Florida Senate - 2025 SB 1080
By Senator McClain
9-00728B-25 20251080__
1 A bill to be entitled
2 An act relating to local government land regulation;
3 amending s. 125.022, F.S.; requiring counties to meet
4 specified requirements regarding the minimum
5 information necessary for certain applications;
6 revising timeframes for processing applications for
7 approval of development permits or development orders;
8 prohibiting counties from limiting the number of
9 quasi-judicial or public hearings held each month in
10 certain circumstances; defining the term “substantive
11 change”; providing refund parameters in situations
12 where the county fails to meet certain timeframes;
13 providing exceptions; amending s. 163.3184, F.S.;
14 revising the expedited state review process for
15 adoption of comprehensive plan amendments; amending s.
16 166.033, F.S.; requiring municipalities to meet
17 specified requirements regarding the minimum
18 information necessary for certain applications;
19 revising timeframes for processing applications for
20 approval of development permits or development orders;
21 prohibiting municipalities from limiting the number of
22 quasi-judicial or public hearings held each month in
23 certain circumstances; defining the term “substantive
24 change”; providing refund parameters in situations
25 where the municipality fails to meet certain
26 timeframes; providing exceptions; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 125.022, Florida Statutes, is amended to
32 read:
33 125.022 Development permits and orders.—
34 (1) A county shall specify in writing the minimum
35 information that must be submitted in an application for a
36 zoning approval, rezoning approval, subdivision approval,
37 certification, special exception, or variance. A county shall
38 make the minimum information available for inspection and
39 copying at the location where the county receives applications
40 for development permits and orders, provide the information to
41 the applicant at a preapplication meeting, or post the
42 information on the county’s website.
43 (2) Within 5 business days after receiving an application
44 for approval of a development permit or development order, a
45 county shall confirm receipt of the application using contact
46 information provided by the applicant. Within 30 days after
47 receiving an application for approval of a development permit or
48 development order, a county must review the application for
49 completeness and issue a written notification to the applicant
50 letter indicating that all required information is submitted or
51 specify in writing specifying with particularity any areas that
52 are deficient. If the application is deficient, the applicant
53 has 30 days to address the deficiencies by submitting the
54 required additional information. For applications that do not
55 require final action through a quasi-judicial hearing or a
56 public hearing, the county must approve, approve with
57 conditions, or deny the application for a development permit or
58 development order within 120 days after the county has deemed
59 the application complete., or 180 days For applications that
60 require final action through a quasi-judicial hearing or a
61 public hearing, the county must approve, approve with
62 conditions, or deny the application for a development permit or
63 development order within 180 days after the county has deemed
64 the application complete. A county may not limit the number of
65 quasi-judicial hearings or public hearings held each month if
66 such limitation causes any delay in the consideration of an
67 application for approval of a development permit or development
68 order. Both parties may agree in writing to a reasonable request
69 for an extension of time, particularly in the event of a force
70 majeure or other extraordinary circumstance. An approval,
71 approval with conditions, or denial of the application for a
72 development permit or development order must include written
73 findings supporting the county’s decision. The timeframes
74 contained in this subsection do not apply in an area of critical
75 state concern, as designated in s. 380.0552. The timeframes
76 contained in this subsection restart if an applicant makes a
77 substantive change to the application. As used in this
78 subsection, the term “substantive change” means an applicant
79 initiated change of 15 percent or more in the proposed density,
80 intensity, or square footage of a parcel.
81 (3)(a)(2)(a) When reviewing an application for a
82 development permit or development order that is certified by a
83 professional listed in s. 403.0877, a county may not request
84 additional information from the applicant more than three times,
85 unless the applicant waives the limitation in writing.
86 (b) If a county makes a request for additional information
87 and the applicant submits the required additional information
88 within 30 days after receiving the request, the county must
89 review the application for completeness and issue a letter
90 indicating that all required information has been submitted or
91 specify with particularity any areas that are deficient within
92 30 days after receiving the additional information.
