Florida Senate - 2024 CS for CS for CS for SB 812
By the Committees on Rules; Regulated Industries; and Community
Affairs; and Senator Ingoglia
595-03342-24 2024812c3
1 A bill to be entitled
2 An act relating to expedited approval of residential
3 building permits; creating s. 177.073, F.S.; providing
4 definitions; requiring certain governing bodies, by a
5 date certain, to each create a program to expedite the
6 process for issuing residential building permits
7 before a final plat is recorded; requiring the
8 expedited process to include a certain application;
9 prohibiting the application or local government final
10 approval from altering or restricting the number of
11 building permits requested under certain
12 circumstances; requiring certain governing bodies to
13 update their program in a specified manner; providing
14 applicability; requiring a governing body to create
15 certain processes for purposes of the program;
16 authorizing applicants to use a private provider to
17 expedite the process for certain building permits;
18 requiring a governing body to establish a registry of
19 qualified contractors for a specified purpose;
20 prohibiting such qualified contractors hired to review
21 an application from having a conflict of interest with
22 the applicant; defining the term “conflict of
23 interest”; authorizing a governing body to issue
24 addresses and temporary parcel identification numbers
25 for specified purposes; requiring a governing body to
26 issue a specified number or percentage of building
27 permits requested in an application when certain
28 conditions are met; setting forth certain conditions
29 for applicants who apply to the program; providing
30 that an applicant has a vested right in an approved
31 preliminary plat when certain conditions are met;
32 prohibiting a governing body from making substantive
33 changes to a preliminary plat without written consent;
34 requiring an applicant to indemnify and hold harmless
35 certain entities and persons; providing an exception;
36 providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 177.073, Florida Statutes, is created to
41 read:
42 177.073 Expedited approval of residential building permits
43 before a final plat is recorded.—
44 (1) As used in this section, the term:
45 (a) “Applicant” means a homebuilder or developer who files
46 an application with the local governing body to identify the
47 percentage of planned homes, or the number of building permits,
48 that the local governing body must issue for a residential
49 subdivision or planned community.
50 (b) “Final plat” means the final tracing, map, or site plan
51 presented by the subdivider to a governing body for final
52 approval, and, upon approval by the appropriate governing body,
53 is submitted to the clerk of the circuit court for recording.
54 (c) “Local building official” has the same meaning as in s.
55 553.791(1).
56 (d) “Plans” means any building plans, construction plans,
57 engineering plans, or site plans, or their functional
58 equivalent, submitted by an applicant for a building permit.
59 (e) “Preliminary plat” means a map or delineated
60 representation of the subdivision of lands that is a complete
61 and exact representation of the residential subdivision or
62 planned community and contains any additional information needed
63 to be in compliance with the requirements of this chapter.
64 (f) “Qualified contractor” includes, but is not limited to,
65 an engineer or engineering firm licensed under chapter 471; a
66 surveyor or mapper or a surveyor’s or mapper’s firm licensed
67 under chapter 472; an architect or architecture firm licensed
68 under part I of chapter 481; a landscape architect or landscape
69 architecture firm registered under part II of chapter 481; or
70 any other qualified professional who is certified in urban
71 planning or environmental management.
72 (2)(a) By October 1, 2024, the governing body of a county
73 that has 75,000 residents or more and any governing body of a
74 municipality that has 25 acres or more of contiguous land that
75 the local government has designated in the local government’s
76 comprehensive plan and future land use map as land that is
77 agricultural or to be developed for residential purposes shall
78 create a program to expedite the process for issuing building
79 permits for residential subdivisions or planned communities in
80 accordance with the Florida Building Code and this section
81 before a final plat is recorded with the clerk of the circuit
82 court. The expedited process must include an application for an
83 applicant to identify the percentage of planned homes, not to
84 exceed 50 percent of the residential subdivision or planned
85 community, or the number of building permits that the governing
86 body must issue for the residential subdivision or planned
87 community. The application or the local government’s final
88 approval may not alter or restrict the applicant from receiving
89 the number of building permits requested, so long as the request
90 does not exceed 50 percent of the planned homes of the
91 residential subdivision or planned community or the number of
92 building permits. This paragraph does not:
93 1. Restrict the governing body from issuing more than 50
94 percent of the building permits for the residential subdivision
95 or planned community.
96 2. Apply to a county subject to s. 380.0552.
97 (b) A governing body that had a program in place before
98 July 1, 2023, to expedite the building permit process, need only
99 update their program to approve an applicant’s written
100 application to issue up to 50 percent of the building permits
101 for the residential subdivision or planned community in order to
102 comply with this section. This paragraph does not restrict a
103 governing body from issuing more than 50 percent of the building
104 permits for the residential subdivision or planned community.
