Florida Senate - 2021                      CS for CS for SB 1788
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Community Affairs; and Senator Boyd
       
       
       
       
       585-03624-21                                          20211788c2
    1                        A bill to be entitled                      
    2         An act relating to construction permits; amending s.
    3         125.022, F.S.; revising the requirements for when a
    4         county may request certain information; amending s.
    5         125.56, F.S.; requiring a county that issues building
    6         permits to post certain building permit information on
    7         its website; authorizing all components of a completed
    8         application to be submitted electronically or in
    9         person; amending s. 166.033, F.S.; revising the
   10         requirements for when a municipality may request
   11         certain information; amending s. 553.79, F.S.;
   12         requiring a local enforcement agency to post certain
   13         building permit information on its website;
   14         authorizing all components of a completed application
   15         to be submitted electronically or in person; requiring
   16         a local enforcement agency to reduce a building permit
   17         fee by a specified percentage for failing to meet
   18         certain deadlines; providing an exception; requiring
   19         the reduction of a building permit fee to be based on
   20         the original amount of such fee; requiring certain
   21         surcharges to be recalculated under certain
   22         conditions; amending ss. 553.792 and 553.794, F.S.;
   23         requiring a local government or a local building
   24         department, respectively, to reduce a building permit
   25         fee or master building permit fee, as applicable, by a
   26         specified percentage for failing to meet certain
   27         deadlines; providing exceptions; requiring certain
   28         surcharges to be recalculated under certain
   29         conditions; making technical changes; amending s.
   30         713.135, F.S.; prohibiting authorities from requiring
   31         applicants to provide certain contracts as a condition
   32         of receiving a building permit; providing
   33         applicability; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (2) of section 125.022, Florida
   38  Statutes, is amended to read:
   39         125.022 Development permits and orders.—
   40         (2)(a) When reviewing an application for a development
   41  permit or development order that is certified by a professional
   42  listed in s. 403.0877, a county may not request additional
   43  information from the applicant more than three times, unless the
   44  applicant waives the limitation in writing.
   45         (b)If a county makes a request for additional information
   46  and the applicant submits the required additional information
   47  within 30 days after receiving the request, the county must
   48  review the application for completeness and issue a letter
   49  indicating that all required information has been submitted or
   50  specify with particularity any areas that are deficient within
   51  30 days after receiving the additional information.
   52         (c)If a county makes a second request for additional
   53  information and the applicant submits the required additional
   54  information within 30 days after receiving the request, the
   55  county must review the application for completeness and issue a
   56  letter indicating that all required information has been
   57  submitted or specify with particularity any areas that are
   58  deficient within 10 days after receiving the additional
   59  information.
   60         (d) Before a third request for additional information, the
   61  applicant must be offered a meeting to attempt to resolve
   62  outstanding issues. If a county makes a third request for
   63  additional information and the applicant submits the required
   64  additional information within 30 days after receiving the
   65  request, the county must deem the application complete within 10
   66  days after receiving the additional information or proceed to
   67  process the application for approval or denial unless the
   68  applicant waived the county’s limitation in writing as described
   69  in paragraph (a).
   70         (e) Except as provided in subsection (5), if the applicant
   71  believes the request for additional information is not
   72  authorized by ordinance, rule, statute, or other legal
   73  authority, the county, at the applicant’s request, shall proceed
   74  to process the application for approval or denial.
   75         Section 2. Paragraph (b) of subsection (4) of section
   76  125.56, Florida Statutes, is amended, and paragraph (f) is added
   77  to that subsection, to read:
   78         125.56 Enforcement and amendment of the Florida Building
   79  Code and the Florida Fire Prevention Code; inspection fees;
   80  inspectors; etc.—
   81         (4)
   82         (b) A county that issues building permits shall post each
   83  type of building permit application, including a list of all
   84  required attachments, drawings, or other requirements for each
   85  type of application, on its website. A county must post and
   86  update the status of every received application on its website
   87  until the issuance of the building permit. Completed
   88  applications, including payments, attachments, drawings, or
   89  other requirements or parts of the completed permit application,
   90  must be able to be submitted electronically to the county
   91  building department. Accepted methods of electronic submission
   92  include, but are not limited to, e-mail submission of
   93  applications in Portable Document Format or submission of
   94  applications through an electronic fill-in form available on the
   95  building department’s website or through a third-party
   96  submission management software. Completed applications,
   97  including payments, attachments, or drawings, or other
   98  requirements or parts required as part of the completed permit
   99  application, may also be submitted in person in a nonelectronic
  100  format, at the discretion of the building official.
  101         (f)A county that issues building permits must post its
  102  procedures for processing, reviewing, and approving submitted
  103  building permit applications on its website.
  104         Section 3. Subsection (2) of section 166.033, Florida
  105  Statutes, is amended to read:
  106         166.033 Development permits and orders.—
  107         (2)(a) When reviewing an application for a development
  108  permit or development order that is certified by a professional
  109  listed in s. 403.0877, a municipality may not request additional
  110  information from the applicant more than three times, unless the
  111  applicant waives the limitation in writing.
