Bill Text: FL S0684 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential Building Permits
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 267 [S0684 Detail]
Download: Florida-2024-S0684-Comm_Sub.html
Bill Title: Residential Building Permits
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 267 [S0684 Detail]
Download: Florida-2024-S0684-Comm_Sub.html
Florida Senate - 2024 CS for SB 684
By the Committee on Community Affairs; and Senator DiCeglie
578-03037-24 2024684c1
1 A bill to be entitled
2 An act relating to residential building permits;
3 creating s. 177.073, F.S.; defining terms; requiring
4 certain governing bodies, by a date certain, to create
5 a program to expedite the process for issuing
6 residential building permits before a final plat is
7 recorded; providing an exception; requiring a
8 governing body to create certain processes for
9 purposes of the program; authorizing applicants to use
10 a private provider for certain reviews; authorizing a
11 governing body to issue addresses and temporary parcel
12 identification numbers for specified purposes;
13 requiring a governing body to issue a certain number
14 or percentage of building permits requested in an
15 application when certain conditions are met; providing
16 certain conditions for applicants who apply to the
17 program; providing that an applicant has a vested
18 right in an approved preliminary plat when certain
19 conditions are met; requiring local building officials
20 to mail a signed, certified letter with specified
21 information to the Department of Business and
22 Professional Regulation after the governing body
23 creates the program; amending s. 553.73, F.S.;
24 requiring the Florida Building Commission to modify a
25 specific provision of the Florida Building Code to
26 state that sealed drawings by a design professional
27 are not required for replacement and installation of
28 certain construction; requiring replacement windows,
29 doors, and garage doors to be installed in accordance
30 with the manufacturer’s instructions for appropriate
31 wind zones and to meet certain design pressures of the
32 Florida Building Code; requiring the manufacturer’s
33 instructions to be submitted with the permit
34 application for such replacements; defining the term
35 “windborne debris region”; providing construction;
36 amending s. 553.79, F.S.; removing provisions relating
37 to acquiring building permits for certain residential
38 dwellings; amending s. 553.791, F.S.; defining the
39 term “private provider firm”; requiring a fee owner or
40 the fee owner’s contractor to provide a specified
41 acknowledgment when notifying a local building
42 official that a private provider will be used to
43 provide building code inspection services; requiring
44 the local building official to issue a permit or
45 provide specified written notice to the permit
46 applicant within a certain timeframe; requiring that
47 such written notice provide specific information;
48 providing that the permit application is deemed
49 approved, and must be issued on the next business day,
50 if the local building official does not meet the
51 prescribed deadline; amending s. 553.792, F.S.;
52 revising the timeframes for approving, approving with
53 conditions, or denying certain building permits;
54 requiring the local government to follow the
55 prescribed timeframes unless those set by local
56 ordinance are more stringent; requiring a local
57 government to provide written notice to an applicant
58 under certain circumstances; requiring a local
59 government to reduce permit fees by a certain
60 percentage if certain deadlines are not met; providing
61 an exception; specifying requirements for the written
62 notice to the permit applicant; specifying a timeframe
63 for the applicant to correct the application;
64 specifying a timeframe for the local government and
65 local enforcement agency to approve or deny certain
66 building permits following revision; requiring a
67 reduction in the building permit fee if the approval
68 deadline is not met; providing an exception; amending
69 s. 553.80, F.S.; authorizing local governments to use
70 certain fees for certain technology upgrades; making
71 technical changes; amending s. 440.103, F.S.;
72 conforming a cross-reference; providing an effective
73 date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Section 177.073, Florida Statutes, is created to
78 read:
79 177.073 Expedited approval of residential building permits
80 before a final plat is recorded.—
81 (1) As used in this section, the term:
82 (a) “Final plat” means the final tracing, map, or site plan
83 presented by the subdivider to a governing body for final
84 approval and, upon approval by the appropriate governing body,
85 submitted to the clerk of the circuit court for recording.
86 (b) “Local building official” has the same meaning as in s.
87 553.791.
