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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to local land planning and 2
development; amending ss. 125.022 and 166.033, F.S.; 3
requiring each county and municipality, respectively, 4
of a specified size to create and implement a program 5
for the purpose of making development preapplication 6
consultation services available at an applicant's 7
request; providing that specified provisions may not 8
be construed to affect or require the modification of 9
certain county or municipality programs that make 10
available the same or substantially similar 11
development preapplication consulting services if such 12
county or municipality's program existed before a 13
specified date; limiting such preapplication 14
consultation services to applications for certain 15
permits; authorizing a county or municipality to use a 16
qualified contractor or qualified contractor firm to 17
fulfill specified preapplication services 18
requirements; specifying minimum requirements for a 19
development preapplication consultation services 20
program; requiring a county or municipality to take 21
certain actions if an applicant chooses to use the 22
development preapplication consultation services 23
program; requiring a county or municipality to 24
approve, approve with conditions, or deny an 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant's completed application within a specified 26
timeframe; requiring that an application be deemed 27
approved by operation of law without conditions and 28
proceed in a specified manner if a county or 29
municipality fails to make a certain determination 30
within a specified timeframe; providing construction; 31
specifying that certain requirements apply if an 32
applicant for a development permit or development 33
order is not eligible for, does not request, or elects 34
not to use the county's or municipality's 35
preapplication consulting services program; creating 36
s. 163.3169, F.S.; defining terms; requiring a local 37
government to establish a registry of a specified 38
number of qualified contractors or qualified 39
contractor firms to conduct certain preapplication 40
services; prohibiting a qualified contractor or 41
qualified contractor firm from having a conflict of 42
interest; authorizing an applicant to use a qualified 43
contractor that is not on the registry if a conflict 44
of interest exists; authorizing a local government to 45
enter into a certain agreement with another local 46
government under certain circumstances; prohibiting a 47
local government from adding its own employees to the 48
registry; authorizing an applicant to retain a 49
qualified contractor or qualified contractor firm of 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
his or her choosing for preapplication consultation 51
services under certain circumstances; prohibiting a 52
local government from conditioning, denying, or 53
delaying an applicant's selection or use of a 54
qualified contractor or qualified contractor firm; 55
specifying that the applicant is responsible for all 56
fees and costs associated with using a qualified 57
contractor of his or her choice; requiring a local 58
government to make certain resources available if an 59
applicant uses a qualified contractor or qualified 60
contractor firm of his or her choosing to perform 61
preapplication consultation services; providing an 62
exception; providing construction; providing that 63
specified requirements relating to the use of 64
qualified contractors or qualified contractor firms to 65
perform development preapplication consultation 66
services do not apply to certain property identified 67
within a permit application; providing applicability; 68
providing construction; amending s .177.071, F.S.; 69
authorizing a governing body to use a specified 70
registry to supplement local government staff 71
resources; prohibiting a local government from 72
creating, establishing, or applying any additional 73
local procedure or condition for the administrative 74
approval of a plat or replat which is inconsistent 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with specified provisions; authorizing the 76
administrative authority to receive and act upon 77
certain financial assurances; providing requirements 78
for a local government's acceptance of certain 79
financial assurances; amending s. 177.073, F.S.; 80
revising the definition of the term "applicant"; 81
requiring the governing body of certain local 82
governments and counties to include certain 83
developments in a program that expedites the process 84
for issuing building permits for planned unit 85
developments or phases of a community or subdivision; 86
specifying automatic actions in the event the local 87
government fails to adopt, update, or modify a certain 88
program by a specified date; defining the term 89
"conflict of interest"; providing construction; 90
requiring a governing body to create a two-step 91
application process for stabilized access roads that 92
can support emergency vehicles; revising requirements 93
for such application process; authorizing an applicant 94
to use a qualified contractor for land use approvals 95
under certain circumstances; authorizing a governing 96
body to use the qualified contractor registry 97
established pursuant to this act to supplement staff 98
resources; deleting provisions prohibiting the use of 99
a qualified contractor with a conflict of interest; 100
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defining the term "approved plans"; providing 101
construction; prohibiting a local government from 102
conditioning, delaying, withholding, or denying the 103
issuance of certain permits under certain 104
circumstances; providing applicability; providing 105
construction; authorizing a local government to waive 106
a certain bond requirement under certain 107
circumstances; revising the circumstances under which 108
an applicant has a vested right in a preliminary plat; 109
providing an effective date. 110
111
Be It Enacted by the Legislature of the State of Florida: 112
113
Section 1. Section 125.022, Florida Statutes, is amended 114
to read: 115
125.022 Development permits and orders; development 116
preapplication consulting services program required.— 117
(1)(a) By January 1, 2027, each county with a population 118
of 75,000 or greater shall create and implement a program for 119
the purpose of making available development preapplication 120
consultation services at an applicant's request. This subsection 121
may not be construed to affect or require the modification of a 122
county program that makes available the same or substantially 123
similar development preapplication consulting services to an 124
applicant for a development permit or development order, 125
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including a program that requires mandatory preapplication 126
meetings for specified types of developments, if such county 127
program exists on or before July 1, 2026. 128
1. The preapplication consultation services authorized in 129
this subsection are limited to those applications for permits as 130
defined in s. 163.3169. 131
2. The county may use a qualified contractor or a 132
qualified contractor firm as defined in s. 163.3169 to fulfill 133
the preapplication consultation services required in this 134
subsection. 135
(b) A development preapplication consultation services 136
program must, at minimum, provide all of the following: 137
