Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1788 Ì643594EÎ643594 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/11/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 34 - 261 4 and insert: 5 Section 1. Subsection (2) of section 125.022, Florida 6 Statutes, is amended to read: 7 125.022 Development permits and orders.— 8 (2)(a) When reviewing an application for a development 9 permit or development order that is certified by a professional 10 listed in s. 403.0877, a county may not request additional 11 information from the applicant more than three times, unless the 12 applicant waives the limitation in writing. 13 (b) If a county makes a request for additional information 14 and the applicant submits the required additional information 15 within 30 days after receiving the request, the county must 16 review the application for completeness and issue a letter 17 indicating that all required information has been submitted or 18 specify with particularity any areas that are deficient within 19 30 days after receiving the additional information. 20 (c) If a county makes a second request for additional 21 information and the applicant submits the required additional 22 information within 30 days after receiving the request, the 23 county must review the application for completeness and issue a 24 letter indicating that all required information has been 25 submitted or specify with particularity any areas that are 26 deficient within 10 days after receiving the additional 27 information. 28 (d) Before a third request for additional information, the 29 applicant must be offered a meeting to attempt to resolve 30 outstanding issues. If a county makes a third request for 31 additional information and the applicant submits the required 32 additional information within 30 days after receiving the 33 request, the county must deem the application complete within 10 34 days after receiving the additional information or proceed to 35 process the application for approval or denial unless the 36 applicant waived the county’s limitation in writing as described 37 in paragraph (a). 38 (e) Except as provided in subsection (5), if the applicant 39 believes the request for additional information is not 40 authorized by ordinance, rule, statute, or other legal 41 authority, the county, at the applicant’s request, shall proceed 42 to process the application for approval or denial. 43 Section 2. Paragraph (b) of subsection (4) of section 44 125.56, Florida Statutes, is amended, and paragraph (f) is added 45 to that subsection, to read: 46 125.56 Enforcement and amendment of the Florida Building 47 Code and the Florida Fire Prevention Code; inspection fees; 48 inspectors; etc.— 49 (4) 50 (b) A county that issues building permits shall post each 51 type of building permit application, including a list of all 52 required attachments, drawings, or other requirements for each 53 type of application, on its website. A county must post and 54 update the status of every received application on its website 55 until the issuance of the building permit. Completed 56 applications, including payments, attachments, drawings, or 57 other requirements or parts of the completed permit application, 58 must be able to be submitted electronically to the county 59 building department. Accepted methods of electronic submission 60 include, but are not limited to, e-mail submission of 61 applications in Portable Document Format or submission of 62 applications through an electronic fill-in form available on the 63 building department’s website or through a third-party 64 submission management software. Completed applications, 65 including payments, attachments,ordrawings, or other 66 requirements or partsrequired as partof the completed permit 67 application, may also be submitted in person in a nonelectronic 68 format, at the discretion of the building official. 69 (f) A county that issues building permits must post its 70 procedures for processing, reviewing, and approving submitted 71 building permit applications on its website. 72 Section 3. Subsection (2) of section 166.033, Florida 73 Statutes, is amended to read: 74 166.033 Development permits and orders.— 75 (2)(a) When reviewing an application for a development 76 permit or development order that is certified by a professional 77 listed in s. 403.0877, a municipality may not request additional 78 information from the applicant more than three times, unless the 79 applicant waives the limitation in writing. 80 (b) If a municipality makes a request for additional 81 information and the applicant submits the required additional 82 information within 30 days after receiving the request, the 83 municipality must review the application for completeness and 84 issue a letter indicating that all required information has been 85 submitted or specify with particularity any areas that are 86 deficient within 30 days after receiving the additional 87 information. 88 (c) If a municipality makes a second request for additional 89 information and the applicant submits the required additional 90 information within 30 days after receiving the request, the 91 municipality must review the application for completeness and 92 issue a letter indicating that all required information has been 93 submitted or specify with particularity any areas that are 94 deficient within 10 days after receiving the additional 95 information. 