CS/CS/CS/HB 927 full text · Session Watch

2 An act relating to local land planning and

3 development; amending ss. 125.022 and 166.033, F.S.;

4 requiring each county and municipality, respectively,

5 of a specified size to create and implement a program

6 for the purpose of making development preapplication

7 consultation services available at an applicant's

8 request; providing that specified provisions may not

9 be construed to affect or require the modification of

10 certain county or municipality programs that make

11 available the same or substantially similar

12 development preapplication consulting services if such

13 county or municipality's program existed before a

14 specified date; limiting such preapplication

15 consultation services to applications for certain

16 permits; authorizing a county or municipality to use a

17 qualified contractor or qualified contractor firm to

18 fulfill specified preapplication services

19 requirements; specifying minimum requirements for a

20 development preapplication consultation services

21 program; requiring a county or municipality to take

22 certain actions if an applicant chooses to use the

23 development preapplication consultation services

24 program; requiring a county or municipality to

25 approve, approve with conditions, or deny an

26 applicant's completed application within a specified

27 timeframe; requiring that an application be deemed

28 approved by operation of law without conditions and

29 proceed in a specified manner if a county or

30 municipality fails to make a certain determination

31 within a specified timeframe; providing construction;

32 specifying that certain requirements apply if an

33 applicant for a development permit or development

34 order is not eligible for, does not request, or elects

35 not to use the county's or municipality's

36 preapplication consulting services program; creating

37 s. 163.3169, F.S.; defining terms; requiring a local

38 government to establish a registry of a specified

39 number of qualified contractors or qualified

40 contractor firms to conduct certain preapplication

41 services; prohibiting a qualified contractor or

42 qualified contractor firm from having a conflict of

43 interest; authorizing an applicant to use a qualified

44 contractor that is not on the registry if a conflict

45 of interest exists; authorizing a local government to

46 enter into a certain agreement with another local

47 government under certain circumstances; prohibiting a

48 local government from adding its own employees to the

49 registry; authorizing an applicant to retain a

50 qualified contractor or qualified contractor firm of

51 his or her choosing for preapplication consultation

52 services under certain circumstances; prohibiting a

53 local government from conditioning, denying, or

54 delaying an applicant's selection or use of a

55 qualified contractor or qualified contractor firm;

56 specifying that the applicant is responsible for all

57 fees and costs associated with using a qualified

58 contractor of his or her choice; requiring a local

59 government to make certain resources available if an

60 applicant uses a qualified contractor or qualified

61 contractor firm of his or her choosing to perform

62 preapplication consultation services; providing an

63 exception; providing construction; providing that

64 specified requirements relating to the use of

65 qualified contractors or qualified contractor firms to

66 perform development preapplication consultation

67 services do not apply to certain property identified

68 within a permit application; providing applicability;

69 providing construction; amending s .177.071, F.S.;

70 authorizing a governing body to use a specified

71 registry to supplement local government staff

72 resources; prohibiting a local government from

73 creating, establishing, or applying any additional

74 local procedure or condition for the administrative

75 approval of a plat or replat which is inconsistent

76 with specified provisions; authorizing the

77 administrative authority to receive and act upon

78 certain financial assurances; providing requirements

79 for a local government's acceptance of certain

80 financial assurances; amending s. 177.073, F.S.;

81 revising the definition of the term "applicant";

82 requiring the governing body of certain local

83 governments and counties to include certain

84 developments in a program that expedites the process

85 for issuing building permits for planned unit

86 developments or phases of a community or subdivision;

87 specifying automatic actions in the event the local

88 government fails to adopt, update, or modify a certain

89 program by a specified date; defining the term

90 "conflict of interest"; providing construction;

91 requiring a governing body to create a two-step

92 application process for stabilized access roads that

93 can support emergency vehicles; revising requirements

94 for such application process; authorizing an applicant

95 to use a qualified contractor for land use approvals

96 under certain circumstances; authorizing a governing

97 body to use the qualified contractor registry

98 established pursuant to this act to supplement staff

99 resources; deleting provisions prohibiting the use of

100 a qualified contractor with a conflict of interest;

101 defining the term "approved plans"; providing

102 construction; prohibiting a local government from

103 conditioning, delaying, withholding, or denying the

104 issuance of certain permits under certain

105 circumstances; providing applicability; providing

106 construction; authorizing a local government to waive

107 a certain bond requirement under certain

108 circumstances; revising the circumstances under which

109 an applicant has a vested right in a preliminary plat;

110 providing an effective date.

112 Be It Enacted by the Legislature of the State of Florida:

114 Section 1. Section 125.022, Florida Statutes, is amended

115 to read:

116 125.022 Development permits and orders; development

117 preapplication consulting services program required.—

118 (1)(a) By January 1, 2027, each county with a population

119 of 75,000 or greater shall create and implement a program for

120 the purpose of making available development preapplication

121 consultation services at an applicant's request. This subsection

122 may not be construed to affect or require the modification of a

123 county program that makes available the same or substantially

124 similar development preapplication consulting services to an

125 applicant for a development permit or development order,

126 including a program that requires mandatory preapplication

127 meetings for specified types of developments, if such county

128 program exists on or before July 1, 2026.

129 1. The preapplication consultation services authorized in

130 this subsection are limited to those applications for permits as

131 defined in s. 163.3169.

132 2. The county may use a qualified contractor or a

133 qualified contractor firm as defined in s. 163.3169 to fulfill

134 the preapplication consultation services required in this

135 subsection.

136 (b) A development preapplication consultation services

137 program must, at minimum, provide all of the following:

138 1. The minimum information that must be submitted in an

139 application for a permit as defined in s. 163.3169.

