Florida Senate - 2024                CS for CS for CS for SB 812
       
       
        
       By the Committees on Rules; Regulated Industries; and Community
       Affairs; and Senator Ingoglia
       
       
       
       
       595-03342-24                                           2024812c3
    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         requiring a governing body to establish a registry of
   19         qualified contractors for a specified purpose;
   20         prohibiting such qualified contractors hired to review
   21         an application from having a conflict of interest with
   22         the applicant; defining the term “conflict of
   23         interest”; authorizing a governing body to issue
   24         addresses and temporary parcel identification numbers
   25         for specified purposes; requiring a governing body to
   26         issue a specified number or percentage of building
   27         permits requested in an application when certain
   28         conditions are met; setting forth certain conditions
   29         for applicants who apply to the program; providing
   30         that an applicant has a vested right in an approved
   31         preliminary plat when certain conditions are met;
   32         prohibiting a governing body from making substantive
   33         changes to a preliminary plat without written consent;
   34         requiring an applicant to indemnify and hold harmless
   35         certain entities and persons; providing an exception;
   36         providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 177.073, Florida Statutes, is created to
   41  read:
   42         177.073Expedited approval of residential building permits
   43  before a final plat is recorded.—
   44         (1)As used in this section, the term:
   45         (a)“Applicant” means a homebuilder or developer who files
   46  an application with the local governing body to identify the
   47  percentage of planned homes, or the number of building permits,
   48  that the local governing body must issue for a residential
   49  subdivision or planned community.
   50         (b)“Final plat” means the final tracing, map, or site plan
   51  presented by the subdivider to a governing body for final
   52  approval, and, upon approval by the appropriate governing body,
   53  is submitted to the clerk of the circuit court for recording.
   54         (c)“Local building official” has the same meaning as in s.
   55  553.791(1).
   56         (d)“Plans” means any building plans, construction plans,
   57  engineering plans, or site plans, or their functional
   58  equivalent, submitted by an applicant for a building permit.
   59         (e)“Preliminary plat” means a map or delineated
   60  representation of the subdivision of lands that is a complete
   61  and exact representation of the residential subdivision or
   62  planned community and contains any additional information needed
   63  to be in compliance with the requirements of this chapter.
   64         (f)“Qualified contractor” includes, but is not limited to,
   65  an engineer or engineering firm licensed under chapter 471; a
   66  surveyor or mapper or a surveyor’s or mapper’s firm licensed
   67  under chapter 472; an architect or architecture firm licensed
   68  under part I of chapter 481; a landscape architect or landscape
   69  architecture firm registered under part II of chapter 481; or
   70  any other qualified professional who is certified in urban
   71  planning or environmental management.
   72         (2)(a)By October 1, 2024, the governing body of a county
   73  that has 75,000 residents or more and any governing body of a
   74  municipality that has 25 acres or more of contiguous land that
   75  the local government has designated in the local government’s
   76  comprehensive plan and future land use map as land that is
   77  agricultural or to be developed for residential purposes shall
   78  create a program to expedite the process for issuing building
   79  permits for residential subdivisions or planned communities in
   80  accordance with the Florida Building Code and this section
   81  before a final plat is recorded with the clerk of the circuit
   82  court. The expedited process must include an application for an
   83  applicant to identify the percentage of planned homes, not to
   84  exceed 50 percent of the residential subdivision or planned
   85  community, or the number of building permits that the governing
   86  body must issue for the residential subdivision or planned
   87  community. The application or the local government’s final
   88  approval may not alter or restrict the applicant from receiving
   89  the number of building permits requested, so long as the request
   90  does not exceed 50 percent of the planned homes of the
   91  residential subdivision or planned community or the number of
   92  building permits. This paragraph does not:
   93         1.Restrict the governing body from issuing more than 50
   94  percent of the building permits for the residential subdivision
   95  or planned community.
   96         2.Apply to a county subject to s. 380.0552.
   97         (b)A governing body that had a program in place before
   98  July 1, 2023, to expedite the building permit process, need only
   99  update their program to approve an applicant’s written
  100  application to issue up to 50 percent of the building permits
  101  for the residential subdivision or planned community in order to
  102  comply with this section. This paragraph does not restrict a
  103  governing body from issuing more than 50 percent of the building
  104  permits for the residential subdivision or planned community.
  105         (c)By December 31, 2027, the governing body of a county
  106  that has 75,000 residents or more and any governing body of a
  107  municipality that has 25 acres or more of contiguous land that
  108  the local government has designated in the local government’s
  109  comprehensive plan and future land use map as land that is
  110  agricultural or to be developed for residential purposes shall
  111  update their programs to expedite the process for issuing
  112  building permits for residential subdivisions or planned
  113  communities in accordance with the Florida Building Code and
  114  this section before a final plat is recorded with the clerk of
  115  the circuit court. The expedited process must include an
  116  application for an applicant to identify the percentage of
  117  planned homes, not to exceed 75 percent of the residential
  118  subdivision or planned community, or the number of building