88 (c) “Plans” means any building plans, construction plans,
89 engineering plans, or site plans, or their functional
90 equivalent, submitted by an applicant for a building permit.
91 (d) “Preliminary plat” means a map or delineated
92 representation of the subdivision of lands which is a complete
93 and exact representation of the residential subdivision and
94 contains any additional information needed to be in compliance
95 with the requirements of this chapter.
96 (2)(a) By August 15, 2024, a governing body that has 30,000
97 residents or more shall create a program to expedite the process
98 for issuing building permits for residential subdivisions in
99 accordance with the Florida Building Code and this section
100 before a final plat is recorded with the clerk of the circuit
101 court.
102 (b) A governing body that has a program in place before
103 July 1, 2024, to expedite the building permit process, need only
104 update its program to approve an applicant’s request to issue up
105 to 50 percent of the building permits for the residential
106 subdivision in order to comply with this section.
107 (3) A governing body shall create all of the following:
108 (a) A two-step application process that includes the
109 adoption of a preliminary plat and a final plat in order to
110 expedite the issuance of building permits under this section.
111 The governing body shall maximize its administrative processes
112 to expedite the review and approval of applications, plats, and
113 plans submitted under this section.
114 (b) A master building permit application process consistent
115 with s. 553.794(3) for applicants seeking multiple building
116 permits for planned residential subdivisions.
117 (4) An applicant may use a private provider consistent with
118 s. 553.791 to review a preliminary plat and building permit for
119 each residential building or structure.
120 (5) A governing body may work with appropriate local
121 governmental agencies to issue an address and a temporary parcel
122 identification number for lot lines and lot sizes based on the
123 metes and bounds of the plat contained in the application.
124 (6) If an applicant requests a certain number or percentage
125 of building permits in his or her application, the governing
126 body must issue the number or percentage requested in accordance
127 with the Florida Building Code, provided the residential
128 buildings or structures are unoccupied and all of the following
129 conditions are met:
130 (a) The governing body has approved a preliminary plat for
131 each residential building or structure.
132 (b) The applicant provides proof to the governing body that
133 the applicant has given a copy of the approved preliminary plat,
134 along with the approved plans, to the relevant electric, water,
135 and wastewater utilities.
136 (c) The applicant holds a valid performance bond for up to
137 120 percent of the necessary utilities, roads, and stormwater
138 improvements that have not been completed upon submission of the
139 application under this section.
140 (7)(a) An applicant may contract to sell, but may not
141 transfer ownership of, a residential structure or building
142 located in the residential subdivision until the final plat is
143 approved by the governing body and recorded in the public
144 records by the clerk of the circuit court.
145 (b) An applicant may not obtain a final certificate of
146 occupancy with respect to each residential structure or building
147 for which a building permit is issued until the final plat is
148 approved by the governing body and recorded in the public
149 records by the clerk of the circuit court.
150 (c) An applicant must indemnify and hold harmless the
151 governing body and its agents and employees from damages,
152 including damages resulting from fire, flood, construction
153 defects, and bodily injury, accruing and directly related to the
154 issuance of a building permit for a residential building or
155 structure located in the residential subdivision before the
156 approval and recording of the final plat by the governing body.
157 (8) For purposes of this section, an applicant has a vested
158 right in a preliminary plat that has been approved by a
159 governing body if all of the following conditions are met:
160 (a) The applicant relies in good faith on the approved
161 preliminary plat.
162 (b) The applicant substantially changes his or her
163 position, including making improvements pursuant to s.
164 177.031(9), or incurs other obligations and expenses.
165 (c) Any change by the governing body would constitute an
166 inequitable interference in the approved preliminary plat.
167 (9) After a governing body creates the program required
168 under this section, the local building official shall send to
169 the Department of Business and Professional Regulation by
170 certified mail, return receipt requested, a signed, certified
171 letter indicating that the program has been established. The
172 letter must contain a brief explanation of the program,
173 including how the program expedites the process of issuing
174 building permits for residential subdivisions before the final
175 plat is recorded.