140 2. The review and precertification of completeness of the

141 application and all related documents, including site

142 engineering plans or site plans or their functional equivalent,

143 or plats, and their compliance with all relevant existing land

144 development regulations.

145 (c) If an applicant chooses to use the development

146 preapplication consultation services program, the county, upon

147 receipt of the proposed development application, shall confirm

148 receipt, verify completeness, and issue a written notification

149 to the applicant indicating that all required information has

150 been submitted, or specify in writing with particularity any

151 deficiencies in the application, within 5 business days. If the

152 application is deficient, the applicant has 30 days to address

153 the deficiencies by submitting the required additional

154 information. If the county fails to issue the written

155 notification within 5 business days, the application is deemed

156 complete by operation of law without conditions, and the county

157 must process the application as required in paragraph (d).

158 (d)1. Upon receipt of the applicant's completed

159 application, the county must process the application for final

160 action and must approve, approve with conditions, or deny the

161 application within 45 days after submission of a complete

162 application, except the county may not review again those plans

163 specified in subparagraph (b)2.

164 2. If the county fails to take final action to approve,

165 approve with conditions, or deny the application within 45 days,

166 the applicant shall notify the county in writing. If the county

167 fails to respond within 10 days, the application is deemed

168 approved by operation of law without conditions, and the

169 applicant is entitled to proceed with the proposed activity or

170 development as though the county had granted unconditional

171 approval. Approval pursuant to this subparagraph may not be

172 construed to relieve the applicant of the obligation to comply

173 with all other applicable federal, state, and local laws,

174 regulations, and ordinances.

175 (2) If an applicant for a development permit or

176 development order is not eligible, does not request, or elects

177 not to use the county's development preapplication consulting

178 services program pursuant to subsection (1), all of the

179 following requirements shall apply:

180 (a)(1) A county shall specify in writing the minimum

181 information that must be submitted in an application for a

182 zoning approval, rezoning approval, subdivision approval,

183 certification, special exception, or variance. A county shall

184 make the minimum information available for inspection and

185 copying at the location where the county receives applications

186 for development permits and orders, provide the information to

187 the applicant at a preapplication meeting, or post the

188 information on the county's website.

189 (b)1.(2) Within 5 business days after receiving an

190 application for approval of a development permit or development

191 order, a county shall confirm receipt of the application using

192 contact information provided by the applicant. Within 30 days

193 after receiving an application for approval of a development

194 permit or development order, a county must review the

195 application for completeness and issue a written notification to

196 the applicant indicating that all required information is

197 submitted or specify in writing with particularity any areas

198 that are deficient. If the application is deficient, the

199 applicant has 30 days to address the deficiencies by submitting

200 the required additional information.

201 2. For applications that do not require final action

202 through a quasi-judicial hearing or a public hearing, the county

203 must approve, approve with conditions, or deny the application

204 for a development permit or development order within 120 days

205 after the county has deemed the application complete.

206 3. For applications that require final action through a

207 quasi-judicial hearing or a public hearing, the county must

208 approve, approve with conditions, or deny the application for a

209 development permit or development order within 180 days after

210 the county has deemed the application complete.

211 4. Both parties may agree in writing or in a public

212 meeting or hearing to an extension of time, particularly in the

213 event of a force majeure or other extraordinary circumstance. An

214 approval, approval with conditions, or denial of the application

215 for a development permit or development order must include

216 written findings supporting the county's decision.

218 The timeframes contained in this paragraph ~~subsection~~ do not

219 apply in an area of critical state concern, as designated in s.

220 380.0552. The timeframes contained in this paragraph ~~subsection~~

221 restart if an applicant makes a substantive change to the

222 application. As used in this paragraph ~~subsection,~~ the term

223 "substantive change" means an applicant-initiated change of 15

224 percent or more in the proposed density, intensity, or square

225 footage of a parcel.

226 ~~(c)1.(3)(a)~~ When reviewing an application for a

227 development permit or development order that is certified by a

228 professional listed in s. 403.0877, a county may not request

229 additional information from the applicant more than three times,

230 unless the applicant waives the limitation in writing.

231 ~~2.(b)~~ If a county makes a request for additional

232 information and the applicant submits the required additional

233 information within 30 days after receiving the request, the

234 county must review the application for completeness and issue a

235 letter indicating that all required information has been

236 submitted or specify with particularity any areas that are

237 deficient within 30 days after receiving the additional

238 information.

239 ~~3.(c)~~ If a county makes a second request for additional

240 information and the applicant submits the required additional

241 information within 30 days after receiving the request, the

242 county must review the application for completeness and issue a

243 letter indicating that all required information has been

244 submitted or specify with particularity any areas that are

245 deficient within 10 days after receiving the additional

246 information.

247 ~~4.(d)~~ Before a third request for additional information,

248 the applicant must be offered a meeting to attempt to resolve

249 outstanding issues. If a county makes a third request for

250 additional information and the applicant submits the required

251 additional information within 30 days after receiving the

252 request, the county must deem the application complete within 10

253 days after receiving the additional information or proceed to

254 process the application for approval or denial unless the

255 applicant waived the county's limitation in writing as described

256 in subparagraph 1. ~~paragraph (a).~~

257 ~~5.(e)~~ Except as provided in subsection (4) ~~subsection (7),~~

258 if the applicant believes the request for additional information

259 is not authorized by ordinance, rule, statute, or other legal

260 authority, the county, at the applicant's request, shall proceed

261 to process the application for approval or denial.

262 (d)(4) A county must issue a refund to an applicant equal

263 to:

264 ~~1.(a)~~ Ten percent of the application fee if the county

265 fails to issue written notification of completeness or written

266 specification of areas of deficiency within 30 days after

267 receiving the application.

