Florida Senate - 2024 CS for CS for SB 684 By the Committees on Fiscal Policy; and Community Affairs; and Senator DiCeglie 594-03666-24 2024684c2 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. 553.73, F.S.; 24 requiring the Florida Building Commission to modify a 25 specific provision of the Florida Building Code to 26 state that sealed drawings by a design professional 27 are not required for replacement and installation of 28 certain construction; requiring replacement windows, 29 doors, and garage doors to be installed in accordance 30 with the manufacturers instructions for appropriate 31 wind zones and to meet certain design pressures of the 32 Florida Building Code; requiring the manufacturers 33 instructions to be submitted with the permit 34 application for such replacements; defining the term 35 windborne debris region; providing construction; 36 amending s. 553.79, F.S.; removing provisions relating 37 to acquiring building permits for certain residential 38 dwellings; amending s. 553.791, F.S.; defining the 39 term private provider firm; requiring a fee owner or 40 the fee owners contractor to annually provide the 41 local building official with specified information and 42 a specified acknowledgment; requiring the local 43 building official to issue a permit or provide written 44 notice to the applicant with certain information if 45 the private provider is a licensed engineer or 46 architect who affixes his or her professional seal to 47 the affidavit; providing that the permit application 48 is deemed approved, and must be issued on the next 49 business day, if the local building official does not 50 meet the prescribed deadline; prohibiting a local 51 building code enforcement agency from auditing the 52 performance of building code inspection services by 53 private providers until the agency has created a 54 manual for standard operating audit procedures for the 55 agencys internal inspection and review staff; 56 providing requirements for the manual; requiring that 57 the manual be made publicly available; requiring the 58 agency to make publicly available its audits for the 59 two prior fiscal quarters; revising the number of 60 times a private provider may be audited within a 61 specified timeframe; requiring the agency to notify, 62 in writing, the private provider or private provider 63 firm of any additional audits; conforming provisions 64 to changes made by the act; making technical changes; 65 amending s. 553.792, F.S.; revising the timeframes for 66 approving, approving with conditions, or denying 67 certain building permits; prohibiting the local 68 government from requiring a waiver of such timeframes 69 as a condition precedent to reviewing an applicants 70 building permit application; requiring the local 71 government to follow the prescribed timeframes unless 72 those set by local ordinance are more stringent; 73 requiring a local government to provide written notice 74 to an applicant under certain circumstances; requiring 75 a local government to reduce permit fees by a certain 76 percentage if certain deadlines are not met; providing 77 exceptions; specifying requirements for the written 78 notice to the permit applicant; specifying a timeframe 79 for the applicant to correct the application; 80 specifying a timeframe for the local government and 81 local enforcement agency to approve or deny certain 82 building permits following revision; requiring a 83 reduction in the building permit fee if the approval 84 deadline is not met; providing an exception; amending 85 s. 553.80, F.S.; authorizing local governments to use 86 certain fees for certain technology upgrades; making 87 technical changes; amending s. 440.103, F.S.; 88 conforming a cross-reference; providing an effective 89 date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93 Section 1.Section 177.073, Florida Statutes, is created to 94 read: 95 177.073Expedited approval of residential building permits 96 before a final plat is recorded. 97 (1)As used in this section, the term: 98 (a)Final plat means the final tracing, map, or site plan 99 presented by the subdivider to a governing body for final 100 approval and, upon approval by the appropriate governing body, 101 submitted to the clerk of the circuit court for recording. 102 (b)Local building official has the same meaning as in s. 103 553.791. 104 (c)Plans means any building plans, construction plans, 105 engineering plans, or site plans, or their functional 106 equivalent, submitted by an applicant for a building permit. 107 (d)Preliminary plat means a map or delineated 108 representation of the subdivision of lands which is a complete 109 and exact representation of the residential subdivision and 110 contains any additional information needed to be in compliance 111 with the requirements of this chapter. 112 (2)(a)By August 15, 2024, a governing body that has 30,000 113 residents or more shall create a program to expedite the process 114 for issuing building permits for residential subdivisions in 115 accordance with the Florida Building Code and this section 116 before a final plat is recorded with the clerk of the circuit 117 court. 