CS for SB 1080 First Engrossed
20251080e1
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
4 specify minimum information necessary for certain
5 applications; revising timeframes for processing
6 applications for approval of development permits or
7 development orders; defining the term “substantive
8 change”; providing refund parameters in situations
9 where the county fails to meet certain timeframes;
10 providing exceptions; amending s. 163.3180, F.S.;
11 prohibiting a school district from collecting,
12 charging, or imposing certain fees unless they meet
13 certain requirements; providing a standard of review
14 for actions challenging such fees; amending s.
15 163.31801, F.S.; revising the voting threshold
16 required for approval of certain impact fee increase
17 ordinances by local governments, school districts, and
18 special districts; requiring that certain impact fee
19 increases be implemented in specified increments;
20 prohibiting a local government from increasing an
21 impact fee rate beyond certain phase-in limitations
22 under certain circumstances; deleting retroactive
23 applicability; amending s. 163.3184, F.S.; revising
24 the expedited state review process for adoption of
25 comprehensive plan amendments; amending s. 166.033,
26 F.S.; requiring municipalities to specify minimum
27 information necessary for certain applications;
28 revising timeframes for processing applications for
29 approval of development permits or development orders;
30 defining the term “substantive change”; providing
31 refund parameters in situations where the municipality
32 fails to meet certain timeframes; providing
33 exceptions; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 125.022, Florida Statutes, is amended to
38 read:
39 125.022 Development permits and orders.—
40 (1) A county shall specify in writing the minimum
41 information that must be submitted in an application for a
42 zoning approval, rezoning approval, subdivision approval,
43 certification, special exception, or variance. A county shall
44 make the minimum information available for inspection and
45 copying at the location where the county receives applications
46 for development permits and orders, provide the information to
47 the applicant at a preapplication meeting, or post the
48 information on the county’s website.
49 (2) Within 5 business days after receiving an application
50 for approval of a development permit or development order, a
51 county shall confirm receipt of the application using contact
52 information provided by the applicant. Within 30 days after
53 receiving an application for approval of a development permit or
54 development order, a county must review the application for
55 completeness and issue a written notification to the applicant
56 letter indicating that all required information is submitted or
57 specify in writing specifying with particularity any areas that
58 are deficient. If the application is deficient, the applicant
59 has 30 days to address the deficiencies by submitting the
60 required additional information. For applications that do not
61 require final action through a quasi-judicial hearing or a
62 public hearing, the county must approve, approve with
63 conditions, or deny the application for a development permit or
64 development order within 120 days after the county has deemed
65 the application complete., or 180 days For applications that
66 require final action through a quasi-judicial hearing or a
67 public hearing, the county must approve, approve with
68 conditions, or deny the application for a development permit or
69 development order within 180 days after the county has deemed
70 the application complete. Both parties may agree in writing to a
71 reasonable request for an extension of time, particularly in the
72 event of a force majeure or other extraordinary circumstance. An
73 approval, approval with conditions, or denial of the application
74 for a development permit or development order must include
75 written findings supporting the county’s decision. The
76 timeframes contained in this subsection do not apply in an area
77 of critical state concern, as designated in s. 380.0552. The
78 timeframes contained in this subsection restart if an applicant
79 makes a substantive change to the application. As used in this
80 subsection, the term “substantive change” means an applicant
81 initiated change of 15 percent or more in the proposed density,
82 intensity, or square footage of a parcel.
83 (3)(a)(2)(a) When reviewing an application for a
84 development permit or development order that is certified by a
85 professional listed in s. 403.0877, a county may not request
86 additional information from the applicant more than three times,
87 unless the applicant waives the limitation in writing.
88 (b) If a county makes a request for additional information
89 and the applicant submits the required additional information
90 within 30 days after receiving the request, the county must
91 review the application for completeness and issue a letter
92 indicating that all required information has been submitted or
93 specify with particularity any areas that are deficient within
94 30 days after receiving the additional information.
95 (c) If a county makes a second request for additional
96 information and the applicant submits the required additional
97 information within 30 days after receiving the request, the
98 county must review the application for completeness and issue a
99 letter indicating that all required information has been
100 submitted or specify with particularity any areas that are
101 deficient within 10 days after receiving the additional
102 information.
103 (d) Before a third request for additional information, the
104 applicant must be offered a meeting to attempt to resolve
105 outstanding issues. If a county makes a third request for
106 additional information and the applicant submits the required
107 additional information within 30 days after receiving the
108 request, the county must deem the application complete within 10
109 days after receiving the additional information or proceed to
110 process the application for approval or denial unless the
111 applicant waived the county’s limitation in writing as described
112 in paragraph (a).
