The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 684
INTRODUCER: Fiscal Policy Committee; Community Affairs Committee; and Senator DiCeglie
SUBJECT: Residential Building Permits
DATE: February 23, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Fav/CS
2. Ryon Yeatman FP Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 684 provides a number of revisions to current law pertaining to the standards and
timeframes for local governments to follow for the issuance of building permits. Specifically, the
bill requires local governments to approve, approve with conditions, or deny a complete and
sufficient permit application within the following timeframes:
30 business days for the following permits for structures that are less than 7,500 square feet:
single-family residential unit or dwelling, accessory structure, alarm, electrical, irrigation,
landscaping, mechanism, plumbing, or roofing.
60 business days for the above-mentioned permits for structures more than 7,500 square feet.
60 business days for signs and nonresidential buildings less than 25,000 square feet.
120 business days for multifamily residential not exceeding 50 units, certain site-plan
approvals and subdivision plats, and lot grading and site alteration.
15 business days for master building permits for site-specific building permit.
10 business days for single-family dwellings utilizing the Community Development Block
Grant-Disaster Recovery Program.
The bill modifies provisions requiring local governments to refund permit fees for failure to
comply with the applicable timeframes, and applies specific timeframes for the processing of
permit applications submitted with an affidavit from a private provider who is a licensed
engineer or architect.
REVISED: BILL: CS/CS/SB 684 Page 2
The bill also requires the Florida Building Commission to provide an exception in the Florida
Building Code relating to sealed drawings by a design professional for replacement windows,
doors, and garages, and reverts the definition of “windborne debris region” to the 2020 Florida
Building Code, 7
th
edition definition.
Additionally, the bill:
Requires certain local governments to create a process to expedite the issuance of building
permits based on a preliminary plat and to issue the number or percentage of building permits
requested by an applicant, under certain circumstances.
Provides that vested rights may be formed in a preliminary plat, under certain circumstances.
Allows an applicant to contract to sell, but not transfer ownership of, a residential structure or
building located in the preliminary plat before the final plat is approved.
Requires all local governments to create a master building permit process.
The bill takes effect on July 1, 2024.
II. Present Situation:
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 seventh edition,
which is referred to as the 2020 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
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 Feb. 5, 2024).
2
Id.
3
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 5, 2024).
4
See s. 553.72(1), F.S. BILL: CS/CS/SB 684 Page 3
The Florida Building Commission (Commission) was statutorily 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 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 percent 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 percent
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
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 Feb. 5, 2024).
6
Section 553.73(7)(a), F.S.
7
Section 553.80 F.S.
8
Id.
9
Section 553.80 (7)(a)1., F.S.
10
Sections125.56 (4)(c) F.S., and 166.222(2), F.S.
11
Section 553.80(7)(a), F.S.
12
Section 553.721, F.S. BILL: CS/CS/SB 684 Page 4
Administrators and Inspectors Board (BCAIB) and the Florida Homeowners’ Construction
Recovery Fund.
13
Local government building departments are permitted to retain 10 percent 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 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 provides specified timeframes for
local governments to review applications for the following building permits:
15
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:
16
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.
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.
13
Section 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. Section 489.1401(2), F.S.
14
Sections 468.631, and 553.721, F.S.
15
Section 553.792(2), F.S.
16
Section 553.792(1), F.S. BILL: CS/CS/SB 684 Page 5
o The applicant may submit the additional information to the local government or request
that the local government act on the application without the additional information.
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.
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.
17
If a local government fails to meet the timeframes above without an agreement for an extension
of time, a local government must reduce the building permit fee by 10 percent for each business
day that a local government fails to meet the deadline.
18
This also applies if a local government
fails to meet the deadlines established by local ordinance that differ from the statutory
timeframes.
19
Local Government’s Requests for Additional Information
20
A local government may only make three requests for additional information from an applicant
applying for the following types of building permits:
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.
Lot grading and site alteration associated with the permit application.
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
:
17
Section 553.792(2)(a), F.S.
18
Section 553.792(1)(c), F.S.
19
Section 553.792(2)(b), F.S.
20
Section 553.792(1)(b), F.S.
21
Id. BILL: CS/CS/SB 684 Page 6
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.