118 (b)A governing body that has a program in place before 119 July 1, 2024, to expedite the building permit process, need only 120 update its program to approve an applicants request to issue up 121 to 50 percent of the building permits for the residential 122 subdivision in order to comply with this section. 123 (3)A governing body shall create all of the following: 124 (a)A two-step application process that includes the 125 adoption of a preliminary plat and a final plat in order to 126 expedite the issuance of building permits under this section. 127 The governing body shall maximize its administrative processes 128 to expedite the review and approval of applications, plats, and 129 plans submitted under this section. 130 (b)A master building permit application process consistent 131 with s. 553.794(3) for applicants seeking multiple building 132 permits for planned residential subdivisions. 133 (4)An applicant may use a private provider consistent with 134 s. 553.791 to review a preliminary plat and building permit for 135 each residential building or structure. 136 (5)A governing body may work with appropriate local 137 governmental agencies to issue an address and a temporary parcel 138 identification number for lot lines and lot sizes based on the 139 metes and bounds of the plat contained in the application. 140 (6)If an applicant requests a certain number or percentage 141 of building permits in his or her application, the governing 142 body must issue the number or percentage requested in accordance 143 with the Florida Building Code, provided the residential 144 buildings or structures are unoccupied and all of the following 145 conditions are met: 146 (a)The governing body has approved a preliminary plat for 147 each residential building or structure. 148 (b)The applicant provides proof to the governing body that 149 the applicant has given a copy of the approved preliminary plat, 150 along with the approved plans, to the relevant electric, water, 151 and wastewater utilities. 152 (c)The applicant holds a valid performance bond for up to 153 120 percent of the necessary utilities, roads, and stormwater 154 improvements that have not been completed upon submission of the 155 application under this section. 156 (7)(a)An applicant may contract to sell, but may not 157 transfer ownership of, a residential structure or building 158 located in the residential subdivision until the final plat is 159 approved by the governing body and recorded in the public 160 records by the clerk of the circuit court. 161 (b)An applicant may not obtain a final certificate of 162 occupancy with respect to each residential structure or building 163 for which a building permit is issued until the final plat is 164 approved by the governing body and recorded in the public 165 records by the clerk of the circuit court. 166 (c)An applicant must indemnify and hold harmless the 167 governing body and its agents and employees from damages, 168 including damages resulting from fire, flood, construction 169 defects, and bodily injury, accruing and directly related to the 170 issuance of a building permit for a residential building or 171 structure located in the residential subdivision before the 172 approval and recording of the final plat by the governing body. 173 (8)For purposes of this section, an applicant has a vested 174 right in a preliminary plat that has been approved by a 175 governing body if all of the following conditions are met: 176 (a)The applicant relies in good faith on the approved 177 preliminary plat. 178 (b)The applicant substantially changes his or her 179 position, including making improvements pursuant to s. 180 177.031(9), or incurs other obligations and expenses. 181 (c)Any change by the governing body would constitute an 182 inequitable interference in the approved preliminary plat. 183 (9)After a governing body creates the program required 184 under this section, the local building official shall send to 185 the Department of Business and Professional Regulation by 186 certified mail, return receipt requested, a signed, certified 187 letter indicating that the program has been established. The 188 letter must contain a brief explanation of the program, 189 including how the program expedites the process of issuing 190 building permits for residential subdivisions before the final 191 plat is recorded. 192 Section 2.Paragraphs (g) and (h) are added to subsection 193 (7) of section 553.73, Florida Statutes, to read: 194 553.73Florida Building Code. 195 (7) 196 (g)The Florida Building Commission shall modify section 197 505 of the Florida Building Code, 8th edition (2023) Existing 198 Building, to state that sealed drawings by a design professional 199 may not be required for the replacement of windows, doors, or 200 garage doors. Replacement windows, doors, and garage doors must 201 be installed in accordance with the manufacturers instructions 202 for the appropriate wind zone and must meet the design pressure 203 and the current Florida Building Code. The manufacturers 204 instructions must be submitted with the permit application for 205 replacement windows, doors, and garage doors. The manufacturers 206 installation instructions may be printed or in digital format. 