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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 ce rtain 6
percentage under certain circumstances; amending s. 7
553.792, F.S.; revising the timeframes for approving 8
or denying certain building permits; revising how 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 additional 14
information may be made; reducing permit fees by a 15
certain percentage if certain timeframes ar e 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; requiring a local government to issue a 24
certain percentage of building permits for a 25
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residential community if certain conditions are m et; 26
creating s. 553.845, F.S.; providing legislative 27
findings; providing definitions; providing specified 28
maximum voluntary freeboard requirements for new 29
residential construction and substantial improvements 30
to existing residential construction; prohibiti ng 31
voluntary freeboard from being used in the calculation 32
of the maximum allowable height for certain 33
structures; authorizing local governments to adopt by 34
ordinance a maximum voluntary freeboard that exceeds 35
certain requirements; amending s. 440.103, F.S. ; 36
conforming a cross-reference; providing an effective 37
date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsection (16) of section 553.79, Florida 42
Statutes, is amended to read: 43
553.79 Permits; applications; issuance; i nspections.— 44
(16) Except as provided in paragraph (e), a building 45
permit for a single-family residential dwelling must be issued 46
within 30 business days after receiving the permit application 47
unless the permit application fails to satisfy the Florida 48
Building Code or the enforcing agency's laws or ordinances. 49
(a) If a local enforcement agency fails to issue a 50
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building permit for a single -family residential dwelling within 51
30 business days after receiving the permit application, it must 52
reduce the building permit fee by 10 percent for each business 53
day that it fails to meet the deadline. Each 10 -percent 54
reduction shall be based on the original amount of the building 55
permit fee. 56
(b) A local enforcement agency does not have to reduce the 57
building permit fee if it provides written notice to the 58
applicant, by e-mail or United States Postal Service, within 30 59
business days after receiving the permit application, that 60
specifically states the reasons the permit application fails to 61
satisfy the Florida Building Code or the enforcing agency's laws 62
or ordinances. The written notice must also state that the 63
applicant has 10 business days after receiving the written 64
notice to submit revisions to correct the permit application and 65
that failure to correct the applicati on within 10 business days 66
will result in a denial of the application. 67
(c) The applicant has 10 business days after receiving the 68
written notice to address the reasons specified by the local 69
enforcement agency and submit revisions to correct the permit 70
application. If the applicant submits revisions within 10 71
business days after receiving the written notice, the local 72
enforcement agency has 10 business days after receiving such 73
revisions to approve or deny the building permit unless the 74
applicant agrees to a longer period in writing. If the local 75
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enforcement agency fails to issue or deny the building permit 76
within 10 business days after receiving the revisions, it must 77
reduce the building permit fee by 20 percent for the first 78
business day that it fails to meet the deadline unless the 79
applicant agrees to a longer period in writing. For each 80
additional business day, but not to exceed 5 business days, that 81
the local enforcement agency fails to meet the deadline, the 82
building permit fee must be reduced by an a dditional 10 percent. 83
Each reduction shall be based on the original amount of the 84
building permit fee. 85
(d) If any building permit fees are refunded under this 86
subsection, the surcharges provided in s. 468.631 or s. 553.721 87
must be recalculated based on t he amount of the building permit 88
fees after the refund. 89
(e) A building permit for a single -family residential 90
dwelling applied for by a contractor licensed in this state on 91
behalf of a property owner who participates in a Community 92
Development Block Gran t–Disaster Recovery program administered 93
by the Department of Economic Opportunity must be issued within 94
15 working days after receipt of the application unless the 95
permit application fails to satisfy the Florida Building Code or 96
the enforcing agency's law s or ordinances. 97
Section 2. Paragraph (b) of subsection (2) of section 98
553.791, Florida Statutes, is amended to read: 99
553.791 Alternative plans review and inspection. — 100
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(2) 101
(b) If an owner or contractor retains a private provider 102
for purposes of plans review or building inspection services, 103
the local jurisdiction must reduce the permit fee by 75 percent 104
the amount of cost savings realized by the local enforcement 105
agency for not having to perform such services. Such reduction 106
may be calculated on a f lat fee or percentage basis, or any 107
other reasonable means by which a local enforcement agency 108
assesses the cost for its plans review or inspection services. 109
The local jurisdiction may not charge fees for building 110
inspections if the fee owner or contractor hires a private 111
provider to perform such services; however, the local 112
jurisdiction may charge a reasonable administrative fee, which 113
must shall be based on the cost that is actually incurred, 114
including the labor cost of the personnel providing the service , 115
by the local jurisdiction or attributable to the local 116