268 ~~2.(b)~~ Ten percent of the application fee if the county

269 fails to issue a written notification of completeness or written

270 specification of areas of deficiency within 30 days after

271 receiving the additional information pursuant to subparagraph

272 (c)2. ~~paragraph (3)(b).~~

273 ~~3.(c)~~ Twenty percent of the application fee if the county

274 fails to issue a written notification of completeness or written

275 specification of areas of deficiency within 10 days after

276 receiving the additional information pursuant to subparagraph

277 (c)3. ~~paragraph (3)(c).~~

278 ~~4.(d)~~ Fifty percent of the application fee if the county

279 fails to approve, approves with conditions, or denies the

280 application within 30 days after conclusion of the 120-day

281 timeframe specified in subparagraph (b)2. or the 180-day

282 timeframe specified in subparagraph (b)3. ~~subsection (2).~~

283 ~~5.(e)~~ One hundred percent of the application fee if the

284 county fails to approve, approves with conditions, or denies an

285 application 31 days or more after conclusion of the 120-day

286 timeframe specified in subparagraph (b)2. or the 180-day

287 timeframe specified in subparagraph (b)3. ~~subsection (2).~~

289 A county is not required to issue a refund if the applicant and

290 the county agree to an extension of time, the delay is caused by

291 the applicant, or the delay is attributable to a force majeure

292 or other extraordinary circumstance.

293 (e)(5) When a county denies an application for a

294 development permit or development order, the county shall give

295 written notice to the applicant. The notice must include a

296 citation to the applicable portions of an ordinance, rule,

297 statute, or other legal authority for the denial of the permit

298 or order.

299 (3)(6) As used in this section, the terms "development

300 permit" and "development order" have the same meaning as in s.

301 163.3164, but do not include building permits.

302 (4)(7) For any development permit application filed with

303 the county after July 1, 2012, a county may not require as a

304 condition of processing or issuing a development permit or

305 development order that an applicant obtain a permit or approval

306 from any state or federal agency unless the agency has issued a

307 final agency action that denies the federal or state permit

308 before the county action on the local development permit.

309 (5)(8) Issuance of a development permit or development

310 order by a county does not in any way create any rights on the

311 part of the applicant to obtain a permit from a state or federal

312 agency and does not create any liability on the part of the

313 county for issuance of the permit if the applicant fails to

314 obtain requisite approvals or fulfill the obligations imposed by

315 a state or federal agency or undertakes actions that result in a

316 violation of state or federal law. A county shall attach such a

317 disclaimer to the issuance of a development permit and shall

318 include a permit condition that all other applicable state or

319 federal permits be obtained before commencement of the

320 development.

321 (6)(9) This section does not prohibit a county from

322 providing information to an applicant regarding what other state

323 or federal permits may apply.

324 Section 2. Section 163.3169, Florida Statutes, is created

325 to read:

326 163.3169 Using qualified contractors in development order

327 preapplication review.—

328 (1) DEFINITIONS.—As used in this section, the term:

329 (a) "Applicant" means a person or legal entity having a

330 legal or equitable ownership interest in real property, or an

331 authorized agent acting on behalf of such person or entity,

332 which applies for a land development approval from the local

333 government pursuant to this section.

334 (b) "Application" means a properly completed and submitted

335 request for a permit, as defined herein, on behalf of an

336 applicant which includes an affidavit from a qualified

337 contractor as required by this section. The term does not

338 include plans or permits as reviewed under s. 553.791.

339 (c) "Conflict of interest" has the same meaning as in s.

340 112.312 and includes conflicts of interest recognized under

341 applicable licensing or certification standards applicable to

342 the qualified contractor.

343 (d) "Development services office" means the entity,

344 office, division, or department of a local government which is

345 responsible for reviewing applications for compliance with the

346 local government's land development regulations and other

347 applicable federal, state, and local requirements. This office

348 may be substantively identical to or housed within the local

349 government's planning and zoning department.

350 (e) "Development services official" means the individual

351 in the development services office of the governing jurisdiction

352 who is responsible for the direct regulatory administration or

353 supervision of the review and approval process required to

354 indicate compliance with applicable land development

355 regulations. The term includes any duly authorized designee of

356 such person. This individual may be the executive director of

357 the governing body of a local government or the division

358 director of the local government's planning and zoning

359 department.

360 (f) "Final plat" has the same meaning as in s. 177.073.

361 (g) "Governing body" has the same meaning as in s.

362 163.3164.

363 (h) "Land development regulations" has the same meaning as

364 in s. 163.3164, but excludes building permits and plans subject

365 to s. 553.791.

366 (i) "Local government" means:

367 1. A county that has 75,000 or more residents, but does

368 not include a county subject to s. 380.0552; or

369 2. A municipality that has 10,000 or more residents.

370 (j) "Permit" means an authorization, approval, or grant by

371 a local governing body which authorizes the development of land

372 for any site plan or development plan approval, or any

373 subdivision approval, as defined in this section.

374 (k) "Plans" has the same meaning as in s. 177.073.

375 (l) "Plat or replat" has the same meaning as in s.

376 177.031(14).

377 (m) "Preapplication review" means the analysis of a permit

378 conducted by a qualified contractor to ensure compliance with a

379 comprehensive plan, chapter 177, and applicable land development

380 regulations, and which is part of the application as authorized

381 under this section.

382 (n) "Preliminary plat" has the same meaning as in 177.073.

383 (o) "Qualified contractor" means the individual or firm

384 that has demonstrated knowledge of and experience with the types

385 of permits or development approvals specified in this section.

