Florida Senate - 2021 SB 1788
By Senator Boyd
21-01733A-21 20211788__
1 A bill to be entitled
2 An act relating to construction permits; amending s.
3 125.022, F.S.; revising procedures for counties
4 reviewing applications for development permits and
5 orders; amending s. 125.56, F.S.; revising
6 requirements for a county to post certain information
7 on its website; requiring that certain items be able
8 to be submitted electronically to the building
9 department; amending s. 166.033, F.S.; revising
10 procedures for municipalities reviewing applications
11 for development permits and orders; amending s.
12 553.79, F.S.; revising requirements for a local
13 enforcement agency to post certain information on its
14 website; requiring that certain items be able to be
15 submitted electronically to the building department;
16 revising procedures for the issuance of building
17 permits for single-family residential dwellings;
18 requiring local enforcing agencies to reduce building
19 permit fees under certain circumstances; providing
20 requirements for such reductions; amending s. 553.792,
21 F.S.; requiring local governments to reduce building
22 permit fees under certain circumstances; providing
23 requirements for such reductions; providing
24 applicability; amending s. 553.794, F.S.; requiring
25 local building departments to reduce building permit
26 fees under certain circumstances; amending s. 713.135,
27 F.S.; prohibiting authorities from requiring
28 applicants to provide certain contracts as a condition
29 of receiving a building permit; providing
30 applicability; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (2) of section 125.022, Florida
35 Statutes, is amended to read:
36 125.022 Development permits and orders.—
37 (2)(a) When reviewing an application for a development
38 permit or development order that is certified by a professional
39 listed in s. 403.0877, a county may not request additional
40 information from the applicant more than three times, unless the
41 applicant waives the limitation in writing.
42 (b) If a county makes a second request for additional
43 information and the applicant submits the required additional
44 information within 30 days after receiving the request, the
45 county must review the application for completeness and issue a
46 letter indicating that all required information has been
47 submitted or specify with particularity any areas that are
48 deficient within 10 days after receiving the additional
49 information.
50 (c) Before a third request for additional information, the
51 applicant must be offered a meeting to attempt to resolve
52 outstanding issues. If a county makes a third request for
53 additional information and the applicant submits the required
54 additional information within 30 days after receiving the
55 request, the county must deem the application complete within 10
56 days or proceed to process the application for approval or
57 denial unless the applicant waived the county’s limitation in
58 writing as described in paragraph (a).
59 (d) Except as provided in subsection (5), if the applicant
60 believes the request for additional information is not
61 authorized by ordinance, rule, statute, or other legal
62 authority, the county, at the applicant’s request, shall proceed
63 to process the application for approval or denial.
64 Section 2. Paragraph (b) of subsection (4) of section
65 125.56, Florida Statutes, is amended, and paragraph (f) is added
66 to that subsection, to read:
67 125.56 Enforcement and amendment of the Florida Building
68 Code and the Florida Fire Prevention Code; inspection fees;
69 inspectors; etc.—
70 (4)
71 (b) A county that issues building permits shall post each
72 type of building permit application, including a list of all
73 required attachments, drawings, or other requirements for each
74 type of application, on its website. A county must post and
75 update the status of every received application on its website
76 until the issuance of the building permit. Completed
77 applications, including payments, attachments, drawings, or
78 other requirements or parts of the completed permit application,
79 must be able to be submitted electronically to the county
80 building department. Accepted methods of electronic submission
81 include, but are not limited to, e-mail submission of
82 applications in Portable Document Format or submission of
83 applications through an electronic fill-in form available on the
84 building department’s website or through a third-party
85 submission management software. Completed applications,
86 including payments, attachments, or drawings, or other
87 requirements or parts required as part of the completed permit
88 application, may also be submitted in person in a nonelectronic
89 format, at the discretion of the building official.
90 (f) A county that issues building permits must post its
91 procedures for processing, reviewing, and approving submitted
92 building permit applications on its website.
93 Section 3. Subsection (2) of section 166.033, Florida
94 Statutes, is amended to read:
95 166.033 Development permits and orders.—
96 (2)(a) When reviewing an application for a development
97 permit or development order that is certified by a professional
98 listed in s. 403.0877, a municipality may not request additional
99 information from the applicant more than three times, unless the
100 applicant waives the limitation in writing.
