Qualified Contractors

Florida Senate
-
2026

CS for CS for SB 1138

By
the Committees on Rules; and Judiciary; and Senator Massullo

595-03176-26 20261138c2
1 A bill to be entitled
2 An act relating to qualified contractors; amending ss.
3 125.022 and 166.033, F.S.; requiring each county and
4 municipality, respectively, of a specified size to
5 create and implement a program for the purpose of
6 making development preapplication consultation
7 services available at an applicant’s request;
8 providing that specified provisions may not be
9 construed to affect or require the modification of
10 certain county or municipality programs that make
11 available the same or substantially similar
12 development preapplication consulting services if such
13 county or municipality’s program existed before a
14 specified date; limiting such preapplication
15 consultation services to applications for certain
16 permits; authorizing a county or municipality to use a
17 qualified contractor or qualified contractor firm to
18 fulfill specified preapplication services
19 requirements; specifying minimum requirements for a
20 development preapplication consultation services
21 program; requiring a county or municipality to take
22 certain actions if an applicant chooses to use the
23 development preapplication consultation services
24 program; requiring a county or municipality to
25 approve, approve with conditions, or deny an
26 applicant’s completed application within a specified
27 timeframe; requiring that an application be deemed
28 approved by operation of law without conditions and
29 proceed in a specified manner if a county or
30 municipality fails to make a certain determination
31 within a specified timeframe; providing construction;
32 specifying that certain requirements apply if an
33 applicant for a development permit or development
34 order is not eligible for, does not request, or elects
35 not to use the county’s or municipality’s
36 preapplication consulting services program; creating
37 s. 163.3169, F.S.; defining terms; requiring a local
38 government to establish a registry of a specified
39 number of qualified contractors or qualified
40 contractor firms to conduct certain preapplication
41 services; prohibiting a qualified contractor or
42 qualified contractor firm from having a conflict of
43 interest; authorizing an applicant to use a qualified
44 contractor that is not on the registry if a conflict
45 of interest exists; authorizing a local government to
46 enter into a certain agreement with another local
47 government under certain circumstances; prohibiting a
48 local government from adding its own employees to the
49 registry; authorizing an applicant to retain a
50 qualified contractor or qualified contractor firm of
51 his or her choosing for preapplication consultation
52 services under certain circumstances; prohibiting a
53 local government from conditioning, denying, or
54 delaying an applicant’s selection or use of a
55 qualified contractor or qualified contractor firm;
56 specifying that the applicant is responsible for all
57 fees and costs associated with using a qualified
58 contractor of his or her choice; requiring a local
59 government to make certain resources available if an
60 applicant uses a qualified contractor or qualified
61 contractor firm of his or her choosing to perform
62 preapplication consultation services; providing an
63 exception; providing construction; providing that
64 specified requirements relating to the use of
65 qualified contractors or qualified contractor firms to
66 perform development preapplication consultation
67 services do not apply to certain property identified
68 within a permit application; providing applicability;
69 providing construction; amending s .177.071, F.S.;
70 authorizing a governing body to use a specified
71 registry to supplement local government staff
72 resources; prohibiting a local government from
73 creating, establishing, or applying any additional
74 local procedure or condition for the administrative
75 approval of a plat or replat which is inconsistent
76 with specified provisions; authorizing the
77 administrative authority to receive and act upon
78 certain financial assurances; providing requirements
79 for a local government’s acceptance of certain
80 financial assurances; amending s. 177.073, F.S.;
81 revising the definition of the term “applicant”;
82 requiring the governing body of certain local
83 governments and counties to include certain
84 developments in a program that expedites the process
85 for issuing building permits for planned unit
86 developments or phases of a community or subdivision;
87 specifying automatic actions in the event the local
88 government fails to adopt, update, or modify a certain
89 program by a specified date; defining the term
90 “conflict of interest”; providing construction;
91 requiring a governing body to create a two-step
92 application process for stabilized access roads that
93 can support emergency vehicles; revising requirements
94 for such application process; authorizing an applicant
95 to use a qualified contractor for land use approvals
96 under certain circumstances; authorizing a governing
97 body to use the qualified contractor registry
98 established pursuant to this act to supplement staff
99 resources; deleting provisions prohibiting the use of
100 a qualified contractor with a conflict of interest;
101 defining the term “approved plans”; providing
102 construction; prohibiting a local government from
103 conditioning, delaying, withholding, or denying the
104 issuance of certain permits under certain
105 circumstances; providing applicability; providing
106 construction; authorizing a local government to waive
107 a certain bond requirement under certain
108 circumstances; revising the circumstances under which
109 an applicant has a vested right in a preliminary plat;
110 providing an effective date.
111
112 Be It Enacted by the Legislature of the State of Florida:
113
114 Section 1. Section 125.022, Florida Statutes, is amended to
115 read:
116 125.022 Development permits and orders
; development