176 Section 2. Paragraphs (g) and (h) are added to subsection
177 (7) of section 553.73, Florida Statutes, to read:
178 553.73 Florida Building Code.—
179 (7)
180 (g) The Florida Building Commission shall modify section
181 505 of the Florida Building Code, 8th edition (2023) Existing
182 Building, to state that sealed drawings by a design professional
183 may not be required for the replacement of windows, doors, or
184 garage doors. Replacement windows, doors, and garage doors must
185 be installed in accordance with the manufacturer’s instructions
186 for the appropriate wind zone and must meet the design pressure
187 and the current Florida Building Code. The manufacturer’s
188 instructions must be submitted with the permit application for
189 replacement windows, doors, and garage doors. The manufacturer’s
190 installation instructions may be printed or in digital format.
191 (h) As used in this section, the term “windborne debris
192 region” has the same meaning as in the Florida Building Code,
193 7th edition, Residential, until the adoption of the 9th edition
194 of the Florida Building Code. This paragraph may not be
195 construed to prohibit a homeowner or contractor from voluntarily
196 complying with the definition of the term windborne debris
197 region originally established in the 8th edition, until the
198 adoption of the 9th edition.
199 Section 3. Subsection (16) of section 553.79, Florida
200 Statutes, is amended to read:
201 553.79 Permits; applications; issuance; inspections.—
202 (16) Except as provided in paragraph (e), a building permit
203 for a single-family residential dwelling must be issued within
204 30 business days after receiving the permit application unless
205 the permit application fails to satisfy the Florida Building
206 Code or the enforcing agency’s laws or ordinances.
207 (a) If a local enforcement agency fails to issue a building
208 permit for a single-family residential dwelling within 30
209 business days after receiving the permit application, it must
210 reduce the building permit fee by 10 percent for each business
211 day that it fails to meet the deadline. Each 10-percent
212 reduction shall be based on the original amount of the building
213 permit fee.
214 (b) A local enforcement agency does not have to reduce the
215 building permit fee if it provides written notice to the
216 applicant, by e-mail or United States Postal Service, within 30
217 business days after receiving the permit application, that
218 specifically states the reasons the permit application fails to
219 satisfy the Florida Building Code or the enforcing agency’s laws
220 or ordinances. The written notice must also state that the
221 applicant has 10 business days after receiving the written
222 notice to submit revisions to correct the permit application and
223 that failure to correct the application within 10 business days
224 will result in a denial of the application.
225 (c) The applicant has 10 business days after receiving the
226 written notice to address the reasons specified by the local
227 enforcement agency and submit revisions to correct the permit
228 application. If the applicant submits revisions within 10
229 business days after receiving the written notice, the local
230 enforcement agency has 10 business days after receiving such
231 revisions to approve or deny the building permit unless the
232 applicant agrees to a longer period in writing. If the local
233 enforcement agency fails to issue or deny the building permit
234 within 10 business days after receiving the revisions, it must
235 reduce the building permit fee by 20 percent for the first
236 business day that it fails to meet the deadline unless the
237 applicant agrees to a longer period in writing. For each
238 additional business day, but not to exceed 5 business days, that
239 the local enforcement agency fails to meet the deadline, the
240 building permit fee must be reduced by an additional 10 percent.
241 Each reduction shall be based on the original amount of the
242 building permit fee.
243 (d) If any building permit fees are refunded under this
244 subsection, the surcharges provided in s. 468.631 or s. 553.721
245 must be recalculated based on the amount of the building permit
246 fees after the refund.
247 (e) A building permit for a single-family residential
248 dwelling applied for by a contractor licensed in this state on
249 behalf of a property owner who participates in a Community
250 Development Block Grant–Disaster Recovery program administered
251 by the Department of Economic Opportunity must be issued within
252 15 working days after receipt of the application unless the
253 permit application fails to satisfy the Florida Building Code or
254 the enforcing agency’s laws or ordinances.
