Bill Text: FL S0600 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electronic Filing of Construction Plans
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Economic Affairs Committee, companion bill(s) passed, see CS/HB 387 (Ch. [S0600 Detail]
Download: Florida-2012-S0600-Comm_Sub.html
Bill Title: Electronic Filing of Construction Plans
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Economic Affairs Committee, companion bill(s) passed, see CS/HB 387 (Ch. [S0600 Detail]
Download: Florida-2012-S0600-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 600 By the Committees on Regulated Industries; and Community Affairs; and Senator Bennett 580-02431-12 2012600c2 1 A bill to be entitled 2 An act relating to electronic filing of construction 3 plans; amending s. 468.604, F.S.; providing a 4 legislative finding; providing for certain documents 5 to be electronically signed and sealed by the licensee 6 and electronically transmitted to a building code 7 administrator or building official for approval; 8 amending s. 489.103, F.S.; providing an exemption from 9 construction contracting requirements for an owner who 10 installs, removes, or replaces solar panels on certain 11 residences while acting as the contractor; providing 12 for an electronic signature on the permit application; 13 requiring the building permit application and 14 disclosure statement to include a declaration 15 statement by the owner; providing that the issuing 16 authority is not liable in any civil action for 17 inaccurate information submitted by the owner using 18 the authority’s electronic permitting system; amending 19 s. 713.135, F.S.; providing that an owner or 20 contractor is not required to personally appear and 21 provide a notarized signature when filing a building 22 permit application for a solar project if certain 23 conditions are met; providing that the issuing 24 authority is not liable in any civil action for 25 inaccurate information submitted by the owner using 26 the authority’s electronic permitting system; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (4) is added to section 468.604, 32 Florida Statutes, to read: 33 468.604 Responsibilities of building code administrators, 34 plans examiners, and inspectors.— 35 (4) The Legislature finds that the electronic filing of 36 construction plans will increase governmental efficiency, reduce 37 costs, and increase timeliness of processing permits. If the 38 building code administrator or building official provides for 39 electronic filing, then construction plans, drawings, 40 specifications, reports, final documents, or documents prepared 41 or issued by a licensee may be dated and electronically signed 42 and sealed by the licensee in accordance with ss. 668.001 43 668.006, and transmitted electronically to the building code 44 administrator or building official for approval. 45 Section 2. Subsection (7) of section 489.103, Florida 46 Statutes, is amended to read: 47 489.103 Exemptions.—This part does not apply to: 48 (7)(a) Owners of property when acting as their own 49 contractor and providing direct, onsite supervision themselves 50 of all work not performed by licensed contractors: 51 1.(a)When building or improving farm outbuildings or one 52 family or two-family residences on such property for the 53 occupancy or use of such owners and not offered for sale or 54 lease, or building or improving commercial buildings, at a cost 55 not to exceed $75,000, on such property for the occupancy or use 56 of such owners and not offered for sale or lease. In an action 57 brought under this part, proof of the sale or lease, or offering 58 for sale or lease, of any such structure by the owner-builder 59 within 1 year after completion of same creates a presumption 60 that the construction was undertaken for purposes of sale or 61 lease. 62 2.(b)When repairing or replacing wood shakes or asphalt or 63 fiberglass shingles on one-family, two-family, or three-family 64 residences for the occupancy or use of such owner or tenant of 65 the owner and not offered for sale within 1 year after 66 completion of the work and when the property has been damaged by 67 natural causes from an event recognized as an emergency 68 situation designated by executive order issued by the Governor 69 declaring the existence of a state of emergency as a result and 70 consequence of a serious threat posed to the public health, 71 safety, and property in this state. 72 3. When installing, uninstalling, or replacing solar panels 73 on one-family, two-family, or three-family residences for the 74 occupancy or use of such owner or tenant of the owner. 