Meeting Packet — Commerce Committee (Florida House of Representatives, February 18, 2026)
Summary
This is the meeting packet for the Commerce Committee of the Florida House of Representatives for Wednesday, February 18, 2026, 8:00 AM to 10:00 AM in Sumner Hall (404 HOB). The meeting notice lists bills for consideration, including CS/HB 299 Blue Ribbon Projects, HB 431 Air-conditioning and Mechanical Contractors, CS/HB 837 Affordable Housing and CS/HB 1323 Railroad Crossing Safety. The packet includes a bill analysis of CS/HB 299, which creates a framework for a new type of planned community referred to as a blue ribbon project and provides that an application is automatically approved if a local government fails to provide written comments within 60 days after receipt. Its closing pages carry text of CS/HB 1323, which requires a Department of Transportation report by December 1, 2026.
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“Meeting Packet — Commerce Committee (Florida House of Representatives, February 18, 2026).”
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Commerce Committee
Wednesday, February 18, 2026
8:00 AM – 10:00 AM
Sumner Hall (404 HOB)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Commerce Committee
Start Date and Time: Wednesday, February 18, 2026 08:00 AM
End Date and Time: Wednesday, February 18, 2026 10:00 AM
Location: Sumner Hall (404 HOB)
Duration: 2.00 hrs
Consideration of the following bill(s):
CS/HB 299 Blue Ribbon Projects by Intergovernmental Affairs Subcommittee, Melo
HB 431 Air-conditioning and Mechanical Contractors by Albert
CS/HB 803 Building Permits and Inspection by Industries & Professional Activities Subcommittee, Trabulsy,
Overdorf
CS/HB 837 Affordable Housing by Housing, Agriculture & Tourism Subcommittee, Busatta
CS/HB 927 Local Land Planning and Development by Intergovernmental Affairs Subcommittee, Sapp
CS/HB 979 Infill Redevelopment by Intergovernmental Affairs Subcommittee, Borrero
CS/HB 1175 Safety Design Standards for Office Surgery Suites by Health Professions & Programs
Subcommittee, Redondo
CS/HB 1231 Final Disposition, Funeral, and Cemetery Services by Insurance & Banking Subcommittee, Oliver
CS/HB 1323 Railroad Crossing Safety by Economic Infrastructure Subcommittee, Tuck
NOTICE FINALIZED on 02/16/2026 4:33PM by Marks.Amie
02/16/2026 04:33:29PM Leagis ® Page 1 of 1
CS/HB 299
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 299 COMPANION BILL: CS/SB 354 (McClain)
TITLE: Blue Ribbon Projects LINKED BILLS: None
SPONSOR(S): Melo RELATED BILLS: None
Committee References
Intergovernmental Affairs Commerce State Affairs
12 Y, 2 N, As CS
SUMMARY
Effect of the Bill:
The bill creates a framework for a new type of planned community referred to as a “blue ribbon project” (BRP) that
is intended to balance environmental stewardship with the need for development to provide for future growth. The
bill:
• Establishes requirements for a proposed development to qualify as a BRP.
• Provides criteria for the types of development that must be contained within each BRP.
• Requires each BRP to be developed in accordance with a blue ribbon plan that adopts a longer planning
period than local government comprehensive plans.
Each application for a proposed BRP is submitted to the applicable county or municipal government. The applicable
local government may only review the application for compliance with the requirements of the bill and must do so
within a set timeframe. BRPs may be located in any future land use designation and zoning designation without the
need for a comprehensive plan amendment or rezoning.
The bill provides an appeal procedure for applicants who are denied approval of a BRP or for persons whose
substantial interests are impacted by the approval of a BRP.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and local governments.
I
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ANALYSIS
EFFECT OF THE BILL:
The bill creates a framework for a new type of planned community referred to as a “blue ribbon project” (BRP).
BRPs are intended to balance environmental stewardship with the need for development to provide for future
growth. The bill states the Legislature intends for BRPs to promote the preservation of natural areas, encourage
agricultural land uses and rural land stewardship, protect critical ecological systems, expand wildlife corridors, and
provide for more compact mixed-use developments designed for long-term viability. (Section 1)
To qualify as a BRP a proposed development project must meet the following requirements:
• Contain at least 10,000 acres of contiguous land owned by, or by entities owned or controlled by, the same
person.
• At least 60 percent of the land must be set aside as “reserve area,” which consists of lands used for
environmental conservation, parks and recreation, productive agriculture and silviculture, utility sites,
reservoirs and lakes, conservations easements and agreements for the Department of Agriculture and
Consumer Services’s Rural and Family Lands Protection Program, or uses that support such activities. If
STORAGE NAME: h0299b.COM
DATE: 2/16/2026
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CS/HB 299
any of the project boundary is contiguous to state-owned environmental preservation land or the Florida
Wildlife Corridor, a portion of the reserve area must be located adjacent to those lands.
• Any land not set aside as reserve area may be used as “development area,” which consists of lands to be
developed for residential, commercial, industrial, or other uses. (Section 1)
Development Area
The bill requires the development area to have a dense, walkable, mixed-use, human-centered development
pattern that utilizes principles of new urban design, including the existence of inhabited areas separated by
reserve area. These areas must be designed to enhance walkability and mobility and include a mixture of land uses.
(Section 1)
The bill requires the residential portions of the development area to be varied in the types of housing available,
with a mix of single-family and multi-family units provided in both attached and detached forms. Density in the
residential portions of the BRP is limited to 12 units per gross acre, as measured in combination throughout all
phases of the project. At least 20 percent of the residential units within each phase of the project must be a
combination of affordable housing for persons at or below 80 percent of area median income, “missing middle
housing,” 1 and housing that is affordable for persons eligible for the Florida Hometown Hero Program. (Section 1)
The bill requires at least 10 percent of the development area to be allocated for non-residential land uses. In
addition, a portion of the area must be intended for uses that provide economic development and create high-wage
jobs, which must be located in a part of the BRP that is accessible by an interstate interchange, a state road, a rail
line, an airport, or other transportation facility. The non-residential portions of the development area are subject to
a maximum intensity of 85 percent impervious surface ratio per gross acre, as measured in combination
throughout all phases of the project. (Section 1)
Timelines
A BRP may be developed in phases based on growth projections for the geographical area in which the project is
located. Development rights and mitigation of project impacts are vested for at least 50 years, but if the applicant
has developed at least 50 percent of the development area within 50 years of the project’s initial public dedication
of infrastructure, the vested period is extended for an additional 25 years. (Section 1)
Blue Ribbon Plans
Each BRP must be developed in accordance with a blue ribbon plan that is the master development plan for the
project. These plans, which are based on a planning period longer than the 20-year period required in a local
government’s comprehensive plan, must specify a population projection for the planning area during the chosen
planning period. A plan is not required to demonstrate need based on projected population growth or any other
basis.
Each blue ribbon plan must contain documentation, as well as exhibits including maps, illustrations, and text
supported by data and analysis, that include:
• A long-term master development map that depicts the locations of the reserve and development areas.
• Identification and analysis of necessary water supplies and available sources of water, including water
resource development and water supply development projects, and water conservation measures required
to meet the projected demand from each phase of the project.
• Identification and analysis of transportation facilities and future transportation corridors necessary to
serve development area land uses contained in the blue ribbon plan, including guidelines for each modal
component to optimize mobility.
1 The bill defines “missing middle housing” to mean “a range of for-sale and for-rent housing types, including, but not limited
to, duplexes, triplexes, townhomes, small multi-family buildings, and small detached single-family homes, that fill the gap
between larger single-family homes and larger apartment buildings” that may be vertically and horizontally integrated.
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CS/HB 299
• Identification of other regionally significant public facilities, which must include utilities, parks, and
schools, necessary to support the project’s permitted density for each phase of the project and policies
providing procedures to mitigate the impacts of the project's permitted density on public facilities.
• Identification of regionally significant natural resources within the reserve area based on the best available
data and policies, and mechanisms to ensure the perpetual protection or conservation of specific resources,
consistent with the overall conservation and development strategy for the project area.
• General principles and guidelines to:
o Address land uses within the development and reserve areas, including the interrelationships
between those areas.
o Address the protection, restoration, and management of reserve areas identified in the blue ribbon
plan for permanent conservation and public use, which must be phased in coordination with the
phased development.
o Achieve a cleaner and healthier environment.
o Limit urban sprawl.
o Provide a range of housing types.
o Protect wildlife and natural areas.
o Advance the efficient use of land and other resources.
o Create quality communities of a design that reduces and captures vehicle trips and promotes
mobility options.
o Enhance the prospects for state and local economic development objectives and high-wage job
creation.
• Development standards for each type of land use proposed within the development area which is typically
found in a planned unit development. 2 (Section 1)
Water and wastewater facilities, transportation facilities, and other regionally significant public facilities must be
provided in accordance with concurrency requirements. The bill provides that these facilities may be provided by
the applicant, a special district, a local general-purpose government, or the state. (Section 1)
The bill encourages local governments to enter into public-private partnerships to provide public facilities,
including partnerships for water storage and other water quality and capacity improvements that operate in the
same manner as public-private partnerships for water improvements on private agricultural lands. (Section 1)
If a project under a blue ribbon plan contributes land, funds, or otherwise causes the construction of public
facilities necessary for achieving concurrency, the project must receive dollar-for-dollar credits against impact,
mobility, proportionate share, or other fee credits from the local government for such facility improvements as
required under the concurrency statute. 3 (Section 1)
The bill provides thay any easement granted to the Department of Agriculture and Consumer Services for the Rural
and Family Lands Protection Protection Program, or any other easement or property granted to any other state
agency, a water management district, or a local government, must be granted without charge. (Section 1)
Local Government Review
An applicant for a BRP must submit his or her application to the applicable county or municipal government for
approval. The local government’s review of the application is limited to determining whether the proposed BRP
meets the bill’s requirements, and if the BRP meets its requirements, the applicable local government must
approve the project administratively without further action by the local government or any quasi-judicial or
administrative reviewing body. (Section 1)
2 A “planned unit development” is an area of land that is planned and developed as a single entity or in approved stages with
uses and structures substantially related to the character of the entire development, or a self-contained development in which
the subdivision and zoning controls are applied to the project as a whole rather than to individual lots. S. 163.3202(5)(b)2.,
F.S.
3 S. 163.3180, F.S.
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CS/HB 299
A BRP may be located on land with any future land use designation and with any zoning designation listed in the
applicable local government’s land development regulations. The local government may not require a
comprehensive plan amendment or rezoning for approval of the project. (Section 1)
The bill provides that a BRP application is automatically approved if a local government fails to provide written
comments on the application within 60 days after receipt of the application or within 30 days after the applicant
files amended application documents that are responsive to the local government’s initial review. At any point
after the conclusion of the initial 60-day review period, the applicant may request a final determination, which
must be made within seven days after receipt of the request. If the local government fails to provide the
determination within the seven-day period, the application is automatically approved. (Section 1)
The bill authorizes applicants to hire private companies to conduct plan reviews and building inspections. (Section
1)
Public Notice
If a BRP is approved, the bill requires the applicant to publish notice of the approval in a newspaper of general
circulation in the area in which the land is located within 14 days after the approval is issued. The notice must
include the local government order number (if any); the section, township, and range in which the BRP is located;
and a description of the project. (Section 1)
The applicant must also record the blue ribbon plan in the public records of the county in which the project is
located. The bill provides that the plan runs with the title to the land. A recorded plan may be amended using the
same review procedures as the initial application, with the local government’s review being limited to the portion
of the plan being amended. (Section 1)
Appeals Procedure
If a local government denies an application for a BRP, the applicant may appeal the decision by filing a written
petition with the Department of Commerce (Department) pursuant to certain provisions of the Administrative
Procedure Act, 4 within 21 days after receipt of the denial. The applicant must provide a copy of the notice of appeal
to the local government. (Section 1)
Additionally, any person whose substantial interests are or may be affected by a local government’s approval of a
BRP may file a written petition with the Department challenging the approval. This petition must be filed within 21
days of the publication of public notice of the BRP’s approval. The petition must clearly state the reasons for the
petition and describe how the project will adversely affect the person more substantially than the general
population of the geographical area in which the project is located. The petitioner must provide a copy of the
petition to the local government. If the petition is timely filed, the applicant may intervene as a party to the hearing.
(Section 1)
Upon receipt of an appeal or petition, the Department must hold a hearing in according with ch. 120, F.S., and
determine whether the BRP meets all requirements and issue a final order granting or denying the application. The
Department may attach conditions or restrictions to the order. (Section 1)
The bill authorizes a prevailing party in proceedings brought by a person whose substantial interests are or may be
affected by the local government's approval of a BRP to be awarded reasonable attorney fees if the non-prevailing
party has been determined by the administrative law judge to have participated in the proceeding for an improper
purpose. 5 (Section 1)
4 See ss. 120.569 and 120.57, F.S.
5 See s. 120.595, F.S.
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CS/HB 299
Effective Date
The effective date of the bill is July 1, 2026. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on state government to the extent applicants and other
parties file appeals with the Department of Commerce challenging local government actions concerning BRPs.
LOCAL GOVERNMENT:
The bill may have an indeterminate fiscal impact on local governments to the extent the development of BRPs
require additional local government services and generate additional tax revenue.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act 6 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans. 7 Each county and municipality must maintain a comprehensive plan to guide
future development and growth. 8
All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan. 9 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. 10
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. 11 A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development. 12 Local
governments may also include optional elements in their comprehensive plan. 13 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.14
6 Ch. 163, Part II, F.S.
7 S. 163.3167(1), F.S.
8 S. 163.3167(2), F.S.
9 S. 163.3194(1)(a), F.S.
10 See, e.g., Sarasota County, Fla., Comprehensive Plan, Element 3, Ch. 7, FLU Policy 1.1.1 (May 2024).
11 S. 163.3177(1), F.S.
12 S. 163.3177(6), F.S.
13 S. 163.3177(1)(b), F.S.
14 S. 163.3177(6), F.S.
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CS/HB 299
Comprehensive plans must include at least two planning periods, one covering the first 10-year period occurring
after the plan’s adoption and one covering a period of at least 20 years. 15 Additional planning periods are
permissible and accepted as part of the planning process.
Comprehensive Plan Amendments
Comprehensive plan amendments are generally governed by the state expedited review process, which typically
begins with an initial public hearing during which the local government’s governing body decides whether to
transmit the proposed amendment to the reviewing agencies. 16 The local government’s decision must be by an
affirmative vote of at least a majority of the governing body’s members present at the hearing. 17 Within 10 working
days of such hearing, the local government must transmit the plan amendment and appropriate supporting data
and analyses to the reviewing agencies for expedited comment 18 and to any other local government or
governmental agency that filed a written request for such transmittal with the local government. 19 Interested
persons may also provide the local government with written or oral comments, recommendations, or objections to
the plan amendment. 20
Within 180 days after receipt of any agency comments, the local government must generally hold a second public
hearing to determine whether to adopt the plan amendment. 21 However, where the proposed plan amendment is a
small-scale development amendment, 22 the local government must hold only the public adoption hearing; the
initial public hearing is not required. 23 In either case, plan amendment adoption must be by an affirmative vote of
at least a majority of the governing body’s members present at the hearing, and failure to hold a timely adoption
hearing causes the amendment to be deemed withdrawn unless the timeframe is extended by agreement with
specified notice to the state land planning agency, which is currently the Department of Commerce (Department),
and other parties. 24
Within 10 working days of the adoption hearing, the local government must transmit the plan amendment to the
Department and any affected person who provided timely comments on the amendment. 25 The Department must
review the amendment package for any deficiencies and send notice of such deficiencies to the local government
within five working days of receipt of the amendment package. 26 If no deficiencies are found, the amendment takes
15 S. 163.3177(5)(a), F.S.
16 Section 163.3184(1)(c), F.S., provides that “reviewing agencies” are the state land planning agency, the appropriate regional
planning council, the appropriate water management district, the Department of Environmental Protection, the Department of
State, the Department of Transportation, the Department of Education (for plan amendments relating to public schools), the
commanding officer of an affected military installation, the Fish and Wildlife Conservation Commission and the Department of
Agriculture and Consumer Services (for county plans and plan amendments), and, for municipal plans and plan amendments,
the county in with the municipality is located. Amendments that do not use the state expedited review process include plan
amendments that are in an area of critical state concern; propose a rural land stewardship area; propose a sector plan or an
amendment to an adopted sector plan; or update a comprehensive plan based on an evaluation and appraisal, which use the
state coordinated review process and small-scale development amendments that involve the use of 50 acres or fewer, only
proposes a land use change to the future land use map for a site-specific small-scale development activity, and only applies to
property not located within an area of critical state concern, absent an exception related to affordable housing development.
Ss. 163.3184(2)(b)-(c), (4) and 163.3187, F.S.
17 S. 163.3184(11), F.S.
18 The expedited review process is set out in s. 163.3184(3), F.S.
19 S. 163.3184(3), F.S.
20 Id.
21 S. 163.3184(3)(c)1., F.S. Plan amendments under the expedited state review process must be adopted within 180 days of the
second public hearing held to consider the amendments.
22 Small-scale comprehensive plan amendments are generally not reviewed by the Department. See ss. 163.3184(2)(b) and
163.3187, F.S.
S. 163.3187(1), F.S.
23 Ss. 163.3184(2) and 163.3187(2), F.S.
24 S. 163.3184(3), (4), and (11), F.S.
25 Id.
26 S. 163.3184(3)(c)3. and (4)(e)3., F.S.
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CS/HB 299
effect 31 days after the Department notifies the local government that the amendment package is complete for the
expedited state review process, 31 days after the adoption of the amendment for small-scale development
amendments, or pursuant to the Department’s notice of intent determining the amendment is in compliance for the
state coordinated review process. 27
Amendments to comprehensive land use plans are legislative decisions that are subject to the “fairly debatable”
standard of review, even when amendments to plans are being sought as part of a rezoning application in respect
to only one piece of property. 28 “Fairly debatable” means that the government’s action must be upheld if
reasonable minds could differ as to the propriety of the decision reached. 29
Future Land Use Element
Comprehensive plans must contain an element regarding future land use that designates proposed future general
distribution, location, and extent of the uses of land for a number of uses and categories of public and private uses
of land. 30 Each future land use category must be defined in terms of uses included, and must include standards to
be followed in the control and distribution of population densities and building and structure intensities. 31 The
proposed distribution, location, and extent of the various categories of land use must be shown on a land use map
or map series. Future land use plans and plan amendments are based on surveys, studies, and data regarding the
area 32 and the future land use element must include a future land use map or map series. 33 Future land use plans
and plan amendments must be based upon the:
• Amount of land required to accommodate anticipated growth.
• Projected permanent and seasonal population of the area.
• Character of undeveloped land.
• Availability of water supplies, public facilities, and services.
• Need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming
uses which are inconsistent with the character of the community.
• Compatibility of uses on lands adjacent to or closely proximate to military installations.
• Compatibility of uses on lands adjacent to an airport.
• Discouragement of urban sprawl.
• Need for job creation, capital investment, and economic development that will strengthen and diversify the
community's economy.
• Need to modify land uses and development patterns within antiquated subdivisions. 34
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Land development regulations are
ordinances enacted by governing bodies for the regulation of any aspect of development and include any local
government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations
controlling the development of land. 35
Each county and municipality must adopt and enforce land development regulations consistent with and that
implement its adopted comprehensive plan. 36 Local governments are encouraged to use innovative land
27 Ss. 163.3184(3)(c)4., 163.3184(4)(e)4.-5., and 163.3187(5)(c), F.S.
28 Martin Cty. v. Yusem, 690 So.2d 1288, 1293-94 (Fla. 1997).
29 Gary K. Hunter Jr. and Douglas M Smith, ABCs of Local Land Use and Zoning Decisions, 84 Fla. B.J. 20 (January 2010).
30 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to,
residential, commercial, industrial, agricultural, recreational, conservation, educational, and public facilities. S.
163.3177(6)(a)10., F.S.
31 S. 163.3177(6)(a)1., F.S.
32 S. 163.3177(6)(a)2., F.S.
33 S. 163.3177(6)(a)10., F.S.
34 S. 163.3177(6)(a)2., F.S.
35 S. 163.3164(26), F.S.
36 S. 163.3202(1), F.S.
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development regulations 37 and may adopt measures for the purpose of increasing affordable housing using land-
use mechanisms. 38
Zoning
A comprehensive plan’s future land use element establishes a range of allowable uses and densities 39 and
intensities 40 over large areas, while the specific use and intensities for specific parcels within that range are
decided by a more detailed, implementing zoning map. 41
Zoning maps and zoning districts are adopted by a local government for developments within each land use
category or sub-category. While land uses are general in nature, one or more zoning districts may apply within
each land use designation. 42 Common regulations within the zoning map districts include density, height and bulk
of buildings, setbacks, and parking requirements. Regulations for a zoning category in a downtown area may allow
for more density and height than allowed in a suburb, for instance.
If a developer or landowner believes that a proposed development may have merit but it does not meet the
requirements of a zoning map in a jurisdiction, the developer or landowner can seek a rezoning through a rezoning
application. 43 Rezoning applications are initially reviewed by local government staff, followed by a review by an
appointed body that makes recommendations to the governing body of the local government, which makes the
final determination. 44 If a property has unique circumstances or small nonconformities but otherwise meets zoning
regulations, local governments may ease restrictions on certain regulations such as building size or setback
through an application for a variance. 45 However, any action to rezone or grant a variance must be consistent with
the local government’s comprehensive plan.
Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning
category or ordinances or resolutions initiated by the local government that change the actual zoning map
designation of a parcel or parcels of land must follow additional enhanced notice requirements:
• If the area affected is less than 10 acres, the local government must notify by mail each property owner and
hold a public meeting to discuss the ordinance or resolution before passage.
• If the area affected is 10 acres or greater, the local government must hold two separate meetings to discuss
the changes, and notice the public through either mail to each property owner or to the public generally by
newspaper. 46
Comprehensive rezonings affecting a large portion of the public are legislative in nature, and are subject to the
fairly debatable standard of review, while rezoning actions that can be viewed as policy application, rather than
policy setting, and which have an impact on a limited number of persons or property owners, are quasi-judicial in
nature, and are properly reviewable by petition for certiorari on which they are subject to strict scrutiny and to
substantial evidence standard. 47
37 S. 163.3202(3), F.S.
38 Ss. 125.01055 and 166.04151, F.S.
39 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. S. 163.3164(12), F.S.
40 “Intensity” means an objective measurement of the extent to which land may be developed or used, including the
consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources;
and the measurement of the use of or demand on facilities and services. S. 163.3164(22), F.S.
41 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J. Envtl. L.
& Litig. 129, 154 (2019) citing Brevard Cnty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
42 See, e.g., Indian River County, Planning and Development Services FAQ (last visited Feb. 11, 2026).
43 See e.g., City of Tallahassee, Application for Rezoning Review (last visited Feb. 11, 2026).
44 See id. and City of Redington Shores, Planning and Zoning Board (last visited Feb. 11, 2026).
45 See e.g., City of Tallahassee, Variance and Appeals and Seminole County, Variance Processes (last visited Feb. 11, 2026).
46 See ss. 125.66(5) and 166.041(3), F.S.
47 Brevard Cnty. v. Snyder, 627 So. 2d 469, 474-75 (Fla. 1993).
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Concurrency
In the context of comprehensive planning, “concurrency” refers to the concept of providing additional public
facilities necessary to achieve and maintain standards of service in the community in a timely manner in response
to increased demand caused by development. 48 All local government comprehensive plans must provide for
concurrency in providing public facilities and services for sanitary sewer, solid waste, drainage, and potable water,
but local governments may extend concurrency requirements to other public facilities such as transportation and
schools. 49 When concurrency is applied to other public facilities and services, the local comprehensive plan must
provide sufficient principles, standards, and adopted levels of service to guide its implementation. 50 Concurrency
requirements apply to state facilities and other public facilities to the same extent as all other facilities and
development. 51
One method of funding local government concurrency requirements is through the adoption and imposition of
impact fees on new development. Local governments impose impact fees to fund infrastructure 52 needed to expand
local services to meet the demands of population growth caused by new development. 53 The types of impact fees
charged and the timing of their collection after issuing a building permit are within the discretion of the local
government or special district authorities choosing to impose the fees. 54 In general, a building permit must be
obtained before the construction, erection, modification, repair, or demolition of any building. 55
Development Rights
Land development, especially large-scale development, is completed in stages. During the development process, a
landowner will often commence a particular land use activity in accordance with then-current zoning regulations
that are amended at some later point in the development process in a manner that would prohibit the use. At this
point, a landowner may claim a vested right to complete his or her project under the prior zoning regulations.
Essentially, the landowner is asserting that when he or she commenced development activities under the prior
zoning scheme, he or she acquired a property right, which cannot now be abridged by the government's exercise of
its police powers, that is, the amended zoning ordinance. 56
Florida common law provides that vested rights may be established if a landowner or development has made a
substantial change in position or has incurred extensive obligations that would make interfering with the acquire
right inequitable in good faith reliance on an act or omission of government. 57
Florida law also allows for local governments to enter into development agreements with developers. 58 These
agreements are “contract[s] between a local government and a property owner/developer, which provides the
developer with vested rights by freezing the existing zoning regulations applicable to a property in exchange for
public benefits.” 59 A development agreement must contain:
• A legal description of the land subject to the agreement and the names of its legal and equitable owners.
• The duration of the agreement.
48 See s. 163.3180(5)(d), F.S. See also, David M. Layman, Concurrency and Moratoria, 71 Fla. B.J. 49 (January 1997).
49 S. 163.3180(1), (5), and (6), F.S.
50 S. 163.3180(1)(a), F.S.
51 S. 163.3180(4), F.S.
52 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of
public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment. S.
163.31801(3), F.S.
53 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
54 See s. 163.31801(2), F.S.
55 S. 553.79, F.S.
56 35 Am. Jur. Proof of Facts 3d s. 385 (1996).
57 Monroe Cnty. v. Ambrose, 866 So.2d 707, 710 (Fla. 3rd DCA 2003).
58 S. 163.3220(4), F.S.; See ss. 163.3220-163.3143, F.S., known as the “Florida Local Government Development Agreement Act.”
59 Morgran Co., Inc. v. Orange County, 818 So. 2d 640 (Fla. 5th DCA 2002); 7 Fla. Jur 2d Building, Zoning, and Land Controls §
168 (2019)
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• The development uses permitted on the land, including population densities, and building intensities and
height.
• A description of public facilities that will service the development, including who will provide such
facilities, the date any new facilities (if needed) will be constructed, and a schedule to assure public
facilities are available concurrent with the impacts of the development.
• A description of any reservation or dedication of land for public purposes.
• A description of all local development permits approved or needed to be approved for the development of
the land.
• A finding that the development permitted or proposed is consistent with the local government's
comprehensive plan and land development regulations.
• A description of any conditions, terms, restrictions, or other requirements determined to be necessary by
the local government for the public health, safety, or welfare of its citizens.
• A statement indicating that the failure of the agreement to address a particular permit, condition, term, or
restriction does not relieve the developer of the necessity of complying with the law governing said
permitting requirements, conditions, terms, or restrictions. 60
Within 14 days after a local government enters into a development agreement, the local government must record
the agreement with the clerk of the circuit court in the county where the local government is located, and such an
agreement is not effective until it is properly recorded. 61 A development agreement binds any person who obtains
ownership of a property already subject to an agreement (successor in interest). 62 A development agreement may
be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. 63
Public-private Partnerships
Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities 64 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects. These agreements enable the collaboration of skills and assets from both sectors to provide
services or facilities for the benefit of the general public. In addition to resource sharing, both parties assume
shared risks and potential rewards throughout the delivery of the service or facility. 65 Several statutes promote
and offer direction for P3 projects, including those for services and facilities related to transportation, 66 housing, 67
and education. 68
Responsible public entities (RPEs)69 engage in P3 projects aimed at developing an extensive array of public-use
facilities or projects that fulfill a public purpose. Examples of qualifying projects include those for mass transit,
vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such as
courthouses or city halls. 70 Current law outlines specific requirements to which RPEs must adhere, including
60 S. 163.3227(1) and (2), F.S.; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
61 S. 163.3239, F.S.; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
62 A successor in interest is one who follows another in ownership or control of property. A successor in interest retains the
same rights as the original owner, with no change in substance. Black’s Law Dictionary 1473 (8th ed. 2004); s. 163.3239, F.S
63 S. 163.3237, F.S.
64 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,
joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
65 See Brian W. Rowlson, Public Private Partnerships: The Future of Public Construction in Florida?, 86 Fla. B.J. 36 (July/August
2012)
66 See s. 334.30, F.S., relating to public-private transportation facilities.
67 See s. 420.0003(2)(b), F.S., relating to state housing strategy.
68 See s. 1013.35, F.S., relating to school district educational facilities plans.
69 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of
the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
70 “Qualifying project” means a facility or project that serves a public purpose, including, but not limited to, any ferry or mass
transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply facility, oil or gas pipeline,
medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or
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protocols for reviewing and approving proposals. 71 Additionally, agreements for P3s for water storage,
groundwater recharge, and water quality improvements must document the baseline condition of wetlands and
other surface waters before any improvements are constructed. 72
Private Providers for Plans Review and Building Inspections
Current law allows property owners and contractors to hire licensed building code officials, engineers, and
architects, referred to as private providers, 73 to review building plans, perform building inspections, and prepare
certificates of completion. 74 Private providers and their duly authorized representatives are able to approve
building plans and perform building code inspections as long as the plans approval and building inspections are
within the scope of the provider’s or representative’s license.
