Bill Text: FL S0682 | 2023 | Regular Session | Introduced
Bill Title: Residential Building Permits
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-05-05 - Died in Community Affairs [S0682 Detail]
Download: Florida-2023-S0682-Introduced.html
Florida Senate - 2023 SB 682
By Senator DiCeglie
18-00896A-23 2023682__
1 A bill to be entitled
2 An act relating to residential building permits;
3 amending s. 553.79, F.S.; deleting provisions relating
4 to issuing building permits for certain residential
5 dwellings; amending s. 553.791, F.S.; requiring a
6 local jurisdiction to reduce permit fees by a
7 specified percentage under certain circumstances;
8 amending s. 553.792, F.S.; revising the timeframes for
9 approving or denying certain building permits;
10 revising how many times a local government may request
11 additional information from an applicant; specifying
12 when a permit application is deemed complete and
13 sufficient; revising the actions a local government
14 must take after receiving specified information;
15 requiring local governments to offer certain
16 applicants the opportunity to meet in person or
17 electronically; providing requirements for such
18 meetings; reducing permit fees by a certain percentage
19 if certain timeframes are not met; authorizing both
20 parties to extend certain timeframes under certain
21 circumstances; specifying that the permit requirements
22 apply to single-family residential units and single
23 family residential dwellings; requiring local
24 governments to follow the prescribed timeframes unless
25 the local ordinance is more stringent; conforming
26 provisions to changes made by the act; amending s.
27 440.103, F.S.; conforming a cross-reference; providing
28 an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (16) of section 553.79, Florida
33 Statutes, is amended to read:
34 553.79 Permits; applications; issuance; inspections.—
35 (16) Except as provided in paragraph (e), a building permit
36 for a single-family residential dwelling must be issued within
37 30 business days after receiving the permit application unless
38 the permit application fails to satisfy the Florida Building
39 Code or the enforcing agency’s laws or ordinances.
40 (a) If a local enforcement agency fails to issue a building
41 permit for a single-family residential dwelling within 30
42 business days after receiving the permit application, it must
43 reduce the building permit fee by 10 percent for each business
44 day that it fails to meet the deadline. Each 10-percent
45 reduction shall be based on the original amount of the building
46 permit fee.
47 (b) A local enforcement agency does not have to reduce the
48 building permit fee if it provides written notice to the
49 applicant, by e-mail or United States Postal Service, within 30
50 business days after receiving the permit application, that
51 specifically states the reasons the permit application fails to
52 satisfy the Florida Building Code or the enforcing agency’s laws
53 or ordinances. The written notice must also state that the
54 applicant has 10 business days after receiving the written
55 notice to submit revisions to correct the permit application and
56 that failure to correct the application within 10 business days
57 will result in a denial of the application.
58 (c) The applicant has 10 business days after receiving the
59 written notice to address the reasons specified by the local
60 enforcement agency and submit revisions to correct the permit
61 application. If the applicant submits revisions within 10
62 business days after receiving the written notice, the local
63 enforcement agency has 10 business days after receiving such
64 revisions to approve or deny the building permit unless the
65 applicant agrees to a longer period in writing. If the local
66 enforcement agency fails to issue or deny the building permit
67 within 10 business days after receiving the revisions, it must
68 reduce the building permit fee by 20 percent for the first
69 business day that it fails to meet the deadline unless the
70 applicant agrees to a longer period in writing. For each
71 additional business day, but not to exceed 5 business days, that
72 the local enforcement agency fails to meet the deadline, the
73 building permit fee must be reduced by an additional 10 percent.
74 Each reduction shall be based on the original amount of the
75 building permit fee.
76 (d) If any building permit fees are refunded under this
77 subsection, the surcharges provided in s. 468.631 or s. 553.721
78 must be recalculated based on the amount of the building permit
79 fees after the refund.
80 (e) A building permit for a single-family residential
81 dwelling applied for by a contractor licensed in this state on
82 behalf of a property owner who participates in a Community
83 Development Block Grant–Disaster Recovery program administered
84 by the Department of Economic Opportunity must be issued within
85 15 working days after receipt of the application unless the
86 permit application fails to satisfy the Florida Building Code or
87 the enforcing agency’s laws or ordinances.
88 Section 2. Paragraph (b) of subsection (2) of section
89 553.791, Florida Statutes, is amended to read:
90 553.791 Alternative plans review and inspection.—
91 (2)
92 (b) If an owner or contractor retains a private provider
93 for purposes of plans review or building inspection services,
94 the local jurisdiction must reduce the permit fee by 75 percent
95 the amount of cost savings realized by the local enforcement
96 agency for not having to perform such services. Such reduction
97 may be calculated on a flat fee or percentage basis, or any
98 other reasonable means by which a local enforcement agency
99 assesses the cost for its plans review or inspection services.