386 The term includes, but is not limited to, any of the following:

387 1. An engineer or engineering firm licensed under chapter

388 471.

389 2. A surveyor or mapper, or a surveyor's or mapper's firm,

390 licensed under chapter 472.

391 3. An architect or architecture firm licensed under part I

392 of chapter 481.

393 4. A landscape architect or a landscape architecture firm

394 registered under part II of chapter 481.

395 5. A planner certified by the American Institute of

396 Certified Planners with at least 5 years of relevant government

397 experience or at least 10 years of experience as an urban

398 planner if not certified.

399 (p) "Qualified contractor firm" means a business

400 organization, including a corporation, partnership, business

401 trust, or other legal entity, which offers services under this

402 section to the public through licensees who act as agents,

403 employees, officers, or partners of the firm. A person who is

404 licensed as an engineer under chapter 471; a surveyor or mapper

405 licensed under chapter 472; an architect licensed under part I

406 of chapter 481; a landscape architect licensed under part II of

407 chapter 481; or who is certified by the American Institute of

408 Certified Planners with at least 5 years of relevant government

409 experience, or at least 10 years of relevant experience as an

410 urban planner if not certified, may act as a qualified

411 contractor for an agent, employee, or officer of the qualified

412 contractor firm.

413 (q) "Site plan or development plan approval" means a site

414 development proposal, or its functional equivalent, including a

415 modification to an existing development approval, which is

416 expressly designated by the local government for administrative

417 review and approval by local government staff or a designated

418 administrative official, without the requirement of approval by

419 an appointed review board or a governing body and which does not

420 materially increase density, intensity, traffic, infrastructure

421 demand, environmental impacts, or significant offsite impacts,

422 and therefore does not require full site plan review or

423 discretionary policy review. The term includes approvals or

424 permits governed by objective, nondiscretionary standards that

425 are designated by the local government for administrative

426 approval by local government staff or an administrative official

427 and which also includes, but is not limited to approvals or

428 permits related to trees, signs, landscaping, and minor

429 modifications.

430 (r) "Subdivision approval" or its functional equivalent,

431 including a modification, means an administrative review process

432 applicable to the division of land into a limited number of lots

433 which does not create new public streets or require significant

434 public infrastructure improvements and does not materially

435 increase development impacts. The term applies only to approvals

436 expressly designated by the local government for administrative

437 review and approval by local government staff or a designated

438 administrator without the requirement of approval by an

439 appointed review board or a governing body. A subdivision

440 qualifies under this definition if it involves a number of lots

441 as specified by the local government, complies with all

442 applicable zoning, dimensional, access utility, and

443 environmental standards, and can be served by existing public

444 facilities or approved private systems, allowing the subdivision

445 to be reviewed for compliance with objective standards of land

446 development code and approved by local government staff or a

447 designated administrative official without requiring

448 discretionary policy determinations.

449 (2) REGISTRY.—

450 (a) By January 1, 2027, a local government shall establish

451 a registry of at least four qualified contractors or two

452 qualified contractor firms which the governing body shall use to

453 supplement the local government's staff resources in ways

454 determined by the governing body upon the written request by an

455 applicant for fulfilling:

456 1. The preapplication consultation services for permits

457 under s. 125.022(1) and s. 166.033(1);

458 2. The requirements of s. 177.073 for processing and

459 expediting the review of an application for a preliminary plat

460 or any plans related to such application; or

461 3. The requirements of s. 177.071 requiring the

462 administrative approval of a plat or replat.

463 (b) A qualified contractor or a qualified contractor firm

464 on the registry which is hired pursuant to this section may not

465 have a conflict of interest. If a prohibitive conflict of

466 interest exists, the applicant may use an otherwise qualified

467 contractor.

468 (c) A local government may enter into an agreement with

469 another local government for the purpose of using public

470 employees who meet the requirements for a qualified contractor

471 to satisfy the minimum numerical requirements for qualified

472 contractors for the registry. A local government may not add its

473 own employees to its own registry.

474 (d) If a local government fails to establish or maintain

475 the registry, an applicant may, at its sole discretion, retain a

476 qualified contractor or a qualified contractor firm of the

477 applicant's choosing to provide preapplication consultation

478 services, provided that the selected qualified contractor or

479 qualified contractor firm does not have a conflict of interest.

480 If a conflict of interest is identified after selection, the

481 applicant must promptly replace the qualified contractor or

482 qualified contractor firm with one that has no conflict of

483 interest.

484 (e) The local government may not condition, deny, or delay

485 the applicant's selection or use of such qualified contractor or

486 qualified contractor firm, and the applicant is responsible for

487 all fees and costs associated with the qualified contractor or

488 qualified contractor firm used in this manner.

489 (f) If an applicant uses a qualified contractor or a

490 qualified contractor firm for such purpose, the local government

491 must provide access to public records and information reasonably

492 necessary to perform preapplication consultation services. This

493 paragraph does not authorize the disclosure of records that are

494 confidential or exempt from public inspection or copying under

495 chapter 119 or any other applicable law, and access to such

496 records is provided only to the extent permitted by law. This

497 paragraph may not be construed to require a local government to

498 violate the licensing terms of proprietary software or related

499 vendor agreements.

500 (3) APPLICABILITY; HISTORIC PRESERVATION.—

501 (a) This section does not apply to an application for a

502 permit if the property that is the subject of the application

503 is:

504 1. Individually listed in the National Register of

505 Historic Places or is a contributing property within a National

506 Register-listed historic district;

507 2. Designated as a local historic landmark, historic

508 resource, or part of a locally designated historic district

509 under a duly adopted local historic preservation ordinance; or

510 3. Subject to binding historic preservation review or

511 approval under federal, state, or local law, including review by

512 a local historic preservation board or commission.

