CS/CS/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 permits 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
requiring a governing body to establish a registry of 15
qualified contractors for a specified purpose; 16
specifying that the registry must include a minimum 17
number of qualified contractors; prohibiting a 18
qualified contractor from having certain conflicts of 19
interest; defining the term "conflict of interest"; 20
authorizing a governing body to issue addresses and 21
temporary parcel identification numbers for specified 22
purposes; requiring a governing body to issue a 23
specified number or percentage of building permits 24
requested in an applic ation when certain conditions 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
are met; setting forth certain conditions for 26
applicants who apply to the program; providing that an 27
applicant has a vested right in an approved 28
preliminary plat when certain conditions are met; 29
prohibiting a governing body fr om making substantive 30
changes to a preliminary plat without written consent; 31
requiring an applicant to indemnify and hold harmless 32
certain entities and persons; providing an exception; 33
providing an effective date. 34
35
Be It Enacted by the Legislature of t he State of Florida: 36
37
Section 1. Section 177.073, Florida Statutes, is created 38
to read: 39
177.073 Expedited approval of residential building permits 40
before a final plat is recorded. — 41
(1) As used in this section, the term: 42
(a) "Applicant" means a ho mebuilder or developer who files 43
an application with the local governing body to identify the 44
percentage of planned homes, or the number of building permits, 45
that the local governing body must issue for a residential 46
subdivision or planned community. 47
(b) "Final plat" means the final tracing, map, or site 48
plan presented by the subdivider to a governing body for final 49
approval, and, upon approval by the appropriate governing body, 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
is submitted to the clerk of the circuit court for recording. 51
(c) "Local building official" has the same meaning as in 52
s. 553.791(1). 53
(d) "Plans" means any building plans, construction plans, 54
engineering plans, or site plans, or their functional 55
equivalent, submitted by an applicant for a building permit. 56
(e) "Preliminary pla t" means a map or delineated 57
representation of the subdivision of lands that is a complete 58
and exact representation of the residential subdivision or 59
planned community and contains any additional information needed 60
to be in compliance with the requirements of this chapter. 61
(f) "Qualified contractor" includes, but is not limited 62
to, an engineer or engineering firm licensed under chapter 471; 63
a surveyor or mapper or a surveyor's or mapper's firm licensed 64
under chapter 472; an architect or architecture firm licensed 65
under part I of chapter 481; a landscape architect or landscape 66
architecture firm registered under part II of chapter 481; or 67
any other qualified professional who is certified in urban 68
planning or environmental management. 69
(2)(a) By October 1, 2 024, any governing body of a county 70
that has 75,000 residents or more and any governing body of a 71
municipality that has 25 acres or more of contiguous land that 72
the local government has designated in its comprehensive plan 73
and future land use map as land t hat is agricultural or to be 74
developed for residential purposes shall create a program to 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
expedite the process for issuing building permits for 76
residential subdivisions or planned communities in accordance 77
with the Florida Building Code and this section be fore a final 78
plat is recorded with the clerk of the circuit court. The 79
expedited process must include an application for an applicant 80
to identify the percentage of planned homes, not to exceed 50 81
percent of the residential subdivision or planned community, or 82
the number of building permits that the governing body must 83
issue for the residential subdivision or planned community. An 84
application or the governing body's final approval of an 85
application may not alter or restrict the applicant from 86
receiving the number of building permits requested, as long as 87
the request does not exceed 50 percent of the planned homes in 88
the residential subdivision or planned community or the number 89
of building permits. This paragraph does not: 90
1. Restrict the governing body fro m issuing more than 50 91
percent of the building permits for the residential subdivision 92
or planned community. 93
2. Apply to a county subject to s. 380.0552. 94
(b) A governing body that had a program in place before 95
July 1, 2023, to expedite the building permit process, need only 96
update their program to approve an applicant's written 97
application to issue up to 50 percent of the building permits 98
for the residential subdivision or planned community in order to 99
comply with this section. This paragraph does not restrict a 100
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governing body from issuing more than 50 percent of the building 101
permits for the residential subdivision or planned community. 102
(c) By December 31, 2027, any governing body of a county 103
that has 75,000 residents or more and any governing body of a 104
municipality that has 25 acres or more of contiguous land that 105
the local government has designated in its comprehensive plan 106
and future land use map as lan d that is agricultural or to be 107
developed for residential purposes shall update its program to 108
expedite the process for issuing building permits for 109
residential subdivisions or planned communities in accordance 110
with the Florida Building Code and this secti on before a final 111
plat is recorded with the clerk of the circuit court. The 112
expedited process must include an application for an applicant 113
to identify the percentage of planned homes, not to exceed 75 114
percent of the residential subdivision or planned commu nity, or 115
the number of building permits that the governing body must 116
issue for the residential subdivision or planned community. This 117
paragraph does not: 118
