HB 267 — Building Regulations

(h)This Theparagraph termdoes "windbornenot debrisrestrict region" has the samegoverning meaningbody asfrom inissuing themore Floridathan Building50 Code,percent 7th Edition (2020) Residential, until the adoption of the 9thbuilding Editionpermits offor the Floridaresidential Buildingsubdivision Code.or planned community.

(b) A governing body that had a program in place before July 1, 2023, to expedite the building permit process, need only update their program to approve an applicant's written application to issue up to 50 percent of the building permits for the residential subdivision or planned community in order to comply with this section.

This paragraph does not restrict a governing body from issuing more than 50 percent of the building permits for the residential subdivision or planned community.

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hb0267-01-c1 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 CS/HB267 2024 (c) By December 31, 2027, the governing body of a county that has 75,000 residents or more and the governing body of a municipality that has 30,000 residents or more shall update its program to expedite the process for issuing building permits for residential subdivisions or planned communities in accordance with the Florida Building Code and this section before a final plat is recorded with the clerk of the circuit court.

The expedited process must include an application for an applicant to identify the percentage of planned homes, not to exceed 75 percent of the residential subdivision or planned community, or the number of building permits that the governing body must issue for the residential subdivision or planned community.

This paragraph does not restrict the governing body from issuing more than 75 percent of the building permits for the residential subdivision or planned community.

(3) A governing body shall create:

(a) A two-step application process for the adoption of a preliminary plat and for a final plat in order to expedite the issuance of building permits under this section.

The application must allow an applicant to identify the percentage of planned homes or the number of building permits that the governing body must issue for the residential subdivision or planned community.

(b) A master building permit process consistent with s.

553.794(3) for applicants seeking multiple building permits for residential subdivisions or planned communities.

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hb0267-01-c1 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 CS/HB267 2024 this paragraph, a master building permit is valid for 3 consecutive years after its issuance or until the adoption of a new Florida Building Code, whichever is earlier.

After a new Florida Building Code is adopted, the applicant may apply for a new master building permit, which, upon approval, is valid for 3 consecutive years.

(4) An applicant may use a private provider consistent with s.

553.791 to review a preliminary plat and to obtain a building permit for each residential building or structure.

(5) A governing body may work with appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.

(6) The governing body must issue the number or percentage of building permits requested by an applicant in accordance with the Florida Building Code and this section, provided the residential buildings or structures are unoccupied and all of the following conditions are met:

(a) The governing body has approved a preliminary plat for each residential subdivision or planned community.

(b) The applicant provides proof to the governing body that the applicant has provided a copy of the approved preliminary plat, along with the approved plans, to the relevant electric, water, and wastewater utilities.

(c) The applicant holds a valid performance bond for up to Page 6of 22 CODING:

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hb0267-01-c1 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 CS/HB267 2024 130 percent of the necessary utilities, roads, and stormwater improvements that have not been completed upon submission of the application under this section.

For purposes of a master planned community as defined in s.

163.3202(5)(b), a valid performance bond is required on a phase-by-phase basis.

(7)(a) An applicant may contract to sell, but may not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

(b) An applicant may not obtain a final certificate of occupancy for each residential structure or building for which a building permit is issued until the final plat is approved by the governing body and recorded in the public records by the clerk of the circuit court.

(8) For purposes of this section, an applicant has a vested right in a preliminary plat that has been approved by a governing body if all of the following conditions are met:

(a) The applicant relies in good faith on the approved preliminary plat or any amendments thereto.

(b) The applicant commences and is continuing in good faith with the development of the property.

(9) Upon the establishment of an applicant's vested rights in accordance with subsection (8), a governing body may not make Page 7of 22 CODING:

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hb0267-01-c1 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 CS/HB267 2024 substantive changes to the preliminary plat without the applicant's written consent.

(10) An applicant must indemnify and hold harmless the governing body and its agents and employees from damages accruing and directly related to the issuance of a building permit for a residential building or structure located in the residential subdivision or planned community before the approval and recording of the final plat by the governing body.

This includes damage resulting from fire, flood, construction defects, and bodily injury, but excludes the infringement of vested rights.

Each 10-percent reduction shall be based on the original amount of the building permitPage fee.8of 22 CODING:

(b) A local enforcement agency does not have to reduce the building permit fee if it provides written notice to the applicant, by e-mail or United States Postal Service, within 30 Page 3of 17 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 business days after receiving the permit application,fee. that specifically states the reasons the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances.

(b) A local enforcement agency does not have to reduce the building permit fee if it provides written notice to the applicant, by e-mail or United States Postal Service, within 30 business days after receiving the permit application, that specifically states the reasons the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances.

For each additionalPage business9of day,22 butCODING: not to exceed 5 business days, that the local enforcement agency fails to meet the deadline, the building permit fee must be reduced by an additional 10 percent.

Each reduction shall be based on the original amount of the Page 4of 17 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 additional business day, but not to exceed 5 business days, that the local enforcement agency fails to meet the deadline, the building permit fee.fee must be reduced by an additional 10 percent.

