HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 667 Building Inspections
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Regulatory Reform Subcommittee,
Mooney and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1382
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Brackett Anstead
2) Local Administration & Veterans Affairs 17 Y, 0 N, As CS Renner Miller
Subcommittee
3) Commerce Committee 22 Y, 0 N Brackett Hamon
SUMMARY ANALYSIS
The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Florida Building Code (Building Code) must be
applied, administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.
Current law requires local governments to enforce the Building Code and issue building permits. Current law
also requires state agencies, state universities, Florida College System institutions, and public school districts
to enforce the Building Code in certain situations. It is unlawful for a person or corporation to construct, alter,
repair, or demolish a building without obtaining a permit from the enforcing agency. Construction work that
requires a building permit also requires inspections to ensure the work complies with the Building Code.
The bill requires local enforcement agencies to allow requests for inspections to be submitted electronically.
Accepted methods of electronic submission include, but are not limited to:
 E-mail;
 An electronic fill-in form available on the building department’s website or a third-party submission
management software; or
 An application that can be downloaded on a mobile device.
The bill provides that a local enforcement agency must refund 10 percent of the permit and inspection fees if:
 The inspector or building official determines the work, which requires the permit, fails an inspection; and
 The inspector or building official fails to provide a reason that is based on compliance with the Building
Code, the Florida Fire Prevention Code, or local ordinance, indicating why the work failed the
inspection within 5 business days.
If any permit and inspection fees must be refunded, the surcharges for funding the Building Commission, the
Florida Building Code Administrators and Inspectors Board, and the Florida Homeowners’ Recovery Fund
must be recalculated based on the amount of the permit and inspection fees after the refund.
The bill clarifies that any government entity with authority to enforce the Building Code may perform virtual
inspections at the discretion of the government entity. However, a government entity may not perform a virtual
inspection for structural inspections on threshold buildings.
The bill defines “virtual inspection” as an inspection that uses visual or electronic aids to allow a building official
or inspector to perform an inspection without having to be physically present at the job site during the
inspection.
The bill may have an indeterminate fiscal impact on state and local government. 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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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum 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 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 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, 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.5
Building Code Administrators, Inspectors, and Plans Examiners
Building code administrators, inspectors, and plans examiners are regulated by the Building Code
Administrators and Inspectors Board (BCAIB) within DBPR. The BCAIB consists of nine members
appointed by the Governor and subjected to confirmation by the Senate. The BCAIB meets to approve
or deny applications for licensure, review disciplinary cases, and conduct informal hearings relating to
discipline.6
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.7
A building code inspector (inspector) is a local government employee or a person contracted by a local
government who inspects construction that requires permits to determine compliance with building
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
Ss. 553.73, and 553.74, F.S.
6
See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
7
S. 468.603(2), F.S.
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 codes and state accessibility laws. Inspectors are divided into several different categories. An
inspector’s ability to practice is limited to the category or categories for which the inspector has been
licensed. The inspector categories are:8
 Building inspector;
 Coastal construction inspector;
 Commercial electrical inspector;
 Residential electrical inspector;
 Mechanical inspector;
 Plumbing inspector;
 Residential inspector; and
 Electrical inspector.
A plans examiner reviews plans submitted for building permits to determine design compliance with the
Building Code. 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 for which the examiner is licensed. The plans
examiner categories are:9
 Building plans examiner;
 Plumbing plans examiner;
 Mechanical plans examiner; and
 Electrical plans examiner.
Enforcement of the Florida Building Code
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.10
Every local government must enforce the Building Code and issue building permits.11 A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity.12
Current law also provides that state agencies may enforce the Building Code if specifically authorized
to do so by law, unless they delegate that responsibility to another public entity.13 Current law provides
that:14
 The Department of Corrections and the Department of Juvenile Justice together with the
Department of Management Services (DMS), enforce the construction regulations relating to
correctional facilities under their jurisdiction.
 DMS enforces the construction regulations for the Governor’s Mansion and its grounds, the
Capitol, and the Capitol complex.
 DBPR enforces the construction regulations relating to elevator equipment under its jurisdiction.
 The Turnpike Enterprise, which is part of the Department of Transportation, enforces the
construction regulations for toll collection facilities under its jurisdiction.
