Florida Senate - 2023                                     SB 682
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00896A-23                                           2023682__
    1                        A bill to be entitled                      
    2         An act relating to residential building permits;
    3         amending s. 553.79, F.S.; deleting provisions relating
    4         to issuing building permits for certain residential
    5         dwellings; amending s. 553.791, F.S.; requiring a
    6         local jurisdiction to reduce permit fees by a
    7         specified percentage under certain circumstances;
    8         amending s. 553.792, F.S.; revising the timeframes for
    9         approving or denying certain building permits;
   10         revising how many times a local government may request
   11         additional information from an applicant; specifying
   12         when a permit application is deemed complete and
   13         sufficient; revising the actions a local government
   14         must take after receiving specified information;
   15         requiring local governments to offer certain
   16         applicants the opportunity to meet in person or
   17         electronically; providing requirements for such
   18         meetings; reducing permit fees by a certain percentage
   19         if certain timeframes are not met; authorizing both
   20         parties to extend certain timeframes under certain
   21         circumstances; specifying that the permit requirements
   22         apply to single-family residential units and single
   23         family residential dwellings; requiring local
   24         governments to follow the prescribed timeframes unless
   25         the local ordinance is more stringent; conforming
   26         provisions to changes made by the act; amending s.
   27         440.103, F.S.; conforming a cross-reference; providing
   28         an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (16) of section 553.79, Florida
   33  Statutes, is amended to read:
   34         553.79 Permits; applications; issuance; inspections.—
   35         (16)Except as provided in paragraph (e), a building permit
   36  for a single-family residential dwelling must be issued within
   37  30 business days after receiving the permit application unless
   38  the permit application fails to satisfy the Florida Building
   39  Code or the enforcing agency’s laws or ordinances.
   40         (a)If a local enforcement agency fails to issue a building
   41  permit for a single-family residential dwelling within 30
   42  business days after receiving the permit application, it must
   43  reduce the building permit fee by 10 percent for each business
   44  day that it fails to meet the deadline. Each 10-percent
   45  reduction shall be based on the original amount of the building
   46  permit fee.
   47         (b)A local enforcement agency does not have to reduce the
   48  building permit fee if it provides written notice to the
   49  applicant, by e-mail or United States Postal Service, within 30
   50  business days after receiving the permit application, that
   51  specifically states the reasons the permit application fails to
   52  satisfy the Florida Building Code or the enforcing agency’s laws
   53  or ordinances. The written notice must also state that the
   54  applicant has 10 business days after receiving the written
   55  notice to submit revisions to correct the permit application and
   56  that failure to correct the application within 10 business days
   57  will result in a denial of the application.
   58         (c)The applicant has 10 business days after receiving the
   59  written notice to address the reasons specified by the local
   60  enforcement agency and submit revisions to correct the permit
   61  application. If the applicant submits revisions within 10
   62  business days after receiving the written notice, the local
   63  enforcement agency has 10 business days after receiving such
   64  revisions to approve or deny the building permit unless the
   65  applicant agrees to a longer period in writing. If the local
   66  enforcement agency fails to issue or deny the building permit
   67  within 10 business days after receiving the revisions, it must
   68  reduce the building permit fee by 20 percent for the first
   69  business day that it fails to meet the deadline unless the
   70  applicant agrees to a longer period in writing. For each
   71  additional business day, but not to exceed 5 business days, that
   72  the local enforcement agency fails to meet the deadline, the
   73  building permit fee must be reduced by an additional 10 percent.
   74  Each reduction shall be based on the original amount of the
   75  building permit fee.
   76         (d)If any building permit fees are refunded under this
   77  subsection, the surcharges provided in s. 468.631 or s. 553.721
   78  must be recalculated based on the amount of the building permit
   79  fees after the refund.
   80         (e)A building permit for a single-family residential
   81  dwelling applied for by a contractor licensed in this state on
   82  behalf of a property owner who participates in a Community
   83  Development Block Grant–Disaster Recovery program administered
   84  by the Department of Economic Opportunity must be issued within
   85  15 working days after receipt of the application unless the
   86  permit application fails to satisfy the Florida Building Code or
   87  the enforcing agency’s laws or ordinances.
   88         Section 2. Paragraph (b) of subsection (2) of section
   89  553.791, Florida Statutes, is amended to read:
   90         553.791 Alternative plans review and inspection.—
   91         (2)
   92         (b) If an owner or contractor retains a private provider
   93  for purposes of plans review or building inspection services,
   94  the local jurisdiction must reduce the permit fee by 75 percent
   95  the amount of cost savings realized by the local enforcement
   96  agency for not having to perform such services. Such reduction
   97  may be calculated on a flat fee or percentage basis, or any
   98  other reasonable means by which a local enforcement agency
   99  assesses the cost for its plans review or inspection services.
