HB 765 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 building permit applications to 2
local governments; amending s. 553.792, F.S.; 3
requiring a local government to post and update 4
certain information on its website; requiring 5
electronic submission of an application; providing an 6
exception; authorizing a local government to provide 7
notice of expiration within a specified timeframe; 8
prohibiting a local government from issuing a permit 9
unless specified information is included with the 10
permit and provided to the applicant; revising the 11
application process; revising the timeframes during 12
which a local government must request additional 13
information and approve or deny an application; 14
prohibiting a local government from requesting 15
additional information from, and imposing additional 16
requirements on, an applicant other than those posted 17
on its website; deleting a local government's ability 18
to request additional information up to three times 19
and to prescribe different timeframes for reviewing 20
applications; revising the amount by which a permit 21
fee must be reduced in certain instances; providing 22
applicability; providing for enforcement; providing a 23
limitation on a specified fee; amending ss. 125.56 and 24
553.79, F.S.; making conforming changes; providing an 25
HB 765 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
effective date. 26
27
Be It Enacted by the Legisla ture of the State of Florida: 28
29
Section 1. Section 553.792, Florida Statutes, is amended 30
to read: 31
553.792 Building permits; applications permit application 32
to local government; simplified permitting process; 33
enforcement.— 34
(1)(a) A local government t hat issues building permits 35
shall post the following information on its website: 36
1. Each type of building permit application, including a 37
list of all required attachments, drawings, or other 38
requirements or parts for each type of application. A local 39
government must post and update the status of every received 40
application on its website until the issuance of the building 41
permit. Completed applications, including payments, attachments, 42
drawings, or other requirements or parts, must be able to be 43
submitted electronically to the local government's building 44
department. Accepted methods of electronic submission include, 45
but are not limited to, e -mail submission in Portable Document 46
Format or electronic submission through an electronic fill -in 47
form available on the local government's website or through a 48
third-party submission management software or application that 49
can be downloaded on a mobile device. Completed applications, 50
HB 765 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
including payments, attachments, drawings, or other requirements 51
or parts, may also be submitted in nonelectronic format at the 52
discretion of the local government. 53
2. The local government's procedures for processing, 54
reviewing, and approving submitted applications. 55
3. The local government's schedule of reasonable fees, as 56
authorized by s. 125.56(2), s. 166.222, or s. 553.80, and its 57
building permit and inspection utilization report required under 58
s. 553.80(7). 59
(b) A local government that issues building permits may 60
send a written notice of expiration, by e -mail or United States 61
Postal Service, to the owner of the property and the contractor 62
listed on the permit no less than 60 days before the permit is 63
set to expire. The written notice must identify the permit that 64
is set to expire and the date on which the permit will expire. 65
(c) A local government may not issue a building permit 66
unless: 67
1. The permit includes on its face or there is attached to 68
the permit the following statement: "NOTICE: In addition to the 69
requirements of this permit, there may be additional 70
restrictions applicabl e to this property that may be found in 71
the public records, and there may be additional permits required 72
from other governmental entities such as water management 73
districts, state agencies, or federal agencies." 74
2. The local government provides the build ing permit 75
HB 765 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
applicant with a copy of the Florida Right to Farm Act under s. 76
823.14. 77
(2)(1)(a) Within 10 days after of an applicant submits 78
submitting an application to the local government, the local 79
government shall advise the applicant what information, if any, 80
is needed to deem the application properly completed in 81
compliance with the filing requirements posted published by the 82
local government on its website. If the local government does 83
not provide written notice that the applicant has not submitted 84
the properly completed application, the application shall be 85
automatically deemed properly completed and accepted. Within 30 86
45 days after receiving a completed application, a local 87
government must notify an applicant if additional information is 88
required for the local government to determine the sufficiency 89
of the application, and shall specify the additional information 90
that is required. The applicant must submit the additional 91
information to the local government or request that the local 92
government act without the additional information. While the 93
applicant responds to the request for additional information, 94
the 90-day 120-day period described in this paragraph subsection 95
is tolled. Both parties may agree to a reasonable request for an 96
extension of time, p articularly in the event of a force majeure 97
or other extraordinary circumstance. The local government must 98
approve, approve with conditions, or deny the application within 99
90 120 days following receipt of a completed application. 100
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(b)1. When reviewing an application for a building permit 101
pursuant to paragraph (a) , a local government may not request 102
any additional information from or impose any additional 103
requirements on an the applicant other than the information and 104
requirements posted on the local govern ment's website more than 105
three times, unless the applicant waives such limitation in 106
writing. 107
2. If a local government requests additional information 108
from an applicant and the applicant submits the requested 109
additional information to the local government within 30 days 110
