Florida Senate - 2024 SB 684 By Senator DiCeglie 18-00696-24 2024684__ 1 A bill to be entitled 2 An act relating to residential building permits; 3 creating s. 177.073, F.S.; defining terms; requiring 4 certain governing bodies, by a date certain, to create 5 a program to expedite the process for issuing 6 residential building permits before a final plat is 7 recorded; providing an exception; requiring a 8 governing body to create certain processes for 9 purposes of the program; authorizing applicants to use 10 a private provider for certain reviews; authorizing a 11 governing body to issue addresses and temporary parcel 12 identification numbers for specified purposes; 13 requiring a governing body to issue a certain number 14 or percentage of building permits requested in an 15 application when certain conditions are met; providing 16 certain conditions for applicants who apply to the 17 program; providing that an applicant has a vested 18 right in an approved preliminary plat when certain 19 conditions are met; requiring local building officials 20 to mail a signed, certified letter with specified 21 information to the Department of Business and 22 Professional Regulation after the governing body 23 creates the program; amending s. 553.79, F.S.; 24 removing provisions relating to acquiring building 25 permits for certain residential dwellings; amending s. 26 553.791, F.S.; requiring local jurisdictions to reduce 27 permit fees by a certain percentage under certain 28 circumstances; amending s. 553.792, F.S.; revising the 29 timeframes for approving or denying certain building 30 permits; requiring local governments to provide 31 written notice to an applicant under certain 32 circumstances; revising the number of times that a 33 local government may request additional information 34 from an applicant; providing the circumstances under 35 which a permit application is deemed complete and 36 sufficient; requiring local governments to offer 37 applicants the opportunity for an in-person or virtual 38 meeting before a second request for additional 39 information may be made; reducing permit fees by a 40 certain percentage if certain timeframes are not met; 41 authorizing both parties to extend certain timeframes 42 under certain circumstances; specifying that the 43 permit requirements apply to single-family residential 44 units and single-family residential dwellings; 45 providing that building permits for a single-family 46 residential dwelling are valid indefinitely, subject 47 to compliance with the Florida Building Code and local 48 ordinances; requiring that local governments follow 49 the prescribed timeframes unless a local ordinance is 50 more stringent; requiring local governments, upon 51 request, to issue a certain percentage of building 52 permits if certain conditions are met; prohibiting 53 transfers of ownership until certain conditions are 54 met; conforming provisions to changes made by the act; 55 amending s. 440.103, F.S.; conforming a cross 56 reference; providing an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1.Section 177.073, Florida Statutes, is created to 61 read: 62 177.073Expedited approval of residential building permits 63 before a final plat is recorded. 64 (1)As used in this section, the term: 65 (a)Final plat means the final tracing, map, or site plan 66 presented by the subdivider to a governing body for final 67 approval and, upon approval by the appropriate governing body, 68 submitted to the clerk of the circuit court for recording. 69 (b)Local building official has the same meaning as in s. 70 553.791. 71 (c)Plans means any building plans, construction plans, 72 engineering plans, or site plans, or their functional 73 equivalent, submitted by an applicant for a building permit. 74 (d)Preliminary plat means a map or delineated 75 representation of the subdivision of lands which is a complete 76 and exact representation of the residential subdivision and 77 contains any additional information needed to be in compliance 78 with the requirements of this chapter. 79 (2)(a)By August 15, 2024, a governing body that has 30,000 80 residents or more shall create a program to expedite the process 81 for issuing building permits for residential subdivisions in 82 accordance with the Florida Building Code and this section 83 before a final plat is recorded with the clerk of the circuit 84 court. 85 (b)A governing body that has a program in place before 86 July 1, 2024, to expedite the building permit process, need only 87 update its program to approve an applicants request to issue up 88 to 50 percent of the building permits for the residential 89 subdivision in order to comply with this section. 90 (3)A governing body shall create all of the following: 91 (a)A two-step application process that includes the 92 adoption of a preliminary plat and a final plat in order to 93 expedite the issuance of building permits under this section. 94 The governing body shall maximize its administrative processes 95 to expedite the review and approval of applications, plats, and 96 plans submitted under this section. 97 (b)A master building permit application process consistent 98 with s. 553.794(3) for applicants seeking multiple building 99 permits for planned residential subdivisions. 