FL
Florida House Bill H0671

Florida 2023 Regular Session

Florida House Bill H0671 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to residential building permits; 2
1616 amending s. 553.79, F.S.; removing provisions relating 3
1717 to acquiring building permits for certain residential 4
1818 dwellings; amending s. 553.791, F.S.; requiring a 5
1919 local jurisdiction to reduce permit fees by a certain 6
2020 percentage under certain circumstances; amending s. 7
2121 553.792, F.S.; revising the timeframes for approving 8
2222 or denying certain building permits; revising h ow many 9
2323 times a local government may request additional 10
2424 information from an applicant; specifying when a 11
2525 permit application is deemed complete and sufficient; 12
2626 requiring the opportunity for an in -person or virtual 13
2727 meeting before a second request for additio nal 14
2828 information may be made; reducing permit fees by a 15
2929 certain percentage if certain timeframes are not met; 16
3030 authorizing both parties to extend certain timeframes 17
3131 under certain circumstances; specifying that the 18
3232 permit requirements apply to single -family residential 19
3333 units and single-family residential dwellings; 20
3434 requiring that local governments follow the prescribed 21
3535 timeframes unless the local ordinance is more 22
3636 stringent; conforming provisions to changes made by 23
37-the act; requiring a local government to issue a 24
38-certain percentage of building permits for a 25
37+the act; amending s. 440.103, F.S.; conformin g a 24
38+cross-reference; providing an effective date. 25
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4747 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
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51-residential community if certain conditions are m et; 26
52-creating s. 553.845, F.S.; providing legislative 27
53-findings; providing definitions; providing specified 28
54-maximum voluntary freeboard requirements for new 29
55-residential construction and substantial improvements 30
56-to existing residential construction; prohibiti ng 31
57-voluntary freeboard from being used in the calculation 32
58-of the maximum allowable height for certain 33
59-structures; authorizing local governments to adopt by 34
60-ordinance a maximum voluntary freeboard that exceeds 35
61-certain requirements; amending s. 440.103, F.S. ; 36
62-conforming a cross-reference; providing an effective 37
63-date. 38
64- 39
65-Be It Enacted by the Legislature of the State of Florida: 40
66- 41
67- Section 1. Subsection (16) of section 553.79, Florida 42
68-Statutes, is amended to read: 43
69- 553.79 Permits; applications; issuance; i nspections.— 44
70- (16) Except as provided in paragraph (e), a building 45
71-permit for a single-family residential dwelling must be issued 46
72-within 30 business days after receiving the permit application 47
73-unless the permit application fails to satisfy the Florida 48
74-Building Code or the enforcing agency's laws or ordinances. 49
75- (a) If a local enforcement agency fails to issue a 50
51+ 26
52+Be It Enacted by the Legislature of the State of Florida: 27
53+ 28
54+ Section 1. Subsection (16) of section 553.79, Florida 29
55+Statutes, is amended to read: 30
56+ 553.79 Permits; applications; issuance; inspections. — 31
57+ (16) Except as provided in paragraph (e), a building 32
58+permit for a single-family residential dwelling must be issued 33
59+within 30 business days after receiving the permit application 34
60+unless the permit application fails to satisfy the Florida 35
61+Building Code or the enforcing agency's laws or ordinances. 36
62+ (a) If a local enforcement agency fails to issue a 37
63+building permit for a single -family residential dwelling within 38
64+30 business days after receiving the permit application, it must 39
65+reduce the building permit f ee by 10 percent for each business 40
66+day that it fails to meet the deadline. Each 10 -percent 41
67+reduction shall be based on the original amount of the building 42
68+permit fee. 43
69+ (b) A local enforcement agency does not have to reduce the 44
70+building permit fee if it pr ovides written notice to the 45
71+applicant, by e-mail or United States Postal Service, within 30 46
72+business days after receiving the permit application, that 47
73+specifically states the reasons the permit application fails to 48
74+satisfy the Florida Building Code or the enforcing agency's laws 49
75+or ordinances. The written notice must also state that the 50
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8484 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
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88-building permit for a single -family residential dwelling within 51
89-30 business days after receiving the permit application, it must 52
90-reduce the building permit fee by 10 percent for each business 53
91-day that it fails to meet the deadline. Each 10 -percent 54
92-reduction shall be based on the original amount of the building 55
93-permit fee. 56
94- (b) A local enforcement agency does not have to reduce the 57
95-building permit fee if it provides written notice to the 58
96-applicant, by e-mail or United States Postal Service, within 30 59
97-business days after receiving the permit application, that 60
98-specifically states the reasons the permit application fails to 61
99-satisfy the Florida Building Code or the enforcing agency's laws 62
100-or ordinances. The written notice must also state that the 63
101-applicant has 10 business days after receiving the written 64
102-notice to submit revisions to correct the permit application and 65
103-that failure to correct the applicati on within 10 business days 66
