Florida Senate - 2021 CS for CS for SB 1788 By the Committees on Governmental Oversight and Accountability; and Community Affairs; and Senator Boyd 585-03624-21 20211788c2 1 A bill to be entitled 2 An act relating to construction permits; amending s. 3 125.022, F.S.; revising the requirements for when a 4 county may request certain information; amending s. 5 125.56, F.S.; requiring a county that issues building 6 permits to post certain building permit information on 7 its website; authorizing all components of a completed 8 application to be submitted electronically or in 9 person; amending s. 166.033, F.S.; revising the 10 requirements for when a municipality may request 11 certain information; amending s. 553.79, F.S.; 12 requiring a local enforcement agency to post certain 13 building permit information on its website; 14 authorizing all components of a completed application 15 to be submitted electronically or in person; requiring 16 a local enforcement agency to reduce a building permit 17 fee by a specified percentage for failing to meet 18 certain deadlines; providing an exception; requiring 19 the reduction of a building permit fee to be based on 20 the original amount of such fee; requiring certain 21 surcharges to be recalculated under certain 22 conditions; amending ss. 553.792 and 553.794, F.S.; 23 requiring a local government or a local building 24 department, respectively, to reduce a building permit 25 fee or master building permit fee, as applicable, by a 26 specified percentage for failing to meet certain 27 deadlines; providing exceptions; requiring certain 28 surcharges to be recalculated under certain 29 conditions; making technical changes; amending s. 30 713.135, F.S.; prohibiting authorities from requiring 31 applicants to provide certain contracts as a condition 32 of receiving a building permit; providing 33 applicability; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Subsection (2) of section 125.022, Florida 38 Statutes, is amended to read: 39 125.022 Development permits and orders.— 40 (2)(a) When reviewing an application for a development 41 permit or development order that is certified by a professional 42 listed in s. 403.0877, a county may not request additional 43 information from the applicant more than three times, unless the 44 applicant waives the limitation in writing. 45 (b) If a county makes a request for additional information 46 and the applicant submits the required additional information 47 within 30 days after receiving the request, the county must 48 review the application for completeness and issue a letter 49 indicating that all required information has been submitted or 50 specify with particularity any areas that are deficient within 51 30 days after receiving the additional information. 52 (c) If a county makes a second request for additional 53 information and the applicant submits the required additional 54 information within 30 days after receiving the request, the 55 county must review the application for completeness and issue a 56 letter indicating that all required information has been 57 submitted or specify with particularity any areas that are 58 deficient within 10 days after receiving the additional 59 information. 60 (d) Before a third request for additional information, the 61 applicant must be offered a meeting to attempt to resolve 62 outstanding issues. If a county makes a third request for 63 additional information and the applicant submits the required 64 additional information within 30 days after receiving the 65 request, the county must deem the application complete within 10 66 days after receiving the additional information or proceed to 67 process the application for approval or denial unless the 68 applicant waived the county’s limitation in writing as described 69 in paragraph (a). 70 (e) Except as provided in subsection (5), if the applicant 71 believes the request for additional information is not 72 authorized by ordinance, rule, statute, or other legal 73 authority, the county, at the applicant’s request, shall proceed 74 to process the application for approval or denial. 75 Section 2. Paragraph (b) of subsection (4) of section 76 125.56, Florida Statutes, is amended, and paragraph (f) is added 77 to that subsection, to read: 78 125.56 Enforcement and amendment of the Florida Building 79 Code and the Florida Fire Prevention Code; inspection fees; 80 inspectors; etc.— 81 (4) 82 (b) A county that issues building permits shall post each 83 type of building permit application, including a list of all 84 required attachments, drawings, or other requirements for each 85 type of application, on its website. A county must post and 86 update the status of every received application on its website 87 until the issuance of the building permit. Completed 88 applications, including payments, attachments, drawings, or 89 other requirements or parts of the completed permit application, 90 must be able to be submitted electronically to the county 91 building department. Accepted methods of electronic submission 92 include, but are not limited to, e-mail submission of 93 applications in Portable Document Format or submission of 94 applications through an electronic fill-in form available on the 95 building department’s website or through a third-party 96 submission management software. Completed applications, 97 including payments, attachments,ordrawings, or other 98 requirements or partsrequired as partof the completed permit 99 application, may also be submitted in person in a nonelectronic 100 format, at the discretion of the building official. 101 (f) A county that issues building permits must post its 102 procedures for processing, reviewing, and approving submitted 103 building permit applications on its website. 104 Section 3. Subsection (2) of section 166.033, Florida 105 Statutes, is amended to read: 106 166.033 Development permits and orders.— 107 (2)(a) When reviewing an application for a development 108 permit or development order that is certified by a professional 109 listed in s. 403.0877, a municipality may not request additional 110 information from the applicant more than three times, unless the 111 applicant waives the limitation in writing. 