CS/HB 791 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 development permits and orders; 2
amending ss. 125.022 and 166.033, F.S.; requiring 3
counties and municipalities, respectively, to meet 4
specified requirements regarding the minimum 5
information necessary for certain zoning applications; 6
revising timeframes for processing applications for 7
approvals of development permits or development 8
orders; defining the term "substantive change"; 9
providing refund parameters in situations where the 10
county or municipality, respectively, fails to meet 11
certain timeframes; providing exceptions; providing an 12
effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 125.022, Fl orida Statutes, is amended 17
to read: 18
125.022 Development permits and orders. — 19
(1) A county must specify in writing the minimum 20
information that must be submitted in an application for a 21
zoning approval, rezoning approval, subdivision approval, 22
certification, special exception, or variance. A county must 23
make the minimum information available for inspection and 24
copying at the location where the county receives applications 25
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for development permits and orders, provide the information to 26
the applicant at a p reapplication meeting, or post the 27
information on the county's website. 28
(2) Within 5 business days after receiving an application 29
for approval of a development permit or development order, a 30
county shall confirm receipt of the application using contact 31
information provided by the applicant. Within 30 days after 32
receiving an application for approval of a development permit or 33
development order, a county must review the application for 34
completeness and issue a written notification to the applicant 35
letter indicating that all required information is submitted or 36
specify specifying with particularity any areas that are 37
deficient. If the application is deficient, the applicant has 30 38
days to address the deficiencies by submitting the required 39
additional information. For applications that do not require 40
final action through a quasi -judicial hearing or a public 41
hearing, the county must approve, approve with conditions, or 42
deny the application for a development permit or development 43
order within 120 days after the c ounty has deemed the 44
application complete ., or 180 days For applications that require 45
final action through a quasi -judicial hearing or a public 46
hearing, the county must approve, approve with conditions, or 47
deny the application for a development permit or d evelopment 48
order within 180 days after the county has deemed the 49
application complete . Both parties may agree in writing to a 50
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reasonable request for an extension of time, particularly in the 51
event of a force majeure or other extraordinary circumstance. An 52
approval, approval with conditions, or denial of the application 53
for a development permit or development order must include 54
written findings supporting the county's decision. The 55
timeframes contained in this subsection do not apply in an area 56
of critical state concern, as designated in s. 380.0552. The 57
timeframes contained in this subsection restart if an applicant 58
makes a substantive change to the application. As used in this 59
subsection, the term "substantive change" means an applicant -60
initiated change of 15 percent or more in the proposed density, 61
intensity, or square footage of a parcel. 62
(3)(2)(a) When reviewing an application for a development 63
permit or development order that is certified by a professional 64
listed in s. 403.0877, a county may not reques t additional 65
information from the applicant more than three times, unless the 66
applicant waives the limitation in writing. 67
(b) If a county makes a request for additional information 68
and the applicant submits the required additional information 69
within 30 days after receiving the request, the county must 70
review the application for completeness and issue a letter 71
indicating that all required information has been submitted or 72
specify with particularity any areas that are deficient within 73
30 days after receivin g the additional information. 74
(c) If a county makes a second request for additional 75
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information and the applicant submits the required additional 76
information within 30 days after receiving the request, the 77
county must review the application for completen ess and issue a 78
letter indicating that all required information has been 79
submitted or specify with particularity any areas that are 80
deficient within 10 days after receiving the additional 81
information. 82
(d) Before a third request for additional information , the 83
applicant must be offered a meeting to attempt to resolve 84
outstanding issues. If a county makes a third request for 85
additional information and the applicant submits the required 86
additional information within 30 days after receiving the 87
request, the county must deem the application complete within 10 88
days after receiving the additional information or proceed to 89
process the application for approval or denial unless the 90
applicant waived the county's limitation in writing as described 91
in paragraph (a). 92
(e) Except as provided in subsection (7) (5), if the 93
applicant believes the request for additional information is not 94
authorized by ordinance, rule, statute, or other legal 95
authority, the county, at the applicant's request, shall proceed 96
to process the application for approval or denial. 97
(4) A county must issue a refund to an applicant equal to: 98
(a) Ten percent of the application fee if the county fails 99
to issue written notification of completeness or written 100
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specification of areas of deficiency within 30 days after 101
receiving the application. 102
(b) Ten percent of the application fee if the county fails 103