104-will result in a denial of the application. 67
105- (c) The applicant has 10 business days after receiving the 68
106-written notice to address the reasons specified by the local 69
107-enforcement agency and submit revisions to correct the permit 70
108-application. If the applicant submits revisions within 10 71
109-business days after receiving the written notice, the local 72
110-enforcement agency has 10 business days after receiving such 73
111-revisions to approve or deny the building permit unless the 74
112-applicant agrees to a longer period in writing. If the local 75
88+applicant has 10 business days after receiving the written 51
89+notice to submit revisions to correct the permit application and 52
90+that failure to correct the application within 1 0 business days 53
91+will result in a denial of the application. 54
92+ (c) The applicant has 10 business days after receiving the 55
93+written notice to address the reasons specified by the local 56
94+enforcement agency and submit revisions to correct the permit 57
95+application. If the applicant submits revisions within 10 58
96+business days after receiving the written notice, the local 59
97+enforcement agency has 10 business days after receiving such 60
98+revisions to approve or deny the building permit unless the 61
99+applicant agrees to a longer period in writing. If the local 62
100+enforcement agency fails to issue or deny the building permit 63
101+within 10 business days after receiving the revisions, it must 64
102+reduce the building permit fee by 20 percent for the first 65
103+business day that it fails to meet the d eadline unless the 66
104+applicant agrees to a longer period in writing. For each 67
105+additional business day, but not to exceed 5 business days, that 68
106+the local enforcement agency fails to meet the deadline, the 69
107+building permit fee must be reduced by an additional 1 0 percent. 70
108+Each reduction shall be based on the original amount of the 71
109+building permit fee. 72
110+ (d) If any building permit fees are refunded under this 73
111+subsection, the surcharges provided in s. 468.631 or s. 553.721 74
112+must be recalculated based on the amount o f the building permit 75
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121121 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
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125-enforcement agency fails to issue or deny the building permit 76
126-within 10 business days after receiving the revisions, it must 77
127-reduce the building permit fee by 20 percent for the first 78
128-business day that it fails to meet the deadline unless the 79
129-applicant agrees to a longer period in writing. For each 80
130-additional business day, but not to exceed 5 business days, that 81
131-the local enforcement agency fails to meet the deadline, the 82
132-building permit fee must be reduced by an a dditional 10 percent. 83
133-Each reduction shall be based on the original amount of the 84
134-building permit fee. 85
135- (d) If any building permit fees are refunded under this 86
136-subsection, the surcharges provided in s. 468.631 or s. 553.721 87
137-must be recalculated based on t he amount of the building permit 88
138-fees after the refund. 89
139- (e) A building permit for a single -family residential 90
140-dwelling applied for by a contractor licensed in this state on 91
141-behalf of a property owner who participates in a Community 92
142-Development Block Gran t–Disaster Recovery program administered 93
143-by the Department of Economic Opportunity must be issued within 94
144-15 working days after receipt of the application unless the 95
145-permit application fails to satisfy the Florida Building Code or 96
146-the enforcing agency's law s or ordinances. 97
147- Section 2. Paragraph (b) of subsection (2) of section 98
148-553.791, Florida Statutes, is amended to read: 99
149- 553.791 Alternative plans review and inspection. — 100
125+fees after the refund. 76
126+ (e) A building permit for a single -family residential 77
127+dwelling applied for by a contractor licensed in this state on 78
128+behalf of a property owner who participates in a Community 79
129+Development Block Grant –Disaster Recovery program administered 80
130+by the Department of Economic Opportunity must be issued within 81
131+15 working days after receipt of the application unless the 82
132+permit application fails to satisfy the Florida Building Code or 83
133+the enforcing agency's laws or ordina nces. 84
134+ Section 2. Paragraph (b) of subsection (2) of section 85
135+553.791, Florida Statutes, is amended to read: 86
136+ 553.791 Alternative plans review and inspection. — 87
137+ (2) 88
138+ (b) If an owner or contractor retains a private provider 89
139+for purposes of plans review or building inspection services, 90
140+the local jurisdiction must reduce the permit fee by 75 percent 91
141+the amount of cost savings realized by the local enforcement 92
142+agency for not having to perform such services. Such reduction 93
143+may be calculated on a flat fee or percentage basis, or any 94
144+other reasonable means by which a local enforcement agency 95
145+assesses the cost for its plans review or inspection services. 96
146+The local jurisdiction may not charge fees for building 97
147+inspections if the fee owner or contractor hires a pr ivate 98
148+provider to perform such services; however, the local 99
149+jurisdiction may charge a reasonable administrative fee, which 100
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158158 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
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162- (2) 101
163- (b) If an owner or contractor retains a private provider 102
