Florida Senate - 2024 SB 684
By Senator DiCeglie
18-00696-24 2024684__
1 A bill to be entitled
2 An act relating to residential building permits;
3 creating s. 177.073, F.S.; defining terms; requiring
4 certain governing bodies, by a date certain, to create
5 a program to expedite the process for issuing
6 residential building permits before a final plat is
7 recorded; providing an exception; requiring a
8 governing body to create certain processes for
9 purposes of the program; authorizing applicants to use
10 a private provider for certain reviews; authorizing a
11 governing body to issue addresses and temporary parcel
12 identification numbers for specified purposes;
13 requiring a governing body to issue a certain number
14 or percentage of building permits requested in an
15 application when certain conditions are met; providing
16 certain conditions for applicants who apply to the
17 program; providing that an applicant has a vested
18 right in an approved preliminary plat when certain
19 conditions are met; requiring local building officials
20 to mail a signed, certified letter with specified
21 information to the Department of Business and
22 Professional Regulation after the governing body
23 creates the program; amending s. 553.79, F.S.;
24 removing provisions relating to acquiring building
25 permits for certain residential dwellings; amending s.
26 553.791, F.S.; requiring local jurisdictions to reduce
27 permit fees by a certain percentage under certain
28 circumstances; amending s. 553.792, F.S.; revising the
29 timeframes for approving or denying certain building
30 permits; requiring local governments to provide
31 written notice to an applicant under certain
32 circumstances; revising the number of times that a
33 local government may request additional information
34 from an applicant; providing the circumstances under
35 which a permit application is deemed complete and
36 sufficient; requiring local governments to offer
37 applicants the opportunity for an in-person or virtual
38 meeting before a second request for additional
39 information may be made; reducing permit fees by a
40 certain percentage if certain timeframes are not met;
41 authorizing both parties to extend certain timeframes
42 under certain circumstances; specifying that the
43 permit requirements apply to single-family residential
44 units and single-family residential dwellings;
45 providing that building permits for a single-family
46 residential dwelling are valid indefinitely, subject
47 to compliance with the Florida Building Code and local
48 ordinances; requiring that local governments follow
49 the prescribed timeframes unless a local ordinance is
50 more stringent; requiring local governments, upon
51 request, to issue a certain percentage of building
52 permits if certain conditions are met; prohibiting
53 transfers of ownership until certain conditions are
54 met; conforming provisions to changes made by the act;
55 amending s. 440.103, F.S.; conforming a cross
56 reference; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 177.073, Florida Statutes, is created to
61 read:
62 177.073 Expedited approval of residential building permits
63 before a final plat is recorded.—
64 (1) As used in this section, the term:
65 (a) “Final plat” means the final tracing, map, or site plan
66 presented by the subdivider to a governing body for final
67 approval and, upon approval by the appropriate governing body,
68 submitted to the clerk of the circuit court for recording.
69 (b) “Local building official” has the same meaning as in s.
70 553.791.
71 (c) “Plans” means any building plans, construction plans,
72 engineering plans, or site plans, or their functional
73 equivalent, submitted by an applicant for a building permit.
74 (d) “Preliminary plat” means a map or delineated
75 representation of the subdivision of lands which is a complete
76 and exact representation of the residential subdivision and
77 contains any additional information needed to be in compliance
78 with the requirements of this chapter.
79 (2)(a) By August 15, 2024, a governing body that has 30,000
80 residents or more shall create a program to expedite the process
81 for issuing building permits for residential subdivisions in
82 accordance with the Florida Building Code and this section
83 before a final plat is recorded with the clerk of the circuit
84 court.
85 (b) A governing body that has a program in place before
86 July 1, 2024, to expedite the building permit process, need only
87 update its program to approve an applicant’s request to issue up
88 to 50 percent of the building permits for the residential
89 subdivision in order to comply with this section.
90 (3) A governing body shall create all of the following:
91 (a) A two-step application process that includes the
92 adoption of a preliminary plat and a final plat in order to
93 expedite the issuance of building permits under this section.
94 The governing body shall maximize its administrative processes
95 to expedite the review and approval of applications, plats, and
96 plans submitted under this section.