When a private provider submits an application for a permit, the local building official may provide a written
notice of plan deficiencies within certain prescribed time periods, which may lead to a permit denial, 75 The local
building official may visit a building site as often as necessary to verify that the private provider is performing all
required inspections. 76 A deficiency notice must be posted by the private provider, a duly authorized
representative of the private provider, or the local building code enforcement agency whenever a noncomplying
item related to the building code or the permitted documents is found. 77 A local building code enforcement agency
may audit the performance of building code inspection services by private providers operating within the local
jurisdiction if the agency has created certain standard operating private provider audit procedures for the agency’s
internal inspection and review staff. 78
If an owner or contractor opts to use a private provider for purposes of plans review or building inspection
services, the local government must calculate the cost savings to its building department and reduce the building
permit fees accordingly. 79 Additionally, a local government may not charge a fee for building inspections when an
owner or contractor uses a private provider but may charge a reasonable administrative fee for the clerical and
supervisory assistance required. 80
Rural and Family Lands Protection Program
The Rural and Family Lands Protection Program (RFLPP) is a land preservation program within Department of
Agrilculture and Consumer Services (DACS) that was created to protect agricultural lands through the acquisition
of permanent agricultural land conservation easements. 81 Through the RFLPP, DACS, on behalf of the Board of
facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used
or will be used by the public at large or in support of an accepted public purpose or activity; an improvement, including
equipment, of a building that will be principally used by a public entity or the public at large or that supports a service delivery
system in the public sector; a water, wastewater, or surface water management facility or other related infrastructure; or
notwithstanding any provision of this section, for projects that involve a facility owned or operated by the governing board of
a county, district, or municipal hospital or health care system, or projects that involve a facility owned or operated by a
municipal electric utility, only those projects that the governing board designates as qualifying projects pursuant to this
section. S. 255.065(1)(i), F.S.
71 “Proposal” means a plan for a qualifying project with detail beyond a conceptual level for which terms such as fixing costs,
payment schedules, financing, deliverables, and project schedule are defined. S. 255.065(1)(h), F.S.
72 S. 373.4591, F.S.
73 A “private provider” is a person licensed as a building official, engineer, or architect, and includes licensed building
inspectors and plans examiners who perform inspections for additions and alterations that are limited to 1,000 square feet or
less in residential buildings. S. 553.791(1)(n), F.S.
74 S. 553.791, F.S.
75 S. 553.791(7), F.S.
76 S. 553.791(9), F.S.
77 Id.
78 S. 553.791(20), F.S.
79 “Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local
enforcement agency assesses the cost for its plans review or inspection services.” S. 553.791(2)(b), F.S.
80 S. 553.791(2)(b), F.S.
81 Dept. of Agriculure and Consumer Services, Rural and Family Lands Protection Program, (last visited Feb. 11, 2026).
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Trustees of the Internal Improvement Trust Fund (Board), 82 is authorized to allocate money to acquire perpetual,
less-than-fee interests in land, enter into agricultural protection agreements, and enter into resource conservation
agreements. 83 To qualify for acquisition, the agricultural land must protect the integrity and function of working
landscapes, ensure opportunities for viable agricultural activities on working lands threatened by conversion to
other uses, and meet at least one of the following public purposes:
• Promoting and protecting wildlife habitats.
• Perpetuating open space on working lands that contain significant natural areas.
• Protecting, restoring, or enhancing water bodies, aquifer recharge areas, wetlands, or watersheds.
• Protecting agricultural lands threatened by conversion to other uses. 84
Under the RFLPP, lands must be acquired pursuant to a priority ranking. 85 To develop the RFLPP priority list,
DACS first reviews applications to evaluate the agricultural operation, whether best management practices are
being implemented, and the suitability of the land for long-term agricultural use. 86 This information is then
compiled into an evaluation report and provided to the Rural and Family Lands Selection Committee (Committee),
the members of which are appointed by the Commissioner of DACS. 87 At a publicly noticed meeting, the Committee
receives public comment, considers the eligibility of both new applications and projects on the existing priority list,
and adopts a new list of projects in tiered priority order that qualify for acquisition under the RFLPP. 88 The
Committee must give preference to ranch and timber lands that are managed using certain sustainable practices. 89
The priority list is then sent to the Board for approval. 90 The newly approved priority list supersedes any previous
RFLPP priority lists. 91
Before a parcel may be approved for acquisition by DACS, an appraisal must be conducted. 92 Where the estimated
value of a parcel exceeds $5 million, two appraisals must be conducted. If both appraisals of a parcel exceed $5
million and differ significantly, a third appraisal may be conducted. Fees associated with the appraisal process are
paid by DACS. 93 Appraisal reports are confidential and exempt from public records disclosure until an option
contract is executed, if applicable, or until two weeks before a contract or agreement for purchase is considered for
approval by the Board. 94 However, DACS may disclose an appraisal report to a private landowner during
negotiations for acquisition or to public agencies or nonprofit organizations that agree to maintain the
confidentiality of the report when a joint acquisition of property is contemplated.
Through the RFLPP, the state has acquired conservation easements for over 222,000 acres of working agricultural
land. 95 All perpetual easements acquired under the RFLPP must adhere to best management practices established
by DACS. 96
82 The Board consists of the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. S. 253.001,
F.S.
83 S. 570.71(1), F.S.
84 Id.
85 S. 570.71(10), F.S.
86 R. 5I-7.005, F.A.C
87 R. 5I-7.007(1), F.A.C.
88 R. 5I-7.007(4), F.A.C.
89 S. 570.71(10), F.S., R. 5I-7.007(2), F.A.C.
90 R. 5I-7.007(6), F.A.C.
91 R. 5I-7.007(10), F.A.C.
92 S, 570.715(1)(b)1., F.S.
93 S. 570.715(1)(b)2., F.S.
94 S. 570.715(5), F.S.
95 Dept. of Agriculure and Consumer Services, Rural and Family Lands Protection Program, (last visited Feb. 11, 2026).
96 R. 5I-7.014(3), F.A.C.
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Florida Wildlife Corridor
A wildlife corridor is a network of connected wildlife habitats the existence of which is necessary “for the long-
term survival of and genetic exchange amongst regional wildlife populations.” 97 Wildlife corridors prevent the
fragmentation of wildlife populations “by providing ecological connectivity of the lands needed to furnish adequate
habitats and allow safe movement and dispersal.” 98 In 2021, the Legislature created the Florida Wildlife Corridor
(Corridor) 99 to preserve and protect a “vital habitat for wide-ranging wildlife, such as the Florida panther.” 100 The
Corridor currently comprises almost 17.7 million acres of land, which include 9.6 million acres of conserved
land 101 and 8.1 million acres of opportunity areas 102 that do not have conservation status. 103
The Department of Environmental Protection is required to promote and encourage methods of investing in and
protecting the Corridor, including encouraging all agencies that acquire lands to include in their land-buying efforts
the acquisition of sufficient legal interest in opportunity areas to ensure the continued viability of the Corridor. 104
Because there is no land acquisition program specifically for acquiring lands that are located within the Corridor,
initiatives such as the Florida Forever Program and the Rural and Family Lands Protection Program are used to
acquire such lands.
New Urban Design
New urban design, also commonly referred to as new urbanism, is an urban design movement that focuses on
traditional neighborhood principles in community planning, such as mixed commercial and residential land uses,
close proximity between homes and work, and increased housing density. 105 The concept gained popularity during
the 1990s as a planning initiative designed to ameliorate the social and environmental consequences of sprawl, a
landscape increasingly recognized and denigrated as auto-dependent, wasteful, and unsustainable. Hallmarks of
new urban design include:
• Livable streets arranged in compact, mixed use, walkable blocks.
• Neighborhoods with a range of housing choices to serve people of diverse ages, ethnicities, and income
levels.
• Schools, stores, and other nearby destinations reachable by walking, bicycling, or transit service.
• An affirming, human-scaled public realm where appropriately designed buildings define and enliven
streets and other public spaces.
• Communities and regions that are sustainable and resilient. 106
Affordable Housing
Housing is considered affordable when it costs less than 30 percent of a family’s gross income. 107 A family paying
more than 30 percent of its income for housing is considered “cost burdened,” while those paying more than 50
97 S. 259.105(4)(g), F.S.
98 Id.
99 Ch. 2021-181, Laws of Fla.
100 S. 259.1055(2), F.S.
101 “Conserved lands” means federal, state, or local lands owned or managed for conservation purposes, including, but not
limited to, federal, state, and local parks; federal and state forests; wildlife management areas; wildlife refuges; military bases
and airports with conservation lands; properties owned by land trusts and managed for conservation; and privately owned
land with a conservation easement, including, but not limited to, ranches, forestry operations, and groves. S. 259.1005(4)(a),
F.S.
102 “Opportunity area” means those lands and waters within the Florida wildlife corridor that are not conserved lands and the
green spaces within the Florida wildlife corridor which lack conservation status, are contiguous to or between conserved
lands, and provide an opportunity to develop the Florida wildlife corridor into a statewide conservation network. S.
259.1005(4)(e), F.S.
103 Florida Wildlife Corridor Foundation, Maps (last visited Feb. 11, 2026).
104 S. 259.1005(5), F.S.
105 Matthew B. Anderson, New Urbanism, International Encyclopedia of Geography: People, the Earth, Environment and
Technology, pp. 1-3 (2017).
106 Congress for the New Urbanism, CNU invites applications for President and CEO (last visited Feb. 11, 2026).
107 S. 420.0004(3), F.S.
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percent are considered “extremely cost burdened.” Severely cost burdened households are more likely to sacrifice
other necessities such as healthy food and healthcare to pay for housing, and to experience unstable housing
situations such as eviction.
Affordable housing is defined in terms of household income. Resident eligibility for state and federally-funded
housing programs is governed by area median income (AMI) or statewide median family income, 108 published
annually by the United States Department of Housing and Urban Development (HUD). 109 The following are
standard household income level definitions and their relationship to the 2025 Florida statewide AMI of $95,300
for a family of four (as family size changes, the income range also varies):
• Extremely low income – earning up to 30 percent of AMI (at or below $28,590). 110
• Very low income – earning from 30.01 to 50 percent of AMI ($28,591 to $47,650). 111
• Low income – earning from 50.01 to 80 percent of AMI ($47,651 to $76,240). 112
• Moderate income – earning from 80.01 to 120 percent of AMI ($76,241 to $114,360). 113
Florida Hometown Hero Program
The Florida Hometown Hero Program is a homeownership assistance program administered by the Florida
Housing Finance Corporation (FHFC). 114 Under the program, eligible first-time homebuyers, servicemembers, or
veteran may access zero-interest loans to reduce the amount of the down payment and closing costs by a minimum
of $10,000 to a maximum of 5 percent or $35,000, whichever is less. 115 Loans must be repaid when the property is
sold, refinanced, rented, or transferred unless otherwise approved by FHFC. Repayments for loans made under this
program must be retained within the program to make additional loans. 116
Loans under the program are available to qualifying homebuyers seeking first mortgages whose family incomes do
not exceed 150 percent of the state or local AMI, whichever is greater, and are employed full-time by a Florida-
based employer. 117 The borrower must provide documentation of full-time employment, or full-time status for self-
employed individuals.
Administrative Hearings
The Administrative Procedure Act 118 provides a process for determining when an agency action affects a person’s
substantial interests. 119 The process differs depending on whether the hearing involves a disputed issue of material
fact. 120 If the dispute does not involve a disputed issue of material fact, the agency must:
• Give reasonable notice to all parties of the agency’s action or inaction, including a summary of factual, legal,
and policy grounds for making the decision.
• Give parties or their counsel the option to present the agency or hearing officer evidence in opposition to
the action or inaction or provide a written statement.
108 The 2025 Florida SMI for a family of four was $95,300. U.S. Dept. of Housing and Urban Development, FY 2025 Median
Family Incomes for States, Metropolitan and Nonmetropolitan Portions of States (last visited Feb. 11, 2026).
109 Id.
110 S. 420.0004(9), F.S.
111 S. 420.0004(17), F.S.
112 S. 420.0004(11), F.S.
113 S. 420.0004(12), F.S.
114 Ch. 2023-17, s. 35, Laws of Fla., codified as s. 420.5096, F.S.
115 S. 420.5096(2), F.S. New loans issued during the 2025-2026 fiscal year are limited to person employed full-time by a
Florida-based employer as a health care worker, school staff member, first responder, public safety or court employee, or child
care worker, servicemembers, and veterans who are employed full-time by a Florida-based employer. Ch. 2025-199, s. 107,
Laws of Fla., codified as s. 420.5096(6), F.S.
116 S. 420.5096(5), F.S.
117 S. 420.5096(3), F.S.
118 Ch. 120, F.S.
119 S. 120.569, F.S.
120 S. 120.569(1), F.S.
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• If the objections of the parties are overruled, provide a written explanation within seven days. 121
If a disputed issue of material fact does exist, the issue is assigned to an administrative law judge who conducts a
hearing in which all parties have an opportunity to respond, present evidence and argument on all issues involved,
conduct cross-examination and submit rebuttal evidence, submit proposed findings of facts and orders, and file
exceptions to the presiding officer's recommended order. 122 A hearing may only occur if the agency determines the
petition contains all required information. 123
Unless waived or extended with the consent of all parties, a final order in the proceeding must be rendered within
90 days:
• After the hearing is concluded, if conducted by the agency;
• After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted
by an administrative law judge; or
• After the agency has received the written and oral material it has authorized to be submitted, if there has
been no hearing. 124
The final order must be in writing and include findings of fact, if any, as well as the conclusions of law. 125
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 12 Y, 2 N, As CS 12/11/2025 Darden Darden
Subcommittee
THE CHANGES ADOPTED BY THE • Allows reserve area to used for conservation easements and
COMMITTEE: agreements as part of the Department of Agriculture and Consumer
Services’s Rural and Family Lands Protection Program.
• Revises affordable housing provisions to define affordability using the
same definition used for state affordable housing programs.
• Requires any easements or property granted by the applicant to a state
agency, local government, or water management district to be granted
without charge.
Commerce Committee Hamon Wright
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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121 S. 120.57(2)(a), F.S.
122 S. 120.57(1), F.S.
123 S. 120.569(2)(c)-(d), F.S.
124 S. 120.569(2)(l), F.S.
125 Id.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 299 2026
1 A bill to be entitled
2 An act relating to blue ribbon projects; creating s.
3 163.3249, F.S.; providing a purpose and legislative
4 intent; defining terms; requiring that a development
5 project meet certain requirements to qualify as a blue
6 ribbon project; specifying maximum residential density
7 and nonresidential intensity permitted within the
8 development area of a blue ribbon project; requiring
9 that a specified percentage of the project's
10 residential units meet certain requirements;
11 authorizing the development of the development area in
12 phases for a specified purpose; providing that
13 development rights and mitigation of project impacts
14 shall be vested for at least a certain period, which
15 may be extended under certain circumstances; requiring
16 that a blue ribbon project have a blue ribbon plan;
17 providing requirements for such plan; specifying that
18 a plan is not required to demonstrate certain need;
19 requiring that a project receive dollar-for-dollar
20 credits from a local government under certain
21 circumstances; specifying that certain easements or
22 property must be granted without charge; specifying
23 that a project may be located on land with any future
24 land use designation or zoning designation;
25 prohibiting the required amendment of a comprehensive
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26 plan or a required rezoning for approval of a project;
27 authorizing a landowner to apply to the local
28 government for approval of a project; requiring that a
29 project that meets certain requirements receive
30 administrative approval; limiting local government
31 review of a project; providing for the automatic
32 approval of a project under certain circumstances;
33 authorizing applicants to hire private companies to
34 conduct plan reviews and building inspections;
35 requiring an applicant to publish notice of an
36 approved project in a specified manner; requiring an
37 applicant to record the plan for an approved project
38 in the public records of the county in which the
39 project property is located; prohibiting an applicant
40 from amending a recorded plan without undergoing a
41 specified review; authorizing an applicant to appeal
42 the denial of a project application to the Department
43 of Commerce in a specified manner; authorizing a
44 person whose substantial interests are or may be
45 affected by approval of a project to file a petition
46 with the department requesting an administrative
47 hearing in a specified manner; providing requirements
48 for such petition; requiring the department to hold
49 certain hearings before issuing certain orders;
50 requiring the department to determine whether a
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51 project meets certain requirements and issue a final
52 order; providing applicability; providing an effective
53 date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 163.3249, Florida Statutes, is created
58 to read:
59 163.3249 Blue ribbon projects.—
60 (1) PURPOSE AND INTENT.—The purpose of this section is to
61 ensure the appropriate use of important state resources and
62 facilities. It is the intent of the Legislature to accomplish
63 this goal by incentivizing large landowners in this state to be
64 good stewards of the natural environment while at the same time
65 promoting a more sustainable pattern of development. The
66 Legislature intends to create blue ribbon projects, and to
67 provide a mechanism by which local governments shall implement
68 those projects within their boundaries, in order to promote the
69 goals of preserving natural areas, encouraging agricultural land
70 uses and rural land stewardship, protecting critical ecological
71 systems, expanding wildlife corridors, and providing more
72 compact mixed-use developments designed for long-term viability.
73 (2) DEFINITIONS.—As used in this section, the term:
74 (a) "Applicant" means the owner of land on which a blue
75 ribbon project is proposed.
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76 (b) "Blue ribbon plan" or "plan" means the plan required
77 by subsection (5).
78 (c) "Blue ribbon project" or "project" means a project
79 that meets the requirements of subsection (3).
80 (d) "Development area" means land that may be developed
81 with residential, commercial, industrial, or other uses.
82 (e) "Missing middle housing" means a range of for-sale and
83 for-rent housing types, including, but not limited to, duplexes,
84 triplexes, townhomes, small multifamily buildings, and small
85 detached single-family homes, that fill the gap between larger
86 single-family homes and larger apartment buildings. Such housing
87 may be vertically and horizontally integrated.
88 (f) "New urban design" means a development design that
89 creates walkable, mixed-use, human-centered places.
90 (g) "Reserve area" means land that is set aside for
91 environmental conservation, wildlife corridors, wetland and
92 wildlife mitigation, productive agriculture and silviculture,
93 conservation easements granted to the Department of Agriculture
94 and Consumer Services pursuant to s. 570.71, activities
95 permitted by conservation agreements entered into with the
96 Department of Agriculture and Consumer Services pursuant to s.
97 570.71, parks, recreational activities, utility sites,
98 reservoirs and lakes, and uses that support such activities.
99 (3) MINIMUM REQUIREMENTS.—A development project must meet
100 all of the following requirements to qualify as a blue ribbon
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101 project:
102 (a) The project must contain a minimum of 10,000 acres of
103 land which are contiguous, as defined in s. 163.3163(3)(a), and
104 which are owned by the same person or by entities owned or
105 controlled by the same person.
106 (b) At least 60 percent of the land contained in the
107 project must be reserve area. If any project boundary is
108 contiguous to state-owned environmental preservation land or the
109 Florida wildlife corridor, a portion of the project's reserve
110 area must be located adjacent to the state-owned land or the
111 Florida wildlife corridor, as applicable.
112 (c) Up to 40 percent of the land contained in the project
113 may be development area. The development area must meet all of
114 the following requirements:
115 1. Individual development areas within the project must be
116 designed to enhance walkability and mobility and must include a
117 mixture of land uses.
118 2. At least 10 percent of the development area must be
119 allocated to nonresidential land use.
120 3. A portion of the development area must be allocated to
121 uses intended to provide economic development and create high-
122 wage jobs. The development area so allocated must be in a
123 location that is accessible to an interstate interchange, a
124 state road, a rail line, or an airport or other transportation
125 facility.
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126 4. The development area must have a dense, walkable,
127 mixed-use, human-centered development pattern that includes new
128 urban design, including, but not limited to, towns, villages,
129 and hamlets that have reserve area between them.
130 5. Types of residential units within the development area
131 must be varied and include single-family, multifamily, and
132 attached and detached residential units.
133 (4) DEVELOPMENT AREA DENSITIES AND INTENSITIES.—
134 (a) A maximum residential density of 12 units per gross
135 acre, and a maximum nonresidential intensity of 85 percent
136 impervious surface ratio per gross acre, is permitted within the
137 development area, as measured in combination throughout all
138 phases of the project.
139 (b) At least 20 percent of residential units within the
140 development area in each phase of the project must be a
141 combination of the following:
142 1. Housing that is affordable, as defined in s. 420.0004,
143 for natural persons or families who meet the extremely-low-
144 income, very-low-income, or low-income limits specified in s.
145 420.0004.
146 2. Missing middle housing.
147 3. Housing that is affordable, as defined in s. 420.0004,
148 for persons eligible for the Florida Hometown Hero Program under
149 s. 420.5096.
150 (c) The development area may be developed in phases to
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151 accommodate growth projections in the geographical area in which
152 the project is located. Development rights and mitigation of
153 project impacts shall be vested for at least 50 years. If the
154 applicant achieves development as defined in s. 380.04 of at
155 least 50 percent of the development area within 50 years after
156 the project's date of initial public dedication of
157 infrastructure, the vested period must be extended for an
158 additional 25 years.
159 (5) BLUE RIBBON PLANS.—A blue ribbon project must have a
160 blue ribbon plan, which is the master development plan for the
161 project. Blue ribbon plans must include a document that
162 addresses the requirements of this section and exhibits,
163 including maps, illustrations, and text supported by data and
164 analysis, that demonstrate compliance therewith. The plan must
165 include all of the following:
166 (a) A long-term master development map that, at a minimum,
167 generally depicts the locations of reserve area and development
168 area throughout the project area.
169 (b) Identification and analysis of necessary water
170 supplies and available sources of water, including water
171 resource development and water supply development projects, and
172 water conservation measures required to meet the projected
173 demand from each phase of the project. Water and wastewater
174 facilities must be provided in compliance with s. 163.3180. Such
175 facilities may be provided by the applicant, a special district,
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176 a local government, or the state. Local governments are
177 encouraged to enter into public-private partnerships to
178 accomplish water storage and other water quality and capacity
179 improvements within the boundaries of blue ribbon projects
180 pursuant to s. 373.4591.
181 (c) Identification and analysis of the transportation
182 facilities and future transportation corridors necessary to
183 serve development area land uses in the master development plan,
184 including guidelines to be used to establish each modal
185 component intended to optimize mobility. Transportation
186 facilities must be provided in compliance with s. 163.3180. Such
187 facilities may be provided by the applicant, a special district,
188 a local government, or the state. Internal roads must be
189 designed in accordance with the Department of Transportation's
190 traditional neighborhood development guidelines provided in
191 chapter 19 of the Manual of Uniform Minimum Standards for
192 Design, Construction and Maintenance for Streets and Highways,
193 2023 Edition.
194 (d) Identification of other regionally significant public
195 facilities necessary to support the project's permitted density
196 as provided in paragraph (4)(a) for each phase of the project,
197 which facilities must include utilities, parks, and schools, and
198 policies providing the procedures to mitigate the impacts of the
199 project's permitted density on public facilities. Public
200 facilities must be provided in compliance with s. 163.3180. Such
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201 facilities may be provided by the applicant, a special district,
202 a local government, or the state. Local governments are
203 encouraged to enter into public-private partnerships pursuant to
204 s. 255.065 to provide qualifying public facilities within the
205 boundaries of blue ribbon projects.
206 (e) Identification of regionally significant natural
207 resources within the reserve area based on the best available
208 data and policies, and provision of mechanisms to ensure the
209 perpetual protection or conservation of specific resources,
210 consistent with the overall conservation and development
211 strategy for the project area.
212 (f) General principles and guidelines that do all of the
213 following:
214 1. Address the land uses within the development area and
215 reserve area, and the interrelationships between such areas.
216 2. Address the protection and, as appropriate, restoration
217 and management of reserve areas identified in the recorded blue
218 ribbon plan for permanent conservation and public use, which
219 must be phased in coordination with the phased development
220 within the development area as specified in the master
221 development plan.
222 3. Achieve a cleaner, healthier environment.
223 4. Limit urban sprawl.
224 5. Provide a range of housing types.
225 6. Protect wildlife and natural areas.
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226 7. Advance the efficient use of land and other resources.
227 8. Create quality communities of a design that reduces and
228 captures vehicle trips and promotes mobility options.
229 9. Enhance the prospects for state and local economic
230 development objectives and high-wage job creation.
231 (g) Development standards for each type of land use
232 proposed within the development area which is typically found in
233 a planned unit development as defined in s. 163.3202(5)(b).
234
235 A blue ribbon plan must be based on a planning period longer
236 than the generally applicable planning period of the local
237 comprehensive plan and must specify the projected population
238 within the planning area during the chosen planning period. A
239 plan is not required to demonstrate need based on projected
240 population growth or any other basis. If under the plan a
241 project contributes land or funds or otherwise causes the
242 construction of public facilities pursuant to s. 163.3180, the
243 project must receive dollar-for-dollar credits against impact,
244 mobility, proportionate share, or other fee credits from the
245 local government for such facility improvements as required by
246 s. 163.3180. A blue ribbon plan must provide that any easement
247 granted to the Department of Agriculture and Consumer Services
248 pursuant to s. 570.71 for portions of the reserve area that will
249 be reserved for uses consistent with that section must be
250 granted without charge. The granting of the easement shall occur
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251 upon agreement between the Department of Agriculture and
252 Consumer Services and the landowner regarding allowable uses of
253 the easement interest. If an easement or property is granted to
254 any other state agency, water management district, or local
255 government, the easement or property shall be granted without
256 charge.
257 (6) LOCAL GOVERNMENT ADMINISTRATIVE REVIEW OF BLUE RIBBON
258 PLANS.—
259 (a) A blue ribbon project may be located on land with any
260 future land use designation provided in the applicable local
261 government's comprehensive plan and with any zoning designation
262 listed in the applicable local government's land development
263 regulations. A comprehensive plan amendment or rezoning may not
264 be required for approval of a project.
265 (b) A landowner may apply to the local government for
266 approval of a blue ribbon project. A project that meets the
267 requirements of this section must be administratively approved
268 without further action by the local government or any quasi-
269 judicial or administrative reviewing body. Local government
270 review of a project is limited to review for compliance with
271 this section. If the local government fails to provide written
272 comments on a project application within 60 days after receipt
273 of the application, or within 30 days after the applicant files
274 amended application documents that are responsive to initial
275 local government review, the application is automatically
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276 approved. At any point after the local government's initial 60-
277 day review period, the applicant may request a final
278 determination by the local government, and the local government
279 must provide the determination within 7 days after receipt of
280 such request. If the local government fails to provide the
281 determination within the 7-day period, the application is
282 automatically approved.
283 (c) Applicants may hire private companies to conduct plan
284 reviews and building inspections pursuant to s. 553.791.
285 (d) If a blue ribbon project is approved, the applicant
286 must publish notice of such approval in a newspaper of general
287 circulation in the area in which the land is located. The notice
288 must include the local government order number, if any; the
289 section, township, and range in which the land is located; and a
290 description of the project. The notice must be published within
291 14 days after the approval is issued.
292 (e) After a blue ribbon project has been reviewed and
293 approved, the applicant must record the blue ribbon plan in the
294 public records of the county in which the project property is
295 located, and the plan shall run with title to the land. The
296 applicant may not amend the recorded plan without undergoing
297 local government review of the plan amendment in accordance with
298 paragraph (b). Local government review of a plan amendment is
299 limited to the portions of the plan which are being revised.
300 (7) APPEAL PROCEDURE.—
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301 (a) If a local government denies an application for a blue
302 ribbon project, the applicant may appeal the decision by filing
303 a written petition with the Department of Commerce within 21
304 days after the date on which the applicant receives the local
305 government's written notice of application denial. The applicant
306 shall provide a copy of the notice of appeal to the local
307 government.
308 (b) Any person whose substantial interests are or may be
309 affected by the local government's approval of a blue ribbon
310 project may request an administrative hearing by filing a
311 written petition with the Department of Commerce pursuant to ss.
312 120.569 and 120.57. The petition must be filed with the
313 Department of Commerce within 21 days after newspaper
314 publication of the notice of the local government decision in
315 accordance with paragraph (6)(d). The petition must clearly
316 state the reasons for the petition and describe how the project
317 will adversely affect the person more substantially than the
318 general population of the geographical area in which the project
319 is located. A copy of the petition must also be provided to the
320 local government. If a petition is timely filed pursuant to this
321 subsection, the applicant may intervene as a party to the
322 hearing.
323 (c) Before issuing an order on an appeal or petition under
324 this subsection, the Department of Commerce must hold a hearing
325 in accordance with chapter 120.
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326 (d) The Department of Commerce shall determine whether the
327 blue ribbon project meets the requirements of this section and
328 issue a final order granting or denying the application. The
329 department may attach conditions and restrictions to the order.
330 (e) Section 120.595 applies to proceedings brought by a
331 person whose substantial interests are or may be affected by the
332 local government's approval of a blue ribbon project under this
333 section.
334 Section 2. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
CS/HB 299 by Rep. Melo
Blue Ribbon Projects
AMENDMENT SUMMARY
February 18, 2026
Amendment #046131 by Rep. Melo (Strike-all):
• Allows reserve areas to contain lakes, passive recreation, and uses of public benefit.