164-for purposes of plans review or building inspection services, 103
165-the local jurisdiction must reduce the permit fee by 75 percent 104
166-the amount of cost savings realized by the local enforcement 105
167-agency for not having to perform such services. Such reduction 106
168-may be calculated on a f lat fee or percentage basis, or any 107
169-other reasonable means by which a local enforcement agency 108
170-assesses the cost for its plans review or inspection services. 109
171-The local jurisdiction may not charge fees for building 110
172-inspections if the fee owner or contractor hires a private 111
173-provider to perform such services; however, the local 112
174-jurisdiction may charge a reasonable administrative fee, which 113
175-must shall be based on the cost that is actually incurred, 114
176-including the labor cost of the personnel providing the service , 115
177-by the local jurisdiction or attributable to the local 116
178-jurisdiction for the clerical and supervisory assistance 117
179-required, or both. 118
180- Section 3. Subsections (1) and (2) of section 553.792, 119
181-Florida Statutes, are amended, and subsection (4) is added to 120
182-that section, to read: 121
183- 553.792 Building permit application to local government. — 122
184- (1)(a) After Within 10 days of an applicant submits 123
185-submitting an application to the local government, the local 124
186-government must provide written notice to the applicant within 3 125
162+must shall be based on the cost that is actually incurred, 101
163+including the labor cost of the personnel providing the service, 102
164+by the local jurisdiction or attributable to the local 103
165+jurisdiction for the clerical and supervisory assistance 104
166+required, or both. 105
167+ Section 3. Subsections (1) and (2) of section 553.792, 106
168+Florida Statutes, are amended to read: 107
169+ 553.792 Building permit application to local government. — 108
170+ (1)(a) After Within 10 days of an applicant submits 109
171+submitting an application to the local government, the local 110
172+government must provide written notice to the applicant within 3 111
173+calendar days after receipt of the applica tion advising shall 112
174+advise the applicant what information, if any, is needed to deem 113
175+the application properly completed in compliance with the filing 114
176+requirements published by the local government. If the local 115
177+government does not provide timely written notice that the 116
178+applicant has not submitted a the properly completed 117
179+application, the application is shall be automatically deemed 118
180+properly completed and sufficient accepted. 119
181+ (b) Within 9 calendar 45 days after receiving a completed 120
182+application, a local go vernment must provide written notice to 121
183+notify an applicant if additional information is required for 122
184+the local government to determine the sufficiency of the 123
185+application, and the notice must shall specify the additional 124
186+information that is required. The a pplicant may must submit the 125
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195195 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
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199-calendar days after receipt of the application advising shall 126
200-advise the applicant what information, if any, is needed to deem 127
201-the application properly completed in compliance with the filing 128
202-requirements published by the local government. If the local 129
203-government does not provide timely written notice that the 130
204-applicant has not submitted a the properly completed 131
205-application, the application is shall be automatically deemed 132
206-properly completed and sufficient accepted. 133
207- (b) Within 9 calendar 45 days after receiving a completed 134
208-application, a local government must provide written notice to 135
209-notify an applicant if additional information is required for 136
210-the local government to determine the sufficiency of the 137
211-application, and the notice must shall specify the additional 138
212-information that is required. The applicant may must submit the 139
213-additional information to the local government or request that 140
214-the local government act without the additional information. 141
215-While the applicant responds to the request for additional 142
216-information, the 120 -day period described in this subsection is 143
217-tolled. Both parties may agree to a reasonable request for an 144
218-extension of time, particularly in the event of a force majeure 145
219-or other extraordinary circumstance. The local government must 146
220-approve, approve with conditions, or deny the application within 147
221-120 days following receipt of a completed application. 148
222- (c)1.(b)1. When reviewing an application for a building 149
223-permit, a local government ma y not request additional 150
199+additional information to the local government or request that 126
200+the local government act without the additional information. 127
201+While the applicant responds to the request for additional 128
202+information, the 120 -day period described in this subsection is 129
203+tolled. Both parties may agree to a reasonable request for an 130
204+extension of time, particularly in the event of a force majeure 131
205+or other extraordinary circumstance. The local government must 132
206+approve, approve with conditions, or deny the a pplication within 133
207+120 days following receipt of a completed application. 134
208+ (c)1.(b)1. When reviewing an application for a building 135
209+permit, a local government may not request additional 136
210+information from the applicant more than two three times, unless 137
