Florida Senate - 2024                                     SB 684
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00696-24                                            2024684__
    1                        A bill to be entitled                      
    2         An act relating to residential building permits;
    3         creating s. 177.073, F.S.; defining terms; requiring
    4         certain governing bodies, by a date certain, to create
    5         a program to expedite the process for issuing
    6         residential building permits before a final plat is
    7         recorded; providing an exception; requiring a
    8         governing body to create certain processes for
    9         purposes of the program; authorizing applicants to use
   10         a private provider for certain reviews; authorizing a
   11         governing body to issue addresses and temporary parcel
   12         identification numbers for specified purposes;
   13         requiring a governing body to issue a certain number
   14         or percentage of building permits requested in an
   15         application when certain conditions are met; providing
   16         certain conditions for applicants who apply to the
   17         program; providing that an applicant has a vested
   18         right in an approved preliminary plat when certain
   19         conditions are met; requiring local building officials
   20         to mail a signed, certified letter with specified
   21         information to the Department of Business and
   22         Professional Regulation after the governing body
   23         creates the program; amending s. 553.79, F.S.;
   24         removing provisions relating to acquiring building
   25         permits for certain residential dwellings; amending s.
   26         553.791, F.S.; requiring local jurisdictions to reduce
   27         permit fees by a certain percentage under certain
   28         circumstances; amending s. 553.792, F.S.; revising the
   29         timeframes for approving or denying certain building
   30         permits; requiring local governments to provide
   31         written notice to an applicant under certain
   32         circumstances; revising the number of times that a
   33         local government may request additional information
   34         from an applicant; providing the circumstances under
   35         which a permit application is deemed complete and
   36         sufficient; requiring local governments to offer
   37         applicants the opportunity for an in-person or virtual
   38         meeting before a second request for additional
   39         information may be made; reducing permit fees by a
   40         certain percentage if certain timeframes are not met;
   41         authorizing both parties to extend certain timeframes
   42         under certain circumstances; specifying that the
   43         permit requirements apply to single-family residential
   44         units and single-family residential dwellings;
   45         providing that building permits for a single-family
   46         residential dwelling are valid indefinitely, subject
   47         to compliance with the Florida Building Code and local
   48         ordinances; requiring that local governments follow
   49         the prescribed timeframes unless a local ordinance is
   50         more stringent; requiring local governments, upon
   51         request, to issue a certain percentage of building
   52         permits if certain conditions are met; prohibiting
   53         transfers of ownership until certain conditions are
   54         met; conforming provisions to changes made by the act;
   55         amending s. 440.103, F.S.; conforming a cross
   56         reference; providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 177.073, Florida Statutes, is created to
   61  read:
   62         177.073Expedited approval of residential building permits
   63  before a final plat is recorded.—
   64         (1)As used in this section, the term:
   65         (a)“Final plat” means the final tracing, map, or site plan
   66  presented by the subdivider to a governing body for final
   67  approval and, upon approval by the appropriate governing body,
   68  submitted to the clerk of the circuit court for recording.
   69         (b)“Local building official” has the same meaning as in s.
   70  553.791.
   71         (c)“Plans” means any building plans, construction plans,
   72  engineering plans, or site plans, or their functional
   73  equivalent, submitted by an applicant for a building permit.
   74         (d)“Preliminary plat” means a map or delineated
   75  representation of the subdivision of lands which is a complete
   76  and exact representation of the residential subdivision and
   77  contains any additional information needed to be in compliance
   78  with the requirements of this chapter.
   79         (2)(a)By August 15, 2024, a governing body that has 30,000
   80  residents or more shall create a program to expedite the process
   81  for issuing building permits for residential subdivisions in
   82  accordance with the Florida Building Code and this section
   83  before a final plat is recorded with the clerk of the circuit
   84  court.
   85         (b)A governing body that has a program in place before
   86  July 1, 2024, to expedite the building permit process, need only
   87  update its program to approve an applicant’s request to issue up
   88  to 50 percent of the building permits for the residential
   89  subdivision in order to comply with this section.
   90         (3)A governing body shall create all of the following:
   91         (a)A two-step application process that includes the
   92  adoption of a preliminary plat and a final plat in order to
   93  expedite the issuance of building permits under this section.
   94  The governing body shall maximize its administrative processes
   95  to expedite the review and approval of applications, plats, and
   96  plans submitted under this section.