100 (4)An applicant may use a private provider consistent with 101 s. 553.791 to review a preliminary plat and building permit for 102 each residential building or structure. 103 (5)A governing body may work with appropriate local 104 governmental agencies to issue an address and a temporary parcel 105 identification number for lot lines and lot sizes based on the 106 metes and bounds of the plat contained in the application. 107 (6)If an applicant requests a certain number or percentage 108 of building permits in his or her application, the governing 109 body must issue the number or percentage requested in accordance 110 with the Florida Building Code, provided the residential 111 buildings or structures are unoccupied and all of the following 112 conditions are met: 113 (a)The governing body has approved a preliminary plat for 114 each residential building or structure. 115 (b)The applicant provides proof to the governing body that 116 the applicant has given a copy of the approved preliminary plat, 117 along with the approved plans, to the relevant electric, water, 118 and wastewater utilities. 119 (c)The applicant holds a valid performance bond for up to 120 120 percent of the necessary utilities, roads, and stormwater 121 improvements that have not been completed upon submission of the 122 application under this section. 123 (7)(a)An applicant may contract to sell, but may not 124 transfer ownership of, a residential structure or building 125 located in the residential subdivision until the final plat is 126 approved by the governing body and recorded in the public 127 records by the clerk of the circuit court. 128 (b)An applicant may not obtain a final certificate of 129 occupancy with respect to each residential structure or building 130 for which a building permit is issued until the final plat is 131 approved by the governing body and recorded in the public 132 records by the clerk of the circuit court. 133 (c)An applicant must indemnify and hold harmless the 134 governing body and its agents and employees from damages, 135 including damages resulting from fire, flood, construction 136 defects, and bodily injury, accruing and directly related to the 137 issuance of a building permit for a residential building or 138 structure located in the residential subdivision before the 139 approval and recording of the final plat by the governing body. 140 (8)For purposes of this section, an applicant has a vested 141 right in a preliminary plat that has been approved by a 142 governing body if all of the following conditions are met: 143 (a)The applicant relies in good faith on the approved 144 preliminary plat. 145 (b)The applicant substantially changes his or her 146 position, including making improvements pursuant to s. 147 177.031(9), or incurs other obligations and expenses. 148 (c)Any change by the governing body would constitute an 149 inequitable interference in the approved preliminary plat. 150 (9)After a governing body creates the program required 151 under this section, the local building official shall send to 152 the Department of Business and Professional Regulation by 153 certified mail, return receipt requested, a signed, certified 154 letter indicating that the program has been established. The 155 letter must contain a brief explanation of the program, 156 including how the program expedites the process of issuing 157 building permits for residential subdivisions before the final 158 plat is recorded. 159 Section 2.Subsection (16) of section 553.79, Florida 160 Statutes, is amended to read: 161 553.79Permits; applications; issuance; inspections. 162 (16)Except as provided in paragraph (e), a building permit 163 for a single-family residential dwelling must be issued within 164 30 business days after receiving the permit application unless 165 the permit application fails to satisfy the Florida Building 166 Code or the enforcing agencys laws or ordinances. 167 (a)If a local enforcement agency fails to issue a building 168 permit for a single-family residential dwelling within 30 169 business days after receiving the permit application, it must 170 reduce the building permit fee by 10 percent for each business 171 day that it fails to meet the deadline. Each 10-percent 172 reduction shall be based on the original amount of the building 173 permit fee. 174 (b)A local enforcement agency does not have to reduce the 175 building permit fee if it provides written notice to the 176 applicant, by e-mail or United States Postal Service, within 30 177 business days after receiving the permit application, that 178 specifically states the reasons the permit application fails to 179 satisfy the Florida Building Code or the enforcing agencys laws 180 or ordinances. The written notice must also state that the 181 applicant has 10 business days after receiving the written 182 notice to submit revisions to correct the permit application and 183 that failure to correct the application within 10 business days 184 will result in a denial of the application. 