The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: SB 1080
INTRODUCER: Senator McClain
SUBJECT: Local Government Land Regulation
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Favorable
2. Collazo Cibula JU Pre-meeting
3. RC
I. Summary:
SB 1080 amends certain statutes regulating the review and approval of development permit and
order applications by local governments.
Specifically, the bill requires local governments to:
• Specify the minimum information required for certain zoning applications.
• Process an application for a development permit or order within certain timeframes.
• Not limit the number of quasi-judicial hearings or public hearings held each month, if
limiting their number will cause a delay in the consideration of an application for a
development permit or order.
• Issue refunds to applicants if they fail to meet certain timeframes when processing an
application.
The bill also provides that comprehensive plan amendments are not required to be approved at
the second public hearing in the plan amendment adoption process to avoid being deemed
withdrawn.
The bill takes effect October 1, 2025.
II. Present Situation:
The Community Planning Act
Adopted in 1985, the Local Government Comprehensive Planning and Land Development
Regulation Act,
1
also known as Florida’s Growth Management Act, was significantly revised in
1
See ch. 85-55, s. 1, Laws of Fla. (codifying s. 163.3161(1), F.S. (1985), which provided the original short title).
REVISED: BILL: SB 1080 Page 2
2011, becoming the Community Planning Act.
2
The Community Planning Act governs how local
governments create and adopt their local comprehensive plans.
Local comprehensive plans must include principles, guidelines, standards, and strategies for the
orderly and balanced future land development of the area and reflect community commitments to
implement the plan. The Community Planning Act intends that local governments manage
growth through comprehensive land use plans that facilitate adequate and efficient provision of
transportation, water, sewage, schools, parks, recreational facilities, housing, and other
requirements and services.
3
A housing element is required as part of every comprehensive plan
in the state. Among other things, the housing element must address “the creation or preservation
of affordable housing to minimize the need for additional local services and avoid the
concentration of affordable housing units only in specific areas of the jurisdiction.”
4
Municipalities established after the effective date of the Community Planning Act must adopt a
comprehensive plan within 3 years after the date of incorporation.
5
The county comprehensive
plan controls until a municipal comprehensive plan is adopted.
6
The comprehensive plan is implemented via land development regulations. Each county and
municipality must adopt and enforce land development regulations, such as zoning or other
housing-related ordinances, which are consistent with and implement their adopted
comprehensive plan.
7
Comprehensive Plan Amendments
If a proposed development does not conform to the comprehensive plan, the local government
must first amend the comprehensive plan to facilitate the nonconforming development. State law
requires a proposed comprehensive plan amendment to receive two public hearings, the first held
by the local planning board, and subsequently by the governing board.
8
Any affected person may challenge whether a plan or plan amendment complies with the Act by
petitioning the Division of Administrative Hearings (DOAH) for a formal hearing.
9
An
administrative law judge must hold a hearing in the affected local jurisdiction on whether the
plan or plan amendment is in compliance.
10
In challenges filed by an affected person, the
comprehensive plan or plan amendment must be determined to be in compliance if the local
government’s determination of compliance is fairly debatable. If the administrative law judge
recommends that the amendment be found in compliance, the judge must submit the
recommended order to the state land planning agency for a final order in its favor.
11
2
See ch. 2011-139, s. 4, Laws of Fla. (revising the short title in s. 163.3161(1), F.S., to “Community Planning Act”).
3
Section 163.3161(4), F.S.
4
Section 163.3177(6)(f)1.g., F.S.
5
Section 163.3167(3), F.S.
6
Id.
7
Section 163.3202, F.S.
8
Sections 163.3174(4)(a) and 163.3184, F.S.
9
Section 163.3184(5)(a), F.S.
10
Section 163.3184(5)(c), F.S.
11
Section 163.3184(5)(e), F.S. BILL: SB 1080 Page 3
Issuing Development Orders and Permits
Under the Community Planning Act, a development permit is any official action of a local
government that has the effect of permitting the development of land including, but not limited
to, building permits, zoning permits, subdivision approval, rezoning, certifications, special
exceptions, and variances.
12
A development order is issued by a local government and grants,
denies, or grants with conditions an application for a development permit.
13
Within 30 days after receiving an application for approval of a development permit or
development order, a county or municipality must review the application for completeness and
issue a letter indicating that all required information is submitted or specify any areas that are
deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by
submitting the required additional information.
14
Within 120 days after the county or municipality has deemed the application complete, or 180
days for applications that require final action through a quasi-judicial hearing or a public hearing,
the county or municipality must approve, approve with conditions, or deny the application for a
development permit or development order.
15
Both the applicant and the local government may
agree to a reasonable request for an extension of time, particularly in the event of an
extraordinary circumstance.
16
An approval, approval with conditions, or denial of the application
for a development permit or development order must include written findings supporting the
county’s or the municipality’s decision.
17
However, these timeframes do not apply in areas of
critical state concern.
18
When reviewing a certified application for a development permit or development order, not
including building permit applications, a county or municipality may not request additional
information from the applicant more than 3 times, unless the applicant waives the limitation in
writing.
19
If a county or municipality makes a request for additional information from the applicant, and the
applicant provides the information within 30 days after receiving the request, the county or the
municipality must:
• Review the additional information and issue a letter to the applicant indicating that the
application is complete, or specify the remaining deficiencies within 30 days after receiving
the information, if the request is the county or municipality’s first request.
20
12
Section 163.3164(16), F.S.
13
See s. 163.3164(15), F.S. (defining development order); see also s. 125.022 and 166.033, F.S. (regulating county and
municipal development permits and orders, respectively).
14
Sections 125.022(1) and 166.033(1), F.S.
