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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
creating s. 177.073, F.S.; providing definitions; 3
requiring certain governing bodies, by a date certain, 4
to create a program to expedite the process for 5
issuing residential building permits before a final 6
plat is recorded; providing an exception; requiring a 7
governing body to create certain processes for 8
purposes of the program; authorizing applicants to use 9
a private provider for certain reviews; authorizing a 10
governing body to issue addresses and temporary parcel 11
identification numbers for specified purposes; 12
requiring a governing body to issue a specified number 13
or percentage of building permits requested i n an 14
application when certain conditions are met; setting 15
forth certain conditions for applicants who apply to 16
the program; providing that an applicant has a vested 17
right in an approved preliminary plat when certain 18
conditions are met; requiring a local bu ilding 19
official to mail a signed, certified letter with 20
specified information to the Department of Business 21
and Professional Regulation after the governing body 22
creates the program; amending s. 553.79, F.S.; 23
removing provisions relating to acquiring buildi ng 24
permits for certain residential dwellings; amending s. 25
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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
553.791, F.S.; requiring a local jurisdiction to 26
reduce permit fees by a certain percentage under 27
certain circumstances; amending s. 553.792, F.S.; 28
revising the timeframes for approving or denying 29
certain building permits; requiring a local government 30
to provide written notice to an applicant under 31
certain circumstances; revising how many times a local 32
government may request additional information from an 33
applicant; specifying when a permit applicati on is 34
deemed complete and sufficient; requiring the 35
opportunity for an in -person or virtual meeting before 36
a second request for additional information may be 37
made; reducing permit fees by a certain percentage if 38
certain timeframes are not met; authorizing both 39
parties to extend certain timeframes under certain 40
circumstances; specifying that the permit requirements 41
apply to single-family residential units and single -42
family residential dwellings; providing that building 43
permits for a single -family residential dwelling are 44
valid indefinitely, subject to compliance with the 45
Florida Building Code and local ordinances; requiring 46
that local governments follow the prescribed 47
timeframes unless a local ordinance is more stringent; 48
requiring a local government, upon re quest, to issue a 49
certain percentage of building permits if certain 50
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conditions are met; prohibiting a transfer of 51
ownership until certain conditions are met; conforming 52
provisions to changes made by the act; amending s. 53
440.103, F.S.; conforming a cross -reference; providing 54
an effective date. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Section 177.073, Florida Statutes, is created 59
to read: 60
177.073 Expedited approval of residential building permits 61
before a final plat is recorded.— 62
(1) As used in this section, the term: 63
(a) "Final plat" means the final tracing, map, or site 64
plan presented by the subdivider to a governing body for final 65
approval, and, upon approval by the appropriate governing body, 66
is submitted to the clerk of the circuit court for recording. 67
(b) "Local building official" has the same meaning as in 68
s. 553.791(1). 69
(c) "Plans" means any building plans, construction plans, 70
engineering plans, or site plans, or their functional 71
equivalent, submitted by a n applicant for a building permit. 72
(d) "Preliminary plat" means a map or delineated 73
representation of the subdivision of lands that is a complete 74
and exact representation of the residential subdivision and 75
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contains any additional information needed to be in compliance 76
with the requirements of this chapter. 77
(2)(a) By August 15, 2024, a governing body that has 78
30,000 residents or more shall create a program to expedite the 79
process for issuing building permits for residential 80
subdivisions in accordance wit h the Florida Building Code and 81
this section before a final plat is recorded with the clerk of 82
the circuit court. 83
(b) A governing body that has a program in place before 84
July 1, 2024, to expedite the building permit process, need only 85
update their program to approve an applicant's request to issue 86
up to 50 percent of the building permits for the residential 87
subdivision in order to comply with this section. 88
(3) A governing body shall create: 89
(a) A two-step application process that includes the 90
adoption of a preliminary plat and a final plat in order to 91
expedite the issuance of building permits under this section. 92
The governing body shall maximize its administrative processes 93
to expedite the review and approval of applications, plats, and 94
plans submitted under this section. 95
(b) A master building permit process consistent with s. 96
553.794(3) for applicants seeking multiple building permits for 97
planned residential subdivisions. 98
(4) An applicant may use a private provider consistent 99
with s. 553.791 to review a preliminary plat and building permit 100
