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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 regulations; creating s. 2
177.073, F.S.; providing definitions; requiring 3
certain governing bodies, by a date certain, to create 4
a program to expedite the process for issuing 5
residential building permits before a final plat is 6
recorded; requiring the expedited process to include a 7
certain application; requiring certain governing 8
bodies to update its program in a specified manner; 9
requiring a governing body to create certain processes 10
for purposes of the program; authorizing applic ants to 11
use a private provider for certain reviews; 12
authorizing a governing body to issue addresses and 13
temporary parcel identification numbers for specified 14
purposes; requiring a governing body to issue a 15
specified number or percentage of building permits 16
requested in an application when certain conditions 17
are met; setting forth certain conditions for 18
applicants who apply to the program; providing that an 19
applicant has a vested right in an approved 20
preliminary plat when certain conditions are met; 21
prohibiting a governing body from making substantive 22
changes to a preliminary plat without written consent; 23
requiring an applicant to indemnify and hold harmless 24
certain entities and persons; providing an exception; 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
amending s. 553.79, F.S.; removing provisions re lating 26
to acquiring building permits for certain residential 27
dwellings; amending s. 553.792, F.S.; revising the 28
timeframes for approving, approving with conditions, 29
or denying certain building permits; requiring local 30
governments to follow the prescribed t imeframes unless 31
a local ordinance is more stringent; requiring a local 32
government to provide written notice to an applicant 33
under certain circumstances; revising how many times a 34
local government may request additional information 35
from an applicant; speci fying when a permit 36
application is deemed complete and approved; requiring 37
the opportunity for an in -person or virtual meeting 38
before a second request for additional information may 39
be made; requiring a local government to process an 40
application within a s pecified timeframe without 41
additional information upon written request by the 42
applicant; reducing permit fees by a certain 43
percentage if certain timeframes are not met; 44
providing construction; conforming provisions to 45
changes made by the act; amending s. 5 53.80, F.S.; 46
authorizing local governments to use certain fees for 47
certain technology upgrades; amending s. 440.103, 48
F.S.; conforming a cross -reference; providing an 49
effective date. 50
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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
51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Section 177.073, Florida Statutes, is created 54
to read: 55
177.073 Expedited approval of residential building permits 56
before a final plat is recorded. — 57
(1) As used in this section, the term: 58
(a) "Applicant" means a homebuilder or developer who files 59
an application with the local governing body to identify the 60
percentage of planned homes, or the number of building permits, 61
that the local governing body must issue for a residential 62
subdivision or planned community. 63
(b) "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
(c) "Local building official" has the same me aning as in 68
s. 553.791(1). 69
(d) "Plans" means any building plans, construction plans, 70
engineering plans, or site plans, or their functional 71
equivalent, submitted by an applicant for a building permit. 72
(e) "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 or 75
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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
planned community and contains any additional information needed 76
to be in compliance with the requirements of this chapter. 77
(2)(a) By August 15, 2024, the governing body of a county 78
that has 75,000 residents or more and the governing body of a 79
municipality that has 30,000 residents or more shall create a 80
program to expedite the process for issuing building permits for 81
residential subdivisi ons or planned communities in accordance 82
with the Florida Building Code and this section before a final 83
plat is recorded with the clerk of the circuit court. The 84
expedited process must include an application for an applicant 85
to identify the percentage of p lanned homes, not to exceed 50 86
percent of the residential subdivision or planned community, or 87
the number of building permits that the governing body must 88
issue for the residential subdivision or planned community. This 89
paragraph does not restrict the gove rning body from issuing more 90
than 50 percent of the building permits for the residential 91
subdivision or planned community. 92
(b) A governing body that had a program in place before 93
July 1, 2023, to expedite the building permit process, need only 94
update their program to approve an applicant's written 95
application to issue up to 50 percent of the building permits 96
for the residential subdivision or planned community in order to 97
comply with this section. This paragraph does not restrict a 98