100 The local jurisdiction may not charge fees for building
101 inspections if the fee owner or contractor hires a private
102 provider to perform such services; however, the local
103 jurisdiction may charge a reasonable administrative fee, which
104 must shall be based on the cost that is actually incurred,
105 including the labor cost of the personnel providing the service,
106 by the local jurisdiction or attributable to the local
107 jurisdiction for the clerical and supervisory assistance
108 required, or both.
109 Section 3. Subsections (1) and (2) of section 553.792,
110 Florida Statutes, are amended to read:
111 553.792 Building permit application to local government.—
112 (1)(a) After Within 10 days of an applicant submits
113 submitting an application to the local government, the local
114 government must provide written notice to the applicant within 3
115 calendar days after receipt of the application advising shall
116 advise the applicant what information, if any, is needed to deem
117 the application properly completed in compliance with the filing
118 requirements published by the local government. If the local
119 government does not provide timely written notice that the
120 applicant has not submitted a the properly completed
121 application, the application is shall be automatically deemed
122 properly completed and sufficient accepted.
123 (b) Within 9 calendar 45 days after receiving a completed
124 application, a local government must provide written notice to
125 notify an applicant if additional information is required for
126 the local government to determine the sufficiency of the
127 application, and the notice must shall specify the additional
128 information that is required. The applicant may must submit the
129 additional information to the local government or request that
130 the local government act without the additional information.
131 While the applicant responds to the request for additional
132 information, the 120-day period described in this subsection is
133 tolled. Both parties may agree to a reasonable request for an
134 extension of time, particularly in the event of a force majeure
135 or other extraordinary circumstance. The local government must
136 approve, approve with conditions, or deny the application within
137 120 days following receipt of a completed application.
138 (c)1.(b)1. When reviewing an application for a building
139 permit, a local government may not request additional
140 information from the applicant more than two three times, unless
141 the applicant waives such limitation in writing.
142 2. If a local government requests additional information
143 from an applicant and the applicant submits the requested
144 additional information to the local government within 30 days
145 after receiving the request, the local government must, within 9
146 calendar 15 days after receiving such information:
147 a. Determine if the application is properly completed;
148 b. Approve the application;
149 c. Approve the application with conditions; or
150 d. Deny the application; or
151 e. Advise the applicant in writing of information needed,
152 if any, that is needed to deem the application properly
153 completed or to determine the sufficiency of the application.
154 3. If a local government makes a second request for
155 additional information from the applicant and the applicant
156 submits the requested additional information to the local
157 government within 30 days after receiving the request, the local
158 government must, within 10 days after receiving such
159 information:
160 a. Determine if the application is properly completed;
161 b. Approve the application;
162 c. Approve the application with conditions;
163 d. Deny the application; or
164 e. Advise the applicant of information, if any, that is
165 needed to deem the application properly completed or to
166 determine the sufficiency of the application.
167 4. Before a second third request for additional information
168 may be made, the local government must offer the applicant must
169 be offered an opportunity to meet in person or electronically
170 with the local government to attempt to resolve outstanding
171 issues. The in-person or electronic meeting must occur within 5
172 calendar days after the applicant notifies the local government
173 in writing that he or she wants to meet unless the applicant
174 agrees to a longer time period in writing.
175 4. If a local government makes a second third request for
176 additional information from the applicant and the applicant
177 submits the requested additional information to the local
178 government within 30 days after receiving the request, the local
179 government must, within 9 calendar 10 days after receiving such
180 information unless the applicant waived the local government’s
181 time limitation in writing, determine that the application is
182 complete and:
183 a. Approve the application;
184 b. Approve the application with conditions; or
185 c. Deny the application and state the sufficient reason for
186 denial.
187 5. If the applicant believes the request for additional
188 information is not authorized by ordinance, rule, statute, or
189 other legal authority, the local government, at the applicant’s
190 written request, must process the application within 9 calendar
191 days after receipt of the request and either approve the
192 application, approve the application with conditions, or deny
193 the application.
194 6. If a local government does not notify the applicant that
195 the application is approved, approved with conditions, or denied
196 within 9 calendar days after the local government receives the
197 additional information requested under subparagraph 4., the
198 application is deemed approved.
199 (d) The following timeframes apply for single-family or
200 two-family dwellings or townhomes located within a master plan
201 community for which the permit for the master plan community has
202 already been approved under s. 553.794:
203 1. After an applicant submits an application to the local
204 government, the local government must provide written notice to
205 the applicant within 1 calendar day after receipt of the
206 application advising the applicant what information, if any, is
207 needed to deem the application properly completed in compliance
208 with the filing requirements published by the local government.
209 If the local government does not provide timely written notice
210 that the applicant has not submitted a properly completed
211 application, the application is automatically deemed properly
212 completed and approved.