211+the applicant waives such limitation in writing. 138
212+ 2. If a local government requests additional information 139
213+from an applicant and the applicant submits the requested 140
214+additional information to the local government within 30 days 141
215+after receiving the request , the local government must, within 9 142
216+calendar 15 days after receiving such information: 143
217+ a. Determine if the application is properly completed; 144
218+ b. Approve the application; 145
219+ c. Approve the application with conditions; 146
220+ d. Deny the application; or 147
221+ d.e. Advise the applicant in writing of information, if 148
222+any, that is needed to deem the application properly completed 149
223+or to determine the sufficiency of the application. 150
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232232 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
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236-information from the applicant more than two three times, unless 151
237-the applicant waives such limitation in writing. 152
238- 2. If a local government requests additional information 153
239-from an applicant and the applicant submits the requested 154
240-additional information to the local government within 30 days 155
241-after receiving the request , the local government must, within 9 156
242-calendar 15 days after receiving such information: 157
243- a. Determine if the application is properly completed; 158
244- b. Approve the application; 159
245- c. Approve the application with conditions; 160
246- d. Deny the application; or 161
247- d.e. Advise the applicant in writing of information, if 162
248-any, that is needed to deem the application properly completed 163
249-or to determine the sufficiency of the applica tion. 164
250- 3. If a local government makes a second request for 165
251-additional information from the applicant and the applicant 166
252-submits the requested additional information to the local 167
253-government within 30 days after receiving the request, the local 168
254-government must, within 10 days after receiving such 169
255-information: 170
256- a. Determine if the application is properly completed; 171
257- b. Approve the application; 172
258- c. Approve the application with conditions; 173
259- d. Deny the application; or 174
260- e. Advise the applicant of information , if any, that is 175
236+ 3. If a local government makes a second request for 151
237+additional information from the a pplicant and the applicant 152
238+submits the requested additional information to the local 153
239+government within 30 days after receiving the request, the local 154
240+government must, within 10 days after receiving such 155
241+information: 156
242+ a. Determine if the application is pro perly completed; 157
243+ b. Approve the application; 158
244+ c. Approve the application with conditions; 159
245+ d. Deny the application; or 160
246+ e. Advise the applicant of information, if any, that is 161
247+needed to deem the application properly completed or to 162
248+determine the sufficiency of the application. 163
249+ 3.4. Before a second third request for additional 164
250+information may be made, the local government must offer the 165
251+applicant must be offered an opportunity to meet in person or 166
252+virtually with the local government to attempt to reso lve 167
253+outstanding issues. The meeting must occur within 5 calendar 168
254+days after the applicant notifies the local government in 169
255+writing that he or she wants an in -person or virtual meeting 170
256+unless the applicant agrees to a longer time period in writing. 171
257+ 4. If a local government makes a second third request for 172
258+additional information from the applicant and the applicant 173
259+submits the requested additional information to the local 174
260+government within 30 days after receiving the request , the local 175
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269269 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
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273-needed to deem the application properly completed or to 176
274-determine the sufficiency of the application. 177
275- 3.4. Before a second third request for additional 178
276-information may be made, the local government must offer the 179
277-applicant must be offered an opportunity to meet in person or 180
278-virtually with the local government to attempt to resolve 181
279-outstanding issues. The meeting must occur within 5 calendar 182
280-days after the applicant notifies the local government in 183
281-writing that he or she wants an in -person or virtual meeting 184
282-unless the applicant agrees to a longer time period in writing. 185
283- 4. If a local government makes a second third request for 186
284-additional information from the applicant and the applicant 187
285-submits the requested additional information to the local 188
286-government within 30 days after receiving the request , the local 189
287-government must, within 9 calendar 10 days after receiving such 190
288-information unless the applicant waived the local government's 191
289-time limitation in writing, determine that the applicatio n is 192
290-complete and: 193
291- a. Approve the application; 194
292- b. Approve the application with conditions; or 195
293- c. Deny the application and provide the applicant with 196
294-sufficient reason for such denial . 197
295- 5. If the applicant believes the request for additional 198
296-information is not authorized by ordinance, rule, statute, or 199
297-other legal authority, the local government, at the applicant's 200
273+government must, with in 9 calendar 10 days after receiving such 176