113 (e) Except as provided in subsection (7) (5), if the
114 applicant believes the request for additional information is not
115 authorized by ordinance, rule, statute, or other legal
116 authority, the county, at the applicant’s request, shall proceed
117 to process the application for approval or denial.
118 (4) A county must issue a refund to an applicant equal to:
119 (a) Ten percent of the application fee if the county fails
120 to issue written notification of completeness or written
121 specification of areas of deficiency within 30 days after
122 receiving the application.
123 (b) Ten percent of the application fee if the county fails
124 to issue a written notification of completeness or written
125 specification of areas of deficiency within 30 days after
126 receiving the additional information pursuant to paragraph
127 (3)(b).
128 (c) Twenty percent of the application fee if the county
129 fails to issue a written notification of completeness or written
130 specification of areas of deficiency within 10 days after
131 receiving the additional information pursuant to paragraph
132 (3)(c).
133 (d) Fifty percent of the application fee if the county
134 fails to approve, approves with conditions, or denies the
135 application within 30 days after conclusion of the 120-day or
136 180-day timeframe specified in subsection (2).
137 (e) One hundred percent of the application fee if the
138 county fails to approve, approves with conditions, or denies an
139 application 31 days or more after conclusion of the 120-day or
140 180-day timeframe specified in subsection (2).
141
142 A county is not required to issue a refund if the applicant and
143 the county agree to an extension of time, the delay is caused by
144 the applicant, or the delay is attributable to a force majeure
145 or other extraordinary circumstance.
146 (5)(3) When a county denies an application for a
147 development permit or development order, the county shall give
148 written notice to the applicant. The notice must include a
149 citation to the applicable portions of an ordinance, rule,
150 statute, or other legal authority for the denial of the permit
151 or order.
152 (6)(4) As used in this section, the terms “development
153 permit” and “development order” have the same meaning as in s.
154 163.3164, but do not include building permits.
155 (7)(5) For any development permit application filed with
156 the county after July 1, 2012, a county may not require as a
157 condition of processing or issuing a development permit or
158 development order that an applicant obtain a permit or approval
159 from any state or federal agency unless the agency has issued a
160 final agency action that denies the federal or state permit
161 before the county action on the local development permit.
162 (8)(6) Issuance of a development permit or development
163 order by a county does not in any way create any rights on the
164 part of the applicant to obtain a permit from a state or federal
165 agency and does not create any liability on the part of the
166 county for issuance of the permit if the applicant fails to
167 obtain requisite approvals or fulfill the obligations imposed by
168 a state or federal agency or undertakes actions that result in a
169 violation of state or federal law. A county shall attach such a
170 disclaimer to the issuance of a development permit and shall
171 include a permit condition that all other applicable state or
172 federal permits be obtained before commencement of the
173 development.
174 (9)(7) This section does not prohibit a county from
175 providing information to an applicant regarding what other state
176 or federal permits may apply.
177 Section 2. Present paragraph (j) of subsection (6) of
178 section 163.3180, Florida Statutes, is redesignated as paragraph
179 (k), and a new paragraph (j) is added to that subsection, to
180 read:
181 163.3180 Concurrency.—
182 (6)
183 (j) A school district may not collect, charge, or impose
184 any alternative fee in lieu of an impact fee to mitigate the
185 impact of development on educational facilities unless such fee
186 meets the requirements of s. 163.31801(4)(f) and (g). In any
187 action challenging a fee under this paragraph, the school
188 district has the burden of proving by a preponderance of the
189 evidence that the imposition and amount of the fee meet the
190 requirements of state legal precedent.
191 Section 3. Paragraphs (g) and (h) of subsection (6) of
192 section 163.31801, Florida Statutes, are amended to read:
193 163.31801 Impact fees; short title; intent; minimum
194 requirements; audits; challenges.—
195 (6) A local government, school district, or special
196 district may increase an impact fee only as provided in this
197 subsection.
198 (g)1. A local government, school district, or special
199 district may increase an impact fee rate beyond the phase-in
200 limitations established under paragraph (b), paragraph (c),
201 paragraph (d), or paragraph (e) by establishing the need for
202 such increase in full compliance with the requirements of
203 subsection (4), provided the following criteria are met:
204 a.1. A demonstrated-need study justifying any increase in
205 excess of those authorized in paragraph (b), paragraph (c),
206 paragraph (d), or paragraph (e) has been completed within the 12
207 months before the adoption of the impact fee increase and
208 expressly demonstrates the extraordinary circumstances
209 necessitating the need to exceed the phase-in limitations.