207 (h)As used in this section, the term windborne debris 208 region has the same meaning as in the Florida Building Code, 209 7th edition, Residential, until the adoption of the 9th edition 210 of the Florida Building Code. This paragraph may not be 211 construed to prohibit a homeowner or contractor from voluntarily 212 complying with the definition of the term windborne debris 213 region originally established in the 8th edition, until the 214 adoption of the 9th edition. 215 Section 3.Subsection (16) of section 553.79, Florida 216 Statutes, is amended to read: 217 553.79Permits; applications; issuance; inspections. 218 (16)Except as provided in paragraph (e), a building permit 219 for a single-family residential dwelling must be issued within 220 30 business days after receiving the permit application unless 221 the permit application fails to satisfy the Florida Building 222 Code or the enforcing agencys laws or ordinances. 223 (a)If a local enforcement agency fails to issue a building 224 permit for a single-family residential dwelling within 30 225 business days after receiving the permit application, it must 226 reduce the building permit fee by 10 percent for each business 227 day that it fails to meet the deadline. Each 10-percent 228 reduction shall be based on the original amount of the building 229 permit fee. 230 (b)A local enforcement agency does not have to reduce the 231 building permit fee if it provides written notice to the 232 applicant, by e-mail or United States Postal Service, within 30 233 business days after receiving the permit application, that 234 specifically states the reasons the permit application fails to 235 satisfy the Florida Building Code or the enforcing agencys laws 236 or ordinances. The written notice must also state that the 237 applicant has 10 business days after receiving the written 238 notice to submit revisions to correct the permit application and 239 that failure to correct the application within 10 business days 240 will result in a denial of the application. 241 (c)The applicant has 10 business days after receiving the 242 written notice to address the reasons specified by the local 243 enforcement agency and submit revisions to correct the permit 244 application. If the applicant submits revisions within 10 245 business days after receiving the written notice, the local 246 enforcement agency has 10 business days after receiving such 247 revisions to approve or deny the building permit unless the 248 applicant agrees to a longer period in writing. If the local 249 enforcement agency fails to issue or deny the building permit 250 within 10 business days after receiving the revisions, it must 251 reduce the building permit fee by 20 percent for the first 252 business day that it fails to meet the deadline unless the 253 applicant agrees to a longer period in writing. For each 254 additional business day, but not to exceed 5 business days, that 255 the local enforcement agency fails to meet the deadline, the 256 building permit fee must be reduced by an additional 10 percent. 257 Each reduction shall be based on the original amount of the 258 building permit fee. 259 (d)If any building permit fees are refunded under this 260 subsection, the surcharges provided in s. 468.631 or s. 553.721 261 must be recalculated based on the amount of the building permit 262 fees after the refund. 263 (e)A building permit for a single-family residential 264 dwelling applied for by a contractor licensed in this state on 265 behalf of a property owner who participates in a Community 266 Development Block GrantDisaster Recovery program administered 267 by the Department of Economic Opportunity must be issued within 268 15 working days after receipt of the application unless the 269 permit application fails to satisfy the Florida Building Code or 270 the enforcing agencys laws or ordinances. 271 Section 4.Present paragraphs (o) through (r) of subsection 272 (1) and present subsections (10) through (21) of section 273 553.791, Florida Statutes, are redesignated as paragraphs (p) 274 through (s) and subsections (11) through (22), respectively, a 275 new paragraph (o) is added to subsection (1) and a new 276 subsection (10) is added to that section, and present paragraph 277 (o) of subsection (1), paragraph (c) of subsection (4), 278 subsection (5), paragraphs (b) and (d) of subsection (7), 279 paragraph (b) of present subsection (13), paragraph (b) of 280 present subsection (16), and present subsection (19) of that 281 section are amended, to read: 282 553.791Alternative plans review and inspection. 283 (1)As used in this section, the term: 284 (o)Private provider firm means a business organization, 285 including a corporation, partnership, business trust, or other 286 legal entity, which offers services under this chapter to the 287 public through licensees who are acting as agents, employees, 288 officers, or partners of the firm. A person who is licensed as a 289 building code administrator under part XII of chapter 468, as an 290 engineer under chapter 471, or as an architect under chapter 481 291 may act as a private provider for an agent, employee, or officer 292 of the private provider firm. 293 (p)(o)Request for certificate of occupancy or certificate 294 of completion means a properly completed and executed 295 application for: 296 1.A certificate of occupancy or certificate of completion. 