BILL SUMMARY DETAILS

Florida League of Cities

Residential Building Permits (Oppose)

CS/CS/CS/HB 267 (Esposito) and CS/CS/SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following:

Expedited Approval of Residential Permits for Large Scale Developments

Only in CS/CS/SB 684:

•Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.

•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.

•Allow cities to work with the 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.

•Requires applicants to have a performance bond for up to 120%.

•Require applicants to indemnify local governments that issue the permit.

•Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built.

Shorten Timeframes for Building Permits (applies to all municipalities)

•CS/CS/CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. CS/CS/SB 684 maintains this provision. 

Only in CS/CS/CS/HB 267:

•Requires a local government to: 

•Determine if a building permit application is complete within five business days of receiving the application, previously set at 10 days. 

•Determine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days. 

•Approve, approve with conditions, or deny a complete and sufficient permit application within the following timeframes: 

•30 business days for applicants using local government review, previously set at 120 days; 

•15 business days for applicants using a private provider, previously set at 120 days; and 

•10 business days for applicants for a permit under an already-approved master plan permit, previously set at 120 days. 

•60 business days for applicants for a multifamily project; previously set at 120 days.

•Review a completed application for sufficiency within 10 business days.

•Provide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. 

•Reduce the number of times a municipality can ask an applicant for additional information.

•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes.

•Prohibits the local government from requiring a waiver of the timeframes as a condition to review the application for a building permit.

Alternative Plans Review and Inspection by a licensed professional engineer or architect:

•Specifies a timeframe of 10 business days for local building officials to issue permits or provide written notices regarding plan deficiencies.

•If the local building official does not provide specific written notice to the permit applicant within the prescribed 10-day period, the permit application is deemed approved as a matter of law, and the permit must be issued by the local building official on the next business day.

Only in CS/CS/SB 684:

•Requires a local government to: 

•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:

•30 business days residential permits under 7,500 square feet

•60 business days residential associated permits over 7,500 square feet

•60 business days signs or nonresidential less than 25,000 square feet

•120 business days for multifamily residential not exceeding 50 units; site-plan approvals and subdivision plats not requiring public hearing or public notice; and lot grading and site alteration

•15 business days for using a master building permit consistent with s. 553.794 to obtain a site-specific building permit

•10 business days for a single-family residential dwelling who participates in a Community Development Block Grant–Disaster Recovery program

•Provides framework for responding to insufficient application within 10 business days. The curing process will provide 10 days for applicant to respond and final 10 days for local government approve or deny the permit.

Alternative Plans Review and Inspection by a licensed professional engineer or architect:

•Specifies a timeframe of 12 business days for local building officials to issue permits or provide written notices regarding plan deficiencies.

•If the local building official does not provide specific written notice to the permit applicant within the prescribed 12-day period, the permit application is deemed approved as a matter of law, and the permit must be issued by the local building official on the next business day.

•Prohibits a local government from auditing the performance of building code inspections by a private provider until the local government has created a manual for standard operating audit procedures. (Branch)