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: 42 177.073 Expedited 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.