HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 665 Expedited Approval of Residential Building Permits
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, McClain
TIED BILLS: IDEN./SIM. BILLS: SB 812
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 11 Y, 2 N, As CS Wright Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special 10 Y, 5 N Mwakyanjala Darden
Districts Subcommittee
3) Commerce Committee 12 Y, 5 N, As CS Wright Hamon
SUMMARY ANALYSIS
The Florida Building Code (Building Code) must be applied and enforced uniformly and consistently across the
state. Local governments are required to enforce the Building Code and are responsible for issuing building
permits.
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, and is generally
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and tracts.
Generally, a preliminary plat approval is approval of the development plan, and a final plat approval is approval
of a finalized development plan; engineering plans, if required; and documents confirming the parties with a
property interest; which is then recorded with the clerk of the circuit court.
Some local governments allow a developer to commence construction and issue building permits after a
preliminary plat has been issued, but before the plat is finalized.
The bill:
Requires certain local governments to create a process to expedite the issuance of building permits
based on a preliminary plat and to issue the number or percentage of building permits requested by an
applicant, if:
o The governing body has approved a preliminary plat for each residential building or structure.
o The applicant provides proof to the governing body that the applicant has provided a copy of the
approved preliminary plat, along with the approved plans, to the relevant electric, gas, water,
and wastewater utilities.
o The applicant holds a valid performance bond for up to 130 percent of the necessary
improvements that have not been completed upon submission of the application.
Provides that vested rights may be formed in a preliminary plat, under certain circumstances.
Requires certain local governments to establish a registry of at least three qualified contractors who the
governing body may use to supplement staff resources, as determined by the governing body, for
processing and expediting the review of an application for a preliminary plat or any related plans.
Allows such applicant to contract to sell, but not transfer ownership of, a residential structure or building
located in the preliminary plat before the final plat is approved.
Requires all local governments to create a master building permit process for residential subdivisions
and planned communities.
The bill may have an indeterminate fiscal impact on state and local government.
The bill provides an effective date of upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Plats
In Florida law, “plat” means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirement of all applicable state requirements and of any local ordinances.1 Generally, platting is
required whenever a developer wishes to subdivide a large piece of property into smaller parcels and
tracts. These smaller areas become the residential lots, streets, and parks of a new residential sub-
division.2
State law establishes consistent minimum requirements for the establishment of plats, and local
governing bodies have the power to regulate and control the platting of lands. 3 Prior to approval by the
appropriate governing body, the plat must be reviewed for conformity with state and local law and
sealed by a professional surveyor and mapper who is either employed by or under contract to the local
governing body.4
Before a plat is offered for recording with the clerk of the circuit court, it must be approved by the
appropriate governing body, and evidence of such approval must be placed on the plat. If not approved,
the governing body must return the plat to the professional surveyor and mapper or the legal entity
offering the plat for recordation.5
Jurisdiction over plat approval is as follows:6
When the plat to be submitted for approval is located wholly within the boundaries of a
municipality, the governing body of the municipality has exclusive jurisdiction to approve the
plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of the
county has exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be
prepared and each governing body has exclusive jurisdiction to approve the plat within its
boundaries, unless the governing bodies having said jurisdiction agree that one plat is mutually
acceptable.
Every plat of a subdivision offered for recording must have certain information, including providing:7
The name of the plat in bold legible letters, and the name of the subdivision, professional
surveyor and mapper or legal entity, and street and mailing address on each sheet.
The section, township, and range immediately under the name of the plat on each sheet
included, along with the name of the city, town, village, county, and state in which the land being
platted is situated.
The dedications and approvals by the surveyor and mapper and local governing body, and the
circuit court clerk’s certificate and the professional surveyor and mapper’s seal and statement.
All section lines and quarter section lines occurring within the subdivision. If the description is by
metes and bounds, all information called for, such as the point of commencement, course
1 S. 177.031(14), F.S.
2 Harry W. Carls, Florida Condo & HOA Law Blog, May 17, 2018, Why is a Plat so Important?,
https://www.floridacondohoalawblog.com/2018/05/17/ why -is-a-plat-so-important/ (last visited Jan, 11, 2024).
3 S. 177.011, F.S.
4 S. 177.081(1), F.S.
5 S. 177.071(1), F.S.
6 Id.
7 S. 177.091, F.S.
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bearings and distances, and the point of beginning. If the platted lands are in a land grant or are
not included in the subdivision of government surveys, then the boundaries are to be defined by
metes and bounds and courses.
Location, width, and names of all streets, waterways, or other rights-of-way.
Location and width of proposed easements and existing easements identified in the title opinion
or property information report must be shown on the plat or in the notes or legend, and their
intended use.
All lots numbered either by progressive numbers or, if in blocks, progressively numbered in
each block, and the blocks progressively numbered or lettered, except that blocks in numbered
additions bearing the same name may be numbered consecutively throughout the several
additions.
Sufficient survey data to positively describe the bounds of every lot, block, street easement, and
all other areas shown on the plat.
Designated park and recreation parcels.
All interior excepted parcels clearly indicated and labeled “Not a part of this plat.”
The purpose of all areas dedicated clearly indicated or stated on the plat.
That all platted utility easements must provide that such easements are also easements for the
construction, installation, maintenance, and operation of cable television services; provided,
however, no such construction, installation, maintenance, and operation of cable television
services interferes with the facilities and services of an electric, telephone, gas, or other public
utility.