“Uses of public benefit” means uses including parks, active recreation, stormwater
management facilities, flood control facilities, utility facilities, and reservoirs.
• Prohibits reserve areas from containing golf courses, data centers, or solar farms.
• Prohibits land contained in a conservation easement before July 1, 2026, from qualifying
as reserve area for the purposes of meeting the 60 percent threshold requirement.
• Requires at least 70 percent of the reserve area to be contiguous.
• Prohibits uses of public benefit from exceeding 15 percent of the reserve area.
• Requires the local government’s staff to review an application for a Blue Ribbon Project
(BRP) in the same manner as it reviews applications for rezonings.
• Requires a BRP to have two public hearings, the first at the local government’s land
planning agency and the second at the local government’s council or commission,
noticed by the local government in the same way as applications for rezonings.
• Provides that an approved BRP acts as a site-specific text amendment to the local
government’s comprehensive plan and as an overlay district that adheres to the
comprehensive plan’s future land use map.
o The text amendment governs the use of the property in lieu of applicable
comprehensive plan future land use requirements and applicable land
development regulations.
• Allows a BRP plan to depict conceptual locations of and plans for certain required BRP
elements, including locations of reserve area and development area, major planned
transportation corridors, civic and school sites, and utility sites; and plans for land uses
in the reserve and development areas, water supply and wastewater, transportation and
mobility, parks and recreation, and resource protection.
• Removes the authorization for an applicant to appeal the denial of a BRP to the
Department of Commerce, and instead allows an applicant to appeal such denial by
filing a de novo action for declaratory, injunctive, or other relief requiring the local
government to approve the application if the applicant demonstrates through competent
and substantial evidence that its application is compliant with the bill.
• Allows a local government’s approval of a BRP to be appealed in the same manner as a
challenge to a comprehensive plan or plan amendment.
• Requires a BRP to comply with applicable provisions of Ch. 373, F.S., related to water
resources, and Ch. 403, F.S., related to environmental control.
• Provides that the protection of regionally significant natural resources within the reserve
area is determined to be a net ecosystem benefit.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 299 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Melo offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 163.3249, Florida Statutes, is created
7 to read:
8 163.3249 Blue ribbon projects.—
9 (1) PURPOSE AND INTENT.—The purpose of this section is to
10 balance the protection of important state resources such as the
11 natural environment and existing agricultural and silvicultural
12 uses with the need to provide longer-term, well-planned
13 communities and job opportunities for the state’s future. It is
14 the intent of the Legislature to accomplish this goal by
15 incentivizing large landowners in this state to be good stewards
16 of the natural environment and existing agricultural and
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Amendment No.
17 silvicultural land while at the same time promoting a more
18 sustainable pattern of development. The Legislature intends to
19 create blue ribbon projects, and to provide a mechanism by which
20 local governments shall implement those projects within their
21 boundaries, in order to promote the goals of preserving natural
22 areas, encouraging agricultural land uses and rural land
23 stewardship, protecting critical ecological systems, expanding
24 wildlife corridors, and providing more compact mixed-use
25 developments designed for long-term viability.
26 (2) DEFINITIONS.—As used in this section, the term:
27 (a) "Applicant" means the owner of land on which a blue
28 ribbon project is proposed.
29 (b) "Blue ribbon plan" or "plan" means the plan required
30 by subsection (5).
31 (c) "Blue ribbon project" or "project" means a project
32 that meets the requirements of this section.
33 (d) "Blue ribbon project overlay" means an overlay
34 district approved by a local government in its comprehensive
35 plan that must adhere to the requirements of the adopted blue
36 ribbon plan.
37 (e) "Development area" means land that may be utilized for
38 residential, commercial, industrial, office, civic, and
39 institutional purposes and complies with the requirements of
40 paragraph (3)(c) and subsection (4).
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Amendment No.
41 (f) "Missing middle housing" means a range of for-sale and
42 for-rent housing types, including, but not limited to, duplexes,
43 triplexes, townhomes, small multifamily buildings, and small
44 detached single-family homes, that fill the gap between larger
45 single-family homes and larger apartment buildings. Such housing
46 may be vertically and horizontally integrated.
47 (g) "New urban design" means a development design that
48 creates walkable, mixed-use places.
49 (h) "Reserve area" means land that is set aside for
50 environmental conservation, wildlife corridors, wetland and
51 wildlife mitigation, lakes, passive recreation, productive
52 agriculture and silviculture, conservation agreements granted to
53 the Department of Agriculture and Consumer Services pursuant to
54 s. 570.71, activities permitted by conservation easements
55 entered into with the Department of Agriculture and Consumer
56 Services pursuant to s. 570.71, and uses of public benefit, and
57 complies with the requirements of paragraph (3)(b). Reserve
58 areas cannot contain golf courses, data centers, or solar farms.
59 (i) "Uses of public benefit" means uses including parks,
60 active recreation, stormwater management facilities, flood
61 control facilities, utility facilities, and reservoirs.
62 (3) MINIMUM REQUIREMENTS.—A property must meet all of the
63 following requirements to qualify as a blue ribbon project:
64 (a) The property must contain a minimum of 10,000 acres of
65 land which are contiguous, as defined in s. 163.3163(3)(a),
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Amendment No.
66 which are owned by the same person or by entities owned or
67 controlled by the same person, and a majority of which are not
68 located within a municipality.
69 (b) At least 60 percent of the land contained in the
70 project must be reserve area. Land contained in a conservation
71 easement before July 1, 2026, does not qualify as reserve area
72 for the purposes of meeting the 60 percent threshold. The
73 reserve area must meet all of the following requirements:
74 1. If any property boundary is contiguous to state-owned
75 environmental land or the Florida wildlife corridor, a portion
76 of the project’s reserve area must be located adjacent to a
77 portion of the state-owned land or the Florida wildlife
78 corridor, as applicable.
79 2. A minimum of 70 percent of the reserve area must be
80 contiguous, as defined in s. 163.3163(3)(a).
81 3. Uses of public benefit cannot exceed 15 percent of the
82 reserve area.
83 (c) Up to 40 percent of the land contained in the project
84 may be development area. The development area must meet all of
85 the following requirements:
86 1. Individual development areas within the project must be
87 designed to enhance walkability and mobility and must include a
88 mixture of land uses.
89 2. At least 10 percent of the development area must be
90 allocated to nonresidential land use.
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91 3. A portion of the development area must be allocated to
92 uses intended to provide economic development within the area
93 where the property is located. The development area so allocated
94 must be in a location that is accessible to an interstate
95 interchange, a state road, an active rail line, or an airport or
96 other transportation facility.
97 4. The development area must have a dense, walkable,
98 mixed-use development pattern that includes new urban design.
99 5. Types of residential units within the development area
100 must be varied and include single-family, multifamily, and
101 attached and detached residential units.
102 (4) DEVELOPMENT AREA DENSITIES AND INTENSITIES.—
103 (a) A maximum residential density of 12 units per gross
104 acre, and a maximum nonresidential intensity of 85 percent
105 impervious surface ratio per gross acre, are permitted within
106 the development area, as measured in combination throughout all
107 phases of the project. A building that contains residential
108 units and nonresidential uses shall be considered residential.
109 (b) At least 20 percent of residential units within the
110 development area in each phase of the project must be a
111 combination of the following:
112 1. Housing that is affordable, as defined in s. 420.0004,
113 for natural persons or families who meet the extremely-low-
114 income, very-low-income, or low-income limits specified in s.
115 420.0004.
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Amendment No.
116 2. Missing middle housing.
117 3. Housing that is affordable, as defined in s. 420.0004,
118 for persons eligible for the Florida Hometown Hero Program under
119 s. 420.5096.
120 (c) The development area must be developed in phases.
121 Development rights and mitigation of project impacts shall be
122 vested for 50 years. If the applicant achieves development as
123 defined in s. 380.04 of at least 50 percent of the development
124 area within 50 years after the project's date of initial public
125 dedication of infrastructure, the vested period must be extended
126 for an additional 25 years.
127 (5) BLUE RIBBON PLANS.—A blue ribbon project must have a
128 blue ribbon plan, which is the conceptual master plan for the
129 project. A blue ribbon plan must comply with the requirements of
130 subsections (3) and (4). Blue ribbon plans also must contain the
131 following documents:
132 (a) A long-term master development map that, at a minimum,
133 depicts the conceptual locations of:
134 1. Reserve area and development area throughout the
135 property;
136 2. Major planned transportation corridors, including
137 roads, multipurpose trails, and transit;
138 3. Proposed civic and school sites; and
139 4. Proposed utility sites.
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Amendment No.
140 (b) A conceptual phasing plan depicting land uses within
141 reserve areas and development areas, densities and intensities
142 of development within development areas, public facility
143 mitigation for such development within each phase, and
144 approximate acreage of reserve area in each phase.
145 (c) A conceptual water supply plan and a conceptual
146 wastewater plan to show the project’s compliance with s.
147 163.3180. The plans can allow water and wastewater supplies to
148 be provided in phases.
149 (d) A conceptual transportation and mobility plan to show
150 the project’s compliance with s. 163.3180. The plans can allow
151 transportation facilities to be provided in phases.
152 (e) A conceptual parks and recreation plan to show the
153 project’s compliance with s. 163.3180. The plans can allow parks
154 and recreational facilities to be provided in phases.
155 (f) A conceptual resource protection plan to show the
156 conservation of and, as appropriate, restoration and management
157 of, regionally significant natural resources within the reserve
158 area. The protection of regionally significant natural resources
159 within the reserve area is determined to be a net ecosystem
160 benefit.
161 (g) Development standards for each type of land use
162 proposed within the development area which is typically found in
163 a planned unit development as defined in s. 163.3202(5)(b).
164
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Amendment No.
165 A blue ribbon plan must be based on a planning period longer
166 than the generally applicable planning period of the local
167 comprehensive plan and must specify the projected population
168 within the planning area during the chosen planning period. A
169 plan is not required to demonstrate need based on projected
170 population growth or any other basis. If under the plan a
171 project contributes land or funds or otherwise causes the
172 construction of public facilities pursuant to s. 163.3180, the
173 project must receive dollar-for-dollar credits against impact,
174 mobility, proportionate share, or other fee credits from the
175 local government for such facility improvements as required by
176 s. 163.3180. All park and recreational uses in the parks and
177 recreation plan required by paragraph (e) shall comply with the
178 achieved level of service based on the latest local government
179 impact fee study in place at the time of enactment of this
180 section.
181
182 A blue ribbon plan must provide that any easement granted to the
183 Department of Agriculture and Consumer Services pursuant to s.
184 570.71 for portions of the reserve area that will be reserved
185 for uses consistent with that section must be granted without
186 charge. The granting of the easement shall occur upon agreement
187 between the Department of Agriculture and Consumer Services and
188 the landowner regarding allowable uses of the easement interest.
189 If an easement or property is granted to any other state agency,
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Amendment No.
190 water management district, or local government, the easement or
191 property shall be granted without charge.
192 (6) LOCAL GOVERNMENT REVIEW OF BLUE RIBBON PLANS.—
193 (a) A landowner must apply to the local government for
194 approval of a blue ribbon plan. A plan that meets the
195 requirements of this section must be approved by the local
196 governing body during a public hearing. The local governing
197 body’s review of a plan is limited to review for compliance with
198 this section. The local government’s staff must review an
199 application for a blue ribbon plan in the same manner as it
200 reviews applications for rezonings. At any time during the local
201 government staff’s review of the blue ribbon plan, the landowner
202 shall have the right to request that the application be placed
203 on the soonest-available agenda of the local governing body for
204 a public hearing. The local government must conduct two public
205 hearings related to a blue ribbon plan application, the first at
206 local government’s land planning agency and the second at the
207 local government’s commission or council, at which time a
208 decision on the application will be made by the commission or
209 council.
210 (b) The local government shall provide public notice of
211 the public hearings on the blue ribbon plan application in the
212 same manner as it provides notice for rezoning applications.
213 (c) Within 30 days of final approval of a blue ribbon
214 plan, a local government shall adopt the blue ribbon plan as a
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215 site-specific text amendment to its comprehensive plan and the
216 blue ribbon plan overlay shall be depicted on the comprehensive
217 plan future land use map. The text amendment shall govern use of
218 the property in lieu of applicable comprehensive plan future
219 land use requirements and applicable land development
220 regulations. The blue ribbon plan shall serve as the governing
221 document for the blue ribbon project overlay.
222 (d) A blue ribbon project may be located on land with any
223 future land use designation provided in the applicable local
224 government’s comprehensive plan and with any zoning designation
225 listed in the applicable local government’s land development
226 regulations.
227 (e) After a blue ribbon plan has been approved, the local
228 government must record the blue ribbon plan in the public
229 records of the county in which the property is located, and the
230 plan shall run with title to the land. The applicant may not
231 amend the recorded plan without undergoing review of the plan
232 amendment in accordance with paragraph (a). Review of a plan
233 amendment is limited to the portions of the plan which are being
234 revised.
235 (f) Applicants may hire private companies to conduct plan
236 reviews and building inspections pursuant to s. 553.791.
237 (7) APPEAL PROCEDURE.—
238 (a) The applicant may appeal the local government’s denial
239 of an application for a blue ribbon project by filing a de novo
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 299 (2026)
Amendment No.
240 action for declaratory, injunctive, or other relief requiring
241 the local government to approve the application if the applicant
242 demonstrates through competent and substantial evidence that its
243 application is compliant with this section. The local government
244 has the burden of proving by a preponderance of the evidence
245 that the application is not in compliance with this section. The
246 court shall not use a deferential standard for the benefit of
247 the government. Before initiating such an action, the applicant
248 may use the dispute resolution procedures under s. 70.45.
249 (b) A local government’s approval of a blue ribbon plan
250 may be appealed in the same manner as provided in s.
251 163.3184(5).
252 (8) ENVIRONMENTAL REVIEW.—A blue ribbon project must
253 comply with applicable provisions of chapters 373 and 403.
254 Section 2. This act shall take effect July 1, 2026.
255
256
257 -----------------------------------------------------
258 T I T L E A M E N D M E N T
259 Remove everything before the enacting clause and insert:
260 An act relating to blue ribbon projects; creating s.
261 163.3249, F.S.; providing a purpose and legislative
262 intent; defining terms; requiring that a development
263 project meet certain requirements to qualify as a blue
264 ribbon project; specifying maximum residential density
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 299 (2026)
Amendment No.
265 and nonresidential intensity permitted within the
266 development area of a blue ribbon project; requiring
267 that a specified percentage of the project's
268 residential units meet certain requirements; requiring
269 the development of the development area in phases for
270 a specified purpose; providing that development rights
271 and mitigation of project impacts shall be vested for
272 at least a certain period, which may be extended under
273 certain circumstances; requiring that a blue ribbon
274 project have a blue ribbon plan; providing
275 requirements for such plan; specifying that a plan is
276 not required to demonstrate certain need; requiring
277 that a project receive dollar-for-dollar credits from
278 a local government under certain circumstances;
279 specifying that certain easements or property must be
280 granted without charge; specifying that a project may
281 be located on land with any future land use
282 designation or zoning designation; prohibiting the
283 required amendment of a comprehensive plan or a
284 required rezoning for approval of a project;
285 authorizing a landowner to apply to the local
286 government for approval of a project; requiring that a
287 project that meets certain requirements receive
288 administrative approval; limiting local government
289 review of a project; authorizing applicants to hire
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 299 (2026)
Amendment No.
290 private companies to conduct plan reviews and building
291 inspections; requiring an applicant to publish notice
292 of an approved project in a specified manner;
293 requiring an applicant to record the plan for an
294 approved project in the public records of the county
295 in which the project property is located; prohibiting
296 an applicant from amending a recorded plan without
297 undergoing a specified review; providing appeal
298 procedures; providing requirements for environmental
299 review; providing an effective date.
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HB 431
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 431 COMPANION BILL: SB 322 (McClain)
TITLE: Air-conditioning and Mechanical Contractors LINKED BILLS: None
SPONSOR(S): Albert RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
13 Y, 2 N
SUMMARY
Effect of the Bill:
The bill revises the definitions of “class A air-conditioning contractor” and “mechanical contractor” to include
additional services that they may perform. The services include repair or replacement of existing package pool
heaters.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on air-conditioning contractors and mechanical
contractors.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for Class A air-conditioning contractors and Mechanical contractors to include
repairing and replacing existing package pool heaters. (Section 1)
The replacement of an existing package pool heater must use the same make and model as the existing pool heater.
The replacement must maintain the flow rate, connection points, and heater specifications without making any
modifications to the existing pool piping or system components. The repair and replacement of an existing package
pool heater does not include:
• alterations to the pool's hydraulic system;
• the addition of bypass valves;
• installation of new plumbing;
• rerouting of pipes;
• changes to the pool’s circulation system; or
• any other modifications beyond what is necessary to disconnect and reconnect the unit to the existing
piping. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Class A air-conditioning and Mechanical contractors
Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor
STORAGE NAME: h0431c.COM
DATE: 2/16/2026
1
HB 431
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S. 1
Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within Department of Business and Professional Regulation. The CILB is responsible for licensing
statewide construction contractors and regulating the construction industry in Florida under part I of Ch. 489, F.S. 2
Currently, there are four types of Heating, Ventilation, and Air-Conditioning (HVAC) contractors: 3
• Class A air-conditioning contractor.
• Class B air-conditioning contractor.
• Class C air-conditioning contractor.
• Mechanical contractors
The scope of work for “Class A air-conditioning contractors” specifically includes services that are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter,
extend, or design central air-conditioning, heating, and ventilation systems and to perform other related tasks
including replacing, disconnecting, or reconnecting electrical wiring up to an electrical panel and replacing
disconnecting, and replacing breakers or fuses dedicated to HVAC circuits. 4
The scope of work for “Mechanical contractors” specifically includes services that are unlimited in the execution of
contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or
design HVAC systems and to perform other tasks, including replacing, disconnecting, or reconnecting electrical
wiring up to an electrical panel and replacing disconnecting, and replacing breakers or fuses dedicated to HVAC
circuits. 5
HVAC contractors are not allowed to install or remove pool water heaters, pool equipment, pool piping, or
construct pool/spa equipment rooms. However, they are authorized to service and repair pool heaters as long as
such service or repair does not include installing or removing the pool heater. 6
Pool Circulation System
A pool’s circulation or hydraulic system are the elements of a pool that take water from the pool, filter it, heat it,
and return it back into the pool. These elements include: 7
• Water Outlets – these include any pool opening, such as skimmers, drains, and vacuum ports, where water
is taken out of the pool and into the circulation system.
1 S. 489.105(3), F.S.
2 S. 489.107, F.S.
3 S. 489.105(3), F.S.
4 S. 489.105(3)(f), F.S.
5 S. 489.105(3)(i), F.S.
6 Construction Industry Licensing Board, Declaratory Statements 2012-024, 2014-006; 2014-060;
7 Capitol Pools. Understanding the Pool Circulation System, https://www.capitolpool.com/service/operating-
poolcirculation#:~:text=Your%20pool%E2%80%99s%20circulation%20system%20is%20the%20elements%20of,and%20w
hat%20you%20need%20to%20do%20with%20them (last visited December 2, 2025); R&R Pools, What Causes Poor Pool
Circulation https://www.rrpools.ca/blog/causes-poor-pool-circulation/ (last visited December 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 431
• Circulation Pump – the pump is responsible for pulling water out of the pool, through the circulation
system, and back into the pool.
• Filter – cleans the water by removing dirt, debris, and bacteria from the pool water. Water is directed
through the filter via a valve.
• Heater – heats the pool water and may include bypass valves 8, which allow water to bypass the heater.
• Returns – these are openings in the pool where water flows back into the pool from the circulation system.
A pool’s flow rate is the speed at which the water travels through the circulation system, and the turnover time is
the time it takes for the volume of water in the pool to make one pass through the circulation system. 9
Pool Heaters
Generally, the pool’s circulation system pulls water from the pool and into the pool heater, which warms the water
via a heat exchange, and then circulates the heated water back into the pool. There are three main types of pool
heaters: 10
Electric heat pumps
Electric heat pumps use electricity to pull in outside air to heat the water. The heater has a fan that draws in the
surrounding warm air. The air is directed to an evaporator coil containing freon, which pulls the heat from the
outside air and turns the freon into a gas. The warm gas moves through a compressor, which further increases the
temperature, and then moves through the condenser coil, which absorbs the heat and warms the water. As the hot
8 Swimmingpoolsteve, What is a Pool Heater Bypass?
https://www.swimmingpoolsteve.com/pages/bypass1.html#:~:text=An%20external%20bypass%20is%20a%20configuratio
n%20of%20pool,your%20breakpoint%20chlorination%20to%20remove%20spent%20chlorine%20%28c (last visited
December 2, 2025).
9 Stockwell Safety, Flow Rate and Turnover, https://www.stockwellassociates.co.uk/tutorial-flow-rate-and-
turnover.php#:~:text=Flow%20rate%20refers%20to%20the,litres%20per%20minute%20(LPM) (last visited December 2,
2025).
10 Scott Keller, How Does a Pool Heater Work: A Comprehensive Guide to Pool Heating Options and Efficiency, Love Gunite
Pool, (September 18, 2024) https://lovegunitepool.com/how-does-a-pool-heater-work/ (last visited December 2, 2025);
Hank Cooper, How Gas Pool Heaters Work? Unveiling the Science behind Your Warm Swim (July 26, 2024)
https://pooltipsusa.com/how-gas-pool-heaters-work-unveiling-the-science-behind-your-warm-swim/ (last visited December
2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 431
gas moves through the condenser coil, it turns back into a liquid, and returns to the evaporator coil, and the
process begins again as diagrammed below: 11
1) Condenser, 2) Compressor, 3) Evaporation Coil, 4) Fan, 5) Cool Air 6) Warm Air
Gas pool heaters
Gas pool heaters work by burning natural gas or propane inside a combustion chamber. There are copper coils in
the heater, which heat up from the burning gas. Water is pulled into the heated copper coils by the circulation
pump, which then pulls the heated water back into the pool as diagrammed below: 12
1) Heated Copper Coils 2) Burner 3) Fan 4) Cold Pool Water Entry 5) Heated Water Exit
11 Jessica Carter, Do pool heat pumps use a lot of electricity? Eclipse Pool Heating (August 9, 2022)
https://eclipsepoolheating.com.au/2022/08/09/do-pool-heat-pumps-use-a-lot-of-electricity/ (last visited December 2,
2025); Michael Dean, How Does a Pool Heater Work? Pool Research (August 13, 2024) https://poolresearch.com/how-heaters-
work/ (last visited December 2, 2025)
12 Michael Dean, supra note 8.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 431
Solar pool heaters
Solar pool heaters work by using a solar collector, which warms the water with solar power. The circulation pump
pulls the water into the solar collector, which is then pulled back into the pool as diagrammed below: 13
0
CJ
Solar heated
/waler
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 13 Y, 2 N Anstead Miralia
Subcommittee
Commerce Committee Hamon Miralia
13 Performance Solar, How Solar Pool Heating Works, https://performancesolar.com/solar-pool-heating/ (last visited
December 2, 2025); David Stillwell, How does a solar pool heater work? (September 6, 2023) Consumer Affairs
https://www.consumeraffairs.com/solar-energy/how-does-a-solar-pool-heater-work.html (last visited December 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 431 2026
1 A bill to be entitled
2 An act relating to air-conditioning and mechanical
3 contractors; amending s. 489.105, F.S.; revising the
4 definitions of the terms "class A air-conditioning
5 contractor" and "mechanical contractor" to include
6 additional services that such contractors may perform;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraphs (f) and (i) of subsection (3) of
12 section 489.105, Florida Statutes, are amended to read:
13 489.105 Definitions.—As used in this part:
14 (3) "Contractor" means the person who is qualified for,
15 and is only responsible for, the project contracted for and
16 means, except as exempted in this part, the person who, for
17 compensation, undertakes to, submits a bid to, or does himself
18 or herself or by others construct, repair, alter, remodel, add
19 to, demolish, subtract from, or improve any building or
20 structure, including related improvements to real estate, for
21 others or for resale to others; and whose job scope is
22 substantially similar to the job scope described in one of the
23 paragraphs of this subsection. For the purposes of regulation
24 under this part, the term "demolish" applies only to demolition
25 of steel tanks more than 50 feet in height; towers more than 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 431 2026
26 feet in height; other structures more than 50 feet in height;
27 and all buildings or residences. Contractors are subdivided into
28 two divisions, Division I, consisting of those contractors
29 defined in paragraphs (a)-(c), and Division II, consisting of
30 those contractors defined in paragraphs (d)-(q):
31 (f) "Class A air-conditioning contractor" means a
32 contractor whose services are unlimited in the execution of
33 contracts requiring the experience, knowledge, and skill to:
34 1. Install, maintain, repair, fabricate, alter, extend, or
35 design, if not prohibited by law, central air-conditioning,
36 refrigeration, heating, and ventilating systems, including duct
37 work in connection with a complete system if such duct work is
38 performed by the contractor as necessary to complete an air-
39 distribution system, boiler and unfired pressure vessel systems,
40 and all appurtenances, apparatus, or equipment used in
41 connection therewith, and any duct cleaning and equipment
42 sanitizing that requires at least a partial disassembling of the
43 system.; to
44 2. Install, maintain, repair, fabricate, alter, extend, or
45 design, if not prohibited by law, piping, insulation of pipes,
46 vessels and ducts, pressure and process piping, and pneumatic
47 control piping.; to
48 3. Replace, disconnect, or reconnect power wiring on the
49 line or load side of the dedicated existing electrical
50 disconnect switch on single phase electrical systems.; to
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HB 431 2026
51 4. Repair or replace power wiring, disconnects, breakers,
52 or fuses for dedicated HVAC circuits with proper use of a
53 circuit breaker lock.; to
54 5. Install, disconnect, and reconnect low voltage heating,
55 ventilating, and air-conditioning control wiring.; and to
56 6. Install a condensate drain from an air-conditioning
57 unit to an existing safe waste or other approved disposal other
58 than a direct connection to a sanitary system.
59 7. Replace and repair existing package pool heaters and
60 connect replacement package pool heaters to existing pool
61 piping. The replacement of an existing package pool heater must
62 use the same make and model as the existing package pool heater.
63 This includes maintaining the flow rate, connection points, and
64 heater specifications without modifications to existing pool
65 piping or system components. The replacement or repair of an
66 existing package pool heater does not include alterations to the
67 pool's hydraulic system, the addition of bypass valves, the
68 installation of new plumbing, the rerouting of pipes, any
69 changes to the pool's circulation system, or any other
70 modifications beyond what is necessary to disconnect and
71 reconnect the unit to the existing piping.
72 8. Perform The scope of work for such contractor also
73 includes any excavation work incidental to work performed in
74 subparagraphs 1.-7., but not thereto, but does not include any
75 work such as liquefied petroleum or natural gas fuel lines
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HB 431 2026
76 within buildings, except for disconnecting or reconnecting
77 changeouts of liquefied petroleum or natural gas appliances
78 within buildings; potable water lines or connections thereto;
79 sanitary sewer lines; swimming pool piping and filters; or
80 electrical power wiring.
81 9. A Class A air-conditioning contractor may Test and
82 evaluate central air-conditioning, refrigeration, heating, and
83 ventilating systems, including duct work; however, a mandatory
84 licensing requirement is not established for the performance of
85 these specific services.
86 (i) "Mechanical contractor" means a contractor whose
87 services are unlimited in the execution of contracts requiring
88 the experience, knowledge, and skill to:
89 1. Install, maintain, repair, fabricate, alter, extend, or
90 design, if not prohibited by law, central air-conditioning,
91 refrigeration, heating, and ventilating systems, including duct
92 work in connection with a complete system if such duct work is
93 performed by the contractor as necessary to complete an air-
94 distribution system, boiler and unfired pressure vessel systems,
95 lift station equipment and piping, and all appurtenances,
96 apparatus, or equipment used in connection therewith, and any
97 duct cleaning and equipment sanitizing that requires at least a
98 partial disassembling of the system.; to
99 2. Install, maintain, repair, fabricate, alter, extend, or
100 design, if not prohibited by law, piping, insulation of pipes,
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HB 431 2026
101 vessels and ducts, pressure and process piping, pneumatic
102 control piping, gasoline tanks and pump installations and piping
103 for same, standpipes, air piping, vacuum line piping, oxygen
104 lines, nitrous oxide piping, ink and chemical lines, fuel
105 transmission lines, liquefied petroleum gas lines within
106 buildings, and natural gas fuel lines within buildings.; to
107 3. Replace, disconnect, or reconnect power wiring on the
108 line or load side of the dedicated existing electrical
109 disconnect switch on single phase electrical systems.; to
110 4. Repair or replace power wiring, disconnects, breakers,
111 or fuses for dedicated HVAC circuits with proper use of a
112 circuit breaker lock.; to
113 5. Install, disconnect, and reconnect low voltage heating,
114 ventilating, and air-conditioning control wiring.; and to
115 6. Install a condensate drain from an air-conditioning
116 unit to an existing safe waste or other approved disposal other
117 than a direct connection to a sanitary system.
118 7. Replace and repair existing package pool heaters and
119 connect replacement package pool heaters to existing pool
120 piping. The replacement of an existing package pool heater must
121 use the same make and model as the existing package pool heater.
