Regulatory Reform Subcommittee, March 2, 2021: HB 911 by Rep. Buchanan, Medical Treatment of Animals

Summary

Meeting packet of the Regulatory Reform Subcommittee for March 2, 2021. It opens with HB 911, Medical Treatment of Animals, by Rep. Buchanan, which amends section 474.202, Florida Statutes, so that a veterinarian/client/patient relationship may be established by telephone or other means without a physical examination, and amends section 828.30 on rabies vaccination. An amendment summary dated March 2, 2021 describes an amendment by Rep. Buchanan defining "veterinary telemedicine" and limiting remote prescribing of controlled substances to inpatient or hospice treatment. A staff analysis dated 2/26/2021 covers PCS for HB 1059, Building Permits, which would require local enforcement agencies to post permit applications online and reduce permit fees when review deadlines are missed, effective October 1, 2021.

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Full text

FLORIDA H O U S E 0 F REPRESENTATIVES

HB 911 2021

26 474.202 Definitions.-As used in this chapter:
27 ( 12) "Veterinarian/ client/patient relationship" means a
28 relationship where the veterinarian has assumed the
29 responsibility for making medical judgments regarding the health
30 of the animal and its need for medical treatment. Such
31 relationship may be established in person, by telephone, or by
32 other means consistent with the individual veterinarian's
33 professional judgment. A physical examination is not required
34 for the veterinarian to assume responsibility for making medical
35 judgments or providing treatment.
36 Section 2. Paragraph (a) of subsection (5) of section
37 474.203, Florida Statutes, is amended to read:
38 474.203 Exemptions.-This chapter does not apply to:
39 (5) (a) Any person, or the person's regular employee,
40 administering to the ills or injuries of her or his own animals,
41 including, but not limited to, castration, spaying, and
42 dehorning of herd animals, unless title is transferred or
43 employment provided for the purpose of circumventing this law.
44 This exemption does not apply to any person licensed as a
45 veterinarian in another state or foreign jurisdiction and
46 practicing temporarily in this state. However, except as
47 provided ins. 828.30, only a veterinarian may immunize or treat
48 an animal for diseases that are communicable to humans and that
49 are of public health significance.
50

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 911 2021

51 For the purposes of chapters 465 and 893, persons exempt
52 pursuant to subsection (1), subsection (2), or subsection (4)
53 are deemed to be duly licensed practitioners authorized by the
54 laws of this state to prescribe drugs or medicinal supplies.
55 Section 3. Paragraph (y) of subsection (1) of section
56 474.214, Florida Statutes, is amended to read:
57 474.214 Disciplinary proceedings.-
58 (1) The following acts shall constitute grounds for which
59 the disciplinary actions in subsection (2) may be taken:
60 (y) Using the privilege of ordering, prescribing, or
61 making available medicinal drugs or drugs as defined in chapter
62 465, or controlled substances as defined in chapter 893, for use
63 other than for the specific treatment of animal patients for
64 which there is a documented veterinarian/client/patient
65 relationship. Pursuant thereto, The veterinarian shall:
66 1. Have sufficient knowledge of the animal to initiate at
67 least a general or preliminary diagnosis of the medical
68 condition of the animal, which means that the veterinarian is
69 personally acquainted with the keeping and caring of the animal
70 and has recently seen the animal or has made medically
71 appropriate and timely visits to the premises where the animal
72 is kept.
73 2. Be available or provide for followup care and treatment
74 in case of adverse reactions or failure of the regimen of
75 therapy.

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 911 2021

76 3. Maintain records which document patient visits,
77 diagnosis, treatment, and other relevant information required
78 under this chapter.
79 Section 4. Subsections (1) and (3) of section 828.30,
80 Florida Statutes, are amended to read:
81 828.30 Rabies vaccination of dogs, cats, and ferrets.-
82 ( 1) (a) Except as provided in paragraph (b), all dogs,
83 cats, and ferrets 4 months of age or older must be vaccinated by
84 a licensed veterinarian against rabies with a vaccine that is
85 licensed by the United States Department of Agriculture for use
86 in those species~
87 (b) An employee, agent, or contractor of an animal control
88 authority acting under the indirect supervision of a
89 veterinarian may vaccinate impounded animals that will be
90 transferred, rescued, fostered, adopted, or reclaimed by the
91 owner. As used in this subsection, the term "indirect
92 supervision," means that the supervising veterinarian is
93 available for consultation by telecommunications but is not
94 required to be on the premises during such consultation. The
95 supervising veterinarian assumes responsibility for the
96 veterinary care given to the animal by any person working under
97 or at his or her direction and supervision.
98 J.£1 The owner of every dog, cat, and ferret shall have the
99 animal revaccinated 12 months after the initial vaccination.
100 Thereafter, the interval between vaccinations shall conform to

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 911 2021

101 the vaccine manufacturer's directions. The cost of vaccination
102 must be borne by the animal's owner. Evidence of circulating
103 rabies virus neutralizing antibodies may shall not be used as a
104 substitute for current vaccination in managing rabies exposure
105 or determining the need for booster vaccinations.
106 (3) Upon vaccination against rabies, the licensed
107 veterinarian shall provide the animal's owner and the animal
108 control authority with a rabies vaccination certificate. Each
109 animal control authority and veterinarian shall use the "Rabies
110 Vaccination Certificate" of the National Association of State
111 Public Health Veterinarians (NASPHV) or an equivalent form
112 approved by the local government that contains all the
113 information required by the NASPHV Rabies Vaccination
114 Certificate. The veterinarian who administers the rabies
115 vaccination, or who supervises an employee, agent, or contractor
116 of an animal control authority administering the rabies
117 vaccination, vaccine to an animal as required under this section
118 may affix his or her signature stamp in lieu of an actual
119 signature.
120 Section 5. This act shall take effect July 1, 2021.