1. The minimum information that must be submitted in an 138
application for a permit as defined in s. 163.3169. 139
2. The review and precertification of completeness of the 140
application and all related documents, including site 141
engineering plans or site plans or their functional equivalent, 142
or plats, and their compliance with all relevant existing land 143
development regulations. 144
(c) If an applicant chooses to use the development 145
preapplication consultation services program, the county, upon 146
receipt of the proposed development application, shall confirm 147
receipt, verify completeness, and issue a written notification 148
to the applicant indicating that all required information has 149
been submitted, or specify in writing with particularity any 150
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deficiencies in the application, within 5 business days. If the 151
application is deficient, the applicant has 30 days to address 152
the deficiencies by submitting the required additional 153
information. If the county fails to issue the written 154
notification within 5 business days, the application is deemed 155
complete by operation of law without conditions, and the county 156
must process the application as required in paragraph (d). 157
(d)1. Upon receipt of the applicant's completed 158
application, the county must process the application for final 159
action and must approve, approve with conditions, or deny the 160
application within 45 days after submission of a complete 161
application, except the county may not review again those plans 162
specified in subparagraph (b)2. 163
2. If the county fails to take final action to approve, 164
approve with conditions, or deny the application within 45 days, 165
the applicant shall notify the county in writing. If the county 166
fails to respond within 10 days, the application is deemed 167
approved by operation of law without conditions, and the 168
applicant is entitled to proceed with the proposed activity or 169
development as though the county had granted unconditional 170
approval. Approval pursuant to this subparagraph may not be 171
construed to relieve the applicant of the obligation to comply 172
with all other applicable federal, state, and local laws, 173
regulations, and ordinances. 174
(2) If an applicant for a development permit or 175
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development order is not eligible, does not request, or elects 176
not to use the county's development preapplication consulting 177
services program pursuant to subsection (1), all of the 178
following requirements shall apply: 179
(a)(1) A county shall specify in writing the minimum 180
information that must be submitted in an application for a 181
zoning approval, rezoning approval, subdivision approval, 182
certification, special exception, or variance. A county shall 183
make the minimum information available for inspection and 184
copying at the location where the county receives applications 185
for development permits and orders, provide the information to 186
the applicant at a preapplication meeting, or post the 187
information on the county's website. 188
(b)1.(2) Within 5 business days after receiving an 189
application for approval of a development permit or development 190
order, a county shall confirm receipt of the application using 191
contact information provided by the applicant. Within 30 days 192
after receiving an application for approval of a development 193
permit or development order, a county must review the 194
application for completeness and issue a written notification to 195
the applicant indicating that all required information is 196
submitted or specify in writing with particularity any areas 197
that are deficient. If the application is deficient, the 198
applicant has 30 days to address the deficiencies by submitting 199
the required additional information. 200
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2. For applications that do not require final action 201
through a quasi-judicial hearing or a public hearing, the county 202
must approve, approve with conditions, or deny the application 203
for a development permit or development order within 120 days 204
after the county has deemed the application complete. 205
3. For applications that require final action through a 206
quasi-judicial hearing or a public hearing, the county must 207
approve, approve with conditions, or deny the application for a 208
development permit or development order within 180 days after 209
the county has deemed the application complete. 210
4. Both parties may agree in writing or in a public 211
meeting or hearing to an extension of time, particularly in the 212
event of a force majeure or other extraordinary circumstance. An 213
approval, approval with conditions, or denial of the application 214
for a development permit or development order must include 215
written findings supporting the county's decision. 216
217
The timeframes contained in this paragraph subsection do not 218
apply in an area of critical state concern, as designated in s. 219
380.0552. The timeframes contained in this paragraph subsection 220
restart if an applicant makes a substantive change to the 221
application. As used in this paragraph subsection, the term 222
"substantive change" means an applicant-initiated change of 15 223
percent or more in the proposed density, intensity, or square 224
footage of a parcel. 225
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(c)1.(3)(a) When reviewing an application for a 226
development permit or development order that is certified by a 227
professional listed in s. 403.0877, a county may not request 228
additional information from the applicant more than three times, 229
unless the applicant waives the limitation in writing. 230
2.(b) If a county makes a request for additional 231
information and the applicant submits the required additional 232
information within 30 days after receiving the request, the 233
county must review the application for completeness and issue a 234
letter indicating that all required information has been 235
submitted or specify with particularity any areas that are 236
deficient within 30 days after receiving the additional 237
information. 238
3.(c) If a county makes a second request for additional 239
information and the applicant submits the required additional 240
information within 30 days after receiving the request, the 241
county must review the application for completeness and issue a 242
letter indicating that all required information has been 243
submitted or specify with particularity any areas that are 244
deficient within 10 days after receiving the additional 245
information. 246
4.(d) Before a third request for additional information, 247
the applicant must be offered a meeting to attempt to resolve 248
outstanding issues. If a county makes a third request for 249
additional information and the applicant submits the required 250
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additional information within 30 days after receiving the 251
request, the county must deem the application complete within 10 252
days after receiving the additional information or proceed to 253
process the application for approval or denial unless the 254
applicant waived the county's limitation in writing as described 255
in subparagraph 1. paragraph (a). 256
5.(e) Except as provided in subsection (4) subsection (7), 257
if the applicant believes the request for additional information 258
