Florida House Bill H0267 Analysis / Analysis

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0267c.COM 
DATE: 2/14/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/CS/HB 267    Building Regulations 
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Regulatory Reform & 
Economic Development Subcommittee, Esposito 
TIED BILLS:   IDEN./SIM. BILLS: SB 684 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Regulatory Reform & Economic Development 
Subcommittee 
9 Y, 6 N, As CS Wright Anstead 
2) Local Administration, Federal Affairs & Special 
Districts Subcommittee 
10 Y, 4 N, As CS Mwakyanjala Darden 
3) Commerce Committee  	Wright Hamon 
SUMMARY ANALYSIS 
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the 
state. Local governments are required to enforce the Building Code and are responsible for issuing building permits. 
Current law provides standards and timeframes for local governments to follow for the issuance of building permits. 
 
The bill: 
 Requires the Florida Building Commission (Commission) to provide an exception in the Building Code 
relating to sealed drawings by a design professional for replacement windows, doors, and garages. 
 Requires the Commission to use the 2020 definition of “windborne debris region” for residential use. 
 Requires a local government to: 
o Determine if a building permit application is complete within 5 business days of receiving the 
application, previously set at 10 days. 
o Determine if a building permit application is sufficient within 10 business days of receiving a 
completed application, previously set at 45 days. 
o Approve, approve with conditions, or deny a complete and sufficient permit application within the 
following timeframes: 
 30 business days for applicants using local government review, previously set at 120 days; 
 15 business days for applicants using a private provider, previously set at 120 days; and 
 10 business days for applicants for a permit under an already-approved master plan permit, 
previously set at 120 days. 
 60 business days for applicants for a multifamily project; previously set at 120 days. 
o Review an completed application for sufficiency within 10 business days. 
o Provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second 
request for additional information may be made. 
 Provides that a local government can request additional information from an applicant two times, unless the 
applicant agrees otherwise, previously set at three times.   
 Provides an exception to the fee reduction provision when a delay is caused by the applicant or by a force 
majeure or other extraordinary circumstance.  
 
The bill may have an indeterminate fiscal impact on state and local government.   
 
The bill provides an effective date of January 1, 2025.   STORAGE NAME: h0267c.COM 	PAGE: 2 
DATE: 2/14/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Current Situation – Building Permits 
 
The Florida Building Code 
 
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum 
building code that would ensure that Florida’s minimum standards were met. Local governments could 
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of 
new editions of the four model codes. Local governments could amend and enforce their local codes, 
as they desired.
1
  
 
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane 
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The 
Governor eventually appointed a study commission to review the system of local codes and make 
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission 
recommendations for a single state building code and enhanced the oversight role of the state over 
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code 
(Building Code), and that first edition replaced all local codes on March 1, 2002.
2
 The current edition of 
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code.
3
 
 
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent 
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and 
enforcement of a single, unified state building code. The Building Code must be applied, administered, 
and enforced uniformly and consistently from jurisdiction to jurisdiction.
4
 
 
The Florida Building Commission (Commission) was created to implement the Building Code. The 
Commission, which is housed within the Department of Business and Professional Regulation (DBPR), 
is a 19-member technical body made up of design professionals, contractors, and government experts 
in various disciplines covered by the Building Code. The Commission reviews several International 
Codes published by the International Code Council,
5
 the National Electric Code, and other nationally 
adopted model codes to determine if the Building Code needs to be updated and adopts an updated 
Building Code every three years.
6
 
 
Use of Building Code Enforcement Fees 
 
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the 
enforcing agency for the issuance of a building permit.
7
 Such fees shall be used solely for carrying out 
the local government’s responsibilities in enforcing the Building Code.
8
  Enforcing the Building Code 
includes the direct costs and reasonable indirect costs associated with training, review of building 
                                                
1
 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, 
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 28, 2024).   
2
 Id. 
3
 Florida Building Commission Homepage,  https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2024).   
4
 See s. 553.72(1), F.S. 
5
 The International Code Council (ICC) is an association that develops model codes and standards used in the design, 
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code 
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 28, 2024). 
6
 S. 553.73(7)(a), F.S. 
7
 S. 553.80 F.S.  
8
 Id.  STORAGE NAME: h0267c.COM 	PAGE: 3 
DATE: 2/14/2024 
  
plans, building inspections, re-inspections, building permit processing, and fire inspections.
9
 Local 
governments must post all building permit and inspection fee schedules on their website.
10
  
