SB 684 — Residential Building Permits

Florida Senate - 2024 CS for SB 684 578-03037-24 2024684c1 (4) An applicant may use a private provider consistent with s.

Page(a) 5The ofgoverning 26body CODING:has approved a preliminary plat for each residential building or structure.

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 (a) The governing body has approved a preliminary plat for each residential building or structure.

(b) An applicant may not obtain a final certificate of occupancyPage with5 respect to 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 the24 circuitCODING: court.

(c) An applicant must indemnify and hold harmless the governing body and its agents and employees from damages, including damages resulting from fire, flood, construction defects, and bodily injury, accruing and directly related to the issuance of a building permit for a residential building or structure located in the residential subdivision before the approval and recording of the final plat by the governing body.

(8) For purposes of this section, an applicant has a vested right in a preliminary plat that has been approved by a Page 6 of 26 CODING:

Florida Senate - 2024 CS for CSSB 684 578-03037-24 2024684c1 occupancy with respect to each residential structure or building for SBwhich 684a 594-03666-24building 2024684c2permit is issued until the final plat is approved by the governing body ifand allrecorded ofin the followingpublic conditionsrecords areby met:the clerk of the circuit court.

(c) An applicant must indemnify and hold harmless the governing body and its agents and employees from damages, including damages resulting from fire, flood, construction defects, and bodily injury, accruing and directly related to the issuance of a building permit for a residential building or structure located in the residential subdivision before the approval and recording of the final plat by the governing body.

(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:

The letter must contain a brief explanation of the program, including how the program expedites the process of issuing building permits for residential subdivisions before the final platPage is6 recorded.of 24 CODING:

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Florida Senate - 2024 CS for SB 684 578-03037-24 2024684c1 plat is recorded.

The manufacturer’s Pageinstructions 7must ofbe 26submitted CODING:with the permit application for replacement windows, doors, and garage doors.

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 instructions must be submitted with the permit application for replacement windows, doors, and garage doors.

inspections.— (16) Except as provided in paragraph (e), a building permit for a single-family residential dwelling must be issued within 30Page business7 daysof after24 receivingCODING: the permit application unless the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.

(a) If a local enforcement agency fails to issue a building permit for a single-family residential dwelling within 30 business days after receiving the permit application, it must reduce the building permit fee by 10 percent for each business day that it fails to meet the deadline.

Each 10-percent reduction shall be based on the original amount of the building permit fee.

(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 8 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 30 business days after receiving the permit application,application thatunless specifically states the reasons the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.

(a) If a local enforcement agency fails to issue a building permit for a single-family residential dwelling within 30 business days after receiving the permit application, it must reduce the building permit fee by 10 percent for each business day that it fails to meet the deadline.

Each 10-percent reduction shall be based on the original amount of the building permit fee.

(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.

If the local enforcementPage agency8 failsof to24 issueCODING: or deny the building permit within 10 business days after receiving the revisions, it must reduce the building permit fee by 20 percent for the first business day that it fails to meet the deadline unless the applicant agrees to a longer period in writing.

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words underlined are additions.

Florida Senate - 2024 CS for SB 684 578-03037-24 2024684c1 enforcement agency fails to issue or deny the building permit within 10 business days after receiving the revisions, it must reduce the building permit fee by 20 percent for the first business day that it fails to meet the deadline unless the applicant agrees to a longer period in writing.

553.721 must be recalculated based on the amount of the building permit Pagefees 9after ofthe 26refund. CODING:

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 fees after the refund.