   97         (b)A master building permit application process consistent
   98  with s. 553.794(3) for applicants seeking multiple building
   99  permits for planned residential subdivisions.
  100         (4)An applicant may use a private provider consistent with
  101  s. 553.791 to review a preliminary plat and building permit for
  102  each residential building or structure.
  103         (5)A governing body may work with appropriate local
  104  governmental agencies to issue an address and a temporary parcel
  105  identification number for lot lines and lot sizes based on the
  106  metes and bounds of the plat contained in the application.
  107         (6)If an applicant requests a certain number or percentage
  108  of building permits in his or her application, the governing
  109  body must issue the number or percentage requested in accordance
  110  with the Florida Building Code, provided the residential
  111  buildings or structures are unoccupied and all of the following
  112  conditions are met:
  113         (a)The governing body has approved a preliminary plat for
  114  each residential building or structure.
  115         (b)The applicant provides proof to the governing body that
  116  the applicant has given a copy of the approved preliminary plat,
  117  along with the approved plans, to the relevant electric, water,
  118  and wastewater utilities.
  119         (c)The applicant holds a valid performance bond for up to
  120  120 percent of the necessary utilities, roads, and stormwater
  121  improvements that have not been completed upon submission of the
  122  application under this section.
  123         (7)(a)An applicant may contract to sell, but may not
  124  transfer ownership of, a residential structure or building
  125  located in the residential subdivision until the final plat is
  126  approved by the governing body and recorded in the public
  127  records by the clerk of the circuit court.
  128         (b)An applicant may not obtain a final certificate of
  129  occupancy with respect to each residential structure or building
  130  for which a building permit is issued until the final plat is
  131  approved by the governing body and recorded in the public
  132  records by the clerk of the circuit court.
  133         (c)An applicant must indemnify and hold harmless the
  134  governing body and its agents and employees from damages,
  135  including damages resulting from fire, flood, construction
  136  defects, and bodily injury, accruing and directly related to the
  137  issuance of a building permit for a residential building or
  138  structure located in the residential subdivision before the
  139  approval and recording of the final plat by the governing body.
  140         (8)For purposes of this section, an applicant has a vested
  141  right in a preliminary plat that has been approved by a
  142  governing body if all of the following conditions are met:
  143         (a)The applicant relies in good faith on the approved
  144  preliminary plat.
  145         (b)The applicant substantially changes his or her
  146  position, including making improvements pursuant to s.
  147  177.031(9), or incurs other obligations and expenses.
  148         (c)Any change by the governing body would constitute an
  149  inequitable interference in the approved preliminary plat.
  150         (9)After a governing body creates the program required
  151  under this section, the local building official shall send to
  152  the Department of Business and Professional Regulation by
  153  certified mail, return receipt requested, a signed, certified
  154  letter indicating that the program has been established. The
  155  letter must contain a brief explanation of the program,
  156  including how the program expedites the process of issuing
  157  building permits for residential subdivisions before the final
  158  plat is recorded.
  159         Section 2. Subsection (16) of section 553.79, Florida
  160  Statutes, is amended to read:
  161         553.79 Permits; applications; issuance; inspections.—
  162         (16)Except as provided in paragraph (e), a building permit
  163  for a single-family residential dwelling must be issued within
  164  30 business days after receiving the permit application unless
  165  the permit application fails to satisfy the Florida Building
  166  Code or the enforcing agency’s laws or ordinances.
  167         (a)If a local enforcement agency fails to issue a building
  168  permit for a single-family residential dwelling within 30
  169  business days after receiving the permit application, it must
  170  reduce the building permit fee by 10 percent for each business
  171  day that it fails to meet the deadline. Each 10-percent
  172  reduction shall be based on the original amount of the building
  173  permit fee.
  174         (b)A local enforcement agency does not have to reduce the
  175  building permit fee if it provides written notice to the
  176  applicant, by e-mail or United States Postal Service, within 30
  177  business days after receiving the permit application, that
  178  specifically states the reasons the permit application fails to
  179  satisfy the Florida Building Code or the enforcing agency’s laws
  180  or ordinances. The written notice must also state that the
  181  applicant has 10 business days after receiving the written
  182  notice to submit revisions to correct the permit application and
  183  that failure to correct the application within 10 business days
  184  will result in a denial of the application.
