HB 671 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to residential building permits; 2
amending s. 553.79, F.S.; removing provisions relating 3
to acquiring building permits for certain residential 4
dwellings; amending s. 553.791, F.S.; requiring a 5
local jurisdiction to reduce permit fees by a certain 6
percentage under certain circumstances; amending s. 7
553.792, F.S.; revising the timeframes for approving 8
or denying certain building permits; revising h ow many 9
times a local government may request additional 10
information from an applicant; specifying when a 11
permit application is deemed complete and sufficient; 12
requiring the opportunity for an in -person or virtual 13
meeting before a second request for additio nal 14
information may be made; reducing permit fees by a 15
certain percentage if certain timeframes are not met; 16
authorizing both parties to extend certain timeframes 17
under certain circumstances; specifying that the 18
permit requirements apply to single -family residential 19
units and single-family residential dwellings; 20
requiring that local governments follow the prescribed 21
timeframes unless the local ordinance is more 22
stringent; conforming provisions to changes made by 23
the act; amending s. 440.103, F.S.; conformin g a 24
cross-reference; providing an effective date. 25
HB 671 2023
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Subsection (16) of section 553.79, Florida 29
Statutes, is amended to read: 30
553.79 Permits; applications; issuance; inspections. — 31
(16) Except as provided in paragraph (e), a building 32
permit for a single-family residential dwelling must be issued 33
within 30 business days after receiving the permit application 34
unless the permit application fails to satisfy the Florida 35
Building Code or the enforcing agency's laws or ordinances. 36
(a) If a local enforcement agency fails to issue a 37
building permit for a single -family residential dwelling within 38
30 business days after receiving the permit application, it must 39
reduce the building permit f ee by 10 percent for each business 40
day that it fails to meet the deadline. Each 10 -percent 41
reduction shall be based on the original amount of the building 42
permit fee. 43
(b) A local enforcement agency does not have to reduce the 44
building permit fee if it pr ovides written notice to the 45
applicant, by e-mail or United States Postal Service, within 30 46
business days after receiving the permit application, that 47
specifically states the reasons the permit application fails to 48
satisfy the Florida Building Code or the enforcing agency's laws 49
or ordinances. The written notice must also state that the 50
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applicant has 10 business days after receiving the written 51
notice to submit revisions to correct the permit application and 52
that failure to correct the application within 1 0 business days 53
will result in a denial of the application. 54
(c) The applicant has 10 business days after receiving the 55
written notice to address the reasons specified by the local 56
enforcement agency and submit revisions to correct the permit 57
application. If the applicant submits revisions within 10 58
business days after receiving the written notice, the local 59
enforcement agency has 10 business days after receiving such 60
revisions to approve or deny the building permit unless the 61
applicant agrees to a longer period in writing. If the local 62
enforcement agency fails to issue or deny the building permit 63
within 10 business days after receiving the revisions, it must 64
reduce the building permit fee by 20 percent for the first 65
business day that it fails to meet the d eadline unless the 66
applicant agrees to a longer period in writing. For each 67
additional business day, but not to exceed 5 business days, that 68
the local enforcement agency fails to meet the deadline, the 69
building permit fee must be reduced by an additional 1 0 percent. 70
Each reduction shall be based on the original amount of the 71
building permit fee. 72
(d) If any building permit fees are refunded under this 73
subsection, the surcharges provided in s. 468.631 or s. 553.721 74
must be recalculated based on the amount o f the building permit 75
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fees after the refund. 76
(e) A building permit for a single -family residential 77
dwelling applied for by a contractor licensed in this state on 78
behalf of a property owner who participates in a Community 79
Development Block Grant –Disaster Recovery program administered 80
by the Department of Economic Opportunity must be issued within 81
15 working days after receipt of the application unless the 82
permit application fails to satisfy the Florida Building Code or 83
the enforcing agency's laws or ordina nces. 84
Section 2. Paragraph (b) of subsection (2) of section 85
553.791, Florida Statutes, is amended to read: 86
553.791 Alternative plans review and inspection. — 87
(2) 88
(b) If an owner or contractor retains a private provider 89
for purposes of plans review or building inspection services, 90
the local jurisdiction must reduce the permit fee by 75 percent 91
the amount of cost savings realized by the local enforcement 92
agency for not having to perform such services. Such reduction 93
may be calculated on a flat fee or percentage basis, or any 94
other reasonable means by which a local enforcement agency 95
assesses the cost for its plans review or inspection services. 96
The local jurisdiction may not charge fees for building 97
inspections if the fee owner or contractor hires a pr ivate 98
provider to perform such services; however, the local 99
jurisdiction may charge a reasonable administrative fee, which 100
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must shall be based on the cost that is actually incurred, 101
including the labor cost of the personnel providing the service, 102
by the local jurisdiction or attributable to the local 103
jurisdiction for the clerical and supervisory assistance 104
required, or both. 105
Section 3. Subsections (1) and (2) of section 553.792, 106
Florida Statutes, are amended to read: 107
553.792 Building permit application to local government. — 108
