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Florida Senate - 2025 CS for SB 1080 By the Committee on Rules; and Senator McClain 595-03655A-25 20251080c1 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 4 specify minimum information necessary for certain 5 applications; revising timeframes for processing 6 applications for approval of development permits or 7 development orders; prohibiting counties from limiting 8 the number of quasi-judicial or public hearings held 9 each month in certain circumstances; defining the term 10 substantive change; providing refund parameters in 11 situations where the county fails to meet certain 12 timeframes; providing exceptions; amending s. 13 163.3162, F.S.; authorizing owners of certain parcels 14 to apply to the governing body of the local government 15 for certification of such parcels as agricultural 16 enclaves; requiring the local government to provide to 17 the applicant a certain report within a specified 18 timeframe; requiring the local government to hold a 19 public hearing within a specified timeframe to approve 20 or deny such certification; requiring the governing 21 body to issue certain decisions in writing; 22 authorizing an applicant to seek judicial review under 23 certain circumstances; authorizing the owner of a 24 parcel certified as an agricultural enclave to submit 25 certain development plans; requiring that certain 26 developments be treated as a conforming use; 27 prohibiting a local government from enacting or 28 enforcing certain laws or regulations; requiring a 29 local government to treat certain agricultural 30 enclaves as if they are within urban service 31 districts; requiring the local government and the 32 owner of a parcel certified as an agricultural enclave 33 to enter a certain written agreement; deleting 34 provisions relating to certain amendments to a local 35 governments comprehensive plan; revising 36 construction; amending s. 163.3164, F.S.; revising the 37 definition of the term agricultural enclave; 38 providing for the future expiration and reversion of 39 specified provisions; amending s. 163.3180, F.S.; 40 prohibiting a school district from collecting, 41 charging, or imposing certain fees unless they meet 42 certain requirements; providing a standard of review 43 for actions challenging such fees; amending s. 44 163.31801, F.S.; revising the voting threshold 45 required for approval of certain impact fee increase 46 ordinances by local governments, school districts, and 47 special districts; requiring that certain impact fee 48 increases be implemented in specified increments; 49 prohibiting a local government from increasing an 50 impact fee rate beyond certain phase-in limitations 51 under certain circumstances; deleting retroactive 52 applicability; amending s. 163.3184, F.S.; revising 53 the expedited state review process for adoption of 54 comprehensive plan amendments; amending s. 166.033, 55 F.S.; requiring municipalities to specify minimum 56 information necessary for certain applications; 57 revising timeframes for processing applications for 58 approval of development permits or development orders; 59 prohibiting municipalities from limiting the number of 60 quasi-judicial or public hearings held each month in 61 certain circumstances; defining the term substantive 62 change; providing refund parameters in situations 63 where the municipality fails to meet certain 64 timeframes; providing exceptions; providing an 65 effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1.Section 125.022, Florida Statutes, is amended to 70 read: 71 125.022Development permits and orders. 72 (1)A county shall specify in writing the minimum 73 information that must be submitted in an application for a 74 zoning approval, rezoning approval, subdivision approval, 75 certification, special exception, or variance. A county shall 76 make the minimum information available for inspection and 77 copying at the location where the county receives applications 78 for development permits and orders, provide the information to 79 the applicant at a preapplication meeting, or post the 80 information on the countys website. 81 (2)Within 5 business days after receiving an application 82 for approval of a development permit or development order, a 83 county shall confirm receipt of the application using contact 84 information provided by the applicant. Within 30 days after 85 receiving an application for approval of a development permit or 86 development order, a county must review the application for 87 completeness and issue a written notification to the applicant 88 letter indicating that all required information is submitted or 89 specify in writing specifying with particularity any areas that 90 are deficient. If the application is deficient, the applicant 91 has 30 days to address the deficiencies by submitting the 92 required additional information. For applications that do not 93 require final action through a quasi-judicial hearing or a 94 public hearing, the county must approve, approve with 95 conditions, or deny the application for a development permit or 96 development order within 120 days after the county has deemed 97 the application complete., or 180 days For applications that 98 require final action through a