CS for SB 1080 Second Engrossed
20251080e2
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; defining the term “substantive
8 change”; providing refund parameters in situations
9 where the county fails to meet certain timeframes;
10 providing exceptions; amending s. 163.3180, F.S.;
11 prohibiting a school district from collecting,
12 charging, or imposing certain fees unless they meet
13 certain requirements; providing a standard of review
14 for actions challenging such fees; amending s. 553.80,
15 F.S.; specifying certain purposes for which local
16 governments may use certain fees to carry out
17 activities relating to obtaining or finalizing a
18 building permit; amending s. 163.31801, F.S.; revising
19 the voting threshold required for approval of certain
20 impact fee increase ordinances by local governments,
21 school districts, and special districts; requiring
22 that certain impact fee increases be implemented in
23 specified increments; prohibiting a local government
24 from increasing an impact fee rate beyond certain
25 phase-in limitations under certain circumstances;
26 deleting retroactive applicability; amending s.
27 163.3184, F.S.; providing that if comprehensive plan
28 amendments are not adopted at a specified hearing,
29 such amendments must be formally adopted within a
30 certain time period or they are deemed withdrawn;
31 increasing the time period within which comprehensive
32 plan amendments must be transmitted; amending s.
33 166.033, F.S.; requiring municipalities to specify
34 minimum information necessary for certain
35 applications; revising timeframes for processing
36 applications for approval of development permits or
37 development orders; defining the term “substantive
38 change”; providing refund parameters in situations
39 where the municipality fails to meet certain
40 timeframes; providing exceptions; providing effective
41 dates.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Section 125.022, Florida Statutes, is amended to
46 read:
47 125.022 Development permits and orders.—
48 (1) A county shall specify in writing the minimum
49 information that must be submitted in an application for a
50 zoning approval, rezoning approval, subdivision approval,
51 certification, special exception, or variance. A county shall
52 make the minimum information available for inspection and
53 copying at the location where the county receives applications
54 for development permits and orders, provide the information to
55 the applicant at a preapplication meeting, or post the
56 information on the county’s website.
57 (2) Within 5 business days after receiving an application
58 for approval of a development permit or development order, a
59 county shall confirm receipt of the application using contact
60 information provided by the applicant. Within 30 days after
61 receiving an application for approval of a development permit or
62 development order, a county must review the application for
63 completeness and issue a written notification to the applicant
64 letter indicating that all required information is submitted or
65 specify in writing specifying with particularity any areas that
66 are deficient. If the application is deficient, the applicant
67 has 30 days to address the deficiencies by submitting the
68 required additional information. For applications that do not
69 require final action through a quasi-judicial hearing or a
70 public hearing, the county must approve, approve with
71 conditions, or deny the application for a development permit or
72 development order within 120 days after the county has deemed
73 the application complete., or 180 days For applications that
74 require final action through a quasi-judicial hearing or a
75 public hearing, the county must approve, approve with
76 conditions, or deny the application for a development permit or
77 development order within 180 days after the county has deemed
78 the application complete. Both parties may agree in writing or
79 in a public meeting or hearing to a reasonable request for an
80 extension of time, particularly in the event of a force majeure
81 or other extraordinary circumstance. An approval, approval with
82 conditions, or denial of the application for a development
83 permit or development order must include written findings
84 supporting the county’s decision. The timeframes contained in
85 this subsection do not apply in an area of critical state
86 concern, as designated in s. 380.0552. The timeframes contained
87 in this subsection restart if an applicant makes a substantive
88 change to the application. As used in this subsection, the term
89 “substantive change” means an applicant-initiated change of 15
90 percent or more in the proposed density, intensity, or square
91 footage of a parcel.
92 (3)(a)(2)(a) When reviewing an application for a
93 development permit or development order that is certified by a
94 professional listed in s. 403.0877, a county may not request
95 additional information from the applicant more than three times,
96 unless the applicant waives the limitation in writing.
