Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

Prior to the relocation to a site that has a higher design wind speed, modification, or change of occupancy of a manufactured building within the state, the manufacturer, dealer, or owner thereof may apply to the department for recertification of that manufactured building. The d…

The department shall enforce every provision of the Florida Building Code adopted pursuant hereto, except that local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, site development requirements, property line requirem…

(1) Before manufacturing buildings to be located within this state or selling manufactured buildings within this state, whichever occurs later, a manufacturer must be certified by the department. The department shall certify a manufacturer upon receipt from the manufacturer and a…

Notwithstanding any other law or ordinance to the contrary, in order to expand the availability of affordable housing in this state, any residential manufactured building that is certified under this chapter by the department may not be denied a building permit for placement on a…

1(1) As used in this section, the term:(a) “Local government” means a county or municipality.(b) “Off-site constructed residential dwelling” means:1. A manufactured building, as defined in s. 553.36, intended for single-family residential use; or2. A manufactured home, as defined…

The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel compliance with the requirements of this part or with the Florida Building Code or to enjoin the sale, delivery, or installation of a manufactured building, upon an aff…

Any person who violates any of the provisions of this part is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 5A, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; ss. 2, 3, ch. 81-…

(1) It is the purpose of this section to provide an alternative procedure for the construction and installation of factory-built school buildings designed or intended for use as school buildings. As used in this section, the term “factory-built school building” means any building…

Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale, use, or storage of liquefied petroleum gas, except that inspections made pursuant to chapter 527 shall be made at the place of manufacture.History.—s. 7, ch. 71-172; s. 1, ch. 74-208;…

Sections 553.501-553.513 may be cited as the “Florida Americans With Disabilities Accessibility Implementation Act.”History.—s. 1, ch. 93-183.

The purpose and intent of this part is to incorporate into the law of this state the accessibility requirements of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. ss. 12101 et seq., and to obtain and maintain United States Department of Justice certification of…

Subject to modifications under this part, the federal Americans with Disabilities Act Standards for Accessible Design, and related regulations provided in 28 C.F.R. parts 35 and 36 and 49 C.F.R. part 37, are hereby adopted and incorporated by reference as the law of this state an…

Notwithstanding the adoption of the Americans with Disabilities Act Standards for Accessible Design pursuant to s. 553.503, all buildings, structures, and facilities in this state must meet the following additional requirements if such requirements provide increased accessibility…

(1) This section is not intended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabilities Act and the federal Americans with Disabilities Act Standards for Accessible Design, including, but not limited to, the readily a…

Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by this part.History.—s. 1, ch. 93-183; s. 14, ch. 96-200; s. 4, ch. 97-76; s. 23, ch. 2001-186; s. 25, ch. 2011-222.

In addition to any other authority vested in the Florida Building Commission by law, the commission, in implementing this part, may, by rule, adopt revised and updated versions of the Americans with Disabilities Act Standards for Accessible Design in accordance with chapter 120.H…

This part applies to:(1) All areas of newly designed and newly constructed buildings and facilities as determined by the federal standards established and adopted pursuant to s. 553.503.(2) Portions of altered buildings and facilities as determined by the federal standards establ…

Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures, or facilities to which this act applies shall comply with ss. 553.501-553.513 unless compliance would render the removal not readily achievable. In no instance shall the removal of an …

(1) This part and the Americans with Disabilities Act Standards for Accessible Design do not relieve the owner of any building, structure, or facility governed by this part from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, r…

Every nonresidential structure built on or after January 1, 1991, which is designed to use covered or underground parking as the primary available parking space shall design the covered or underground parking facility to maintain a minimum height for the portion of the street-acc…

(1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not vio…

It shall be the responsibility of each local government and each code enforcement agency established pursuant to s. 553.80 to enforce the provisions of this part. This act expressly preempts the establishment of handicapped accessibility standards to the state and supersedes any …

Consistent with the federal implementation of the 2010 Americans with Disabilities Act Standards for Accessible Design, buildings and facilities in this state may be designed in conformity with the 2010 standards if the design also complies with Florida-specific requirements prov…

(1) For purposes of this section:(a) “Commerce” means travel, trade, traffic, commerce, transportation, or communication:1. Among the several states;2. Between any foreign country or any territory or possession and any state; or3. Between points in the same state but through anot…

This act may be cited as the “Trench Safety Act.”History.—s. 1, ch. 90-96.

