This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0665d.COM
DATE: 2/6/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 665 Expedited Approval of Residential Building Permits
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, McClain
TIED BILLS: IDEN./SIM. BILLS: SB 812
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
11 Y, 2 N, As CS Wright Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
10 Y, 5 N Mwakyanjala Darden
3) Commerce Committee Wright Hamon
SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building
permits.
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, and is generally
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and tracts.
Generally, a preliminary plat approval is approval of the development plan, and a final plat approval is approval
of a finalized development plan; engineering plans, if required; and documents confirming the parties with a
property interest; which is then recorded with the clerk of the circuit court.
Some local governments allow a developer to commence construction and issue building permits after a
preliminary plat has been issued, but before the plat is finalized.
The bill:
Requires certain local governments to create a process to expedite the issuance of building permits
based on a preliminary plat and to issue the number or percentage of building permits requested by an
applicant, if:
o The governing body has approved a preliminary plat for each residential building or structure.
o The applicant provides proof to the governing body that the applicant has provided a copy of the
approved preliminary plat, along with the approved plans, to the relevant electric, gas, water,
and wastewater utilities.
o The applicant holds a valid performance bond for up to 130 percent of the necessary
improvements that have not been completed upon submission of the application.
Provides that vested rights may be formed in a preliminary plat, under certain circumstances.
Allows such applicant to contract to sell, but not transfer ownership of, a residential structure or building
located in the preliminary plat before the final plat is approved.
Requires all local governments to create a master building permit process for residential subdivisions
and planned communities.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of upon becoming law. STORAGE NAME: h0665d.COM PAGE: 2
DATE: 2/6/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Plats
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable state requirements and of any local ordinances.
1
Generally, platting is
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and
tracts. These smaller areas become the residential lots, streets, and parks of a new residential sub-
division.
2
State law establishes consistent minimum requirements for the establishment of plats, and local
governing bodies have the power to regulate and control the platting of lands.
3
Prior to approval by the
appropriate governing body, the plat must be reviewed for conformity with state and local law and
sealed by a professional surveyor and mapper who is either employed by or under contract to the local
governing body.
4
Before a plat is offered for recording with the clerk of the circuit court, it must be approved by the
appropriate governing body, and evidence of such approval must be placed on the plat. If not approved,
the governing body must return the plat to the professional surveyor and mapper or the legal entity
offering the plat for recordation.
5
Jurisdiction over plat approval is as follows:
6
When the plat to be submitted for approval is located wholly within the boundaries of a
municipality, the governing body of the municipality has exclusive jurisdiction to approve the
plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of the
county has exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be
prepared and each governing body has exclusive jurisdiction to approve the plat within its
boundaries, unless the governing bodies having said jurisdiction agree that one plat is mutually
acceptable.
Every plat of a subdivision offered for recording must have certain information, including providing:
7
The name of the plat in bold legible letters, and the name of the subdivision, professional
surveyor and mapper or legal entity, and street and mailing address on each sheet.
The section, township, and range immediately under the name of the plat on each sheet
included, along with the name of the city, town, village, county, and state in which the land being
platted is situated.
The dedications and approvals by the surveyor and mapper and local governing body, and the
circuit court clerk’s certificate and the professional surveyor and mapper’s seal and statement.
All section lines and quarter section lines occurring within the subdivision. If the description is by
metes and bounds, all information called for, such as the point of commencement, course
1
S. 177.031(14), F.S.
2
Harry W. Carls, Florida Condo & HOA Law Blog, May 17, 2018, Why is a Plat so Important?,
https://www.floridacondohoalawblog.com/2018/05/17/why-is-a-plat-so-important/ (last visited Jan, 11, 2024).
3
S. 177.011, F.S.
4
S. 177.081(1), F.S.
5
S. 177.071(1), F.S.
6
Id.
7
S. 177.091, F.S. STORAGE NAME: h0665d.COM PAGE: 3
DATE: 2/6/2024
bearings and distances, and the point of beginning. If the platted lands are in a land grant or are
not included in the subdivision of government surveys, then the boundaries are to be defined by
metes and bounds and courses.
Location, width, and names of all streets, waterways, or other rights-of-way.
Location and width of proposed easements and existing easements identified in the title opinion
or property information report must be shown on the plat or in the notes or legend, and their
intended use.
All lots numbered either by progressive numbers or, if in blocks, progressively numbered in
each block, and the blocks progressively numbered or lettered, except that blocks in numbered
additions bearing the same name may be numbered consecutively throughout the several
additions.
Sufficient survey data to positively describe the bounds of every lot, block, street easement, and
all other areas shown on the plat.