117
preapplication consulting services program required
.—
118
(1)(a)

By January 1, 2027, each county with a population of

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

120
purpose of making available development preapplication

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

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

123
county program that makes available the same or substantially

124
similar development preapplication consulting services to an

125
applicant for a development permit or development order,

126
including a program that requires mandatory preapplication

127
meetings for specified types of developments, if such county

128
program exists on or before July 1, 2026.

129
1.

The preapplication consultation services authorized in

130
this subsection are limited to those applications for permits as

131
defined in s. 163.3169.

132
2.

The county may use a qualified contractor or a qualified

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

134
preapplication consultation services required in this

135
subsection.

136
(b)

A development preapplication consultation services

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

138
1.

The minimum information that must be submitted in an

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

140
2.

The review and precertification of completeness of the

141
application and all related documents, including site

142
engineering plans or site plans or their functional equivalent,

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

144
development regulations.

145
(c)

If an applicant chooses to use the development

146
preapplication consultation services program, the county, upon

147
receipt of the proposed development application, shall confirm

148
receipt, verify completeness, and issue a written notification

149
to the applicant indicating that all required information has

150
been submitted, or specify in writing with particularity any

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

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

153
the deficiencies by submitting the required additional

154
information. If the county fails to issue the written

155
notification within 5 business days, the application is deemed

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

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

158
(d)1.

Upon receipt of the applicant’s completed

159
application, the county must process the application for final

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

161
application within 45 days after submission of a complete

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

163
specified in subparagraph (b)2.

164
2.

If the county fails to take final action to approve,

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

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

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

168
approved by operation of law without conditions, and the

169
applicant is entitled to proceed with the proposed activity or

170
development as though the county had granted unconditional

171
approval. Approval pursuant to this subparagraph may not be

172
construed to relieve the applicant of the obligation to comply

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

174
regulations, and ordinances.

175
(2)

If an applicant
for a development permit or development

176
order is not eligible, does not request, or elects not to use

177
the county’s development preapplication consulting services

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

179
requirements shall apply:

180
(a)
(1)
A county shall specify in writing the minimum
181 information that must be submitted in an application for a
182 zoning approval, rezoning approval, subdivision approval,
183 certification, special exception, or variance. A county shall
184 make the minimum information available for inspection and
185 copying at the location where the county receives applications
186 for development permits and orders, provide the information to
187 the applicant at a preapplication meeting, or post the
188 information on the county’s website.
189
(b)1.
(
2)
Within 5 business days after receiving an
190 application for approval of a development permit or development
191 order, a county shall confirm receipt of the application using
192 contact information provided by the applicant. Within 30 days
193 after receiving an application for approval of a development
194 permit or development order, a county must review the
195 application for completeness and issue a written notification to
196 the applicant indicating that all required information is
197 submitted or specify in writing with particularity any areas
198 that are deficient. If the application is deficient, the
199 applicant has 30 days to address the deficiencies by submitting
200 the required additional information.
201
2.
For applications that do not require final action
202 through a quasi-judicial hearing or a public hearing, the county
203 must approve, approve with conditions, or deny the application
204 for a development permit or development order within 120 days
205 after the county has deemed the application complete.
206
3.
For applications that require final action through a
207 quasi-judicial hearing or a public hearing, the county must
208 approve, approve with conditions, or deny the application for a
209 development permit or development order within 180 days after
210 the county has deemed the application complete.
211
4.
Both parties may agree in writing or in a public meeting
212 or hearing to an extension of time, particularly in the event of
213 a force majeure or other extraordinary circumstance. An
214 approval, approval with conditions, or denial of the application
215 for a development permit or development order must include
216 written findings supporting the county’s decision.
217
218 The timeframes contained in this
paragraph

subsection
do not
219 apply in an area of critical state concern, as designated in s.
220 380.0552. The timeframes contained in this
paragraph