75 (b) This subsection does not exempt any person who is 76 employed by or has a contract with such owner and who acts in 77 the capacity of a contractor. The owner may not delegate the 78 owner’s responsibility to directly supervise all work to any 79 other person unless that person is registered or certified under 80 this part and the work being performed is within the scope of 81 that person’s license. For the purposes of this subsection, the 82 term “owners of property” includes the owner of a mobile home 83 situated on a leased lot. 84 (c) To qualify for exemption under this subsection, an 85 owner must personally appear and sign the building permit 86 application and must satisfy local permitting agency 87 requirements, if any, proving that the owner has a complete 88 understanding of the owner’s obligations under the law as 89 specified in the disclosure statement in this section. An 90 owner’s notarized signature or personal appearance to sign the 91 permit application is not required for a solar project, as 92 described in subparagraph (a)3., if the building permit 93 application is submitted electronically to the permitting 94 authority and the owner certifies the application and disclosure 95 statement using the permitting authority’s electronic 96 confirmation system. If any person violates the requirements of 97 this subsection, the local permitting agency shall withhold 98 final approval, revoke the permit, or pursue any action or 99 remedy for unlicensed activity against the owner and any person 100 performing work that requires licensure under the permit issued. 101 The local permitting agency shall provide the person with a 102 disclosure statement in substantially the following form: 103 104 DISCLOSURE STATEMENT 105 106 1. I understand that state law requires construction 107 to be done by a licensed contractor and have applied 108 for an owner-builder permit under an exemption from 109 the law. The exemption specifies that I, as the owner 110 of the property listed, may act as my own contractor 111 with certain restrictions even though I do not have a 112 license. 113 114 2. I understand that building permits are not required 115 to be signed by a property owner unless he or she is 116 responsible for the construction and is not hiring a 117 licensed contractor to assume responsibility. 118 119 3. I understand that, as an owner-builder, I am the 120 responsible party of record on a permit. I understand 121 that I may protect myself from potential financial 122 risk by hiring a licensed contractor and having the 123 permit filed in his or her name instead of my own 124 name. I also understand that a contractor is required 125 by law to be licensed in Florida and to list his or 126 her license numbers on permits and contracts. 127 128 4. I understand that I may build or improve a one 129 family or two-family residence or a farm outbuilding. 130 I may also build or improve a commercial building if 131 the costs do not exceed $75,000. The building or 132 residence must be for my own use or occupancy. It may 133 not be built or substantially improved for sale or 134 lease. If a building or residence that I have built or 135 substantially improved myself is sold or leased within 136 1 year after the construction is complete, the law 137 will presume that I built or substantially improved it 138 for sale or lease, which violates the exemption. 139 140 5. I understand that, as the owner-builder, I must 141 provide direct, onsite supervision of the 142 construction. 143 144 6. I understand that I may not hire an unlicensed 145 person to act as my contractor or to supervise persons 146 working on my building or residence. It is my 147 responsibility to ensure that the persons whom I 148 employ have the licenses required by law and by county 149 or municipal ordinance. 150 151 7. I understand that it is a frequent practice of 152 unlicensed persons to have the property owner obtain 153 an owner-builder permit that erroneously implies that 154 the property owner is providing his or her own labor 155 and materials. I, as an owner-builder, may be held 156 liable and subjected to serious financial risk for any 157 injuries sustained by an unlicensed person or his or 158 her employees while working on my property. My 159 homeowner’s insurance may not provide coverage for 160 those injuries. I am willfully acting as an owner 161 builder and am aware of the limits of my insurance 162 coverage for injuries to workers on my property. 163 164 8. I understand that I may not delegate the 165 responsibility for supervising work to a licensed 166 contractor who is not licensed to perform the work 167 being done. Any person working on my building who is 168 not licensed must work under my direct supervision and 169 must be employed by me, which means that I must comply 170 with laws requiring the withholding of federal income 171 tax and social security contributions under the 172 Federal Insurance Contributions Act (FICA) and must 173 provide workers’ compensation for the employee. I 174 understand that my failure to follow these laws may 175 subject me to serious financial risk. 176 177 9. I agree that, as the party legally and financially 178 responsible for this proposed construction activity, I 179 will abide by all applicable laws and requirements 180 that govern owner-builders as well as employers. I 181 also understand that the construction must comply with 182 all applicable laws, ordinances, building codes, and 183 zoning regulations. 184 185 10. I understand that I may obtain more information 186 regarding my obligations as an employer from the 187 Internal Revenue Service, the United States Small 188 Business Administration, the Florida Department of 189 Financial Services, and the Florida Department of 190 Revenue. I also understand that I may contact the 191 Florida Construction Industry Licensing Board at 192 ...