97 (b) If a county makes a request for additional information
98 and the applicant submits the required additional information
99 within 30 days after receiving the request, the county must
100 review the application for completeness and issue a letter
101 indicating that all required information has been submitted or
102 specify with particularity any areas that are deficient within
103 30 days after receiving the additional information.
104 (c) If a county makes a second request for additional
105 information and the applicant submits the required additional
106 information within 30 days after receiving the request, the
107 county must review the application for completeness and issue a
108 letter indicating that all required information has been
109 submitted or specify with particularity any areas that are
110 deficient within 10 days after receiving the additional
111 information.
112 (d) Before a third request for additional information, the
113 applicant must be offered a meeting to attempt to resolve
114 outstanding issues. If a county makes a third request for
115 additional information and the applicant submits the required
116 additional information within 30 days after receiving the
117 request, the county must deem the application complete within 10
118 days after receiving the additional information or proceed to
119 process the application for approval or denial unless the
120 applicant waived the county’s limitation in writing as described
121 in paragraph (a).
122 (e) Except as provided in subsection (7) (5), if the
123 applicant believes the request for additional information is not
124 authorized by ordinance, rule, statute, or other legal
125 authority, the county, at the applicant’s request, shall proceed
126 to process the application for approval or denial.
127 (4) A county must issue a refund to an applicant equal to:
128 (a) Ten percent of the application fee if the county fails
129 to issue written notification of completeness or written
130 specification of areas of deficiency within 30 days after
131 receiving the application.
132 (b) Ten percent of the application fee if the county fails
133 to issue a written notification of completeness or written
134 specification of areas of deficiency within 30 days after
135 receiving the additional information pursuant to paragraph
136 (3)(b).
137 (c) Twenty percent of the application fee if the county
138 fails to issue a written notification of completeness or written
139 specification of areas of deficiency within 10 days after
140 receiving the additional information pursuant to paragraph
141 (3)(c).
142 (d) Fifty percent of the application fee if the county
143 fails to approve, approves with conditions, or denies the
144 application within 30 days after conclusion of the 120-day or
145 180-day timeframe specified in subsection (2).
146 (e) One hundred percent of the application fee if the
147 county fails to approve, approves with conditions, or denies an
148 application 31 days or more after conclusion of the 120-day or
149 180-day timeframe specified in subsection (2).
150
151 A county is not required to issue a refund if the applicant and
152 the county agree to an extension of time, the delay is caused by
153 the applicant, or the delay is attributable to a force majeure
154 or other extraordinary circumstance.
155 (5)(3) When a county denies an application for a
156 development permit or development order, the county shall give
157 written notice to the applicant. The notice must include a
158 citation to the applicable portions of an ordinance, rule,
159 statute, or other legal authority for the denial of the permit
160 or order.
161 (6)(4) As used in this section, the terms “development
162 permit” and “development order” have the same meaning as in s.
163 163.3164, but do not include building permits.
164 (7)(5) For any development permit application filed with
165 the county after July 1, 2012, a county may not require as a
166 condition of processing or issuing a development permit or
167 development order that an applicant obtain a permit or approval
168 from any state or federal agency unless the agency has issued a
169 final agency action that denies the federal or state permit
170 before the county action on the local development permit.
171 (8)(6) Issuance of a development permit or development
172 order by a county does not in any way create any rights on the
173 part of the applicant to obtain a permit from a state or federal
174 agency and does not create any liability on the part of the
175 county for issuance of the permit if the applicant fails to
176 obtain requisite approvals or fulfill the obligations imposed by
177 a state or federal agency or undertakes actions that result in a
178 violation of state or federal law. A county shall attach such a
179 disclaimer to the issuance of a development permit and shall
180 include a permit condition that all other applicable state or
181 federal permits be obtained before commencement of the
182 development.
183 (9)(7) This section does not prohibit a county from
184 providing information to an applicant regarding what other state
185 or federal permits may apply.