97 (b) A master building permit application process consistent
98 with s. 553.794(3) for applicants seeking multiple building
99 permits for planned residential subdivisions.
100 (4) An applicant may use a private provider consistent with
101 s. 553.791 to review a preliminary plat and building permit for
102 each residential building or structure.
103 (5) A governing body may work with appropriate local
104 governmental agencies to issue an address and a temporary parcel
105 identification number for lot lines and lot sizes based on the
106 metes and bounds of the plat contained in the application.
107 (6) If an applicant requests a certain number or percentage
108 of building permits in his or her application, the governing
109 body must issue the number or percentage requested in accordance
110 with the Florida Building Code, provided the residential
111 buildings or structures are unoccupied and all of the following
112 conditions are met:
113 (a) The governing body has approved a preliminary plat for
114 each residential building or structure.
115 (b) The applicant provides proof to the governing body that
116 the applicant has given a copy of the approved preliminary plat,
117 along with the approved plans, to the relevant electric, water,
118 and wastewater utilities.
119 (c) The applicant holds a valid performance bond for up to
120 120 percent of the necessary utilities, roads, and stormwater
121 improvements that have not been completed upon submission of the
122 application under this section.
123 (7)(a) An applicant may contract to sell, but may not
124 transfer ownership of, a residential structure or building
125 located in the residential subdivision until the final plat is
126 approved by the governing body and recorded in the public
127 records by the clerk of the circuit court.
128 (b) An applicant may not obtain a final certificate of
129 occupancy with respect to each residential structure or building
130 for which a building permit is issued until the final plat is
131 approved by the governing body and recorded in the public
132 records by the clerk of the circuit court.
133 (c) An applicant must indemnify and hold harmless the
134 governing body and its agents and employees from damages,
135 including damages resulting from fire, flood, construction
136 defects, and bodily injury, accruing and directly related to the
137 issuance of a building permit for a residential building or
138 structure located in the residential subdivision before the
139 approval and recording of the final plat by the governing body.
140 (8) For purposes of this section, an applicant has a vested
141 right in a preliminary plat that has been approved by a
142 governing body if all of the following conditions are met:
143 (a) The applicant relies in good faith on the approved
144 preliminary plat.
145 (b) The applicant substantially changes his or her
146 position, including making improvements pursuant to s.
147 177.031(9), or incurs other obligations and expenses.
148 (c) Any change by the governing body would constitute an
149 inequitable interference in the approved preliminary plat.
150 (9) After a governing body creates the program required
151 under this section, the local building official shall send to
152 the Department of Business and Professional Regulation by
153 certified mail, return receipt requested, a signed, certified
154 letter indicating that the program has been established. The
155 letter must contain a brief explanation of the program,
156 including how the program expedites the process of issuing
157 building permits for residential subdivisions before the final
158 plat is recorded.
159 Section 2. Subsection (16) of section 553.79, Florida
160 Statutes, is amended to read:
161 553.79 Permits; applications; issuance; inspections.—
162 (16) Except as provided in paragraph (e), a building permit
163 for a single-family residential dwelling must be issued within
164 30 business days after receiving the permit application unless
165 the permit application fails to satisfy the Florida Building
166 Code or the enforcing agency’s laws or ordinances.
167 (a) If a local enforcement agency fails to issue a building
168 permit for a single-family residential dwelling within 30
169 business days after receiving the permit application, it must
170 reduce the building permit fee by 10 percent for each business
171 day that it fails to meet the deadline. Each 10-percent
172 reduction shall be based on the original amount of the building
173 permit fee.
174 (b) A local enforcement agency does not have to reduce the
175 building permit fee if it provides written notice to the
176 applicant, by e-mail or United States Postal Service, within 30
177 business days after receiving the permit application, that
178 specifically states the reasons the permit application fails to
179 satisfy the Florida Building Code or the enforcing agency’s laws
180 or ordinances. The written notice must also state that the
181 applicant has 10 business days after receiving the written
182 notice to submit revisions to correct the permit application and
183 that failure to correct the application within 10 business days
184 will result in a denial of the application.
