Updating Florida’s ’25% Rule’

While the ‘25% rule’ has been in the Florida Building Code (FBC) for many years, recent legislative changes, specifically within Senate Bill 4-D (2022), have clarified and/or changed the way this specific code section on existing roofing is to be applied.

Senate Bill 4-D added Section 1, Subsection (5) to Florida Statute 553.844 ‘Windstorm loss mitigation; requirements for roofs and opening protection.’ This subsection states:

(5) Notwithstanding any provision in the Florida Building Code to the contrary, if an existing roofing system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, and 25% or more of such roofing system or roof section is being repaired, replaced, or recovered, only the repaired, replaced, or recovered portion is required to be constructed in accordance with the Florida Building Code in effect, as applicable. The Florida Building Commission shall adopt this exception by rule and incorporate it in the Florida Building Code. Notwithstanding s. 553.73(4), a local government may not adopt by ordinance an administrative or technical amendment to this exception.

The significance of this subsection is that it serves to establish an effective date after which all properly permitted existing roof coverings are deemed to be compliant with the current code. It is important to understand, however, that the effective date of the 2007 edition of the FBC went into effect on March 1, 2009.