186 Section 2. Present paragraph (j) of subsection (6) of
187 section 163.3180, Florida Statutes, is redesignated as paragraph
188 (k), and a new paragraph (j) is added to that subsection, to
189 read:
190 163.3180 Concurrency.—
191 (6)
192 (j) A school district may not collect, charge, or impose
193 any alternative fee in lieu of an impact fee to mitigate the
194 impact of development on educational facilities unless such fee
195 meets the requirements of s. 163.31801(4)(f) and (g). In any
196 action challenging a fee under this paragraph, the school
197 district has the burden of proving by a preponderance of the
198 evidence that the imposition and amount of the fee meet the
199 requirements of state legal precedent.
200 Section 3. Paragraph (a) of subsection (7) of section
201 553.80, Florida Statutes, is amended to read:
202 553.80 Enforcement.—
203 (7)(a) The governing bodies of local governments may
204 provide a schedule of reasonable fees, as authorized by s.
205 125.56(2) or s. 166.222 and this section, for enforcing this
206 part. These fees, and any fines or investment earnings related
207 to the fees, may only be used for carrying out the local
208 government’s responsibilities in enforcing the Florida Building
209 Code, including, but not limited to, any process or enforcement
210 related to obtaining or finalizing a building permit. When
211 providing a schedule of reasonable fees, the total estimated
212 annual revenue derived from fees, and the fines and investment
213 earnings related to the fees, may not exceed the total estimated
214 annual costs of allowable activities. Any unexpended balances
215 must be carried forward to future years for allowable activities
216 or must be refunded at the discretion of the local government. A
217 local government may not carry forward an amount exceeding the
218 average of its operating budget for enforcing the Florida
219 Building Code for the previous 4 fiscal years. For purposes of
220 this subsection, the term “operating budget” does not include
221 reserve amounts. Any amount exceeding this limit must be used as
222 authorized in subparagraph 2. However, a local government that
223 established, as of January 1, 2019, a Building Inspections Fund
224 Advisory Board consisting of five members from the construction
225 stakeholder community and carries an unexpended balance in
226 excess of the average of its operating budget for the previous 4
227 fiscal years may continue to carry such excess funds forward
228 upon the recommendation of the advisory board. The basis for a
229 fee structure for allowable activities must relate to the level
230 of service provided by the local government and must include
231 consideration for refunding fees due to reduced services based
232 on services provided as prescribed by s. 553.791, but not
233 provided by the local government. Fees charged must be
234 consistently applied.
235 1. As used in this subsection, the phrase “enforcing the
236 Florida Building Code” includes the direct costs and reasonable
237 indirect costs associated with review of building plans,
238 building inspections, reinspections, and building permit
239 processing; building code enforcement; and fire inspections
240 associated with new construction. The phrase may also include
241 training costs associated with the enforcement of the Florida
242 Building Code and enforcement action pertaining to unlicensed
243 contractor activity to the extent not funded by other user fees.
244 2. A local government must use any excess funds that it is
245 prohibited from carrying forward to rebate and reduce fees, to
246 upgrade technology hardware and software systems to enhance
247 service delivery, to pay for the construction of a building or
248 structure that houses a local government’s building code
249 enforcement agency, or for training programs for building
250 officials, inspectors, or plans examiners associated with the
251 enforcement of the Florida Building Code. Excess funds used to
252 construct such a building or structure must be designated for
253 such purpose by the local government and may not be carried
254 forward for more than 4 consecutive years. An owner or builder
255 who has a valid building permit issued by a local government for
256 a fee, or an association of owners or builders located in the
257 state that has members with valid building permits issued by a
258 local government for a fee, may bring a civil action against the
259 local government that issued the permit for a fee to enforce
260 this subparagraph.
261 3. The following activities may not be funded with fees
262 adopted for enforcing the Florida Building Code:
263 a. Planning and zoning or other general government
264 activities not related to obtaining a building permit.
265 b. Inspections of public buildings for a reduced fee or no
266 fee.
