House Staff Analysis: PCS for HB 1059 Building Permits (Regulatory Reform Subcommittee)

Issuer: Congressional materials
Document type: 2021 3101 Regulatory Reform Subcommittee Proposed Committee Bill Analyses Fn Pcs1059 Rrs
Case: 2021 3101 Regulatory Reform Subcommittee Proposed Committee Bill Analyses Fn Pcs1059 Rrs

Summary

A House of Representatives staff analysis dated 2/26/2021 of the PCS for HB 1059, Building Permits, sponsored by the Regulatory Reform Subcommittee. It summarizes current law under the Florida Building Codes Act and the Community Planning Act on development permits and building permits. The analysis states that the bill sets review periods for additional information on development permit applications, requires local enforcement agencies to post building permit applications and statuses online and accept electronic submissions, and reduces permit fees for missed review deadlines. The bill has an effective date of October 1, 2021. The fiscal analysis describes an indeterminate impact on state and local government and notes that Art. VII, s. 18 of the Florida Constitution may apply.

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Cite this document

“House Staff Analysis: PCS for HB 1059 Building Permits (Regulatory Reform Subcommittee).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3101-regulatory-reform-subcommittee-proposed-committee-bill-analyses-fn-pcs1059-rrs/, SHA-256 728ec59d12656945e31af3e1bc871cbe4f103dd7ede17e71707642a05272244e.

Full text

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 Brackett 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 .
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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
proceed to process the application for approval or denial.12 If denied, the county or municipality is

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 Id.
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.
12 Id.

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DATE: 2/26/2021
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
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.19

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 of 2019 House Bill 7103 (Jul. 1, 2019).
16
Ss. 125.022(1) and (2), and 166.033 (1) and (2), F.S.
17
Id.
18
Id.
19
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 15, 2021).
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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

 The Department of Corrections and the Department of Juvenile Justice, and the Department of
Management Services (DMS) enforces the construction regulations relating to correctional
facilities under their jurisdiction.
 The DMS enforces the construction regulations for the Governor’s Mansion and its grounds, the
Capitol, and the Capitol complex.

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://floridabuilding.org/c/default.aspx (last visited Feb. 21, 2021).
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. 125.01(1)(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 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 DCF’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
report35 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.

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

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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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
 Encourage economic development by having an efficient permit system.

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

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/8-9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Feb. 22, 2021);
PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and Government Revenues,
(Dec. 7, 2005).
42
Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Feb. 24, 2021).
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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
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

43
S. 553.71(5), F.S.
44
Ss. 125.56(4)(b) & 553.79(1)(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(1)(b), F.S.
47
City of Miramar, Building, Permits & Inspections, https://www.miramarfl.gov/150/Building-Permits-Inspections (last visited Feb.
25, 2021); City of Orlando, Permits & Inspections, https://www.orlando.gov/Building-Development/Permits-Inspections (last visited
Feb. 24, 2021); Union County, Building Department, https://unioncounty-fl.gov/building-department/ (last visited Feb. 25, 2021); City
of Crestview, Building Permits & Inspections, http://www.cityofcrestview.org/161/Building-Permits-Inspections (last visited Feb. 25,
2021).
48
Ryan Meres, Seven Keys to Alleviating Permitting Pain, Builder (Jul. 23, 2015) https://www.builderonline.com/building/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.egovlink.com/how-to-streamline-your-local-government-permitting-
process/ (last visited Feb. 24, 2021)
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/BuildingDepartmentGuidetoCreatingandProcessingElectronicDocuments.pdf (last visited
Feb. 25, 2021); See The Florida Channel, 1/27/ 2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/1-
27-21-house-regulatory-reform-subcommittee/ (last visited Feb. 19, 2021).
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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
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

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.pvpc.org/sites/default/files/BEST%20PRACTICES%20GUIDE_0.pdf (last visited Feb. 24, 2021).
53
See The Florida Channel, supra note 49.
54
Id.
55
The Massachusetts Association of Regional Planning Agencies supra note 52.
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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.
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.

56
Id.
57
S. 553.792(2), F.S.
58
S. 553.792(1), F.S.
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DATE: 2/26/2021
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:

 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
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.
STORAGE NAME: pcs1059.RRS PAGE: 10
DATE: 2/26/2021
 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 architect/engineer, 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 factor 64
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.

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-BSJ-FEB20.pdf (last visited Feb. 21, 2021).
65
City of Miami, City of Miami Building Permit Fee Schedule, https://www.miamigov.com/Services/Building-Permitting/City-of-
Miami-Building-Permit-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 of Seminole Permit Fee
Schedule, https://www.myseminole.com/Building/Docs/Permit_Fees.pdf (last visited Feb. 21, 2021).
66
See The Florida Channel, 1/27/ 2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/1-27-21-house-
regulatory-reform-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.
STORAGE NAME: pcs1059.RRS PAGE: 11
DATE: 2/26/2021
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.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

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:

STORAGE NAME: pcs1059.RRS PAGE: 12
DATE: 2/26/2021
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.

III. 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.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: pcs1059.RRS PAGE: 13
DATE: 2/26/2021

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House Staff Analysis: PCS for HB 1059 Building Permits (Regulatory Reform Subcommittee)

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