Florida Senate - 2025 CS for SB 1080
By the Committee on Rules; and Senator McClain
595-03655A-25 20251080c1
1 A bill to be entitled
2 An act relating to local government land regulation;
3 amending s. 125.022, F.S.; requiring counties to
4 specify minimum information necessary for certain
5 applications; revising timeframes for processing
6 applications for approval of development permits or
7 development orders; prohibiting counties from limiting
8 the number of quasi-judicial or public hearings held
9 each month in certain circumstances; defining the term
10 “substantive change”; providing refund parameters in
11 situations where the county fails to meet certain
12 timeframes; providing exceptions; amending s.
13 163.3162, F.S.; authorizing owners of certain parcels
14 to apply to the governing body of the local government
15 for certification of such parcels as agricultural
16 enclaves; requiring the local government to provide to
17 the applicant a certain report within a specified
18 timeframe; requiring the local government to hold a
19 public hearing within a specified timeframe to approve
20 or deny such certification; requiring the governing
21 body to issue certain decisions in writing;
22 authorizing an applicant to seek judicial review under
23 certain circumstances; authorizing the owner of a
24 parcel certified as an agricultural enclave to submit
25 certain development plans; requiring that certain
26 developments be treated as a conforming use;
27 prohibiting a local government from enacting or
28 enforcing certain laws or regulations; requiring a
29 local government to treat certain agricultural
30 enclaves as if they are within urban service
31 districts; requiring the local government and the
32 owner of a parcel certified as an agricultural enclave
33 to enter a certain written agreement; deleting
34 provisions relating to certain amendments to a local
35 government’s comprehensive plan; revising
36 construction; amending s. 163.3164, F.S.; revising the
37 definition of the term “agricultural enclave”;
38 providing for the future expiration and reversion of
39 specified provisions; amending s. 163.3180, F.S.;
40 prohibiting a school district from collecting,
41 charging, or imposing certain fees unless they meet
42 certain requirements; providing a standard of review
43 for actions challenging such fees; amending s.
44 163.31801, F.S.; revising the voting threshold
45 required for approval of certain impact fee increase
46 ordinances by local governments, school districts, and
47 special districts; requiring that certain impact fee
48 increases be implemented in specified increments;
49 prohibiting a local government from increasing an
50 impact fee rate beyond certain phase-in limitations
51 under certain circumstances; deleting retroactive
52 applicability; amending s. 163.3184, F.S.; revising
53 the expedited state review process for adoption of
54 comprehensive plan amendments; amending s. 166.033,
55 F.S.; requiring municipalities to specify minimum
56 information necessary for certain applications;
57 revising timeframes for processing applications for
58 approval of development permits or development orders;
59 prohibiting municipalities from limiting the number of
60 quasi-judicial or public hearings held each month in
61 certain circumstances; defining the term “substantive
62 change”; providing refund parameters in situations
63 where the municipality fails to meet certain
64 timeframes; providing exceptions; providing an
65 effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Section 125.022, Florida Statutes, is amended to
70 read:
71 125.022 Development permits and orders.—
72 (1) A county shall specify in writing the minimum
73 information that must be submitted in an application for a
74 zoning approval, rezoning approval, subdivision approval,
75 certification, special exception, or variance. A county shall
76 make the minimum information available for inspection and
77 copying at the location where the county receives applications
78 for development permits and orders, provide the information to
79 the applicant at a preapplication meeting, or post the
80 information on the county’s website.