112 (b) If a municipality makes a request for additional 113 information and the applicant submits the required additional 114 information within 30 days after receiving the request, the 115 municipality must review the application for completeness and 116 issue a letter indicating that all required information has been 117 submitted or specify with particularity any areas that are 118 deficient within 30 days after receiving the additional 119 information. 120 (c) If a municipality makes a second request for additional 121 information and the applicant submits the required additional 122 information within 30 days after receiving the request, the 123 municipality must review the application for completeness and 124 issue a letter indicating that all required information has been 125 submitted or specify with particularity any areas that are 126 deficient within 10 days after receiving the additional 127 information. 128 (d) Before a third request for additional information, the 129 applicant must be offered a meeting to attempt to resolve 130 outstanding issues. If a municipality makes a third request for 131 additional information and the applicant submits the required 132 additional information within 30 days after receiving the 133 request, the municipality must deem the application complete 134 within 10 days after receiving the additional information or 135 proceed to process the application for approval or denial unless 136 the applicant waived the municipality’s limitation in writing as 137 described in paragraph (a). 138 (e) Except as provided in subsection (5), if the applicant 139 believes the request for additional information is not 140 authorized by ordinance, rule, statute, or other legal 141 authority, the municipality, at the applicant’s request, shall 142 proceed to process the application for approval or denial. 143 Section 4. Paragraph (b) of subsection (1) and subsection 144 (14) of section 553.79, Florida Statutes, are amended, and 145 paragraph (d) is added to subsection (1) of that section, to 146 read: 147 553.79 Permits; applications; issuance; inspections.— 148 (1) 149 (b) A local enforcement agency shall post each type of 150 building permit application, including a list of all required 151 attachments, drawings, or other requirements for each type of 152 application, on its website. A local enforcement agency must 153 post and update the status of every received application on its 154 website until the issuance of the building permit. Completed 155 applications, including payments, attachments, drawings, or 156 other requirements or parts of the completed permit application, 157 must be able to be submitted electronically to the appropriate 158 building department. Accepted methods of electronic submission 159 include, but are not limited to, e-mail submission of 160 applications in Portable Document Format or submission of 161 applications through an electronic fill-in form available on the 162 building department’s website or through a third-party 163 submission management software. Completed applications, 164 including payments, attachments,ordrawings, or other 165 requirements or partsrequired as partof the completed permit 166 application, may also be submitted in person in a nonelectronic 167 format, at the discretion of the building official. 168 (d) A local enforcement agency must post its procedures for 169 processing, reviewing, and approving submitted building permit 170 applications on its website. 171 (14) A building permit for a single-family residential 172 dwelling must be issued within 30 businessworkingdays after 173 receiving the permitofapplicationthereforunlessunusual174circumstances require a longer time for processing the175application or unlessthe permit application fails to satisfy 176 the Florida Building Code or the enforcing agency’s laws or 177 ordinances. 178 (a) If a local enforcement agency fails to issue a building 179 permit for a single-family residential dwelling within 30 180 business days after receiving the permit application, it must 181 reduce the building permit fee by 10 percent for each business 182 day that it fails to meet the deadline. Each 10 percent 183 reduction shall be based on the original amount of the building 184 permit fee. 185 (b) A local enforcement agency does not have to reduce the 186 building permit fee if it provides written notice to the 187 applicant, by e-mail or United States Postal Service, within 30 188 business days after receiving the permit application which 189 specifically states the reasons the permit application fails to 190 satisfy the Florida Building Code or the enforcing agency’s laws 191 or ordinances. The written notice must also state that the 192 applicant has 10 business days after receiving the written 193 notice to submit revisions to correct the application and that 194 failure to correct the application within 10 business days will 195 result in denial of the application. 196 (c) The applicant has 10 business days after receiving the 197 written notice to address the reasons specified by the local 198 enforcement agency and submit revisions to correct the permit 199 application. If the applicant submits revisions within 10 200 business days after receiving the written notice, the local 201 enforcement agency has 10 business days after receiving such 202 revisions to approve or deny the building permit unless the 203 applicant agrees to a longer period in writing. If the local 204 enforcement agency fails to issue or deny the building permit 205 within 10 business days after receiving the revisions, it must 206 reduce the building permit fee by 20 percent for the first 207 business day that it fails to meet the deadline unless the 208 applicant agrees to a longer period in writing. For each 209 additional business day, but not to exceed 5 business days, that 210 the local enforcement agency fails to meet the deadline, the 211 building permit fee must be reduced by an additional 10 percent. 