Each reduction shall be based on the original amount of the building permit fee.

553.792 Building permit application to local government.— (1)(a) A local government must approve, approve with conditions, or deny a building permit application after receipt of a completed and sufficient application within the following timeframes, unless the applicant waives such timeframes in writing:Page 10 of22 CODING:

1.

For an applicant using a local government plans reviewer to obtain a building permit, within 30 business days after receiving a complete and sufficient application.

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hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 2.writing:

1.

For an applicant using a local government plans reviewer to obtain a building permit, within 30 business days after receiving a complete and sufficient application.

2.

5.

For an applicant for a multifamily residential unit, within 60 business days after receiving a complete and sufficient application.

(b) A local government must meet the timeframes set forth in this section for reviewing building permit applications unless the timeframes set by local ordinance are more stringent Page 6of11 17of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 unless the timeframes set by local ordinance are more stringent than those prescribed in this section.

Within 10 business 45 days after providing written notice to the applicant that his or her application is properly completed or upon receipt of any information needed to deem the application complete receiving a completed application, a local government must provide written notice to notify an applicant if additional information is required for the local government to determine the sufficiency of the application, and the notice must shall specify the additional information that is required.

When reviewing an application for a building permit, a local government may not request additional information from the applicant more than two times unless the Page 7of12 17of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 request additional information from the applicant more than two times unless the applicant waives such limitation in writing.

While the applicant responds to the request for additional information, the 120-day period described in this Pagesubsection 8ofis 17tolled. CODING:

Both parties may agree to a reasonable Page 13 of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 subsectionrequest isfor tolled.an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

Advise the applicant of information, if any, that is needed to deem the application properly completed or to Pagedetermine 9ofthe 17sufficiency CODING:of the application.

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hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 determine3. the sufficiency of the application.

3.

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Approve the application with conditions;

or Page 15 of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 b.c.

Approve the application with conditions;

or c.

(f)(c) If a local government fails to meet a deadline under this subsection provided in paragraphs (a) and (b), it must reduce the building permit fee by 10 percent for each business day that it fails to meet the deadline, unless the parties agree in writing to a reasonable extension of time,time. the delay is caused by the applicant, or the delay is attributable to a force majeure or other extraordinary circumstances.

multifamily residential not exceeding 50 Pageunits; 11 of17 CODING:

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hb0267-02-c2 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 CS/CS/HB267 2024 units;

and lot grading and site alteration associated with the permit application set forthPage in16 thisof22 subsection.CODING:

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hb0267-01-c1 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 CS/HB267 2024 forth in this subsection.

Page125.56(2) 12or of17s. CODING:

166.222 and this section, for enforcing this part.

These fees, and any fines or investment earnings related to the fees, may only shall be used solely for carrying out the Page 17 of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 125.56(2)local orgovernment's s.responsibilities in enforcing the Florida Building Code, including upgrading technology hardware and software systems that are used in enforcement.

166.222 and this section, for enforcing this part.

These fees, and any fines or investment earnings related to the fees, may only shall be used solely for carrying out the local government's responsibilities in enforcing the Florida Building Code, including upgrading technology hardware and software systems that are used in enforcement.

The basis for a fee structure for allowable activities must relate to the level Pageof 13service of17provided CODING:by the local government and must include consideration for refunding fees due to reduced services based on services provided as prescribed by s.

553.791, but not Page 18 of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 of service provided by the local governmentgovernment. and must include consideration for refunding fees due to reduced services based on services provided as prescribed by s.

553.791, but not provided by the local government.

An owner or builder who has a valid building permit issued by a local government for a fee, or an association of owners or builders located in the state that has members with valid building permits issued by a local government for a fee, may bring a civil action against the local government that Page 1419 of17of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 of owners or builders located in the state that has members with valid building permits issued by a local government for a fee, may bring a civil action against the local government that issued the permit for a fee to enforce this subparagraph.

The local enforcement agency, independent district, or special district may not require at any time, including at the Pagetime 15of of17application CODING:for a permit, the payment of any additional fees, charges, or expenses associated with:

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hb0267-02-c2 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 CS/CS/HB267 2024 time of application for a permit, the payment of any additional fees, charges, or expenses associated with:

b.Page 20 of22 CODING:

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hb0267-01-c1 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 CS/HB267 2024 b.

These plans Pageand 16permits of17must CODING:be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code.

As provided in s.

627.413(5), each certificate of Page 21 of22 CODING:

hb0267-02-c2hb0267-01-c1 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 CS/CS/HB267CS/HB267 2024 andcoverage permits must beshow, openon toits inspectionface, bywhether theor buildingnot officialcoverage oris asecured dulyunder authorizedthe representative,minimum aspremium requiredprovisions of rules adopted by therating Floridaorganizations Buildinglicensed Code.pursuant to s.

As provided in s.

627.413(5), each certificate of coverage must show, on its face, whether or not coverage is secured under the minimum premium provisions of rules adopted by rating organizations licensed pursuant to s.

This act shall take effect JanuaryJuly 1, 2025.2024.

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