Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7103, 2nd Eng.
       
       
       
       
       
       
                                Ì387652:Î387652                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             05/03/2019 12:10 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.01055, Florida Statutes, is amended
    6  to read:
    7         125.01055 Affordable housing.—
    8         (1) Notwithstanding any other provision of law, a county
    9  may adopt and maintain in effect any law, ordinance, rule, or
   10  other measure that is adopted for the purpose of increasing the
   11  supply of affordable housing using land use mechanisms such as
   12  inclusionary housing ordinances.
   13         (2) An inclusionary housing ordinance may require a
   14  developer to provide a specified number or percentage of
   15  affordable housing units to be included in a development or
   16  allow a developer to contribute to a housing fund or other
   17  alternatives in lieu of building the affordable housing units.
   18  However, in exchange, a county must provide incentives to fully
   19  offset all costs to the developer of its affordable housing
   20  contribution. Such incentives may include, but are not limited
   21  to:
   22         (a)Allowing the developer density or intensity bonus
   23  incentives or more floor space than allowed under the current or
   24  proposed future land use designation or zoning;
   25         (b)Reducing or waiving fees, such as impact fees or water
   26  and sewer charges; or
   27         (c)Granting other incentives.
   28         (3) Subsection (2) does not apply in an area of critical
   29  state concern, as designated in s. 380.0552.
   30         Section 2. Section 125.022, Florida Statutes, is amended to
   31  read:
   32         125.022 Development permits and orders.—
   33         (1)Within 30 days after receiving an application for
   34  approval of a development permit or development order, a county
   35  must review the application for completeness and issue a letter
   36  indicating that all required information is submitted or
   37  specifying with particularity any areas that are deficient. If
   38  the application is deficient, the applicant has 30 days to
   39  address the deficiencies by submitting the required additional
   40  information. Within 120 days after the county has deemed the
   41  application complete, or 180 days for applications that require
   42  final action through a quasi-judicial hearing or a public
   43  hearing, the county must approve, approve with conditions, or
   44  deny the application for a development permit or development
   45  order. Both parties may agree to a reasonable request for an
   46  extension of time, particularly in the event of a force majeure
   47  or other extraordinary circumstance. An approval, approval with
   48  conditions, or denial of the application for a development
   49  permit or development order must include written findings
   50  supporting the county’s decision. The timeframes contained in
   51  this subsection do not apply in an area of critical state
   52  concern, as designated in s. 380.0552.
   53         (2)(1) When reviewing an application for a development
   54  permit or development order that is certified by a professional
   55  listed in s. 403.0877, a county may not request additional
   56  information from the applicant more than three times, unless the
   57  applicant waives the limitation in writing. Before a third
   58  request for additional information, the applicant must be
   59  offered a meeting to attempt to resolve outstanding issues.
   60  Except as provided in subsection (5) (4), if the applicant
   61  believes the request for additional information is not
   62  authorized by ordinance, rule, statute, or other legal
   63  authority, the county, at the applicant’s request, shall proceed
   64  to process the application for approval or denial.
   65         (3)(2) When a county denies an application for a
   66  development permit or development order, the county shall give
   67  written notice to the applicant. The notice must include a
   68  citation to the applicable portions of an ordinance, rule,
   69  statute, or other legal authority for the denial of the permit
   70  or order.
   71         (4)(3) As used in this section, the terms term “development
   72  permit” and “development order” have has the same meaning as in
   73  s. 163.3164, but do does not include building permits.
   74         (5)(4) For any development permit application filed with
   75  the county after July 1, 2012, a county may not require as a
   76  condition of processing or issuing a development permit or
   77  development order that an applicant obtain a permit or approval
   78  from any state or federal agency unless the agency has issued a
   79  final agency action that denies the federal or state permit
   80  before the county action on the local development permit.
   81         (6)(5) Issuance of a development permit or development
   82  order by a county does not in any way create any rights on the
   83  part of the applicant to obtain a permit from a state or federal
   84  agency and does not create any liability on the part of the
   85  county for issuance of the permit if the applicant fails to
   86  obtain requisite approvals or fulfill the obligations imposed by
   87  a state or federal agency or undertakes actions that result in a
   88  violation of state or federal law. A county shall attach such a
   89  disclaimer to the issuance of a development permit and shall
   90  include a permit condition that all other applicable state or
   91  federal permits be obtained before commencement of the
   92  development.
   93         (7)(6) This section does not prohibit a county from
   94  providing information to an applicant regarding what other state
   95  or federal permits may apply.
   96         Section 3. Subsection (3) of section 163.3167, Florida
   97  Statutes, is amended to read:
   98         163.3167 Scope of act.—
   99         (3) A municipality established after the effective date of
  100  this act shall, within 1 year after incorporation, establish a
  101  local planning agency, pursuant to s. 163.3174, and prepare and
  102  adopt a comprehensive plan of the type and in the manner set out
  103  in this act within 3 years after the date of such incorporation.
  104  A county comprehensive plan is shall be deemed controlling until
  105  the municipality adopts a comprehensive plan in accordance
  106  accord with this act. A comprehensive plan adopted after January
  107  1, 2019, and all land development regulations adopted to
  108  implement the comprehensive plan must incorporate each
  109  development order existing before the comprehensive plan’s
  110  effective date, may not impair the completion of a development
  111  in accordance with such existing development order, and must
  112  vest the density and intensity approved by such development
  113  order existing on the effective date of the comprehensive plan
  114  without limitation or modification.
