Florida Elevator Code: Permits, Inspections, and Penalties

Florida’s elevator code, set out in Chapter 399 of the Florida Statutes and Rule 61C-5 of the Florida Administrative Code, requires building owners to obtain permits before installation or alteration, keep a current certificate of operation posted on each elevator, have the equipment inspected annually by a certified inspector, use only certified technicians for construction and repair, and meet the ASME safety standards the state has adopted. The Division of Hotels and Restaurants within the Department of Business and Professional Regulation (DBPR) enforces the code. Violations bring fines of up to $1,000, and in some cases up to $1,000 per day, along with the risk that a code failure will anchor a personal injury lawsuit if a passenger is hurt.

What Chapter 399 Covers

Chapter 399 reaches elevators, escalators, dumbwaiters, moving walks, and similar conveyances in commercial and public buildings. The DBPR’s Division of Hotels and Restaurants handles permits, inspections, certifications, and enforcement.¹

Several categories are exempt from Chapter 399, and one of them catches people off guard: private residence elevators, stairway chairlifts, and wheelchair lifts in homes are not covered by the statute’s inspection and permitting program. Separate building code provisions and the ASME A18.1-2020 standard may still govern that equipment, but the Chapter 399 apparatus does not. Also outside the statute are automated people movers at airports, construction hoists and material lifts under ASME A10, automobile parking lifts, hand-operated dumbwaiters, cranes, derricks, industrial trucks, and elevators in television and radio towers.¹

The Safety Standards Florida Has Adopted

Florida does not write its own engineering standards. The Elevator Safety Technical Advisory Committee recommends national model codes, and the state incorporates them by reference.² As of December 31, 2023, three ASME standards form the backbone of the Florida elevator code:

ASME A17.1-2019 for new elevators, escalators, dumbwaiters, and moving walks, covering design, construction, installation, operation, testing, inspection, maintenance, alteration, and repair.
ASME A17.3-2020 for existing elevators and escalators, which sets retrofit requirements older equipment must meet on specific timelines.
ASME A18.1-2020 for platform lifts and stairway chairlifts.

Florida excludes certain sections of these standards, including the A17.1 provisions on private residence elevators, marine elevators, mine elevators, wind turbine tower elevators, and outside emergency elevators.³

Each elevator must comply with the version of the Florida Building Code or Elevator Safety Code in effect when its construction permit application was received. Alterations and relocations follow the same rule: the code that applied when the original elevator was installed does not carry forward. The applicable code is the one in effect when the alteration permit was filed.⁴

Permits and the Certificate of Operation

No elevator may be erected, installed, or materially altered in Florida until the owner obtains a permit from the DBPR. Only a registered elevator company in good standing can file the application, and it must include a sworn statement that the plans comply with the applicable elevator safety and building codes. A copy of the permit and plans stays at the site until a certificate of operation issues.⁴

Once the installation passes inspection, the division issues the certificate. It must be posted in a conspicuous location on the elevator, framed under a transparent cover. Running an elevator without a valid certificate is itself a finable offense, and starting an installation or alteration before securing a permit draws a fine of up to $1,000.⁵

Annual Inspections

Every elevator subject to Chapter 399 must be inspected annually by a certified elevator inspector, or by a municipality or county that contracts with the division for inspection services. These inspections cover mechanical and electrical components and are the state’s primary tool for catching problems before they become emergencies.⁶

There is one narrow exception. An elevator that is not an escalator or dumbwaiter, serves only two adjacent floors, and is covered by an active service maintenance contract is exempt from the annual inspection for as long as that contract remains in force. The owner must still file a statement verifying the contract with the division each year, and must report any cancellation.⁶

When an inspection reveals an unsafe condition, the division can seal the elevator or order it out of service immediately. It stays down until a follow-up inspection confirms the repair. For violations that are not immediately dangerous, the division issues an order to correct, which gives the owner a set window to fix the problem and schedule a reinspection.⁶

Retrofit Deadlines for Existing Elevators

Older equipment is not grandfathered out of modern safety expectations. ASME A17.3-2020 sets retrofit requirements on staggered timelines, and Florida modified several of those deadlines when it adopted the standard:

Part 3.10.12, which covers door restrictor devices, was pushed from December 31, 2023, to August 1, 2025. Door restrictors prevent car doors from opening when the elevator is not at a landing, which is the mechanism that keeps a passenger from stepping into an open shaft.
Parts 3.8.5, 3.10.13, 3.10.14, 3.13.1, and 3.13.2, covering additional safety retrofits, were extended to August 1, 2028.