Designated park and recreation parcels.
All interior excepted parcels clearly indicated and labeled “Not a part of this plat.”
The purpose of all areas dedicated clearly indicated or stated on the plat.
That all platted utility easements must provide that such easements are also easements for the
construction, installation, maintenance, and operation of cable television services; provided,
however, no such construction, installation, maintenance, and operation of cable television
services interferes with the facilities and services of an electric, telephone, gas, or other public
utility.
Preliminary Plat Approval
Many local governments around the state have a process to approve a preliminary plat before
approving a final plat. Generally, a preliminary plat is a technical, graphic representation of a proposed
development, including plans for streets, utilities, drainage, easements, and lot lines, for a proposed
subdivision. If a preliminary plat is required, it is generally a prerequisite for a final plat approval and the
submission of any property improvement plans or permit applications.
8
Generally, a preliminary plat approval is approval of the development plan, and a final plat approval is
approval of a finalized development plan; engineering plans, if required; and documents confirming the
parties with a property interest; which is then recorded with the clerk of the circuit court.
9
Based on a preliminary plat approval, some local governments allow a developer to commence
construction before the plat is finalized. For example, the City of Jacksonville, Village of Royal Palm
Beach, and the City of Tallahassee allow for a preliminary plat approval process.
10
In Jacksonville, the Planning and Development Department (Department) of the City of Jacksonville,
upon request of an applicant, may allow up to 50 percent of the lots within a proposed subdivision to be
developed, but not occupied, based on a preliminary plat approval so long as the developer or owner
meets the following conditions for construction:
11
Prior to Civil Plans submittal to the Department, the developer must submit the development
proposal to Jacksonville Electric Authority (JEA) for review.
Once JEA has granted preliminary approval, the Department will review the preliminary site
plan, the preliminary and final engineering plans for the required improvements, and the sheet
identifying the lots being requested for home construction prior to platting as approved by JEA.
8
For examples, see City of Zephyrhills Code of Ordinances s. 11.03.02.01; Palm Beach County Code of Ordinances Art.
11., Ch. A.; Seminole County, SEMINOLE COUNTY PLANNING & DEVELOPMENT DIVISION, Subdivision Application,
https://www.seminolecountyfl.gov/core/fileparse.php/3307/urlt/SUBDIVISION-05-2023.ADA.pdf (last visited Jan, 11,
2024).
9
Advance Surveying & Engineering, An In-Depth Look At Preliminary and Final Plats,
https://www.advsur.com/2019/07/an-in-depth-look-at-preliminary-and-final-plats/ (last visited Jan, 11, 2024).
10
City of Jacksonville Code of Ordinances s. 654-109, Village of Royal Palm Beach Code of Ordinances s. 22-22, City of
Tallahassee Code of Ordinances s. 9-92.
11
City of Jacksonville Code of Ordinances s. 654-139(d). STORAGE NAME: h0665d.COM PAGE: 4
DATE: 2/6/2024
The Department reserves the right to deny authorization for development on a specific lot or lots
to protect City interests.
The developer or owner must provide a guarantee for required improvements and warranty of
title.
A Certificate of Occupancy may not be issued until the final plat is approved by JEA and the
Department and recorded in the current public records of Duval County, Florida.
Approval of the preliminary plat and required supplemental material are valid for 12 months from
the date of approval. If the final plat is not submitted to and approved during the 12-month
period, the conditional approvals are null and void.
12
Vested Rights in Property Based on a Plat
In general, vested rights
13
form when a property owner or developer acquires real property rights that
cannot be taken by governmental regulation.
14
Property owners or developers who do not have vested
rights will be subject to subsequently enacted land regulations, while subsequently enacted land
regulations do not apply to the property owners or developers who are determined to have vested
rights.
15
Florida common law provides that vested rights in a property may be established if a property owner or
developer has:
16
In good faith reliance,
Upon some act or omission of government,
Made such a substantial change in position or has incurred such extensive obligations and
expenses,
That it would make it highly inequitable to interfere with the acquired right.
Recordation of a final plat with the clerk of the circuit court alone is not sufficient to establish vested
rights
17
in the land development regulations in existence at that time.
18
Instead, the property owner or
developer must take meaningful steps towards development of the property, such as applying for
development permits or expending certain monies,
19
to constitute a substantial change in position or be
considered extensive obligations and expenses towards development of the property in reliance on
some action by the local government.
20
Additionally, a property owner or developer may obtain vested rights in both a local government-
approved preliminary plat and a final plat, as long as expenditures or a substantial change have been
made by the property owner or developer based on such preliminary plat or plat.
