HB 267 SB 684

HB 267 SB 684

CREATION OF THE BILL AND THE PROCESS

On March 6, 2024 the Florida Senate passed Senator DiCeglie‘s SB 684 with Amendment 505102 to the house bill.  A second amendment relating to health care proposed by Senator Gruters, was also passed.  However, Senator Gruters later withdrew his amendment, 804906.

March 7, 2024, Representative Esposito accepted Amendment 505102, and put House Bill 267 to the floor.  Bill 267 passed with flying colors.

PPAF’s lobbyist and Executive Director, Lisa Miller, had researched all of the bills in the house and senate to find ones that contained changes to the 553.791 Florida Statutes, affectionately known as “The Private Provider Statute.”  After working with both Senator (Nick) DiCeglie (R-Pinellas County) and Representative (Tiffany) Esposito (R-Fort Myers), Lisa connected Senator DiCeglie and Representative Esposito on the two bills to marry the bills together.  Typically to get a bill through to Governor DeSantis for signature, a bill must have both a Senate and House component.  Senate bills have even numbers, House bills have odd numbers.

For a section of law to be changed the Florida legislature requires that the proposed legislation include the particular section number in the bill. Congress on the other hand can amend/change any law by inserting changes into any bill regardless if the bill’s subject is the topic of the proposed law change or not.

The Florida Home Building Association (FHBA) and PPAF have similar interests.  Both organizations want to improve public safety, streamline permitting and inspections for contractors, owners, developers, private providers and the general public, and want to trim down the red tape were possible.   Board Members Dan Sinclair (Sinclair Construction), Tyson Scott (Coastal Code), and Al Wilson (FBCCA) reached out to the FHBA President, Garrett Anderson, who worked together with PPAF to get this bill through the Senate and House with the key amendments.   His CEO, Rusty Payton, was critical to getting this bill through.  Al and FBCCA also had other lobbyists and supporting developers working in the background.

Almost all PPAF member companies were built by retired Local Building Officials, Plan Reviewers and Inspectors for the counties and municipalities.  A special thank you to Board Member Rune Lero for utilizing his experiences as the Pasco County Building Official to suggest the audit procedures that he and Dan Sinclair wrote together, and were tweaked by Lisa Miller, the Senator‘s staff members, and the members of the Florida Association of Counties.

BILL SUMMARY

PPAF Additions

  • 2 pm notice dropped to notice with no timeline, with approximate date and time of inspection
  • Audit procedures must be spelled out
    • Building Departments must create audit procedures and make them public – online and in print
    • Building Departments must audit their own staff for 6 months and make the results public prior to auditing private providers
    • Audits are 4 times per year instead of 4 times per month
    • Notice must be provided in writing prior to auditing private providers
  • Definition of private provider changed from individual to a firm
  • NTBO can be signed by the fee owner or their contractor

FHBA Addition

  • Windows and doors in non-coastal areas no longer need to be impact resistant
  • Window and door replacements do not require drawings. This was already in the code.  However, since the building department at Bay County cannot seem to read code, the FHBA had it made more clear to them
Senator DiCeglie and Representative Esposito Core Bills
  • Permit timelines are dramatically shortened, some as short as 5 business days
  • 10 business days for permits when signed off by private provider, or permit is deemed issued.  Sealed drawings.  See below for details.
  • 12 business days for master planned permits, see details below
  • Requires building department to make themselves available for an in-person or virtual meeting at second kickback
  • Details
    • Requires a local government to approve, approve with conditions, or deny a complete and sufficient permit application within the following timeframes:
      • 30 business days for applicants using local government review for certain structures less than 7,500 square feet, previously set at 120 days;
      • 60 days for the following applicants using local government review, previously set at 120 days:
        • Certain structures more than 7,500 square feet,
        • Signs,
        • Nonresidential buildings that are less than 25,000 square feet;
        • Multifamily residential, not exceeding 50 units;
        • Site-plan approvals and subdivision plats not requiring public hearing or notice; and
        • Lot grading and site alteration.
      • 12 business days for applicants for a permit under an already-approved master plan permit, currently dependent on the local program, or 30 days for single-family residential dwellings;
      • 10 business days for applicants for a single-family residential dwelling for a property owner who participates in a Community Development Block Grant–Disaster Recovery program, previously set at 15 days; and
      • 10 business days for applicants using an engineer or architect private provider who affixes his or her professional seal, previously set at 120 days;
    • Requires a local government to determine if a building permit application is complete within 5 business days of receiving the application, previously set at 10 days.
    • Provides an exception to the fee reduction provision when a delay is caused by the applicant, by a force majeure, or other extraordinary circumstance.
    • Provides that completing an internship program for residential building inspectors is a pathway for licensure as a residential building inspector.
    • Provides that the Commission must review certain standards for unvented attics before December 31, 2024, and that certain standards will be effective related to such attics on July 1, 2025.