 The Department of Children and Families (DCF) in conjunction with the Agency for Health Care
Administration (ACHA) enforces construction regulations relating to secure mental health
treatment facilities under DCF’s jurisdiction.
8
Ss. 468.603(4) and (5), F.S.
9
S. 468.603(8), F.S.
10
S. 553.72, F.S.
11
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
12
S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
13
Ss. 255.31(1), and 553.80(1), F.S.
14
Id.
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  AHCA also reviews plans and surveys for construction of hospitals, nursing homes, ambulatory
surgical centers, and Intermediate Care Facilities for the Developmentally Disabled.
Current law also requires state universities, Florida College System institutions, and public school
districts to enforce the Building Code for their building projects, including conducting plans review and
inspections. State universities, Florida College System institutions, and public school districts must use
or contract with licensed building officials, inspectors, and plans examiners, and may elect to use a
local government’s building department to review plans and perform inspections.15
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 or from such persons as may be
directed, by resolution or regulation, to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency.16
To obtain a permit an applicant must complete an application for the proposed work on the form
furnished by the government entity.17 A local enforcement agency that issues building permits must
post each type of building permit application on its website. A local enforcement agency must allow
applicants to submit permit applications electronically to the local enforcement agency, which must
provide accepted methods of electronic submission. Such methods include, but are not limited to:18
 E-mail submission of applications in PDF format;
 Submission of applications through an electronic fill-in form available on the building
department’s website; or
 Through a third-party submission management software.
A local enforcement agency is an agency of local government, a local school board, a community
college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the Building Code.19
Payments, attachments, or drawings required as part of the permit application may be submitted in
person in a nonelectronic format, at the discretion of the building official.20
If a building official or plans reviewer denies a permit application or revokes a building permit, the
building official or plans reviewer must give the permit applicant a reason for denying or revoking the
permit. The reason must be based on compliance with the Building Code or a local ordinance. Failing
to provide a reason for denying or revoking a building permit, which is based on compliance with the
Building Code or a local ordinance, is grounds for discipline against the building official or plans
reviewer’s license.21
Building Inspections
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections.22 Construction work may not be done beyond a certain point until it
15
S. 553.80(6), F.S.
16
See Ss. 125.56(4)(a) and 553.79(1), F.S.
17
Ss. 713.135(5) and (6), F.S.
18
Ss. 125.56(4)(b) and 553.79(1)(b), F.S.
19
S. 553.71(5), F.S.
20
Ss. 125.56(4)(b) and 553.79(1)(b), F.S.
21
Id.
22
S. 110 Seventh edition of the Florida Building Code (Building).
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 passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed.23
The Building Code requires the following inspections depending on the scope of the construction
work:24
 Building, including;
o Foundation.
o Framing.
o Sheathing.
o Exterior wall coverings.
o Roofing.
o Swimming pool.
o Demolition.
o Manufactured building.
o Impact-resistant coverings.
o Final inspection.
 Electrical;
 Plumbing;
 Mechanical;
 Gas;
 Lath, gypsum board, and gypsum panel product;
 Weather-exposed balcony and walking surface waterproofing;
 Fire- and smoke-resistant penetrations;
 Energy efficiency;
 Termites;
 Shoring; and
 Threshold.
In addition to the inspections required by the Building Code, a building official may require other
inspections of any construction work to ascertain compliance with the provisions of the Building Code
and other laws that are enforced by the government entity.25
Local Government Fees & Permits
Each government entity may provide a schedule of reasonable fees in order to defer the costs of
inspection and enforcement of the Building Code. The basis for a local government’s fee structure must
relate to the level of service provided by the local government. Fees charged must be consistently
applied. Each local government must post its permit and inspection fee schedule on its website.26
A local government’s permit and inspection fees must be used solely for carrying out that local
government entity’s responsibilities in enforcing the Building Code. This includes:27
 The direct costs and reasonable indirect costs associated with review of building plans, building
inspections, reinspections, and building permit processing;
 Building code enforcement;
 Fire inspections associated with new construction; and
 Training costs associated with the enforcement of the Building Code and enforcement action
pertaining to unlicensed contractor activity to the extent not f