122 This includes maintaining the flow rate, connection points, and
123 heater specifications without modifications to existing pool
124 piping or system components. The replacement or repair of an
125 existing package pool heater does not include alterations to the
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126 pool's hydraulic system, the addition of bypass valves, the
127 installation of new plumbing, the rerouting of pipes, any
128 changes to the pool's circulation system, or any other
129 modifications beyond what is necessary to disconnect and
130 reconnect the unit to the existing piping.
131 8. Perform The scope of work for such contractor also
132 includes any excavation work incidental to work performed in
133 subparagraphs 1.-7., but not thereto, but does not include any
134 work such as potable water lines or connections thereto,
135 sanitary sewer lines, swimming pool piping and filters, or
136 electrical power wiring.
137 9. A mechanical contractor may Test and evaluate central
138 air-conditioning, refrigeration, heating, and ventilating
139 systems, including duct work; however, a mandatory licensing
140 requirement is not established for the performance of these
141 specific services.
142 Section 2. This act shall take effect July 1, 2026.
143
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hb431-00
CS/HB 803
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 803 COMPANION BILL: CS/SB 1234 (DiCeglie)
TITLE: Building Permits and Inspections LINKED BILLS: None
SPONSOR(S): Trabulsy and Overdorf RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities 14 Y, 1 N
14 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill revises provisions relating to the issuance of building permits. It revises provisions relating to building
code inspection services provided by private providers and private provider firms, including but not limited to
permit fees, administrative fees, and responsibilities of such private providers. It also revises the authority of local
building officials and mandates the adoption of a uniform permitting system.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill:
• Revises the expiration date of building permits issued by counties and other local governments, providing
for expiration one year after issuance or the effective date of the next edition of the Florida Building Code,
whichever is later. (Sections 1 and 3)
• Provides that a local government may not require a building permit for:
o Temporary residential hurricane and flood protection walls that are:
Nonhabitable and not load bearing;
Installed for a residential property that is a single or two-family dwelling or townhouse;
Constructed to mitigate storm surge or floodwaters from entering a property;
Installed by a contractor properly licensed by the Construction Industry Licensing Board;
and
Compliant with applicable local zoning, drainage, easement, and setback requirements.
o Any work valued at less than $7,500 done on a single-family home. However, local governments
may require a permit for any electrical, plumbing, or structural work, not including the repair or
replacement of exterior doors and windows, regardless of the value of such work. Contractors are
required to keep for at least five years a written record of work performed that does not require a
permit, and the record must include the property address at which the work was performed and
the value of the work as proof that the work complies with the statute.
o A lot or parcel upon which a retaining wall is installed on the property of a single-family or two-
family residential dwelling or a townhouse. (Section 3)
• Prohibits local enforcement agencies from charging inspection fees based on the total cost of the project,
instead providing that fees may not exceed the actual cost incurred by the agency to perform and approve
the inspection required for a permit. (Section 3)
STORAGE NAME: h0803d.COM
DATE: 2/16/2026
1
CS/HB 803
The bill makes the following changes related to alternative plans review:
• Provides that officials may only perform building inspections of construction that a private provider has
deemed compliant when they have “actual knowledge” that the inspection forms submitted by the private
provider were incomplete or incorrect. If they plan to perform a site visit, officials must provide written
notice to the private provider of the specific forms that are incomplete or incorrect before performing the
site visit.
• Amends the definitions of “deliver” and “delivery” to specifically include email or submission through an
electronic fill-in form or through submission management software.
• Creates a definition for “registration” as the system used by officials to verify compliance with licensure
and insurance requirements for private provider firms under Chapter 553, F.S.
• Removes the requirement that an owner or contractor have a written contract with a private provider and
adds that agreements for private provider services are not required to be submitted as part of a permit
application or to be issued a permit. Officials are prohibited from requesting a written agreement or
consent form as a condition for issuing a permit.
• Requires permit fees charged by local jurisdictions to reflect the actual cost incurred when an owner
retains a private provider for building inspection services. Officials may not charge punitive,
administrative, or additional fees, including fees for building inspections or site review, when an owner
uses a private provider.
• Limits the information that a local government can request from a private provider to that which it collects
at registration, other than written notice from the owner or owner’s contractor that a private provider has
been contracted. The bill prohibits local governments from altering the model form adopted by the Florida
Building Commission (Commission). The bill removes the requirement that the form include “qualification
statements or resumes” of private providers.
• Removes the requirement that a private provider may only be used after construction has commenced if
the local building official is unable to provide inspection services in a timely manner or the inspection is
related to a single-trade inspect for a single-family or two-family dwelling and removes the time limit by
which the owner or owner’s contractor must provide notice.
• Forbids the review by a local building official of plans, construction drawings, or any other related
documents that have been determined by a private provider to be compliant with the applicable codes. The
local building official may review other forms and documents only for completeness and must notify an
applicant of any incomplete forms or documents not later than 10 days after receipt of a permit application
with the private provider affidavit. If the notice is not provided within 10 days, the permit must be deemed
approved. The bill removes a requirement for review within 20 business days, or five business days for a
single-trade plan for single-family residential, for review and notice to the applicant of specific plan
features that do not comply with the applicable codes. The bill changes “plan deficiencies” to only apply to
incomplete forms or documents.
• Removes the requirement that private providers performing required inspections give notice to the local
building official. (Section 4)
Provides that a local building official is not required for the regulatory administration or supervision of inspection
services performed by a private provider. Private providers are responsible for verification of licensure and
insurance requirements for the firm’s authorized representative. The bill also:
• Adds a requirement that private providers record inspections on a form provided by the Commission. The
bill expands the amount of time that private providers have to post the completed inspection record from
two business days to four business days and specifies that local building officials may not fail inspections as
long as they are transmitted within four days, even if they are not posted at the job site.
• Requires that certificates of compliance be on a form provided by the Commission. The certificate of
compliance may be signed by any qualified licensed individual employed full-time by the private provider.
• Changes the standard of review under which a local building official may deny a permit or a request for a
certificate of occupancy or completion. Under current law, building officials review documents for
compliance to the applicable codes, but the bill limits review to whether or not documents are complete.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/HB 803
• Requires local governments establish a system of registration for private providers and prohibits local
governments from charging administrative fees for registration or updating registration.
• Prohibits a local government from prohibiting or limiting the use of virtual inspections by private
providers.
• Requires local governments to give private providers notice of audits at least five business days before an
audit. (Section 4)
The bill provides a shorter timeframe for a local government to approve, approve with conditions, or deny a
building permit application for an applicant using a local government reviewer for building permits for an existing
single-family residential dwelling if the value of the work is less than $15,000 for structural, accessory structure,
alarm, electrical, irrigation, landscaping, mechanical, plumbing, or roofing. The bill requires such permit
applications to be approved within 5 business days after the application is deemed complete and sufficient.
(Section 5)
The bill requires the Commission to develop a residential and commercial uniform building permit application that
must be used by local governments. (Section 6)
The bill prohibits homeowners’ associations from requiring a building permit as a prerequisite of its review of the
construction of structures or improvements. (Section 7)
The bill takes effect on July 1, 2026. (Section 8)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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 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 created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
1 Florida Department of Community Affairs, The Florida Building Commission Report to the 2006 Legislature, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 15, 2026).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 15, 2026).
4 See s. 553.72(1), F.S.
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body made up of design professionals, contractors, and government experts in various disciplines covered by the
Building Code. 5 The Commission reviews several International Codes published by the International Code Council, 6
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. 7
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 8 Every local government
must enforce the Florida Building Code and issue building permits. 9
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 10 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 11
Each local government must post its building permit applications, including a list of all required attachments,
drawings, and documents for each application, on its website. 12 However, other than fire alarm building permit
applications, local governments are not required to have uniform building permit applications, and they are free to
create their own applications with their own requirements. 13
Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections are considered completed or closed. 14
Building Permit Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the enforcing agency
for the issuance of a building permit. 15 Such fees shall be used solely for carrying out the local government’s
responsibilities in enforcing the Building Code. 16 Enforcing the Building Code includes the direct costs and
reasonable indirect costs associated with training, review of building plans, building inspections, re-inspections,
building permit processing, and fire inspections. 17 Local governments must post all building permit and inspection
fee schedules on their website. 18
Local governments are only allowed to collect building permit fees that are sufficient to cover their costs in
enforcing the Building Code. 19 When providing a schedule of reasonable fees, the total estimated annual revenue
5 S. 553.74, F.S.
6 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. 15, 2026).
7 S. 553.73(7)(a), F.S.
8 S. 553.72, F.S.
9 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
10 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
11 Ss. 125.56(4)(a) and 553.79(1), F.S.
12 S. 553.79(1)(b), F.S.
13 Ss. 553.79(1) and 553.7921, F.S.
14 S. 110 of the Eighth Edition of the Florida Building Code (Building).
15 S. 553.80 F.S.
16 Id.
17 S. 553.80(7)(a)1., F.S.
18 Ss. 125.56(4)(c) and 166.222(2), F.S.
19 S. 553.80(7)(a), F.S.
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derived from fees, and the fines and investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be carried forward to future years for
allowable activities or must be refunded at the discretion of the local government. A local government may not
carry forward an amount exceeding the average of its operating budget, not including reserve amounts, for
enforcing the Building Code for the previous four fiscal years.
DBPR Surcharges
Local governments must assess and collect two surcharges on any building permit issued by their enforcement
agency for the purpose of enforcing the Building Code:
• A 1 percent surcharge to fund the activities of the Commission, DBPR’s Building Code Compliance and
Mitigation Program, and the Florida Fire Prevention Code informal interpretations. 20
• A 1.5 percent surcharge that it is divided equally to fund the activities of the Building Code Administrators
and Inspectors Board and the Florida Homeowners’ Construction Recovery Fund. 21
Local government building departments may retain 10 percent of the amount of the surcharges they collect to fund
participation by their agencies in the national and state building code adoption processes and to provide education
related to enforcement of the Building Code. 22
Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 23
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services, including single-trade inspections. 24 If an owner or contractor retains a
private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the
permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such
services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by
which a local enforcement agency assesses the cost for its plans review or inspection services. The local
jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider to
perform such services; however, the local jurisdiction may charge a reasonable administrative fee, which shall be
based on the cost that is actually incurred, including the labor cost of the personnel providing the service, by the
local jurisdiction or attributable to the local jurisdiction for the clerical and supervisory assistance required, or
both. 25
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies. 26 If the local
20 S. 553.721, F.S.
21 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have
suffered a covered financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed
with DBPR, who reviews for completeness and statutory eligibility. DBPR then presents the claim to the Construction Industry
Licensing Board for review. S. 489.1401(2), F.S.
22 Ss. 468.631 and 553.721, F.S.
23 S. 553.791(1)(n), F.S.
24 S. 553.791(2), F.S.
25 S. 553.791(2)(b), F.S.
26 S. 553.791(7)(a), F.S.
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building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day. 27
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 14 Y, 0 N, As CS 1/20/2026 Anstead Miralia
Subcommittee
THE CHANGES ADOPTED BY THE • Required contractors to retain documents related to certain
COMMITTEE: construction projects completed without a permit for a minimum of
five years.
• Moved language related to flood protection walls and barriers, and
retaining walls to the correct section of Florida Statutes. Also, clarified
that local governments may not require building permits for temporary
residential hurricane and flood protection walls.
• Removed the notice requirement before a stop work order can be
issued due to an immediate threat to public safety and welfare.
• Removed overly broad language that prohibited requiring a permit
after a state of emergency for two years.
• Moved the provision related to the Florida Building Commission
creating a uniform application system to the correct section of Florida
Statutes, clarified that the commission has rulemaking authority, set a
date for completion, and specified that both residential and commercial
applications be created.
• Clarified language related to private provider service contracts.
• Clarified definitions, and makes technical and clarifying edits
throughout.
Intergovernmental Affairs 14 Y, 1 N 2/5/2026 Darden Burgess
Subcommittee
Commerce Committee Hamon Miralia
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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27 Id.
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1 A bill to be entitled
2 An act relating to building permits and inspections;
3 amending s. 125.56, F.S.; providing for expiration of
4 certain building permits issued by a county; amending
5 s. 489.129, F.S.; providing that certain persons are
6 not subject to discipline for performing a job without
7 applicable permits and inspections if otherwise
8 authorized by law; amending s. 553.79, F.S.; providing
9 for expiration of certain building permits issued by a
10 local government; providing prohibitions for
11 inspection fees; prohibiting a local government from
12 requiring building permits for certain projects;
13 providing an exception; requiring certain contractors
14 to maintain certain records for a specified time
15 period; prohibiting local governments from requiring a
16 building permit for the installation of temporary
17 residential hurricane and flood protection walls or
18 barriers that meet certain requirements; prohibiting
19 local governments from requiring a building permit for
20 the installation of certain retaining walls; amending
21 s. 553.791, F.S.; revising and providing definitions;
22 removing the requirement that a contract for certain
23 services be in writing; providing that a contract for
24 certain services does not need to be submitted as part
25 of a permit application; providing requirements for
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26 reduced permit fees; prohibiting a local jurisdiction
27 from charging punitive administrative fees or fees for
28 plans review services; requiring that certain
29 documents be promptly provided to certain persons;
30 prohibiting local governments and local building
31 officials from requiring additional forms; requiring
32 local enforcement agencies to create a specified
33 registration system that must have a method to
34 register and update registration information
35 electronically; prohibiting local enforcement agencies
36 from charging an administrative fee to register or
37 update registration information; requiring private
38 provider firms to register with the local enforcement
39 agency, provide certain information, and update its
40 registration within a specified timeframe after
41 changes occur; prohibiting local enforcement agencies
42 from altering a form adopted by the commission;
43 removing the requirement that a private provider's
44 qualification statements or resumes be included in a
45 certain notice; removing time restrictions for
46 electing to use a private provider; requiring local
47 enforcement agencies to accept a certain affidavit
48 electronically; providing which forms and documents a
49 local building official may review; providing notice
50 requirements; providing that certain permits are
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51 deemed approved; providing that local enforcement
52 agencies are not responsible for the administration or
53 supervision of services performed by a private
54 provider; prohibiting local enforcement agencies from
55 requiring additional verification of certain
56 requirements beyond that which is required at
57 registration; revising the timeframe in which certain
58 records must be provided; prohibiting local building
59 officials from failing certain inspections;
60 authorizing certain persons to sign certificates of
61 compliance; providing requirements for local building
62 officials who have actual knowledge that a private
63 provider failed to perform an inspection; providing
64 that virtual inspections may not be prohibited;
65 requiring certain notice before an audit; prohibiting
66 certain entities from discouraging the use of private
67 providers; authorizing certain public entities to use
68 a private provider firm or to employ a licensed
69 building inspector to provide building code inspection
70 services; amending s. 553.792, F.S.; requiring a local
71 government to make certain decisions relating to
72 certain building permits within a specified timeframe;
73 amending s. 553.77, F.S.; requiring the Florida
74 Building Commission to develop uniform commercial and
75 residential building permit applications by a
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76 specified date; amending s. 720.3035, F.S.;
77 prohibiting an association or certain committees from
78 requiring a building permit as a prerequisite for a
79 certain review; providing an effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Paragraph (d) of subsection (4) of section
84 125.56, Florida Statutes, is amended to read:
85 125.56 Enforcement and amendment of the Florida Building
86 Code and the Florida Fire Prevention Code; inspection fees;
87 inspectors; etc.—
88 (4)
89 (d) A county that issues building permits may send a
90 written notice of expiration, by e-mail or United States Postal
91 Service, to the owner of the property and the contractor listed
92 on the permit, no less than 30 days before a building permit is
93 set to expire. The written notice must identify the permit that
94 is set to expire and the date the permit will expire. A building
95 permit issued by a county for a single-family dwelling expires 1
96 year after the issuance of the permit or on the effective date
97 of the next edition of the Florida Building Code, whichever is
98 later.
99 Section 2. Paragraph (o) of subsection (1) of section
100 489.129, Florida Statutes, is amended to read:
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101 489.129 Disciplinary proceedings.—
102 (1) The board may take any of the following actions
103 against any certificateholder or registrant: place on probation
104 or reprimand the licensee, revoke, suspend, or deny the issuance
105 or renewal of the certificate or registration, require financial
106 restitution to a consumer for financial harm directly related to
107 a violation of a provision of this part, impose an
108 administrative fine not to exceed $10,000 per violation, require
109 continuing education, or assess costs associated with
110 investigation and prosecution, if the contractor, financially
111 responsible officer, or business organization for which the
112 contractor is a primary qualifying agent, a financially
113 responsible officer, or a secondary qualifying agent responsible
114 under s. 489.1195 is found guilty of any of the following acts:
115 (o) Proceeding on any job without obtaining applicable
116 local building department permits and inspections, unless
117 otherwise provided by law.
118
119 For the purposes of this subsection, construction is considered
120 to be commenced when the contract is executed and the contractor
121 has accepted funds from the customer or lender. A contractor
122 does not commit a violation of this subsection when the
123 contractor relies on a building code interpretation rendered by
124 a building official or person authorized by s. 553.80 to enforce
125 the building code, absent a finding of fraud or deceit in the
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126 practice of contracting, or gross negligence, repeated
127 negligence, or negligence resulting in a significant danger to
128 life or property on the part of the building official, in a
129 proceeding under chapter 120.
130 Section 3. Paragraphs (a), (b), (c), and (f) of subsection
131 (1) of section 553.79, Florida Statutes, are amended, and
132 paragraphs (g), (h), and (i) are added to that subsection, to
133 read:
134 553.79 Permits; applications; issuance; inspections.—
135 (1)(a) Unless otherwise provided by law, after the
136 effective date of the Florida Building Code adopted as herein
137 provided, it shall be unlawful for any person, firm,
138 corporation, or governmental entity to construct, erect, alter,
139 modify, repair, or demolish any building within this state
140 without first obtaining a permit therefor from the appropriate
141 enforcing agency or from such persons as may, by appropriate
142 resolution or regulation of the authorized state or local
143 enforcing agency, be delegated authority to issue such permits,
144 upon the payment of such reasonable fees adopted by the
145 enforcing agency. The enforcing agency is empowered to revoke
146 any such permit upon a determination by the agency that the
147 construction, erection, alteration, modification, repair, or
148 demolition of the building for which the permit was issued is in
149 violation of, or not in conformity with, the provisions of the
150 Florida Building Code. Whenever a permit required under this
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151 section is denied or revoked because the plan, or the
152 construction, erection, alteration, modification, repair, or
153 demolition of a building, is found by the local enforcing agency
154 to be not in compliance with the Florida Building Code, the
155 local enforcing agency shall identify the specific plan or
156 project features that do not comply with the applicable codes,
157 identify the specific code chapters and sections upon which the
158 finding is based, and provide this information to the permit
159 applicant. A plans reviewer or building code administrator who
160 is responsible for issuing a denial, revocation, or modification
161 request but fails to provide to the permit applicant a reason
162 for denying, revoking, or requesting a modification, based on
163 compliance with the Florida Building Code or local ordinance, is
164 subject to disciplinary action against his or her license
165 pursuant to s. 468.621(1)(i). Installation, replacement,
166 removal, or metering of any load management control device is
167 exempt from and shall not be subject to the permit process and
168 fees otherwise required by this section.
169 (b) A local enforcement agency shall post each type of
170 building permit application, as adopted by the commission,
171 including a list of all required attachments, drawings, or other
172 requirements for each type of application, on its website. A
173 local enforcement agency must post and update the status of
174 every received application on its website until the issuance of
175 the building permit. A local enforcement agency must allow
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176 applicants to submit completed applications, including payments,
177 attachments, drawings, or other requirements or parts of the
178 completed permit application, must be able to be submitted
179 electronically to the appropriate building department. Accepted
180 methods of electronic submission include, but are not limited
181 to, e-mail submission of applications in Portable Document
182 Format or submission of applications through an electronic fill-
183 in form available on the building department's website or
184 through a third-party submission management software. A building
185 official, at his or her discretion, may accept completed
186 applications, including payments, attachments, drawings, or
187 other requirements or parts of the completed permit application,
188 may also be submitted in person in a nonelectronic format, at
189 the discretion of the building official.
190 (c) A local government that issues building permits may
191 send a written notice of expiration, by e-mail or United States
192 Postal Service, to the owner of the property and the contractor
193 listed on the permit, no less than 30 days before a building
194 permit is set to expire. The written notice must identify the
195 permit that is set to expire and the date the permit will
196 expire. A building permit issued by a local government for a
197 single-family dwelling expires 1 year after the issuance of the
198 permit or on the effective date of the next edition of the
199 Florida Building Code, whichever is later.
200 (f) A local government may not require a contract between
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201 a builder and an owner, any copies of such contract, or any
202 associated document, including, but not limited to, letters of
203 intent, material costs lists, labor costs, or overhead or profit
204 statements, for the issuance of a building permit or as a
205 requirement for the submission of a building permit application.
206 Inspection fees may not be based on the total cost of a project
207 and may not exceed the actual inspection costs incurred by the
208 local enforcement agency.
209 (g)1. A local government that issues building permits may
210 not require an owner of a single-family dwelling or the owner's
211 contractor to obtain a building permit to perform any work that
212 is valued at less than $7,500 on the single-family dwelling's
213 lot. However, a local government may require a building permit
214 for any electrical, plumbing, or structural work, not including
215 the repair or replacement of exterior doors or windows,
216 performed on a lot containing a single-family dwelling
217 regardless of the value of the work.
218 2. A contractor who performs work that does not require a
219 building permit under this paragraph must maintain for at least
220 5 years a written record of the work performed, the property
221 address at which the work was performed, and the value of such
222 work as proof that such work complies with subparagraph 1.
223 (h)1. A local government that issues building permits may
224 not require an owner of a single-family dwelling or the owner's
225 contractor to obtain a building permit for the installation of
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226 temporary residential hurricane and flood protection walls or
227 barriers that meet all of the following conditions:
228 a. The wall or barrier is nonhabitable and nonload-
229 bearing.
230 b. The wall or barrier is installed on the residential
231 property of a single-family or two-family dwelling or townhouse.
232 c. The wall or barrier is constructed to mitigate or
233 prevent storm surge or floodwaters from entering a structure or
234 property.
235 d. The wall or barrier is installed by a contractor
236 licensed under part I of chapter 489.
237 e. The wall or barrier complies with applicable local
238 zoning, drainage, easement, and setback requirements.
239 2. The commission may adopt rules under s. 120.54 to
240 incorporate necessary standards to implement this paragraph.
241 (i) A local government that issues building permits may
242 not require a building permit for each lot or parcel upon which
243 a retaining wall is installed on the property of a single-family
244 or two-family residential dwelling or a townhouse.
245 Section 4. Section 553.791, Florida Statutes, is amended
246 to read:
247 553.791 Alternative plans review and inspection.—
248 (1) As used in this section, the term:
249 (a) "Applicable codes" means the Florida Building Code and
250 any local technical amendments to the Florida Building Code but
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251 does not include the applicable minimum fire prevention and
252 firesafety codes adopted pursuant to chapter 633.
253 (b) "Audit" means the process to confirm that the building
254 code inspection services have been performed by the private
255 provider, including ensuring that the required affidavit for the
256 plan review has been properly completed and submitted with the
257 permit documents and that the minimum mandatory inspections
258 required under the building code have been performed and
259 properly recorded. The local building official may not replicate
260 the plan review or inspection being performed by the private
261 provider, unless expressly authorized by this section.
262 (c) "Building" means any construction, erection,
263 alteration, demolition, or improvement of, or addition to, any
264 structure or site work for which permitting by a local
265 enforcement agency is required.
266 (d) "Building code inspection services" means those
267 services described in s. 468.603(5) and (8) involving the review
268 of building plans as well as those services involving the review
269 of site plans and site work engineering plans or their
270 functional equivalent, to determine compliance with applicable
271 codes and those inspections required by law, conducted either in
272 person or virtually, of each phase of construction for which
273 permitting by a local enforcement agency is required to
274 determine compliance with applicable codes.
275 (e) "Deliver" or "delivery" means any method of delivery
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276 used in conventional business or commercial practice, including
277 delivery by electronic transmissions such as e-mail or
278 submission through an electronic fill-in form available on the
279 building department's website or through a third-party
280 submission management software.
281 (f) "Duly authorized representative" means an agent of the
282 private provider identified in the permit application who
283 reviews plans or performs inspections as provided by this
284 section and who is licensed as an engineer under chapter 471 or
285 as an architect under chapter 481 or who holds a standard or
286 provisional certificate under part XII of chapter 468. A duly
287 authorized representative who only holds a provisional
288 certificate under part XII of chapter 468 must be under the
289 direct supervision of a person licensed as a building code
290 administrator under part XII of chapter 468.
291 (g) "Electronic signature" means any letters, characters,
292 or symbols manifested by electronic or similar means which are
293 executed or adopted by a party with an intent to authenticate a
294 writing or record.
295 (h) "Electronic transmission" or "submitted
296 electronically" means any form or process of communication not
297 directly involving the physical transfer of paper or another
298 tangible medium which is suitable for the retention, retrieval,
299 and reproduction of information by the recipient and is
300 retrievable in paper form by the receipt through an automated
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301 process. All notices, documents, and applications provided for
302 in this section may be transmitted electronically and shall have
303 the same legal effect as if physically posted or mailed.
304 (i) "Electronically posted" means providing notices of
305 decisions, results, or records, including inspection records,
306 through the use of a website or other form of electronic
307 communication used to transmit or display information.
308 (j) "Immediate threat to public safety and welfare" means
309 a building code violation that, if allowed to persist,
310 constitutes an immediate hazard that could result in death,
311 serious bodily injury, or significant property damage. This
312 paragraph does not limit the authority of the local building
313 official to issue a Notice of Corrective Action at any time
314 during the construction of a building project or any portion of
315 such project if the official determines that a condition of the
316 building or portion thereof may constitute a hazard when the
317 building is put into use following completion as long as the
318 condition cited is shown to be in violation of the building code
319 or approved plans.
320 (k) "Local building official" means the individual within
321 the governing jurisdiction responsible for direct regulatory
322 administration or supervision of plans review, enforcement, and
323 inspection of any construction, erection, alteration,
324 demolition, or substantial improvement of, or addition to, any
325 structure for which permitting is required to indicate
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326 compliance with applicable codes and includes any duly
327 authorized designee of such person.
328 (l) "Permit application" means a properly completed and
329 submitted application for the requested building or construction
330 permit, including:
331 1. The plans reviewed by the private provider, or in the
332 case of a single-trade plans review where a private provider
333 uses an automated or software-based plans review system pursuant
334 to subsection (7) (6), the information reviewed by the automated
335 or software-based plans review system to determine compliance
336 with one or more applicable codes.
337 2. The affidavit from the private provider required under
338 subsection (7) (6).
339 3. Any applicable fees.
340 4. Any documents required by the local building official
341 to determine that the fee owner has secured all other government
342 approvals required by law.
343 (m) "Plans" means building plans, site engineering plans,
344 or site plans, or their functional equivalent, submitted by a
345 fee owner or fee owner's contractor to a private provider or
346 duly authorized representative for review.
347 (n) "Private provider" means a person licensed as a
348 building code administrator under part XII of chapter 468, as an
349 engineer under chapter 471, or as an architect under chapter
350 481. For purposes of performing inspections under this section
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351 for additions and alterations that are limited to 1,000 square
352 feet or less to residential buildings, the term "private
353 provider" also includes a person who holds a standard
354 certificate under part XII of chapter 468.
355 (o) "Private provider firm" means a business organization,
356 including a corporation, partnership, business trust, or other
357 legal entity, which offers services under this chapter to the
358 public through licensees who are acting as agents, employees,
359 officers, or partners of the firm. A person who is licensed as a
360 building code administrator under part XII of chapter 468, an
361 engineer under chapter 471, or an architect under chapter 481
362 may act as a private provider for an agent, employee, or officer
363 of the private provider firm.
364 (p) "Registration" means the roster of authorized private
365 provider firms held by each local enforcement agency.
366 (q)(p) "Request for certificate of occupancy or
367 certificate of completion" means a properly completed and
368 executed application for:
369 1. A certificate of occupancy or certificate of
370 completion.
371 2. A certificate of compliance from the private provider
372 required under subsection (15) (13).
373 3. Any applicable fees.
374 4. Any documents required by the local building official
375 to determine that the fee owner has secured all other government
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376 approvals required by law.
377 (r)(q) "Single-trade inspection" or "single-trade plans
378 review" means any inspection or plans review focused on a single
379 construction trade, such as plumbing, mechanical, or electrical.
380 The term includes, but is not limited to, inspections or plans
381 reviews of door or window replacements; fences and block walls
382 more than 6 feet high from the top of the wall to the bottom of
383 the footing; stucco or plastering; reroofing with no structural
384 alteration; solar energy and energy storage installations or
385 alterations; HVAC replacements; ductwork or fan replacements;
386 alteration or installation of wiring, lighting, and service
387 panels; water heater changeouts; sink replacements; and
388 repiping.
389 (s)(r) "Site work" means the portion of a construction
390 project that is not part of the building structure, including,
391 but not limited to, grading, excavation, landscape irrigation,
392 and installation of driveways.
393 (t)(s) "Stop-work order" means the issuance of any written
394 statement, written directive, or written order which states the
395 reason for the order and the conditions under which the cited
396 work will be permitted to resume.
