Florida Building Codes

Important: Florida Statute Chapter 515 (Residential Swimming Pool Safety Act) mandates safety measures for all new residential pools. The most common and scrutinized measure is the barrier (fence). THE "4-INCH SPHERE" RULE: A 4-inch diameter sphere must NOT be able to pass through ANY opening in the fence. This applies to: - Gaps between vertical pickets - Space between bottom of fence and ground - Any decorative cutouts GATE REQUIREMENTS (Critical Inspection Points): 1. DIRECTION: Gates must swing OUTWARD, away from the pool. If a child pushes on the gate, it closes tighter rather than opening. 2. SELF-CLOSING: Gate must automatically return to closed position from any open angle. 3. SELF-LATCHING: Gate must automatically engage latch when closed. 4. LATCH HEIGHT: Release mechanism must be at least 54 inches above the bottom of the gate. This height is specifically chosen to be out of the "reach radius" of a typical toddler. MESH FENCE SPECIFICATIONS (Removable Baby Guard-style): - Bottom gap cannot exceed 1 INCH above the deck (stricter than rigid fence) - Mesh must meet ASTM D 5034 tensile strength requirements - Must not be deformable to allow passage ALTERNATIVE SAFETY MEASURES (one of): 1. Approved barrier (fence meeting code) 2. Approved safety pool cover 3. Exit alarms on all doors/windows providing direct access to pool 4. Self-closing/self-latching doors with release mechanism 54" high

Important: Florida vacation rental regulation involves a 2011 state preemption law that prevents local governments from banning vacation rentals BUT "grandfathered" pre-June 1, 2011 ordinances. This creates a patchwork where some cities (Marathon, Monroe County, Walton County) have strict licensing regimes while others can only regulate "secondary effects" (noise, trash). THE COMPLIANCE STACK (All Layers Required): LAYER 1 - STATE DBPR LICENSE (Foundation): Division of Hotels and Restaurants license required. Typically "Vacation Rental - Dwelling" or "Vacation Rental - Condo" license type. This is the foundation - cannot advertise without it. LAYER 2 - STATE SALES TAX (DOR): Registration with Department of Revenue for State Sales Tax collection. Currently 6% state rate plus applicable county discretionary surtax. LAYER 3 - COUNTY TOURIST DEVELOPMENT TAX (TDT): Registration with County Tax Collector for "bed tax." Rates vary by county (3-6%). Monroe County: 5%, Walton County: 5%, Miami-Dade: 6%. LAYER 4 - LOCAL LEVEL (City/County): - Business Tax Receipt (BTR) - In regulated jurisdictions (Monroe, Walton, pre-2011 cities): specific "Vacation Rental Certificate" - Local certificate often requires PHYSICAL LIFE-SAFETY INSPECTION (fire extinguishers, smoke detectors, pool safety, egress) ADVERTISING ENFORCEMENT: Platforms (Airbnb, VRBO) are increasingly required to display DBPR License Number AND Local Certificate Number on listings. Code enforcement "scrapers" automatically flag listings without license numbers and generate citation letters.

Important: The Florida Building Commission maintains a searchable Product Approval database. Contractors must verify that every roofing product has an active approval number before installation. In the HVHZ (Miami-Dade and Broward), products must additionally hold a Miami-Dade NOA. Product approvals include specific installation instructions that must be followed exactly.