Proposed House Bill Would Exempt Certain Work Below $7,500.00 and Certain Hurricane Preparedness Work from Permitting Requirements
HB 803 (2026) has passed both houses of the Florida Legislature, and if signed into law by the Governor, will make changes to a lot of statutes related to building permits and inspections. As part of those changes, the bill makes many amendments to 553.79, Florida Statutes, which governs permits, applications, and inspections. While the bill makes a number of small changes to 553.79, Florida Statutes, which can be viewed by clicking the link to the full bill text at the bottom of this article, the lengthier changes are described below.
553.79(1)(c), Florida Statutes, is amended to bring permit expirations in line with other changes to 125.56, Florida Statutes, (described in more detail here) as follows:
c) A local government that issues building permits may send a written notice of expiration, by e-mail or United States Postal Service, to the owner of the property and the contractor listed on the permit, no less than 30 days before a building permit is set to expire. The written notice must identify the permit that is set to expire and the date the permit will expire. A building permit issued by a local government for a single-family dwelling expires 1 year after the issuance of the permit or on the effective date of the next edition of the Florida Building Code, whichever is later. However, this paragraph does not prevent a local government from extending a building permit beyond the expiration date.
553.79(1)(f), is amended to limit inspection fees to the costs incurred by the local enforcement agency as follows:
(f) A local government may not require a contract between a builder and an owner, any copies of such contract, or any associated document, including, but not limited to, letters of intent, material costs lists, labor costs, or overhead or profit statements, for the issuance of a building permit or as a requirement for the submission of a building permit application. Inspection fees may not be based on the total cost of a project and may not exceed the actual inspection costs incurred by the local enforcement agency.
553.79(1)(g), Florida Statutes, is a new section and creates an exemption to permitting for certain work valued at less than $7,500.00, as follows:
(g)1. A local government that issues building permits shall exempt an owner of a single-family dwelling or the owner's contractor from the requirement to obtain a building permit to perform any work valued at less than $7,500 on the owner's property.
2. The exemption under subparagraph 1. does not apply to any of the following:
a. Work on a property that is partially or entirely located in a flood hazard area as defined by the Florida Building Code.
b. Any electrical, plumbing, structural, mechanical, or gas work performed on property containing a single-family dwelling. A construction project may not be divided into more than one project for the purpose of evading the requirements of this paragraph.
3. To qualify for the exemption under subparagraph 1., the owner or the owner's contractor must submit a written request for exemption to the local enforcement agency with a copy of the contract or other documentation demonstrating the nature and the value of the work to be performed.
4. A local government has no legal duty to the owner, contractor, or successors or assigns thereof for exempted work performed under this paragraph.
553.79(1)(h), Florida Statutes, is created to exempt from permitting certain temporary hurricane and flood protection walls or barriers, as follows:
(h)1. A local government that issues building permits shall exempt an owner of a single-family dwelling or the owner's contractor from the requirement to obtain a building permit for the installation of temporary residential hurricane and flood protection walls or barriers that meet all of the following conditions:
a. The wall or barrier is nonhabitable and non-load bearing.
b. The wall or barrier is installed on the residential property of a single-family or two-family dwelling or townhouse.
c. The wall or barrier is constructed to mitigate or prevent storm surge or floodwaters from entering a structure or property.
d. The wall or barrier is installed by a contractor licensed under part I of chapter 489.
e. The wall or barrier complies with applicable local zoning, drainage, easement, and setback requirements.
2. The exemption under subparagraph 1. does not apply to work on a property that is partially or entirely located in a flood hazard area as defined by the Florida Building Code.
3. To qualify for the exemption under subparagraph 1., the owner or the owner's contractor must submit a written request for exemption to the local enforcement agency with a copy of the contract or other documentation demonstrating the nature of the work to be performed.
4. A local government has no legal duty to the owner, contractor, or successors or assigns thereof for work performed under this paragraph.
5. The commission may adopt rules under s. 120.54 to incorporate necessary standards to implement this paragraph.
553.79(1)(i), Florida Statutes, is created to simplify the permitting process for retaining walls that affect more than one property as follows:
(i) If a retaining wall spans more than one lot or parcel, a local government that issues building permits must issue a permit for a retaining wall for the project as a whole and may not require a building permit for each lot or parcel upon which a retaining wall is installed on the property of a single-family or two-family residential dwelling or a townhouse.
Finally, 553.79(24)(a), Florida Statutes, is amended to add subparagraph three, which affects glazing requirements as follows:
(24)(a) A political subdivision of this state may not adopt or enforce any ordinance or impose any building permit or other development order requirement that:
3. Imposes a glazing requirement that results in the glazing of more than 15 percent of the surface area of the primary facade for the first 10 feet above the ground floor for a proposed new commercial or mixed-use construction or restoration project, except for individually listed contributing structures in a National Register of Historic Places district. For purposes of this subparagraph, the term:
a. "Glazing" means the installation of transparent or translucent materials, including glass or similar substances, in windows, doors, or storefronts. The term includes any actual or faux windows to be installed on a building facade.
b. "Primary facade" means the single building side housing the primary entrance to the building.
If signed by the Governor, these changes would take effect July 1, 2026. You can click here to view a full copy of HB 803 (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.