  185         (c)The applicant has 10 business days after receiving the
  186  written notice to address the reasons specified by the local
  187  enforcement agency and submit revisions to correct the permit
  188  application. If the applicant submits revisions within 10
  189  business days after receiving the written notice, the local
  190  enforcement agency has 10 business days after receiving such
  191  revisions to approve or deny the building permit unless the
  192  applicant agrees to a longer period in writing. If the local
  193  enforcement agency fails to issue or deny the building permit
  194  within 10 business days after receiving the revisions, it must
  195  reduce the building permit fee by 20 percent for the first
  196  business day that it fails to meet the deadline unless the
  197  applicant agrees to a longer period in writing. For each
  198  additional business day, but not to exceed 5 business days, that
  199  the local enforcement agency fails to meet the deadline, the
  200  building permit fee must be reduced by an additional 10 percent.
  201  Each reduction shall be based on the original amount of the
  202  building permit fee.
  203         (d)If any building permit fees are refunded under this
  204  subsection, the surcharges provided in s. 468.631 or s. 553.721
  205  must be recalculated based on the amount of the building permit
  206  fees after the refund.
  207         (e)A building permit for a single-family residential
  208  dwelling applied for by a contractor licensed in this state on
  209  behalf of a property owner who participates in a Community
  210  Development Block Grant–Disaster Recovery program administered
  211  by the Department of Economic Opportunity must be issued within
  212  15 working days after receipt of the application unless the
  213  permit application fails to satisfy the Florida Building Code or
  214  the enforcing agency’s laws or ordinances.
  215         Section 3. Paragraph (b) of subsection (2) of section
  216  553.791, Florida Statutes, is amended to read:
  217         553.791 Alternative plans review and inspection.—
  218         (2)
  219         (b) If an owner or a contractor retains a private provider
  220  for purposes of plans review or building inspection services,
  221  the local jurisdiction must reduce the permit fee by 75 percent
  222  the amount of cost savings realized by the local enforcement
  223  agency for not having to perform such services. Such reduction
  224  may be calculated on a flat fee or percentage basis, or any
  225  other reasonable means by which a local enforcement agency
  226  assesses the cost for its plans review or inspection services.
  227  The local jurisdiction may not charge fees for building
  228  inspections if the fee owner or contractor hires a private
  229  provider to perform such services; however, the local
  230  jurisdiction may charge a reasonable administrative fee, which
  231  must shall be based on the cost that is actually incurred,
  232  including the labor cost of the personnel providing the service,
  233  by the local jurisdiction or attributable to the local
  234  jurisdiction for the clerical and supervisory assistance
  235  required, or both.
  236         Section 4. Subsections (1) and (2) of section 553.792,
  237  Florida Statutes, are amended, and subsection (4) is added to
  238  that section, to read:
  239         553.792 Building permit application to local government.—
  240         (1)(a) After Within 10 days of an applicant submits
  241  submitting an application to the local government, the local
  242  government shall provide written notice to the applicant within
  243  3 calendar days after receipt of the application advising shall
  244  advise the applicant of any what information, if any, is needed
  245  to deem the application properly completed in compliance with
  246  the filing requirements published by the local government. If
  247  the local government does not provide timely written notice that
  248  the applicant has not submitted a the properly completed
  249  application, the application is shall be automatically deemed
  250  properly completed and sufficient accepted.
  251         (b) Within 9 calendar 45 days after receiving a completed
  252  application, a local government must provide written notice to
  253  notify an applicant if additional information is required for
  254  the local government to determine the sufficiency of the
  255  application, which notice must and shall specify the additional
  256  information that is required. The applicant may must submit the
  257  additional information to the local government or request that
  258  the local government act without the additional information.
  259  While the applicant responds to the request for additional
  260  information, the 120-day period described in this subsection is
  261  tolled. Both parties may agree to a reasonable request for an
  262  extension of time, particularly in the event of a force majeure
  263  or other extraordinary circumstance. The local government must
  264  approve, approve with conditions, or deny the application within
  265  120 days following receipt of a completed application.
  266         (c) A local government shall maintain on its website a
  267  policy containing procedures and expectations for expedited
  268  processing of those building permits and development orders
  269  required by law to be expedited.
  270         (d)1.(b)1. When reviewing an application for a building
  271  permit, a local government may not request additional
  272  information from the applicant more than two three times, unless
  273  the applicant waives such limitation in writing.
