Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1788
       
       
       
       
       
       
                                Ì643594EÎ643594                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2021           .                                
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       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, or drawings, or other
   66  requirements or parts required as part of 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, or drawings, or other
  133  requirements or parts required as part of 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 business working days after
  141  receiving the permit of application therefor unless unusual
  142  circumstances require a longer time for processing the
  143  application or unless the 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 majeure major or 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,