81 (2) Within 5 business days after receiving an application
82 for approval of a development permit or development order, a
83 county shall confirm receipt of the application using contact
84 information provided by the applicant. Within 30 days after
85 receiving an application for approval of a development permit or
86 development order, a county must review the application for
87 completeness and issue a written notification to the applicant
88 letter indicating that all required information is submitted or
89 specify in writing specifying with particularity any areas that
90 are deficient. If the application is deficient, the applicant
91 has 30 days to address the deficiencies by submitting the
92 required additional information. For applications that do not
93 require final action through a quasi-judicial hearing or a
94 public hearing, the county must approve, approve with
95 conditions, or deny the application for a development permit or
96 development order within 120 days after the county has deemed
97 the application complete., or 180 days For applications that
98 require final action through a quasi-judicial hearing or a
99 public hearing, the county must approve, approve with
100 conditions, or deny the application for a development permit or
101 development order within 180 days after the county has deemed
102 the application complete. A county may not limit the number of
103 quasi-judicial hearings or public hearings held each month if
104 such limitation causes any delay in the consideration of an
105 application for approval of a development permit or development
106 order. Both parties may agree in writing to a reasonable request
107 for an extension of time, particularly in the event of a force
108 majeure or other extraordinary circumstance. An approval,
109 approval with conditions, or denial of the application for a
110 development permit or development order must include written
111 findings supporting the county’s decision. The timeframes
112 contained in this subsection do not apply in an area of critical
113 state concern, as designated in s. 380.0552. The timeframes
114 contained in this subsection restart if an applicant makes a
115 substantive change to the application. As used in this
116 subsection, the term “substantive change” means an applicant
117 initiated change of 15 percent or more in the proposed density,
118 intensity, or square footage of a parcel.
119 (3)(a)(2)(a) When reviewing an application for a
120 development permit or development order that is certified by a
121 professional listed in s. 403.0877, a county may not request
122 additional information from the applicant more than three times,
123 unless the applicant waives the limitation in writing.
124 (b) If a county makes a request for additional information
125 and the applicant submits the required additional information
126 within 30 days after receiving the request, the county must
127 review the application for completeness and issue a letter
128 indicating that all required information has been submitted or
129 specify with particularity any areas that are deficient within
130 30 days after receiving the additional information.
131 (c) If a county makes a second request for additional
132 information and the applicant submits the required additional
133 information within 30 days after receiving the request, the
134 county must review the application for completeness and issue a
135 letter indicating that all required information has been
136 submitted or specify with particularity any areas that are
137 deficient within 10 days after receiving the additional
138 information.
139 (d) Before a third request for additional information, the
140 applicant must be offered a meeting to attempt to resolve
141 outstanding issues. If a county makes a third request for
142 additional information and the applicant submits the required
143 additional information within 30 days after receiving the
144 request, the county must deem the application complete within 10
145 days after receiving the additional information or proceed to
146 process the application for approval or denial unless the
147 applicant waived the county’s limitation in writing as described
148 in paragraph (a).
149 (e) Except as provided in subsection (7) (5), if the
150 applicant believes the request for additional information is not
151 authorized by ordinance, rule, statute, or other legal
152 authority, the county, at the applicant’s request, shall proceed
153 to process the application for approval or denial.
154 (4) A county must issue a refund to an applicant equal to:
155 (a) Ten percent of the application fee if the county fails
156 to issue written notification of completeness or written
157 specification of areas of deficiency within 30 days after
158 receiving the application.
159 (b) Ten percent of the application fee if the county fails
160 to issue a written notification of completeness or written
161 specification of areas of deficiency within 30 days after
162 receiving the additional information pursuant to paragraph
163 (3)(b).
164 (c) Twenty percent of the application fee if the county
165 fails to issue a written notification of completeness or written
166 specification of areas of deficiency within 10 days after
167 receiving the additional information pursuant to paragraph
168 (3)(c).
169 (d) Fifty percent of the application fee if the county
170 fails to approve, approves with conditions, or denies the
171 application within 30 days after conclusion of the 120-day or
172 180-day timeframe specified in subsection (2).
173 (e) One hundred percent of the application fee if the
174 county fails to approve, approves with conditions, or denies an
175 application 31 days or more after conclusion of the 120-day or
176 180-day timeframe specified in subsection (2).
177
178 A county is not required to issue a refund if the applicant and
179 the county agree to an extension of time, the delay is caused by
180 the applicant, or the delay is attributable to a force majeure
181 or other extraordinary circumstance.
182 (5)(3) When a county denies an application for a
183 development permit or development order, the county shall give
184 written notice to the applicant. The notice must include a
185 citation to the applicable portions of an ordinance, rule,
186 statute, or other legal authority for the denial of the permit
187 or order.
188 (6)(4) As used in this section, the terms “development
189 permit” and “development order” have the same meaning as in s.
190 163.3164, but do not include building permits.