(telephone number)... or ...(Internet website 193 address)... for more information about licensed 194 contractors. 195 196 11. I am aware of, and consent to, an owner-builder 197 building permit applied for in my name and understand 198 that I am the party legally and financially 199 responsible for the proposed construction activity at 200 the following address: ...(address of property).... 201 202 12. I agree to notify ...(issuer of disclosure 203 statements)... immediately of any additions, 204 deletions, or changes to any of the information that I 205 have provided on this disclosure. 206 207 Licensed contractors are regulated by laws designed to 208 protect the public. If you contract with a person who 209 does not have a license, the Construction Industry 210 Licensing Board and Department of Business and 211 Professional Regulation may be unable to assist you 212 with any financial loss that you sustain as a result 213 of a complaint. Your only remedy against an unlicensed 214 contractor may be in civil court. It is also important 215 for you to understand that, if an unlicensed 216 contractor or employee of an individual or firm is 217 injured while working on your property, you may be 218 held liable for damages. If you obtain an owner 219 builder permit and wish to hire a licensed contractor, 220 you will be responsible for verifying whether the 221 contractor is properly licensed and the status of the 222 contractor’s workers’ compensation coverage. 223 224 Before a building permit can be issued, this 225 disclosure statement must be completed and signed by 226 the property owner and returned to the local 227 permitting agency responsible for issuing the permit. 228 A copy of the property owner’s driver license, the 229 notarized signature of the property owner, or other 230 type of verification acceptable to the local 231 permitting agency is required when the permit is 232 issued. 233 234 Signature: ...(signature of property owner).... 235 Date: ...(date).... 236 237 (d) A building permit application and disclosure statement 238 electronically submitted by an owner to the authority for a 239 solar project, as described in subparagraph (a)3., must also 240 contain the following additional statement: 241 242 OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty 243 of perjury, I declare that all the information 244 contained in this building permit application and the 245 representations made in the required disclosure 246 statement are true and correct. 247 248 (e) A permitting authority that accepts a building permit 249 application and disclosure statement in an electronic format 250 from an owner who is exempt pursuant to this subsection and who 251 applies for a permit relating to a solar project, as described 252 in subparagraph (a)3., is not liable in any civil action for 253 inaccurate information submitted by the owner using the 254 authority’s electronic confirmation system. 255 Section 3. Paragraph (b) of subsection (6) of section 256 713.135, Florida Statutes, is amended, and paragraph (d) is 257 added to that subsection, to read: 258 713.135 Notice of commencement and applicability of lien.— 259 (6) 260 (b)1. Consistent with the requirements of paragraph (a), an 261 authority responsible for issuing building permits under this 262 section may accept a building permit application in an 263 electronic format, as prescribed by the authority. Building 264 permit applications submitted to the authority electronically 265 must contain the following additional statement in lieu of the 266 requirement in paragraph (a) that a signed, sworn, and notarized 267 signature of the owner or agent and the contractor be part of 268 the owner’s affidavit: 269 270 OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty 271 of perjury, I declare that all the information 272 contained in this building permit application is true 273 and correct. 274 275 2. An owner or contractor is not required to personally 276 appear and provide a notarized signature when filing a building 277 permit application for a solar project if the building permit 278 application is electronically submitted to the permitting 279 authority and the owner or contractor certifies that the 280 application is consistent with this paragraph using the 281 permitting authority’s electronic confirmation system. For 282 purposes of this subparagraph, the term “solar project” means 283 installing, uninstalling, or replacing solar panels on single 284 family residential property, multifamily residential property, 285 or commercial property. 286 (d) An authority responsible for issuing building permits 287 which accepts building permit applications in an electronic 288 format for solar projects, as defined in subparagraph (b)2., is 289 not liable in any civil action for inaccurate information 290 submitted by an owner or contractor using the authority’s 291 electronic confirmation system. 292 Section 4. This act shall take effect July 1, 2012.