21
12
City of Jacksonville Code of Ordinances s. 654-109(b).
13
Florida courts have used the concepts of vested rights and equitable estoppel interchangeably in deciding fault in
property rights cases. Equitable estoppel, in this instance, means focusing on whether it would be inequitable or fair to
allow a local government to deny prior conduct or position on building or development decisions. Robert M. Rhodes and
Cathy M. Sellers, Equitable Estoppel and Vested Rights in Land Use, The Florida Bar, II Florida Environmental and Land
Use Law 8, (1994).
14
Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes,
Urb.L.Ann. 63, 64-65 (1971).
15
Monroe County v. Ambrose, 866 So.2d 707, 712 (Fla. 3d DCA 2003); Kristin Melton, de la Parte & Gilbert P.A., When
are Rights Vested in a Platted Development?, 2016,
https://www.dgfirm.com/email/2016summer/article2.html#:~:text=Florida%20common%20law%20provides%20that,it%20
would%20make%20it%20highly (last visited Jan, 11, 2024).
16
Monroe County, 866 So.2d at 710.
17
Id.
18
Melton, supra note 16.
19
Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975).
20
Id.; Melton, supra note 16.
21
The Florida Companies v. Orange County, 411 So.2d 1008, 1011 (Fla. 5th DCA 1982) STORAGE NAME: h0665d.COM PAGE: 5
DATE: 2/6/2024
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.
22
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.
23
The current edition of
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code.
24
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction.
25
The Florida Building Commission (Commission) was created to implement the Building Code. The
Commission, which is housed within the Department of Business and Professional Regulation (DBPR),
is a 19-member technical body made up of design professionals, contractors, and government experts
in various disciplines covered by the Building Code. The Commission reviews several International
Codes published by the International Code Council,
26
the National Electric Code, and other nationally
adopted model codes to determine if the Building Code needs to be updated and adopts an updated
Building Code every three years.
27
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.
28
Every local government must enforce the Building Code and issue building permits.
29
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.
30
Any construction work that requires a building permit also requires
plan reviews and inspections by the building official, inspector, or plans examiner to ensure the work
complies with the Building Code.
31
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
22
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan, 11, 2024).
23
Id.
24
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan, 11, 2024).
25
See s. 553.72(1), F.S.
26
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 11, 2024).
27
S. 553.73(7)(a), F.S.
28
S. 553.72, F.S.
29
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
30
S. 468.603(2), F.S; § 202, FBC, Building, 7th Ed., (2020).
31
§§ 107, 110.1, and 110.3, FBC, Building, 7th Ed., (2020). STORAGE NAME: h0665d.COM PAGE: 6
DATE: 2/6/2024
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.
32
A building permit is not valid until
the fees for the permit have been paid.
33
To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the local enforcing agency, which must be posted on its website.
34
An application for a
permit must include building plans.
35
A local enforcing agency may not issue a permit until the building
official or plans reviewer has reviewed the building plans and determined that they comply with the
Building Code.
36
Building Permit Delays
Any delays in obtaining a building permit can delay the completion of a construction project. For
example, delays in the completion of a construction project may:
37
Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
Result in delayed occupancy of a project, including single-family residences and multi-family
residences.
Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department’s ability to enforce the applicable
construction codes. Streamlining the building permit process may:
38
Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue; and
Encourage economic development by having an efficient permit system.
Master Building Permit Program
A master building permit program is a streamlined permitting process created by a local government to
help builders who expect to construct identical single-family or two-family dwellings or townhomes on a
repetitive basis. Such program must be designed to achieve standardization and consistency during the
permitting process and to reduce the time spent by local building departments during the site-specific
building permit application process.
39
If a local building code administrator receives a written request from a licensed contractor for the
creation of a master building permit program, the local government must create such program within 6
months after receipt.
40
32
See ss. 125.56(4)(a) and 553.79(1), F.S.
33
§ 109.1 , FBC, Building, 7th Ed., (2020).
34
Ss. 125.56(4)(b), 553.79(1), and 713.135(5) and (6), F.S.
35
Ss. 468.603(8), and 553.79(2), F.S.
36
S. 553.79(2), F.S.
37
City of Austin Development Services Department, A Program for Expedited Permitting,
http://austintexas.gov/sites/default/files/files/8-9-2016_Report_on_Expedited_Permitting_Program.pdf (last visited Jan. 11,
2024); PricewaterhouseCoopers, The Economic Impact of Accelerating Permit Processes on Local Development and
Government Revenues, (Dec. 7, 2005).
38
Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https://www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Jan. 11, 2024).
