Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 684
Ì695408<Î695408
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/08/2024 .
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The Committee on Community Affairs (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 159 - 434
4 and insert:
5 Section 2. Paragraphs (g) and (h) are added to subsection
6 (7) of section 553.73, Florida Statutes, to read:
7 553.73 Florida Building Code.—
8 (7)
9 (g) The Florida Building Commission shall modify section
10 505 of the Florida Building Code, 8th edition (2023) Existing
11 Building, to state that sealed drawings by a design professional
12 may not be required for the replacement of windows, doors, or
13 garage doors. Replacement windows, doors, and garage doors must
14 be installed in accordance with the manufacturer’s instructions
15 for the appropriate wind zone and must meet the design pressure
16 and the current Florida Building Code. The manufacturer’s
17 instructions must be submitted with the permit application for
18 replacement windows, doors, and garage doors. The manufacturer’s
19 installation instructions may be printed or in digital format.
20 (h) As used in this section, the term “windborne debris
21 region” has the same meaning as in the Florida Building Code,
22 7th edition, Residential, until the adoption of the 9th edition
23 of the Florida Building Code. This paragraph may not be
24 construed to prohibit a homeowner or contractor from voluntarily
25 complying with the definition of the term windborne debris
26 region originally established in the 8th edition, until the
27 adoption of the 9th edition.
28 Section 3. Subsection (16) of section 553.79, Florida
29 Statutes, is amended to read:
30 553.79 Permits; applications; issuance; inspections.—
31 (16) Except as provided in paragraph (e), a building permit
32 for a single-family residential dwelling must be issued within
33 30 business days after receiving the permit application unless
34 the permit application fails to satisfy the Florida Building
35 Code or the enforcing agency’s laws or ordinances.
36 (a) If a local enforcement agency fails to issue a building
37 permit for a single-family residential dwelling within 30
38 business days after receiving the permit application, it must
39 reduce the building permit fee by 10 percent for each business
40 day that it fails to meet the deadline. Each 10-percent
41 reduction shall be based on the original amount of the building
42 permit fee.
43 (b) A local enforcement agency does not have to reduce the
44 building permit fee if it provides written notice to the
45 applicant, by e-mail or United States Postal Service, within 30
46 business days after receiving the permit application, that
47 specifically states the reasons the permit application fails to
48 satisfy the Florida Building Code or the enforcing agency’s laws
49 or ordinances. The written notice must also state that the
50 applicant has 10 business days after receiving the written
51 notice to submit revisions to correct the permit application and
52 that failure to correct the application within 10 business days
53 will result in a denial of the application.
54 (c) The applicant has 10 business days after receiving the
55 written notice to address the reasons specified by the local
56 enforcement agency and submit revisions to correct the permit
57 application. If the applicant submits revisions within 10
58 business days after receiving the written notice, the local
59 enforcement agency has 10 business days after receiving such
60 revisions to approve or deny the building permit unless the
61 applicant agrees to a longer period in writing. If the local
62 enforcement agency fails to issue or deny the building permit
63 within 10 business days after receiving the revisions, it must
64 reduce the building permit fee by 20 percent for the first
65 business day that it fails to meet the deadline unless the
66 applicant agrees to a longer period in writing. For each
67 additional business day, but not to exceed 5 business days, that
68 the local enforcement agency fails to meet the deadline, the
69 building permit fee must be reduced by an additional 10 percent.
70 Each reduction shall be based on the original amount of the
71 building permit fee.
72 (d) If any building permit fees are refunded under this
73 subsection, the surcharges provided in s. 468.631 or s. 553.721
74 must be recalculated based on the amount of the building permit
75 fees after the refund.
76 (e) A building permit for a single-family residential
77 dwelling applied for by a contractor licensed in this state on
78 behalf of a property owner who participates in a Community
79 Development Block Grant–Disaster Recovery program administered
80 by the Department of Economic Opportunity must be issued within
81 15 working days after receipt of the application unless the
82 permit application fails to satisfy the Florida Building Code or
83 the enforcing agency’s laws or ordinances.