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.
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.
If a local government fails to meet these deadlines it must reduce the building permit fee by 10
percent 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.
Time-Period to Review Single-Family Residential Dwelling Building Permit Applications
For building permit applications for a single-family residential dwelling, the local government
must issue the permit 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.
22
If the local government does not issue the permit within 30 business days after receiving the
permit application, it must reduce the building permit fee by 10 percent for each business day
that it fails to meet the deadline. Each 10 percent reduction is based on the original amount of the
building permit fee.
However, the local government need not reduce the 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. In addition, the written notice must
also include that the applicant has 10 business days after receiving the written notice to submit
revisions to correct the permit application and that failure to correct the application within 10
business days will result in a denial of the application.
23
22
Section 553.79(16), F.S.
23
Section 553.79(16)(a)-(b), F.S. BILL: CS/CS/SB 684 Page 7
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.
24
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:
25
Reduce the permit fee by 20 percent of the original permit fee for the first business day that it
fails to meet the deadline; and
An additional 10 percent of the original permit fee for each business day that it fails to meet
the deadline, for up to five business days.
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 Florida Building Code or the enforcing agency's laws or
ordinances.
26
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.
27
Private Providers Alternative Plans Review
In 2002, s. 553.791, F.S., was created to allow property owners and contractors to hire licensed
building code officials, engineers, and architects, referred to as private providers, to review
building plans, perform building inspections, and prepare certificates of completion.
Private providers and their duly authorized representatives are able to approve building plans and
perform building code inspections as long as the plans approval and building inspections are
within the scope of the provider’s or representative’s license. A local government may establish,
for private providers and duly authorized representatives working within the local government’s
jurisdiction, a system of registration to verify compliance with the license and insurance
requirements for private providers.
28
“Private provider” means a person licensed as a building official, engineer, or as an architect.
Licensed building inspectors and plans examiners may perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings.
29
24
Section 553.79(16)(c), F.S.
25
Section 553.79(16)(c), F.S.
26
Section 553.79(16)(e), F.S.
27
Section 553.79(16)(d), F.S.
28
Section 553.791(16)(b), F.S.
29
Section 553.791(1)(n) and (3), F.S. BILL: CS/CS/SB 684 Page 8
“Duly authorized representative” means an employee of a private provider identified in a permit
application who reviews plans or performs inspections, and is licensed as an engineer, architect,
building official, inspector, or plans examiner. The term does not include a person with a
provisional license by the BCAIB.
30
If an owner or contractor opts to use a private provider, the local government must calculate the
cost savings to its building department and reduce the building permit fees accordingly.
31
A local government may not charge a fee for building inspections when an owner or contractor
uses a private provider but may charge a reasonable administrative fee which is based on the cost
that is actually incurred by the local government, including the labor cost of the personnel
providing the service, or the cost attributable to the local government for the clerical and
supervisory assistance required, or both.
32
Local governments may audit the performance of building code inspection services by private
providers operating within the local government’s jurisdiction. However, the same private
provider may not be audited more than four times in a month unless the local building official
determines a condition of a building constitutes an immediate threat to public safety and
welfare.
33
Plats
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, being
a complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable state requirements and of any local ordinances.
34
Generally, platting
is required whenever a developer wishes to subdivide a large piece of property into smaller
parcels and tracts. These smaller areas become the residential lots, streets and parks of a new
residential sub-division.
35
State law establishes consistent minimum requirements for the establishment of plats, and local
governing bodies have the power to regulate and control the platting of lands.
36
Prior to approval
by the appropriate governing body, the plat must be reviewed for conformity with state and local
law and sealed by a professional surveyor and mapper who is either employed by or under
contract to the local governing body.
37
Before a plat is offered for recording with the clerk of the circuit court, it must be approved by
the appropriate governing body, and evidence of such approval must be placed on the plat. If not
30
Section 553.791(1)(f) and (8), F.S.
31
“Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local enforcement agency
assesses the cost for its plans review or inspection services.” Section 553.791(2)(b), F.S.
32
Section 553.791(2)(b), F.S.
33
Section 553.791(19), F.S.
34
Section 177.031(14), F.S.