191 (7)(5) For any development permit application filed with
192 the county after July 1, 2012, a county may not require as a
193 condition of processing or issuing a development permit or
194 development order that an applicant obtain a permit or approval
195 from any state or federal agency unless the agency has issued a
196 final agency action that denies the federal or state permit
197 before the county action on the local development permit.
198 (8)(6) Issuance of a development permit or development
199 order by a county does not in any way create any rights on the
200 part of the applicant to obtain a permit from a state or federal
201 agency and does not create any liability on the part of the
202 county for issuance of the permit if the applicant fails to
203 obtain requisite approvals or fulfill the obligations imposed by
204 a state or federal agency or undertakes actions that result in a
205 violation of state or federal law. A county shall attach such a
206 disclaimer to the issuance of a development permit and shall
207 include a permit condition that all other applicable state or
208 federal permits be obtained before commencement of the
209 development.
210 (9)(7) This section does not prohibit a county from
211 providing information to an applicant regarding what other state
212 or federal permits may apply.
213 Section 2. Subsection (4) of section 163.3162, Florida
214 Statutes, is amended to read:
215 163.3162 Agricultural lands and practices.—
216 (4) PUBLIC HEARING PROCESS.—
217 (a) Notwithstanding any other law or local ordinance,
218 resolution, or regulation, the owner of a parcel of land may
219 apply to the governing body of the local government for
220 certification of the parcel as an agricultural enclave as
221 defined in s. 163.3164 if one or more adjacent parcels or an
222 adjacent development permits the same density as, or higher
223 density than, the proposed development.
224 (b) Within 30 days after the local government’s receipt of
225 such an application, the local government must provide to the
226 applicant a written report detailing the application’s
227 compliance with the requirements of this subsection.
228 (c) Within 30 days after the local government provides the
229 report required under paragraph (b), the local government must
230 hold a public hearing to approve or deny certification of the
231 parcel as an agricultural enclave. If the local government does
232 not approve or deny certification of the parcel as an
233 agricultural enclave within 90 days after receipt of the
234 application, the parcel must be certified as an agricultural
235 enclave.
236 (d) If the application is denied, the governing body of the
237 local government must issue its decision in writing with
238 detailed findings of fact and conclusions of law. The applicant
239 may seek review of the denial by filing a petition for writ of
240 certiorari in the circuit court within 30 days after the date
241 the local government renders its decision.
242 (e) If the application is approved, the owner of the parcel
243 certified as an agricultural enclave may submit development
244 plans for single-family residential housing which are consistent
245 with the land use requirements, or future land use designations,
246 including uses, density, and intensity, of one or more adjacent
247 parcels or an adjacent development. A development submitted
248 under this paragraph must be treated as a conforming use,
249 notwithstanding the local government’s comprehensive plan,
250 future land use designation, or zoning.
251 (f) A local government may not enact or enforce a law or
252 regulation for an agricultural enclave which is more burdensome
253 than for other types of applications for comparable uses or
254 densities. A local government must treat an agricultural enclave
255 that is adjacent to an urban service district as if it is within
256 the urban service district.
257 (g) Within 30 business days after the local government’s
258 receipt of development plans under paragraph (e), the local
259 government and the owner of the parcel certified as an
260 agricultural enclave must agree in writing to a process and
261 schedule for information submittal, analysis, and final
262 approval, which may be administrative in nature, of the
263 development plans. The local government may not require the
264 owner to agree to a process that is longer than 180 days in
265 duration or that includes further review of the plans in a
266 quasi-judicial process or public hearing AMENDMENT TO LOCAL
267 GOVERNMENT COMPREHENSIVE PLAN.—The owner of a parcel of land
268 defined as an agricultural enclave under s. 163.3164 may apply
269 for an amendment to the local government comprehensive plan
270 pursuant to s. 163.3184. Such amendment is presumed not to be
271 urban sprawl as defined in s. 163.3164 if it includes land uses
272 and intensities of use that are consistent with the uses and
273 intensities of use of the industrial, commercial, or residential
274 areas that surround the parcel. This presumption may be rebutted
275 by clear and convincing evidence. Each application for a
276 comprehensive plan amendment under this subsection for a parcel
277 larger than 640 acres must include appropriate new urbanism
278 concepts such as clustering, mixed-use development, the creation
279 of rural village and city centers, and the transfer of
280 development rights in order to discourage urban sprawl while
281 protecting landowner rights.