subsection

221 restart if an applicant makes a substantive change to the
222 application. As used in this
paragraph

subsection
, the term
223 “substantive change” means an applicant-initiated change of 15
224 percent or more in the proposed density, intensity, or square
225 footage of a parcel.
226
(c)1.
(3)(a)
When reviewing an application for a development
227 permit or development order that is certified by a professional
228 listed in s. 403.0877, a county may not request additional
229 information from the applicant more than three times, unless the
230 applicant waives the limitation in writing.
231
2.
(b)
If a county makes a request for additional
232 information and the applicant submits the required additional
233 information within 30 days after receiving the request, the
234 county must review the application for completeness and issue a
235 letter indicating that all required information has been
236 submitted or specify with particularity any areas that are
237 deficient within 30 days after receiving the additional
238 information.
239
3.
(c)
If a county makes a second request for additional
240 information and the applicant submits the required additional
241 information within 30 days after receiving the request, the
242 county must review the application for completeness and issue a
243 letter indicating that all required information has been
244 submitted or specify with particularity any areas that are
245 deficient within 10 days after receiving the additional
246 information.
247
4.
(d)
Before a third request for additional information,
248 the applicant must be offered a meeting to attempt to resolve
249 outstanding issues. If a county makes a third request for
250 additional information and the applicant submits the required
251 additional information within 30 days after receiving the
252 request, the county must deem the application complete within 10
253 days after receiving the additional information or proceed to
254 process the application for approval or denial unless the
255 applicant waived the county’s limitation in writing as described
256 in
subparagraph
1.

paragraph (a)
.
257
5.
(e)
Except as provided in
subsection (4)

subsection (7)
,
258 if the applicant believes the request for additional information
259 is not authorized by ordinance, rule, statute, or other legal
260 authority, the county, at the applicant’s request, shall proceed
261 to process the application for approval or denial.
262
(d)
(4)
A county must issue a refund to an applicant equal
263 to:
264
1.
(a)
Ten percent of the application fee if the county
265 fails to issue written notification of completeness or written
266 specification of areas of deficiency within 30 days after
267 receiving the application.
268
2.
(b)
Ten percent of the application fee if the county
269 fails to issue a written notification of completeness or written
270 specification of areas of deficiency within 30 days after
271 receiving the additional information pursuant to
subparagraph

272
(c)2.

paragraph (3)(b
).

273
3.
(c)
Twenty percent of the application fee if the county
274 fails to issue a written notification of completeness or written
275 specification of areas of deficiency within 10 days after
276 receiving the additional information pursuant to
subparagraph

277
(c)3.

paragraph (3)(c)
.

278
4.
(d)
Fifty percent of the application fee if the county
279 fails to approve, approves with conditions, or denies the
280 application within 30 days after conclusion of the 120-day
281
timeframe specified in subparagraph (b)2.
or
the
180-day
282 timeframe specified in
subparagraph (b)3.

subsection (2)
.

283
5.
(e)
One hundred percent of the application fee if the
284 county fails to approve, approves with conditions, or denies an
285 application 31 days or more after conclusion of the 120-day
286
timeframe specified in subparagraph (b)2.
or
the
180-day
287 timeframe specified in
subparagraph (b)3.

subsection (2)
.

288
289 A county is not required to issue a refund if the applicant and
290 the county agree to an extension of time, the delay is caused by
291 the applicant, or the delay is attributable to a force majeure
292 or other extraordinary circumstance.
293
(e)
(5)
When a county denies an application for a
294 development permit or development order, the county shall give
295 written notice to the applicant. The notice must include a
296 citation to the applicable portions of an ordinance, rule,
297 statute, or other legal authority for the denial of the permit
298 or order.
299
(
3
)
(6)
As used in this section, the terms “development
300 permit” and “development order” have the same meaning as in s.
301 163.3164, but do not include building permits.
302
(
4
)
(7)
For any development permit application filed with
303 the county after July 1, 2012, a county may not require as a
304 condition of processing or issuing a development permit or
305 development order that an applicant obtain a permit or approval
306 from any state or federal agency unless the agency has issued a
307 final agency action that denies the federal or state permit
308 before the county action on the local development permit.
309
(5)
(8)
Issuance of a development permit or development
310 order by a county does not in any way create any rights on the
311 part of the applicant to obtain a permit from a state or federal
312 agency and does not create any liability on the part of the
313 county for issuance of the permit if the applicant fails to
314 obtain requisite approvals or fulfill the obligations imposed by
315 a state or federal agency or undertakes actions that result in a
316 violation of state or federal law. A county shall attach such a
317 disclaimer to the issuance of a development permit and shall
318 include a permit condition that all other applicable state or
319 federal permits be obtained before commencement of the
320 development.
321
(6)
(9)
This section does not prohibit a county from
322 providing information to an applicant regarding what other state
323 or federal permits may apply.
324 Section 2. Section 163.3169, Florida Statutes, is created
325 to read:
326
163.3169 Using qualified contractors in development order