The purpose and intent of this act is to provide for increased worker safety by requiring compliance with sufficient standards for trench safety.History.—s. 2, ch. 90-96.

The Occupational Safety and Health Administration’s excavation safety standards, 29 C.F.R. s. 1926.650 subpart P, are hereby incorporated as the state standard.History.—s. 3, ch. 90-96; s. 31, ch. 2011-213.

On all specific contracts for trench excavation in which such excavation will exceed a depth of 5 feet:(1) The contract bid submitted by the contractor who will perform such excavation shall include:(a) A reference to the trench safety standards that will be in effect during the …

The separate item identifying the cost of compliance with trench safety standards shall be based on the linear feet of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall …

This part shall be known and may be cited as the “Florida Building Codes Act.”History.—s. 1, ch. 74-167; s. 1, ch. 77-365.

As used in this part, the term:(1) “Commission” means the Florida Building Commission created by this part.(2) “Department” means the Department of Business and Professional Regulation.(3) “Housing code” means any code or rule intending postconstruction regulation of structures w…

(1) The purpose and intent of this act is to provide a mechanism for the uniform adoption, updating, amendment, interpretation, and enforcement of a single, unified state building code, to be called the Florida Building Code, which consists of a single set of documents that apply…

In order for the Department of Business and Professional Regulation to administer and carry out the purposes of this part and related activities, there is created a surcharge assessed at the rate of 1 percent of the permit fees associated with enforcement of the Florida Building …

(1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Building Code which shall contain or incorporate by reference all laws and rules which pertain to and govern the design, construction, erection, alteration, modification, repair, and dem…

(1) The Florida Building Commission is created and located within the Department of Business and Professional Regulation for administrative purposes. Members are appointed by the Governor subject to confirmation by the Senate. The commission is composed of 19 members, consisting …

(1) The commission shall meet on call of the secretary. The commission shall annually elect from its appointive members such officers as it may choose.(2) The commission shall meet at the call of its chair, at the request of a majority of its membership, at the request of the dep…

The commission is authorized to:(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.(2) Issue memoranda of procedure for its internal management and control. The commission may adopt rules related to its consensus-based decisionmaking pr…

(1) The commission shall:(a) Adopt and update the Florida Building Code or amendments thereto, pursuant to ss. 120.536(1) and 120.54.(b) By July 1, 2027, adopt by rule a uniform commercial building permit application to be used statewide for commercial construction projects and a…

(1) It is the intent of the Legislature that the Florida Building Code and the Florida Accessibility Code for Building Construction be interpreted by building officials, local enforcement agencies, and the commission in a manner that protects the public safety, health, and welfar…

(1) The Legislature finds that accountability for work performed by design professionals and contractors is the key to strong and consistent compliance with the Florida Building Code and, therefore, protection of the public health, safety, and welfare. The purpose of this section…

(1)(a) Unless otherwise provided by law, after the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within th…

(1) As used in this section, the term:(a) “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but does not include the applicable minimum fire prevention and firesafety codes adopted pursuant to chapter 633.(b) “Audit…

(1)(a) A local government must approve, approve with conditions, or deny a building permit application after receipt of a completed and sufficient application within the following timeframes, unless the applicant waives such timeframes in writing:1. Within 5 business days after r…

(1) A contractor must file a Uniform Fire Alarm Permit Application as provided in subsection (3) with the local enforcement agency and must receive the fire alarm permit before installing or replacing a fire alarm, if the local enforcement agency requires a plan review for the in…

Following a state of emergency declared pursuant to s. 252.36 for a natural emergency, local governments impacted by the emergency shall approve special processing procedures to expedite permit issuance for permits that do not require technical review, including, but not limited …

(1) As used in this section, the term:(a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489.(b) “Low-voltage alarm system…