HB 665 2024
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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 expedited approval of residential 2
building permits; creating s. 177.073, F.S.; providing 3
definitions; requiring certain governing bodies, by a 4
date certain, to create a program to expedite the 5
process for issuing residential building per mits 6
before a final plat is recorded; providing 7
requirements for such program; providing an exception 8
and construction; requiring certain governing bodies, 9
by a date certain, to update their programs to conform 10
to the Florida Building Code; providing const ruction; 11
requiring a governing body to create certain processes 12
for purposes of the program; specifying the length of 13
time a master building permit is valid; authorizing 14
applicants to use a private provider for certain 15
reviews; authorizing a governing body to issue 16
addresses and temporary parcel identification numbers 17
for specified purposes; requiring a governing body to 18
issue a specified number or percentage of building 19
permits requested in an application when certain 20
conditions are met; setting forth cert ain conditions 21
for applicants who apply to the program; providing 22
that an applicant has a vested right in an approved 23
preliminary plat when certain conditions are met; 24
requiring a local building official and a local 25
HB 665 2024
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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
governing body to mail a signed, certifi ed letter with 26
specified information to the Department of Business 27
and Professional Regulation and the Department of 28
Commerce, respectively, after the governing body 29
creates the program; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
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Section 1. Section 177.073, Florida Statutes, is created 34
to read: 35
177.073 Expedited approval of residential building permits 36
before a final plat is recorded. — 37
(1) As used in this section, the term: 38
(a) "Applicant" means a homebuilder or developer that 39
files an application with the local governing body to identify 40
the percentage of planned homes that the local governing body 41
must issue for the residential subdivision or planned community. 42
(b) "Final plat" means the final tracing, map, or site 43
plan presented by the subdivider to a governing body for final 44
approval, and, upon approval by the appropriate governing body, 45
is submitted to the clerk of the circuit court for recording. 46
(c) "Local building official" has the same m eaning as in 47
s. 553.791(1). 48
(d) "Plans" means any building plans, construction plans, 49
engineering plans, or site plans, or their functional 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
equivalent, submitted by an applicant for a building permit. 51
(e) "Preliminary plat" means a map or delineated 52
representation of the subdivision of lands that is a complete 53
and exact representation of the residential subdivision or 54
planned community and contains any additional information needed 55
to be in compliance with the requirements of this chapter. 56
(2)(a) By August 15, 2024, the governing body of a county 57
that has 75,000 residents or more and the governing body of a 58
municipality that has 30,000 residents or more shall create a 59
program to expedite the process for issuing building permits for 60
residential subdivis ions or planned communities in accordance 61
with the Florida Building Code and this section before a final 62
plat is recorded with the clerk of the circuit court. The 63
expedited process must include an application for an applicant 64
to identify the percentage of planned homes that the governing 65
body must issue for the residential subdivision or planned 66
community, not to exceed 50 percent of the residential 67
subdivision or planned community. This subsection does not 68
restrict a local government from issuing building permits that 69
exceed 50 percent of the residential subdivision or planned 70
community. 71
(b) A governing body that had a program in place before 72
July 1, 2023, to expedite the building permit process, need only 73
update their program to approve an applicant's wr itten 74
application to issue up to 50 percent of the building permits 75
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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
for the residential subdivision or planned community in order to 76
comply with this section. This paragraph does not prohibit a 77
governing body from issuing more than 50 percent of the buildi ng 78
permits for a residential subdivision or planned community. This 79
subsection does not restrict a local government from issuing 80
building permits that exceed 50 percent of the residential 81
subdivision or planned community. 82
(c) By December 31, 2028, the go verning body of a county 83
that has 75,000 residents or more and the governing body of a 84
municipality that has 30,000 residents or more shall update its 85
program to expedite the process for issuing building permits for 86
residential subdivisions or planned comm unities in accordance 87
with the Florida Building Code and this section before a final 88
plat is recorded with the clerk of the circuit court. The 89
expedited process must contain an application for an applicant 90
to identify the percentage, up to 75 percent, of p lanned homes 91
that the local governing body must issue for the residential 92
subdivision or planned community. This subsection does not 93
restrict a local government from issuing building permits that 94
exceed 75 percent of the residential subdivision or planned 95
community. 96
(3) A governing body shall create: 97
(a) A two-step application process that includes the 98