quasi-judicial hearing or a 99 public hearing, the county must approve, approve with 100 conditions, or deny the application for a development permit or 101 development order within 180 days after the county has deemed 102 the application complete. A county may not limit the number of 103 quasi-judicial hearings or public hearings held each month if 104 such limitation causes any delay in the consideration of an 105 application for approval of a development permit or development 106 order. Both parties may agree in writing to a reasonable request 107 for an extension of time, particularly in the event of a force 108 majeure or other extraordinary circumstance. An approval, 109 approval with conditions, or denial of the application for a 110 development permit or development order must include written 111 findings supporting the countys decision. The timeframes 112 contained in this subsection do not apply in an area of critical 113 state concern, as designated in s. 380.0552. The timeframes 114 contained in this subsection restart if an applicant makes a 115 substantive change to the application. As used in this 116 subsection, the term substantive change means an applicant 117 initiated change of 15 percent or more in the proposed density, 118 intensity, or square footage of a parcel. 119 (3)(a)(2)(a)When reviewing an application for a 120 development permit or development order that is certified by a 121 professional listed in s. 403.0877, a county may not request 122 additional information from the applicant more than three times, 123 unless the applicant waives the limitation in writing. 124 (b)If a county makes a request for additional information 125 and the applicant submits the required additional information 126 within 30 days after receiving the request, the county must 127 review the application for completeness and issue a letter 128 indicating that all required information has been submitted or 129 specify with particularity any areas that are deficient within 130 30 days after receiving the additional information. 131 (c)If a county makes a second request for additional 132 information and the applicant submits the required additional 133 information within 30 days after receiving the request, the 134 county must review the application for completeness and issue a 135 letter indicating that all required information has been 136 submitted or specify with particularity any areas that are 137 deficient within 10 days after receiving the additional 138 information. 139 (d)Before a third request for additional information, the 140 applicant must be offered a meeting to attempt to resolve 141 outstanding issues. If a county makes a third request for 142 additional information and the applicant submits the required 143 additional information within 30 days after receiving the 144 request, the county must deem the application complete within 10 145 days after receiving the additional information or proceed to 146 process the application for approval or denial unless the 147 applicant waived the countys limitation in writing as described 148 in paragraph (a). 149 (e)Except as provided in subsection (7) (5), if the 150 applicant believes the request for additional information is not 151 authorized by ordinance, rule, statute, or other legal 152 authority, the county, at the applicants request, shall proceed 153 to process the application for approval or denial. 154 (4)A county must issue a refund to an applicant equal to: 155 (a)Ten percent of the application fee if the county fails 156 to issue written notification of completeness or written 157 specification of areas of deficiency within 30 days after 158 receiving the application. 159 (b)Ten percent of the application fee if the county fails 160 to issue a written notification of completeness or written 161 specification of areas of deficiency within 30 days after 162 receiving the additional information pursuant to paragraph 163 (3)(b). 164 (c)Twenty percent of the application fee if the county 165 fails to issue a written notification of completeness or written 166 specification of areas of deficiency within 10 days after 167 receiving the additional information pursuant to paragraph 168 (3)(c). 169 (d)Fifty percent of the application fee if the county 170 fails to approve, approves with conditions, or denies the 171 application within 30 days after conclusion of the 120-day or 172 180-day timeframe specified in subsection (2). 173 (e)One hundred percent of the application fee if the 174 county fails to approve, approves with conditions, or denies an 175 application 31 days or more after conclusion of the 120-day or 176 180-day timeframe specified in subsection (2). 177 178 A county is not required to issue a refund if the applicant and 179 the county agree to an extension of time, the delay is caused by 180 the applicant, or the delay is attributable to a force majeure 181 or other extraordinary circumstance. 182 (5)(3)When a county denies an application for a 183 development permit or development order, the county shall give 184 written notice to the applicant. The notice must include a 185 citation to the applicable portions of an ordinance, rule, 186 statute, or other legal authority for the denial of the permit 187 or order. 