Florida Senate - 2025 SB 1080 By Senator McClain 9-00728B-25 20251080__ 1 A bill to be entitled 2 An act relating to local government land regulation; 3 amending s. 125.022, F.S.; requiring counties to meet 4 specified requirements regarding the minimum 5 information necessary for certain applications; 6 revising timeframes for processing applications for 7 approval of development permits or development orders; 8 prohibiting counties from limiting the number of 9 quasi-judicial or public hearings held each month in 10 certain circumstances; defining the term substantive 11 change; providing refund parameters in situations 12 where the county fails to meet certain timeframes; 13 providing exceptions; amending s. 163.3184, F.S.; 14 revising the expedited state review process for 15 adoption of comprehensive plan amendments; amending s. 16 166.033, F.S.; requiring municipalities to meet 17 specified requirements regarding the minimum 18 information necessary for certain applications; 19 revising timeframes for processing applications for 20 approval of development permits or development orders; 21 prohibiting municipalities from limiting the number of 22 quasi-judicial or public hearings held each month in 23 certain circumstances; defining the term substantive 24 change; providing refund parameters in situations 25 where the municipality fails to meet certain 26 timeframes; providing exceptions; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Section 125.022, Florida Statutes, is amended to 32 read: 33 125.022Development permits and orders. 34 (1)A county shall specify in writing the minimum 35 information that must be submitted in an application for a 36 zoning approval, rezoning approval, subdivision approval, 37 certification, special exception, or variance. A county shall 38 make the minimum information available for inspection and 39 copying at the location where the county receives applications 40 for development permits and orders, provide the information to 41 the applicant at a preapplication meeting, or post the 42 information on the countys website. 43 (2)Within 5 business days after receiving an application 44 for approval of a development permit or development order, a 45 county shall confirm receipt of the application using contact 46 information provided by the applicant. Within 30 days after 47 receiving an application for approval of a development permit or 48 development order, a county must review the application for 49 completeness and issue a written notification to the applicant 50 letter indicating that all required information is submitted or 51 specify in writing specifying with particularity any areas that 52 are deficient. If the application is deficient, the applicant 53 has 30 days to address the deficiencies by submitting the 54 required additional information. For applications that do not 55 require final action through a quasi-judicial hearing or a 56 public hearing, the county must approve, approve with 57 conditions, or deny the application for a development permit or 58 development order within 120 days after the county has deemed 59 the application complete., or 180 days For applications that 60 require final action through a quasi-judicial hearing or a 61 public hearing, the county must approve, approve with 62 conditions, or deny the application for a development permit or 63 development order within 180 days after the county has deemed 64 the application complete. A county may not limit the number of 65 quasi-judicial hearings or public hearings held each month if 66 such limitation causes any delay in the consideration of an 67 application for approval of a development permit or development 68 order. Both parties may agree in writing to a reasonable request 69 for an extension of time, particularly in the event of a force 70 majeure or other extraordinary circumstance. An approval, 71 approval with conditions, or denial of the application for a 72 development permit or development order must include written 73 findings supporting the countys decision. The timeframes 74 contained in this subsection do not apply in an area of critical 75 state concern, as designated in s. 380.0552. The timeframes 76 contained in this subsection restart if an applicant makes a 77 substantive change to the application. As used in this 78 subsection, the term substantive change means an applicant 79 initiated change of 15 percent or more in the proposed density, 80 intensity, or square footage of a parcel. 81 (3)(a)(2)(a)When reviewing an application for a 82 development permit or development order that is certified by a 83 professional listed in s. 403.0877, a county may not request 84 additional information from the applicant more than three times, 85 unless the applicant waives the limitation in writing. 86 (b)If a county makes a request for additional information 87 and the applicant submits the required additional information 88 within 30 days after receiving the request, the county must 89 review the application for completeness and issue a letter 90 indicating that all required information has been submitted or 91 specify with particularity any areas that are deficient within 92 30 days after receiving the additional information. 