governing body from iss uing more than 50 percent of the building 99
permits for the residential subdivision or planned community. 100
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(c) By December 31, 2027, the governing body of a county 101
that has 75,000 residents or more and the governing body of a 102
municipality that has 30,000 re sidents or more shall update its 103
program to expedite the process for issuing building permits for 104
residential subdivisions or planned communities in accordance 105
with the Florida Building Code and this section before a final 106
plat is recorded with the clerk o f the circuit court. The 107
expedited process must include an application for an applicant 108
to identify the percentage of planned homes, not to exceed 75 109
percent of the residential subdivision or planned community, or 110
the number of building permits that the go verning body must 111
issue for the residential subdivision or planned community. This 112
paragraph does not restrict the governing body from issuing more 113
than 75 percent of the building permits for the residential 114
subdivision or planned community. 115
(3) A governing body shall create: 116
(a) A two-step application process for the adoption of a 117
preliminary plat and for a final plat in order to expedite the 118
issuance of building permits under this section. The application 119
must allow an applicant to identify the percentage of planned 120
homes or the number of building permits that the governing body 121
must issue for the residential subdivision or planned community. 122
(b) A master building permit process consistent with s. 123
553.794(3) for applicants seeking multiple buil ding permits for 124
residential subdivisions or planned communities. For purposes of 125
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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
this paragraph, a master building permit is valid for 3 126
consecutive years after its issuance or until the adoption of a 127
new Florida Building Code, whichever is earlier. After a new 128
Florida Building Code is adopted, the applicant may apply for a 129
new master building permit, which, upon approval, is valid for 3 130
consecutive years. 131
(4) An applicant may use a private provider consistent 132
with s. 553.791 to review a preliminary plat and to obtain a 133
building permit for each residential building or structure. 134
(5) A governing body may work with appropriate local 135
government agencies to issue an address and a temporary parcel 136
identification number for lot lines and lot sizes based on th e 137
metes and bounds of the plat contained in the application. 138
(6) The governing body must issue the number or percentage 139
of building permits requested by an applicant in accordance with 140
the Florida Building Code and this section, provided the 141
residential buildings or structures are unoccupied and all of 142
the following conditions are met: 143
(a) The governing body has approved a preliminary plat for 144
each residential subdivision or planned community. 145
(b) The applicant provides proof to the governing body 146
that the applicant has provided a copy of the approved 147
preliminary plat, along with the approved plans, to the relevant 148
electric, water, and wastewater utilities. 149
(c) The applicant holds a valid performance bond for up to 150
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130 percent of the necessary utilit ies, roads, and stormwater 151
improvements that have not been completed upon submission of the 152
application under this section. For purposes of a master planned 153
community as defined in s. 163.3202(5)(b), a valid performance 154
bond is required on a phase -by-phase basis. 155
(7)(a) An applicant may contract to sell, but may not 156
transfer ownership of, a residential structure or building 157
located in the residential subdivision or planned community 158
until the final plat is approved by the governing body and 159
recorded in the public records by the clerk of the circuit 160
court. 161
(b) An applicant may not obtain a final certificate of 162
occupancy for each residential structure or building for which a 163
building permit is issued until the final plat is approved by 164
the governing body a nd recorded in the public records by the 165
clerk of the circuit court. 166
(8) For purposes of this section, an applicant has a 167
vested right in a preliminary plat that has been approved by a 168
governing body if all of the following conditions are met: 169
(a) The applicant relies in good faith on the approved 170
preliminary plat or any amendments thereto. 171
(b) The applicant commences and is continuing in good 172
faith with the development of the property. 173
(9) Upon the establishment of an applicant's vested rights 174
in accordance with subsection (8), a governing body may not make 175
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substantive changes to the preliminary plat without the 176
applicant's written consent. 177
(10) An applicant must indemnify and hold harmless the 178
governing body and its agents and employees from dama ges 179
accruing and directly related to the issuance of a building 180
permit for a residential building or structure located in the 181
residential subdivision or planned community before the approval 182
