Florida Statutes
Fla. Stat. § 553.38 (2025)
Application and scope.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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553.38 Application and scope.—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 requirements, subdivision control, and onsite installation requirements, as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or manufactured building. A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factory-built structure. Such fees shall be equal to the amount charged for similar inspections on conventionally built housing.
History.—s. 4, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 78-323; ss. 1, 6, ch. 79-152; ss. 2, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429; s. 60, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
Notes of Decisions
Cited in 5
cases, 1973–2012 · leading case: Campbell v. Monroe Cnty., 426 So. 2d 1158 (Fla. 3d DCA 1983).
Campbell v. Monroe Cnty., 426 So. 2d 1158 (Fla. 3d DCA 1983). “Part VI of the Building Construction Standards, Chapter 553, Florida Statutes (1979) is entitled: State Minimum Building Codes.”
Bondi v. Tucker, 93 So. 3d 1106 (Fla. 1st DCA 2012). “1973) (“The Attorney General was granted leave to intervene in the cause by the trial court solely for purposes of appeal after the trial judge had declared the last sentence of Fla. Stat. § 553.38 (3), F.S.A., to be unconstitutional.”
State Ex Rel. Shevin v. Kerwin, 279 So. 2d 836 (Fla. 1973). “The Attorney General was granted leave to intervene in the cause by the trial court solely for purposes of appeal after the trial judge had declared the last sentence of Fla. Stat. § 553.38 (3), F.S.A., to be unconstitutional.”
Dep't of Cmty. Affairs v. Marion Cnty., 734 So. 2d 1147 (Fla. 5th DCA 1999). “The department sued the county, alleging that the ordinance violated section 553.38, Florida Statutes, 1 and that it was authorized by the same statute to bring the action.”
Marion Cnty. v. FDCA, 817 So. 2d 1062 (Fla. 5th DCA 2002). “" The ordinance clashed head-on with a preexisting statute, section 553.38, Florida Statutes (1998), which provided: The department shall enforce every provision of this part and the rules adopted pursuant hereto, except that local land use and zoning requirements, fire zones,…”
— 553.38(1) — 1 case
Campbell v. Monroe Cnty., 426 So. 2d 1158 (Fla. 3d DCA 1983). “Part VI of the Building Construction Standards, Chapter 553, Florida Statutes (1979) is entitled: State Minimum Building Codes.”
— 553.38(2) — 1 case
Campbell v. Monroe Cnty., 426 So. 2d 1158 (Fla. 3d DCA 1983). “Part VI of the Building Construction Standards, Chapter 553, Florida Statutes (1979) is entitled: State Minimum Building Codes.”
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