212 Each reduction shall be based on the original amount of the 213 building permit fee. 214 (d) If any building permit fees are refunded under this 215 subsection, the surcharges provided in s. 468.631 or s. 553.721 216 must be recalculated based on the amount of the building permit 217 fees after the refund. 218 Section 5. Section 553.792, Florida Statutes, is amended to 219 read: 220 553.792 Building permit application to local government.— 221 (1)(a) Within 10 days of an applicant submitting an 222 application to the local government, the local government shall 223 advise the applicant what information, if any, is needed to deem 224 the application properly completed in compliance with the filing 225 requirements published by the local government. If the local 226 government does not provide written notice that the applicant 227 has not submitted the properly completed application, the 228 application shall be automatically deemed properly completed and 229 accepted. Within 45 days after receiving a completed 230 application, a local government must notify an applicant if 231 additional information is required for the local government to 232 determine the sufficiency of the application, and shall specify 233 the additional information that is required. The applicant must 234 submit the additional information to the local government or 235 request that the local government act without the additional 236 information. While the applicant responds to the request for 237 additional information, the 120-day period described in this 238 subsection is tolled. Both parties may agree to a reasonable 239 request for an extension of time, particularly in the event of a 240 force majeuremajoror other extraordinary circumstance. The 241 local government must approve, approve with conditions, or deny 242 the application within 120 days following receipt of a completed 243 application. 244 (b) If a local government fails to meet a deadline provided 245 in paragraph (a), it must reduce the building permit fee by 10 246 percent for each business day that it fails to meet the 247 deadline. Each 10 percent reduction shall be based on the 248 original amount of the building permit fee, unless the parties 249 agree to an extension of time. 250 (2)(a) The procedures set forth in subsection (1) apply to 251 the following building permit applications: accessory structure; 252 alarm permit; nonresidential buildings less than 25,000 square 253 feet; electric; irrigation permit; landscaping; mechanical; 254 plumbing; residential units other than a single family unit; 255 multifamily residential not exceeding 50 units; roofing; signs; 256 site-plan approvals and subdivision plats not requiring public 257 hearings or public notice; and lot grading and site alteration 258 associated with the permit application set forth in this 259 subsection. The procedures set forth in subsection (1) do not 260 apply to permits for any wireless communications facilities or 261 when a law, agency rule, or local ordinance specify different 262 timeframes for review of local building permit applications. 263 (b) If a local government has different timeframes than the 264 timeframes set forth in subsection (1) for reviewing building 265 permit applications described in paragraph (a), the local 266 government must meet the deadlines established by local 267 ordinance. If a local government does not meet an established 268 deadline to approve, approve with conditions, or deny an 269 application, it must reduce the building permit fee by 10 270 percent for each business day that it fails to meet the 271 deadline. Each 10 percent reduction shall be based on the 272 original amount of the building permit fee, unless the parties 273 agree to an extension of time. This paragraph does not apply to 274 permits for any wireless communications facilities. 275 (3) If any building permit fees are refunded under this 276 section, the surcharges provided in s. 468.631 or s. 553.721 277 must be recalculated based on the amount of the building permit 278 fees after the refund. 279 Section 6. Paragraph (c) of subsection (5) of section 280 553.794, Florida Statutes, is amended to read: 281 553.794 Local government residential master building permit 282 program.— 283 (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.— 284 (c) The local building department must approve or deny a 285 master building permit application within 120 days after the 286 local building department receives a completed application, 287 unless the applicant agrees to a longer period. If a local 288 building department fails to approve or deny a master building 289 permit application within 120 days after receiving the completed 290 permit application, it must reduce the master building permit 291 fee by 10 percent for each business day that it fails to meet 292 the deadline, unless the applicant agrees to a longer time 293 period. Each 10 percent reduction shall be based on the original 294 amount of the master building permit fee. If any master building 295 permit fees are refunded, the surcharges provided in s. 468.631 296 or s. 553.721 must be recalculated based on the amount of the 297 master building permit fees after the refund. 298 Section 7. Present subsections (6) and (7) of section 299 713.135, Florida Statutes, are redesignated as subsections (7) 300 and (8), respectively, and a new subsection (6) is added to that 301 section, to read: 302 713.135 Notice of commencement and applicability of lien.— 303 (6) An authority that issues building permits may not 304 require an applicant to provide a direct contract or a contract 305 between a contractor and any other lienor as a condition of the 306 application for, or processing or issuance of, a building permit 307 for the construction of improvements or for the alteration or 308 repair of improvements on or to commercial property. This 309 subsection does not apply to the construction of improvements or 310 the alteration or repair of improvements owned or leased by the 311 Federal Government; the state or any county, city, or political 312 subdivision thereof; or other public authority. 313 Section 8. This act shall take effect October 1, 2021.