282 (a) The local government and the owner of a parcel of land
283 that is the subject of an application for an amendment shall
284 have 180 days following the date that the local government
285 receives a complete application to negotiate in good faith to
286 reach consensus on the land uses and intensities of use that are
287 consistent with the uses and intensities of use of the
288 industrial, commercial, or residential areas that surround the
289 parcel. Within 30 days after the local government’s receipt of
290 such an application, the local government and owner must agree
291 in writing to a schedule for information submittal, public
292 hearings, negotiations, and final action on the amendment, which
293 schedule may thereafter be altered only with the written consent
294 of the local government and the owner. Compliance with the
295 schedule in the written agreement constitutes good faith
296 negotiations for purposes of paragraph (c).
297 (b) Upon conclusion of good faith negotiations under
298 paragraph (a), regardless of whether the local government and
299 owner reach consensus on the land uses and intensities of use
300 that are consistent with the uses and intensities of use of the
301 industrial, commercial, or residential areas that surround the
302 parcel, the amendment must be transmitted to the state land
303 planning agency for review pursuant to s. 163.3184. If the local
304 government fails to transmit the amendment within 180 days after
305 receipt of a complete application, the amendment must be
306 immediately transferred to the state land planning agency for
307 such review. A plan amendment transmitted to the state land
308 planning agency submitted under this subsection is presumed not
309 to be urban sprawl as defined in s. 163.3164. This presumption
310 may be rebutted by clear and convincing evidence.
311 (c) If the owner fails to negotiate in good faith, a plan
312 amendment submitted under this subsection is not entitled to the
313 rebuttable presumption under this subsection in the negotiation
314 and amendment process.
315 (h)(d) Nothing within this subsection relating to
316 agricultural enclaves shall preempt or replace any protection
317 currently existing for any property located within the
318 boundaries of any of the following areas:
319 1. The Wekiva Study Area, as described in s. 369.316.; or
320 2. The Everglades Protection Area, as defined in s.
321 373.4592(2).
322 3. A military installation or range identified in s.
323 163.3175(2).
324 Section 3. Subsection (4) of section 163.3164, Florida
325 Statutes, is amended to read:
326 163.3164 Community Planning Act; definitions.—As used in
327 this act:
328 (4) “Agricultural enclave” means an unincorporated,
329 undeveloped parcel or parcels that as of January 1, 2025:
330 (a) Are Is owned or controlled by a single person or
331 entity;
332 (b) Have Has been in continuous use for bona fide
333 agricultural purposes, as defined by s. 193.461, for a period of
334 5 years before prior to the date of any comprehensive plan
335 amendment or development application;
336 (c)1. Are Is surrounded on at least 75 percent of their its
337 perimeter by:
338 a.1. A parcel or parcels Property that have has existing
339 industrial, commercial, or residential development; or
340 b.2. A parcel or parcels Property that the local government
341 has designated, in the local government’s comprehensive plan,
342 zoning map, and future land use map, as land that is to be
343 developed for industrial, commercial, or residential purposes,
344 and at least 75 percent of such parcel or parcels property is
345 existing industrial, commercial, or residential development;
346 2. Do not exceed 700 acres and are surrounded on at least
347 50 percent of their perimeter by a parcel or parcels that the
348 local government has designated on the local government’s future
349 land use map as land that is to be developed for industrial,
350 commercial, or residential purposes; and the parcel or parcels
351 are surrounded on at least 50 percent of their perimeter by a
352 parcel or parcels within an urban service district, area, or
353 line; or
354 3. Are located within the boundary of an established rural
355 study area adopted in the local government’s comprehensive plan
356 which was intended to be developed with residential uses and is
357 surrounded on at least 50 percent of its perimeter by a parcel
358 or parcels that the local government has designated on the local
359 government’s future land use plan as land that can be developed
360 for industrial, commercial, or residential purposes.