188 (6)(4)As used in this section, the terms development 189 permit and development order have the same meaning as in s. 190 163.3164, but do not include building permits. 191 (7)(5)For any development permit application filed with 192 the county after July 1, 2012, a county may not require as a 193 condition of processing or issuing a development permit or 194 development order that an applicant obtain a permit or approval 195 from any state or federal agency unless the agency has issued a 196 final agency action that denies the federal or state permit 197 before the county action on the local development permit. 198 (8)(6)Issuance of a development permit or development 199 order by a county does not in any way create any rights on the 200 part of the applicant to obtain a permit from a state or federal 201 agency and does not create any liability on the part of the 202 county for issuance of the permit if the applicant fails to 203 obtain requisite approvals or fulfill the obligations imposed by 204 a state or federal agency or undertakes actions that result in a 205 violation of state or federal law. A county shall attach such a 206 disclaimer to the issuance of a development permit and shall 207 include a permit condition that all other applicable state or 208 federal permits be obtained before commencement of the 209 development. 210 (9)(7)This section does not prohibit a county from 211 providing information to an applicant regarding what other state 212 or federal permits may apply. 213 Section 2.Subsection (4) of section 163.3162, Florida 214 Statutes, is amended to read: 215 163.3162Agricultural lands and practices. 216 (4)PUBLIC HEARING PROCESS. 217 (a)Notwithstanding any other law or local ordinance, 218 resolution, or regulation, the owner of a parcel of land may 219 apply to the governing body of the local government for 220 certification of the parcel as an agricultural enclave as 221 defined in s. 163.3164 if one or more adjacent parcels or an 222 adjacent development permits the same density as, or higher 223 density than, the proposed development. 224 (b)Within 30 days after the local governments receipt of 225 such an application, the local government must provide to the 226 applicant a written report detailing the applications 227 compliance with the requirements of this subsection. 228 (c)Within 30 days after the local government provides the 229 report required under paragraph (b), the local government must 230 hold a public hearing to approve or deny certification of the 231 parcel as an agricultural enclave. If the local government does 232 not approve or deny certification of the parcel as an 233 agricultural enclave within 90 days after receipt of the 234 application, the parcel must be certified as an agricultural 235 enclave. 236 (d)If the application is denied, the governing body of the 237 local government must issue its decision in writing with 238 detailed findings of fact and conclusions of law. The applicant 239 may seek review of the denial by filing a petition for writ of 240 certiorari in the circuit court within 30 days after the date 241 the local government renders its decision. 242 (e)If the application is approved, the owner of the parcel 243 certified as an agricultural enclave may submit development 244 plans for single-family residential housing which are consistent 245 with the land use requirements, or future land use designations, 246 including uses, density, and intensity, of one or more adjacent 247 parcels or an adjacent development. A development submitted 248 under this paragraph must be treated as a conforming use, 249 notwithstanding the local governments comprehensive plan, 250 future land use designation, or zoning. 251 (f)A local government may not enact or enforce a law or 252 regulation for an agricultural enclave which is more burdensome 253 than for other types of applications for comparable uses or 254 densities. A local government must treat an agricultural enclave 255 that is adjacent to an urban service district as if it is within 256 the urban service district. 257 (g)Within 30 business days after the local governments 258 receipt of development plans under paragraph (e), the local 259 government and the owner of the parcel certified as an 260 agricultural enclave must agree in writing to a process and 261 schedule for information submittal, analysis, and final 262 approval, which may be administrative in nature, of the 263 development plans. The local government may not require the 264 owner to agree to a process that is longer than 180 days in 265 duration or that includes further review of the plans in a 266 quasi-judicial process or public hearing AMENDMENT TO LOCAL 267 GOVERNMENT COMPREHENSIVE PLAN.The owner of a parcel of land 268 defined as an agricultural enclave under s. 163.3164 may apply 269 for an amendment to the local government comprehensive plan 270 pursuant to s. 163.3184. Such amendment is presumed not to be 271 urban sprawl as defined in s. 163.3164 if it includes land uses 272 and intensities of use that are consistent with the uses and 273 intensities of use of the industrial, commercial, or residential 274 areas that surround the parcel. This presumption may be rebutted 275 by clear and convincing evidence. Each application for a 276 comprehensive plan amendment under this subsection for a parcel 277 larger than 640 acres must include appropriate new urbanism 278 concepts such as clustering, mixed-use development, the creation 279 of rural village and city centers, and the transfer of 280 development rights in order to discourage urban sprawl while 281 protecting landowner rights. 