  112         (b)If a municipality makes a request for additional
  113  information and the applicant submits the required additional
  114  information within 30 days after receiving the request, the
  115  municipality must review the application for completeness and
  116  issue a letter indicating that all required information has been
  117  submitted or specify with particularity any areas that are
  118  deficient within 30 days after receiving the additional
  119  information.
  120         (c)If a municipality makes a second request for additional
  121  information and the applicant submits the required additional
  122  information within 30 days after receiving the request, the
  123  municipality must review the application for completeness and
  124  issue a letter indicating that all required information has been
  125  submitted or specify with particularity any areas that are
  126  deficient within 10 days after receiving the additional
  127  information.
  128         (d) Before a third request for additional information, the
  129  applicant must be offered a meeting to attempt to resolve
  130  outstanding issues. If a municipality makes a third request for
  131  additional information and the applicant submits the required
  132  additional information within 30 days after receiving the
  133  request, the municipality must deem the application complete
  134  within 10 days after receiving the additional information or
  135  proceed to process the application for approval or denial unless
  136  the applicant waived the municipality’s limitation in writing as
  137  described in paragraph (a).
  138         (e) Except as provided in subsection (5), if the applicant
  139  believes the request for additional information is not
  140  authorized by ordinance, rule, statute, or other legal
  141  authority, the municipality, at the applicant’s request, shall
  142  proceed to process the application for approval or denial.
  143         Section 4. Paragraph (b) of subsection (1) and subsection
  144  (14) of section 553.79, Florida Statutes, are amended, and
  145  paragraph (d) is added to subsection (1) of that section, to
  146  read:
  147         553.79 Permits; applications; issuance; inspections.—
  148         (1)
  149         (b) A local enforcement agency shall post each type of
  150  building permit application, including a list of all required
  151  attachments, drawings, or other requirements for each type of
  152  application, on its website. A local enforcement agency must
  153  post and update the status of every received application on its
  154  website until the issuance of the building permit. Completed
  155  applications, including payments, attachments, drawings, or
  156  other requirements or parts of the completed permit application,
  157  must be able to be submitted electronically to the appropriate
  158  building department. Accepted methods of electronic submission
  159  include, but are not limited to, e-mail submission of
  160  applications in Portable Document Format or submission of
  161  applications through an electronic fill-in form available on the
  162  building department’s website or through a third-party
  163  submission management software. Completed applications,
  164  including payments, attachments, or drawings, or other
  165  requirements or parts required as part of the completed permit
  166  application, may also be submitted in person in a nonelectronic
  167  format, at the discretion of the building official.
  168         (d)A local enforcement agency must post its procedures for
  169  processing, reviewing, and approving submitted building permit
  170  applications on its website.
  171         (14) A building permit for a single-family residential
  172  dwelling must be issued within 30 business working days after
  173  receiving the permit of application therefor unless unusual
  174  circumstances require a longer time for processing the
  175  application or unless the permit application fails to satisfy
  176  the Florida Building Code or the enforcing agency’s laws or
  177  ordinances.
  178         (a)If a local enforcement agency fails to issue a building
  179  permit for a single-family residential dwelling within 30
  180  business days after receiving the permit application, it must
  181  reduce the building permit fee by 10 percent for each business
  182  day that it fails to meet the deadline. Each 10 percent
  183  reduction shall be based on the original amount of the building
  184  permit fee.
  185         (b)A local enforcement agency does not have to reduce the
  186  building permit fee if it provides written notice to the
  187  applicant, by e-mail or United States Postal Service, within 30
  188  business days after receiving the permit application which
  189  specifically states the reasons the permit application fails to
  190  satisfy the Florida Building Code or the enforcing agency’s laws
  191  or ordinances. The written notice must also state that the
  192  applicant has 10 business days after receiving the written
  193  notice to submit revisions to correct the application and that
  194  failure to correct the application within 10 business days will
  195  result in denial of the application.
  196         (c)The applicant has 10 business days after receiving the
  197  written notice to address the reasons specified by the local
  198  enforcement agency and submit revisions to correct the permit
  199  application. If the applicant submits revisions within 10
  200  business days after receiving the written notice, the local
  201  enforcement agency has 10 business days after receiving such
  202  revisions to approve or deny the building permit unless the
  203  applicant agrees to a longer period in writing. If the local
  204  enforcement agency fails to issue or deny the building permit
  205  within 10 business days after receiving the revisions, it must
  206  reduce the building permit fee by 20 percent for the first
  207  business day that it fails to meet the deadline unless the
  208  applicant agrees to a longer period in writing. For each
  209  additional business day, but not to exceed 5 business days, that
  210  the local enforcement agency fails to meet the deadline, the
  211  building permit fee must be reduced by an additional 10 percent.
  212  Each reduction shall be based on the original amount of the
  213  building permit fee.
