Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 684
       
       
       
       
       
       
                                Ì8242384Î824238                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2024           .                                
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 261 - 526
    4  and insert:
    5  (o) of subsection (1), paragraph (c) of subsection (4),
    6  subsection (5), paragraphs (b) and (d) of subsection (7),
    7  paragraph (b) of present subsection (13), paragraph (b) of
    8  present subsection (16), and present subsection (19) of that
    9  section are amended, to read:
   10         553.791 Alternative plans review and inspection.—
   11         (1) As used in this section, the term:
   12         (o) “Private provider firm” means a business organization,
   13  including a corporation, partnership, business trust, or other
   14  legal entity, which offers services under this chapter to the
   15  public through licensees who are acting as agents, employees,
   16  officers, or partners of the firm. A person who is licensed as a
   17  building code administrator under part XII of chapter 468, as an
   18  engineer under chapter 471, or as an architect under chapter 481
   19  may act as a private provider for an agent, employee, or officer
   20  of the private provider firm.
   21         (p)(o) “Request for certificate of occupancy or certificate
   22  of completion” means a properly completed and executed
   23  application for:
   24         1. A certificate of occupancy or certificate of completion.
   25         2. A certificate of compliance from the private provider
   26  required under subsection (13) (12).
   27         3. Any applicable fees.
   28         4. Any documents required by the local building official to
   29  determine that the fee owner has secured all other government
   30  approvals required by law.
   31         (4) A fee owner or the fee owner’s contractor using a
   32  private provider to provide building code inspection services
   33  shall notify the local building official in writing at the time
   34  of permit application, or by 2 p.m. local time, 2 business days
   35  before the first scheduled inspection by the local building
   36  official or building code enforcement agency that a private
   37  provider has been contracted to perform the required inspections
   38  of construction under this section, including single-trade
   39  inspections, on a form to be adopted by the commission. This
   40  notice shall include the following information:
   41         (c) An acknowledgment from the fee owner or the fee owner’s
   42  contractor in substantially the following form:
   43  
   44         I have elected to use one or more private providers to
   45         provide building code plans review and/or inspection
   46         services on the building or structure that is the
   47         subject of the enclosed permit application, as
   48         authorized by s. 553.791, Florida Statutes. I
   49         understand that the local building official may not
   50         review the plans submitted or perform the required
   51         building inspections to determine compliance with the
   52         applicable codes, except to the extent specified in
   53         said law. Instead, plans review and/or required
   54         building inspections will be performed by licensed or
   55         certified personnel identified in the application. The
   56         law requires minimum insurance requirements for such
   57         personnel, but I understand that I may require more
   58         insurance to protect my interests. By executing this
   59         form, I acknowledge that I have made inquiry regarding
   60         the competence of the licensed or certified personnel
   61         and the level of their insurance and am satisfied that
   62         my interests are adequately protected. I agree to
   63         indemnify, defend, and hold harmless the local
   64         government, the local building official, and their
   65         building code enforcement personnel from any and all
   66         claims arising from my use of these licensed or
   67         certified personnel to perform building code
   68         inspection services with respect to the building or
   69         structure that is the subject of the enclosed permit
   70         application.
   71  
   72  If the fee owner or the fee owner’s contractor makes any changes
   73  to the listed private providers or the services to be provided
   74  by those private providers, the fee owner or the fee owner’s
   75  contractor shall, within 1 business day after any change or
   76  within 2 business days before the next scheduled inspection,
   77  update the notice to reflect such changes. A change of a duly
   78  authorized representative named in the permit application does
   79  not require a revision of the permit, and the building code
   80  enforcement agency shall not charge a fee for making the change.
   81  
   82         (5) After construction has commenced and if the local
   83  building official is unable to provide inspection services in a
   84  timely manner, the fee owner or the fee owner’s contractor may
   85  elect to use a private provider to provide inspection services
   86  by notifying the local building official of the owner’s or
   87  contractor’s intention to do so by 2 p.m. local time, 2 business
   88  days before the next scheduled inspection using the notice
   89  provided for in paragraphs (4)(a)-(c).
