FL.1 - Revise Building Permit Fee Provisions
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDING/IN GENERAL/BUILDING ADMINISTRATION, FEES, AND WAIVERS," TO REVISE THE FEE PROVISIONS SET FORTH IN SECTIONS 10-18 OF THE CITY CODE TO COMPLY WITH PERMIT FEE REQUIREMENTS AS SET FORTH BY FLORIDA STATUTES AND TO MAKE OTHER CONFORMING AND CLEAN-UP REVISIONS,; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
September 24, 2026
Department: Department of Building
Category: Other
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), Chapter 10, entitled "Building," Article I, Division 2, Section 10-18, sets forth Building Permit Fees, certain of which are calculated as a percentage of the estimated or actual cost or value of construction; and
WHEREAS, the Florida Legislature enacted House Bill 803, codified as Chapter 2026-63, Laws of Florida ("HB 803"), effective July 1, 2026, which substantially amended Part IV of Chapter 553, Florida Statutes, governing Building Permit Fees and Private Provider plan review and inspection services; and
WHEREAS, HB 803 requires that Building Permit Fees be based upon the actual, documented cost of providing Building services, rather than on projected valuation, percentage of construction cost, or revenue targets; and
WHEREAS, by separate resolution, the City Commission will be adopting an Amended Exhibit C Fee Schedule establishing square footage-based flat fee rates to replace the percentage-of-construction-cost fee methodology previously set forth in the Fee Schedule; and
WHEREAS, it is necessary to amend Section 10-18 of the City Code to remove references to percentage-of-construction-cost and value-of-construction-based fee methodology, to conform the Fee Schedule provisions to the square footage-based, Fee Schedule rate methodology to be adopted by the City Commission, and to make other conforming and clean-up revisions necessitated by HB 803; and
WHEREAS, in preparing the amendments set forth herein, the City was guided by four objectives: (1) compliance with the requirements of HB 803 and applicable state law; (2) recovery of the actual, documented cost of providing Building services, including a reasonable reserve as permitted by state law; (3) a fee structure that is administrable and clearly understood by Permit applicants and City staff; and (4) transparency to the public regarding the basis upon which Permit fees are calculated; and
WHEREAS, the City Commission desires to adopt these amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article II of the City Code is further amended in the following particulars:
“CHAPTER 10
BUILDING
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ARTICLE I – IN GENERAL
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DIVISION 2 – BUILDING ADMINISTRATION FEES, AND WAIVERS
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Sec. 10-18. Building permit fee schedule; waivers; elevator, escalator, boiler etc.
Fees and Fines.
a.Definitions
Affordable Housing Development is owner-occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 30 percent to 80 percent of the area median income as published annually by the United States Department of Housing and Urban Development ("HUD").
Community Redevelopment Agency ("CRA") is a public entity created pursuant to F.S. § 163.356, as amended.
Courtesy Inspection is a non-mandatory inspection performed by City of Miami Building Inspectors, typically at the request of the owner, contractor or other interested parties, for the purpose of providing additional support or guidance relating to Permitting or other construction issues.
Dry Run is defined as the process of plans signed and sealed by the design team submitted for building permit but with a building permit application without having a contractor.
Environmental Resources Plan Review is the review process to verify compliance with Chapter 17, the Environmental Preservation/Tree Protection Chapter, of this Code and any other applicable laws and regulations.
Floodplain Plan Review is the review process to verify compliance with Chapter 20 of this Code on Flood Damage Prevention and any other applicable laws and regulations.
Income Restricted Units is a project whose development or refurbishment has resulted and benefited, in whole or in part, from any of the city's programs for low income, affordable, or workforce housing and are accordingly restricted by the requisite covenant(s).
Master Permitis a building permit obtained for the complete work on any project.
Private Provider means a person who can provide alternate plans review under F.S. § 553.791 and is licensed as an engineer under F.S. Ch. 471 or as an architect under F.S. Ch. 481, as amended.
Public Works - Outside Agency Review is the process to verify that plans containing improvements, utilities or other construction in the Public Right of Way comply with all required safety standards, and any other applicable codes or regulations.
Stand-alone Permit is any trade (electrical, mechanical or plumbing) permit pulled for a single category without the need for a Master Permit.
Trade Permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a Master Permit associated with it to be pulled prior to issuance.
Up-front Fee is the fee associated and charged at the time of submittal of a set of plans and building permit application.
Workforce Housing Developmentis owner-occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80 percent to 140 percent of the Area Median Income as published annually by HUD.
b. General Fee information
1\. Building, Plumbing, Mechanical and Electrical Permit Fees.
The following types of fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website:
a. Residential (up to three dwelling units): For all residential properties, any Trade or Master building Permit will be charged the Fee Schedule set percentagerateof the estimated construction cost (including labor and materials) for new construction,or additions, and the Fee Schedule setpercentage of the estimated construction cost for all remodeling permits. Notwithstanding the foregoing, the building Permit fee for residential improvements where the amount of estimated construction is less than $2,500.00 shall be fixed at the fee schedule rate. Any Residential Trade Permit will be charged a fixed fee set forth in the Fee Schedule.
b. Commercial and Multifamily Master Permit, Trade Permit and Stand-alone Permit fee: For a building whose estimated construction cost is equal to or less than $30,000,000.00 is the Fee Schedule set percentage of the cost of construction as per the declared cost by the Contractor. For projects where the construction cost exceeds $30,000,000.00, the fee will be the same as above up to $30,000,000.00, plus one-half percent of the amount in excess of the $30.000,000.00 all Commercial or Multifamily properties, any master Building Permit will be charged the Fee Schedule rate for new construction and remodeling. Any Commercial or Multifamily Trade Permit will be charged a fixed fee set forth in the Fee Schedule.