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REGULATORY REFORM SUBCOMMITTEE

HB 911 by Rep. Buchanan
Medical Treatment of Animals

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. Buchanan (line 35):
The amendment:
• Defines "veterinary telemedicine" as "the practice of veterinary medicine in a remote
setting, including through the use of telephone or audio-visual technology or by other
means consistent with the veterinarian's professional judgment."
• Authorizes veterinarians to establish a veterinarian/client/patient relationship in person,
or by means of veterinary telemedicine.
• Specifies that a physical examination is not required for the veterinarian to assume
responsibility for making medical decisions or providing treatment.
• Prohibits veterinarians from prescribing controlled substances if the
veterinarian/client/patient relationship has been established remotely and a physical
examination has not previously occurred, unless the controlled substance is prescribed
for the following:
o Inpatient treatment at an animal clinic or hospital; or
o The treatment of a patient receiving hospice services.
• Requires veterinarians to hold a current license to practice veterinary medicine in the
State of Florida in order to practice veterinary telemedicine in Florida.
• Grants the Florida Board of Veterinary Medicine jurisdiction over a veterinarian
practicing veterinary telemedicine in Florida, regardless of where the veterinarian's
physical offices are located.
• Specifies that the practice of veterinary is not a violation of the standard of care, and a
veterinarian may not be disciplined for practicing veterinary telemedicine.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Buchanan offered the following:
4
5 Amendment (with directory and title amendments)
6 Remove lines 31-35 and insert:
7 relationship may be established in person, or by means of
8 veterinary telemedicine if audio-visual technology is used to
9 establish such relationship. A physical examination is not
10 required for the veterinarian to assume responsibility for
11 making medical judgments or providing treatment.
12 (14) nveterinary telemedicine" means the practice of
13 veterinary medicine in a remote setting, including through the
14 use of telephone or audio-visual technology or by other means
15 consistent with the veterinarian's professional judgment, as

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

16 long as the veterinarian/client/patient relationship is
17 established either in person or by audio-visual technology.
18 Section 2. Section 474.2031, Florida Statutes, is created
19 to read:
20 474.2021 Veterinary Telemedicine.-
21 (1) A veterinarian may practice veterinary telemedicine.
22 (2) A veterinarian may not prescribe controlled substances
23 if the veterinarian/client/patient relationship has been
24 established remotely under this section and a physical
25 examination has not previously occurred, unless the controlled
26 substance is prescribed for the following:
27 (a) Inpatient treatment at an animal clinic or hospital; or
28 (b) The treatment of a patient receiving hospice services.
29 (3) A veterinarian must hold a current license to practice
30 veterinary medicine in the State of Florida in o rder to practice
31 veterinary telemedicine in Florida.
32 (4) The Board has jurisdiction over a veterinarian
33 practicing veterinary telemedicine in Florida, regardless of
34 where the veterinarian's physical offices are located. However,
35 the practice of veterinary telemedicine in conformance with this
36 chapter is not a violation of the standard of care, and a
37 veterinarian may not be disciplined solely for practicing
38 veterinary telemedicine.
39
40
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

41 D I R E C T O R Y A ME N D ME N T
42 Remove lines 24-25 and insert:
43 Section 1. Section 474.202, Florida Statutes, is amended
44 to read:
45
46
47 T I T L E A ME N D ME N T
48 Remove line 7 and insert:
49 diseases; defining "veterinary telemedicine"; creating s.
50 474.2031, F.S.; authorizing veterinarians to establish
51 veterinarian/client/patient relationship remotely; prohibiting
52 veterinarians from prescribing controlled substances under
53 certain circumstances; authorizing the Florida Board of
54 Veterinary Medicine jurisdiction; specifying standard of care
55 and discipline; amending s. 474.214, F.S.; revising grounds

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1059 Building Permits
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Regulatory Reform Subcommittee Anstead

SUMMARY ANALYSIS
The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Florida Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction.

Current law requires local governments to enforce the Building Code and issue building permits. Current law
also requires state agencies, state universities, Florida College System institutions, and public school districts
to enforce the Building Code in certain situations. Each local government entity may provide a schedule of
reasonable fees in order to defer the costs of inspection and enforcement of the Building Code. It is unlawful to
construct, erect, alter, repair, secure, or demolish any building without first obtaining a building permit.

A development permit is any official action of a local government that has the effect of permitting the
development of land including, but not limited to, building permits, zoning permits, subdivision approval,
rezoning, certifications, special exceptions, and variances. A development order is issued by a local
government and grants, denies, or grants with conditions an application for a development permit.

The bill:
• Requires local governments to review additional information for an application for a development permit
or development order within a certain time-period.
• Clarifies and requires local enforcement agencies to:
o post each building permit application, including a list of any required attachments, such as
drawings or plans, on their websites;
o allow applicants to submit completed building permit applications electronically including any
required payments and attachments, such as plans;
o post the current status of every received building permit application on their website; and
o post their procedures for reviewing, processing, and approving building permit applications on
their websites.
• Requires government entities, which enforce the Building Code, that fail to meet current established
deadlines for reviewing building permit applications to reduce the fee for such permits for every
business day that they miss the deadline, unless the applicant agrees to a longer period.
• Requires government entities that deny a building permit application for a single-family residential
dwelling to allow the applicant 10 business days to correct the application.
• Prohibits government entities from requiring a copy of a contractor's contract with owners,
subcontractors, or suppliers in order to obtain a building permit for projects on commercial property.
o This does not apply to projects for improvements owned or leased by a government entity.

The bill may have an indeterminate fiscal impact on state and local government. See Fiscal Comments.

The bill provides for an effective date of October 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1059.RRS.D0CX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
The Community Planning Act

Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, 1 also known as Florida's Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act. 2 The Community Planning Act governs how local governments create and
adopt their local comprehensive plans.

Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. The intent of the Act is that local governments manage growth through comprehensive land
use plans that facilitate adequate and efficient provision of transportation, water, sewage, schools,
parks, recreational facilities, housing, and other requirements and services. 3 A housing element is
required as part of every comprehensive plan in the state. Among other things, the housing element
must address "the creation or preservation of affordable housing to minimize the need for additional
local services and avoid the concentration of affordable housing units only in specific areas of the
jurisdiction." 4

Municipalities established after the effective date of the Community Planning Act must adopt a
comprehensive plan within three years after the date of incorporation. 5 The county comprehensive plan
controls until a municipal comprehensive plan is adopted. 6

The comprehensive plan is implemented via land development regulations. Each county and
municipality must adopt and enforce land development regulations, such as zoning or other housing-
related ordinances, that are consistent with and implement their adopted comprehensive plan. 7

Issuing Development Orders and Permits - Current Situation

Under the Community Planning Act, a development permit is any official action of a local government
that has the effect of permitting the development of land including, but not limited to, building permits,
zoning permits, subdivision approval, rezoning, certifications, special exceptions, and variances. 8 A
development order is issued by a local government and grants, denies, or grants with conditions an
application for a development permit. 9

When reviewing an application for a development permit or development order, not including building
permit applications, a county or municipality may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing. 10

Before a third request for information, the applicant must be offered a meeting to attempt to resolve
outstanding issues. 11 If the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the applicant can request the county or municipality

1 See ch. 85-55, s. 1, Laws of Fla.
2 See ch. 2011-139, s. 17, Laws of Fla.
3
S. 163.3161(4), F.S.
4 S. 163.3177(6)(f)1.g., F.S.
5 S. 163.3167(3), F.S.