15
Id.
16
Id.
17
Id.
18
Id.
19
Sections 125.022(2) and 166.033(2), F.S.; see also s. 403.0877, F.S. (listing the professionals that may certify applications
for development permits and development orders for the purpose of satisfying this requirement).
20
Section 125.022(2)(b) and Section 166.033(2)(b), F.S. BILL: SB 1080 Page 4
• Review the additional information and issue a letter to the applicant indicating that the
application is complete, or specify the remaining deficiencies within 10 days after receiving
the additional information, if the request is the county or municipality’s second request.
21
• Deem the application complete within 10 days after receiving the additional information, or
proceed to process the application for approval or denial unless the applicant waived the
county or municipality’s time limitations in writing, if the request is the county or
municipality’s third request.
22
Before a third request for information, the applicant must be offered a meeting to attempt to
resolve outstanding issues.
23
If the applicant believes the request for additional information is not
authorized by ordinance, rule, statute, or other legal authority, the applicant may require the
county or municipality proceed to process the application for approval or denial.
24
If denied, the
county or municipality is required to give written notice to the applicant and must provide
reference to the applicable legal authority for the denial of the permit.
25
Once an application is deemed complete, a county or municipality must approve, approve with
conditions, or deny the application within 120 days after it is deemed complete, or 180 days after
it is deemed complete for applications that require final action through a quasi-judicial hearing or
a public hearing.
26
III. Effect of Proposed Changes:
Sections 1 and 3 amend ss. 125.022 and 166.033, F.S., to revise a variety of provisions related to
county and municipality operations in connection with development permits and orders. The
amendments are listed by specific subject below.
Minimum Information for Certain Zoning Applications
The bill requires local governments to specify in writing the minimum information that must be
submitted in an application for a zoning approval, rezoning approval, subdivision approval,
certification, special exception, or variance. Under the bill, the local government must:
• Make the minimum information available for inspection and copying at the location where
the local government receives applications for development permits and orders;
• Provide the minimum information to the applicant at a preapplication meeting; or
• Post the minimum information on the local government’s website.
Timeframes for Processing an Application
Within 5 business days after receiving an application for approval of a development permit or
development order, local governments must confirm receipt of the application using the contact
information provided by the applicant.
21
Section 125.022(2)(c) and Section 166.033(2)(c), F.S.
22
Section 125.022(2)(d) and Section 166.033(2)(d), F.S.
23
Id.
24
Section 125.022(2)(e) and Section 166.033(2)(e), F.S.
25
Id.
26
Section 125.022(1) and Section 166.033(1), F.S. BILL: SB 1080 Page 5
The bill clarifies that, within 30 days after receiving an application for approval of a
development permit or order, a local government must review the application for completeness
and either:
• Issue a written notification to the applicant indicating that all required information is
submitted; or
• Specify, with particularity and in writing, any areas that are deficient.
For an application for a development permit or order that does not require final action through a
quasi-judicial hearing or public hearing, the bill requires local governments to approve the
application, approve the application with conditions, or deny the application within 120 days
after the local government has deemed the application complete.
For an application for a development permit or order that does require final action through a
quasi-judicial hearing or public hearing, the bill requires local governments to approve the
application, approve the application with conditions, or deny the application within 180 days
after the local government has deemed the application complete.
The bill prohibits local governments from limiting the number of quasi-judicial hearings or
public hearings held each month if such limitation causes any delay in the consideration of an
application for approval of a development permit or order.
Additionally, the bill clarifies that local governments and applicants may agree in writing to an
extension of time for processing an application, particularly in the event of a force majeure or
other extraordinary circumstance.
The bill provides that the foregoing timeframes restart if an applicant makes a substantive change
to the application. The bill defines “substantive change” as an applicant-initiated change of 15
percent or more in the proposed density, intensity, or square footage of a parcel.
Requirement to Issue a Refund
The bill requires local governments to issue a refund to an applicant equal to:
• Ten percent of the application fee if the local government fails to issue written notification of
completeness or written specification of areas of deficiency within 30 days after receiving the
application.
• Ten percent of the application fee if the local government fails to issue a written notification
of completeness or written specification of areas of deficiency within 30 days after receiving
the additional information pursuant to an initial request by the local government to furnish
such additional information.
• Twenty percent of the application fee if the local government fails to issue a written
notification of completeness or written specification of areas of deficiency within 10 days
after receiving the additional information pursuant to a second request by the local
government to furnish such additional information.
• Fifty percent of the application fee if the local government fails to approve, approve with
conditions, or deny the application within 30 days after conclusion of the 120-day or 180-day
timeframe specified above. BILL: SB 1080 Page 6
• One hundred percent of the application fee if the local government fails to approve, approve
with conditions, or deny an application 31 days or more after conclusion of the 120-day or
180-day timeframe specified above.
A local government is not required to issue a refund in any of the foregoing scenarios if:
• The applicant and the local government agree to an extension of time;
• The delay is caused by the applicant; or
• The delay is attributable to a force majeure or other extraordinary circumstances.
Section 2 amends s. 163.3184, F.S., to provide that comprehensive plan amendments are not
required to be approved at the second public hearing in the plan amendment adoption process to
avoid being deemed withdrawn.
Section 4 provides that the bill takes effect October 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate positive fiscal impact to the extent applicants receive
refunds from counties and municipalities that fail to meet statutory deadlines relating to
development permits and orders. BILL: SB 1080 Page 7
C. Government Sector Impact:
The bill may have an indeterminate negative fiscal impact on local governments to the
extent those governments must issue refunds for failing to meet statutory deadlines
relating to development permits and orders.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 125.022, 163.3184,
and 166.033.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.