Florida Senate - 2024 CS for CS for SB 812 By the Committees on Regulated Industries; and Community Affairs; and Senator Ingoglia 580-02914-24 2024812c2 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 each 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 prohibiting the application or local government final 10 approval from altering or restricting the number of 11 building permits requested under certain 12 circumstances; requiring certain governing bodies to 13 update their program in a specified manner; providing 14 applicability; requiring a governing body to create 15 certain processes for purposes of the program; 16 authorizing applicants to use a private provider to 17 expedite the process for certain building permits; 18 authorizing a governing body to issue addresses and 19 temporary parcel identification numbers for specified 20 purposes; requiring a governing body to issue a 21 specified number or percentage of building permits 22 requested in an application when certain conditions 23 are met; setting forth certain conditions for 24 applicants who apply to the program; providing that an 25 applicant has a vested right in an approved 26 preliminary plat when certain conditions are met; 27 prohibiting a governing body from making substantive 28 changes to a preliminary plat without written consent; 29 requiring an applicant to indemnify and hold harmless 30 certain entities and persons; providing an exception; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 177.073, Florida Statutes, is created to 36 read: 37 177.073 Expedited approval of residential building permits 38 before a final plat is recorded.— 39 (1) As used in this section, the term: 40 (a) “Applicant” means a homebuilder or developer who files 41 an application with the local governing body to identify the 42 percentage of planned homes, or the number of building permits, 43 that the local governing body must issue for a residential 44 subdivision or planned community. 45 (b) “Final plat” means the final tracing, map, or site plan 46 presented by the subdivider to a governing body for final 47 approval, and, upon approval by the appropriate governing body, 48 is submitted to the clerk of the circuit court for recording. 49 (c) “Local building official” has the same meaning as in s. 50 553.791(1). 51 (d) “Plans” means any building plans, construction plans, 52 engineering plans, or site plans, or their functional 53 equivalent, submitted by an applicant for a building permit. 54 (e) “Preliminary plat” means a map or delineated 55 representation of the subdivision of lands that is a complete 56 and exact representation of the residential subdivision or 57 planned community and contains any additional information needed 58 to be in compliance with the requirements of this chapter. 59 (2)(a) By October 1, 2024, the governing body of a county 60 that has 75,000 residents or more and the governing body of a 61 municipality that has 30,000 residents or more shall each create 62 a program to expedite the process for issuing building permits 63 for residential subdivisions or planned communities in 64 accordance with the Florida Building Code and this section 65 before a final plat is recorded with the clerk of the circuit 66 court. The expedited process must include an application for an 67 applicant to identify the percentage of planned homes, not to 68 exceed 50 percent of the residential subdivision or planned 69 community, or the number of building permits that the governing 70 body must issue for the residential subdivision or planned 71 community. The application or the local government’s final 72 approval may not alter or restrict the applicant from receiving 73 the number of building permits requested, so long as the request 74 does not exceed 50 percent of the planned homes of the 75 residential subdivision or planned community or the number of 76 building permits. This paragraph does not: 77 1. Restrict the governing body from issuing more than 50 78 percent of the building permits for the residential subdivision 79 or planned community. 80 2. Apply to a county subject to s. 380.0552. 81 3. Apply to a municipality with 25 acres or less of 82 contiguous land zoned for residential development or 83 agricultural purposes. 84 (b) A governing body that had a program in place before 85 July 1, 2023, to expedite the building permit process, need only 86 update their program to approve an applicant’s written 87 application to issue up to 50 percent of the building permits 88 for the residential subdivision or planned community in order to 89 comply with this section. This paragraph does not restrict a 90 governing body from issuing more than 50 percent of the building 91 permits for the residential subdivision or planned community. 92 (c) By December 31, 2027, the governing body of a county 93 that has 75,000 residents or more and the governing body of a 94 municipality that has 30,000 residents or more shall update 95 their programs to expedite the process for issuing building 96 permits for residential subdivisions or planned communities in 97 accordance with the Florida Building Code and this section 98 before a final plat is recorded with the clerk of the circuit 99 court. The expedited process must include an application for an 100 applicant to identify the percentage of planned homes, not to 101 exceed 75 percent of the residential subdivision or planned 102 community, or the number of building permits that the governing 103 body must issue for the residential subdivision or planned 104 community. This paragraph does not: 105 1. Restrict the governing body from issuing more than 75 106 percent of the building permits for the residential subdivision 107 or planned community. 