282 (a)The local government and the owner of a parcel of land 283 that is the subject of an application for an amendment shall 284 have 180 days following the date that the local government 285 receives a complete application to negotiate in good faith to 286 reach consensus on the land uses and intensities of use that are 287 consistent with the uses and intensities of use of the 288 industrial, commercial, or residential areas that surround the 289 parcel. Within 30 days after the local governments receipt of 290 such an application, the local government and owner must agree 291 in writing to a schedule for information submittal, public 292 hearings, negotiations, and final action on the amendment, which 293 schedule may thereafter be altered only with the written consent 294 of the local government and the owner. Compliance with the 295 schedule in the written agreement constitutes good faith 296 negotiations for purposes of paragraph (c). 297 (b)Upon conclusion of good faith negotiations under 298 paragraph (a), regardless of whether the local government and 299 owner reach consensus on the land uses and intensities of use 300 that are consistent with the uses and intensities of use of the 301 industrial, commercial, or residential areas that surround the 302 parcel, the amendment must be transmitted to the state land 303 planning agency for review pursuant to s. 163.3184. If the local 304 government fails to transmit the amendment within 180 days after 305 receipt of a complete application, the amendment must be 306 immediately transferred to the state land planning agency for 307 such review. A plan amendment transmitted to the state land 308 planning agency submitted under this subsection is presumed not 309 to be urban sprawl as defined in s. 163.3164. This presumption 310 may be rebutted by clear and convincing evidence. 311 (c)If the owner fails to negotiate in good faith, a plan 312 amendment submitted under this subsection is not entitled to the 313 rebuttable presumption under this subsection in the negotiation 314 and amendment process. 315 (h)(d)Nothing within this subsection relating to 316 agricultural enclaves shall preempt or replace any protection 317 currently existing for any property located within the 318 boundaries of any of the following areas: 319 1.The Wekiva Study Area, as described in s. 369.316.; or 320 2.The Everglades Protection Area, as defined in s. 321 373.4592(2). 322 3.A military installation or range identified in s. 323 163.3175(2). 324 Section 3.Subsection (4) of section 163.3164, Florida 325 Statutes, is amended to read: 326 163.3164Community Planning Act; definitions.As used in 327 this act: 328 (4)Agricultural enclave means an unincorporated, 329 undeveloped parcel or parcels that as of January 1, 2025: 330 (a)Are Is owned or controlled by a single person or 331 entity; 332 (b)Have Has been in continuous use for bona fide 333 agricultural purposes, as defined by s. 193.461, for a period of 334 5 years before prior to the date of any comprehensive plan 335 amendment or development application; 336 (c)1.Are Is surrounded on at least 75 percent of their its 337 perimeter by: 338 a.1.A parcel or parcels Property that have has existing 339 industrial, commercial, or residential development; or 340 b.2.A parcel or parcels Property that the local government 341 has designated, in the local governments comprehensive plan, 342 zoning map, and future land use map, as land that is to be 343 developed for industrial, commercial, or residential purposes, 344 and at least 75 percent of such parcel or parcels property is 345 existing industrial, commercial, or residential development; 346 2.Do not exceed 700 acres and are surrounded on at least 347 50 percent of their perimeter by a parcel or parcels that the 348 local government has designated on the local governments future 349 land use map as land that is to be developed for industrial, 350 commercial, or residential purposes; and the parcel or parcels 351 are surrounded on at least 50 percent of their perimeter by a 352 parcel or parcels within an urban service district, area, or 353 line; or 354 3.Are located within the boundary of an established rural 355 study area adopted in the local governments comprehensive plan 356 which was intended to be developed with residential uses and is 357 surrounded on at least 50 percent of its perimeter by a parcel 358 or parcels that the local government has designated on the local 359 governments future land use plan as land that can be developed 360 for industrial, commercial, or residential purposes. 