6 fd.
7 S. 163.3202, F.S.
8 S. 163.3164(16), F.S.
9
See ss. 125.022, 163.3164(15), and 166.033, F.S.
10 Ss. 125.022(1) and 166.033(1), F.S.
11 Id.
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proceed to process the application for approval or denial. 12 If denied, the county or municipality is
required to give written notice to the applicant and must provide reference to the applicable legal
authority for the denial of the permit. 13

Prior to 2019, there was no specified timeframes provided in current statute for reviewing an application
for a development permit, development order, or additional information requested by a county or
municipality. 14

In 2019, the Legislature imposed requirements and time limits for a county or municipality to review an
application for a development permit or development order, not including building permit applications,
and provided procedures for addressing deficiencies in an application. 15

Within 30 days of receiving an application for a development permit or development order, a county or
municipality must review the application and issue a letter to the applicant indicating that the application
is complete or specify the deficiencies within 30 days after receiving the application. 16 If the county or
municipality identifies deficiencies, the applicant has 30 days to submit the required additional
information. 17

Once an application is deemed complete, a county or municipality must approve, approve with
conditions, or deny the application within 120 days or 180 days for applications that require final action
through a quasi-judicial hearing or a public hearing. 18

Current law specifies how long an applicant has to submit additional information to a local government.
However, current law does not specify how long a local government has to review the additional
information and determine if the application is complete or still deficient.

Issuing Development Orders and Permits - Effect of the Bill

The bill provides that if a county or municipality makes a request for additional information from the
applicant and the applicant provides the information within 30 days of receiving the request, the county
or municipality must:

• Review the additional information and issue a letter to the applicant indicating that the
application is complete or specify the remaining deficiencies within 30 days of receiving the
information, if the request is the county or municipality's first request.
• Review the additional information and issue a letter to the applicant indicating that the
application is complete or specify the remaining deficiencies within 10 days of receiving the
information, if the request is the county or municipality's second request.
• Deem the application complete within 10 days of receiving the information or proceed to
process the application for approval or denial unless the applicant waived the county or
municipality's time limitations in writing, if the request is the county or municipality's third
request.

The Florida Building Code

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida's minimum standards were met. Local governments could
choose from four separate model codes. The state's role was limited to adopting all or relevant parts of

12 Jd.
13
Ss. 125.022(2) and 166.033(2), F.S.
14
Ss. 125.022(1) and 166.033(1), F.S. (2018).
15
See House Analysis of2019 House Bill 7103 (Jul. 1, 2019).
16
Ss. 125.022(1) and (2), and 166.033 (1) and (2), F.S.
11 Id.

1s Id.
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new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 19

In 1992, Hurricane Andrew demonstrated that Florida's system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission's
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 20 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 21

Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act" (Act). The purpose and intent of
the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement
of a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 22

The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, 23 the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years. 24

Enforcement of the Florida Building Code

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public's health, safety, and welfare. 25
Every local government must enforce the Florida Building Code and issue building permits. 26

State universities, Florida College System institutions, and public school districts enforce the Building
Code for their building projects, including conducting plan review and inspections. State universities,
Florida College System institutions, and public school districts must use or contract with licensed
building officials, inspectors, and plan examiners, and may elect to use a local government's building
department to review plans and perform inspections. 27

Current law also provides that state agencies may enforce the Building Code if current law specifically
authorizes them to do so, unless they have delegated responsibility to another public entity. 28 Current
law provides that: 29

19
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/tbc/publications/2006 Legislature Rot rev2.pdf (last visited Feb. 15, 2021).
20
Id; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
21
Florida Building Commission Homepage, https://tloridabuilding.org/c/defauJt.aspx (last visited Mar. 14, 2019).
22
See S. 553.72(1), F.S.
23
The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to "construct safe, sustainable, affordable and resilient structures." International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 21, 2021).
24
Ss. 553.73, & 553.74, F.S.
25
S. 553.72, F.S.
26
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
27
S. 553.80(6), F.S.
28
Ss. 255.31(1), and 553.80(1), F.S.
29 Id.
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• The Department of Corrections and the Department of Juvenile Justice, and the Department of
Management Services (OMS) enforces the construction regulations relating to correctional
facilities under their jurisdiction.
• The OMS enforces the construction regulations for the Governor's Mansion and its grounds, the
Capitol, and the Capitol complex.
• The DBPR enforces the construction regulations relating to elevator equipment under their
jurisdiction.
• The Turnpike Enterprise, which is part of the Department of Transportation, enforces the
construction regulations for toll collection facilities under its jurisdiction.
• The Department of Children and Families (DCF) in conjunction with the Agency for Health Care
Administration (ACHA) enforces construction regulations relating to secure mental health
treatment facilities under DC F's jurisdiction.
• The AHCA also reviews plans and surveys construction of hospitals, nursing homes,
ambulatory surgical centers, and Intermediate Care Facilities for the Developmentally Disabled.

It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency. 30 A building permit is not valid until
the fees for the permit have been paid. 31

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 32 A building official is a local government employee or a person
contracted by a government entity who supervises building code activities, including plans review,
enforcement, and inspection. 33 Any construction work that requires a building permit also requires plans
and inspections by the building official to ensure the work complies with the Building Code. 34

Each government entity may provide a schedule of reasonable fees in order to defer the costs of
inspection and enforcement of the Building Code. The basis for a local government's fee structure must
relate to the level of service provided by the local government. Fees charged must be consistently
applied. Each local government must post its permit and inspection fee schedule and a utilization
report 35 on its website. 36

A local government's permit and inspection fees must be used solely for carrying out that local
government's responsibilities in enforcing the Building Code. This includes: 37

• the direct costs and reasonable indirect costs associated with review of building plans, building
inspections, reinspections, and building permit processing;
• building code enforcement;
• fire inspections associated with new construction; and
• training costs associated with the enforcement of the Building Code and enforcement action
pertaining to unlicensed contractor activity to the extent not funded by other user fees.

