Senate Bill sb2286c1

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    Florida Senate - 2005                           CS for SB 2286

    By the Committee on Community Affairs; and Senator Bennett





    578-1912-05

  1                      A bill to be entitled

  2         An act relating to building permit

  3         applications; requiring that a local government

  4         automatically consider an application for a

  5         building permit to be properly completed unless

  6         the applicant is notified in writing within a

  7         specified period that additional information is

  8         required; requiring that the local government

  9         notify an applicant following receipt of a

10         completed application for a building permit if

11         additional information is required and to

12         approve, approve with conditions, or deny an

13         application within a specified period;

14         specifying those building permit applications

15         to which the act applies; exempting wireless

16         communication facilities from application of

17         the act; providing that the act does not

18         supersede any other provision of law, rule, or

19         local ordinance; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Applications to local governments for

24  building permits.--

25         (1)(a)  Within 10 days after an applicant submits an

26  application to a local government for a building permit, the

27  local government shall advise the applicant what information,

28  if any, is needed in order for the application to be properly

29  completed in compliance with the permit-application

30  requirements published by the local government. If the local

31  government does not provide written notice that the applicant

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    Florida Senate - 2005                           CS for SB 2286
    578-1912-05




 1  has failed to submit the properly completed application, the

 2  applicant shall automatically be deemed to have properly

 3  completed the application and the application shall be

 4  accepted and available for processing.

 5         (b)  If additional information is required in order for

 6  the local government to determine the sufficiency of the

 7  application, the local government shall notify the applicant

 8  within 45 days after receipt of the completed application and

 9  shall specify any additional information that is required. The

10  applicant must submit the additional information to the local

11  government or request that the local government act without

12  the additional information. While the applicant responds to

13  the request for additional information, the 120-day period

14  prescribed under paragraph (c) is tolled. Both parties may

15  agree to a reasonable request for an extension of time,

16  particularly in the event of a force majeure or other

17  extraordinary circumstances.

18         (c)  Within 120 days following the receipt of the

19  completed application for a building permit, the local

20  government must approve, approve with conditions, or deny the

21  application.

22         (2)(a)  The procedures provided in subsection (1) apply

23  to applications for a permit for an accessory structure, an

24  alarm permit, a permit for a nonresidential building of less

25  than 25,000 square feet, an electrical permit, an irrigation

26  permit, a landscaping permit, a mechanical permit, a plumbing

27  permit, a permit for a residential unit other than a

28  single-family unit, a permit for a multifamily residential

29  unit that does not exceed 50 units, a roofing permit, a permit

30  for a sign, a permit for site-plan approval or a subdivision

31  plat that does not require a public hearing or public notice,

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    Florida Senate - 2005                           CS for SB 2286
    578-1912-05




 1  and a permit for lot grading or site alteration that is

 2  associated with an application for any permit specified in

 3  this paragraph.

 4         (b)  Subsection (1) does not apply to a permit for any

 5  wireless communication facility and does not supersede any

 6  other provision of law, rule, or local ordinance which

 7  specifies a different timeframe for review of an application

 8  for a local building permit.

 9         Section 2.  This act shall take effect July 1, 2005.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 2286

13                                 

14  The CS increases the length of time local governments have to
    review specified building permit applications from 90 to 120
15  days.

16  The CS provides requirements relating to the completeness of
    permit applications and notice of sufficiency by the local
17  government.

18  The CS specifies the types of building permits that are
    subject to the 120-day processing requirement.
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    The CS provides that the 120-day permit processing timeframe
20  does not supersede any other provision of law, rule, or local
    ordinance which specifies a different timeframe for review of
21  an application for a local building permit.

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