361 (d)Have Has public services, including water, wastewater, 362 transportation, schools, and recreation facilities, available or 363 such public services are scheduled in the capital improvement 364 element to be provided by the local government or can be 365 provided by an alternative provider of local government 366 infrastructure in order to ensure consistency with applicable 367 concurrency provisions of s. 163.3180, or the applicant offers 368 to enter into a binding agreement to pay for, construct, or 369 contribute land for its proportionate share of such 370 improvements; and 371 (e)Do Does not exceed 1,280 acres; however, if the parcel 372 or parcels are property is surrounded by existing or authorized 373 residential development that will result in a density at 374 buildout of at least 1,000 residents per square mile, then the 375 area must shall be determined to be urban and the parcel or 376 parcels may not exceed 4,480 acres; and 377 (f)Are located within a county with a population of 1.75 378 million or less. For purposes of this subsection, population 379 shall be determined in accordance with the most recent official 380 estimate pursuant to s. 186.901. 381 382 Where a right-of-way, body of water, or canal exists along the 383 perimeter of a parcel, the perimeter calculations of the 384 agricultural enclave must be based on the adjacent parcel or 385 parcels across the right-of-way, body of water, or canal. 386 Section 4.The amendments made by this act to ss. 387 163.3162(4) and 163.3164(4), Florida Statutes, shall expire 388 January 1, 2027, and the text of those subsections shall revert 389 to that in existence on September 30, 2025, except that any 390 amendments to such text enacted other than by this act shall be 391 preserved and continue to operate to the extent that such 392 amendments are not dependent upon the portions of text which 393 expire pursuant to this section. 394 Section 5.Present paragraph (j) of subsection (6) of 395 section 163.3180, Florida Statutes, is redesignated as paragraph 396 (k), and a new paragraph (j) is added to that subsection, to 397 read: 398 163.3180Concurrency. 399 (6) 400 (j)A school district may not collect, charge, or impose 401 any alternative fee in lieu of an impact fee to mitigate the 402 impact of development on educational facilities unless such fee 403 meets the requirements of s. 163.31801(4)(f) and (g). In any 404 action challenging a fee under this paragraph, the school 405 district has the burden of proving by a preponderance of the 406 evidence that the imposition and amount of the fee meet the 407 requirements of state legal precedent. 408 Section 6.Paragraphs (g) and (h) of subsection (6) of 409 section 163.31801, Florida Statutes, are amended to read: 410 163.31801Impact fees; short title; intent; minimum 411 requirements; audits; challenges. 412 (6)A local government, school district, or special 413 district may increase an impact fee only as provided in this 414 subsection. 415 (g)1.A local government, school district, or special 416 district may increase an impact fee rate beyond the phase-in 417 limitations established under paragraph (b), paragraph (c), 418 paragraph (d), or paragraph (e) by establishing the need for 419 such increase in full compliance with the requirements of 420 subsection (4), provided the following criteria are met: 421 a.1.A demonstrated-need study justifying any increase in 422 excess of those authorized in paragraph (b), paragraph (c), 423 paragraph (d), or paragraph (e) has been completed within the 12 424 months before the adoption of the impact fee increase and 425 expressly demonstrates the extraordinary circumstances 426 necessitating the need to exceed the phase-in limitations. 427 b.2.The local government jurisdiction has held at least 428 not less than two publicly noticed workshops dedicated to the 429 extraordinary circumstances necessitating the need to exceed the 430 phase-in limitations set forth in paragraph (b), paragraph (c), 431 paragraph (d), or paragraph (e). 432 c.3.The impact fee increase ordinance is approved by at 433 least a unanimous two-thirds vote of the governing body. 434 2.An impact fee increase approved under this paragraph 435 must be implemented in at least two but not more than four equal 436 annual increments beginning with the date on which the impact 437 fee increase ordinance is adopted. 438 3.A local government may not increase an impact fee rate 439 beyond the phase-in limitations under this paragraph if the 440 local government has not increased the impact fee within the 441 past 7 years. Any year in which the local government is 442 prohibited from increasing an impact fee because the 443 jurisdiction is in a hurricane disaster area is not included in 444 the 7-year period. 445 (h)This subsection operates retroactively to January 1, 446 2021. 447 Section 7.Paragraphs (b) and (c) of subsection (3) of 448 section 163.3184, Florida Statutes, are amended to read: 449 163.3184Process for adoption of comprehensive plan or plan 450 amendment. 451 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 452 COMPREHENSIVE PLAN AMENDMENTS. 