and recording of the final plat by the governing body. This 183
includes damage resulting from fire, flood, construction 184
defects, and bodily injury, but excludes the infringement of 185
vested rights. 186
Section 2. Subsection (16) of section 553.79, Florida 187
Statutes, is amended to read: 188
553.79 Permits; applications; issuance ; inspections.— 189
(16) Except as provided in paragraph (e), a building 190
permit for a single-family residential dwelling must be issued 191
within 30 business days after receiving the permit application 192
unless the permit application fails to satisfy the Florida 193
Building Code or the enforcing agency's laws or ordinances. 194
(a) If a local enforcement agency fails to issue a 195
building permit for a single -family residential dwelling within 196
30 business days after receiving the permit application, it must 197
reduce the building permit fee by 10 percent for each business 198
day that it fails to meet the deadline. Each 10 -percent 199
reduction shall be based on the original amount of the building 200
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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
permit fee. 201
(b) A local enforcement agency does not have to reduce the 202
building permit fee if it provides written notice to the 203
applicant, by e-mail or United States Postal Service, within 30 204
business days after receiving the permit application, that 205
specifically states the reasons the permit application fails to 206
satisfy the Florida Buildi ng Code or the enforcing agency's laws 207
or ordinances. The written notice must also state that the 208
applicant has 10 business days after receiving the written 209
notice to submit revisions to correct the permit application and 210
that failure to correct the applic ation within 10 business days 211
will result in a denial of the application. 212
(c) The applicant has 10 business days after receiving the 213
written notice to address the reasons specified by the local 214
enforcement agency and submit revisions to correct the permi t 215
application. If the applicant submits revisions within 10 216
business days after receiving the written notice, the local 217
enforcement agency has 10 business days after receiving such 218
revisions to approve or deny the building permit unless the 219
applicant agrees to a longer period in writing. If the local 220
enforcement agency fails to issue or deny the building permit 221
within 10 business days after receiving the revisions, it must 222
reduce the building permit fee by 20 percent for the first 223
business day that it fails to meet the deadline unless the 224
applicant agrees to a longer period in writing. For each 225
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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
additional business day, but not to exceed 5 business days, that 226
the local enforcement agency fails to meet the deadline, the 227
building permit fee must be reduced by a n additional 10 percent. 228
Each reduction shall be based on the original amount of the 229
building permit fee. 230
(d) If any building permit fees are refunded under this 231
subsection, the surcharges provided in s. 468.631 or s. 553.721 232
must be recalculated based o n the amount of the building permit 233
fees after the refund. 234
(e) A building permit for a single -family residential 235
dwelling applied for by a contractor licensed in this state on 236
behalf of a property owner who participates in a Community 237
Development Block Grant–Disaster Recovery program administered 238
by the Department of Economic Opportunity must be issued within 239
15 working days after receipt of the application unless the 240
permit application fails to satisfy the Florida Building Code or 241
the enforcing agency's laws or ordinances. 242
Section 3. Subsections (1) and (2) of section 553.792, 243
Florida Statutes, are amended and subsection (4) is added to 244
that section, to read: 245
553.792 Building permit application to local government. — 246
(1)(a) A local government must approve, approve with 247
conditions, or deny a building permit application after receipt 248
of a completed and sufficient application within the following 249
timeframes, unless the applicant waives such timeframes in 250
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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
writing: 251
1. For an applicant using a local government plans 252
reviewer to obtain a building permit, within 30 business days 253
after receiving a complete and sufficient application. 254
2. For an applicant using a private provider consistent 255
with s. 553.791 to obtain a building permit , within 15 business 256
days after receiving a complete and sufficient application. 257
3. For an applicant for a master plan permit, within 10 258
business days after receiving a complete and sufficient 259
application. 260
4. For an applicant for a single -family residential 261
dwelling applied for by a contractor licensed in this state on 262
behalf of a property owner who participates in a Community 263
Development Block Grant -Disaster Recovery program administered 264
by the Department of Commerce, within 10 business days afte r 265
receipt of the application unless the permit application fails 266
to satisfy the Florida Building Code or the enforcing agency's 267
laws or ordinances. 268