30
See Ss. 125.56(4)(a) & 553.79(1), F.S.
31
S. 109.1 of the Seventh edition of the Florida Building Code (Building).
32
S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
33
S. 468.603(2), F.S.; S. 202 of the Seventh edition of the Florida Building Code (Building).
34
Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building (Building).
35
The utilization report must include the local government's direct and indirect costs for enforcing the Building. S. 553.80(7), F.S.
36
Ss. 125.56(2) and (4), 166.222, and 553.80(7), F.S.
37
S. 553.80(7), F.S.
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DBPR Surcharges

Current law requires all local governments to assess and collect a 1% surcharge on any building permit
issued by their enforcement agency for the purpose of enforcing the Building Code. The local
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
Florida Building Commission, DBPR's Building Code Compliance and Mitigation Program, and the
Florida Fire Prevention Code informal interpretations. 38

Current law also requires all local governments to assess and collect a separate 1.5% surcharge on
any building permit issued by their enforcement agency for the purpose of enforcing the Building Code.
The local governments collect the assessment and remit the surcharge fees to DBPR, where it is
divided equally to fund the activities of the BCAIB and the Florida Homeowners' Construction Recovery
Fund. 39

Local government building departments are permitted to retain 10% of the amount of the surcharges
they collect to fund participation by their agencies in the national and state building code adoption
processes and to provide education related to enforcement of the Florida Building Code. 40

Building Permit Delays

Any delays in obtaining a building permit can delay the completion of a construction. Delays in the
completion of a construction project may: 41

• Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
• Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
• Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
• Result in delayed occupancy of a project, including single-family residences and multi-family
residences.

Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department's ability to enforce the applicable
construction codes. Streamlining the building permit process may: 42

• Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
• Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue by creating local
construction jobs and other indirect jobs; and

38
S. 553.721, F.S.
39
S. 468.631, F.S.; The Florida Homeowners' Construction Recovery Fund is used to compensate homeowners who have suffered a
covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who
reviews for completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for
review. S. 489.1401(2), F.S.
40
Ss. 468.631, and 553.721, F.S.
41
City of Austin Development Services Department, A Program for Expedited Permitting,
http://austintexas.gov/sites/default/files/files/8-9-20 l 6 Report on Expedited Permitting Program.pdf (last visited Feb. 22, 2021 );
PricewaterhouseCoopers, The Economic Impact ofAccelerating Permit Processes on Local Development and Government Revenues,
(Dec. 7, 2005).
42
Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https:l/www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Feb. 24, 2021 ).
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• Encourage economic development by having an efficient permit system.

List of Required Items for Applications and Electronic Submission of Applications - Current
Situation

A local enforcement agency is an agency of local government, a local school board, a community
college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the Building Code.43

Current law requires local enforcement agencies to post each type of building permit on their website. 44
Current law also requires local enforcement agencies to allow applicants to submit applications
electronically, except owners who are acting as contractor under the owner-builder exemption. 45
Accepted methods of electronic submission include, but are not limited to: 46

• E-mail submission of applications in PDF format;
• Submission of applications through an electronic fill-in form available on the building
department's website; or
• Through a third-party submission management software.

However, it is not clear if current law requires local enforcement agencies to:

• post a list or identify other items required as part of the application for each type of building
permit on their websites;
• allow applicants to electronically submit items required as part of a building permit application
including payments, attachments, or drawings; or
• post the status of building permit applications on their websites.

Some local governments list the items required as part of an application, allow applicants to
electronically submit items required as part of an application, and post the status of building permit
applications on their websites, while others do not. 47

Proponents argue that posting a list containing all the required information for each type of building
permit and the status of every received application saves time by reducing phone calls and emails to
building department staff. It also reduces the number of applications that are denied due to
misunderstanding about what materials and information must be provided. 48

Proponents argue that allowing applicants to submit applications electronically, including all required
items, saves time and money for builders and developers by shortening the turn-around time for

43
S. 553.71(5), F.S.
44
Ss. 125.56(4)(b) & 553.79(l)(b), F.S.
45
Current law requires property owners who are acting as a contractor under the owner-builder exemption to personally appear at a
local enforcement agency to sign the building permit. Ss. 489.103(7), & 489.503(7), F.S.
46
Ss. 125.56(4)(b) & 553.79(l)(b), F.S.
47
City of Miramar, Building, Permits & Inspections, https://www.miramarfl.gov/l 50/Bui ldi ng-Permits-Inspections (last visited Feb.
25, 2021 ); City of Orlando, Permits & Inspections, https://www.orlando.gov/Building-Development/Perrn its-Inspections (last visited
Feb. 24, 2021); Union County, Building Department, https://unioncounty-tlgov/building-department/ (last visited Feb. 25, 2021); City
of Crestview, Building Permits & Inspections, http://www.cityofcrestview.org/ 16 1/Building-Permits-lnspections (last visited Feb. 25,
2021).
48
Ryan Meres, Seven Keys to Alleviating Permitting Pain, Builder (Jul. 23, 2015) https://www.bui lderonline.com/bu ilding/regulation-
policy/seven-keys-to-alleviating-permitting-pain o (last visited Feb. 24, 2021 ); E-Gov Link, How to Streamline your Local
Government Permitting Process, (Aug. 28, 2019) https://www2.egovli nk .coni/ how-to-streamline-your-local-govemment-permitting-
process/ (last visited Feb. 24, 2021)
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processing most building permits, and by preventing them from having to travel to and from a building
department during business hours to drop off the required items. 49

They also argue that it helps building departments by reducing the cost of printing documents,
eliminating archiving costs, easing the burden of managing paper documents, and consolidates the
plan review process by having documents stored on a network server that is available to multiple
departments and employees. 50

Building Departments note that the cost to post the list of required items and the status of received
building permit applications, and the cost to transition from paper documents to electronic documents is
expensive and it is not easy or quick. 51 Additionally a building department may have to devote limited
resources to updating the list of required items and the status of received building permit applications. 52

List of Items Required for Applications and Electronic Submission of Applications - Effect of
the Bill

The bill clarifies that local enforcement agencies must:

• post each type of building permit application on their website, including a list of all required
attachments, drawings, and any other requirements that are required for each type of
application.
• post the status of received building permit applications online, and update the status.
o A local enforcement agency does not have to post the status of a received building
permit application if it has issued a permit for the application.
• allow building permit applicants to electronically submit applications, including all attachments,
payments, drawings, and any other requirements that are required as part of the application.
o Applications, including attachments, payments, drawings, and any other requirements or
parts that are required as part of the application, may also be submitted in person at the
discretion of the building official.