453 (b)1.If a plan amendment or amendments are adopted, the 454 local government, after the initial public hearing held pursuant 455 to subsection (11), shall transmit, within 10 working days after 456 the date of adoption, the amendment or amendments and 457 appropriate supporting data and analyses to the reviewing 458 agencies. The local governing body shall also transmit a copy of 459 the amendments and supporting data and analyses to any other 460 local government or governmental agency that has filed a written 461 request with the governing body. 462 2.The reviewing agencies and any other local government or 463 governmental agency specified in subparagraph 1. may provide 464 comments regarding the amendment or amendments to the local 465 government. State agencies shall only comment on important state 466 resources and facilities that will be adversely impacted by the 467 amendment if adopted. Comments provided by state agencies shall 468 state with specificity how the plan amendment will adversely 469 impact an important state resource or facility and shall 470 identify measures the local government may take to eliminate, 471 reduce, or mitigate the adverse impacts. Such comments, if not 472 resolved, may result in a challenge by the state land planning 473 agency to the plan amendment. Agencies and local governments 474 must transmit their comments to the affected local government 475 such that they are received by the local government not later 476 than 30 days after the date on which the agency or government 477 received the amendment or amendments. Reviewing agencies shall 478 also send a copy of their comments to the state land planning 479 agency. 480 3.Comments to the local government from a regional 481 planning council, county, or municipality shall be limited as 482 follows: 483 a.The regional planning council review and comments shall 484 be limited to adverse effects on regional resources or 485 facilities identified in the strategic regional policy plan and 486 extrajurisdictional impacts that would be inconsistent with the 487 comprehensive plan of any affected local government within the 488 region. A regional planning council may not review and comment 489 on a proposed comprehensive plan amendment prepared by such 490 council unless the plan amendment has been changed by the local 491 government subsequent to the preparation of the plan amendment 492 by the regional planning council. 493 b.County comments shall be in the context of the 494 relationship and effect of the proposed plan amendments on the 495 county plan. 496 c.Municipal comments shall be in the context of the 497 relationship and effect of the proposed plan amendments on the 498 municipal plan. 499 d.Military installation comments shall be provided in 500 accordance with s. 163.3175. 501 4.Comments to the local government from state agencies 502 shall be limited to the following subjects as they relate to 503 important state resources and facilities that will be adversely 504 impacted by the amendment if adopted: 505 a.The Department of Environmental Protection shall limit 506 its comments to the subjects of air and water pollution; 507 wetlands and other surface waters of the state; federal and 508 state-owned lands and interest in lands, including state parks, 509 greenways and trails, and conservation easements; solid waste; 510 water and wastewater treatment; and the Everglades ecosystem 511 restoration. 512 b.The Department of State shall limit its comments to the 513 subjects of historic and archaeological resources. 514 c.The Department of Transportation shall limit its 515 comments to issues within the agencys jurisdiction as it 516 relates to transportation resources and facilities of state 517 importance. 518 d.The Fish and Wildlife Conservation Commission shall 519 limit its comments to subjects relating to fish and wildlife 520 habitat and listed species and their habitat. 521 e.The Department of Agriculture and Consumer Services 522 shall limit its comments to the subjects of agriculture, 523 forestry, and aquaculture issues. 524 f.The Department of Education shall limit its comments to 525 the subject of public school facilities. 526 g.The appropriate water management district shall limit 527 its comments to flood protection and floodplain management, 528 wetlands and other surface waters, and regional water supply. 529 h.The state land planning agency shall limit its comments 530 to important state resources and facilities outside the 531 jurisdiction of other commenting state agencies and may include 532 comments on countervailing planning policies and objectives 533 served by the plan amendment that should be balanced against 534 potential adverse impacts to important state resources and 535 facilities. 536 (c)1.The local government shall hold a second public 537 hearing, which shall be a hearing on whether to adopt one or 538 more comprehensive plan amendments pursuant to subsection (11). 539 If the local government fails, within 180 days after receipt of 540 agency comments, to hold the second public hearing, and to adopt 541 the comprehensive plan amendments, the amendments are deemed 542 withdrawn unless extended by agreement with notice to the state 543 land planning agency and any affected person that provided 544 comments on the amendment. The local government is in compliance 545 if the second public hearing is held within the 180-day period 546 following receipt of agency comments, even if the amendments are 547 approved at a subsequent hearing. The 180-day limitation does 548 not apply to amendments processed pursuant to s. 380.06. 