267 c. Public information requests, community functions,
268 boards, and any program not directly related to enforcement of
269 the Florida Building Code.
270 d. Enforcement and implementation of any other local
271 ordinance, excluding validly adopted local amendments to the
272 Florida Building Code and excluding any local ordinance directly
273 related to enforcing the Florida Building Code as defined in
274 subparagraph 1.
275 4. A local government must use recognized management,
276 accounting, and oversight practices to ensure that fees, fines,
277 and investment earnings generated under this subsection are
278 maintained and allocated or used solely for the purposes
279 described in subparagraph 1.
280 5. The local enforcement agency, independent district, or
281 special district may not require at any time, including at the
282 time of application for a permit, the payment of any additional
283 fees, charges, or expenses associated with:
284 a. Providing proof of licensure under chapter 489;
285 b. Recording or filing a license issued under this chapter;
286 c. Providing, recording, or filing evidence of workers’
287 compensation insurance coverage as required by chapter 440; or
288 d. Charging surcharges or other similar fees not directly
289 related to enforcing the Florida Building Code.
290 Section 4. Effective January 1, 2026, paragraphs (g) and
291 (h) of subsection (6) of section 163.31801, Florida Statutes,
292 are amended to read:
293 163.31801 Impact fees; short title; intent; minimum
294 requirements; audits; challenges.—
295 (6) A local government, school district, or special
296 district may increase an impact fee only as provided in this
297 subsection.
298 (g)1. A local government, school district, or special
299 district may increase an impact fee rate beyond the phase-in
300 limitations established under paragraph (b), paragraph (c),
301 paragraph (d), or paragraph (e) by establishing the need for
302 such increase in full compliance with the requirements of
303 subsection (4), provided the following criteria are met:
304 a.1. A demonstrated-need study justifying any increase in
305 excess of those authorized in paragraph (b), paragraph (c),
306 paragraph (d), or paragraph (e) has been completed within the 12
307 months before the adoption of the impact fee increase and
308 expressly demonstrates the extraordinary circumstances
309 necessitating the need to exceed the phase-in limitations.
310 b.2. The local government jurisdiction has held at least
311 not less than two publicly noticed workshops dedicated to the
312 extraordinary circumstances necessitating the need to exceed the
313 phase-in limitations set forth in paragraph (b), paragraph (c),
314 paragraph (d), or paragraph (e).
315 c.3. The impact fee increase ordinance is approved by at
316 least a unanimous two-thirds vote of the governing body.
317 2. An impact fee increase approved under this paragraph
318 must be implemented in at least two but not more than four equal
319 annual increments beginning with the date on which the impact
320 fee increase ordinance is adopted.
321 3. A local government may not increase an impact fee rate
322 beyond the phase-in limitations under this paragraph if the
323 local government has not increased the impact fee within the
324 past 5 years. Any year in which the local government is
325 prohibited from increasing an impact fee because the
326 jurisdiction is in a hurricane disaster area is not included in
327 the 5-year period.
328 (h) This subsection operates retroactively to January 1,
329 2021.
330 Section 5. Paragraphs (b) and (c) of subsection (3) of
331 section 163.3184, Florida Statutes, are amended to read:
332 163.3184 Process for adoption of comprehensive plan or plan
333 amendment.—
334 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
335 COMPREHENSIVE PLAN AMENDMENTS.—
336 (b)1. If a plan amendment or amendments are adopted, the
337 local government, after the initial public hearing held pursuant
338 to subsection (11), shall transmit, within 10 working days after
339 the date of adoption, the amendment or amendments and
340 appropriate supporting data and analyses to the reviewing
341 agencies. The local governing body shall also transmit a copy of
342 the amendments and supporting data and analyses to any other
343 local government or governmental agency that has filed a written
344 request with the governing body.