93 (c)If a county makes a second request for additional 94 information and the applicant submits the required additional 95 information within 30 days after receiving the request, the 96 county must review the application for completeness and issue a 97 letter indicating that all required information has been 98 submitted or specify with particularity any areas that are 99 deficient within 10 days after receiving the additional 100 information. 101 (d)Before a third request for additional information, the 102 applicant must be offered a meeting to attempt to resolve 103 outstanding issues. If a county makes a third request for 104 additional information and the applicant submits the required 105 additional information within 30 days after receiving the 106 request, the county must deem the application complete within 10 107 days after receiving the additional information or proceed to 108 process the application for approval or denial unless the 109 applicant waived the countys limitation in writing as described 110 in paragraph (a). 111 (e)Except as provided in subsection (7) (5), if the 112 applicant believes the request for additional information is not 113 authorized by ordinance, rule, statute, or other legal 114 authority, the county, at the applicants request, shall proceed 115 to process the application for approval or denial. 116 (4)A county must issue a refund to an applicant equal to: 117 (a)Ten percent of the application fee if the county fails 118 to issue written notification of completeness or written 119 specification of areas of deficiency within 30 days after 120 receiving the application. 121 (b)Ten percent of the application fee if the county fails 122 to issue a written notification of completeness or written 123 specification of areas of deficiency within 30 days after 124 receiving the additional information pursuant to paragraph 125 (3)(b). 126 (c)Twenty percent of the application fee if the county 127 fails to issue a written notification of completeness or written 128 specification of areas of deficiency within 10 days after 129 receiving the additional information pursuant to paragraph 130 (3)(c). 131 (d)Fifty percent of the application fee if the county 132 fails to approve, approves with conditions, or denies the 133 application within 30 days after conclusion of the 120-day or 134 180-day timeframe specified in subsection (2). 135 (e)One hundred percent of the application fee if the 136 county fails to approve, approves with conditions, or denies an 137 application 31 days or more after conclusion of the 120-day or 138 180-day timeframe specified in subsection (2). 139 140 A county is not required to issue a refund if the applicant and 141 the county agree to an extension of time, the delay is caused by 142 the applicant, or the delay is attributable to a force majeure 143 or other extraordinary circumstance. 144 (5)(3)When a county denies an application for a 145 development permit or development order, the county shall give 146 written notice to the applicant. The notice must include a 147 citation to the applicable portions of an ordinance, rule, 148 statute, or other legal authority for the denial of the permit 149 or order. 150 (6)(4)As used in this section, the terms development 151 permit and development order have the same meaning as in s. 152 163.3164, but do not include building permits. 153 (7)(5)For any development permit application filed with 154 the county after July 1, 2012, a county may not require as a 155 condition of processing or issuing a development permit or 156 development order that an applicant obtain a permit or approval 157 from any state or federal agency unless the agency has issued a 158 final agency action that denies the federal or state permit 159 before the county action on the local development permit. 160 (8)(6)Issuance of a development permit or development 161 order by a county does not in any way create any rights on the 162 part of the applicant to obtain a permit from a state or federal 163 agency and does not create any liability on the part of the 164 county for issuance of the permit if the applicant fails to 165 obtain requisite approvals or fulfill the obligations imposed by 166 a state or federal agency or undertakes actions that result in a 167 violation of state or federal law. A county shall attach such a 168 disclaimer to the issuance of a development permit and shall 169 include a permit condition that all other applicable state or 170 federal permits be obtained before commencement of the 171 development. 172 (9)(7)This section does not prohibit a county from 173 providing information to an applicant regarding what other state 174 or federal permits may apply. 175 Section 2.Paragraphs (b) and (c) of subsection (3) of 176 section 163.3184, Florida Statutes, are amended to read: 177 163.3184Process for adoption of comprehensive plan or plan 178 amendment. 179 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 180 COMPREHENSIVE PLAN AMENDMENTS. 