c. Minimum Permit fee, applicable to any building Permit, shop drawing, or revision of any category regardless of construction cost or number of pages will be charged per the Fee Schedule.
d. Phased Permit fee: Any Phased Permit issued in accordance with the Florida Building Code (FBC 105.13) will be valid for six months from the issuance date. No extensions will be issued to the Phased Permits by the Building Official. These Permits will be charged by the Fee Schedule rate, plus any other applicable surcharges as defined or required by the surcharges section.
e. Fee for work started without Permits: When work is commenced prior to obtaining a required Permit, a fee of two times that specified in this Section, plus an additional fee shall be paid for Homestead properties, and a fee of four times that specified in this Section, plus an additional fee shall be paid for non-Homestead/commercial properties. The payment of such fees shall not relieve any person, firm, or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The fee requirement shall be applicable to all trade divisions of the building department.
f.The building department will modify the Permit fee calculation using the Engineering News Record-Building Cost Index (ENR-BCI) published each January. A credit will be applied to the total cost of the building Permit fee using the ENR-BCI should the ENR-BCI increase.
2. Surcharges. For all Permits issued, the building department will collect the following surcharges for the State of Florida, Miami-Dade County and other City departments:
a.State of Florida Surcharges.
1.State of Florida Department of Business and Professional Regulation (DBPR).
2.State of Florida Building Code Administrators and Inspectors (BCAI).
b.Miami-Dade County Code Compliance Surcharges.
c. City Solid Waste Surcharge. Shall be charged pursuant to the Fee Schedule.
1\. Residential.
2\. Commercial.
3\. Exemptions. The following are exempt from this surcharge: signs, landscaping, elevators, revisions, subsidiary Permits, roofing, awning, windows and doors, shed, flooring, driveways, solar panel installations, and any affordable housing Permit that the City Director of Community Development exempts in writing prior to the issuance of the Permit.
4\. Automatic Deferral. The City Manager, or Designee, shall defer the surcharge for Affordable Housing Developments and workforce housing developments for as long as the development remains affordable or workforce housing. The Permit applicant shall provide the City the Community Redevelopment Agency board's resolution approving or authorizing the project and a covenant running with the land, or a deed restriction, which ensures that the development conforms to the requirements of an Affordable Housing Development or workforce housing development. Upon the project ceasing to be an Affordable Housing Development or a workforce housing development, the solid waste surcharges that were deferred shall become due and payable to the city within 30 days.
5\. Petition for Refund of Solid Waste Surcharge.
(a)Petitions for refund of the Solid Waste surcharge shall be submitted to the City Manager or Designee, for their review. The City Manager or Designee shall provide a form for the Petition that is to be submitted by all eligible parties. The criteria for granting any such petition is as follows:
(1)The Petition shall be filed within ninety (90) days after finalization of the relevant permit. Any party who has the right to file a Petition and who fails to do so within the required timeframe shall be deemed to have waived their right.
(2)Only the party who paid the surcharge, hereinafter referred to as Petitioner, and who believes the contribution rate component of their surcharge to be inequitable based upon actual construction completed or lack thereof, subject to the limitations set forth in this Section, may file a Petition;
(3) The Petition shall state with detailed specificity the reason for the request and the amount of refund being sought, and shall include:
i. All submitted plans and modification;
ii. Any and all refuse and debris removal contracts in place on the permit site;
iii. Any and all charges for the refuse and debris removed incurred from the final recycle or dumping station; and
iv. Any other item, document, contract, agreement or writing that has direct bearing on the requested adjustment.
(4)The Petitioner requesting the adjustment may be required, at their own cost, to provide supplemental information as requested by the City Manager or Designee, including, but not limited to, a full set of building (permit) plans, proof of finalization of relevant permit, copies of hauler agreements, copies of container removal service agreements or removal billing. Failure to provide such information may result in the denial of the refund request; and
(b)The City Manager or Designee will review the Petition and based upon the totality of information provided, which may include requests for information from the relevant City departments, determine whether the refund is granted and the amount therein, as necessary.
(c)The City Manager or Designee will have one hundred twenty (120) days from the date of receipt of the Petition for Refund to provide a determination in writing. The determination shall include a recitation of the facts and the basis for the granting or denying of the Petition and if granting, the reason for the amount of refund.
(d) Appeals. All determinations by the City Manager or Designee are final.
(e)This Section does not apply to a class member (as defined in the trial court's order certifying the class in RT&S Investment Group, LLC v. City of Miami, Miami Dade Circuit Court Case No.: 14-32239 CA 27) who does not opt out of the class.
d. City Energy Conservation Surcharge.
1\. This charge encompasses energy conservation plan review and field inspections for such energy conservation. 2.For each square foot of new construction or an addition per the rate set forth in the Fee Schedule.
3\. Miscellaneous permits and inspections fees.
a. Private Provider fee.
1.When a property owner uses the services of a licensed private company for plan review and/or inspections services (a private provider under F.S. § 553.791), the fee will be assessed as a regular building permit with a fee reduction in compliance with Section 553.791, Florida Statutes and as set forth in the Fee Schedule. of one-third of the original building/Trade Permit fee line. If only the plan review or the inspections are done by the private provider, then the fee will be one-half of the one-third credit stipulated above.
2.Residential: shall reduce the Building Permit Fee by the amount of cost savings realized by the Building Department.