84 Section 4. Present paragraphs (o) through (r) of subsection
85 (1) and present subsections (10) through (21) of section
86 553.791, Florida Statutes, are redesignated as paragraphs (p)
87 through (s) and subsections (11) through (22), respectively, a
88 new paragraph (o) is added to subsection (1) and a new
89 subsection (10) is added to that section, and present paragraph
90 (o) of subsection (1), paragraph (c) of subsection (4),
91 paragraphs (b) and (d) of subsection (7), paragraph (b) of
92 present subsection (13), and paragraph (b) of present subsection
93 (16) of that section are amended, to read:
94 553.791 Alternative plans review and inspection.—
95 (1) As used in this section, the term:
96 (o) “Private provider firm” means a business organization,
97 including a corporation, partnership, business trust, or other
98 legal entity, which offers services under this chapter to the
99 public through licensees who are acting as agents, employees,
100 officers, or partners of the firm. A person who is licensed as a
101 building code administrator under part XII of chapter 468, as an
102 engineer under chapter 471, or as an architect under chapter 481
103 may act as a private provider for an agent, employee, or officer
104 of the private provider firm.
105 (p)(o) “Request for certificate of occupancy or certificate
106 of completion” means a properly completed and executed
107 application for:
108 1. A certificate of occupancy or certificate of completion.
109 2. A certificate of compliance from the private provider
110 required under subsection (12).
111 3. Any applicable fees.
112 4. Any documents required by the local building official to
113 determine that the fee owner has secured all other government
114 approvals required by law.
115
116 (4) A fee owner or the fee owner’s contractor using a
117 private provider to provide building code inspection services
118 shall notify the local building official in writing at the time
119 of permit application, or by 2 p.m. local time, 2 business days
120 before the first scheduled inspection by the local building
121 official or building code enforcement agency that a private
122 provider has been contracted to perform the required inspections
123 of construction under this section, including single-trade
124 inspections, on a form to be adopted by the commission. This
125 notice shall include the following information:
126 (c) An acknowledgment from the fee owner or the fee owner’s
127 contractor in substantially the following form:
128
129 I have elected to use one or more private providers to
130 provide building code plans review and/or inspection
131 services on the building or structure that is the
132 subject of the enclosed permit application, as
133 authorized by s. 553.791, Florida Statutes. I
134 understand that the local building official may not
135 review the plans submitted or perform the required
136 building inspections to determine compliance with the
137 applicable codes, except to the extent specified in
138 said law. Instead, plans review and/or required
139 building inspections will be performed by licensed or
140 certified personnel identified in the application. The
141 law requires minimum insurance requirements for such
142 personnel, but I understand that I may require more
143 insurance to protect my interests. By executing this
144 form, I acknowledge that I have made inquiry regarding
145 the competence of the licensed or certified personnel
146 and the level of their insurance and am satisfied that
147 my interests are adequately protected. I agree to
148 indemnify, defend, and hold harmless the local
149 government, the local building official, and their
150 building code enforcement personnel from any and all
151 claims arising from my use of these licensed or
152 certified personnel to perform building code
153 inspection services with respect to the building or
154 structure that is the subject of the enclosed permit
155 application.
156
157 If the fee owner or the fee owner’s contractor makes any changes
158 to the listed private providers or the services to be provided
159 by those private providers, the fee owner or the fee owner’s
160 contractor shall, within 1 business day after any change or
161 within 2 business days before the next scheduled inspection,
162 update the notice to reflect such changes. A change of a duly
163 authorized representative named in the permit application does
164 not require a revision of the permit, and the building code
165 enforcement agency shall not charge a fee for making the change.
166 (7)
167 (b) If the local building official provides a written
168 notice of plan deficiencies to the permit applicant within the
169 prescribed 20-day period, the 20-day period shall be tolled
170 pending resolution of the matter. To resolve the plan
171 deficiencies, the permit applicant may elect to dispute the
172 deficiencies pursuant to subsection (15) (14) or to submit
173 revisions to correct the deficiencies.