  115         Section 4. Paragraph (i) of subsection (5) and paragraph
  116  (h) of subsection (6) of section 163.3180, Florida Statutes, are
  117  amended to read:
  118         163.3180 Concurrency.—
  119         (5)
  120         (i) If a local government elects to repeal transportation
  121  concurrency, it is encouraged to adopt an alternative mobility
  122  funding system that uses one or more of the tools and techniques
  123  identified in paragraph (f). Any alternative mobility funding
  124  system adopted may not be used to deny, time, or phase an
  125  application for site plan approval, plat approval, final
  126  subdivision approval, building permits, or the functional
  127  equivalent of such approvals provided that the developer agrees
  128  to pay for the development’s identified transportation impacts
  129  via the funding mechanism implemented by the local government.
  130  The revenue from the funding mechanism used in the alternative
  131  system must be used to implement the needs of the local
  132  government’s plan which serves as the basis for the fee imposed.
  133  A mobility fee-based funding system must comply with s.
  134  163.31801 governing the dual rational nexus test applicable to
  135  impact fees. An alternative system that is not mobility fee
  136  based shall not be applied in a manner that imposes upon new
  137  development any responsibility for funding an existing
  138  transportation deficiency as defined in paragraph (h).
  139         (6)
  140         (h)1. In order to limit the liability of local governments,
  141  a local government may allow a landowner to proceed with
  142  development of a specific parcel of land notwithstanding a
  143  failure of the development to satisfy school concurrency, if all
  144  the following factors are shown to exist:
  145         a. The proposed development would be consistent with the
  146  future land use designation for the specific property and with
  147  pertinent portions of the adopted local plan, as determined by
  148  the local government.
  149         b. The local government’s capital improvements element and
  150  the school board’s educational facilities plan provide for
  151  school facilities adequate to serve the proposed development,
  152  and the local government or school board has not implemented
  153  that element or the project includes a plan that demonstrates
  154  that the capital facilities needed as a result of the project
  155  can be reasonably provided.
  156         c. The local government and school board have provided a
  157  means by which the landowner will be assessed a proportionate
  158  share of the cost of providing the school facilities necessary
  159  to serve the proposed development.
  160         2. If a local government applies school concurrency, it may
  161  not deny an application for site plan, final subdivision
  162  approval, or the functional equivalent for a development or
  163  phase of a development authorizing residential development for
  164  failure to achieve and maintain the level-of-service standard
  165  for public school capacity in a local school concurrency
  166  management system where adequate school facilities will be in
  167  place or under actual construction within 3 years after the
  168  issuance of final subdivision or site plan approval, or the
  169  functional equivalent. School concurrency is satisfied if the
  170  developer executes a legally binding commitment to provide
  171  mitigation proportionate to the demand for public school
  172  facilities to be created by actual development of the property,
  173  including, but not limited to, the options described in sub
  174  subparagraph a. Options for proportionate-share mitigation of
  175  impacts on public school facilities must be established in the
  176  comprehensive plan and the interlocal agreement pursuant to s.
  177  163.31777.
  178         a. Appropriate mitigation options include the contribution
  179  of land; the construction, expansion, or payment for land
  180  acquisition or construction of a public school facility; the
  181  construction of a charter school that complies with the
  182  requirements of s. 1002.33(18); or the creation of mitigation
  183  banking based on the construction of a public school facility in
  184  exchange for the right to sell capacity credits. Such options
  185  must include execution by the applicant and the local government
  186  of a development agreement that constitutes a legally binding
  187  commitment to pay proportionate-share mitigation for the
  188  additional residential units approved by the local government in
  189  a development order and actually developed on the property,
  190  taking into account residential density allowed on the property
  191  prior to the plan amendment that increased the overall
  192  residential density. The district school board must be a party
  193  to such an agreement. As a condition of its entry into such a
  194  development agreement, the local government may require the
  195  landowner to agree to continuing renewal of the agreement upon
  196  its expiration.
  197         b. If the interlocal agreement and the local government
  198  comprehensive plan authorize a contribution of land; the
  199  construction, expansion, or payment for land acquisition; the
  200  construction or expansion of a public school facility, or a
  201  portion thereof; or the construction of a charter school that
  202  complies with the requirements of s. 1002.33(18), as
  203  proportionate-share mitigation, the local government shall
  204  credit such a contribution, construction, expansion, or payment
  205  toward any other impact fee or exaction imposed by local
  206  ordinance for public educational facilities the same need, on a
  207  dollar-for-dollar basis at fair market value. The credit must be
  208  based on the total impact fee assessed and not on the impact fee
  209  for any particular type of school.
  210         c. Any proportionate-share mitigation must be directed by
  211  the school board toward a school capacity improvement identified
  212  in the 5-year school board educational facilities plan that
  213  satisfies the demands created by the development in accordance
  214  with a binding developer’s agreement.
  215         3. This paragraph does not limit the authority of a local
  216  government to deny a development permit or its functional
  217  equivalent pursuant to its home rule regulatory powers, except
  218  as provided in this part.
