PCS for HB 1059 (2021): An act relating to construction permits
Summary
A proposed committee substitute, PCS for HB 1059, of 2021, a bill to be entitled an act relating to construction permits. It amends sections 125.022, 125.56, 166.033, 553.79, 553.792, 553.794 and 713.135 of the Florida Statutes, covering when counties and municipalities request additional information on permit applications, online posting and electronic submission of building permit applications, and a reduction of fees in certain circumstances. New subsection (6) of section 713.135 provides that an authority that issues building permits may not require a direct contract or a contract between a contractor and any other lienor as a condition of a permit application for commercial property. Section 8 sets an effective date of October 1, 2021.
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“PCS for HB 1059 (2021): An act relating to construction permits.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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)(a) When reviewing an application for a development
34 permit or development order that is certified by a professional
35 listed in s. 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 (d) 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 (e) 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, or drawings, or other
89 requirements or parts required as part of the completed permit
90 application, 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)(a) When reviewing an application for a development
99 permit or development order that is certified by a professional
100 listed in s. 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 (d) 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 (e) 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, or drawings, or any other
154 requirements or parts required as part of the completed permit
155 application, 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 working 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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176 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 in s. 553.721 or s. 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 (1)(a) 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)(a) 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 timeframes 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 in s. 553.721 or s. 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
267 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 in s. 553.721 or s.
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 lien.—
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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