Florida Senate - 2026                                     SB 948
       
       
        
       By Senator McClain
       
       
       
       
       
       9-01071-26                                             2026948__
    1                        A bill to be entitled                      
    2         An act relating to local government land development
    3         regulations and orders; amending ss. 125.022 and
    4         166.033, F.S.; revising, for counties and
    5         municipalities, respectively, the application
    6         procedures for development permits and orders;
    7         creating s. 163.3254, F.S.; creating the “Florida
    8         Starter Homes Act”; providing a short title; providing
    9         legislative findings; defining terms; prohibiting
   10         local governments from adopting land development
   11         regulations governing lots on residential real
   12         property unless such adoption meets specified
   13         requirements; providing applicability; providing
   14         construction; prohibiting local governments from
   15         adopting certain land development regulations if a lot
   16         on residential real property is connected to a public
   17         water system or a public sewer system; requiring that
   18         land development regulations adopted by a local
   19         government allow lots to front or abut a shared space
   20         instead of a public right-of-way; prohibiting such
   21         regulations from requiring a minimum number of parking
   22         spaces for specified lots; defining the term “public
   23         transit stop”; limiting the criteria that may be
   24         required by local governments in applications for the
   25         proposed development of lot splits; establishing an
   26         application process for such proposed developments;
   27         prohibiting land development regulations adopted by
   28         local governments governing lot splits on historic
   29         property from varying from other specified
   30         regulations; providing an exception; establishing a
   31         cause of action; authorizing the award of specified
   32         remedies; providing for waiver of sovereign immunity;
   33         providing construction; amending s. 177.071, F.S.;
   34         revising the application procedures for administrative
   35         approval of plats or replats; providing an effective
   36         date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 125.022, Florida Statutes, is amended to
   41  read:
   42         125.022 Development permits and orders.—
   43         (1)As used in this section, the terms “development permit”
   44  and “development order” have the same meanings as in s.
   45  163.3164, but do not include building permits.
   46         (2)(1) A county shall specify in writing the minimum
   47  information that must be submitted in an application for a
   48  zoning approval, rezoning approval, subdivision approval,
   49  certification, special exception, or variance. A county shall
   50  make the minimum information available for inspection and
   51  copying at the location where the county receives applications
   52  for development permits and orders, provide the information to
   53  the applicant at a preapplication meeting, or post the
   54  information on the county’s website.
   55         (3)A county shall follow the application procedures
   56  established in s. 163.3254(6) upon receiving an application for
   57  approval of a development permit or development order.
   58         (2) Within 5 business days after receiving an application
   59  for approval of a development permit or development order, a
   60  county shall confirm receipt of the application using contact
   61  information provided by the applicant. Within 30 days after
   62  receiving an application for approval of a development permit or
   63  development order, a county must review the application for
   64  completeness and issue a written notification to the applicant
   65  indicating that all required information is submitted or specify
   66  in writing with particularity any areas that are deficient. If
   67  the application is deficient, the applicant has 30 days to
   68  address the deficiencies by submitting the required additional
   69  information. For applications that do not require final action
   70  through a quasi-judicial hearing or a public hearing, the county
   71  must approve, approve with conditions, or deny the application
   72  for a development permit or development order within 120 days
   73  after the county has deemed the application complete. For
   74  applications that require final action through a quasi-judicial
   75  hearing or a public hearing, the county must approve, approve
   76  with conditions, or deny the application for a development
   77  permit or development order within 180 days after the county has
   78  deemed the application complete. Both parties may agree in
   79  writing or in a public meeting or hearing to an extension of
   80  time, particularly in the event of a force majeure or other
   81  extraordinary circumstance. An approval, approval with
   82  conditions, or denial of the application for a development
   83  permit or development order must include written findings
   84  supporting the county’s decision. The timeframes contained in
   85  this subsection do not apply in an area of critical state
   86  concern, as designated in s. 380.0552. The timeframes contained
   87  in this subsection restart if an applicant makes a substantive
   88  change to the application. As used in this subsection, the term
   89  “substantive change” means an applicant-initiated change of 15
   90  percent or more in the proposed density, intensity, or square
   91  footage of a parcel.