is not authorized by ordinance, rule, statute, or other legal 259
authority, the county, at the applicant's request, shall proceed 260
to process the application for approval or denial. 261
(d)(4) A county must issue a refund to an applicant equal 262
to: 263
1.(a) Ten percent of the application fee if the county 264
fails to issue written notification of completeness or written 265
specification of areas of deficiency within 30 days after 266
receiving the application. 267
2.(b) Ten percent of the application fee if the county 268
fails to issue a written notification of completeness or written 269
specification of areas of deficiency within 30 days after 270
receiving the additional information pursuant to subparagraph 271
(c)2. paragraph (3)(b). 272
3.(c) Twenty percent of the application fee if the county 273
fails to issue a written notification of completeness or written 274
specification of areas of deficiency within 10 days after 275
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receiving the additional information pursuant to subparagraph 276
(c)3. paragraph (3)(c). 277
4.(d) Fifty percent of the application fee if the county 278
fails to approve, approves with conditions, or denies the 279
application within 30 days after conclusion of the 120-day 280
timeframe specified in subparagraph (b)2. or the 180-day 281
timeframe specified in subparagraph (b)3. subsection (2). 282
5.(e) One hundred percent of the application fee if the 283
county fails to approve, approves with conditions, or denies an 284
application 31 days or more after conclusion of the 120-day 285
timeframe specified in subparagraph (b)2. or the 180-day 286
timeframe specified in subparagraph (b)3. subsection (2). 287
288
A county is not required to issue a refund if the applicant and 289
the county agree to an extension of time, the delay is caused by 290
the applicant, or the delay is attributable to a force majeure 291
or other extraordinary circumstance. 292
(e)(5) When a county denies an application for a 293
development permit or development order, the county shall give 294
written notice to the applicant. The notice must include a 295
citation to the applicable portions of an ordinance, rule, 296
statute, or other legal authority for the denial of the permit 297
or order. 298
(3)(6) As used in this section, the terms "development 299
permit" and "development order" have the same meaning as in s. 300
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163.3164, but do not include building permits. 301
(4)(7) For any development permit application filed with 302
the county after July 1, 2012, a county may not require as a 303
condition of processing or issuing a development permit or 304
development order that an applicant obtain a permit or approval 305
from any state or federal agency unless the agency has issued a 306
final agency action that denies the federal or state permit 307
before the county action on the local development permit. 308
(5)(8) Issuance of a development permit or development 309
order by a county does not in any way create any rights on the 310
part of the applicant to obtain a permit from a state or federal 311
agency and does not create any liability on the part of the 312
county for issuance of the permit if the applicant fails to 313
obtain requisite approvals or fulfill the obligations imposed by 314
a state or federal agency or undertakes actions that result in a 315
violation of state or federal law. A county shall attach such a 316
disclaimer to the issuance of a development permit and shall 317
include a permit condition that all other applicable state or 318
federal permits be obtained before commencement of the 319
development. 320
(6)(9) This section does not prohibit a county from 321
providing information to an applicant regarding what other state 322
or federal permits may apply. 323
Section 2. Section 163.3169, Florida Statutes, is created 324
to read: 325
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163.3169 Using qualified contractors in development order 326
preapplication review.— 327
(1) DEFINITIONS.—As used in this section, the term: 328
(a) "Applicant" means a person or legal entity having a 329
legal or equitable ownership interest in real property, or an 330
authorized agent acting on behalf of such person or entity, 331
which applies for a land development approval from the local 332
government pursuant to this section. 333
(b) "Application" means a properly completed and submitted 334
request for a permit, as defined herein, on behalf of an 335
applicant which includes an affidavit from a qualified 336
contractor as required by this section. The term does not 337
include plans or permits as reviewed under s. 553.791. 338
(c) "Conflict of interest" has the same meaning as in s. 339
112.312 and includes conflicts of interest recognized under 340
applicable licensing or certification standards applicable to 341
the qualified contractor. 342
(d) "Development services office" means the entity, 343
office, division, or department of a local government which is 344
responsible for reviewing applications for compliance with the 345
local government's land development regulations and other 346
applicable federal, state, and local requirements. This office 347
may be substantively identical to or housed within the local 348
government's planning and zoning department. 349
(e) "Development services official" means the individual 350
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in the development services office of the governing jurisdiction 351
who is responsible for the direct regulatory administration or 352
supervision of the review and approval process required to 353
indicate compliance with applicable land development 354
regulations. The term includes any duly authorized designee of 355
such person. This individual may be the executive director of 356
the governing body of a local government or the division 357
director of the local government's planning and zoning 358
department. 359
(f) "Final plat" has the same meaning as in s. 177.073. 360
(g) "Governing body" has the same meaning as in s. 361
163.3164. 362
(h) "Land development regulations" has the same meaning as 363
in s. 163.3164, but excludes building permits and plans subject 364
to s. 553.791. 365
(i) "Local government" means: 366
1. A county that has 75,000 or more residents, but does 367
not include a county subject to s. 380.0552; or 368
2. A municipality that has 10,000 or more residents. 369
(j) "Permit" means an authorization, approval, or grant by 370
a local governing body which authorizes the development of land 371
for any site plan or development plan approval, or any 372
subdivision approval, as defined in this section. 373
(k) "Plans" has the same meaning as in s. 177.073. 374
(l) "Plat or replat" has the same meaning as in s. 375
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177.031(14). 376
(m) "Preapplication review" means the analysis of a permit 377
conducted by a qualified contractor to ensure compliance with a 378
comprehensive plan, chapter 177, and applicable land development 379
regulations, and which is part of the application as authorized 380
under this section. 381
(n) "Preliminary plat" has the same meaning as in 177.073. 382
(o) "Qualified contractor" means the individual or firm 383
that has demonstrated knowledge of and experience with the types 384
of permits or development approvals specified in this section. 385
