The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 512
INTRODUCER: Rules Committee; Community Affairs Committee; and Senator Hooper
SUBJECT: Building Construction
DATE: April 25, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Fav/CS
2. Hunter Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 512 makes the following changes pertaining to the review and issuance of building
plans:
Prohibits a local government from making substantive changes to plans after a permit has
been issued unless such changes are required under the Florida Building Code or the Fire
Prevention Code.
Requires any changes a local government makes to plans after a permit has been issued to
identify the specific parts of the plan that do not conform to the applicable code in writing.
Requires a building official or inspector who asks another person or employee other than a
building official, plans examiner, or inspector to review the building plans to notify the local
government if such person or employee determines the plans do not comply with the Florida
Building Code.
Requires a local fire official to notify the permit applicant of specific reasons why plans do
not comply with the Fire Prevention Code.
Allows a plans examiner, inspector, building official, or fire safety inspector to have their
certificate disciplined for failure to notify the appropriate person of the reasons for making
substantive changes to building plans.
The bill provides an effective date of July 1, 2023.
BILL: CS/CS/SB 512 Page 2
II. Present Situation:
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a
minimum building code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local
codes did not work and a study was commissioned to make recommendations. In 1998, the
Legislature adopted the 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, 2002.1 The current edition of the Building Code is the seventh edition,
which is referred to as the 2020 Florida Building Code.2
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The Act
provides 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.3
The Florida Building Commission (Building Commission) implements the Building Code. The
Building Commission, which is housed within DBPR, 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.4
A local enforcement agency is an agency of local government with jurisdiction to make
inspections of buildings and to enforce the Building Code.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.6
A building code administrator, also 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
the Building Code and state accessibility laws. Inspectors are divided into several different
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available
at: http://www.floridabuilding.org/fbc/2006_Legislature_Rpt_rev2.pdf (last visited Apr. 25, 2023).
2
Florida Building Commission Homepage, available at https://floridabuilding.org/c/default.aspx (last visited Apr. 25, 2023).
3
See s. 553.72(1), F.S.
4
Sections 553.73, and 553.74, F.S.
5
Section 553.71(5), F.S.
6
See Ss. 120.569, 120.57(1)-(2), 468.605, 468.606, and 468.621, F.S.
7
Section 468.603(2), F.S.
BILL: CS/CS/SB 512 Page 3
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, also known as a plans reviewer, reviews plans submitted for building permits
to determine design compliance with the Building Code. 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.
The BCAIB may discipline building code administrators, plans examiners, and inspectors for
violations of the practice act, such as violating BCAIB or DBPR rules, and failing to properly
enforce applicable building codes or permit requirements.10 Types of discipline includes:11
Denial of an application for certification.
Permanent revocation.
Suspension of a certificate.
Fines.
Probation.
Florida Fire Prevention Code
Florida law designates the state’s Chief Financial Officer as the State Fire Marshal. The State
Fire Marshal, within the Department of Financial Services (DFS), is charged with enforcing laws
relating to fire safety, and has the responsibility to minimize the loss of life and property in this
state due to fire.12
The State Fire Marshal regulates, trains, and certifies fire service personnel and fire safety
inspectors; investigates the causes of fires; enforces arson laws; regulates the installation of fire
equipment; conducts fire safety inspections of state property; and operates the Florida State Fire
College.
8
Section 468.603(4) and (5), F.S.
9
Section 468.603(8), F.S.
10
Sections 468.601, 486.621, and 468.633, F.S.; see also R. 61G19-5.003, F.A.C.
11
Section 486.621, F.S.
12
Section 633.104, F.S.
BILL: CS/CS/SB 512 Page 4
The State Fire Marshal also adopts by rule the Fire Prevention Code, which contains all fire
safety laws and rules that pertain to the design, construction, erection, alteration, modification,
repair, and demolition of public and private buildings, structures, and facilities, and the
enforcement of such fire safety laws and rules13.
The State Fire Marshal adopts a new edition of the Fire Prevention Code every three years. 14
When adopting the Fire Prevention Code, the Fire Marshal is required to adopt the most current
version of the national fire and life safety standards set forth by the National Fire Protection
Association (NFPA), including the:15
NFPA’s Fire Code (1);
Life Safety Code (101); and
Guide on Alternative Approaches to Life Safety (101A).
The State Fire Marshal may modify the national fire safety and life safety standards as needed to
accommodate the specific needs of the state.16 The most recent Fire Prevention Code is the 7th
edition, which is referred to as the 2020 Florida Fire Prevention Code. The 7th edition of the Fire
Prevention Code took effect on December 31, 2020.17
State law requires all municipalities, counties, and special districts with fire safety
responsibilities to enforce the Fire Prevention Code as the minimum fire prevention code.18
These local enforcing authorities may adopt more stringent fire safety standards, subject to
certain requirements, but may not enact fire safety ordinances that conflict with other state law.19
Fire Safety Inspectors
Each county, municipality, and special district with fire safety enforcement responsibilities is
required to employ or contract with a fire safety inspector to conduct all fire safety inspections
required by law.20 A fire safety inspector is a person who is officially assigned the duties of
conducting fire safety inspections of buildings and facilities on a recurring or regular basis on
behalf of the state or any county, municipality, or special district with fire safety responsibilities.