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for each residential building or structure. 101
(5) A governing body may work with appropriate local 102
government agencies to issue an address and a temporary parcel 103
identification number for lot lines and lot sizes based on the 104
metes and bounds of the plat contained in the application. 105
(6) If an applicant requests a certain number or 106
percentage of building permits in his or her application, the 107
governing body must issue the number or percentage requested in 108
accordance with the Florida Building Code, provided the 109
residential buildings or structures are unoccupied and all of 110
the following conditions are met: 111
(a) The governing body has approved a preliminary plat for 112
each residential building or structure. 113
(b) The applicant provides proof to the governing body 114
that the applicant has given a copy of the approved preliminary 115
plat, along with the approved plans, to the relevant electric, 116
water, and wastewater utilities. 117
(c) The applicant holds a valid performance bond for up to 118
120 percent of the necessary utilities, roads, and stormwater 119
improvements that have not been completed upon submission of the 120
application under this section. 121
(7)(a) An applicant may contract to sell, but may not 122
transfer ownership of, a residential structure or building 123
located in the residential subdivision until the final plat is 124
approved by the governing body and recorded in the public 125
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records by the clerk of the circuit court. 126
(b) An applicant may not obtain a final certificate of 127
occupancy with respect to each residential structure or building 128
for which a building permit is issued until the final plat is 129
approved by the governing body and recorded in the public 130
records by the clerk of the circuit court. 131
(c) An applicant must indemnify and hold harmless the 132
governing body and its agents and employees from damages 133
accruing and directly related to the issuance of a building 134
permit for a residential building or structure located in the 135
residential subdivision before th e approval and recording of the 136
final plat by the governing body. This includes damage resulting 137
from fire, flood, construction defects, and bodily injury. 138
(8) For purposes of this section, an applicant has a 139
vested right in a preliminary plat that has b een approved by a 140
governing body if all of the following conditions are met: 141
(a) The applicant relies in good faith on the approved 142
preliminary plat. 143
(b) The applicant substantially changes his or her 144
position, including making improvements pursuant to s. 145
177.301(9), or incurs other obligations and expenses. 146
(c) Any change by the governing body would constitute an 147
inequitable interference in the approved preliminary plat. 148
(9) After a governing body creates the program required 149
under this section, th e local building official shall send by 150
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certified mail, return receipt requested, to the Department of 151
Business and Professional Regulation a signed, certified letter 152
indicating that the program has been established. The letter 153
must contain a brief explana tion of the program, including how 154
the program expedites the process of issuing building permits 155
for residential subdivisions before the final plat is recorded. 156
Section 2. Subsection (16) of section 553.79, Florida 157
Statutes, is amended to read: 158
553.79 Permits; applications; issuance; inspections. — 159
(16) Except as provided in paragraph (e), a building 160
permit for a single-family residential dwelling must be issued 161
within 30 business days after receiving the permit application 162
unless the permit applicat ion fails to satisfy the Florida 163
Building Code or the enforcing agency's laws or ordinances. 164
(a) If a local enforcement agency fails to issue a 165
building permit for a single -family residential dwelling within 166
30 business days after receiving the permit ap plication, it must 167
reduce the building permit fee by 10 percent for each business 168
day that it fails to meet the deadline. Each 10 -percent 169
reduction shall be based on the original amount of the building 170
permit fee. 171
(b) A local enforcement agency does not have to reduce the 172
building permit fee if it provides written notice to the 173
applicant, by e-mail or United States Postal Service, within 30 174
business days after receiving the permit application, that 175
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specifically states the reasons the permit application fa ils to 176
satisfy the Florida Building Code or the enforcing agency's laws 177
or ordinances. The written notice must also state that the 178
applicant has 10 business days after receiving the written 179
notice to submit revisions to correct the permit application and 180
that failure to correct the application within 10 business days 181
will result in a denial of the application. 182
(c) The applicant has 10 business days after receiving the 183
written notice to address the reasons specified by the local 184
enforcement agency and subm it revisions to correct the permit 185
application. If the applicant submits revisions within 10 186
business days after receiving the written notice, the local 187
enforcement agency has 10 business days after receiving such 188
revisions to approve or deny the building permit unless the 189