213 2. Within 5 calendar days after receiving a completed
214 application, a local government must provide written notice to
215 an applicant if additional information is required for the local
216 government to determine the sufficiency of the application, and
217 the notice must specify the additional information that is
218 required. The applicant may submit the additional information to
219 the local government or request that the local government act
220 without the additional information.
221 3. When reviewing an application under this paragraph, a
222 local government may not request additional information from the
223 applicant more than once, unless the applicant waives such
224 limitation in writing.
225 4. If a local government requests additional information
226 from the applicant and the applicant submits the requested
227 additional information to the local government, the local
228 government must, within 5 calendar days after receiving such
229 information unless the applicant waived the local government’s
230 time limitation in writing, determine that the application is
231 complete and:
232 a. Approve the application;
233 b. Approve the application with conditions; or
234 c. Deny the application.
235 5. If a local government does not notify the applicant that
236 the application is approved, approved with conditions, or denied
237 within 5 calendar days after the local government receives the
238 additional information requested under subparagraph 4., the
239 application is deemed approved.
240 6. If an owner or contractor retains a private provider for
241 purposes of plans review, the timeframes in subparagraphs 2.,
242 4., and 5. are reduced to 3 calendar days.
243 (e) A building permit for a single-family residential
244 dwelling applied for by a contractor licensed in this state on
245 behalf of a property owner who participates in a Community
246 Development Block Grant–Disaster Recovery program administered
247 by the Department of Economic Opportunity must be issued within
248 9 calendar days after receipt of the application unless the
249 permit application fails to satisfy the Florida Building Code or
250 the enforcing agency’s laws or ordinances.
251 (f)(c) If a local government fails to meet a deadline set
252 under this subsection provided in paragraphs (a) and (b), it
253 must reduce the building permit fee by 10 percent for each
254 calendar business day that it fails to meet the deadline, unless
255 the parties agree in writing to a reasonable extension of time.
256 Each 10-percent reduction shall be based on the original amount
257 of the building permit fee, unless the parties agree to an
258 extension of time.
259 (2)(a) The procedures set forth in subsection (1) apply to
260 the following building permit applications: accessory structure;
261 alarm permit; nonresidential buildings less than 25,000 square
262 feet; electric; irrigation permit; landscaping; mechanical;
263 plumbing; residential units, including other than a single
264 family residential single family unit or a single-family
265 residential dwelling; multifamily residential not exceeding 50
266 units; roofing; signs; site-plan approvals and subdivision plats
267 not requiring public hearings or public notice; and lot grading
268 and site alteration associated with the permit application set
269 forth in this subsection. The procedures set forth in subsection
270 (1) do not apply to permits for any wireless communications
271 facilities or when a law, agency rule, or local ordinance
272 specify different timeframes for review of local building permit
273 applications.
274 (b) If A local government must meet has different
275 timeframes than the timeframes set forth in subsection (1) for
276 reviewing building permit applications described in paragraph
277 (a) unless the timeframes set, the local government must meet
278 the deadlines established by local ordinance are more stringent
279 than those prescribed in subsection (1). If a local government
280 does not meet an established deadline to approve, approve with
281 conditions, or deny an application, it must reduce the building
282 permit fee by 10 percent for each business day that it fails to
283 meet the deadline. Each 10-percent reduction shall be based on
284 the original amount of the building permit fee, unless the
285 parties agree to an extension of time. This paragraph does not
286 apply to permits for any wireless communications facilities.
287 Section 4. Section 440.103, Florida Statutes, is amended to
288 read:
289 440.103 Building permits; identification of minimum premium
290 policy.—Every employer shall, as a condition to applying for and
291 receiving a building permit, show proof and certify to the
292 permit issuer that it has secured compensation for its employees
293 under this chapter as provided in ss. 440.10 and 440.38. Such
294 proof of compensation must be evidenced by a certificate of
295 coverage issued by the carrier, a valid exemption certificate
296 approved by the department, or a copy of the employer’s
297 authority to self-insure and shall be presented, electronically
298 or physically, each time the employer applies for a building
299 permit. As provided in s. 553.79(22) s. 553.79(23), for the
300 purpose of inspection and record retention, site plans or
301 building permits may be maintained at the worksite in the
302 original form or in the form of an electronic copy. These plans
303 and permits must be open to inspection by the building official
304 or a duly authorized representative, as required by the Florida
305 Building Code. As provided in s. 627.413(5), each certificate of
306 coverage must show, on its face, whether or not coverage is
307 secured under the minimum premium provisions of rules adopted by
308 rating organizations licensed pursuant to s. 627.221. The words
309 “minimum premium policy” or equivalent language shall be typed,
310 printed, stamped, or legibly handwritten.
311 Section 5. This act shall take effect July 1, 2023.