327
preapplication review.—

328
(1)

DEFINITIONS.—As used in this section, the term:

329
(a) “Applicant” means a person or legal entity having a

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

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

332
which
applies for a land development approval from the local

333
government pursuant to this section.

334
(b)

“Application” means a properly completed and submitted

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

336
applicant
which
includes an affidavit from a qualified

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

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

339
(c)

“Conflict of interest” has the same meaning as in s.

340
112.312 and includes conflicts of interest recognized under

341
applicable licensing or certification standards applicable to

342
the qualified contractor.

343
(
d
)

“Development services office” means the entity, office,

344
division, or department of a local government
which is

345
responsible for reviewing applications for compliance with the

346
local government’s land development regulations and other

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

348
may be substantively identical to or housed within the local

349
government’s planning and zoning department.

350
(
e
)

“Development services official” means the individual in

351
the development services office of the governing jurisdiction

352
who is
responsible for the direct regulatory administration or

353
supervision of the review and approval process required to

354
indicate compliance with applicable land development

355
regulations. The term includes any duly authorized designee of

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

357
the governing body of a local government or the division

358
director of the local government’s planning and zoning

359
department.

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

361
(
g
)

“Governing body” has the same meaning as in s.

362
163.3164.

363
(
h
)

“Land development regulations” has the same meaning as

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

365
to s
.
553.791.

366
(
i
)

“Local government” means:

367
1.

A county that has
7
5,000
or more
residents, but does not

368
include a county subject to s. 380.0552;
or

369
2.

A municipality that has 10,000
or more
residents.

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

371
a local governing body
which
authorizes the development of land

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

373
subdivision approval, as defined in this section
.

374
(k)

“Plans” has the same meaning as in s. 177.073.

375
(l)

“Plat or replat” has the same meaning as in s.

376
177.031(14).

377
(
m
) “Preapplication review” means the analysis

of a permit

378
conducted by a qualified contractor to ensure compliance with a

379
comprehensive plan, chapter 177, and applicable land development

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

381
under this section.

382
(n)

“Preliminary plat” has the same meaning as in 177.073.

383
(
o
) “Qualified contractor” means the individual or firm

384
that has demonstrated knowledge of and experience with the types

385
of permits or development approvals specified in
this section.

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

387
1.

An engineer or engineering firm licensed under chapter

388
471.

389
2.

A surveyor or mapper, or a surveyor’s or mapper’s firm
,

390
licensed under chapter 472.

391
3.

An architect or architecture firm licensed under part I

392
of chapter 481.

393
4.

A landscape architect or a landscape architecture firm

394
registered under part II of chapter 481.

395
5.

A planner certified by the American Institute of

396
Certified Planners
with at least 5 years of relevant government

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

398
planner if not certified
.

399
(p)

“Qualified contractor firm” means a business

400
organization, including a corporation, partnership, business

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

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

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

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

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

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

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

408
Certified Planners with at least 5 years of relevant government

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

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

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

412
contractor firm.

413
(q)

“Site plan or development plan approval” means a site

414
development proposal, or its functional equivalent, including a

415
modification to an existing development approval,
which
is

416
expressly designated by the local government for administrative

417
review and approval by local government staff or a designated

418
administrative official, without the requirement of approval by

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

420
materially increase density, intensity, traffic, infrastructure

421
demand, environmental impacts, or significant offsite impacts,

422
and therefore does not require full site plan review or

423
discretionary policy review. The term includes approvals or

424
permits governed by objective, nondiscretionary standards that

425
are designated by the local government for administrative

426
approval by local government staff or an administrative official

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

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

429
modifications.