210 b.2. The local government jurisdiction has held at least
211 not less than two publicly noticed workshops dedicated to the
212 extraordinary circumstances necessitating the need to exceed the
213 phase-in limitations set forth in paragraph (b), paragraph (c),
214 paragraph (d), or paragraph (e).
215 c.3. The impact fee increase ordinance is approved by at
216 least a unanimous two-thirds vote of the governing body.
217 2. An impact fee increase approved under this paragraph
218 must be implemented in at least two but not more than four equal
219 annual increments beginning with the date on which the impact
220 fee increase ordinance is adopted.
221 3. A local government may not increase an impact fee rate
222 beyond the phase-in limitations under this paragraph if the
223 local government has not increased the impact fee within the
224 past 5 years. Any year in which the local government is
225 prohibited from increasing an impact fee because the
226 jurisdiction is in a hurricane disaster area is not included in
227 the 5-year period.
228 (h) This subsection operates retroactively to January 1,
229 2021.
230 Section 4. Paragraphs (b) and (c) of subsection (3) of
231 section 163.3184, Florida Statutes, are amended to read:
232 163.3184 Process for adoption of comprehensive plan or plan
233 amendment.—
234 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
235 COMPREHENSIVE PLAN AMENDMENTS.—
236 (b)1. If a plan amendment or amendments are adopted, the
237 local government, after the initial public hearing held pursuant
238 to subsection (11), shall transmit, within 10 working days after
239 the date of adoption, the amendment or amendments and
240 appropriate supporting data and analyses to the reviewing
241 agencies. The local governing body shall also transmit a copy of
242 the amendments and supporting data and analyses to any other
243 local government or governmental agency that has filed a written
244 request with the governing body.
245 2. The reviewing agencies and any other local government or
246 governmental agency specified in subparagraph 1. may provide
247 comments regarding the amendment or amendments to the local
248 government. State agencies shall only comment on important state
249 resources and facilities that will be adversely impacted by the
250 amendment if adopted. Comments provided by state agencies shall
251 state with specificity how the plan amendment will adversely
252 impact an important state resource or facility and shall
253 identify measures the local government may take to eliminate,
254 reduce, or mitigate the adverse impacts. Such comments, if not
255 resolved, may result in a challenge by the state land planning
256 agency to the plan amendment. Agencies and local governments
257 must transmit their comments to the affected local government
258 such that they are received by the local government not later
259 than 30 days after the date on which the agency or government
260 received the amendment or amendments. Reviewing agencies shall
261 also send a copy of their comments to the state land planning
262 agency.
263 3. Comments to the local government from a regional
264 planning council, county, or municipality shall be limited as
265 follows:
266 a. The regional planning council review and comments shall
267 be limited to adverse effects on regional resources or
268 facilities identified in the strategic regional policy plan and
269 extrajurisdictional impacts that would be inconsistent with the
270 comprehensive plan of any affected local government within the
271 region. A regional planning council may not review and comment
272 on a proposed comprehensive plan amendment prepared by such
273 council unless the plan amendment has been changed by the local
274 government subsequent to the preparation of the plan amendment
275 by the regional planning council.
276 b. County comments shall be in the context of the
277 relationship and effect of the proposed plan amendments on the
278 county plan.
279 c. Municipal comments shall be in the context of the
280 relationship and effect of the proposed plan amendments on the
281 municipal plan.
282 d. Military installation comments shall be provided in
283 accordance with s. 163.3175.
284 4. Comments to the local government from state agencies
285 shall be limited to the following subjects as they relate to
286 important state resources and facilities that will be adversely
287 impacted by the amendment if adopted:
288 a. The Department of Environmental Protection shall limit
289 its comments to the subjects of air and water pollution;
290 wetlands and other surface waters of the state; federal and
291 state-owned lands and interest in lands, including state parks,
292 greenways and trails, and conservation easements; solid waste;
293 water and wastewater treatment; and the Everglades ecosystem
294 restoration.
295 b. The Department of State shall limit its comments to the
296 subjects of historic and archaeological resources.
297 c. The Department of Transportation shall limit its
298 comments to issues within the agency’s jurisdiction as it
299 relates to transportation resources and facilities of state
300 importance.
301 d. The Fish and Wildlife Conservation Commission shall
302 limit its comments to subjects relating to fish and wildlife
303 habitat and listed species and their habitat.
304 e. The Department of Agriculture and Consumer Services
305 shall limit its comments to the subjects of agriculture,
306 forestry, and aquaculture issues.