The term includes, but is not limited to, any of the following: 386
1. An engineer or engineering firm licensed under chapter 387
471. 388
2. A surveyor or mapper, or a surveyor's or mapper's firm, 389
licensed under chapter 472. 390
3. An architect or architecture firm licensed under part I 391
of chapter 481. 392
4. A landscape architect or a landscape architecture firm 393
registered under part II of chapter 481. 394
5. A planner certified by the American Institute of 395
Certified Planners with at least 5 years of relevant government 396
experience or at least 10 years of experience as an urban 397
planner if not certified. 398
(p) "Qualified contractor firm" means a business 399
organization, including a corporation, partnership, business 400
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trust, or other legal entity, which offers services under this 401
section to the public through licensees who act as agents, 402
employees, officers, or partners of the firm. A person who is 403
licensed as an engineer under chapter 471; a surveyor or mapper 404
licensed under chapter 472; an architect licensed under part I 405
of chapter 481; a landscape architect licensed under part II of 406
chapter 481; or who is certified by the American Institute of 407
Certified Planners with at least 5 years of relevant government 408
experience, or at least 10 years of relevant experience as an 409
urban planner if not certified, may act as a qualified 410
contractor for an agent, employee, or officer of the qualified 411
contractor firm. 412
(q) "Site plan or development plan approval" means a site 413
development proposal, or its functional equivalent, including a 414
modification to an existing development approval, which is 415
expressly designated by the local government for administrative 416
review and approval by local government staff or a designated 417
administrative official, without the requirement of approval by 418
an appointed review board or a governing body and which does not 419
materially increase density, intensity, traffic, infrastructure 420
demand, environmental impacts, or significant offsite impacts, 421
and therefore does not require full site plan review or 422
discretionary policy review. The term includes approvals or 423
permits governed by objective, nondiscretionary standards that 424
are designated by the local government for administrative 425
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approval by local government staff or an administrative official 426
and which also includes, but is not limited to approvals or 427
permits related to trees, signs, landscaping, and minor 428
modifications. 429
(r) "Subdivision approval" or its functional equivalent, 430
including a modification, means an administrative review process 431
applicable to the division of land into a limited number of lots 432
which does not create new public streets or require significant 433
public infrastructure improvements and does not materially 434
increase development impacts. The term applies only to approvals 435
expressly designated by the local government for administrative 436
review and approval by local government staff or a designated 437
administrator without the requirement of approval by an 438
appointed review board or a governing body. A subdivision 439
qualifies under this definition if it involves a number of lots 440
as specified by the local government, complies with all 441
applicable zoning, dimensional, access utility, and 442
environmental standards, and can be served by existing public 443
facilities or approved private systems, allowing the subdivision 444
to be reviewed for compliance with objective standards of land 445
development code and approved by local government staff or a 446
designated administrative official without requiring 447
discretionary policy determinations. 448
(2) REGISTRY.— 449
(a) By January 1, 2027, a local government shall establish 450
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a registry of at least four qualified contractors or two 451
qualified contractor firms which the governing body shall use to 452
supplement the local government's staff resources in ways 453
determined by the governing body upon the written request by an 454
applicant for fulfilling: 455
1. The preapplication consultation services for permits 456
under s. 125.022(1) and s. 166.033(1); 457
2. The requirements of s. 177.073 for processing and 458
expediting the review of an application for a preliminary plat 459
or any plans related to such application; or 460
3. The requirements of s. 177.071 requiring the 461
administrative approval of a plat or replat. 462
(b) A qualified contractor or a qualified contractor firm 463
on the registry which is hired pursuant to this section may not 464
have a conflict of interest. If a prohibitive conflict of 465
interest exists, the applicant may use an otherwise qualified 466
contractor. 467
(c) A local government may enter into an agreement with 468
another local government for the purpose of using public 469
employees who meet the requirements for a qualified contractor 470
to satisfy the minimum numerical requirements for qualified 471
contractors for the registry. A local government may not add its 472
own employees to its own registry. 473
(d) If a local government fails to establish or maintain 474
the registry, an applicant may, at its sole discretion, retain a 475
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qualified contractor or a qualified contractor firm of the 476
applicant's choosing to provide preapplication consultation 477
services, provided that the selected qualified contractor or 478
qualified contractor firm does not have a conflict of interest. 479
If a conflict of interest is identified after selection, the 480
applicant must promptly replace the qualified contractor or 481
qualified contractor firm with one that has no conflict of 482
interest. 483
(e) The local government may not condition, deny, or delay 484
the applicant's selection or use of such qualified contractor or 485
qualified contractor firm, and the applicant is responsible for 486
all fees and costs associated with the qualified contractor or 487
qualified contractor firm used in this manner. 488
(f) If an applicant uses a qualified contractor or a 489
qualified contractor firm for such purpose, the local government 490
must provide access to public records and information reasonably 491
necessary to perform preapplication consultation services. This 492
paragraph does not authorize the disclosure of records that are 493
confidential or exempt from public inspection or copying under 494
chapter 119 or any other applicable law, and access to such 495
records is provided only to the extent permitted by law. This 496
paragraph may not be construed to require a local government to 497
violate the licensing terms of proprietary software or related 498
vendor agreements. 499
(3) APPLICABILITY; HISTORIC PRESERVATION.— 500
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(a) This section does not apply to an application for a 501
permit if the property that is the subject of the application 502
is: 503
1. Individually listed in the National Register of 504
Historic Places or is a contributing property within a National 505
Register-listed historic district; 506
2. Designated as a local historic landmark, historic 507
resource, or part of a locally designated historic district 508
under a duly adopted local historic preservation ordinance; or 509
3. Subject to binding historic preservation review or 510