3.Commercial: a 25% Permit Fee reduction of the portion of the Building Permit Fee for plan review or inspection when the property owner choses one of these services or a 50% Permit Fee reduction when the property owner chooses a Private Provider for both plan review and inspection services as provided for in Section 553.791, Florida Statutes and the Fee Schedule.
b.Dry Run/Up-Front Fees. At the time of issuance of the Permit application process number assigned by the building department, the projects will be charged the Fee Schedule rate per $1,000.00 of the estimated construction value. Eighty percent of the total collected amount for this item, will be credited towards the building Permit fee line when issued. No credit will be issued if there is no issuance of a Permit, a substantial design is submitted, or the Permit is not issued after 180 days of the last review. Dry Run and Up-front fees are not refundable, however they will be fully credited towards the cost of the building permitAn upfront fee will be assessed on the Permit at the time ofapplication. Upfront fees willbecredited towards the Building Permit Fee.No credit will be issued if there is no issuance of aPermit;a substantial design issubmittedand reviewed, or thePermit is not issued after180 daysof thelast review.Dry Run andUpfrontfees are not refundable. The fee shall be listed in the Fee Schedule.
c. Joint Plan Reviews.
1. Each meeting with staff from Building, Zoning, Planning, or Resilience and Public Works, will be charge a per meeting fee per each requested discipline for a maximum of two hours each as set forth in the Fee Schedule.
2. If additional disciplines are required based on the scope of work, additional charges for each discipline will apply. This fee does not apply to affordable housing projects qualified as such under the City Code.
3. This shall only apply to commercial projects that are over 20,000 square feet in size.
d. Revision of Plans and Re-works. Revision of plans (per discipline) and reworks, after the second review. A fee for residential and commercial projects is set forth in the Fee Schedule.
e. Recertification. Review Recertification of buildings are required pursuant to the requirements of the Miami-Dade County Board of Rules and Appeals (BORA) standing order, and Miami-Dade County Code Chapter 8 and the Florida Building Code Administrative Rules. Recertification review for compliance with recertification. Any extension request by the owner of a property after receipt of a notification letter from the City that the property must prove they are in compliance with Recertification will be assessed a feefor each additional three-month extension, with a maximum of two possible extensions after the original notification letter.
f. Permit by Affidavit, and Legalization of Existing Structures. The Permits issued by affidavit and legalizations of structures built without Permits before the year 2002, in addition to any other applicable enforcement fee, building and Trade Permit fee. For those structures built after 2002, they will be charged with a double permit fee and fine where applicable using this subsection 10-18(b)(1) above.
g. Annual facility Permit Fee. These The Master Building Permits will be issued with a percent feebased on the intended annual work schedule cost per building or tradeAn Annual Master and Subsidiary Facility Permit (Premise Permit) will be issued for the intended annual work per building or trade and charged a fee as set forth in the Fee Schedule.
h. Commercial Engineered or Structural Glazing and Curtain Walls. A fee for compliance with the recertification, every six months for the first year after receiving the Certificate of Occupancy (C.O.), and a fee every five years after that date in accordance with the Florida Building Code as set forth in the Fee Schedule.
i. Certificate of Occupancy (C.O.) and Certificate of Compliance (C.C.). In accordance with the requirements of the Florida Building Code.
1\. Residential (single family/duplex, triplex or multifamily condominium):.
2\. Commercial (including multifamily rentals).
3\. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. extension can be requested through the Building Official or Designee. Any extensions shall be charged as follows:
Ai.First request. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase per 90 days for commercial properties or per 90 days for residential properties;
Bii.Second request. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase per 90 days for commercial properties or per 90 days for residential properties;
Ciii. Third request. May request an extension of up to 270 days in 90-day increments. The cost shall be charged at the second request rate, plus a rate equal to 502% percent of the building/Trade Permit line.
Div.Exemption. Income Restricted Units certified by the City with a recorded covenant may be exempted from the additional Permit fee charged beyond the second time pursuant to this section by the City Manager or Designee based upon a showing that all Permits are currently active and/or no prior Permit and/or code violations have occurred at the project site. The exemption shall only be allowed for the applicable Income Restricted Units.
I. Should an exemption to the fee be granted, it may be renewed for the extension times as provided for in Subsection 10-18(b)(3)(i).
II. The exemption from the additional fee charged beyond the second time is retroactive to any active permit for a qualifying Income Restricted Unit.
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j.Expired and Inactive Permit Applications (NAC). For those expired applications where 180 days have passed from the original application date, in accordance with the Florida Building Code (FBC105.13), the Building Official may extend for periods not exceeding 90 days the expiration date, if requested by the applicant in writing, explaining the need and circumstances for the extension. Every extension will be charged for residential single family, duplex/triplex and for commercial and multifamily applications. For those inactive applications (NAC), if authorized by the Planning Director, they will be reactivated in the system after payment of a fee for a period of six additional months. If a Permit is not obtained and construction starts within this extension time, the process number will be voided and the applicant will need to re-apply for a new application number. All fees are non-refundable if the process number is voided.
k.Expired/completion Permits.Any building/Trade Permit may be extended once by the Building Official if requested prior to the Permit expiration date.Fees for Permit extensions are set forth in the Fee Schedule. If the building/Trade Permit is expired, a completion Permit will be required. Fees for Completion Permits are set forth in the Fee Schedule.
1.Extension of Permit: Fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website.
2. Completion of any type of Permit.:
l.Re-inspection Fees. Re-inspection fees will be charged in instances where the inspector is scheduled to visit a site, and any of the included, but not limited to the following issues occur: a Contractor or builder owner receives a rejection of an inspection because a notice of commencement is not posted at the site and a copy is not provided to the inspector; the wrong address was given to visit the site to inspect; work was incomplete or not ready for inspection; the corrections given in the previous inspections were not completed; the approved set of plans or required certifications are not at the site; or no arrangement was made to allow the inspector to gain entry to the area of inspection, a fee will be assessed and no further inspections will be scheduled until the re-inspection fee is paid.
m.Expedited Plans Review of Green Building Permit Applications. Green buildings are defined as those with resource efficient design, construction, and operation by employing environmentally sensible construction practices, systems, and materials and defined as residential or commercial buildings that are registered Leadership in Energy and Environmental Design ("LEED") projects, or any equivalent Green rating system. LEED is defined as the most recent Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council. Expedited priority review of Permit applications shall be defined as those to be reviewed prior to non-green building applications, in the order received, within the building Permit review process. A non-refundable deposit, described in this Subsection 10-18(b)(3)(m)(2)(D). below will be required.