397 (2)(a) Notwithstanding any other law or local government
398 ordinance or local policy, the fee owner of a building or
399 structure, or the fee owner's contractor upon written
400 authorization from the fee owner, may choose to use a private
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401 provider to provide plans review or building code inspection
402 services with regard to such building or structure and may make
403 payment directly to the private provider for the provision of
404 such services. All such services shall be the subject of a
405 written contract between the private provider, or the private
406 provider's firm, and the fee owner or the fee owner's
407 contractor, upon written authorization of the fee owner. The
408 local enforcement agency may not require the contract to be
409 provided as part of the permit application or as a condition for
410 issuing a permit. The fee owner may elect to use a private
411 provider to provide plans review or required building
412 inspections, or both. However, if the fee owner or the fee
413 owner's contractor uses a private provider to provide plans
414 review, the local building official, in his or her discretion
415 and pursuant to duly adopted policies of the local enforcement
416 agency, may require the fee owner or the fee owner's contractor
417 to use a private provider to also provide required building
418 inspections.
419 (b) If a fee an owner or the fee owner's contractor
420 retains a private provider for purposes of plans review or
421 building inspection services, the local jurisdiction must reduce
422 the permit fee by the amount of cost savings realized by the
423 local enforcement agency for not having to perform such
424 services. Such reduction may be calculated on a flat fee or
425 percentage basis, or any other reasonable means by which a local
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426 enforcement agency assesses the cost for its plans review or
427 inspection services. The permit fee must be based on the cost
428 incurred by the local jurisdiction, including the labor cost of
429 the personnel providing such services and the clerical and
430 supervisory assistance required to comply with this section. The
431 local jurisdiction may not charge fees for plans review or
432 building inspections if the fee owner or the fee owner's
433 contractor hires a private provider to perform such services.
434 The local enforcement agency may not charge punitive
435 administrative fees when a fee owner has chosen to work with a
436 private provider; however, the local jurisdiction may charge a
437 reasonable administrative fee, which shall be based on the cost
438 that is actually incurred, including the labor cost of the
439 personnel providing the service, by the local jurisdiction or
440 attributable to the local jurisdiction for the clerical and
441 supervisory assistance required, or both.
442 (c) If a fee an owner or the fee owner's a contractor
443 retains a private provider for purposes of plans review or
444 building inspection services, the local jurisdiction must
445 provide equal access to all permitting and inspection documents
446 and reports to the private provider, owner, and contractor if
447 such access is provided by software that protects exempt records
448 from disclosure. Access to these documents must be promptly
449 provided.
450 (d) A local government or local building official may not
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451 require additional forms beyond those required at registration,
452 except for the written notice required under subsection (5), if
453 a fee owner or the fee owner's contractor uses a private
454 provider.
455 (3) A private provider and any duly authorized
456 representative may only perform building code inspection
457 services that are within the disciplines covered by that
458 person's licensure or certification under chapter 468, chapter
459 471, or chapter 481, including single-trade inspections. A
460 private provider may not provide building code inspection
461 services pursuant to this section upon any building designed or
462 constructed by the private provider or the private provider's
463 firm.
464 (4) A local enforcement agency must create a registration
465 system for private providers and private provider firms working
466 in the local enforcement agency's jurisdiction. A local
467 enforcement agency must have a method to register and update
468 registration information electronically. The local enforcement
469 agency may not charge an administrative fee for registration or
470 updates to a registration. The private provider or private
471 provider firm must provide its contact information and verify
472 compliance with the licensure requirements of paragraph (1)(n)
473 or paragraph (1)(o), as applicable, and the insurance
474 requirements of subsection (20). The private provider or private
475 provider firm must register with the local enforcement agency in
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476 the jurisdiction in which the provider or firm is working before
477 contracting to provide services in such jurisdiction. The
478 private provider or private provider firm must update its
479 registration within 5 business days after any change to the
480 provider's or firm's contact information, licensure, or
481 insurance coverage.
482 (5)(4) A fee owner or the fee owner's contractor using a
483 private provider to provide building code inspection services
484 shall notify the local building official in writing at the time
485 of permit application, or by 2 p.m. local time, 2 business days
486 before the first scheduled inspection by the local building
487 official or building code enforcement agency that a private
488 provider has been contracted to perform the required inspections
489 of construction under this section, including single-trade
490 inspections, on a form to be adopted by the commission. The
491 local enforcement agency may not alter the form. This notice
492 must shall include the following information:
493 (a) The services to be performed by the private provider.
494 (b) The name, firm, address, telephone number, and e-mail
495 address of each private provider who is performing or will
496 perform such services, his or her professional license or
497 certification number, qualification statements or resumes, and,
498 if required by the local building official, a certificate of
499 insurance demonstrating that professional liability insurance
500 coverage is in place for the private provider's firm, the
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501 private provider, and any duly authorized representative in the
502 amounts required by this section.
503 (c) An acknowledgment from the fee owner or the fee
504 owner's contractor in substantially the following form:
505
506 I have elected to use one or more private providers to
507 provide building code plans review and/or inspection
508 services on the building or structure that is the
509 subject of the enclosed permit application, as
510 authorized by s. 553.791, Florida Statutes. I
511 understand that the local building official may not
512 review the plans submitted or perform the required
513 building inspections to determine compliance with the
514 applicable codes, except to the extent specified in
515 said law. Instead, plans review and/or required
516 building inspections will be performed by licensed or
517 certified personnel identified in the application. The
518 law requires minimum insurance requirements for such
519 personnel, but I understand that I may require more
520 insurance to protect my interests. By executing this
521 form, I acknowledge that I have made inquiry regarding
522 the competence of the licensed or certified personnel
523 and the level of their insurance and am satisfied that
524 my interests are adequately protected. I agree to
525 indemnify, defend, and hold harmless the local
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526 government, the local building official, and their
527 building code enforcement personnel from any and all
528 claims arising from my use of these licensed or
529 certified personnel to perform building code
530 inspection services with respect to the building or
531 structure that is the subject of the enclosed permit
532 application.
533
534 If the fee owner or the fee owner's contractor makes any changes
535 to the listed private providers or the services to be provided
536 by those private providers, the fee owner or the fee owner's
537 contractor shall, within 1 business day after any change or
538 within 2 business days before the next scheduled inspection,
539 update the notice to reflect such changes. A change of a duly
540 authorized representative named in the permit application does
541 not require a revision of the permit, and the building code
542 enforcement agency shall not charge a fee for making the change.
543 (6)(5) After construction has commenced and if either the
544 local building official is unable to provide inspection services
545 in a timely manner or the work subject to inspection is related
546 to a single-trade inspection for a single-family or two-family
547 dwelling, the fee owner or the fee owner's contractor may elect
548 to use a private provider to provide inspection services for a
549 single-trade inspection for a single-family or two-family
550 dwelling by notifying the local building official of the owner's
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551 or contractor's intention to do so by 2 p.m. local time, 2
552 business days before the next scheduled inspection using the
553 notice provided for in paragraphs (5)(a)-(c) (4)(a)-(c).
554 (7)(6) A private provider performing plans review under
555 this section shall review the plans to determine compliance with
556 the applicable codes. For single-trade plans reviews, a private
557 provider may use an automated or software-based plans review
558 system designed to determine compliance with one or more
559 applicable codes, including, but not limited to, the National
560 Electrical Code and the Florida Building Code. Upon determining
561 that the plans reviewed comply with the applicable codes, the
562 private provider shall prepare an affidavit or affidavits
563 certifying, under oath, that the following is true and correct
564 to the best of the private provider's knowledge and belief:
565 (a) The plans were reviewed by the affiant, who is duly
566 authorized to perform plans review pursuant to this section and
567 holds the appropriate license or certificate.
568 (b) The plans comply with the applicable codes.
569
570 Such affidavit may bear a written or electronic signature and
571 may be submitted electronically to the local building official.
572 A local enforcement agency must accept electronically submitted
573 affidavits.
574 (8)(a) The local building official may not review plans,
575 construction drawings, or any other related documents determined
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576 by a private provider to be compliant with the applicable codes.
577 (b) The local building official may review other forms and
578 documents required under this section for completeness only. The
579 local building official must provide written notice to a permit
580 applicant of any incomplete forms or documents required under
581 this section no later than 10 days after receipt of a permit
582 application and an affidavit from the private provider as
583 required in subsection (7). The written notice must state with
584 specificity which forms or documents are incomplete.
585 (7)(a) No more than 20 business days, or if the permit
586 application is related to a single-trade plans review for a
587 single-family or two-family dwelling, no more than 5 business
588 days, after receipt of a permit application and the affidavit
589 from the private provider required pursuant to subsection (6),
590 the local building official shall issue the requested permit or
591 provide a written notice to the permit applicant identifying the
592 specific plan features that do not comply with the applicable
593 codes, as well as the specific code chapters and sections. If
594 the local building official does not provide such a written
595 notice of the plan deficiencies within 10 days the prescribed
596 time period, the permit application must be deemed approved as a
597 matter of law, and the permit must be issued by the local
598 building official on the next business day.
599 (c)(b) If the local building official provides a written
600 notice of plan deficiencies to the permit applicant of any
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601 incomplete forms or documents required under this section at the
602 time of plan submission within the 10-day prescribed time
603 period, such the time period is tolled pending resolution of the
604 matter. To resolve the issues raised in the notice plan
605 deficiencies, the permit applicant may elect to dispute the
606 issues deficiencies pursuant to subsection (17) (15) or to
607 submit revisions to correct the issues deficiencies.
608 (d)(c) If the permit applicant submits revisions, the
609 local building official has the remainder of the tolled 10-day
610 time period plus 5 business days after the date of resubmittal
611 to issue the requested permit or to provide a second written
612 notice to the permit applicant stating which of the previously
613 identified forms or documents plan features remain incomplete in
614 noncompliance with the applicable codes, with specific reference
615 to the relevant code chapters and sections. Any subsequent
616 review by the local building official is limited to the issues
617 deficiencies cited in the original written notice. If the local
618 building official does not provide the second written notice
619 within the prescribed time period, the permit must be deemed
620 approved as a matter of law, and the local building official
621 must issue the permit on the next business day.
622 (e)(d) If the local building official provides a second
623 written notice of plan deficiencies to the permit applicant
624 within the prescribed time period, the permit applicant may
625 elect to dispute the issues raised in the second notice
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626 deficiencies pursuant to subsection (17) (15) or to submit
627 additional revisions to correct the issues deficiencies. For all
628 revisions submitted after the first revision, the local building
629 official has an additional 5 business days after the date of
630 resubmittal to issue the requested permit or to provide a
631 written notice to the permit applicant stating which of the
632 previously identified forms or documents plan features remain
633 incomplete. If the local building official does not provide the
634 notice within the prescribed time period, the permit shall be
635 deemed approved as a matter of law, and the local building
636 official must issue the permit on the next business day in
637 noncompliance with the applicable codes, with specific reference
638 to the relevant code chapters and sections.
639 (9)(8) A private provider performing required inspections
640 under this section shall inspect each phase of construction as
641 required by the applicable codes. Such inspection, including a
642 single-trade inspection, may be performed in person or
643 virtually. The private provider may have a duly authorized
644 representative perform the required inspections, provided all
645 required reports are prepared by and bear the written or
646 electronic signature of the private provider or the private
647 provider's duly authorized representative. The duly authorized
648 representative must be an employee of the private provider
649 entitled to receive reemployment assistance benefits under
650 chapter 443. The contractor's contractual or legal obligations
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651 are not relieved by any action of the private provider.
652 (10)(9) A private provider performing required inspections
653 under this section shall provide notice to the local building
654 official of the approximate date and time of any such
655 inspection. The local building official may not prohibit the
656 private provider from performing any inspection outside the
657 local building official's normal operating hours, including
658 after hours, weekends, or holidays. The local building official
659 may visit the building site as often as necessary to verify that
660 the private provider is performing all required inspections. A
661 deficiency notice must be posted by the private provider, the
662 duly authorized representative of the private provider, or the
663 building department whenever a noncomplying item related to the
664 building code or the permitted documents is found. Such notice
665 may be physically posted at the job site or electronically
666 posted. After corrections are made, the item must be reinspected
667 by the private provider or the representative of the private
668 provider before being concealed. Reinspection or reaudit fees
669 shall not be charged by The local jurisdiction may not charge
670 reinspection or reaudit fees as a result of the local
671 jurisdiction's audit inspection occurring before the performance
672 of the private provider's inspection or for any other
673 administrative matter not involving the detection of a violation
674 of the building code or a permit requirement.
675 (11) A local enforcement agency is not responsible for the
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676 regulatory administration or supervision of building code
677 inspection services performed by a private provider hired by a
678 fee owner or the fee owner's contractor. A local enforcement
679 agency may not require additional verification of licensure or
680 insurance requirements beyond that which is required at
681 registration.
682 (12)(10) If the private provider is a person licensed as
683 an engineer under chapter 471 or an architect under chapter 481
684 and affixes his or her professional seal to the affidavit
685 required under subsection (7) (6), the local building official
686 must issue the requested permit or provide a written notice to
687 the permit applicant identifying the specific plan features that
688 do not comply with the applicable codes, as well as the specific
689 code chapters and sections, within 10 business days after
690 receipt of the permit application and affidavit. In such written
691 notice, the local building official must provide with
692 specificity the plan's deficiencies, the reasons the permit
693 application failed, and the applicable codes being violated. If
694 the local building official does not provide specific written
695 notice to the permit applicant within the prescribed 10-day
696 period, the permit application is deemed approved as a matter of
697 law, and the local building official must issue the permit on
698 the next business day.
699 (13)(11) If equipment replacements and repairs must be
700 performed in an emergency situation, subject to the emergency
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701 permitting provisions of the Florida Building Code, a private
702 provider may perform emergency inspection services without first
703 notifying the local building official pursuant to subsection
704 (9). A private provider must conduct the inspection within 3
705 business days after being contacted to conduct an emergency
706 inspection and must submit the inspection report to the local
707 building official within 1 day after the inspection is
708 completed.
709 (14)(12) Upon completing the required inspections at each
710 applicable phase of construction, the private provider shall
711 record such inspections on a form provided by the commission
712 acceptable to the local building official. The form must bear
713 the written or electronic signature of the private provider or
714 the private provider's duly authorized representative. These
715 inspection records must shall reflect those inspections required
716 by the applicable codes of each phase of construction for which
717 permitting by a local enforcement agency is required. The
718 private provider, upon completion of the required inspection,
719 shall post each completed inspection record, indicating pass or
720 fail, and provide the record to the local building official
721 within 4 2 business days. Such inspection record may be
722 electronically posted by the private provider, or the private
723 provider may post such inspection record physically at the
724 project site. The private provider may electronically transmit
725 the record to the local building official. The local building
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726 official may waive the requirement to provide a record of each
727 inspection within 4 2 business days if the record is
728 electronically posted or posted at the project site and all such
729 inspection records are submitted with the certificate of
730 compliance. Unless the records have been electronically posted
731 and transmitted, records of all required and completed
732 inspections shall be maintained at the building site at all
733 times and made available for review by the local building
734 official. A local building official may not fail any inspection
735 performed by a private provider for not having the inspection
736 records at the job site if the inspection records have been
737 electronically transmitted to the local building official within
738 the 4-business-day requirement. The private provider shall
739 report to the local enforcement agency any condition that poses
740 an immediate threat to public safety and welfare.
741 (15)(13) Upon completion of all required inspections, the
742 private provider firm shall prepare a certificate of compliance,
743 on a form provided by the commission acceptable to the local
744 building official, summarizing the inspections performed and
745 including a written representation, under oath, that the stated
746 inspections have been performed and that, to the best of the
747 private provider's knowledge and belief, the building
748 construction inspected complies with the approved plans and
749 applicable codes. The certificate of compliance may be signed by
750 any qualified licensed individual employed full time by the
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751 private provider firm under whose authority the inspection was
752 completed. The statement required of the private provider shall
753 be substantially in the following form and shall be signed and
754 sealed by a private provider as established in subsection (1) or
755 may be electronically transmitted to the local building
756 official:
757
758 To the best of my knowledge and belief, the building
759 components and site improvements outlined herein and
760 inspected under my authority have been completed in
761 conformance with the approved plans and the applicable
762 codes.
763
764 (16)(a)(14)(a) The local building official may only
765 perform building inspections of construction that a private
766 provider has determined to be compliant with the applicable
767 codes if the local building official has actual knowledge that
768 the private provider did not perform the required inspections.
769 If the local building official has such knowledge, the local
770 building official must provide to the private provider written
771 notice of the facts and circumstances upon which the local
772 building official relied for such actual knowledge before
773 performing a required inspection. The local building official
774 may review forms and documents required under this section for
775 completeness only. No more than 10 business days, or if the
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776 permit is related to single-family or two-family dwellings then
777 no more than 2 business days, after receipt of a request for a
778 certificate of occupancy or certificate of completion and the
779 applicant's presentation of a certificate of compliance and
780 approval of all other government approvals required by law,
781 including the payment of all outstanding fees, the local
782 building official shall issue the certificate of occupancy or
783 certificate of completion or provide a notice to the applicant
784 of any incomplete forms or documents required under this section
785 identifying the specific deficiencies, as well as the specific
786 code chapters and sections.
787 (b) If the local building official does not provide notice
788 of any incomplete forms or documents the deficiencies within the
789 applicable time periods under paragraph (a), the request for a
790 certificate of occupancy or certificate of completion is
791 automatically granted and deemed issued as of the next business
792 day. The local building official must provide the applicant with
793 the written certificate of occupancy or certificate of
794 completion within 10 days after it is automatically granted and
795 issued. To resolve any identified issues deficiencies, the
796 applicant may elect to dispute the issues deficiencies pursuant
797 to subsection (17) (15) or to submit a corrected request for a
798 certificate of occupancy or certificate of completion.
799 (17)(15) If the local building official determines that
800 the building construction or plans do not comply with the
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801 applicable codes, the official may deny the permit or request
802 for a certificate of occupancy or certificate of completion, as
803 appropriate, or may issue a stop-work order for the project or
804 any portion thereof as provided by law, if the official
805 determines that the noncompliance poses an immediate threat to
806 public safety and welfare, subject to the following:
807 (a) The local building official shall be available to meet
808 with the private provider within 2 business days to resolve any
809 dispute after issuing a stop-work order or providing notice to
810 the applicant denying a permit or request for a certificate of
811 occupancy or certificate of completion.
812 (b) If the local building official and private provider
813 are unable to resolve the dispute, the matter shall be referred
814 to the local enforcement agency's board of appeals, if one
815 exists, which shall consider the matter at its next scheduled
816 meeting or sooner. Any decisions by the local enforcement
817 agency's board of appeals, or local building official if there
818 is no board of appeals, may be appealed to the commission as
819 provided by this chapter.
820 (c) Notwithstanding any provision of this section, any
821 decisions regarding the issuance of a building permit,
822 certificate of occupancy, or certificate of completion may be
823 reviewed by the local enforcement agency's board of appeals, if
824 one exists. Any decision by the local enforcement agency's board
825 of appeals, or local building official if there is no board of
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826 appeals, may be appealed to the commission as provided by this
827 chapter, which shall consider the matter at the commission's
828 next scheduled meeting.
829 (18)(16) For the purposes of this section, any notice to
830 be provided by the local building official shall be deemed to be
831 provided to the person or entity when successfully transmitted
832 to the e-mail address listed for that person or entity in the
833 permit application or revised permit application, or, if no e-
834 mail address is stated, when actually received by that person or
835 entity.
836 (19)(a)(17)(a) A local enforcement agency, local building
837 official, or local government may not adopt or enforce any laws,
838 rules, procedures, policies, qualifications, or standards more
839 stringent than those prescribed by this section.
840 (b) A local enforcement agency, local building official,
841 or local government may establish, for private providers,
842 private provider firms, and duly authorized representatives
843 working within that jurisdiction, a system of registration to
844 verify compliance with the licensure requirements of paragraph
845 (1)(n) and the insurance requirements of subsection (18).
846 (b)(c) This section does not limit the authority of the
847 local building official to issue a stop-work order for a
848 building project or any portion of the project, as provided by
849 law, if the official determines that a condition on the building
850 site constitutes an immediate threat to public safety and
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851 welfare.
852 (c) A local enforcement agency may not prohibit or limit
853 private providers from using virtual inspections if a virtual
854 inspection is not prohibited by any applicable code.
855 (20)(18) A private provider may perform building code
856 inspection services on a building project under this section
857 only if the private provider maintains insurance for
858 professional liability covering all services performed as a
859 private provider. Such insurance shall have minimum policy
860 limits of $1 million per occurrence and $2 million in the
861 aggregate for any project with a construction cost of $5 million
862 or less and $2 million per occurrence and $4 million in the
863 aggregate for any project with a construction cost of over $5
864 million. Nothing in this section limits the ability of a fee
865 owner to require additional insurance or higher policy limits.
866 For these purposes, the term "construction cost" means the total
867 cost of building construction as stated in the building permit
868 application. If the private provider chooses to secure claims-
869 made coverage to fulfill this requirement, the private provider
870 must also maintain coverage for a minimum of 5 years after
871 subsequent to the performance of building code inspection
872 services. The insurance required under this subsection shall be
873 written only by insurers authorized to do business in this state
874 with a minimum A.M. Best's rating of A. Before providing
875 building code inspection services within a local building
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876 official's jurisdiction, a private provider must provide to the
877 local building official a certificate of insurance evidencing
878 that the coverages required under this subsection are in force.
879 (21)(19) When performing building code inspection
880 services, a private provider is subject to the disciplinary
881 guidelines of the applicable professional board with
882 jurisdiction over his or her license or certification under
883 chapter 468, chapter 471, or chapter 481. All private providers
884 shall be subject to the disciplinary guidelines of s.
885 468.621(1)(c)-(h). Any complaint processing, investigation, and
886 discipline that arise out of a private provider's performance of
887 building code inspection services shall be conducted by the
888 applicable professional board.
889 (22)(20) A local building code enforcement agency may not
890 audit the performance of building code inspection services by
891 private providers operating within the local jurisdiction until
892 the agency has created standard operating private provider audit
893 procedures for the agency's internal inspection and review
894 staff, which includes, at a minimum, the private provider audit
895 purpose and scope, private provider audit criteria, an
896 explanation of private provider audit processes and objections,
897 and detailed findings of areas of noncompliance. Such private
898 provider audit procedures must be publicly available online, and
899 a printed version must be readily accessible in agency
900 buildings. The private provider audit results of staff for the
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901 prior two quarters also must be publicly available. The agency's
902 audit processes must adhere to the agency's posted standard
903 operating audit procedures. The same private provider or private
904 provider firm may not be audited more than four times in a year
905 unless the local building official determines a condition of a
906 building constitutes an immediate threat to public safety and
907 welfare, which must be communicated in writing to the private
908 provider or private provider firm. The private provider or
909 private provider firm must be given notice of each audit to be
910 performed at least 5 business days before the audit. Work on a
911 building or structure may proceed after inspection and approval
912 by a private provider. The work may not be delayed for
913 completion of an inspection audit by the local building code
914 enforcement agency.
915 (23)(21) The local government, the local building
916 official, and their building code enforcement personnel shall be
917 immune from liability to any person or party for any action or
918 inaction by a fee owner of a building, or by a private provider
919 or its duly authorized representative, in connection with
920 building code inspection services as authorized in this act. The
921 local government, local enforcement agency, local building
922 official, and building code enforcement personnel may not
923 prohibit or discourage the use of a private provider or a
924 private provider firm.
925 (24)(22) Notwithstanding any other law, a county, a
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926 municipality, a school district, or an independent special
927 district may use a private provider or a private provider firm,
928 or may employ a licensed building inspector as described in s.
929 468.603(5)(a) or a person who holds the same licensure or
930 certification as a private provider, to provide building code
931 inspection services for a public works project, an improvement,
932 a building, or any other structure that is owned by the county,
933 municipality, school district, or independent special district.
934 Section 5. Paragraph (a) of subsection (1) of section
935 553.792, Florida Statutes, is amended to read:
936 553.792 Building permit application to local government.—
937 (1)(a) A local government must approve, approve with
938 conditions, or deny a building permit application after receipt
939 of a completed and sufficient application within the following
940 timeframes, unless the applicant waives such timeframes in
941 writing:
942 1. Within 5 business days after receiving a complete and
943 sufficient application, for an applicant using a local
944 government plans reviewer to obtain the following building
945 permits for an existing single-family residential dwelling if
946 the value of the work is less than $15,000: structural,
947 accessory structure, alarm, electrical, irrigation, landscaping,
948 mechanical, plumbing, or roofing.
949 2.1. Within 30 business days after receiving a complete
950 and sufficient application, for an applicant using a local
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951 government plans reviewer to obtain the following building
952 permits if the structure is less than 7,500 square feet:
953 residential units, including a single-family residential unit or
954 a single-family residential dwelling, accessory structure,
955 alarm, electrical, irrigation, landscaping, mechanical,
956 plumbing, or roofing.
957 3.2. Within 60 business days after receiving a complete
958 and sufficient application, for an applicant using a local
959 government plans reviewer to obtain the following building
960 permits if the structure is 7,500 square feet or more:
961 residential units, including a single-family residential unit or
962 a single-family residential dwelling, accessory structure,
963 alarm, electrical, irrigation, landscaping, mechanical,
964 plumbing, or roofing.
965 4.3. Within 60 business days after receiving a complete
966 and sufficient application, for an applicant using a local
967 government plans reviewer to obtain the following building
968 permits: signs or nonresidential buildings that are less than
969 25,000 square feet.
970 5.4. Within 60 business days after receiving a complete
971 and sufficient application, for an applicant using a local
972 government plans reviewer to obtain the following building
973 permits: multifamily residential, not exceeding 50 units; site-
974 plan approvals and subdivision plats not requiring public
975 hearing or public notice; and lot grading and site alteration.
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976 6.5. Within 12 business days after receiving a complete
977 and sufficient application, for an applicant using a master
978 building permit consistent with s. 553.794 to obtain a site-
979 specific building permit.
980 7.6. Within 10 business days after receiving a complete
981 and sufficient application, for an applicant for a single-family
982 residential dwelling applied for by a contractor licensed in
983 this state on behalf of a property owner who participates in a
984 Community Development Block Grant-Disaster Recovery program
985 administered by the Department of Commerce, unless the permit
986 application fails to satisfy the Florida Building Code or the
987 enforcing agency's laws or ordinances.
988
989 However, the local government may not require the waiver of the
990 timeframes in this section as a condition precedent to reviewing
991 an applicant's building permit application.
992 Section 6. Paragraphs (b) through (m) of subsection (1) of
993 section 553.77, Florida Statutes, are redesignated as paragraphs
994 (c) through (n), respectively, present paragraph (c) of that
995 subsection is amended, and a new paragraph (b) is added to that
996 subsection, to read:
997 553.77 Specific powers of the commission.—
998 (1) The commission shall:
999 (b) By July 1, 2027, adopt by rule a uniform commercial
1000 building permit application to be used statewide for commercial
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1001 construction projects and a uniform residential building permit
1002 application to be used statewide for residential construction
1003 projects.
1004 (d)(c) Upon written application by any substantially
1005 affected person or a local enforcement agency, issue declaratory
1006 statements pursuant to s. 120.565 relating to new technologies,
1007 techniques, and materials which have been tested where necessary
1008 and found to meet the objectives of the Florida Building Code.
1009 This paragraph does not apply to the types of products,
1010 materials, devices, or methods of construction required to be
1011 approved under paragraph (g) (f).
1012 Section 7. Paragraph (c) is added to subsection (1) of
1013 section 720.3035, Florida Statutes, to read:
1014 720.3035 Architectural control covenants; parcel owner
1015 improvements; rights and privileges.—
1016 (1)
1017 (c) An association or any architectural, construction
1018 improvement, or other such similar committee of an association
1019 may not require a building permit to be issued by a governmental
1020 authority to a parcel owner as a prerequisite for review by the
1021 association or committee concerning the construction of
1022 structures or improvements on the parcel.
1023 Section 8. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
HB 803 by Rep. Trabulsy
Building Permits and Inspections
AMENDMENT SUMMARY
February 18, 2026
Amendment #044805 by Trabulsy (Strike-all):
• Creates requirements for the issuance of building permits for residential
distributed energy generation and backup power systems and establishes
requirements for the installation of such systems.
• Requires the building commission to adopt uniform building permit applications
that can be integrated with a local government’s existing building permit software
system, if feasible.
• Sets minimum percentages, 25 or 50 percent, that permit fees must be reduced
by when private providers are used for plans review or inspections.
• Clarifies that a building official must have knowledge that a private provider did
not perform required inspections before conducting an inspection.
• Clarifies that local governments can extend building permit expiration dates.
• The bill provides that a building permit is not required for certain work under
$7,500. The strike-all requires any person working under the exemption to give
notice to the local enforcement agency that they are doing work under the
exemption.
• Provides that a local government has no legal duty to the owner or contractor
when work is done on a project exempt from permitting.
• Clarifies that specific written authorization from an owner is required before using
a private provider and the decision to use a private provider may be made at any
time.
• Clarifies the timeline for single-trade plans review.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Trabulsy offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (d) of subsection (4) of section
7 125.56, Florida Statutes, is amended to read:
8 125.56 Enforcement and amendment of the Florida Building
9 Code and the Florida Fire Prevention Code; inspection fees;
10 inspectors; etc.—
11 (4)
12 (d) A county that issues building permits may send a
13 written notice of expiration, by e-mail or United States Postal
14 Service, to the owner of the property and the contractor listed
15 on the permit, no less than 30 days before a building permit is
16 set to expire. The written notice must identify the permit that
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Bill No. CS/HB 803 (2026)
Amendment No.