approval under federal, state, or local law, including review by 511
a local historic preservation board or commission. 512
(b) If an application encompasses multiple parcels or 513
improvements, this subsection applies only to the portion of the 514
application that relates to property described in paragraph (a). 515
This subsection may not be construed to prohibit the use of a 516
qualified contractor for the portions of an application that do 517
not involve the property listed in paragraph (a). 518
Section 3. Section 166.033, Florida Statutes, is amended 519
to read: 520
166.033 Development permits and orders; development 521
preapplication consulting services program required.— 522
(1)(a) By January 1, 2027, each municipality with a 523
population of 10,000 or greater shall create and implement a 524
program for the purpose of making available development 525
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preapplication consultation services at an applicant's request. 526
This subsection may not be construed to affect or require the 527
modification of a municipal program that makes available the 528
same or substantially similar development preapplication 529
consulting services to an applicant for a development permit or 530
development order, including a program that requires mandatory 531
preapplication meetings for specified types of developments, if 532
such municipal program exists on or before July 1, 2026. 533
1. The preapplication consultation services authorized in 534
this subsection are limited to those applications for permits as 535
defined in s. 163.3169. 536
2. The municipality may use a qualified contractor or a 537
qualified contractor firm as defined in s. 163.3169 to fulfill 538
the preapplication consultation services required in this 539
subsection. 540
(b) A development preapplication consultation services 541
program must, at minimum, provide all of the following: 542
1. The minimum information that must be submitted in an 543
application for a permit as defined in s. 163.3169. 544
2. The review and precertification of completeness of the 545
application and all related documents, including site 546
engineering plans or site plans or their functional equivalent, 547
or plats, and their compliance with all relevant existing land 548
development regulations. 549
(c) If an applicant chooses to use the development 550
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preapplication consultation services program, the municipality, 551
upon receipt of the proposed development application, shall 552
confirm receipt, verify completeness, and issue a written 553
notification to the applicant indicating that all required 554
information has been submitted, or specify in writing with 555
particularity any deficiencies within 5 business days. If the 556
application is deficient, the applicant has 30 days to address 557
the deficiencies by submitting the required information. If the 558
municipality fails to issue the written notification within 5 559
business days, the application is deemed complete by operation 560
of law without conditions, and the municipality must process the 561
application as required in paragraph (d). 562
(d)1. Upon receipt of the applicant's completed 563
application, the municipality must process the application for 564
final action and must approve, approve with conditions, or deny 565
the application within 45 days after submission of a complete 566
application, except the municipality may not review again those 567
plans specified in subparagraph (b)2. 568
2. If the municipality fails to take final action to 569
approve, approve with conditions, or deny the application within 570
the 45 days, the applicant shall notify the municipality in 571
writing. If the municipality fails to respond within 10 days, 572
the application is deemed approved by operation of law without 573
conditions, and the applicant is entitled to proceed with the 574
proposed activity or development as though the municipality had 575
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granted unconditional approval. Approval pursuant to this 576
subparagraph may not be construed to relieve the applicant of 577
the obligation to comply with all other applicable federal, 578
state, and local laws, regulations, and ordinances. 579
(2) If an applicant for a development permit or 580
development order is not eligible, does not request, or elects 581
not to use the municipality's development preapplication 582
consulting services program pursuant to subsection (1), all of 583
the following requirements shall apply: 584
(a)(1) A municipality shall specify in writing the minimum 585
information that must be submitted for an application for a 586
zoning approval, rezoning approval, subdivision approval, 587
certification, special exception, or variance. A municipality 588
shall make the minimum information available for inspection and 589
copying at the location where the municipality receives 590
applications for development permits and orders, provide the 591
information to the applicant at a preapplication meeting, or 592
post the information on the municipality's website. 593
(b)1.(2) Within 5 business days after receiving an 594
application for approval of a development permit or development 595
order, a municipality shall confirm receipt of the application 596
using contact information provided by the applicant. Within 30 597
days after receiving an application for approval of a 598
development permit or development order, a municipality must 599
review the application for completeness and issue a written 600
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notification to the applicant indicating that all required 601
information is submitted or specify in writing with 602
particularity any areas that are deficient. If the application 603
is deficient, the applicant has 30 days to address the 604
deficiencies by submitting the required additional information. 605
2. For applications that do not require final action 606
through a quasi-judicial hearing or a public hearing, the 607
municipality must approve, approve with conditions, or deny the 608
application for a development permit or development order within 609
120 days after the municipality has deemed the application 610
complete. 611
3. For applications that require final action through a 612
quasi-judicial hearing or a public hearing, the municipality 613
must approve, approve with conditions, or deny the application 614
for a development permit or development order within 180 days 615
after the municipality has deemed the application complete. 616
4. Both parties may agree in writing or in a public 617
meeting or hearing to an extension of time, particularly in the 618
event of a force majeure or other extraordinary circumstance. An 619
approval, approval with conditions, or denial of the application 620
for a development permit or development order must include 621
written findings supporting the municipality's decision. 622
623
The timeframes contained in this paragraph subsection do not 624
apply in an area of critical state concern, as designated in s. 625
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380.0552 or chapter 28-36, Florida Administrative Code. The 626
timeframes contained in this paragraph subsection restart if an 627
applicant makes a substantive change to the application. As used 628
in this paragraph subsection, the term "substantive change" 629