549 2.All comprehensive plan amendments adopted by the 550 governing body, along with the supporting data and analysis, 551 shall be transmitted within 10 working days after the final 552 adoption hearing to the state land planning agency and any other 553 agency or local government that provided timely comments under 554 subparagraph (b)2. If the local government fails to transmit the 555 comprehensive plan amendments within 10 working days after the 556 final adoption hearing, the amendments are deemed withdrawn. 557 3.The state land planning agency shall notify the local 558 government of any deficiencies within 5 working days after 559 receipt of an amendment package. For purposes of completeness, 560 an amendment shall be deemed complete if it contains a full, 561 executed copy of: 562 a.The adoption ordinance or ordinances; 563 b.In the case of a text amendment, the amended language in 564 legislative format with new words inserted in the text 565 underlined, and words deleted stricken with hyphens; 566 c.In the case of a future land use map amendment, the 567 future land use map clearly depicting the parcel, its existing 568 future land use designation, and its adopted designation; and 569 d.Any data and analyses the local government deems 570 appropriate. 571 4.An amendment adopted under this paragraph does not 572 become effective until 31 days after the state land planning 573 agency notifies the local government that the plan amendment 574 package is complete. If timely challenged, an amendment does not 575 become effective until the state land planning agency or the 576 Administration Commission enters a final order determining the 577 adopted amendment to be in compliance. 578 Section 8.Section 166.033, Florida Statutes, is amended to 579 read: 580 166.033Development permits and orders. 581 (1)A municipality shall specify in writing the minimum 582 information that must be submitted for an application for a 583 zoning approval, rezoning approval, subdivision approval, 584 certification, special exception, or variance. A municipality 585 shall make the minimum information available for inspection and 586 copying at the location where the municipality receives 587 applications for development permits and orders, provide the 588 information to the applicant at a preapplication meeting, or 589 post the information on the municipalitys website. 590 (2)Within 5 business days after receiving an application 591 for approval of a development permit or development order, a 592 municipality shall confirm receipt of the application using 593 contact information provided by the applicant. Within 30 days 594 after receiving an application for approval of a development 595 permit or development order, a municipality must review the 596 application for completeness and issue a written notification to 597 the applicant letter indicating that all required information is 598 submitted or specify in writing specifying with particularity 599 any areas that are deficient. If the application is deficient, 600 the applicant has 30 days to address the deficiencies by 601 submitting the required additional information. For applications 602 that do not require final action through a quasi-judicial 603 hearing or a public hearing, the municipality must approve, 604 approve with conditions, or deny the application for a 605 development permit or development order within 120 days after 606 the municipality has deemed the application complete., or 180 607 days For applications that require final action through a quasi 608 judicial hearing or a public hearing, the municipality must 609 approve, approve with conditions, or deny the application for a 610 development permit or development order within 180 days after 611 the municipality has deemed the application complete. A 612 municipality may not limit the number of quasi-judicial hearings 613 or public hearings held each month if such limitation causes any 614 delay in the consideration of an application for approval of a 615 development permit or development order. Both parties may agree 616 in writing to a reasonable request for an extension of time, 617 particularly in the event of a force majeure or other 618 extraordinary circumstance. An approval, approval with 619 conditions, or denial of the application for a development 620 permit or development order must include written findings 621 supporting the municipalitys decision. The timeframes contained 622 in this subsection do not apply in an area of critical state 623 concern, as designated in s. 380.0552 or chapter 28-36, Florida 624 Administrative Code. The timeframes contained in this subsection 625 restart if an applicant makes a substantive change to the 626 application. As used in this subsection, the term substantive 627 change means an applicant-initiated change of 15 percent or 628 more in the proposed density, intensity, or square footage of a 629 parcel. 630 (3)(a)(2)(a)When reviewing an application for a 631 development permit or development order that is certified by a 632 professional listed in s. 403.0877, a municipality may not 633 request additional information from the applicant more than 634 three times, unless the applicant waives the limitation in 635 writing. 