35
Harry W. Carls, Florida Condo & HOA Law Blog, May 17, 2018, Why is a Plat so Important?,
https://www.floridacondohoalawblog.com/2018/05/17/why-is-a-plat-so-important/ (last visited Feb. 5, 2024).
36
Section 177.011, F.S.
37
Section 177.081(1), F.S. BILL: CS/CS/SB 684 Page 9
approved, the governing body must return the plat to the professional surveyor and mapper or the
legal entity offering the plat for recordation.
Jurisdiction over plat approval is as follows:
38
When the plat to be submitted for approval is located wholly within the boundaries of a
municipality, the governing body of the municipality has exclusive jurisdiction to approve
the plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of
the county has exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be
prepared and each governing body has exclusive jurisdiction to approve the plat within its
boundaries, unless the governing bodies having said jurisdiction agree that one plat is
mutually acceptable.
Every plat of a subdivision offered for recording must have certain information, including
providing:
39
The name of the plat in bold legible letters, and the name of the subdivision, professional
surveyor and mapper or legal entity, and street and mailing address on each sheet.
The section, township, and range immediately under the name of the plat on each sheet
included, along with the name of the city, town, village, county, and state in which the land
being platted is situated.
The dedications and approvals by the surveyor and mapper and local governing body, and the
circuit court clerk’s certificate and the professional surveyor and mapper’s seal and
statement.
All section lines and quarter section lines occurring within the subdivision. If the description
is by metes and bounds, all information called for, such as the point of commencement,
course bearings and distances, and the point of beginning. If the platted lands are in a land
grant or are not included in the subdivision of government surveys, then the boundaries are to
be defined by metes and bounds and courses.
Location, width, and names of all streets, waterways, or other rights-of-way.
Location and width of proposed easements and existing easements identified in the title
opinion or property information report must be shown on the plat or in the notes or legend,
and their intended use.
All lots numbered either by progressive numbers or, if in blocks, progressively numbered in
each block, and the blocks progressively numbered or lettered, except that blocks in
numbered additions bearing the same name may be numbered consecutively throughout the
several additions.
Sufficient survey data to positively describe the bounds of every lot, block, street easement,
and all other areas shown on the plat.
Designated park and recreation parcels.
All interior excepted parcels clearly indicated and labeled “Not a part of this plat.”
The purpose of all areas dedicated clearly indicated or stated on the plat.
38
Section 177.071(1), F.S.
39
Section 177.091, F.S. BILL: CS/CS/SB 684 Page 10
That all platted utility easements must provide that such easements are also easements for the
construction, installation, maintenance, and operation of cable television services; provided,
however, no such construction, installation, maintenance, and operation of cable television
services interferes with the facilities and services of an electric, telephone, gas, or other
public utility.
Preliminary Plat Approval
Many local governments around the state have a process to approve a preliminary plat before
approving a final plat. Generally, a preliminary plat is a technical, graphic representation of a
proposed development, including plans for streets, utilities, drainage, easements, and lot lines,
for a proposed subdivision. If a preliminary plat is required, it is generally a prerequisite for a
final plat approval and the submission of any property improvement plans or permit
applications.
40
Generally, a preliminary plat approval is approval of the development plan, and a final plat
approval is approval of a finalized development plan; engineering plans, if required; and
documents confirming the parties with a property interest; which is then recorded with the clerk
of the circuit court.
41
Based on a preliminary plat approval, some local governments allow a developer to commence
construction before the plat is finalized. For example, the City of Jacksonville, Village of Royal
Palm Beach, and the City of Tallahassee allow for a preliminary plat approval process.
42
In Jacksonville, the Planning and Development Department (Department) of the City of
Jacksonville, upon request of an applicant, may allow up to 50 percent of the lots within a
proposed subdivision to be developed, but not occupied, based on a preliminary plat approval so
long as the developer or owner meets the following conditions for construction:
43
Prior to Civil Plans submittal to the Department, the developer must submit the development
proposal to Jacksonville Electric Authority (JEA) for review.
Once JEA has granted preliminary approval, the Department will review the preliminary site
plan, the preliminary and final engineering plans for the required improvements, and the
sheet identifying the lots being requested for home construction prior to platting as approved
by JEA. The Department reserves the right to deny authorization for development on a
specific lot or lots to protect City interests.