255 Section 4. Present paragraphs (o) through (r) of subsection
256 (1) and present subsections (10) through (21) of section
257 553.791, Florida Statutes, are redesignated as paragraphs (p)
258 through (s) and subsections (11) through (22), respectively, a
259 new paragraph (o) is added to subsection (1) and a new
260 subsection (10) is added to that section, and present paragraph
261 (o) of subsection (1), paragraph (c) of subsection (4),
262 paragraphs (b) and (d) of subsection (7), paragraph (b) of
263 present subsection (13), and paragraph (b) of present subsection
264 (16) of that section are amended, to read:
265 553.791 Alternative plans review and inspection.—
266 (1) As used in this section, the term:
267 (o) “Private provider firm” means a business organization,
268 including a corporation, partnership, business trust, or other
269 legal entity, which offers services under this chapter to the
270 public through licensees who are acting as agents, employees,
271 officers, or partners of the firm. A person who is licensed as a
272 building code administrator under part XII of chapter 468, as an
273 engineer under chapter 471, or as an architect under chapter 481
274 may act as a private provider for an agent, employee, or officer
275 of the private provider firm.
276 (p)(o) “Request for certificate of occupancy or certificate
277 of completion” means a properly completed and executed
278 application for:
279 1. A certificate of occupancy or certificate of completion.
280 2. A certificate of compliance from the private provider
281 required under subsection (12).
282 3. Any applicable fees.
283 4. Any documents required by the local building official to
284 determine that the fee owner has secured all other government
285 approvals required by law.
286
287 (4) A fee owner or the fee owner’s contractor using a
288 private provider to provide building code inspection services
289 shall notify the local building official in writing at the time
290 of permit application, or by 2 p.m. local time, 2 business days
291 before the first scheduled inspection by the local building
292 official or building code enforcement agency that a private
293 provider has been contracted to perform the required inspections
294 of construction under this section, including single-trade
295 inspections, on a form to be adopted by the commission. This
296 notice shall include the following information:
297 (c) An acknowledgment from the fee owner or the fee owner’s
298 contractor in substantially the following form:
299
300 I have elected to use one or more private providers to
301 provide building code plans review and/or inspection
302 services on the building or structure that is the
303 subject of the enclosed permit application, as
304 authorized by s. 553.791, Florida Statutes. I
305 understand that the local building official may not
306 review the plans submitted or perform the required
307 building inspections to determine compliance with the
308 applicable codes, except to the extent specified in
309 said law. Instead, plans review and/or required
310 building inspections will be performed by licensed or
311 certified personnel identified in the application. The
312 law requires minimum insurance requirements for such
313 personnel, but I understand that I may require more
314 insurance to protect my interests. By executing this
315 form, I acknowledge that I have made inquiry regarding
316 the competence of the licensed or certified personnel
317 and the level of their insurance and am satisfied that
318 my interests are adequately protected. I agree to
319 indemnify, defend, and hold harmless the local
320 government, the local building official, and their
321 building code enforcement personnel from any and all
322 claims arising from my use of these licensed or
323 certified personnel to perform building code
324 inspection services with respect to the building or
325 structure that is the subject of the enclosed permit
326 application.
327
328 If the fee owner or the fee owner’s contractor makes any changes
329 to the listed private providers or the services to be provided
330 by those private providers, the fee owner or the fee owner’s
331 contractor shall, within 1 business day after any change or
332 within 2 business days before the next scheduled inspection,
333 update the notice to reflect such changes. A change of a duly
334 authorized representative named in the permit application does
335 not require a revision of the permit, and the building code
336 enforcement agency shall not charge a fee for making the change.
337 (7)
338 (b) If the local building official provides a written
339 notice of plan deficiencies to the permit applicant within the
340 prescribed 20-day period, the 20-day period shall be tolled
341 pending resolution of the matter. To resolve the plan
342 deficiencies, the permit applicant may elect to dispute the
343 deficiencies pursuant to subsection (15) (14) or to submit
344 revisions to correct the deficiencies.
