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         177.073Expedited 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.