108 2. Apply to a county subject to s. 380.0552. 109 3. Apply to a municipality with 25 acres or less of land 110 zoned for residential development or agricultural purposes. 111 (3) A governing body shall create: 112 (a) A two-step application process for the adoption of a 113 preliminary plat, inclusive of any plans, in order to expedite 114 the issuance of building permits under this section. The 115 application must allow an applicant to identify the percentage 116 of planned homes or the number of building permits that the 117 governing body must issue for the residential subdivision or 118 planned community. 119 (b) A master building permit process consistent with s. 120 553.794 for applicants seeking multiple building permits for 121 residential subdivisions or planned communities. For purposes of 122 this paragraph, a master building permit is valid for 3 123 consecutive years after its issuance or until the adoption of a 124 new Florida Building Code, whichever is earlier. After a new 125 Florida Building Code is adopted, the applicant may apply for a 126 new master building permit, which, upon approval, is valid for 3 127 consecutive years. 128 (4) An applicant may use a private provider consistent with 129 s. 553.791 to expedite the application process as described in 130 this section. 131 (5) A governing body may work with appropriate local 132 government agencies to issue an address and a temporary parcel 133 identification number for lot lines and lot sizes based on the 134 metes and bounds of the plat contained in the application. 135 (6) The governing body must issue the number or percentage 136 of building permits requested by an applicant in accordance with 137 the Florida Building Code and this section, provided the 138 residential buildings or structures are unoccupied and all of 139 the following conditions are met: 140 (a) The governing body has approved a preliminary plat for 141 each residential subdivision or planned community. 142 (b) The applicant provides proof to the governing body that 143 the applicant has provided a copy of the approved preliminary 144 plat, along with the approved plans, to the relevant electric, 145 gas, water, and wastewater utilities. 146 (c) The applicant holds a valid performance bond for up to 147 130 percent of the necessary improvements, as defined in s. 148 177.031(9), that have not been completed upon submission of the 149 application under this section. For purposes of a master planned 150 community as defined in s. 163.3202(5)(b), a valid performance 151 bond is required on a phase-by-phase basis. 152 (7)(a) An applicant may contract to sell, but may not 153 transfer ownership of, a residential structure or building 154 located in the residential subdivision or planned community 155 until the final plat is approved by the governing body and 156 recorded in the public records by the clerk of the circuit 157 court. 158 (b) An applicant may not obtain a temporary or final 159 certificate of occupancy for each residential structure or 160 building for which a building permit is issued until the final 161 plat is approved by the governing body and recorded in the 162 public records by the clerk of the circuit court. 163 (8) For purposes of this section, an applicant has a vested 164 right in a preliminary plat that has been approved by a 165 governing body if all of the following conditions are met: 166 (a) The applicant relies in good faith on the approved 167 preliminary plat or any amendments thereto. 168 (b) The applicant incurs obligations and expenses, 169 commences construction of the residential subdivision or planned 170 community, and is continuing in good faith with the development 171 of the property. 172 (9) Upon the establishment of an applicant’s vested rights 173 in accordance with subsection (8), a governing body may not make 174 substantive changes to the preliminary plat without the 175 applicant’s written consent. 176 (10) An applicant must indemnify and hold harmless the 177 local government, its governing body, its employees, and its 178 agents from liability or damages resulting from the issuance of 179 a building permit or the construction, reconstruction, or 180 improvement or repair of a residential building or structure, 181 including any associated utilities, located in the residential 182 subdivision or planned community. Additionally, an applicant 183 must indemnify and hold harmless the local government, its 184 governing body, its employees, and its agents from liability or 185 disputes resulting from the issuance of a certificate of 186 occupancy for a residential building or structure that is 187 constructed, reconstructed, improved, or repaired before the 188 approval and recordation of the final plat of the qualified 189 project. This indemnification includes, but is not limited to, 190 any liability and damage resulting from wind, fire, flood, 191 construction defects, bodily injury, and any actions, issues, or 192 disputes arising out of a contract or other agreement between 193 the developer and a utility operating in the residential 194 subdivision or planned community. However, this indemnification 195 does not extend to governmental actions that infringe on the 196 applicant’s vested rights. 197 Section 2. This act shall take effect upon becoming a law.