1.Green buildings eligible for priority permitting will be:
A.For buildings in excess of 50,000 square feet, and that exceed the requirements of LEED Silver certification.
B.For buildings below 50,000 square feet, and that meet or exceed the requirements for any level of LEED certification.
2.To qualify for expedited priority review and approval of permit applications, buildings meeting the criteria above must submit to the building department:
A. A LEED registration form;
B. A LEED scorecard indicating all expected rating points;
C. The name and contact information for a LEED accredited professional on the project team; and
D. A non-refundable deposit as set forth in the Fee Schedule.
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q. Recertification of Plans and Revised Plans Fee, and Permit Card Replacement.
1. When plans are lost by the owner or Contractor, a recertification fee is required for a new set of plans: Thirty percent of the original fee. Minimum fee for residential/commercial uses.
2. Revised plans and shop drawings (after approval of initial plans) as set for in the Fee Schedule:
A. Per sheet revised and reviewed
B. Minimum fee
C. Maximum fee
3. Replacement of lost permit card or replacement or duplication of plans (per sheet):
r. Administrative Services Fees.
1.Computer print-out of property information, Permits, inspections, etc. sheet.
2.File search for every request of building department services, including notice of violations.
3.Notarization of any document, including building Permit application.
4.Sending and receiving faxes (not related to the permitting process)
A. Local, per page
B. Long distance, per page
5.City certification of plans: Cost of reproduction of plans plus a per page fee.
6\. Folio change.
7\. Refunds, Time Limitations, Revocation, Etc. The fees charged pursuant to this Section, for a Permit required by the Florida Building Code, may be refunded by the Building Official, subject to the following:
a.No Refunds Permitted: Refunds will not be issued under the following circumstances:
i.Work has commenced but refund request is for a duplicative Permit;
ii.Void, Expired, or Revoked Permits; or
iii.Fees Below Minimum Threshold - No refund will be made on Permit Fees at or below the minimum threshold of $120.00 or less.
b.Partial Refund Eligibility: A partial refund may be granted if all of the following conditions are met:
i.No work, plan review, or inspections have started under the Permit; and
ii.The refund request is submitted within the applicable window 90 days from Permit issuance.
c. Duplicate Permits: If a duplicate Permit was issued for the same scope of work, the original Permit holder may be eligible for a refund on the original Permit provided:
i.The duplicate Permit was issued within 90 days of one another; and
ii.The refund request is received within 90 days of the issuance of the later (duplicate) Permit. d. Non-Refundable Fees and Charges: Regardless of timing or work status, the following are never refundable:
d.Non-Refundable Fees and Charges: Regardless of timing or work status, the following are never refundable:
i.Plan review fees
ii.Minimum base fees
iii.Administrative processing fees
iv.State-mandated surcharges under Sections 553.721 and 468.631, Florida Statutes, as may be amended from time to time.
8.Courtesy Inspection. A fee for Courtesy Inspections as set forth in the Fee Schedule.
9\. Environmental Resources Plan Review Fee. A fee for Environmental Resources Plan Review as set forth in the Fee Schedule.
10.Floodplain Plan Review. A fee for Floodplain Plan Review as set forth in the Fee Schedule.
11.Public Works – Outside Agency Review. A fee for Public Works- Outside Agency Plan Review as set forth in the Fee Schedule.
4s. Building Department Enforcement Fees. In compliance with the Florida Building Code, National Electrical Code, and Miami-Dade County Code Chapter 8, the following expenses will be recovered from necessary Building Department enforcement and/or demolitions:
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5t.Waiver of permitting fees. All city building permit fees related to the installation of solar panels are hereby waived for residential and commercial properties. The building department will process all building permit applications for solar panels within three business days. That portion of city building permit fees attributable to compliance with [Chapter 10](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH10BU), Article XI of the City Code are hereby waived for structures existing on or before October 8, 2020. These waivers do not include any surcharges, fees, or costs required by federal, state, or county governments.
6u.New permits prohibited, non-homestead properties. Permits shall not be issued for a non-homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the city. Permits required to cure life safety issues, Permits which are required to bring outstanding violations into compliance, or Permits for any properties owned by a governmental entity are exempted from this prohibition.
c. Elevator/Escalator/Boiler and Unfired Pressure Vessel Fees and Fines for Non-Compliance.
A1. Fees shall be charged for:
1a. Certificate of Operations
2b. Elevator/escalator duplicate certificate
3c. Elevator/escalator delinquent certificate
4d. Temporary certificate of Operations
5e. Elevator/escalator annual inspection
6f. Elevator/escalator re-inspection fee:
7g. Elevator witness:
Ai. One-year test
Bii. Five-year test
8h. Elevator emergency power/fire recall test:
9i. Elevator/escalator removal fee
10j. High pressure boiler annual inspection
11k. Low pressure boiler annual inspection
12l. Water heater annual inspection
13m. Pool heater annual inspection
14n. Miniature boiler annual inspection
15o. Kettles annual inspection
16p. Unfired pressure vessel (air compressor) annual inspection
B2. Fines for non-compliance.
1a. Elevator/escalator non-compliance fines, as set forth in the Fee Schedule:
Ai. First offense: $250.00 per elevator/escalator.