174 (d) If the local building official provides a second
175 written notice of plan deficiencies to the permit applicant
176 within the prescribed time period, the permit applicant may
177 elect to dispute the deficiencies pursuant to subsection (15)
178 (14) or to submit additional revisions to correct the
179 deficiencies. For all revisions submitted after the first
180 revision, the local building official has an additional 5
181 business days from the date of resubmittal to issue the
182 requested permit or to provide a written notice to the permit
183 applicant stating which of the previously identified plan
184 features remain in noncompliance with the applicable codes, with
185 specific reference to the relevant code chapters and sections.
186 (10) When the private provider is a person licensed as an
187 engineer under chapter 471 or as an architect under chapter 481
188 and affixes his or her professional seal to the affidavit
189 required under subsection (6), the local building official must
190 issue the requested permit or provide a written notice to the
191 permit applicant identifying the specific plan features that do
192 not comply with the applicable codes, as well as the specific
193 code chapters and sections, within 12 business days after
194 receipt of the permit application and affidavit. The local
195 building official must provide with specificity the plan’s
196 deficiencies, the reasons the permit application failed, and the
197 applicable codes being violated in such written notice. If the
198 local building official does not provide specific written notice
199 to the permit applicant within the prescribed 12-day period, the
200 permit application is deemed approved as a matter of law, and
201 the permit must be issued by the local building official on the
202 next business day.
203 (13)
204 (b) If the local building official does not provide notice
205 of the deficiencies within the applicable time periods under
206 paragraph (a), the request for a certificate of occupancy or
207 certificate of completion is automatically granted and deemed
208 issued as of the next business day. The local building official
209 must provide the applicant with the written certificate of
210 occupancy or certificate of completion within 10 days after it
211 is automatically granted and issued. To resolve any identified
212 deficiencies, the applicant may elect to dispute the
213 deficiencies pursuant to subsection (15) (14) or to submit a
214 corrected request for a certificate of occupancy or certificate
215 of completion.
216 (16)
217 (b) A local enforcement agency, local building official, or
218 local government may establish, for private provider firms,
219 private providers, and duly authorized representatives working
220 within that jurisdiction, a system of registration to verify
221 compliance with the licensure requirements of paragraph (1)(n)
222 and the insurance requirements of subsection (18) (17).
223 Section 5. Subsections (1) and (2) of section 553.792,
224 Florida Statutes, are amended to read:
225 553.792 Building permit application to local government.—
226 (1)(a) A local government must approve, approve with
227 conditions, or deny a building permit application after receipt
228 of a completed and sufficient application within the following
229 timeframes, unless the applicant waives such timeframes in
230 writing:
231 1. Within 30 business days after receiving a complete and
232 sufficient application, for an applicant using a local
233 government plans reviewer to obtain the following building
234 permits for structures less than 7,500 square feet: residential
235 units including a single-family residential unit or a single
236 family residential dwelling, accessory structure, alarm,
237 electrical, irrigation, landscaping, mechanical, plumbing, or
238 roofing.
239 2. Within 60 business days after receiving a complete and
240 sufficient application, for an applicant using a local
241 government plans reviewer to obtain the following building
242 permits for structures of 7,500 square feet or greater:
243 residential units including a single-family residential unit or
244 a single-family residential dwelling, accessory structure,
245 alarm, electrical, irrigation, landscaping, mechanical,
246 plumbing, or roofing.
247 3. Within 60 business days after receiving a complete and
248 sufficient application, for an applicant using a local
249 government plans reviewer to obtain the following building
250 permits: signs or nonresidential buildings less than 25,000
251 square feet.
252 4. Within 120 business days after receiving a complete and
253 sufficient application, for an applicant using a local
254 government plans reviewer to obtain the following building
255 permits: multifamily residential not exceeding 50 units; site
256 plan approvals and subdivision plats not requiring public
257 hearing or public notice; and lot grading and site alteration.
258 5. Within 15 business days after receiving a complete and
259 sufficient application, for an applicant using a master building
260 permit consistent with s. 553.794 to obtain a site-specific
261 building permit.
262 6. Within 10 business days after receiving a complete and
263 sufficient application, for an applicant for a single-family
264 residential dwelling applied for by a contractor licensed in
265 this state on behalf of a property owner who participates in a
266 Community Development Block Grant-Disaster Recovery program
267 administered by the Department of Commerce, unless the permit
268 application fails to satisfy the Florida Building Code or the
269 enforcing agency’s laws or ordinances.