513 (b) If an application encompasses multiple parcels or

514 improvements, this subsection applies only to the portion of the

515 application that relates to property described in paragraph (a).

516 This subsection may not be construed to prohibit the use of a

517 qualified contractor for the portions of an application that do

518 not involve the property listed in paragraph (a).

519 Section 3. Section 166.033, Florida Statutes, is amended

520 to read:

521 166.033 Development permits and orders; development

522 preapplication consulting services program required.—

523 (1)(a) By January 1, 2027, each municipality with a

524 population of 10,000 or greater shall create and implement a

525 program for the purpose of making available development

526 preapplication consultation services at an applicant's request.

527 This subsection may not be construed to affect or require the

528 modification of a municipal program that makes available the

529 same or substantially similar development preapplication

530 consulting services to an applicant for a development permit or

531 development order, including a program that requires mandatory

532 preapplication meetings for specified types of developments, if

533 such municipal program exists on or before July 1, 2026.

534 1. The preapplication consultation services authorized in

535 this subsection are limited to those applications for permits as

536 defined in s. 163.3169.

537 2. The municipality may use a qualified contractor or a

538 qualified contractor firm as defined in s. 163.3169 to fulfill

539 the preapplication consultation services required in this

540 subsection.

541 (b) A development preapplication consultation services

542 program must, at minimum, provide all of the following:

543 1. The minimum information that must be submitted in an

544 application for a permit as defined in s. 163.3169.

545 2. The review and precertification of completeness of the

546 application and all related documents, including site

547 engineering plans or site plans or their functional equivalent,

548 or plats, and their compliance with all relevant existing land

549 development regulations.

550 (c) If an applicant chooses to use the development

551 preapplication consultation services program, the municipality,

552 upon receipt of the proposed development application, shall

553 confirm receipt, verify completeness, and issue a written

554 notification to the applicant indicating that all required

555 information has been submitted, or specify in writing with

556 particularity any deficiencies within 5 business days. If the

557 application is deficient, the applicant has 30 days to address

558 the deficiencies by submitting the required information. If the

559 municipality fails to issue the written notification within 5

560 business days, the application is deemed complete by operation

561 of law without conditions, and the municipality must process the

562 application as required in paragraph (d).

563 (d)1. Upon receipt of the applicant's completed

564 application, the municipality must process the application for

565 final action and must approve, approve with conditions, or deny

566 the application within 45 days after submission of a complete

567 application, except the municipality may not review again those

568 plans specified in subparagraph (b)2.

569 2. If the municipality fails to take final action to

570 approve, approve with conditions, or deny the application within

571 the 45 days, the applicant shall notify the municipality in

572 writing. If the municipality fails to respond within 10 days,

573 the application is deemed approved by operation of law without

574 conditions, and the applicant is entitled to proceed with the

575 proposed activity or development as though the municipality had

576 granted unconditional approval. Approval pursuant to this

577 subparagraph may not be construed to relieve the applicant of

578 the obligation to comply with all other applicable federal,

579 state, and local laws, regulations, and ordinances.

580 (2) If an applicant for a development permit or

581 development order is not eligible, does not request, or elects

582 not to use the municipality's development preapplication

583 consulting services program pursuant to subsection (1), all of

584 the following requirements shall apply:

585 (a)(1) A municipality shall specify in writing the minimum

586 information that must be submitted for an application for a

587 zoning approval, rezoning approval, subdivision approval,

588 certification, special exception, or variance. A municipality

589 shall make the minimum information available for inspection and

590 copying at the location where the municipality receives

591 applications for development permits and orders, provide the

592 information to the applicant at a preapplication meeting, or

593 post the information on the municipality's website.

594 (b)1.(2) Within 5 business days after receiving an

595 application for approval of a development permit or development

596 order, a municipality shall confirm receipt of the application

597 using contact information provided by the applicant. Within 30

598 days after receiving an application for approval of a

599 development permit or development order, a municipality must

600 review the application for completeness and issue a written

601 notification to the applicant indicating that all required

602 information is submitted or specify in writing with

603 particularity any areas that are deficient. If the application

604 is deficient, the applicant has 30 days to address the

605 deficiencies by submitting the required additional information.

606 2. For applications that do not require final action

607 through a quasi-judicial hearing or a public hearing, the

608 municipality must approve, approve with conditions, or deny the

609 application for a development permit or development order within

610 120 days after the municipality has deemed the application

611 complete.

612 3. For applications that require final action through a

613 quasi-judicial hearing or a public hearing, the municipality

614 must approve, approve with conditions, or deny the application

615 for a development permit or development order within 180 days

616 after the municipality has deemed the application complete.

617 4. Both parties may agree in writing or in a public

618 meeting or hearing to an extension of time, particularly in the

619 event of a force majeure or other extraordinary circumstance. An

620 approval, approval with conditions, or denial of the application

621 for a development permit or development order must include

622 written findings supporting the municipality's decision.

624 The timeframes contained in this paragraph ~~subsection~~ do not

625 apply in an area of critical state concern, as designated in s.

626 380.0552 or chapter 28-36, Florida Administrative Code. The

627 timeframes contained in this paragraph ~~subsection~~ restart if an

628 applicant makes a substantive change to the application. As used

629 in this paragraph ~~subsection,~~ the term "substantive change"

630 means an applicant-initiated change of 15 percent or more in the

631 proposed density, intensity, or square footage of a parcel.

632 ~~(c)1.(3)(a)~~ When reviewing an application for a

633 development permit or development order that is certified by a

634 professional listed in s. 403.0877, a municipality may not

635 request additional information from the applicant more than

636 three times, unless the applicant waives the limitation in

637 writing.

