HB 739 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local government land development 2
actions; amending ss. 125.022 and 166.033, F.S.; 3
specifying the deficiencies which a county or 4
municipality, respectively, may provide comments on 5
regarding applications for development permits or 6
development orders; amending s. 163.3202, F.S.; 7
requiring local governments to adopt residential 8
infill development standards by a specified date; 9
providing a description of the term "residential 10
infill development;" providing guidelines to be used 11
by local governments in developing residential infill 12
development standards; requiring local governments to 13
adopt regulations to be used by applicants seeking 14
areas to be designated as a residential infill 15
development; prohibiting a local government from 16
approving applications with many deficiencies; 17
prohibiting a local government from denying 18
applications if the applicant has generally complied 19
with the regulations; providing appeal procedures; 20
requiring local governments to amend their development 21
regulations and comp rehensive plans to incorporate 22
residential infill developments as zoning 23
classifications; amending s. 553.792, F.S.; specifying 24
the deficiencies over which a local government may 25
HB 739 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provide comments or request information on regarding 26
applications for buildin g permits; providing an 27
effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Subsection (1) of section 125.022, Florida 32
Statutes, is amended to read: 33
125.022 Development permits and orders. — 34
(1)(a) Within 30 days after receiving an application for 35
approval of a development permit or development order, a county 36
must review the application for completeness and issue a letter 37
indicating that all required information is submitted or 38
specifying with particularity any areas that are deficient. If 39
the application is deficient, the applicant has 30 days to 40
address the deficiencies by submitting the required additional 41
information. 42
(b) Once the applicant has provided responses concerning 43
the areas that were deficient, t he county may only provide 44
additional comments on the deficiencies that are directly 45
related to the deficiencies that were identified during the 46
first review period or that directly address the responses given 47
by the applicant. The county may also make add itional comments 48
as a result of new information submitted by the applicant. 49
(c) Within 120 days after the county has deemed the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
application complete, or 180 days for applications that require 51
final action through a quasi -judicial hearing or a public 52
hearing, the county must approve, approve with conditions, or 53
deny the application for a development permit or development 54
order. Both parties may agree to a reasonable request for an 55
extension of time, particularly in the event of a force majeure 56
or other extraordinary circumstance. An approval, approval with 57
conditions, or denial of the application for a development 58
permit or development order must include written findings 59
supporting the county's decision. The timeframes contained in 60
this subsection do not a pply in an area of critical state 61
concern, as designated in s. 380.0552. 62
Section 2. Subsection (1) of section 166.033, Florida 63
Statutes, is amended to read: 64
166.033 Development permits and orders. — 65
(1)(a) Within 30 days after receiving an applicati on for 66
approval of a development permit or development order, a 67
municipality must review the application for completeness and 68
issue a letter indicating that all required information is 69
submitted or specifying with particularity any areas that are 70
deficient. If the application is deficient, the applicant has 30 71
days to address the deficiencies by submitting the required 72
additional information. 73
(b) Once the applicant has provided responses concerning 74
the areas that were deficient, the municipality may only provide 75
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additional comments on the deficiencies that are directly 76
related to the deficiencies that were identified during the 77
first review period or that directly address the responses given 78
by the applicant. The municipality may also make additional 79
comments as a result of new information submitted by the 80
applicant. 81
(c) Within 120 days after the municipality has deemed the 82
application complete, or 180 days for applications that require 83
final action through a quasi -judicial hearing or a public 84
hearing, the municipality must approve, approve with conditions, 85
or deny the application for a development permit or development 86
order. Both parties may agree to a reasonable request for an 87
extension of time, particularly in the event of a force majeure 88
or other extraordinary circumstance. An approval, approval with 89
conditions, or denial of the application for a development 90
permit or development order must include written findings 91
supporting the municipality's decision. The timeframes contained 92
in this subsection do not apply in an area of critical state 93
concern, as designated in s. 380.0552 or chapter 28 -36, Florida 94
Administrative Code. 95
Section 3. Subsection (7) is added to section 163.3202, 96
Florida Statutes, to read: 97
163.3202 Land development regulations. — 98
(7) Each local government must adopt residential infill 99
development standards in its land use regulations by October 1, 100
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2022, to ensure a uniform process for new development. The 101
residential infill development standards must be considered in 102
local decisionmaking. 103
(a) A residential infill development is an important 104
component and useful mechanism for a local government to promote 105
redevelopment and revitalization. A residential infill 106
development is not intended to promote the premature subdivision 107
of land which exceeds the average densities of the immediate 108
vicinity and produces excessively smaller lots than those found 109
on surrounding parcels, but should consider the current land 110
development patterns within the immediate vicinity. Residential 111
infill developments are intended to aid in the revitalization of 112
existing communities by encouraging consistent and compatible 113
redevelopment and to promote reinvestment in established 114
neighborhoods and cure blighted parcels. For purposes of this 115
subsection, a "resident ial infill development" is an area 116
consisting of a development or subdivision of land designated as 117
such by a local government wherein the dimensional requirements 118
of the land use district are relaxed and the local government 119
review process is expedited. 120
(b) Local governments must use the following guidelines in 121
developing the residential infill development standards: 122
1. The size of the land development or subdivision may be 123
below the minimum dimensional requirements of the land use 124
category in which it is located. 125
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2. A residential infill development may not exceed the 126
maximum allowable density established by the local government's 127
comprehensive plan. 128
3. A residential infill development area must be located 129
in an area with a defined development patte rn. 130
4. A residential infill development area must be located 131
within one or more residential suburban or residential low land 132
use districts. 133
5. A residential infill development area must be located 134
in an area with sufficient services to avoid future pub lic 135
service deficiencies. A local government, in reviewing an 136