Fire safety inspectors are certified and regulated by the State Fire Marshal and are separate from
building code administrators, inspectors, and plans examiners who are regulated by the
BCAIB.21
13
Chapter 69A-60, F.A.C.
14
Section 633.202, F.S.
15
Section 633.202(2), F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge
through more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by
partnering with others who share an interest in furthering the mission. NFPA, About NFPA, available at:
http://www.nfpa.org/about-nfpa (last visited on Apr. 25, 2023).
16
Id.
17
Division of State Fire Marshal, Florida Fire Prevention Code (FFPC), available at:
https://www.myfloridacfo.com/division/sfm/bfp/floridafirepreventioncodepage.htm (last visited Apr. 25, 2023).
18
Section 633.108 and 633.208, F.S.
19
Section 633.208 and 633.214(4), F.S.
20
Section 633.216(1), F.S.
21
Sections 633.102(12) and 633.216, F.S.
BILL: CS/CS/SB 512 Page 5
The State Fire Marshal may discipline fire safety inspectors by denying, refusing to renew,
suspending, or revoking their certificate if the State Fire Marshal finds that the fire safety
inspector has violated the practice act, including:22
Violating Fire Prevention laws or any rule or order of the State Fire Marshal, and
Failing to properly enforce applicable fire codes or permit requirements within this state
which the certificateholder knows are applicable by “committing willful misconduct, gross
negligence, gross misconduct, repeated negligence, or negligence resulting in a significant
danger to life or property.”
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.23 Every local government must enforce the Building Code and issue building permits.24
A building permit is an official document or certificate issued by the local building official that
authorizes performance of a specific activity.25 Any construction work that requires a building
permit also requires plan reviews and inspections by the building official, inspector, or plans
reviewer to ensure the work complies with the Building Code.26
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.27
A building permit is not valid until the fees for the permit have been paid.28
Building Plans
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.29 An application
for a permit must include building plans. Building plans are plans for construction, erection,
alteration, modification, repair, or demolition of any building or structure and must comply with
the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy,
accessibility, and other applicable construction codes in the Building Code. 30
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.31 When
the building official issues the permit, the building official must approve the plans by writing or
22
Section 633.216(5)(a)-(g), F.S.; see also, s. 633.106, F.S.
23
Section 553.72, F.S.
24
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
25
Sections 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
26
Sections 107, 110.1, and 110.3 of the Seventh edition of the Florida Building Code (Building).
27
Sections 125.56(4)(a) and 553.79(1), F.S.
28
Section 109.1 of the Seventh edition of the Florida Building Code (Building).
29
Section 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
30
Section 468.603(8), and 553.79(2), F.S.
31
Section 553.79(2), F.S.
BILL: CS/CS/SB 512 Page 6
stamping, “Reviewed for Code Compliance” on the plans. The local building official must keep
one set of plans and another set must be returned to the applicant, who must keep the set at the
work site.32
Fire Prevention Code Plans Review
With respect to fire inspections and review, building officials or plans reviewers do not review
building plans to determine if they comply with the Fire Prevention Code. If the building or
structure is subject to the Fire Prevention Code, the local fire safety official must also review the
building plans.33 A local enforcing agency may not issue the permit until the local fire safety
official has approved the plans. However, if the building or structure is not subject to the Fire
Prevention Code, the local enforcing agency may not require the local fire safety inspector to
review the plans.34
Changes to the Building Permit or Plans
Construction work must be done in accordance with the approved plans, and any changes made
during construction that are not in compliance with the approved plans must be resubmitted for
approval as an amended set of construction documents.35
If the local building official or plans reviewer finds that building plans do not comply with the
Building Code, the local building official or inspector must identify the specific plan features
that do not comply with the Building Code, identify the specific chapters and sections upon
which the finding is based, and provide this information to the local enforcing agency. The local
enforcing agency must provide this information to the permit applicant.36
Whenever a permit is denied or revoked because plans are found to not comply with the Building
Code, the local enforcing agency must identify the specific plan features that do not comply with
the applicable codes, identify the specific code chapters and sections upon which the finding is
based, and provide this information to the permit applicant.37 A plans reviewer or building
official who is responsible for issuing a denial, revocation, or modification request but fails to
provide to the permit applicant a reason for denying, revoking, or requesting a modification,
based on compliance with the Building Code, is subject to licensure disciplinary action.38
There is no similar requirement for fire safety officials or inspectors when they deny, revoke, or
modify plans based on the Fire Prevention Code. Current law is not clear on whether local
governments must notify permitholders about the specific reasons why the buildings plans do not
comply with the Building Code or the Fire Prevention Code if they make or require substantive
changes to building plans after the permit is issued.
32
Section 107.3.1 of the Seventh edit