39
S. 553.794(1), F.S.
40
Id. STORAGE NAME: h0665d.COM PAGE: 7
DATE: 2/6/2024
To obtain a master building permit after a program has been implemented, a builder must submit the
following information to the local building department:
41
A completed master building permit application.
A general construction plan with:
o All of the plan pages, documents, and drawings; signed and sealed by the design
professional of record;
42
and
o A written acknowledgment from the design professional that the plan pages, documents,
and drawings will be used for future site-specific building permit applications.
o A model design, which may include up to four alternate exterior elevations, each
containing the same living space footprint.
43
Truss specifications.
Energy performance calculations for all building orientations.
Once a master building permit application is approved, the local building department may only require
the builder to submit the following documents for each site-specific building permit application:
44
A completed site-specific building permit application that includes the master building permit
number and identifies the model design to be built, including elevation and garage style.
Three signed and sealed copies of the lot or parcel survey or site plan.
An affidavit by the design professional of record affirming that the attached master building
permit is a true and correct copy.
Complete mechanical drawings of the model design.
An approved master building permit remains valid until the Florida Building Code is updated,
45
which is
every 3 years.
46
Effect of the Bill
The bill requires a governing body to create:
A two-step application process for the adoption of a preliminary plat, inclusive of any plans, in
order to expedite the issuance of building permits related to such plats. The application must
allow an applicant to identify the percentage of planned homes, or the number of building
permits, that the governing body must issue for the residential subdivision or planned
community indicated in the preliminary plat.
A master building permit process consistent with existing master building permit application
requirements for applicants seeking multiple building permits for residential subdivisions or
planned communities.
o The bill provides that a master building permit issued pursuant to this requirement is
valid for 3 consecutive years after its issuance or until the adoption of a new Building
Code, whichever is earlier. After a new Building Code is adopted, the applicant may
apply for a new master building permit, which, upon approval, is valid for 3 consecutive
years.
By October 1, 2024, the bill requires a governing body of a county that has 75,000 residents or more
and a governing body of a municipality that has 30,000 residents or more to create a program to
expedite the process for issuing building permits for residential subdivisions or planned communities
before a final plat is recorded with the clerk of the circuit court.
Such expedited process must include an application for an applicant to identify up to 50
percent of planned homes, or the number of building permits, that the governing body must
issue for the residential subdivision or planned community. However, such a local government
41
S. 553.794(3), F.S
42
The design professional must be a licensed engineer or architect.
43
S. 553.794(4)(c), F.S
44
S. 553.794(6), F.S.
45
S. 553.794(5)(e), F.S.
46
S. 553.73(7)(a), F.S. STORAGE NAME: h0665d.COM PAGE: 8
DATE: 2/6/2024
may issue building permits that exceed 50 percent of the residential subdivision or planned
community.
By December 31, 2027, the bill requires such a governing body to update its expedited process to
contain an application that allows an applicant to request an increased percentage of up to 75
percent of building permits for planned homes that the local governing body must issue for the
residential subdivision or planned community. However, such a local government may issue building
permits that exceed 75 percent of the residential subdivision or planned community.
The timelines for creating such applications do not apply to a county subject to the designation of the
Florida Keys as an area of critical state concern in s. 380.0552, F.S., which is Monroe County.
If a governing body had a program in place before July 1, 2023, to expedite the building permit
process, the bill requires such governing body to only update their program to approve an applicant's
written application to issue up to 50 percent of the building permits for the residential subdivision or
planned community. However, such a local government may issue building permits that exceed 50
percent of the residential subdivision or planned community.
In accordance with the timelines above, the bill requires the governing body to issue the number or
percentage of building permits requested by an applicant, provided the residential buildings or
structures are unoccupied and all of the following conditions are met:
The governing body has approved a preliminary plat for each residential subdivision or planned
community.
The applicant provides proof to the governing body that the applicant has provided a copy of the
approved preliminary plat, along with the approved plans, to the relevant electric, gas, water,
and wastewater utilities.
The applicant holds a valid performance bond for up to 130 percent of the necessary
improvements
47
that have not been completed upon submission of the application. For purposes
of a master planned community,
48
a valid performance bond is required on a phase-by-phase
basis.
The bill allows an applicant to use a private provider to expedite the application process detailed
above.
The bill allows a governing body to work with appropriate local government agencies to issue an
address and a temporary parcel identification number for lot lines and lot sizes based on the metes and
bounds of the plat contained in an application.
The bill allows an applicant to contract to sell, but not transfer ownership of, a residential structure or
building located in the residential subdivision or planned community until the final plat is approved by
the governing body and recorded in the public records by the clerk of the circuit court.
