Florida Senate - 2024 SB 1150 By Senator Perry 9-01494-24 20241150__ 1 A bill to be entitled 2 An act relating to development permits and orders; 3 amending ss. 125.022 and 166.033, F.S.; requiring 4 counties and municipalities, respectively, to meet 5 specified requirements regarding the minimum 6 information necessary for certain zoning applications; 7 revising required duties that a county or 8 municipality, respectively, must perform upon receipt 9 of an application for approval of a development 10 permit; revising timeframes for processing certain 11 applications for approvals of development permits or 12 development orders; providing that timeframes for 13 processing certain applications restart if an 14 applicant makes substantive changes to an application; 15 providing refund parameters in situations where the 16 county or municipality, respectively, fails to meet 17 certain timeframes; providing exceptions; amending s. 18 163.3164, F.S.; defining the term substantive 19 change; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Section 125.022, Florida Statutes, is amended to 24 read: 25 125.022Development permits and orders. 26 (1)A county must specify in writing the minimum 27 information that must be submitted in an application for a 28 zoning approval, rezoning approval, subdivision approval, 29 certification, special exception, or variance. A county must 30 make the minimum information available for inspection and 31 copying at the location where the county receives applications 32 for development permits and orders, and provide the information 33 to the applicant at a preapplication meeting or post it on the 34 countys website. 35 (2)Within 5 business days after receiving an application 36 for approval of a development permit or development order, the 37 county shall confirm receipt of the application using contact 38 information provided by the applicant. Within 30 days after 39 receiving an application for approval of a development permit or 40 development order, a county must review the application for 41 completeness and issue a written notification to the applicant 42 letter indicating that all required information is submitted or 43 specify specifying with particularity any areas that are 44 deficient. If the application is deficient, the applicant has 30 45 days to address the deficiencies by submitting the required 46 additional information. For applications that do not require 47 final action through a quasi-judicial hearing or a public 48 hearing, the county must approve, approve with conditions, or 49 deny the application for a development permit or development 50 order within 120 days after the county has deemed the 51 application complete., or 180 days For applications that require 52 final action through a quasi-judicial hearing or a public 53 hearing, the county must approve, approve with conditions, or 54 deny the application for a development permit or development 55 order within 180 days after the county has deemed the 56 application complete. Both parties may agree in writing to a 57 reasonable request for an extension of time, particularly in the 58 event of a force majeure or other extraordinary circumstance. An 59 approval, approval with conditions, or denial of the application 60 for a development permit or development order must include 61 written findings supporting the countys decision. The 62 timeframes contained in this subsection do not apply in an area 63 of critical state concern, as designated in s. 380.0552. The 64 timeframes contained in this subsection shall restart if an 65 applicant makes a substantive change to the application, as 66 defined in s. 163.3164. 67 (3)(a)(2)(a)When reviewing an application for a 68 development permit or development order that is certified by a 69 professional listed in s. 403.0877, a county may not request 70 additional information from the applicant more than three times, 71 unless the applicant waives the limitation in writing. 72 (b)If a county makes a request for additional information 73 and the applicant submits the required additional information 74 within 30 days after receiving the request, the county must 75 review the application for completeness and issue a letter 76 indicating that all required information has been submitted or 77 specify with particularity any areas that are deficient within 78 30 days after receiving the additional information. 79 (c)If a county makes a second request for additional 80 information and the applicant submits the required additional 81 information within 30 days after receiving the request, the 82 county must review the application for completeness and issue a 83 letter indicating that all required information has been 84 submitted or specify with particularity any areas that are 85 deficient within 10 days after receiving the additional 86 information. 87 (d)Before a third request for additional information, the 88 applicant must be offered a meeting to attempt to resolve 89 outstanding issues. If a county makes a third request for 90 additional information and the applicant submits the required 91 additional information within 30 days after receiving the 92 request, the county must deem the application complete within 10 93 days after receiving the additional information or proceed to 94 process the application for approval or denial unless the 95 applicant waived the countys limitation in writing as described 96 in paragraph (a). 97 (e)Except as provided in subsection (7) (5), if the 98 applicant believes the request for additional information is not 99 authorized by ordinance, rule, statute, or other legal 100 authority, the county, at the applicants request, shall proceed 101 to process the application for approval or denial. 102 (4)A county must issue a refund to an applicant equal to: 103 (a)Ten percent of the application fee if the county fails 104 to issue written notification of completeness or written 105 specification of areas of deficiency within 30 days after 106 receiving the application. 