   92         (3)(a)When reviewing an application for a development
   93  permit or development order that is certified by a professional
   94  listed in s. 403.0877, a county may not request additional
   95  information from the applicant more than three times, unless the
   96  applicant waives the limitation in writing.
   97         (b)If a county makes a request for additional information
   98  and the applicant submits the required additional information
   99  within 30 days after receiving the request, the county must
  100  review the application for completeness and issue a letter
  101  indicating that all required information has been submitted or
  102  specify with particularity any areas that are deficient within
  103  30 days after receiving the additional information.
  104         (c)If a county makes a second request for additional
  105  information and the applicant submits the required additional
  106  information within 30 days after receiving the request, the
  107  county must review the application for completeness and issue a
  108  letter indicating that all required information has been
  109  submitted or specify with particularity any areas that are
  110  deficient within 10 days after receiving the additional
  111  information.
  112         (d)Before a third request for additional information, the
  113  applicant must be offered a meeting to attempt to resolve
  114  outstanding issues. If a county makes a third request for
  115  additional information and the applicant submits the required
  116  additional information within 30 days after receiving the
  117  request, the county must deem the application complete within 10
  118  days after receiving the additional information or proceed to
  119  process the application for approval or denial unless the
  120  applicant waived the county’s limitation in writing as described
  121  in paragraph (a).
  122         (e)Except as provided in subsection (7), if the applicant
  123  believes the request for additional information is not
  124  authorized by ordinance, rule, statute, or other legal
  125  authority, the county, at the applicant’s request, shall proceed
  126  to process the application for approval or denial.
  127         (4)A county must issue a refund to an applicant equal to:
  128         (a)Ten percent of the application fee if the county fails
  129  to issue written notification of completeness or written
  130  specification of areas of deficiency within 30 days after
  131  receiving the application.
  132         (b)Ten percent of the application fee if the county fails
  133  to issue a written notification of completeness or written
  134  specification of areas of deficiency within 30 days after
  135  receiving the additional information pursuant to paragraph
  136  (3)(b).
  137         (c)Twenty percent of the application fee if the county
  138  fails to issue a written notification of completeness or written
  139  specification of areas of deficiency within 10 days after
  140  receiving the additional information pursuant to paragraph
  141  (3)(c).
  142         (d)Fifty percent of the application fee if the county
  143  fails to approve, approves with conditions, or denies the
  144  application within 30 days after conclusion of the 120-day or
  145  180-day timeframe specified in subsection (2).
  146         (e)One hundred percent of the application fee if the
  147  county fails to approve, approves with conditions, or denies an
  148  application 31 days or more after conclusion of the 120-day or
  149  180-day timeframe specified in subsection (2).
  150  A county is not required to issue a refund if the applicant and
  151  the county agree to an extension of time, the delay is caused by
  152  the applicant, or the delay is attributable to a force majeure
  153  or other extraordinary circumstance.
  154         (4)(5) When a county denies an application for a
  155  development permit or development order, the county shall give
  156  written notice to the applicant. The notice must include a
  157  citation to the applicable portions of an ordinance, rule,
  158  statute, or other legal authority for the denial of the permit
  159  or order.
  160         (6)As used in this section, the terms “development permit”
  161  and “development order” have the same meaning as in s. 163.3164,
  162  but do not include building permits.
  163         (5)(7) For any development permit application filed with
  164  the county after July 1, 2012, a county may not require as a
  165  condition of processing or issuing a development permit or
  166  development order that an applicant obtain a permit or approval
  167  from any state or federal agency unless the agency has issued a
  168  final agency action that denies the federal or state permit
  169  before the county action on the local development permit.