185 (c)The applicant has 10 business days after receiving the 186 written notice to address the reasons specified by the local 187 enforcement agency and submit revisions to correct the permit 188 application. If the applicant submits revisions within 10 189 business days after receiving the written notice, the local 190 enforcement agency has 10 business days after receiving such 191 revisions to approve or deny the building permit unless the 192 applicant agrees to a longer period in writing. If the local 193 enforcement agency fails to issue or deny the building permit 194 within 10 business days after receiving the revisions, it must 195 reduce the building permit fee by 20 percent for the first 196 business day that it fails to meet the deadline unless the 197 applicant agrees to a longer period in writing. For each 198 additional business day, but not to exceed 5 business days, that 199 the local enforcement agency fails to meet the deadline, the 200 building permit fee must be reduced by an additional 10 percent. 201 Each reduction shall be based on the original amount of the 202 building permit fee. 203 (d)If any building permit fees are refunded under this 204 subsection, the surcharges provided in s. 468.631 or s. 553.721 205 must be recalculated based on the amount of the building permit 206 fees after the refund. 207 (e)A building permit for a single-family residential 208 dwelling applied for by a contractor licensed in this state on 209 behalf of a property owner who participates in a Community 210 Development Block GrantDisaster Recovery program administered 211 by the Department of Economic Opportunity must be issued within 212 15 working days after receipt of the application unless the 213 permit application fails to satisfy the Florida Building Code or 214 the enforcing agencys laws or ordinances. 215 Section 3.Paragraph (b) of subsection (2) of section 216 553.791, Florida Statutes, is amended to read: 217 553.791Alternative plans review and inspection. 218 (2) 219 (b)If an owner or a contractor retains a private provider 220 for purposes of plans review or building inspection services, 221 the local jurisdiction must reduce the permit fee by 75 percent 222 the amount of cost savings realized by the local enforcement 223 agency for not having to perform such services. Such reduction 224 may be calculated on a flat fee or percentage basis, or any 225 other reasonable means by which a local enforcement agency 226 assesses the cost for its plans review or inspection services. 227 The local jurisdiction may not charge fees for building 228 inspections if the fee owner or contractor hires a private 229 provider to perform such services; however, the local 230 jurisdiction may charge a reasonable administrative fee, which 231 must shall be based on the cost that is actually incurred, 232 including the labor cost of the personnel providing the service, 233 by the local jurisdiction or attributable to the local 234 jurisdiction for the clerical and supervisory assistance 235 required, or both. 236 Section 4.Subsections (1) and (2) of section 553.792, 237 Florida Statutes, are amended, and subsection (4) is added to 238 that section, to read: 239 553.792Building permit application to local government. 240 (1)(a)After Within 10 days of an applicant submits 241 submitting an application to the local government, the local 242 government shall provide written notice to the applicant within 243 3 calendar days after receipt of the application advising shall 244 advise the applicant of any what information, if any, is needed 245 to deem the application properly completed in compliance with 246 the filing requirements published by the local government. If 247 the local government does not provide timely written notice that 248 the applicant has not submitted a the properly completed 249 application, the application is shall be automatically deemed 250 properly completed and sufficient accepted. 251 (b)Within 9 calendar 45 days after receiving a completed 252 application, a local government must provide written notice to 253 notify an applicant if additional information is required for 254 the local government to determine the sufficiency of the 255 application, which notice must and shall specify the additional 256 information that is required. The applicant may must submit the 257 additional information to the local government or request that 258 the local government act without the additional information. 259 While the applicant responds to the request for additional 260 information, the 120-day period described in this subsection is 261 tolled. Both parties may agree to a reasonable request for an 262 extension of time, particularly in the event of a force majeure 263 or other extraordinary circumstance. The local government must 264 approve, approve with conditions, or deny the application within 265 120 days following receipt of a completed application. 266 (c)A local government shall maintain on its website a 267 policy containing procedures and expectations for expedited 268 processing of those building permits and development orders 269 required by law to be expedited. 270 (d)1.(b)1.When reviewing an application for a building 271 permit, a local government may not request additional 272 information from the applicant more than two three times, unless 273 the applicant waives such limitation in writing. 