181 (b)1.If a plan amendment or amendments are adopted, the 182 local government, after the initial public hearing held pursuant 183 to subsection (11), shall transmit, within 10 working days after 184 the date of adoption, the amendment or amendments and 185 appropriate supporting data and analyses to the reviewing 186 agencies. The local governing body shall also transmit a copy of 187 the amendments and supporting data and analyses to any other 188 local government or governmental agency that has filed a written 189 request with the governing body. 190 2.The reviewing agencies and any other local government or 191 governmental agency specified in subparagraph 1. may provide 192 comments regarding the amendment or amendments to the local 193 government. State agencies shall only comment on important state 194 resources and facilities that will be adversely impacted by the 195 amendment if adopted. Comments provided by state agencies shall 196 state with specificity how the plan amendment will adversely 197 impact an important state resource or facility and shall 198 identify measures the local government may take to eliminate, 199 reduce, or mitigate the adverse impacts. Such comments, if not 200 resolved, may result in a challenge by the state land planning 201 agency to the plan amendment. Agencies and local governments 202 must transmit their comments to the affected local government 203 such that they are received by the local government not later 204 than 30 days after the date on which the agency or government 205 received the amendment or amendments. Reviewing agencies shall 206 also send a copy of their comments to the state land planning 207 agency. 208 3.Comments to the local government from a regional 209 planning council, county, or municipality shall be limited as 210 follows: 211 a.The regional planning council review and comments shall 212 be limited to adverse effects on regional resources or 213 facilities identified in the strategic regional policy plan and 214 extrajurisdictional impacts that would be inconsistent with the 215 comprehensive plan of any affected local government within the 216 region. A regional planning council may not review and comment 217 on a proposed comprehensive plan amendment prepared by such 218 council unless the plan amendment has been changed by the local 219 government subsequent to the preparation of the plan amendment 220 by the regional planning council. 221 b.County comments shall be in the context of the 222 relationship and effect of the proposed plan amendments on the 223 county plan. 224 c.Municipal comments shall be in the context of the 225 relationship and effect of the proposed plan amendments on the 226 municipal plan. 227 d.Military installation comments shall be provided in 228 accordance with s. 163.3175. 229 4.Comments to the local government from state agencies 230 shall be limited to the following subjects as they relate to 231 important state resources and facilities that will be adversely 232 impacted by the amendment if adopted: 233 a.The Department of Environmental Protection shall limit 234 its comments to the subjects of air and water pollution; 235 wetlands and other surface waters of the state; federal and 236 state-owned lands and interest in lands, including state parks, 237 greenways and trails, and conservation easements; solid waste; 238 water and wastewater treatment; and the Everglades ecosystem 239 restoration. 240 b.The Department of State shall limit its comments to the 241 subjects of historic and archaeological resources. 242 c.The Department of Transportation shall limit its 243 comments to issues within the agencys jurisdiction as it 244 relates to transportation resources and facilities of state 245 importance. 246 d.The Fish and Wildlife Conservation Commission shall 247 limit its comments to subjects relating to fish and wildlife 248 habitat and listed species and their habitat. 249 e.The Department of Agriculture and Consumer Services 250 shall limit its comments to the subjects of agriculture, 251 forestry, and aquaculture issues. 252 f.The Department of Education shall limit its comments to 253 the subject of public school facilities. 254 g.The appropriate water management district shall limit 255 its comments to flood protection and floodplain management, 256 wetlands and other surface waters, and regional water supply. 257 h.The state land planning agency shall limit its comments 258 to important state resources and facilities outside the 259 jurisdiction of other commenting state agencies and may include 260 comments on countervailing planning policies and objectives 261 served by the plan amendment that should be balanced against 262 potential adverse impacts to important state resources and 263 facilities. 264 (c)1.The local government shall hold a second public 265 hearing, which shall be a hearing on whether to adopt one or 266 more comprehensive plan amendments pursuant to subsection (11). 267 If the local government fails, within 180 days after receipt of 268 agency comments, to hold the second public hearing, and to adopt 269 the comprehensive plan amendments, the amendments are deemed 270 withdrawn unless extended by agreement with notice to the state 271 land planning agency and any affected person that provided 272 comments on the amendment. The local government is in compliance 273 if the second public hearing is held within the 180-day period 274 following receipt of agency comments, even if the amendments are 275 approved at a subsequent hearing. The 180-day limitation does 276 not apply to amendments processed pursuant to s. 380.06. 