Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 812 Ì380702wÎ380702 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/24/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Ingoglia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 177.073, Florida Statutes, is created to 6 read: 7 177.073 Expedited approval of residential building permits 8 before a final plat is recorded.— 9 (1) As used in this section, the term: 10 (a) “Applicant” means a homebuilder or developer who files 11 an application with the local governing body to identify the 12 percentage of planned homes, or the number of building permits, 13 that the local governing body must issue for a residential 14 subdivision or planned community. 15 (b) “Final plat” means the final tracing, map, or site plan 16 presented by the subdivider to a governing body for final 17 approval, and, upon approval by the appropriate governing body, 18 is submitted to the clerk of the circuit court for recording. 19 (c) “Local building official” has the same meaning as in s. 20 553.791(1). 21 (d) “Plans” means any building plans, construction plans, 22 engineering plans, or site plans, or their functional 23 equivalent, submitted by an applicant for a building permit. 24 (e) “Preliminary plat” means a map or delineated 25 representation of the subdivision of lands that is a complete 26 and exact representation of the residential subdivision or 27 planned community and contains any additional information needed 28 to be in compliance with the requirements of this chapter. 29 (2)(a) By October 1, 2024, the governing body of a county 30 that has 75,000 residents or more and the governing body of a 31 municipality that has 30,000 residents or more shall create a 32 program to expedite the process for issuing building permits for 33 residential subdivisions or planned communities in accordance 34 with the Florida Building Code and this section before a final 35 plat is recorded with the clerk of the circuit court. The 36 expedited process must include an application for an applicant 37 to identify the percentage of planned homes, not to exceed 50 38 percent of the residential subdivision or planned community, or 39 the number of building permits that the governing body must 40 issue for the residential subdivision or planned community. This 41 paragraph does not: 42 1. Restrict the governing body from issuing more than 50 43 percent of the building permits for the residential subdivision 44 or planned community. 45 2. Apply to a county subject to s. 380.0552. 46 (b) A governing body that had a program in place before 47 July 1, 2023, to expedite the building permit process, need only 48 update their program to approve an applicant’s written 49 application to issue up to 50 percent of the building permits 50 for the residential subdivision or planned community in order to 51 comply with this section. This paragraph does not restrict a 52 governing body from issuing more than 50 percent of the building 53 permits for the residential subdivision or planned community. 54 (c) By December 31, 2027, the governing body of a county 55 that has 75,000 residents or more and the governing body of a 56 municipality that has 30,000 residents or more shall update its 57 program to expedite the process for issuing building permits for 58 residential subdivisions or planned communities in accordance 59 with the Florida Building Code and this section before a final 60 plat is recorded with the clerk of the circuit court. The 61 expedited process must include an application for an applicant 62 to identify the percentage of planned homes, not to exceed 75 63 percent of the residential subdivision or planned community, or 64 the number of building permits that the governing body must 65 issue for the residential subdivision or planned community. This 66 paragraph does not: 67 1. Restrict the governing body from issuing more than 75 68 percent of the building permits for the residential subdivision 69 or planned community. 70 2. Apply to a county subject to s. 380.0552. 71 (3) A governing body shall create: 72 (a) A two-step application process for the adoption of a 73 preliminary plat, inclusive of any plans, in order to expedite 74 the issuance of building permits under this section. The 75 application must allow an applicant to identify the percentage 76 of planned homes or the number of building permits that the 77 governing body must issue for the residential subdivision or 78 planned community. 79 (b) A master building permit process consistent with s. 80 553.794 for applicants seeking multiple building permits for 81 residential subdivisions or planned communities. For purposes of 82 this paragraph, a master building permit is valid for 3 83 consecutive years after its issuance or until the adoption of a 84 new Florida Building Code, whichever is earlier. After a new 85 Florida Building Code is adopted, the applicant may apply for a 86 new master building permit, which, upon approval, is valid for 3 87 consecutive years. 88 (4) An applicant may use a private provider consistent with 89 s. 553.791 to expedite the application process as described in 90 this section. 91 (5) A governing body may work with appropriate local 92 government agencies to issue an address and a temporary parcel 93 identification number for lot lines and lot sizes based on the 94 metes and bounds of the plat contained in the application. 