Committee/Subcommittee Amendment — Bill No. PCS for HB 267 (2024), Amendment No. 1

Summary

Amendment No. 1 to Bill No. PCS for HB 267 (2024), offered by Representative Esposito before the Regulatory Reform & Economic Development Subcommittee and published on 12/12/2023. The amendment, with title amendment, removes lines 133-295 and inserts new text on residential subdivision and planned community permitting, including a performance bond for up to 130 percent of incomplete improvements and vested rights in an approved preliminary plat. Section 2 amends subsection (16) of section 553.79, Florida Statutes, on issuing single-family building permits within 30 business days, with building permit fee reductions when deadlines are missed. Section 3 amends section 553.792 on local government timelines for building permit applications and requests for additional information. The amendment is 9 pages.

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Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 267    (2024)
       Amendment No. 1




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       WITHDRAWN                    (Y/N)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


 1     Committee/Subcommittee hearing bill:      Regulatory Reform &
 2     Economic Development Subcommittee
 3     Representative Esposito offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 133-295 and insert:
 7     each residential subdivision or planned community.
 8          (b)    The applicant provides proof to the governing body
 9     that the applicant has provided a copy of the approved
10     preliminary plat, along with the approved plans, to the relevant
11     electric, water, and wastewater utilities.
12          (c)    The applicant holds a valid performance bond for up to
13     130 percent of the necessary utilities, roads, and stormwater
14     improvements that have not been completed upon submission of the
15     application under this section. For purposes of master planned


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16     communities, as defined in s. 163.3202(5)(b), a valid
17     performance bond is required on a phase-by-phase basis.
18          (7)(a)   An applicant may contract to sell, but may not
19     transfer ownership of, a residential structure or building
20     located in the residential subdivision or planned community
21     until the final plat is approved by the governing body and
22     recorded in the public records by the clerk of the circuit
23     court.
24          (b)   An applicant may not obtain a final certificate of
25     occupancy for each residential structure or building for which a
26     building permit is issued until the final plat is approved by
27     the governing body and recorded in the public records by the
28     clerk of the circuit court.
29          (8)   For purposes of this section, an applicant has a
30     vested right in a preliminary plat that has been approved with
31     conditions by a governing entity, if all of the following
32     conditions are met:
33          (a)   The applicant relies in good faith on the approved
34     preliminary plat or any amendments thereto; and
35          (b)   The applicant commences and is continuing in good
36     faith with the development of the property.
37          (9)   Upon the establishment of vested rights by applicant
38     in subsection (8), a government entity may not make substantive
39     changes to the preliminary plat without the applicant’s written
40     consent.
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41          (10)   An applicant must indemnify and hold harmless the
42     governing body and its agents and employees from damages
43     accruing and directly related to the issuance of a building
44     permit for a residential building or structure located in the
45     residential subdivision or planned community before the approval
46     and recording of the final plat by the governing body. This
47     includes damage resulting from fire, flood, construction
48     defects, and bodily injury, but excludes infringement of vested
49     rights.
50          Section 2.   Subsection (16) of section 553.79, Florida
51     Statutes, is amended to read:
52          553.79   Permits; applications; issuance; inspections. —
53          (16)   Except as provided in paragraph (e), a building
54     permit for a single-family residential dwelling must be issued
55     within 30 business days after receiving the permit application
56     unless the permit application fails to satisfy the Florida
57     Building Code or the enforcing agency's laws or ordinances.
58          (a)    If a local enforcement agency fails to issue a
59     building permit for a single-family residential dwelling within
60     30 business days after receiving the permit application, it must
61     reduce the building permit fee by 10 percent for each business
62     day that it fails to meet the deadline. Each 10-percent
63     reduction shall be based on the original amount of the building
64     permit fee.


