HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 791 Development Permits and Orders
SPONSOR(S): Commerce Committee, Overdorf, Esposito and others
TIED BILLS: IDEN./SIM. BILLS: SB 1150
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 14 Y, 0 N Mwakyanjala Darden
Districts Subcommittee
2) Commerce Committee 16 Y, 0 N, As CS Larkin Hamon
3) State Affairs Committee 18 Y, 0 N Mwakyanjala Williamson
SUMMARY ANALYSIS
The Community Planning Act provides counties and municipalities with the power to plan for future
development by adopting comprehensive plans. Each county and municipality must maintain a comprehensive
plan to guide future development.
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. A development order is issued by a local
government and grants, denies, or grants with conditions an application for a development permit. Counties
and municipalities must approve, approve with conditions, or deny applications with a development order within
timeframes established by statute.
The bill revises procedures for counties and municipalities to issue development permits and orders by
requiring counties and municipalities to:
Specify in writing the minimum information that must be submitted in certain development applications.
Confirm receipt of an application within five business days.
Issue a refund of application fees if certain deadlines are not met.
The bill provides that timeframes for processing an application for a development permit or order restart if the
applicant makes a substantive change. The bill requires any extension of deadlines for processing an
application for a development permit or order be in writing. A county or municipality is not required to issue a
refund of application fees if the parties have agreed to an extension of time, the delay in meeting the deadline
is caused by the applicant, or the delay is attributable to a force majeure or other extraordinary circumstance.
The bill does not appear to have a fiscal impact on state government, but may have an indeterminate negative
fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0791e.SAC
DATE: 2/14/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Comprehensive Planning
The Community Planning Act1 provides counties and municipalities with the power to plan for future
development by adopting comprehensive plans.2 Each county and municipality must maintain a
comprehensive plan to guide future development and growth.3
All development, both public and private, and all development orders approved by local governments
must be consistent with the local government’s comprehensive plan.4 A comprehensive plan is
intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.
A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water
and sewer facilities, neighborhoods, parks, schools, and commercial and industrial developments. A
comprehensive plan is made up of 10 required elements, each laying out regulations for a different
facet of development.5 Local governments may also include optional elements in their comprehensive
plan. The 10 required elements are:
Capital improvements.
Future land use plan.
Transportation.
General sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer
recharge.
Conservation.
Recreation and open space.
Housing.
Coastal management.
Intergovernmental coordination.
Property rights.6
Development Permits and Orders
Under the Community Planning Act, a development permit is any official action of a local government
permitting the development of land.7 Development plans include, but are not limited to, building permits,
zoning permits, subdivision approval, rezoning, certifications, special exceptions, and variances. A
development order is issued by a local government and grants, denies, or grants with conditions an
application for a development permit.8
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. 9 If the
application is deficient, the applicant has 30 days to address the deficiencies by submitting the required
additional information.
1 Ch. 163, part II, F.S.
2 S. 163.3167(1), F.S.
3 S. 163.3167(2), F.S.
4 S. 163.3194(1)(a), F.S
5 S. 163.3177(6), F.S.
6 Id.
7 S. 163.3164(16), F.S.
8 See ss. 125.022, 163.3164(15), and 166.033, F.S.
9 Ss. 125.022(1) and 166.033(1), F.S.
STORAGE NAME: h0791e.SAC PAGE: 2
DATE: 2/14/2024
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.10 Both the applicant and the local government may agree to an extension of time,
particularly in the event of a force majeure or other extraordinary circumstance. 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 decision. These timeframes do not apply in an area of
critical state concern.