638 ~~2.(b)~~ If a municipality makes a request for additional

639 information and the applicant submits the required additional

640 information within 30 days after receiving the request, the

641 municipality must review the application for completeness and

642 issue a letter indicating that all required information has been

643 submitted or specify with particularity any areas that are

644 deficient within 30 days after receiving the additional

645 information.

646 ~~3.(c)~~ If a municipality makes a second request for

647 additional information and the applicant submits the required

648 additional information within 30 days after receiving the

649 request, the municipality must review the application for

650 completeness and issue a letter indicating that all required

651 information has been submitted or specify with particularity any

652 areas that are deficient within 10 days after receiving the

653 additional information.

654 ~~4.(d)~~ Before a third request for additional information,

655 the applicant must be offered a meeting to attempt to resolve

656 outstanding issues. If a municipality makes a third request for

657 additional information and the applicant submits the required

658 additional information within 30 days after receiving the

659 request, the municipality must deem the application complete

660 within 10 days after receiving the additional information or

661 proceed to process the application for approval or denial unless

662 the applicant waived the municipality's limitation in writing as

663 described in paragraph (a).

664 ~~5.(e)~~ Except as provided in subsection (4) ~~subsection (7),~~

665 if the applicant believes the request for additional information

666 is not authorized by ordinance, rule, statute, or other legal

667 authority, the municipality, at the applicant's request, shall

668 proceed to process the application for approval or denial.

669 (d)(4) A municipality must issue a refund to an applicant

670 equal to:

671 ~~1.(a)~~ Ten percent of the application fee if the

672 municipality fails to issue written notification of completeness

673 or written specification of areas of deficiency within 30 days

674 after receiving the application.

675 ~~2.(b)~~ Ten percent of the application fee if the

676 municipality fails to issue written notification of completeness

677 or written specification of areas of deficiency within 30 days

678 after receiving the additional information pursuant to

679 subparagraph (c)2. ~~paragraph (3)(b).~~

680 ~~3.(c)~~ Twenty percent of the application fee if the

681 municipality fails to issue written notification of completeness

682 or written specification of areas of deficiency within 10 days

683 after receiving the additional information pursuant to

684 subparagraph (c)3. ~~paragraph (3)(c).~~

685 ~~4.(d)~~ Fifty percent of the application fee if the

686 municipality fails to approve, approves with conditions, or

687 denies the application within 30 days after conclusion of the

688 120-day timeframe specified in subparagraph (b)2. or the 180-day

689 timeframe specified in subparagraph (b)3. ~~subsection (2).~~

690 ~~5.(e)~~ One hundred percent of the application fee if the

691 municipality fails to approve, approves with conditions, or

692 denies an application 31 days or more after conclusion of the

693 120-day timeframe specified in subparagraph (b)2. or the 180-day

694 timeframe specified in subparagraph (b)3. ~~subsection (2).~~

696 A municipality is not required to issue a refund if the

697 applicant and the municipality agree to an extension of time,

698 the delay is caused by the applicant, or the delay is

699 attributable to a force majeure or other extraordinary

700 circumstance.

701 (e)(5) When a municipality denies an application for a

702 development permit or development order, the municipality shall

703 give written notice to the applicant. The notice must include a

704 citation to the applicable portions of an ordinance, rule,

705 statute, or other legal authority for the denial of the permit

706 or order.

707 (3)(6) As used in this section, the terms "development

708 permit" and "development order" have the same meaning as in s.

709 163.3164, but do not include building permits.

710 (4)(7) For any development permit application filed with

711 the municipality after July 1, 2012, a municipality may not

712 require as a condition of processing or issuing a development

713 permit or development order that an applicant obtain a permit or

714 approval from any state or federal agency unless the agency has

715 issued a final agency action that denies the federal or state

716 permit before the municipal action on the local development

717 permit.

718 (5)(8) Issuance of a development permit or development

719 order by a municipality does not create any right on the part of

720 an applicant to obtain a permit from a state or federal agency

721 and does not create any liability on the part of the

722 municipality for issuance of the permit if the applicant fails

723 to obtain requisite approvals or fulfill the obligations imposed

724 by a state or federal agency or undertakes actions that result

725 in a violation of state or federal law. A municipality shall

726 attach such a disclaimer to the issuance of development permits

727 and shall include a permit condition that all other applicable

728 state or federal permits be obtained before commencement of the

729 development.

730 (6)(9) This section does not prohibit a municipality from

731 providing information to an applicant regarding what other state

732 or federal permits may apply.

733 Section 4. Paragraphs (c) and (d) are added to subsection

734 (1) of section 177.071, Florida Statutes, to read:

735 177.071 Administrative approval of plats or replats by

736 designated county or municipal official.—

737 (1)

738 (c) A governing body and its designated administrative

739 authority shall use, upon the written request of the applicant,

740 the registry established in s. 163.3169 to supplement local

741 government staff resources in ways determined by the governing

742 body for processing and expediting the requirements of this

743 section.

744 (d) A local government may not create, establish, or apply

745 any additional local procedure or condition for the

746 administrative approval of a plat or replat under this section

747 which is inconsistent with this section or s. 177.091. If

748 infrastructure financial assurances are required as a condition

749 of plat or replat approval, the administrative authority

750 designated in paragraph (a) must receive and act upon the

751 proposed assurance. The local government shall accept commonly

752 used forms of financial assurance, including performance bonds,

753 letters of credit, and escrow agreements, provided that the

754 assurance is in a form reasonably acceptable to the local

755 government and issued by a financially responsible issuer

756 meeting objective, uniformly applied standards. Local government

757 review of such financial assurance shall be limited to verifying

758 that the amount, form, and issuer satisfy the requirements of s.