means an applicant-initiated change of 15 percent or more in the 630
proposed density, intensity, or square footage of a parcel. 631
(c)1.(3)(a) When reviewing an application for a 632
development permit or development order that is certified by a 633
professional listed in s. 403.0877, a municipality may not 634
request additional information from the applicant more than 635
three times, unless the applicant waives the limitation in 636
writing. 637
2.(b) If a municipality makes a request for additional 638
information and the applicant submits the required additional 639
information within 30 days after receiving the request, the 640
municipality must review the application for completeness and 641
issue a letter indicating that all required information has been 642
submitted or specify with particularity any areas that are 643
deficient within 30 days after receiving the additional 644
information. 645
3.(c) If a municipality makes a second request for 646
additional information and the applicant submits the required 647
additional information within 30 days after receiving the 648
request, the municipality must review the application for 649
completeness and issue a letter indicating that all required 650
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information has been submitted or specify with particularity any 651
areas that are deficient within 10 days after receiving the 652
additional information. 653
4.(d) Before a third request for additional information, 654
the applicant must be offered a meeting to attempt to resolve 655
outstanding issues. If a municipality makes a third request for 656
additional information and the applicant submits the required 657
additional information within 30 days after receiving the 658
request, the municipality must deem the application complete 659
within 10 days after receiving the additional information or 660
proceed to process the application for approval or denial unless 661
the applicant waived the municipality's limitation in writing as 662
described in paragraph (a). 663
5.(e) Except as provided in subsection (4) subsection (7), 664
if the applicant believes the request for additional information 665
is not authorized by ordinance, rule, statute, or other legal 666
authority, the municipality, at the applicant's request, shall 667
proceed to process the application for approval or denial. 668
(d)(4) A municipality must issue a refund to an applicant 669
equal to: 670
1.(a) Ten percent of the application fee if the 671
municipality fails to issue written notification of completeness 672
or written specification of areas of deficiency within 30 days 673
after receiving the application. 674
2.(b) Ten percent of the application fee if the 675
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municipality fails to issue written notification of completeness 676
or written specification of areas of deficiency within 30 days 677
after receiving the additional information pursuant to 678
subparagraph (c)2. paragraph (3)(b). 679
3.(c) Twenty percent of the application fee if the 680
municipality fails to issue written notification of completeness 681
or written specification of areas of deficiency within 10 days 682
after receiving the additional information pursuant to 683
subparagraph (c)3. paragraph (3)(c). 684
4.(d) Fifty percent of the application fee if the 685
municipality fails to approve, approves with conditions, or 686
denies the application within 30 days after conclusion of the 687
120-day timeframe specified in subparagraph (b)2. or the 180-day 688
timeframe specified in subparagraph (b)3. subsection (2). 689
5.(e) One hundred percent of the application fee if the 690
municipality fails to approve, approves with conditions, or 691
denies an application 31 days or more after conclusion of the 692
120-day timeframe specified in subparagraph (b)2. or the 180-day 693
timeframe specified in subparagraph (b)3. subsection (2). 694
695
A municipality is not required to issue a refund if the 696
applicant and the municipality agree to an extension of time, 697
the delay is caused by the applicant, or the delay is 698
attributable to a force majeure or other extraordinary 699
circumstance. 700
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(e)(5) When a municipality denies an application for a 701
development permit or development order, the municipality shall 702
give written notice to the applicant. The notice must include a 703
citation to the applicable portions of an ordinance, rule, 704
statute, or other legal authority for the denial of the permit 705
or order. 706
(3)(6) As used in this section, the terms "development 707
permit" and "development order" have the same meaning as in s. 708
163.3164, but do not include building permits. 709
(4)(7) For any development permit application filed with 710
the municipality after July 1, 2012, a municipality may not 711
require as a condition of processing or issuing a development 712
permit or development order that an applicant obtain a permit or 713
approval from any state or federal agency unless the agency has 714
issued a final agency action that denies the federal or state 715
permit before the municipal action on the local development 716
permit. 717
(5)(8) Issuance of a development permit or development 718
order by a municipality does not create any right on the part of 719
an applicant to obtain a permit from a state or federal agency 720
and does not create any liability on the part of the 721
municipality for issuance of the permit if the applicant fails 722
to obtain requisite approvals or fulfill the obligations imposed 723
by a state or federal agency or undertakes actions that result 724
in a violation of state or federal law. A municipality shall 725
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attach such a disclaimer to the issuance of development permits 726
and shall include a permit condition that all other applicable 727
state or federal permits be obtained before commencement of the 728
development. 729
(6)(9) This section does not prohibit a municipality from 730
providing information to an applicant regarding what other state 731
or federal permits may apply. 732
Section 4. Paragraphs (c) and (d) are added to subsection 733
(1) of section 177.071, Florida Statutes, to read: 734
177.071 Administrative approval of plats or replats by 735
designated county or municipal official.— 736
(1) 737
(c) A governing body and its designated administrative 738
authority shall use, upon the written request of the applicant, 739
the registry established in s. 163.3169 to supplement local 740
government staff resources in ways determined by the governing 741
body for processing and expediting the requirements of this 742
section. 743
(d) A local government may not create, establish, or apply 744
any additional local procedure or condition for the 745
administrative approval of a plat or replat under this section 746
which is inconsistent with this section or s. 177.091. If 747
infrastructure financial assurances are required as a condition 748
of plat or replat approval, the administrative authority 749
designated in paragraph (a) must receive and act upon the 750
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proposed assurance. The local government shall accept commonly 751
used forms of financial assurance, including performance bonds, 752
letters of credit, and escrow agreements, provided that the 753
assurance is in a form reasonably acceptable to the local 754
government and issued by a financially responsible issuer 755