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65          (b)   A local enforcement agency does not have to reduce the
66     building permit fee if it provides written notice to the
67     applicant, by e-mail or United States Postal Service, within 30
68     business days after receiving the permit application, that
69     specifically states the reasons the permit application fails to
70     satisfy the Florida Building Code or the enforcing agency's laws
71     or ordinances. The written notice must also state that the
72     applicant has 10 business days after receiving the written
73     notice to submit revisions to correct the permit application and
74     that failure to correct the application within 10 business days
75     will result in a denial of the application.
76          (c)   The applicant has 10 business days after receiving the
77     written notice to address the reasons specified by the local
78     enforcement agency and submit revisions to correct the permit
79     application. If the applicant submits revisions within 10
80     business days after receiving the written notice, the local
81     enforcement agency has 10 business days after receiving such
82     revisions to approve or deny the building permit unless the
83     applicant agrees to a longer period in writing. If the local
84     enforcement agency fails to issue or deny the building permit
85     within 10 business days after receiving the revisions, it must
86     reduce the building permit fee by 20 percent for the first
87     business day that it fails to meet the deadline unless the
88     applicant agrees to a longer period in writing. For each
89     additional business day, but not to exceed 5 business days, that
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 90     the local enforcement agency fails to meet the deadline, the
 91     building permit fee must be reduced by an additional 10 percent.
 92     Each reduction shall be based on the original amount of the
 93     building permit fee.
 94          (d)   If any building permit fees are refunded under this
 95     subsection, the surcharges provided in s. 468.631 or s. 553.721
 96     must be recalculated based on the amount of the building permit
 97     fees after the refund.
 98          (e)   A building permit for a single-family residential
 99     dwelling applied for by a contractor licensed in this state on
100     behalf of a property owner who participates in a Community
101     Development Block Grant–Disaster Recovery program administered
102     by the Department of Economic Opportunity must be issued with in
103     15 working days after receipt of the application unless the
104     permit application fails to satisfy the Florida Building Code or
105     the enforcing agency's laws or ordinances.
106          Section 3.    Subsections (1) and (2) of section 553.792,
107     Florida Statutes, are amended and subsection (4) is added to
108     that section, to read:
109          553.792    Building permit application to local government.—
110          (1)(a)    The local government must approve, approve with
111     conditions, or deny a building permit application following
112     receipt of a completed and sufficient application within the
113     following timelines, unless the applicant waives such limitation
114     in writing:
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115          1.   For an applicant using local government plans review to
116     obtain a building permit, within 30 business days after
117     receiving a complete and sufficient application.
118          2.   For an applicant using a private provider consistent
119     with s. 553.791 to obtain a building permit, within 15 business
120     days after receiving a complete and sufficient application.
121          3.   For an applicant for a master plan permit pursuant to
122     paragraph (e), within 10 business days after receiving a
123     complete and sufficient application.
124          4.   For an applicant for a single-family residential
125     dwelling applied for by a contractor licensed in this state on
126     behalf of a property owner who participates in a Community
127     Development Block Grant–Disaster Recovery program administered
128     by the Department of Economic Opportunity, within 10 business
129     days after receipt of the application unless the permit
130     application fails to satisfy the Florida Building Code or the
131     enforcing agency's laws or ordinances.
132
133     If the local government does not approve, approve with
134     conditions, or deny the completed and sufficient application
135     within the required timeframes, the application is deemed or
136     determined to be approved. A local government must meet the
137     timeframes set forth in this section for reviewing building
138     permit applications, unless the timeframes set by local


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139     ordinance are more stringent than those prescribed in this
140     section.
141          (b)     After Within 10 days of an applicant submits
142     submitting an application to the local government, the local
143     government must provide written notice to the applicant within 5
144     business days after receipt of the application advising shall
145     advise the applicant what information, if any, is needed to deem
146     or determine that the application is properly completed in
147     compliance with the filing requirements published by the local
148     government. If the local government does not provide timely
149     written notice that the applicant has not submitted the properly
150     completed application, the application shall be automatically
151     deemed or determined to be properly completed and accepted.
152          (c)1.    Within 10 business 45 days after receiving a
153     completed application, a local government must provide written
154     notice to notify an applicant if additional information is
155     required for the local government to determine the sufficiency
156     of the application, and the notice must shall specify the
157     additional information that is required. The applicant may must
158     submit the additional information to the local government or
159     request that the local government act without the additional
160     information. While the applicant responds to the request for
161     additional information, the 120-day period described in this
162     subsection is tolled. Both parties may agree to a reasonable
163     request for an extension of time, particularly in the event of a
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164     force majeure or other extraordinary circumstance. When
165     reviewing an application for a building permit, a local
166     government may not request additional information from the
167     applicant more than two times, unless the applicant waives such
168     limitation in writing. If the local government requests
169     additional information for a second time, such request must be
170     within 10 business days of receiving the additional information
171     indicated in the first request, and the local government must
172     determine the sufficiency of the application within 10 business
173     days of receiving the requested additional information. If the
174     local government does not provide timely written notice that the
175     applicant must submit additional information to determine
176     whether the application is sufficient, the application shall be
177     automatically deemed or determined to be sufficient. The local
178     government must approve, approve with conditions, or deny the
179     application within 120 days following receipt of a completed
180     application.
181          2.   Before a second request for additional information may
182     be made, the local government must offer the applicant an
183     opportunity to meet in person or virtually with the local
184     government to attempt to resolve outstanding issues.
185          3.   If the applicant believes the request for additional
186     information is not authorized by ordinance, rule, statute, or
187     other legal authority, the local government, at the applicant's


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188     written request, must process the application within 10 business
189     days
190
191            -----------------------------------------------------
192                         T I T L E   A M E N D M E N T
193            Remove line 17 and insert:
194     the program; providing that an applicant has a vested right in
195     an approved preliminary plat when certain conditions are met;
196     amending s. 553.79, F.S.; removing




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