93 (c) If a county makes a second request for additional
94 information and the applicant submits the required additional
95 information within 30 days after receiving the request, the
96 county must review the application for completeness and issue a
97 letter indicating that all required information has been
98 submitted or specify with particularity any areas that are
99 deficient within 10 days after receiving the additional
100 information.
101 (d) Before a third request for additional information, the
102 applicant must be offered a meeting to attempt to resolve
103 outstanding issues. If a county makes a third request for
104 additional information and the applicant submits the required
105 additional information within 30 days after receiving the
106 request, the county must deem the application complete within 10
107 days after receiving the additional information or proceed to
108 process the application for approval or denial unless the
109 applicant waived the county’s limitation in writing as described
110 in paragraph (a).
111 (e) Except as provided in subsection (7) (5), if the
112 applicant believes the request for additional information is not
113 authorized by ordinance, rule, statute, or other legal
114 authority, the county, at the applicant’s request, shall proceed
115 to process the application for approval or denial.
116 (4) A county must issue a refund to an applicant equal to:
117 (a) Ten percent of the application fee if the county fails
118 to issue written notification of completeness or written
119 specification of areas of deficiency within 30 days after
120 receiving the application.
121 (b) Ten percent of the application fee if the county fails
122 to issue a written notification of completeness or written
123 specification of areas of deficiency within 30 days after
124 receiving the additional information pursuant to paragraph
125 (3)(b).
126 (c) Twenty percent of the application fee if the county
127 fails to issue a written notification of completeness or written
128 specification of areas of deficiency within 10 days after
129 receiving the additional information pursuant to paragraph
130 (3)(c).
131 (d) Fifty percent of the application fee if the county
132 fails to approve, approves with conditions, or denies the
133 application within 30 days after conclusion of the 120-day or
134 180-day timeframe specified in subsection (2).
135 (e) One hundred percent of the application fee if the
136 county fails to approve, approves with conditions, or denies an
137 application 31 days or more after conclusion of the 120-day or
138 180-day timeframe specified in subsection (2).
139
140 A county is not required to issue a refund if the applicant and
141 the county agree to an extension of time, the delay is caused by
142 the applicant, or the delay is attributable to a force majeure
143 or other extraordinary circumstance.
144 (5)(3) When a county denies an application for a
145 development permit or development order, the county shall give
146 written notice to the applicant. The notice must include a
147 citation to the applicable portions of an ordinance, rule,
148 statute, or other legal authority for the denial of the permit
149 or order.
150 (6)(4) As used in this section, the terms “development
151 permit” and “development order” have the same meaning as in s.
152 163.3164, but do not include building permits.
153 (7)(5) For any development permit application filed with
154 the county after July 1, 2012, a county may not require as a
155 condition of processing or issuing a development permit or
156 development order that an applicant obtain a permit or approval
157 from any state or federal agency unless the agency has issued a
158 final agency action that denies the federal or state permit
159 before the county action on the local development permit.
160 (8)(6) Issuance of a development permit or development
161 order by a county does not in any way create any rights on the
162 part of the applicant to obtain a permit from a state or federal
163 agency and does not create any liability on the part of the
164 county for issuance of the permit if the applicant fails to
165 obtain requisite approvals or fulfill the obligations imposed by
166 a state or federal agency or undertakes actions that result in a
167 violation of state or federal law. A county shall attach such a
168 disclaimer to the issuance of a development permit and shall
169 include a permit condition that all other applicable state or
170 federal permits be obtained before commencement of the
171 development.
172 (9)(7) This section does not prohibit a county from
173 providing information to an applicant regarding what other state
174 or federal permits may apply.
175 Section 2. Paragraphs (b) and (c) of subsection (3) of
176 section 163.3184, Florida Statutes, are amended to read:
177 163.3184 Process for adoption of comprehensive plan or plan
178 amendment.—
179 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
180 COMPREHENSIVE PLAN AMENDMENTS.—
181 (b)1. If a plan amendment or amendments are adopted, the
182 local government, after the initial public hearing held pursuant
183 to subsection (11), shall transmit, within 10 working days after
184 the date of adoption, the amendment or amendments and
185 appropriate supporting data and analyses to the reviewing
186 agencies. The local governing body shall also transmit a copy of
187 the amendments and supporting data and analyses to any other
188 local government or governmental agency that has filed a written
189 request with the governing body.
