Florida Senate - 2019                                    SB 1752
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01245-19                                            20191752__
    1                        A bill to be entitled                      
    2         An act relating to inspections and permits; amending
    3         ss. 125.56 and 166.222, F.S.; requiring a county or
    4         municipality that imposes inspection fees to establish
    5         an expedited inspection process that provides priority
    6         processing for such inspections; authorizing the
    7         county or municipality to charge an additional fee up
    8         to a specified amount for the expedited inspection
    9         process; amending s. 553.792, F.S.; requiring a local
   10         government that imposes permit fees to establish an
   11         expedited permitting process that provides priority
   12         processing for such permits; authorizing the local
   13         government to charge an additional fee up to a
   14         specified amount for the expedited inspection process;
   15         providing that the local government must require the
   16         applicant to pay only a specified percentage of the
   17         fees due upon receipt of an application; providing for
   18         a reduction of the outstanding fees due under certain
   19         circumstances; providing for a refund of fees under
   20         certain circumstances; specifying that certain
   21         procedures apply to building permit applications for
   22         any nonresidential buildings, instead of
   23         nonresidential buildings less than a specified size;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (2) of section 125.56, Florida
   29  Statutes, is amended to read:
   30         125.56 Enforcement and amendment of the Florida Building
   31  Code and the Florida Fire Prevention Code; inspection fees;
   32  inspectors; etc.—
   33         (2)(a) The board of county commissioners of each of the
   34  several counties may provide a schedule of reasonable inspection
   35  fees in order to defer the costs of inspection and enforcement
   36  of the provisions of this act, and of the Florida Building Code
   37  and the Florida Fire Prevention Code.
   38         (b) A county that imposes inspection fees as described in
   39  paragraph (a) must establish an expedited inspection process
   40  that provides priority processing for such inspections. The
   41  county may charge an additional fee in an amount not to exceed
   42  two times the fee for the inspection for which the applicant
   43  requests expedited processing.
   44         Section 2. Section 166.222, Florida Statutes, is amended to
   45  read:
   46         166.222 Building code inspection fees.—
   47         (1) The governing body of a municipality may provide a
   48  schedule of reasonable inspection fees in order to defer the
   49  costs of inspection and enforcement of the provisions of its
   50  building code.
   51         (2) A municipality that imposes inspection fees as
   52  described in subsection (1) must establish an expedited
   53  inspection process that provides priority processing for such
   54  inspections. The municipality may charge an additional fee in an
   55  amount not to exceed two times the fee for the inspection for
   56  which the applicant requests expedited processing.
   57         Section 3. Present subsection (2) of section 553.792,
   58  Florida Statutes, is redesignated as subsection (3), subsection
   59  (1) and present subsection (2) of that section are amended, and
   60  a new subsection (2) is added to that section, to read:
   61         553.792 Building permit application to local government.—
   62         (1)(a) Within 10 days of an applicant submitting an
   63  application to the local government, the local government shall
   64  advise the applicant what information, if any, is needed to deem
   65  the application properly completed in compliance with the filing
   66  requirements published by the local government. If the local
   67  government does not provide written notice that the applicant
   68  has not submitted the properly completed application, the
   69  application shall be automatically deemed properly completed and
   70  accepted. Within 45 days after receiving a completed
   71  application, a local government must notify an applicant if
   72  additional information is required for the local government to
   73  determine the sufficiency of the application, and shall specify
   74  the additional information that is required. The applicant must
   75  submit the additional information to the local government or
   76  request that the local government act without the additional
   77  information. While the applicant responds to the request for
   78  additional information, the 120-day period described in this
   79  subsection is tolled. Both parties may agree to a reasonable
   80  request for an extension of time, particularly in the event of a
   81  force major or other extraordinary circumstance. The local
   82  government must approve, approve with conditions, or deny the
   83  application within 120 days following receipt of a completed
   84  application.
   85         (b) A local government that imposes permit fees must
   86  establish an expedited permitting process that provides priority
   87  processing for such permits. The local government may charge an
   88  additional fee in an amount not to exceed two times the fee for
   89  the permit for which the applicant requests expedited
   90  processing.
   91         (2)(a) Upon receipt of an application to the local
   92  government, the local government must require the applicant to
   93  pay only 50 percent of the fees due.
   94         (b) Whenever a local government does not meet an
   95  established deadline for processing a completed application, the
   96  fee associated with such deadline must be reduced by 10 percent
   97  of the original amount for every 10 business days the local
   98  government fails to meet its established deadline.
   99         (c) Upon approval of an application, the local government
  100  must notify and inform the applicant of the amount of fees due,
  101  reduced by the amount, if any, required under paragraph (b), and
  102  must require payment of such fees before the issuance of any
  103  certificate or permit.
  104         (d) If the amount of fees due has been reduced by more than
  105  50 percent of the original fee, the local government must issue
  106  a refund of any fees that are due to the applicant upon issuance
  107  of the certificate or permit.
  108         (3)(2) The procedures in this section set forth in
  109  subsection (1) apply to the following building permit
  110  applications: accessory structure; alarm permit; nonresidential
  111  buildings less than 25,000 square feet; electric; irrigation
  112  permit; landscaping; mechanical; plumbing; residential units
  113  other than a single family unit; multifamily residential not
  114  exceeding 50 units; roofing; signs; site-plan approvals and
  115  subdivision plats not requiring public hearings or public
  116  notice; and lot grading and site alteration associated with the
  117  permit application set forth in this subsection. The procedures
  118  in this section set forth in subsection (1) do not apply to
  119  permits for any wireless communications facilities or when a
  120  law, agency rule, or local ordinance specifies specify different
  121  timeframes for review of local building permit applications.
  122         Section 4. This act shall take effect July 1, 2019.