Does the rule that no one may interfere with a Florida building official stop other government staff from reviewing permits?

Plain-English summary

Florida law tells building code administrators and inspectors to do their jobs free from outside pressure. Section 468.604(1) says a building code administrator or building official must faithfully perform their responsibilities "without interference from any person." Section 468.604(2) says a building code inspector works under the administrator's direction "without interference from any unlicensed person." Suwannee County's building official asked the Attorney General's office to clarify both phrases.

Assistant Attorney General Joslyn Wilson offered informal comments. On subsection (1), the phrase "any person" is broad and not limited to unlicensed people. But its purpose matters: in Henry Company Homes, Inc. v. Curb, a federal court read the "without interference from any person" language as designed to prevent building officials from engaging in corrupt practices, not to shut down the ordinary deliberative process in which other local government officials make recommendations. In that case, a county engineering employee's recommendations about issuing building permits were within his discretionary authority and did not amount to unlawful "interference." So the statute targets corruption and improper pressure, not routine inter-office review.

On subsection (2), the statute does not define "unlicensed person." The office noted the provision originally said "uncertified person" (House Bill 4439, 1998), and that building code administrators and inspectors are licensed under Part XII of Chapter 468. Reading "licensed" and "unlicensed" by reference to those Part XII licensure provisions is the reasonable approach, though no appellate decision had squarely addressed it. The office added that the Henry Company Homes reasoning about subsection (1) may well bear on subsection (2), which uses similar language, and pointed the official to the Florida Building Code Administrators and Inspectors Board (sections 468.606 and 468.607), which has authority to adopt rules and administer Part XII.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule mentioned here.

Common questions

Q: Does "without interference from any person" stop other officials from reviewing permits?
A: No, according to the comments. The phrase is broad but, as read in Henry Company Homes v. Curb, it was meant to prevent corrupt pressure on building officials, not to bar the normal deliberative process where other local government staff make recommendations about permits.

Q: Who counts as an "unlicensed person" under subsection (2)?
A: The statute does not define it. The office suggested reading "licensed" and "unlicensed" in light of the licensure provisions in Part XII of Chapter 468, under which building code administrators and inspectors are licensed. The provision originally used the word "uncertified."

Q: Where can a building official get authoritative guidance?
A: The comments pointed to the Florida Building Code Administrators and Inspectors Board, which has statutory authority under sections 468.606 and 468.607 to adopt rules implementing and to administer Part XII of Chapter 468.

Background and statutory framework

Part XII of Chapter 468 governs the licensure and duties of building code administrators, plans examiners, and inspectors. Section 468.604 sets out their core duties and the anti-interference language at issue. The 1998 legislation (House Bill 4439) that added much of this structure set forth the duties of administrators, plans examiners, and inspectors and added categories of licensure; it originally referred to an "uncertified" rather than "unlicensed" person. The only judicial gloss the office identified was Henry Company Homes, Inc. v. Curb, 548 F. Supp. 2d 1281 (N.D. Fla. 2008), which construed the "without interference from any person" clause of subsection (1) as an anti-corruption measure and held that a county engineer's permit recommendations did not exceed his discretionary authority for purposes of qualified immunity. The Building Code Administrators and Inspectors Board administers Part XII under sections 468.606 and 468.607.

Citations

Statutes and bills

• s. 468.604(1), Fla. Stat. (administrator/official: no interference from any person)
• s. 468.604(2), Fla. Stat. (inspector: no interference from any unlicensed person)
• Part XII, Ch. 468, Fla. Stat. (licensure of building code professionals)
• ss. 468.606, 468.607, Fla. Stat. (board rulemaking and administration)
• House Bill 4439 (1998 legislative session)

Cases

• Henry Company Homes, Inc. v. Curb, 548 F. Supp. 2d 1281 (N.D. Fla. 2008) (anti-interference clause is an anti-corruption measure)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/building-inspectorcode-administrator-interference
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8241

Original opinion text

Mr. Patrick J. Sura

Code Compliance Director/Building Official

Suwannee County Building Department

224 Pine Avenue

Live Oak, Florida 32064

Dear Mr. Sura:

You ask for clarification of the sentence in section 468.604(1), Florida Statutes, which provides that the building code administrator or building official shall faithfully perform the responsibilities prescribed therein without interference from any person.

The statute refers to "any person" and would not appear to be limited to unlicensed persons. In Henry Company Homes, Inc. v. Curb, 548 F. Supp.2d 1281 (N.D. Fla. 2008), the court stated that the statute requiring building officials to perform their responsibilities "without interference from any person" was designed to prevent building officials from engaging in corrupt practices, not to prevent the deliberative process involving other local government officials. Thus, the statute did not render a county engineering employee's making of recommendations regarding issuance of building permits beyond scope of his discretionary authority, so as to preclude assertion of qualified immunity in defense to civil rights claims of developer.

You also refer to the language of section 468.604(2), Florida Statutes, which provides the building code inspector's responsibilities must be performed under the direction of the building code administrator or building official without interference from any unlicensed person. The statute does not define "unlicensed person." I would note, however, that the legislation which added this language originally referred to "uncertified person." See House Bill 4439, 1998 legislative session. The staff analysis for the bill notes that "Building code administrators and inspectors are licensed pursuant to part XII of chapter 468, Florida Statutes " and notes:

"The bill makes a variety of changes to the regulation, including: (1) Adding categories of licensure; (2) Setting forth the actual duties of building code administrators, plans examiners and inspectors . . . ." (e.s.)

See House of Representatives as further revised by the Committee on General Government Appropriations Bill Research & Economic Impact Statement on House Bill # 4439, dated April 21, 1998; storage name: h4439a.gg. While I am not aware of any appellate court decision addressing this issue, in light of the above, it would appear to be reasonable to read the term "licensed" or "unlicensed" in light of the licensure provisions of Part XII of Chapter 468, Florida Statutes. In addition, I would note that while the decision in Henry Company Homes, Inc. v. Curb, supra, considered the language of section 468.604(1), Florida Statutes, the comments of the court may well be relevant to the provisions of section 468.604(2), Florida Statutes, which contains similar, although not identical, language.

You may wish to contact the Florida Building Code Administrators and Inspectors Board. The board possesses the statutory authority to adopt rules implementing the provisions of Part XII, Chapter 468, Florida Statutes, and administers these statutory provisions. See sections 468.606 and 468.607, Florida Statutes.

I hope that the above informal comments may be of assistance. Thank you for contacting the Attorney General’s Office.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/t