Florida Senate - 2024 CS for SB 812 By the Committee on Community Affairs; and Senator Ingoglia 578-02371-24 2024812c1 1 A bill to be entitled 2 An act relating to expedited approval of residential 3 building permits; creating s. 177.073, F.S.; providing 4 definitions; requiring certain governing bodies, by a 5 date certain, to create a program to expedite the 6 process for issuing residential building permits 7 before a final plat is recorded; requiring the 8 expedited process to include a certain application; 9 requiring certain governing bodies to update its 10 program in a specified manner; providing 11 applicability; requiring a governing body to create 12 certain processes for purposes of the program; 13 authorizing applicants to use a private provider to 14 expedite the process for certain building permits; 15 authorizing a governing body to issue addresses and 16 temporary parcel identification numbers for specified 17 purposes; requiring a governing body to issue a 18 specified number or percentage of building permits 19 requested in an application when certain conditions 20 are met; setting forth certain conditions for 21 applicants who apply to the program; providing that an 22 applicant has a vested right in an approved 23 preliminary plat when certain conditions are met; 24 prohibiting a governing body from making substantive 25 changes to a preliminary plat without written consent; 26 requiring an applicant to indemnify and hold harmless 27 certain entities and persons; providing an exception; 28 providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 177.073, Florida Statutes, is created to 33 read: 34 177.073 Expedited approval of residential building permits 35 before a final plat is recorded.— 36 (1) As used in this section, the term: 37 (a) “Applicant” means a homebuilder or developer who files 38 an application with the local governing body to identify the 39 percentage of planned homes, or the number of building permits, 40 that the local governing body must issue for a residential 41 subdivision or planned community. 42 (b) “Final plat” means the final tracing, map, or site plan 43 presented by the subdivider to a governing body for final 44 approval, and, upon approval by the appropriate governing body, 45 is submitted to the clerk of the circuit court for recording. 46 (c) “Local building official” has the same meaning as in s. 47 553.791(1). 48 (d) “Plans” means any building plans, construction plans, 49 engineering plans, or site plans, or their functional 50 equivalent, submitted by an applicant for a building permit. 51 (e) “Preliminary plat” means a map or delineated 52 representation of the subdivision of lands that is a complete 53 and exact representation of the residential subdivision or 54 planned community and contains any additional information needed 55 to be in compliance with the requirements of this chapter. 56 (2)(a) By October 1, 2024, the governing body of a county 57 that has 75,000 residents or more and the governing body of a 58 municipality that has 30,000 residents or more shall create a 59 program to expedite the process for issuing building permits for 60 residential subdivisions or planned communities in accordance 61 with the Florida Building Code and this section before a final 62 plat is recorded with the clerk of the circuit court. The 63 expedited process must include an application for an applicant 64 to identify the percentage of planned homes, not to exceed 50 65 percent of the residential subdivision or planned community, or 66 the number of building permits that the governing body must 67 issue for the residential subdivision or planned community. This 68 paragraph does not: 69 1. Restrict the governing body from issuing more than 50 70 percent of the building permits for the residential subdivision 71 or planned community. 72 2. Apply to a county subject to s. 380.0552. 73 (b) A governing body that had a program in place before 74 July 1, 2023, to expedite the building permit process, need only 75 update their program to approve an applicant’s written 76 application to issue up to 50 percent of the building permits 77 for the residential subdivision or planned community in order to 78 comply with this section. This paragraph does not restrict a 79 governing body from issuing more than 50 percent of the building 80 permits for the residential subdivision or planned community. 81 (c) By December 31, 2027, the governing body of a county 82 that has 75,000 residents or more and the governing body of a 83 municipality that has 30,000 residents or more shall update its 84 program to expedite the process for issuing building permits for 85 residential subdivisions or planned communities in accordance 86 with the Florida Building Code and this section before a final 87 plat is recorded with the clerk of the circuit court. The 88 expedited process must include an application for an applicant 89 to identify the percentage of planned homes, not to exceed 75 90 percent of the residential subdivision or planned community, or 91 the number of building permits that the governing body must 92 issue for the residential subdivision or planned community. This 93 paragraph does not: 94 1. Restrict the governing body from issuing more than 75 95 percent of the building permits for the residential subdivision 96 or planned community. 