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Florida county faces turf war over homebuilding inspections

Created at 4 Aug · 9:11 PM1 source↑ Market-relevant
IN SHORT

Collier County, Florida, is reportedly thwarting state-mandated third-party home inspections, creating delays and increasing costs for builders. Private inspectors and a state legal opinion argue the county is violating a new law designed to accelerate homebuilding.

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Key Numbers

July 1Effective date of new state law
6,766Collier County residential building permits in 2021
2,736Collier County residential building permits in 2023
five-business-dayDecision deadline for local building departments

Who's Involved

Collier County
County officials reportedly resisting state-mandated third-party home inspections
Florida lawmakers
Strengthened laws to accelerate homebuilding and permitting processes
Private-provider inspectors
Claiming county officials are thwarting state law requirements
Ian Cohen
Chief operating officer of Inspected.com, commenting on the law's intent
Greg Slemp
Florida deputy attorney general, author of legal opinion on inspections
Chip LaMarca
State Representative who posed questions to the Attorney General's Office
Florida county faces turf war over homebuilding inspections

↳ Why This Matters

The conflict in Collier County highlights a potential roadblock to Florida's efforts to increase housing supply and affordability. If local governments can circumvent or add burdens to state-mandated permitting reforms, it could stifle construction, increase costs for builders and buyers, and undermine the legislative intent to streamline development.

Key facts

  • Collier County, Florida, is facing a dispute over its implementation of a state law designed to expedite homebuilding permits.
  • Private inspectors allege county officials are hindering third-party inspections, which are permitted under a law that took effect July 1.
  • The county is reportedly imposing additional inspections, documentation, and fees, contrary to the law's intent to streamline the process.
  • A legal opinion from the Florida Attorney General's Office supports the inspectors' position, stating local governments cannot duplicate private inspections or charge unauthorized fees.
  • Collier County has seen a cooling of its housing boom after a 2021 peak, though building permits have surged this year, largely due to multi-family projects.

Florida's efforts to boost home construction are encountering resistance in Collier County, where local officials are reportedly obstructing a state law designed to expedite permitting through third-party inspections. The law, which took effect July 1, allows private providers to conduct certain residential trade inspections and imposes decision deadlines on local building departments.

Private inspectors argue that Collier County officials are adding extra layers of inspections, documentation, and fees, which contradicts the law's aim of efficiency and drives up costs for builders. This situation marks the first notable case of resistance to the state's push for private inspection providers.

A legal opinion issued by the Florida Attorney General's Office in July supports the inspectors' stance. Deputy Attorney General Greg Slemp stated that local enforcement agencies cannot require additional inspections that duplicate those already performed by private providers as a condition for closing out a permit. The opinion also clarifies that local governments cannot impose policies or standards more stringent than state law and must refund any unauthorized excess fees collected.

Collier County experienced a significant housing boom in 2021, with over 6,700 residential building permits issued. While permits cooled in 2023 to approximately 2,700, they have surged this year, primarily driven by multi-family projects. The state's Live Local Act aims to address housing affordability, partly through zoning changes and now, through streamlined permitting procedures.

County officials did not respond to inquiries regarding the permitting department's actions. The dispute highlights a tension between local government oversight responsibilities and the state's mandate to accelerate development, with potential financial implications for builders and property owners due to accumulated carrying costs and delayed project approvals.

Frequently asked questions

The core issue is Collier County's alleged resistance to a new state law that allows and encourages third-party private inspectors for homebuilding permits, with officials reportedly adding extra requirements and fees.

The law aims to speed up homebuilding by allowing private inspectors, imposing decision deadlines on local building departments, and reducing permitting delays and associated costs.

The Attorney General's office issued a legal opinion stating that local governments cannot require additional inspections that duplicate those already done by private providers and must refund unauthorized fees.

Delays caused by the county's actions can lead to increased carrying costs for projects, postponed closings, and other financial setbacks for builders and property owners.

What Happens Next

01Further legal challenges or enforcement actions may arise if Collier County continues to resist the state law.
02Other Florida counties may face similar disputes as the new permitting law is implemented statewide.

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Cadence

How It Developed

Florida lawmakers strengthened laws to speed up permitting, including allowing third-party inspections.
The new law took effect July 1.
Collier County is reportedly resisting third-party inspections, adding extra requirements and fees.
Inspectors cite a legal opinion from the Florida Attorney General's Office backing their position.
The county did not respond to questions about the permitting department's actions.
Residential building permits in Collier County peaked in 2021 but have since cooled, though they have surged this year.
Lawmakers expanded private-provider options for certain residential trade permits and imposed a five-business-day decision deadline.
A legal opinion from the Florida Attorney General's Office stated local governments cannot require additional inspections that replicate those already performed by private providers.

Sources

T1
Collier County private inspections fray sparks Florida turf warHousingWire

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