297 2.A certificate of compliance from the private provider 298 required under subsection (13) (12). 299 3.Any applicable fees. 300 4.Any documents required by the local building official to 301 determine that the fee owner has secured all other government 302 approvals required by law. 303 (4)A fee owner or the fee owners contractor using a 304 private provider to provide building code inspection services 305 shall notify the local building official in writing at the time 306 of permit application, or by 2 p.m. local time, 2 business days 307 before the first scheduled inspection by the local building 308 official or building code enforcement agency that a private 309 provider has been contracted to perform the required inspections 310 of construction under this section, including single-trade 311 inspections, on a form to be adopted by the commission. This 312 notice shall include the following information: 313 (c)An acknowledgment from the fee owner or the fee owners 314 contractor in substantially the following form: 315 316 I have elected to use one or more private providers to 317 provide building code plans review and/or inspection 318 services on the building or structure that is the 319 subject of the enclosed permit application, as 320 authorized by s. 553.791, Florida Statutes. I 321 understand that the local building official may not 322 review the plans submitted or perform the required 323 building inspections to determine compliance with the 324 applicable codes, except to the extent specified in 325 said law. Instead, plans review and/or required 326 building inspections will be performed by licensed or 327 certified personnel identified in the application. The 328 law requires minimum insurance requirements for such 329 personnel, but I understand that I may require more 330 insurance to protect my interests. By executing this 331 form, I acknowledge that I have made inquiry regarding 332 the competence of the licensed or certified personnel 333 and the level of their insurance and am satisfied that 334 my interests are adequately protected. I agree to 335 indemnify, defend, and hold harmless the local 336 government, the local building official, and their 337 building code enforcement personnel from any and all 338 claims arising from my use of these licensed or 339 certified personnel to perform building code 340 inspection services with respect to the building or 341 structure that is the subject of the enclosed permit 342 application. 343 344 If the fee owner or the fee owners contractor makes any changes 345 to the listed private providers or the services to be provided 346 by those private providers, the fee owner or the fee owners 347 contractor shall, within 1 business day after any change or 348 within 2 business days before the next scheduled inspection, 349 update the notice to reflect such changes. A change of a duly 350 authorized representative named in the permit application does 351 not require a revision of the permit, and the building code 352 enforcement agency shall not charge a fee for making the change. 353 354 (5)After construction has commenced and if the local 355 building official is unable to provide inspection services in a 356 timely manner, the fee owner or the fee owners contractor may 357 elect to use a private provider to provide inspection services 358 by notifying the local building official of the owners or 359 contractors intention to do so by 2 p.m. local time, 2 business 360 days before the next scheduled inspection using the notice 361 provided for in paragraphs (4)(a)-(c). 362 (7) 363 (b)If the local building official provides a written 364 notice of plan deficiencies to the permit applicant within the 365 prescribed 20-day period, the 20-day period shall be tolled 366 pending resolution of the matter. To resolve the plan 367 deficiencies, the permit applicant may elect to dispute the 368 deficiencies pursuant to subsection (15) (14) or to submit 369 revisions to correct the deficiencies. 370 (d)If the local building official provides a second 371 written notice of plan deficiencies to the permit applicant 372 within the prescribed time period, the permit applicant may 373 elect to dispute the deficiencies pursuant to subsection (15) 374 (14) or to submit additional revisions to correct the 375 deficiencies. For all revisions submitted after the first 376 revision, the local building official has an additional 5 377 business days from the date of resubmittal to issue the 378 requested permit or to provide a written notice to the permit 379 applicant stating which of the previously identified plan 380 features remain in noncompliance with the applicable codes, with 381 specific reference to the relevant code chapters and sections. 