277 2.All comprehensive plan amendments adopted by the 278 governing body, along with the supporting data and analysis, 279 shall be transmitted within 10 working days after the final 280 adoption hearing to the state land planning agency and any other 281 agency or local government that provided timely comments under 282 subparagraph (b)2. If the local government fails to transmit the 283 comprehensive plan amendments within 10 working days after the 284 final adoption hearing, the amendments are deemed withdrawn. 285 3.The state land planning agency shall notify the local 286 government of any deficiencies within 5 working days after 287 receipt of an amendment package. For purposes of completeness, 288 an amendment shall be deemed complete if it contains a full, 289 executed copy of: 290 a.The adoption ordinance or ordinances; 291 b.In the case of a text amendment, the amended language in 292 legislative format with new words inserted in the text 293 underlined, and words deleted stricken with hyphens; 294 c.In the case of a future land use map amendment, the 295 future land use map clearly depicting the parcel, its existing 296 future land use designation, and its adopted designation; and 297 d.Any data and analyses the local government deems 298 appropriate. 299 4.An amendment adopted under this paragraph does not 300 become effective until 31 days after the state land planning 301 agency notifies the local government that the plan amendment 302 package is complete. If timely challenged, an amendment does not 303 become effective until the state land planning agency or the 304 Administration Commission enters a final order determining the 305 adopted amendment to be in compliance. 306 Section 3.Section 166.033, Florida Statutes, is amended to 307 read: 308 166.033Development permits and orders. 309 (1)A municipality shall specify in writing the minimum 310 information that must be submitted for an application for a 311 zoning approval, rezoning approval, subdivision approval, 312 certification, special exception, or variance. A municipality 313 shall make the minimum information available for inspection and 314 copying at the location where the municipality receives 315 applications for development permits and orders, provide the 316 information to the applicant at a preapplication meeting, or 317 post the information on the municipalitys website. 318 (2)Within 5 business days after receiving an application 319 for approval of a development permit or development order, a 320 municipality shall confirm receipt of the application using 321 contact information provided by the applicant. Within 30 days 322 after receiving an application for approval of a development 323 permit or development order, a municipality must review the 324 application for completeness and issue a written notification to 325 the applicant letter indicating that all required information is 326 submitted or specify in writing specifying with particularity 327 any areas that are deficient. If the application is deficient, 328 the applicant has 30 days to address the deficiencies by 329 submitting the required additional information. For applications 330 that do not require final action through a quasi-judicial 331 hearing or a public hearing, the municipality must approve, 332 approve with conditions, or deny the application for a 333 development permit or development order within 120 days after 334 the municipality has deemed the application complete., or 180 335 days For applications that require final action through a quasi 336 judicial hearing or a public hearing, the municipality must 337 approve, approve with conditions, or deny the application for a 338 development permit or development order within 180 days after 339 the municipality has deemed the application complete. A 340 municipality may not limit the number of quasi-judicial hearings 341 or public hearings held each month if such limitation causes any 342 delay in the consideration of an application for approval of a 343 development permit or development order. Both parties may agree 344 in writing to a reasonable request for an extension of time, 345 particularly in the event of a force majeure or other 346 extraordinary circumstance. An approval, approval with 347 conditions, or denial of the application for a development 348 permit or development order must include written findings 349 supporting the municipalitys decision. The timeframes contained 350 in this subsection do not apply in an area of critical state 351 concern, as designated in s. 380.0552 or chapter 28-36, Florida 352 Administrative Code. The timeframes contained in this subsection 353 restart if an applicant makes a substantive change to the 354 application. As used in this subsection, the term substantive 355 change means an applicant-initiated change of 15 percent or 356 more in the proposed density, intensity, or square footage of a 357 parcel. 358 (3)(a)(2)(a)When reviewing an application for a 359 development permit or development order that is certified by a 360 professional listed in s. 403.0877, a municipality may not 361 request additional information from the applicant more than 362 three times, unless the applicant waives the limitation in 363 writing. 