Bii. Second and furtheroffenses: $500.00 per elevator/escalator.
2b. Boiler, heater and unfired pressure vessel non-compliance fines, as set forth in the Fee Schedule:
Ai. Re-inspection fee for every two consecutive failed inspection: $50.00.
Bii. Late fee for past due amounts: $40.00.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
WHEREAS, the Florida Legislature enacted House Bill 803, codified as Chapter 2026-63, Laws of Florida ("HB 803"), effective July 1, 2026, which substantially amended Part IV of Chapter 553, Florida Statutes, governing Building Permit Fees and Private Provider plan review and inspection services; and
WHEREAS, HB 803 requires that Building Permit Fees be based upon the actual, documented cost of providing Building services, rather than on projected valuation, percentage of construction cost, or revenue targets; and
WHEREAS, by separate resolution, the City Commission will be adopting an Amended Exhibit C Fee Schedule establishing square footage-based flat fee rates to replace the percentage-of-construction-cost fee methodology previously set forth in the Fee Schedule; and
WHEREAS, it is necessary to amend Section 10-18 of the City Code to remove references to percentage-of-construction-cost and value-of-construction-based fee methodology, to conform the Fee Schedule provisions to the square footage-based, Fee Schedule rate methodology to be adopted by the City Commission, and to make other conforming and clean-up revisions necessitated by HB 803; and
WHEREAS, in preparing the amendments set forth herein, the City was guided by four objectives: (1) compliance with the requirements of HB 803 and applicable state law; (2) recovery of the actual, documented cost of providing Building services, including a reasonable reserve as permitted by state law; (3) a fee structure that is administrable and clearly understood by Permit applicants and City staff; and (4) transparency to the public regarding the basis upon which Permit fees are calculated; and
WHEREAS, the City Commission desires to adopt these amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article II of the City Code is further amended in the following particulars:
“CHAPTER 10
BUILDING
\* \* \*
ARTICLE I – IN GENERAL
\* \* \*
DIVISION 2 – BUILDING ADMINISTRATION FEES, AND WAIVERS
\* \* \*
Sec. 10-18. Building permit fee schedule; waivers; elevator, escalator, boiler etc.
Fees and Fines.
a.Definitions
Affordable Housing Development is owner-occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 30 percent to 80 percent of the area median income as published annually by the United States Department of Housing and Urban Development ("HUD").
Community Redevelopment Agency ("CRA") is a public entity created pursuant to F.S. § 163.356, as amended.
Courtesy Inspection is a non-mandatory inspection performed by City of Miami Building Inspectors, typically at the request of the owner, contractor or other interested parties, for the purpose of providing additional support or guidance relating to Permitting or other construction issues.
Dry Run is defined as the process of plans signed and sealed by the design team submitted for building permit but with a building permit application without having a contractor.
Environmental Resources Plan Review is the review process to verify compliance with Chapter 17, the Environmental Preservation/Tree Protection Chapter, of this Code and any other applicable laws and regulations.
Floodplain Plan Review is the review process to verify compliance with Chapter 20 of this Code on Flood Damage Prevention and any other applicable laws and regulations.
Income Restricted Units is a project whose development or refurbishment has resulted and benefited, in whole or in part, from any of the city's programs for low income, affordable, or workforce housing and are accordingly restricted by the requisite covenant(s).
Master Permitis a building permit obtained for the complete work on any project.
Private Provider means a person who can provide alternate plans review under F.S. § 553.791 and is licensed as an engineer under F.S. Ch. 471 or as an architect under F.S. Ch. 481, as amended.
Public Works - Outside Agency Review is the process to verify that plans containing improvements, utilities or other construction in the Public Right of Way comply with all required safety standards, and any other applicable codes or regulations.
Stand-alone Permit is any trade (electrical, mechanical or plumbing) permit pulled for a single category without the need for a Master Permit.
Trade Permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a Master Permit associated with it to be pulled prior to issuance.
Up-front Fee is the fee associated and charged at the time of submittal of a set of plans and building permit application.
Workforce Housing Developmentis owner-occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80 percent to 140 percent of the Area Median Income as published annually by HUD.
b. General Fee information
1\. Building, Plumbing, Mechanical and Electrical Permit Fees.
The following types of fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website:
a. Residential (up to three dwelling units): For all residential properties, any Trade or Master building Permit will be charged the Fee Schedule set percentagerateof the estimated construction cost (including labor and materials) for new construction,or additions, and the Fee Schedule setpercentage of the estimated construction cost for all remodeling permits. Notwithstanding the foregoing, the building Permit fee for residential improvements where the amount of estimated construction is less than $2,500.00 shall be fixed at the fee schedule rate. Any Residential Trade Permit will be charged a fixed fee set forth in the Fee Schedule.
b. Commercial and Multifamily Master Permit, Trade Permit and Stand-alone Permit fee: For a building whose estimated construction cost is equal to or less than $30,000,000.00 is the Fee Schedule set percentage of the cost of construction as per the declared cost by the Contractor. For projects where the construction cost exceeds $30,000,000.00, the fee will be the same as above up to $30,000,000.00, plus one-half percent of the amount in excess of the $30.000,000.00 all Commercial or Multifamily properties, any master Building Permit will be charged the Fee Schedule rate for new construction and remodeling. Any Commercial or Multifamily Trade Permit will be charged a fixed fee set forth in the Fee Schedule.
c. Minimum Permit fee, applicable to any building Permit, shop drawing, or revision of any category regardless of construction cost or number of pages will be charged per the Fee Schedule.
d. Phased Permit fee: Any Phased Permit issued in accordance with the Florida Building Code (FBC 105.13) will be valid for six months from the issuance date. No extensions will be issued to the Phased Permits by the Building Official. These Permits will be charged by the Fee Schedule rate, plus any other applicable surcharges as defined or required by the surcharges section.
e. Fee for work started without Permits: When work is commenced prior to obtaining a required Permit, a fee of two times that specified in this Section, plus an additional fee shall be paid for Homestead properties, and a fee of four times that specified in this Section, plus an additional fee shall be paid for non-Homestead/commercial properties. The payment of such fees shall not relieve any person, firm, or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the penalties therein. The fee requirement shall be applicable to all trade divisions of the building department.
f.The building department will modify the Permit fee calculation using the Engineering News Record-Building Cost Index (ENR-BCI) published each January. A credit will be applied to the total cost of the building Permit fee using the ENR-BCI should the ENR-BCI increase.