269
If the local government does not approve, approve with 270
conditions, or deny the completed and sufficient app lication 271
within the required timeframes in this paragraph, the 272
application is deemed or determined to be approved. 273
(b) A local government must meet the timeframes set forth 274
in this section for reviewing building permit applications 275
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unless the timeframes set by local ordinance are more stringent 276
than those prescribed in this section. 277
(c) After Within 10 days of an applicant submits 278
submitting an application to the local government, the local 279
government must provide written notice to the applicant within 5 280
business days after receipt of the application advising shall 281
advise the applicant what information, if any, is needed to deem 282
or determine that the application is properly completed in 283
compliance with the filing requirements published by the local 284
government. If the local government does not provide timely 285
written notice that the applicant has not submitted a the 286
properly completed application, the application is shall be 287
automatically deemed or determined to be properly completed and 288
accepted. 289
(d)1. Within 10 business 45 days after receiving a 290
completed application, a local government must provide written 291
notice to notify an applicant if additional information is 292
required for the local government to determine the sufficiency 293
of the application, and the notice must shall specify the 294
additional information that is required. The applicant may must 295
submit the additional information to the local government or 296
request that the local government act without the additional 297
information. When reviewing an applicat ion for a building 298
permit, a local government may not request additional 299
information from the applicant more than two times unless the 300
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applicant waives such limitation in writing. The local 301
government's second request for information must be made within 302
10 business days after the local government receives the 303
additional information indicated in the first request. The local 304
government must determine the sufficiency of the application 305
within 10 business days after receiving the additional 306
information from a s econd request. If the local government does 307
not provide to the applicant timely written notice that the 308
applicant must submit additional information to determine 309
whether the application is sufficient, the application is 310
automatically deemed or determined t o be sufficient. 311
2. Before a second request for additional information may 312
be made, the local government must offer the applicant an 313
opportunity to meet in person or virtually with the local 314
government to attempt to resolve outstanding issues. 315
3. If an applicant believes a request for additional 316
information is not authorized by ordinance, rule, statute, or 317
other legal authority, the local government, at the applicant's 318
written request, must process the application within 10 business 319
days after receipt o f such request and approve the application, 320
approve the application with conditions, or deny the application 321
and provide the applicant with sufficient reason for such 322
denial. While the applicant responds to the request for 323
additional information, the 120 -day period described in this 324
subsection is tolled. Both parties may agree to a reasonable 325
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request for an extension of time, particularly in the event of a 326
force majeure or other extraordinary circumstance. The local 327
government must approve, approve with con ditions, or deny the 328
application within 120 days following receipt of a completed 329
application. 330
(e) A local government shall maintain on its website a 331
policy containing procedures and expectations for expedited 332
processing of those building permits and dev elopment orders 333
required by law to be expedited. 334
(b)1. When reviewing an application for a building permit, 335
a local government may not request additional information from 336
the applicant more than three times, unless the applicant waives 337
such limitation in writing. 338
2. If a local government requests additional information 339
from an applicant and the applicant submits the requested 340
additional information to the local government within 30 days 341
after receiving the request, the local government must, within 342
15 days after receiving such information: 343
a. Determine if the application is properly completed; 344
b. Approve the application; 345
c. Approve the application with conditions; 346
d. Deny the application; or 347
e. Advise the applicant of information, if any, that is 348
needed to deem the application properly completed or to 349
determine the sufficiency of the application. 350
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3. If a local government makes a second request for 351
additional information from the applicant and the applicant 352
submits the requested additional info rmation to the local 353
government within 30 days after receiving the request, the local 354
government must, within 10 days after receiving such 355