105 (c) By December 31, 2027, the governing body of a county
106 that has 75,000 residents or more and any governing body of a
107 municipality that has 25 acres or more of contiguous land that
108 the local government has designated in the local government’s
109 comprehensive plan and future land use map as land that is
110 agricultural or to be developed for residential purposes shall
111 update their programs to expedite the process for issuing
112 building permits for residential subdivisions or planned
113 communities in accordance with the Florida Building Code and
114 this section before a final plat is recorded with the clerk of
115 the circuit court. The expedited process must include an
116 application for an applicant to identify the percentage of
117 planned homes, not to exceed 75 percent of the residential
118 subdivision or planned community, or the number of building
119 permits that the governing body must issue for the residential
120 subdivision or planned community. This paragraph does not:
121 1. Restrict the governing body from issuing more than 75
122 percent of the building permits for the residential subdivision
123 or planned community.
124 2. Apply to a county subject to s. 380.0552.
125 (3) A governing body shall create:
126 (a) A two-step application process for the adoption of a
127 preliminary plat, inclusive of any plans, in order to expedite
128 the issuance of building permits under this section. The
129 application must allow an applicant to identify the percentage
130 of planned homes or the number of building permits that the
131 governing body must issue for the residential subdivision or
132 planned community.
133 (b) A master building permit process consistent with s.
134 553.794 for applicants seeking multiple building permits for
135 residential subdivisions or planned communities. For purposes of
136 this paragraph, a master building permit is valid for 3
137 consecutive years after its issuance or until the adoption of a
138 new Florida Building Code, whichever is earlier. After a new
139 Florida Building Code is adopted, the applicant may apply for a
140 new master building permit, which, upon approval, is valid for 3
141 consecutive years.
142 (4)(a) An applicant may use a private provider pursuant to
143 s. 553.791 to expedite the application process for building
144 permits after a preliminary plat is approved under this section.
145 (b) A governing body shall establish a registry of at least
146 three qualified contractors whom the governing body may use to
147 supplement staff resources in ways determined by the governing
148 body for processing and expediting the review of an application
149 for a preliminary plat or any plans related to such application.
150 A qualified contractor on the registry who is hired pursuant to
151 this section to review an application, or any part thereof, for
152 a preliminary plat, or any part thereof, may not have a conflict
153 of interest with the applicant. For purposes of this paragraph,
154 the term “conflict of interest” has the same meaning as in s.
155 112.312.
156 (5) A governing body may work with appropriate local
157 government agencies to issue an address and a temporary parcel
158 identification number for lot lines and lot sizes based on the
159 metes and bounds of the plat contained in the application.
160 (6) The governing body must issue the number or percentage
161 of building permits requested by an applicant in accordance with
162 the Florida Building Code and this section, provided the
163 residential buildings or structures are unoccupied and all of
164 the following conditions are met:
165 (a) The governing body has approved a preliminary plat for
166 each residential subdivision or planned community.
167 (b) The applicant provides proof to the governing body that
168 the applicant has provided a copy of the approved preliminary
169 plat, along with the approved plans, to the relevant electric,
170 gas, water, and wastewater utilities.
171 (c) The applicant holds a valid performance bond for up to
172 130 percent of the necessary improvements, as defined in s.
173 177.031(9), that have not been completed upon submission of the
174 application under this section. For purposes of a master planned
175 community as defined in s. 163.3202(5)(b), a valid performance
176 bond is required on a phase-by-phase basis.
177 (7)(a) An applicant may contract to sell, but may not
178 transfer ownership of, a residential structure or building
179 located in the residential subdivision or planned community
180 until the final plat is approved by the governing body and
181 recorded in the public records by the clerk of the circuit
182 court.
183 (b) An applicant may not obtain a temporary or final
184 certificate of occupancy for each residential structure or
185 building for which a building permit is issued until the final
186 plat is approved by the governing body and recorded in the
187 public records by the clerk of the circuit court.
188 (8) For purposes of this section, an applicant has a vested
189 right in a preliminary plat that has been approved by a
190 governing body if all of the following conditions are met:
191 (a) The applicant relies in good faith on the approved
192 preliminary plat or any amendments thereto.
193 (b) The applicant incurs obligations and expenses,
194 commences construction of the residential subdivision or planned
195 community, and is continuing in good faith with the development
196 of the property.
197 (9) Upon the establishment of an applicant’s vested rights
198 in accordance with subsection (8), a governing body may not make
199 substantive changes to the preliminary plat without the
200 applicant’s written consent.
201 (10) An applicant must indemnify and hold harmless the
202 local government, its governing body, its employees, and its
203 agents from liability or damages resulting from the issuance of
204 a building permit or the construction, reconstruction, or
205 improvement or repair of a residential building or structure,
206 including any associated utilities, located in the residential
207 subdivision or planned community. Additionally, an applicant
208 must indemnify and hold harmless the local government, its
209 governing body, its employees, and its agents from liability or
210 disputes resulting from the issuance of a certificate of
211 occupancy for a residential building or structure that is
212 constructed, reconstructed, improved, or repaired before the
213 approval and recordation of the final plat of the qualified
214 project. This indemnification includes, but is not limited to,
215 any liability and damage resulting from wind, fire, flood,
216 construction defects, bodily injury, and any actions, issues, or
217 disputes arising out of a contract or other agreement between
218 the developer and a utility operating in the residential
219 subdivision or planned community. However, this indemnification
220 does not extend to governmental actions that infringe on the
221 applicant’s vested rights.
222 Section 2. This act shall take effect upon becoming a law.