Process for Reviewing Building Permits - Current Situation

Current law requires local enforcement agencies to enforce the Building Code and issue building
permits. However, current law does not specify how local enforcement agencies must review and
process building applications. Instead, current law leaves it up to local enforcement agencies to
determine how they want to process, receive, and approve building permit applications.

According to testimony offered during the regular meeting of the Florida House of Representatives
Regulatory Reform Subcommittee, there are generally two different models for how building
departments are setup. One model is the separated review process, which is a process where an
application goes to different departments for review such as the zoning department and the building
department. The second model is a combined review process, which operates as a one-stop shop for
all development review approval. 53 However, local enforcement agencies operate differently from each

49 Building Officials Association of Florida, Florida Engineering Society, AIA Florida, Building Department Guide to Creating and

Processing Electronic Construction Documents,
http://www.aiafla.org/upload documents/BuildingDepartmentGuidetoCreatingandProcessingE\ectronicDocuments.pdf(last visited
Feb. 25, 2021 ); See The Florida Channel, 1/27/2021 House Regulatory Reform Subcommittee, hltps://thefloridachannel.org/videos/ 1-
27-21-house-regulatory-reform-subcommittee/ (last visited Feb. 19, 2021).
50 Id.
51
Id.; The Community Development Director for the City of Auburndale testified that the cost for them to purchase the software
necessary for the switch to electronic documents cost $90,000. See The Florida Channel, supra note 49.
52 The Massachusetts Association of Regional Planning Agencies, A Best Practices for Streamlined Local Permitting, (Nov. 30, 2007),

http://www.pypc.org/sites/default/ftles/BEST%20PRACTICES%20GUIDE O.pdf (last visited Feb. 24, 2021).
53
See The Florida Channel, supra note 49.
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other, and there is no uniform system for processing, receiving, or approving building permit
applications. 54

Proponents argue that requiring building departments to list their procedures for receiving, processing,
and approving building permit applications on their website helps developers and residents by letting
them know the permitting process from the beginning. It also reduces conflicts and delays in application
review due to misunderstanding about a building department's procedures. It also helps new staff by
letting them know what their responsibilities are in the process. 55

Building departments note that, a building department may have to devote limited resources to creating
the list of its procedures for receiving, processing, and approving building permit applications on its
website. Additional resources may also be needed to update the list to ensure the listed procedures are
current and up to date. 56

Process for Reviewing Building Permits - Effect of the Bill

The bill requires local enforcement agencies to post their procedures for processing, reviewing, and
approving submitted building permit applications on their websites.

Time-Period to Review Building Permit Applications - Current Situation

Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits: 57

• accessory structure;
• alarm permit;
• nonresidential buildings less than 25,000 square feet;
• electric;
• irrigation permit;
• landscaping;
• mechanical;
• plumbing;
• residential units other than a single family unit;
• multifamily residential not exceeding 50 units;
• roofing;
• signs;
• site-plan approvals and subdivision plats not requiring public hearings or public notice;
• lot grading and site alteration associated with the permit application set forth in this subsection;
• master building permits; and
• single-family residential buildings.

When a local government receives an application for one of the above building permits, except master
building permits and single-family residential buildings, it must: 58

• Inform the applicant within 10 days of receiving the application, what information, if any, is
needed to complete the application.

54 Id.
55
The Massachusetts Association of Regional Planning Agencies supra note 52.
56 Id.
57
S. 553.792(2), F.S.
58
S. 553.792(1), F.S.
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o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
• Notify the applicant within 45 days of the application being deemed complete, if additional
information is necessary to determine the sufficiency of the application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government or request
that the local government act on the application without the additional information.
• Approve, approve with conditions, or deny the application within 120 days following receipt of
the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.

These time-periods do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension. 59

If a local government receives a complete master building permit application, it must approve or deny
the application within 120 days of receiving the completed application, unless the applicant agrees to a
longer period. 60

If any government entity with authority to enforce the Building Code receives an application for a
building permit for single-family residential dwelling, it must issue the permit within 30 business days of
receiving the application, unless the application fails to satisfy the Building Code or the enforcing
agency's laws or ordinances, or unusual circumstances require a longer time-period for processing the
application. 61

Current law provides time-periods for when government entities must review certain building permit
applications. However, current law does not provide any penalty if a government entity fails to comply
with the deadlines established by current law.

Time-Period to Review Building Permit Applications - Effect of the Bill

The bill requires local governments to reduce a permit fee for building permit applications by 10 percent
of the original permit fee for each business day that a local government fails to meet the current
statutory time-period for reviewing a building permit application or a time-period established by the local
government.
• A local government does not have reduce the permit fee if the local government and applicant
agree to an extension of time, or if the application is for a master building permit and the
applicant agrees to an extension. ·

The bill provides that if a government entity with authority to enforce the Building Code fails to approve
an application for a single-family residential dwelling building permit within 30 business days of
receiving the application, it must reduce the building permit fee by 10 percent of the original permit fee
for each business day that the enforcing agency fails to meet the deadline.

A government entity does not have to reduce the fee for a single-family residential dwelling building
permit, if:

59 Id.
60
S. 553.794(5)(c), F.S. A master building permit is intended for builders who expect to construct identical single- or two- family
dwellings or townhomes. Once a builder obtains a master building permit, he or she is not required to obtain a new permit for single-
two-family dwelling or townhome as long as the dwelling or townhome is built to the specifications in the master building permit. See
553.794, F.S.
61
S. 553.79(14), F.S.
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• it provides written notice to the applicant, by email or USPS mail within 30 business days of
receiving the application; and
• The written notice specifically states how the application fails to satisfy the Building Code, or the
government entity's laws or ordinances.

