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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; amending s. 2
553.73, F.S.; requiring the Florida Building 3
Commission to modify provisions in the Florida 4
Building Code relating to replacement windows, doors, 5
or garage doors in an existing building; providing 6
requirements for such modifications; defining the term 7
"windborne debris region"; amending s. 553.79, F.S.; 8
removing provisions relating to acquiring building 9
permits for certain residential dwellings; amending s. 10
553.792, F.S.; revising the timeframes for appro ving, 11
approving with conditions, or denying certain building 12
permits; requiring local governments to follow the 13
prescribed timeframes unless a local ordinance is more 14
stringent; requiring a local government to provide 15
written notice to an applicant under c ertain 16
circumstances; revising how many times a local 17
government may request additional information from an 18
applicant; specifying when a permit application is 19
deemed complete and approved; requiring the 20
opportunity for an in -person or virtual meeting befor e 21
a second request for additional information may be 22
made; requiring a local government to process an 23
application within a specified timeframe without 24
additional information upon written request by the 25
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applicant; reducing permit fees by a certain 26
percentage if certain timeframes are not met; 27
providing exceptions; providing construction; 28
conforming provisions to changes made by the act; 29
amending s. 553.80, F.S.; authorizing local 30
governments to use certain fees for certain technology 31
upgrades; amending s. 44 0.103, F.S.; conforming a 32
cross-reference; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Paragraphs (g) and (h) are added to subsection 37
(7) of section 553.73, Florida Statutes, to read: 38
553.73 Florida Building Code. — 39
(7) 40
(g) The commission shall modify the Florida Building Code 41
to state that sealed drawings by a design professional are not 42
required for the replacement of windows, doors, or garage doors 43
in an existing building if all of the f ollowing conditions are 44
met: 45
1. The replacement windows, doors, or garage doors are 46
installed in accordance with the manufacturer's instructions for 47
the appropriate wind zone. 48
2. The replacement windows, doors, or garage doors meet 49
the design pressure requirements in the most recent version of 50
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the Florida Building Code. 51
3. A copy of the manufacturer's instructions is submitted 52
with the permit application in a printed or digital format. 53
(h) The term "windborne debris region" has the same 54
meaning as in the Florida Building Code, 7th Edition (2020) 55
Residential, until the adoption of the 9th Edition of the 56
Florida Building Code. 57
Section 2. Subsection (16) of section 553.79, Florida 58
Statutes, is amended to read: 59
553.79 Permits; applications; issuanc e; inspections.— 60
(16) Except as provided in paragraph (e), a building 61
permit for a single-family residential dwelling must be issued 62
within 30 business days after receiving the permit application 63
unless the permit application fails to satisfy the Florida 64
Building Code or the enforcing agency's laws or ordinances. 65
(a) If a local enforcement agency fails to issue a 66
building permit for a single -family residential dwelling within 67
30 business days after receiving the permit application, it must 68
reduce the building permit fee by 10 percent for each business 69
day that it fails to meet the deadline. Each 10 -percent 70
reduction shall be based on the original amount of the building 71
permit fee. 72
(b) A local enforcement agency does not have to reduce the 73
building permit fee if it provides written notice to the 74
applicant, by e-mail or United States Postal Service, within 30 75
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business days after receiving the permit application, that 76
specifically states the reasons the permit application fails to 77
satisfy the Florida Building Code or the enforcing agency's laws 78
or ordinances. The written notice must also state that the 79
applicant has 10 business days after receiving the written 80
notice to submit revision s to correct the permit application and 81
that failure to correct the application within 10 business days 82
will result in a denial of the application. 83
(c) The applicant has 10 business days after receiving the 84
written notice to address the reasons specified by the local 85
enforcement agency and submit revisions to correct the permit 86
application. If the applicant submits revisions within 10 87
business days after receiving the written notice, the local 88
enforcement agency has 10 business days after receiving such 89
revisions to approve or deny the building permit unless the 90
applicant agrees to a longer period in writing. If the local 91
enforcement agency fails to issue or deny the building permit 92
within 10 business days after receiving the revisions, it must 93
reduce the building permit fee by 20 percent for the first 94
business day that it fails to meet the deadline unless the 95
applicant agrees to a longer period in writing. For each 96
additional business day, but not to exceed 5 business days, that 97
the local enforcement agenc y fails to meet the deadline, the 98
building permit fee must be reduced by an additional 10 percent. 99
Each reduction shall be based on the original amount of the 100
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building permit fee. 101
(d) If any building permit fees are refunded under this 102
subsection, the surcharges provided in s. 468.631 or s. 553.721 103
must be recalculated based on the amount of the building permit 104
fees after the refund. 105
(e) A building permit for a single -family residential 106
dwelling applied for by a contractor licensed in this state on 107
behalf of a property owner who participates in a Community 108
Development Block Grant –Disaster Recovery program administered 109