  170         (6)(8) Issuance of a development permit or development
  171  order by a county does not in any way create any rights on the
  172  part of the applicant to obtain a permit from a state or federal
  173  agency and does not create any liability on the part of the
  174  county for issuance of the permit if the applicant fails to
  175  obtain requisite approvals or fulfill the obligations imposed by
  176  a state or federal agency or undertakes actions that result in a
  177  violation of state or federal law. A county shall attach such a
  178  disclaimer to the issuance of a development permit and shall
  179  include a permit condition that all other applicable state or
  180  federal permits be obtained before commencement of the
  181  development.
  182         (7)(9) This section does not prohibit a county from
  183  providing information to an applicant regarding what other state
  184  or federal permits may apply.
  185         Section 2. Section 166.033, Florida Statutes, is amended to
  186  read:
  187         166.033 Development permits and orders.—
  188         (1)As used in this section, the terms “development permit”
  189  and “development order” have the same meanings as in s.
  190  163.3164, but do not include building permits.
  191         (2)(1) A municipality shall specify in writing the minimum
  192  information that must be submitted for an application for a
  193  zoning approval, rezoning approval, subdivision approval,
  194  certification, special exception, or variance. A municipality
  195  shall make the minimum information available for inspection and
  196  copying at the location where the municipality receives
  197  applications for development permits and orders, provide the
  198  information to the applicant at a preapplication meeting, or
  199  post the information on the municipality’s website.
  200         (3)A municipality shall follow the application procedures
  201  established in s. 163.3254(6) upon receiving an application for
  202  approval of a development permit or development order.
  203         (2)Within 5 business days after receiving an application
  204  for approval of a development permit or development order, a
  205  municipality shall confirm receipt of the application using
  206  contact information provided by the applicant. Within 30 days
  207  after receiving an application for approval of a development
  208  permit or development order, a municipality must review the
  209  application for completeness and issue a written notification to
  210  the applicant indicating that all required information is
  211  submitted or specify in writing with particularity any areas
  212  that are deficient. If the application is deficient, the
  213  applicant has 30 days to address the deficiencies by submitting
  214  the required additional information. For applications that do
  215  not require final action through a quasi-judicial hearing or a
  216  public hearing, the municipality must approve, approve with
  217  conditions, or deny the application for a development permit or
  218  development order within 120 days after the municipality has
  219  deemed the application complete. For applications that require
  220  final action through a quasi-judicial hearing or a public
  221  hearing, the municipality must approve, approve with conditions,
  222  or deny the application for a development permit or development
  223  order within 180 days after the municipality has deemed the
  224  application complete. Both parties may agree in writing or in a
  225  public meeting or hearing to an extension of time, particularly
  226  in the event of a force majeure or other extraordinary
  227  circumstance. An approval, approval with conditions, or denial
  228  of the application for a development permit or development order
  229  must include written findings supporting the municipality’s
  230  decision. The timeframes contained in this subsection do not
  231  apply in an area of critical state concern, as designated in s.
  232  380.0552 or chapter 28-36, Florida Administrative Code. The
  233  timeframes contained in this subsection restart if an applicant
  234  makes a substantive change to the application. As used in this
  235  subsection, the term “substantive change” means an applicant
  236  initiated change of 15 percent or more in the proposed density,
  237  intensity, or square footage of a parcel.
  238         (3)(a)When reviewing an application for a development
  239  permit or development order that is certified by a professional
  240  listed in s. 403.0877, a municipality may not request additional
  241  information from the applicant more than three times, unless the
  242  applicant waives the limitation in writing.
  243         (b)If a municipality makes a request for additional
  244  information and the applicant submits the required additional
  245  information within 30 days after receiving the request, the
  246  municipality must review the application for completeness and
  247  issue a letter indicating that all required information has been
  248  submitted or specify with particularity any areas that are
  249  deficient within 30 days after receiving the additional
  250  information.
  251         (c)If a municipality makes a second request for additional
  252  information and the applicant submits the required additional
  253  information within 30 days after receiving the request, the
  254  municipality must review the application for completeness and
  255  issue a letter indicating that all required information has been
  256  submitted or specify with particularity any areas that are
  257  deficient within 10 days after receiving the additional
  258  information.