applicant agrees to a longer period in writing. If the local 190
enforcement agency fails to issue or deny the building permit 191
within 10 business days after receiving the revisions, it must 192
reduce the building permit fee by 20 percent for the first 193
business day that it fails to meet the deadline unless the 194
applicant agrees to a longer period in writing. For each 195
additional business day, but not to exceed 5 business days, that 196
the local enforcement agency fails to meet the deadline, the 197
building permit fee must be reduced by an additional 10 percent. 198
Each reduction shall be based on the original amount of the 199
building permit fee. 200
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(d) If any building permit fees are refunded under this 201
subsection, the surcharges provided in s. 468.631 or s. 553 .721 202
must be recalculated based on the amount of the building permit 203
fees after the refund. 204
(e) A building permit for a single -family residential 205
dwelling applied for by a contractor licensed in this state on 206
behalf of a property owner who participates i n a Community 207
Development Block Grant –Disaster Recovery program administered 208
by the Department of Economic Opportunity must be issued within 209
15 working days after receipt of the application unless the 210
permit application fails to satisfy the Florida Buildin g Code or 211
the enforcing agency's laws or ordinances. 212
Section 3. Paragraph (b) of subsection (2) of section 213
553.791, Florida Statutes, is amended to read: 214
553.791 Alternative plans review and inspection. — 215
(2) 216
(b) If an owner or contractor retains a private provider 217
for purposes of plans review or building inspection services, 218
the local jurisdiction must reduce the permit fee by 75 percent 219
the amount of cost savings realized by the local enforcement 220
agency for not having to perform such services. Such reduction 221
may be calculated on a flat fee or percentage basis, or any 222
other reasonable means by which a local enforcement agency 223
assesses the cost for its plans review or inspection services. 224
The local jurisdiction may not charge fees for building 225
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inspections if the fee owner or contractor hires a private 226
provider to perform such services; however, the local 227
jurisdiction may charge a reasonable administrative fee, which 228
must shall be based on the cost that is actually incurred, 229
including the labor cost of the personnel providing the service, 230
by the local jurisdiction or attributable to the local 231
jurisdiction for the clerical and supervisory assistance 232
required, or both. 233
Section 4. Subsections (1) and (2) of section 553.792, 234
Florida Statutes, are ame nded and subsection (4) is added to 235
that section, to read: 236
553.792 Building permit application to local government. — 237
(1)(a) After Within 10 days of an applicant submits 238
submitting an application to the local government, the local 239
government must provide written notice to the applicant within 3 240
calendar days after receipt of the application advising shall 241
advise the applicant what information, if any, is needed to deem 242
the application properly completed in compliance with the filing 243
requirements publishe d by the local government. If the local 244
government does not provide timely written notice that the 245
applicant has not submitted a the properly completed 246
application, the application is shall be automatically deemed 247
properly completed and sufficient accepted. 248
(b) Within 9 calendar 45 days after receiving a completed 249
application, a local government must provide written notice to 250
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notify an applicant if additional information is required for 251
the local government to determine the sufficiency of the 252
application, and the notice must shall specify the additional 253
information that is required. The applicant may must submit the 254
additional information to the local government or request that 255
the local government act without the additional information. 256
While the applicant responds to the request for additional 257
information, the 120 -day period described in this subsection is 258
tolled. Both parties may agree to a reasonable request for an 259
extension of time, particularly in the event of a force majeure 260
or other extraordinary circumstance. The local government must 261
approve, approve with conditions, or deny the application within 262
120 days following receipt of a completed application. 263
(c) A local government shall maintain on its website a 264
policy containing procedures and expectations for expedited 265
processing of those building permits and development orders 266
required by law to be expedited. 267
(d)1.(b)1. When reviewing an application for a building 268
permit, a local government may not request additional 269
information from the applicant more than two three times, unless 270
the applicant waives such limitation in writing. 271
2. If a local government requests additional information 272
from an applicant and the applicant submits the requested 273
additional information to the local governmen t within 30 days 274
after receiving the request , the local government must, within 9 275
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calendar 15 days after receiving such information: 276
a. Determine if the application is properly completed; 277
b. Approve the application; 278
