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Planning & Development Department

Building Code

2725 Judge Fran Jamieson Way

Building A, Room 114

Viera, Florida 32940

OWNER/BUILDER APPLICATION FOR CONTRACTOR EXEMPTION

Florida law provides for certain exemptions to the requirements for use of licensed contractors for

regulated construction activities to include provisions for property owners to act as their own

contractor under certain limited conditions. The Owner-Builder exemption reads as follows:

Florida Statute Chapter 489.103(7)

(a) Owners of property may act as their own contractor and provide direct, onsite supervision

themselves of all work not performed by licensed contractors:

1. When building or improving farm outbuildings or one-family or two-family residences on such

property for the occupancy or use of such owners and not offered for sale or lease, or building

or improving commercial buildings at a cost not to exceed $75,000, on such property for the

occupancy or use of such owners and not offered for sale or lease. In an action brought under

this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the

owner-builder within one year after completion of same creates a presumption that the

construction was undertaken for purposes of sale or lease.

2. When repairing or replacing wood shakes or asphalt or fiberglass shingles on one-family, two-

family, or three-family residences for the occupancy or use of such owner or tenant of the

owner and not offered for sale within 1 year after completion of the work and when the

property has been damaged by natural causes from an event recognized as an emergency

situation designated by executive order issued by the Governor declaring the existence of a

state of emergency as a result and consequence of a serious threat posed to the public

health, safety, and property in this state.

3. When installing, uninstalling, or replacing solar panels on one-family, two-family, or three-

family residences, and the local permitting agency’s county or municipal government is

participating in a “United States Department of Energy SunShot Initiative: Rooftop Solar

Challenge” grant. However, an owner must utilize a licensed electrical contractor to effectuate

the wiring of the solar panels, including any interconnection to the customer’s residential

electrical wiring. The limitations of this exemption shall be expressly stated in the building

permit approved and issued by the permitting agency for such project.

4. When completing the requirements of a building permit, where the contractor listed on the

permit substantially completed the project as determined by the local permitting agency, for a

one-family or two-family residence, townhome, or an accessory structure of a one-family or

two-family residence or townhome or an individual residential condominium unit or

cooperative unit. Prior to qualifying for the exemption, the owner must receive approval from

the local permitting agency, and the local permitting agency must determine that the

contractor listed on the permit substantially completed the project. An owner who qualifies for

the exemption under this subparagraph is not required to occupy the dwelling or unit for at

least 1 year after the completion of the project.

Page 2 of 5

(b) This subsection does not exempt any person who is employed by or has a contract with such

owner and who acts in the capacity of a contractor. The owner may not delegate the owner’s

responsibility to directly supervise all work to any other person unless that person is registered or

certified under this part and the work being performed is within the scope of that person’s license.

For the purposes of this subsection, the term “owners of property” includes the owner of a mobile

home situated on a leased lot.

building permit application and must satisfy local permitting agency requirements, if any, proving

that the owner has a complete understanding of the owner’s obligations under the law as specified

in the disclosure statement in this section. However, for purposes of implementing a “United

States Department of Energy SunShot Initiative: Rooftop Solar Challenge” grant and the

participation of county and municipal governments, an owner’s notarized signature or personal

appearance to sign the permit application is not required for a solar project, as described in

subparagraph (a)3., if the building permit application submitted electronically to the permitting

agency and owner certifies the application and disclosure statement using the permitting agency’s

electronic confirmation system. If any person violates the requirements of this subsection, the

local permitting agency shall withhold final approval, revoke the permit, or pursue any action or

remedy for unlicensed activity against the owner and any person performing work that requires

licensure under the permit issued. The local permitting agency shall provide the person with a

disclosure statement in substantially the following form:

DISCLOSURE STATEMENT

1. I understand that State law requires construction to be done by a licensed contractor and

have applied for an owner-builder permit under an exemption from the law. The exemption

specifies that I, as the owner of the property listed, may act as my own contractor with certain

restrictions even though I do not have a license.

2. I understand that building permits are not required to be signed by a property owner unless

he or she is responsible for the construction and is not hiring a licensed contractor to assume

responsibility.

