Housebill 803
What Boynton Beach Homeowners and Contractors Need to Know About HB 803
Florida House Bill 803 (F.S. 553.79, Section 8(g) and (h)) takes effect on July 1, 2026, and establishes two new building permit exemptions for single family residential properties.
The bill also requires that the property owner, or the owner’s contractor, submit a written request for exemption. The Building Department has created a process to allow for the submittal of exemption requests, which will become active on July 1. These exemptions apply only to the building permit requirement under section 553.79, Florida Statutes. Property owners and contractors remain responsible for complying with all other applicable federal, state, and local laws, including contractor licensing requirements, zoning and land development regulations, floodplain regulations, and homeowners' association requirements, if applicable.
See below for information on both exemptions, as well as instructions for submitting an exemption request on or after July 1, 2026.
Requesting Exemption (effective July 1, 2026)
A Tile has been created in Sages titled Building Permit Exemption Request. To qualify, the owner or the owner’s contractor must submit a written request for exemption to the Building Department, along with a copy of the contract or other documentation demonstrating the nature and value of the work.
Exemption 1: Minor Residential Work Valued at Less Than $7,500
HB 803 provides an exemption allowing a single family residential property owner or the owner’s contractor to perform work on a single family dwelling if the value of the work is less than $7,500. However, this exemption has significant limitations.
This exemption applies only to the building permit requirement in section 553.79, Florida Statutes. It does not alter the contractor licensing or owner-builder requirements contained in Chapter 489, Florida Statutes. Property owners and contractors remain responsible for complying with all applicable licensing requirements, and owners seeking to perform work as an owner-builder must continue to satisfy the requirements of section 489.103, Florida Statutes.
The following scopes of work are not eligible for the exemption and still require a permit regardless of cost:
• Structural
• Electrical
• Mechanical
• Plumbing
• Gas
• Fences and Driveways – HB 803 relates to the Building Code, as it amends F.S. 553.79 Section 8(g) and (h). The City’s requirement for fence and driveway permits is derived exclusively from the City’s Zoning Code, which regulates fence height, type, setbacks, proposed locations, and driveway location, materials, and square footage. HB 803 does not alter or supersede the City's Zoning Code or Land Development Regulations. The City will continue to require compliance with applicable zoning and land development requirements governing fences and driveways, including standards relating to location, setbacks, height, materials, lot coverage, and similar zoning requirements.• Any work on a property located partially or entirely within a flood hazard area.
• Any work on a property located partially or entirely within a flood hazard area.
No Project Phasing or Splitting
A construction project may not be divided into multiple smaller projects for the purpose of staying under the $7,500 threshold. The exemption applies only to complete single projects valued under $7,500.
Exemption 2: Voluntary Temporary Flood Panel and Barrier Installation
Temporary residential hurricane and flood protection walls or barriers for a single family, two family, or townhouse property are exempt from permitting if all the following conditions are met:
• The wall or barrier is non habitable and non load bearing.
• It is installed on the residential property of a single family or two family dwelling or townhouse.
• It is constructed to mitigate or prevent storm surge or floodwaters from entering a structure or property.
• It is installed by a contractor licensed under Part I of F.S. Chapter 489.
• It complies with applicable local zoning, drainage, easement, and setback requirements.
• The exemption does not apply to properties partially or entirely located within a flood hazard area as defined by the Florida Building Code.
Staff will review the exemption request
• If approved, the City will issue a written determination that the proposed work qualifies for statutory exemption from the building permit requirement.
• If denied, a permit will be required and must be applied for separately in Sages under the correct permit type.
Your submittal must include |
|---|
A copy of the written contract, or documentation |
Additional documentation demonstrating the nature of the work to be performed. |
Examples of Work Allowed Under HB 803 (Only When The Work Does NOT Involve Plumbing, Electrical, Structural, Mechanical, OR Gas Work Requiring A Permit.) |
Examples of Work Not Allowed Without Permits |
|---|---|
Interior trim work: passage doors, pocket doors, door hardware, door trim, baseboards, chair rail, and crown molding |
Reconfiguring cabinetry; adding or extending countertops; adding or expanding kitchen islands. |
Flooring: tile, carpet, hardwood, and vinyl flooring. |
Reconfiguring, removing, adding, or modifying walls for passthrough openings. |
Replacement of cabinetry, countertops, and sinks. |
Relocating sinks, water heaters/insta hot units, or backflow devices. |
Vanities, sinks, plumbing fixtures, and water closets. |
Tub/shower conversions; wet area wall tile replacement (tub/shower area) mixer valves. |
Repairing existing drywall and basic finishes. |
Fence or pool barrier fence installation; driveways |
Replacing existing light fixtures and outlets. |
Window awnings; windows, doors, shutters, garage doors. |
| Garage or patio conversions. |
Legal Notice: The City of Boynton Beach has no legal duty to the owner, contractor, or successors or assigns thereof for exempted work performed under this paragraph.
To avoid delays, please contact the Building Department with any questions.