2. Surcharges. For all Permits issued, the building department will collect the following surcharges for the State of Florida, Miami-Dade County and other City departments:
a.State of Florida Surcharges.
1.State of Florida Department of Business and Professional Regulation (DBPR).
2.State of Florida Building Code Administrators and Inspectors (BCAI).
b.Miami-Dade County Code Compliance Surcharges.
c. City Solid Waste Surcharge. Shall be charged pursuant to the Fee Schedule.
1\. Residential.
2\. Commercial.
3\. Exemptions. The following are exempt from this surcharge: signs, landscaping, elevators, revisions, subsidiary Permits, roofing, awning, windows and doors, shed, flooring, driveways, solar panel installations, and any affordable housing Permit that the City Director of Community Development exempts in writing prior to the issuance of the Permit.
4\. Automatic Deferral. The City Manager, or Designee, shall defer the surcharge for Affordable Housing Developments and workforce housing developments for as long as the development remains affordable or workforce housing. The Permit applicant shall provide the City the Community Redevelopment Agency board's resolution approving or authorizing the project and a covenant running with the land, or a deed restriction, which ensures that the development conforms to the requirements of an Affordable Housing Development or workforce housing development. Upon the project ceasing to be an Affordable Housing Development or a workforce housing development, the solid waste surcharges that were deferred shall become due and payable to the city within 30 days.
5\. Petition for Refund of Solid Waste Surcharge.
(a)Petitions for refund of the Solid Waste surcharge shall be submitted to the City Manager or Designee, for their review. The City Manager or Designee shall provide a form for the Petition that is to be submitted by all eligible parties. The criteria for granting any such petition is as follows:
(1)The Petition shall be filed within ninety (90) days after finalization of the relevant permit. Any party who has the right to file a Petition and who fails to do so within the required timeframe shall be deemed to have waived their right.
(2)Only the party who paid the surcharge, hereinafter referred to as Petitioner, and who believes the contribution rate component of their surcharge to be inequitable based upon actual construction completed or lack thereof, subject to the limitations set forth in this Section, may file a Petition;
(3) The Petition shall state with detailed specificity the reason for the request and the amount of refund being sought, and shall include:
i. All submitted plans and modification;
ii. Any and all refuse and debris removal contracts in place on the permit site;
iii. Any and all charges for the refuse and debris removed incurred from the final recycle or dumping station; and
iv. Any other item, document, contract, agreement or writing that has direct bearing on the requested adjustment.
(4)The Petitioner requesting the adjustment may be required, at their own cost, to provide supplemental information as requested by the City Manager or Designee, including, but not limited to, a full set of building (permit) plans, proof of finalization of relevant permit, copies of hauler agreements, copies of container removal service agreements or removal billing. Failure to provide such information may result in the denial of the refund request; and
(b)The City Manager or Designee will review the Petition and based upon the totality of information provided, which may include requests for information from the relevant City departments, determine whether the refund is granted and the amount therein, as necessary.
(c)The City Manager or Designee will have one hundred twenty (120) days from the date of receipt of the Petition for Refund to provide a determination in writing. The determination shall include a recitation of the facts and the basis for the granting or denying of the Petition and if granting, the reason for the amount of refund.
(d) Appeals. All determinations by the City Manager or Designee are final.
(e)This Section does not apply to a class member (as defined in the trial court's order certifying the class in RT&S Investment Group, LLC v. City of Miami, Miami Dade Circuit Court Case No.: 14-32239 CA 27) who does not opt out of the class.
d. City Energy Conservation Surcharge.
1\. This charge encompasses energy conservation plan review and field inspections for such energy conservation. 2.For each square foot of new construction or an addition per the rate set forth in the Fee Schedule.
3\. Miscellaneous permits and inspections fees.
a. Private Provider fee.
1.When a property owner uses the services of a licensed private company for plan review and/or inspections services (a private provider under F.S. § 553.791), the fee will be assessed as a regular building permit with a fee reduction in compliance with Section 553.791, Florida Statutes and as set forth in the Fee Schedule. of one-third of the original building/Trade Permit fee line. If only the plan review or the inspections are done by the private provider, then the fee will be one-half of the one-third credit stipulated above.
2.Residential: shall reduce the Building Permit Fee by the amount of cost savings realized by the Building Department.
3.Commercial: a 25% Permit Fee reduction of the portion of the Building Permit Fee for plan review or inspection when the property owner choses one of these services or a 50% Permit Fee reduction when the property owner chooses a Private Provider for both plan review and inspection services as provided for in Section 553.791, Florida Statutes and the Fee Schedule.
b.Dry Run/Up-Front Fees. At the time of issuance of the Permit application process number assigned by the building department, the projects will be charged the Fee Schedule rate per $1,000.00 of the estimated construction value. Eighty percent of the total collected amount for this item, will be credited towards the building Permit fee line when issued. No credit will be issued if there is no issuance of a Permit, a substantial design is submitted, or the Permit is not issued after 180 days of the last review. Dry Run and Up-front fees are not refundable, however they will be fully credited towards the cost of the building permitAn upfront fee will be assessed on the Permit at the time ofapplication. Upfront fees willbecredited towards the Building Permit Fee.No credit will be issued if there is no issuance of aPermit;a substantial design issubmittedand reviewed, or thePermit is not issued after180 daysof thelast review.Dry Run andUpfrontfees are not refundable. The fee shall be listed in the Fee Schedule.
c. Joint Plan Reviews.