  219         Section 5. Section 163.31801, Florida Statutes, is amended
  220  to read:
  221         163.31801 Impact fees; short title; intent; minimum
  222  requirements; audits; challenges definitions; ordinances levying
  223  impact fees.—
  224         (1) This section may be cited as the “Florida Impact Fee
  225  Act.”
  226         (2) The Legislature finds that impact fees are an important
  227  source of revenue for a local government to use in funding the
  228  infrastructure necessitated by new growth. The Legislature
  229  further finds that impact fees are an outgrowth of the home rule
  230  power of a local government to provide certain services within
  231  its jurisdiction. Due to the growth of impact fee collections
  232  and local governments’ reliance on impact fees, it is the intent
  233  of the Legislature to ensure that, when a county or municipality
  234  adopts an impact fee by ordinance or a special district adopts
  235  an impact fee by resolution, the governing authority complies
  236  with this section.
  237         (3) At a minimum, an impact fee adopted by ordinance of a
  238  county or municipality or by resolution of a special district
  239  must satisfy all of the following conditions, at minimum:
  240         (a) Require that The calculation of the impact fee must be
  241  based on the most recent and localized data.
  242         (b) The local government must provide for accounting and
  243  reporting of impact fee collections and expenditures. If a local
  244  governmental entity imposes an impact fee to address its
  245  infrastructure needs, the entity must shall account for the
  246  revenues and expenditures of such impact fee in a separate
  247  accounting fund.
  248         (c) Limit Administrative charges for the collection of
  249  impact fees must be limited to actual costs.
  250         (d) The local government must provide Require that notice
  251  not be provided no less than 90 days before the effective date
  252  of an ordinance or resolution imposing a new or increased impact
  253  fee. A county or municipality is not required to wait 90 days to
  254  decrease, suspend, or eliminate an impact fee.
  255         (e) Collection of the impact fee may not be required to
  256  occur earlier than the date of issuance of the building permit
  257  for the property that is subject to the fee.
  258         (f) The impact fee must be proportional and reasonably
  259  connected to, or have a rational nexus with, the need for
  260  additional capital facilities and the increased impact generated
  261  by the new residential or commercial construction.
  262         (g) The impact fee must be proportional and reasonably
  263  connected to, or have a rational nexus with, the expenditures of
  264  the funds collected and the benefits accruing to the new
  265  residential or nonresidential construction.
  266         (h) The local government must specifically earmark funds
  267  collected under the impact fee for use in acquiring,
  268  constructing, or improving capital facilities to benefit new
  269  users.
  270         (i) Revenues generated by the impact fee may not be used,
  271  in whole or in part, to pay existing debt or for previously
  272  approved projects unless the expenditure is reasonably connected
  273  to, or has a rational nexus with, the increased impact generated
  274  by the new residential or nonresidential construction.
  275         (4)The local government must credit against the collection
  276  of the impact fee any contribution, whether identified in a
  277  proportionate share agreement or other form of exaction, related
  278  to public education facilities, including land dedication, site
  279  planning and design, or construction. Any contribution must be
  280  applied to reduce any education-based impact fees on a dollar
  281  for-dollar basis at fair market value.
  282         (5) If a local government increases its impact fee rates,
  283  the holder of any impact fee credits, whether such credits are
  284  granted under s. 163.3180, s. 380.06, or otherwise, which were
  285  in existence before the increase, is entitled to the full
  286  benefit of the intensity or density prepaid by the credit
  287  balance as of the date it was first established. This subsection
  288  shall operate prospectively and not retrospectively.
  289         (6)(4) Audits of financial statements of local governmental
  290  entities and district school boards which are performed by a
  291  certified public accountant pursuant to s. 218.39 and submitted
  292  to the Auditor General must include an affidavit signed by the
  293  chief financial officer of the local governmental entity or
  294  district school board stating that the local governmental entity
  295  or district school board has complied with this section.
  296         (7)(5) In any action challenging an impact fee or the
  297  government’s failure to provide required dollar-for-dollar
  298  credits for the payment of impact fees as provided in s.
  299  163.3180(6)(h)2.b., the government has the burden of proving by
  300  a preponderance of the evidence that the imposition or amount of
  301  the fee or credit meets the requirements of state legal
  302  precedent and or this section. The court may not use a
  303  deferential standard for the benefit of the government.
  304         (8) A county, municipality, or special district may provide
  305  an exception or waiver for an impact fee for the development or
  306  construction of housing that is affordable, as defined in s.
  307  420.9071. If a county, municipality, or special district
  308  provides such an exception or waiver, it is not required to use
  309  any revenues to offset the impact.
  310         (9) This section does not apply to water and sewer
  311  connection fees.
  312         Section 6. Paragraph (j) is added to subsection (2) of
  313  section 163.3202, Florida Statutes, to read:
  314         163.3202 Land development regulations.—
  315         (2) Local land development regulations shall contain
  316  specific and detailed provisions necessary or desirable to
  317  implement the adopted comprehensive plan and shall at a minimum:
  318         (j) Incorporate preexisting development orders identified
  319  pursuant to s. 163.3167(3).
  320         Section 7. Subsection (8) of section 163.3215, Florida
  321  Statutes, is amended to read:
  322         163.3215 Standing to enforce local comprehensive plans
  323  through development orders.—
  324         (8)(a) In any proceeding under subsection (3), either party
  325  is entitled to the summary procedure provided in s. 51.011, and
  326  the court shall advance the cause on the calendar, subject to
  327  paragraph (b) or subsection (4), the Department of Legal Affairs
  328  may intervene to represent the interests of the state.