361 (d) Have Has public services, including water, wastewater,
362 transportation, schools, and recreation facilities, available or
363 such public services are scheduled in the capital improvement
364 element to be provided by the local government or can be
365 provided by an alternative provider of local government
366 infrastructure in order to ensure consistency with applicable
367 concurrency provisions of s. 163.3180, or the applicant offers
368 to enter into a binding agreement to pay for, construct, or
369 contribute land for its proportionate share of such
370 improvements; and
371 (e) Do Does not exceed 1,280 acres; however, if the parcel
372 or parcels are property is surrounded by existing or authorized
373 residential development that will result in a density at
374 buildout of at least 1,000 residents per square mile, then the
375 area must shall be determined to be urban and the parcel or
376 parcels may not exceed 4,480 acres; and
377 (f) Are located within a county with a population of 1.75
378 million or less. For purposes of this subsection, population
379 shall be determined in accordance with the most recent official
380 estimate pursuant to s. 186.901.
381
382 Where a right-of-way, body of water, or canal exists along the
383 perimeter of a parcel, the perimeter calculations of the
384 agricultural enclave must be based on the adjacent parcel or
385 parcels across the right-of-way, body of water, or canal.
386 Section 4. The amendments made by this act to ss.
387 163.3162(4) and 163.3164(4), Florida Statutes, shall expire
388 January 1, 2027, and the text of those subsections shall revert
389 to that in existence on September 30, 2025, except that any
390 amendments to such text enacted other than by this act shall be
391 preserved and continue to operate to the extent that such
392 amendments are not dependent upon the portions of text which
393 expire pursuant to this section.
394 Section 5. Present paragraph (j) of subsection (6) of
395 section 163.3180, Florida Statutes, is redesignated as paragraph
396 (k), and a new paragraph (j) is added to that subsection, to
397 read:
398 163.3180 Concurrency.—
399 (6)
400 (j) A school district may not collect, charge, or impose
401 any alternative fee in lieu of an impact fee to mitigate the
402 impact of development on educational facilities unless such fee
403 meets the requirements of s. 163.31801(4)(f) and (g). In any
404 action challenging a fee under this paragraph, the school
405 district has the burden of proving by a preponderance of the
406 evidence that the imposition and amount of the fee meet the
407 requirements of state legal precedent.
408 Section 6. Paragraphs (g) and (h) of subsection (6) of
409 section 163.31801, Florida Statutes, are amended to read:
410 163.31801 Impact fees; short title; intent; minimum
411 requirements; audits; challenges.—
412 (6) A local government, school district, or special
413 district may increase an impact fee only as provided in this
414 subsection.
415 (g)1. A local government, school district, or special
416 district may increase an impact fee rate beyond the phase-in
417 limitations established under paragraph (b), paragraph (c),
418 paragraph (d), or paragraph (e) by establishing the need for
419 such increase in full compliance with the requirements of
420 subsection (4), provided the following criteria are met:
421 a.1. A demonstrated-need study justifying any increase in
422 excess of those authorized in paragraph (b), paragraph (c),
423 paragraph (d), or paragraph (e) has been completed within the 12
424 months before the adoption of the impact fee increase and
425 expressly demonstrates the extraordinary circumstances
426 necessitating the need to exceed the phase-in limitations.
427 b.2. The local government jurisdiction has held at least
428 not less than two publicly noticed workshops dedicated to the
429 extraordinary circumstances necessitating the need to exceed the
430 phase-in limitations set forth in paragraph (b), paragraph (c),
431 paragraph (d), or paragraph (e).
432 c.3. The impact fee increase ordinance is approved by at
433 least a unanimous two-thirds vote of the governing body.
434 2. An impact fee increase approved under this paragraph
435 must be implemented in at least two but not more than four equal
436 annual increments beginning with the date on which the impact
437 fee increase ordinance is adopted.
438 3. A local government may not increase an impact fee rate
439 beyond the phase-in limitations under this paragraph if the
440 local government has not increased the impact fee within the
441 past 7 years. Any year in which the local government is
442 prohibited from increasing an impact fee because the
443 jurisdiction is in a hurricane disaster area is not included in
444 the 7-year period.
445 (h) This subsection operates retroactively to January 1,
446 2021.