An applicant has 10 business days to address the reasons specified in the government entity's notice. If
the applicant submits revisions to the government entity within 10 business days of receiving the notice,
the government entity must approve or deny the permit within 10 business days of receiving the
applicant's revisions.

If a government entity fails to approve or deny the permit within 10 business days of receiving the
applicant's revisions, it must:

• reduce the permit fee by 20 percent of the original permit fee for the first day that it fails to meet
the deadline; and
• an additional 10 percent of the original permit fee for each business day that it fails to meet the
deadline, for up to five business days.

A government entity does not have to reduce the permit fee if the applicant agrees to a longer period in
writing.

If any permit fees are refunded because a local government fails to meet an established deadline for
reviewing a building permit application, the DBPR surcharges for funding the Building Commission, the
BCAIB, and the Florida Homeowners' Recovery Fund must be recalculated based on the amount of the
permit fees after the refund.

Required Information in Building Permit Application - Current Situation

To obtain a permit, an applicant must complete an application for the proposed work on a form
furnished by the government entity. The form must include the following information: 62

• The name and address of the owner of the property;
• The name and address of the contractor;
• A description sufficient to identify the property to be improved, including the property's address
and legal description; and
• The name and address of the bonding company, if any;
• The name and address of the architecUengineer, if any;
• The name and address of the mortgage company, if any; and
• The number or identifying symbol assigned to the building permit by the issuing authority.

In addition to the information that must be in the application, a government entity may require any
additional information be included in the application. 63

According to testimony offered during the Regular meeting of the Florida House of Representatives
Regulatory Reform Subcommittee, many local governments use the cost of construction as a factor64

62
Ss. 713.135(5) and (6), F.S.
63 Id.
64
The International Code Council has created two equations to help jurisdictions determine their permit fee schedules. Two factors of
the factors in the equations are the valuation of the construction cost of the project, and the value of all the construction in the
jurisdiction in the previous year. See International Code Council, Building Valuation Data- February 2020,
https://www.iccsafe.org/wp-content/uploads/BVD-8SJ-FEB20.pdf (last visited Feb. 21, 2021 ).
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for determining the amount of a fee for a building permit. 65 Some local governments are requiring
contractors to include their contracts with private owners in order to obtain building permits so that the
local government can determine the contract's construction cost and construction value. 66 Although
these contracts may contain private proprietary information, when local governments request them they
may become public documents. 67

Required Information in Building Permit Application -- Effect of the Bill

The bill prohibits a government entity from requiring a contract between an owner and a contractor or a
contract between a contractor and a subcontractor or material supplier as a condition to apply for or
obtain a building permit for construction work on a commercial property.

However, this does not apply to any construction projects for improvements that are owned or leased
by a government entity.

B. SECTION DIRECTORY:
Section 1: Amends s. 125.022, F.S., relating to development permits and orders issued by
counties.

Section 2: Amends s. 125.56, F.S., requiring counties to allow submission of certain documents
and list certain things on their websites.

Section 3: Amends s. 166.033, F.S., relating to development permits and orders issued by
municipalities.

Section 4: Amends s. 553.79, F.S., requiring local governments to allow submission of certain
documents, list certain things on their websites, and reduce certain building permit fees.

Section 5: Amends s. 553.792, F.S., requiring local governments to reduce certain building permit
fees.

Section 6: Amends s. 553.794, F.S., requiring local governments to reduce certain building permit
fees.

Section 7. Amends s. 713.135, F.S., prohibiting local governments from requiring contracts in
certain applications for building permits.

Section 8. Providing an effective date of October 1, 2021 .

11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

65
City of Miami, City of Miami Building Permit Fee Schedule, https://www.miamigov.com/Services/Building-Permi.tting/City-of-
Miami-Building-Pennit-Fee-Schedule (last visited Feb. 21, 2021); St. Lucie County, Building Permit Fees,
https://www.stlucieco.gov/Home/ShowDocument?id= 1330 (last visited Feb. 21, 2021); City of Seminole, City ofSeminole Permit Fee
Schedule, https://www.myseminole.com/Bui1ding/Docs/Pennit Fees.pdf (last visited Feb. 21, 2021).
66 See The Florida Channel, 1/27I 2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/1-27-21-house-

reguJatory-refonn-subcommittee/ (last visited Feb. 19, 2021 ).
67
Article I, section 24(a) of the Florida Constitution sets forth the state's public policy regarding access to government records. This
section guarantees every person a right to inspect or copy any public record made or received in connection with official business of
any public body, including counties, municipalities, and districts. Current law does not contain an exemption from Florida's public
records laws for proprietary business information included in a building permit application. See generally, ch. 119. F.S.
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DATE: 2/26/2021
1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact by decreasing the time it takes to obtain a building permit, which
may decrease the cost and time to complete projects.

D. FISCAL COMMENTS:
The amount of permit fees that are refunded by local governments for failing to review a permit
application within a certain time-period is indeterminate. However, any amount will likely be minimal. It
is unclear if refunding a percentage of permit fees will have an impact on the surcharges received by
DBPR. However, any impact will likely be insignificant.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill requires local governments to take actions that require expenditures of money by
requiring local governments to allow electronic submission of certain building permit application
documents, and requiring them to post the current status of received building permit applications, to
list the required documents to be included with a permit application, and to list their procedures for
processing applications on their website. This may result in additional expenditures to comply with
the statute. However, local building departments are permitted by state law to collect building fees
that cover the cost of their expenses. An exemption may apply because the fiscal impact is likely to
be insignificant.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

PCS for HB 1059 2021

1 A bill to be entitled
2 An act relating to construction permits; amending
3 125.022, F.S.; amending the requirements for when
4 counties request certain information; amending 125.56,
5 F.S.; amending the requirements that counties post
6 building permit applications and its procedures for
7 reviewing applications online and allow applicants to
8 submit applications electronically; amending 166.033,
9 F.S.; amending the requirements for when
10 municipalities request certain information; amending
11 553.79, F.S.; amending the requirements that local
12 governments post building permit applications and its
13 procedures for reviewing applications online and allow
14 applicants to submit applications; providing for a
15 reduction of fees in certain circumstances; requiring
16 certain surcharges be recalculated under certain
17 conditions; amending 553.792, F.S.; providing for a
18 reduction of fees in certain circumstances; requiring
19 certain surcharges be recalculated under certain
20 conditions; amending s. 553.794, F.S.; providing for a
21 reduction of fees in certain circumstances; requiring
22 certain surcharges be recalculated under certain
23 conditions; amending 713.135, F.S.; providing that
24 building permit authorities may not require applicants
25 to provide certain contracts for certain types of

