CS for CS for CS for SB 812 First Engrossed (ntc) 2024812e1 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 10,000 residents or more and 25 acres or 75 more of contiguous land that the local government has designated 76 in the local government’s comprehensive plan and future land use 77 map as land that is agricultural or to be developed for 78 residential purposes shall create a program to expedite the 79 process for issuing building permits for residential 80 subdivisions or planned communities in accordance with the 81 Florida Building Code and this section before a final plat is 82 recorded with the clerk of the circuit court. The expedited 83 process must include an application for an applicant to identify 84 the percentage of planned homes, not to exceed 50 percent of the 85 residential subdivision or planned community, or the number of 86 building permits that the governing body must issue for the 87 residential subdivision or planned community. The application or 88 the local government’s final approval may not alter or restrict 89 the applicant from receiving the number of building permits 90 requested, so long as the request does not exceed 50 percent of 91 the planned homes of the residential subdivision or planned 92 community or the number of building permits. This paragraph does 93 not: 94 1. Restrict the governing body from issuing more than 50 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 (b) A governing body that had a program in place before 99 July 1, 2023, to expedite the building permit process, need only 100 update their program to approve an applicant’s written 101 application to issue up to 50 percent of the building permits 102 for the residential subdivision or planned community in order to 103 comply with this section. This paragraph does not restrict a 104 governing body from issuing more than 50 percent of the building 105 permits for the residential subdivision or planned community. 106 (c) By December 31, 2027, the governing body of a county 107 that has 75,000 residents or more and any governing body of a 108 municipality that has 10,000 residents or more and 25 acres or 109 more of contiguous land that the local government has designated 110 in the local government’s comprehensive plan and future land use 111 map as land that is agricultural or to be developed for 112 residential purposes shall update their programs to expedite the 113 process for issuing building permits for residential 114 subdivisions or planned communities in accordance with the 115 Florida Building Code and this section before a final plat is 116 recorded with the clerk of the circuit court. The expedited 117 process must include an application for an applicant to identify 118 the percentage of planned homes, not to exceed 75 percent of the 119 residential subdivision or planned community, or the number of 120 building permits that the governing body must issue for the 121 residential subdivision or planned community. This paragraph 122 does not: 123 1. Restrict the governing body from issuing more than 75 124 percent of the building permits for the residential subdivision 125 or planned community. 126 2. Apply to a county subject to s. 380.0552. 127 (3) A governing body shall create: 128 (a) A two-step application process for the adoption of a 129 preliminary plat, inclusive of any plans, in order to expedite 130 the issuance of building permits under this section. The 131 application must allow an applicant to identify the percentage 132 of planned homes or the number of building permits that the 133 governing body must issue for the residential subdivision or 134 planned community. 135 (b) A master building permit process consistent with s. 136 553.794 for applicants seeking multiple building permits for 137 residential subdivisions or planned communities. For purposes of 138 this paragraph, a master building permit is valid for 3 139 consecutive years after its issuance or until the adoption of a 140 new Florida Building Code, whichever is earlier. After a new 141 Florida Building Code is adopted, the applicant may apply for a 142 new master building permit, which, upon approval, is valid for 3 143 consecutive years. 144 (4)(a) An applicant may use a private provider pursuant to 145 s. 553.791 to expedite the application process for building 146 permits after a preliminary plat is approved under this section. 147 (b) A governing body shall establish a registry of at least 148 three qualified contractors whom the governing body may use to 149 supplement staff resources in ways determined by the governing 150 body for processing and expediting the review of an application 151 for a preliminary plat or any plans related to such application. 152 A qualified contractor on the registry who is hired pursuant to 153 this section to review an application, or any part thereof, for 154 a preliminary plat, or any part thereof, may not have a conflict 155 of interest with the applicant. For purposes of this paragraph, 156 the term “conflict of interest” has the same meaning as in s. 157 112.312. 158 (5) A governing body may work with appropriate local 159 government agencies to issue an address and a temporary parcel 160 identification number for lot lines and lot sizes based on the 161 metes and bounds of the plat contained in the application. 162 (6) The governing body must issue the number or percentage 163 of building permits requested by an applicant in accordance with 164 the Florida Building Code and this section, provided the 165 residential buildings or structures are unoccupied and all of 166 the following conditions are met: 167 (a) The governing body has approved a preliminary plat for 168 each residential subdivision or planned community. 169 (b) The applicant provides proof to the governing body that 170 the applicant has provided a copy of the approved preliminary 171 plat, along with the approved plans, to the relevant electric, 172 gas, water, and wastewater utilities. 173 (c) The applicant holds a valid performance bond for up to 174 130 percent of the necessary improvements, as defined in s. 175 177.031(9), that have not been completed upon submission of the 176 application under this section. For purposes of a master planned 177 community as defined in s. 163.3202(5)(b), a valid performance 178 bond is required on a phase-by-phase basis. 179 (7)(a) An applicant may contract to sell, but may not 180 transfer ownership of, a residential structure or building 181 located in the residential subdivision or planned community 182 until the final plat is approved by the governing body and 183 recorded in the public records by the clerk of the circuit 184 court. 185 (b) An applicant may not obtain a temporary or final 186 certificate of occupancy for each residential structure or 187 building for which a building permit is issued until the final 188 plat is approved by the governing body and recorded in the 189 public records by the clerk of the circuit court. 190 (8) For purposes of this section, an applicant has a vested 191 right in a preliminary plat that has been approved by a 192 governing body if all of the following conditions are met: 193 (a) The applicant relies in good faith on the approved 194 preliminary plat or any amendments thereto. 195 (b) The applicant incurs obligations and expenses, 196 commences construction of the residential subdivision or planned 197 community, and is continuing in good faith with the development 198 of the property. 199 (9) Upon the establishment of an applicant’s vested rights 200 in accordance with subsection (8), a governing body may not make 201 substantive changes to the preliminary plat without the 202 applicant’s written consent. 203 (10) An applicant must indemnify and hold harmless the 204 local government, its governing body, its employees, and its 205 agents from liability or damages resulting from the issuance of 206 a building permit or the construction, reconstruction, or 207 improvement or repair of a residential building or structure, 208 including any associated utilities, located in the residential 209 subdivision or planned community. Additionally, an applicant 210 must indemnify and hold harmless the local government, its 211 governing body, its employees, and its agents from liability or 212 disputes resulting from the issuance of a certificate of 213 occupancy for a residential building or structure that is 214 constructed, reconstructed, improved, or repaired before the 215 approval and recordation of the final plat of the qualified 216 project. This indemnification includes, but is not limited to, 217 any liability and damage resulting from wind, fire, flood, 218 construction defects, bodily injury, and any actions, issues, or 219 disputes arising out of a contract or other agreement between 220 the developer and a utility operating in the residential 221 subdivision or planned community. However, this indemnification 222 does not extend to governmental actions that infringe on the 223 applicant’s vested rights. 224 Section 2. This act shall take effect upon becoming a law.