 
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs 
in enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated 
annual revenue derived from fees, and the fines and investment earnings related to the fees, may not 
exceed the total estimated annual costs of allowable activities. Any unexpended balances must be 
carried forward to future years for allowable activities or must be refunded at the discretion of the local 
government. A local government may not carry forward an amount exceeding the average of its 
operating budget, not including reserve amounts, for enforcing the Building Code for the previous 4 
fiscal years.
11
 
 
DBPR Surcharges 
 
Current law requires all local governments to assess and collect a 1% surcharge on any building permit 
issued by their enforcement agency for the purpose of enforcing the Building Code. The local 
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the 
Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire 
Prevention Code informal interpretations.
12
  
 
Current law also requires all local governments to assess and collect a separate 1.5% surcharge on 
any building permit issued by their enforcement agency for the purpose of enforcing the Building Code. 
The local governments collect the assessment and remit the surcharge fees to DBPR, where it is 
divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB) 
and the Florida Homeowners’ Construction Recovery Fund.
13
 
 
Local government building departments are permitted to retain 10% of the amount of the surcharges 
they collect to fund participation by their agencies in the national and state building code adoption 
processes and to provide education related to enforcement of the Building Code.
14
 
 
 Building Permit Delays 
 
Any delays in obtaining a building permit can delay the completion of a construction project. Delays in 
the completion of a construction project may:
15
 
 Lead to increased costs for construction projects, which may be passed onto occupants of a 
completed project;  
 Discourage construction, which can reduce the total supply of buildings in a community and 
may lead to higher rents in the community; 
 Reduce property tax revenue to a local government and other taxing jurisdictions resulting from 
the delayed start and completion of a construction project; and 
 Result in delayed occupancy of a project, including single-family residences and multi-family 
residences. 
 
                                                
9
 S. 553.80(7)(a)1., F.S. 
10
 Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.  
11
 S. 553.80(7)(a), F.S. 
12
 S. 553.721, F.S. 
13
 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who 
have suffered a covered financial loss at the hands of state-licensed general, building and residential contractors. Claims 
are filed with the DBPR, who reviews for completeness and statutory eligibility. The DBPR then presents the claim to the 
Construction Industry Licensing Board for review. s. 489.1401(2), F.S. 
14
 Ss. 468.631, and 553.721, F.S. 
15
 City of Austin Development Services Department, A Program for Expedited Permitting, 
http://austintexas.gov/sites/default/files/files/8-9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 28, 
2024); PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and 
Government Revenues, (Dec. 7, 2005).  STORAGE NAME: h0267c.COM 	PAGE: 4 
DATE: 2/14/2024 
  
Streamlining the process to obtain a building permit can accelerate the completion of construction 
projects. The goal of streamlining is to remove overlap and duplication and create more efficient 
administrative procedures while not reducing a building department’s ability to enforce the applicable 
construction codes. Streamlining the building permit process may:
16
  
 Increase local government revenues by accelerating completion of a project and thus 
accelerating property tax collection; 
 Create local construction jobs and other indirect jobs supported by local construction jobs, such 
as jobs at a material supplier, which may increase local tax revenue; and 
 Encourage economic development by having an efficient permit system.  
 
Building Permit Application Review  
 
Time-Period to Review  
 
Current law requires local governments to review certain building permit applications within a specific 
time-period of receiving the applications. Current law has established time-periods for local 
governments to review applications for the following building permits:
17
 
 Accessory structure;  
 Alarm permit;  
 Nonresidential buildings less than 25,000 square feet;  
 Electric;  
 Irrigation permit;  
 Landscaping;  
 Mechanical;  
 Plumbing;  
 Residential units other than a single-family unit;  
 Multifamily residential not exceeding 50 units;  
 Roofing;  
 Signs;  
 Site-plan approvals and subdivision plats not requiring public hearings or public notice; and 
 Lot grading and site alteration associated with the permit application. 
 
