*Red font in the legislation and regulation indicates changes from previous reporting

Florida – HB 447/ SB 902 (Building Permits)

Issue: Open and Closed Building Permits  

Affects:  Those who build pools/spas

Send comments to:  Jennifer Hatfield, jhatfield@apsp.org

Bill Summary: This bill relates to open and closed building permits and the authorization required for an open or expired permit to be closed on by or on behalf of the current property owner if certain requirements are met.

Additionally, provisions in the Florida Building Code authorizing permits to be administratively closed by the local enforcement agency are not applicable to a permit subject to regulation by an agency not specifically enforcing the Florida Building Code except where the local enforcement agency has regulatory authority over other areas related to the permit, such as zoning provisions.

This measure would also require all work needed to properly close an open or expired permit under the building permits section must be performed with the building code in effect on the date of the application that the open or expired permit was filed. The measure clarifies that, pursuant to the building code in effect when the work is performed, if the engineer or architect has sought and received approval from the local enforcement agencies for an alternative material, design, or method of construction this requirement is not necessary. 

If passed this will take effect October 1, 2019.  For any buildings permits issued after October 1, 2019, this measure would require the local enforcement agency to send a written notice to the property owner if a building permit has not been properly closed out within 1-3 years after issuance of any building permit.

Status:

  HB 447: This bill was signed by the Governor June 7, 2019 with an effective date of July 1, 2019.

          SB 902:  This bill was laid on the table May 2nd.    

HB 447: https://www.flsenate.gov/Session/Bill/2019/447/BillText/Filed/PDF

SB 902: http://www.flsenate.gov/Session/Bill/2019/902/BillText/Filed/PDF