  274         2. If a local government requests additional information
  275  from an applicant and the applicant submits the requested
  276  additional information to the local government within 30 days
  277  after receiving the request, the local government must, within 9
  278  calendar 15 days after receiving such information:
  279         a. Determine if the application is properly completed;
  280         b. Approve the application;
  281         c. Approve the application with conditions;
  282         d.Deny the application; or
  283         d.e. Advise the applicant in writing of any information, if
  284  any, that is needed to deem the application properly completed
  285  or to determine the sufficiency of the application.
  286         3.If a local government makes a second request for
  287  additional information from the applicant and the applicant
  288  submits the requested additional information to the local
  289  government within 30 days after receiving the request, the local
  290  government must, within 10 days after receiving such
  291  information:
  292         a.Determine if the application is properly completed;
  293         b.Approve the application;
  294         c.Approve the application with conditions;
  295         d.Deny the application; or
  296         e.Advise the applicant of information, if any, that is
  297  needed to deem the application properly completed or to
  298  determine the sufficiency of the application.
  299         3.4. Before a second third request for additional
  300  information may be made, the local government must offer the
  301  applicant must be offered an opportunity to meet in person or
  302  virtually with the local government to attempt to resolve
  303  outstanding issues. Such meeting must occur within 5 calendar
  304  days after the applicant notifies the local government in
  305  writing that he or she wants an in-person or virtual meeting,
  306  unless the applicant agrees in writing to a later date.
  307         4. If a local government makes a second third request for
  308  additional information from the applicant and the applicant
  309  submits the requested additional information to the local
  310  government within 30 days after receiving the request, unless
  311  the applicant waives the required timeframe in writing, the
  312  local government must, within 9 calendar 10 days after receiving
  313  such information unless the applicant waived the local
  314  government’s limitation in writing, determine that the
  315  application is complete and:
  316         a. Approve the application;
  317         b. Approve the application with conditions; or
  318         c. Deny the application and provide the applicant with
  319  sufficient reason for such denial.
  320         5. If the applicant believes the request for additional
  321  information is not authorized by ordinance, rule, statute, or
  322  other legal authority, the local government, at the applicant’s
  323  written request, must process the application within 9 calendar
  324  days after receipt of the request and either approve the
  325  application, approve the application with conditions, or deny
  326  the application and provide the applicant with sufficient reason
  327  for such denial.
  328         6.If a local government does not timely notify the
  329  applicant that the application is approved, approved with
  330  conditions, or denied, the application is deemed approved.
  331         (e)The following timeframes apply for single-family or
  332  two-family dwellings or townhomes located within a master plan
  333  community for which the permit for the master plan community has
  334  already been approved under s. 553.794:
  335         1.After an applicant submits an application to the local
  336  government, the local government must provide written notice to
  337  the applicant within 1 calendar day after receipt of the
  338  application advising the applicant of any information that is
  339  needed to deem the application properly completed in compliance
  340  with the filing requirements published by the local government.
  341  If the local government does not provide timely written notice
  342  that the applicant has not submitted a properly completed
  343  application, the application is automatically deemed properly
  344  completed and sufficient.
  345         2.Within 5 calendar days after receiving a completed
  346  application, a local government must provide written notice to
  347  an applicant if additional information is required for the local
  348  government to determine the sufficiency of the application,
  349  which notice must specify the additional information that is
  350  required. The applicant may submit the additional information to
  351  the local government or request that the local government act
  352  without the additional information.
  353         3.When reviewing an application under this paragraph, a
  354  local government may not request additional information from the
  355  applicant more than once, unless the applicant waives such
  356  limitation in writing.
  357         4.If a local government requests additional information
  358  from the applicant and the applicant submits the requested
  359  additional information to the local government, the local
  360  government must, within 5 calendar days after receiving such
  361  information, unless the applicant waived the local government’s
  362  time limitation in writing, determine that the application is
  363  complete and:
  364         a.Approve the application;
  365         b.Approve the application with conditions; or
  366         c.Deny the application and provide the applicant with
  367  sufficient reason for such denial.
  368         5.If a local government does not timely notify the
  369  applicant that the application is approved, approved with
  370  conditions, or denied, the application is deemed approved.
  371         6.If an owner or a contractor retains a private provider
  372  for purposes of plans review, the timeframes in subparagraphs
  373  2., 4., and 5. are reduced to 3 calendar days.