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26 building permits; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (2) of section 125.022, Florida
31 Statutes, is amended to read:
32 125.022 Development permits and orders.-
33 (2)~ When reviewing an application for a development
34 permit or development order that is certified by a professional
35 listed ins. 403.0877, a county may not request additional
36 information from the applicant more than three times, unless the
37 applicant waives the limitation in writing.
38 (b) If a county makes a request for additional information
39 and the applicant submits the required additional information
40 within 30 days of receiving the request, the county must review
41 the application for completeness and issue a letter indicating
42 that all required information has been submitted or specify with
43 particularity any areas that are deficient within 30 days of
44 receiving the additional information.
45 (c) If a county makes a second request for additional
46 information and the applicant submits the required additional
47 information within 30 days of receiving the request , the county
48 must 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

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51 10 days of receiving the additional information.
52 J.s!l Before a third request for additional information, the
53 applicant must be offered a meeting to attempt to resolve
54 outstanding issues. If a county makes a third request for
55 additional information and the applicant submits the required
56 additional information within 30 days of receiving the request,
57 it must deem the application complete within 10 days or proceed
58 to process the application for approval or denial unless the
59 applicant waived the county's limitation in writing described in
60 paragraph (a).
61 J..§1 Except as provided in subsection (5), if the applicant
62 believes the request for additional information is not
63 authorized by ordinance, rule, statute, or other legal
64 authority, the county, at the applicant's request, shall proceed
65 to process the application for approval or denial.
66 Section 2. Paragraph (b) of subsection (4) of section
67 125.56, Florida Statutes, is amended, and a new paragraph (f) is
68 added to that subsection to read:
69 125.56 Enforcement and amendment of the Florida Building
70 Code and the Florida Fire Prevention Code; inspection fees;
71 inspectors; etc.-
72 ( 4)

73 (b) A county that issues building permits shall post each
74 type of building permit application, including a list of all
75 required attachments, drawings, or other requirements for each

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76 type of application, on its website. A county must post and
77 update the status of every received application on its website
78 until the issuance of the building permit. Completed
79 applications, including payments, attachments, drawings, or
80 other requirements or parts of the completed permit application,
81 must be able to be submitted electronically to the county
82 building department. Accepted methods of electronic submission
83 include, but are not limited to, e-mail submission of
84 applications in Portable Document Format or submission of
85 applications through an electronic fill-in form available on the
86 building department's website or through a third-party
87 submission management software. Completed applications,
88 including payments, attachments, er drawings, or other
89 requirements or parts requi:red as part of the completed permit
90 applicationL may also be submitted in person in a nonelectronic
91 format, at the discretion of the building official.
92 (f) A county that issues building permits must post its
93 procedures for processing, reviewing, and approving submitted
94 building permit applications on its website.
95 Section 3. Subsection (2) of section 166.033, Florida
96 Statutes, is amended to read:
97 166.033 Development permits and orders.-
98 (2)~ When reviewing an application for a development
99 permit or development order that is certified by a professional
100 listed ins. 403.0877, a municipality may not request additional

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101 information from the applicant more than three times, unless the
102 applicant waives the limitation in writing.
103 (b) If a municipality makes a request for additional
104 information and the applicant submits the required additional
105 information within 30 days of receiving the request, the
106 municipality must review the application for completeness and
107 issue a letter indicating that all required information was
108 submitted or specify with particularity any areas that are
109 deficient within 30 days of receiving the additional
110 information.
111 (c) If a municipality makes a second request for additional
112 information and the applicant submits the required additional
113 information within 30 days of receiving the request, the
114 municipality must review the application for completeness and
115 issue a letter indicating that all required information was
116 submitted or specify with particularity any areas that are
117 deficient within 10 days of receiving the additional
118 information.
119 ls!l Before a third request for additional information, the
120 applicant must be offered a meeting to attempt to resolve
121 outstanding issues. If a municipality makes a third request for
122 additional information and the applicant submits the required
123 additional information within 30 days of receiving the request,
124 it must deem the application complete within 10 days or proceed
125 to process the application for approval or denial unless the

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126 applicant waived the municipality's limitation in writing
127 described in paragraph (a} .
128 ~ Except as provided in subsection (5), if the applicant
129 believes the request for additional information is not
130 authorized by ordinance, rule, statute, or other legal
131 authority, the municipality, at the applicant's request, shall
132 proceed to process the application for approval or denial.
133 Section 4. Paragraph (b) of subsection (1) and subsection
134 (14) are amended, new paragraph (d) is added to that subsection
135 (1), to read:
136 553.79 Permits; applications; issuance; inspections.-
137 (1)

138 (b) A local enforcement agency shall post each type of
139 building permit application, including a list of all required
140 attachments, drawings, or any other requirement for each type of
141 application, on its website. A local enforcement agency must
142 post the current status of every received application on its
143 website until the issuance of the building permit. Completed
144 applications, including payments, attachments, drawings, or any
145 other requirements or parts of the completed permit application,
146 must be able to be submitted electronically to the appropriate
147 building department. Accepted methods of electronic submission
148 include, but are not limited to, e-mail submission of
149 applications in Portable Document Format or submission of
150 applications through an electronic fill-in form available on the

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151 building department's website or through a third-party
152 submission management software. Completed applications,
153 including payments, attachments, er drawings, or any other
154 requir e ments or parts requi red as part of the completed permit
155 applicationL may also be submitted in person in a nonelectronic
156 format, at the discretion of the building official.
157 (d) A local enforcement agency must post its procedures
158 for processing, reviewing, and approving submitted building
159 permit applications on its website.
160 (14) A building permit for a single-family residential
161 dwelling must be issued within 30 business ',rnrking days of
162 receiving the application therefor unless unusual circumstances
163 require a longer time for processing the application or unless
164 the permit application fails to satisfy the Florida Building
165 Code or the enforcing agency's laws or ordinances.
166 (a) If a local enforcing agency fails to issue a building
167 permit for a single-family residential dwelling within 30
168 business days of receiving the application, it must reduce the
169 building permit fee by 10 percent for each business day that the
170 enforcing agency fails to meet the deadline. Each 10 percent
171 reduction shall be based on the original amount of the building
172 permit fee.
173 (b) A local enforcing agency does not have to reduce such
174 fee, if the enforcing agency provides written notice to the
175 applicant, by e-mail or United States Postal Service, within 30

