Florida HB 803 (2026): What the New Building Permit Law Actually Changes

On May 7, 2026, Governor Ron DeSantis signed CS/CS/HB 803 into law. The bill amends multiple sections of Florida Statutes relating to building permits, inspections, private providers, zoning for manufactured housing, and HOA architectural review. It takes effect July 1, 2026. This article breaks down every substantive provision in plain language.

The $7,500 Permit Exemption — and Why It Rarely Applies in South Florida

The most widely reported provision of HB 803 is the new exemption from building permit requirements for single-family residential work valued under $7,500. Under the new law, local governments must exempt homeowners and their contractors from the permit requirement for this work — but the exceptions are significant and will affect the vast majority of South Florida properties.

The exemption does not apply to any of the following: (1) work on a property that is partially or entirely located in a flood hazard area as defined by the Florida Building Code; (2) any electrical, plumbing, structural, mechanical, or gas work on a single-family dwelling, regardless of value. Additionally, a project may not be divided into multiple smaller projects to evade the threshold.

The flood hazard area exclusion is critical for South Florida. Miami-Dade, Broward, Palm Beach, Lee, Collier, and most coastal counties have large portions of their residential land mapped within FEMA Special Flood Hazard Areas (SFHAs). If any part of a property falls within a flood hazard area — even partially — the exemption does not apply. Homeowners should verify their flood zone status at the FEMA Flood Map Service Center before assuming the exemption covers their project.

To claim the exemption where it does apply, the owner or contractor must submit a written request to the local enforcement agency with a copy of the contract or documentation showing the nature and value of the work. The local government assumes no legal duty for exempted work.

Hurricane and Flood Protection Barriers — New Permit Exemption

HB 803 creates a separate permit exemption for the installation of temporary residential hurricane and flood protection walls or barriers on single-family and two-family dwellings and townhouses. To qualify, the barrier must be nonhabitable and non-load-bearing, installed on the residential property, designed to mitigate storm surge or floodwaters, installed by a licensed contractor under Chapter 489, and compliant with local zoning, drainage, easement, and setback requirements. This exemption also does not apply to properties in flood hazard areas.

Retaining Walls Spanning Multiple Lots

Under the new law, when a retaining wall spans more than one lot or parcel on a single-family or two-family residential property or townhouse, the local government must issue a single permit for the entire project. Local governments may no longer require a separate building permit for each individual lot or parcel the wall crosses.

Private Provider Reforms — The Most Impactful Change for Broward and Miami-Dade

Florida law has allowed licensed engineers and architects to serve as private providers — performing plans review and inspections in place of the local building department — since 2002. HB 803 significantly strengthens the private provider system in several ways that will accelerate project timelines, particularly in counties where the local building department has historically been slow.

Mandatory Permit Fee Reductions When Using a Private Provider

Under HB 803, local enforcement agencies must reduce permit fees by at least 25% when a private provider performs either plans review or inspections, and by at least 50% when a private provider performs both. If the local agency fails to issue a permit or provide a written notice of deficiencies within the prescribed timeframe after receiving a private provider affidavit, it forfeits the ability to collect any fees for that project. The surcharge required under s. 553.721 must be calculated based on the reduced fee amount.

Deemed-Approval Timelines

When a private provider submits a plans review affidavit, the local building official has 20 business days (or 5 business days for single-trade reviews on single-family or two-family dwellings) to either issue the permit or provide a written notice identifying specific code deficiencies with citations to the applicable code sections. If the local official fails to act within that window, the permit is deemed approved as a matter of law and must be issued the next business day. This deemed-approval mechanism is a significant enforcement tool that did not previously exist with the same clarity.

Virtual Inspections Cannot Be Prohibited

HB 803 explicitly prohibits local building officials from banning virtual inspections by private providers. Private providers may now perform inspections in person or virtually, and may conduct inspections outside normal business hours — including after hours, weekends, and holidays — without local approval. The local building official retains the right to visit the site to verify that required inspections are being performed.

Registration System for Private Providers

Local enforcement agencies must now create an electronic registration system for private providers and private provider firms. Agencies may not charge an administrative fee for registration or updates. Private providers must register before contracting to provide services in a jurisdiction and must update their registration within five business days of any change to contact information, licensure, or insurance coverage.

Prohibition on Discouraging Private Provider Use

HB 803 explicitly prohibits local enforcement agencies from discouraging the use of private providers. Local building officials may not fail inspections performed by private providers without documented cause, and may not require additional forms beyond those required at registration when a private provider is being used.

Uniform Statewide Building Permit Applications by July 1, 2027

The Florida Building Commission is required to adopt a uniform commercial building permit application and a uniform residential building permit application by July 1, 2027, for use statewide. The uniform applications must be capable of integration with existing local permit software systems and must account for local amendments to the Florida Building Code. This provision aims to eliminate the current patchwork of different application formats required by different counties and municipalities.

Permit Expiration for Single-Family Dwellings

Under HB 803, a building permit issued by either a county or a municipality for a single-family dwelling expires one year after issuance or on the effective date of the next edition of the Florida Building Code, whichever is later. Local governments may send written notice of expiration by email or USPS no less than 30 days before the permit expires. Local governments retain the ability to extend permits beyond the expiration date.

Prohibition on Contract Disclosure Requirements

Local governments may no longer require a copy of the contract between a builder and an owner, or any associated documents such as letters of intent, material cost lists, labor costs, or overhead and profit statements, as a condition of issuing a building permit or accepting a 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.

Offsite-Constructed Residential Dwellings — Zoning Parity

HB 803 creates a new section 553.385, F.S., requiring that offsite-constructed residential dwellings — manufactured buildings and manufactured homes treated as real property — be permitted as of right in any zoning district where single-family detached dwellings are allowed. Local governments may not treat these dwellings more restrictively than site-built single-family homes in the same district. Local governments may still apply generally applicable standards for roof pitch, square footage, exterior finishing materials, foundation enclosure, attached structures, setbacks, and lot dimensions — but only if those same standards apply equally to site-built homes in the same district. Any local ordinance that conflicts with this provision is void and unenforceable.

HOA Architectural Review — Permit No Longer a Prerequisite

HB 803 amends s. 720.3035, F.S., to prohibit homeowners associations and their architectural review committees from requiring a building permit as a prerequisite for conducting an architectural review of a proposed improvement. This change prevents HOAs from using the permit process as a gatekeeping mechanism to delay or block architectural review proceedings.

Emergency Certification by Endorsement

The bill creates a new section 468.634, F.S., allowing individuals to serve as building code inspectors, plans examiners, and related positions under the direction of a local building official for up to one year following a Governor's declaration of a state of emergency — provided the individual has entered into a state term contract, is qualified for such work in a state with a mutual aid agreement with Florida, or has held a valid license for the work in any state for the five years immediately preceding the declaration. This provision is designed to accelerate inspection capacity following natural disasters.

Effective Date and What to Do Now

HB 803 takes effect July 1, 2026. Contractors, developers, and homeowners in Florida should review their pending and upcoming projects against the new provisions before that date. Key action items include: verifying flood zone status before assuming the $7,500 exemption applies; understanding the new private provider fee reduction rights and deemed-approval timelines; and reviewing any HOA architectural review processes that currently require a permit as a prerequisite.

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