270 (b) A local government must meet the timeframes set forth
271 in this section for reviewing building permit applications
272 unless the timeframes set by local ordinance are more stringent
273 than those prescribed in this section.
274 (c) After Within 10 days of an applicant submits submitting
275 an application to the local government, the local government
276 must provide written notice to the applicant within 5 business
277 days after receipt of the application advising shall advise the
278 applicant what information, if any, is needed to deem or
279 determine that the application is properly completed in
280 compliance with the filing requirements published by the local
281 government. If the local government does not provide timely
282 written notice that the applicant has not submitted the properly
283 completed application, the application is shall be automatically
284 deemed or determined to be properly completed and accepted.
285 Within 45 days after receiving a completed application, a local
286 government must notify an applicant if additional information is
287 required for the local government to determine the sufficiency
288 of the application, and shall specify the additional information
289 that is required. The applicant must submit the additional
290 information to the local government or request that the local
291 government act without the additional information. While the
292 applicant responds to the request for additional information,
293 the 120-day period described in this subsection is tolled. Both
294 parties may agree to a reasonable request for an extension of
295 time, particularly in the event of a force majeure or other
296 extraordinary circumstance. The local government must approve,
297 approve with conditions, or deny the application within 120 days
298 following receipt of a completed application.
299 (d) A local government shall maintain on its website a
300 policy containing procedures and expectations for expedited
301 processing of those building permits and development orders
302 required by law to be expedited.
303 (b)1. When reviewing an application for a building permit,
304 a local government may not request additional information from
305 the applicant more than three times, unless the applicant waives
306 such limitation in writing.
307 2. If a local government requests additional information
308 from an applicant and the applicant submits the requested
309 additional information to the local government within 30 days
310 after receiving the request, the local government must, within
311 15 days after receiving such information:
312 a. Determine if the application is properly completed;
313 b. Approve the application;
314 c. Approve the application with conditions;
315 d. Deny the application; or
316 e. Advise the applicant of information, if any, that is
317 needed to deem the application properly completed or to
318 determine the sufficiency of the application.
319 3. If a local government makes a second request for
320 additional information from the applicant and the applicant
321 submits the requested additional information to the local
322 government within 30 days after receiving the request, the local
323 government must, within 10 days after receiving such
324 information:
325 a. Determine if the application is properly completed;
326 b. Approve the application;
327 c. Approve the application with conditions;
328 d. Deny the application; or
329 e. Advise the applicant of information, if any, that is
330 needed to deem the application properly completed or to
331 determine the sufficiency of the application.
332 4. Before a third request for additional information may be
333 made, the applicant must be offered an opportunity to meet with
334 the local government to attempt to resolve outstanding issues.
335 If a local government makes a third request for additional
336 information from the applicant and the applicant submits the
337 requested additional information to the local government within
338 30 days after receiving the request, the local government must,
339 within 10 days after receiving such information unless the
340 applicant waived the local government’s limitation in writing,
341 determine that the application is complete and:
342 a. Approve the application;
343 b. Approve the application with conditions; or
344 c. Deny the application.
345 5. If the applicant believes the request for additional
346 information is not authorized by ordinance, rule, statute, or
347 other legal authority, the local government, at the applicant’s
348 request, must process the application and either approve the
349 application, approve the application with conditions, or deny
350 the application.
351 (e)(c) If a local government fails to meet a deadline under
352 this subsection provided in paragraphs (a) and (b), it must
353 reduce the building permit fee by 10 percent for each business
354 day that it fails to meet the deadline, unless the parties agree
355 in writing to a reasonable extension of time. Each 10-percent
356 reduction shall be based on the original amount of the building
357 permit fee, unless the parties agree to an extension of time.
358 (f) A local enforcement agency does not have to reduce the
359 building permit fee if it provides written notice to the
360 applicant by e-mail or United States Postal Service within the
361 respective timeframes in paragraph (a) which specifically states
362 the reasons the permit application fails to satisfy the Florida
363 Building Code or the enforcing agency’s laws or ordinances. The
364 written notice must also state that the applicant has 10
365 business days after receiving the written notice to submit
366 revisions to correct the permit application and that failure to
367 correct the application within 10 business days will result in a
368 denial of the application.