190 2. The reviewing agencies and any other local government or
191 governmental agency specified in subparagraph 1. may provide
192 comments regarding the amendment or amendments to the local
193 government. State agencies shall only comment on important state
194 resources and facilities that will be adversely impacted by the
195 amendment if adopted. Comments provided by state agencies shall
196 state with specificity how the plan amendment will adversely
197 impact an important state resource or facility and shall
198 identify measures the local government may take to eliminate,
199 reduce, or mitigate the adverse impacts. Such comments, if not
200 resolved, may result in a challenge by the state land planning
201 agency to the plan amendment. Agencies and local governments
202 must transmit their comments to the affected local government
203 such that they are received by the local government not later
204 than 30 days after the date on which the agency or government
205 received the amendment or amendments. Reviewing agencies shall
206 also send a copy of their comments to the state land planning
207 agency.
208 3. Comments to the local government from a regional
209 planning council, county, or municipality shall be limited as
210 follows:
211 a. The regional planning council review and comments shall
212 be limited to adverse effects on regional resources or
213 facilities identified in the strategic regional policy plan and
214 extrajurisdictional impacts that would be inconsistent with the
215 comprehensive plan of any affected local government within the
216 region. A regional planning council may not review and comment
217 on a proposed comprehensive plan amendment prepared by such
218 council unless the plan amendment has been changed by the local
219 government subsequent to the preparation of the plan amendment
220 by the regional planning council.
221 b. County comments shall be in the context of the
222 relationship and effect of the proposed plan amendments on the
223 county plan.
224 c. Municipal comments shall be in the context of the
225 relationship and effect of the proposed plan amendments on the
226 municipal plan.
227 d. Military installation comments shall be provided in
228 accordance with s. 163.3175.
229 4. Comments to the local government from state agencies
230 shall be limited to the following subjects as they relate to
231 important state resources and facilities that will be adversely
232 impacted by the amendment if adopted:
233 a. The Department of Environmental Protection shall limit
234 its comments to the subjects of air and water pollution;
235 wetlands and other surface waters of the state; federal and
236 state-owned lands and interest in lands, including state parks,
237 greenways and trails, and conservation easements; solid waste;
238 water and wastewater treatment; and the Everglades ecosystem
239 restoration.
240 b. The Department of State shall limit its comments to the
241 subjects of historic and archaeological resources.
242 c. The Department of Transportation shall limit its
243 comments to issues within the agency’s jurisdiction as it
244 relates to transportation resources and facilities of state
245 importance.
246 d. The Fish and Wildlife Conservation Commission shall
247 limit its comments to subjects relating to fish and wildlife
248 habitat and listed species and their habitat.
249 e. The Department of Agriculture and Consumer Services
250 shall limit its comments to the subjects of agriculture,
251 forestry, and aquaculture issues.
252 f. The Department of Education shall limit its comments to
253 the subject of public school facilities.
254 g. The appropriate water management district shall limit
255 its comments to flood protection and floodplain management,
256 wetlands and other surface waters, and regional water supply.
257 h. The state land planning agency shall limit its comments
258 to important state resources and facilities outside the
259 jurisdiction of other commenting state agencies and may include
260 comments on countervailing planning policies and objectives
261 served by the plan amendment that should be balanced against
262 potential adverse impacts to important state resources and
263 facilities.
264 (c)1. The local government shall hold a second public
265 hearing, which shall be a hearing on whether to adopt one or
266 more comprehensive plan amendments pursuant to subsection (11).
267 If the local government fails, within 180 days after receipt of
268 agency comments, to hold the second public hearing, and to adopt
269 the comprehensive plan amendments, the amendments are deemed
270 withdrawn unless extended by agreement with notice to the state
271 land planning agency and any affected person that provided
272 comments on the amendment. The local government is in compliance
273 if the second public hearing is held within the 180-day period
274 following receipt of agency comments, even if the amendments are
275 approved at a subsequent hearing. The 180-day limitation does
276 not apply to amendments processed pursuant to s. 380.06.