The bill prohibits an applicant from obtaining a final certificate of occupancy for each residential
structure or building for which a building permit is issued until the final plat is approved by the governing
body and recorded in the public records by the clerk of the circuit court.
The bill provides that an applicant has a vested right in a preliminary plat that has been approved by a
governing body if all of the following conditions are met:
The applicant relies in good faith on the approved preliminary plat or any amendments thereto.
47
As defined in s. 177.031(9), F.S., improvements include, but are not limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names,
signs, landscaping, permanent reference monuments (P.R.M.s), permanent control points (P.C.P.s), monuments, or any
other improvement required by a governing body.
48
“Planned unit development” or “master planned community” means an area of land that is planned and developed as a
single entity or in approved stages with uses and structures substantially related to the character of the entire
development, or a self-contained development in which the subdivision and zoning controls are applied to the project as a
whole rather than to individual lots. S. 163.3203(5)(b), F.S. STORAGE NAME: h0665d.COM PAGE: 9
DATE: 2/6/2024
The applicant incurs obligations and expenses, commences construction of the residential
subdivision or planned community, and is continuing in good faith with the development of the
property.
The bill provides that upon the establishment of an applicant's vested rights, a governing body may not
make substantive changes to the preliminary plat without the applicant's written consent.
The bill requires an applicant to indemnify and hold harmless the local government, its governing body,
its agents, and its employees from:
Liability or damages resulting from the issuance of a building permit or the construction,
reconstruction, or improvement or repair of a residential building or structure, including any
associated utilities, located in the residential subdivision or planned community.
Liability or disputes resulting from the issuance of a certificate of occupancy for a residential
building or structure that is constructed, reconstructed, improved, or repaired before the
approval and recordation of the final plat of the qualified project.
This indemnification includes, but is not limited to, any liability and damage resulting from wind, fire,
flood, construction defects, bodily injury, and any actions, issues, or disputes arising out of a contract or
other agreement between the developer and a utility operating in the residential subdivision or planned
community.
However, this indemnification does not extend to governmental actions that infringe on the applicant's
vested rights.
The bill provides the following definitions:
"Applicant" means a homebuilder or developer that files an application with the local governing
body to identify the percentage of planned homes, or the number of building permits, that the
local governing body must issue for a residential subdivision or planned community.
"Final plat" means the final tracing, map, or site plan presented by the subdivider to a governing
body for final approval, and, upon approval by the appropriate governing body, is submitted to
the clerk of the circuit court for recording.
"Preliminary plat" means a map or delineated representation of the subdivision of lands that is a
complete and exact representation of the residential subdivision or planned community and
contains required land boundary information.
Provides an effective date of upon becoming a law.
B. SECTION DIRECTORY:
Section 1: Creates s. 177.073, F.S.; relating to approval of certain building permits pursuant to a
preliminary plat.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues: STORAGE NAME: h0665d.COM PAGE: 10
DATE: 2/6/2024
None.
2. Expenditures:
This bill may impact local governments because they may have to hire more employees to meet the
prescribed timeframes.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The streamlined permitting and development processes in the bill may expedite development across
the state. However, permit fees may be raised by local governments in order to meet timing
requirements.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 17, 2024, the Regulatory Reform & Economic Development Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The committee substitute:
Clarifies that an applicant must commence construction and continue to develop the property in
good faith in order to obtain vested rights.
Requires the governing body to obtain written consent of the applicant before it may make
substantive changes to the preliminary plat.
Requires the applicant to indemnify and hold harmless the local government, governing body, its
agents, and its employees, from certain liability related to the improvement of the property, including
to any associated utilities, and from certain disputes related to obtaining a certificate of occupancy.
o However, such indemnification does not extend to governmental action that infringe on the
applicant’s vested rights.
Changes the date by which a governing body must allow an applicant to obtain:
o Up to 50 percent of permits pursuant to a preliminary plat, to October 1, 2024, from August
1, 2024.
o Up to 75 percent of permits pursuant to a preliminary plat, to December 1, 2027, from
December 1, 2028. STORAGE NAME: h0665d.COM PAGE: 11
DATE: 2/6/2024
Exempts Monroe County from the provisions which require the governing body to issue a certain
percentage of permits pursuant to a preliminary plat.
Provides that a master building permit is valid for 3 consecutive years after its issuance or until the
adoption of a new Florida Building Code, whichever is earlier, instead of later.
Requires an applicant for permits pursuant to a preliminary plat to provide a copy of the approved
plat to relevant gas utilities.
Removes provisions requiring certain reporting to the Department of Business and Professional
Regulation and the Department of Commerce.
Clarifies language and corrects grammatical errors.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.