   90         (7)
   91         (b) If the local building official provides a written
   92  notice of plan deficiencies to the permit applicant within the
   93  prescribed 20-day period, the 20-day period shall be tolled
   94  pending resolution of the matter. To resolve the plan
   95  deficiencies, the permit applicant may elect to dispute the
   96  deficiencies pursuant to subsection (15) (14) or to submit
   97  revisions to correct the deficiencies.
   98         (d) If the local building official provides a second
   99  written notice of plan deficiencies to the permit applicant
  100  within the prescribed time period, the permit applicant may
  101  elect to dispute the deficiencies pursuant to subsection (15)
  102  (14) or to submit additional revisions to correct the
  103  deficiencies. For all revisions submitted after the first
  104  revision, the local building official has an additional 5
  105  business days from the date of resubmittal to issue the
  106  requested permit or to provide a written notice to the permit
  107  applicant stating which of the previously identified plan
  108  features remain in noncompliance with the applicable codes, with
  109  specific reference to the relevant code chapters and sections.
  110         (10) When the private provider is a person licensed as an
  111  engineer under chapter 471 or as an architect under chapter 481
  112  and affixes his or her professional seal to the affidavit
  113  required under subsection (6), the local building official must
  114  issue the requested permit or provide a written notice to the
  115  permit applicant identifying the specific plan features that do
  116  not comply with the applicable codes, as well as the specific
  117  code chapters and sections, within 12 business days after
  118  receipt of the permit application and affidavit. In such written
  119  notice, the local building official shall provide with
  120  specificity the plan’s deficiencies, the reasons the permit
  121  application failed, and the applicable codes being violated. If
  122  the local building official does not provide specific written
  123  notice to the permit applicant within the prescribed 12-day
  124  period, the permit application is deemed approved as a matter of
  125  law, and the permit must be issued by the local building
  126  official on the next business day.
  127         (14)(13)
  128         (b) If the local building official does not provide notice
  129  of the deficiencies within the applicable time periods under
  130  paragraph (a), the request for a certificate of occupancy or
  131  certificate of completion is automatically granted and deemed
  132  issued as of the next business day. The local building official
  133  must provide the applicant with the written certificate of
  134  occupancy or certificate of completion within 10 days after it
  135  is automatically granted and issued. To resolve any identified
  136  deficiencies, the applicant may elect to dispute the
  137  deficiencies pursuant to subsection (15) (14) or to submit a
  138  corrected request for a certificate of occupancy or certificate
  139  of completion.
  140         (17)(16)
  141         (b) A local enforcement agency, local building official, or
  142  local government may establish, for private provider firms,
  143  private providers, and duly authorized representatives working
  144  within that jurisdiction, a system of registration to verify
  145  compliance with the licensure requirements of paragraph (1)(n)
  146  and the insurance requirements of subsection (18) (17).
  147         (20)(19)A Each local building code enforcement agency may
  148  not audit the performance of building code inspection services
  149  by private providers operating within the local jurisdiction
  150  until the agency has created a manual for standard operating
  151  audit procedures for the agency’s internal inspection and review
  152  staff which includes, at a minimum, the audit purpose and scope,
  153  audit criteria, an explanation of audit processes and
  154  objectives, and detailed findings of areas of noncompliance. The
  155  manual must be publicly available online or the printed manual
  156  must be readily accessible in building department offices, and
  157  the audit results of the staff for the prior two quarters must
  158  be publicly available. The agency’s private provider audit
  159  processes must adhere to the agency’s posted standard operating
  160  audit procedures. However, The same private provider may not be
  161  audited more than four times in a year month unless the local
  162  building official determines a condition of a building
  163  constitutes an immediate threat to public safety and welfare,
  164  which must be communicated in writing to the private provider or
  165  private provider firm. Work on a building or structure may
  166  proceed after inspection and approval by a private provider. if
  167  the provider has given notice of the inspection pursuant to
  168  subsection (9) and, subsequent to such inspection and approval,
  169  The work may shall not be delayed for completion of an
  170  inspection audit by the local building code enforcement agency.
