas.gov/sites/default/files/files/8-
9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 13, 2024); PricewaterhouseCoopers, The Economic Impact of
Accelerating Permit Processes on Local Development and Government Revenues, (Dec. 7, 2005).
25 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 13, 2024).
26 S. 468.605, F.S.
27 S. 468.603(2), F.S.
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 A building code inspector (inspector) inspects construction that requires permits to determine
compliance with the Building Code and state accessibility laws. Inspectors are divided into several
different categories. An inspector’s ability to practice is limited to the category or categories under
which the inspector has been licensed. The inspector categories are: 28
 Building inspector
 Coastal construction inspector
 Commercial electrical inspector
 Residential electrical inspector
 Mechanical inspector
 Plumbing inspector
 Residential inspector
 Electrical inspector
A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. The term includes a residential plans examiner who is qualified to determine that
plans submitted for building permits comply with the applicable residential building, plumbing,
mechanical, electrical, gas, energy, accessibility, and other applicable construction codes. A plans
examiner’s ability to practice is limited to the category or categories under which the plans examiner
has been licensed. The plans examiner categories are: 29
 Building plans examiner
 Plumbing plans examiner
 Mechanical plans examiner
 Electrical plans examiner
Professional Engineers
Professional engineers and related qualified business organizations are regulated by Ch. 471, F.S.,
and by the Florida Board of Professional Engineers under DBPR. 30
“Engineering” includes the term “professional engineering” and means any service or creative work, the
adequate performance of which requires engineering education, training, and experience in the
application of special knowledge of the mathematical, physical, and engineering sciences to such
services or creative work as consultation, investigation, evaluation, planning, and design of engineering
works and systems, planning the use of land and water, teaching of the principles and methods of
engineering design, engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with drawings and specifications, any of
which embraces such services or work, either public or private, in connection with any utilities,
structures, buildings, machines, equipment, processes, work systems, projects, and industrial or
consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature,
insofar as they involve safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of any engineering
services….”31
Architects
Architects and related qualified business organizations in the state are regulated by ch. 481, pt. I, F.S.,
and by the Board of Architecture and Interior Design under DBPR.
“Architecture services” means the rendering or offering to render services in connection with the design
and construction of a structure or group of structures which have as their principal purpose human
habitation or use,