759 177.091(8) and (9) and the local government's uniformly applied

760 standards, and may not be used to unreasonably delay approval.

761 If the assurance is deficient, the local government must provide

762 written notice of deficiencies within 10 business days.

763 Section 5. Paragraph (a) of subsection (1), paragraphs (a)

764 and (b) of subsection (2), paragraph (a) of subsection (3),

765 subsection (4), paragraphs (b) and (c) of subsection (6), and

766 subsection (8) of section 177.073, Florida Statutes, are

767 amended, and paragraph (d) is added to subsection (2) of that

768 section, to read:

769 177.073 Expedited approval of residential building permits

770 before a final plat is recorded.—

771 (1) As used in this section, the term:

772 (a) "Applicant" means a homebuilder or developer who files

773 an application with the local governing body to identify the

774 percentage of planned homes, or the number of building permits,

775 that the local governing body must issue for a residential

776 subdivision or one or more phases in a multiphased planned

777 community, subdivision, or planned community.

778 (2)(a) By October 1, 2024, the governing body of a county

779 that has 75,000 residents or more and any governing body of a

780 municipality that has 10,000 residents or more and 25 acres or

781 more of contiguous land that the local government has designated

782 in the local government's comprehensive plan and future land use

783 map as land that is agricultural or to be developed for

784 residential purposes shall create a program to expedite the

785 process for issuing building permits for residential

786 subdivisions or one or more phases in a multiphased planned

787 community, subdivision, or planned communities in accordance

788 with the Florida Building Code and this section before a final

789 plat is recorded with the clerk of the circuit court. The

790 expedited process must include an application for an applicant

791 to identify the percentage of planned homes, not to exceed 50

792 percent of the residential subdivision or a planned community,

793 or the number of building permits that the governing body must

794 issue for the residential subdivision or planned community. The

795 application or the local government's final approval may not

796 alter or restrict the applicant from receiving the number of

797 building permits requested, so long as the request does not

798 exceed 50 percent of the planned homes of the residential

799 subdivision or planned community or the number of building

800 permits. This paragraph does not:

801 1. Restrict the governing body from issuing more than 50

802 percent of the building permits for the residential subdivision

803 or planned community.

804 2. Apply to a county subject to s. 380.0552.

805 (b) Subject to the requirements under paragraph (6)(b), a

806 governing body that had a program in place before July 1, 2023,

807 to expedite the building permit process, need only update its

808 ~~their~~ program to approve an applicant's written application to

809 issue up to 50 percent of the building permits for the

810 residential subdivision or planned community in order to comply

811 with this section. This paragraph does not restrict a governing

812 body from issuing more than 50 percent of the building permits

813 for the residential subdivision or planned community.

814 (d)1. If a governing body fails to adopt a program under

815 paragraph (a) or paragraph (c), or fails to update or modify an

816 existing program as required under paragraph (b), by the

817 applicable statutory deadline, the following will apply without

818 further action or approval by the governing body and

819 notwithstanding any conflicting local requirement:

820 a. The applicant has an unconditional, self-executing

821 right to use a qualified contractor of the applicant's choosing,

822 within the scope of the contractor's professional licensure and

823 as authorized under this section, to perform technical review

824 and certification necessary to support the issuance of up to 75

825 percent of the building permits for the residential subdivision

826 or planned community, including one or more phases thereof,

827 before the final plat is recorded, provided the qualified

828 contractor does not have a conflict of interest. For the

829 purposes of this paragraph, the term "conflict of interest" has

830 the same meaning as in s. 112.312.

831 b. The governing body, local building official, and any

832 local government staff may not condition, delay, limit,

833 restrict, obstruct, or deny the applicant's use of a qualified

834 contractor under this paragraph. This paragraph does not

835 prohibit a local government from applying neutral, generally

836 applicable requirements relating to procurement, contracting,

837 insurance, indemnification, conflict-of-interest review,

838 credential verification, recordkeeping, or public safety,

839 provided such requirements do not materially impair or frustrate

840 the applicant's ability to use a qualified contractor as

841 authorized by this paragraph. Any local requirement that

842 directly conflicts with this paragraph is preempted to the

843 extent of the conflict.

844 c. The qualified contractor may perform all technical

845 review services within the scope of his or her licensure and

846 qualifications which are necessary to obtain such building

847 permits as specifically authorized under this section, including

848 preparing, reviewing, and submitting permit applications and

849 supporting plans, specifications, and documents, and providing

850 signed and sealed documents when required by law. The local

851 building official must accept such submissions when prepared and

852 sealed by the qualified contractor as meeting any local

853 requirement that the submission be prepared or reviewed by local

854 government staff, and must review and issue the permits in

855 accordance with the Florida Building Code and applicable state

856 law. This paragraph does not limit the authority of the local

857 building official to review such submission by a qualified

858 contractor for compliance with the Florida Building Code and

859 applicable state law, to identify deficiencies, or to approve or

860 deny the permit in accordance with the law.

861 d. The governing body and the local building official may

862 not unreasonably require the applicant or the qualified

863 contractor to use a local government registry, rotation, or

864 shortlist, or any other selection or vetting process, which has

865 the effect of denying or materially delaying the applicant's use

866 of a qualified contractor under this section.

867 e. The unconditional right provided by this paragraph

868 becomes effective immediately upon the governing body's failure

869 to meet the applicable deadlines in paragraph (a) or paragraph

870 (c), continues in effect unless and until the governing body has

871 adopted or updated a program fully compliant with this section,

872 and may not be limited, impaired, or applied retroactively to

873 reduce the number or percentage of building permits the

874 applicant may obtain or is eligible to obtain under this

875 paragraph.

