Bill Amendment: FL S1752 | 2019 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Inspections and Permits

Status: 2019-05-03 - Died in Innovation, Industry, and Technology [S1752 Detail]

Download: Florida-2019-S1752-Senate_Committee_Amendment_462060.html

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       Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1752
       
       
       
       
       
       
                                Ì462060pÎ462060                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 125.56, Florida
    6  Statutes, is amended to read:
    7         125.56 Enforcement and amendment of the Florida Building
    8  Code and the Florida Fire Prevention Code; inspection fees;
    9  inspectors; etc.—
   10         (2)(a) The board of county commissioners of each of the
   11  several counties may provide a schedule of reasonable inspection
   12  fees in order to defer the costs of inspection and enforcement
   13  of the provisions of this act, and of the Florida Building Code
   14  and the Florida Fire Prevention Code.
   15         (b) A county that imposes inspection fees as described in
   16  paragraph (a) may establish an expedited inspection process that
   17  provides priority processing for such inspections. The county
   18  may charge an additional fee in an amount not to exceed two
   19  times the fee for the inspection for which the applicant
   20  requests expedited processing.
   21         Section 2. Section 166.222, Florida Statutes, is amended to
   22  read:
   23         166.222 Building code inspection fees.—
   24         (1) The governing body of a municipality may provide a
   25  schedule of reasonable inspection fees in order to defer the
   26  costs of inspection and enforcement of the provisions of its
   27  building code.
   28         (2) A municipality that imposes inspection fees as
   29  described in subsection (1) may establish an expedited
   30  inspection process that provides priority processing for such
   31  inspections. The municipality may charge an additional fee in an
   32  amount not to exceed two times the fee for the inspection for
   33  which the applicant requests expedited processing.
   34         Section 3. Present subsection (2) of section 553.792,
   35  Florida Statutes, is redesignated as subsection (3), subsection
   36  (1) and present subsection (2) of that section are amended, and
   37  a new subsection (2) is added to that section, to read:
   38         553.792 Building permit application to local government.—
   39         (1)(a) Within 10 days of an applicant submitting an
   40  application to the local government, the local government shall
   41  advise the applicant what information, if any, is needed to deem
   42  the application properly completed in compliance with the filing
   43  requirements published by the local government. If the local
   44  government does not provide written notice that the applicant
   45  has not submitted the properly completed application, the
   46  application shall be automatically deemed properly completed and
   47  accepted. Within 45 days after receiving a completed
   48  application, a local government must notify an applicant if
   49  additional information is required for the local government to
   50  determine the sufficiency of the application, and shall specify
   51  the additional information that is required. The applicant must
   52  submit the additional information to the local government or
   53  request that the local government act without the additional
   54  information. While the applicant responds to the request for
   55  additional information, the 120-day period described in this
   56  subsection is tolled. Both parties may agree to a reasonable
   57  request for an extension of time, particularly in the event of a
   58  force major or other extraordinary circumstance. The local
   59  government must approve, approve with conditions, or deny the
   60  application within 120 days following receipt of a completed
   61  application.
   62         (b) A local government that imposes permit fees may
   63  establish an expedited permitting process that provides priority
   64  processing for such permits. The local government may charge an
   65  additional fee in an amount not to exceed two times the fee for
   66  the permit for which the applicant requests expedited
   67  processing.
   68         (2)(a) Upon receipt of an application to the local
   69  government, the local government must require the applicant to
   70  pay only 50 percent of the fees due.
   71         (b) Whenever a local government does not meet an
   72  established deadline for processing a completed application, the
   73  fee associated with such deadline must be reduced by 10 percent
   74  of the original amount for every 10 business days the local
   75  government fails to meet its established deadline.
   76         (c) Upon approval of an application, the local government
   77  must notify and inform the applicant of the amount of fees due,
   78  reduced by the amount, if any, required under paragraph (b), and
   79  must require payment of such fees before the issuance of any
   80  certificate or permit.
   81         (d) If the amount of fees due has been reduced by more than
   82  50 percent of the original fee, the local government must issue
   83  a refund of any fees that are due to the applicant upon issuance
   84  of the certificate or permit.
   85         (3)(2) The procedures in this section set forth in
   86  subsection (1) apply to the following building permit
   87  applications: accessory structure; alarm permit; nonresidential
   88  buildings less than 25,000 square feet; electric; irrigation
   89  permit; landscaping; mechanical; plumbing; residential units
   90  other than a single family unit; multifamily residential not
   91  exceeding 50 units; roofing; signs; site-plan approvals and
   92  subdivision plats not requiring public hearings or public
   93  notice; and lot grading and site alteration associated with the
   94  permit application set forth in this subsection. The procedures
   95  in this section set forth in subsection (1) do not apply to
   96  permits for any wireless communications facilities or when a
   97  law, agency rule, or local ordinance specifies specify different
   98  timeframes for review of local building permit applications.
   99         Section 4. This act shall take effect October 1, 2019.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete everything before the enacting clause
  104  and insert:
  105                        A bill to be entitled                      
  106         An act relating to inspections and permits; amending
  107         ss. 125.56 and 166.222, F.S.; authorizing a county or
  108         municipality that imposes inspection fees to establish
  109         an expedited inspection process that provides priority
  110         processing for such inspections; authorizing the
  111         county or municipality to charge an additional fee up
  112         to a specified amount for the expedited inspection
  113         process; amending s. 553.792, F.S.; authorizing a
  114         local government that imposes permit fees to establish
  115         an expedited permitting process that provides priority
  116         processing for such permits; authorizing the local
  117         government to charge an additional fee up to a
  118         specified amount for the expedited inspection process;
  119         providing that the local government must require the
  120         applicant to pay only a specified percentage of the
  121         fees due upon receipt of an application; providing for
  122         a reduction of the outstanding fees due under certain
  123         circumstances; providing for a refund of fees under
  124         certain circumstances; specifying that certain
  125         procedures apply to building permit applications for
  126         any nonresidential buildings, instead of
  127         nonresidential buildings less than a specified size;
  128         providing an effective date.