345 (d) If the local building official provides a second
346 written notice of plan deficiencies to the permit applicant
347 within the prescribed time period, the permit applicant may
348 elect to dispute the deficiencies pursuant to subsection (15)
349 (14) or to submit additional revisions to correct the
350 deficiencies. For all revisions submitted after the first
351 revision, the local building official has an additional 5
352 business days from the date of resubmittal to issue the
353 requested permit or to provide a written notice to the permit
354 applicant stating which of the previously identified plan
355 features remain in noncompliance with the applicable codes, with
356 specific reference to the relevant code chapters and sections.
357 (10) When the private provider is a person licensed as an
358 engineer under chapter 471 or as an architect under chapter 481
359 and affixes his or her professional seal to the affidavit
360 required under subsection (6), the local building official must
361 issue the requested permit or provide a written notice to the
362 permit applicant identifying the specific plan features that do
363 not comply with the applicable codes, as well as the specific
364 code chapters and sections, within 12 business days after
365 receipt of the permit application and affidavit. The local
366 building official must provide with specificity the plan’s
367 deficiencies, the reasons the permit application failed, and the
368 applicable codes being violated in such written notice. If the
369 local building official does not provide specific written notice
370 to the permit applicant within the prescribed 12-day period, the
371 permit application is deemed approved as a matter of law, and
372 the permit must be issued by the local building official on the
373 next business day.
374 (13)
375 (b) If the local building official does not provide notice
376 of the deficiencies within the applicable time periods under
377 paragraph (a), the request for a certificate of occupancy or
378 certificate of completion is automatically granted and deemed
379 issued as of the next business day. The local building official
380 must provide the applicant with the written certificate of
381 occupancy or certificate of completion within 10 days after it
382 is automatically granted and issued. To resolve any identified
383 deficiencies, the applicant may elect to dispute the
384 deficiencies pursuant to subsection (15) (14) or to submit a
385 corrected request for a certificate of occupancy or certificate
386 of completion.
387 (16)
388 (b) A local enforcement agency, local building official, or
389 local government may establish, for private provider firms,
390 private providers, and duly authorized representatives working
391 within that jurisdiction, a system of registration to verify
392 compliance with the licensure requirements of paragraph (1)(n)
393 and the insurance requirements of subsection (18) (17).
394 Section 5. Subsections (1) and (2) of section 553.792,
395 Florida Statutes, are amended to read:
396 553.792 Building permit application to local government.—
397 (1)(a) A local government must approve, approve with
398 conditions, or deny a building permit application after receipt
399 of a completed and sufficient application within the following
400 timeframes, unless the applicant waives such timeframes in
401 writing:
402 1. Within 30 business days after receiving a complete and
403 sufficient application, for an applicant using a local
404 government plans reviewer to obtain the following building
405 permits for structures less than 7,500 square feet: residential
406 units including a single-family residential unit or a single
407 family residential dwelling, accessory structure, alarm,
408 electrical, irrigation, landscaping, mechanical, plumbing, or
409 roofing.
410 2. Within 60 business days after receiving a complete and
411 sufficient application, for an applicant using a local
412 government plans reviewer to obtain the following building
413 permits for structures of 7,500 square feet or greater:
414 residential units including a single-family residential unit or
415 a single-family residential dwelling, accessory structure,
416 alarm, electrical, irrigation, landscaping, mechanical,
417 plumbing, or roofing.
418 3. Within 60 business days after receiving a complete and
419 sufficient application, for an applicant using a local
420 government plans reviewer to obtain the following building
421 permits: signs or nonresidential buildings less than 25,000
422 square feet.
423 4. Within 120 business days after receiving a complete and
424 sufficient application, for an applicant using a local
425 government plans reviewer to obtain the following building
426 permits: multifamily residential not exceeding 50 units; site
427 plan approvals and subdivision plats not requiring public
428 hearing or public notice; and lot grading and site alteration.
429 5. Within 15 business days after receiving a complete and
430 sufficient application, for an applicant using a master building
431 permit consistent with s. 553.794 to obtain a site-specific
432 building permit.