(1)(a) After Within 10 days of an applicant submits 109
submitting an application to the local government, the local 110
government must provide written notice to the applicant within 3 111
calendar days after receipt of the applica tion advising shall 112
advise the applicant what information, if any, is needed to deem 113
the application properly completed in compliance with the filing 114
requirements published by the local government. If the local 115
government does not provide timely written notice that the 116
applicant has not submitted a the properly completed 117
application, the application is shall be automatically deemed 118
properly completed and sufficient accepted. 119
(b) Within 9 calendar 45 days after receiving a completed 120
application, a local go vernment must provide written notice to 121
notify an applicant if additional information is required for 122
the local government to determine the sufficiency of the 123
application, and the notice must shall specify the additional 124
information that is required. The a pplicant may must submit the 125
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additional information to the local government or request that 126
the local government act without the additional information. 127
While the applicant responds to the request for additional 128
information, the 120 -day period described in this subsection is 129
tolled. Both parties may agree to a reasonable request for an 130
extension of time, particularly in the event of a force majeure 131
or other extraordinary circumstance. The local government must 132
approve, approve with conditions, or deny the a pplication within 133
120 days following receipt of a completed application. 134
(c)1.(b)1. When reviewing an application for a building 135
permit, a local government may not request additional 136
information from the applicant more than two three times, unless 137
the applicant waives such limitation in writing. 138
2. If a local government requests additional information 139
from an applicant and the applicant submits the requested 140
additional information to the local government within 30 days 141
after receiving the request , the local government must, within 9 142
calendar 15 days after receiving such information: 143
a. Determine if the application is properly completed; 144
b. Approve the application; 145
c. Approve the application with conditions; 146
d. Deny the application; or 147
d.e. Advise the applicant in writing of information, if 148
any, that is needed to deem the application properly completed 149
or to determine the sufficiency of the application. 150
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3. If a local government makes a second request for 151
additional information from the a pplicant and the applicant 152
submits the requested additional information to the local 153
government within 30 days after receiving the request, the local 154
government must, within 10 days after receiving such 155
information: 156
a. Determine if the application is pro perly completed; 157
b. Approve the application; 158
c. Approve the application with conditions; 159
d. Deny the application; or 160
e. Advise the applicant of information, if any, that is 161
needed to deem the application properly completed or to 162
determine the sufficiency of the application. 163
3.4. Before a second third request for additional 164
information may be made, the local government must offer the 165
applicant must be offered an opportunity to meet in person or 166
virtually with the local government to attempt to reso lve 167
outstanding issues. The meeting must occur within 5 calendar 168
days after the applicant notifies the local government in 169
writing that he or she wants an in -person or virtual meeting 170
unless the applicant agrees to a longer time period in writing. 171
4. If a local government makes a second third request for 172
additional information from the applicant and the applicant 173
submits the requested additional information to the local 174
government within 30 days after receiving the request , the local 175
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government must, with in 9 calendar 10 days after receiving such 176
information unless the applicant waived the local government's 177
time limitation in writing, determine that the application is 178
complete and: 179
a. Approve the application; 180
b. Approve the application with conditions ; or 181
c. Deny the application and provide the applicant with 182
sufficient reason for such denial . 183
5. If the applicant believes the request for additional 184
information is not authorized by ordinance, rule, statute, or 185
other legal authority, the local govern ment, at the applicant's 186
written request, must process the application within 9 calendar 187
days after receipt of the request and either approve the 188
application, approve the application with conditions, or deny 189
the application and provide the applicant with s ufficient reason 190
for such denial. 191
6. If a local government does not notify the applicant 192
that the application is approved, approved with conditions, or 193
denied within 9 calendar days after the local government 194
receives the additional information requested under subparagraph 195
4., the application is deemed approved. 196
(d) The following timeframes apply for single -family or 197
two-family dwellings or townhomes located within a master plan 198
community for which the permit for the master plan community has 199
already been approved under s. 553.794: 200
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1. After an applicant submits an application to the local 201
government, the local government must provide written notice to 202
the applicant within 1 calendar day after receipt of the 203
application advising the applicant what infor mation, if any, is 204
needed to deem the application properly completed in compliance 205
with the filing requirements published by the local government. 206
If the local government does not provide timely written notice 207
that the applicant has not submitted a properl y completed 208
application, the application is automatically deemed properly 209
completed and approved. 210
2. Within 5 calendar days after receiving a completed 211