information: 356
a. Determine if the application is properly completed; 357
b. Approve the application; 358
c. Approve the application with conditions; 359
d. Deny the application; or 360
e. Advise the applicant of information, if any, that is 361
needed to deem the application properly completed or to 362
determine the sufficiency of the application. 363
4. Before a third request for addit ional information may 364
be made, the applicant must be offered an opportunity to meet 365
with the local government to attempt to resolve outstanding 366
issues. If a local government makes a third request for 367
additional information from the applicant and the applic ant 368
submits the requested additional information to the local 369
government within 30 days after receiving the request, the local 370
government must, within 10 days after receiving such information 371
unless the applicant waived the local government's limitation in 372
writing, determine that the application is complete and: 373
a. Approve the application; 374
b. Approve the application with conditions; or 375
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c. Deny the application. 376
5. If the applicant believes the request for additional 377
information is not authorized by o rdinance, rule, statute, or 378
other legal authority, the local government, at the applicant's 379
request, must process the application and either approve the 380
application, approve the application with conditions, or deny 381
the application. 382
(f)(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
business day that it fails to meet the deadline , unless the 386
parties agree in writing to a reasonable ext ension of time. Each 387
10-percent reduction shall be based on the original amount of 388
the building permit fee, unless the parties agree to an 389
extension of time. 390
(2)(a) The procedures set forth in subsection (1) apply to 391
the following building permit applica tions: accessory structure; 392
alarm permit; nonresidential buildings less than 25,000 square 393
feet; electric; irrigation permit; landscaping; mechanical; 394
plumbing; residential units including a single-family 395
residential other than a single family unit or a single-family 396
residential dwelling ; multifamily residential not exceeding 50 397
units; roofing; signs; site -plan approvals and subdivision plats 398
not requiring public hearings or public notice; and lot grading 399
and site alteration associated with the permit appli cation set 400
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forth in this subsection. The procedures set forth in subsection 401
(1) do not apply to permits for any wireless communications 402
facilities or when a law, agency rule, or local ordinance 403
specify different timeframes for review of local building perm it 404
applications. 405
(b) If A local government has different timeframes than 406
the timeframes set forth in subsection (1) for reviewing 407
building permit applications described in paragraph (a), the 408
local government must meet the deadlines established by local 409
ordinance. If a local government does not meet an established 410
deadline to approve, approve with conditions, or deny an 411
application, it must reduce the building permit fee by 10 412
percent for each business day that it fails to meet the 413
deadline. Each 10-percent reduction shall be based on the 414
original amount of the building permit fee, unless the parties 415
agree to an extension of time. This paragraph does not apply to 416
permits for any wireless communications facilities. 417
Section 4. Paragraph (a) of subsection (7) of section 418
553.80, Florida Statutes, is amended to read: 419
553.80 Enforcement. — 420
(7)(a) The governing bodies of local governments may 421
provide a schedule of reasonable fees, as authorized by s. 422
125.56(2) or s. 166.222 and this section, for enforcing t his 423
part. These fees, and any fines or investment earnings related 424
to the fees, may only shall be used solely for carrying out the 425
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local government's responsibilities in enforcing the Florida 426
Building Code, including upgrading technology hardware and 427
software systems that are used in enforcement . When providing a 428
schedule of reasonable fees, the total estimated annual revenue 429
derived from fees, and the fines and investment earnings related 430
to the fees, may not exceed the total estimated annual costs of 431
allowable activities. Any unexpended balances must be carried 432
forward to future years for allowable activities or must be 433
refunded at the discretion of the local government. A local 434
government may not carry forward an amount exceeding the average 435
of its operating budget for enforcing the Florida Building Code 436
for the previous 4 fiscal years. For purposes of this 437
subsection, the term "operating budget" does not include reserve 438
amounts. Any amount exceeding this limit must be used as 439
authorized in subparagraph 2. However, a local government that 440
established, as of January 1, 2019, a Building Inspections Fund 441
Advisory Board consisting of five members from the construction 442
stakeholder community and carries an unexpended balance in 443
excess of the average of its operat ing budget for the previous 4 444