382 (10)When the private provider is a person licensed as an 383 engineer under chapter 471 or as an architect under chapter 481 384 and affixes his or her professional seal to the affidavit 385 required under subsection (6), the local building official must 386 issue the requested permit or provide a written notice to the 387 permit applicant identifying the specific plan features that do 388 not comply with the applicable codes, as well as the specific 389 code chapters and sections, within 12 business days after 390 receipt of the permit application and affidavit. In such written 391 notice, the local building official shall provide with 392 specificity the plans deficiencies, the reasons the permit 393 application failed, and the applicable codes being violated. If 394 the local building official does not provide specific written 395 notice to the permit applicant within the prescribed 12-day 396 period, the permit application is deemed approved as a matter of 397 law, and the permit must be issued by the local building 398 official on the next business day. 399 (14)(13) 400 (b)If the local building official does not provide notice 401 of the deficiencies within the applicable time periods under 402 paragraph (a), the request for a certificate of occupancy or 403 certificate of completion is automatically granted and deemed 404 issued as of the next business day. The local building official 405 must provide the applicant with the written certificate of 406 occupancy or certificate of completion within 10 days after it 407 is automatically granted and issued. To resolve any identified 408 deficiencies, the applicant may elect to dispute the 409 deficiencies pursuant to subsection (15) (14) or to submit a 410 corrected request for a certificate of occupancy or certificate 411 of completion. 412 (17)(16) 413 (b)A local enforcement agency, local building official, or 414 local government may establish, for private provider firms, 415 private providers, and duly authorized representatives working 416 within that jurisdiction, a system of registration to verify 417 compliance with the licensure requirements of paragraph (1)(n) 418 and the insurance requirements of subsection (18) (17). 419 (20)(19)A Each local building code enforcement agency may 420 not audit the performance of building code inspection services 421 by private providers operating within the local jurisdiction 422 until the agency has created a manual for standard operating 423 audit procedures for the agencys internal inspection and review 424 staff which includes, at a minimum, the audit purpose and scope, 425 audit criteria, an explanation of audit processes and 426 objectives, and detailed findings of areas of noncompliance. The 427 manual must be publicly available online or the printed manual 428 must be readily accessible in building department offices, and 429 the audit results of the staff for the prior two quarters must 430 be publicly available. The agencys private provider audit 431 processes must adhere to the agencys posted standard operating 432 audit procedures. However, The same private provider may not be 433 audited more than four times in a year month unless the local 434 building official determines a condition of a building 435 constitutes an immediate threat to public safety and welfare, 436 which must be communicated in writing to the private provider or 437 private provider firm. Work on a building or structure may 438 proceed after inspection and approval by a private provider. if 439 the provider has given notice of the inspection pursuant to 440 subsection (9) and, subsequent to such inspection and approval, 441 The work may shall not be delayed for completion of an 442 inspection audit by the local building code enforcement agency. 443 Section 5.Subsections (1) and (2) of section 553.792, 444 Florida Statutes, are amended to read: 445 553.792Building permit application to local government. 446 (1)(a)A local government shall approve, approve with 447 conditions, or deny a building permit application after receipt 448 of a completed and sufficient application within the following 449 timeframes, unless the applicant waives such timeframes in 450 writing: 451 1.Within 30 business days after receiving a complete and 452 sufficient application, for an applicant using a local 453 government plans reviewer to obtain the following building 454 permits for structures less than 7,500 square feet: residential 455 units including a single-family residential unit or a single 456 family residential dwelling, accessory structure, alarm, 457 electrical, irrigation, landscaping, mechanical, plumbing, or 458 roofing. 459 2.Within 60 business days after receiving a complete and 460 sufficient application, for an applicant using a local 461 government plans reviewer to obtain the following building 462 permits for structures of 7,500 square feet or greater: 463 residential units including a single-family residential unit or 464 a single-family residential dwelling, accessory structure, 465 alarm, electrical, irrigation, landscaping, mechanical, 466 plumbing, or roofing. 467 3.Within 60 business days after receiving a complete and 468 sufficient application, for an applicant using a local 469 government plans reviewer to obtain the following building 470 permits: signs or nonresidential buildings less than 25,000 471 square feet. 472 4.Within 120 business days after receiving a complete and 473 sufficient application, for an applicant using a local 474 government plans reviewer to obtain the following building 475 permits: multifamily residential not exceeding 50 units; site 476 plan approvals and subdivision plats not requiring public 477 hearing or public notice; and lot grading and site alteration. 