274+information unless the applicant waived the local government's 177
275+time limitation in writing, determine that the application is 178
276+complete and: 179
277+ a. Approve the application; 180
278+ b. Approve the application with conditions ; or 181
279+ c. Deny the application and provide the applicant with 182
280+sufficient reason for such denial . 183
281+ 5. If the applicant believes the request for additional 184
282+information is not authorized by ordinance, rule, statute, or 185
283+other legal authority, the local govern ment, at the applicant's 186
284+written request, must process the application within 9 calendar 187
285+days after receipt of the request and either approve the 188
286+application, approve the application with conditions, or deny 189
287+the application and provide the applicant with s ufficient reason 190
288+for such denial. 191
289+ 6. If a local government does not notify the applicant 192
290+that the application is approved, approved with conditions, or 193
291+denied within 9 calendar days after the local government 194
292+receives the additional information requested under subparagraph 195
293+4., the application is deemed approved. 196
294+ (d) The following timeframes apply for single -family or 197
295+two-family dwellings or townhomes located within a master plan 198
296+community for which the permit for the master plan community has 199
297+already been approved under s. 553.794: 200
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306306 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
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310-written request, must process the application within 9 calendar 201
311-days after receipt of the request and either approve the 202
312-application, approve the application with conditions, or deny 203
313-the application and provide the applicant with sufficient reason 204
314-for such denial. 205
315- 6. If a local government does not notify the applicant 206
316-that the application is approved, approved with conditions, or 207
317-denied within 9 calendar days after the local government 208
318-receives the additional information requested under subparagraph 209
319-4., the application is deemed approved. 210
320- (d) The following timeframes apply for single -family or 211
321-two-family dwellings or townhomes located wit hin a master plan 212
322-community for which the permit for the master plan community has 213
323-already been approved under s. 553.794: 214
324- 1. After an applicant submits an application to the local 215
325-government, the local government must provide written notice to 216
326-the applicant within 1 calendar day after receipt of the 217
327-application advising the applicant what information, if any, is 218
328-needed to deem the application properly completed in compliance 219
329-with the filing requirements published by the local government. 220
330-If the local government does not provide timely written notice 221
331-that the applicant has not submitted a properly completed 222
332-application, the application is automatically deemed properly 223
333-completed and approved. 224
334- 2. Within 5 calendar days after receiving a completed 225
310+ 1. After an applicant submits an application to the local 201
311+government, the local government must provide written notice to 202
312+the applicant within 1 calendar day after receipt of the 203
313+application advising the applicant what infor mation, if any, is 204
314+needed to deem the application properly completed in compliance 205
315+with the filing requirements published by the local government. 206
316+If the local government does not provide timely written notice 207
317+that the applicant has not submitted a properl y completed 208
318+application, the application is automatically deemed properly 209
319+completed and approved. 210
320+ 2. Within 5 calendar days after receiving a completed 211
321+application, a local government must provide written notice to 212
322+an applicant if additional information is required for the local 213
323+government to determine the sufficiency of the application, and 214
324+the notice must specify the additional information that is 215
325+required. The applicant may submit the additional information to 216
326+the local government or request that the l ocal government act 217
327+without the additional information. 218
328+ 3. When reviewing an application under this paragraph, a 219
329+local government may not request additional information from the 220
330+applicant more than once, unless the applicant waives such 221
331+limitation in writing. 222
332+ 4. If a local government requests additional information 223
333+from the applicant and the applicant submits the requested 224
334+additional information to the local government, the local 225
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343343 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
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347-application, a local government must provide written notice to 226
348-an applicant if additional information is required for the local 227
349-government to determine the sufficiency of the application, and 228
350-the notice must specify the additional information that is 229
351-required. The applicant may submit the additional information to 230
352-the local government or request that the local government act 231
353-without the additional information. 232
354- 3. When reviewing an application under this paragraph, a 233
355-local government may not request additional info rmation from the 234
356-applicant more than once, unless the applicant waives such 235
357-limitation in writing. 236
358- 4. If a local government requests additional information 237