307 f. The Department of Education shall limit its comments to
308 the subject of public school facilities.
309 g. The appropriate water management district shall limit
310 its comments to flood protection and floodplain management,
311 wetlands and other surface waters, and regional water supply.
312 h. The state land planning agency shall limit its comments
313 to important state resources and facilities outside the
314 jurisdiction of other commenting state agencies and may include
315 comments on countervailing planning policies and objectives
316 served by the plan amendment that should be balanced against
317 potential adverse impacts to important state resources and
318 facilities.
319 (c)1. The local government shall hold a second public
320 hearing, which shall be a hearing on whether to adopt one or
321 more comprehensive plan amendments pursuant to subsection (11).
322 If the local government fails, within 180 days after receipt of
323 agency comments, to hold the second public hearing, and to adopt
324 the comprehensive plan amendments, the amendments are deemed
325 withdrawn unless extended by agreement with notice to the state
326 land planning agency and any affected person that provided
327 comments on the amendment. The local government is in compliance
328 if the second public hearing is held within the 180-day period
329 following receipt of agency comments, even if the amendments are
330 approved at a subsequent hearing. The 180-day limitation does
331 not apply to amendments processed pursuant to s. 380.06.
332 2. All comprehensive plan amendments adopted by the
333 governing body, along with the supporting data and analysis,
334 shall be transmitted within 10 working days after the final
335 adoption hearing to the state land planning agency and any other
336 agency or local government that provided timely comments under
337 subparagraph (b)2. If the local government fails to transmit the
338 comprehensive plan amendments within 10 working days after the
339 final adoption hearing, the amendments are deemed withdrawn.
340 3. The state land planning agency shall notify the local
341 government of any deficiencies within 5 working days after
342 receipt of an amendment package. For purposes of completeness,
343 an amendment shall be deemed complete if it contains a full,
344 executed copy of:
345 a. The adoption ordinance or ordinances;
346 b. In the case of a text amendment, the amended language in
347 legislative format with new words inserted in the text
348 underlined, and words deleted stricken with hyphens;
349 c. In the case of a future land use map amendment, the
350 future land use map clearly depicting the parcel, its existing
351 future land use designation, and its adopted designation; and
352 d. Any data and analyses the local government deems
353 appropriate.
354 4. An amendment adopted under this paragraph does not
355 become effective until 31 days after the state land planning
356 agency notifies the local government that the plan amendment
357 package is complete. If timely challenged, an amendment does not
358 become effective until the state land planning agency or the
359 Administration Commission enters a final order determining the
360 adopted amendment to be in compliance.
361 Section 5. Section 166.033, Florida Statutes, is amended to
362 read:
363 166.033 Development permits and orders.—
364 (1) A municipality shall specify in writing the minimum
365 information that must be submitted for an application for a
366 zoning approval, rezoning approval, subdivision approval,
367 certification, special exception, or variance. A municipality
368 shall make the minimum information available for inspection and
369 copying at the location where the municipality receives
370 applications for development permits and orders, provide the
371 information to the applicant at a preapplication meeting, or
372 post the information on the municipality’s website.
373 (2) Within 5 business days after receiving an application
374 for approval of a development permit or development order, a
375 municipality shall confirm receipt of the application using
376 contact information provided by the applicant. Within 30 days
377 after receiving an application for approval of a development
378 permit or development order, a municipality must review the
379 application for completeness and issue a written notification to
380 the applicant letter indicating that all required information is
381 submitted or specify in writing specifying with particularity
382 any areas that are deficient. If the application is deficient,
383 the applicant has 30 days to address the deficiencies by
384 submitting the required additional information. For applications
385 that do not require final action through a quasi-judicial
386 hearing or a public hearing, the municipality must approve,
387 approve with conditions, or deny the application for a
388 development permit or development order within 120 days after
389 the municipality has deemed the application complete., or 180
390 days For applications that require final action through a quasi
391 judicial hearing or a public hearing, the municipality must
392 approve, approve with conditions, or deny the application for a
393 development permit or development order within 180 days after
394 the municipality has deemed the application complete. Both
395 parties may agree in writing to a reasonable request for an
396 extension of time, particularly in the event of a force majeure
397 or other extraordinary circumstance. An approval, approval with
398 conditions, or denial of the application for a development
399 permit or development order must include written findings
400 supporting the municipality’s decision. The timeframes contained
401 in this subsection do not apply in an area of critical state
402 concern, as designated in s. 380.0552 or chapter 28-36, Florida
403 Administrative Code. The timeframes contained in this subsection
404 restart if an applicant makes a substantive change to the
405 application. As used in this subsection, the term “substantive
406 change” means an applicant-initiated change of 15 percent or
407 more in the proposed density, intensity, or square footage of a
408 parcel.
