HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 267 Building Regulations
SPONSOR(S): Commerce Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Regulatory Reform & Economic Development Subcommittee, Esposito
TIED BILLS: IDEN./SIM. BILLS: SB 684
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 9 Y, 6 N, As CS Wright Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special 10 Y, 4 N, As CS Mwakyanjala Darden
Districts Subcommittee
3) Commerce Committee 16 Y, 2 N, As CS Wright Hamon
SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building permits.
Current law provides standards and timeframes for local governments to follow for the issuance of building permits.
The bill:
 Requires the Florida Building Commission (Commission) to provide an exception relating to sealed
drawings for replacement windows, doors, and garages for one-family and two-family homes.
 Requires the Commission to use the 2020 definition of “windborne debris region” for residential use.
 Requires a local government to:
o Determine if a building permit application is complete within 5 business days of receiving the
application, previously set at 10 days.
o Determine if a building permit application is sufficient within 10 business days of receiving a
completed application, previously set at 45 days.
o 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.
o Review an completed application for sufficiency within 10 business days.
o Provide an opportunity for a virtual meeting, instead of just an in -person meeting, before a second
request for additional information may be made.
 Provides that a local government can request additional information from an applicant two times, unl ess the
applicant agrees otherwise, previously set at three times.
 Provides an exception to the fee reduction provision when a delay is caused by the applicant or by a force
majeure or other extraordinary circumstance.
 Provides that completing an internship program for residential building inspectors is a pathway for
licensure as a residential building inspector.
 Reduces the time frame that a local government has to issue a building permit to a private provider who
is a licensed engineer or architect who seals the affidavit, to 10 days after application, from 20 days.
 Provides that the Florida Building Commission must review certain standards for unvented attics before
December 31, 2024, and that certain standards will be effective related to such attics on July 1, 2025.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of January 1, 2025.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation – Building Permits
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 2 The current edition of
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code. 3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 4
The Florida Building Commission (Commission) was created to implement the Building Code. The
Commission, which is housed within the Department of Business and Professional Regulation (DBPR),
is a 19-member technical body made up of design professionals, contractors, and government experts
in various disciplines covered by the Building Code. The Commission reviews several International
Codes published by the International Code Council, 5 the National Electric Code, and other nationally
adopted model codes to determine if the Building Code needs to be updated and adopts an updated
Building Code every three years.6
Use of Building Code Enforcement Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the
enforcing agency for the issuance of a building permit. 7 Such fees shall be used solely for carrying out
the local government’s responsibilities in enforcing the Building Code. 8 Enforcing the Building Code
includes the direct costs and reasonable indirect costs associated with training, review of building
plans, building inspections, re-inspections, building permit processing, and fire inspections. 9 Local
governments must post all building permit and inspection fee schedules on their website.10
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 28, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2024).
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Counci l, Ab out the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 28, 2024).
6 S. 553.73(7)(a), F.S.
7 S. 553.80 F.S.
8 Id.
9 S. 553.80(7)(a)1., F.S.
10 Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
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 Local governments are only allowed to collect building permit fees that are sufficient to cover their costs
in enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated
annual revenue derived from fees, and the fines and investment earnings related to the fees, may not
exceed the total estimated annual costs of allowable activities. Any unexpended balances must be
carried forward to future years for allowable activities or must be refunded at the discretion of the local
government. A local government may not carry forward an amount exceeding the average of its
operating budget, not including reserve amounts, for enforcing the Building Code for the previous 4
fiscal years.11
DBPR Surcharges
Current law requires all local governments to assess and collect a 1% surcharge on any building permit
issued by their enforcement agency for the purpose of enforcing the Building Code. The local
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
Prevention Code informal interpretations.12
Current law also requires all local governments to assess and collect a separate 1.5% surcharge on
any building permit issued by their enforcement agency for the purpose of enforcing the Building Code.
The local governments collect the assessment and remit the surcharge fees to DBPR, where it is
divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
and the Florida Homeowners’ Construction Recovery Fund.13
Local government building departments are permitted to retain 10% of the amount of the surcharges
they collect to fund participation by their agencies in the national and state building code adoption
processes and to provide education related to enforcement of the Building Code.14
Building Permit Delays
Any delays in obtaining a building permit can delay the completion of a construction project. Delays in
the completion of a construction project may:15
 Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
 Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
 Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
 Result in delayed occupancy of a project, including single-family residences and multi-family
residences.
Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may: 16
11 S. 553.80(7)(a), F.S.
12 S. 553.721, F.S.
13 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a
covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who
reviews for completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing B oard for
review. s. 489.1401(2), F.S.
14 Ss. 468.631, and 553.721, F.S.
15 City of Austin Development Services Department, A Program for Expedited Permitting, http://austintexas.gov/sites/default/files/files/8-
9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 28, 2024); PricewaterhouseCoopers, The Economic Impact of
Accelerating Permit Processes on Local Development and Government Revenues, (Dec. 7, 2005).
16 Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 28, 2024).
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  Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
 Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue; and
 Encourage economic development by having an efficient permit system.
Building Permit Application Review
Time-Period to Review
Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits: 17
 Accessory structure;
 Alarm permit;
 Nonresidential buildings less than 25,000 square feet;
 Electric;
 Irrigation permit;
 Landscaping;
 Mechanical;
 Plumbing;
 Residential units other than a single-family unit;
 Multifamily residential not exceeding 50 units;
 Roofing;
 Signs;
 Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
 Lot grading and site alteration associated with the permit application.
When a local government receives an application for one of the above building permits, it must: 18
 Complete Application – Inform the applicant within 10 days of receiving the application, what
information, if any, is needed to complete the application.
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
 Sufficiency of Application – Notify the applicant within 45 days of the application being
deemed complete, if additional information is necessary to determine the sufficiency of the
application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government within 30
days or request that the local government act on the application without the additional
information.
 Approve or Deny Application – Approve, approve with conditions, or deny the application
within 120 days following receipt of the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.
These time-periods do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension.19
Additional Information Standards20
17 S. 553.792(2), F.S.
18 S. 553.792(1), F.S.
19 S. 553.792(1)(a), F.S.
20 S. 553.792(1)(b), F.S.
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 A local government may only make three requests for additional information. However, an applicant
may agree in writing to waive the limitation that local governments may only make three requests for
additional information for such permits.
If a local government makes a request for additional information from an applicant for one the above
building permits, and the applicant provides the information within 30 days of receiving the request, the
local government must21:
 First Request – Review the additional information and determine the application is complete,
approve the application, approve the application with conditions, deny the application, or specify
the remaining deficiencies within 15 days of receiving the information from the applicant, if the
request is the local government’s first request.
 Second Request – Review the additional information and determine the application is
complete, approve the application, approve the application with conditions, deny the application,
or specify the remaining deficiencies within 10 days of receiving the information from the
applicant, if the request is the local government’s second request.
 Third Request – Deem the application complete and approve the application, approve the
application with conditions, or deny the application within 10 days of receiving the information
from the applicant, if the request is the local government’s third request.
Prior to making a third request for information the local government must offer to meet with the permit
applic