jurisdiction for the clerical and supervisory assistance 117
required, or both. 118
Section 3. Subsections (1) and (2) of section 553.792, 119
Florida Statutes, are amended, and subsection (4) is added to 120
that section, to read: 121
553.792 Building permit application to local government. — 122
(1)(a) After Within 10 days of an applicant submits 123
submitting an application to the local government, the local 124
government must provide written notice to the applicant within 3 125
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calendar days after receipt of the application advising shall 126
advise the applicant what information, if any, is needed to deem 127
the application properly completed in compliance with the filing 128
requirements published by the local government. If the local 129
government does not provide timely written notice that the 130
applicant has not submitted a the properly completed 131
application, the application is shall be automatically deemed 132
properly completed and sufficient accepted. 133
(b) Within 9 calendar 45 days after receiving a completed 134
application, a local government must provide written notice to 135
notify an applicant if additional information is required for 136
the local government to determine the sufficiency of the 137
application, and the notice must shall specify the additional 138
information that is required. The applicant may must submit the 139
additional information to the local government or request that 140
the local government act without the additional information. 141
While the applicant responds to the request for additional 142
information, the 120 -day period described in this subsection is 143
tolled. Both parties may agree to a reasonable request for an 144
extension of time, particularly in the event of a force majeure 145
or other extraordinary circumstance. The local government must 146
approve, approve with conditions, or deny the application within 147
120 days following receipt of a completed application. 148
(c)1.(b)1. When reviewing an application for a building 149
permit, a local government ma y not request additional 150
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information from the applicant more than two three times, unless 151
the applicant waives such limitation in writing. 152
2. If a local government requests additional information 153
from an applicant and the applicant submits the requested 154
additional information to the local government within 30 days 155
after receiving the request , the local government must, within 9 156
calendar 15 days after receiving such information: 157
a. Determine if the application is properly completed; 158
b. Approve the application; 159
c. Approve the application with conditions; 160
d. Deny the application; or 161
d.e. Advise the applicant in writing of information, if 162
any, that is needed to deem the application properly completed 163
or to determine the sufficiency of the applica tion. 164
3. If a local government makes a second request for 165
additional information from the applicant and the applicant 166
submits the requested additional information to the local 167
government within 30 days after receiving the request, the local 168
government must, within 10 days after receiving such 169
information: 170
a. Determine if the application is properly completed; 171
b. Approve the application; 172
c. Approve the application with conditions; 173
d. Deny the application; or 174
e. Advise the applicant of information , if any, that is 175
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needed to deem the application properly completed or to 176
determine the sufficiency of the application. 177
3.4. Before a second third request for additional 178
information may be made, the local government must offer the 179
applicant must be offered an opportunity to meet in person or 180
virtually with the local government to attempt to resolve 181
outstanding issues. The meeting must occur within 5 calendar 182
days after the applicant notifies the local government in 183
writing that he or she wants an in -person or virtual meeting 184
unless the applicant agrees to a longer time period in writing. 185
4. If a local government makes a second third request for 186
additional information from the applicant and the applicant 187
submits the requested additional information to the local 188
government within 30 days after receiving the request , the local 189
government must, within 9 calendar 10 days after receiving such 190
information unless the applicant waived the local government's 191
time limitation in writing, determine that the applicatio n is 192
complete and: 193
a. Approve the application; 194
b. Approve the application with conditions; or 195
c. Deny the application and provide the applicant with 196
sufficient reason for such denial . 197
5. If the applicant believes the request for additional 198
information is not authorized by ordinance, rule, statute, or 199
other legal authority, the local government, at the applicant's 200
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written request, must process the application within 9 calendar 201
days after receipt of the request and either approve the 202
application, approve the application with conditions, or deny 203
the application and provide the applicant with sufficient reason 204
for such denial. 205
6. If a local government does not notify the applicant 206
that the application is approved, approved with conditions, or 207
denied within 9 calendar days after the local government 208
receives the additional information requested under subparagraph 209
4., the application is deemed approved. 210
(d) The following timeframes apply for single -family or 211
two-family dwellings or townhomes located wit hin a master plan 212
community for which the permit for the master plan community has 213
already been approved under s. 553.794: 214
1. After an applicant submits an application to the local 215