When a local government receives an application for one of the above building permits, it must:
18
 
 Complete Application – Inform the applicant within 10 days of receiving the application, what 
information, if any, is needed to complete the application. 
o If the local government fails to provide written notice to the applicant within the 10-day 
window, the application is deemed to be properly completed.  
 Sufficiency of Application – Notify the applicant within 45 days of the application being 
deemed complete, if additional information is necessary to determine the sufficiency of the 
application; 
o If additional information is needed the local government must specify what additional 
information is necessary.  
o The applicant may submit the additional information to the local government within 30 
days or request that the local government act on the application without the additional 
information.  
 Approve or Deny Application – Approve, approve with conditions, or deny the application 
within 120 days following receipt of the completed application. 
o This period is tolled during the time an applicant is responding to a request for additional 
information and may be extended by mutual consent of the parties. 
 
                                                
16
 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 28, 2024). 
17
 S. 553.792(2), F.S. 
18
 S. 553.792(1), F.S.  STORAGE NAME: h0267c.COM 	PAGE: 5 
DATE: 2/14/2024 
  
These time-periods do not apply when a law, agency rule, or local ordinance specify different 
timeframes for review of local building permit applications, for permits for wireless communication 
facilities, or when both parties agree to an extension.
19
 
 
Additional Information Standards
20
 
 
A local government may only make three requests for additional information. However, an applicant 
may agree in writing to waive the limitation that local governments may only make three requests for 
additional information for such permits.  
 
If a local government makes a request for additional information from an applicant for one the above 
building permits, and the applicant provides the information within 30 days of receiving the request, the 
local government must
21
: 
 First Request – Review the additional information and determine the application is complete, 
approve the application, approve the application with conditions, deny the application, or specify 
the remaining deficiencies within 15 days of receiving the information from the applicant, if the 
request is the local government’s first request. 
 Second Request – Review the additional information and determine the application is 
complete, approve the application, approve the application with conditions, deny the application, 
or specify the remaining deficiencies within 10 days of receiving the information from the 
applicant, if the request is the local government’s second request. 
 Third Request – Deem the application complete and approve the application, approve the 
application with conditions, or deny the application within 10 days of receiving the information 
from the applicant, if the request is the local government’s third request. 
 
Prior to making a third request for information the local government must offer to meet with the permit 
applicant to attempt to resolve outstanding issues. 
 
If the applicant believes the request for additional information is not authorized by ordinance, rule, 
statute, or other legal authority, the local government, at the applicant’s request, shall proceed to 
process the application for approval, approval with conditions, or denial. 
 
Fee Reductions for Failure to Meet Timeframes  
 
If a local government fails to meet these deadlines it must reduce the building permit fee by 10% for 
each business day that it fails to meet the deadline. However, these time limitations do not apply when 
a law, agency rule, or local ordinance specifies different timeframes for review of local building permit 
applications, for permits for wireless communication facilities, or when both parties agree to an 
extension. 
 
If any permit fees are refunded because a local government fails to meet an established deadline for 
reviewing a building permit application, the Department of Business and Professional Regulation 
(DBPR) surcharges for funding the Commission, the Florida Building Code Administrators and 
Inspectors Board (BCAIB), and the Florida Homeowners’ Recovery Fund must be recalculated based 
on the amount of the permit fees after the refund.
22
 
 
                                                
19
 S. 553.792(1)(a), F.S. 
20
 S. 553.792(1)(b), F.S. 
21
 Id. 
22
 S. 553.79(16)(d), F.S.  STORAGE NAME: h0267c.COM 	PAGE: 6 
DATE: 2/14/2024 
  
Time-Period to Review Single-Family Residential Dwelling Building Permit Applications  
 
Single-family residential dwelling permits must be issued within: 
 30 business days of receiving the application, unless the application fails to satisfy the Building 
Code or the enforcing agency’s laws or ordinances, or unusual circumstances require a longer 
time-period for processing the application.
23
 