  171         Section 5. Subsections (1) and (2) of section 553.792,
  172  Florida Statutes, are amended to read:
  173         553.792 Building permit application to local government.—
  174         (1)(a) A local government shall approve, approve with
  175  conditions, or deny a building permit application after receipt
  176  of a completed and sufficient application within the following
  177  timeframes, unless the applicant waives such timeframes in
  178  writing:
  179         1. Within 30 business days after receiving a complete and
  180  sufficient application, for an applicant using a local
  181  government plans reviewer to obtain the following building
  182  permits for structures less than 7,500 square feet: residential
  183  units including a single-family residential unit or a single
  184  family residential dwelling, accessory structure, alarm,
  185  electrical, irrigation, landscaping, mechanical, plumbing, or
  186  roofing.
  187         2.Within 60 business days after receiving a complete and
  188  sufficient application, for an applicant using a local
  189  government plans reviewer to obtain the following building
  190  permits for structures of 7,500 square feet or greater:
  191  residential units including a single-family residential unit or
  192  a single-family residential dwelling, accessory structure,
  193  alarm, electrical, irrigation, landscaping, mechanical,
  194  plumbing, or roofing.
  195         3. Within 60 business days after receiving a complete and
  196  sufficient application, for an applicant using a local
  197  government plans reviewer to obtain the following building
  198  permits: signs or nonresidential buildings less than 25,000
  199  square feet.
  200         4. Within 120 business days after receiving a complete and
  201  sufficient application, for an applicant using a local
  202  government plans reviewer to obtain the following building
  203  permits: multifamily residential not exceeding 50 units; site
  204  plan approvals and subdivision plats not requiring public
  205  hearing or public notice; and lot grading and site alteration.
  206         5. Within 15 business days after receiving a complete and
  207  sufficient application, for an applicant using a master building
  208  permit consistent with s. 553.794 to obtain a site-specific
  209  building permit.
  210         6. Within 10 business days after receiving a complete and
  211  sufficient application, for an applicant for a single-family
  212  residential dwelling applied for by a contractor licensed in
  213  this state on behalf of a property owner who participates in a
  214  Community Development Block Grant-Disaster Recovery program
  215  administered by the Department of Commerce, unless the permit
  216  application fails to satisfy the Florida Building Code or the
  217  enforcing agency’s laws or ordinances.
  218  
  219  However, the local government may not require the waiver as a
  220  condition precedent to reviewing an applicant’s building permit
  221  application.
  222         (b)A local government must meet the timeframes set forth
  223  in this section for reviewing building permit applications
  224  unless the timeframes set by local ordinance are more stringent
  225  than those prescribed in this section.
  226         (c) After Within 10 days of an applicant submits submitting
  227  an application to the local government, the local government
  228  must provide written notice to the applicant within 5 business
  229  days after receipt of the application advising shall advise the
  230  applicant what information, if any, is needed to deem or
  231  determine that the application is properly completed in
  232  compliance with the filing requirements published by the local
  233  government. If the local government does not provide timely
  234  written notice that the applicant has not submitted the properly
  235  completed application, the application is shall be automatically
  236  deemed or determined to be properly completed and accepted.
  237  Within 45 days after receiving a completed application, a local
  238  government must notify an applicant if additional information is
  239  required for the local government to determine the sufficiency
  240  of the application, and shall specify the additional information
  241  that is required. The applicant must submit the additional
  242  information to the local government or request that the local
  243  government act without the additional information. While the
  244  applicant responds to the request for additional information,
  245  the 120-day period described in this subsection is tolled. Both
  246  parties may agree to a reasonable request for an extension of
  247  time, particularly in the event of a force majeure or other
  248  extraordinary circumstance. The local government must approve,
  249  approve with conditions, or deny the application within 120 days
  250  following receipt of a completed application.
  251         (d) A local government shall maintain on its website a
  252  policy containing procedures and expectations for expedited
  253  processing of those building permits and development orders
  254  required by law to be expedited.
  255         (b)1. When reviewing an application for a building permit,
  256  a local government may not request additional information from
  257  the applicant more than three times, unless the applicant waives
  258  such limitation in writing.