876 2. This paragraph may not be construed to limit or impair

877 the authority of the local building official to enforce the

878 Florida Building Code, the Florida Fire Prevention Code, or

879 other applicable state laws and local laws of general

880 application in reviewing and issuing building permits; however,

881 the governing body and the local building official may not

882 impose any additional local procedures, prerequisites, or

883 substantive standards on the applicant or the qualified

884 contractor which have the effect of conditioning, delaying,

885 restricting, or denying the use of a qualified contractor as

886 authorized by this paragraph.

887 (3) A governing body shall create:

888 (a) A two-step application process for the adoption of a

889 preliminary plat, and for stabilized access roads that can

890 support emergency vehicles, inclusive of any plans, in order to

891 expedite the issuance of building permits under this section.

892 The application must allow an applicant to identify the

893 percentage of planned homes or the number of building permits

894 that the governing body must issue for the residential

895 subdivision, or planned community, or one or more phases of a

896 multiphased planned community or subdivision.

897 (4)(a) An applicant may use a private provider or

898 qualified contractor in the same manner as provided in ~~pursuant~~

899 to s. 553.791 to expedite the application process for building

900 permits after a preliminary plat is approved under this section.

901 (b) A governing body shall, upon the written request of

902 the applicant, use the qualified contractor registry established

903 in s. 163.3169 ~~establish a registry of at least three qualified~~

904 ~~contractors whom the governing body may use~~ to supplement staff

905 resources in ways determined by the governing body for

906 processing and expediting the review of an application for a

907 preliminary plat or any plans related to such application. A

908 ~~qualified contractor on the registry who is hired pursuant to~~

909 ~~this section to review an application, or any part thereof, for~~

910 ~~a preliminary plat, or any part thereof, may not have a conflict~~

911 ~~of interest with the applicant. For purposes of this paragraph,~~

912 ~~the term "conflict of interest" has the same meaning as in s.~~

913 ~~112.312.~~

914 (6) The governing body must issue the number or percentage

915 of building permits requested by an applicant in accordance with

916 the Florida Building Code and this section, provided the

917 residential buildings or structures are unoccupied and all of

918 the following conditions are met:

919 (b) The applicant provides proof to the governing body

920 that the applicant has provided a copy of the approved

921 preliminary plat, along with the approved plans, to the relevant

922 electric, gas, water, and wastewater utilities. For purposes of

923 this paragraph, the term "approved plans" means plans approved

924 for design and permit review and does not include, and may not

925 be construed to require or imply, any certification,

926 attestation, or confirmation of the completion of construction

927 of any subdivision or planned community infrastructure, or

928 improvements depicted in, referenced by, or required under such

929 plans, except for the construction of the minimum access and

930 roadway improvements required by the Florida Fire Prevention

931 Code for fire department access and operations, such as a

932 stabilized roadway for emergency access. No other subdivision or

933 planned community infrastructure or improvements may be required

934 to be constructed as a condition of building permit issuance or

935 approval authorized under this section.

936 1. A local government may not condition, delay, withhold,

937 or deny the issuance of any building permit authorized under

938 this section on:

939 a. The actual completion, substantial completion, or

940 physical installation of any subdivision or planned community

941 infrastructure, or improvements identified in the approved

942 preliminary plat or approved plans;

943 b. The submission, acceptance, or approval of any

944 certification of completion or similar documentation, including,

945 but not limited to, certificates of completion or substantial

946 completion, engineer's or architect's certifications of

947 completion, as-built or record drawings, pressure or compaction

948 test results, utility acceptance letters, service availability

949 letters, or similar confirmations of finished construction or

950 readiness for service; or

951 c. Compliance with an environmental condition which is not

952 required by its land development regulations, a local government

953 comprehensive plan, a regulatory covenant or similar recorded

954 instrument, a decision or order by a local zoning board or other

955 quasi-judicial board, or by state law or federal law to obtain a

956 building permit.

957 2. This prohibition applies notwithstanding any ordinance,

958 resolution, policy, practice, permit condition, concurrency or

959 proportionate-share requirement, interlocal agreement, utility

960 policy or standard, or other local requirement to the contrary.

961 3. This paragraph may not be construed to prohibit a local

962 government from requiring documentation strictly necessary to

963 demonstrate compliance with the Florida Fire Prevention Code as

964 a condition of issuing building permits; however, such

965 documentation may not require the physical completion of the

966 subdivision or planned community infrastructure, or improvements

967 beyond what is expressly required to satisfy the Florida Fire

968 Prevention Code.

970 This paragraph may not be construed to relieve an applicant from

971 completing or installing any infrastructure or improvements as a

972 condition of issuance of a certificate of occupancy.

973 (c) The applicant holds a valid performance bond for up to

974 130 percent of the necessary improvements, as defined in s.

975 177.031(9), that have not been completed upon submission of the

976 application under this section. For purposes of a master planned

977 community as defined in s. 163.3202(5)(b), a valid performance

978 bond is required on a phase-by-phase basis. For purposes of this

979 section, a local government may waive the bond requirement in

980 this paragraph through its program or on a case-by-case basis

981 upon request of the applicant.

982 (8) For purposes of this section, an applicant has a

983 vested right in a preliminary plat that has been approved by a

984 governing body for the earlier of at least 5 years or if all of

985 the following conditions are met:

986 (a) The applicant relies in good faith on the approved

987 preliminary plat or any amendments thereto.

988 (b) The applicant incurs obligations and expenses,

989 commences construction of the residential subdivision or planned

990 community, and is continuing in good faith with the development

991 of the property.

992 Section 6. This act shall take effect July 1, 2026.