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17 6 business days of receiving the application, that specifically
177 states why the application fails to satisfy the Florida Building
178 Code, or the enforcing agency's laws or ordinances.
179 (c) The applicant has 10 business days to address the
180 reasons specified by the local enforcing agency and submit
181 revisions to correct the application. If the permit applicant
182 submits revisions within 10 business days of receiving the
183 notice, the local enforcing agency has 10 business days to
184 approve or deny the permit unless the applicant agrees to a
185 longer period in writing. If the local enforcing agency fails to
186 issue or deny the building permit within 10 business days of
187 receiving the revisions, it must reduce the permit fee by 20
188 percent for the first day that the enforcing agency fails to
189 meet the deadline unless the applicant agrees to a longer period
190 in writing. For each additional business day after the first day
191 that the enforcing agency fails to meet the deadline, the permit
192 fee must be reduced by an additional 10 percent for each
193 business day that the enforcing agency fails to meet the
194 deadline, for up to 5 business days. Each reduction shall be
195 based on the original amount of the building permit fee.
196 (d) If any permit fees are refunded under this subsection,
197 the surcharges provided for ins. 553.721 ors. 468.631 must be
198 recalculated based on the amount of the permit fees after the
199 refund.
200 Section 5. Section 553.792, Florida Statutes, is amended

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201 to read:
202 553.792 Building permit application to local government.-
203 (l)J.tl Within 10 days of an applicant submitting an
204 application to the local government, the local government shall
205 advise the applicant what information, if any, is needed to deem
206 the application properly completed in compliance with the filing
207 requirements published by the local government. If the local
208 government does not provide written notice that the applicant
209 has not submitted the properly completed application, the
210 application shall be automatically deemed properly completed and
211 accepted. Within 45 days after receiving a completed
212 application, a local government must notify an applicant if
213 additional information is required for the local government to
214 determine the sufficiency of the application, and shall specify
215 the additional information that is required. The applicant must
216 submit the additional information to the local government or
217 request that the local government act without the additional
218 information. While the applicant responds to the request for
219 additional information, the 120-day period described in this
220 subsection is tolled. Both parties may agree to a reasonable
221 request for an extension of time, particularly in the event of a
222 force majeure major or other extraordinary circumstance. The
223 local government must approve, approve with conditions, or deny
224 the application within 120 days following receipt of a completed
225 application.

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226 (b) If a local government does not meet a deadline
227 provided for in paragraph (a), it must reduce the building
228 permit fee by 10 percent for each business day that the
229 enforcing agency fails to meet the deadline. Each 10 percent
230 reduction shall be based on the original amount of the building
231 permit fee , unless the parties agree to an extension of time.
232 (2)___@J_ The procedures set forth in subsection (1) apply to
233 the following building permit applications: accessory structure;
234 alarm permit; nonresidential buildings less than 25,000 square
235 feet; electric; irrigation permit; landscaping; mechanical;
236 plumbing; residential units other than a single family unit;
237 multifamily residential not exceeding 50 units; roofing; signs;
238 site-plan approvals and subdivision plats not requiring public
239 hearings or public notice; and lot grading and site alteration
240 associated with the permit application set forth in this
241 subsection. The procedures set forth in subsection (1) do not
242 apply to permits for any wireless communications facilities or
243 when a law, agency rule, or local ordinance specify different
244 timeframes for review of local building permit applications.
245 (b) If a local government has different tirnefrarnes than
246 the procedures set forth in subsection (1) for reviewing
247 building permit applications described in paragraph (a), the
248 local government must meet the deadlines established by local
249 ordinance. If a local government does not meet an established
250 deadline to approve, approve with conditions, or deny an

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251 application, it must reduce the building permit fee by 10
252 percent for each business day the enforcing agency fails to meet
253 the deadline. Each 10 percent reduction shall be based on the
254 original amount of the building permit fee, unless the parties
255 agree to an extension of time. This paragraph does not apply to
256 permits for any wireless communications facilities.
257 (3) If any permit fees are refunded under this section,
258 the surcharges provided for ins. 553.721 ors. 468.631 must be
259 recalculated based on the amount of the permit fees after the
260 refund.
261 Section 6. Paragraph (c) of subsection (5) of section
262 553.794, Florida Statutes, is amended to read:
263 553.794 Local government residential master building
264 permit program.-
265 (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.-
266 (c) The local building department must approve or deny a
2 67 master building permit application within 120 days after the
268 local building department receives a completed application,
269 unless the applicant agrees to a longer period. If a local
270 building department fails to approve or deny a master building
271 permit application within 120 days of receiving the completed
272 application, it must reduce the building permit fee by 10
273 percent for each business day the enforcing agency fails to meet
274 the deadline, unless the applicant agrees to a longer time
275 period. Each 10 percent reduction shall be based on the original

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276 amount of the building permit fee. If any permit fees are
277 refunded, the surcharges provided for ins. 553.721 ors.
278 468.631 must be recalculated based on the amount of the permit
279 fees after the refund.
280 Section 7. Present subsections (6) through (7) of section
281 713.135, Florida Statutes, are redesignated as subsections (7)
282 through (8), respectively, new subsection (6) is added to that
283 section, to read:
284 713.135 Notice of commencement and applicability of liert.-
285 (6) An authority that issues building permits may not
286 require an applicant to provide a direct contract or a contract
287 between a contractor and any other lienor as a condition of the
288 application for, or processing or issuance of, a building permit
289 for the construction of improvements or for the alteration or
290 repair of improvements on or to commercial property. This
291 subsection does not apply to the construction of improvements or
292 the alteration or repair of improvements owned or leased by the
293 federal government, the state or any county, city, or political
294 subdivision thereof, or other public authority.
295 Section 8. This act shall take effect October 1, 2021.

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