101 (b) If a municipality makes a second request for additional
102 information and the applicant submits the required additional
103 information within 30 days after receiving the request, the
104 municipality must review the application for completeness and
105 issue a letter indicating that all required information was
106 submitted or specify with particularity any areas that are
107 deficient within 10 days after receiving the additional
108 information.
109 (c) Before a third request for additional information, the
110 applicant must be offered a meeting to attempt to resolve
111 outstanding issues. If a municipality makes a third request for
112 additional information and the applicant submits the required
113 additional information within 30 days after receiving the
114 request, the municipality must deem the application complete
115 within 10 days or proceed to process the application for
116 approval or denial unless the applicant waived the
117 municipality’s limitation in writing as described in paragraph
118 (a).
119 (d) Except as provided in subsection (5), if the applicant
120 believes the request for additional information is not
121 authorized by ordinance, rule, statute, or other legal
122 authority, the municipality, at the applicant’s request, shall
123 proceed to process the application for approval or denial.
124 Section 4. Paragraph (b) of subsection (1) and subsection
125 (14) of section 553.79, Florida Statutes, are amended, and
126 paragraph (d) is added to subsection (1) of that section, to
127 read:
128 553.79 Permits; applications; issuance; inspections.—
129 (1)
130 (b) A local enforcement agency shall post each type of
131 building permit application, including a list of all required
132 attachments, drawings, or any other requirement for each type of
133 application, on its website. A local enforcement agency must
134 post the current status of every received application on its
135 website until the issuance of the building permit. Completed
136 applications, including payments, attachments, drawings, or any
137 other requirements or parts of the completed permit application,
138 must be able to be submitted electronically to the appropriate
139 building department. Accepted methods of electronic submission
140 include, but are not limited to, e-mail submission of
141 applications in Portable Document Format or submission of
142 applications through an electronic fill-in form available on the
143 building department’s website or through a third-party
144 submission management software. Completed applications,
145 including payments, attachments, or drawings, or any other
146 requirements or parts required as part of the completed permit
147 application, may also be submitted in person in a nonelectronic
148 format, at the discretion of the building official.
149 (d) A local enforcement agency must post its procedures for
150 processing, reviewing, and approving submitted building permit
151 applications on its website.
152 (14) A building permit for a single-family residential
153 dwelling must be issued within 30 business working days of
154 receiving the application unless application therefor unless
155 unusual circumstances require a longer time for processing the
156 application or unless the permit application fails to satisfy
157 the Florida Building Code or the enforcing agency’s laws or
158 ordinances.
159 (a) If a local enforcing agency fails to issue a building
160 permit for a single-family residential dwelling within 30
161 business days after receiving the application, it must reduce
162 the building permit fee by 10 percent for each day that the
163 enforcing agency fails to meet the deadline. Each 10 percent
164 reduction shall be based on the original amount of the building
165 permit fee.
166 (b) A local enforcing agency does not have to reduce such
167 fee if the enforcing agency provides written notice to the
168 applicant, by e-mail or United States Postal Service within 30
169 business days after receiving the application, that specifically
170 states why the application fails to satisfy the Florida Building
171 Code or the enforcing agency’s laws or ordinances.
172 (c) The applicant has 10 business days to address the
173 reasons specified by the local enforcing agency to submit
174 revisions to correct the application. If the permit applicant
175 submits revisions within 10 business days after receiving the
176 notice, the local enforcing agency has 10 business days to
177 approve or deny the permit unless the applicant agrees in
178 writing to a longer period. If the local enforcing agency fails
179 to issue or deny the building permit within 10 business days
180 after receiving the revisions, it must reduce the permit fee by
181 20 percent for the first day that the enforcing agency fails to
182 meet the deadline unless the applicant agrees in writing to a
183 longer period. For each additional business day after the first
184 day that the enforcing agency fails to meet the deadline, the
185 permit fee must be reduced by an additional 10 percent for each
186 business day that the enforcing agency fails to meet the
187 deadline, for up to 5 business days. Each reduction shall be
188 based on the original amount of the building permit fee.