application, a local government must provide written notice to 212
an applicant if additional information is required for the local 213
government to determine the sufficiency of the application, and 214
the notice must specify the additional information that is 215
required. The applicant may submit the additional information to 216
the local government or request that the l ocal government act 217
without the additional information. 218
3. When reviewing an application under this paragraph, a 219
local government may not request additional information from the 220
applicant more than once, unless the applicant waives such 221
limitation in writing. 222
4. If a local government requests additional information 223
from the applicant and the applicant submits the requested 224
additional information to the local government, the local 225
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government must, within 5 calendar days after receiving such 226
information unless the applicant waived the local government's 227
time limitation in writing, determine that the application is 228
complete and: 229
a. Approve the application; 230
b. Approve the application with conditions; or 231
c. Deny the application and provide the applicant with 232
sufficient reason for such denial. 233
5. If a local government does not notify the applicant 234
that the application is approved, approved with conditions, or 235
denied within 5 calendar days after the local government 236
receives the additional information re quested under subparagraph 237
4., the application is deemed approved. 238
6. If an owner or contractor retains a private provider 239
for purposes of plans review, the timeframes in subparagraphs 240
2., 4., and 5. are reduced to 3 calendar days. 241
(e) A building permi t for a single-family residential 242
dwelling applied for by a contractor licensed in this state on 243
behalf of a property owner who participates in a Community 244
Development Block Grant –Disaster Recovery program administered 245
by the Department of Economic Opportu nity must be issued within 246
9 calendar days after receipt of the application unless the 247
permit application fails to satisfy the Florida Building Code or 248
the enforcing agency's laws or ordinances. 249
(f)(c) If a local government fails to meet a deadline set 250
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under this subsection provided in paragraphs (a) and (b) , it 251
must reduce the building permit fee by 10 percent for each 252
calendar business day that it fails to meet the deadline , unless 253
the parties agree in writing to a reasonable extension of time . 254
Each 10-percent reduction shall be based on the original amount 255
of the building permit fee, unless the parties agree to an 256
extension of time. 257
(2)(a) The procedures set forth in subsection (1) apply to 258
the following building permit applications: accessory struct ure; 259
alarm permit; nonresidential buildings less than 25,000 square 260
feet; electric; irrigation permit; landscaping; mechanical; 261
plumbing; residential units including other than a single-family 262
residential single family unit or a single-family residential 263
dwelling; multifamily residential not exceeding 50 units; 264
roofing; signs; site -plan approvals and subdivision plats not 265
requiring public hearings or public notice; and lot grading and 266
site alteration associated with the permit application set forth 267
in this subsection. The procedures set forth in subsection (1) 268
do not apply to permits for any wireless communications 269
facilities or when a law, agency rule, or local ordinance 270
specify different timeframes for review of local building permit 271
applications. 272
(b) If A local government must meet has different 273
timeframes than the timeframes set forth in subsection (1) for 274
reviewing building permit applications described in paragraph 275
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(a) unless the timeframes set , the local government must meet 276
the deadlines established by local ordinance are more stringent 277
than those prescribed in subsection (1) . If a local government 278
does not meet an established deadline to approve, approve with 279
conditions, or deny an application, it must reduce the building 280
permit fee by 10 percent fo r each business day that it fails to 281
meet the deadline. Each 10 -percent reduction shall be based on 282
the original amount of the building permit fee, unless the 283
parties agree to an extension of time. This paragraph does not 284
apply to permits for any wireless communications facilities. 285
Section 4. Section 440.103, Florida Statutes, is amended 286
to read: 287
440.103 Building permits; identification of minimum 288
premium policy.—Every employer shall, as a condition to applying 289
for and receiving a building permit, sho w proof and certify to 290
the permit issuer that it has secured compensation for its 291
employees under this chapter as provided in ss. 440.10 and 292
440.38. Such proof of compensation must be evidenced by a 293
certificate of coverage issued by the carrier, a valid ex emption 294
certificate approved by the department, or a copy of the 295
employer's authority to self -insure and shall be presented, 296
electronically or physically, each time the employer applies for 297
a building permit. As provided in s. 553.79(22) s. 553.79(23), 298
for the purpose of inspection and record retention, site plans 299
or building permits may be maintained at the worksite in the 300
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original form or in the form of an electronic copy. These plans 301
and permits must be open to inspection by the building official 302
or a duly authorized representative, as required by the Florida 303
Building Code. As provided in s. 627.413(5), each certificate of 304
coverage must show, on its face, whether or not coverage is 305
secured under the minimum premium provisions of rules adopted by 306
rating organizations licensed pursuant to s. 627.221. The words 307
"minimum premium policy" or equivalent language shall be typed, 308
printed, stamped, or legibly handwritten. 309
Section 5. This act shall take effect July 1, 2023. 310