Bill Text: FL S1788 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Construction Permits
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1059 (Ch. 2021-224) [S1788 Detail]
Download: Florida-2021-S1788-Introduced.html
Bill Title: Construction Permits
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1059 (Ch. 2021-224) [S1788 Detail]
Download: Florida-2021-S1788-Introduced.html
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,ordrawings, or other 87 requirements or partsrequiredaspartof 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,ordrawings, or any other 146 requirements or partsrequired aspartof 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 businessworkingdays of 154 receiving the application unlessapplication therefor unless155unusual circumstances require a longer time for processing the156application or unlessthe 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 majeuremajoror 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.