  259         (d)Before a third request for additional information, the
  260  applicant must be offered a meeting to attempt to resolve
  261  outstanding issues. If a municipality makes a third request for
  262  additional information and the applicant submits the required
  263  additional information within 30 days after receiving the
  264  request, the municipality must deem the application complete
  265  within 10 days after receiving the additional information or
  266  proceed to process the application for approval or denial unless
  267  the applicant waived the municipality’s limitation in writing as
  268  described in paragraph (a).
  269         (e)Except as provided in subsection (7), if the applicant
  270  believes the request for additional information is not
  271  authorized by ordinance, rule, statute, or other legal
  272  authority, the municipality, at the applicant’s request, shall
  273  proceed to process the application for approval or denial.
  274         (4)A municipality must issue a refund to an applicant
  275  equal to:
  276         (a)Ten percent of the application fee if the municipality
  277  fails to issue written notification of completeness or written
  278  specification of areas of deficiency within 30 days after
  279  receiving the application.
  280         (b)Ten percent of the application fee if the municipality
  281  fails to issue written notification of completeness or written
  282  specification of areas of deficiency within 30 days after
  283  receiving the additional information pursuant to paragraph
  284  (3)(b).
  285         (c)Twenty percent of the application fee if the
  286  municipality fails to issue written notification of completeness
  287  or written specification of areas of deficiency within 10 days
  288  after receiving the additional information pursuant to paragraph
  289  (3)(c).
  290         (d)Fifty percent of the application fee if the
  291  municipality fails to approve, approves with conditions, or
  292  denies the application within 30 days after conclusion of the
  293  120-day or 180-day timeframe specified in subsection (2).
  294         (e)One hundred percent of the application fee if the
  295  municipality fails to approve, approves with conditions, or
  296  denies an application 31 days or more after conclusion of the
  297  120-day or 180-day timeframe specified in subsection (2).
  298  
  299  A municipality is not required to issue a refund if the
  300  applicant and the municipality agree to an extension of time,
  301  the delay is caused by the applicant, or the delay is
  302  attributable to a force majeure or other extraordinary
  303  circumstance.
  304         (4)(5) When a municipality denies an application for a
  305  development permit or development order, the municipality shall
  306  give written notice to the applicant. The notice must include a
  307  citation to the applicable portions of an ordinance, rule,
  308  statute, or other legal authority for the denial of the permit
  309  or order.
  310         (6)As used in this section, the terms “development permit”
  311  and “development order” have the same meaning as in s. 163.3164,
  312  but do not include building permits.
  313         (5)(7) For any development permit application filed with
  314  the municipality after July 1, 2012, a municipality may not
  315  require as a condition of processing or issuing a development
  316  permit or development order that an applicant obtain a permit or
  317  approval from any state or federal agency unless the agency has
  318  issued a final agency action that denies the federal or state
  319  permit before the municipal action on the local development
  320  permit.
  321         (6)(8) Issuance of a development permit or development
  322  order by a municipality does not create any right on the part of
  323  an applicant to obtain a permit from a state or federal agency
  324  and does not create any liability on the part of the
  325  municipality for issuance of the permit if the applicant fails
  326  to obtain requisite approvals or fulfill the obligations imposed
  327  by a state or federal agency or undertakes actions that result
  328  in a violation of state or federal law. A municipality shall
  329  attach such a disclaimer to the issuance of development permits
  330  and shall include a permit condition that all other applicable
  331  state or federal permits be obtained before commencement of the
  332  development.
  333         (7)(9) This section does not prohibit a municipality from
  334  providing information to an applicant regarding what other state
  335  or federal permits may apply.
  336         Section 3. Section 163.3254, Florida Statutes, is created
  337  to read:
  338         163.3254Florida Starter Homes Act.—The Florida Starter
  339  Homes Act is created to address the rising price of homes in
  340  this state and increase the supply of housing for the residents
  341  of this state.