Present paragraphs (o) through (r) of subsection (1) and present subsections (10) through (21) of section 553.791, Florida Statutes, are redesignated as paragraphs (p) through (s) and subsections (11) through (22), respectively, a new paragraph (o) is added to subsection (1) and a new subsection (10) is added to that section, and present paragraph (o) of subsection (1), paragraph (c) of subsection (4), subsectionPage (5),9 paragraphs (b) and (d) of subsection24 (7),CODING: paragraph (b) of present subsection (13), paragraph (b) of present subsection (16), and present subsection (19) of that section are amended, to read:

553.791 Alternative plans review and inspection.— (1) As used in this section, the term:

(o) “Private provider firm” means a business organization, including a corporation, partnership, business trust, or other legal entity, which offers services under this chapter to the public through licensees who are acting as agents, employees, officers, or partners of the firm.

A person who is licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, or as an architect under chapter 481 Page 10 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 mayparagraphs act(b) asand a(d) privateof providersubsection for(7), anparagraph agent,(b) employee,of orpresent officersubsection (13), and paragraph (b) of thepresent privatesubsection provider(16) firm.of that section are amended, to read:

553.791 Alternative plans review and inspection.— (1) As used in this section, the term:

(o) “Private provider firm” means a business organization, including a corporation, partnership, business trust, or other legal entity, which offers services under this chapter to the public through licensees who are acting as agents, employees, officers, or partners of the firm.

A person who is licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, or as an architect under chapter 481 may act as a private provider for an agent, employee, or officer of the private provider firm.

A certificate of compliance from the private provider required under subsection (13) (12).

local time, 2 business days beforePage the10 first scheduled inspection by the local building official or building code enforcement agency that a private provider has been contracted to perform the required inspections of construction24 underCODING: this section, including single-trade inspections, on a form to be adopted by the commission.

This notice shall include the following information:

(c) An acknowledgment from the fee owner or the fee owner’s contractor in substantially the following form:

I have elected to use one or more private providers to provide building code plans review and/or inspection services on the building or structure that is the subject of the enclosed permit application, as Page 11 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 authorizedbefore the first scheduled inspection by s.the local building official or building code enforcement agency that a private provider has been contracted to perform the required inspections of construction under this section, including single-trade inspections, on a form to be adopted by the commission.

This notice shall include the following information:

(c) An acknowledgment from the fee owner or the fee owner’s contractor in substantially the following form:

I have elected to use one or more private providers to provide building code plans review and/or inspection services on the building or structure that is the subject of the enclosed permit application, as authorized by s.

I agree to indemnify, defend, and hold harmless the local government,Page the11 local building official, and their building code enforcement personnel from any and all claims arising from my use of these24 licensedCODING: or certified personnel to perform building code inspection services with respect to the building or structure that is the subject of the enclosed permit application.

If the fee owner or the fee owner’s contractor makes any changes to the listed private providers or the services to be provided by those private providers, the fee owner or the fee owner’s contractor shall, within 1 business day after any change or within 2 business days before the next scheduled inspection, Page 12 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 updategovernment, the noticelocal building official, and their building code enforcement personnel from any and all claims arising from my use of these licensed or certified personnel to reflectperform suchbuilding changes.code inspection services with respect to the building or structure that is the subject of the enclosed permit application.

If the fee owner or the fee owner’s contractor makes any changes to the listed private providers or the services to be provided by those private providers, the fee owner or the fee owner’s contractor shall, within 1 business day after any change or within 2 business days before the next scheduled inspection, update the notice to reflect such changes.

(5) After construction has commenced and if the local building official is unable to provide inspection services in a timely manner, the fee owner or the fee owner’s contractor may elect to use a private provider to provide inspection services by notifying the local building official of the owner’s or contractor’s intention to do so by 2 p.m.

local time, 2 business days before the next scheduled inspection using the notice provided for in paragraphs (4)(a)-(c).

(d) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to subsection (15) (14)Page or12 toof submit24 additionalCODING: revisions to correct the deficiencies.

For all revisions submitted after the first revision, the local building official has an additional 5 business days from the date of resubmittal to issue the Page 13 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 requested(14) permit or to providesubmit aadditional writtenrevisions notice to thecorrect permit applicant stating which of the previouslydeficiencies. identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections.