430
(
r
)

“Subdivision approval” or its functional equivalent,

431
including a modification, means an administrative review process

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

433
which
does not create new public streets
or
require significant

434
public infrastructure improvements and does not materially

435
increase development impacts. The term applies only to approvals

436
expressly designated by the local government for administrative

437
review and approval by local government staff or a designated

438
administrator without the requirement of approval by an

439
appointed review board or a governing body. A subdivision

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

441
as specified by the local government, complies with all

442
applicable zoning, dimensional, access utility, and

443
environmental standards, and can be served by existing public

444
facilities or approved private systems, allowing the subdivision

445
to be reviewed for compliance with objective standards of land

446
development code and approved by local government staff or a

447
designated administrative official without requiring

448
discretionary policy determinations.

449
(
2
)

REGISTRY.—

450
(a)

By January 1, 2027, a
local government shall establish

451
a registry of at least
four
qualified contractors
or two

452
qualified contractor firms which the governing body shall use to

453
supplement the local government’s staff resources in ways

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

455
applicant for fulfilling:

456
1.

The preapplication consultation services for permits

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

458
2.

The requirements of s. 177.073 for processing and

459
expediting the review of an application for a preliminary plat

460
or any plans related to such application; or

461
3.

The requirements of s. 177.071 requiring the

462
administrative approval of a plat or replat.

463
(b)

A qualified contractor or a qualified contractor firm

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

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

466
interest exists, the applicant may use an otherwise qualified

467
contractor.

468
(c)

A
local government may enter into an agreement with

469
another local government for the purpose of using public

470
employees who meet the requirements for a qualified contractor

471
to satisfy the minimum numerical requirements for qualified

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

473
own employees to its own registry.

474
(d)

If a local government fails to establish or maintain

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

476
qualified contractor or a qualified contractor firm of the

477
applicant’s choosing to provide preapplication consultation

478
services, provided that the selected qualified contractor or

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

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

481
applicant must promptly replace the qualified contractor or

482
qualified contractor firm with one that has no conflict of

483
interest.

484
(
e
)

The local government may not condition, deny,
or
delay

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

486
qualified contractor firm
,
and the applicant is responsible for

487
all fees and costs associated with the qualified contractor or

488
qualified contractor firm used in this manner.

489
(f)

If an applicant uses a qualified contractor or a

490
qualified contractor firm for such purpose, the local government

491
must provide access to public records and information reasonably

492
necessary to perform preapplication consultation services. This

493
paragraph does not authorize the disclosure of records that are

494
confidential or exempt from public inspection or copying under

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

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

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

498
violate the licensing terms of proprietary software or related

499
vendor agreements.

500
(3)

APPLICABILITY; HISTORIC PRESERVATION.—

501
(a)

This section does not apply to an application for a

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

503
is:

504
1.

Individually listed in the National Register of Historic

505
Places or is a contributing property within a National Register

506
listed
historic district;

507
2.

Designated as a local historic landmark, historic

508
resource, or part of a locally designated historic district

509
under a duly adopted local historic preservation ordinance; or

510
3.

Subject to binding historic preservation review or

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

512
a local historic preservation board or commission.

513
(b)

If an application encompasses multiple parcels or

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

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

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

517
qualified contractor for the portions of an application that do

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

519 Section 3. Section 166.033, Florida Statutes, is amended to
520 read:
521 166.033 Development permits and orders
; development

522
preapplication consulting services program required
.—
523
(1)(a)

By January 1, 2027, each municipality with a

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

525
program for the purpose of making available development

526
preapplication consultation services at an applicant’s request.

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

528
modification of a municipal program that makes available the

529
same or substantially similar development preapplication

530
consulting services to an applicant for a development permit or

531
development order, including a program that requires mandatory

532
preapplication meetings for specified types of developments, if

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

534
1. The preapplication consultation services authorized in

535
this subsection are limited to those applications for permits as

536
defined in s. 163.3169.

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

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

539
the preapplication consultation services required in this

540
subsection.

541
(b) A development preapplication consultation services

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

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

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

545
2. The review and precertification of completeness of the

546
application and all related documents, including site

547
engineering plans or site plans or their functional equivalent,

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

549
development regulations.

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

551
preapplication consultation services program, the municipality,

552
upon receipt of the proposed development application, shall

553
confirm receipt, verify completeness, and issue a written

554
notification to the applicant indicating that all required

555
information has been submitted, or specify in writing with

556
particularity any deficiencies within 5 business days. If the

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

558
the deficiencies by submitting the required information. If the

559
municipality fails to issue the written notification within 5

560
business days, the application is deemed complete by operation

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

562
application as required in paragraph (d).