The developer or owner must provide a guarantee for required improvements and warranty of
title.
A Certificate of Occupancy may not be issued until the final plat is approved by JEA and the
Department and recorded in the current public records of Duval County, Florida.
40
For examples, see City of Zephyrhills Code of Ordinances s. 11.03.02.01; Palm Beach County Code of Ordinances Art.
11., Ch. A.; Seminole County, SEMINOLE COUNTY PLANNING & DEVELOPMENT DIVISION, Subdivision
Application, https://www.seminolecountyfl.gov/core/fileparse.php/3307/urlt/SUBDIVISION-05-2023.ADA.pdf (last visited
Feb. 5. 2024).
41
Advance Surveying & Engineering, An In-Depth Look At Preliminary and Final Plats,
https://www.advsur.com/2019/07/an-in-depth-look-at-preliminary-and-final-plats/ (last visited Feb. 5, 2024).
42
City of Jacksonville Code of Ordinances s. 654-109, Village of Royal Palm Beach Code of Ordinances s. 22-22, City of
Tallahassee Code of Ordinances s. 9-92.
43
City of Jacksonville Code of Ordinances s. 654-139(d). BILL: CS/CS/SB 684 Page 11
Approval of the preliminary plat and required supplemental material are valid for 12 months
from the date of approval. If the final plat is not submitted to and approved during the 12-
month period, the conditional approvals are null and void.
44
Vested Rights in Property Based on a Plat
In general, vested rights
45
form when a property owner or developer acquires real property rights
that cannot be taken by governmental regulation.
46
Property owners or developers who do not
have vested rights will be subject to subsequently enacted land regulations, while subsequently
enacted land regulations do not apply to the property owners or developers who are determined
to have vested rights.
47
Florida common law provides that vested rights in a property may be established if a property
owner or developer has:
48
In good faith reliance,
Upon some act or omission of government,
Made such a substantial change in position or has incurred such extensive obligations and
expenses,
That it would make it highly inequitable to interfere with the acquired right.
Recordation of a final plat with the clerk of the circuit court alone is not sufficient to establish
vested rights
49
in the land development regulations in existence at that time.
50
Instead, the
property owner or developer must take meaningful steps towards development of the property,
such as applying for development permits or expending certain monies,
51
to constitute a
substantial change in position or be considered extensive obligations and expenses towards
development of the property in reliance on some action by the local government.
52
Additionally, a property owner or developer may obtain vested rights in both a local
government-approved preliminary plat and a final plat, as long as expenditures or a substantial
change have been made by the property owner or developer based on such preliminary plat or
plat.
53
44
City of Jacksonville Code of Ordinances s. 654-109(b).
45
Florida courts have used the concepts of vested rights and equitable estoppel interchangeably in deciding fault in property
rights cases. Equitable estoppel, in this instance, means focusing on whether it would be inequitable or fair to allow a local
government to deny prior conduct or position on building or development decisions. Robert M. Rhodes and Cathy M. Sellers,
Equitable Estoppel and Vested Rights in Land Use, The Florida Bar, II Florida Environmental and Land Use Law 8, (1994).
46
Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes,
Urb.L.Ann. 63, 64-65 (1971).
47
Monroe County v. Ambrose, 866 So.2d 707, 712 (Fla. 3d DCA 2003); Kristin Melton, de la Parte & Gilbert P.A., When are
Rights Vested in a Platted Development?, 2016,
https://www.dgfirm.com/email/2016summer/article2.html#:~:text=Florida%20common%20law%20provides%20that,it%20w
ould%20make%20it%20highly (last visited Feb. 5, 2024).
48
Monroe County, 866 So.2d at 710.
49
Id.
50
Melton, supra, at 42.
51
Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975).
52
Id.; Melton, supra, at 42.
53
The Florida Companies v. Orange County, 411 So.2d 1008, 1011 (Fla. 5th DCA 1982) BILL: CS/CS/SB 684 Page 12
Wind-borne Debris Regions
Wind-borne debris regions (WBDR) are defined in the Building Code by specific wind speeds
and represent areas where structures are vulnerable to impact from windborne debris during
severe storm events. New construction located within a WBDR must meet enhanced
requirements for the protection against windborne debris, such as the installation of impact-
resistant windows, doors, or shutters.