447 Section 7. Paragraphs (b) and (c) of subsection (3) of
448 section 163.3184, Florida Statutes, are amended to read:
449 163.3184 Process for adoption of comprehensive plan or plan
450 amendment.—
451 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
452 COMPREHENSIVE PLAN AMENDMENTS.—
453 (b)1. If a plan amendment or amendments are adopted, the
454 local government, after the initial public hearing held pursuant
455 to subsection (11), shall transmit, within 10 working days after
456 the date of adoption, the amendment or amendments and
457 appropriate supporting data and analyses to the reviewing
458 agencies. The local governing body shall also transmit a copy of
459 the amendments and supporting data and analyses to any other
460 local government or governmental agency that has filed a written
461 request with the governing body.
462 2. The reviewing agencies and any other local government or
463 governmental agency specified in subparagraph 1. may provide
464 comments regarding the amendment or amendments to the local
465 government. State agencies shall only comment on important state
466 resources and facilities that will be adversely impacted by the
467 amendment if adopted. Comments provided by state agencies shall
468 state with specificity how the plan amendment will adversely
469 impact an important state resource or facility and shall
470 identify measures the local government may take to eliminate,
471 reduce, or mitigate the adverse impacts. Such comments, if not
472 resolved, may result in a challenge by the state land planning
473 agency to the plan amendment. Agencies and local governments
474 must transmit their comments to the affected local government
475 such that they are received by the local government not later
476 than 30 days after the date on which the agency or government
477 received the amendment or amendments. Reviewing agencies shall
478 also send a copy of their comments to the state land planning
479 agency.
480 3. Comments to the local government from a regional
481 planning council, county, or municipality shall be limited as
482 follows:
483 a. The regional planning council review and comments shall
484 be limited to adverse effects on regional resources or
485 facilities identified in the strategic regional policy plan and
486 extrajurisdictional impacts that would be inconsistent with the
487 comprehensive plan of any affected local government within the
488 region. A regional planning council may not review and comment
489 on a proposed comprehensive plan amendment prepared by such
490 council unless the plan amendment has been changed by the local
491 government subsequent to the preparation of the plan amendment
492 by the regional planning council.
493 b. County comments shall be in the context of the
494 relationship and effect of the proposed plan amendments on the
495 county plan.
496 c. Municipal comments shall be in the context of the
497 relationship and effect of the proposed plan amendments on the
498 municipal plan.
499 d. Military installation comments shall be provided in
500 accordance with s. 163.3175.
501 4. Comments to the local government from state agencies
502 shall be limited to the following subjects as they relate to
503 important state resources and facilities that will be adversely
504 impacted by the amendment if adopted:
505 a. The Department of Environmental Protection shall limit
506 its comments to the subjects of air and water pollution;
507 wetlands and other surface waters of the state; federal and
508 state-owned lands and interest in lands, including state parks,
509 greenways and trails, and conservation easements; solid waste;
510 water and wastewater treatment; and the Everglades ecosystem
511 restoration.
512 b. The Department of State shall limit its comments to the
513 subjects of historic and archaeological resources.
514 c. The Department of Transportation shall limit its
515 comments to issues within the agency’s jurisdiction as it
516 relates to transportation resources and facilities of state
517 importance.
518 d. The Fish and Wildlife Conservation Commission shall
519 limit its comments to subjects relating to fish and wildlife
520 habitat and listed species and their habitat.
521 e. The Department of Agriculture and Consumer Services
522 shall limit its comments to the subjects of agriculture,
523 forestry, and aquaculture issues.
524 f. The Department of Education shall limit its comments to
525 the subject of public school facilities.
526 g. The appropriate water management district shall limit
527 its comments to flood protection and floodplain management,
528 wetlands and other surface waters, and regional water supply.
529 h. The state land planning agency shall limit its comments
530 to important state resources and facilities outside the
531 jurisdiction of other commenting state agencies and may include
532 comments on countervailing planning policies and objectives
533 served by the plan amendment that should be balanced against
534 potential adverse impacts to important state resources and
535 facilities.
536 (c)1. The local government shall hold a second public
537 hearing, which shall be a hearing on whether to adopt one or
538 more comprehensive plan amendments pursuant to subsection (11).