185 (c) The applicant has 10 business days after receiving the
186 written notice to address the reasons specified by the local
187 enforcement agency and submit revisions to correct the permit
188 application. If the applicant submits revisions within 10
189 business days after receiving the written notice, the local
190 enforcement agency has 10 business days after receiving such
191 revisions to approve or deny the building permit unless the
192 applicant agrees to a longer period in writing. If the local
193 enforcement agency fails to issue or deny the building permit
194 within 10 business days after receiving the revisions, it must
195 reduce the building permit fee by 20 percent for the first
196 business day that it fails to meet the deadline unless the
197 applicant agrees to a longer period in writing. For each
198 additional business day, but not to exceed 5 business days, that
199 the local enforcement agency fails to meet the deadline, the
200 building permit fee must be reduced by an additional 10 percent.
201 Each reduction shall be based on the original amount of the
202 building permit fee.
203 (d) If any building permit fees are refunded under this
204 subsection, the surcharges provided in s. 468.631 or s. 553.721
205 must be recalculated based on the amount of the building permit
206 fees after the refund.
207 (e) A building permit for a single-family residential
208 dwelling applied for by a contractor licensed in this state on
209 behalf of a property owner who participates in a Community
210 Development Block Grant–Disaster Recovery program administered
211 by the Department of Economic Opportunity must be issued within
212 15 working days after receipt of the application unless the
213 permit application fails to satisfy the Florida Building Code or
214 the enforcing agency’s laws or ordinances.
215 Section 3. Paragraph (b) of subsection (2) of section
216 553.791, Florida Statutes, is amended to read:
217 553.791 Alternative plans review and inspection.—
218 (2)
219 (b) If an owner or a contractor retains a private provider
220 for purposes of plans review or building inspection services,
221 the local jurisdiction must reduce the permit fee by 75 percent
222 the amount of cost savings realized by the local enforcement
223 agency for not having to perform such services. Such reduction
224 may be calculated on a flat fee or percentage basis, or any
225 other reasonable means by which a local enforcement agency
226 assesses the cost for its plans review or inspection services.
227 The local jurisdiction may not charge fees for building
228 inspections if the fee owner or contractor hires a private
229 provider to perform such services; however, the local
230 jurisdiction may charge a reasonable administrative fee, which
231 must shall be based on the cost that is actually incurred,
232 including the labor cost of the personnel providing the service,
233 by the local jurisdiction or attributable to the local
234 jurisdiction for the clerical and supervisory assistance
235 required, or both.
236 Section 4. Subsections (1) and (2) of section 553.792,
237 Florida Statutes, are amended, and subsection (4) is added to
238 that section, to read:
239 553.792 Building permit application to local government.—
240 (1)(a) After Within 10 days of an applicant submits
241 submitting an application to the local government, the local
242 government shall provide written notice to the applicant within
243 3 calendar days after receipt of the application advising shall
244 advise the applicant of any what information, if any, is needed
245 to deem the application properly completed in compliance with
246 the filing requirements published by the local government. If
247 the local government does not provide timely written notice that
248 the applicant has not submitted a the properly completed
249 application, the application is shall be automatically deemed
250 properly completed and sufficient accepted.
251 (b) Within 9 calendar 45 days after receiving a completed
252 application, a local government must provide written notice to
253 notify an applicant if additional information is required for
254 the local government to determine the sufficiency of the
255 application, which notice must and shall specify the additional
256 information that is required. The applicant may must submit the
257 additional information to the local government or request that
258 the local government act without the additional information.
259 While the applicant responds to the request for additional
260 information, the 120-day period described in this subsection is
261 tolled. Both parties may agree to a reasonable request for an
262 extension of time, particularly in the event of a force majeure
263 or other extraordinary circumstance. The local government must
264 approve, approve with conditions, or deny the application within
265 120 days following receipt of a completed application.
266 (c) A local government shall maintain on its website a
267 policy containing procedures and expectations for expedited
268 processing of those building permits and development orders
269 required by law to be expedited.
270 (d)1.(b)1. When reviewing an application for a building
271 permit, a local government may not request additional
272 information from the applicant more than two three times, unless
273 the applicant waives such limitation in writing.