  329         (b) Upon a showing by either party by clear and convincing
  330  evidence that summary procedure is inappropriate, the court may
  331  determine that summary procedure does not apply.
  332         (c) The prevailing party in a challenge to a development
  333  order filed under subsection (3) is entitled to recover
  334  reasonable attorney fees and costs incurred in challenging or
  335  defending the order, including reasonable appellate attorney
  336  fees and costs.
  337         Section 8. Section 166.033, Florida Statutes, is amended to
  338  read:
  339         166.033 Development permits and orders.—
  340         (1) Within 30 days after receiving an application for
  341  approval of a development permit or development order, a
  342  municipality must review the application for completeness and
  343  issue a letter indicating that all required information is
  344  submitted or specifying with particularity any areas that are
  345  deficient. If the application is deficient, the applicant has 30
  346  days to address the deficiencies by submitting the required
  347  additional information. Within 120 days after the municipality
  348  has deemed the application complete, or 180 days for
  349  applications that require final action through a quasi-judicial
  350  hearing or a public hearing, the municipality must approve,
  351  approve with conditions, or deny the application for a
  352  development permit or development order. Both parties may agree
  353  to a reasonable request for an extension of time, particularly
  354  in the event of a force majeure or other extraordinary
  355  circumstance. An approval, approval with conditions, or denial
  356  of the application for a development permit or development order
  357  must include written findings supporting the municipality’s
  358  decision. The timeframes contained in this subsection do not
  359  apply in an area of critical state concern, as designated in s.
  360  380.0552 or chapter 28-36, Florida Administrative Code.
  361         (2)(1) When reviewing an application for a development
  362  permit or development order that is certified by a professional
  363  listed in s. 403.0877, a municipality may not request additional
  364  information from the applicant more than three times, unless the
  365  applicant waives the limitation in writing. Before a third
  366  request for additional information, the applicant must be
  367  offered a meeting to attempt to resolve outstanding issues.
  368  Except as provided in subsection (5) (4), if the applicant
  369  believes the request for additional information is not
  370  authorized by ordinance, rule, statute, or other legal
  371  authority, the municipality, at the applicant’s request, shall
  372  proceed to process the application for approval or denial.
  373         (3)(2) When a municipality denies an application for a
  374  development permit or development order, the municipality shall
  375  give written notice to the applicant. The notice must include a
  376  citation to the applicable portions of an ordinance, rule,
  377  statute, or other legal authority for the denial of the permit
  378  or order.
  379         (4)(3) As used in this section, the terms term “development
  380  permit” and “development order” have has the same meaning as in
  381  s. 163.3164, but do does not include building permits.
  382         (5)(4) For any development permit application filed with
  383  the municipality after July 1, 2012, a municipality may not
  384  require as a condition of processing or issuing a development
  385  permit or development order that an applicant obtain a permit or
  386  approval from any state or federal agency unless the agency has
  387  issued a final agency action that denies the federal or state
  388  permit before the municipal action on the local development
  389  permit.
  390         (6)(5) Issuance of a development permit or development
  391  order by a municipality does not in any way create any right on
  392  the part of an applicant to obtain a permit from a state or
  393  federal agency and does not create any liability on the part of
  394  the municipality for issuance of the permit if the applicant
  395  fails to obtain requisite approvals or fulfill the obligations
  396  imposed by a state or federal agency or undertakes actions that
  397  result in a violation of state or federal law. A municipality
  398  shall attach such a disclaimer to the issuance of development
  399  permits and shall include a permit condition that all other
  400  applicable state or federal permits be obtained before
  401  commencement of the development.
  402         (7)(6) This section does not prohibit a municipality from
  403  providing information to an applicant regarding what other state
  404  or federal permits may apply.
  405         Section 9. Section 166.04151, Florida Statutes, is amended
  406  to read:
  407         166.04151 Affordable housing.—
  408         (1) Notwithstanding any other provision of law, a
  409  municipality may adopt and maintain in effect any law,
  410  ordinance, rule, or other measure that is adopted for the
  411  purpose of increasing the supply of affordable housing using
  412  land use mechanisms such as inclusionary housing ordinances.
  413         (2) An inclusionary housing ordinance may require a
  414  developer to provide a specified number or percentage of
  415  affordable housing units to be included in a development or
  416  allow a developer to contribute to a housing fund or other
  417  alternatives in lieu of building the affordable housing units.
  418  However, in exchange, a municipality must provide incentives to
  419  fully offset all costs to the developer of its affordable
  420  housing contribution. Such incentives may include, but are not
  421  limited to:
  422         (a) Allowing the developer density or intensity bonus
  423  incentives or more floor space than allowed under the current or
  424  proposed future land use designation or zoning;
  425         (b) Reducing or waiving fees, such as impact fees or water
  426  and sewer charges; or
  427         (c) Granting other incentives.
  428         (3)Subsection (2) does not apply in an area of critical
  429  state concern, as designated by s. 380.0552 or chapter 28-36,
  430  Florida Administrative Code.
  431         Section 10. Subsection (8) of section 420.502, Florida
  432  Statutes, is amended to read:
  433         420.502 Legislative findings.—It is hereby found and
  434  declared as follows:
  435         (8)(a) It is necessary to create new programs to stimulate
  436  the construction and substantial rehabilitation of rental
  437  housing for eligible persons and families.