by the Department of Economic Opportunity must be issued within 110
15 working days after receipt of the application unless the 111
permit application fails to satisfy the Florida Building Code or 112
the enforcing agency's laws or ordinances. 113
Section 3. Subsections (1) and (2) of section 553.792, 114
Florida Statutes, are amended and subsection (4) is added to 115
that section, to read: 116
553.792 Building permit application to local government. — 117
(1)(a) A local government must approve, approve with 118
conditions, or deny a building permit application after receipt 119
of a completed and sufficient application within the following 120
timeframes, unless the applicant waives such timeframes in 121
writing: 122
1. For an applicant using a local government plans 123
reviewer to obtain a building permit, within 30 business days 124
after receiving a complete and sufficient application. 125
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2. For an applicant using a private provider cons istent 126
with s. 553.791 to obtain a building permit, within 15 business 127
days after receiving a complete and sufficient application. 128
3. For an applicant for a master plan permit, within 10 129
business days after receiving a complete and sufficient 130
application. 131
4. For an applicant for a single -family residential 132
dwelling applied for by a contractor licensed in this state on 133
behalf of a property owner who participates in a Community 134
Development Block Grant -Disaster Recovery program administered 135
by the Department of Commerce, within 10 business days after 136
receipt of the application unless the permit application fails 137
to satisfy the Florida Building Code or the enforcing agency's 138
laws or ordinances. 139
5. For an applicant for a multifamily residential unit, 140
within 60 business days after receiving a complete and 141
sufficient application. 142
143
If the local government does not approve, approve with 144
conditions, or deny the completed and sufficient application 145
within the required timeframes in this paragraph, the 146
application is deemed or determined to be approved. 147
(b) A local government must meet the timeframes set forth 148
in this section for reviewing building permit applications 149
unless the timeframes set by local ordinance are more stringent 150
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than those prescribed in this sec tion. 151
(c) After Within 10 days of an applicant submits 152
submitting an application to the local government, the local 153
government must provide written notice to the applicant within 5 154
business days after receipt of the application advising shall 155
advise the applicant what information, if any, is needed to deem 156
or determine that the application is properly completed in 157
compliance with the filing requirements published by the local 158
government. If the local government does not provide timely 159
written notice that the applicant has not submitted a the 160
properly completed application, the application is shall be 161
automatically deemed or determined to be properly completed and 162
accepted. 163
(d)1. Within 10 business 45 days after providing written 164
notice to the applicant t hat his or her application is properly 165
completed or upon receipt of any information needed to deem the 166
application complete receiving a completed application , a local 167
government must provide written notice to notify an applicant if 168
additional information is required for the local government to 169
determine the sufficiency of the application, and the notice 170
must shall specify the additional information that is required. 171
The applicant may must submit the additional inform ation to the 172
local government or request that the local government act 173
without the additional information. When reviewing an 174
application for a building permit, a local government may not 175
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request additional information from the applicant more than two 176
times unless the applicant waives such limitation in writing. 177
The local government's second request for information must be 178
made within 10 business days after the local government receives 179
the additional information indicated in the first request. The 180
local government must determine the sufficiency of the 181
application within 10 business days after receiving the 182
additional information from a second request. If the local 183
government does not provide to the applicant timely written 184
notice that the applicant must subm it additional information to 185
determine whether the application is sufficient, the application 186
is automatically deemed or determined to be sufficient. 187
2. Before a second request for additional information may 188
be made, the local government must offer the a pplicant an 189
opportunity to meet in person or virtually with the local 190
government to attempt to resolve outstanding issues. 191
3. If an applicant believes a request for additional 192
information is not authorized by ordinance, rule, statute, or 193
other legal authority, the local government, at the applicant's 194
written request, must process the application within 10 business 195
days after receipt of such request and approve the application, 196
approve the application with conditions, or deny the application 197
and provide the applicant with sufficient reason for such 198
denial. While the applicant responds to the request for 199
additional information, the 120 -day period described in this 200
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subsection is tolled. Both parties may agree to a reasonable 201
request for an extension of time, particularly in the event of a 202
force majeure or other extraordinary circumstance. The local 203
government must approve, approve with conditions, or deny the 204
application within 120 days following receipt of a completed 205
application. 206
(e) A local government sha ll maintain on its website a 207
policy containing procedures and expectations for expedited 208