For all revisions submitted after the first revision, the local building official has an additional 5 business days from the date of resubmittal to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections.

InThe such written notice, the local building official shallmust provide with specificity the plan’s deficiencies, the reasons the permit application failed, and the applicable codes being violated.violated in such written notice.

(14)(13)(13) (b) If the local building official does not provide notice of the deficiencies within the applicable time periods under paragraph (a), the request for a certificate of occupancy or certificatePage of13 completion is automatically granted and deemed issued as of the24 nextCODING: business day.

The local building official must provide the applicant with the written certificate of occupancy or certificate of completion within 10 days after it Page 14 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 certificate of completion is automatically granted and issued.deemed issued as of the next business day.

The local building official must provide the applicant with the written certificate of occupancy or certificate of completion within 10 days after it is automatically granted and issued.

(17)(16)(16) (b) A local enforcement agency, local building official, or local government may establish, for private provider firms, private providers, and duly authorized representatives working within that jurisdiction, a system of registration to verify compliance with the licensure requirements of paragraph (1)(n) and the insurance requirements of subsection (18) (17).

(20)(19) A Each local building code enforcement agency may not audit the performance of building code inspection services by private providers operating within the local jurisdiction until the agency has created a manual for standard operating audit procedures for the agency’s internal inspection and review staff which includes, at a minimum, the audit purpose and scope, audit criteria, an explanation of audit processes and objectives, and detailed findings of areas of noncompliance.

The manual must be publicly available online or the printed manual must be readily accessible in building department offices, and the audit results of the staff for the prior two quarters must be publicly available.

The agency’s private provider audit processes must adhere to the agency’s posted standard operating audit procedures.

However, The same private provider may not be audited more than four times in a year month unless the local building official determines a condition of a building constitutes an immediate threat to public safety and welfare, Page 15 of 26 CODING:

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 which must be communicated in writing to the private provider or private provider firm.

Work on a building or structure may proceed after inspection and approval by a private provider.

if the provider has given notice of the inspection pursuant to subsection (9) and, subsequent to such inspection and approval, The work may shall not be delayed for completion of an inspection audit by the local building code enforcement agency.

553.792 Building permit application to local government.— (1)(a) A local government shallmust 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:

residential units including a single-family residential unit or a single- familyPage residential14 dwelling,of accessory24 structure,CODING: alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing.

2.

Within 60 business days after receiving a complete and sufficient application, for an applicant using a local government plans reviewer to obtain the following building permits for structures of 7,500 square feet or greater:

residential units including a single-family residential unit or a single-family residential dwelling, accessory structure, Page 16 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 family residential dwelling, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing.

2.

Within 60 business days after receiving a complete and sufficient application, for an applicant using a local government plans reviewer to obtain the following building permits for structures of 7,500 square feet or greater:

residential units including a single-family residential unit or a single-family residential dwelling, accessory structure, alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing.

Within 10 business days after receiving a complete and sufficient application, for an applicant for a single-family residential dwelling applied for by a contractor licensed in thisPage state15 on behalf of a24 propertyCODING: owner who participates in a Community Development Block Grant-Disaster Recovery program administered by the Department of Commerce, unless the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.

However, the local government may not require the waiver as a condition precedent to reviewing an applicant’s building permit application.

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 (b)this Astate localon governmentbehalf mustof meeta theproperty timeframesowner setwho forthparticipates in thisa sectionCommunity forDevelopment reviewingBlock buildingGrant-Disaster permitRecovery applicationsprogram administered by the Department of Commerce, unless the timeframespermit setapplication byfails localto ordinancesatisfy arethe moreFlorida stringentBuilding thanCode thoseor prescribedthe inenforcing thisagency’s section.laws or ordinances.

(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 than those prescribed in this section.

Both partiesPage may16 agree to a reasonable request for an extension of time,24 particularlyCODING: in the event of a force majeure or other extraordinary circumstance.