FINAL BILL AND ANALYSIS

The bill was ordered engrossed and enrolled.  However, it does not appear that the final bill is available yet at flsenate.gov.  You can find the bill here:  HB267_Final_3_12_2024_Dan-Sinclair

An analysis of the bill can be found by clicking here.

To contribute to PPAF and our efforts, click here.

Dan Sinclair, Sinclair Construction
Florida Licensed Building Inspector, State Certified General Contractor in 8 states plus by jurisdiction in Colorado, Florida Certified Roofing Contractor, ICC Certified Commercial Building Inspector, and holds a number of independent and manufacturer certifications. Dan has been in the construction industry since the 1970’s.

 

 

Florida Senate Bill 684 Passed

PPAF has been working on adding our priorities to Florida Senate Bill 684 which became House Bill 267.  We were already in love with both of these bills even before Senator DiCeglie and Representative Esposito added our priorities to their respective bills and combined their bills into one.  Senator DiCeglie had language in the bill that was great for the economy of the state, the general public, contractors, owners, builders, developers and insurance companies.  Representative Esposito had some phenomenal language that really helps streamline permitting and makes it a much more owner and public-friendly process.

Our priorities secured the intent of the private provider bill 553.791, which was to give the general public the option of hiring retired building officials, inspectors and plan reviewers that were the mentors of those currently in office, to offer their same services directly to the public.  The specific changes were to define audits, make the time frames reasonable for the public, define private provider firms, and generally take an unnecessary amount of red tape off of the general public.

This bill also included a section from the Florida Home Building Association which corrected the impact window and door requirements around the state to something that actually makes sense.

Details will follow in the coming days, along with a copy of the enrolled and engrossed bill once signed by Governor DeSantis.

PPAF and the customers of our members would like to thank Lisa Miller, Senator DiCeglie, Representative Esposito, and the FHBA for all of their efforts!

Dan Sinclair, Chairman and President, PPAF

President of  Sinclair Construction
Florida Licensed Building Inspector, State Certified General Contractor in 8 states, Florida Certified Roofing Contractor, ICC Certified Commercial Building Inspector, and holds a number of independent and manufacturer certifications. Dan has been in the construction industry since the 1970’s.

Job Sites: Do Permits Need to be Posted on Site?

Permits
Q. Can Local Building Officials or Code Enforcement require that permits be physically posted at a worksite?
A. No. Under Section 553.79(23), Florida Statutes electronic permits are permissible and there is no requirement for a physical posting on a worksite. The permit application, which is required to be submitted electronically, has been submitted by the private provider, owner or contractor and is in the building official’s office electronic system. An inspection cannot be failed or rejected as noncompliant for a lack of printed permit on site if the permit is available through that electronic system. Code enforcement may not shut down the worksite for failure to post a paper permit at the worksite.
Section 553.79(23), Florida Statutes specifically states “For the purpose of inspection or record retention, site plans or building permits may be maintained in the original form or the form of an electronic copy at the worksite.”
For purposes of this section of the Florida Statutes, “Worksite” includes any phone, laptop, tablet, or other electronic device that has the ability to access the electronic permit, with which the inspector can retrieve the permit electronically placing the permit “at the worksite”. This removes any requirement that contractor’s representative be on-site for the inspection, or provide the equipment to retrieve the permit as the document is contained in the inspector or code enforcement’s own systems.
Dan Sinclair, Sinclair Construction
Florida Licensed Building Inspector, State Certified General Contractor in 8 states, Florida Certified Roofing Contractor, ICC Certified Commercial Building Inspector, and holds a number of independent and manufacturer certifications. Dan has been in the construction industry since the 1970’s.