processing of those building permits and development orders 209
required by law to be expedited. 210
(b)1. When reviewing an application for a building permit, 211
a local government may not request additional information from 212
the applicant more than three times, unless the applicant waives 213
such limitation in writing. 214
2. If a local government requests additional information 215
from an applicant and the applicant submits the reques ted 216
additional information to the local government within 30 days 217
after receiving the request, the local government must, within 218
15 days after receiving such information: 219
a. Determine if the application is properly completed; 220
b. Approve the application ; 221
c. Approve the application with conditions; 222
d. Deny the application; or 223
e. Advise the applicant of information, if any, that is 224
needed to deem the application properly completed or to 225
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determine the sufficiency of the application. 226
3. If a local government makes a second request for 227
additional information from the applicant and the applicant 228
submits the requested additional information to the local 229
government within 30 days after receiving the request, the local 230
government must, within 10 days after receiving such 231
information: 232
a. Determine if the application is properly completed; 233
b. Approve the application; 234
c. Approve the application with conditions; 235
d. Deny the application; or 236
e. Advise the applicant of information, if any, that is 237
needed to deem the application properly completed or to 238
determine the sufficiency of the application. 239
4. Before a third request for additional information may 240
be made, the applicant must be offered an opportunity to meet 241
with the local government to attempt to resolve outstanding 242
issues. If a local government makes a third request for 243
additional information from the applicant and the applicant 244
submits the requested additional information to the local 245
government within 30 days after receiving the request, the lo cal 246
government must, within 10 days after receiving such information 247
unless the applicant waived the local government's limitation in 248
writing, determine that the application is complete and: 249
a. Approve the application; 250
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b. Approve the application with c onditions; or 251
c. Deny the application. 252
5. If the applicant believes the request for additional 253
information is not authorized by ordinance, rule, statute, or 254
other legal authority, the local government, at the applicant's 255
request, must process the appli cation and either approve the 256
application, approve the application with conditions, or deny 257
the application. 258
(f)(c) If a local government fails to meet a deadline 259
under this subsection provided in paragraphs (a) and (b) , it 260
must reduce the building permi t fee by 10 percent for each 261
business day that it fails to meet the deadline , unless the 262
parties agree in writing to a reasonable extension of time, the 263
delay is caused by the applicant, or the delay is attributable 264
to a force majeure or other extraordinar y circumstances. Each 265
10-percent reduction shall be based on the original amount of 266
the building permit fee, unless the parties agree to an 267
extension of time. 268
(2)(a) The procedures set forth in subsection (1) apply to 269
the following building permit applic ations: accessory structure; 270
alarm permit; nonresidential buildings less than 25,000 square 271
feet; electric; irrigation permit; landscaping; mechanical; 272
plumbing; residential units including a single-family 273
residential other than a single family unit or a single-family 274
residential dwelling ; multifamily residential not exceeding 50 275
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units; roofing; signs; site -plan approvals and subdivision plats 276
not requiring public hearings or public notice; and lot grading 277
and site alteration associated with the permit appl ication set 278
forth in this subsection. The procedures set forth in subsection 279
(1) do not apply to permits for any wireless communications 280
facilities or when a law, agency rule, or local ordinance 281
specify different timeframes for review of local building per mit 282
applications. 283
(b) If A local government has different timeframes than 284
the timeframes set forth in subsection (1) for reviewing 285
building permit applications described in paragraph (a), the 286
local government must meet the deadlines established by local 287
ordinance. If a local government does not meet an established 288
deadline to approve, approve with conditions, or deny an 289
application, it must reduce the building permit fee by 10 290
percent for each business day that it fails to meet the 291
deadline. Each 10-percent reduction shall be based on the 292
original amount of the building permit fee, unless the parties 293
agree to an extension of time. This paragraph does not apply to 294
permits for any wireless communications facilities. 295
Section 4. Paragraph (a) of subsection (7) of section 296
553.80, Florida Statutes, is amended to read: 297
553.80 Enforcement. — 298
(7)(a) The governing bodies of local governments may 299
provide a schedule of reasonable fees, as authorized by s. 300
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125.56(2) or s. 166.222 and this section, for enforcing t his 301
part. These fees, and any fines or investment earnings related 302
to the fees, may only shall be used solely for carrying out the 303
local government's responsibilities in enforcing the Florida 304
Building Code, including upgrading technology hardware and 305
software systems that are used in enforcement . When providing a 306
schedule of reasonable fees, the total estimated annual revenue 307
derived from fees, and the fines and investment earnings related 308
to the fees, may not exceed the total estimated annual costs of 309
allowable activities. Any unexpended balances must be carried 310