97 2. Apply to a county subject to s. 380.0552. 98 (3) A governing body shall create: 99 (a) A two-step application process for the adoption of a 100 preliminary plat, inclusive of any plans, in order to expedite 101 the issuance of building permits under this section. The 102 application must allow an applicant to identify the percentage 103 of planned homes or the number of building permits that the 104 governing body must issue for the residential subdivision or 105 planned community. 106 (b) A master building permit process consistent with s. 107 553.794 for applicants seeking multiple building permits for 108 residential subdivisions or planned communities. For purposes of 109 this paragraph, a master building permit is valid for 3 110 consecutive years after its issuance or until the adoption of a 111 new Florida Building Code, whichever is earlier. After a new 112 Florida Building Code is adopted, the applicant may apply for a 113 new master building permit, which, upon approval, is valid for 3 114 consecutive years. 115 (4) An applicant may use a private provider consistent with 116 s. 553.791 to expedite the application process as described in 117 this section. 118 (5) A governing body may work with appropriate local 119 government agencies to issue an address and a temporary parcel 120 identification number for lot lines and lot sizes based on the 121 metes and bounds of the plat contained in the application. 122 (6) The governing body must issue the number or percentage 123 of building permits requested by an applicant in accordance with 124 the Florida Building Code and this section, provided the 125 residential buildings or structures are unoccupied and all of 126 the following conditions are met: 127 (a) The governing body has approved a preliminary plat for 128 each residential subdivision or planned community. 129 (b) The applicant provides proof to the governing body that 130 the applicant has provided a copy of the approved preliminary 131 plat, along with the approved plans, to the relevant electric, 132 gas, water, and wastewater utilities. 133 (c) The applicant holds a valid performance bond for up to 134 130 percent of the necessary improvements, as defined in s. 135 177.031(9), that have not been completed upon submission of the 136 application under this section. For purposes of a master planned 137 community as defined in s. 163.3202(5)(b), a valid performance 138 bond is required on a phase-by-phase basis. 139 (7)(a) An applicant may contract to sell, but may not 140 transfer ownership of, a residential structure or building 141 located in the residential subdivision or planned community 142 until the final plat is approved by the governing body and 143 recorded in the public records by the clerk of the circuit 144 court. 145 (b) An applicant may not obtain a final certificate of 146 occupancy for each residential structure or building for which a 147 building permit is issued until the final plat is approved by 148 the governing body and recorded in the public records by the 149 clerk of the circuit court. 150 (8) For purposes of this section, an applicant has a vested 151 right in a preliminary plat that has been approved by a 152 governing body if all of the following conditions are met: 153 (a) The applicant relies in good faith on the approved 154 preliminary plat or any amendments thereto. 155 (b) The applicant incurs obligations and expenses, 156 commences construction of the residential subdivision or planned 157 community, and is continuing in good faith with the development 158 of the property. 159 (9) Upon the establishment of an applicant’s vested rights 160 in accordance with subsection (8), a governing body may not make 161 substantive changes to the preliminary plat without the 162 applicant’s written consent. 163 (10) An applicant must indemnify and hold harmless the 164 local government, its governing body, its employees, and its 165 agents from liability or damages resulting from the issuance of 166 a building permit or the construction, reconstruction, or 167 improvement or repair of a residential building or structure, 168 including any associated utilities, located in the residential 169 subdivision or planned community. Additionally, an applicant 170 must indemnify and hold harmless the local government, its 171 governing body, its employees, and its agents from liability or 172 disputes resulting from the issuance of a certificate of 173 occupancy for a residential building or structure that is 174 constructed, reconstructed, improved, or repaired before the 175 approval and recordation of the final plat of the qualified 176 project. This indemnification includes, but is not limited to, 177 any liability and damage resulting from wind, fire, flood, 178 construction defects, bodily injury, and any actions, issues, or 179 disputes arising out of a contract or other agreement between 180 the developer and a utility operating in the residential 181 subdivision or planned community. However, this indemnification 182 does not extend to governmental actions that infringe on the 183 applicant’s vested rights. 184 Section 2. This act shall take effect upon becoming a law.