Florida's new under-$7,500 permit exemption (HB 803), explained
Verified against the enrolled law (Chapter 2026-63) · Updated 2026-07-20
Since July 1, 2026, Florida law requires local governments to exempt certain small residential projects from building permits. The law is HB 803 — enacted as Chapter 2026-63, Laws of Florida (it passed the Legislature unanimously and was signed May 6, 2026) — and it created a new paragraph (g) in section 553.79(1), Florida Statutes. Here's what it actually says, straight from the enacted text, and what it means for Orlando-area repairs.
What the law does
The five catches
- It is NOT automatic. You (or your contractor) must submit a written request for exemption to the local enforcement agency, with a copy of the contract or other documentation demonstrating the nature and value of the work — before the work.
- Never for the five trades. The enacted exclusion: "Any electrical, plumbing, structural, mechanical, or gas work" — at any dollar value. Water heaters, AC changeouts, wiring and panels, repipes, and load-bearing work stay permitted no matter how small the job.
- Never in a flood hazard area. The exemption doesn't apply to property partially or entirely in a Florida Building Code flood hazard area.
- No project-splitting. "A construction project may not be divided into more than one project for the purpose of evading the requirements of this paragraph."
- Nobody reviews exempt work. Under (g)4, the local government "has no legal duty to the owner, contractor, or successors or assigns" for exempted work — you carry the risk, with no county review backstop. And the exemption removes only the permit: nothing in the act waives Florida Building Code standards, and zoning, setbacks, and right-of-way rules are untouched.
The enacted paragraph names a "single-family dwelling" — the neighboring provision for hurricane barriers expressly adds two-family dwellings and townhouses, and this one doesn't. If you're in a townhouse or duplex, don't assume coverage — ask your building department.
What this means for common repairs
- Never exempt (the five trades): water heater replacement, AC/HVAC work, outlets, circuits, and panels, repipes, and any structural work.
- May qualify (if under $7,500, detached single-family, no flood zone, and you file the written request first): wood/vinyl/chain-link fence repair (masonry and over-6-ft fences are a different story), fabric-only rescreening of an existing frame, and concrete/paver flatwork on private property — though as of 2026-07-20 Orange County's own permit page still lists concrete and paver work as permit-required with no exemption note, so confirm with the county first.
- Ambiguous — the law doesn't define "structural": windows and exterior doors, garage doors, screen-enclosure frames, sheds, and roofing. Wind-rated envelope work is commonly treated as structural by building departments; never assume a reroof is exempt. Ask your permit office.
Where Orange County stands
As of 2026-07-20, Orange County has not published an HB 803 exemption-request process, form, or FAQ — we checked the county's "Do I Need a Permit?" page, the Permits & Licenses hub, the Residential Construction page, and the Fast Track services menu. The Florida Building Commission's code-side rulemaking is also mid-process (code language expected August 2026, the updated rule effective late November 2026). Practically: the statute is in force, but expect to ask your permit office directly how to file the written request. First check which office covers your address →
Don't confuse it with the act's other provisions
The same law separately created: a hurricane/flood barrier exemption (s. 553.79(1)(h)) that requires a licensed contractor and its own written request; a rule keeping retaining walls permitted (just one permit for multi-lot walls); and a 5-business-day fast-track for sub-$15,000 permit applications using a local plans reviewer (s. 553.792) — that one's a speed rule, not an exemption, and its list including roofing, electrical, and plumbing shows those trades still get permits.
Frequently asked questions
Is the $7,500 exemption automatic?
No. To qualify, the owner (or the owner's contractor) must submit a written request for exemption to the local enforcement agency, with a copy of the contract or other documentation demonstrating the nature and the value of the work — before the work. Once properly requested, the law says the local government "shall exempt" qualifying work.
Does it cover my water heater, AC, or electrical project if it's under $7,500?
No — never. The enacted exclusion list is: any electrical, plumbing, structural, mechanical, or gas work, at any dollar value. The House's final analysis confirms permits may be required for those five trades "regardless of the value of such work." It also never applies to property even partially in a Florida Building Code flood hazard area.
Is my window, door, or garage-door job "structural"?
The law does not define "structural" — and that word decides whether wind-rated envelope work like windows, exterior doors, and garage doors qualifies. Until your building department or the Florida Building Commission's rulemaking settles it, ask your permit office before skipping a permit. Also remember: the county owes you no legal duty for exempted work, so nobody reviews it.
Related: owner-builder permits explained · which permit office covers your address?
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Sources
http://laws.flrules.org/2026/63
https://www.flsenate.gov/Session/Bill/2026/803/BillText/er/PDF
https://www.flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=83444
https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?FileName=h0803z1.IPA.DOCX&DocumentType=Analysis&BillNumber=803&Session=2026
https://www.floridabuilding.org/fbc/commission/FBC_0426/Commission/Summary_HB-803.pdf
https://www.orangecountyfl.net/PermitsLicenses/DoINeedaPermit.aspx
This guide is general informational content, not professional or legal advice. This is a brand-new law and local implementation is still developing — confirm with your building department before skipping any permit.
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