1. Restrict the governing body from issuing more than 75 119
percent of the building permits for the res idential subdivision 120
or planned community. 121
2. Apply to a county subject to s. 380.0552. 122
(3) A governing body shall create: 123
(a) A two-step application process for the adoption of a 124
preliminary plat, inclusive of any plans, in order to expedite 125
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the issuance of building permits under this section. The 126
application must allow an applicant to identify the percentage 127
of planned homes or the number of building permits that the 128
governing body must issue for the residential subdivision or 129
planned community. 130
(b) A master building permit process consistent with s. 131
553.794 for applicants seeking multiple building permits for 132
residential subdivisions or planned communities. For purposes of 133
this paragraph, a master building permit is valid for 3 134
consecutive years after its issuance or until the adoption of a 135
new Florida Building Code, whichever is earlier. After a new 136
Florida Building Code is adopted, the applicant may apply for a 137
new master building permit, which, upon approval, is valid for 3 138
consecutive years. 139
(4)(a) An applicant may use a private provider pursuant to 140
s. 553.791 to expedite the application process for building 141
permits after a preliminary plat is approved under this section. 142
(b) A governing body must establish a registry of at least 143
three qualified contractors who the governing body may use to 144
supplement staff resources, as determined by the governing body, 145
for processing and expediting the review of an application for a 146
preliminary plat or any plans related to such application. A 147
qualified contractor on the registry who is hired pursuant to 148
this section to review an application, or any part thereof, for 149
a preliminary plat, or any part thereof, may not have a conflict 150
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of interest with the applicant. For purposes of this paragraph, 151
the term "conflict of interest" has the same meaning as in s. 152
112.312. 153
(5) A governing body may work with appropriate local 154
government agencies to issue an address and a temporary parcel 155
identification number for lot lines and lot sizes based on the 156
metes and bounds of the plat contained in the application. 157
(6) The governing body must issue the number or percentage 158
of building permits requested by an applicant in accordance with 159
the Florida Building Code and this section, provided the 160
residential buildings or structur es are unoccupied and all of 161
the following conditions are met: 162
(a) The governing body has approved a preliminary plat for 163
each residential subdivision or planned community. 164
(b) The applicant provides proof to the governing body 165
that the applicant has p rovided a copy of the approved 166
preliminary plat, along with the approved plans, to the relevant 167
electric, gas, water, and wastewater utilities. 168
(c) The applicant holds a valid performance bond for up to 169
130 percent of the necessary improvements, as defin ed in s. 170
177.031(9), that have not been completed upon submission of the 171
application under this section. For purposes of a master planned 172
community as defined in s. 163.3202(5)(b), a valid performance 173
bond is required on a phase -by-phase basis. 174
(7)(a) An applicant may contract to sell, but may not 175
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transfer ownership of, a residential structure or building 176
located in the residential subdivision or planned community 177
until the final plat is approved by the governing body and 178
recorded in the public records by the clerk of the circuit 179
court. 180
(b) An applicant may not obtain a temporary or final 181
certificate of occupancy for each residential structure or 182
building for which a building permit is issued until the final 183
plat is approved by the governing body and rec orded in the 184
public records by the clerk of the circuit court. 185
(8) For purposes of this section, an applicant has a 186
vested right in a preliminary plat that has been approved by a 187
governing body if all of the following conditions are met: 188
(a) The applicant relies in good faith on the approved 189
preliminary plat or any amendments thereto. 190
(b) The applicant incurs obligations and expenses, 191
commences construction of the residential subdivision or planned 192
community, and is continuing in good faith with the d evelopment 193
of the property. 194
(9) Upon the establishment of an applicant's vested rights 195
in accordance with subsection (8), a governing body may not make 196
substantive changes to the preliminary plat without the 197
applicant's written consent. 198
(10) An applicant must indemnify and hold harmless the 199
local government, its governing body, its employees, and its 200
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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
agents from liability or damages resulting from the issuance of 201
a building permit or the construction, reconstruction, or 202
improvement or repair of a reside ntial building or structure, 203
including any associated utilities, located in the residential 204
subdivision or planned community. Additionally, an applicant 205
must indemnify and hold harmless the local government, its 206
governing body, its employees, and its agent s from liability or 207
disputes resulting from the issuance of a certificate of 208
occupancy for a residential building or structure that is 209
constructed, reconstructed, improved, or repaired before the 210
approval and recordation of the final plat of the qualified 211
project. This indemnification includes, but is not limited to, 212
any liability and damage resulting from wind, fire, flood, 213
construction defects, bodily injury, and any actions, issues, or 214
disputes arising out of a contract or other agreement between 215
the developer and a utility operating in the residential 216
subdivision or planned community. However, this indemnification 217
does not extend to governmental actions that infringe on the 218
applicant's vested rights. 219
Section 2. This act shall take effect upon becoming a law. 220