 If the local enforcing agency does not issue a building permit for a single-family residential 
dwelling, within 30 business days after receiving the permit application, it must reduce the 
building permit fee by 10% for each business day that it fails to meet the deadline. Each 10% 
reduction is based on the original amount of the building permit fee.  
 The enforcing agency does not have to reduce the building permit fee if it provides notice to the 
applicant, by e-mail or United States Postal Service, within 30 business days after receiving 
the permit application, that specifically states the reasons the permit application fails to satisfy 
the Building Code or the enforcing agency’s laws or ordinances.
24
 
 After receiving the written notice, the applicant has 10 business days to correct the 
specifications written by the local enforcing agency and submit revisions to correct the permit 
application.  
 If the applicant submits the revisions within 10 business days, the local enforcing agency has 10 
business days after receiving such revisions to approve or deny the building permit unless the 
applicant agrees to a longer permit in writing.
25
 
 
If a government entity fails to approve or deny the single-family residential dwelling building permit 
within 10 business days of receiving the applicant’s revisions, it must: 
26
 
 Reduce the permit fee by 20% of the original permit fee for the first business day that it fails to 
meet the deadline; and  
 An additional 10% of the original permit fee for each business day that it fails to meet the 
deadline, for up to five business days.  
 
A government entity does not have to reduce the fee for a single-family residential dwelling building 
permit, if: 
27
 
 It provides written notice to the applicant, by email or USPS mail within 30 business days of 
receiving the application; and 
 The written notice specifically states how the application fails to satisfy the Building Code or the 
government entity’s laws or ordinances, and that the applicant has 10 business days after 
receiving the notice to remedy the deficiencies in their application or it will be denied. 
 
A building permit for a single-family residential dwelling applied for by a contractor licensed in this state 
on behalf of a property owner who participates in a Community Development Block Grant-Disaster 
Recovery program administered by the Department of Economic Opportunity must be issued within 15 
business days after receipt of the application unless the permit application fails to satisfy the Building 
Code or the enforcing agency's laws or ordinances.
28
 
 
Construction Documents 
 
Professional Engineers  
 
Professional engineers and related qualified business organizations are regulated by Ch. 471, F.S., 
and by the Florida Board of Professional Engineers under DBPR.
29
  
 
                                                
23
 S. 553.79(16), F.S. 
24
 S. 553.79(16)(a)-(b), F.S. 
25
 S. 553.79(16)(c), F.S. 
26
 S. 553.79(16)(c), F.S. 
27
 S. 553.79(16)(b), F.S. 
28
 S. 553.79(16)(e), F.S. 
29
 S. 20.165(4)(a)11., F.S.  STORAGE NAME: h0267c.COM 	PAGE: 7 
DATE: 2/14/2024 
  
“Engineering” includes the term “professional engineering” and means any service or creative work, the 
adequate performance of which requires engineering education, training, and experience in the 
application of special knowledge of the mathematical, physical, and engineering sciences to such 
services or creative work as consultation, investigation, evaluation, planning, and design of engineering 
works and systems, planning the use of land and water, teaching of the principles and methods of 
engineering design, engineering surveys, and the inspection of construction for the purpose of 
determining in general if the work is proceeding in compliance with drawings and specifications, any of 
which embraces such services or work, either public or private, in connection with any utilities, 
structures, buildings, machines, equipment, processes, work systems, projects, and industrial or 
consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, 
insofar as they involve safeguarding life, health, or property; and includes such other professional 
services as may be necessary to the planning, progress, and completion of any engineering 
services….”
30
 
 
All final drawings, specifications, plans, reports, or documents prepared or issued by the professional 
engineer and being filed for public record, including for a building permit, and all final documents 
provided to the owner or the owner’s representative must be signed by the licensee, dated, and sealed 
with said seal. Such signature, date, and seal shall be evidence of the authenticity of that to which they 
are affixed.
31
 
 
Architects  
 
Architects and related qualified business organizations in the state are regulated by part I of Ch. 481, 
F.S., and by the Board of Architecture and Interior Design under DBPR. 
 
