Florida HB 803: Beyond the $7,500 Exception

What Do You Need to Know?

• HB 803, signed into law on May 7, 2026, exempts certain residential construction work valued under $7,500 from building permit requirements, effective July 1, 2026 - but the bill’s impact on Florida’s construction industry extends well beyond that headline provision.

• HB 803 accelerates the issuance of building permits by limiting local building department oversight and discretion and expanding the role and autonomy of private providers.

• The bill also amends Chapter 720, Florida Statutes, to prohibit homeowners’ associations from requiring a building permit as a prerequisite for their architectural review of an owner’s proposed improvements.

Governor DeSantis just signed House Bill 803 into law, taking effect on July 1, 2026, and bringing significant changes to Florida's building permit requirements for certain residential construction work. This alert covers not only the permit exemption, but also the key changes affecting private providers and homeowners’ associations that construction industry participants should be aware of.

The New $7,500 Threshold

Under the new law, local governments that issue building permits must exempt an owner of a single-family dwelling, or the owner's contractor, from the requirement to obtain a building permit for any work valued at less than $7,500 on the owner's property. While the new law still requires submission of a “written request for exemption,” the aim is to reduce unnecessary delays and costs associated with smaller home improvement projects. 

Importantly, the law prohibits a construction project from being divided into more than one project for the purpose of evading the $7,500 threshold. Contractors should be mindful that any attempt to split a larger scope of work into smaller components in order to fall below the exemption limit will not be permitted under the statute. Additionally, the exemption does not apply to electrical, plumbing, structural, mechanical, or gas work under $7,500, which remains subject to permitting requirements, or to work on a property that is partially or entirely located in a flood hazard area as defined by the Florida Building Code. 

By excluding the categories listed above, the exemption effectively covers non-structural, non-trade residential improvements valued under $7,500 on properties outside of flood hazard areas. Examples of work that would typically qualify for the exemption include cosmetic renovations, painting, cabinetry, flooring, drywall finishing, and similar general improvements that do not involve electrical, plumbing, structural, mechanical, or gas components.

Changes to Private Providers Under Section 553.791

Among the most consequential provisions of HB 803 are the amendments to section 553.791, Florida Statutes, which governs alternative plans review and building code inspection services performed by private providers. These changes collectively expand the autonomy and flexibility of private providers while significantly curtailing the discretion and oversight authority of local building departments. The net effect is to significantly reduce waiting times for building permit issuance.

HB 803 makes several important timing-related changes to the private provider framework. First, the bill removes the prior restriction that limited when a property owner could elect to use a private provider. The new law allows a fee owner or contractor to choose to use a private provider at any time, without the statute’s previous preconditions, and also removes the prior requirement that a private provider give advance notice to the local building official of the approximate date and time of any inspection. HB 803 also narrows the discretion of local building officials in several key respects. 

Under the revised law, a local building official may not review plans, construction drawings, or any other related documents that a private provider has determined to be compliant with applicable codes, except to the extent necessary to determine compliance with local ordinances, floodplain management regulations, site review requirements, and other administrative or life-safety reviews unrelated to building code compliance. For other forms and documents, the official may review only for completeness. The bill also changes the standard under which a local building official may deny a permit or a request for a certificate of occupancy or completion: rather than reviewing for substantive compliance with applicable codes, the official’s review is now limited to whether required forms or documents are complete. If the local building official does not provide written notice of any incomplete forms or documents within the applicable timeframe – ten (10) business days for most applications - the permit is deemed approved as a matter of law, and the official must issue the permit on the next business day.

Perhaps the most significant shift in HB 803 is the limitation on local building department oversight of private providers. A local building official may only perform building inspections of construction that a private provider has determined to be compliant if the official has knowledge that the private provider did not perform the required inspections, and the official must provide written notice to the private provider of the facts and circumstances supporting that knowledge before performing the inspection. The bill also prohibits local enforcement agencies from requiring additional verification of licensure or insurance requirements beyond what is required at registration. The bill further prohibits local enforcement agencies from limiting private providers’ use of virtual inspections and requires at least five business days’ notice before any audit of a private provider.

HB 803 also mandates specific fee reductions for permits when a private provider is retained for commercial construction projects. If an owner or contractor retains a private provider for plans review or building inspection services on a commercial project, the local enforcement agency must reduce the permit fee by at least 25 percent of the portion attributable to those services. If the private provider is retained for all required plans review and building inspection services, the reduction must be at least 50 percent. If the local enforcement agency fails to reduce the fee by at least the required percentages, the agency forfeits the ability to collect any fees for the project.

Changes to Chapter 720: Homeowners’ Associations

Lastly, HB 803 amends section 720.3035, Florida Statutes, to add a new restriction on homeowners’ associations. Under the new provision, an association, architectural review committee, or any other similar committee of an association may not require a building permit to be issued by a governmental authority to an owner as a prerequisite for review by the association or committee concerning the construction of structures or improvements on the property. This change is significant for homeowners in HOA-governed communities, as it negates any delay that could arise from approval conditioned on the applicant first obtaining a building permit. The new provision ensures that a homeowner’s right to seek architectural review from the association is not contingent on first navigating the governmental permitting process.

Looking Ahead:

HB 803 marks a meaningful shift in how residential construction is permitted, reviewed, and inspected in Florida. Beyond the headline $7,500.00 permit exemption, the bill expands the role of private providers, constrains the discretion of local building officials, and removes a common procedural hurdle imposed by homeowners’ associations. Together, these changes are designed to streamline the path from project conception to completion, while reallocating responsibility among owners, contractors, private providers, and local enforcement agencies. Contractors, property owners, developers, and homeowners’ associations operating in Florida should take time before the July 1, 2026, effective date to revisit their internal procedures, contract templates, permitting workflows, and architectural review practices to ensure they are positioned to comply with - and take full advantage of - the new law.