Preliminary Plat Approval
Many local governments around the state have a process to approve a preliminary plat before
approving a final plat. Generally, a preliminary plat is a technical, graphic representation of a proposed
development, including plans for streets, utilities, drainage, easements, and lot lines, for a proposed
subdivision. If a preliminary plat is required, it is generally a prerequisite for a final plat approval and the
submission of any property improvement plans or permit applications.8
Generally, a preliminary plat approval is approval of the development plan, and a final plat approval is
approval of a finalized development plan; engineering plans, if required; and documents confirming the
parties with a property interest; which is then recorded with the clerk of the circuit court. 9
Based on a preliminary plat approval, some local governments allow a developer to commence
construction before the plat is finalized. For example, the City of Jacksonville, Village of Royal Palm
Beach, and the City of Tallahassee allow for a preliminary plat approval process. 10
In Jacksonville, the Planning and Development Department (Department) of the City of Jacksonville,
upon request of an applicant, may allow up to 50 percent of the lots within a proposed subdivision to be
developed, but not occupied, based on a preliminary plat approval so long as the developer or owner
meets the following conditions for construction:11
Prior to Civil Plans submittal to the Department, the developer must submit the development
proposal to Jacksonville Electric Authority (JEA) for review.
Once JEA has granted preliminary approval, the Department will review the preliminary site
plan, the preliminary and final engineering plans for the required improvements, and the sheet
identifying the lots being requested for home construction prior to platting as approved by JEA.
8 For examples, see City of Zephyrhills Code of Ordinances s. 11.03.02.01; Palm Beach County Code of Ordinances Art.
11., Ch. A.; Seminole County, SEMINOLE COUNTY PLANNING & DEVELOPMENT DIVISION, Subdivision Application,
https://www.seminolecountyfl.gov/core/fileparse.php/3307/urlt/SUBDIV ISION -05-2023.ADA.pdf (last visited Jan, 11,
2024).
9 Advance Surveying & Engineering, An In-Depth Look At Preliminary and Final Plats,
https://www.advsur.com/2019/07/an-in-depth-look-at -preliminary-and-final-plats/ (last visited Jan, 11, 2024).
10 City of Jacksonville Code of Ordinances s. 654-109, Village of Royal Palm Beach Code of Ordinances s. 22-22, City of
Tallahassee Code of Ordinances s. 9-92.
11 City of Jacksonville Code of Ordinances s. 654-139(d).
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The Department reserves the right to deny authorization for development on a specific lot or lots
to protect City interests.
The developer or owner must provide a guarantee for required improvements and warranty of
title.
A Certificate of Occupancy may not be issued until the final plat is approved by JEA and the
Department and recorded in the current public records of Duval County, Florida.
Approval of the preliminary plat and required supplemental material are valid for 12 months from
the date of approval. If the final plat is not submitted to and approved during the 12-month
period, the conditional approvals are null and void.12
There is currently no mandatory process in Florida law that requires local governing bodies to use
outside professionals to help process applications for a preliminary plat.
Vested Rights in Property Based on a Plat
In general, vested rights 13 form when a property owner or developer acquires real property rights that
cannot be taken by governmental regulation.14 Property owners or developers who do not have vested
rights will be subject to subsequently enacted land regulations, while subsequently enacted land
regulations do not apply to the property owners or developers who are determined to have vested
rights.15
Florida common law provides that vested rights in a property may be established if a property owner or
developer has:16
In good faith reliance,
Upon some act or omission of government,
Made such a substantial change in position or has incurred such extensive obligations and
expenses,
That it would make it highly inequitable to interfere with the acquired right.
Recordation of a final plat with the clerk of the circuit court alone is not sufficient to establish vested
rights 17 in the land development regulations in existence at that time.18 Instead, the property owner or
developer must take meaningful steps towards development of the property, such as applying for
development permits or expending certain monies,19 to constitute a substantial change in position or be
considered extensive obligations and expenses towards development of the property in reliance on
some action by the local government.20
Additionally, a property owner or developer may obtain vested rights in both a local government-
approved preliminary plat and a final plat, as long as expenditures or a substantial change have been
made by the property owner or developer based on such preliminary plat or plat. 21
12 City of Jacksonville Code of Ordinances s. 654-109(b).
13 Florida courts have used the concepts of vested rights and equitable estoppel interchangeably in deciding fault in
property rights cases. Equitable estoppel, in this instance, means focusing on whether it would be inequitable or fair to
allow a local government to deny prior conduct or position on building or development decisions. Robert M. Rhodes and
Cathy M. Sellers, Equitable Estoppel and Vested Rights in Land Use, The Florida Bar, II Florida Environmental and Land
Use Law 8, (1994).
14 Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes ,
Urb.L.Ann. 63, 64-65 (1971).
15 Monroe County v. Ambrose, 866 So.2d 707, 712 (Fla. 3d DCA 2003); Kristin Melton, de la Parte & Gilbert P.A., When
are Rights Vested in a Platted Development?, 2016,
https://www.dgfirm.com/email/2016summer/article2. html#:~:text=Florida%20common%20law%20pro vides%20t hat,it%20
would%20make%20it%20highly (last visited Jan, 11, 2024).
16 Monroe County, 866 So.2d at 710.
17 Id.
18 Melton, supra note 15.
19 Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975).
20 Id.; Melton, supra note 15.
21 The Florida Companies v. Orange County, 411 So.2d 1008, 1011 (Fla. 5th DCA 1982)
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The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.22
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study’s commission
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 23 The current edition of
the Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code. 24
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 25
The Florida Building Commission (Commission) was created to implement the Building Code. The
Commission, which is housed within the Department of