Florida Senate - 2013                                    SB 1840
       
       
       
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security
       
       
       
       583-03411-13                                          20131840__
    1                        A bill to be entitled                      
    2         An act relating to development permits; amending ss.
    3         125.022 and 166.033, F.S.; requiring counties and
    4         municipalities to attach certain disclaimers and
    5         include certain permit conditions when issuing
    6         development permits; requiring counties and
    7         municipalities to demonstrate that applicable permits
    8         have been obtained prior to development in mapped
    9         flood hazard areas; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 125.022, Florida Statutes, is amended to
   14  read:
   15         125.022 Development permits.—When a county denies an
   16  application for a development permit, the county shall give
   17  written notice to the applicant. The notice must include a
   18  citation to the applicable portions of an ordinance, rule,
   19  statute, or other legal authority for the denial of the permit.
   20  As used in this section, the term “development permit” has the
   21  same meaning as in s. 163.3164. For any development permit
   22  application filed with the county after July 1, 2012, a county
   23  may not require as a condition of processing or issuing a
   24  development permit that an applicant obtain a permit or approval
   25  from any state or federal agency unless the agency has issued a
   26  final agency action that denies the federal or state permit
   27  before the county action on the local development permit.
   28  Issuance of a development permit by a county does not in any way
   29  create any rights on the part of the applicant to obtain a
   30  permit from a state or federal agency and does not create any
   31  liability on the part of the county for issuance of the permit
   32  if the applicant fails to obtain requisite approvals or fulfill
   33  the obligations imposed by a state or federal agency or
   34  undertakes actions that result in a violation of state or
   35  federal law. A county shall may attach such a disclaimer to the
   36  issuance of a development permit and shall may include a permit
   37  condition that all other applicable state or federal permits be
   38  obtained before commencement of the development. For development
   39  in mapped flood hazard areas, the county must demonstrate that
   40  all other applicable state and federal permits have been
   41  obtained before the commencement of the development. This
   42  section does not prohibit a county from providing information to
   43  an applicant regarding what other state or federal permits may
   44  apply.
   45         Section 2. Section 166.033, Florida Statutes, is amended to
   46  read:
   47         166.033 Development permits.—When a municipality denies an
   48  application for a development permit, the municipality shall
   49  give written notice to the applicant. The notice must include a
   50  citation to the applicable portions of an ordinance, rule,
   51  statute, or other legal authority for the denial of the permit.
   52  As used in this section, the term “development permit” has the
   53  same meaning as in s. 163.3164. For any development permit
   54  application filed with the municipality after July 1, 2012, a
   55  municipality may not require as a condition of processing or
   56  issuing a development permit that an applicant obtain a permit
   57  or approval from any state or federal agency unless the agency
   58  has issued a final agency action that denies the federal or
   59  state permit before the municipal action on the local
   60  development permit. Issuance of a development permit by a
   61  municipality does not in any way create any right on the part of
   62  an applicant to obtain a permit from a state or federal agency
   63  and does not create any liability on the part of the
   64  municipality for issuance of the permit if the applicant fails
   65  to obtain requisite approvals or fulfill the obligations imposed
   66  by a state or federal agency or undertakes actions that result
   67  in a violation of state or federal law. A municipality shall may
   68  attach such a disclaimer to the issuance of development permits
   69  and shall may include a permit condition that all other
   70  applicable state or federal permits be obtained before
   71  commencement of the development. For development in mapped flood
   72  hazard areas, the municipality must demonstrate that all other
   73  applicable state and federal permits have been obtained before
   74  the commencement of the development. This section does not
   75  prohibit a municipality from providing information to an
   76  applicant regarding what other state or federal permits may
   77  apply.
   78         Section 3. This act shall take effect July 1, 2013.