359-from the applicant and the applicant submits the requested 238
360-additional information to the local gov ernment, the local 239
361-government must, within 5 calendar days after receiving such 240
362-information unless the applicant waived the local government's 241
363-time limitation in writing, determine that the application is 242
364-complete and: 243
365- a. Approve the application; 244
366- b. Approve the application with conditions; or 245
367- c. Deny the application and provide the applicant with 246
368-sufficient reason for such denial. 247
369- 5. If a local government does not notify the applicant 248
370-that the application is approved, approved with conditions, or 249
371-denied within 5 calendar days after the local government 250
347+government must, within 5 calendar days after receiving such 226
348+information unless the applicant waived the local government's 227
349+time limitation in writing, determine that the application is 228
350+complete and: 229
351+ a. Approve the application; 230
352+ b. Approve the application with conditions; or 231
353+ c. Deny the application and provide the applicant with 232
354+sufficient reason for such denial. 233
355+ 5. If a local government does not notify the applicant 234
356+that the application is approved, approved with conditions, or 235
357+denied within 5 calendar days after the local government 236
358+receives the additional information re quested under subparagraph 237
359+4., the application is deemed approved. 238
360+ 6. If an owner or contractor retains a private provider 239
361+for purposes of plans review, the timeframes in subparagraphs 240
362+2., 4., and 5. are reduced to 3 calendar days. 241
363+ (e) A building permi t for a single-family residential 242
364+dwelling applied for by a contractor licensed in this state on 243
365+behalf of a property owner who participates in a Community 244
366+Development Block Grant –Disaster Recovery program administered 245
367+by the Department of Economic Opportu nity must be issued within 246
368+9 calendar days after receipt of the application unless the 247
369+permit application fails to satisfy the Florida Building Code or 248
370+the enforcing agency's laws or ordinances. 249
371+ (f)(c) If a local government fails to meet a deadline set 250
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380380 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
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384-receives the additional information requested under subparagraph 251
385-4., the application is deemed approved. 252
386- 6. If an owner or contractor retains a private provider 253
387-for purposes of plans review, the ti meframes in subparagraphs 254
388-2., 4., and 5. are reduced to 3 calendar days. 255
389- (e) A building permit for a single -family residential 256
390-dwelling applied for by a contractor licensed in this state on 257
391-behalf of a property owner who participates in a Community 258
392-Development Block Grant–Disaster Recovery program administered 259
393-by the Department of Economic Opportunity must be issued within 260
394-9 calendar days after receipt of the application unless the 261
395-permit application fails to satisfy the Florida Building Code or 262
396-the enforcing agency's laws or ordinances. 263
397- (f)(c) If a local government fails to meet a deadline set 264
398-under this subsection provided in paragraphs (a) and (b) , it 265
399-must reduce the building permit fee by 10 percent for each 266
400-calendar business day that it fails to meet the deadline , unless 267
401-the parties agree in writing to a reasonable extension of time . 268
402-Each 10-percent reduction shall be based on the original amount 269
403-of the building permit fee, unless the parties agree to an 270
404-extension of time. 271
405- (2)(a) The procedures set forth in subsection (1) apply to 272
406-the following building permit applications: accessory structure; 273
407-alarm permit; nonresidential buildings less than 25,000 square 274
408-feet; electric; irrigation permit; landscaping; mechanical; 275
384+under this subsection provided in paragraphs (a) and (b) , it 251
385+must reduce the building permit fee by 10 percent for each 252
386+calendar business day that it fails to meet the deadline , unless 253
387+the parties agree in writing to a reasonable extension of time . 254
388+Each 10-percent reduction shall be based on the original amount 255
389+of the building permit fee, unless the parties agree to an 256
390+extension of time. 257
391+ (2)(a) The procedures set forth in subsection (1) apply to 258
392+the following building permit applications: accessory struct ure; 259
393+alarm permit; nonresidential buildings less than 25,000 square 260
394+feet; electric; irrigation permit; landscaping; mechanical; 261
395+plumbing; residential units including other than a single-family 262
396+residential single family unit or a single-family residential 263
397+dwelling; multifamily residential not exceeding 50 units; 264
398+roofing; signs; site -plan approvals and subdivision plats not 265
399+requiring public hearings or public notice; and lot grading and 266
400+site alteration associated with the permit application set forth 267
401+in this subsection. The procedures set forth in subsection (1) 268
402+do not apply to permits for any wireless communications 269
403+facilities or when a law, agency rule, or local ordinance 270
404+specify different timeframes for review of local building permit 271
405+applications. 272
406+ (b) If A local government must meet has different 273
407+timeframes than the timeframes set forth in subsection (1) for 274
408+reviewing building permit applications described in paragraph 275