The 8
th
Edition (2023) Building Code defines WBDR as areas:
Within 1 mile of the mean high-water line where an Exposure D condition exists upwind at
the waterline and the ultimate design wind speed is 130 mph or greater; or
In areas where the ultimate design wind speed is 140 mph or greater.
54
The 7
th
Edition (2020) Building Code defines WBDR as areas:
Within 1 mile of the coastal mean high water line where the ultimate design wind speed is
130 mph or greater; or
In areas where the ultimate design wind speed is 140 mph or greater.
55
III. Effect of Proposed Changes:
Building Permit Processing Timeframes
Section 5 amends s. 553.792, F.S., to modify the timeframes for which local governments must
process building permit applications. The bill requires a local government to approve, approve
with conditions, or deny a building permit application after receipt of a completed and sufficient
application within the following timeframes, unless the applicant waives such timeframes in
writing:
Within 30 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits
for structures less than 7,500 square feet: residential units including a single-family
residential unit or a single-family residential dwelling, accessory structure, alarm, electrical,
irrigation, landscaping, mechanical, plumbing, or roofing.
Within 60 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits
for structures of 7,500 square feet or greater: residential units including a single-family
residential unit or a single-family residential dwelling, accessory structure, alarm, electrical,
irrigation, landscaping, mechanical, plumbing, or roofing.
Within 60 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits:
signs or nonresidential buildings less than 25,000 square feet.
Within 120 business days after receiving a complete and sufficient application, for an
applicant using a local government plans reviewer to obtain the following building permits:
multifamily residential not exceeding 50 units; site-plan approvals and subdivision plats not
requiring public hearing or public notice; and lot grading and site alteration.
54
2023 Florida Building Code, Residential, 8
th
Edition, R202.
55
2020 Florida Building Code, Residential, 7
th
Edition, R202. BILL: CS/CS/SB 684 Page 13
Within 15 business days after receiving a complete and sufficient application, for an
applicant using a master building permit consistent with s. 553.794 to obtain a site-specific
building permit.
Within 10 business days after receiving a complete and sufficient application, 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 Commerce, unless the
permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or
ordinances.
These timeframes do not apply if the timeframes set by a local ordinances are more stringent
than the timeframes provided in the bill. Additionally, the local government may not require a
permit applicant to waive the permit processing timeframes as a condition to review an
application for a building permit.
The bill requires a local government to provide written notice to a building permit applicant
within 5 business days after receipt of the application advising the applicant what information, if
any, is needed to deem or determine that the application is properly complete. If the local
government does not provide timely written notice that the applicant has not submitted the
properly completed application, the application is automatically deemed or determined to be
property completed and accepted.
If a local government fails to meet a deadline provided in the bill, it must reduce the building
permit fee by 10 percent, based on the original amount of the permit fee, for each business day
that it fails to meet the deadline, unless the parties agree in writing to a reasonable extension of
time, the delay is caused by the applicant, or the delay is attributable to a force majeure or other
extraordinary circumstances.
However, a local government need not reduce building permit fees if the local government
provides written notice to the applicant within the applicable timeframes specifically stating the
reasons the permit application is deficient. If the applicant submits revisions within 10 business
days after receiving the written notice, the local government has 10 business days after
receiving such revisions to approve or deny the permit unless the applicant agrees to a longer
period in writing. If the local government fails to issue or deny the permit within 10 business
days after receiving revisions, it must reduce the building permit fee by 20 percent for each
business day it fails to meet the deadline unless the applicant agrees to a longer period in writing.
The bill removes from current law the schedule for which local governments may make up to
three requests for additional information from an applicant.
Section 3 amends s. 553.79, F.S., to remove provisions which require 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 section 5 of the bill.
BILL: CS/CS/SB 684 Page 14
Use of Building Code Enforcement Fees
Section 6 amends s. 553.80, F.S., to specify 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.