application for a residential infill development, shall consider 137
the availability of schools, public water, public sewer, road 138
capacities, law enforcement protection, fire protection, 139
emergency medical service, and reasonable proximity to public 140
parks. 141
6. A residential infill development may be allowed on a 142
parcel that is adjacent to similar development. 143
7. Lots within a residential infill development must be at 144
least as large as the average lot size in the immediate 145
vicinity. 146
8. Building setbacks may be greater than or equal to the 147
average building setback found on abutting parcels. Building 148
setbacks may also be consistent with the dimensional 149
requirements of the land use district as specif ied in the local 150
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government's land development code. 151
9. If a residential infill development abuts a roadway 152
stub-out, the new roadways built must connect to the roadway 153
stub-out. 154
10. Stormwater retention facilities within a residential 155
infill development may not be constructed to degrade or 156
adversely affect the existing character of the immediate 157
vicinity. 158
11. A residential infill development may not be larger 159
than 120 acres. Developments shall not be phased or 160
incrementally expanded with the intent t o circumvent the acreage 161
limit. 162
12 Building types within the residential infill 163
development may only include types that exist on any parcel in 164
the immediate vicinity, but may not include mobile homes. 165
(c) Each local government must adopt guidelines to be used 166
by applicants seeking designations as residential infill 167
developments. The regulations must provide procedures for the 168
review of applications. The regulations must require that the 169
applicant: 170
1 Consider whether the residential infill development 171
recognizes the surrounding pattern of development and whether 172
the residential infill development is contrary to the density 173
and dimensional requirements of land tracts that abut the 174
development. 175
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2. Consider the surrounding pattern of development, 176
including existing road layout, densities, lot sizes, and 177
setbacks of parcels and developments that abut the subject site. 178
3. Check the appropriate statements regarding the 179
provision of potable water, sewer, public parks, public schools, 180
traffic capacity, and p ublic roadways, using a checklist similar 181
to the following: 182
183
[ ] The residential infill development connects to 184
central water and sewer. 185
[ ] No objection from law enforcement does not object 186
to the residential infill development. 187
[ ] The residential inf ill development is within the 188
average response time of the local government fire and 189
emergency medical services. 190
[ ] At least one park or playground is located within 191
2 miles of the residential infill development. 192
[ ] The schools are operating at adequat e capacity for 193
the residential infill development or concurrency 194
provisions have been made to ensure adequate capacity. 195
[ ] The roads within the residential infill 196
development will be constructed to follow the existing 197
roadway network found in the immedia te vicinity. New 198
roads will be required to connect to stub -outs that 199
were originally constructed to connect new development 200
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with existing developments. 201
[ ] The sidewalks within the residential infill 202
development will be installed along one side of 203
collector and arterial roads when existing sidewalk 204
infrastructure is located within 100 feet of the 205
development. 206
[ ] Minimum lot sizes will be determined by the 207
average lot size of parcels in the immediate vicinity 208
or at least 5,500 square feet, whichever is gr eater. 209
[ ] Infill development will be either determined by 210
the dimensional requirements established for the land 211
use district in which the site is located or determined 212
by the average setback and height of existing 213
structures on parcels in the immediate v icinity. 214
215
(d)1. A local government may not approve an application as 216
a residential infill development if it contains many 217
deficiencies. Where deficiencies exist, the applicant bears the 218
burden to prove the benefits of the residential infill 219
development outweigh the deficiencies in services. 220
2. A local government may not deny an applicant's request 221
for designation as a residential infill development if the 222
applicant has complied with the general intent and development 223
standards of this subsection. 224
(e) An applicant may appeal a denial of an application to 225
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a local government planning commission. Appeals to a local 226
government planning commission shall follow a local government 227
planning commission's rule and regulations. 228
(f) Each local government must amend its development 229
regulations to include residential infill development as a 230
zoning classification and must incorporate it as an appropriate 231
land use classification under the local government comprehensive 232
plan. 233
Section 4. Paragraph (a) of subsecti on (1) of section 234
553.792, Florida Statutes, is amended and paragraph (c) is added 235
to subsection (2) of that section, to read: 236
553.792 Building permit application to local government. — 237
(1)(a) Within 10 days after of an applicant submits 238
submitting an application to the local government, the local 239
government shall advise the applicant what information, if any, 240
is needed to deem the application properly completed in 241
compliance with the filing requirements published by the local 242
government. If the local go vernment does not provide written 243
notice that the applicant has not submitted the properly 244
completed application, the application shall be automatically 245
deemed properly completed and accepted. Within 45 days after 246
receiving a completed application, a local government must 247
notify an applicant if additional information is required for 248
the local government to determine the sufficiency of the 249
application, and shall specify the additional information that 250
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is required. However, the local government may only reque st more 251
information on the additional information provided to the local 252
government by the applicant and may not make new comments on the 253
original application. The applicant must submit the additional 254
information to the local government or request that the local 255
government act without the additional information. While the 256
applicant responds to the request for additional information, 257
the 120-day period described in this subsection is tolled. Both 258
parties may agree to a reasonable request for an extension of 259
time, particularly in the event of a force majeure or other 260
extraordinary circumstance. The local government must approve, 261
approve with conditions, or deny the application within 120 days 262
after following receipt of a completed application. 263
(2) 264
(c) Notwithstanding any local ordinance that may otherwise 265
apply to the contrary, if an applicant provides additional 266
information based on deficiencies identified by the local 267
government in the application, the local government may only 268
provide additional comments t hat are directly related to the 269
deficiencies that were identified during the first review period 270
or that directly address the responses given by the applicant. 271
The local government may also make additional comments as a 272
result of new information submitted by the applicant. 273
Section 5. This act shall take effect July 1, 2022. 274