433 6. Within 10 business days after receiving a complete and
434 sufficient application, for an applicant for a single-family
435 residential dwelling applied for by a contractor licensed in
436 this state on behalf of a property owner who participates in a
437 Community Development Block Grant-Disaster Recovery program
438 administered by the Department of Commerce, unless the permit
439 application fails to satisfy the Florida Building Code or the
440 enforcing agency’s laws or ordinances.
441 (b) A local government must meet the timeframes set forth
442 in this section for reviewing building permit applications
443 unless the timeframes set by local ordinance are more stringent
444 than those prescribed in this section.
445 (c) After Within 10 days of an applicant submits submitting
446 an application to the local government, the local government
447 must provide written notice to the applicant within 5 business
448 days after receipt of the application advising shall advise the
449 applicant what information, if any, is needed to deem or
450 determine that the application is properly completed in
451 compliance with the filing requirements published by the local
452 government. If the local government does not provide timely
453 written notice that the applicant has not submitted the properly
454 completed application, the application is shall be automatically
455 deemed or determined to be properly completed and accepted.
456 Within 45 days after receiving a completed application, a local
457 government must notify an applicant if additional information is
458 required for the local government to determine the sufficiency
459 of the application, and shall specify the additional information
460 that is required. The applicant must submit the additional
461 information to the local government or request that the local
462 government act without the additional information. While the
463 applicant responds to the request for additional information,
464 the 120-day period described in this subsection is tolled. Both
465 parties may agree to a reasonable request for an extension of
466 time, particularly in the event of a force majeure or other
467 extraordinary circumstance. The local government must approve,
468 approve with conditions, or deny the application within 120 days
469 following receipt of a completed application.
470 (d) A local government shall maintain on its website a
471 policy containing procedures and expectations for expedited
472 processing of those building permits and development orders
473 required by law to be expedited.
474 (b)1. When reviewing an application for a building permit,
475 a local government may not request additional information from
476 the applicant more than three times, unless the applicant waives
477 such limitation in writing.
478 2. If a local government requests additional information
479 from an applicant and the applicant submits the requested
480 additional information to the local government within 30 days
481 after receiving the request, the local government must, within
482 15 days after receiving such information:
483 a. Determine if the application is properly completed;
484 b. Approve the application;
485 c. Approve the application with conditions;
486 d. Deny the application; or
487 e. Advise the applicant of information, if any, that is
488 needed to deem the application properly completed or to
489 determine the sufficiency of the application.
490 3. If a local government makes a second request for
491 additional information from the applicant and the applicant
492 submits the requested additional information to the local
493 government within 30 days after receiving the request, the local
494 government must, within 10 days after receiving such
495 information:
496 a. Determine if the application is properly completed;
497 b. Approve the application;
498 c. Approve the application with conditions;
499 d. Deny the application; or
500 e. Advise the applicant of information, if any, that is
501 needed to deem the application properly completed or to
502 determine the sufficiency of the application.
503 4. Before a third request for additional information may be
504 made, the applicant must be offered an opportunity to meet with
505 the local government to attempt to resolve outstanding issues.
506 If a local government makes a third request for additional
507 information from the applicant and the applicant submits the
508 requested additional information to the local government within
509 30 days after receiving the request, the local government must,
510 within 10 days after receiving such information unless the
511 applicant waived the local government’s limitation in writing,
512 determine that the application is complete and:
513 a. Approve the application;
514 b. Approve the application with conditions; or
515 c. Deny the application.
516 5. If the applicant believes the request for additional
517 information is not authorized by ordinance, rule, statute, or
518 other legal authority, the local government, at the applicant’s
519 request, must process the application and either approve the
520 application, approve the application with conditions, or deny
521 the application.
522 (e)(c) If a local government fails to meet a deadline under
523 this subsection provided in paragraphs (a) and (b), it must
524 reduce the building permit fee by 10 percent for each business
525 day that it fails to meet the deadline, unless the parties agree
526 in writing to a reasonable extension of time. Each 10-percent
527 reduction shall be based on the original amount of the building
528 permit fee, unless the parties agree to an extension of time.