  119  permits that the governing body must issue for the residential
  120  subdivision or planned community. This paragraph does not:
  121         1.Restrict the governing body from issuing more than 75
  122  percent of the building permits for the residential subdivision
  123  or planned community.
  124         2.Apply to a county subject to s. 380.0552.
  125         (3)A governing body shall create:
  126         (a)A two-step application process for the adoption of a
  127  preliminary plat, inclusive of any plans, in order to expedite
  128  the issuance of building permits under this section. The
  129  application must allow an applicant to identify the percentage
  130  of planned homes or the number of building permits that the
  131  governing body must issue for the residential subdivision or
  132  planned community.
  133         (b)A master building permit process consistent with s.
  134  553.794 for applicants seeking multiple building permits for
  135  residential subdivisions or planned communities. For purposes of
  136  this paragraph, a master building permit is valid for 3
  137  consecutive years after its issuance or until the adoption of a
  138  new Florida Building Code, whichever is earlier. After a new
  139  Florida Building Code is adopted, the applicant may apply for a
  140  new master building permit, which, upon approval, is valid for 3
  141  consecutive years.
  142         (4)(a)An applicant may use a private provider pursuant to
  143  s. 553.791 to expedite the application process for building
  144  permits after a preliminary plat is approved under this section.
  145         (b)A governing body shall establish a registry of at least
  146  three qualified contractors whom the governing body may use to
  147  supplement staff resources in ways determined by the governing
  148  body for processing and expediting the review of an application
  149  for a preliminary plat or any plans related to such application.
  150  A qualified contractor on the registry who is hired pursuant to
  151  this section to review an application, or any part thereof, for
  152  a preliminary plat, or any part thereof, may not have a conflict
  153  of interest with the applicant. For purposes of this paragraph,
  154  the term “conflict of interest” has the same meaning as in s.
  155  112.312.
  156         (5)A governing body may work with appropriate local
  157  government agencies to issue an address and a temporary parcel
  158  identification number for lot lines and lot sizes based on the
  159  metes and bounds of the plat contained in the application.
  160         (6)The governing body must issue the number or percentage
  161  of building permits requested by an applicant in accordance with
  162  the Florida Building Code and this section, provided the
  163  residential buildings or structures are unoccupied and all of
  164  the following conditions are met:
  165         (a)The governing body has approved a preliminary plat for
  166  each residential subdivision or planned community.
  167         (b)The applicant provides proof to the governing body that
  168  the applicant has provided a copy of the approved preliminary
  169  plat, along with the approved plans, to the relevant electric,
  170  gas, water, and wastewater utilities.
  171         (c)The applicant holds a valid performance bond for up to
  172  130 percent of the necessary improvements, as defined in s.
  173  177.031(9), that have not been completed upon submission of the
  174  application under this section. For purposes of a master planned
  175  community as defined in s. 163.3202(5)(b), a valid performance
  176  bond is required on a phase-by-phase basis.
  177         (7)(a)An applicant may contract to sell, but may not
  178  transfer ownership of, a residential structure or building
  179  located in the residential subdivision or planned community
  180  until the final plat is approved by the governing body and
  181  recorded in the public records by the clerk of the circuit
  182  court.
  183         (b)An applicant may not obtain a temporary or final
  184  certificate of occupancy for each residential structure or
  185  building for which a building permit is issued until the final
  186  plat is approved by the governing body and recorded in the
  187  public records by the clerk of the circuit court.
  188         (8)For purposes of this section, an applicant has a vested
  189  right in a preliminary plat that has been approved by a
  190  governing body if all of the following conditions are met:
  191         (a)The applicant relies in good faith on the approved
  192  preliminary plat or any amendments thereto.
  193         (b)The applicant incurs obligations and expenses,
  194  commences construction of the residential subdivision or planned
  195  community, and is continuing in good faith with the development
  196  of the property.
  197         (9)Upon the establishment of an applicant’s vested rights
  198  in accordance with subsection (8), a governing body may not make
  199  substantive changes to the preliminary plat without the
  200  applicant’s written consent.
  201         (10)An applicant must indemnify and hold harmless the
  202  local government, its governing body, its employees, and its
  203  agents from liability or damages resulting from the issuance of
  204  a building permit or the construction, reconstruction, or
  205  improvement or repair of a residential building or structure,
  206  including any associated utilities, located in the residential
  207  subdivision or planned community. Additionally, an applicant
  208  must indemnify and hold harmless the local government, its
  209  governing body, its employees, and its agents from liability or
  210  disputes resulting from the issuance of a certificate of
  211  occupancy for a residential building or structure that is
  212  constructed, reconstructed, improved, or repaired before the
  213  approval and recordation of the final plat of the qualified
  214  project. This indemnification includes, but is not limited to,
  215  any liability and damage resulting from wind, fire, flood,
  216  construction defects, bodily injury, and any actions, issues, or
  217  disputes arising out of a contract or other agreement between
  218  the developer and a utility operating in the residential
  219  subdivision or planned community. However, this indemnification
  220  does not extend to governmental actions that infringe on the
  221  applicant’s vested rights.
  222         Section 2. This act shall take effect upon becoming a law.