“Architecture services” means the rendering or offering to render services in connection with the design 
and construction of a structure or group of structures which have as their principal purpose human 
habitation or use, and the utilization of space within and surrounding such structures. These services 
include planning, providing preliminary study designs, drawings and specifications, job-site inspection, 
and administration of construction contracts.
32
 
 
All final construction documents and instruments of service which include drawings, plans, 
specifications, or reports prepared or issued by the registered architect or qualified architecture 
business and being filed for public record, including for a building permit, must bear the signature and 
seal of the registered architect who prepared or approved the document and the date on which they 
were sealed. The signature, date, and seal shall be evidence of the authenticity of that to which they 
are affixed.
33
  
 
Building Code Requirements 
 
The Building Code, Building, requires applicants for a permit to submit construction documents, a 
statement of special inspections, a geotechnical report, and other data in two or more sets with each 
permit application. The construction documents must be prepared by a registered design professional
34
 
where required by Ch. 471, F.S., or Ch. 481, F.S.
35
  
 
Where special conditions exist, the building official is authorized to require additional construction 
documents to be prepared by a registered design professional. However, the building official may waive 
                                                
30
 S. 471.005(7), F.S. 
31
 S. 471.025(1), F.S. 
32
 S. 481.206(6), F.S.  
33
 Ss. 481.219(4) and 481.221(2), F.S. 
34
 The Building Code, Building, defines “registered design professional” as an individual who is registered or licensed to 
practice their respective design profession as defined by the statutory requirements of the professional registration laws of 
the state or jurisdiction in which the project is to be constructed. This includes any registered design professional so long 
as they are practicing within the scope of their license, which includes those licensed under Chs. 471 (professional 
engineers) and 481, F.S. (architects, interior designers, and landscape architects). S. 202, FBS, Building (8th Ed. 2023).  
35
 S. 553.71(12), F.S.; S. 107.1, FBC, Building (8th Ed. 2023).  STORAGE NAME: h0267c.COM 	PAGE: 8 
DATE: 2/14/2024 
  
the submission of construction documents and other data not required to be prepared by a registered 
design professional if it is found that the nature of the work applied for is such that review of 
construction documents is not necessary to obtain compliance with the Building Code.
36
 
 
Threshold Buildings 
 
A “threshold building” is a building that is greater than 3 stories or 50 feet in height, or that has an 
assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of 
greater than 500 persons.
37
 
 
A “special inspector” is a licensed architect or engineer who is certified under Ch. 471, F.S., or Ch. 481, 
F.S. to conduct inspections of threshold buildings.
38
 
 
During new construction or during repair or restoration projects in which the structural system or 
structural loading of a threshold building is being modified, including windows and doors, the enforcing 
agency must require a special inspector to perform structural inspections on a threshold building 
pursuant to a structural inspection plan prepared by the engineer or architect of record.
39
  
 
The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a 
building permit for the construction of a threshold building.  
 
The purpose of the structural inspection plans is to provide specific inspection procedures and 
schedules so that the building can be adequately inspected for compliance with the permitted 
documents.
40
 
 
Residential Windborne Debris Region Requirements 
 
Exposure D 
 
The American Society of Civil Engineers (ASCE) and Structural Engineering Institute (SEI) developed 
and published the Minimum Design Loads and Associated Criteria for Buildings and Other Structures 
(commonly referred to as ASCE 7-22), which is the primary reference standard for structural loads in 
the 2024 International Building Code, 2024 International Residential Code, and the 2023 Florida 
Building Code. The standard specifies minimum structural design loads and other criteria for the design 
of buildings and other structures for dead, live, soil, flood, tsunami, snow, rain, atmospheric ice, 
earthquake, wind, and tornado loads. It also provides criteria on how to assess load combinations.
41
 
 
ASCE 7-22 describes the process to which wind speed is converted into wind pressure used to design 
structures. The formula is based on many variables, one of which is called “Exposure Category”, which 
is a category of wind exposure and reflects the characteristics of ground surface irregularities at a site 
which the building or structure is to be constructed. The rougher the surface, the lower the multiplier 
                                                
36
 Id. 
37
 S. 202, FBS, Building (8th Ed. 2023). 
38
 S. 553.71(9), F.S. 
39
 553.79(5)(a), F.S.; s. 110.8.1, FBC, Building (8th Ed. 2023). 
40
 Id. 
41
 Federal Emergency Management Agency, FEMA Fact Sheet- Highlights of Significant Changes to the Wind Load 
Provisions of ASCE 7-22, Aug. 2022, https://www.fema.gov/sites/default/files/documents/fema_asce-7-22-wind-
highlights_fact-sheet_2022.pdf (last visited Feb. 13, 2024).  STORAGE NAME: h0267c.COM 	PAGE: 9 
DATE: 2/14/2024 
  
that converts wind speed to pressure.
42
 “Exposure D” is the largest multiplier when converting wind 
velocity to wind pressure, representing coastal areas and the ‘smoothness’ of water relative to wind.  
 