277 2. All comprehensive plan amendments adopted by the
278 governing body, along with the supporting data and analysis,
279 shall be transmitted within 10 working days after the final
280 adoption hearing to the state land planning agency and any other
281 agency or local government that provided timely comments under
282 subparagraph (b)2. If the local government fails to transmit the
283 comprehensive plan amendments within 10 working days after the
284 final adoption hearing, the amendments are deemed withdrawn.
285 3. The state land planning agency shall notify the local
286 government of any deficiencies within 5 working days after
287 receipt of an amendment package. For purposes of completeness,
288 an amendment shall be deemed complete if it contains a full,
289 executed copy of:
290 a. The adoption ordinance or ordinances;
291 b. In the case of a text amendment, the amended language in
292 legislative format with new words inserted in the text
293 underlined, and words deleted stricken with hyphens;
294 c. In the case of a future land use map amendment, the
295 future land use map clearly depicting the parcel, its existing
296 future land use designation, and its adopted designation; and
297 d. Any data and analyses the local government deems
298 appropriate.
299 4. An amendment adopted under this paragraph does not
300 become effective until 31 days after the state land planning
301 agency notifies the local government that the plan amendment
302 package is complete. If timely challenged, an amendment does not
303 become effective until the state land planning agency or the
304 Administration Commission enters a final order determining the
305 adopted amendment to be in compliance.
306 Section 3. Section 166.033, Florida Statutes, is amended to
307 read:
308 166.033 Development permits and orders.—
309 (1) A municipality shall specify in writing the minimum
310 information that must be submitted for an application for a
311 zoning approval, rezoning approval, subdivision approval,
312 certification, special exception, or variance. A municipality
313 shall make the minimum information available for inspection and
314 copying at the location where the municipality receives
315 applications for development permits and orders, provide the
316 information to the applicant at a preapplication meeting, or
317 post the information on the municipality’s website.
318 (2) Within 5 business days after receiving an application
319 for approval of a development permit or development order, a
320 municipality shall confirm receipt of the application using
321 contact information provided by the applicant. Within 30 days
322 after receiving an application for approval of a development
323 permit or development order, a municipality must review the
324 application for completeness and issue a written notification to
325 the applicant letter indicating that all required information is
326 submitted or specify in writing specifying with particularity
327 any areas that are deficient. If the application is deficient,
328 the applicant has 30 days to address the deficiencies by
329 submitting the required additional information. For applications
330 that do not require final action through a quasi-judicial
331 hearing or a public hearing, the municipality must approve,
332 approve with conditions, or deny the application for a
333 development permit or development order within 120 days after
334 the municipality has deemed the application complete., or 180
335 days For applications that require final action through a quasi
336 judicial hearing or a public hearing, the municipality must
337 approve, approve with conditions, or deny the application for a
338 development permit or development order within 180 days after
339 the municipality has deemed the application complete. A
340 municipality may not limit the number of quasi-judicial hearings
341 or public hearings held each month if such limitation causes any
342 delay in the consideration of an application for approval of a
343 development permit or development order. Both parties may agree
344 in writing to a reasonable request for an extension of time,
345 particularly in the event of a force majeure or other
346 extraordinary circumstance. An approval, approval with
347 conditions, or denial of the application for a development
348 permit or development order must include written findings
349 supporting the municipality’s decision. The timeframes contained
350 in this subsection do not apply in an area of critical state
351 concern, as designated in s. 380.0552 or chapter 28-36, Florida
352 Administrative Code. The timeframes contained in this subsection
353 restart if an applicant makes a substantive change to the
354 application. As used in this subsection, the term “substantive
355 change” means an applicant-initiated change of 15 percent or
356 more in the proposed density, intensity, or square footage of a
357 parcel.
358 (3)(a)(2)(a) When reviewing an application for a
359 development permit or development order that is certified by a
360 professional listed in s. 403.0877, a municipality may not
361 request additional information from the applicant more than
362 three times, unless the applicant waives the limitation in
363 writing.