adoption of a preliminary plat and a final plat in order to 99
expedite the issuance of building permits under this section. 100
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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
The application must allow an a pplicant to identify the 101
percentage of planned homes that the governing body must issue 102
for the residential subdivision or planned community. The 103
governing body shall maximize its administrative processes to 104
expedite the review and approval of applications , plats, and 105
plans submitted under this section. 106
(b) A master building permit process consistent with s. 107
553.794(3) for applicants seeking multiple building permits for 108
residential subdivisions or planned communities. For purposes of 109
this paragraph, a master building permit is valid for 3 110
consecutive years after its issuance or until the adoption of a 111
new Florida Building Code, whichever is later. After a new 112
Florida Building Code is adopted, the applicant may apply for a 113
new master building permit, whi ch, upon approval, is valid for 3 114
consecutive years. 115
(4) An applicant may use a private provider consistent 116
with s. 553.791 to review a preliminary plat and building permit 117
for each residential building or structure. 118
(5) A governing body may work with appropriate local 119
government agencies to issue an address and a temporary parcel 120
identification number for lot lines and lot sizes based on the 121
metes and bounds of the plat contained in the application. 122
(6) If an applicant requests a certain number or 123
percentage of building permits in his or her application, the 124
governing body must issue the number or percentage requested in 125
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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
accordance with the Florida Building Code, provided the 126
residential buildings or structures are unoccupied and all of 127
the following conditions are met: 128
(a) The governing body has approved a preliminary plat for 129
each residential building or structure. 130
(b) The applicant provides proof to the governing body 131
that the applicant has provided a copy of the approved 132
preliminary plat, along with the approved plans, to the relevant 133
electric, water, and wastewater utilities. 134
(c) The applicant holds a valid performance bond for up to 135
130 percent of the necessary utilities, roads, and stormwater 136
improvements that have not been completed upon s ubmission of the 137
application under this section. For purposes of master planned 138
communities, as defined in s. 163.3202(5)(b), a valid 139
performance bond is required on a phase -by-phase basis. 140
(7)(a) An applicant may contract to sell, but may not 141
transfer ownership of, a residential structure or building 142
located in the residential subdivision or planned community 143
until the final plat is approved by the governing body and 144
recorded in the public records by the clerk of the circuit 145
court. 146
(b) An applicant may not obtain a final certificate of 147
occupancy with respect to each residential structure or building 148
for which a building permit is issued until the final plat is 149
approved by the governing body and recorded in the public 150
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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
records by the clerk of the circuit court. 151
(c) An applicant must indemnify and hold harmless the 152
governing body and its agents and employees from damages 153
accruing and directly related to the issuance of a building 154
permit for a residential building or structure located in the 155
residential subdivision or planned community before the approval 156
and recording of the final plat by the governing body. This 157
includes damage resulting from fire, flood, construction 158
defects, and bodily injury. 159
(8) For purposes of this section, an applicant has a 160
vested right in a preliminary plat that has been approved by a 161
governing body if all of the following conditions are met: 162
(a) The applicant relies in good faith on the approved 163
preliminary plat. 164
(b) The applicant substantially changes his or her 165
position, including making improvements pursuant to s. 166
177.301(9), or incurs other obligations and expenses. 167
(c) Any change by the governing body and its agents and 168
employees from a cause of action directly related to the 169
issuance of a building permit would constit ute an inequitable 170
interference in the approved preliminary plat. 171
(9) After a governing body creates the program required 172
under this section, the local building official shall send by 173
certified mail, return receipt requested, to the Department of 174
Business and Professional Regulation a signed, certified letter 175
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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
indicating that the program has been established. The letter 176
must contain a brief explanation of the program, including how 177
the program expedites the process of issuing building permits 178
for residential subdivisions or planned communities before the 179
final plat is recorded. 180
(10) After a governing body creates the program required 181
under this section, the local governing body shall send by 182
certified mail, return receipt requested, to the Department of 183
Commerce a signed, certified letter indicating that the program 184
has been established. The letter must contain a brief 185
explanation of the program, including how the program expedites 186
the process of issuing building permits for residential 187
subdivisions or planned communities before the final plat is 188
recorded. 189
Section 2. This act shall take effect upon becoming a law. 190