The 2023 Building Code, Residential provides that Exposure D applies:
43
 
 Where the ground surface roughness in flat, unobstructed areas and water surfaces, prevails in 
the upwind direction for a distance of at least 5,000 feet (1524 m) or 20 times the height of the 
building, whichever is greater.  
 Where the ground surface roughness immediately upwind of the site is Exposure B or C, and 
the site is within a distance of 600 feet (183 m) or 20 times the building height, whichever is 
greater, from an Exposure D condition. 
 
Windborne Debris Region Definition Change  
 
The Building Code requires certain increased building protections for homes in a windborne debris 
region, such as the requirement for impact windows.
44
  
 
The Building Code, Residential, 8
th
 edition, 2023, currently defines “windborne debris” as areas within 
hurricane-prone regions located in accordance with one of the following:
45
 
 Within 1 mile (1.61 km) of the mean high water line where an Exposure D condition exists 
upwind at the waterline and the ultimate design wind speed, Vult, is 130 mph (58 m/s) or 
greater. 
 In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or 
Hawaii. 
 
However, in the previous edition of the Building Code, Residential, 7
th
 edition, 2020, defined “windborne 
debris” as areas within hurricane-prone regions located in accordance with one of the following:
46
                 
 Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design wind 
speed, Vult, is 130 mph (58 m/s) or greater 
 In areas where the ultimate design wind speed, Vult, is 140 mph (63.6 m/s) or greater; or 
Hawaii. 
 
The ASCE 7-22 updated the definition of “windborne debris region” because the term “coastal mean 
high-water line” is not a defined term, and its interpretation has varied across jurisdictions in the 
hurricane-prone region due to confusion about the intent. The new criteria in ASCE 7-22 deletes the 
word “coastal” and adds language to require that an Exposure D condition exist upwind of the water 
line.
47
  
 
This trigger now applies to locations that are within a mile of any body of water (located in hurricane-
prone regions where the basic wind speed is equal to or greater than 130 mph and less than 140 mph) 
and an Exposure D condition exists upwind of the water line. For example, the impact of this change is 
                                                
42
 Engineering Express, ASCE 7 WIND EXPOSURE CATEGO RIES AND HOW EXPOSURE ‘D’ WORKS , 
https://www.engineeringexpress.com/wiki/asce-7-exposure-d-work/ (last visited Feb. 13, 2024). 
43
 S. R301.2.1.4.3, FBC, Residential (8th Ed. 2023). 
44
 S. R301.2.1.2, FBC, Residential (8th Ed. 2023). 
45
 S. R202, FBC, Residential (8th Ed. 2023). 
46
 S. R202, FBC, Residential (7th Ed. 2020). 
47
 FEMA, supra note 41.  STORAGE NAME: h0267c.COM 	PAGE: 10 
DATE: 2/14/2024 
  
illustrated in the figure below for Panama City where the basic wind speed ranges from 130 mph to 140 
mph. 
 
 
 
For the area on the left, buildings within 1 mile of the mean high-water line of the Gulf of Mexico where 
the basic wind speed is equal to or greater than 130 mph are within the windborne debris region. 
However, for the area on the right, the initial point to measure “1 mile from the coastal mean high-water 
line” was not clear under earlier definitions. In ASCE 7-22, this ambiguity has been removed and any 
building located within 1 mile of the mean high-water line of the bay that has exposure to a water 
surface that prevails for at least 5000 feet from the shoreline will be in the windborne debris region.
48
 
 
Additionally, the new definition may include homes near certain inland lakes in a wind zone of at least 
130 mph. 
 