95 (6) The governing body must issue the number or percentage 96 of building permits requested by an applicant in accordance with 97 the Florida Building Code and this section, provided the 98 residential buildings or structures are unoccupied and all of 99 the following conditions are met: 100 (a) The governing body has approved a preliminary plat for 101 each residential subdivision or planned community. 102 (b) The applicant provides proof to the governing body that 103 the applicant has provided a copy of the approved preliminary 104 plat, along with the approved plans, to the relevant electric, 105 gas, water, and wastewater utilities. 106 (c) The applicant holds a valid performance bond for up to 107 130 percent of the necessary improvements, as defined in s. 108 177.031(9), that have not been completed upon submission of the 109 application under this section. For purposes of a master planned 110 community as defined in s. 163.3202(5)(b), a valid performance 111 bond is required on a phase-by-phase basis. 112 (7)(a) An applicant may contract to sell, but may not 113 transfer ownership of, a residential structure or building 114 located in the residential subdivision or planned community 115 until the final plat is approved by the governing body and 116 recorded in the public records by the clerk of the circuit 117 court. 118 (b) An applicant may not obtain a final certificate of 119 occupancy for each residential structure or building for which a 120 building permit is issued until the final plat is approved by 121 the governing body and recorded in the public records by the 122 clerk of the circuit court. 123 (8) For purposes of this section, an applicant has a vested 124 right in a preliminary plat that has been approved by a 125 governing body if all of the following conditions are met: 126 (a) The applicant relies in good faith on the approved 127 preliminary plat or any amendments thereto. 128 (b) The applicant incurs obligations and expenses, 129 commences construction of the residential subdivision or planned 130 community, and is continuing in good faith with the development 131 of the property. 132 (9) Upon the establishment of an applicant’s vested rights 133 in accordance with subsection (8), a governing body may not make 134 substantive changes to the preliminary plat without the 135 applicant’s written consent. 136 (10) An applicant must indemnify and hold harmless the 137 local government, its governing body, its employees, and its 138 agents from liability or damages resulting from the issuance of 139 a building permit or the construction, reconstruction, or 140 improvement or repair of a residential building or structure, 141 including any associated utilities, located in the residential 142 subdivision or planned community. Additionally, an applicant 143 must indemnify and hold harmless the local government, its 144 governing body, its employees, and its agents from liability or 145 disputes resulting from the issuance of a certificate of 146 occupancy for a residential building or structure that is 147 constructed, reconstructed, improved, or repaired before the 148 approval and recordation of the final plat of the qualified 149 project. This indemnification includes, but is not limited to, 150 any liability and damage resulting from wind, fire, flood, 151 construction defects, bodily injury, and any actions, issues, or 152 disputes arising out of a contract or other agreement between 153 the developer and a utility operating in the residential 154 subdivision or planned community. However, this indemnification 155 does not extend to governmental actions that infringe on the 156 applicant’s vested rights. 157 Section 2. This act shall take effect upon becoming a law. 158 159 ================= T I T L E A M E N D M E N T ================ 160 And the title is amended as follows: 161 Delete everything before the enacting clause 162 and insert: 163 A bill to be entitled 164 An act relating to expedited approval of residential 165 building permits; creating s. 177.073, F.S.; providing 166 definitions; requiring certain governing bodies, by a 167 date certain, to create a program to expedite the 168 process for issuing residential building permits 169 before a final plat is recorded; requiring the 170 expedited process to include a certain application; 171 requiring certain governing bodies to update its 172 program in a specified manner; providing 173 applicability; requiring a governing body to create 174 certain processes for purposes of the program; 175 authorizing applicants to use a private provider to 176 expedite the process for certain building permits; 177 authorizing a governing body to issue addresses and 178 temporary parcel identification numbers for specified 179 purposes; requiring a governing body to issue a 180 specified number or percentage of building permits 181 requested in an application when certain conditions 182 are met; setting forth certain conditions for 183 applicants who apply to the program; providing that an 184 applicant has a vested right in an approved 185 preliminary plat when certain conditions are met; 186 prohibiting a governing body from making substantive 187 changes to a preliminary plat without written consent; 188 requiring an applicant to indemnify and hold harmless 189 certain entities and persons; providing an exception; 190 providing an effective date.