529 (f) A local enforcement agency does not have to reduce the
530 building permit fee if it provides written notice to the
531 applicant by e-mail or United States Postal Service within the
532 respective timeframes in paragraph (a) which specifically states
533 the reasons the permit application fails to satisfy the Florida
534 Building Code or the enforcing agency’s laws or ordinances. The
535 written notice must also state that the applicant has 10
536 business days after receiving the written notice to submit
537 revisions to correct the permit application and that failure to
538 correct the application within 10 business days will result in a
539 denial of the application.
540 (g) If the applicant submits revisions within 10 business
541 days after receiving the written notice, the local enforcement
542 agency has 10 business days after receiving such revisions to
543 approve or deny the building permit unless the applicant agrees
544 to a longer period in writing. If the local enforcement agency
545 fails to issue or deny the building permit within 10 business
546 days after receiving the revisions, it must reduce the building
547 permit fee by 20 percent for each business day that it fails to
548 meet the deadline unless the applicant agrees to a longer period
549 in writing.
550 (2)(a) The procedures set forth in subsection (1) apply to
551 the following building permit applications: accessory structure;
552 alarm permit; nonresidential buildings less than 25,000 square
553 feet; electric; irrigation permit; landscaping; mechanical;
554 plumbing; residential units other than a single family unit;
555 multifamily residential not exceeding 50 units; roofing; signs;
556 site-plan approvals and subdivision plats not requiring public
557 hearings or public notice; and lot grading and site alteration
558 associated with the permit application set forth in this
559 subsection. The procedures set forth in subsection (1) do not
560 apply to permits for any wireless communications facilities or
561 when a law, agency rule, or local ordinance specify different
562 timeframes for review of local building permit applications.
563 (b) If a local government has different timeframes than the
564 timeframes set forth in subsection (1) for reviewing building
565 permit applications described in paragraph (a), the local
566 government must meet the deadlines established by local
567 ordinance. If a local government does not meet an established
568 deadline to approve, approve with conditions, or deny an
569 application, it must reduce the building permit fee by 10
570 percent for each business day that it fails to meet the
571 deadline. Each 10-percent reduction shall be based on the
572 original amount of the building permit fee, unless the parties
573 agree to an extension of time. This paragraph does not apply to
574 permits for any wireless communications facilities.
575 Section 6. Paragraph (a) of subsection (7) of section
576 553.80, Florida Statutes, is amended to read:
577 553.80 Enforcement.—
578 (7)(a) The governing bodies of local governments may
579 provide a schedule of reasonable fees, as authorized by s.
580 125.56(2) or s. 166.222 and this section, for enforcing this
581 part. These fees, and any fines or investment earnings related
582 to the fees, may shall be used only solely for carrying out the
583 local government’s responsibilities in enforcing the Florida
584 Building Code. When providing a schedule of reasonable fees, the
585 total estimated annual revenue derived from fees, and the fines
586 and investment earnings related to the fees, may not exceed the
587 total estimated annual costs of allowable activities. Any
588 unexpended balances must be carried forward to future years for
589 allowable activities or must be refunded at the discretion of
590 the local government. A local government may not carry forward
591 an amount exceeding the average of its operating budget for
592 enforcing the Florida Building Code for the previous 4 fiscal
593 years. For purposes of this subsection, the term “operating
594 budget” does not include reserve amounts. Any amount exceeding
595 this limit must be used as authorized in subparagraph 2.
596 However, a local government that established, as of January 1,
597 2019, a Building Inspections Fund Advisory Board consisting of
598 five members from the construction stakeholder community and
599 carries an unexpended balance in excess of the average of its
600 operating budget for the previous 4 fiscal years may continue to
601 carry such excess funds forward upon the recommendation of the
602 advisory board. The basis for a fee structure for allowable
603 activities must relate to the level of service provided by the
604 local government and must include consideration for refunding
605 fees due to reduced services based on services provided as
606 prescribed by s. 553.791, but not provided by the local
607 government. Fees charged must be consistently applied.