478 5.Within 15 business days after receiving a complete and 479 sufficient application, for an applicant using a master building 480 permit consistent with s. 553.794 to obtain a site-specific 481 building permit. 482 6.Within 10 business days after receiving a complete and 483 sufficient application, for an applicant for a single-family 484 residential dwelling applied for by a contractor licensed in 485 this state on behalf of a property owner who participates in a 486 Community Development Block Grant-Disaster Recovery program 487 administered by the Department of Commerce, unless the permit 488 application fails to satisfy the Florida Building Code or the 489 enforcing agencys laws or ordinances. 490 491 However, the local government may not require the waiver as a 492 condition precedent to reviewing an applicants building permit 493 application. 494 (b)A local government must meet the timeframes set forth 495 in this section for reviewing building permit applications 496 unless the timeframes set by local ordinance are more stringent 497 than those prescribed in this section. 498 (c)After Within 10 days of an applicant submits submitting 499 an application to the local government, the local government 500 must provide written notice to the applicant within 5 business 501 days after receipt of the application advising shall advise the 502 applicant what information, if any, is needed to deem or 503 determine that the application is properly completed in 504 compliance with the filing requirements published by the local 505 government. If the local government does not provide timely 506 written notice that the applicant has not submitted the properly 507 completed application, the application is shall be automatically 508 deemed or determined to be properly completed and accepted. 509 Within 45 days after receiving a completed application, a local 510 government must notify an applicant if additional information is 511 required for the local government to determine the sufficiency 512 of the application, and shall specify the additional information 513 that is required. The applicant must submit the additional 514 information to the local government or request that the local 515 government act without the additional information. While the 516 applicant responds to the request for additional information, 517 the 120-day period described in this subsection is tolled. Both 518 parties may agree to a reasonable request for an extension of 519 time, particularly in the event of a force majeure or other 520 extraordinary circumstance. The local government must approve, 521 approve with conditions, or deny the application within 120 days 522 following receipt of a completed application. 523 (d)A local government shall maintain on its website a 524 policy containing procedures and expectations for expedited 525 processing of those building permits and development orders 526 required by law to be expedited. 527 (b)1.When reviewing an application for a building permit, 528 a local government may not request additional information from 529 the applicant more than three times, unless the applicant waives 530 such limitation in writing. 531 2.If a local government requests additional information 532 from an applicant and the applicant submits the requested 533 additional information to the local government within 30 days 534 after receiving the request, the local government must, within 535 15 days after receiving such information: 536 a.Determine if the application is properly completed; 537 b.Approve the application; 538 c.Approve the application with conditions; 539 d.Deny the application; or 540 e.Advise the applicant of information, if any, that is 541 needed to deem the application properly completed or to 542 determine the sufficiency of the application. 543 3.If a local government makes a second request for 544 additional information from the applicant and the applicant 545 submits the requested additional information to the local 546 government within 30 days after receiving the request, the local 547 government must, within 10 days after receiving such 548 information: 549 a.Determine if the application is properly completed; 550 b.Approve the application; 551 c.Approve the application with conditions; 552 d.Deny the application; or 553 e.Advise the applicant of information, if any, that is 554 needed to deem the application properly completed or to 555 determine the sufficiency of the application. 556 4.Before a third request for additional information may be 557 made, the applicant must be offered an opportunity to meet with 558 the local government to attempt to resolve outstanding issues. 559 If a local government makes a third request for additional 560 information from the applicant and the applicant submits the 561 requested additional information to the local government within 562 30 days after receiving the request, the local government must, 563 within 10 days after receiving such information unless the 564 applicant waived the local governments limitation in writing, 565 determine that the application is complete and: 566 a.Approve the application; 567 b.Approve the application with conditions; or 568 c.Deny the application. 