The Wise Decision: Utilizing a Private Building Inspector in Florida

The Wise Decision: Utilizing a Private Building Inspector in Florida

In the bustling world of real estate, particularly in a state like Florida, where construction and property development thrive, ensuring the integrity and safety of buildings is paramount. Whether you’re purchasing a new home or overseeing a commercial construction project, the role of a building inspector cannot be overstated. While some may rely solely on government-employed inspectors, there’s a compelling case for engaging a private building inspector in Florida. Let’s delve into why this decision is not just prudent but often the wisest course of action.

  1. Expertise and Specialization: Private building inspectors typically possess specialized knowledge and extensive experience in the construction industry. They often come from backgrounds such as architecture, engineering, or construction management, equipping them with a deeper understanding of building codes, regulations, and best practices. In Florida, where unique environmental factors like hurricanes and flooding pose specific challenges, having an inspector well-versed in local building requirements is invaluable. Private building inspectors are actually called Private Providers by the state of Florida.  Private Providers are typically retired Building Officials, government building inspectors, and government plan reviewers.  These very experienced retired officials typically hired, trained and mentored the current Local Building Officials and their staff.  The Private Providers went on to train further and gain more experience as they continued to work in many jurisdictions across the state.  To put it lightly, Private Providers are the masters.
  2. Dedicated Attention: Government-employed inspectors often have heavy workloads, responsible for inspecting numerous projects simultaneously. This can result in rushed inspections or limited attention to detail. Conversely, private inspectors are usually dedicated to a project, providing thorough inspections without the constraints of a bureaucratic schedule. This focused attention can uncover potential issues that might otherwise go unnoticed.
  3. Timeliness: Time is often of the essence in real estate transactions and construction projects. Private inspectors tend to offer more flexibility in scheduling inspections, potentially accelerating the process compared to waiting for an available slot with a government inspector. In a competitive market like Florida, where swift due diligence can make or break a deal, this can be a significant advantage.
  4. Objective Evaluation: While government inspectors are undoubtedly competent, there may be perceptions of bias or conflicts of interest, especially in regions where close relationships between developers and regulatory agencies exist. Engaging a private inspector helps ensure an impartial evaluation of the property’s condition, free from external pressures or influences.
  5. Comprehensive Reporting: Private inspectors often provide detailed, comprehensive reports that are tailored to the client’s needs. These reports go beyond mere compliance with regulations, offering insights into the structural integrity, potential hazards, and recommended maintenance strategies for the property. Such thorough documentation can be invaluable for negotiating repairs or adjustments during real estate transactions.
  6. Risk Mitigation: Investing in real estate inherently involves risks, and overlooking issues during inspections can lead to costly consequences down the line. Private building inspectors serve as a proactive risk management measure, identifying potential liabilities before they escalate into major problems. This foresight can save property owners, buyers, and investors significant financial and legal headaches.
  7. Peace of Mind: Ultimately, engaging a private building inspector in Florida provides peace of mind. Knowing that your property has undergone a rigorous examination by a qualified professional instills confidence in your investment decisions. Whether you’re buying, selling, or developing real estate, this assurance is invaluable in navigating the complexities of the market.

In conclusion, while government-employed building inspectors play a crucial role in upholding safety and compliance standards, opting for a private inspector in Florida offers distinct advantages. From expertise and dedication to timeliness and objectivity, the benefits of private inspections are manifold. In a dynamic and competitive real estate landscape like Florida’s, where every decision matters, choosing a private building inspector is not just a wise decision but often a strategic one.

 

Dan Sinclair, Sinclair Construction

Florida Licensed Building Inspector, State Certified General Contractor in 8 states, Florida Certified Roofing Contractor, ICC Certified Commercial Building Inspector, and holds a number of independent and manufacturer certifications. Dan has been in the construction industry since the 1970’s.

Inspector teaching contractor
Private Provider showing contractor where to fix code issues to pass this inspection, and all future inspections.