Understanding HB1059

Overview

As of Oct. 1, 2021, the State of Florida has adopted legislation relating to certain construction permits. This legislation establishes submission and performance deadlines for the city, as well as the applicant. If these deadlines are not met, possible penalties include permit denial and the need for resubmittal, or a reduction of certain permit fees.

The permit application, as applied to the time deadlines identified in Florida Statutes s. 553.79(16) and s. 553.792, must consist of the completed application, including payments, attachments, drawings or other requirements necessary for the review and issuance of a permit.

How does this apply to residential projects?

• A building permit for a single-family residential dwelling must be issued within 30 business days after receiving the permit application unless the permit application fails to satisfy the Florida Building Code or the city’s laws or ordinances.
• 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 may result in a denial of the application unless the applicant agrees to a longer period in writing.
• If the applicant submits revisions within 10 business days after receiving the written notice, the city has 10 business days after receiving such revisions to approve or deny the completed permit application.

How does this apply to commercial projects?

• For commercial permits, the city will verify the application within 10 days and after completed application has been paid for, the city will have 45 days to provide correction comments, and 120 days to issue a permit.
• This is applicable to alterations, accessory structures, alarms, nonresidential buildings less than 25,000 square feet, mechanical, electrical, plumbing, multifamily 50 units or less, roof and signs.

* This does not apply to swimming pools, fences and low-voltage stickers.

Definitions

• Single-family residential dwelling: Includes all building permits applied for associated with a detached one- and two-family dwelling property. 
• Completed application: Must be the completed application, including payments, attachments, drawings or other requirements necessary for the review and issuance of a permit. 
• Denial, deny: Means refuse to issue. Denial of a completed application may require resubmittal of a new completed permit application.