  342         (1)This section may be cited as the “Florida Starter Homes
  343  Act.”
  344         (2)The Legislature finds that:
  345         (a)The median price of homes in this state has increased
  346  steadily over the last decade, rising at a greater rate of
  347  increase than the median income in this state.
  348         (b)The cost of home ownership and renting or leasing often
  349  exceeds an amount that is affordable for residents of this
  350  state.
  351         (c)There is currently a housing shortage that constitutes
  352  a threat to the health, safety, and welfare of the residents of
  353  this state, and this shortage is caused in part by land
  354  development regulations adopted by local governments without a
  355  compelling governmental interest relating to lots on residential
  356  real property, which substantially burden the basic right under
  357  the State Constitution to acquire, possess, and protect
  358  property.
  359         (d)Land development regulations adopted relating to lots
  360  on residential real property do not encourage a high degree of
  361  flexibility relating to residential development, and such
  362  regulations prevent the development of single-family homes on
  363  lots smaller in size, due, in part, to minimum lot size
  364  requirements and restrictions on the types of dwellings allowed
  365  to be constructed on such property.
  366         (e)The public purpose sought to be achieved by allowing
  367  other types of dwelling units on lots smaller in size on
  368  residential real property is to increase the supply of housing,
  369  making homeownership and renting more affordable for the
  370  residents of this state.
  371         (3)For purposes of this section, the term:
  372         (a)“Compelling governmental interest” means a governmental
  373  interest of the highest order which cannot be achieved through
  374  less restrictive means. A compelling governmental interest must
  375  have a real and substantial connection to protecting public
  376  safety, health, or reasonable enjoyments and expectations of
  377  property, such as requiring the structural integrity, safe
  378  plumbing, or safe electricity of buildings, or preventing
  379  nuisances.
  380         (b)“Land development regulations” has the same meaning as
  381  in s. 163.3164.
  382         (c)“Local government” means any county, municipality, or
  383  special district.
  384         (d)“Lot split” means the division of a parent parcel into
  385  no more than eight lots.
  386         (e)“Parent parcel” means the original parcel from which
  387  subsequent lots are created.
  388         (f)“Residential dwelling unit” means a structure or part
  389  of a structure used as a home, residence, or sleeping place by
  390  at least one person. The term includes a single-family home, a
  391  townhouse as defined in s. 481.203, and a duplex, triplex, or
  392  quadruplex, and their curtilage.
  393         (g)“Shared space” means a driveway, an alley, or a common
  394  open space, such as a courtyard or pocket park.
  395         (h)“Subdivision” means the division of a parent parcel
  396  into nine or more lots. The term includes streets, alleys,
  397  additions, and resubdivisions.
  398         (4)(a)1.A local government may not adopt land development
  399  regulations that govern lots on residential real property,
  400  unless such adoption:
  401         a.Is in furtherance of a compelling governmental interest.
  402         b.Is the least restrictive means of furthering that
  403  compelling governmental interest.
  404         2.Subparagraph 1. does not apply to land development
  405  regulations that:
  406         a.Prevent or abate a nuisance.
  407         b.Enforce the terms of a license, a permit, or an
  408  authorization.
  409         c.Enforce any requirement imposed by federal law.
  410         d.Is the result of a final, nonappealable judicial
  411  determination.
  412         3.Any ambiguity in the adoption of land development
  413  regulations by a local government must be construed in favor of
  414  the basic right to acquire and possess land.
  415         (b)If a lot on residential real property is connected to a
  416  public water system or a public sewer system, or will be
  417  connected to such a system as part of a subdivision plan, a
  418  local government may not adopt land development regulations
  419  that:
  420         1.Require a minimum lot size that is greater than 1,200
  421  square feet for an existing lot and for lots created by a lot
  422  split or subdivision.
  423         2.Contain a provision defining a residential dwelling unit
  424  that is contrary to the definition in subsection (3).
  425         3.Prohibit, limit, or otherwise restrict the development
  426  of residential dwelling units.
