HB 405 Died in the Florida Legislature. HB 803 Replaced It. Here's What Contractors Need to Know.

Freedom Code ComplianceSaturday, February 28, 20267 min read
HB 405 Florida Permit Fee Discounts - 50-75% savings for contractors using private providers

Key Takeaways

  • HB 405 died in the 2026 Florida legislative session — it was killed and never became law
  • HB 803 carried the private-provider provisions forward, including the 25% and 50% commercial fee-reduction framework under F.S. 553.791(2)(d)
  • The public construction contract delay-clause protection also died with HB 405 and was not picked up by HB 803
  • Contractors should stop citing HB 405 for private-provider benefits and use HB 803 and Florida Statute 553.791 instead
  • FCC's operational role has not changed — fast plan reviews, virtual inspections, and COC filing still work the same way under 553.791
  • FCC still does not pull permits, file permit applications, or file the NTBO — none of this legislation changed that

What happened to HB 405 in the 2026 Florida legislative session?

HB 405 died. It was killed during the 2026 Florida legislative session and never became law. The private-provider fee reductions, permit-application standardization, and cost-based fee provisions that contractors were tracking under HB 405 were carried forward by HB 803. Contractors should now cite HB 803 and Florida Statute 553.791 — not HB 405 — when discussing the current private-provider framework.

HB 405 died. It was killed during the 2026 Florida legislative session and never became law. If you heard about HB 405 in connection with private-provider fee reductions and permit reforms, you were not wrong to pay attention — but the bill is dead, and contractors need to update their references.

The private-provider provisions that mattered — commercial fee reductions, cost-based fee logic, permit-application standardization — were carried forward by HB 803. That is the bill contractors should be citing now, alongside Florida Statute 553.791, which remains the legal foundation for all private-provider work in the state.

What HB 405 Proposed

Before it died, HB 405 reflected a real policy push toward making private-provider use more practical on commercial work. The provisions contractors cared about included:

  • A 25% fee reduction when a private provider handles part of the qualifying plan review or inspection scope on commercial projects
  • A 50% fee reduction when a private provider handles all required qualifying plan review and inspection services in that scope
  • Cost-based local fee logic instead of punitive administrative fees
  • Standardized permit-application forms statewide
  • A public construction contract delay-clause protection for contractors on public-works jobs

These were significant provisions. But HB 405 never made it through the legislative process.

What Died with HB 405

Two things died when HB 405 was killed.

First, the bill itself. HB 405 as a legislative vehicle is dead. It did not pass, it was not amended into another bill, and it carries no legal weight. Any internal memos, permit checklists, or talking points that reference HB 405 as current law need to be updated.

Second, the public construction contract delay-clause protection. This provision — which addressed contractor rights on public-works jobs related to permitting delays — was not picked up by HB 803. That specific protection died with the bill. It was a public-works contractor issue, not the core private-provider framework that FCC's clients care about.

What Survived in HB 803

The provisions that actually matter to contractors using private providers survived. HB 803 carried forward:

  • The 25% and 50% commercial fee-reduction framework under F.S. 553.791(2)(d)
  • Cost-based fee direction — building departments must use actual and reasonable cost logic, not punitive administrative fees
  • Uniform permit-application standardization with a July 1, 2027 adoption deadline
  • Forfeiture penalties for local agencies that do not comply with the fee-reduction requirements

In other words, the private-provider story contractors were following did not die. It just moved to a different bill number.

Why HB 405 Still Matters as History

HB 405 is not worthless context. It matters for one reason: it explains why there was so much confusion in 2026 around private-provider fee reductions.

Early legislative summaries and industry discussions attached the commercial fee treatment and process changes to HB 405. That was accurate at the time. But as the legislative session progressed, those provisions moved to HB 803 and HB 405 was killed.

If someone on your team still references HB 405 in conversations with owners, permit teams, or building departments, they are citing a dead bill. It does not help your credibility.

What Contractors Should Cite Now

The accurate reference points are straightforward:

  • Florida Statute 553.791 — the legal foundation for all private-provider work in Florida
  • HB 803 — the 2026 bill that carries the commercial fee-reduction framework, cost-based fee direction, and permit standardization forward

Stop citing HB 405. It is dead.

What This Means for FCC Clients

For contractors using FCC, nothing has changed operationally. The death of HB 405 does not affect your workflow because FCC's services operate under Florida Statute 553.791 — not under any single HB bill. Here is what is still true:

  • Single-family residential plan reviews average 24 hours
  • Commercial and multifamily plan reviews average 2 business days
  • Virtual inspections — live or offline — are still available through the myFCC app
  • FCC handles private-provider paperwork, inspection-result reporting, and COC filing
  • FCC does not pull permits, file permit applications, or file the NTBO — that is your responsibility

The bill number changed. The service did not.

Bottom Line

HB 405 is dead. It was killed in the 2026 Florida legislative session. The private-provider fee reductions and permit reforms it proposed survived in HB 803. Contractors should update their references accordingly:

  • 553.791 is the legal foundation
  • HB 405 is dead — historical context only
  • HB 803 is the current bill for the 2026 private-provider update

If you are still citing HB 405, you are citing a bill that does not exist anymore.

Sources

Frequently Asked Questions

Did HB 405 pass in Florida?

No. HB 405 died in the 2026 Florida legislative session. It was killed and never became law. The private-provider provisions it contained were carried forward separately by HB 803.

What replaced HB 405?

HB 803 replaced HB 405 as the operative bill for the private-provider fee and workflow provisions contractors were following. HB 803 carries forward the 25% and 50% commercial fee-reduction framework, cost-based fee direction, and uniform permit-application standardization.

What died with HB 405?

Two things died. First, HB 405 itself — the entire bill was killed. Second, the public construction contract delay-clause protection that HB 405 contained was not carried forward by HB 803. That provision was about contractor rights on public-works jobs, not the core private-provider framework.

Should contractors still cite HB 405?

No. Contractors should cite HB 803 for the 2026 private-provider update and Florida Statute 553.791 for the underlying legal framework. HB 405 is history, not current law.

Does the death of HB 405 change anything for FCC clients?

No. FCC's role has not changed. Fast plan reviews, virtual inspections, inspection-result reporting, and COC filing all operate under Florida Statute 553.791 regardless of which HB bill number is in play. The private-provider provisions contractors care about survived in HB 803.

Does any of this change FCC's role in permit filing?

No. FCC does not pull permits, file permit applications, or file the NTBO. That was true before HB 405, it was true while HB 405 was alive, and it is still true now that HB 405 is dead. The contractor or project team handles filing.

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