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417417 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
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421-plumbing; residential units including other than a single-family 276
422-residential single family unit or a single-family residential 277
423-dwelling; multifamily residential not exceeding 50 units; 278
424-roofing; signs; site -plan approvals and subdivision plats not 279
425-requiring public hearings or public notice; and lot grading and 280
426-site alteration associated with the permit application set forth 281
427-in this subsection. The procedures set forth in subsection (1) 282
428-do not apply to permits for any wireless communications 283
429-facilities or when a law, agency rule, or local ordinance 284
430-specify different timeframes for review of local building permit 285
431-applications. 286
432- (b) If A local government must meet has different 287
433-timeframes than the timeframes set forth in subsection (1) for 288
434-reviewing building permit appl ications described in paragraph 289
435-(a) unless the timeframes set , the local government must meet 290
436-the deadlines established by local ordinance are more stringent 291
437-than those prescribed in subsection (1) . If a local government 292
438-does not meet an established deadli ne to approve, approve with 293
439-conditions, or deny an application, it must reduce the building 294
440-permit fee by 10 percent for each business day that it fails to 295
441-meet the deadline. Each 10 -percent reduction shall be based on 296
442-the original amount of the building p ermit fee, unless the 297
443-parties agree to an extension of time. This paragraph does not 298
444-apply to permits for any wireless communications facilities. 299
445- (4)(a) Upon a request by an applicant, the local 300
421+(a) unless the timeframes set , the local government must meet 276
422+the deadlines established by local ordinance are more stringent 277
423+than those prescribed in subsection (1) . If a local government 278
424+does not meet an established deadline to approve, approve with 279
425+conditions, or deny an application, it must reduce the building 280
426+permit fee by 10 percent fo r each business day that it fails to 281
427+meet the deadline. Each 10 -percent reduction shall be based on 282
428+the original amount of the building permit fee, unless the 283
429+parties agree to an extension of time. This paragraph does not 284
430+apply to permits for any wireless communications facilities. 285
431+ Section 4. Section 440.103, Florida Statutes, is amended 286
432+to read: 287
433+ 440.103 Building permits; identification of minimum 288
434+premium policy.—Every employer shall, as a condition to applying 289
435+for and receiving a building permit, sho w proof and certify to 290
436+the permit issuer that it has secured compensation for its 291
437+employees under this chapter as provided in ss. 440.10 and 292
438+440.38. Such proof of compensation must be evidenced by a 293
439+certificate of coverage issued by the carrier, a valid ex emption 294
440+certificate approved by the department, or a copy of the 295
441+employer's authority to self -insure and shall be presented, 296
442+electronically or physically, each time the employer applies for 297
443+a building permit. As provided in s. 553.79(22) s. 553.79(23), 298
444+for the purpose of inspection and record retention, site plans 299
445+or building permits may be maintained at the worksite in the 300
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454454 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
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458-government must issue at least 50 percent of the building 301
459-permits for the residential dwellings that are to be built in 302
460-the applicant's residential community, but not occupied, if the 303
461-developer or owner meets all of the following conditions: 304
462- 1. The project has an approved temporary plat or a 305
463-preliminary plat app roval that includes civil engineering plans 306
464-approved by the local governing body. 307
465- 2. The applicant or developer provides to the local 308
466-government a copy of the approved temporary plat or preliminary 309
467-plat approval including the approved civil engineering p lans for 310
468-the electric, water, and wastewater utilities. 311
469- 3. The applicant or developer provides to the local 312
470-government a performance bond or other form of guarantee for the 313
471-satisfaction or completion of the contract for the necessary 314
472-utilities, roads, an d stormwater improvements that have not been 315
473-completed by the time of issuance of the first building permit. 316
474- 4. The application for the building permit meets the 317
475-requirements in the Florida Building Code. 318
476- (b) The applicant may not transfer ownership of a 319
477-residential dwelling until a final plat is approved and recorded 320
478-in the public records of the local government. 321
479- Section 4. Section 553.845, Florida Statutes, is created 322
480-to read: 323
481- 553.845 Flood damage prevention. — 324
482- (1) The Legislature finds that: 325
483-
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491-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
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493-
494-
495- (a) The state is vulnerable to the adverse effects of 326
496-flooding resulting from the frequency and intensity of rainfall 327
497-and an increase in storm surge and sea level rise. These adverse 328
498-effects pose a significant risk to existing and future 329
499-residential structures in the state. 330
500- (b) Public and private investments in our communities are 331