  427         4.Require a minimum setback that is greater than: 0 feet
  428  from the sides; 10 feet from the rear; or 20 feet from the
  429  front, or 0 feet from the front if the lot fronts or abuts a
  430  shared space.
  431         5.Require a minimum dimension of a lot, including its
  432  width or depth, to exceed 20 feet if the lot meets the relevant
  433  minimum lot size requirement.
  434         6.Require more than 30 percent of lot area to be reserved
  435  for open space or permeable surface.
  436         7.Require a maximum building height of less than three
  437  stories or 35 feet above grade or, if applicable, three stories
  438  or 35 feet above the base flood elevation established by the
  439  Federal Emergency Management Agency.
  440         8.Require a maximum floor area ratio of less than 3.
  441         9.Require the property owner to occupy the property.
  442         10.Require a minimum size for a residential dwelling unit
  443  that is greater than the minimum size imposed by the Florida
  444  Building Code.
  445         11.Require a maximum residential density, typically
  446  measured in dwelling units per acre, which is more restrictive
  447  than the requirements of this subsection.
  448         (5)(a)1.Land development regulations adopted by a local
  449  government must allow a lot to front or abut a shared space
  450  instead of a public right-of-way. However, such regulations may
  451  not be adopted to require a minimum number of parking spaces
  452  greater than one per residential dwelling unit for lots that are
  453  4,000 square feet or less, or any minimum number of parking
  454  spaces for lots within a one-half mile radius of a permanent
  455  public transit stop that is open for public use on or after July
  456  1, 2026.
  457         2.As used in subparagraph 1., the term “public transit
  458  stop” means a stop or station used for public purposes for
  459  transit services, including bus rapid transit services or
  460  commuter rail services, an intercity rail transportation system,
  461  or a rail system, as defined in s. 341.301. The term does not
  462  include people-mover systems in a public-use airport as defined
  463  by s. 332.004.
  464         (b)Land development regulations adopted by a local
  465  government which establish criteria for the application for, or
  466  approval of, the proposed development of a lot split are limited
  467  to the following:
  468         1.The requirement that an applicant provide the relevant
  469  documentation and pay a fee for the cost of review of such
  470  documentation. Any other fee imposed on the application for, or
  471  approval of, a lot split is prohibited.
  472         2.Required compliance with the local government’s land
  473  development regulations that govern lots not created by a lot
  474  split.
  475         3.The requirement that the parent parcel was not created
  476  by a lot split or subdivision during the previous 12 months.
  477         (6)(a)Upon receipt of a development application, a local
  478  government shall confirm receipt of the application by the next
  479  business day using the contact information provided by the
  480  applicant. Within 7 business days after receiving an
  481  application, a local government shall review the application for
  482  completeness and issue a written notification to the applicant
  483  indicating that all required information is submitted or specify
  484  in writing with particularity any areas that are deficient. If
  485  the application is deficient, the applicant has 60 business days
  486  to address the deficiencies by submitting the required
  487  additional information. Within 7 business days after receipt of
  488  such information, a local government shall issue a written
  489  notification to the applicant indicating that all required
  490  information is submitted or specify in writing with
  491  particularity any areas that are deficient. A local government
  492  shall administratively approve an application within 20 business
  493  days after the local government has deemed the application
  494  complete and no further action or approval by the local
  495  government is required. Any denial of the application must
  496  include written findings supporting the local government’s
  497  decision. At any point during the timeframes specified in this
  498  subsection, an applicant may request, and a local government
  499  must grant, an extension of time for up to 60 business days.
  500  However, a local government may not request an extension of time
  501  or require an applicant to request an extension of time.
  502         (b)If a local government fails to:
  503         1.Issue a written notification of completeness or written
  504  specification of areas of deficiency within the first 7
  505  business-day time period provided in paragraph (a);
  506         2.Issue a written notification of completeness or written
  507  specification of areas of deficiency within the second 7
  508  business-day time period provided in paragraph (a); or
  509         3.Approve an application within the 20-business-day time
  510  period contained in paragraph (a),
  511  
  512  the application is deemed approved, and the local government
  513  must issue written notification of approval by the next business
  514  day.