1. Each meeting with staff from Building, Zoning, Planning, or Resilience and Public Works, will be charge a per meeting fee per each requested discipline for a maximum of two hours each as set forth in the Fee Schedule.
2. If additional disciplines are required based on the scope of work, additional charges for each discipline will apply. This fee does not apply to affordable housing projects qualified as such under the City Code.
3. This shall only apply to commercial projects that are over 20,000 square feet in size.
d. Revision of Plans and Re-works. Revision of plans (per discipline) and reworks, after the second review. A fee for residential and commercial projects is set forth in the Fee Schedule.
e. Recertification. Review Recertification of buildings are required pursuant to the requirements of the Miami-Dade County Board of Rules and Appeals (BORA) standing order, and Miami-Dade County Code Chapter 8 and the Florida Building Code Administrative Rules. Recertification review for compliance with recertification. Any extension request by the owner of a property after receipt of a notification letter from the City that the property must prove they are in compliance with Recertification will be assessed a feefor each additional three-month extension, with a maximum of two possible extensions after the original notification letter.
f. Permit by Affidavit, and Legalization of Existing Structures. The Permits issued by affidavit and legalizations of structures built without Permits before the year 2002, in addition to any other applicable enforcement fee, building and Trade Permit fee. For those structures built after 2002, they will be charged with a double permit fee and fine where applicable using this subsection 10-18(b)(1) above.
g. Annual facility Permit Fee. These The Master Building Permits will be issued with a percent feebased on the intended annual work schedule cost per building or tradeAn Annual Master and Subsidiary Facility Permit (Premise Permit) will be issued for the intended annual work per building or trade and charged a fee as set forth in the Fee Schedule.
h. Commercial Engineered or Structural Glazing and Curtain Walls. A fee for compliance with the recertification, every six months for the first year after receiving the Certificate of Occupancy (C.O.), and a fee every five years after that date in accordance with the Florida Building Code as set forth in the Fee Schedule.
i. Certificate of Occupancy (C.O.) and Certificate of Compliance (C.C.). In accordance with the requirements of the Florida Building Code.
1\. Residential (single family/duplex, triplex or multifamily condominium):.
2\. Commercial (including multifamily rentals).
3\. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. extension can be requested through the Building Official or Designee. Any extensions shall be charged as follows:
Ai.First request. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase per 90 days for commercial properties or per 90 days for residential properties;
Bii.Second request. May request an extension of up to 270 days in 90-day increments. The cost per square foot shall increase per 90 days for commercial properties or per 90 days for residential properties;
Ciii. Third request. May request an extension of up to 270 days in 90-day increments. The cost shall be charged at the second request rate, plus a rate equal to 502% percent of the building/Trade Permit line.
Div.Exemption. Income Restricted Units certified by the City with a recorded covenant may be exempted from the additional Permit fee charged beyond the second time pursuant to this section by the City Manager or Designee based upon a showing that all Permits are currently active and/or no prior Permit and/or code violations have occurred at the project site. The exemption shall only be allowed for the applicable Income Restricted Units.
I. Should an exemption to the fee be granted, it may be renewed for the extension times as provided for in Subsection 10-18(b)(3)(i).
II. The exemption from the additional fee charged beyond the second time is retroactive to any active permit for a qualifying Income Restricted Unit.
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j.Expired and Inactive Permit Applications (NAC). For those expired applications where 180 days have passed from the original application date, in accordance with the Florida Building Code (FBC105.13), the Building Official may extend for periods not exceeding 90 days the expiration date, if requested by the applicant in writing, explaining the need and circumstances for the extension. Every extension will be charged for residential single family, duplex/triplex and for commercial and multifamily applications. For those inactive applications (NAC), if authorized by the Planning Director, they will be reactivated in the system after payment of a fee for a period of six additional months. If a Permit is not obtained and construction starts within this extension time, the process number will be voided and the applicant will need to re-apply for a new application number. All fees are non-refundable if the process number is voided.
k.Expired/completion Permits.Any building/Trade Permit may be extended once by the Building Official if requested prior to the Permit expiration date.Fees for Permit extensions are set forth in the Fee Schedule. If the building/Trade Permit is expired, a completion Permit will be required. Fees for Completion Permits are set forth in the Fee Schedule.
1.Extension of Permit: Fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website.
2. Completion of any type of Permit.:
l.Re-inspection Fees. Re-inspection fees will be charged in instances where the inspector is scheduled to visit a site, and any of the included, but not limited to the following issues occur: a Contractor or builder owner receives a rejection of an inspection because a notice of commencement is not posted at the site and a copy is not provided to the inspector; the wrong address was given to visit the site to inspect; work was incomplete or not ready for inspection; the corrections given in the previous inspections were not completed; the approved set of plans or required certifications are not at the site; or no arrangement was made to allow the inspector to gain entry to the area of inspection, a fee will be assessed and no further inspections will be scheduled until the re-inspection fee is paid.
m.Expedited Plans Review of Green Building Permit Applications. Green buildings are defined as those with resource efficient design, construction, and operation by employing environmentally sensible construction practices, systems, and materials and defined as residential or commercial buildings that are registered Leadership in Energy and Environmental Design ("LEED") projects, or any equivalent Green rating system. LEED is defined as the most recent Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council. Expedited priority review of Permit applications shall be defined as those to be reviewed prior to non-green building applications, in the order received, within the building Permit review process. A non-refundable deposit, described in this Subsection 10-18(b)(3)(m)(2)(D). below will be required.
