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Bill Summary Details

Florida Building Code (Watch)

CS/CS/HB 401 (Fetterhoff) and CS/CS/CS/SB 1146 (Brodeur) allow for substantially affected people to submit a petition to the Florida Building Commission for a nonbinding advisory opinion if a local government adopts a regulation or policy without following the process established in the Florida Building Code. The bills define a “substantially affected person” and the process for submitting the petition. The bills define the process for how the Commission must consider petitions, the length of time before the Commission must issue its nonbinding advisory opinion and where the opinion must be published. The bills allow for the Commission to make changes to the Florida Building Code to correct errors but only with a 75% vote of the Commission. A local government may not require a contract between a builder and an owner for the issuance of a building permit or as a requirement for the submission of a building permit application. CS/CS/CS/SB 1146 was substantially amended to allow private providers to perform in-person or virtual inspections and submit the completed inspection electronically. If an applicant chooses to use a private provider, the local government must reduce the permit fee by the amount of the cost savings to the local government for not having to perform the inspection. The bill was also amended to prohibit local governments from using preliminary maps issued by the Federal Emergency Management Agency for any law, ordinance, rule or other measure that has the effect of imposing land use changes. CS/CS/CS/SB 1146 was further amended to add the building design preemption language from CS/SB 284 (Perry); however, the amendment includes an exemption for cities with design review or architectural review boards. CS/CS/CS/SB 1146 was substituted for CS/CS/HB 401. CS/CS/HB 401 passed the House (118-0) and the Senate (38-1). (Taggart)