  100  The local jurisdiction may not charge fees for building
  101  inspections if the fee owner or contractor hires a private
  102  provider to perform such services; however, the local
  103  jurisdiction may charge a reasonable administrative fee, which
  104  must shall be based on the cost that is actually incurred,
  105  including the labor cost of the personnel providing the service,
  106  by the local jurisdiction or attributable to the local
  107  jurisdiction for the clerical and supervisory assistance
  108  required, or both.
  109         Section 3. Subsections (1) and (2) of section 553.792,
  110  Florida Statutes, are amended to read:
  111         553.792 Building permit application to local government.—
  112         (1)(a) After Within 10 days of an applicant submits
  113  submitting an application to the local government, the local
  114  government must provide written notice to the applicant within 3
  115  calendar days after receipt of the application advising shall
  116  advise the applicant what information, if any, is needed to deem
  117  the application properly completed in compliance with the filing
  118  requirements published by the local government. If the local
  119  government does not provide timely written notice that the
  120  applicant has not submitted a the properly completed
  121  application, the application is shall be automatically deemed
  122  properly completed and sufficient accepted.
  123         (b) Within 9 calendar 45 days after receiving a completed
  124  application, a local government must provide written notice to
  125  notify an applicant if additional information is required for
  126  the local government to determine the sufficiency of the
  127  application, and the notice must shall specify the additional
  128  information that is required. The applicant may must submit the
  129  additional information to the local government or request that
  130  the local government act without the additional information.
  131  While the applicant responds to the request for additional
  132  information, the 120-day period described in this subsection is
  133  tolled. Both parties may agree to a reasonable request for an
  134  extension of time, particularly in the event of a force majeure
  135  or other extraordinary circumstance. The local government must
  136  approve, approve with conditions, or deny the application within
  137  120 days following receipt of a completed application.
  138         (c)1.(b)1. When reviewing an application for a building
  139  permit, a local government may not request additional
  140  information from the applicant more than two three times, unless
  141  the applicant waives such limitation in writing.
  142         2. If a local government requests additional information
  143  from an applicant and the applicant submits the requested
  144  additional information to the local government within 30 days
  145  after receiving the request, the local government must, within 9
  146  calendar 15 days after receiving such information:
  147         a. Determine if the application is properly completed;
  148         b. Approve the application;
  149         c. Approve the application with conditions; or
  150         d. Deny the application; or
  151         e. Advise the applicant in writing of information needed,
  152  if any, that is needed to deem the application properly
  153  completed or to determine the sufficiency of the application.
  154         3. If a local government makes a second request for
  155  additional information from the applicant and the applicant
  156  submits the requested additional information to the local
  157  government within 30 days after receiving the request, the local
  158  government must, within 10 days after receiving such
  159  information:
  160         a.Determine if the application is properly completed;
  161         b.Approve the application;
  162         c.Approve the application with conditions;
  163         d.Deny the application; or
  164         e.Advise the applicant of information, if any, that is
  165  needed to deem the application properly completed or to
  166  determine the sufficiency of the application.
  167         4. Before a second third request for additional information
  168  may be made, the local government must offer the applicant must
  169  be offered an opportunity to meet in person or electronically
  170  with the local government to attempt to resolve outstanding
  171  issues. The in-person or electronic meeting must occur within 5
  172  calendar days after the applicant notifies the local government
  173  in writing that he or she wants to meet unless the applicant
  174  agrees to a longer time period in writing.
  175         4. If a local government makes a second third request for
  176  additional information from the applicant and the applicant
  177  submits the requested additional information to the local
  178  government within 30 days after receiving the request, the local
  179  government must, within 9 calendar 10 days after receiving such
  180  information unless the applicant waived the local government’s
  181  time limitation in writing, determine that the application is
  182  complete and:
  183         a. Approve the application;
  184         b. Approve the application with conditions; or
  185         c. Deny the application and state the sufficient reason for
  186  denial.
  187         5. If the applicant believes the request for additional
  188  information is not authorized by ordinance, rule, statute, or
  189  other legal authority, the local government, at the applicant’s
  190  written request, must process the application within 9 calendar
  191  days after receipt of the request and either approve the
  192  application, approve the application with conditions, or deny
  193  the application.
  194         6.If a local government does not notify the applicant that
  195  the application is approved, approved with conditions, or denied
  196  within 9 calendar days after the local government receives the
  197  additional information requested under subparagraph 4., the
  198  application is deemed approved.
  199         (d)The following timeframes apply for single-family or
  200  two-family dwellings or townhomes located within a master plan
  201  community for which the permit for the master plan community has
  202  already been approved under s. 553.794:
  203         1.After an applicant submits an application to the local
  204  government, the local government must provide written notice to
  205  the applicant within 1 calendar day after receipt of the
  206  application advising the applicant what information, if any, is
  207  needed to deem the application properly completed in compliance
  208  with the filing requirements published by the local government.
  209  If the local government does not provide timely written notice
  210  that the applicant has not submitted a properly completed
  211  application, the application is automatically deemed properly
  212  completed and approved.