Private Providers
Section 4 amends s. 553.791, F.S., to require a local government to issue a permit or provide
written notice of plan deficiencies within 12 business days after receipt of a permit application
that is accompanied by the required affidavit in s. 553.791(6), F.S., prepared by a private
provider who is a licensed engineer or architect. The local building official must provide with
specificity the plan’s deficiencies, the reasons the permit application failed, and the applicable
codes being violated in such written notice.
If the local building official does not provide specific written notice to the permit applicant
within the 12-day period, the permit application is deemed approved as a matter of law, and the
permit must be issued by the local building official on the next business day.
The bill also defines the term “private provider firm” for purposes of allowing local governments
to establish a registration system to verify private provider licensure requirements.
The bill provides that a local government may not audit the performance of building code
inspection services by private providers until the local government has created a manual for
standard operating procedures for staff performing such audits. The manual must include, at a
minimum, the audit purpose and scope, audit criteria, an explanation of processes and objectives,
and detailed findings of area of noncompliance. The manual must be publicly available online or
the printed manual must be readily accessible in building department offices, and the audit
results of the staff for the prior two quarters must be publicly available. A local government’s
private provider audit processes must adhere to the local government’s posted standard operating
audit procedures.
Additionally, the bill provides that a local government may not audit the same private provider
more than four times in a year, as opposed to four times in a month provided in current law.
Other Florida Building Code Provisions
Section 2 amends s. 553.73, F.S., to require the Florida Building Commission to modify section
505 of the 8
th
edition Building Code to state that sealed drawings by a design professional may
not be required for the replacement of windows, doors, or garage doors. Replacement windows,
doors, and garage doors must be installed in accordance with the manufacturer’s instructions for
the appropriate wind zone and must meet the design pressure and the current Building Code. The
manufacturer’s instructions must be submitted with the applicable permit application.
This section also provide that the term “windborne debris region” has the same meaning as in the
7
th
edition Building Code, Residential, until the adoption of the 9
th
edition Building Code. It BILL: CS/CS/SB 684 Page 15
further provides that a homeowner or contractor is not prohibited from voluntarily complying
with the definition of “windborne debris region” in the 8
th
edition.
Expedited Approval of Residential Building Permits and Preliminarily Plats
Section 1 creates s. 177.073, F.S., to require a governing body of a county or municipality to
create:
A two-step application process for the adoption of a preliminary plat and for a final plat in
order to expedite the issuance of building permits related to such plats.
A master building permit process consistent with existing master building permit application
requirements for applicants seeking multiple building permits for planned residential
subdivisions.
The bill requires the governing body to issue the number or percentage of building permits
requested by an applicant, provided the residential buildings or structures are unoccupied and all
of the following conditions are met:
The governing body has approved a preliminary plat for each residential subdivision or
planned community.
The applicant provides proof to the governing body that the applicant has provided a copy of
the approved preliminary plat, along with the approved plans, to the relevant electric, water,
and wastewater utilities.
The applicant holds a valid performance bond for up to 120 percent of the necessary utilities,
roads, and stormwater improvements that have not been completed upon submission of the
application under this section.
By August 15, 2024, the bill requires a governing body of a county or municipality with 30,000
residents or more to create a program to expedite the process for issuing building permits for
residential subdivisions or planned communities before a final plat is recorded with the clerk of
the circuit court.
If a governing body had a program in place before July 1, 2024, to expedite the building permit
process, the bill requires such governing body to only update their program to approve an
applicant's written application to issue up to 50 percent of the building permits for the residential
subdivision or planned community.
The bill allows an applicant to use a private provider to review a preliminary plat and to obtain a
building permit for each residential building or structure.
The bill allows a governing body to work with appropriate local government agencies to issue an
address and a temporary parcel identification number for lot lines and lot sizes based on the
metes and bounds of the plat contained in an application.
The bill allows an applicant to contract to sell, but not transfer ownership of, a residential
structure or building located in the residential subdivision or planned community until the final
plat is approved by the governing body and recorded in the public records by the clerk of the
circuit court.
BILL: CS/CS/SB 684 Page 16
The bill prohibits an applicant from obtaining a final certificate of occupancy for each residential
structure or building for which a building permit is issued until the final plat is approved by the
governing body and recorded in the public records by the clerk of the circuit court.
