HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 401 Florida Building Code
SPONSOR(S): Commerce Committee, Regulatory Reform Subcommittee, Fetterhoff, Overdorf and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 18 Y, 0 N, As CS Brackett Anstead
2) Local Administration & Veterans Affairs 14 Y, 0 N Renner Miller
Subcommittee
3) Commerce Committee 21 Y, 0 N, As CS Brackett Hamon
SUMMARY ANALYSIS
The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation (DBPR), implements and adopts the Florida Building Code. The Building Code is the statewide
building code for all construction in the state. Every local government must enforce the Building Code and
issue building permits. The Commission adopts a new edition of the Building Code every three years.
The Commission and local governments may adopt amendments to the Building Code provided they follow the
requirements in current law. Local amendments to the Building Code expire when the newest edition of the
Building Code takes effect. Current law also requires the Commission to develop and implement an approval of
products for statewide use.
The bill:
Allows a substantially affected person to petition the Commission for a non-binding advisory opinion on
whether a local government regulation is an improper amendment to the Building Code, and
establishes a process for such petitions;
Allows the Commission to issue an “errata to the code” to list demonstrated errors in provisions
contained within the Building Code;
Requires the Commission to adopt rules for approving product evaluation entities in addition to the
ones already listed and approved in current law;
Clarifies that the Commission may suspend product evaluation entities;
Clarifies that local government entities may use private providers for their own construction projects;
Provides that a local government may use excess funds generated by Building Code enforcement for
the construction of a building or structure that houses the local government’s building department or
provides training programs for building officials, inspectors, or plans examiners;
Provides that excess funds used to construct such a building or structure must be designated for such
purpose by the local government and may not be carried forward for more than four years; and
Prohibits a local government from requiring a contract between a builder and an owner as a condition to
apply for or obtain a building permit.
The bill may have an insignificant negative fiscal impact on DBPR and an indeterminate fiscal impact on local
governments. See Fiscal Comments.
The bill provides for an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/14/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
The Florida Building Code and Florida Building Commission – Current Situation
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code ensuring 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 built allegedly 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 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
Ch. 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 main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects.5
The Florida Building Commission
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.6
The Commission reviews several International Codes published by the International Code Council, 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.7
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC.8 TACs are made up of Commission members and other parties who
advise the Commission on declaratory statements, proposed amendments, and any other areas of
interest of the Commission.9
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 Feb. 15, 2021).
2 Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 26, 2021).
4 See s. 553.72(1), F.S.
5 Florida Building Commission, Advanced Florida Building Code Principals, http://www.floridabuilding.org/Upload/Courses_trp/421-2-
MATERIAL-Adv%20FL%20Bldg%20Code%20-%20Course%20PDF%20version%207.0.pdf (last visited Feb. 26, 2021).
6 Ss. 553.73, and 553.74, F.S.
7 Id.
8 DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c_commission.aspx (last visited Feb. 26, 2021).
9 S. 553.73(3), F.S.; Rule 61G20-2.001, F.A.C.
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Local Enforcement of the Florida Building Code
The Legislature has authorized local governments to inspect all buildings, structures, and facilities
within their jurisdictions to protect the public’s health, safety, and welfare.10
Every local government must enforce the Building Code and issue building permits.11 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency 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.12
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.13 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection to ensure work complies with the Building Code.14
Amendments to the Building Code
The Commission and local governments may adopt technical and administrative amendments to the
Building Code. A technical amendment to the Building Code is an alteration to the prescriptive
requirements or reference standards for construction. An administrative amendment is an addition or
alteration of the code enforcement requirements of the Building Code.15 All amendments adopted by
the Commission require a 75 percent supermajority vote of approval.16
The Commission may approve technical amendments to the Building Code once each year for
statewide or regional application upon a finding that the amendment:17
Is needed in order to accommodate the specific needs of the state;
Has a reasonable and substantial connection with the health, safety, and welfare of the general
public;
Strengthens or improves the Building Code, or in the case of innovation or new technology, will
provide equivalent or better products or methods or systems of construction;
Does not discriminate against materials, products, methods, or systems of construction of
demonstrated capabilities; and
Does not degrade the effectiveness of the Building Code.
In order to adopt a technical amendment to the Building Code the Commission must meet the following
requirements:18
The proposed amendment has been published on the Commission’s website for a minimum of
45 days and all the associated documentation has been made available to any interested party
before any consideration by a TAC;
The proposed amendment includes a fiscal impact statement that documents the costs and
benefits of the proposed amendment.