501-important for economic growth, and protecting residential 332
502-structures from flooding is essential to maintaining resilient 333
503-communities. 334
504- (c) The mitigation of property damage co nstitutes a valid 335
505-and recognized objective of the Florida Building Code. 336
506- (d) It is important to develop a consistent, statewide 337
507-approach to minimizing flooding in the state to mitigate 338
508-property damage and encourage continued investment in our 339
509-communities. 340
510- (e) Minimum voluntary freeboard requirements are critical 341
511-to addressing the devastating effects of flooding, and delaying 342
512-the adoption and implementation of such requirements constitutes 343
513-a threat to the health, safety, and welfare of the state. 344
514- (2) For purposes of this section, the term: 345
515- (a) "Coastal high-hazard area" means a special flood 346
516-hazard area along the coast, as delineated by a Flood Insurance 347
517-Rate Map issued by the Federal Emergency Management Agency, that 348
518-has additional hazards due to win d and wave action. 349
519- (b) "Freeboard" means the additional height, usually 350
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532-expressed as a factor of safety in feet, above the base flood 351
533-elevation in determining the level at which a structure's lowest 352
534-floor or the bottom of the lowest horizontal structural member 353
535-must be elevated in accordance with floodplain management 354
536-regulations and the Florida Building Code. If a base flood 355
537-elevation is not determined for a structure that is not located 356
538-in a special flood hazard area as designated by a Flood 357
539-Insurance Rate Map issued by the Federal Emergency Management 358
540-Agency, the term "freeboard" means the highest adjacent grade at 359
541-the foundation of a structure. 360
542- (c) "Maximum allowable height" means the maximum height 361
543-allowed for a structure in the applicable zoning di strict. 362
544- (d) "Substantial improvement" has the meaning as in s. 363
545-161.54(12). 364
546- (e) "Voluntary freeboard" means the additional height 365
547-above the freeboard required by floodplain management 366
548-regulations and the Florida Building Code. If freeboard is not 367
549-required by floodplain management regulations and the Florida 368
550-Building Code, the term "voluntary freeboard" means the 369
551-additional height above the highest adjacent grade at the 370
552-foundation of a structure. 371
553- (3)(a) The maximum voluntary freeboard for all new 372
554-residential construction and substantial improvements to 373
555-existing residential construction is 4 feet. 374
556- (b) Within a coastal high -hazard area, the maximum 375
557-
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569-voluntary freeboard for all new residential construction and 376
570-substantial improvements to existing residential construction is 377
571-9 feet. 378
572- (4) For all new construction of a residential structure 379
573-and substantial improvements to an existing residential 380
574-structure, voluntary freeboard may not be used in the 381
575-calculation of the maximum allowable height for the structure. 382
576- (5) A local government may adopt by ordinance a maximum 383
577-voluntary freeboard that exceeds the requirements in paragraph 384
578-(3)(a). 385
579- Section 5. Section 440.103, Florida Statutes, is amended 386
580-to read: 387
581- 440.103 Building permits; identification of minimum 388
582-premium policy.—Every employer shall, as a condition to applying 389
583-for and receiving a building permit, show proof and certify to 390
584-the permit issuer that it has secured compensation for its 391
585-employees under this chapter as provided in ss. 440.10 and 392
586-440.38. Such proof of compensation must be evidenced by a 393
587-certificate of coverage issued by the carrier, a valid exemption 394
588-certificate approved by the department, or a copy of the 395
589-employer's authority to self -insure and shall be presented, 396
590-electronically or physically, each time the employer applies for 397
591-a building permit. As provided in s. 553.79(22) s. 553.79(23), 398
592-for the purpose of inspection and record retention, site plans 399
593-or building permits may be maintained at the worksite in the 400
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604-
605-
606-original form or in th e form of an electronic copy. These plans 401
607-and permits must be open to inspection by the building official 402
608-or a duly authorized representative, as required by the Florida 403
609-Building Code. As provided in s. 627.413(5), each certificate of 404
610-coverage must show, o n its face, whether or not coverage is 405
611-secured under the minimum premium provisions of rules adopted by 406
612-rating organizations licensed pursuant to s. 627.221. The words 407
613-"minimum premium policy" or equivalent language shall be typed, 408
614-printed, stamped, or leg ibly handwritten. 409
615- Section 6. This act shall take effect July 1, 2023. 410
458+original form or in the form of an electronic copy. These plans 301
459+and permits must be open to inspection by the building official 302
460+or a duly authorized representative, as required by the Florida 303
461+Building Code. As provided in s. 627.413(5), each certificate of 304
462+coverage must show, on its face, whether or not coverage is 305
463+secured under the minimum premium provisions of rules adopted by 306
464+rating organizations licensed pursuant to s. 627.221. The words 307
465+"minimum premium policy" or equivalent language shall be typed, 308
466+printed, stamped, or legibly handwritten. 309
467+ Section 5. This act shall take effect July 1, 2023. 310