An applicant has a vested right in a preliminary plat that has been approved with conditions by a
governing entity, if all of the following conditions are met:
The applicant relies in good faith on the approved preliminary plat or any amendments,
The applicant substantially changes his or her position, including making improvements
pursuant to s. 117.031(9), F.S,. or incurs other obligations and expenses; and
Any change by the governing body would constitute an inequitable interference in the
approved preliminary plat.
The bill requires an applicant to indemnify and hold harmless the governing body and its agents
and employees from damages accruing and directly related to the issuance of a building permit
for a residential building or structure located in the residential subdivision before the approval
and recording of the final plat by the governing body.
The building official of a governing body that creates an expedited program pursuant to this bill
must send to the Department of Business and Professional Regulation a letter indicating the
program has been established and must include a brief explanation of the program.
The bill provides the following definitions:
"Final plat" means the final tracing, map, or site plan presented by the subdivider to a
governing body for final approval, and, upon approval by the appropriate governing body, is
submitted to the clerk of the circuit court for recording.
“Local building official” has the same meaning as in s. 553.791, F.S.
“Plans” means any building plans, construction plans, engineering plans, or site plans, or
their functional equivalent, submitted by an applicant for a building permit.
"Preliminary plat" means a map or delineated representation of the subdivision of lands that
is a complete and exact representation of the residential subdivision or planned community
and contains required land boundary information.
Section 7 makes a technical change to correct a cross-reference and Section 8 provides that the
bill takes effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None. BILL: CS/CS/SB 684 Page 17
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may reduce the cost of permit fees paid by the private sector to local
governments if local governments fail to meet the prescribed timeframes.
The streamlined platting processes in the bill may expedite some single family residential
development across the state.
C. Government Sector Impact:
The bill may impact surcharge collections remitted to DBPR by local governments
pursuant to ss. 553.791, F.S., and 468.631, F.S., in the event local governments must
refund portions of permit fees.
This bill may impact local governments because they may have to hire more employees
to meet the prescribed timeframes.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 553.73, 553.79,
553.791, 553.792, 553.80, and 440.103.
This bill creates section 177.073 of the Florida Statutes. BILL: CS/CS/SB 684 Page 18
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Fiscal Policy on February 22, 2024:
Prohibits a local government from auditing the performance of building code
inspection services by private providers until the local government has created a
manual for standard operating audit procedures for such purpose.
Reduces the frequency in which local governments may audit the same private
provider to 4 times per year, reduced from 4 times per month under current law.
Prohibits a local government from requiring a building permit applicant to waive the
permit processing timeframes as a condition to review an application for a building
permit.
Provides that a local government need not reduce building permit fees for failing to
meet prescribed deadlines if the delay is caused by the permit applicant or the delay is
attributable to a force majeure or other extraordinary circumstances.
Makes technical and clarifying changes.
CS by Community Affairs on February 6, 2024:
Requires the Florida Building Commission to modify the Florida Building Code to
state that sealed drawings by a design professional may not be required for the
replacement of windows, doors, or garage doors. Such replacement windows and
doors must be installed in accordable with the manufacturer’s instructions and the
current FL Building Code.
Reverts the definition of “windbone debris region” in the Florida Building Code to
the definition from the previous Code (7th edition), until the adoption of the next 9th
edition of the Code.
Provides that for permit applications with the seal of a private provider who is a
licensed engineer or architect, the local government must issue the permit or provide
written notice of plan deficiencies within 12 business days after receipt of the permit
application. If the local building official does not provide written notice of
deficiencies within the 12-day timeframe, the permit application is deemed approved.
Restores current law by removing bill provisions requiring local governments to
reduce a permit fee by 75 percent if an owner retains a private provider.
Defines the term “private provider firm” for purposes of allowing local governments
to establish a registration system to verify private provider licensure requirements.
Replaces bill provisions modifying time periods for local governments to approve
building permit applications with a new scheme based on size and type of structures.
Authorizes local governments to use building code enforcement fee revenue to
upgrade technology hardware and software systems used to enforce the Building
Code. BILL: CS/CS/SB 684 Page 19
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.