The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/CS/SB 684
INTRODUCER: Rules Committee; Fiscal Policy Committee; Community Affairs Committee; and Senator
DiCeglie
SUBJECT: Residential Building Permits
DATE: February 27, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Fav/CS
2. Ryon Yeatman FP Fav/CS
3. Ryon Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 684 provides a number of revisions to current law pertaining to the standards and
timeframes for local governments to follow for the issuance of building permits. Specifically, the
bill requires local governments to approve, approve with conditions, or deny a complete and
sufficient permit application within the following timeframes:
 30 business days for the following permits for structures that are less than 7,500 square feet:
single-family residential unit or dwelling, accessory structure, alarm, electrical, irrigation,
landscaping, mechanism, plumbing, or roofing.
 60 business days for the above-mentioned permits for structures more than 7,500 square feet.
 60 business days for signs and nonresidential buildings less than 25,000 square feet.
 120 business days for multifamily residential not exceeding 50 units, certain site-plan
approvals and subdivision plats, and lot grading and site alteration.
 15 business days for master building permits for site-specific building permit.
 10 business days for single-family dwellings utilizing the Community Development Block
Grant-Disaster Recovery Program.
The bill modifies provisions requiring local governments to refund permit fees for failure to
comply with the applicable timeframes, and applies specific timeframes for the processing of
permit applications submitted with an affidavit from a private provider who is a licensed
engineer or architect.
BILL: CS/CS/CS/SB 684 Page 2
Finally, the bill requires the Florida Building Commission to provide an exception in the Florida
Building Code relating to sealed drawings by a design professional for replacement windows,
doors, and garages.
The bill takes effect on July 1, 2024.
II. Present Situation:
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 seventh edition,
which is referred to as the 2020 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 statutorily 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
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 Feb. 5, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 5, 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 Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 5, 2024).
6 Section 553.73(7)(a), F.S.
BILL: CS/CS/CS/SB 684 Page 3
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
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 percent 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 percent
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 percent 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
7 Section 553.80 F.S.
8 Id.
9 Section 553.80 (7)(a)1., F.S.
10 Sections125.56 (4)(c) F.S., and 166.222(2), F.S.
11 Section 553.80(7)(a), F.S.
12 Section 553.721, F.S.
13 Section 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 Board for
review. Section 489.1401(2), F.S.
14 Sections 468.631, and 553.721, F.S.
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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 provides specified timeframes for
local governments to review applications for the following building permits:15
 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:16
 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.
 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 or request
that the local government act on the application without the additional information.
 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.17
15 Section 553.792(2), F.S.
16 Section 553.792(1), F.S.
17 Section 553.792(2)(a), F.S.
BILL: CS/CS/CS/SB 684 Page 5
If a local government fails to meet the timeframes above without an agreement for an extension
of time, a local government must reduce the building permit fee by 10 percent for each business
day that a local government fails to meet the deadline.18 This also applies if a local government
fails to meet the deadlines established by local ordinance that differ from the statutory
timeframes.19
Local Government’s Requests for Additional Information20
A local government may only make three requests for additional information from an applicant
applying for the following types of building permits:
 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.
 Lot grading and site alteration associated with the permit application.
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:
 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.
 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.
 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.
18
Section 553.792(1)(c), F.S.
19
Section 553.792(2)(b), F.S.
20 Section 553.792(1)(b), F.S.
21 Id.
BILL: CS/CS/CS/SB 684 Page 6
Prior to making a third request for information the local government must offer to meet with the
permit applicant to attempt to resolve outstanding issues.
If the applicant believes the request for additional information is not authorized by ordinance,
rule, statute, or other legal authority, the local government, at the applicant’s request, shall
proceed to process the application for approval, approval with conditions, or denial.
If a local government fails to meet these deadlines it must reduce the building permit fee by 10
percent for each business day that it fails to meet the deadline. However, these time limitations
do not apply when a law, agency rule, or local ordinance specifies different timeframes for
review of local building permit applications, for permits for wireless communication facilities, or
when both parties agree to an extension.
Time-Period to Review Single-Family Residential Dwelling Building Permit Applications
For building permit applications for a single-family residential dwelling, the local government
must issue the permit within 30 business days of receiving the application, unless the application
fails to satisfy the Building Code or the enforcing agency’s laws or ordinances, or unusual
circumstances require a longer time-period for processing the application.22
If the local government does not issue the permit 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 is based on the original amount of the
building permit fee.
However, the local government need not reduce the permit fee if it provides 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
Building Code or the enforcing agency’s laws or ordinances. In addition, the written notice must
also include that the applicant has 10 business days after receiving the written notice to submit
revisions to correct the permit application and that failure to correct the application within 10
business days will result in a denial