636 (b)If a municipality makes a request for additional 637 information and the applicant submits the required additional 638 information within 30 days after receiving the request, the 639 municipality must review the application for completeness and 640 issue a letter indicating that all required information has been 641 submitted or specify with particularity any areas that are 642 deficient within 30 days after receiving the additional 643 information. 644 (c)If a municipality makes a second request for additional 645 information and the applicant submits the required additional 646 information within 30 days after receiving the request, the 647 municipality must review the application for completeness and 648 issue a letter indicating that all required information has been 649 submitted or specify with particularity any areas that are 650 deficient within 10 days after receiving the additional 651 information. 652 (d)Before a third request for additional information, the 653 applicant must be offered a meeting to attempt to resolve 654 outstanding issues. If a municipality makes a third request for 655 additional information and the applicant submits the required 656 additional information within 30 days after receiving the 657 request, the municipality must deem the application complete 658 within 10 days after receiving the additional information or 659 proceed to process the application for approval or denial unless 660 the applicant waived the municipalitys limitation in writing as 661 described in paragraph (a). 662 (e)Except as provided in subsection (7) (5), if the 663 applicant believes the request for additional information is not 664 authorized by ordinance, rule, statute, or other legal 665 authority, the municipality, at the applicants request, shall 666 proceed to process the application for approval or denial. 667 (4)A municipality must issue a refund to an applicant 668 equal to: 669 (a)Ten percent of the application fee if the municipality 670 fails to issue written notification of completeness or written 671 specification of areas of deficiency within 30 days after 672 receiving the application. 673 (b)Ten percent of the application fee if the municipality 674 fails to issue written notification of completeness or written 675 specification of areas of deficiency within 30 days after 676 receiving the additional information pursuant to paragraph 677 (3)(b). 678 (c)Twenty percent of the application fee if the 679 municipality fails to issue written notification of completeness 680 or written specification of areas of deficiency within 10 days 681 after receiving the additional information pursuant to paragraph 682 (3)(c). 683 (d)Fifty percent of the application fee if the 684 municipality fails to approve, approves with conditions, or 685 denies the application within 30 days after conclusion of the 686 120-day or 180-day timeframe specified in subsection (2). 687 (e)One hundred percent of the application fee if the 688 municipality fails to approve, approves with conditions, or 689 denies an application 31 days or more after conclusion of the 690 120-day or 180-day timeframe specified in subsection (2). 691 692 A municipality is not required to issue a refund if the 693 applicant and the municipality agree to an extension of time, 694 the delay is caused by the applicant, or the delay is 695 attributable to a force majeure or other extraordinary 696 circumstance. 697 (5)(3)When a municipality denies an application for a 698 development permit or development order, the municipality shall 699 give written notice to the applicant. The notice must include a 700 citation to the applicable portions of an ordinance, rule, 701 statute, or other legal authority for the denial of the permit 702 or order. 703 (6)(4)As used in this section, the terms development 704 permit and development order have the same meaning as in s. 705 163.3164, but do not include building permits. 706 (7)(5)For any development permit application filed with 707 the municipality after July 1, 2012, a municipality may not 708 require as a condition of processing or issuing a development 709 permit or development order that an applicant obtain a permit or 710 approval from any state or federal agency unless the agency has 711 issued a final agency action that denies the federal or state 712 permit before the municipal action on the local development 713 permit. 714 (8)(6)Issuance of a development permit or development 715 order by a municipality does not create any right on the part of 716 an applicant to obtain a permit from a state or federal agency 717 and does not create any liability on the part of the 718 municipality for issuance of the permit if the applicant fails 719 to obtain requisite approvals or fulfill the obligations imposed 720 by a state or federal agency or undertakes actions that result 721 in a violation of state or federal law. A municipality shall 722 attach such a disclaimer to the issuance of development permits 723 and shall include a permit condition that all other applicable 724 state or federal permits be obtained before commencement of the 725 development. 726 (9)(7)This section does not prohibit a municipality from 727 providing information to an applicant regarding what other state 728 or federal permits may apply. 729 Section 9.This act shall take effect October 1, 2025.
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