369 (g) If the applicant submits revisions within 10 business
370 days after receiving the written notice, the local enforcement
371 agency has 10 business days after receiving such revisions to
372 approve or deny the building permit unless the applicant agrees
373 to a longer period in writing. If the local enforcement agency
374 fails to issue or deny the building permit within 10 business
375 days after receiving the revisions, it must reduce the building
376 permit fee by 20 percent for each business day that it fails to
377 meet the deadline unless the applicant agrees to a longer period
378 in writing.
379 (2)(a) The procedures set forth in subsection (1) apply to
380 the following building permit applications: accessory structure;
381 alarm permit; nonresidential buildings less than 25,000 square
382 feet; electric; irrigation permit; landscaping; mechanical;
383 plumbing; residential units other than a single family unit;
384 multifamily residential not exceeding 50 units; roofing; signs;
385 site-plan approvals and subdivision plats not requiring public
386 hearings or public notice; and lot grading and site alteration
387 associated with the permit application set forth in this
388 subsection. The procedures set forth in subsection (1) do not
389 apply to permits for any wireless communications facilities or
390 when a law, agency rule, or local ordinance specify different
391 timeframes for review of local building permit applications.
392 (b) If a local government has different timeframes than the
393 timeframes set forth in subsection (1) for reviewing building
394 permit applications described in paragraph (a), the local
395 government must meet the deadlines established by local
396 ordinance. If a local government does not meet an established
397 deadline to approve, approve with conditions, or deny an
398 application, it must reduce the building permit fee by 10
399 percent for each business day that it fails to meet the
400 deadline. Each 10-percent reduction shall be based on the
401 original amount of the building permit fee, unless the parties
402 agree to an extension of time. This paragraph does not apply to
403 permits for any wireless communications facilities.
404 Section 6. Paragraph (a) of subsection (7) of section
405 553.80, Florida Statutes, is amended to read:
406 553.80 Enforcement.—
407 (7)(a) The governing bodies of local governments may
408 provide a schedule of reasonable fees, as authorized by s.
409 125.56(2) or s. 166.222 and this section, for enforcing this
410 part. These fees, and any fines or investment earnings related
411 to the fees, may shall be used only solely for carrying out the
412 local government’s responsibilities in enforcing the Florida
413 Building Code. When providing a schedule of reasonable fees, the
414 total estimated annual revenue derived from fees, and the fines
415 and investment earnings related to the fees, may not exceed the
416 total estimated annual costs of allowable activities. Any
417 unexpended balances must be carried forward to future years for
418 allowable activities or must be refunded at the discretion of
419 the local government. A local government may not carry forward
420 an amount exceeding the average of its operating budget for
421 enforcing the Florida Building Code for the previous 4 fiscal
422 years. For purposes of this subsection, the term “operating
423 budget” does not include reserve amounts. Any amount exceeding
424 this limit must be used as authorized in subparagraph 2.
425 However, a local government that established, as of January 1,
426 2019, a Building Inspections Fund Advisory Board consisting of
427 five members from the construction stakeholder community and
428 carries an unexpended balance in excess of the average of its
429 operating budget for the previous 4 fiscal years may continue to
430 carry such excess funds forward upon the recommendation of the
431 advisory board. The basis for a fee structure for allowable
432 activities must relate to the level of service provided by the
433 local government and must include consideration for refunding
434 fees due to reduced services based on services provided as
435 prescribed by s. 553.791, but not provided by the local
436 government. Fees charged must be consistently applied.
437 1. As used in this subsection, the phrase “enforcing the
438 Florida Building Code” includes the direct costs and reasonable
439 indirect costs associated with review of building plans,
440 building inspections, reinspections, and building permit
441 processing; building code enforcement; and fire inspections
442 associated with new construction. The phrase may also include
443 training costs associated with the enforcement of the Florida
444 Building Code and enforcement action pertaining to unlicensed
445 contractor activity to the extent not funded by other user fees.
