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         177.073Expedited 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.