New Statute Alters Change of Occupancy Rules With Regard to Fire Protection and Suppression for Single and Two-Family Dwellings
SB 1452 (2026) was signed into law by Governor DeSantis on June 26, 2026. The bill makes changes to multiple statutes, but there is only one that directly affects Florida’s construction industry. SB 1452 (2026) creates a new subsection to 553.80, Florida Statutes, which governs enforcement under Florida’s Building Code Act. The new subsection, 553.80(11), Florida Statutes, reads as follows:
(11) For purposes of the design, construction, erection, alteration, fire protection, fire suppression, modification, repair, and demolition of a single-family or two-family dwelling, such dwelling does not have a change of occupancy as defined in the Florida Building Code solely due to its being used as or converted into a dwelling used:
(a) By a tax-exempt charitable organization under s. 501(c)(3) of the Internal Revenue Code whose stated corporate purpose relates to the support of people who are living with a mental health disorder, provided the dwelling has no fewer than two and no more than four bedrooms, is occupied by a group of or family of no more than six ambulatory adults living with a mental disorder, and has no more than two adults assigned to any 103 bedroom; or
(b) For residential migrant housing as defined in s. 381.008(8) which has a permit from the Department of Health pursuant to s. 381.0081.
The new subsection takes effect on June 26, 2026.
About the Author
Jason Lambert is a Florida Board Certified Construction Attorney and Partner in the Construction Industry Practice Group at Hill Ward Henderson, in Tampa, Florida. He is also the founder and chief contributor to the Hammer & Gavel construction law blog. Jason focuses his practice on representing contractors, subcontractors, and materials suppliers throughout the state of Florida. Before law school, Jason spent a decade working in the construction industry, primarily as a project manager and operations director for both new construction and remodeling. He can be reached at jason.lambert@hwhlaw.com or 813-227-8495.