  515         (c)A local government must issue a refund to an applicant
  516  equal to 100 percent of the application fee if the local
  517  government fails to issue written notification of completeness
  518  or written specification of areas of deficiency within 7
  519  business days after receiving the additional information
  520  pursuant to paragraph (a).
  521         (7)(a)Land development regulations adopted by a local
  522  government which govern lot splits on historic property as
  523  defined in s. 267.021 may not vary from land development
  524  regulations adopted governing historic property without such lot
  525  splits.
  526         (b)Paragraph (a) does not apply to land development
  527  regulations adopted to prohibit the demolition or alteration of
  528  a structure or building that is individually listed in the
  529  National Register of Historic Places, or that is a contributing
  530  structure or building within a historic district which was
  531  listed in the National Register of Historic Places before
  532  January 1, 2000.
  533         (8)(a)A real property owner or housing association subject
  534  to land development regulations adopted by a local government in
  535  violation of this section may maintain a cause of action for
  536  damages in the county in which the property is located.
  537         (b)1.In a proceeding under this subsection, an aggrieved
  538  or adversely affected party is entitled to the summary procedure
  539  provided in s. 51.011, and the court shall advance the cause on
  540  the calendar. The court shall review the evidence de novo and
  541  enter written findings of fact based on the preponderance of the
  542  evidence that a local government has adopted a land development
  543  regulation in violation of this section.
  544         2.An aggrieved or adversely affected party shall prevail
  545  in an action filed under this subsection unless the local
  546  government demonstrates to the court by clear and convincing
  547  evidence that the land development regulation is:
  548         a.In furtherance of a compelling governmental interest.
  549         b.The least restrictive means of furthering the compelling
  550  governmental interest.
  551         (c)The court may:
  552         1.Enter a declaratory judgment as is provided by chapter
  553  86.
  554         2.Issue a writ of mandamus.
  555         3.Issue an injunction to prevent a violation of this
  556  section.
  557         4.Remand the matter to the land development regulation
  558  commission for action consistent with the judgment.
  559  
  560  The prevailing plaintiff is entitled to recover reasonable
  561  attorney fees and costs, including reasonable appellate attorney
  562  fees and costs.
  563         (9)This section waives sovereign immunity for any local
  564  government to the extent liability is created in this section.
  565         (10)This section does not prohibit:
  566         (a)The governing documents of a condominium association, a
  567  homeowners’ association, or a cooperative adopted or approved
  568  before July 1, 2026.
  569         (b)Any deed restrictions established before July 1, 2026.
  570  
  571  However, if recorded in the official records on or after July 1,
  572  2026, any such documents or restrictions are void and
  573  unenforceable to the extent that they conflict with this
  574  section.
  575         Section 4. Subsection (3) of section 177.071, Florida
  576  Statutes, is amended to read:
  577         177.071 Administrative approval of plats or replats by
  578  designated county or municipal official.—
  579         (3) The governing body of a county or municipality shall
  580  follow the application procedures established in s. 163.3254(6)
  581  upon receiving a plat or replat under this part Unless the
  582  applicant requests an extension of time, the administrative
  583  authority shall approve, approve with conditions, or deny the
  584  plat or replat submittal within the timeframe identified in the
  585  written notice provided to the applicant under subsection (2).
  586  If the administrative authority does not approve the plat or
  587  replat, it must notify the applicant in writing of the reasons
  588  for declining to approve the submittal. The written notice must
  589  identify all areas of noncompliance and include specific
  590  citations to each requirement the plat or replat submittal fails
  591  to meet. The administrative authority, or an official, an
  592  employee, an agent, or a designee of the governing body, may not
  593  request or require the applicant to file a written extension of
  594  time.
  595         Section 5. This act shall take effect July 1, 2026.