government, the local government must provide written notice to 216
the applicant within 1 calendar day after receipt of the 217
application advising the applicant what information, if any, is 218
needed to deem the application properly completed in compliance 219
with the filing requirements published by the local government. 220
If the local government does not provide timely written notice 221
that the applicant has not submitted a properly completed 222
application, the application is automatically deemed properly 223
completed and approved. 224
2. Within 5 calendar days after receiving a completed 225
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application, a local government must provide written notice to 226
an applicant if additional information is required for the local 227
government to determine the sufficiency of the application, and 228
the notice must specify the additional information that is 229
required. The applicant may submit the additional information to 230
the local government or request that the local government act 231
without the additional information. 232
3. When reviewing an application under this paragraph, a 233
local government may not request additional info rmation from the 234
applicant more than once, unless the applicant waives such 235
limitation in writing. 236
4. If a local government requests additional information 237
from the applicant and the applicant submits the requested 238
additional information to the local gov ernment, the local 239
government must, within 5 calendar days after receiving such 240
information unless the applicant waived the local government's 241
time limitation in writing, determine that the application is 242
complete and: 243
a. Approve the application; 244
b. Approve the application with conditions; or 245
c. Deny the application and provide the applicant with 246
sufficient reason for such denial. 247
5. If a local government does not notify the applicant 248
that the application is approved, approved with conditions, or 249
denied within 5 calendar days after the local government 250
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receives the additional information requested under subparagraph 251
4., the application is deemed approved. 252
6. If an owner or contractor retains a private provider 253
for purposes of plans review, the ti meframes in subparagraphs 254
2., 4., and 5. are reduced to 3 calendar days. 255
(e) A building permit for a single -family residential 256
dwelling applied for by a contractor licensed in this state on 257
behalf of a property owner who participates in a Community 258
Development Block Grant–Disaster Recovery program administered 259
by the Department of Economic Opportunity must be issued within 260
9 calendar days after receipt of the application unless the 261
permit application fails to satisfy the Florida Building Code or 262
the enforcing agency's laws or ordinances. 263
(f)(c) If a local government fails to meet a deadline set 264
under this subsection provided in paragraphs (a) and (b) , it 265
must reduce the building permit fee by 10 percent for each 266
calendar business day that it fails to meet the deadline , unless 267
the parties agree in writing to a reasonable extension of time . 268
Each 10-percent reduction shall be based on the original amount 269
of the building permit fee, unless the parties agree to an 270
extension of time. 271
(2)(a) The procedures set forth in subsection (1) apply to 272
the following building permit applications: accessory structure; 273
alarm permit; nonresidential buildings less than 25,000 square 274
feet; electric; irrigation permit; landscaping; mechanical; 275
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plumbing; residential units including other than a single-family 276
residential single family unit or a single-family residential 277
dwelling; multifamily residential not exceeding 50 units; 278
roofing; signs; site -plan approvals and subdivision plats not 279
requiring public hearings or public notice; and lot grading and 280
site alteration associated with the permit application set forth 281
in this subsection. The procedures set forth in subsection (1) 282
do not apply to permits for any wireless communications 283
facilities or when a law, agency rule, or local ordinance 284
specify different timeframes for review of local building permit 285
applications. 286
(b) If A local government must meet has different 287
timeframes than the timeframes set forth in subsection (1) for 288
reviewing building permit appl ications described in paragraph 289
(a) unless the timeframes set , the local government must meet 290
the deadlines established by local ordinance are more stringent 291
than those prescribed in subsection (1) . If a local government 292
does not meet an established deadli ne to approve, approve with 293
conditions, or deny an application, it must reduce the building 294
permit fee by 10 percent for each business day that it fails to 295
meet the deadline. Each 10 -percent reduction shall be based on 296
the original amount of the building p ermit fee, unless the 297
parties agree to an extension of time. This paragraph does not 298
apply to permits for any wireless communications facilities. 299
(4)(a) Upon a request by an applicant, the local 300
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government must issue at least 50 percent of the building 301
permits for the residential dwellings that are to be built in 302
the applicant's residential community, but not occupied, if the 303
developer or owner meets all of the following conditions: 304
1. The project has an approved temporary plat or a 305
preliminary plat app roval that includes civil engineering plans 306
approved by the local governing body. 307
2. The applicant or developer provides to the local 308
government a copy of the approved temporary plat or preliminary 309
plat approval including the approved civil engineering p lans for 310