Effect of the Bill – Building Permits 
 
Hurricane Building Requirements 
 
The bill requires the Commission to modify the Building Code to provide that sealed drawings by a 
design professional will not be required for the replacement of windows, doors, or garage doors in an 
existing building if the replacements are installed in accordance with the manufacturer’s instructions for 
the appropriate wind zone, meet the design pressure requirements of the Building Code, and a copy of 
the manufacturer’s instructions are submitted with the permit application in a printed or digital format. 
 
The bill provides that the definition of “windborne debris region” is the same as defined in the 7th edition 
of the Building Code, Residential, until the adoption of the 9th Building Code in 2026, which has a 
practical effect of replacing the new definition in the 8th edition with the previous version. 
 
Building Permit Application Review  
 
The bill removes a provision in Ch. 533, the Building Code, which requires single-family residential 
dwelling permits to be issued within 30 days unless the application does not conform to the Building 
Code or local laws or ordinances. However, the bill incorporates the time period to review single-family 
residential dwellings into the general section related to building permit applications.
49
 
 
                                                
48
 Id. 
49
 See, s. 553.792, F.S.  STORAGE NAME: h0267c.COM 	PAGE: 11 
DATE: 2/14/2024 
  
The bill reduces current timelines and revises procedures for applying for and obtaining a building 
permit. The new procedures set out below apply to the following building permit applications:  
 Accessory structure;  
 Alarm permit;  
 Nonresidential buildings less than 25,000 square feet;  
 Electric;  
 Irrigation;  
 Landscaping;  
 Mechanical;  
 Plumbing;  
 Residential units including a single-family residential unit or a single-family residential 
dwelling; 
 Multifamily residential not exceeding 50 units;  
 Roofing;  
 Signs;  
 Site-plan approvals and subdivision plats not requiring public hearings or public notice; and  
 Lot grading and site alteration associated with a permit application set forth above.  
 
Timelines to Approve or Deny a Completed and Sufficient Building Permit Application 
 
The bill reduces the time that a local government has to approve, approve with conditions, or deny a 
building permit application following receipt of a completed and sufficient application to the following 
timelines, unless the applicant waives such limitation in writing: 
 For an applicant using local government plans review to obtain a building permit: 
o Within 30 business days after receiving a complete and sufficient application (currently 
120 days, or 30 days for single-family residential dwellings). 
 For an applicant using a private provider to obtain a building permit: 
o Within 15 business days after receiving a complete and sufficient application (currently 
120 days, or 30 days for single-family residential dwellings). 
 For an applicant for a master plan permit: 
o Within 10 business days after receiving a complete and sufficient application (current 
timeframe is dependent on the local program, or 30 days for single-family 
residential dwellings). 
 For an applicant for a single-family residential dwelling applied for by a contractor licensed in 
this state on behalf of a property owner who participates in a Community Development Block 
Grant–Disaster Recovery program administered by the Department of Economic Opportunity: 
o Within 10 business days after receipt of the application, unless the permit application 
fails to satisfy the Building Code or the enforcing agency's laws or ordinances (currently 
15 days). 
 For an applicant for multifamily residential units: 
o Within 60 business days after receiving a complete and sufficient application. 
 
If the local government does not approve, approve with conditions, or deny the completed and sufficient 
application within the required timeframes, the application is deemed or determined to be approved.  
 
The bill requires a local government to maintain a policy on its website containing procedures and 
expectations for processing of any building permits and development orders required by law to be 
expedited. 
  STORAGE NAME: h0267c.COM 	PAGE: 12 
DATE: 2/14/2024 
  
Timelines to Determine a Complete and Sufficient Application  
 
The bill reduces the time that a local government has to provide timely written notice to the applicant 
about what information, if any, is needed before the application is deemed or determined to be: 
 Completed:  
o Local government has 5 business days to review an application and determine if it has 
been properly completed (from 10 days). 
 Sufficient:  
o Local government has 10 business days to review a completed application to determine 
whether more information is needed or whether the application is sufficient (from 45 
days). 
 
The bill reduces the amount of times that a local government may request additional information from 
the applicant when reviewing an application for sufficiency for a building permit, to two times, from 
three times.  
 
If the local government requests additional information for a second time, such request must be within 
10 business days of receiving additional information after the first request, and the local government 
must determine the sufficiency of the application within 10 business days of receiving the requested 
additional information.  
 
