Planning & Development Department
Building Code
2725 Judge Fran Jamieson Way
Building A, Room 114
Viera, Florida 32940
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.
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(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.
(c) To qualify for exemption under this subsection, an owner must personally appear and sign the
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:
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
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
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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 workerscompensation 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 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
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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.
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_________________________________________ _______________________
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