after receiving the request, the local government must, within 111
15 days after receiving such information: 112
a. Determine if the application is properly completed; 113
b. Approve the application; 114
c. Approve the application with cond itions; 115
d. Deny the application; or 116
e. Advise the applicant of information, if any, that is 117
needed to deem the application properly completed or to 118
determine the sufficiency of the application. 119
3. If a local government makes a second request for 120
additional information from the applicant and the applicant 121
submits the requested additional information to the local 122
government within 30 days after receiving the request, the local 123
government must, within 10 days after receiving such 124
information: 125
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a. Determine if the application is properly completed; 126
b. Approve the application; 127
c. Approve the application with conditions; 128
d. Deny the application; or 129
e. Advise the applicant of information, if any, that is 130
needed to deem the application properly co mpleted or to 131
determine the sufficiency of the application. 132
4. Before a third request for additional information may 133
be made, the applicant must be offered an opportunity to meet 134
with the local government to attempt to resolve outstanding 135
issues. If a local government makes a third request for 136
additional information from the applicant and the applicant 137
submits the requested additional information to the local 138
government within 30 days after receiving the request, the local 139
government must, within 10 days after receiving such information 140
unless the applicant waived the local government's limitation in 141
writing, determine that the application is complete and: 142
a. Approve the application; 143
b. Approve the application with conditions; or 144
c. Deny the applicat ion. 145
5. If the applicant believes a the request for additional 146
information is not authorized by ordinance, rule, statute, or 147
other legal authority, the local government, at the applicant's 148
request, must process the application and either approve or deny 149
the application, approve the application with conditions, or 150
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deny the application . 151
(c) If a local government fails to meet a deadline 152
provided in paragraph paragraphs (a) and (b), it must reduce the 153
building permit fee by 25 10 percent for each business day that 154
it fails to meet the deadline. Each 25-percent 10-percent 155
reduction shall be based on the original amount of the building 156
permit fee, unless the parties agree to an extension of time. 157
(3)(2)(a) The application procedures set forth in 158
subsection (1) apply to the following building permit 159
applications: accessory structure; alarm permit; nonresidential 160
buildings less than 25,000 square feet; electric; irrigation 161
permit; landscaping; mechanical; plumbing; residential units 162
other than a single family unit; multifamily residential not 163
exceeding 50 units; roofing; signs; site -plan approvals and 164
subdivision plats not requiring public hearings or public 165
notice; and lot grading and site alteration associated with the 166
permit application set forth in this sub section. The procedures 167
set forth in subsection (1) do not apply to permits for a 168
single-family residential dwelling, which must be issued 169
pursuant to s. 553.79(16), or any wireless communications 170
facilities or when a law, agency rule, or local ordinance 171
specify different timeframes for review of local building permit 172
applications. 173
(b) If a local government has different timeframes than 174
the timeframes set forth in subsection (1) for reviewing 175
HB 765 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
building permit applications described in paragraph (a), the 176
local government must meet the deadlines established by local 177
ordinance. If a local government does not meet an established 178
deadline to approve, approve with conditions, or deny an 179
application, it must reduce the building permit fee by 25 10 180
percent for each business day that it fails to meet the 181
deadline. Each 25-percent 10-percent reduction shall be based on 182
the original amount of the building permit fee, unless the 183
parties agree to an extension of time. This paragraph does not 184
apply to permits for any wire less communications facilities. 185
(4) This section shall be enforced pursuant to ss. 125.56 186
and 553.80. 187
(5)(3) If any building permit fees are refunded under this 188
section, the surcharges provided in s. 468.631 or s. 553.721 189
must be recalculated based on the amount of the building permit 190
fees after the refund. 191
(6) A local government that issues building permits may 192
charge an applicant only one search fee, in an amount 193
commensurate with the research and time costs incurred by the 194
local government, for ide ntifying building permits for each unit 195
or subunit assigned by the local government to a particular tax 196
parcel identification number. 197
Section 2. Paragraph (d) of subsection (4) of section 198
125.56, Florida Statutes, is amended to read: 199
125.56 Enforcement and amendment of the Florida Building 200
HB 765 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
Code and the Florida Fire Prevention Code; inspection fees; 201
inspectors; etc.— 202
(4) 203
(d) A county that issues building permits may send a 204
written notice of expiration, by e -mail or United States Postal 205
Service, to the owner of the property and the contractor listed 206
on the permit, no less than 60 30 days before a building permit 207
is set to expire. The written notice must identify the permit 208
that is set to expire and the date the permit will expire. 209
Section 3. Paragraph (c) of subsection (1) of section 210
553.79, Florida Statutes, is amended to read: 211
553.79 Permits; applications; issuance; inspections. — 212
(1) 213
(c) A local government that issues building permits may 214
send a written notice of expiration, by e -mail or United States 215
Postal Service, to the owner of the property and the contractor 216
listed on the permit, no less than 60 30 days before a building 217
permit is set to expire. The written notice must identify the 218
permit that is set to expire and the date the permit will 219
expire. 220
Section 4. This act shall take effect July 1, 2023. 221