364 (b)If a municipality makes a request for additional 365 information and the applicant submits the required additional 366 information within 30 days after receiving the request, the 367 municipality must review the application for completeness and 368 issue a letter indicating that all required information has been 369 submitted or specify with particularity any areas that are 370 deficient within 30 days after receiving the additional 371 information. 372 (c)If a municipality makes a second request for additional 373 information and the applicant submits the required additional 374 information within 30 days after receiving the request, the 375 municipality must review the application for completeness and 376 issue a letter indicating that all required information has been 377 submitted or specify with particularity any areas that are 378 deficient within 10 days after receiving the additional 379 information. 380 (d)Before a third request for additional information, the 381 applicant must be offered a meeting to attempt to resolve 382 outstanding issues. If a municipality makes a third request for 383 additional information and the applicant submits the required 384 additional information within 30 days after receiving the 385 request, the municipality must deem the application complete 386 within 10 days after receiving the additional information or 387 proceed to process the application for approval or denial unless 388 the applicant waived the municipalitys limitation in writing as 389 described in paragraph (a). 390 (e)Except as provided in subsection (7) (5), if the 391 applicant believes the request for additional information is not 392 authorized by ordinance, rule, statute, or other legal 393 authority, the municipality, at the applicants request, shall 394 proceed to process the application for approval or denial. 395 (4)A municipality must issue a refund to an applicant 396 equal to: 397 (a)Ten percent of the application fee if the municipality 398 fails to issue written notification of completeness or written 399 specification of areas of deficiency within 30 days after 400 receiving the application. 401 (b)Ten percent of the application fee if the municipality 402 fails to issue written notification of completeness or written 403 specification of areas of deficiency within 30 days after 404 receiving the additional information pursuant to paragraph 405 (3)(b). 406 (c)Twenty percent of the application fee if the 407 municipality fails to issue written notification of completeness 408 or written specification of areas of deficiency within 10 days 409 after receiving the additional information pursuant to paragraph 410 (3)(c). 411 (d)Fifty percent of the application fee if the 412 municipality fails to approve, approves with conditions, or 413 denies the application within 30 days after conclusion of the 414 120-day or 180-day timeframe specified in subsection (2). 415 (e)One hundred percent of the application fee if the 416 municipality fails to approve, approves with conditions, or 417 denies an application 31 days or more after conclusion of the 418 120-day or 180-day timeframe specified in subsection (2). 419 420 A municipality is not required to issue a refund if the 421 applicant and the municipality agree to an extension of time, 422 the delay is caused by the applicant, or the delay is 423 attributable to a force majeure or other extraordinary 424 circumstance. 425 (5)(3)When a municipality denies an application for a 426 development permit or development order, the municipality shall 427 give written notice to the applicant. The notice must include a 428 citation to the applicable portions of an ordinance, rule, 429 statute, or other legal authority for the denial of the permit 430 or order. 431 (6)(4)As used in this section, the terms development 432 permit and development order have the same meaning as in s. 433 163.3164, but do not include building permits. 434 (7)(5)For any development permit application filed with 435 the municipality after July 1, 2012, a municipality may not 436 require as a condition of processing or issuing a development 437 permit or development order that an applicant obtain a permit or 438 approval from any state or federal agency unless the agency has 439 issued a final agency action that denies the federal or state 440 permit before the municipal action on the local development 441 permit. 442 (8)(6)Issuance of a development permit or development 443 order by a municipality does not create any right on the part of 444 an applicant to obtain a permit from a state or federal agency 445 and does not create any liability on the part of the 446 municipality for issuance of the permit if the applicant fails 447 to obtain requisite approvals or fulfill the obligations imposed 448 by a state or federal agency or undertakes actions that result 449 in a violation of state or federal law. A municipality shall 450 attach such a disclaimer to the issuance of development permits 451 and shall include a permit condition that all other applicable 452 state or federal permits be obtained before commencement of the 453 development. 454 (9)(7)This section does not prohibit a municipality from 455 providing information to an applicant regarding what other state 456 or federal permits may apply. 457 Section 4.This act shall take effect October 1, 2025.