  438         (b) It is necessary to create a state housing finance
  439  strategy to provide affordable workforce housing opportunities
  440  to essential services personnel in areas of critical state
  441  concern designated under s. 380.05, for which the Legislature
  442  has declared its intent to provide affordable housing, and areas
  443  that were designated as areas of critical state concern for at
  444  least 20 consecutive years before removal of the designation.
  445  The lack of affordable workforce housing has been exacerbated by
  446  the dwindling availability of developable land, environmental
  447  constraints, rising construction and insurance costs, and the
  448  shortage of lower-cost housing units. As this state’s population
  449  continues to grow, essential services personnel vital to the
  450  economies of areas of critical state concern are unable to live
  451  in the communities where they work, creating transportation
  452  congestion and hindering their quality of life and community
  453  engagement.
  454         Section 11. Present subsections (18) through (42) of
  455  section 420.503, Florida Statutes, are redesignated as
  456  subsections (19) through (43), respectively, a new subsection
  457  (18) is added to that section, and subsection (15) of that
  458  section is amended, to read:
  459         420.503 Definitions.—As used in this part, the term:
  460         (15) “Elderly” means persons 62 years of age or older;
  461  however, this definition does not prohibit housing from being
  462  deemed housing for the elderly as defined in subsection (20)
  463  (19) if such housing otherwise meets the requirements of
  464  subsection (20) (19).
  465         (18) “Essential services personnel” means natural persons
  466  or families whose total annual household income is at or below
  467  120 percent of the area median income, adjusted for household
  468  size, and at least one of whom is employed as police or fire
  469  personnel, a child care worker, a teacher or other education
  470  personnel, health care personnel, a public employee, or a
  471  service worker.
  472         Section 12. Subsection (3) of section 420.5095, Florida
  473  Statutes, is amended to read:
  474         420.5095 Community Workforce Housing Innovation Pilot
  475  Program.—
  476         (3) For purposes of this section, the term:
  477         (a) “Workforce housing” means housing affordable to natural
  478  persons or families whose total annual household income does not
  479  exceed 140 percent of the area median income, adjusted for
  480  household size, or 150 percent of area median income, adjusted
  481  for household size, in areas of critical state concern
  482  designated under s. 380.05, for which the Legislature has
  483  declared its intent to provide affordable housing, and areas
  484  that were designated as areas of critical state concern for at
  485  least 20 consecutive years prior to removal of the designation.
  486         (b) “Essential services personnel” means persons in need of
  487  affordable housing who are employed in occupations or
  488  professions in which they are considered essential services
  489  personnel, as defined by each county and eligible municipality
  490  within its respective local housing assistance plan pursuant to
  491  s. 420.9075(3)(a).
  492         (c) “Public-private partnership” means any form of business
  493  entity that includes substantial involvement of at least one
  494  county, one municipality, or one public sector entity, such as a
  495  school district or other unit of local government in which the
  496  project is to be located, and at least one private sector for
  497  profit or not-for-profit business or charitable entity, and may
  498  be any form of business entity, including a joint venture or
  499  contractual agreement.
  500         Section 13. Paragraph (a) of subsection (1) of section
  501  252.363, Florida Statutes, is amended to read:
  502         252.363 Tolling and extension of permits and other
  503  authorizations.—
  504         (1)(a) The declaration of a state of emergency issued by
  505  the Governor for a natural emergency tolls the period remaining
  506  to exercise the rights under a permit or other authorization for
  507  the duration of the emergency declaration. Further, the
  508  emergency declaration extends the period remaining to exercise
  509  the rights under a permit or other authorization for 6 months in
  510  addition to the tolled period. This paragraph applies to the
  511  following:
  512         1. The expiration of a development order issued by a local
  513  government.
  514         2. The expiration of a building permit.
  515         3. The expiration of a permit issued by the Department of
  516  Environmental Protection or a water management district pursuant
  517  to part IV of chapter 373.
  518         4. The buildout date of a development of regional impact,
  519  including any extension of a buildout date that was previously
  520  granted as specified in s. 380.06(7)(c).
  521         Section 14. Subsection (1), paragraph (b) of subsection
  522  (2), and subsections (4) through (7) and (18) of section
  523  553.791, Florida Statutes, are amended to read:
  524         553.791 Alternative plans review and inspection.—
  525         (1) As used in this section, the term:
  526         (a) “Applicable codes” means the Florida Building Code and
  527  any local technical amendments to the Florida Building Code but
  528  does not include the applicable minimum fire prevention and
  529  firesafety codes adopted pursuant to chapter 633.
  530         (b) “Audit” means the process to confirm that the building
  531  code inspection services have been performed by the private
  532  provider, including ensuring that the required affidavit for the
  533  plan review has been properly completed and affixed to the
  534  permit documents and that the minimum mandatory inspections
  535  required under the building code have been performed and
  536  properly recorded. The term does not mean that the local
  537  building official may not is required to replicate the plan
  538  review or inspection being performed by the private provider,
  539  unless expressly authorized by this section.
  540         (c) “Building” means any construction, erection,
  541  alteration, demolition, or improvement of, or addition to, any
  542  structure or site work for which permitting by a local
  543  enforcement agency is required.
  544         (d) “Building code inspection services” means those
  545  services described in s. 468.603(5) and (8) involving the review
  546  of building plans as well as those services involving the review
  547  of site plans and site work engineering plans or their
  548  functional equivalent, to determine compliance with applicable
  549  codes and those inspections required by law of each phase of
  550  construction for which permitting by a local enforcement agency
  551  is required to determine compliance with applicable codes.