274 2. If a local government requests additional information
275 from an applicant and the applicant submits the requested
276 additional information to the local government within 30 days
277 after receiving the request, the local government must, within 9
278 calendar 15 days after receiving such information:
279 a. Determine if the application is properly completed;
280 b. Approve the application;
281 c. Approve the application with conditions;
282 d. Deny the application; or
283 d.e. Advise the applicant in writing of any information, if
284 any, that is needed to deem the application properly completed
285 or to determine the sufficiency of the application.
286 3. If a local government makes a second request for
287 additional information from the applicant and the applicant
288 submits the requested additional information to the local
289 government within 30 days after receiving the request, the local
290 government must, within 10 days after receiving such
291 information:
292 a. Determine if the application is properly completed;
293 b. Approve the application;
294 c. Approve the application with conditions;
295 d. Deny the application; or
296 e. Advise the applicant of information, if any, that is
297 needed to deem the application properly completed or to
298 determine the sufficiency of the application.
299 3.4. Before a second third request for additional
300 information may be made, the local government must offer the
301 applicant must be offered an opportunity to meet in person or
302 virtually with the local government to attempt to resolve
303 outstanding issues. Such meeting must occur within 5 calendar
304 days after the applicant notifies the local government in
305 writing that he or she wants an in-person or virtual meeting,
306 unless the applicant agrees in writing to a later date.
307 4. If a local government makes a second third request for
308 additional information from the applicant and the applicant
309 submits the requested additional information to the local
310 government within 30 days after receiving the request, unless
311 the applicant waives the required timeframe in writing, the
312 local government must, within 9 calendar 10 days after receiving
313 such information unless the applicant waived the local
314 government’s limitation in writing, determine that the
315 application is complete and:
316 a. Approve the application;
317 b. Approve the application with conditions; or
318 c. Deny the application and provide the applicant with
319 sufficient reason for such denial.
320 5. If the applicant believes the request for additional
321 information is not authorized by ordinance, rule, statute, or
322 other legal authority, the local government, at the applicant’s
323 written request, must process the application within 9 calendar
324 days after receipt of the request and either approve the
325 application, approve the application with conditions, or deny
326 the application and provide the applicant with sufficient reason
327 for such denial.
328 6. If a local government does not timely notify the
329 applicant that the application is approved, approved with
330 conditions, or denied, the application is deemed approved.
331 (e) The following timeframes apply for single-family or
332 two-family dwellings or townhomes located within a master plan
333 community for which the permit for the master plan community has
334 already been approved under s. 553.794:
335 1. After an applicant submits an application to the local
336 government, the local government must provide written notice to
337 the applicant within 1 calendar day after receipt of the
338 application advising the applicant of any information that is
339 needed to deem the application properly completed in compliance
340 with the filing requirements published by the local government.
341 If the local government does not provide timely written notice
342 that the applicant has not submitted a properly completed
343 application, the application is automatically deemed properly
344 completed and sufficient.
345 2. Within 5 calendar days after receiving a completed
346 application, a local government must provide written notice to
347 an applicant if additional information is required for the local
348 government to determine the sufficiency of the application,
349 which notice must specify the additional information that is
350 required. The applicant may submit the additional information to
351 the local government or request that the local government act
352 without the additional information.
353 3. When reviewing an application under this paragraph, a
354 local government may not request additional information from the
355 applicant more than once, unless the applicant waives such
356 limitation in writing.
357 4. If a local government requests additional information
358 from the applicant and the applicant submits the requested
359 additional information to the local government, the local
360 government must, within 5 calendar days after receiving such
361 information, unless the applicant waived the local government’s
362 time limitation in writing, determine that the application is
363 complete and:
364 a. Approve the application;
365 b. Approve the application with conditions; or
366 c. Deny the application and provide the applicant with
367 sufficient reason for such denial.
368 5. If a local government does not timely notify the
369 applicant that the application is approved, approved with
370 conditions, or denied, the application is deemed approved.
371 6. If an owner or a contractor retains a private provider
372 for purposes of plans review, the timeframes in subparagraphs
373 2., 4., and 5. are reduced to 3 calendar days.