The extended timelines reflect the cost and complexity of retrofitting older equipment, not any softening on the requirement itself.³

Who Can Legally Work on the Elevator

Anyone who constructs, installs, maintains, or repairs an elevator in Florida must hold a valid certificate of competency from the division. The threshold is four years of documented experience in elevator construction, maintenance, service, and repair, verified by registered elevator companies. In addition, the applicant must pass a written examination administered or approved by the division, complete an equivalent apprenticeship registered with the U.S. Department of Labor, or hold a license from another state with standards at least as stringent as Florida’s.⁷ Licensed mechanical engineers in good standing can obtain a certificate without meeting the standard experience requirements.

Certified technicians re-register annually, complete eight hours of continuing education from an approved provider, and carry general liability insurance at minimums set by the division.⁸ For building owners, the practical takeaway is that using an uncertified technician creates its own violation on top of whatever work was performed, and gaps in maintenance records are usually the first thing the DBPR reviews during an inspection or investigation.

Fines and Administrative Penalties

The fine structure under Chapter 399 varies by violation type:

Failing to comply with reporting requirements or reasonable DBPR requests about service maintenance contracts: up to $1,000 per violation.
Operating, installing, relocating, or altering an elevator without the required permit or certificate: up to $1,000 per violation.
Continuing to operate an elevator after it has been sealed or after receiving a notice to discontinue use: up to $1,000 per day the elevator remains in operation.
Failing to correct a violation within 90 days of an order to correct: up to $1,000.

The daily fine applies only to running a sealed elevator, the scenario the legislature treated as dangerous enough to escalate. Collected fines go into the Hotel and Restaurant Trust Fund.⁵

Beyond fines, the DBPR can suspend or revoke certificates of operation, inspector certifications, company registrations, and technician certificates of competency. Grounds include fraud or misrepresentation in applications, any violation of Chapter 399, negligence or misconduct, and an inspector’s failure to file timely reports. A revoked certificate of operation means the elevator cannot legally run until reinstated. The division can also issue citations that function as stop-work orders when someone performs work that requires a permit, certificate, or license without holding one.¹

Injury Lawsuits and Insurance Exposure

Administrative fines are often the smaller problem. If a passenger is injured in an elevator that wasn’t up to code, the violation itself becomes evidence in a personal injury suit. Florida courts recognize negligence per se, under which violation of a safety statute designed to protect a particular class of people from a particular type of harm can establish the duty and breach elements of negligence.⁹

Chapter 399 exists to protect passengers from injury caused by unsafe equipment. A building owner who skipped inspections, ignored correction orders, or used uncertified technicians has given a plaintiff’s attorney most of the case. The injured party still has to prove causation, but the negligence question is largely answered by the violation.

Insurance adds another layer. Carriers routinely check whether the elevator was current on inspections and in code compliance before paying a claim. A lapsed certificate of operation or a missed inspection can support a coverage denial, leaving the owner personally exposed to the settlement or judgment. Against that, an annual permit renewal in the $75–$125 range is a small line item.

1
Online Sunshine. Florida Statutes Chapter 399 – Elevator Safety
2
Online Sunshine. Florida Statutes 399.02 – Elevator Safety Code
3
Florida DBPR. Florida Administrative Code 61C-5 – Elevator Safety Code
4
Online Sunshine. Florida Statutes 399.03 – Permits
5
Online Sunshine. Florida Statutes 399.105 – Administrative Fines
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Online Sunshine. Florida Statutes 399.061 – Inspections, Service Maintenance Contracts, Correction of Deficiencies
7
Florida Senate. Florida Statutes Chapter 399 – Elevator Safety
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Online Sunshine. Florida Statutes 399.01 – Definitions
9
The Florida Bar. Florida Standard Jury Instructions – Statute or Ordinance