107 (b)Ten percent of the application fee if the county fails 108 to issue written notification of completeness or written 109 specification of areas of deficiency within 30 days after 110 receiving the additional information pursuant to paragraph 111 (3)(b). 112 (c)Twenty percent of the application fee if the county 113 fails to issue written notification of completeness or written 114 specification of areas of deficiency within 10 days after 115 receiving the additional information pursuant to paragraph 116 (3)(c). 117 (d)Fifty percent of the application fee if the county 118 fails to approve, approves with conditions, or denies the 119 application within 30 days after conclusion of the 120-day or 120 180-day timeframe specified in subsection (2). 121 (e)One hundred percent of the application fee if the 122 county fails to approve, approves with conditions, or denies an 123 application 31 days or more after conclusion of the 120-day or 124 180-day timeframe specified in subsection (2). 125 126 A county is not required to issue a refund if the applicant and 127 the county agree to an extension of time, the delay is caused by 128 the applicant or a third party, or the delay is attributable to 129 a force majeure or other extraordinary circumstance. 130 (5)(3)When a county denies an application for a 131 development permit or development order, the county shall give 132 written notice to the applicant. The notice must include a 133 citation to the applicable portions of an ordinance, rule, 134 statute, or other legal authority for the denial of the permit 135 or order. 136 (6)(4)As used in this section, the terms development 137 permit and development order have the same meaning as in s. 138 163.3164, but do not include building permits. 139 (7)(5)For any development permit application filed with 140 the county after July 1, 2012, a county may not require as a 141 condition of processing or issuing a development permit or 142 development order that an applicant obtain a permit or approval 143 from any state or federal agency unless the agency has issued a 144 final agency action that denies the federal or state permit 145 before the county action on the local development permit. 146 (8)(6)Issuance of a development permit or development 147 order by a county does not in any way create any rights on the 148 part of the applicant to obtain a permit from a state or federal 149 agency and does not create any liability on the part of the 150 county for issuance of the permit if the applicant fails to 151 obtain requisite approvals or fulfill the obligations imposed by 152 a state or federal agency or undertakes actions that result in a 153 violation of state or federal law. A county shall attach such a 154 disclaimer to the issuance of a development permit and shall 155 include a permit condition that all other applicable state or 156 federal permits be obtained before commencement of the 157 development. 158 (9)(7)This section does not prohibit a county from 159 providing information to an applicant regarding what other state 160 or federal permits may apply. 161 Section 2.Section 166.033, Florida Statutes, is amended to 162 read: 163 166.033Development permits and orders. 164 (1)A municipality must specify in writing the minimum 165 information that must be submitted for an application for a 166 zoning approval, rezoning approval, subdivision approval, 167 certification, special exception, or variance. A municipality 168 must make the minimum information available for inspection and 169 copying at the location where the municipality receives 170 applications for development permits and orders, and provide the 171 information to the applicant at a preapplication meeting or post 172 it on the municipalitys website. 173 (2)Within 5 business days after receiving an application 174 for approval of a development permit or development order, a 175 municipality shall confirm receipt of the application using 176 contact information provided by the applicant. Within 30 days 177 after receiving an application for approval of a development 178 permit or development order, a municipality must review the 179 application for completeness and issue a written notification to 180 the applicant letter indicating that all required information is 181 submitted or specifying with particularity any areas that are 182 deficient. If the application is deficient, the applicant has 30 183 days to address the deficiencies by submitting the required 184 additional information. For applications that do not require 185 final action through a quasi-judicial hearing or a public 186 hearing, the municipality must approve, approve with conditions, 187 or deny the application for a development permit or development 188 order within 120 days after the municipality has deemed the 189 application complete., or 180 days For applications that require 190 final action through a quasi-judicial hearing or a public 191 hearing, the municipality must approve, approve with conditions, 192 or deny the application for a development permit or development 193 order within 180 days after the municipality has deemed the 194 application complete. Both parties may agree in writing to a 195 reasonable request for an extension of time, particularly in the 196 event of a force majeure or other extraordinary circumstance. An 197 approval, approval with conditions, or denial of the application 198 for a development permit or development order must include 199 written findings supporting the municipalitys decision. The 200 timeframes contained in this subsection do not apply in an area 201 of critical state concern, as designated in s. 380.0552 or 202 chapter 28-36, Florida Administrative Code. The timeframes 203 contained in this subsection shall restart if an applicant makes 204 a substantive change to the application as defined in s. 205 163.3164. 