364 (b) If a municipality makes a request for additional
365 information and the applicant submits the required additional
366 information within 30 days after receiving the request, the
367 municipality must review the application for completeness and
368 issue a letter indicating that all required information has been
369 submitted or specify with particularity any areas that are
370 deficient within 30 days after receiving the additional
371 information.
372 (c) If a municipality makes a second request for additional
373 information and the applicant submits the required additional
374 information within 30 days after receiving the request, the
375 municipality must review the application for completeness and
376 issue a letter indicating that all required information has been
377 submitted or specify with particularity any areas that are
378 deficient within 10 days after receiving the additional
379 information.
380 (d) Before a third request for additional information, the
381 applicant must be offered a meeting to attempt to resolve
382 outstanding issues. If a municipality makes a third request for
383 additional information and the applicant submits the required
384 additional information within 30 days after receiving the
385 request, the municipality must deem the application complete
386 within 10 days after receiving the additional information or
387 proceed to process the application for approval or denial unless
388 the applicant waived the municipality’s limitation in writing as
389 described in paragraph (a).
390 (e) Except as provided in subsection (7) (5), if the
391 applicant believes the request for additional information is not
392 authorized by ordinance, rule, statute, or other legal
393 authority, the municipality, at the applicant’s request, shall
394 proceed to process the application for approval or denial.
395 (4) A municipality must issue a refund to an applicant
396 equal to:
397 (a) Ten percent of the application fee if the municipality
398 fails to issue written notification of completeness or written
399 specification of areas of deficiency within 30 days after
400 receiving the application.
401 (b) Ten percent of the application fee if the municipality
402 fails to issue written notification of completeness or written
403 specification of areas of deficiency within 30 days after
404 receiving the additional information pursuant to paragraph
405 (3)(b).
406 (c) Twenty percent of the application fee if the
407 municipality fails to issue written notification of completeness
408 or written specification of areas of deficiency within 10 days
409 after receiving the additional information pursuant to paragraph
410 (3)(c).
411 (d) Fifty percent of the application fee if the
412 municipality fails to approve, approves with conditions, or
413 denies the application within 30 days after conclusion of the
414 120-day or 180-day timeframe specified in subsection (2).
415 (e) One hundred percent of the application fee if the
416 municipality fails to approve, approves with conditions, or
417 denies an application 31 days or more after conclusion of the
418 120-day or 180-day timeframe specified in subsection (2).
419
420 A municipality is not required to issue a refund if the
421 applicant and the municipality agree to an extension of time,
422 the delay is caused by the applicant, or the delay is
423 attributable to a force majeure or other extraordinary
424 circumstance.
425 (5)(3) When a municipality denies an application for a
426 development permit or development order, the municipality shall
427 give written notice to the applicant. The notice must include a
428 citation to the applicable portions of an ordinance, rule,
429 statute, or other legal authority for the denial of the permit
430 or order.
431 (6)(4) As used in this section, the terms “development
432 permit” and “development order” have the same meaning as in s.
433 163.3164, but do not include building permits.
434 (7)(5) For any development permit application filed with
435 the municipality after July 1, 2012, a municipality may not
436 require as a condition of processing or issuing a development
437 permit or development order that an applicant obtain a permit or
438 approval from any state or federal agency unless the agency has
439 issued a final agency action that denies the federal or state
440 permit before the municipal action on the local development
441 permit.
442 (8)(6) Issuance of a development permit or development
443 order by a municipality does not create any right on the part of
444 an applicant to obtain a permit from a state or federal agency
445 and does not create any liability on the part of the
446 municipality for issuance of the permit if the applicant fails
447 to obtain requisite approvals or fulfill the obligations imposed
448 by a state or federal agency or undertakes actions that result
449 in a violation of state or federal law. A municipality shall
450 attach such a disclaimer to the issuance of development permits
451 and shall include a permit condition that all other applicable
452 state or federal permits be obtained before commencement of the
453 development.
454 (9)(7) This section does not prohibit a municipality from
455 providing information to an applicant regarding what other state
456 or federal permits may apply.
457 Section 4. This act shall take effect October 1, 2025.