274 2.If a local government requests additional information 275 from an applicant and the applicant submits the requested 276 additional information to the local government within 30 days 277 after receiving the request, the local government must, within 9 278 calendar 15 days after receiving such information: 279 a.Determine if the application is properly completed; 280 b.Approve the application; 281 c.Approve the application with conditions; 282 d.Deny the application; or 283 d.e.Advise the applicant in writing of any information, if 284 any, that is needed to deem the application properly completed 285 or to determine the sufficiency of the application. 286 3.If a local government makes a second request for 287 additional information from the applicant and the applicant 288 submits the requested additional information to the local 289 government within 30 days after receiving the request, the local 290 government must, within 10 days after receiving such 291 information: 292 a.Determine if the application is properly completed; 293 b.Approve the application; 294 c.Approve the application with conditions; 295 d.Deny the application; or 296 e.Advise the applicant of information, if any, that is 297 needed to deem the application properly completed or to 298 determine the sufficiency of the application. 299 3.4.Before a second third request for additional 300 information may be made, the local government must offer the 301 applicant must be offered an opportunity to meet in person or 302 virtually with the local government to attempt to resolve 303 outstanding issues. Such meeting must occur within 5 calendar 304 days after the applicant notifies the local government in 305 writing that he or she wants an in-person or virtual meeting, 306 unless the applicant agrees in writing to a later date. 307 4.If a local government makes a second third request for 308 additional information from the applicant and the applicant 309 submits the requested additional information to the local 310 government within 30 days after receiving the request, unless 311 the applicant waives the required timeframe in writing, the 312 local government must, within 9 calendar 10 days after receiving 313 such information unless the applicant waived the local 314 governments limitation in writing, determine that the 315 application is complete and: 316 a.Approve the application; 317 b.Approve the application with conditions; or 318 c.Deny the application and provide the applicant with 319 sufficient reason for such denial. 320 5.If the applicant believes the request for additional 321 information is not authorized by ordinance, rule, statute, or 322 other legal authority, the local government, at the applicants 323 written request, must process the application within 9 calendar 324 days after receipt of the request and either approve the 325 application, approve the application with conditions, or deny 326 the application and provide the applicant with sufficient reason 327 for such denial. 328 6.If a local government does not timely notify the 329 applicant that the application is approved, approved with 330 conditions, or denied, the application is deemed approved. 331 (e)The following timeframes apply for single-family or 332 two-family dwellings or townhomes located within a master plan 333 community for which the permit for the master plan community has 334 already been approved under s. 553.794: 335 1.After an applicant submits an application to the local 336 government, the local government must provide written notice to 337 the applicant within 1 calendar day after receipt of the 338 application advising the applicant of any information that is 339 needed to deem the application properly completed in compliance 340 with the filing requirements published by the local government. 341 If the local government does not provide timely written notice 342 that the applicant has not submitted a properly completed 343 application, the application is automatically deemed properly 344 completed and sufficient. 345 2.Within 5 calendar days after receiving a completed 346 application, a local government must provide written notice to 347 an applicant if additional information is required for the local 348 government to determine the sufficiency of the application, 349 which notice must specify the additional information that is 350 required. The applicant may submit the additional information to 351 the local government or request that the local government act 352 without the additional information. 353 3.When reviewing an application under this paragraph, a 354 local government may not request additional information from the 355 applicant more than once, unless the applicant waives such 356 limitation in writing. 357 4.If a local government requests additional information 358 from the applicant and the applicant submits the requested 359 additional information to the local government, the local 360 government must, within 5 calendar days after receiving such 361 information, unless the applicant waived the local governments 362 time limitation in writing, determine that the application is 363 complete and: 364 a.Approve the application; 365 b.Approve the application with conditions; or 366 c.Deny the application and provide the applicant with 367 sufficient reason for such denial. 368 5.If a local government does not timely notify the 369 applicant that the application is approved, approved with 370 conditions, or denied, the application is deemed approved. 