409 (3)(a)(2)(a) When reviewing an application for a
410 development permit or development order that is certified by a
411 professional listed in s. 403.0877, a municipality may not
412 request additional information from the applicant more than
413 three times, unless the applicant waives the limitation in
414 writing.
415 (b) If a municipality makes a request for additional
416 information and the applicant submits the required additional
417 information within 30 days after receiving the request, the
418 municipality must review the application for completeness and
419 issue a letter indicating that all required information has been
420 submitted or specify with particularity any areas that are
421 deficient within 30 days after receiving the additional
422 information.
423 (c) If a municipality makes a second request for additional
424 information and the applicant submits the required additional
425 information within 30 days after receiving the request, the
426 municipality must review the application for completeness and
427 issue a letter indicating that all required information has been
428 submitted or specify with particularity any areas that are
429 deficient within 10 days after receiving the additional
430 information.
431 (d) Before a third request for additional information, the
432 applicant must be offered a meeting to attempt to resolve
433 outstanding issues. If a municipality makes a third request for
434 additional information and the applicant submits the required
435 additional information within 30 days after receiving the
436 request, the municipality must deem the application complete
437 within 10 days after receiving the additional information or
438 proceed to process the application for approval or denial unless
439 the applicant waived the municipality’s limitation in writing as
440 described in paragraph (a).
441 (e) Except as provided in subsection (7) (5), if the
442 applicant believes the request for additional information is not
443 authorized by ordinance, rule, statute, or other legal
444 authority, the municipality, at the applicant’s request, shall
445 proceed to process the application for approval or denial.
446 (4) A municipality must issue a refund to an applicant
447 equal to:
448 (a) Ten percent of the application fee if the municipality
449 fails to issue written notification of completeness or written
450 specification of areas of deficiency within 30 days after
451 receiving the application.
452 (b) Ten percent of the application fee if the municipality
453 fails to issue written notification of completeness or written
454 specification of areas of deficiency within 30 days after
455 receiving the additional information pursuant to paragraph
456 (3)(b).
457 (c) Twenty percent of the application fee if the
458 municipality fails to issue written notification of completeness
459 or written specification of areas of deficiency within 10 days
460 after receiving the additional information pursuant to paragraph
461 (3)(c).
462 (d) Fifty percent of the application fee if the
463 municipality fails to approve, approves with conditions, or
464 denies the application within 30 days after conclusion of the
465 120-day or 180-day timeframe specified in subsection (2).
466 (e) One hundred percent of the application fee if the
467 municipality fails to approve, approves with conditions, or
468 denies an application 31 days or more after conclusion of the
469 120-day or 180-day timeframe specified in subsection (2).
470
471 A municipality is not required to issue a refund if the
472 applicant and the municipality agree to an extension of time,
473 the delay is caused by the applicant, or the delay is
474 attributable to a force majeure or other extraordinary
475 circumstance.
476 (5)(3) When a municipality denies an application for a
477 development permit or development order, the municipality shall
478 give written notice to the applicant. The notice must include a
479 citation to the applicable portions of an ordinance, rule,
480 statute, or other legal authority for the denial of the permit
481 or order.
482 (6)(4) As used in this section, the terms “development
483 permit” and “development order” have the same meaning as in s.
484 163.3164, but do not include building permits.
485 (7)(5) For any development permit application filed with
486 the municipality after July 1, 2012, a municipality may not
487 require as a condition of processing or issuing a development
488 permit or development order that an applicant obtain a permit or
489 approval from any state or federal agency unless the agency has
490 issued a final agency action that denies the federal or state
491 permit before the municipal action on the local development
492 permit.
493 (8)(6) Issuance of a development permit or development
494 order by a municipality does not create any right on the part of
495 an applicant to obtain a permit from a state or federal agency
496 and does not create any liability on the part of the
497 municipality for issuance of the permit if the applicant fails
498 to obtain requisite approvals or fulfill the obligations imposed
499 by a state or federal agency or undertakes actions that result
500 in a violation of state or federal law. A municipality shall
501 attach such a disclaimer to the issuance of development permits
502 and shall include a permit condition that all other applicable
503 state or federal permits be obtained before commencement of the
504 development.
505 (9)(7) This section does not prohibit a municipality from
506 providing information to an applicant regarding what other state
507 or federal permits may apply.
508 Section 6. This act shall take effect October 1, 2025.