Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 812
       
       
       
       
       
       
                                Ì380702wÎ380702                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/24/2024           .                                
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       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         177.073Expedited 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.