17 is set to expire and the date the permit will expire. A building
18 permit issued by a county for a single-family dwelling expires 1
19 year after the issuance of the permit or on the effective date
20 of the next edition of the Florida Building Code, whichever is
21 later; however, nothing in this subsection prevents a local
22 government from extending the building permit beyond the
23 expiration date.
24 Section 2. Paragraph (o) of subsection (1) of section
25 489.129, Florida Statutes, is amended to read:
26 489.129 Disciplinary proceedings.—
27 (1) The board may take any of the following actions
28 against any certificateholder or registrant: place on probation
29 or reprimand the licensee, revoke, suspend, or deny the issuance
30 or renewal of the certificate or registration, require financial
31 restitution to a consumer for financial harm directly related to
32 a violation of a provision of this part, impose an
33 administrative fine not to exceed $10,000 per violation, require
34 continuing education, or assess costs associated with
35 investigation and prosecution, if the contractor, financially
36 responsible officer, or business organization for which the
37 contractor is a primary qualifying agent, a financially
38 responsible officer, or a secondary qualifying agent responsible
39 under s. 489.1195 is found guilty of any of the following acts:
40 (o) Proceeding on any job without obtaining applicable
41 local building department permits and inspections, unless
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Amendment No.
42 otherwise provided by law.
43
44 For the purposes of this subsection, construction is considered
45 to be commenced when the contract is executed and the contractor
46 has accepted funds from the customer or lender. A contractor
47 does not commit a violation of this subsection when the
48 contractor relies on a building code interpretation rendered by
49 a building official or person authorized by s. 553.80 to enforce
50 the building code, absent a finding of fraud or deceit in the
51 practice of contracting, or gross negligence, repeated
52 negligence, or negligence resulting in a significant danger to
53 life or property on the part of the building official, in a
54 proceeding under chapter 120.
55 Section 3. Paragraphs (a), (b), (c), and (f) of subsection
56 (1) of section 553.79, Florida Statutes, are amended, and
57 paragraphs (g), (h), and (i) are added to that subsection, to
58 read:
59 553.79 Permits; applications; issuance; inspections.—
60 (1)(a) Unless otherwise provided by law, after the
61 effective date of the Florida Building Code adopted as herein
62 provided, it shall be unlawful for any person, firm,
63 corporation, or governmental entity to construct, erect, alter,
64 modify, repair, or demolish any building within this state
65 without first obtaining a permit therefor from the appropriate
66 enforcing agency or from such persons as may, by appropriate
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Amendment No.
67 resolution or regulation of the authorized state or local
68 enforcing agency, be delegated authority to issue such permits,
69 upon the payment of such reasonable fees adopted by the
70 enforcing agency. The enforcing agency is empowered to revoke
71 any such permit upon a determination by the agency that the
72 construction, erection, alteration, modification, repair, or
73 demolition of the building for which the permit was issued is in
74 violation of, or not in conformity with, the provisions of the
75 Florida Building Code. Whenever a permit required under this
76 section is denied or revoked because the plan, or the
77 construction, erection, alteration, modification, repair, or
78 demolition of a building, is found by the local enforcing agency
79 to be not in compliance with the Florida Building Code, the
80 local enforcing agency shall identify the specific plan or
81 project features that do not comply with the applicable codes,
82 identify the specific code chapters and sections upon which the
83 finding is based, and provide this information to the permit
84 applicant. A plans reviewer or building code administrator who
85 is responsible for issuing a denial, revocation, or modification
86 request but fails to provide to the permit applicant a reason
87 for denying, revoking, or requesting a modification, based on
88 compliance with the Florida Building Code or local ordinance, is
89 subject to disciplinary action against his or her license
90 pursuant to s. 468.621(1)(i). Installation, replacement,
91 removal, or metering of any load management control device is
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Amendment No.
92 exempt from and shall not be subject to the permit process and
93 fees otherwise required by this section.
94 (b) A local enforcement agency shall post each type of
95 building permit application, as adopted by the commission,
96 including a list of all required attachments, drawings, or other
97 requirements for each type of application, on its website. A
98 local enforcement agency must post and update the status of
99 every received application on its website until the issuance of
100 the building permit. A local enforcement agency must allow
101 applicants to submit completed applications, including payments,
102 attachments, drawings, or other requirements or parts of the
103 completed permit application, must be able to be submitted
104 electronically to the appropriate building department. Accepted
105 methods of electronic submission include, but are not limited
106 to, e-mail submission of applications in Portable Document
107 Format or submission of applications through an electronic fill-
108 in form available on the building department's website or
109 through a third-party submission management software. A building
110 official, at his or her discretion, may accept completed
111 applications, including payments, attachments, drawings, or
112 other requirements or parts of the completed permit application,
113 may also be submitted in person in a nonelectronic format, at
114 the discretion of the building official.
115 (c) A local government that issues building permits may
116 send a written notice of expiration, by e-mail or United States
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Amendment No.
117 Postal Service, to the owner of the property and the contractor
118 listed on the permit, no less than 30 days before a building
119 permit is set to expire. The written notice must identify the
120 permit that is set to expire and the date the permit will
121 expire. A building permit issued by a local government for a
122 single-family dwelling expires 1 year after the issuance of the
123 permit or on the effective date of the next edition of the
124 Florida Building Code, whichever is later; however, nothing in
125 this subsection prevents a local government from extending the
126 building permit beyond the expiration date.
127 (f) A local government may not require a contract between
128 a builder and an owner, any copies of such contract, or any
129 associated document, including, but not limited to, letters of
130 intent, material costs lists, labor costs, or overhead or profit
131 statements, for the issuance of a building permit or as a
132 requirement for the submission of a building permit application.
133 Inspection fees may not be based on the total cost of a project
134 and may not exceed the actual inspection costs incurred by the
135 local enforcement agency.
136 (g)1. A local government that issues building permits may
137 not require an owner of a single-family dwelling or the owner's
138 contractor to obtain a building permit to perform any work that
139 is valued at less than $7,500 on the owner's property. A
140 construction project may not be divided into more than one
141 project for the purpose of evading the requirements of this
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Amendment No.
142 section. However, a local government may require a building
143 permit for any electrical, plumbing, structural, mechanical, or
144 gas work performed on the property containing a single-family
145 dwelling regardless of the value of the work.
146 2. For any work performed under this exemption by a person
147 other than the property owner, the person performing the work
148 shall file a notice of permit exemption with the local
149 enforcement agency that includes the name and license number of
150 the person or entity hired, the scope of the work performed, the
151 property address at which the work was performed, and the value
152 of such work as proof that such work complies with subparagraph
153 1. Such notice must be filed not later than 30 days from the
154 date the work begins. The notice is not required for work
155 performed personally by the property owner. A local government
156 has no legal duty to the owner, contractor, or their successors
157 or assigns, for work performed pursuant to this paragraph.
158 (h)1. A local government that issues building permits may
159 not require an owner of a single-family dwelling or the owner's
160 contractor to obtain a building permit for the installation of
161 temporary residential hurricane and flood protection walls or
162 barriers that meet all of the following conditions:
163 a. The wall or barrier is nonhabitable and nonload-
164 bearing.
165 b. The wall or barrier is installed on the residential
166 property of a single-family or two-family dwelling or townhouse.
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Amendment No.
167 c. The wall or barrier is constructed to mitigate or
168 prevent storm surge or floodwaters from entering a structure or
169 property.
170 d. The wall or barrier is installed by a contractor
171 licensed under part I of chapter 489.
172 e. The wall or barrier complies with applicable local
173 zoning, drainage, easement, and setback requirements.
174 2. A local government has no legal duty to the owner,
175 contractor, or their successors or assigns, for work performed
176 pursuant to this paragraph.
177 3. The commission may adopt rules under s. 120.54 to
178 incorporate necessary standards to implement this paragraph.
179 (i) A local government that issues building permits may
180 not require a building permit for each lot or parcel upon which
181 a retaining wall is installed on the property of a single-family
182 or two-family residential dwelling or a townhouse.
183 Section 4. Section 553.791, Florida Statutes, is amended
184 to read:
185 553.791 Alternative plans review and inspection.—
186 (1) As used in this section, the term:
187 (a) "Applicable codes" means the Florida Building Code and
188 any local technical amendments to the Florida Building Code but
189 does not include the applicable minimum fire prevention and
190 firesafety codes adopted pursuant to chapter 633.
191 (b) "Audit" means the process to confirm that the building
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Amendment No.
192 code inspection services have been performed by the private
193 provider, including ensuring that the required affidavit for the
194 plan review has been properly completed and submitted with the
195 permit documents and that the minimum mandatory inspections
196 required under the building code have been performed and
197 properly recorded. The local building official may not replicate
198 the plan review or inspection being performed by the private
199 provider, unless expressly authorized by this section.
200 (c) "Building" means any construction, erection,
201 alteration, demolition, or improvement of, or addition to, any
202 structure or site work for which permitting by a local
203 enforcement agency is required.
204 (d) "Building code inspection services" means those
205 services described in s. 468.603(5) and (8) involving the review
206 of building plans as well as those services involving the review
207 of site plans and site work engineering plans or their
208 functional equivalent, to determine compliance with applicable
209 codes and those inspections required by law, conducted either in
210 person or virtually, of each phase of construction for which
211 permitting by a local enforcement agency is required to
212 determine compliance with applicable codes.
213 (e) "Deliver" or "delivery" means any method of delivery
214 used in conventional business or commercial practice, including
215 delivery by electronic transmissions such as e-mail or
216 submission through an electronic fill-in form available on the
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Amendment No.
217 building department's website or through a third-party
218 submission management software.
219 (f) "Duly authorized representative" means an agent of the
220 private provider identified in the permit application who
221 reviews plans or performs inspections as provided by this
222 section and who is licensed as an engineer under chapter 471 or
223 as an architect under chapter 481 or who holds a standard or
224 provisional certificate under part XII of chapter 468. A duly
225 authorized representative who only holds a provisional
226 certificate under part XII of chapter 468 must be under the
227 direct supervision of a person licensed as a building code
228 administrator under part XII of chapter 468.
229 (g) "Electronic signature" means any letters, characters,
230 or symbols manifested by electronic or similar means which are
231 executed or adopted by a party with an intent to authenticate a
232 writing or record.
233 (h) "Electronic transmission" or "submitted
234 electronically" means any form or process of communication not
235 directly involving the physical transfer of paper or another
236 tangible medium which is suitable for the retention, retrieval,
237 and reproduction of information by the recipient and is
238 retrievable in paper form by the receipt through an automated
239 process. All notices, documents, and applications provided for
240 in this section may be transmitted electronically and shall have
241 the same legal effect as if physically posted or mailed.
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Amendment No.
242 (i) "Electronically posted" means providing notices of
243 decisions, results, or records, including inspection records,
244 through the use of a website or other form of electronic
245 communication used to transmit or display information.
246 (j) "Immediate threat to public safety and welfare" means
247 a building code violation that, if allowed to persist,
248 constitutes an immediate hazard that could result in death,
249 serious bodily injury, or significant property damage. This
250 paragraph does not limit the authority of the local building
251 official to issue a Notice of Corrective Action at any time
252 during the construction of a building project or any portion of
253 such project if the official determines that a condition of the
254 building or portion thereof may constitute a hazard when the
255 building is put into use following completion as long as the
256 condition cited is shown to be in violation of the building code
257 or approved plans.
258 (k) "Local building official" means the individual within
259 the governing jurisdiction responsible for direct regulatory
260 administration or supervision of plans review, enforcement, and
261 inspection of any construction, erection, alteration,
262 demolition, or substantial improvement of, or addition to, any
263 structure for which permitting is required to indicate
264 compliance with applicable codes and includes any duly
265 authorized designee of such person.
266 (l) "Permit application" means a properly completed and
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267 submitted application for the requested building or construction
268 permit, including:
269 1. The plans reviewed by the private provider, or in the
270 case of a single-trade plans review where a private provider
271 uses an automated or software-based plans review system pursuant
272 to subsection (7) (6), the information reviewed by the automated
273 or software-based plans review system to determine compliance
274 with one or more applicable codes.
275 2. The affidavit from the private provider required under
276 subsection (7) (6).
277 3. Any applicable fees.
278 4. Any documents required by the local building official
279 to determine that the fee owner has secured all other government
280 approvals required by law.
281 (m) "Plans" means building plans, site engineering plans,
282 or site plans, or their functional equivalent, submitted by a
283 fee owner or fee owner's contractor to a private provider or
284 duly authorized representative for review.
285 (n) "Private provider" means a person licensed as a
286 building code administrator under part XII of chapter 468, as an
287 engineer under chapter 471, or as an architect under chapter
288 481. For purposes of performing inspections under this section
289 for additions and alterations that are limited to 1,000 square
290 feet or less to residential buildings, the term "private
291 provider" also includes a person who holds a standard
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292 certificate under part XII of chapter 468.
293 (o) "Private provider firm" means a business organization,
294 including a corporation, partnership, business trust, or other
295 legal entity, which offers services under this chapter to the
296 public through licensees who are acting as agents, employees,
297 officers, or partners of the firm. A person who is licensed as a
298 building code administrator under part XII of chapter 468, an
299 engineer under chapter 471, or an architect under chapter 481
300 may act as a private provider for an agent, employee, or officer
301 of the private provider firm.
302 (p) "Registration" means the roster of authorized private
303 provider firms held by each local enforcement agency.
304 (q)(p) "Request for certificate of occupancy or
305 certificate of completion" means a properly completed and
306 executed application for:
307 1. A certificate of occupancy or certificate of
308 completion.
309 2. A certificate of compliance from the private provider
310 required under subsection (15) (13).
311 3. Any applicable fees.
312 4. Any documents required by the local building official
313 to determine that the fee owner has secured all other government
314 approvals required by law.
315 (r)(q) "Single-trade inspection" or "single-trade plans
316 review" means any inspection or plans review focused on a single
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317 construction trade, such as plumbing, mechanical, or electrical.
318 The term includes, but is not limited to, inspections or plans
319 reviews of door or window replacements; fences and block walls
320 more than 6 feet high from the top of the wall to the bottom of
321 the footing; stucco or plastering; reroofing with no structural
322 alteration; solar energy and energy storage installations or
323 alterations; HVAC replacements; ductwork or fan replacements;
324 alteration or installation of wiring, lighting, and service
325 panels; water heater changeouts; sink replacements; and
326 repiping.
327 (s)(r) "Site work" means the portion of a construction
328 project that is not part of the building structure, including,
329 but not limited to, grading, excavation, landscape irrigation,
330 and installation of driveways.
331 (t)(s) "Stop-work order" means the issuance of any written
332 statement, written directive, or written order which states the
333 reason for the order and the conditions under which the cited
334 work will be permitted to resume.
335 (2)(a) Notwithstanding any other law or local government
336 ordinance or local policy, the fee owner of a building or
337 structure, or the fee owner's contractor upon explicit written
338 authorization from the fee owner, may choose at any time to use
339 a private provider to provide plans review or building code
340 inspection services with regard to such building or structure
341 and may make payment directly to the private provider for the
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342 provision of such services. All such services shall be the
343 subject of a written contract between the private provider, or
344 the private provider's firm, and the fee owner or the fee
345 owner's contractor, upon explicit written authorization of the
346 fee owner. The local enforcement agency may not require the
347 contract to be provided as part of the permit application or as
348 a condition for issuing a permit. The fee owner may elect to use
349 a private provider to provide plans review or required building
350 inspections, or both. However, if the fee owner or the fee
351 owner's contractor uses a private provider to provide plans
352 review, the local building official, in his or her discretion
353 and pursuant to duly adopted policies of the local enforcement
354 agency, may require the fee owner or the fee owner's contractor
355 to use a private provider to also provide required building
356 inspections.
357 (b) If a fee an owner or the fee owner's contractor
358 retains a private provider for purposes of plans review or
359 building inspection services, the local jurisdiction must reduce
360 the permit fee by the amount of cost savings realized by the
361 local enforcement agency for not having to perform such
362 services. Such reduction may be calculated on a flat fee or
363 percentage basis, or any other reasonable means by which a local
364 enforcement agency assesses the cost for its plans review or
365 inspection services. The permit fee must be based on the cost
366 incurred by the local jurisdiction, including the labor cost of
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367 the personnel providing such services and the clerical and
368 supervisory assistance required to comply with this section. The
369 local jurisdiction may not charge fees for plans review or
370 building inspections if the fee owner or the fee owner's
371 contractor hires a private provider to perform such services.
372 The local enforcement agency may not charge punitive
373 administrative fees when a fee owner has chosen to work with a
374 private provider; however, the local jurisdiction may charge a
375 reasonable administrative fee, which shall be based on the cost
376 that is actually incurred, including the labor cost of the
377 personnel providing the service, by the local jurisdiction or
378 attributable to the local jurisdiction for the clerical and
379 supervisory assistance required, or both.
380 (c) If a fee an owner or the fee owner's a contractor
381 retains a private provider for purposes of plans review or
382 building inspection services, the local jurisdiction must
383 provide equal access to all permitting and inspection documents
384 and reports to the private provider, owner, and contractor if
385 such access is provided by software that protects exempt records
386 from disclosure. Access to these documents must be promptly
387 provided.
388 (d) If an owner or a contractor retains a private provider
389 for purposes of plans review or building inspection services for
390 a commercial construction project, the local enforcement agency
391 must reduce the permit fee by at least 25 percent of the portion
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392 of the permit fee attributable to plans review or building
393 inspection services, as applicable. If an owner or a contractor
394 retains a private provider for all required plans review and
395 building inspection services, the local enforcement agency must
396 reduce the total permit fee by at least 50 percent of the amount
397 otherwise charged for such services. If a local enforcement
398 agency does not reduce its fees by at least the percentages
399 provided in this paragraph, the local enforcement agency
400 forfeits the ability to collect any fees for the commercial
401 construction project. The surcharge required by s. 553.721 must
402 be calculated based on the reduced permit fee. This paragraph
403 does not prohibit a local enforcement agency from reducing its
404 fees in excess of the percentages provided in this paragraph.
405 (e) A local government or local building official may not
406 require additional forms beyond those required at registration,
407 except for the written notice required under subsection (5), if
408 a fee owner or the fee owner's contractor uses a private
409 provider.
410 (3) A private provider and any duly authorized
411 representative may only perform building code inspection
412 services that are within the disciplines covered by that
413 person's licensure or certification under chapter 468, chapter
414 471, or chapter 481, including single-trade inspections. A
415 private provider may not provide building code inspection
416 services pursuant to this section upon any building designed or
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417 constructed by the private provider or the private provider's
418 firm.
419 (4) A local enforcement agency must create a registration
420 system for private providers and private provider firms working
421 in the local enforcement agency's jurisdiction. A local
422 enforcement agency must have a method to register and update
423 registration information electronically. The local enforcement
424 agency may not charge an administrative fee for registration or
425 updates to a registration. The private provider or private
426 provider firm must provide its contact information and verify
427 compliance with the licensure requirements of paragraph (1)(n)
428 or paragraph (1)(o), as applicable, and the insurance
429 requirements of subsection (20). The private provider or private
430 provider firm must register with the local enforcement agency in
431 the jurisdiction in which the provider or firm is working before
432 contracting to provide services in such jurisdiction. The
433 private provider or private provider firm must update its
434 registration within 5 business days after any change to the
435 provider's or firm's contact information, licensure, or
436 insurance coverage.
437 (5)(4) A fee owner or the fee owner's contractor using a
438 private provider to provide building code inspection services
439 shall notify the local building official in writing at the time
440 of permit application, or by 2 p.m. local time, 2 business days
441 before the first scheduled inspection by the local building
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442 official or building code enforcement agency that a private
443 provider has been contracted to perform the required inspections
444 of construction under this section, including single-trade
445 inspections, on a form to be adopted by the commission. The
446 local enforcement agency may not alter the form. This notice
447 must shall include the following information:
448 (a) The services to be performed by the private provider.
449 (b) The name, firm, address, telephone number, and e-mail
450 address of each private provider who is performing or will
451 perform such services, his or her professional license or
452 certification number, qualification statements or resumes, and,
453 if required by the local building official, a certificate of
454 insurance demonstrating that professional liability insurance
455 coverage is in place for the private provider's firm, the
456 private provider, and any duly authorized representative in the
457 amounts required by this section.
458 (c) An acknowledgment from the fee owner or the fee
459 owner's contractor in substantially the following form:
460
461 I have elected to use one or more private providers to
462 provide building code plans review and/or inspection
463 services on the building or structure that is the
464 subject of the enclosed permit application, as
465 authorized by s. 553.791, Florida Statutes. I
466 understand that the local building official may not
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467 review the plans submitted or perform the required
468 building inspections to determine compliance with the
469 applicable codes, except to the extent specified in
470 said law. Instead, plans review and/or required
471 building inspections will be performed by licensed or
472 certified personnel identified in the application. The
473 law requires minimum insurance requirements for such
474 personnel, but I understand that I may require more
475 insurance to protect my interests. By executing this
476 form, I acknowledge that I have made inquiry regarding
477 the competence of the licensed or certified personnel
478 and the level of their insurance and am satisfied that
479 my interests are adequately protected. I agree to
480 indemnify, defend, and hold harmless the local
481 government, the local building official, and their
482 building code enforcement personnel from any and all
483 claims arising from my use of these licensed or
484 certified personnel to perform building code
485 inspection services with respect to the building or
486 structure that is the subject of the enclosed permit
487 application.
488
489 If the fee owner or the fee owner's contractor makes any changes
490 to the listed private providers or the services to be provided
491 by those private providers, the fee owner or the fee owner's
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492 contractor shall, within 1 business day after any change or
493 within 2 business days before the next scheduled inspection,
494 update the notice to reflect such changes. A change of a duly
495 authorized representative named in the permit application does
496 not require a revision of the permit, and the building code
497 enforcement agency shall not charge a fee for making the change.
498 (6)(5) After construction has commenced and if either the
499 local building official is unable to provide inspection services
500 in a timely manner or the work subject to inspection is related
501 to a single-trade inspection for a single-family or two-family
502 dwelling, the fee owner or the fee owner's contractor may elect
503 to use a private provider to provide inspection services for a
504 single-trade inspection for a single-family or two-family
505 dwelling by notifying the local building official of the owner's
506 or contractor's intention to do so by 2 p.m. local time, 2
507 business days before the next scheduled inspection using the
508 notice provided for in paragraphs (5)(a)-(c) (4)(a)-(c).
509 (7)(6) A private provider performing plans review under
510 this section shall review the plans to determine compliance with
511 the applicable codes. For single-trade plans reviews, a private
512 provider may use an automated or software-based plans review
513 system designed to determine compliance with one or more
514 applicable codes, including, but not limited to, the National
515 Electrical Code and the Florida Building Code. Upon determining
516 that the plans reviewed comply with the applicable codes, the
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517 private provider shall prepare an affidavit or affidavits
518 certifying, under oath, that the following is true and correct
519 to the best of the private provider's knowledge and belief:
520 (a) The plans were reviewed by the affiant, who is duly
521 authorized to perform plans review pursuant to this section and
522 holds the appropriate license or certificate.
523 (b) The plans comply with the applicable codes.
524
525 Such affidavit may bear a written or electronic signature and
526 may be submitted electronically to the local building official.
527 A local enforcement agency must accept electronically submitted
528 affidavits.
529 (8)(a) The local building official may not review plans,
530 construction drawings, or any other related documents determined
531 by a private provider to be compliant with the applicable codes.
532 (b) The local building official may review other forms and
533 documents required under this section for completeness only. The
534 local building official must provide written notice to a permit
535 applicant of any incomplete forms or documents required under
536 this section no later than 10 days after receipt of a permit
537 application, or if the permit application is related to a
538 single-trade plans review for a single-family or two-family
539 dwelling, no more than 5 business days, and an affidavit from
540 the private provider as required in subsection (7). The written
541 notice must state with specificity which forms or documents are
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542 incomplete.
543 (7)(a) No more than 20 business days, or if the permit
544 application is related to a single-trade plans review for a
545 single-family or two-family dwelling, no more than 5 business
546 days, after receipt of a permit application and the affidavit
547 from the private provider required pursuant to subsection (6),
548 the local building official shall issue the requested permit or
549 provide a written notice to the permit applicant identifying the
550 specific plan features that do not comply with the applicable
551 codes, as well as the specific code chapters and sections. If
552 the local building official does not provide such a written
553 notice of the plan deficiencies within the prescribed time
554 period, the permit application must be deemed approved as a
555 matter of law, and the permit must be issued by the local
556 building official on the next business day.
557 (c)(b) If the local building official provides a written
558 notice of plan deficiencies to the permit applicant of any
559 incomplete forms or documents required under this section at the
560 time of plan submission within the prescribed time period, such
561 the time period is tolled pending resolution of the matter. To
562 resolve the issues raised in the notice plan deficiencies, the
563 permit applicant may elect to dispute the issues deficiencies
564 pursuant to subsection (17) (15) or to submit revisions to
565 correct the issues deficiencies.
566 (d)(c) If the permit applicant submits revisions, the
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567 local building official has the remainder of the tolled 10-day
568 or 5-day time period plus 5 business days after the date of
569 resubmittal to issue the requested permit or to provide a second
570 written notice to the permit applicant stating which of the
571 previously identified forms or documents plan features remain
572 incomplete in noncompliance with the applicable codes, with
573 specific reference to the relevant code chapters and sections.
574 Any subsequent review by the local building official is limited
575 to the issues deficiencies cited in the original written notice.
576 If the local building official does not provide the second
577 written notice within the prescribed time period, the permit
578 must be deemed approved as a matter of law, and the local
579 building official must issue the permit on the next business
580 day.
581 (e)(d) If the local building official provides a second
582 written notice of plan deficiencies to the permit applicant
583 within the prescribed time period, the permit applicant may
584 elect to dispute the issues raised in the second notice
585 deficiencies pursuant to subsection (17) (15) or to submit
586 additional revisions to correct the issues deficiencies. For all
587 revisions submitted after the first revision, the local building
588 official has an additional 5 business days after the date of
589 resubmittal to issue the requested permit or to provide a
590 written notice to the permit applicant stating which of the
591 previously identified forms or documents plan features remain
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592 incomplete. If the local building official does not provide the
593 notice within the prescribed time period, the permit shall be
594 deemed approved as a matter of law, and the local building
595 official must issue the permit on the next business day in
596 noncompliance with the applicable codes, with specific reference
597 to the relevant code chapters and sections.
598 (9)(8) A private provider performing required inspections
599 under this section shall inspect each phase of construction as
600 required by the applicable codes. Such inspection, including a
601 single-trade inspection, may be performed in person or
602 virtually. The private provider may have a duly authorized
603 representative perform the required inspections, provided all
604 required reports are prepared by and bear the written or
605 electronic signature of the private provider or the private
606 provider's duly authorized representative. The duly authorized
607 representative must be an employee of the private provider
608 entitled to receive reemployment assistance benefits under
609 chapter 443. The contractor's contractual or legal obligations
610 are not relieved by any action of the private provider.
611 (10)(9) A private provider performing required inspections
612 under this section shall provide notice to the local building
613 official of the approximate date and time of any such
614 inspection. The local building official may not prohibit the
615 private provider from performing any inspection outside the
616 local building official's normal operating hours, including
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617 after hours, weekends, or holidays. The local building official
618 may visit the building site as often as necessary to verify that
619 the private provider is performing all required inspections. A
620 deficiency notice must be posted by the private provider, the
621 duly authorized representative of the private provider, or the
622 building department whenever a noncomplying item related to the
623 building code or the permitted documents is found. Such notice
624 may be physically posted at the job site or electronically
625 posted. After corrections are made, the item must be reinspected
626 by the private provider or the representative of the private
627 provider before being concealed. Reinspection or reaudit fees
628 shall not be charged by The local jurisdiction may not charge
629 reinspection or reaudit fees as a result of the local
630 jurisdiction's audit inspection occurring before the performance
631 of the private provider's inspection or for any other
632 administrative matter not involving the detection of a violation
633 of the building code or a permit requirement.
634 (11) A local enforcement agency is not responsible for the
635 regulatory administration or supervision of building code
636 inspection services performed by a private provider hired by a
637 fee owner or the fee owner's contractor. A local enforcement
638 agency may not require additional verification of licensure or
639 insurance requirements beyond that which is required at
640 registration.
641 (12)(10) If the private provider is a person licensed as
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642 an engineer under chapter 471 or an architect under chapter 481
643 and affixes his or her professional seal to the affidavit
644 required under subsection (7) (6), the local building official
645 must issue the requested permit or provide a written notice to
646 the permit applicant identifying the specific plan features that
647 do not comply with the applicable codes, as well as the specific
648 code chapters and sections, within 10 business days after
649 receipt of the permit application and affidavit. In such written
650 notice, the local building official must provide with
651 specificity the plan's deficiencies, the reasons the permit
652 application failed, and the applicable codes being violated. If
653 the local building official does not provide specific written
654 notice to the permit applicant within the prescribed 10-day
655 period, the permit application is deemed approved as a matter of
656 law, and the local building official must issue the permit on
657 the next business day.