  552         (e) “Duly authorized representative” means an agent of the
  553  private provider identified in the permit application who
  554  reviews plans or performs inspections as provided by this
  555  section and who is licensed as an engineer under chapter 471 or
  556  as an architect under chapter 481 or who holds a standard
  557  certificate under part XII of chapter 468.
  558         (f) “Immediate threat to public safety and welfare” means a
  559  building code violation that, if allowed to persist, constitutes
  560  an immediate hazard that could result in death, serious bodily
  561  injury, or significant property damage. This paragraph does not
  562  limit the authority of the local building official to issue a
  563  Notice of Corrective Action at any time during the construction
  564  of a building project or any portion of such project if the
  565  official determines that a condition of the building or portion
  566  thereof may constitute a hazard when the building is put into
  567  use following completion as long as the condition cited is shown
  568  to be in violation of the building code or approved plans.
  569         (g) “Local building official” means the individual within
  570  the governing jurisdiction responsible for direct regulatory
  571  administration or supervision of plans review, enforcement, and
  572  inspection of any construction, erection, alteration,
  573  demolition, or substantial improvement of, or addition to, any
  574  structure for which permitting is required to indicate
  575  compliance with applicable codes and includes any duly
  576  authorized designee of such person.
  577         (h) “Permit application” means a properly completed and
  578  submitted application for the requested building or construction
  579  permit, including:
  580         1. The plans reviewed by the private provider.
  581         2. The affidavit from the private provider required under
  582  subsection (6).
  583         3. Any applicable fees.
  584         4. Any documents required by the local building official to
  585  determine that the fee owner has secured all other government
  586  approvals required by law.
  587         (i) “Plans” means building plans, site engineering plans,
  588  or site plans, or their functional equivalent, submitted by a
  589  fee owner or fee owner’s contractor to a private provider or
  590  duly authorized representative for review.
  591         (j)(i) “Private provider” means a person licensed as a
  592  building code administrator under part XII of chapter 468, as an
  593  engineer under chapter 471, or as an architect under chapter
  594  481. For purposes of performing inspections under this section
  595  for additions and alterations that are limited to 1,000 square
  596  feet or less to residential buildings, the term “private
  597  provider” also includes a person who holds a standard
  598  certificate under part XII of chapter 468.
  599         (k)(j) “Request for certificate of occupancy or certificate
  600  of completion” means a properly completed and executed
  601  application for:
  602         1. A certificate of occupancy or certificate of completion.
  603         2. A certificate of compliance from the private provider
  604  required under subsection (11).
  605         3. Any applicable fees.
  606         4. Any documents required by the local building official to
  607  determine that the fee owner has secured all other government
  608  approvals required by law.
  609         (l) “Site work” means the portion of a construction project
  610  that is not part of the building structure, including, but not
  611  limited to, grading, excavation, landscape irrigation, and
  612  installation of driveways.
  613         (m)(k) “Stop-work order” means the issuance of any written
  614  statement, written directive, or written order which states the
  615  reason for the order and the conditions under which the cited
  616  work will be permitted to resume.
  617         (2)
  618         (b) It is the intent of the Legislature that owners and
  619  contractors pay reduced fees not be required to pay extra costs
  620  related to building permitting requirements when hiring a
  621  private provider for plans review and building inspections. A
  622  local jurisdiction must calculate the cost savings to the local
  623  enforcement agency, based on a fee owner or contractor hiring a
  624  private provider to perform plans reviews and building
  625  inspections in lieu of the local building official, and reduce
  626  the permit fees accordingly. The local jurisdiction may not
  627  charge fees for building inspections if the fee owner or
  628  contractor hires a private provider; however, the local
  629  jurisdiction may charge a reasonable administrative fee.
  630         (4) A fee owner or the fee owner’s contractor using a
  631  private provider to provide building code inspection services
  632  shall notify the local building official at the time of permit
  633  application, or by 2 p.m. local time, 2 no less than 7 business
  634  days before prior to the first scheduled inspection by the local
  635  building official or building code enforcement agency for a
  636  private provider performing required inspections of construction
  637  under this section, on a form to be adopted by the commission.
  638  This notice shall include the following information:
  639         (a) The services to be performed by the private provider.
  640         (b) The name, firm, address, telephone number, and
  641  facsimile number of each private provider who is performing or
  642  will perform such services, his or her professional license or
  643  certification number, qualification statements or resumes, and,
  644  if required by the local building official, a certificate of
  645  insurance demonstrating that professional liability insurance
  646  coverage is in place for the private provider’s firm, the
  647  private provider, and any duly authorized representative in the
  648  amounts required by this section.
  649         (c) An acknowledgment from the fee owner in substantially
  650  the following form:
  651  
  652         I have elected to use one or more private providers to
  653         provide building code plans review and/or inspection
  654         services on the building or structure that is the
  655         subject of the enclosed permit application, as
  656         authorized by s. 553.791, Florida Statutes. I
  657         understand that the local building official may not
  658         review the plans submitted or perform the required
  659         building inspections to determine compliance with the
  660         applicable codes, except to the extent specified in
  661         said law. Instead, plans review and/or required
  662         building inspections will be performed by licensed or
  663         certified personnel identified in the application. The
  664         law requires minimum insurance requirements for such
  665         personnel, but I understand that I may require more
  666         insurance to protect my interests. By executing this
  667         form, I acknowledge that I have made inquiry regarding
  668         the competence of the licensed or certified personnel
  669         and the level of their insurance and am satisfied that
  670         my interests are adequately protected. I agree to
  671         indemnify, defend, and hold harmless the local
  672         government, the local building official, and their
  673         building code enforcement personnel from any and all
  674         claims arising from my use of these licensed or
  675         certified personnel to perform building code
  676         inspection services with respect to the building or
  677         structure that is the subject of the enclosed permit
  678         application.