to issue a written notification of completeness or written 104
specification of areas of deficiency within 30 days after 105
receiving the additional information pursuant to paragraph 106
(3)(b). 107
(c) Twenty percent of the application fee if the county 108
fails to issue a written notification of completeness or written 109
specification of areas of deficiency within 10 days after 110
receiving the additional information pursuant to paragraph 111
(3)(c). 112
(d) Fifty percent of the application fee if the county 113
fails to approve, approves with conditions, or denies the 114
application within 30 days after conclusion of the 120 -day or 115
180-day timeframe specified in subsection (2). 116
(e) One hundred percent of the application fee if the 117
county fails to approve, approves with conditions, or denies an 118
application 31 days or more after conclusion of the 120 -day or 119
180-day timeframe specified in subsection (2). 120
121
A county is not required to issue a refund if the applicant and 122
the county agree to an extension of time, the delay is caused by 123
the applicant, or the delay is attributable to a force majeure 124
or other extraordinary circumstance. 125
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(5)(3) When a county denies an application for a 126
development permit or development order, the county shall give 127
written notice to the applicant. The notice must include a 128
citation to the applicable portions of an ordinance, rule, 129
statute, or other legal authority for the denial of the permit 130
or order. 131
(6)(4) As used in this section, the terms "development 132
permit" and "development order" have the same meaning as in s. 133
163.3164, but do not include building permits. 134
(7)(5) For any development permit application filed with 135
the county after July 1, 2012, a county may not require as a 136
condition of processing or issuing a development permit or 137
development order that an applicant obtain a permit or approval 138
from any state or federal agency unless the agency has issued a 139
final agency action that denies the federal or stat e permit 140
before the county action on the local development permit. 141
(8)(6) Issuance of a development permit or development 142
order by a county does not in any way create any rights on the 143
part of the applicant to obtain a permit from a state or federal 144
agency and does not create any liability on the part of the 145
county for issuance of the permit if the applicant fails to 146
obtain requisite approvals or fulfill the obligations imposed by 147
a state or federal agency or undertakes actions that result in a 148
violation of state or federal law. A county shall attach such a 149
disclaimer to the issuance of a development permit and shall 150
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include a permit condition that all other applicable state or 151
federal permits be obtained before commencement of the 152
development. 153
(9)(7) This section does not prohibit a county from 154
providing information to an applicant regarding what other state 155
or federal permits may apply. 156
Section 2. Section 166.033, Florida Statutes, is amended 157
to read: 158
166.033 Development permits and orders. — 159
(1) A municipality must specify in writing the minimum 160
information that must be submitted for an application for a 161
zoning approval, rezoning approval, subdivision approval, 162
certification, special exception, or variance. A municipality 163
must make the minimum in formation available for inspection and 164
copying at the location where the municipality receives 165
applications for development permits and orders, provide the 166
information to the applicant at a preapplication meeting, or 167
post the information on the municipalit y's website. 168
(2) Within 5 business days after receiving an application 169
for approval of a development permit or development order, a 170
municipality shall confirm receipt of the application using 171
contact information provided by the applicant. Within 30 days 172
after receiving an application for approval of a development 173
permit or development order, a municipality must review the 174
application for completeness and issue a written notification to 175
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the applicant letter indicating that all required information is 176
submitted or specify specifying with particularity any areas 177
that are deficient. If the application is deficient, the 178
applicant has 30 days to address the deficiencies by submitting 179
the required additional information. For applications that do 180
not require final action through a quasi -judicial hearing or a 181
public hearing, the municipality must approve, approve with 182
conditions, or deny the application for a development permit or 183
development order within 120 days after the municipality has 184
deemed the application co mplete., or 180 days For applications 185
that require final action through a quasi -judicial hearing or a 186
public hearing, the municipality must approve, approve with 187
conditions, or deny the application for a development permit or 188
development order within 180 days after the municipality has 189
deemed the application complete . Both parties may agree in 190
writing to a reasonable request for an extension of time, 191
particularly in the event of a force majeure or other 192
extraordinary circumstance. An approval, approval wit h 193
conditions, or denial of the application for a development 194
permit or development order must include written findings 195
supporting the municipality's decision. The timeframes contained 196
in this subsection do not apply in an area of critical state 197
concern, as designated in s. 380.0552 or chapter 28 -36, Florida 198
Administrative Code. The timeframes contained in this subsection 199
restart if an applicant makes a substantive change to the 200
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application. As used in this subsection, the term "substantive 201