c. Approve the application with co nditions; 279
d. Deny the application; or 280
d.e. Advise the applicant in writing of information, if 281
any, that is needed to deem the application properly completed 282
or to determine the sufficiency of the application. 283
3. If a local government makes a second r equest for 284
additional information from the applicant and the applicant 285
submits the requested additional information to the local 286
government within 30 days after receiving the request, the local 287
government must, within 10 days after receiving such 288
information: 289
a. Determine if the application is properly completed; 290
b. Approve the application; 291
c. Approve the application with conditions; 292
d. Deny the application; or 293
e. Advise the applicant of information, if any, that is 294
needed to deem the application properly completed or to 295
determine the sufficiency of the application. 296
3.4. Before a second third request for additional 297
information may be made, the local government must offer the 298
applicant must be offered an opportunity to meet in person or 299
virtually with the local government to attempt to resolve 300
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outstanding issues. Such meeting must occur within 5 calendar 301
days after the applicant notifies the local government in 302
writing that he or she wants an in -person or virtual meet ing, 303
unless the applicant agrees to a longer time period in writing. 304
4. If a local government makes a second third request for 305
additional information from the applicant and the applicant 306
submits the requested additional information to the local 307
government within 30 days after receiving the request , the local 308
government must, within 9 calendar 10 days after receiving such 309
information unless the applicant waived the local government's 310
time limitation in writing, determine that the application is 311
complete and: 312
a. Approve the application; 313
b. Approve the application with conditions; or 314
c. Deny the application and provide the applicant with 315
sufficient reason for such denial . 316
5. If the applicant believes the request for additional 317
information is not autho rized by ordinance, rule, statute, or 318
other legal authority, the local government, at the applicant's 319
written request, must process the application within 9 calendar 320
days after receipt of the request and either approve the 321
application, approve the applicat ion with conditions, or deny 322
the application and provide the applicant with sufficient reason 323
for such denial. 324
6. If a local government does not notify the applicant 325
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that the application is approved, approved with conditions, or 326
denied within 9 calendar days after the local government 327
receives the additional information requested under subparagraph 328
4., the application is deemed approved. 329
(e) The following timeframes apply for single -family or 330
two-family dwellings or townhomes located within a master pla n 331
community for which the permit for the master plan community has 332
already been approved under s. 553.794: 333
1. After an applicant submits an application to the local 334
government, the local government must provide written notice to 335
the applicant within 1 ca lendar day after receipt of the 336
application advising the applicant what information, if any, is 337
needed to deem the application properly completed in compliance 338
with the filing requirements published by the local government. 339
If the local government does not provide timely written notice 340
that the applicant has not submitted a properly completed 341
application, the application is automatically deemed properly 342
completed and sufficient. 343
2. Within 5 calendar days after receiving a completed 344
application, a local go vernment must provide written notice to 345
an applicant if additional information is required for the local 346
government to determine the sufficiency of the application, and 347
the notice must specify the additional information that is 348
required. The applicant may submit the additional information to 349
the local government or request that the local government act 350
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without the additional information. 351
3. When reviewing an application under this paragraph, a 352
local government may not request additional information from t he 353
applicant more than once, unless the applicant waives such 354
limitation in writing. 355
4. If a local government requests additional information 356
from the applicant and the applicant submits the requested 357
additional information to the local government, the l ocal 358
government must, within 5 calendar days after receiving such 359
information unless the applicant waived the local government's 360
time limitation in writing, determine that the application is 361
complete and: 362
a. Approve the application; 363
b. Approve the appl ication with conditions; or 364
c. Deny the application and provide the applicant with 365
sufficient reason for such denial. 366
5. If a local government does not notify the applicant 367
that the application is approved, approved with conditions, or 368
denied within 5 calendar days after the local government 369
receives the additional information requested under subparagraph 370
4., the application is deemed approved. 371
6. If an owner or contractor retains a private provider 372
for purposes of plans review, the ti meframes in subparagraphs 373