  214         (d)If any building permit fees are refunded under this
  215  subsection, the surcharges provided in s. 468.631 or s. 553.721
  216  must be recalculated based on the amount of the building permit
  217  fees after the refund.
  218         Section 5. Section 553.792, Florida Statutes, is amended to
  219  read:
  220         553.792 Building permit application to local government.—
  221         (1)(a) Within 10 days of an applicant submitting an
  222  application to the local government, the local government shall
  223  advise the applicant what information, if any, is needed to deem
  224  the application properly completed in compliance with the filing
  225  requirements published by the local government. If the local
  226  government does not provide written notice that the applicant
  227  has not submitted the properly completed application, the
  228  application shall be automatically deemed properly completed and
  229  accepted. Within 45 days after receiving a completed
  230  application, a local government must notify an applicant if
  231  additional information is required for the local government to
  232  determine the sufficiency of the application, and shall specify
  233  the additional information that is required. The applicant must
  234  submit the additional information to the local government or
  235  request that the local government act without the additional
  236  information. While the applicant responds to the request for
  237  additional information, the 120-day period described in this
  238  subsection is tolled. Both parties may agree to a reasonable
  239  request for an extension of time, particularly in the event of a
  240  force majeure major or other extraordinary circumstance. The
  241  local government must approve, approve with conditions, or deny
  242  the application within 120 days following receipt of a completed
  243  application.
  244         (b)If a local government fails to meet a deadline provided
  245  in paragraph (a), it must reduce the building permit fee by 10
  246  percent for each business day that it fails to meet the
  247  deadline. Each 10 percent reduction shall be based on the
  248  original amount of the building permit fee, unless the parties
  249  agree to an extension of time.
  250         (2)(a) The procedures set forth in subsection (1) apply to
  251  the following building permit applications: accessory structure;
  252  alarm permit; nonresidential buildings less than 25,000 square
  253  feet; electric; irrigation permit; landscaping; mechanical;
  254  plumbing; residential units other than a single family unit;
  255  multifamily residential not exceeding 50 units; roofing; signs;
  256  site-plan approvals and subdivision plats not requiring public
  257  hearings or public notice; and lot grading and site alteration
  258  associated with the permit application set forth in this
  259  subsection. The procedures set forth in subsection (1) do not
  260  apply to permits for any wireless communications facilities or
  261  when a law, agency rule, or local ordinance specify different
  262  timeframes for review of local building permit applications.
  263         (b)If a local government has different timeframes than the
  264  timeframes set forth in subsection (1) for reviewing building
  265  permit applications described in paragraph (a), the local
  266  government must meet the deadlines established by local
  267  ordinance. If a local government does not meet an established
  268  deadline to approve, approve with conditions, or deny an
  269  application, it must reduce the building permit fee by 10
  270  percent for each business day that it fails to meet the
  271  deadline. Each 10 percent reduction shall be based on the
  272  original amount of the building permit fee, unless the parties
  273  agree to an extension of time. This paragraph does not apply to
  274  permits for any wireless communications facilities.
  275         (3)If any building permit fees are refunded under this
  276  section, the surcharges provided in s. 468.631 or s. 553.721
  277  must be recalculated based on the amount of the building permit
  278  fees after the refund.
  279         Section 6. Paragraph (c) of subsection (5) of section
  280  553.794, Florida Statutes, is amended to read:
  281         553.794 Local government residential master building permit
  282  program.—
  283         (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.—
  284         (c) The local building department must approve or deny a
  285  master building permit application within 120 days after the
  286  local building department receives a completed application,
  287  unless the applicant agrees to a longer period. If a local
  288  building department fails to approve or deny a master building
  289  permit application within 120 days after receiving the completed
  290  permit application, it must reduce the master building permit
  291  fee by 10 percent for each business day that it fails to meet
  292  the deadline, unless the applicant agrees to a longer time
  293  period. Each 10 percent reduction shall be based on the original
  294  amount of the master building permit fee. If any master building
  295  permit fees are refunded, the surcharges provided in s. 468.631
  296  or s. 553.721 must be recalculated based on the amount of the
  297  master building permit fees after the refund.
  298         Section 7. Present subsections (6) and (7) of section
  299  713.135, Florida Statutes, are redesignated as subsections (7)
  300  and (8), respectively, and a new subsection (6) is added to that
  301  section, to read:
  302         713.135 Notice of commencement and applicability of lien.—
  303         (6)An authority that issues building permits may not
  304  require an applicant to provide a direct contract or a contract
  305  between a contractor and any other lienor as a condition of the
  306  application for, or processing or issuance of, a building permit
  307  for the construction of improvements or for the alteration or
  308  repair of improvements on or to commercial property. This
  309  subsection does not apply to the construction of improvements or
  310  the alteration or repair of improvements owned or leased by the
  311  Federal Government; the state or any county, city, or political
  312  subdivision thereof; or other public authority.
  313         Section 8. This act shall take effect October 1, 2021.