In order for a TAC to make a favorable recommendation to the Commission, the proposal must
receive a three-fourths vote of the members present at the TAC meeting and at least half of the
regular members must be present in order to conduct a meeting;
10 S. 553.72, F.S.
11 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
12 See ss. 125.56(4)(a) and 553.79(1), F.S.
13 S. 202 of the Building Code (Building), Sixth Edition.
14 S. 468.603(2), F.S.
15 S. 553.73, F.S.; Rule 61G20-2.002, F.A.C.
16 Rule 61G20-2.002(13), F.A.C.
17 S. 553.73(9), F.S.
18 Ss. 553.73(3) and (9), F.S.
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After a TAC consideration and recommendation for approval of any proposed amendment, the
proposal must be published on the Commission’s website for at least 45 days before any
consideration by the Commission; and
A proposal may be modified by the Commission based on public testimony and evidence from a
public hearing held in accordance with ch. 120, F.S.
Adopted amendments to the foundation codes must be clearly marked in printed versions of the
Building Code to make readily apparent the fact that the provisions are Florida-specific amendments.19
However, the Commission may adopt certain amendments at any time and only has to follow the rule
adoption procedures in the Administrative Procedure Code.20 The Commission may adopt amendments
using the rule adoption procedure to address the following:21
Conflicts within the updated code;
Conflicts between the updated code and the Florida Fire Prevention Code;
Unintended results from the integration of previously adopted Florida-specific amendments with
the model code;
Equivalency of standards;
Changes to or inconsistencies with federal or state law;
Adoption of an updated edition of the NEC if the Commission finds that delay of implementing
the updated edition causes undue hardship to stakeholders or otherwise threatens the public
health, safety, and welfare; or
Enhancement of the construction requirements relating to wind resistance or the prevention of
water intrusion.
Local Amendments to the Building Code
Local governments may adopt amendments to the Building Code that are more stringent than the
Building Code, which are limited to the local government’s jurisdiction. Amendments by local
governments expire upon the adoption of the newest edition of the Building Code, and, thus, the local
government must go through the amendment process every three years in order to maintain a local
amendment to the Building Code.22
Current law allows local governments to adopt technical amendments to the Building Code every six
months if:23
The local government’s governing body holds a public hearing to discuss the amendment,
which has been advertised in a newspaper of general circulation at least 10 days before the
meeting;
Following the hearing, the governing body determines that an amendment is needed to address
a local need that is not addressed by the Building Code;
The amendment is no more stringent than necessary to address the local need;
The local amendment is not discriminatory against materials, products, or construction
techniques of demonstrated capabilities;
The local amendment does not introduce a new subject that is not addressed by the Building
Code;
The local amendment includes a fiscal impact statement which documents the costs and
benefits of the amendment including the impact to local government, property and building
owners, industry, and the cost of compliance; and
The local government sends the amendment to the Commission.
19 s. 553.73(7), F.S.
20 Ch. 120, F.S.
21 See ss. 120.536, 120.54, 120.541, and 553.73(8), F.S.; Rule 61G20-2.002(2), F.A.C.
22 S. 553.73(4), F.S.
23 Id.
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A technical amendment adopted by a local government takes effect 30 days after the Commission
receives the amendment and publishes the amendment on its website.24
The Commission may review local amendments and issue nonbinding recommendations to local
governments about whether the local government complied with the requirements to adopt an
amendment. If the Commission decides to review a local amendment it must send the amendment to
the applicable TAC for review.25 The TAC must make a recommendation to the Commission about
whether the local amendment complies with the requirements of current law. The Commission must
provide the nonbinding recommendation to the local government within 30 days of adopting the
recommendation.26
Each county and municipality that adopts technical amendments to the Building Code must establish a
countywide compliance review board by interlocal agreement. The compliance review board reviews
any amendment adopted by a local government in its county that is challenged by a substantially
affected party in order to determine if the amendment has been adopted in accordance with the
requirements of current law.27
A local government or the substantially affected party may appeal the compliance review board’s
decision to the Commission within 14 days of the board’s decision. The Commission must refer the
appeal to the Division of Administrative Hearings for a hearing by an administrative law judge. The
administrative law judge must hold a hearing within 30 days of being assigned the appeal, and must
enter a recommended order within 30 days of the conclusion of the hearing.28
The Commission must enter a final order within 30 days after the administrative law judge issues a
recommended order. In proceedings before a compliance review board or the Commission, the local
government has the burden to prove an amendment has been adopted in accordance with the
requirements of current law.29
Interpretations of the Building Code
The Commission may issue declaratory statements regarding interpretations of the Building Code,
review local building officials’ interpretation of the Building Code, and give binding interpretations of the
Building Code.30
A substantially affected person, state agency, or a local government may petition the Commission in
writing for a declaratory statement relating to interpretations of the Building Code, or the enforcement or
administration of the Building Code by local governments. The Commission must issue a declaratory
statement or deny a petition within 90 days of receiving the petition. Declaratory statements are binding
upon all jurisdicti