meeting objective, uniformly applied standards. Local government 756
review of such financial assurance shall be limited to verifying 757
that the amount, form, and issuer satisfy the requirements of s. 758
177.091(8) and (9) and the local government's uniformly applied 759
standards, and may not be used to unreasonably delay approval. 760
If the assurance is deficient, the local government must provide 761
written notice of deficiencies within 10 business days. 762
Section 5. Paragraph (a) of subsection (1), paragraphs (a) 763
and (b) of subsection (2), paragraph (a) of subsection (3), 764
subsection (4), paragraphs (b) and (c) of subsection (6), and 765
subsection (8) of section 177.073, Florida Statutes, are 766
amended, and paragraph (d) is added to subsection (2) of that 767
section, to read: 768
177.073 Expedited approval of residential building permits 769
before a final plat is recorded.— 770
(1) As used in this section, the term: 771
(a) "Applicant" means a homebuilder or developer who files 772
an application with the local governing body to identify the 773
percentage of planned homes, or the number of building permits, 774
that the local governing body must issue for a residential 775
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subdivision or one or more phases in a multiphased planned 776
community, subdivision, or planned community. 777
(2)(a) By October 1, 2024, the governing body of a county 778
that has 75,000 residents or more and any governing body of a 779
municipality that has 10,000 residents or more and 25 acres or 780
more of contiguous land that the local government has designated 781
in the local government's comprehensive plan and future land use 782
map as land that is agricultural or to be developed for 783
residential purposes shall create a program to expedite the 784
process for issuing building permits for residential 785
subdivisions or one or more phases in a multiphased planned 786
community, subdivision, or planned communities in accordance 787
with the Florida Building Code and this section before a final 788
plat is recorded with the clerk of the circuit court. The 789
expedited process must include an application for an applicant 790
to identify the percentage of planned homes, not to exceed 50 791
percent of the residential subdivision or a planned community, 792
or the number of building permits that the governing body must 793
issue for the residential subdivision or planned community. The 794
application or the local government's final approval may not 795
alter or restrict the applicant from receiving the number of 796
building permits requested, so long as the request does not 797
exceed 50 percent of the planned homes of the residential 798
subdivision or planned community or the number of building 799
permits. This paragraph does not: 800
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1. Restrict the governing body from issuing more than 50 801
percent of the building permits for the residential subdivision 802
or planned community. 803
2. Apply to a county subject to s. 380.0552. 804
(b) Subject to the requirements under paragraph (6)(b), a 805
governing body that had a program in place before July 1, 2023, 806
to expedite the building permit process, need only update its 807
their program to approve an applicant's written application to 808
issue up to 50 percent of the building permits for the 809
residential subdivision or planned community in order to comply 810
with this section. This paragraph does not restrict a governing 811
body from issuing more than 50 percent of the building permits 812
for the residential subdivision or planned community. 813
(d)1. If a governing body fails to adopt a program under 814
paragraph (a) or paragraph (c), or fails to update or modify an 815
existing program as required under paragraph (b), by the 816
applicable statutory deadline, the following will apply without 817
further action or approval by the governing body and 818
notwithstanding any conflicting local requirement: 819
a. The applicant has an unconditional, self-executing 820
right to use a qualified contractor of the applicant's choosing, 821
within the scope of the contractor's professional licensure and 822
as authorized under this section, to perform technical review 823
and certification necessary to support the issuance of up to 75 824
percent of the building permits for the residential subdivision 825
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or planned community, including one or more phases thereof, 826
before the final plat is recorded, provided the qualified 827
contractor does not have a conflict of interest. For the 828
purposes of this paragraph, the term "conflict of interest" has 829
the same meaning as in s. 112.312. 830
b. The governing body, local building official, and any 831
local government staff may not condition, delay, limit, 832
restrict, obstruct, or deny the applicant's use of a qualified 833
contractor under this paragraph. This paragraph does not 834
prohibit a local government from applying neutral, generally 835
applicable requirements relating to procurement, contracting, 836
insurance, indemnification, conflict-of-interest review, 837
credential verification, recordkeeping, or public safety, 838
provided such requirements do not materially impair or frustrate 839
the applicant's ability to use a qualified contractor as 840
authorized by this paragraph. Any local requirement that 841
directly conflicts with this paragraph is preempted to the 842
extent of the conflict. 843
c. The qualified contractor may perform all technical 844
review services within the scope of his or her licensure and 845
qualifications which are necessary to obtain such building 846
permits as specifically authorized under this section, including 847
preparing, reviewing, and submitting permit applications and 848
supporting plans, specifications, and documents, and providing 849
signed and sealed documents when required by law. The local 850
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building official must accept such submissions when prepared and 851
sealed by the qualified contractor as meeting any local 852
requirement that the submission be prepared or reviewed by local 853
government staff, and must review and issue the permits in 854
accordance with the Florida Building Code and applicable state 855
law. This paragraph does not limit the authority of the local 856
building official to review such submission by a qualified 857
contractor for compliance with the Florida Building Code and 858
applicable state law, to identify deficiencies, or to approve or 859
deny the permit in accordance with the law. 860
d. The governing body and the local building official may 861
not unreasonably require the applicant or the qualified 862
contractor to use a local government registry, rotation, or 863
shortlist, or any other selection or vetting process, which has 864
the effect of denying or materially delaying the applicant's use 865
of a qualified contractor under this section. 866
e. The unconditional right provided by this paragraph 867
becomes effective immediately upon the governing body's failure 868
to meet the applicable deadlines in paragraph (a) or paragraph 869
(c), continues in effect unless and until the governing body has 870
adopted or updated a program fully compliant with this section, 871
and may not be limited, impaired, or applied retroactively to 872
reduce the number or percentage of building permits the 873