658 (13)(11) If equipment replacements and repairs must be
659 performed in an emergency situation, subject to the emergency
660 permitting provisions of the Florida Building Code, a private
661 provider may perform emergency inspection services without first
662 notifying the local building official pursuant to subsection
663 (9). A private provider must conduct the inspection within 3
664 business days after being contacted to conduct an emergency
665 inspection and must submit the inspection report to the local
666 building official within 1 day after the inspection is
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667 completed.
668 (14)(12) Upon completing the required inspections at each
669 applicable phase of construction, the private provider shall
670 record such inspections on a form provided by the commission
671 acceptable to the local building official. The form must bear
672 the written or electronic signature of the private provider or
673 the private provider's duly authorized representative. These
674 inspection records must shall reflect those inspections required
675 by the applicable codes of each phase of construction for which
676 permitting by a local enforcement agency is required. The
677 private provider, upon completion of the required inspection,
678 shall post each completed inspection record, indicating pass or
679 fail, and provide the record to the local building official
680 within 4 2 business days. Such inspection record may be
681 electronically posted by the private provider, or the private
682 provider may post such inspection record physically at the
683 project site. The private provider may electronically transmit
684 the record to the local building official. The local building
685 official may waive the requirement to provide a record of each
686 inspection within 4 2 business days if the record is
687 electronically posted or posted at the project site and all such
688 inspection records are submitted with the certificate of
689 compliance. Unless the records have been electronically posted
690 or transmitted, records of all required and completed
691 inspections shall be maintained at the building site at all
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692 times and made available for review by the local building
693 official. A local building official may not fail any inspection
694 performed by a private provider for not having the inspection
695 records at the job site if the inspection records have been
696 electronically transmitted to the local building official within
697 the 4-business-day requirement. The private provider shall
698 report to the local enforcement agency any condition that poses
699 an immediate threat to public safety and welfare.
700 (15)(13) Upon completion of all required inspections, the
701 private provider firm shall prepare a certificate of compliance,
702 on a form provided by the commission acceptable to the local
703 building official, summarizing the inspections performed and
704 including a written representation, under oath, that the stated
705 inspections have been performed and that, to the best of the
706 private provider's knowledge and belief, the building
707 construction inspected complies with the approved plans and
708 applicable codes. The certificate of compliance may be signed by
709 any qualified licensed individual employed full time by the
710 private provider firm under whose authority the inspection was
711 completed. The statement required of the private provider shall
712 be substantially in the following form and shall be signed and
713 sealed by a private provider as established in subsection (1) or
714 may be electronically transmitted to the local building
715 official:
716
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717 To the best of my knowledge and belief, the building
718 components and site improvements outlined herein and
719 inspected under my authority have been completed in
720 conformance with the approved plans and the applicable
721 codes.
722
723 (16)(a)(14)(a) The local building official may only
724 perform building inspections of construction that a private
725 provider has determined to be compliant with the applicable
726 codes if the local building official has knowledge that the
727 private provider did not perform the required inspections. If
728 the local building official has such knowledge, the local
729 building official must provide to the private provider written
730 notice of the facts and circumstances upon which the local
731 building official relied for such knowledge before performing a
732 required inspection. The local building official may review
733 forms and documents required under this section for completeness
734 only. No more than 10 business days, or if the permit is related
735 to single-family or two-family dwellings then no more than 2
736 business days, after receipt of a request for a certificate of
737 occupancy or certificate of completion and the applicant's
738 presentation of a certificate of compliance and approval of all
739 other government approvals required by law, including the
740 payment of all outstanding fees, the local building official
741 shall issue the certificate of occupancy or certificate of
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742 completion or provide a notice to the applicant of any
743 incomplete forms or documents required under this section
744 identifying the specific deficiencies, as well as the specific
745 code chapters and sections.
746 (b) If the local building official does not provide notice
747 of any incomplete forms or documents the deficiencies within the
748 applicable time periods under paragraph (a), the request for a
749 certificate of occupancy or certificate of completion is
750 automatically granted and deemed issued as of the next business
751 day. The local building official must provide the applicant with
752 the written certificate of occupancy or certificate of
753 completion within 10 days after it is automatically granted and
754 issued. To resolve any identified issues deficiencies, the
755 applicant may elect to dispute the issues deficiencies pursuant
756 to subsection (17) (15) or to submit a corrected request for a
757 certificate of occupancy or certificate of completion.
758 (17)(15) If the local building official determines that
759 the building construction or plans do not comply with the
760 applicable codes, the official may deny the permit or request
761 for a certificate of occupancy or certificate of completion, as
762 appropriate, or may issue a stop-work order for the project or
763 any portion thereof as provided by law, if the official
764 determines that the noncompliance poses an immediate threat to
765 public safety and welfare, subject to the following:
766 (a) The local building official shall be available to meet
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Bill No. CS/HB 803 (2026)
Amendment No.
767 with the private provider within 2 business days to resolve any
768 dispute after issuing a stop-work order or providing notice to
769 the applicant denying a permit or request for a certificate of
770 occupancy or certificate of completion.
771 (b) If the local building official and private provider
772 are unable to resolve the dispute, the matter shall be referred
773 to the local enforcement agency's board of appeals, if one
774 exists, which shall consider the matter at its next scheduled
775 meeting or sooner. Any decisions by the local enforcement
776 agency's board of appeals, or local building official if there
777 is no board of appeals, may be appealed to the commission as
778 provided by this chapter.
779 (c) Notwithstanding any provision of this section, any
780 decisions regarding the issuance of a building permit,
781 certificate of occupancy, or certificate of completion may be
782 reviewed by the local enforcement agency's board of appeals, if
783 one exists. Any decision by the local enforcement agency's board
784 of appeals, or local building official if there is no board of
785 appeals, may be appealed to the commission as provided by this
786 chapter, which shall consider the matter at the commission's
787 next scheduled meeting.
788 (18)(16) For the purposes of this section, any notice to
789 be provided by the local building official shall be deemed to be
790 provided to the person or entity when successfully transmitted
791 to the e-mail address listed for that person or entity in the
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Bill No. CS/HB 803 (2026)
Amendment No.
792 permit application or revised permit application, or, if no e-
793 mail address is stated, when actually received by that person or
794 entity.
795 (19)(a)(17)(a) A local enforcement agency, local building
796 official, or local government may not adopt or enforce any laws,
797 rules, procedures, policies, qualifications, or standards more
798 stringent than those prescribed by this section.
799 (b) A local enforcement agency, local building official,
800 or local government may establish, for private providers,
801 private provider firms, and duly authorized representatives
802 working within that jurisdiction, a system of registration to
803 verify compliance with the licensure requirements of paragraph
804 (1)(n) and the insurance requirements of subsection (18).
805 (b)(c) This section does not limit the authority of the
806 local building official to issue a stop-work order for a
807 building project or any portion of the project, as provided by
808 law, if the official determines that a condition on the building
809 site constitutes an immediate threat to public safety and
810 welfare.
811 (c) A local enforcement agency may not prohibit or limit
812 private providers from using virtual inspections if a virtual
813 inspection is not prohibited by any applicable code.
814 (20)(18) A private provider may perform building code
815 inspection services on a building project under this section
816 only if the private provider maintains insurance for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
817 professional liability covering all services performed as a
818 private provider. Such insurance shall have minimum policy
819 limits of $1 million per occurrence and $2 million in the
820 aggregate for any project with a construction cost of $5 million
821 or less and $2 million per occurrence and $4 million in the
822 aggregate for any project with a construction cost of over $5
823 million. Nothing in this section limits the ability of a fee
824 owner to require additional insurance or higher policy limits.
825 For these purposes, the term "construction cost" means the total
826 cost of building construction as stated in the building permit
827 application. If the private provider chooses to secure claims-
828 made coverage to fulfill this requirement, the private provider
829 must also maintain coverage for a minimum of 5 years after
830 subsequent to the performance of building code inspection
831 services. The insurance required under this subsection shall be
832 written only by insurers authorized to do business in this state
833 with a minimum A.M. Best's rating of A. Before providing
834 building code inspection services within a local building
835 official's jurisdiction, a private provider must provide to the
836 local building official a certificate of insurance evidencing
837 that the coverages required under this subsection are in force.
838 (21)(19) When performing building code inspection
839 services, a private provider is subject to the disciplinary
840 guidelines of the applicable professional board with
841 jurisdiction over his or her license or certification under
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
842 chapter 468, chapter 471, or chapter 481. All private providers
843 shall be subject to the disciplinary guidelines of s.
844 468.621(1)(c)-(h). Any complaint processing, investigation, and
845 discipline that arise out of a private provider's performance of
846 building code inspection services shall be conducted by the
847 applicable professional board.
848 (22)(20) A local building code enforcement agency may not
849 audit the performance of building code inspection services by
850 private providers operating within the local jurisdiction until
851 the agency has created standard operating private provider audit
852 procedures for the agency's internal inspection and review
853 staff, which includes, at a minimum, the private provider audit
854 purpose and scope, private provider audit criteria, an
855 explanation of private provider audit processes and objections,
856 and detailed findings of areas of noncompliance. Such private
857 provider audit procedures must be publicly available online, and
858 a printed version must be readily accessible in agency
859 buildings. The private provider audit results of staff for the
860 prior two quarters also must be publicly available. The agency's
861 audit processes must adhere to the agency's posted standard
862 operating audit procedures. The same private provider or private
863 provider firm may not be audited more than four times in a year
864 unless the local building official determines a condition of a
865 building constitutes an immediate threat to public safety and
866 welfare, which must be communicated in writing to the private
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
867 provider or private provider firm. The private provider or
868 private provider firm must be given notice of each audit to be
869 performed at least 5 business days before the audit. Work on a
870 building or structure may proceed after inspection and approval
871 by a private provider. The work may not be delayed for
872 completion of an inspection audit by the local building code
873 enforcement agency.
874 (23)(21) The local government, the local building
875 official, and their building code enforcement personnel shall be
876 immune from liability to any person or party for any action or
877 inaction by a fee owner of a building, or by a private provider
878 or its duly authorized representative, in connection with
879 building code inspection services as authorized in this act. The
880 local government, local enforcement agency, local building
881 official, and building code enforcement personnel may not
882 prohibit or discourage the use of a private provider or a
883 private provider firm.
884 (24)(22) Notwithstanding any other law, a county, a
885 municipality, a school district, or an independent special
886 district may use a private provider or a private provider firm,
887 or may employ a licensed building inspector as described in s.
888 468.603(5)(a) or a person who holds the same licensure or
889 certification as a private provider, to provide building code
890 inspection services for a public works project, an improvement,
891 a building, or any other structure that is owned by the county,
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Bill No. CS/HB 803 (2026)
Amendment No.
892 municipality, school district, or independent special district.
893 Section 5. Paragraph (a) of subsection (1) of section
894 553.792, Florida Statutes, is amended to read:
895 553.792 Building permit application to local government.—
896 (1)(a) A local government must approve, approve with
897 conditions, or deny a building permit application after receipt
898 of a completed and sufficient application within the following
899 timeframes, unless the applicant waives such timeframes in
900 writing:
901 1. Within 5 business days after receiving a complete and
902 sufficient application, for an applicant using a local
903 government plans reviewer to obtain the following building
904 permits for an existing single-family residential dwelling if
905 the value of the work is less than $15,000: structural,
906 accessory structure, alarm, electrical, gas, irrigation,
907 landscaping, mechanical, plumbing, or roofing.
908 2.1. Within 30 business days after receiving a complete
909 and sufficient application, for an applicant using a local
910 government plans reviewer to obtain the following building
911 permits if the structure is less than 7,500 square feet:
912 residential units, including a single-family residential unit or
913 a single-family residential dwelling, accessory structure,
914 alarm, electrical, irrigation, landscaping, mechanical,
915 plumbing, or roofing.
916 3.2. Within 60 business days after receiving a complete
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
917 and sufficient application, for an applicant using a local
918 government plans reviewer to obtain the following building
919 permits if the structure is 7,500 square feet or more:
920 residential units, including a single-family residential unit or
921 a single-family residential dwelling, accessory structure,
922 alarm, electrical, irrigation, landscaping, mechanical,
923 plumbing, or roofing.
924 4.3. Within 60 business days after receiving a complete
925 and sufficient application, for an applicant using a local
926 government plans reviewer to obtain the following building
927 permits: signs or nonresidential buildings that are less than
928 25,000 square feet.
929 5.4. Within 60 business days after receiving a complete
930 and sufficient application, for an applicant using a local
931 government plans reviewer to obtain the following building
932 permits: multifamily residential, not exceeding 50 units; site-
933 plan approvals and subdivision plats not requiring public
934 hearing or public notice; and lot grading and site alteration.
935 6.5. Within 12 business days after receiving a complete
936 and sufficient application, for an applicant using a master
937 building permit consistent with s. 553.794 to obtain a site-
938 specific building permit.
939 7.6. Within 10 business days after receiving a complete
940 and sufficient application, for an applicant for a single-family
941 residential dwelling applied for by a contractor licensed in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
942 this state on behalf of a property owner who participates in a
943 Community Development Block Grant-Disaster Recovery program
944 administered by the Department of Commerce, unless the permit
945 application fails to satisfy the Florida Building Code or the
946 enforcing agency's laws or ordinances.
947
948 However, the local government may not require the waiver of the
949 timeframes in this section as a condition precedent to reviewing
950 an applicant's building permit application.
951 Section 6. Paragraphs (b) through (m) of subsection (1) of
952 section 553.77, Florida Statutes, are redesignated as paragraphs
953 (c) through (n), respectively, present paragraph (c) of that
954 subsection is amended, and a new paragraph (b) is added to that
955 subsection, to read:
956 553.77 Specific powers of the commission.—
957 (1) The commission shall:
958 (b) By July 1, 2027, adopt by rule a uniform commercial
959 building permit application to be used statewide for commercial
960 construction projects and a uniform residential building permit
961 application to be used statewide for residential construction
962 projects. To the extent feasible, the uniform building permit
963 applications adopted by the commission shall be capable of
964 integration with existing building permit software systems
965 utilized by local governments and must account for local
966 amendments to the Florida Building Code.
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Bill No. CS/HB 803 (2026)
Amendment No.
967 (d)(c) Upon written application by any substantially
968 affected person or a local enforcement agency, issue declaratory
969 statements pursuant to s. 120.565 relating to new technologies,
970 techniques, and materials which have been tested where necessary
971 and found to meet the objectives of the Florida Building Code.
972 This paragraph does not apply to the types of products,
973 materials, devices, or methods of construction required to be
974 approved under paragraph (g) (f).
975 Section 7. Paragraph (c) is added to subsection (1) of
976 section 720.3035, Florida Statutes, to read:
977 720.3035 Architectural control covenants; parcel owner
978 improvements; rights and privileges.—
979 (1)
980 (c) An association or any architectural, construction
981 improvement, or other such similar committee of an association
982 may not require a building permit to be issued by a governmental
983 authority to a parcel owner as a prerequisite for review by the
984 association or committee concerning the construction of
985 structures or improvements on the parcel.
986 Section 8. Section 553.382, Florida Statutes, is amended
987 to read:
988 553.382 Placement of certain housing.—Notwithstanding any
989 other law or ordinance to the contrary, in order to expand the
990 availability of affordable housing in this state, any
991 residential manufactured building that is certified under this
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
992 chapter by the department may not be denied a building permit
993 for placement be placed on a mobile home lot in a mobile home
994 park, on any lot in a recreational vehicle park, or in a mobile
995 home condominium, cooperative, or subdivision. Any such housing
996 unit placed on a mobile home lot is a mobile home for purposes
997 of chapter 723 and, therefore, all rights, obligations, and
998 duties under chapter 723 apply, including the specifics of the
999 prospectus. However, a housing unit subject to this section may
1000 not be placed on a mobile home lot without the prior written
1001 approval of the park owner. Each housing unit located on a
1002 mobile home lot and subject to this section shall be taxed as a
1003 mobile home under s. 320.08(11) and is subject to payments to
1004 the Florida Mobile Home Relocation Fund under s. 723.06116.
1005 Section 9. Section 553.796, Florida Statutes, is created
1006 to read:
1007 553.796 Building permits for residential distributed
1008 energy generation and backup power systems.—
1009 (1) As used in this section, the term:
1010 (a) "Distributed energy generation system" means equipment
1011 and associated components installed as a fixture at a one-family
1012 or two-family dwelling or townhouse used to generate electrical
1013 energy primarily for the purpose of offsetting part or all of
1014 the electricity requirements of the dwelling or townhouse and
1015 which is capable of providing no more than 50 kilowatts of
1016 electrical output to the dwelling or townhouse.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1017 (b) "Backup power system" means equipment and associated
1018 components installed as a fixture at a one-family or two-family
1019 dwelling or townhouse to generate or store electrical energy
1020 primarily for intermittent use for the purpose of providing on-
1021 site electrical power during utility outages, load management,
1022 resiliency, or other similar purposes and which is capable of
1023 providing no more than 50 kilowatts of electrical output to the
1024 dwelling or townhouse or, if the system includes energy storage,
1025 has an aggregate storage capacity of no more than 100 kilowatt
1026 hours. The term does not include a distributed energy
1027 generation system.
1028 (2)(a) A local enforcement agency must issue a building
1029 permit for the design, installation, relocation, replacement, or
1030 repair of a distributed energy generation system that is
1031 installed by a contractor licensed under chapter 489 and
1032 qualified to install such system or a public utility that is
1033 exempt from licensure under s. 489.503(4) or 489.103(5), if
1034 plans signed and sealed by a Florida licensed professional
1035 engineer have been submitted. A contractor licensed under
1036 chapter 489 and qualified to install such system, not the local
1037 enforcement agency, must determine if the system meets the
1038 definition of a distributed energy generation system under
1039 subsection (1). The local enforcement agency shall issue the
1040 permit within 1 business day after the date on which an
1041 application is submitted and may not require any additional
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Bill No. CS/HB 803 (2026)
Amendment No.
1042 plans review or other approval as a condition of issuing the
1043 permit. A licensed contractor may commence work immediately upon
1044 submitting such application under this section and does not have
1045 to wait for the permit to be issued; however, all rules related
1046 to interconnection of the system must be complied with before
1047 utilizing the interconnection.
1048 (b) A local enforcement agency must issue a building
1049 permit for the design, installation, relocation, replacement, or
1050 repair of a backup power system that is installed by a
1051 contractor licensed under chapter 489 or 527 qualified to
1052 install such system or a public utility that is exempt from
1053 licensure under s. 489.503(4) or 489.103(5). A contractor
1054 licensed under chapter 489 or 527 and qualified to install such
1055 system, not the local enforcement agency, must determine if the
1056 system meets the definition of a backup power system under
1057 subsection (1). The local enforcement agency shall issue the
1058 permit within 1 business day after the date on which an
1059 application is submitted and may not require any additional
1060 plans review or other approval as a condition of issuing the
1061 permit. A licensed contractor may commence work immediately upon
1062 submitting such application under this section and does not have
1063 to wait for the permit to be issued.
1064 (3) The installation of a distributed energy generation or
1065 backup power system performed by an owner and not a contractor
1066 does not qualify for permitting under subsection (2) and the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1067 owner must proceed under otherwise applicable permitting
1068 requirements. This section does not authorize unlicensed
1069 contracting.
1070 (4) Notwithstanding chapters 125 and 166 or any other law,
1071 a county, municipality, or special district may not adopt or
1072 enforce an ordinance, a rule, or any other measure related to
1073 the installation, relocation, replacement, or repair of
1074 distributed energy generation or backup power systems, beyond
1075 enforcing the standards contained in the Florida Building Code
1076 and the Florida Fire Prevention Code.
1077 (5)(a) A local enforcement agency may conduct an
1078 inspection, in person or virtually, of a distributed energy
1079 generation or backup power system to verify compliance with the
1080 Florida Building Code and the Florida Fire Prevention Code. A
1081 local enforcement agency may not require more than one
1082 inspection of a backup power system except in the case of
1083 noncompliance as provided in subsection (6).
1084 (b) An owner or the owner's contractor may choose to have
1085 the inspection of a distributed energy generation or backup
1086 power system performed by a private provider in accordance with
1087 s. 553.791. A private provider must adhere to the timelines for
1088 emergency inspections and submittal requirements of inspection
1089 reports. The procedures in s. 553.791(13) apply to inspections
1090 under this section that are performed by a private provider.
1091 (6) If a local enforcement agency finds that an owner or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1092 the owner's contractor has not complied with this section, the
1093 local enforcement agency must provide to the owner or contractor
1094 a written notice of correction that cites the specific code
1095 sections that are out of compliance and the required remedy to
1096 correct such noncompliance. The local enforcement agency may
1097 issue a stop-work order only to address an immediate danger to
1098 life or safety and only for the affected portion of the work
1099 being performed. Upon request by the owner or the owner's
1100 contractor after the noncompliance has been corrected, the local
1101 enforcement agency must reinspect within 2 business days after
1102 such request or on the next day inspections are being conducted,
1103 whichever is earlier. If a reinspection does not occur within
1104 the required timeframe, a private provider inspection report
1105 completed pursuant to s. 553.791 constitutes acceptance and
1106 approval on the part of the local enforcement agency upon
1107 submission by the contractor.
1108 (7) A failed inspection report of a distributed energy
1109 generation or backup power system installed at or serving an
1110 existing and occupied one-family or two-family dwelling or
1111 townhouse may not be the sole basis for a local enforcement
1112 agency to withhold or revoke a certificate of occupancy for the
1113 dwelling or townhouse. Instead, the local enforcement agency may
1114 withhold authorization to energize the distributed energy
1115 generation or backup power system until any corrections are
1116 performed and verified.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1117 (8)(a) A person who installs, alters, replaces, repairs,
1118 or modifies a distributed energy generation or backup power
1119 system must notify each entity that supplies energy or fuel to
1120 the dwelling or townhouse to which the system is affixed. Such
1121 notification must be made within a reasonable timeframe before
1122 the date on which the system is installed, altered, replaced,
1123 repaired, or modified.
1124 (b) As applicable, one or more of the following entities
1125 require notification under paragraph (a):
1126 1. An electric utility as defined in s. 366.02.
1127 2. A natural gas utility as defined in s. 366.04(3)(c).
1128 3. A Category I liquefied petroleum gas dealer as defined
1129 in s. 527.01(6).
1130 (9) This section does not alter or abridge the
1131 jurisdiction of the Public Service Commission under chapter 366,
1132 Florida Statutes, the exemptions for municipal utilities and
1133 cooperatives under s. 366.11, Florida Statutes, or requirements
1134 adopted pursuant to s. 366.91 relating to interconnection and
1135 net metering. This section does not affect any tariff, service
1136 policy, or interconnection requirement of a utility or
1137 cooperative.
1138 Section 10. This act shall take effect July 1, 2026.
1139
1140
1141 -----------------------------------------------------
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1142 T I T L E A M E N D M E N T
1143 Remove everything before the enacting clause and insert:
1144 An act relating to building permits and inspections;
1145 amending s. 125.56, F.S.; providing for expiration of
1146 certain building permits issued by a county; amending
1147 s. 489.129, F.S.; providing that certain persons are
1148 not subject to discipline for performing a job without
1149 applicable permits and inspections if otherwise
1150 authorized by law; amending s. 553.79, F.S.; providing
1151 for expiration of certain building permits issued by a
1152 local government; providing prohibitions for
1153 inspection fees; prohibiting a local government from
1154 requiring building permits for certain projects;
1155 providing an exception; requiring notice to the local
1156 enforcement agency; prohibiting local governments from
1157 requiring a building permit for the installation of
1158 temporary residential hurricane and flood protection
1159 walls or barriers that meet certain requirements;
1160 prohibiting local governments from requiring a
1161 building permit for the installation of certain
1162 retaining walls; amending s. 553.791, F.S.; revising
1163 and providing definitions; removing the requirement
1164 that a contract for certain services be in writing;
1165 providing that a contract for certain services does
1166 not need to be submitted as part of a permit
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1167 application; providing requirements for reduced permit
1168 fees; prohibiting a local jurisdiction from charging
1169 punitive administrative fees or fees for plans review
1170 services; requiring that certain documents be promptly
1171 provided to certain persons; requiring that permit
1172 fees be reduced by a certain percentage; prohibiting
1173 local governments and local building officials from
1174 requiring additional forms; requiring local
1175 enforcement agencies to create a specified
1176 registration system that must have a method to
1177 register and update registration information
1178 electronically; prohibiting local enforcement agencies
1179 from charging an administrative fee to register or
1180 update registration information; requiring private
1181 provider firms to register with the local enforcement
1182 agency, provide certain information, and update its
1183 registration within a specified timeframe after
1184 changes occur; prohibiting local enforcement agencies
1185 from altering a form adopted by the commission;
1186 removing the requirement that a private provider's
1187 qualification statements or resumes be included in a
1188 certain notice; removing time restrictions for
1189 electing to use a private provider; requiring local
1190 enforcement agencies to accept a certain affidavit
1191 electronically; providing which forms and documents a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1192 local building official may review; providing notice
1193 requirements; providing that certain permits are
1194 deemed approved; providing that local enforcement
1195 agencies are not responsible for the administration or
1196 supervision of services performed by a private
1197 provider; prohibiting local enforcement agencies from
1198 requiring additional verification of certain
1199 requirements beyond that which is required at
1200 registration; revising the timeframe in which certain
1201 records must be provided; prohibiting local building
1202 officials from failing certain inspections;
1203 authorizing certain persons to sign certificates of
1204 compliance; providing requirements for local building
1205 officials who have knowledge that a private provider
1206 failed to perform an inspection; providing that
1207 virtual inspections may not be prohibited; requiring
1208 certain notice before an audit; prohibiting certain
1209 entities from discouraging the use of private
1210 providers; authorizing certain public entities to use
1211 a private provider firm or to employ a licensed
1212 building inspector to provide building code inspection
1213 services; amending s. 553.792, F.S.; requiring a local
1214 government to make certain decisions relating to
1215 certain building permits within a specified timeframe;
1216 amending s. 553.77, F.S.; requiring the Florida
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 803 (2026)
Amendment No.
1217 Building Commission to develop uniform commercial and
1218 residential building permit applications by a
1219 specified date; amending s. 720.3035, F.S.;
1220 prohibiting an association or certain committees from
1221 requiring a building permit as a prerequisite for a
1222 certain review; amending 553.382, F.S.; requiring
1223 building permits be issued to allow mobile homes in RV
1224 lots; creating Section 553.796, F.S.; requiring the
1225 issuance of building permits for residential
1226 distributed energy generation and backup power systems
1227 when the systems are installed by a contractor;
1228 requiring notice; providing an effective date.
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CS/HB 837
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 837 COMPANION BILL: SB 962 (Bradley)
TITLE: Affordable Housing LINKED BILLS: None
SPONSOR(S): Busatta RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
15 Y, 0 N, As CS 13 Y, 3 N
SUMMARY
Effect of the Bill:
The bill provides that under the Live Local Act, counties and municipalities are not required to authorize
multifamily and mixed-use residential uses for an area if the area is also a farm or farm operation, or utilized for
uses associated therewith.
Fiscal or Economic Impact:
The bill has an indeterminate fiscal impact on local governments, and likely no fiscal impact on state government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill exempts farms and farm operations from the Live Local Act. (Sections 1 and 2)
The bill amends the Live Local Act to provide that farms or farm operations, as defined in the Florida Right to Farm
Act, or uses associated with farming, including the packaging and sale of products raised on the premises, are not
considered commercial, industrial, or mixed uses. (Sections 1 and 2)
Accordingly, counties and municipalities are not required to authorize multifamily and mixed-use residential uses
for an area if the area is also a farm or farm operation, or utilized for uses associated therewith. (Sections 1 and 2)
The bill removes “meat packing facilities, citrus processing and packing facilities, and produce processing and
packing facilities” as industrial uses under the Live Local Act. (Sections 1 and 2)
The bill provides an effective date of July 1, 2026. (Section 3)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate fiscal impact on local governments, as it may affect the number of new developments
that local governments must allow.
STORAGE NAME: h0837d.COM
DATE: 2/16/2026
1
CS/HB 837
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Live Local Act
The Live Local Act, which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas. 1
Specifically, counties and municipalities must allow a multifamily or mixed-use residential 2 rental development in
any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as a
planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the
residential units in the development are rental units that, for a period of at least 30 years, meet certain affordability
requirements. 3
The Live Local Act provides the following definitions: 4
• Commercial use means activities associated with the sale, rental, or distribution of products or the
performance of related services. The term includes, but is not limited to, such uses or activities as retail
sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; hotels; food service
vendors; sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned
to permit such uses by right without the requirement to obtain a variance or waiver is considered
commercial use, irrespective of the local land development regulation’s listed category or title.
o The term does not include home-based businesses or cottage food operations undertaken on
residential property, vacation rentals, or uses that are accessory, ancillary, incidental to the
allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis
courts, swimming pools, and clubhouses, within an area designated for residential use are not
commercial use, irrespective of how they are operated.
• Industrial use means activities associated with the manufacture, assembly, processing, or storage of
products or the performance of related services. The term includes, but is not limited to, such uses or
activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing
facilities,5 citrus processing and packing facilities, produce processing and packing facilities, 6
electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal
sites. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is
considered industrial use for the purposes of this section, irrespective of the local land development
regulation’s listed category or title.
o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming
pools, and clubhouses, within an area designated for residential use are not industrial use,
irrespective of how they are operated.
• Mixed use means any use that combines multiple types of approved land uses from at least two of the
residential use, commercial use, and industrial use categories.
1 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7) and 166.04151(7), F.S.