The bill allows a local government to offer to meet virtually, instead of only in person, with the 
applicant to attempt to resolve outstanding issues before a second request for additional information is 
made.  
 
If the applicant believes a request for additional information is not authorized by ordinance, rule, statute, 
or other legal authority, the bill requires the local government, at the applicant's written request, to 
approve the application, approve the application with conditions, or deny the application within 10 
business days after receipt of such. The local government must provide the applicant with sufficient 
reason for a denial. 
 
The bill provides exceptions for local governments who fail to meet deadlines if: 
 The parties involved agreed, in writing, to a reasonable extension of time. 
 The delay is caused by the applicant. 
 The delay is caused by a force majeure or other extraordinary circumstance. 
 
Use of Building Code Enforcement Fees  
 
The bill clarifies that local governments may use fees, and any related fines or investment earnings, 
they have collected for enforcing the Building Code to upgrade technology hardware and software 
systems used to enforce the Building Code. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 553.73, F.S., relating to the Florida Building Code. 
Section 2: Amends s. 553.79, F.S., relating to single-family residential permits. 
Section 3: Amends s. 553.792, F.S., relating to building permit application processes. 
Section 4: Amends s. 440.103, F.S., conforming a cross-reference. 
Section 5:  Amends s. 553.80, F.S.; relating to acceptable uses of local government Building Code 
enforcement fees. 
Section 6: Provides an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues:  STORAGE NAME: h0267c.COM 	PAGE: 13 
DATE: 2/14/2024 
  
For a similar bill in 2023, DBPR stated that surcharge collections pursuant to s. 553.791, F.S., and 
s. 468.631, F.S., could be impacted by the bill.
50
 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
For a similar bill in 2023, DBPR stated that this bill may reduce the amount of permit fees that could 
be collected by local governments in certain circumstances.
51
 
 
2. Expenditures: 
This bill may impact local governments because they may have to hire more employees to meet the 
prescribed timeframes. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
For a similar bill in 2023, DBPR stated that the bill may reduce the cost of permit fees paid by the 
private sector to local governments based on the local governments failure to meet time 
requirements.
52
 On the other hand, the local jurisdiction may raise permit fees so that they can hire 
employees to meet the time requirements in the bill.   
 
The streamlined permitting processes in the bill may expedite development across the state. 
 
D. FISCAL COMMENTS: 
None. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
1. Applicability of Municipality/County Mandates Provision: 
 
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditures of funds; reduce the authority that counties or municipalities have 
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill would require the Florida Building Commission to amend the Building Code to reflect some of 
the bill’s changes to building permit application processing requirements.
53
 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
                                                
50
 Department of Business & Professional Regulation, Agency Analysis of 2023 Senate Bill 682, p. 4 (February 14, 2023). 
51
 Id., at 5. 
52
 Id. 
53
 See rule impacted, r. 61G20-1.001, F.A.C.  STORAGE NAME: h0267c.COM 	PAGE: 14 
DATE: 2/14/2024 
  
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On December 12, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an 
amendment and reported the bill favorably as a committee substitute. The committee substitute: 
 Provides that vested rights in a preliminary plat are formed if an applicant commences developing the 
property based on an approval of such preliminary plat by a local government. 
 Requires an applicant for a residential building permit pursuant to a preliminary plat to indemnify and 
hold harmless the local government from damages directly related to the issuance of such building 
permit before the approval of the final plat. 
 Clarifies that timeframes in the updated permitting procedures are calculated using business days.  
 Clarifies that if a local government fails to timely notify an applicant of what is needed to determine a 
sufficient application, such application will be automatically determined to be sufficient.  
 Corrects a scrivener’s error. 
 
On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a 
strike-all amendment and reported the bill favorably as a committee substitute. The amendment: 
 Removes provisions of the bill relating to platting. 
 Requires the Commission to provide an exception in the Building Code relating to sealed drawings by a 
design professional. 
 Requires local governments to approve applications for multifamily projects within 60 business days. 
 Requires local governments to review completed applications for sufficiency within 10 business days. 
 Provides an exception for the fee reduction provision. 
 Changes the effective date of the bill to January 1, 2025. 
 
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs & 
Special Districts Subcommittee.