569 5.If the applicant believes the request for additional 570 information is not authorized by ordinance, rule, statute, or 571 other legal authority, the local government, at the applicants 572 request, must process the application and either approve the 573 application, approve the application with conditions, or deny 574 the application. 575 (e)(c)If a local government fails to meet a deadline under 576 this subsection provided in paragraphs (a) and (b), it must 577 reduce the building permit fee by 10 percent for each business 578 day that it fails to meet the deadline, unless the parties agree 579 in writing to a reasonable extension of time, the delay is 580 caused by the applicant, or the delay is attributable to a force 581 majeure or other extraordinary circumstances. Each 10-percent 582 reduction shall be based on the original amount of the building 583 permit fee, unless the parties agree to an extension of time. 584 (f)A local enforcement agency does not have to reduce the 585 building permit fee if it provides written notice to the 586 applicant by e-mail or United States Postal Service within the 587 respective timeframes in paragraph (a) which specifically states 588 the reasons the permit application fails to satisfy the Florida 589 Building Code or the enforcing agencys laws or ordinances. The 590 written notice must also state that the applicant has 10 591 business days after receiving the written notice to submit 592 revisions to correct the permit application and that failure to 593 correct the application within 10 business days will result in a 594 denial of the application. 595 (g)If the applicant submits revisions within 10 business 596 days after receiving the written notice, the local enforcement 597 agency has 10 business days after receiving such revisions to 598 approve or deny the building permit unless the applicant agrees 599 to a longer period in writing. If the local enforcement agency 600 fails to issue or deny the building permit within 10 business 601 days after receiving the revisions, it must reduce the building 602 permit fee by 20 percent for each business day that it fails to 603 meet the deadline unless the applicant agrees to a longer period 604 in writing. 605 (2)(a)The procedures set forth in subsection (1) apply to 606 the following building permit applications: accessory structure; 607 alarm permit; nonresidential buildings less than 25,000 square 608 feet; electric; irrigation permit; landscaping; mechanical; 609 plumbing; residential units other than a single family unit; 610 multifamily residential not exceeding 50 units; roofing; signs; 611 site-plan approvals and subdivision plats not requiring public 612 hearings or public notice; and lot grading and site alteration 613 associated with the permit application set forth in this 614 subsection. The procedures set forth in subsection (1) do not 615 apply to permits for any wireless communications facilities or 616 when a law, agency rule, or local ordinance specify different 617 timeframes for review of local building permit applications. 618 (b)If a local government has different timeframes than the 619 timeframes set forth in subsection (1) for reviewing building 620 permit applications described in paragraph (a), the local 621 government must meet the deadlines established by local 622 ordinance. If a local government does not meet an established 623 deadline to approve, approve with conditions, or deny an 624 application, it must reduce the building permit fee by 10 625 percent for each business day that it fails to meet the 626 deadline. Each 10-percent reduction shall be based on the 627 original amount of the building permit fee, unless the parties 628 agree to an extension of time. This paragraph does not apply to 629 permits for any wireless communications facilities. 630 Section 6.Paragraph (a) of subsection (7) of section 631 553.80, Florida Statutes, is amended to read: 632 553.80Enforcement. 633 (7)(a)The governing bodies of local governments may 634 provide a schedule of reasonable fees, as authorized by s. 635 125.56(2) or s. 166.222 and this section, for enforcing this 636 part. These fees, and any fines or investment earnings related 637 to the fees, may shall be used only solely for carrying out the 638 local governments responsibilities in enforcing the Florida 639 Building Code. When providing a schedule of reasonable fees, the 640 total estimated annual revenue derived from fees, and the fines 641 and investment earnings related to the fees, may not exceed the 642 total estimated annual costs of allowable activities. Any 643 unexpended balances must be carried forward to future years for 644 allowable activities or must be refunded at the discretion of 645 the local government. A local government may not carry forward 646 an amount exceeding the average of its operating budget for 647 enforcing the Florida Building Code for the previous 4 fiscal 648 years. For purposes of this subsection, the term operating 649 budget does not include reserve amounts. Any amount exceeding 650 this limit must be used as authorized in subparagraph 2. 