345 2. The reviewing agencies and any other local government or
346 governmental agency specified in subparagraph 1. may provide
347 comments regarding the amendment or amendments to the local
348 government. State agencies shall only comment on important state
349 resources and facilities that will be adversely impacted by the
350 amendment if adopted. Comments provided by state agencies shall
351 state with specificity how the plan amendment will adversely
352 impact an important state resource or facility and shall
353 identify measures the local government may take to eliminate,
354 reduce, or mitigate the adverse impacts. Such comments, if not
355 resolved, may result in a challenge by the state land planning
356 agency to the plan amendment. Agencies and local governments
357 must transmit their comments to the affected local government
358 such that they are received by the local government not later
359 than 30 days after the date on which the agency or government
360 received the amendment or amendments. Reviewing agencies shall
361 also send a copy of their comments to the state land planning
362 agency.
363 3. Comments to the local government from a regional
364 planning council, county, or municipality shall be limited as
365 follows:
366 a. The regional planning council review and comments shall
367 be limited to adverse effects on regional resources or
368 facilities identified in the strategic regional policy plan and
369 extrajurisdictional impacts that would be inconsistent with the
370 comprehensive plan of any affected local government within the
371 region. A regional planning council may not review and comment
372 on a proposed comprehensive plan amendment prepared by such
373 council unless the plan amendment has been changed by the local
374 government subsequent to the preparation of the plan amendment
375 by the regional planning council.
376 b. County comments shall be in the context of the
377 relationship and effect of the proposed plan amendments on the
378 county plan.
379 c. Municipal comments shall be in the context of the
380 relationship and effect of the proposed plan amendments on the
381 municipal plan.
382 d. Military installation comments shall be provided in
383 accordance with s. 163.3175.
384 4. Comments to the local government from state agencies
385 shall be limited to the following subjects as they relate to
386 important state resources and facilities that will be adversely
387 impacted by the amendment if adopted:
388 a. The Department of Environmental Protection shall limit
389 its comments to the subjects of air and water pollution;
390 wetlands and other surface waters of the state; federal and
391 state-owned lands and interest in lands, including state parks,
392 greenways and trails, and conservation easements; solid waste;
393 water and wastewater treatment; and the Everglades ecosystem
394 restoration.
395 b. The Department of State shall limit its comments to the
396 subjects of historic and archaeological resources.
397 c. The Department of Transportation shall limit its
398 comments to issues within the agency’s jurisdiction as it
399 relates to transportation resources and facilities of state
400 importance.
401 d. The Fish and Wildlife Conservation Commission shall
402 limit its comments to subjects relating to fish and wildlife
403 habitat and listed species and their habitat.
404 e. The Department of Agriculture and Consumer Services
405 shall limit its comments to the subjects of agriculture,
406 forestry, and aquaculture issues.
407 f. The Department of Education shall limit its comments to
408 the subject of public school facilities.
409 g. The appropriate water management district shall limit
410 its comments to flood protection and floodplain management,
411 wetlands and other surface waters, and regional water supply.
412 h. The state land planning agency shall limit its comments
413 to important state resources and facilities outside the
414 jurisdiction of other commenting state agencies and may include
415 comments on countervailing planning policies and objectives
416 served by the plan amendment that should be balanced against
417 potential adverse impacts to important state resources and
418 facilities.
419 (c)1. The local government shall hold a second public
420 hearing, which shall be a hearing on whether to adopt one or
421 more comprehensive plan amendments pursuant to subsection (11).
422 If the local government fails, within 180 days after receipt of
423 agency comments, to hold the second public hearing, and to adopt
424 the comprehensive plan amendments, the amendments are deemed
425 withdrawn unless extended by agreement with notice to the state
426 land planning agency and any affected person that provided
427 comments on the amendment. If the amendments are not adopted at
428 the second public hearing, the amendments shall be formally
429 adopted by the local government within 180 days after the second
430 public hearing is held or the amendments are deemed withdrawn
431 The 180-day limitation does not apply to amendments processed
432 pursuant to s. 380.06.