3. I understand, as an owner-builder, I am the responsible party of record on a permit. I

understand that I may protect myself from potential financial risk by hiring a licensed

contractor and having the permit filed in his or her name instead of my own name. I also

understand a contractor is required by law to be licensed in Florida and to list his or her

license numbers on permits or contracts.

4. I understand that I may build or improve a one-family or two-family residence or a farm

outbuilding. I may also build or improve a commercial building if the costs do not exceed

$75,000. The building or residence must be for my own use or occupancy. It may not be built

or substantially improved for sale or lease, unless I am completing the requirements of a

building permit where the contractor listed on the permit substantially completed the project. If

a building or residence that I have built or substantially improved myself is sold or leased

within 1 year after the construction is complete, the law will assume I built or substantially

improved it for sale or lease, which violates the exemption.

5. I understand that, as the owner/builder, I must provide direct, onsite supervision of the

construction.

Page 3 of 5

6. I understand that I may not hire an unlicensed person to act as my contractor or to supervise

persons working on my building or residence. It is my responsibility to ensure the persons

whom I employ have the licenses required by law and by County or municipal ordinance.

7. I understand that it is a frequent practice of unlicensed persons to have the property owner

obtain an owner-builder permit that erroneously implies the property owner is providing his or

her own labor and materials. I, as an owner/builder, may be held liable and subjected to

serious financial risk for any injuries sustained by an unlicensed person or his or her

employees while working on my property. My homeowner’s insurance may not provide

coverage for those injuries. I am willfully acting as an owner-builder and am aware of the

limits of my insurance coverage for injuries to workers on my property.

8. I understand that I may not delegate the responsibility for supervising work to a licensed

contractor who is not licensed to perform the work being done. Any person working on my

building who is not licensed must work under my direct supervision and must be employed by

me, which means I must comply with laws requiring the withholding of federal income tax and

social security contributions under the Federal Insurance Contributions Act (FICA) and must

provide workers’ compensation for the employee. I understand my failure to follow these laws

may subject me to serious financial risk.

9. I agree that, as the party legally and financially responsible for this proposed construction

activity, I will abide by all applicable laws and requirements that govern owner-builders as

well as employers. I also understand that the construction must comply with all applicable

laws, ordinances, building codes, and zoning regulations.

10. I understand that I may obtain more information regarding my obligations as an employer

from the Internal Revenue Service, the United States Small Business Administration, the

Florida Department of Financial Services, and the Florida Department of Revenue. I also

understand I may contact the Florida Construction Industry Licensing Board at (850) 487-

1395, or www.myfloridalicense.com for more information about licensed contractors.

11. I am aware of, and consent to, an owner/builder building permit applied for in my name and

understand I am the party legally and financially responsible for the proposed construction

activity at the following address.

______________________________ ___________________________ ________ ____________

Street City State Zip Code

12. I agree to notify the Brevard County Building Code Division immediately of any additions,

deletions, or changes to any of the information that I have provided on this disclosure.

Licensed Contractors are regulated by laws designed to protect the public. If you contract with a

person who does not have a license, the Construction Industry Licensing Board and the Department

of Business and Professional Regulation may be unable to assist you with any financial loss that you

sustain as a result of a complaint. Your only remedy against an unlicensed contractor may be in civil

court. It is also important for you to understand that if an unlicensed contractor or employee of an

individual or firm is injured while working on your property, you may also be held liable for damages. If

Page 4 of 5

you obtain an owner/builder permit and wish to hire a licensed contractor, you will be responsible for

verifying whether the contractor is properly licensed and the status of the contractor’s workers’

compensation coverage.

Before a building permit can be issued, this disclosure statement must be completed and signed by

the property owner and returned to the local permitting agency responsible for issuing a permit. A

copy of the property owner’s driver license, notarized signature of the property owner, or other type of

verification acceptable to the local permitting agency is required when the permit is issued.

Page 5 of 5

_________________________________________ _______________________

Owner/Builder Signature Date

Subscribed and sworn to before me, by means of ____ physical presence or _____ online

notariazation, this __________ day of _________________________, 20_____, personally

appeared _______________________________________ who is personally known to me or

produced _________________________ as identification, and who did/did not take an oath.

_______________________________________

Notary Public Signature

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