  679  
  680  If the fee owner or the fee owner’s contractor makes any changes
  681  to the listed private providers or the services to be provided
  682  by those private providers, the fee owner or the fee owner’s
  683  contractor shall, within 1 business day after any change, update
  684  the notice to reflect such changes. A change of a duly
  685  authorized representative named in the permit application does
  686  not require a revision of the permit, and the building code
  687  enforcement agency shall not charge a fee for making the change.
  688  In addition, the fee owner or the fee owner’s contractor shall
  689  post at the project site, before prior to the commencement of
  690  construction and updated within 1 business day after any change,
  691  on a form to be adopted by the commission, the name, firm,
  692  address, telephone number, and facsimile number of each private
  693  provider who is performing or will perform building code
  694  inspection services, the type of service being performed, and
  695  similar information for the primary contact of the private
  696  provider on the project.
  697         (5) After construction has commenced and if the local
  698  building official is unable to provide inspection services in a
  699  timely manner, the fee owner or the fee owner’s contractor may
  700  elect to use a private provider to provide inspection services
  701  by notifying the local building official of the owner’s or
  702  contractor’s intention to do so by 2 p.m. local time, 2 no less
  703  than 7 business days before prior to the next scheduled
  704  inspection using the notice provided for in paragraphs (4)(a)
  705  (c).
  706         (6) A private provider performing plans review under this
  707  section shall review the construction plans to determine
  708  compliance with the applicable codes. Upon determining that the
  709  plans reviewed comply with the applicable codes, the private
  710  provider shall prepare an affidavit or affidavits on a form
  711  reasonably acceptable to adopted by the commission certifying,
  712  under oath, that the following is true and correct to the best
  713  of the private provider’s knowledge and belief:
  714         (a) The plans were reviewed by the affiant, who is duly
  715  authorized to perform plans review pursuant to this section and
  716  holds the appropriate license or certificate.
  717         (b) The plans comply with the applicable codes.
  718         (7)(a) No more than 20 30 business days after receipt of a
  719  permit application and the affidavit from the private provider
  720  required pursuant to subsection (6), the local building official
  721  shall issue the requested permit or provide a written notice to
  722  the permit applicant identifying the specific plan features that
  723  do not comply with the applicable codes, as well as the specific
  724  code chapters and sections. If the local building official does
  725  not provide a written notice of the plan deficiencies within the
  726  prescribed 20-day 30-day period, the permit application shall be
  727  deemed approved as a matter of law, and the permit shall be
  728  issued by the local building official on the next business day.
  729         (b) If the local building official provides a written
  730  notice of plan deficiencies to the permit applicant within the
  731  prescribed 20-day 30-day period, the 20-day 30-day period shall
  732  be tolled pending resolution of the matter. To resolve the plan
  733  deficiencies, the permit applicant may elect to dispute the
  734  deficiencies pursuant to subsection (13) or to submit revisions
  735  to correct the deficiencies.
  736         (c) If the permit applicant submits revisions, the local
  737  building official has the remainder of the tolled 20-day 30-day
  738  period plus 5 business days from the date of resubmittal to
  739  issue the requested permit or to provide a second written notice
  740  to the permit applicant stating which of the previously
  741  identified plan features remain in noncompliance with the
  742  applicable codes, with specific reference to the relevant code
  743  chapters and sections. Any subsequent review by the local
  744  building official is limited to the deficiencies cited in the
  745  written notice. If the local building official does not provide
  746  the second written notice within the prescribed time period, the
  747  permit shall be deemed approved as a matter of law, and issued
  748  by the local building official must issue the permit on the next
  749  business day.
  750         (d) If the local building official provides a second
  751  written notice of plan deficiencies to the permit applicant
  752  within the prescribed time period, the permit applicant may
  753  elect to dispute the deficiencies pursuant to subsection (13) or
  754  to submit additional revisions to correct the deficiencies. For
  755  all revisions submitted after the first revision, the local
  756  building official has an additional 5 business days from the
  757  date of resubmittal to issue the requested permit or to provide
  758  a written notice to the permit applicant stating which of the
  759  previously identified plan features remain in noncompliance with
  760  the applicable codes, with specific reference to the relevant
  761  code chapters and sections.
  762         (18) Each local building code enforcement agency may audit
  763  the performance of building code inspection services by private
  764  providers operating within the local jurisdiction. However, the
  765  same private provider may not be audited more than four times in
  766  a calendar year unless the local building official determines a
  767  condition of a building constitutes an immediate threat to
  768  public safety and welfare. Work on a building or structure may
  769  proceed after inspection and approval by a private provider if
  770  the provider has given notice of the inspection pursuant to
  771  subsection (9) and, subsequent to such inspection and approval,
  772  the work shall not be delayed for completion of an inspection
  773  audit by the local building code enforcement agency.
