Building Construction Services

Fifty Percent Rule Clarification

Murdock, FL – (October 21, 2004) The state mandated 50 percent rule requires any structure damaged 50 percent or more to be brought up to Florida Building Code, including any elevation requirements. To assist in the clarification of the process, the Charlotte County Building Construction Services Department has put together a worksheet and posted it online.

The four page worksheet with instructions on the front page should be filled out as completely as possible with an affidavit from at least one of the following:
• Architect
• Engineer
• Contractor
• Owner accompanied by photos

If the owner chooses to fill out the affidavit photos of the outside structure: foundation, roof, back, front, side views and cracks must be included along with photos of any interior damage. This will assist the examiners in making a determination on the structure.

The last two pages of the document are simply an evaluation check sheet to be filled out by the architect, engineer, contractor or home owner. These pages are for screening purposes only and are an estimate of damages. Line items are prepared for each structure of the home. A check mark should be placed beside the line item being evaluated and under the corresponding estimated damage. Every application along with every picture submitted will be reviewed on a case by case basis. The paperwork can be mailed, dropped off, or brought to the Permitting Office located at the Charlotte County Administrative Complex 18400 Murdock Circle. If the home is close to the 50 percent ruling, examiners will contact the property owner. The office is mainly concerned with safety issues specifically with structural damages meaning the weight baring walls, and foundation. In addition, if your property is below base flood elevation and damaged 50 percent or more, your home will have to be raised to comply with the new flood plane regulations.

These steps are necessary so the County can continue to comply with FEMA as well as Florida Building Codes. By complying with these codes, Charlotte County is highest in the state equal to Miami-Dade County for flood insurance discount rates which translates into a savings of nearly 3 million per year in discounts for residents. This is an average savings of about $133 per home that carries flood insurance.

Contact Information

Building Construction Services Main Office:
Charlotte County Administrative Complex
18400 Murdock Circle
Port Charlotte, FL 33948
Main Number: (941) 743-1201
Fax  Number: (941) 743-1213
Automatic Inspection System: (941) 743-1966
bcs@charlottefl.com
Permitting Desk Hours 
Monday 9:00 AM - 4:45 PM
Tuesday - Friday   7:30 AM - 4:45PM

Permitting Services only are provided at:

  • Englewood Annex:
  • West Charlotte County, Administration Center
  • 6868 San Casa Drive
  • Englewood, FL  31224
  • Englewood Toll Free: 475-1463 ext 0
  • Fax  Number: (941) 475-0362
  • Punta Gorda Annex:
  • 7000 Florida Street
  • Punta Gorda, FL 
  • Phone Number: (941) 833-3824
  • Fax Number: (941) 833-3822