651 However, a local government that established, as of January 1, 652 2019, a Building Inspections Fund Advisory Board consisting of 653 five members from the construction stakeholder community and 654 carries an unexpended balance in excess of the average of its 655 operating budget for the previous 4 fiscal years may continue to 656 carry such excess funds forward upon the recommendation of the 657 advisory board. The basis for a fee structure for allowable 658 activities must relate to the level of service provided by the 659 local government and must include consideration for refunding 660 fees due to reduced services based on services provided as 661 prescribed by s. 553.791, but not provided by the local 662 government. Fees charged must be consistently applied. 663 1.As used in this subsection, the phrase enforcing the 664 Florida Building Code includes the direct costs and reasonable 665 indirect costs associated with review of building plans, 666 building inspections, reinspections, and building permit 667 processing; building code enforcement; and fire inspections 668 associated with new construction. The phrase may also include 669 training costs associated with the enforcement of the Florida 670 Building Code and enforcement action pertaining to unlicensed 671 contractor activity to the extent not funded by other user fees. 672 2.A local government must use any excess funds that it is 673 prohibited from carrying forward to rebate and reduce fees, to 674 upgrade hardware and software technology systems to enhance 675 service delivery, or to pay for the construction of a building 676 or structure that houses a local governments building code 677 enforcement agency, or for the training programs for building 678 officials, inspectors, or plans examiners associated with the 679 enforcement of the Florida Building Code. Excess funds used to 680 construct such a building or structure must be designated for 681 such purpose by the local government and may not be carried 682 forward for more than 4 consecutive years. An owner or builder 683 who has a valid building permit issued by a local government for 684 a fee, or an association of owners or builders located in the 685 state that has members with valid building permits issued by a 686 local government for a fee, may bring a civil action against the 687 local government that issued the permit for a fee to enforce 688 this subparagraph. 689 3.The following activities may not be funded with fees 690 adopted for enforcing the Florida Building Code: 691 a.Planning and zoning or other general government 692 activities. 693 b.Inspections of public buildings for a reduced fee or no 694 fee. 695 c.Public information requests, community functions, 696 boards, and any program not directly related to enforcement of 697 the Florida Building Code. 698 d.Enforcement and implementation of any other local 699 ordinance, excluding validly adopted local amendments to the 700 Florida Building Code and excluding any local ordinance directly 701 related to enforcing the Florida Building Code as defined in 702 subparagraph 1. 703 4.A local government must use recognized management, 704 accounting, and oversight practices to ensure that fees, fines, 705 and investment earnings generated under this subsection are 706 maintained and allocated or used solely for the purposes 707 described in subparagraph 1. 708 5.The local enforcement agency, independent district, or 709 special district may not require at any time, including at the 710 time of application for a permit, the payment of any additional 711 fees, charges, or expenses associated with: 712 a.Providing proof of licensure under chapter 489; 713 b.Recording or filing a license issued under this chapter; 714 c.Providing, recording, or filing evidence of workers 715 compensation insurance coverage as required by chapter 440; or 716 d.Charging surcharges or other similar fees not directly 717 related to enforcing the Florida Building Code. 718 Section 7.Section 440.103, Florida Statutes, is amended to 719 read: 720 440.103Building permits; identification of minimum premium 721 policy.Every employer shall, as a condition to applying for and 722 receiving a building permit, show proof and certify to the 723 permit issuer that it has secured compensation for its employees 724 under this chapter as provided in ss. 440.10 and 440.38. Such 725 proof of compensation must be evidenced by a certificate of 726 coverage issued by the carrier, a valid exemption certificate 727 approved by the department, or a copy of the employers 728 authority to self-insure and shall be presented, electronically 729 or physically, each time the employer applies for a building 730 permit. As provided in s. 553.79(23) s. 553.79(24), for the 731 purpose of inspection and record retention, site plans or 732 building permits may be maintained at the worksite in the 733 original form or in the form of an electronic copy. These plans 734 and permits must be open to inspection by the building official 735 or a duly authorized representative, as required by the Florida 736 Building Code. As provided in s. 627.413(5), each certificate of 737 coverage must show, on its face, whether or not coverage is 738 secured under the minimum premium provisions of rules adopted by 739 rating organizations licensed pursuant to s. 627.221. The words 740 minimum premium policy or equivalent language shall be typed, 741 printed, stamped, or legibly handwritten. 742 Section 8.This act shall take effect July 1, 2024.