206 (3)(a)(2)(a)When reviewing an application for a 207 development permit or development order that is certified by a 208 professional listed in s. 403.0877, a municipality may not 209 request additional information from the applicant more than 210 three times, unless the applicant waives the limitation in 211 writing. 212 (b)If a municipality makes a request for additional 213 information and the applicant submits the required additional 214 information within 30 days after receiving the request, the 215 municipality must review the application for completeness and 216 issue a letter indicating that all required information has been 217 submitted or specify with particularity any areas that are 218 deficient within 30 days after receiving the additional 219 information. 220 (c)If a municipality makes a second request for additional 221 information and the applicant submits the required additional 222 information within 30 days after receiving the request, the 223 municipality must review the application for completeness and 224 issue a letter indicating that all required information has been 225 submitted or specify with particularity any areas that are 226 deficient within 10 days after receiving the additional 227 information. 228 (d)Before a third request for additional information, the 229 applicant must be offered a meeting to attempt to resolve 230 outstanding issues. If a municipality makes a third request for 231 additional information and the applicant submits the required 232 additional information within 30 days after receiving the 233 request, the municipality must deem the application complete 234 within 10 days after receiving the additional information or 235 proceed to process the application for approval or denial unless 236 the applicant waived the municipalitys limitation in writing as 237 described in paragraph (a). 238 (e)Except as provided in subsection (7) (5), if the 239 applicant believes the request for additional information is not 240 authorized by ordinance, rule, statute, or other legal 241 authority, the municipality, at the applicants request, shall 242 proceed to process the application for approval or denial. 243 (4)A municipality must issue a refund to an applicant 244 equal to: 245 (a)Ten percent of the application fee if the municipality 246 fails to issue written notification of completeness or written 247 specification of areas of deficiency within 30 days after 248 receiving the application. 249 (b)Ten percent of the application fee if the municipality 250 fails to issue written notification of completeness or written 251 specification of areas of deficiency within 30 days after 252 receiving the additional information pursuant to paragraph 253 (3)(b). 254 (c)Twenty percent of the application fee if the 255 municipality fails to issue written notification of completeness 256 or written specification of areas of deficiency within 10 days 257 after receiving the additional information pursuant to paragraph 258 (3)(c). 259 (d)Fifty percent of the application fee if the 260 municipality fails to approve, approves with conditions, or 261 denies the application within 30 days after conclusion of the 262 120-day or 180-day timeframe specified in subsection (2). 263 (e)One hundred percent of the application fee if the 264 municipality fails to approve, approves with conditions, or 265 denies an application 31 days or more after conclusion of the 266 120-day or 180-day timeframe specified in subsection (2). 267 268 A municipality is not required to issue a refund if the 269 applicant and the municipality agree to an extension of time, 270 the delay is caused by the applicant or a third party, or the 271 delay is attributable to a force majeure or other extraordinary 272 circumstance. 273 (5)(3)When a municipality denies an application for a 274 development permit or development order, the municipality shall 275 give written notice to the applicant. The notice must include a 276 citation to the applicable portions of an ordinance, rule, 277 statute, or other legal authority for the denial of the permit 278 or order. 279 (6)(4)As used in this section, the terms development 280 permit and development order have the same meaning as in s. 281 163.3164, but do not include building permits. 282 (7)(5)For any development permit application filed with 283 the municipality after July 1, 2012, a municipality may not 284 require as a condition of processing or issuing a development 285 permit or development order that an applicant obtain a permit or 286 approval from any state or federal agency unless the agency has 287 issued a final agency action that denies the federal or state 288 permit before the municipal action on the local development 289 permit. 290 (8)(6)Issuance of a development permit or development 291 order by a municipality does not create any right on the part of 292 an applicant to obtain a permit from a state or federal agency 293 and does not create any liability on the part of the 294 municipality for issuance of the permit if the applicant fails 295 to obtain requisite approvals or fulfill the obligations imposed 296 by a state or federal agency or undertakes actions that result 297 in a violation of state or federal law. A municipality shall 298 attach such a disclaimer to the issuance of development permits 299 and shall include a permit condition that all other applicable 300 state or federal permits be obtained before commencement of the 301 development. 302 (9)(7)This section does not prohibit a municipality from 303 providing information to an applicant regarding what other state 304 or federal permits may apply. 305 Section 3.Present subsections (46) through (52) of section 306 163.3164, Florida Statutes, are redesignated as subsections (47) 307 through (53), respectively, and a new subsection (46) is added 308 to that section, to read: 309 163.3164Community Planning Act; definitions.As used in 310 this act: 311 (46)Substantive change means an applicant-initiated 312 change of 15 percent or more in the proposed density, intensity, 313 or square footage of a parcel. 314 Section 4.This act shall take effect October 1, 2024.