applicant may obtain or is eligible to obtain under this 874
paragraph. 875
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2. This paragraph may not be construed to limit or impair 876
the authority of the local building official to enforce the 877
Florida Building Code, the Florida Fire Prevention Code, or 878
other applicable state laws and local laws of general 879
application in reviewing and issuing building permits; however, 880
the governing body and the local building official may not 881
impose any additional local procedures, prerequisites, or 882
substantive standards on the applicant or the qualified 883
contractor which have the effect of conditioning, delaying, 884
restricting, or denying the use of a qualified contractor as 885
authorized by this paragraph. 886
(3) A governing body shall create: 887
(a) A two-step application process for the adoption of a 888
preliminary plat, and for stabilized access roads that can 889
support emergency vehicles, inclusive of any plans, in order to 890
expedite the issuance of building permits under this section. 891
The application must allow an applicant to identify the 892
percentage of planned homes or the number of building permits 893
that the governing body must issue for the residential 894
subdivision, or planned community, or one or more phases of a 895
multiphased planned community or subdivision. 896
(4)(a) An applicant may use a private provider or 897
qualified contractor in the same manner as provided in pursuant 898
to s. 553.791 to expedite the application process for building 899
permits after a preliminary plat is approved under this section. 900
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(b) A governing body shall, upon the written request of 901
the applicant, use the qualified contractor registry established 902
in s. 163.3169 establish a registry of at least three qualified 903
contractors whom the governing body may use to supplement staff 904
resources in ways determined by the governing body for 905
processing and expediting the review of an application for a 906
preliminary plat or any plans related to such application. A 907
qualified contractor on the registry who is hired pursuant to 908
this section to review an application, or any part thereof, for 909
a preliminary plat, or any part thereof, may not have a conflict 910
of interest with the applicant. For purposes of this paragraph, 911
the term "conflict of interest" has the same meaning as in s. 912
112.312. 913
(6) The governing body must issue the number or percentage 914
of building permits requested by an applicant in accordance with 915
the Florida Building Code and this section, provided the 916
residential buildings or structures are unoccupied and all of 917
the following conditions are met: 918
(b) The applicant provides proof to the governing body 919
that the applicant has provided a copy of the approved 920
preliminary plat, along with the approved plans, to the relevant 921
electric, gas, water, and wastewater utilities. For purposes of 922
this paragraph, the term "approved plans" means plans approved 923
for design and permit review and does not include, and may not 924
be construed to require or imply, any certification, 925
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attestation, or confirmation of the completion of construction 926
of any subdivision or planned community infrastructure, or 927
improvements depicted in, referenced by, or required under such 928
plans, except for the construction of the minimum access and 929
roadway improvements required by the Florida Fire Prevention 930
Code for fire department access and operations, such as a 931
stabilized roadway for emergency access. No other subdivision or 932
planned community infrastructure or improvements may be required 933
to be constructed as a condition of building permit issuance or 934
approval authorized under this section. 935
1. A local government may not condition, delay, withhold, 936
or deny the issuance of any building permit authorized under 937
this section on: 938
a. The actual completion, substantial completion, or 939
physical installation of any subdivision or planned community 940
infrastructure, or improvements identified in the approved 941
preliminary plat or approved plans; 942
b. The submission, acceptance, or approval of any 943
certification of completion or similar documentation, including, 944
but not limited to, certificates of completion or substantial 945
completion, engineer's or architect's certifications of 946
completion, as-built or record drawings, pressure or compaction 947
test results, utility acceptance letters, service availability 948
letters, or similar confirmations of finished construction or 949
readiness for service; or 950
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hb927 -04-er
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
c. Compliance with an environmental condition which is not 951
required by its land development regulations, a local government 952
comprehensive plan, a regulatory covenant or similar recorded 953
instrument, a decision or order by a local zoning board or other 954
quasi-judicial board, or by state law or federal law to obtain a 955
building permit. 956
2. This prohibition applies notwithstanding any ordinance, 957
resolution, policy, practice, permit condition, concurrency or 958
proportionate-share requirement, interlocal agreement, utility 959
policy or standard, or other local requirement to the contrary. 960
3. This paragraph may not be construed to prohibit a local 961
government from requiring documentation strictly necessary to 962
demonstrate compliance with the Florida Fire Prevention Code as 963
a condition of issuing building permits; however, such 964
documentation may not require the physical completion of the 965
subdivision or planned community infrastructure, or improvements 966
beyond what is expressly required to satisfy the Florida Fire 967
Prevention Code. 968
969
This paragraph may not be construed to relieve an applicant from 970
completing or installing any infrastructure or improvements as a 971
condition of issuance of a certificate of occupancy. 972
(c) The applicant holds a valid performance bond for up to 973
130 percent of the necessary improvements, as defined in s. 974
177.031(9), that have not been completed upon submission of the 975
ENROLLED
CS/CS/CS/HB 927, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb927 -04-er
Page 40 of 40
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
application under this section. For purposes of a master planned 976
community as defined in s. 163.3202(5)(b), a valid performance 977
bond is required on a phase-by-phase basis. For purposes of this 978
section, a local government may waive the bond requirement in 979
this paragraph through its program or on a case-by-case basis 980
upon request of the applicant. 981
(8) For purposes of this section, an applicant has a 982
vested right in a preliminary plat that has been approved by a 983
governing body for the earlier of at least 5 years or if all of 984
the following conditions are met: 985
(a) The applicant relies in good faith on the approved 986
preliminary plat or any amendments thereto. 987
(b) The applicant incurs obligations and expenses, 988
commences construction of the residential subdivision or planned 989
community, and is continuing in good faith with the development 990
of the property. 991
Section 6. This act shall take effect July 1, 2026. 992