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 Rules
BILL: CS/CS/CS/SB 812
INTRODUCER: Rules Committee; Regulated Industries Committee; Community Affairs Committee; and
Senator Ingoglia
SUBJECT: Expedited Approval of Residential Building Permits
DATE: February 15, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Fav/CS
2. Kraemer Imhof RI Fav/CS
3. Ryon Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 812 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, under certain circumstances, by October 1, 2024. A local
government must update its expedited building permit program with certain increased
percentages by December 31, 2027.
The application to expedite the issuance of building permits or the local government’s final
approval may not alter or restrict the applicant from receiving the number of building permits
requested, as long as the request for the permits does not exceed 50 percent of the homes in the
subdivision or planned community or the number of building permits.
The bill allows an 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 by the local
government. The bill also requires all local governments to create a master building permit
process.
The bill provides that an applicant for a building permit may not obtain a temporary or final
certificate of occupancy for each residential structure or building until the final plat is approved
by the governing body and recorded in the public records; this provision revises language in the
bill as originally filed that the provision only applied to final certificates.
BILL: CS/CS/CS/SB 812 Page 2
The bill allows an applicant to use a private provider to expedite the application process for
building permits after a preliminary plat is approved, and requires local governments to establish
a registry of “qualified contractors” whom the local government can use for help processing and
expediting the review of applications for preliminary plats.
The bill provides that vested rights may be formed in a preliminary plat, under certain
circumstances.
To date, no analysis by the Department of Business and Professional Regulation or the
Department of Commerce of the impact of the bill on their respective operations, revenue, and
expenditures has been provided. See Section V, Fiscal Impact Statement.
The bill takes effect upon becoming law.
II. Present Situation:
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.1
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, 2002.2 The current edition of the Building Code is the eighth edition,
which is referred to as the 2023 Florida Building Code.3
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.4
The Florida Building Commission (Commission) was statutorily created to implement the
Building Code. The Commission, which is housed within the Department of Business and
1
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 18, 2024).
2
Id.
3
See the Department of Business and Professional Regulation’s Building Code Information System website at
https://floridabuilding.org/c/default.aspx (last visited Jan. 26, 2024).
4
Section 553.72(1), F.S.
BILL: CS/CS/CS/SB 812 Page 3
Professional Regulation, is a 19-member technical body consisting of design professionals,
contractors, and government experts in various disciplines covered by the Building Code. The
Commission reviews several International Codes published by the International Code Council,5
the National Electric Code, and other nationally adopted model codes to determine if the
Building Code needs to be updated and adopts an updated Building Code every three years. 6
Platting
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.7 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 subdivision.8
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.9 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.10
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.11
Jurisdiction over plat approval is as follows:12
 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.
5
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 18, 2024).
6
Section 553.73(7)(a), F.S.
7
Section 177.031(14), F.S.
8
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. 18, 2024).
9
Section 177.011, F.S.
10
Section 177.081(1), F.S.
11 Section 177.071(1) F.S.
12
Section 177.071(1), F.S.
BILL: CS/CS/CS/SB 812 Page 4
Every plat of a subdivision offered for recording must have certain information, including
providing:13
 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 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.14
13
Section 177.091, F.S.
14
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
BILL: CS/CS/CS/SB 812 Page 5
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.15
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. 16
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:17
 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. 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.18
Vested Rights in Property Based on a Plat
In general, vested rights19 form when a property owner or developer acquires real property rights
that cannot be taken by governmental regulation.20 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.21
Application, https://www.seminolecountyfl.gov/core/fileparse.php/3307/urlt/SUBDIVISION-05-2023.ADA.pdf (last visited
Jan. 18, 2024).
15
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. 18, 2024).
16
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.
17
City of Jacksonville Code of Ordinances s. 654-139(d).
18
City of Jacksonville Code of Ordinances s. 654-109(b).
19
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).
20
Id.; Heeter, Zoning Estoppel: Application of the Principles of Equitable Estoppel and Vested Rights to Zoning Disputes,
Urb.L.Ann. 63, 64-65 (1971).
21
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,
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Florida common law provides that vested rights in a property may be established if a property
owner or developer has:22
 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 rights23 in the land development regulations i