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

564
application, the municipality must process the application for

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

566
the application within 45 days after submission of a complete

567
application, except the municipality may not review again those

568
plans specified in subparagraph (b)2.

569
2.

If the municipality fails to take final action to

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

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

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

573
the application is deemed approved by operation of law without

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

575
proposed activity or development as though the municipality had

576
granted unconditional approval. Approval pursuant to this

577
subparagraph may not be construed to relieve the applicant of

578
the obligation to comply with all other applicable federal,

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

580
(2)

If an applicant for a development permit or development

581
order is not eligible
, does not request, or elects not to use

582
the municipality’s development preapplication consulting

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

584
following requirements shall apply:

585
(a)
(1)
A municipality shall specify in writing the minimum
586 information that must be submitted for an application for a
587 zoning approval, rezoning approval, subdivision approval,
588 certification, special exception, or variance. A municipality
589 shall make the minimum information available for inspection and
590 copying at the location where the municipality receives
591 applications for development permits and orders, provide the
592 information to the applicant at a preapplication meeting, or
593 post the information on the municipality’s website.
594
(
b
)
1.
(2)
Within 5 business days after receiving an
595 application for approval of a development permit or development
596 order, a municipality shall confirm receipt of the application
597 using contact information provided by the applicant. Within 30
598 days after receiving an application for approval of a
599 development permit or development order, a municipality must
600 review the application for completeness and issue a written
601 notification to the applicant indicating that all required
602 information is submitted or specify in writing with
603 particularity any areas that are deficient. If the application
604 is deficient, the applicant has 30 days to address the
605 deficiencies by submitting the required additional information.
606
2.
For applications that do not require final action
607 through a quasi-judicial hearing or a public hearing, the
608 municipality must approve, approve with conditions, or deny the
609 application for a development permit or development order within
610 120 days after the municipality has deemed the application
611 complete.
612
3.
For applications that require final action through a
613 quasi-judicial hearing or a public hearing, the municipality
614 must approve, approve with conditions, or deny the application
615 for a development permit or development order within 180 days
616 after the municipality has deemed the application complete.
617
4.
Both parties may agree in writing or in a public meeting
618 or hearing to an extension of time, particularly in the event of
619 a force majeure or other extraordinary circumstance. An
620 approval, approval with conditions, or denial of the application
621 for a development permit or development order must include
622 written findings supporting the municipality’s decision.
623
624 The timeframes contained in this
paragraph

subsection
do not
625 apply in an area of critical state concern, as designated in s.
626 380.0552 or chapter 28-36, Florida Administrative Code. The
627 timeframes contained in this
paragraph

subsection
restart if an
628 applicant makes a substantive change to the application. As used
629 in this
paragraph

subsection
, the term “substantive change”
630 means an applicant-initiated change of 15 percent or more in the
631 proposed density, intensity, or square footage of a parcel.
632
(c)1.
(3)(a)
When reviewing an application for a development
633 permit or development order that is certified by a professional
634 listed in s. 403.0877, a municipality may not request additional
635 information from the applicant more than three times, unless the
636 applicant waives the limitation in 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 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 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
(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 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
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 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 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 right

820
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
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
purpose
s
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
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
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 qualified

897
contractor in the same manner as provided in

pursuant to
s.
898 553.791 to expedite the application process for building permits
899 after a preliminary plat is approved under this section.
900 (b) A governing body shall
, upon the written request of the

901
applicant
, use the qualified contractor registry established in

902
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 that
919 the applicant has provided a copy of the approved preliminary
920 plat, along with the approved plans, to the relevant electric,
921 gas, water, and wastewater utilities.
For purposes of this

922
paragraph,
the term
“approved plans” means plans approved for

923
design and permit review and does not include, and may not be

924
construed to require or imply, any certification, attestation,

925
or confirmation of the completion of construction of any

926
subdivision or planned community infrastructure, or improvements

927
depicted in, referenced by, or required under such plans, except

928
for the construction of the minimum access and roadway

929
improvements required by the Florida Fire Prevention Code for

930
fire department access and operations, such as a stabilized

931
roadway for emergency access. No other subdivision or planned

932
community infrastructure or improvements may be required to be

933
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
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 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 vested
982 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.