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.