371 6.If an owner or a contractor retains a private provider 372 for purposes of plans review, the timeframes in subparagraphs 373 2., 4., and 5. are reduced to 3 calendar days. 374 (f)A building permit for a single-family residential 375 dwelling applied for by a contractor licensed in this state on 376 behalf of a property owner who participates in a Community 377 Development Block GrantDisaster Recovery program administered 378 by the Department of Commerce must be issued within 9 calendar 379 days after receipt of the application unless the permit 380 application fails to satisfy the Florida Building Code or the 381 enforcing agencys laws or ordinances. 382 (g)(c)If a local government fails to meet a deadline 383 specified under this subsection provided in paragraphs (a) and 384 (b), it must reduce the building permit fee by 10 percent for 385 each calendar business day that it fails to meet the deadline, 386 unless the parties agree in writing to a reasonable extension of 387 time. Each 10-percent reduction must shall be based on the 388 original amount of the building permit fee, unless the parties 389 agree to an extension of time. 390 (h)A building permit issued for a single-family 391 residential dwelling is valid indefinitely but must comply with 392 any changes to the Florida Building Code or a local governments 393 rules or ordinances which are made after the issuance of the 394 building permit. 395 (2)(a)The procedures set forth in subsection (1) apply to 396 the following building permit applications: accessory structure; 397 alarm permit; nonresidential buildings less than 25,000 square 398 feet; electric; irrigation permit; landscaping; mechanical; 399 plumbing; residential units, including a single-family 400 residential other than a single family unit or a single-family 401 residential dwelling; multifamily residential not exceeding 50 402 units; roofing; signs; site-plan approvals and subdivision plats 403 not requiring public hearings or public notice; and lot grading 404 and site alteration associated with the permit application set 405 forth in this subsection. The procedures set forth in subsection 406 (1) do not apply to permits for any wireless communications 407 facilities or when a law, agency rule, or local ordinance 408 specify different timeframes for review of local building permit 409 applications. 410 (b)If A local government must meet has different 411 timeframes than the timeframes specified set forth in subsection 412 (1) for reviewing building permit applications described in 413 paragraph (a) unless the timeframes established, the local 414 government must meet the deadlines established by local 415 ordinance are more stringent than those prescribed in subsection 416 (1). If a local government does not meet an established deadline 417 to approve, approve with conditions, or deny an application, it 418 must reduce the building permit fee by 10 percent for each 419 business day that it fails to meet the deadline. Each 10-percent 420 reduction shall be based on the original amount of the building 421 permit fee, unless the parties agree to an extension of time. 422 This paragraph does not apply to permits for any wireless 423 communications facilities. 424 (4)(a)Upon request by an applicant, the local government 425 shall issue no less than 50 percent of the permits for the 426 dwellings to be built, but not occupied, in the applicants 427 residential community, so long as the developer or owner meets 428 the requirements of s. 177.073(6). The permit application must 429 also meet the requirements of the Florida Building Code. 430 (b)An applicant may contract to sell, but may not transfer 431 ownership of, a residential structure or building located in the 432 residential subdivision until the final plat is approved by the 433 governing body and recorded in the public records by the clerk 434 of the circuit court. 435 Section 5.Section 440.103, Florida Statutes, is amended to 436 read: 437 440.103Building permits; identification of minimum premium 438 policy.Every employer shall, as a condition to applying for and 439 receiving a building permit, show proof and certify to the 440 permit issuer that it has secured compensation for its employees 441 under this chapter as provided in ss. 440.10 and 440.38. Such 442 proof of compensation must be evidenced by a certificate of 443 coverage issued by the carrier, a valid exemption certificate 444 approved by the department, or a copy of the employers 445 authority to self-insure and shall be presented, electronically 446 or physically, each time the employer applies for a building 447 permit. As provided in s. 553.79(23) s. 553.79(24), for the 448 purpose of inspection and record retention, site plans or 449 building permits may be maintained at the worksite in the 450 original form or in the form of an electronic copy. These plans 451 and permits must be open to inspection by the building official 452 or a duly authorized representative, as required by the Florida 453 Building Code. As provided in s. 627.413(5), each certificate of 454 coverage must show, on its face, whether or not coverage is 455 secured under the minimum premium provisions of rules adopted by 456 rating organizations licensed pursuant to s. 627.221. The words 457 minimum premium policy or equivalent language shall be typed, 458 printed, stamped, or legibly handwritten. 459 Section 6.This act shall take effect July 1, 2024.