fiscal years may continue to carry such excess funds forward 445
upon the recommendation of the advisory board. The basis for a 446
fee structure for allowable activities must relate to the level 447
of service provided by the local gover nment and must include 448
consideration for refunding fees due to reduced services based 449
on services provided as prescribed by s. 553.791, but not 450
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provided by the local government. Fees charged must be 451
consistently applied. 452
1. As used in this subsection, th e phrase "enforcing the 453
Florida Building Code" includes the direct costs and reasonable 454
indirect costs associated with review of building plans, 455
building inspections, reinspections, and building permit 456
processing; building code enforcement; and fire inspec tions 457
associated with new construction. The phrase may also include 458
training costs associated with the enforcement of the Florida 459
Building Code and enforcement action pertaining to unlicensed 460
contractor activity to the extent not funded by other user fees. 461
2. A local government must use any excess funds that it is 462
prohibited from carrying forward to rebate and reduce fees, or 463
to pay for the construction of a building or structure that 464
houses a local government's building code enforcement agency or 465
the training programs for building officials, inspectors, or 466
plans examiners associated with the enforcement of the Florida 467
Building Code. Excess funds used to construct such a building or 468
structure must be designated for such purpose by the local 469
government and may not be carried forward for more than 4 470
consecutive years. An owner or builder who has a valid building 471
permit issued by a local government for a fee, or an association 472
of owners or builders located in the state that has members with 473
valid building permits issued by a local government for a fee, 474
may bring a civil action against the local government that 475
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issued the permit for a fee to enforce this subparagraph. 476
3. The following activities may not be funded with fees 477
adopted for enforcing the Florida Bui lding Code: 478
a. Planning and zoning or other general government 479
activities. 480
b. Inspections of public buildings for a reduced fee or no 481
fee. 482
c. Public information requests, community functions, 483
boards, and any program not directly related to enforcemen t of 484
the Florida Building Code. 485
d. Enforcement and implementation of any other local 486
ordinance, excluding validly adopted local amendments to the 487
Florida Building Code and excluding any local ordinance directly 488
related to enforcing the Florida Building C ode as defined in 489
subparagraph 1. 490
4. A local government must use recognized management, 491
accounting, and oversight practices to ensure that fees, fines, 492
and investment earnings generated under this subsection are 493
maintained and allocated or used solely fo r the purposes 494
described in subparagraph 1. 495
5. The local enforcement agency, independent district, or 496
special district may not require at any time, including at the 497
time of application for a permit, the payment of any additional 498
fees, charges, or expense s associated with: 499
a. Providing proof of licensure under chapter 489; 500
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b. Recording or filing a license issued under this 501
chapter; 502
c. Providing, recording, or filing evidence of workers' 503
compensation insurance coverage as required by chapter 440; or 504
d. Charging surcharges or other similar fees not directly 505
related to enforcing the Florida Building Code. 506
Section 5. Section 440.103, Florida Statutes, is amended 507
to read: 508
440.103 Building permits; identification of minimum 509
premium policy.—Every employer shall, as a condition to applying 510
for and receiving a building permit, show proof and certify to 511
the permit issuer that it has secured compensation for its 512
employees under this chapter as provided in ss. 440.10 and 513
440.38. Such proof of compensation must be evidenced by a 514
certificate of coverage issued by the carrier, a valid exemption 515
certificate approved by the department, or a copy of the 516
employer's authority to self -insure and shall be presented, 517
electronically or physically, each time the employe r applies for 518
a building permit. As provided in s. 553.79(23) s. 553.79(24), 519
for the purpose of inspection and record retention, site plans 520
or building permits may be maintained at the worksite in the 521
original form or in the form of an electronic copy. The se plans 522
and permits must be open to inspection by the building official 523
or a duly authorized representative, as required by the Florida 524
Building Code. As provided in s. 627.413(5), each certificate of 525
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coverage must show, on its face, whether or not covera ge is 526
secured under the minimum premium provisions of rules adopted by 527
rating organizations licensed pursuant to s. 627.221. The words 528
"minimum premium policy" or equivalent language shall be typed, 529
printed, stamped, or legibly handwritten. 530
Section 6. This act shall take effect July 1, 2024. 531