  374         (f)A building permit for a single-family residential
  375  dwelling applied for by a contractor licensed in this state on
  376  behalf of a property owner who participates in a Community
  377  Development Block Grant–Disaster Recovery program administered
  378  by the Department of Commerce must be issued within 9 calendar
  379  days after receipt of the application unless the permit
  380  application fails to satisfy the Florida Building Code or the
  381  enforcing agency’s laws or ordinances.
  382         (g)(c) If a local government fails to meet a deadline
  383  specified under this subsection provided in paragraphs (a) and
  384  (b), it must reduce the building permit fee by 10 percent for
  385  each calendar business day that it fails to meet the deadline,
  386  unless the parties agree in writing to a reasonable extension of
  387  time. Each 10-percent reduction must shall be based on the
  388  original amount of the building permit fee, unless the parties
  389  agree to an extension of time.
  390         (h)A building permit issued for a single-family
  391  residential dwelling is valid indefinitely but must comply with
  392  any changes to the Florida Building Code or a local government’s
  393  rules or ordinances which are made after the issuance of the
  394  building permit.
  395         (2)(a) The procedures set forth in subsection (1) apply to
  396  the following building permit applications: accessory structure;
  397  alarm permit; nonresidential buildings less than 25,000 square
  398  feet; electric; irrigation permit; landscaping; mechanical;
  399  plumbing; residential units, including a single-family
  400  residential other than a single family unit or a single-family
  401  residential dwelling; multifamily residential not exceeding 50
  402  units; roofing; signs; site-plan approvals and subdivision plats
  403  not requiring public hearings or public notice; and lot grading
  404  and site alteration associated with the permit application set
  405  forth in this subsection. The procedures set forth in subsection
  406  (1) do not apply to permits for any wireless communications
  407  facilities or when a law, agency rule, or local ordinance
  408  specify different timeframes for review of local building permit
  409  applications.
  410         (b) If A local government must meet has different
  411  timeframes than the timeframes specified set forth in subsection
  412  (1) for reviewing building permit applications described in
  413  paragraph (a) unless the timeframes established, the local
  414  government must meet the deadlines established by local
  415  ordinance are more stringent than those prescribed in subsection
  416  (1). If a local government does not meet an established deadline
  417  to approve, approve with conditions, or deny an application, it
  418  must reduce the building permit fee by 10 percent for each
  419  business day that it fails to meet the deadline. Each 10-percent
  420  reduction shall be based on the original amount of the building
  421  permit fee, unless the parties agree to an extension of time.
  422  This paragraph does not apply to permits for any wireless
  423  communications facilities.
  424         (4)(a)Upon request by an applicant, the local government
  425  shall issue no less than 50 percent of the permits for the
  426  dwellings to be built, but not occupied, in the applicant’s
  427  residential community, so long as the developer or owner meets
  428  the requirements of s. 177.073(6). The permit application must
  429  also meet the requirements of the Florida Building Code.
  430         (b)An applicant may contract to sell, but may not transfer
  431  ownership of, a residential structure or building located in the
  432  residential subdivision until the final plat is approved by the
  433  governing body and recorded in the public records by the clerk
  434  of the circuit court.
  435         Section 5. Section 440.103, Florida Statutes, is amended to
  436  read:
  437         440.103 Building permits; identification of minimum premium
  438  policy.—Every employer shall, as a condition to applying for and
  439  receiving a building permit, show proof and certify to the
  440  permit issuer that it has secured compensation for its employees
  441  under this chapter as provided in ss. 440.10 and 440.38. Such
  442  proof of compensation must be evidenced by a certificate of
  443  coverage issued by the carrier, a valid exemption certificate
  444  approved by the department, or a copy of the employer’s
  445  authority to self-insure and shall be presented, electronically
  446  or physically, each time the employer applies for a building
  447  permit. As provided in s. 553.79(23) s. 553.79(24), for the
  448  purpose of inspection and record retention, site plans or
  449  building permits may be maintained at the worksite in the
  450  original form or in the form of an electronic copy. These plans
  451  and permits must be open to inspection by the building official
  452  or a duly authorized representative, as required by the Florida
  453  Building Code. As provided in s. 627.413(5), each certificate of
  454  coverage must show, on its face, whether or not coverage is
  455  secured under the minimum premium provisions of rules adopted by
  456  rating organizations licensed pursuant to s. 627.221. The words
  457  “minimum premium policy” or equivalent language shall be typed,
  458  printed, stamped, or legibly handwritten.
  459         Section 6. This act shall take effect July 1, 2024.