  259         2. If a local government requests additional information
  260  from an applicant and the applicant submits the requested
  261  additional information to the local government within 30 days
  262  after receiving the request, the local government must, within
  263  15 days after receiving such information:
  264         a. Determine if the application is properly completed;
  265         b. Approve the application;
  266         c. Approve the application with conditions;
  267         d. Deny the application; or
  268         e. Advise the applicant of information, if any, that is
  269  needed to deem the application properly completed or to
  270  determine the sufficiency of the application.
  271         3. If a local government makes a second request for
  272  additional information from the applicant and the applicant
  273  submits the requested additional information to the local
  274  government within 30 days after receiving the request, the local
  275  government must, within 10 days after receiving such
  276  information:
  277         a. Determine if the application is properly completed;
  278         b. Approve the application;
  279         c. Approve the application with conditions;
  280         d. Deny the application; or
  281         e. Advise the applicant of information, if any, that is
  282  needed to deem the application properly completed or to
  283  determine the sufficiency of the application.
  284         4. Before a third request for additional information may be
  285  made, the applicant must be offered an opportunity to meet with
  286  the local government to attempt to resolve outstanding issues.
  287  If a local government makes a third request for additional
  288  information from the applicant and the applicant submits the
  289  requested additional information to the local government within
  290  30 days after receiving the request, the local government must,
  291  within 10 days after receiving such information unless the
  292  applicant waived the local government’s limitation in writing,
  293  determine that the application is complete and:
  294         a. Approve the application;
  295         b. Approve the application with conditions; or
  296         c. Deny the application.
  297         5. If the applicant believes the request for additional
  298  information is not authorized by ordinance, rule, statute, or
  299  other legal authority, the local government, at the applicant’s
  300  request, must process the application and either approve the
  301  application, approve the application with conditions, or deny
  302  the application.
  303         (e)(c) If a local government fails to meet a deadline under
  304  this subsection provided in paragraphs (a) and (b), it must
  305  reduce the building permit fee by 10 percent for each business
  306  day that it fails to meet the deadline, unless the parties agree
  307  in writing to a reasonable extension of time, the delay is
  308  caused by the applicant, or the delay is attributable to a force
  309  majeure or other extraordinary circumstances. Each 10-percent
  310  
  311  ================= T I T L E  A M E N D M E N T ================
  312  And the title is amended as follows:
  313         Delete lines 39 - 61
  314  and insert:
  315         term “private provider firm”; requiring a fee owner or
  316         the fee owner’s contractor to annually provide the
  317         local building official with specified information and
  318         a specified acknowledgment; requiring the local
  319         building official to issue a permit or provide written
  320         notice to the applicant with certain information if
  321         the private provider is a licensed engineer or
  322         architect who affixes his or her professional seal to
  323         the affidavit; providing that the permit application
  324         is deemed approved, and must be issued on the next
  325         business day, if the local building official does not
  326         meet the prescribed deadline; prohibiting a local
  327         building code enforcement agency from auditing the
  328         performance of building code inspection services by
  329         private providers until the agency has created a
  330         manual for standard operating audit procedures for the
  331         agency’s internal inspection and review staff;
  332         providing requirements for the manual; requiring that
  333         the manual be made publicly available; requiring the
  334         agency to make publicly available its audits for the
  335         two prior fiscal quarters; revising the number of
  336         times a private provider may be audited within a
  337         specified timeframe; requiring the agency to notify,
  338         in writing, the private provider or private provider
  339         firm of any additional audits; conforming provisions
  340         to changes made by the act; making technical changes;
  341         amending s. 553.792, F.S.; revising the timeframes for
  342         approving, approving with conditions, or denying
  343         certain building permits; prohibiting the local
  344         government from requiring a waiver of such timeframes
  345         as a condition precedent to reviewing an applicant’s
  346         building permit application; requiring the local
  347         government to follow the prescribed timeframes unless
  348         those set by local ordinance are more stringent;
  349         requiring a local government to provide written notice
  350         to an applicant under certain circumstances; requiring
  351         a local government to reduce permit fees by a certain
  352         percentage if certain deadlines are not met; providing
  353         exceptions; specifying requirements for the written