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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; requiring the 7
expedited process to include a certain application; 8
requiring certain governing bodies to update its 9
program in a specified manner; providing 10
applicability; requiring a governing body to create 11
certain processes for purposes of the program; 12
authorizing applicants to use a private provider to 13
expedite the process for certain building permits; 14
authorizing a governing body to issue addresses and 15
temporary parcel identification numbers for specified 16
purposes; requiring a governing body to issue a 17
specified number or percentage of building permits 18
requested in an application when certain conditions 19
are met; setting forth certain conditions for 20
applicants who apply to the program; providing that an 21
applicant has a vested right in an approved 22
preliminary plat when certain conditions are met; 23
prohibiting a governing body from making substantive 24
changes to a preliminary plat without written consent; 25
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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
requiring an applicant to indemnify and hold harmless 26
certain entities and persons; providing an exception; 27
providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Section 177.073, Florida Statutes, is created 32
to read: 33
177.073 Expedited approval of residential building permits 34
before a final plat is recorded. — 35
(1) As used in this section, the term: 36
(a) "Applicant" means a homebuilder or developer who files 37
an application with the local governing body to identify the 38
percentage of planned homes, or the number of build ing permits, 39
that the local governing body must issue for a residential 40
subdivision or planned community. 41
(b) "Final plat" means the final tracing, map, or site 42
plan presented by the subdivider to a governing body for final 43
approval, and, upon approval b y the appropriate governing body, 44
is submitted to the clerk of the circuit court for recording. 45
(c) "Local building official" has the same meaning as in 46
s. 553.791(1). 47
(d) "Plans" means any building plans, construction plans, 48
engineering plans, or site plans, or their functional 49
equivalent, submitted by an applicant for a building permit. 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
(e) "Preliminary plat" means a map or delineated 51
representation of the subdivision of lands that is a complete 52
and exact representation of the residential subdivisio n or 53
planned community and contains any additional information needed 54
to be in compliance with the requirements of this chapter. 55
(2)(a) By October 1, 2024, the governing body of a county 56
that has 75,000 residents or more and the governing body of a 57
municipality that has 30,000 residents or more shall create a 58
program to expedite the process for issuing building permits for 59
residential subdivisions or planned communities in accordance 60
with the Florida Building Code and this section before a final 61
plat is recorded with the clerk of the circuit court. The 62
expedited process must include an application for an applicant 63
to identify the percentage of planned homes, not to exceed 50 64
percent of the residential subdivision or planned community, or 65
the number of building permits that the governing body must 66
issue for the residential subdivision or planned community. This 67
paragraph does not: 68
1. Restrict the governing body from issuing more than 50 69
percent of the building permits for the residential subdivision 70
or planned community. 71
2. Apply to a county subject to s. 380.0552. 72
(b) A governing body that had a program in place before 73
July 1, 2023, to expedite the building permit process, need only 74
update their program to approve an applicant's written 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
application to issue up to 50 percent of the building permits 76
for the residential subdivision or planned community in order to 77
comply with this section. This paragraph does not restrict a 78
governing body from issuing more than 50 percent of the building 79
permits for the residential subdivision or planned community. 80
(c) By December 31, 2027, the governing body of a county 81
that has 75,000 residents or more and the governing body of a 82
municipality that has 30,000 residents or more shall update its 83
program to expedite the process for issuing building permits for 84
residential subdivisions or planned communities in accordance 85
with the Florida Building Code and this section before a final 86
plat is recorded with the clerk of the circuit court. The 87
expedited process must include a n application for an applicant 88
to identify the percentage of planned homes, not to exceed 75 89
percent of the residential subdivision or planned community, or 90
the number of building permits that the governing body must 91
issue for the residential subdivision o r planned community. This 92
paragraph does not: 93
1. Restrict the governing body from issuing more than 75 94
percent of the building permits for the residential subdivision 95
or planned community. 96
2. Apply to a county subject to s. 380.0552. 97
(3) A governing body shall create: 98