189 Section 5. Section 553.792, Florida Statutes, is amended to
190 read:
191 553.792 Building permit application to local government.—
192 (1)(a) Within 10 days of an applicant submitting an
193 application to the local government, the local government shall
194 advise the applicant what information, if any, is needed to deem
195 the application properly completed in compliance with the filing
196 requirements published by the local government. If the local
197 government does not provide written notice that the applicant
198 has not submitted the properly completed application, the
199 application shall be automatically deemed properly completed and
200 accepted. Within 45 days after receiving a completed
201 application, a local government must notify an applicant if
202 additional information is required for the local government to
203 determine the sufficiency of the application, and shall specify
204 the additional information that is required. The applicant must
205 submit the additional information to the local government or
206 request that the local government act without the additional
207 information. While the applicant responds to the request for
208 additional information, the 120-day period described in this
209 subsection is tolled. Both parties may agree to a reasonable
210 request for an extension of time, particularly in the event of a
211 force majeure major or other extraordinary circumstance. The
212 local government must approve, approve with conditions, or deny
213 the application within 120 days following receipt of a completed
214 application.
215 (b) If a local government does not meet a deadline provided
216 for in paragraph (a), it must reduce the building permit fee by
217 10 percent for each business day that the enforcing agency fails
218 to meet the deadline. Each 10 percent reduction shall be based
219 on the original amount of the building permit fee, unless the
220 parties agree to an extension of time.
221 (2)(a) The procedures set forth in subsection (1) apply to
222 the following building permit applications: accessory structure;
223 alarm permit; nonresidential buildings less than 25,000 square
224 feet; electric; irrigation permit; landscaping; mechanical;
225 plumbing; residential units other than a single family unit;
226 multifamily residential not exceeding 50 units; roofing; signs;
227 site-plan approvals and subdivision plats not requiring public
228 hearings or public notice; and lot grading and site alteration
229 associated with the permit application set forth in this
230 subsection. The procedures set forth in subsection (1) do not
231 apply to permits for any wireless communications facilities or
232 when a law, agency rule, or local ordinance specify different
233 timeframes for review of local building permit applications.
234 (b) If a local government has different timeframes than the
235 procedures set forth in subsection (1) for reviewing building
236 permit applications described in paragraph (a), the local
237 government must meet the deadlines established by local
238 ordinance. If a local government does not meet an established
239 deadline to approve, approve with conditions, or deny an
240 application, it must reduce the building permit fee by 10
241 percent for each business day the enforcing agency fails to meet
242 the deadline. Each 10 percent reduction shall be based on the
243 original amount of the building permit fee, unless the parties
244 agree to an extension of time. This paragraph does not apply to
245 permits for any wireless communications facilities.
246 Section 6. Paragraph (c) of subsection (5) of section
247 553.794, Florida Statutes, is amended to read:
248 553.794 Local government residential master building permit
249 program.—
250 (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.—
251 (c) The local building department must approve or deny a
252 master building permit application within 120 days after the
253 local building department receives a completed application,
254 unless the applicant agrees to a longer period. If a local
255 building department fails to approve or deny a master building
256 permit application within 120 days after receiving the completed
257 application, it must reduce the building permit fee by 10
258 percent for each day the enforcing agency fails to meet the
259 deadline, unless the applicant agrees to a longer time period.
260 Each 10 percent reduction shall be based on the original amount
261 of the building permit fee.
262 Section 7. Present subsections (6) and (7) of section
263 713.135, Florida Statutes, are redesignated as subsections (7)
264 and (8), respectively, and a new subsection (6) is added to that
265 section, to read:
266 713.135 Notice of commencement and applicability of lien.—
267 (6) An authority that issues building permits may not
268 require an applicant to provide a direct contract or a contract
269 between a contractor and any other lienor as a condition of the
270 application for, or processing or issuance of, a building permit
271 for the construction of improvements or for the alteration or
272 repair of improvements on or to commercial property. This
273 subsection does not apply to the construction of improvements or
274 the alteration or repair of improvements owned or leased by the
275 Federal Government; the state or any county, city, or political
276 subdivision thereof; or other public authority.
277 Section 8. This act shall take effect October 1, 2021.