When reviewing an 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 three times, unless the applicant waives the limitation in writing. 11
If a county or municipality makes a request for additional information from the applicant and the
applicant provides the information within 30 days of 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 of receiving the
information, if the request is the county’s or municipality’s first request.12
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 of receiving the
additional information, if the request is the county’s or municipality’s second request.13
Deem the application complete within 10 days of receiving the additional information or proceed
to process the application for approval or denial unless the applicant waived the county’s or
municipality’s time limitations in writing, if the request is the county’s or municipality’s third
request.14
Before a third request for information, the applicant must be offered a meeting to attempt to resolve
outstanding issues. If the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the applicant can request the county or municipality
proceed to process the application for approval or denial. 15
If a development permit or order is denied, the county or municipality must give written notice to the
applicant and must provide reference to the applicable legal authority for the denial of the permit. 16
Effect of Proposed Changes
The bill requires counties and municipalities 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. A municipality or county must make the minimum information available
for inspection and copying at the location where the local government receives applications for
development permits and orders, and provide the information to the applicant at a pre-application
meeting or post the information on the local government’s website.
The bill requires counties and municipalities to confirm receipt of the application for a development
permit or order within five business days of receipt using contact information provided by the applicant.
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 written notice
10 Id.
11 Ss. 125.022(2)(a) and 166.033(2)(a), F.S.
12 Ss. 25.022(2)(b) and 166.033(2)(b), F.S.
13 Ss.125.022(2)(c) and 166.033(2)(c), F.S.
14 Ss. 125.022(2)(d) and 166.033(2)(d), F.S.
15 Ss. 125.022(2)(e) and 166.033(2)(e), F.S.
16 Ss. 125.022(3) and 166.033(3), F.S.
STORAGE NAME: h0791e.SAC PAGE: 3
DATE: 2/14/2024
to the applicant indicating that all required information is submitted or specify any areas that are
deficient.
The bill clarifies that counties and municipalities must approve, approve with conditions, or deny an
application within 120 days when an application does not require final action through a quasi-judicial
hearing or a public hearing.
The bill requires any extensions in time agreed upon by an applicant and a county or municipality to be
in writing.
The bill specifies that all timeframes related to issuing development permits and orders restart if an
applicant makes a “substantive change” to the application, defined as an applicant-initiated change of
15 percent or more in the proposed density, intensity, or square footage of a parcel.
The bill requires a county or municipality to issue a refund to an applicant equal to:
10 percent of the application fee if the county fails to issue written notification of completeness
or written specification of areas of deficiency within 30 days after receiving the application.
10 percent of the application fee if the county fails to issue written notification of completeness
or written specification of areas of deficiency within 30 days after receiving the additional
information upon an initial request.
20 percent of the application fee if the county fails to issue written notification of completeness
or written specification of areas of deficiency within 10 days after receiving the additional
information upon a second request.
50 percent of the application fee if the county fails to approve, approve with conditions, or deny
the application within 30 days after conclusion of the 120-day or 180-day application completion
timeline.
100 percent of the application fee if the county fails to approve, approve with conditions, or deny
an application 31 days or more after conclusion of the 120-day or 180-day application
completion timeline.
A county or municipality is not required to issue a refund if the county or municipality agreed to an
extension of time, the delay is caused by the applicant, or the delay is attributable to a force majeure or
other extraordinary circumstance.
B. SECTION DIRECTORY:
Section 1: Amends s. 125.022, F.S., relating to county development permits and orders.
Section 2: Amends s. 166.033, F.S., relating to municipal development permits and orders.
Section 3: Provides an effective date of October 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
STORAGE NAME: h0791e.SAC PAGE: 4
DATE: 2/14/2024
2. Expenditures:
The bill may have an indeterminately negative fiscal impact on local governments to the extent
those governments must issue refunds for failure to meet statutory deadlines for development order
issuance.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminately positive fiscal impact to the extent applicants who receive refunds
from counties and municipalities that fail to meet statutory deadlines for development order issuance.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 8, 2024, the Commerce Committee adopted an amendment and reported the bill favorably as a
committee substitute. The committee substitute defines “substantive change” in applicable sections for
development permits and orders and removes the definition of “substantive change” in the Community
Planning Act.
This analysis is drafted to the committee substitute as passed by the Commerce Committee.
STORAGE NAME: h0791e.SAC PAGE: 5
DATE: 2/14/2024
Statutes affected: H 791 Filed: 125.022, 166.033
H 791 c1: 125.022, 166.033