96 (d) Before a third request for additional information, the 97 applicant must be offered a meeting to attempt to resolve 98 outstanding issues. If a municipality makes a third request for 99 additional information and the applicant submits the required 100 additional information within 30 days after receiving the 101 request, the municipality must deem the application complete 102 within 10 days after receiving the additional information or 103 proceed to process the application for approval or denial unless 104 the applicant waived the municipality’s limitation in writing as 105 described in paragraph (a). 106 (e) Except as provided in subsection (5), if the applicant 107 believes the request for additional information is not 108 authorized by ordinance, rule, statute, or other legal 109 authority, the municipality, at the applicant’s request, shall 110 proceed to process the application for approval or denial. 111 Section 4. Paragraph (b) of subsection (1) and subsection 112 (14) of section 553.79, Florida Statutes, are amended, and 113 paragraph (d) is added to subsection (1) of that section, to 114 read: 115 553.79 Permits; applications; issuance; inspections.— 116 (1) 117 (b) A local enforcement agency shall post each type of 118 building permit application, including a list of all required 119 attachments, drawings, or other requirements for each type of 120 application, on its website. A local enforcement agency must 121 post and update the status of every received application on its 122 website until the issuance of the building permit. Completed 123 applications, including payments, attachments, drawings, or 124 other requirements or parts of the completed permit application, 125 must be able to be submitted electronically to the appropriate 126 building department. Accepted methods of electronic submission 127 include, but are not limited to, e-mail submission of 128 applications in Portable Document Format or submission of 129 applications through an electronic fill-in form available on the 130 building department’s website or through a third-party 131 submission management software. Completed applications, 132 including payments, attachments,ordrawings, or other 133 requirements or partsrequired as partof the completed permit 134 application, may also be submitted in person in a nonelectronic 135 format, at the discretion of the building official. 136 (d) A local enforcement agency must post its procedures for 137 processing, reviewing, and approving submitted building permit 138 applications on its website. 139 (14) A building permit for a single-family residential 140 dwelling must be issued within 30 businessworkingdays after 141 receiving the permitofapplicationthereforunlessunusual142circumstances require a longer time for processing the143application or unlessthe permit application fails to satisfy 144 the Florida Building Code or the enforcing agency’s laws or 145 ordinances. 146 (a) If a local enforcement agency fails to issue a building 147 permit for a single-family residential dwelling within 30 148 business days after receiving the permit application, it must 149 reduce the building permit fee by 10 percent for each business 150 day that it fails to meet the deadline. Each 10 percent 151 reduction shall be based on the original amount of the building 152 permit fee. 153 (b) A local enforcement agency does not have to reduce the 154 building permit fee if it provides written notice to the 155 applicant, by e-mail or United States Postal Service, within 30 156 business days after receiving the permit application that 157 specifically states the reasons why the permit application fails 158 to satisfy the Florida Building Code or the enforcing agency’s 159 laws or ordinances. 160 (c) The applicant has 10 business days after receiving the 161 written notice to address the reasons specified by the local 162 enforcement agency and submit revisions to correct the permit 163 application. If the applicant submits revisions within 10 164 business days after receiving the written notice, the local 165 enforcement agency has 10 business days after receiving such 166 revisions to approve or deny the building permit unless the 167 applicant agrees to a longer period in writing. If the local 168 enforcement agency fails to issue or deny the building permit 169 within 10 business days after receiving the revisions, it must 170 reduce the building permit fee by 20 percent for the first 171 business day that it fails to meet the deadline unless the 172 applicant agrees to a longer period in writing. For each 173 additional business day, but not to exceed 5 business days, that 174 the local enforcement agency fails to meet the deadline, the 175 building permit fee must be reduced by an additional 10 percent. 176 Each reduction shall be based on the original amount of the 177 building permit fee. 178 (d) If any building permit fees are refunded under this 179 subsection, the surcharges provided in s. 468.631 or s. 553.721 180 must be recalculated based on the amount of the building permit 181 fees after the refund. 182 Section 5. Section 553.792, Florida Statutes, is amended to 183 read: 184 553.792 Building permit application to local government.— 185 (1)(a) Within 10 days of an applicant submitting an 186 application to the local government, the local government shall 187 advise the applicant what information, if any, is needed to deem 188 the application properly completed in compliance with the filing 189 requirements published by the local government. If the local 190 government does not provide written notice that the applicant 191 has not submitted the properly completed application, the 192 application shall be automatically deemed properly completed and 193 accepted. Within 45 days after receiving a completed 194 application, a local government must notify an applicant if 195 additional information is required for the local government to 196 determine the sufficiency of the application, and shall specify 197 the additional information that is required. The applicant must 198 submit the additional information to the local government or 199 request that the local government act without the additional 200 information. While the applicant responds to the request for 201 additional information, the 120-day period described in this 202 subsection is tolled. Both parties may agree to a reasonable 203 request for an extension of time, particularly in the event of a 204 force majeuremajoror other extraordinary circumstance. The 205 local government must approve, approve with conditions, or deny 206 the application within 120 days following receipt of a completed 207 application. 