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Florida Statute 468.604 | Lawyer Caselaw & Research
F.S. 468.604 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
F.S. 468.604
468.604 Responsibilities of building code administrators, plans examiners, and inspectors.
(1) It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems within the boundaries of their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. The building code administrator or building official shall faithfully perform these responsibilities without interference from any person. These responsibilities include:
(a) The review of construction plans to ensure compliance with all applicable sections of the code. The construction plans must be reviewed before the issuance of any building, system installation, or other construction permit. The review of construction plans must be done by the building code administrator or building official or by a person having the appropriate plans examiner license issued under this chapter.
(b) The inspection of each phase of construction where a building or other construction permit has been issued. The building code administrator or building official, or a person having the appropriate building code inspector license issued under this chapter, shall inspect the construction or installation to ensure that the work is performed in accordance with applicable sections of the code.
(2) It is the responsibility of the building code inspector to conduct inspections of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. Each building code inspector must be licensed in the appropriate category as defined in s. 468.603. The building code inspector’s responsibilities must be performed under the direction of the building code administrator or building official without interference from any unlicensed person.
(3) It is the responsibility of the plans examiner to conduct review of construction plans submitted in the permit application to assure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. The review of construction plans must be done by the building code administrator or building official or by a person licensed in the appropriate plans examiner category as defined in s. 468.603. The plans examiner’s responsibilities must be performed under the supervision and authority of the building code administrator or building official without interference from any unlicensed person.
(4) The Legislature finds that the electronic filing of construction plans will increase governmental efficiency, reduce costs, and increase timeliness of processing permits. If the building code administrator or building official provides for electronic filing, then construction plans, drawings, specifications, reports, final documents, or documents prepared or issued by a licensee may be dated and electronically signed and sealed by the licensee in accordance with ss. 668.001-668.006, and may be transmitted electronically to the building code administrator or building official for approval.
History.s. 2, ch. 98-419; s. 32, ch. 2000-141; s. 13, ch. 2000-372; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 4, ch. 2012-13; s. 1, ch. 2012-58.

F.S. 468.604 on Google Scholar

F.S. 468.604 on Casetext

Amendments to 468.604


Arrestable Offenses / Crimes under Fla. Stat. 468.604
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 468.604.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Let's start with the obvious: Gonzalez is not a final policymaker under Florida law. Why? Because Gonzalez's decisions are subject to at least three levels of meaningful review: first, by the Chief Building Official, see FLA. STAT. § 468.604( 1) ("It is the responsibility of the ... building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction[.]"); then by BORA, see FLORIDA BUILDING CODE : BROWARD COUNTY AMENDMENTS § 113.9.1 (2018) ("The Board shall hear all appeals from the decisions of the Building Official, Assistant Building Official or Chief Inspector[.]"); and finally by the Florida Building Commission, see id. § 113.14.1 (noting that "[a]ny person aggrieved by a decision of BORA ... may file an appeal" with the "Florida Building Commission"). The Florida Supreme Court, in fact, has come to this same conclusion in a case that's almost identical to ours. See Raben-Pastal v. City of Coconut Creek , 573 So. 2d 298, 302 (Fla. 1990). In that case, the "chief building official" of the City of Coconut Creek halted the development of a residential real-estate project by issuing an "official stop-work order pending…
  2. Plaintiff argues that Defendant acted in excess of authority because under Florida law, the evaluation of building permits are the exclusive domain of "building officials," but to demonstrate this he cites only to Florida Statutes, Section 468.604 (2002), which outlines the duties of building code inspectors. Plaintiff points out that the statute requires that building officials perform their responsibilities "without interference from any person." This hardly establishes that Defendant was acting beyond his delegated authority, particularly given that he only made recommendations to building officials regarding the permits. Plaintiff also asserts that, because Defendant participated in the state legal proceedings as the county's designated representative, this somehow evidenced that he was he was the true force behind the denial of the permits, which again was in excess of his authority. However, this assertion does no more than suggest that the County delegated to him this particular duty, perhaps because of his knowledge of the case. It certainly does not show in and of itself that Defendant had any greater role or influence than that which was already described.
    PAGE 1289

    Cases from cite.case.law:

    HENRY COMPANY HOMES, INC. v. A. CURB,, 548 F. Supp. 2d 1281 (N.D. Fla. 2008)

    . . . domain of “building officials,” but to demonstrate this he cites only to Florida Statutes, Section 468.604 . . .