539 If the local government fails, within 180 days after receipt of
540 agency comments, to hold the second public hearing, and to adopt
541 the comprehensive plan amendments, the amendments are deemed
542 withdrawn unless extended by agreement with notice to the state
543 land planning agency and any affected person that provided
544 comments on the amendment. The local government is in compliance
545 if the second public hearing is held within the 180-day period
546 following receipt of agency comments, even if the amendments are
547 approved at a subsequent hearing. The 180-day limitation does
548 not apply to amendments processed pursuant to s. 380.06.
549 2. All comprehensive plan amendments adopted by the
550 governing body, along with the supporting data and analysis,
551 shall be transmitted within 10 working days after the final
552 adoption hearing to the state land planning agency and any other
553 agency or local government that provided timely comments under
554 subparagraph (b)2. If the local government fails to transmit the
555 comprehensive plan amendments within 10 working days after the
556 final adoption hearing, the amendments are deemed withdrawn.
557 3. The state land planning agency shall notify the local
558 government of any deficiencies within 5 working days after
559 receipt of an amendment package. For purposes of completeness,
560 an amendment shall be deemed complete if it contains a full,
561 executed copy of:
562 a. The adoption ordinance or ordinances;
563 b. In the case of a text amendment, the amended language in
564 legislative format with new words inserted in the text
565 underlined, and words deleted stricken with hyphens;
566 c. In the case of a future land use map amendment, the
567 future land use map clearly depicting the parcel, its existing
568 future land use designation, and its adopted designation; and
569 d. Any data and analyses the local government deems
570 appropriate.
571 4. An amendment adopted under this paragraph does not
572 become effective until 31 days after the state land planning
573 agency notifies the local government that the plan amendment
574 package is complete. If timely challenged, an amendment does not
575 become effective until the state land planning agency or the
576 Administration Commission enters a final order determining the
577 adopted amendment to be in compliance.
578 Section 8. Section 166.033, Florida Statutes, is amended to
579 read:
580 166.033 Development permits and orders.—
581 (1) A municipality shall specify in writing the minimum
582 information that must be submitted for an application for a
583 zoning approval, rezoning approval, subdivision approval,
584 certification, special exception, or variance. A municipality
585 shall make the minimum information available for inspection and
586 copying at the location where the municipality receives
587 applications for development permits and orders, provide the
588 information to the applicant at a preapplication meeting, or
589 post the information on the municipality’s website.
590 (2) Within 5 business days after receiving an application
591 for approval of a development permit or development order, a
592 municipality shall confirm receipt of the application using
593 contact information provided by the applicant. Within 30 days
594 after receiving an application for approval of a development
595 permit or development order, a municipality must review the
596 application for completeness and issue a written notification to
597 the applicant letter indicating that all required information is
598 submitted or specify in writing specifying with particularity
599 any areas that are deficient. If the application is deficient,
600 the applicant has 30 days to address the deficiencies by
601 submitting the required additional information. For applications
602 that do not require final action through a quasi-judicial
603 hearing or a public hearing, the municipality must approve,
604 approve with conditions, or deny the application for a
605 development permit or development order within 120 days after
606 the municipality has deemed the application complete., or 180
607 days For applications that require final action through a quasi
608 judicial hearing or a public hearing, the municipality must
609 approve, approve with conditions, or deny the application for a
610 development permit or development order within 180 days after
611 the municipality has deemed the application complete. A
612 municipality may not limit the number of quasi-judicial hearings
613 or public hearings held each month if such limitation causes any
614 delay in the consideration of an application for approval of a
615 development permit or development order. Both parties may agree
616 in writing to a reasonable request for an extension of time,
617 particularly in the event of a force majeure or other
618 extraordinary circumstance. An approval, approval with
619 conditions, or denial of the application for a development
620 permit or development order must include written findings
621 supporting the municipality’s decision. The timeframes contained
622 in this subsection do not apply in an area of critical state
623 concern, as designated in s. 380.0552 or chapter 28-36, Florida
624 Administrative Code. The timeframes contained in this subsection
625 restart if an applicant makes a substantive change to the
626 application. As used in this subsection, the term “substantive
627 change” means an applicant-initiated change of 15 percent or
628 more in the proposed density, intensity, or square footage of a
629 parcel.
630 (3)(a)(2)(a) When reviewing an application for a
631 development permit or development order that is certified by a
632 professional listed in s. 403.0877, a municipality may not
633 request additional information from the applicant more than
634 three times, unless the applicant waives the limitation in
635 writing.