  213         2.Within 5 calendar days after receiving a completed
  214  application, a local government must provide written notice to
  215  an applicant if additional information is required for the local
  216  government to determine the sufficiency of the application, and
  217  the notice must specify the additional information that is
  218  required. The applicant may submit the additional information to
  219  the local government or request that the local government act
  220  without the additional information.
  221         3.When reviewing an application under this paragraph, a
  222  local government may not request additional information from the
  223  applicant more than once, unless the applicant waives such
  224  limitation in writing.
  225         4.If a local government requests additional information
  226  from the applicant and the applicant submits the requested
  227  additional information to the local government, the local
  228  government must, within 5 calendar days after receiving such
  229  information unless the applicant waived the local government’s
  230  time limitation in writing, determine that the application is
  231  complete and:
  232         a.Approve the application;
  233         b.Approve the application with conditions; or
  234         c.Deny the application.
  235         5.If a local government does not notify the applicant that
  236  the application is approved, approved with conditions, or denied
  237  within 5 calendar days after the local government receives the
  238  additional information requested under subparagraph 4., the
  239  application is deemed approved.
  240         6.If an owner or contractor retains a private provider for
  241  purposes of plans review, the timeframes in subparagraphs 2.,
  242  4., and 5. are reduced to 3 calendar days.
  243         (e)A building permit for a single-family residential
  244  dwelling applied for by a contractor licensed in this state on
  245  behalf of a property owner who participates in a Community
  246  Development Block Grant–Disaster Recovery program administered
  247  by the Department of Economic Opportunity must be issued within
  248  9 calendar days after receipt of the application unless the
  249  permit application fails to satisfy the Florida Building Code or
  250  the enforcing agency’s laws or ordinances.
  251         (f)(c) If a local government fails to meet a deadline set
  252  under this subsection provided in paragraphs (a) and (b), it
  253  must reduce the building permit fee by 10 percent for each
  254  calendar business day that it fails to meet the deadline, unless
  255  the parties agree in writing to a reasonable extension of time.
  256  Each 10-percent reduction shall be based on the original amount
  257  of the building permit fee, unless the parties agree to an
  258  extension of time.
  259         (2)(a) The procedures set forth in subsection (1) apply to
  260  the following building permit applications: accessory structure;
  261  alarm permit; nonresidential buildings less than 25,000 square
  262  feet; electric; irrigation permit; landscaping; mechanical;
  263  plumbing; residential units, including other than a single
  264  family residential single family unit or a single-family
  265  residential dwelling; multifamily residential not exceeding 50
  266  units; roofing; signs; site-plan approvals and subdivision plats
  267  not requiring public hearings or public notice; and lot grading
  268  and site alteration associated with the permit application set
  269  forth in this subsection. The procedures set forth in subsection
  270  (1) do not apply to permits for any wireless communications
  271  facilities or when a law, agency rule, or local ordinance
  272  specify different timeframes for review of local building permit
  273  applications.
  274         (b) If A local government must meet has different
  275  timeframes than the timeframes set forth in subsection (1) for
  276  reviewing building permit applications described in paragraph
  277  (a) unless the timeframes set, the local government must meet
  278  the deadlines established by local ordinance are more stringent
  279  than those prescribed in subsection (1). If a local government
  280  does not meet an established deadline to approve, approve with
  281  conditions, or deny an application, it must reduce the building
  282  permit fee by 10 percent for each business day that it fails to
  283  meet the deadline. Each 10-percent reduction shall be based on
  284  the original amount of the building permit fee, unless the
  285  parties agree to an extension of time. This paragraph does not
  286  apply to permits for any wireless communications facilities.
  287         Section 4. Section 440.103, Florida Statutes, is amended to
  288  read:
  289         440.103 Building permits; identification of minimum premium
  290  policy.—Every employer shall, as a condition to applying for and
  291  receiving a building permit, show proof and certify to the
  292  permit issuer that it has secured compensation for its employees
  293  under this chapter as provided in ss. 440.10 and 440.38. Such
  294  proof of compensation must be evidenced by a certificate of
  295  coverage issued by the carrier, a valid exemption certificate
  296  approved by the department, or a copy of the employer’s
  297  authority to self-insure and shall be presented, electronically
  298  or physically, each time the employer applies for a building
  299  permit. As provided in s. 553.79(22) s. 553.79(23), for the
  300  purpose of inspection and record retention, site plans or
  301  building permits may be maintained at the worksite in the
  302  original form or in the form of an electronic copy. These plans
  303  and permits must be open to inspection by the building official
  304  or a duly authorized representative, as required by the Florida
  305  Building Code. As provided in s. 627.413(5), each certificate of
  306  coverage must show, on its face, whether or not coverage is
  307  secured under the minimum premium provisions of rules adopted by
  308  rating organizations licensed pursuant to s. 627.221. The words
  309  “minimum premium policy” or equivalent language shall be typed,
  310  printed, stamped, or legibly handwritten.
  311         Section 5. This act shall take effect July 1, 2023.