the electric, water, and wastewater utilities. 311
3. The applicant or developer provides to the local 312
government a performance bond or other form of guarantee for the 313
satisfaction or completion of the contract for the necessary 314
utilities, roads, an d stormwater improvements that have not been 315
completed by the time of issuance of the first building permit. 316
4. The application for the building permit meets the 317
requirements in the Florida Building Code. 318
(b) The applicant may not transfer ownership of a 319
residential dwelling until a final plat is approved and recorded 320
in the public records of the local government. 321
Section 4. Section 553.845, Florida Statutes, is created 322
to read: 323
553.845 Flood damage prevention. — 324
(1) The Legislature finds that: 325
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(a) The state is vulnerable to the adverse effects of 326
flooding resulting from the frequency and intensity of rainfall 327
and an increase in storm surge and sea level rise. These adverse 328
effects pose a significant risk to existing and future 329
residential structures in the state. 330
(b) Public and private investments in our communities are 331
important for economic growth, and protecting residential 332
structures from flooding is essential to maintaining resilient 333
communities. 334
(c) The mitigation of property damage co nstitutes a valid 335
and recognized objective of the Florida Building Code. 336
(d) It is important to develop a consistent, statewide 337
approach to minimizing flooding in the state to mitigate 338
property damage and encourage continued investment in our 339
communities. 340
(e) Minimum voluntary freeboard requirements are critical 341
to addressing the devastating effects of flooding, and delaying 342
the adoption and implementation of such requirements constitutes 343
a threat to the health, safety, and welfare of the state. 344
(2) For purposes of this section, the term: 345
(a) "Coastal high-hazard area" means a special flood 346
hazard area along the coast, as delineated by a Flood Insurance 347
Rate Map issued by the Federal Emergency Management Agency, that 348
has additional hazards due to win d and wave action. 349
(b) "Freeboard" means the additional height, usually 350
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expressed as a factor of safety in feet, above the base flood 351
elevation in determining the level at which a structure's lowest 352
floor or the bottom of the lowest horizontal structural member 353
must be elevated in accordance with floodplain management 354
regulations and the Florida Building Code. If a base flood 355
elevation is not determined for a structure that is not located 356
in a special flood hazard area as designated by a Flood 357
Insurance Rate Map issued by the Federal Emergency Management 358
Agency, the term "freeboard" means the highest adjacent grade at 359
the foundation of a structure. 360
(c) "Maximum allowable height" means the maximum height 361
allowed for a structure in the applicable zoning di strict. 362
(d) "Substantial improvement" has the meaning as in s. 363
161.54(12). 364
(e) "Voluntary freeboard" means the additional height 365
above the freeboard required by floodplain management 366
regulations and the Florida Building Code. If freeboard is not 367
required by floodplain management regulations and the Florida 368
Building Code, the term "voluntary freeboard" means the 369
additional height above the highest adjacent grade at the 370
foundation of a structure. 371
(3)(a) The maximum voluntary freeboard for all new 372
residential construction and substantial improvements to 373
existing residential construction is 4 feet. 374
(b) Within a coastal high -hazard area, the maximum 375
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voluntary freeboard for all new residential construction and 376
substantial improvements to existing residential construction is 377
9 feet. 378
(4) For all new construction of a residential structure 379
and substantial improvements to an existing residential 380
structure, voluntary freeboard may not be used in the 381
calculation of the maximum allowable height for the structure. 382
(5) A local government may adopt by ordinance a maximum 383
voluntary freeboard that exceeds the requirements in paragraph 384
(3)(a). 385
Section 5. Section 440.103, Florida Statutes, is amended 386
to read: 387
440.103 Building permits; identification of minimum 388
premium policy.—Every employer shall, as a condition to applying 389
for and receiving a building permit, show proof and certify to 390
the permit issuer that it has secured compensation for its 391
employees under this chapter as provided in ss. 440.10 and 392
440.38. Such proof of compensation must be evidenced by a 393
certificate of coverage issued by the carrier, a valid exemption 394
certificate approved by the department, or a copy of the 395
employer's authority to self -insure and shall be presented, 396
electronically or physically, each time the employer applies for 397
a building permit. As provided in s. 553.79(22) s. 553.79(23), 398
for the purpose of inspection and record retention, site plans 399
or building permits may be maintained at the worksite in the 400
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original form or in th e form of an electronic copy. These plans 401
and permits must be open to inspection by the building official 402
or a duly authorized representative, as required by the Florida 403
Building Code. As provided in s. 627.413(5), each certificate of 404
coverage must show, o n its face, whether or not coverage is 405
secured under the minimum premium provisions of rules adopted by 406
rating organizations licensed pursuant to s. 627.221. The words 407
"minimum premium policy" or equivalent language shall be typed, 408
printed, stamped, or leg ibly handwritten. 409
Section 6. This act shall take effect July 1, 2023. 410