374 (f) A building permit for a single-family residential
375 dwelling applied for by a contractor licensed in this state on
376 behalf of a property owner who participates in a Community
377 Development Block Grant–Disaster Recovery program administered
378 by the Department of Commerce must be issued within 9 calendar
379 days after receipt of the application unless the permit
380 application fails to satisfy the Florida Building Code or the
381 enforcing agency’s laws or ordinances.
382 (g)(c) If a local government fails to meet a deadline
383 specified under this subsection provided in paragraphs (a) and
384 (b), it must reduce the building permit fee by 10 percent for
385 each calendar business day that it fails to meet the deadline,
386 unless the parties agree in writing to a reasonable extension of
387 time. Each 10-percent reduction must shall be based on the
388 original amount of the building permit fee, unless the parties
389 agree to an extension of time.
390 (h) A building permit issued for a single-family
391 residential dwelling is valid indefinitely but must comply with
392 any changes to the Florida Building Code or a local government’s
393 rules or ordinances which are made after the issuance of the
394 building permit.
395 (2)(a) The procedures set forth in subsection (1) apply to
396 the following building permit applications: accessory structure;
397 alarm permit; nonresidential buildings less than 25,000 square
398 feet; electric; irrigation permit; landscaping; mechanical;
399 plumbing; residential units, including a single-family
400 residential other than a single family unit or a single-family
401 residential dwelling; multifamily residential not exceeding 50
402 units; roofing; signs; site-plan approvals and subdivision plats
403 not requiring public hearings or public notice; and lot grading
404 and site alteration associated with the permit application set
405 forth in this subsection. The procedures set forth in subsection
406 (1) do not apply to permits for any wireless communications
407 facilities or when a law, agency rule, or local ordinance
408 specify different timeframes for review of local building permit
409 applications.
410 (b) If A local government must meet has different
411 timeframes than the timeframes specified set forth in subsection
412 (1) for reviewing building permit applications described in
413 paragraph (a) unless the timeframes established, the local
414 government must meet the deadlines established by local
415 ordinance are more stringent than those prescribed in subsection
416 (1). If a local government does not meet an established deadline
417 to approve, approve with conditions, or deny an application, it
418 must reduce the building permit fee by 10 percent for each
419 business day that it fails to meet the deadline. Each 10-percent
420 reduction shall be based on the original amount of the building
421 permit fee, unless the parties agree to an extension of time.
422 This paragraph does not apply to permits for any wireless
423 communications facilities.
424 (4)(a) Upon request by an applicant, the local government
425 shall issue no less than 50 percent of the permits for the
426 dwellings to be built, but not occupied, in the applicant’s
427 residential community, so long as the developer or owner meets
428 the requirements of s. 177.073(6). The permit application must
429 also meet the requirements of the Florida Building Code.
430 (b) An applicant may contract to sell, but may not transfer
431 ownership of, a residential structure or building located in the
432 residential subdivision until the final plat is approved by the
433 governing body and recorded in the public records by the clerk
434 of the circuit court.
435 Section 5. Section 440.103, Florida Statutes, is amended to
436 read:
437 440.103 Building permits; identification of minimum premium
438 policy.—Every employer shall, as a condition to applying for and
439 receiving a building permit, show proof and certify to the
440 permit issuer that it has secured compensation for its employees
441 under this chapter as provided in ss. 440.10 and 440.38. Such
442 proof of compensation must be evidenced by a certificate of
443 coverage issued by the carrier, a valid exemption certificate
444 approved by the department, or a copy of the employer’s
445 authority to self-insure and shall be presented, electronically
446 or physically, each time the employer applies for a building
447 permit. As provided in s. 553.79(23) s. 553.79(24), for the
448 purpose of inspection and record retention, site plans or
449 building permits may be maintained at the worksite in the
450 original form or in the form of an electronic copy. These plans
451 and permits must be open to inspection by the building official
452 or a duly authorized representative, as required by the Florida
453 Building Code. As provided in s. 627.413(5), each certificate of
454 coverage must show, on its face, whether or not coverage is
455 secured under the minimum premium provisions of rules adopted by
456 rating organizations licensed pursuant to s. 627.221. The words
457 “minimum premium policy” or equivalent language shall be typed,
458 printed, stamped, or legibly handwritten.
459 Section 6. This act shall take effect July 1, 2024.