608 1. As used in this subsection, the phrase “enforcing the
609 Florida Building Code” includes the direct costs and reasonable
610 indirect costs associated with review of building plans,
611 building inspections, reinspections, and building permit
612 processing; building code enforcement; and fire inspections
613 associated with new construction. The phrase may also include
614 training costs associated with the enforcement of the Florida
615 Building Code and enforcement action pertaining to unlicensed
616 contractor activity to the extent not funded by other user fees.
617 2. A local government must use any excess funds that it is
618 prohibited from carrying forward to rebate and reduce fees, to
619 upgrade hardware and software technology systems to enhance
620 service delivery, or to pay for the construction of a building
621 or structure that houses a local government’s building code
622 enforcement agency, or for the training programs for building
623 officials, inspectors, or plans examiners associated with the
624 enforcement of the Florida Building Code. Excess funds used to
625 construct such a building or structure must be designated for
626 such purpose by the local government and may not be carried
627 forward for more than 4 consecutive years. An owner or builder
628 who has a valid building permit issued by a local government for
629 a fee, or an association of owners or builders located in the
630 state that has members with valid building permits issued by a
631 local government for a fee, may bring a civil action against the
632 local government that issued the permit for a fee to enforce
633 this subparagraph.
634 3. The following activities may not be funded with fees
635 adopted for enforcing the Florida Building Code:
636 a. Planning and zoning or other general government
637 activities.
638 b. Inspections of public buildings for a reduced fee or no
639 fee.
640 c. Public information requests, community functions,
641 boards, and any program not directly related to enforcement of
642 the Florida Building Code.
643 d. Enforcement and implementation of any other local
644 ordinance, excluding validly adopted local amendments to the
645 Florida Building Code and excluding any local ordinance directly
646 related to enforcing the Florida Building Code as defined in
647 subparagraph 1.
648 4. A local government must use recognized management,
649 accounting, and oversight practices to ensure that fees, fines,
650 and investment earnings generated under this subsection are
651 maintained and allocated or used solely for the purposes
652 described in subparagraph 1.
653 5. The local enforcement agency, independent district, or
654 special district may not require at any time, including at the
655 time of application for a permit, the payment of any additional
656 fees, charges, or expenses associated with:
657 a. Providing proof of licensure under chapter 489;
658 b. Recording or filing a license issued under this chapter;
659 c. Providing, recording, or filing evidence of workers’
660 compensation insurance coverage as required by chapter 440; or
661 d. Charging surcharges or other similar fees not directly
662 related to enforcing the Florida Building Code.
663 Section 7. Section 440.103, Florida Statutes, is amended to
664 read:
665 440.103 Building permits; identification of minimum premium
666 policy.—Every employer shall, as a condition to applying for and
667 receiving a building permit, show proof and certify to the
668 permit issuer that it has secured compensation for its employees
669 under this chapter as provided in ss. 440.10 and 440.38. Such
670 proof of compensation must be evidenced by a certificate of
671 coverage issued by the carrier, a valid exemption certificate
672 approved by the department, or a copy of the employer’s
673 authority to self-insure and shall be presented, electronically
674 or physically, each time the employer applies for a building
675 permit. As provided in s. 553.79(23) s. 553.79(24), for the
676 purpose of inspection and record retention, site plans or
677 building permits may be maintained at the worksite in the
678 original form or in the form of an electronic copy. These plans
679 and permits must be open to inspection by the building official
680 or a duly authorized representative, as required by the Florida
681 Building Code. As provided in s. 627.413(5), each certificate of
682 coverage must show, on its face, whether or not coverage is
683 secured under the minimum premium provisions of rules adopted by
684 rating organizations licensed pursuant to s. 627.221. The words
685 “minimum premium policy” or equivalent language shall be typed,
686 printed, stamped, or legibly handwritten.
687 Section 8. This act shall take effect July 1, 2024.