2., 4., and 5. are reduced to 3 calendar days. 374
(f) A building permit for a single -family residential 375
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dwelling applied for by a contractor licensed in this state on 376
behalf of a property owner who participates in a Community 377
Development Block Grant–Disaster Recovery program administered 378
by the Department of Economic Opportunity must be issued within 379
9 calendar days after receipt of the application unless the 380
permit application fails to satisfy the Florida Building Code or 381
the enforcing agency's laws or ordinances. 382
(g)(c) If a local government fails to meet a deadline 383
under this subsection provided in paragraphs (a) and (b) , it 384
must reduce the building permit fee by 10 percent for each 385
calendar business day that it fails to meet th e deadline, unless 386
the parties agree in writing to a reasonable extension of time . 387
Each 10-percent reduction shall be based on the original amount 388
of the building permit fee, unless the parties agree to an 389
extension of time. 390
(h) A building permit issued for a single-family 391
residential dwelling is valid indefinitely but must comply with 392
any changes to the Florida Building Code or a local government's 393
rules or ordinances that are made after the issuance of the 394
building permit. 395
(2)(a) The procedures set fo rth in subsection (1) apply to 396
the following building permit applications: accessory structure; 397
alarm permit; nonresidential buildings less than 25,000 square 398
feet; electric; irrigation permit; landscaping; mechanical; 399
plumbing; residential units including a single-family 400
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residential other than a single family unit or a single-family 401
residential dwelling ; multifamily residential not exceeding 50 402
units; roofing; signs; site -plan approvals and subdivision plats 403
not requiring public hearings or public notice; and lot grading 404
and site alteration associated with the permit application set 405
forth in this subsection. The procedures set forth in subsection 406
(1) do not apply to permits for any wireless communications 407
facilities or when a law, agency rule, or local ordi nance 408
specify different timeframes for review of local building permit 409
applications. 410
(b) If A local government must meet has different 411
timeframes than the timeframes set forth in subsection (1) for 412
reviewing building permit applications described in paragraph 413
(a) unless the timeframes set , the local government must meet 414
the deadlines established by local ordinance are more stringent 415
than those prescribed in subsection (1) . If a local government 416
does not meet an established deadline to approve, approve with 417
conditions, or deny an application, it must reduce the building 418
permit fee by 10 percent for each business day that it fails to 419
meet the deadline. Each 10 -percent reduction shall be based on 420
the original amount of the building permit fee, unless the 421
parties agree to an extension of time. This paragraph does not 422
apply to permits for any wireless communications facilities. 423
(4)(a) Upon request by an applicant, the local government 424
must issue no less t han 50 percent of the permits for the 425
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dwellings to be built, but not occupied, in the applicant's 426
residential community, so long as the developer or owner meets 427
all of the requirements in s. 177.073(6). The permit application 428
must also meet the requirement s under the Florida Building Code. 429
(b) An applicant may contract to sell, but may not 430
transfer ownership of, a residential structure or building 431
located in the residential subdivision until the final plat is 432
approved by the governing body and recorded in the public 433
records by the clerk of the circuit court. 434
Section 5. Section 440.103, Florida Statutes, is amended 435
to read: 436
440.103 Building permits; identification of minimum 437
premium policy.—Every employer shall, as a condition to applying 438
for and receiving a building permit, show proof and certify to 439
the permit issuer that it has secured compensation for its 440
employees under this chapter as provided in ss. 440.10 and 441
440.38. Such proof of compensation must be evidenced by a 442
certificate of coverage issue d by the carrier, a valid exemption 443
certificate approved by the department, or a copy of the 444
employer's authority to self -insure and shall be presented, 445
electronically or physically, each time the employer applies for 446
a building permit. As provided in s. 553.79(23) s. 553.79(24), 447
for the purpose of inspection and record retention, site plans 448
or building permits may be maintained at the worksite in the 449
original form or in the form of an electronic copy. These plans 450
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and permits must be open to inspection by t he building official 451
or a duly authorized representative, as required by the Florida 452
Building Code. As provided in s. 627.413(5), each certificate of 453
coverage must show, on its face, whether or not coverage is 454
secured under the minimum premium provisions o f rules adopted by 455
rating organizations licensed pursuant to s. 627.221. The words 456
"minimum premium policy" or equivalent language shall be typed, 457
printed, stamped, or legibly handwritten. 458
Section 6. This act shall take effect July 1, 2024. 459