change" means an applicant-initiated change of 15 percent or 202
more in the proposed density, intensity, or square footage of a 203
parcel. 204
(3)(2)(a) When reviewing an application for a development 205
permit or development order that is certified by a professional 206
listed in s. 403.0877, a municipality may not request additional 207
information from the applicant more than three times, unless the 208
applicant waives the limitation in writing. 209
(b) If a municipality makes a request for additional 210
information and the applicant submits the r equired additional 211
information within 30 days after receiving the request, the 212
municipality must review the application for completeness and 213
issue a letter indicating that all required information has been 214
submitted or specify with particularity any areas that are 215
deficient within 30 days after receiving the additional 216
information. 217
(c) If a municipality makes a second request for 218
additional information and the applicant submits the required 219
additional information within 30 days after receiving the 220
request, the municipality must review the application for 221
completeness and issue a letter indicating that all required 222
information has been submitted or specify with particularity any 223
areas that are deficient within 10 days after receiving the 224
additional information. 225
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(d) Before a third request for additional information, the 226
applicant must be offered a meeting to attempt to resolve 227
outstanding issues. If a municipality makes a third request for 228
additional information and the applicant submits the required 229
additional information within 30 days after receiving the 230
request, the municipality must deem the application complete 231
within 10 days after receiving the additional information or 232
proceed to process the application for approval or denial unless 233
the applicant waived the municipality's limitation in writing as 234
described in paragraph (a). 235
(e) Except as provided in subsection (7) (5), if the 236
applicant believes the request for additional information is not 237
authorized by ordinance, rule, statute, or other legal 238
authority, the municipality, at the applicant's request, shall 239
proceed to process the application for approval or denial. 240
(4) A municipality must issue a refund to an applicant 241
equal to: 242
(a) Ten percent of the application fee if the municipality 243
fails to issue written notification of completeness or written 244
specification of areas of deficiency within 30 days after 245
receiving the application. 246
(b) Ten percent of the application fee if the municipality 247
fails to issue written notification of completeness or wri tten 248
specification of areas of deficiency within 30 days after 249
receiving the additional information pursuant to paragraph 250
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(3)(b). 251
(c) Twenty percent of the application fee if the 252
municipality fails to issue written notification of completeness 253
or written specification of areas of deficiency within 10 days 254
after receiving the additional information pursuant to paragraph 255
(3)(c). 256
(d) Fifty percent of the application fee if the 257
municipality fails to approve, approves with conditions, or 258
denies the applicati on within 30 days after conclusion of the 259
120-day or 180-day timeframe specified in subsection (2). 260
(e) One hundred percent of the application fee if the 261
municipality fails to approve, approves with conditions, or 262
denies an application 31 days or more af ter conclusion of the 263
120-day or 180-day timeframe specified in subsection (2). 264
265
A municipality is not required to issue a refund if the 266
applicant and the municipality agree to an extension of time, 267
the delay is caused by the applicant, or the delay is 268
attributable to a force majeure or other extraordinary 269
circumstance. 270
(5)(3) When a municipality denies an application for a 271
development permit or development order, the municipality shall 272
give written notice to the applicant. The notice must include a 273
citation to the applicable portions of an ordinance, rule, 274
statute, or other legal authority for the denial of the permit 275
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or order. 276
(6)(4) As used in this section, the terms "development 277
permit" and "development order" have the same meaning as in s. 278
163.3164, but do not include building permits. 279
(7)(5) For any development permit application filed with 280
the municipality after July 1, 2012, a municipality may not 281
require as a condition of processing or issuing a development 282
permit or development order that an applicant obtain a permit or 283
approval from any state or federal agency unless the agency has 284
issued a final agency action that denies the federal or state 285
permit before the municipal action on the local development 286
permit. 287
(8)(6) Issuance of a development permit or development 288
order by a municipalit y does not create any right on the part of 289
an applicant to obtain a permit from a state or federal agency 290
and does not create any liability on the part of the 291
municipality for issuance of the permit if the applicant fails 292
to obtain requisite approvals or f ulfill the obligations imposed 293
by a state or federal agency or undertakes actions that result 294
in a violation of state or federal law. A municipality shall 295
attach such a disclaimer to the issuance of development permits 296
and shall include a permit condition that all other applicable 297
state or federal permits be obtained before commencement of the 298
development. 299
(9)(7) This section does not prohibit a municipality from 300
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providing information to an applicant regarding what other state 301
or federal permits may apply . 302
Section 3. This act shall take effect October 1, 2024. 303