1.Green buildings eligible for priority permitting will be:
A.For buildings in excess of 50,000 square feet, and that exceed the requirements of LEED Silver certification.
B.For buildings below 50,000 square feet, and that meet or exceed the requirements for any level of LEED certification.
2.To qualify for expedited priority review and approval of permit applications, buildings meeting the criteria above must submit to the building department:
A. A LEED registration form;
B. A LEED scorecard indicating all expected rating points;
C. The name and contact information for a LEED accredited professional on the project team; and
D. A non-refundable deposit as set forth in the Fee Schedule.
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q. Recertification of Plans and Revised Plans Fee, and Permit Card Replacement.
1. When plans are lost by the owner or Contractor, a recertification fee is required for a new set of plans: Thirty percent of the original fee. Minimum fee for residential/commercial uses.
2. Revised plans and shop drawings (after approval of initial plans) as set for in the Fee Schedule:
A. Per sheet revised and reviewed
B. Minimum fee
C. Maximum fee
3. Replacement of lost permit card or replacement or duplication of plans (per sheet):
r. Administrative Services Fees.
1.Computer print-out of property information, Permits, inspections, etc. sheet.
2.File search for every request of building department services, including notice of violations.
3.Notarization of any document, including building Permit application.
4.Sending and receiving faxes (not related to the permitting process)
A. Local, per page
B. Long distance, per page
5.City certification of plans: Cost of reproduction of plans plus a per page fee.
6\. Folio change.
7\. Refunds, Time Limitations, Revocation, Etc. The fees charged pursuant to this Section, for a Permit required by the Florida Building Code, may be refunded by the Building Official, subject to the following:
a.No Refunds Permitted: Refunds will not be issued under the following circumstances:
i.Work has commenced but refund request is for a duplicative Permit;
ii.Void, Expired, or Revoked Permits; or
iii.Fees Below Minimum Threshold - No refund will be made on Permit Fees at or below the minimum threshold of $120.00 or less.
b.Partial Refund Eligibility: A partial refund may be granted if all of the following conditions are met:
i.No work, plan review, or inspections have started under the Permit; and
ii.The refund request is submitted within the applicable window 90 days from Permit issuance.
c. Duplicate Permits: If a duplicate Permit was issued for the same scope of work, the original Permit holder may be eligible for a refund on the original Permit provided:
i.The duplicate Permit was issued within 90 days of one another; and
ii.The refund request is received within 90 days of the issuance of the later (duplicate) Permit. d. Non-Refundable Fees and Charges: Regardless of timing or work status, the following are never refundable:
d.Non-Refundable Fees and Charges: Regardless of timing or work status, the following are never refundable:
i.Plan review fees
ii.Minimum base fees
iii.Administrative processing fees
iv.State-mandated surcharges under Sections 553.721 and 468.631, Florida Statutes, as may be amended from time to time.
8.Courtesy Inspection. A fee for Courtesy Inspections as set forth in the Fee Schedule.
9\. Environmental Resources Plan Review Fee. A fee for Environmental Resources Plan Review as set forth in the Fee Schedule.
10.Floodplain Plan Review. A fee for Floodplain Plan Review as set forth in the Fee Schedule.
11.Public Works – Outside Agency Review. A fee for Public Works- Outside Agency Plan Review as set forth in the Fee Schedule.
4s. Building Department Enforcement Fees. In compliance with the Florida Building Code, National Electrical Code, and Miami-Dade County Code Chapter 8, the following expenses will be recovered from necessary Building Department enforcement and/or demolitions:
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5t.Waiver of permitting fees. All city building permit fees related to the installation of solar panels are hereby waived for residential and commercial properties. The building department will process all building permit applications for solar panels within three business days. That portion of city building permit fees attributable to compliance with [Chapter 10](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH10BU), Article XI of the City Code are hereby waived for structures existing on or before October 8, 2020. These waivers do not include any surcharges, fees, or costs required by federal, state, or county governments.
6u.New permits prohibited, non-homestead properties. Permits shall not be issued for a non-homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the city. Permits required to cure life safety issues, Permits which are required to bring outstanding violations into compliance, or Permits for any properties owned by a governmental entity are exempted from this prohibition.
c. Elevator/Escalator/Boiler and Unfired Pressure Vessel Fees and Fines for Non-Compliance.
A1. Fees shall be charged for:
1a. Certificate of Operations
2b. Elevator/escalator duplicate certificate
3c. Elevator/escalator delinquent certificate
4d. Temporary certificate of Operations
5e. Elevator/escalator annual inspection
6f. Elevator/escalator re-inspection fee:
7g. Elevator witness:
Ai. One-year test
Bii. Five-year test
8h. Elevator emergency power/fire recall test:
9i. Elevator/escalator removal fee
10j. High pressure boiler annual inspection
11k. Low pressure boiler annual inspection
12l. Water heater annual inspection
13m. Pool heater annual inspection
14n. Miniature boiler annual inspection
15o. Kettles annual inspection
16p. Unfired pressure vessel (air compressor) annual inspection
B2. Fines for non-compliance.
1a. Elevator/escalator non-compliance fines, as set forth in the Fee Schedule:
Ai. First offense: $250.00 per elevator/escalator.
Bii. Second and furtheroffenses: $500.00 per elevator/escalator.
2b. Boiler, heater and unfired pressure vessel non-compliance fines, as set forth in the Fee Schedule:
Ai. Re-inspection fee for every two consecutive failed inspection: $50.00.
Bii. Late fee for past due amounts: $40.00.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
Fiscal Impact
N/A