  774         Section 15. This act shall take effect upon becoming a law.
  775  
  776  ================= T I T L E  A M E N D M E N T ================
  777  And the title is amended as follows:
  778         Delete everything before the enacting clause
  779  and insert:
  780                        A bill to be entitled                      
  781         An act relating to community development and housing;
  782         amending s. 125.01055, F.S.; authorizing an
  783         inclusionary housing ordinance to require a developer
  784         to provide a specified number or percentage of
  785         affordable housing units to be included in a
  786         development or allow a developer to contribute to a
  787         housing fund or other alternatives; requiring a county
  788         to provide certain incentives to fully offset all
  789         costs to the developer of its affordable housing
  790         contribution; providing applicability; amending s.
  791         125.022, F.S.; requiring that a county review the
  792         application for completeness and issue a certain
  793         letter within a specified period after receiving an
  794         application for approval of a development permit or
  795         development order; providing procedures for addressing
  796         deficiencies in, and for approving or denying, the
  797         application; providing applicability of certain
  798         timeframes; conforming provisions to changes made by
  799         the act; defining the term “development order”;
  800         amending s. 163.3167, F.S.; providing requirements for
  801         a comprehensive plan adopted after a specified date
  802         and all land development regulations adopted to
  803         implement the comprehensive plan; amending s.
  804         163.3180, F.S.; revising compliance requirements for a
  805         mobility fee-based funding system; requiring a local
  806         government to credit certain contributions,
  807         constructions, expansions, or payments toward any
  808         other impact fee or exaction imposed by local
  809         ordinance for public educational facilities; providing
  810         requirements for the basis of the credit; amending s.
  811         163.31801, F.S.; adding minimum conditions that
  812         certain impact fees must satisfy; requiring a local
  813         government to credit against the collection of an
  814         impact fee any contribution related to public
  815         education facilities, subject to certain requirements;
  816         requiring the holder of certain impact fee credits to
  817         be entitled to a certain benefit if a local government
  818         increases its impact fee rates; providing
  819         applicability; providing that the government, in
  820         certain actions, has the burden of proving by a
  821         preponderance of the evidence that the imposition or
  822         amount of certain required dollar-for-dollar credits
  823         for the payment of impact fees meets certain
  824         requirements; prohibiting the court from using a
  825         deferential standard for the benefit of the
  826         government; authorizing a county, municipality, or
  827         special district to provide an exception or waiver for
  828         an impact fee for the development or construction of
  829         housing that is affordable; providing that if a
  830         county, municipality, or special district provides
  831         such exception or waiver, it is not required to use
  832         any revenues to offset the impact; providing
  833         applicability; amending s. 163.3202, F.S.; requiring
  834         local land development regulations to incorporate
  835         certain preexisting development orders; amending s.
  836         163.3215, F.S.; providing that either party is
  837         entitled to a certain summary procedure in certain
  838         proceedings; requiring the court to advance such cause
  839         on the calendar, subject to certain requirements;
  840         providing that the prevailing party in a certain
  841         challenge to a development order is entitled to
  842         certain attorney fees and costs; amending s. 166.033,
  843         F.S.; requiring that a municipality review the
  844         application for completeness and issue a certain
  845         letter within a specified period after receiving an
  846         application for approval of a development permit or
  847         development order; providing procedures for addressing
  848         deficiencies in, and for approving or denying, the
  849         application; providing applicability of certain
  850         timeframes; conforming provisions to changes made by
  851         the act; defining the term “development order”;
  852         amending s. 166.04151, F.S.; authorizing an
  853         inclusionary housing ordinance to require a developer
  854         to provide a specified number or percentage of
  855         affordable housing units to be included in a
  856         development or allow a developer to contribute to a
  857         housing fund or other alternatives; requiring a
  858         municipality to provide certain incentives to fully
  859         offset all costs to the developer of its affordable
  860         housing contribution; providing applicability;
  861         amending s. 420.502, F.S.; revising legislative
  862         findings for a certain state housing finance strategy;
  863         amending s. 420.503, F.S.; conforming cross
  864         references; defining the term “essential services
  865         personnel”; amending s. 420.5095, F.S.; deleting the
  866         definition of the term “essential services personnel”;
  867         amending s. 252.363, F.S.; providing that the
  868         declaration of a state of emergency issued by the
  869         Governor for a natural emergency tolls the period
  870         remaining to exercise the rights under a permit or
  871         other authorization for the duration of the emergency
  872         declaration; amending s. 553.791, F.S.; providing and
  873         revising definitions; revising legislative intent;
  874         prohibiting a local jurisdiction from charging fees
  875         for building inspections if the fee owner or
  876         contractor hires a private provider; authorizing the
  877         local jurisdiction to charge a reasonable
  878         administrative fee; revising the timeframe within
  879         which an owner or contractor must notify the building
  880         official that he or she is using a certain private
  881         provider; revising the type of affidavit form to be
  882         used by certain private providers under certain
  883         circumstances; revising the timeframe within which a
  884         building official must approve or deny a permit
  885         application; specifying the timeframe within which the
  886         local building official must issue a certain permit or
  887         notice of noncompliance if the permit applicant
  888         submits revisions; limiting a building official’s
  889         review of a resubmitted permit application to
  890         previously identified deficiencies; limiting the
  891         number of times a building official may audit a
  892         private provider, with exceptions; providing an
  893         effective date.