433 2. All comprehensive plan amendments adopted by the
434 governing body, along with the supporting data and analysis,
435 shall be transmitted within 30 10 working days after the final
436 adoption hearing to the state land planning agency and any other
437 agency or local government that provided timely comments under
438 subparagraph (b)2. If the local government fails to transmit the
439 comprehensive plan amendments within 30 10 working days after
440 the final adoption hearing, the amendments are deemed withdrawn.
441 3. The state land planning agency shall notify the local
442 government of any deficiencies within 5 working days after
443 receipt of an amendment package. For purposes of completeness,
444 an amendment shall be deemed complete if it contains a full,
445 executed copy of:
446 a. The adoption ordinance or ordinances;
447 b. In the case of a text amendment, the amended language in
448 legislative format with new words inserted in the text
449 underlined, and words deleted stricken with hyphens;
450 c. In the case of a future land use map amendment, the
451 future land use map clearly depicting the parcel, its existing
452 future land use designation, and its adopted designation; and
453 d. Any data and analyses the local government deems
454 appropriate.
455 4. An amendment adopted under this paragraph does not
456 become effective until 31 days after the state land planning
457 agency notifies the local government that the plan amendment
458 package is complete. If timely challenged, an amendment does not
459 become effective until the state land planning agency or the
460 Administration Commission enters a final order determining the
461 adopted amendment to be in compliance.
462 Section 6. Section 166.033, Florida Statutes, is amended to
463 read:
464 166.033 Development permits and orders.—
465 (1) A municipality shall specify in writing the minimum
466 information that must be submitted for an application for a
467 zoning approval, rezoning approval, subdivision approval,
468 certification, special exception, or variance. A municipality
469 shall make the minimum information available for inspection and
470 copying at the location where the municipality receives
471 applications for development permits and orders, provide the
472 information to the applicant at a preapplication meeting, or
473 post the information on the municipality’s website.
474 (2) Within 5 business days after receiving an application
475 for approval of a development permit or development order, a
476 municipality shall confirm receipt of the application using
477 contact information provided by the applicant. Within 30 days
478 after receiving an application for approval of a development
479 permit or development order, a municipality must review the
480 application for completeness and issue a written notification to
481 the applicant letter indicating that all required information is
482 submitted or specify in writing specifying with particularity
483 any areas that are deficient. If the application is deficient,
484 the applicant has 30 days to address the deficiencies by
485 submitting the required additional information. For applications
486 that do not require final action through a quasi-judicial
487 hearing or a public hearing, the municipality must approve,
488 approve with conditions, or deny the application for a
489 development permit or development order within 120 days after
490 the municipality has deemed the application complete., or 180
491 days For applications that require final action through a quasi
492 judicial hearing or a public hearing, the municipality must
493 approve, approve with conditions, or deny the application for a
494 development permit or development order within 180 days after
495 the municipality has deemed the application complete. Both
496 parties may agree in writing or in a public meeting or hearing
497 to a reasonable request for an extension of time, particularly
498 in the event of a force majeure or other extraordinary
499 circumstance. An approval, approval with conditions, or denial
500 of the application for a development permit or development order
501 must include written findings supporting the municipality’s
502 decision. The timeframes contained in this subsection do not
503 apply in an area of critical state concern, as designated in s.
504 380.0552 or chapter 28-36, Florida Administrative Code. The
505 timeframes contained in this subsection restart if an applicant
506 makes a substantive change to the application. As used in this
507 subsection, the term “substantive change” means an applicant
508 initiated change of 15 percent or more in the proposed density,
509 intensity, or square footage of a parcel.
510 (3)(a)(2)(a) When reviewing an application for a
511 development permit or development order that is certified by a
512 professional listed in s. 403.0877, a municipality may not
513 request additional information from the applicant more than
514 three times, unless the applicant waives the limitation in
515 writing.
516 (b) If a municipality makes a request for additional
517 information and the applicant submits the required additional
518 information within 30 days after receiving the request, the
519 municipality must review the application for completeness and
520 issue a letter indicating that all required information has been
521 submitted or specify with particularity any areas that are
522 deficient within 30 days after receiving the additional
523 information.