446 2. A local government must use any excess funds that it is
447 prohibited from carrying forward to rebate and reduce fees, to
448 upgrade hardware and software technology systems to enhance
449 service delivery, or to pay for the construction of a building
450 or structure that houses a local government’s building code
451 enforcement agency, or for the training programs for building
452 officials, inspectors, or plans examiners associated with the
453 enforcement of the Florida Building Code. Excess funds used to
454 construct such a building or structure must be designated for
455 such purpose by the local government and may not be carried
456 forward for more than 4 consecutive years. An owner or builder
457 who has a valid building permit issued by a local government for
458 a fee, or an association of owners or builders located in the
459 state that has members with valid building permits issued by a
460 local government for a fee, may bring a civil action against the
461 local government that issued the permit for a fee to enforce
462 this subparagraph.
463 3. The following activities may not be funded with fees
464 adopted for enforcing the Florida Building Code:
465 a. Planning and zoning or other general government
466 activities.
467 b. Inspections of public buildings for a reduced fee or no
468 fee.
469 c. Public information requests, community functions,
470 boards, and any program not directly related to enforcement of
471 the Florida Building Code.
472 d. Enforcement and implementation of any other local
473 ordinance, excluding validly adopted local amendments to the
474 Florida Building Code and excluding any local ordinance directly
475 related to enforcing the Florida Building Code as defined in
476 subparagraph 1.
477 4. A local government must use recognized management,
478 accounting, and oversight practices to ensure that fees, fines,
479 and investment earnings generated under this subsection are
480 maintained and allocated or used solely for the purposes
481 described in subparagraph 1.
482 5. The local enforcement agency, independent district, or
483 special district may not require at any time, including at the
484 time of application for a permit, the payment of any additional
485 fees, charges, or expenses associated with:
486 a. Providing proof of licensure under chapter 489;
487 b. Recording or filing a license issued under this chapter;
488 c. Providing, recording, or filing evidence of workers’
489 compensation insurance coverage as required by chapter 440; or
490 d. Charging surcharges or other similar fees not directly
491 related to enforcing the Florida Building Code.
492
493 ================= T I T L E A M E N D M E N T ================
494 And the title is amended as follows:
495 Delete lines 23 - 54
496 and insert:
497 creates the program; amending s. 553.73, F.S.;
498 requiring the Florida Building Commission to modify a
499 specific provision of the Florida Building Code to
500 state that sealed drawings by a design professional
501 are not required for replacement and installation of
502 certain construction; requiring replacement windows,
503 doors, and garage doors to be installed in accordance
504 with the manufacturer’s instructions for appropriate
505 wind zones and to meet certain design pressures of the
506 Florida Building Code; requiring the manufacturer’s
507 instructions to be submitted with the permit
508 application for such replacements; defining the term
509 “windborne debris region”; providing construction;
510 amending s. 553.79, F.S.; removing provisions relating
511 to acquiring building permits for certain residential
512 dwellings; amending s. 553.791, F.S.; defining the
513 term “private provider firm”; requiring a fee owner or
514 the fee owner’s contractor to provide a specified
515 acknowledgment when notifying a local building
516 official that a private provider will be used to
517 provide building code inspection services; requiring
518 the local building official to issue a permit or
519 provide specified written notice to the permit
520 applicant within a certain timeframe; requiring that
521 such written notice provide specific information;
522 providing that the permit application is deemed
523 approved, and must be issued on the next business day,
524 if the local building official does not meet the
525 prescribed deadline; amending s. 553.792, F.S.;
526 revising the timeframes for approving, approving with
527 conditions, or denying certain building permits;
528 requiring the local government to follow the
529 prescribed timeframes unless those set by local
530 ordinance are more stringent; requiring a local
531 government to provide written notice to an applicant
532 under certain circumstances; requiring a local
533 government to reduce permit fees by a certain
534 percentage if certain deadlines are not met; providing
535 an exception; specifying requirements for the written
536 notice to the permit applicant; specifying a timeframe
537 for the applicant to correct the application;
538 specifying a timeframe for the local government and
539 local enforcement agency to approve or deny certain
540 building permits following revision; requiring a
541 reduction in the building permit fee if the approval
542 deadline is not met; providing an exception; amending
543 s. 553.80, F.S.; authorizing local governments to use
544 certain fees for certain technology upgrades; making
545 technical changes;