636 (b) If a municipality makes a request for additional
637 information and the applicant submits the required additional
638 information within 30 days after receiving the request, the
639 municipality must review the application for completeness and
640 issue a letter indicating that all required information has been
641 submitted or specify with particularity any areas that are
642 deficient within 30 days after receiving the additional
643 information.
644 (c) If a municipality makes a second request for additional
645 information and the applicant submits the required additional
646 information within 30 days after receiving the request, the
647 municipality must review the application for completeness and
648 issue a letter indicating that all required information has been
649 submitted or specify with particularity any areas that are
650 deficient within 10 days after receiving the additional
651 information.
652 (d) Before a third request for additional information, the
653 applicant must be offered a meeting to attempt to resolve
654 outstanding issues. If a municipality makes a third request for
655 additional information and the applicant submits the required
656 additional information within 30 days after receiving the
657 request, the municipality must deem the application complete
658 within 10 days after receiving the additional information or
659 proceed to process the application for approval or denial unless
660 the applicant waived the municipality’s limitation in writing as
661 described in paragraph (a).
662 (e) Except as provided in subsection (7) (5), if the
663 applicant believes the request for additional information is not
664 authorized by ordinance, rule, statute, or other legal
665 authority, the municipality, at the applicant’s request, shall
666 proceed to process the application for approval or denial.
667 (4) A municipality must issue a refund to an applicant
668 equal to:
669 (a) Ten percent of the application fee if the municipality
670 fails to issue written notification of completeness or written
671 specification of areas of deficiency within 30 days after
672 receiving the application.
673 (b) Ten percent of the application fee if the municipality
674 fails to issue written notification of completeness or written
675 specification of areas of deficiency within 30 days after
676 receiving the additional information pursuant to paragraph
677 (3)(b).
678 (c) Twenty percent of the application fee if the
679 municipality fails to issue written notification of completeness
680 or written specification of areas of deficiency within 10 days
681 after receiving the additional information pursuant to paragraph
682 (3)(c).
683 (d) Fifty percent of the application fee if the
684 municipality fails to approve, approves with conditions, or
685 denies the application within 30 days after conclusion of the
686 120-day or 180-day timeframe specified in subsection (2).
687 (e) One hundred percent of the application fee if the
688 municipality fails to approve, approves with conditions, or
689 denies an application 31 days or more after conclusion of the
690 120-day or 180-day timeframe specified in subsection (2).
691
692 A municipality is not required to issue a refund if the
693 applicant and the municipality agree to an extension of time,
694 the delay is caused by the applicant, or the delay is
695 attributable to a force majeure or other extraordinary
696 circumstance.
697 (5)(3) When a municipality denies an application for a
698 development permit or development order, the municipality shall
699 give written notice to the applicant. The notice must include a
700 citation to the applicable portions of an ordinance, rule,
701 statute, or other legal authority for the denial of the permit
702 or order.
703 (6)(4) As used in this section, the terms “development
704 permit” and “development order” have the same meaning as in s.
705 163.3164, but do not include building permits.
706 (7)(5) For any development permit application filed with
707 the municipality after July 1, 2012, a municipality may not
708 require as a condition of processing or issuing a development
709 permit or development order that an applicant obtain a permit or
710 approval from any state or federal agency unless the agency has
711 issued a final agency action that denies the federal or state
712 permit before the municipal action on the local development
713 permit.
714 (8)(6) Issuance of a development permit or development
715 order by a municipality does not create any right on the part of
716 an applicant to obtain a permit from a state or federal agency
717 and does not create any liability on the part of the
718 municipality for issuance of the permit if the applicant fails
719 to obtain requisite approvals or fulfill the obligations imposed
720 by a state or federal agency or undertakes actions that result
721 in a violation of state or federal law. A municipality shall
722 attach such a disclaimer to the issuance of development permits
723 and shall include a permit condition that all other applicable
724 state or federal permits be obtained before commencement of the
725 development.
726 (9)(7) This section does not prohibit a municipality from
727 providing information to an applicant regarding what other state
728 or federal permits may apply.
729 Section 9. This act shall take effect October 1, 2025.