524 (c) If a municipality makes a second request for additional
525 information and the applicant submits the required additional
526 information within 30 days after receiving the request, the
527 municipality must review the application for completeness and
528 issue a letter indicating that all required information has been
529 submitted or specify with particularity any areas that are
530 deficient within 10 days after receiving the additional
531 information.
532 (d) Before a third request for additional information, the
533 applicant must be offered a meeting to attempt to resolve
534 outstanding issues. If a municipality makes a third request for
535 additional information and the applicant submits the required
536 additional information within 30 days after receiving the
537 request, the municipality must deem the application complete
538 within 10 days after receiving the additional information or
539 proceed to process the application for approval or denial unless
540 the applicant waived the municipality’s limitation in writing as
541 described in paragraph (a).
542 (e) Except as provided in subsection (7) (5), if the
543 applicant believes the request for additional information is not
544 authorized by ordinance, rule, statute, or other legal
545 authority, the municipality, at the applicant’s request, shall
546 proceed to process the application for approval or denial.
547 (4) A municipality must issue a refund to an applicant
548 equal to:
549 (a) Ten percent of the application fee if the municipality
550 fails to issue written notification of completeness or written
551 specification of areas of deficiency within 30 days after
552 receiving the application.
553 (b) Ten percent of the application fee if the municipality
554 fails to issue written notification of completeness or written
555 specification of areas of deficiency within 30 days after
556 receiving the additional information pursuant to paragraph
557 (3)(b).
558 (c) Twenty percent of the application fee if the
559 municipality fails to issue written notification of completeness
560 or written specification of areas of deficiency within 10 days
561 after receiving the additional information pursuant to paragraph
562 (3)(c).
563 (d) Fifty percent of the application fee if the
564 municipality fails to approve, approves with conditions, or
565 denies the application within 30 days after conclusion of the
566 120-day or 180-day timeframe specified in subsection (2).
567 (e) One hundred percent of the application fee if the
568 municipality fails to approve, approves with conditions, or
569 denies an application 31 days or more after conclusion of the
570 120-day or 180-day timeframe specified in subsection (2).
571
572 A municipality is not required to issue a refund if the
573 applicant and the municipality agree to an extension of time,
574 the delay is caused by the applicant, or the delay is
575 attributable to a force majeure or other extraordinary
576 circumstance.
577 (5)(3) When a municipality denies an application for a
578 development permit or development order, the municipality shall
579 give written notice to the applicant. The notice must include a
580 citation to the applicable portions of an ordinance, rule,
581 statute, or other legal authority for the denial of the permit
582 or order.
583 (6)(4) As used in this section, the terms “development
584 permit” and “development order” have the same meaning as in s.
585 163.3164, but do not include building permits.
586 (7)(5) For any development permit application filed with
587 the municipality after July 1, 2012, a municipality may not
588 require as a condition of processing or issuing a development
589 permit or development order that an applicant obtain a permit or
590 approval from any state or federal agency unless the agency has
591 issued a final agency action that denies the federal or state
592 permit before the municipal action on the local development
593 permit.
594 (8)(6) Issuance of a development permit or development
595 order by a municipality does not create any right on the part of
596 an applicant to obtain a permit from a state or federal agency
597 and does not create any liability on the part of the
598 municipality for issuance of the permit if the applicant fails
599 to obtain requisite approvals or fulfill the obligations imposed
600 by a state or federal agency or undertakes actions that result
601 in a violation of state or federal law. A municipality shall
602 attach such a disclaimer to the issuance of development permits
603 and shall include a permit condition that all other applicable
604 state or federal permits be obtained before commencement of the
605 development.
606 (9)(7) This section does not prohibit a municipality from
607 providing information to an applicant regarding what other state
608 or federal permits may apply.
609 Section 7. Except as otherwise expressly provided in this
610 act, this act shall take effect October 1, 2025.