(a) A two-step application process for the adoption of a 99
preliminary plat, inclusive of any plans, in order to expedite 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 issuance of building permits under this section. The 101
application must allow an applicant to identify the percen tage 102
of planned homes or the number of building permits that the 103
governing body must issue for the residential subdivision or 104
planned community. 105
(b) A master building permit process consistent with s. 106
553.794 for applicants seeking multiple building perm its for 107
residential subdivisions or planned communities. For purposes of 108
this paragraph, a master building permit is valid for 3 109
consecutive years after its issuance or until the adoption of a 110
new Florida Building Code, whichever is earlier. After a new 111
Florida Building Code is adopted, the applicant may apply for a 112
new master building permit, which, upon approval, is valid for 3 113
consecutive years. 114
(4) An applicant may use a private provider consistent 115
with s. 553.791 to expedite the application process a s described 116
in this section. 117
(5) A governing body may work with appropriate local 118
government agencies to issue an address and a temporary parcel 119
identification number for lot lines and lot sizes based on the 120
metes and bounds of the plat contained in the application. 121
(6) The governing body must issue the number or percentage 122
of building permits requested by an applicant in accordance with 123
the Florida Building Code and this section, provided the 124
residential buildings or structures are unoccupied and all o f 125
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the following conditions are met: 126
(a) The governing body has approved a preliminary plat for 127
each residential subdivision or planned community. 128
(b) The applicant provides proof to the governing body 129
that the applicant has provided a copy of the appro ved 130
preliminary plat, along with the approved plans, to the relevant 131
electric, gas, water, and wastewater utilities. 132
(c) The applicant holds a valid performance bond for up to 133
130 percent of the necessary improvements, as defined in s. 134
177.031(9), that have not been completed upon submission of the 135
application under this section. For purposes of a master planned 136
community as defined in s. 163.3202(5)(b), a valid performance 137
bond is required on a phase -by-phase basis. 138
(7)(a) An applicant may contract to sell, but may not 139
transfer ownership of, a residential structure or building 140
located in the residential subdivision or planned community 141
until the final plat is approved by the governing body and 142
recorded in the public records by the clerk of the circuit 143
court. 144
(b) An applicant may not obtain a final certificate of 145
occupancy for each residential structure or building for which a 146
building permit is issued until the final plat is approved by 147
the governing body and recorded in the public records by the 148
clerk of the circuit court. 149
(8) For purposes of this section, an applicant has a 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
vested right in a preliminary plat that has been approved by a 151
governing body if all of the following conditions are met: 152
(a) The applicant relies in good faith on the approved 153
preliminary plat or any amendments thereto. 154
(b) The applicant incurs obligations and expenses, 155
commences construction of the residential subdivision or planned 156
community, and is continuing in good faith with the development 157
of the property. 158
(9) Upon the establishment of an applicant's vested rights 159
in accordance with subsection (8), a governing body may not make 160
substantive changes to the preliminary plat without the 161
applicant's written consent. 162
(10) An applicant must indemnify and hold harmless the 163
local government, its governing body, its employees, and its 164
agents from liability or damages resulting from the issuance of 165
a building permit or the construction, reconstruction, or 166
improvement or repair of a residential building or structure, 167
including any associated utilities, located in the residential 168
subdivision or planned community. Additionally, an applicant 169
must indemnify and hold harmless the local government, its 170
governing body, its employees, and its agents from liability or 171
disputes resulting f rom the issuance of a certificate of 172
occupancy for a residential building or structure that is 173
constructed, reconstructed, improved, or repaired before the 174
approval and recordation of the final plat of the qualified 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
project. This indemnification includes, but is not limited to, 176
any liability and damage resulting from wind, fire, flood, 177
construction defects, bodily injury, and any actions, issues, or 178
disputes arising out of a contract or other agreement between 179
the developer and a utility operating in the re sidential 180
subdivision or planned community. However, this indemnification 181
does not extend to governmental actions that infringe on the 182
applicant's vested rights. 183
Section 2. This act shall take effect upon becoming a law. 184