The local government must approve, approve with conditions, or deny the application within 120 days following receipt of a completed application.

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 (d)parties Amay localagree governmentto shall maintain on its website a policyreasonable containingrequest procedures and expectations for expeditedan processingextension of thosetime, buildingparticularly permitsin andthe developmentevent ordersof requireda byforce lawmajeure toor beother expedited.extraordinary circumstance.

The local government must approve, approve with conditions, or deny the application within 120 days following receipt of a completed application.

(d) A local government shall maintain on its website a policy containing procedures and expectations for expedited processing of those building permits and development orders required by law to be expedited.

If a local government makes a second request for additional information from the applicant and the applicant submits the requested additional information to the local government within 30 days after receiving the request, the local governmentPage must,17 withinof 1024 daysCODING: after receiving such information:

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Florida Senate - 2024 CS for SB 684 578-03037-24 2024684c1 government must, within 10 days after receiving such information:

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 d.

(e)(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, the delay is caused by the applicant, or the delay is attributable to a force Page 2018 of 2624 CODING:

Florida Senate - 2024 CS for CSSB 684 578-03037-24 2024684c1 this subsection provided in paragraphs (a) and (b), it must reduce the building permit fee by 10 percent for SBeach 684business 594-03666-24day 2024684c2that majeureit orfails otherto extraordinarymeet circumstances.the deadline, unless the parties agree in writing to a reasonable extension of time.

alarmPage permit;19 of 24 CODING:

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Florida Senate - 2024 CS for SB 684 578-03037-24 2024684c1 alarm permit;

Pagemultifamily 21residential ofnot 26exceeding CODING:50 units;

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Florida Senate - 2024 CS for CS for SB 684 594-03666-24 2024684c2 multifamily residential not exceeding 50 units;

166.222 and this section, for enforcing this part.Page 20 of 24 CODING:

These fees, and any fines or investment earnings related to the fees, may shall be used only solely for carrying out the local government’s responsibilities in enforcing the Florida Page 22 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 Buildingpart. Code.

These fees, and any fines or investment earnings related to the fees, may shall be used only solely for carrying out the local government’s responsibilities in enforcing the Florida Building Code.

As used in this subsection, the phrase “enforcing the Florida Building Code” includes the direct costs and reasonable indirectPage costs21 associated with review of building24 plans,CODING: building inspections, reinspections, and building permit processing;

building code enforcement;

and fire inspections Page 23 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 indirect costs associated with newreview construction.of building plans, building inspections, reinspections, and building permit processing;

building code enforcement;

and fire inspections associated with new construction.

Inspections of public buildings for a reduced fee or no fee.Page 22 of 24 CODING:

c.

Public information requests, community functions, boards, and any program not directly related to enforcement of Page 24 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 thefee. Florida Building Code.

c.

Public information requests, community functions, boards, and any program not directly related to enforcement of the Florida Building Code.

identification of minimum premium policy.—Every employer shall, as a condition to applying for and receiving a building permit, show proof and certify to the permitPage issuer23 thatof it24 hasCODING: secured compensation for its employees under this chapter as provided in ss.

440.10 and 440.38.

Such proof of compensation must be evidenced by a certificate of Page 25 of 26 CODING:

Florida Senate - 2024 CS for CS for SB 684 594-03666-24578-03037-24 2024684c22024684c1 coveragepermit issuedissuer bythat theit carrier,has asecured validcompensation exemptionfor certificateits approvedemployees byunder thethis department,chapter oras aprovided copyin ofss. the employer’s authority to self-insure and shall be presented, electronically or physically, each time the employer applies for a building permit.

440.10 and 440.38.

Such proof of compensation must be evidenced by a certificate of coverage issued by the carrier, a valid exemption certificate approved by the department, or a copy of the employer’s authority to self-insure and shall be presented, electronically or physically, each time the employer applies for a building permit.

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