208 (b) If a local government fails to meet a deadline provided 209 in paragraph (a), it must reduce the building permit fee by 10 210 percent for each business day that it fails to meet the 211 deadline. Each 10 percent reduction shall be based on the 212 original amount of the building permit fee, unless the parties 213 agree to an extension of time. 214 (2)(a) The procedures set forth in subsection (1) apply to 215 the following building permit applications: accessory structure; 216 alarm permit; nonresidential buildings less than 25,000 square 217 feet; electric; irrigation permit; landscaping; mechanical; 218 plumbing; residential units other than a single family unit; 219 multifamily residential not exceeding 50 units; roofing; signs; 220 site-plan approvals and subdivision plats not requiring public 221 hearings or public notice; and lot grading and site alteration 222 associated with the permit application set forth in this 223 subsection. The procedures set forth in subsection (1) do not 224 apply to permits for any wireless communications facilities or 225 when a law, agency rule, or local ordinance specify different 226 timeframes for review of local building permit applications. 227 (b) If a local government has different timeframes than the 228 timeframes set forth in subsection (1) for reviewing building 229 permit applications described in paragraph (a), the local 230 government must meet the deadlines established by local 231 ordinance. If a local government does not meet an established 232 deadline to approve, approve with conditions, or deny an 233 application, it must reduce the building permit fee by 10 234 percent for each business day that it fails to meet the 235 deadline. Each 10 percent reduction shall be based on the 236 original amount of the building permit fee, unless the parties 237 agree to an extension of time. This paragraph does not apply to 238 permits for any wireless communications facilities. 239 (3) If any building permit fees are refunded under this 240 section, the surcharges provided in s. 468.631 or s. 553.721 241 must be recalculated based on the amount of the building permit 242 fees after the refund. 243 Section 6. Paragraph (c) of subsection (5) of section 244 553.794, Florida Statutes, is amended to read: 245 553.794 Local government residential master building permit 246 program.— 247 (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.— 248 (c) The local building department must approve or deny a 249 master building permit application within 120 days after the 250 local building department receives a completed application, 251 unless the applicant agrees to a longer period. If a local 252 building department fails to approve or deny a master building 253 permit application within 120 days after receiving the completed 254 permit application, it must reduce the master building permit 255 fee by 10 percent for each business day that it fails to meet 256 the deadline, unless the applicant agrees to a longer time 257 period. Each 10 percent reduction shall be based on the original 258 amount of the master building permit fee. If any master building 259 permit fees are refunded, the surcharges provided in s. 468.631 260 or s. 553.721 must be recalculated based on the amount of the 261 master building permit fees after the refund. 262 263 ================= T I T L E A M E N D M E N T ================ 264 And the title is amended as follows: 265 Delete lines 3 - 26 266 and insert: 267 125.022, F.S.; revising the requirements for when a 268 county may request certain information; amending s. 269 125.56, F.S.; requiring a county that issues building 270 permits to post certain building permit information on 271 its website; authorizing all components of a completed 272 application to be submitted electronically or in 273 person; amending s. 166.033, F.S.; revising the 274 requirements for when a municipality may request 275 certain information; amending s. 553.79, F.S.; 276 requiring a local enforcement agency to post certain 277 building permit information on its website; 278 authorizing all components of a completed application 279 to be submitted electronically or in person; requiring 280 a local enforcement agency to reduce a building permit 281 fee by a specified percentage for failing to meet 282 certain deadlines; providing an exception; requiring 283 the reduction of a building permit fee to be based on 284 the original amount of such fee; requiring certain 285 surcharges to be recalculated under certain 286 conditions; amending ss. 553.792 and 553.794, F.S.; 287 requiring a local government or a local building 288 department, respectively, to reduce a building permit 289 fee or master building permit fee, as applicable, by a 290 specified percentage for failing to meet certain 291 deadlines; providing exceptions; requiring certain 292 surcharges to be recalculated under certain 293 conditions; making technical changes; amending s. 294 713.135,