forward to future years for allowable activities or must be 311
refunded at the discretion of the local government. A local 312
government may not carry forward an amount exceeding the average 313
of its operating budget for enforcing the Florida Building Code 314
for the previous 4 fiscal years. For purposes of this 315
subsection, the term "operating budget" does not include reserve 316
amounts. Any amount exceeding this limit must be used as 317
authorized in subparagraph 2. However, a local government that 318
established, as of January 1, 2019, a Building Inspections Fund 319
Advisory Board consisting of five members from the construction 320
stakeholder community and carries an unexpended balance in 321
excess of the average of its operat ing budget for the previous 4 322
fiscal years may continue to carry such excess funds forward 323
upon the recommendation of the advisory board. The basis for a 324
fee structure for allowable activities must relate to the level 325
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of service provided by the local gover nment and must include 326
consideration for refunding fees due to reduced services based 327
on services provided as prescribed by s. 553.791, but not 328
provided by the local government. Fees charged must be 329
consistently applied. 330
1. As used in this subsection, th e phrase "enforcing the 331
Florida Building Code" includes the direct costs and reasonable 332
indirect costs associated with review of building plans, 333
building inspections, reinspections, and building permit 334
processing; building code enforcement; and fire inspec tions 335
associated with new construction. The phrase may also include 336
training costs associated with the enforcement of the Florida 337
Building Code and enforcement action pertaining to unlicensed 338
contractor activity to the extent not funded by other user fees. 339
2. A local government must use any excess funds that it is 340
prohibited from carrying forward to rebate and reduce fees, or 341
to pay for the construction of a building or structure that 342
houses a local government's building code enforcement agency or 343
the training programs for building officials, inspectors, or 344
plans examiners associated with the enforcement of the Florida 345
Building Code. Excess funds used to construct such a building or 346
structure must be designated for such purpose by the local 347
government and may not be carried forward for more than 4 348
consecutive years. An owner or builder who has a valid building 349
permit issued by a local government for a fee, or an association 350
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of owners or builders located in the state that has members with 351
valid building permits issued by a local government for a fee, 352
may bring a civil action against the local government that 353
issued the permit for a fee to enforce this subparagraph. 354
3. The following activities may not be funded with fees 355
adopted for enforcing the Florida Bui lding Code: 356
a. Planning and zoning or other general government 357
activities. 358
b. Inspections of public buildings for a reduced fee or no 359
fee. 360
c. Public information requests, community functions, 361
boards, and any program not directly related to enforcemen t of 362
the Florida Building Code. 363
d. Enforcement and implementation of any other local 364
ordinance, excluding validly adopted local amendments to the 365
Florida Building Code and excluding any local ordinance directly 366
related to enforcing the Florida Building C ode as defined in 367
subparagraph 1. 368
4. A local government must use recognized management, 369
accounting, and oversight practices to ensure that fees, fines, 370
and investment earnings generated under this subsection are 371
maintained and allocated or used solely fo r the purposes 372
described in subparagraph 1. 373
5. The local enforcement agency, independent district, or 374
special district may not require at any time, including at the 375
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time of application for a permit, the payment of any additional 376
fees, charges, or expense s associated with: 377
a. Providing proof of licensure under chapter 489; 378
b. Recording or filing a license issued under this 379
chapter; 380
c. Providing, recording, or filing evidence of workers' 381
compensation insurance coverage as required by chapter 440; or 382
d. Charging surcharges or other similar fees not directly 383
related to enforcing the Florida Building Code. 384
Section 5. Section 440.103, Florida Statutes, is amended 385
to read: 386
440.103 Building permits; identification of minimum 387
premium policy.—Every employer shall, as a condition to applying 388
for and receiving a building permit, show proof and certify to 389
the permit issuer that it has secured compensation for its 390
employees under this ch apter as provided in ss. 440.10 and 391
440.38. Such proof of compensation must be evidenced by a 392
certificate of coverage issued by the carrier, a valid exemption 393
certificate approved by the department, or a copy of the 394
employer's authority to self -insure and shall be presented, 395
electronically or physically, each time the employer applies for 396
a building permit. As provided in s. 553.79(23) s. 553.79(24), 397
for the purpose of inspection and record retention, site plans 398
or building permits may be maintained at the worksite in the 399
original form or in the form of an electronic copy. These plans 400
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and permits must be open to inspection by the building official 401
or a duly authorized representative, as required by the Florida 402
Building Code. As provided in s. 627.413(5), eac h certificate of 403
coverage must show, on its face, whether or not coverage is 404
secured under the minimum premium provisions of rules adopted by 405
rating organizations licensed pursuant to s. 627.221. The words 406
"minimum premium policy" or equivalent language sh all be typed, 407
printed, stamped, or legibly handwritten. 408
Section 6. This act shall take effect January 1, 2025. 409