2 For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes; local
governments may not require that more than 10 percent of the total square footage be used for nonresidential purposes. Ss.
125.01055(7)(a) and 166.04151(7)(a), F.S.
3 Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
4 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
5 Meat packing facilities are facilities for the business or industry of slaughtering cattle and other meat animals and processing
the carcasses for sale, sometimes including the packaging of processed meat products. Dictonary.com, meat packing,
https://www.dictionary.com/browse/meat-packing (last visited Jan. 21, 2026).
6 Citrus and produce processing and packing facilities are where fresh produce is brought from the field, postharvest practices
such as sizing and packaging are performed, and quality standards are monitored to meet the targeted market needs and
requirements. Elhadi M. Yahia, Postharvest Technology of Perishable Horticultural Commodities (2019), available at
https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/packing-house.
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2
CS/HB 837
o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming
pools, and clubhouses, within an area designated for residential use are not mixed use, irrespective
of how they are operated.
Local governments are prohibited from restricting the density 7 of a proposed development below the highest
density currently allowed (or the highest allowed on July 1, 2023) on land within its jurisdiction where residential
development is allowed 8 and may not restrict the floor area ratio 9 of a proposed development below 150 percent
of the highest floor area ratio currently allowed (or the highest allowed on July 1, 2023) on land within its
jurisdiction where residential development is allowed. 10
Local governments are also prohibited from restricting the height of a proposed development below the highest
height currently allowed (or the highest allowed on July 1, 2023) for a commercial or residential building located in
its jurisdiction within one mile of the proposed development or three stories, whichever is higher. 11 However, a
local government may restrict the height of a proposed development if:
• The proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential
in a single-family residential development with at least 25 contiguous single-family homes, in which case
the local government may restrict the height of the proposed development to 150 percent of the tallest
building on any property adjacent to the proposed development, the highest height currently allowed (or
the highest allowed on July 1, 2023) for the property provided in the local government’s land development
regulations, or three stories, whichever is higher, but not to exceed 10 stories; 12 or
• The proposed development is on a parcel with a contributing structure or building within a historic district
listed in the National Register of Historic Places 13 (Register) before January 1, 2000, or is on a parcel with a
structure or building individually listed in the Register, in which case a local government may restrict the
height of the proposed development to the highest height currently allowed (or the highest allowed on July
1, 2023) for a commercial or residential building within three-fourths of a mile of the proposed
development or 3 stories, whichever is higher. 14
An application for a development authorized by the Live Local Act must be administratively approved without
further action by the governing body of the local government or any quasi-judicial or administrative board or
reviewing body, provided the development satisfies the local government’s land development regulations for
multifamily developments in areas zoned for such use and is otherwise consistent with the jurisdiction’s
comprehensive plan, with the exception of provisions establishing density, floor area ratios, height, and land use
requirements. 15
7 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. See s. 163.3164(12), F.S.
8 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.
9 For purposes of these provisions, “floor area ratio” includes floor lot ratio and lot coverage. Ss. 125.01055(7)(c) and
166.04151(7)(c), F.S.
10 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
11 Ss. 125.01055(7)(d)1. and 166.04151(7)(d)1., F.S.
12 Ss. 125.01055(7)(d)2. and 166.04151(7)(d)2., F.S.
13 The National Register of Historic Places (Register) is the official list of the nation’s historic places worthy of preservation.
Authorized by the National Historic Preservation Act of 1966, the Register is maintained by the National Park Service (NPS) as
a part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s
historic and archeological resources. As of May 13, 2025, over 100,000 places have been listed in the Register for their
significance in American history, art, architecture, engineering, and culture. See NPS, What is the National Register of Historic
Places? https://www.nps.gov/subjects/nationalregister/index.htm (last visited Jan. 7, 206); see also, NPS, National Register of
Historic Places: Program Updates May 13, 2025, https://www.nps.gov/subjects/nationalregister/program-updates.htm (last
visited Jan. 7, 2026).
14 Ss. 125.01055(7)(d)3. and 166.0415(7)(d)3., F.S.
15 However, if a proposed development is on a parcel with a contributing structure or building within a historic district which
was listed in the Register before January 1, 2000, or is on a parcel with a structure or building individually listed in the
Register, the local government may administratively require the proposed development to comply with local regulations
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3
CS/HB 837
Under the Live Local Act, local governments are required, upon request of an applicant, to reduce parking
requirements for a proposed development by 15 percent if the development:
• Is located within one-quarter mile of a transit stop, as defined in the local government’s land development
code, and the transit stop is accessible from the development;
• Is located within one-half mile of a major transportation hub that is accessible from the proposed
development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike
paths, or other multimodal design features; or
• Has available parking within 600 feet of the proposed development, which may consist of options such as
on-street parking, parking lots, or parking garages available for use by residents of the proposed
development. 16
The provisions of the Live Local Act described above do not apply to airport-impacted areas, 17 recreational and
commercial waterfronts in industrial areas, 18 the Wekiva Study Area, 19 and the Everglades Protection Area. 20, 21
These provisions of the Live Local Act are effective until October 1, 2033. 22
Florida Right to Farm Act
In response to the loss of farmland due to encroaching suburban sprawl, nuisance claims, and modern zoning, the
Legislature enacted Florida’s Right to Farm Act (Act) in 1979. The purpose of the Act was to provide more
protection for commercial agriculture and farming operations from nuisance claims, and slow the rapid conversion
of farmland to more compatible uses. 23
The Legislature has determined that agricultural activities conducted on farm land in urbanizing areas are
potentially subject to lawsuits based on the theory of nuisance and that these suits encourage or force the
premature removal of the farm land from agricultural use. The Act seeks to protect reasonable agricultural and
complementary agritourism activities conducted on farm land from nuisance suits and other similar lawsuits. 24
The Act provides the following definitions: 25
• Farm means the land, buildings, support facilities, machinery, and other appurtenances used in the
production of farm or aquaculture products.
• Farm operation means all conditions or activities by the owner, lessee, agent, independent contractor, or
supplier which occur on a farm in connection with the production of farm, honeybee, or apiculture
products or in connection with complementary agritourism activities. These conditions and activities
include, but are not limited to, the marketing of farm products at roadside stands or farm markets; the
operation of machinery and irrigation pumps; the generation of noise, odors, dust, fumes, and particle
emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the
application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism
activities; and the employment and use of labor.
relating to architectural design, such as façade replication, provided it does not affect height, floor area ratio, or density of the
proposed development. Ss. 125.01055(7)(e) and 166.04151(7)(e), F.S.
16 A local government, however, may not require that the available parking compensate for the reduction in parking
requirements. Ss. 125.01055(7)(f)1. and 166.04151(7)(f)1., F.S.
17 See s. 333.03, F.S.
18 See s. 342.201(2)(b), F.S.
19 See s. 369.316, F.S.
20 See s. 373.4592(2), F.S.
21 Ss. 125.01055(7)(o), F.S. and 166.04151(7)(o), F.S.
22 Ss. 125.01055, F.S. and 166.04151(7)(p), F.S.
23 Ch. 79-61, Laws of Fla.
24 S. 823.14(2), F.S.
25 S. 823.14(3), F.S.
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4
CS/HB 837
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 15 Y, 0 N, As CS 1/21/2026 Curtin Wright
Subcommittee
THE CHANGES ADOPTED BY THE The amendment removes certain farming-related activities from the
COMMITTEE: definitions of “industrial use” in the Live Local Act.
Intergovernmental Affairs 13 Y, 3 N 2/12/2026 Darden Burgess
Subcommittee
Commerce Committee Hamon Wright
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 837 2026
1 A bill to be entitled
2 An act relating to affordable housing; amending ss.
3 125.01055 and 166.04151, F.S.; revising the
4 definitions of certain land use categories for which
5 certain residential development may be authorized to
6 exclude farms and farm operations and uses associated
7 therewith; revising the definition of the term
8 "industrial use" to exclude certain facilities;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (n) of subsection (7) of section
14 125.01055, Florida Statutes, is amended to read:
15 125.01055 Affordable housing.—
16 (7)
17 (n) As used in this subsection, the term:
18 1. "Commercial use" means activities associated with the
19 sale, rental, or distribution of products or the performance of
20 services related thereto. The term includes, but is not limited
21 to, such uses or activities as retail sales; wholesale sales;
22 rentals of equipment, goods, or products; offices; restaurants;
23 public lodging establishments as described in s. 509.242(1)(a);
24 food service vendors; sports arenas; theaters; tourist
25 attractions; and other for-profit business activities. A parcel
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26 zoned to permit such uses by right without the requirement to
27 obtain a variance or waiver is considered commercial use for the
28 purposes of this section, irrespective of the local land
29 development regulation's listed category or title. The term does
30 not include home-based businesses or cottage food operations
31 undertaken on residential property;, public lodging
32 establishments as described in s. 509.242(1)(c); farms or farm
33 operations as defined in s. 823.14(3) or uses associated
34 therewith, including the packaging and sale of products raised
35 on the premises;, or uses that are accessory, ancillary,
36 incidental to the allowable uses, or allowed only on a temporary
37 basis. Recreational uses, such as golf courses, tennis courts,
38 swimming pools, and clubhouses, within an area designated for
39 residential use are not commercial use, irrespective of how they
40 are operated.
41 2. "Industrial use" means activities associated with the
42 manufacture, assembly, processing, or storage of products or the
43 performance of services related thereto. The term includes, but
44 is not limited to, such uses or activities as automobile
45 manufacturing or repair, boat manufacturing or repair, junk
46 yards, meat packing facilities, citrus processing and packing
47 facilities, produce processing and packing facilities,
48 electrical generating plants, water treatment plants, sewage
49 treatment plants, and solid waste disposal sites. A parcel zoned
50 to permit such uses by right without the requirement to obtain a
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51 variance or waiver is considered industrial use for the purposes
52 of this section, irrespective of the local land development
53 regulation's listed category or title. The term does not include
54 farms or farm operations as defined in s. 823.14(3) or uses
55 associated therewith, including the packaging and sale of
56 products raised on the premises, or uses that are accessory,
57 ancillary, incidental to the allowable uses, or allowed only on
58 a temporary basis. Recreational uses, such as golf courses,
59 tennis courts, swimming pools, and clubhouses, within an area
60 designated for residential use are not industrial use,
61 irrespective of how they are operated.
62 3. "Mixed use" means any use that combines multiple types
63 of approved land uses from at least two of the residential use,
64 commercial use, and industrial use categories. The term does not
65 include farms or farm operations as defined in s. 823.14(3) or
66 uses associated therewith, including the packaging and sale of
67 products raised on the premises, or uses that are accessory,
68 ancillary, incidental to the allowable uses, or allowed only on
69 a temporary basis. Recreational uses, such as golf courses,
70 tennis courts, swimming pools, and clubhouses, within an area
71 designated for residential use are not mixed use, irrespective
72 of how they are operated.
73 4. "Planned unit development" has the same meaning as
74 provided in s. 163.3202(5)(b).
75 Section 2. Paragraph (n) of subsection (7) of section
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76 166.04151, Florida Statutes, is amended to read:
77 166.04151 Affordable housing.—
78 (7)
79 (n) As used in this subsection, the term:
80 1. "Commercial use" means activities associated with the
81 sale, rental, or distribution of products or the performance of
82 services related thereto. The term includes, but is not limited
83 to, such uses or activities as retail sales; wholesale sales;
84 rentals of equipment, goods, or products; offices; restaurants;
85 public lodging establishments as described in s. 509.242(1)(a);
86 food service vendors; sports arenas; theaters; tourist
87 attractions; and other for-profit business activities. A parcel
88 zoned to permit such uses by right without the requirement to
89 obtain a variance or waiver is considered commercial use for the
90 purposes of this section, irrespective of the local land
91 development regulation's listed category or title. The term does
92 not include home-based businesses or cottage food operations
93 undertaken on residential property;, public lodging
94 establishments as described in s. 509.242(1)(c); farms or farm
95 operations as defined in s. 823.14(3) or uses associated
96 therewith, including the packaging and sale of products raised
97 on the premises;, or uses that are accessory, ancillary,
98 incidental to the allowable uses, or allowed only on a temporary
99 basis. Recreational uses, such as golf courses, tennis courts,
100 swimming pools, and clubhouses, within an area designated for
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101 residential use are not commercial use, irrespective of how they
102 are operated.
103 2. "Industrial use" means activities associated with the
104 manufacture, assembly, processing, or storage of products or the
105 performance of services related thereto. The term includes, but
106 is not limited to, such uses or activities as automobile
107 manufacturing or repair, boat manufacturing or repair, junk
108 yards, meat packing facilities, citrus processing and packing
109 facilities, produce processing and packing facilities,
110 electrical generating plants, water treatment plants, sewage
111 treatment plants, and solid waste disposal sites. A parcel zoned
112 to permit such uses by right without the requirement to obtain a
113 variance or waiver is considered industrial use for the purposes
114 of this section, irrespective of the local land development
115 regulation's listed category or title. The term does not include
116 farms or farm operations as defined in s. 823.14(3) or uses
117 associated therewith, including the packaging and sale of
118 products raised on the premises, or uses that are accessory,
119 ancillary, incidental to the allowable uses, or allowed only on
120 a temporary basis. Recreational uses, such as golf courses,
121 tennis courts, swimming pools, and clubhouses, within an area
122 designated for residential use are not industrial use,
123 irrespective of how they are operated.
124 3. "Mixed use" means any use that combines multiple types
125 of approved land uses from at least two of the residential use,
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126 commercial use, and industrial use categories. The term does not
127 include farms or farm operations as defined in s. 823.14(3) or
128 uses associated therewith, including the packaging and sale of
129 products raised on the premises, or uses that are accessory,
130 ancillary, incidental to the allowable uses, or allowed only on
131 a temporary basis. Recreational uses, such as golf courses,
132 tennis courts, swimming pools, and clubhouses, within an area
133 designated for residential use are not mixed use, irrespective
134 of how they are operated.
135 4. "Planned unit development" has the same meaning as
136 provided in s. 163.3202(5)(b).
137 Section 3. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
HB 837 by Rep. Busatta
Affordable Housing
AMENDMENT SUMMARY
February 18, 2026
Amendment #560863 by Rep. Busatta (Line 75): The amendment provides exceptions to
the applicability of the Live Local Act for:
• Areas subject to land development regulations in existence before July 1, 2026, intended
to retain the open character of land, including open space districts, open space
recreation districts, open use estate districts, open use rural districts, and park and open
space districts;
• Areas of critical state concern; and
• The Florida wildlife corridor.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 837 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Busatta offered the following:
3
4 Amendment (with directory and title amendments)
5 Remove lines 75-136 and insert:
6 (o) This subsection does not apply to:
7 1. Airport-impacted areas as provided in s. 333.03.
8 2. Property defined as recreational and commercial working
9 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
10 3. The Wekiva Study Area, as described in s. 369.316.
11 4. The Everglades Protection Area, as defined in s.
12 373.4592(2).
13 5. Areas subject to land development regulations as
14 defined in s. 163.3164(26) that are in existence before July 1,
15 2026, which are intended to retain the open character of land,
16 including, but not limited to, open space districts, open space
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 837 (2026)
Amendment No.
17 recreation districts, open use estate districts, open use rural
18 districts, and park and open space districts.
19 6. Any area of critical state concern, as designated in
20 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
21 7. The Florida wildlife corridor, as defined in s.
22 259.1055(4).
23 Section 2. Paragraphs (n) and (o) of subsection (7) of
24 section 166.04151, Florida Statutes, are amended to read:
25 166.04151 Affordable housing.—
26 (7)
27 (n) As used in this subsection, the term:
28 1. "Commercial use" means activities associated with the
29 sale, rental, or distribution of products or the performance of
30 services related thereto. The term includes, but is not limited
31 to, such uses or activities as retail sales; wholesale sales;
32 rentals of equipment, goods, or products; offices; restaurants;
33 public lodging establishments as described in s. 509.242(1)(a);
34 food service vendors; sports arenas; theaters; tourist
35 attractions; and other for-profit business activities. A parcel
36 zoned to permit such uses by right without the requirement to
37 obtain a variance or waiver is considered commercial use for the
38 purposes of this section, irrespective of the local land
39 development regulation's listed category or title. The term does
40 not include home-based businesses or cottage food operations
41 undertaken on residential property;, public lodging
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 837 (2026)
Amendment No.
42 establishments as described in s. 509.242(1)(c); farms or farm
43 operations as defined in s. 823.14(3) or uses associated
44 therewith, including the packaging and sale of products raised
45 on the premises;, or uses that are accessory, ancillary,
46 incidental to the allowable uses, or allowed only on a temporary
47 basis. Recreational uses, such as golf courses, tennis courts,
48 swimming pools, and clubhouses, within an area designated for
49 residential use are not commercial use, irrespective of how they
50 are operated.
51 2. "Industrial use" means activities associated with the
52 manufacture, assembly, processing, or storage of products or the
53 performance of services related thereto. The term includes, but
54 is not limited to, such uses or activities as automobile
55 manufacturing or repair, boat manufacturing or repair, junk
56 yards, meat packing facilities, citrus processing and packing
57 facilities, produce processing and packing facilities,
58 electrical generating plants, water treatment plants, sewage
59 treatment plants, and solid waste disposal sites. A parcel zoned
60 to permit such uses by right without the requirement to obtain a
61 variance or waiver is considered industrial use for the purposes
62 of this section, irrespective of the local land development
63 regulation's listed category or title. The term does not include
64 farms or farm operations as defined in s. 823.14(3) or uses
65 associated therewith, including the packaging and sale of
66 products raised on the premises, or uses that are accessory,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 837 (2026)
Amendment No.
67 ancillary, incidental to the allowable uses, or allowed only on
68 a temporary basis. Recreational uses, such as golf courses,
69 tennis courts, swimming pools, and clubhouses, within an area
70 designated for residential use are not industrial use,
71 irrespective of how they are operated.
72 3. "Mixed use" means any use that combines multiple types
73 of approved land uses from at least two of the residential use,
74 commercial use, and industrial use categories. The term does not
75 include farms or farm operations as defined in s. 823.14(3) or
76 uses associated therewith, including the packaging and sale of
77 products raised on the premises, or uses that are accessory,
78 ancillary, incidental to the allowable uses, or allowed only on
79 a temporary basis. Recreational uses, such as golf courses,
80 tennis courts, swimming pools, and clubhouses, within an area
81 designated for residential use are not mixed use, irrespective
82 of how they are operated.
83 4. "Planned unit development" has the same meaning as
84 provided in s. 163.3202(5)(b).
85 (o) This subsection does not apply to:
86 1. Airport-impacted areas as provided in s. 333.03.
87 2. Property defined as recreational and commercial working
88 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
89 3. The Wekiva Study Area, as described in s. 369.316.
90 4. The Everglades Protection Area, as defined in s.
91 373.4592(2).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 837 (2026)
Amendment No.
92 5. Areas subject to land development regulations as
93 defined in s. 163.3164(26) that are in existence before July 1,
94 2026, which are intended to retain the open character of land,
95 including, but not limited to, open space districts, open space
96 recreation districts, open use estate districts, open use rural
97 districts, and park and open space districts.
98 6. Any area of critical state concern, as designated in
99 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
100 7. The Florida wildlife corridor, as defined in s.
101 259.1055(4).
102
103 -----------------------------------------------------
104 D I R E C T O R Y A M E N D M E N T
105 Remove lines 13-14 and insert:
106 Section 1. Paragraphs (n) and (o) of subsection (7) of
107 section 125.01055, Florida Statutes, are amended to read:
108
109 -----------------------------------------------------
110 T I T L E A M E N D M E N T
111 Between lines 8 and 9, insert:
112 providing exceptions;
560863 - h0837-line75.docx
Published On: 2/17/2026 4:27:47 PM
Page 5 of 5
CS/HB 927
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 927 COMPANION BILL: CS/SB 1138 (Massullo)
TITLE: Local Land Planning and Development LINKED BILLS: None
SPONSOR(S): Sapp RELATED BILLS: None
Committee References
Intergovernmental Affairs Commerce State Affairs
13 Y, 1 N, As CS
SUMMARY
Effect of the Bill:
The bill requires each county and municipality to create a program to conduct pre-application reviews of plans,
permits, or plats submitted as part of compliance with a local government’s land development regulations. After
completing a pre-application review on work in their respective field, a qualified contractor completes an affidavit
that the work is in compliance with the local government’s requirements, which is then reviewed by the local
government. The bill requires each local government to establish a registry of qualified contractors and provides
requirements for those contractors.
The bill also revises the process for the expedited approval of residential building permits prior to plat approval by
expanding its applicability to planned unit developments and one or more phases of a community or subdivision
and establishing procedures for when a local government has failed to establish an expedited permitting process.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on local governments and a positive economic impact on
developers.
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ANALYSIS
EFFECT OF THE BILL:
Qualified Contractors in Local Planning
The bill requires each county and municipality to create a program to enable qualified contractors to conduct pre-
application reviews of plans, permits, or plats submitted as part of compliance with a local government’s land
development regulations. The program must specify:
• How contracts with qualified contractors are made.
• Minimum qualifications for being listed as a qualified contractor (e.g., valid professional credentials, no
adverse licensing actions). A local government may not consider as criteria the contractor’s years of
experience, geographic location, or prior or existing work for or with the local government.
• Minimum and maximum hourly rate a qualified contractor may charge, comparable to market averages.
• Other procedural elements (intake, payment, records, notice) that do not to conflict with the bill’s purpose.
(Section 1)
Persons or firms who may be contracted by a local government to serve as qualified contractors in their respective
field of expertise include engineers, surveyors or mappers, architects, landscape architects, certified planners, or
employees of other local governments. (Section 1)
After completing a pre-application review on work in their respective field, a qualified contractor completes an
affidavit that the work is compliance with the local government’s requirements. The applicant submits this
STORAGE NAME: h0927a.COM
DATE: 2/16/2026
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CS/HB 927
affidavit as part of the application to the local government, which must accept the certification and approve or
deny the permit within the existing timeframes established by law for that type of permit without further review. A
denial must include written notice specifically identifying aspects not in compliance with law, regulations,
ordinances, and codes, and the reasons the application was denied. (Section 1)
The bill requires each local government to establish a registry of qualified contractors containing at least three
contractors for local governments with less than 10,000 residents and at least six contractors for all other local
governments. If a local government is unable to identify this number of contractors after a reasonable effort, all
willing and qualified individuals must be listed in the registry. If a local government does not establish a program
or does not have a sufficient number of contractors registered, an applicant can choose to use any qualified
contractor who meets the minimum qualifications established by the local government. (Section 1)
The bill sets out how contracts between a local government and a qualified contractor must be structured and
places limits on what local governments may require. The bill requires that contracts with qualified contractors
may only include terms that are authorized by the statute and that local governments may not add provisions that
expand, modify, reduce, or limit the rights, processes, responsibilities, or procedures established by the bill. Local
governments must ensure that the material terms of contracts with qualified contractors are the same as the terms
applied in similar contracts with private sector contractors providing comparable services. Local governments may
not require any additional criteria or qualifications for a qualified contractor beyond what the bill expressly allows.
The bill allows local governments to require qualified contractors to carry appropriate insurance coverage that is
commensurate with the estimated value, scope, and risk profile of the services to be performed under the contract,
and must align with commercially reasonable standards for similar services. (Section 1)
The bill provides that payments to qualified contractors are made through the local government as part of the
application process and that local governments must pay the qualified contractor within 30 days of the date
services are provided. If an applicant does not use a qualified contractor and the local government fails to process
the application within statutory timelines, the bill provides that the applicant may use a qualified contractor from
the registry at the local government’s expense. (Section 1)
A local government may establish a registration system for verifying whether a qualified contractor is in
compliance with applicable licensure and insurance requirements related to their professional license. Beyond
that, a local government is preempted from actions and policies inconsistent with or more stringent than the
provisions of the bill. (Section 1)
A local government may not audit the preapplication review of a qualified contractor prior to creating the standard
auditing procedures for internal review staff. The bill specifies that such procedures must specify the purpose,
scope, and criteria used for the audit, a framework of procedures for the contractor to file an objection to an audit’s
findings, and a framework for documenting findings of areas of noncompliance. Audit results must be made
publicly available and must be updated at least every 6 months. A qualified contractor may not be audited more
than four times in a year unless the local government determines that a condition of an application constitutes an
immediate threat to public safety and welfare. (Section 1)
The bill provides that local governments and building officials are immune from liability to any person or party for
any action or inaction by an applicant or qualified contractor in connection with a preapplication review. A
qualified contractor is considered an agent of the local government in determining state insurance coverage and
sovereign immunity protection. (Section 1)
The bill provides for attorney fees and costs to be awarded to a prevailing plaintiff applicant who brings a civil
action against a local government for violating these provisions. (Section 1)
Platting Approval
The bill prohibits local governments from creating or establishing any additional regulations or requirements that
a platting applicant must meet for the approval of a final plat. Under the bill, local governments requiring
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CS/HB 927
infrastructure assurances in connection with a final plat approval shall designate the same authority as the platting
administrator to receive and approve the surety instrument, which may be any commonly used form of surety
instrument, such as performance bonds, letters of credit, or escrow agreements. (Section 2)
Expedited Approval of Residential Building Permits Prior to Plat Approval
The bill expands the expedited building permit process for residential subdivisions or planned communities to
include planned unit developments and one or more phases of a community or subdivision. (Section 3)
The bill also provides that if a county or municipality which was required to adopt a program for expedited
building permit processing fails to do so by the applicable statutory deadline, the following requirements apply:
• The applicant shall have an unconditional right to use a qualified contractor of the applicant’s choosing to
obtain up to 75 percent of the building permits for development before the final plat is recorded.
• The local government may not condition, delay, limit, restrict, obstruct, or deny the applicant’s use of a
qualified contractor other than for reasons expressly provided by state law and the Florida Building Code
(FBC).
• The qualified contractor may perform all services within the scope of his or her licensure and qualifications
which are necessary or incidental to obtaining building permits. The local government is required to accept
all documents from the qualified contractor in place of review by local government staff if the submission is
properly prepared and sealed.
• The local government may not require the applicant or the qualified contractor to use a local government
registry, rotation, shortlist, or other vetting process. (Section 3)
The above provisions apply until the local government adopts a program that meets the bill’s requirements. Local
governments, however, still have full authority to enforce the FBC, Fire Prevention Code, and other generally
applicable state laws. (Section 3)
The bill requires the preliminary plat submitted under the two-step application process to include stabilized access
roads for emergency vehicles. (Section 3)
The bill allows an applicant to use a qualified contractor to expedite the process for reviewing any plans necessary
to support the approval of the site plan or plat. The bill requires local governments to establish, by October 1, 2026,
a registry of at least six qualified contractors or, for local governments that serve a population of less than 10,000, a
registry including no less than three qualified contractors. If a local government has failed to create a registry, the
bill allows an applicant to retain a private provider or qualified contractor of their choosing. Approvals must be
made by the local government in the same timeframe that would be applicable if local government staff or a
qualified contractor on the registry reviewed the application. (Section 3)
The bill prohibits a local government from conditioning its issuance of building permits under the expedited
approval process on the actual or substantial completion of infrastructure or improvements identified in
the preliminary plat or on the submission and approval of any certification of completion, record drawings,
pressure or compaction test results, utility acceptance letters, or similar confirmation of finished construction or
readiness for service. This prohibition applies notwithstanding local ordinance, policy, development order, permit
condition, concurrency or proportionate-share agreement, development agreement, interlocal agreement, utility
policy, or any other local requirement. (Section 3)
The bill provides that applicant has a vested right in a preliminary plat under the program for five years, regardless
of whether the applicant has taken action and incurred expenses in reliance on the preliminary plat. (Section 3)
The bill provides that the expedited building permit process provisions currently in law, and as amended by the
bill, are an “express and exclusive” preemption to the state of those activities and that a local government may not
create, adopt, enact, or implement the processes in a manner inconsistent with or more stringent than the statute.
Additionally, a local government may not apply an ordinance or policy related to environmental protection or
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CS/HB 927
natural resources that is substantially similar to, duplicative of, or more stringent than a state regulatory program.
(Section 3)
The effective date of the bill is July 1, 2026. (Section 4)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
Local governments may see an indeterminate negative fiscal impact in creating the required registry program
within 3 months of the effective date of the bill, maintaining the registry, auditing qualified contractors, and
amending processes to incorporate registered qualified contractors for certain functions, but may see long-term
benefit from some amount of workload reduction due to the use of private contractors. A request for a formal
analysis was submitted to the Department of Commerce on January 12, 2026.
As of April of 2025, only Liberty County and Lafayette County had populations of less than 10,000. 1 Accordingly,
Liberty County and Lafayette County would need to establish a registry of at least three qualified contractors, as
required by the bill. The county in Florida with the next highest population is Glades County, which has a
population of 13,055, which would require Glades County to establish a registry of at least six qualified contractors,
along with the other 64 counties in Florida. 2
PRIVATE SECTOR:
Developers may benefit economically from greater efficiency and private options for various stages of
development approval.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act 3 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans. 4 Each county and municipality must maintain a comprehensive plan to guide
future development and growth. 5
All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan. 6 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. 7
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. 8 A comprehensive plan is
1 Florida Office of Economic and Demographic Research, Florida’s Population, The Florida Legislature Econographic News
(2025 Vol. I), available at https://edr.state.fl.us/Content/population-
demographics/reports/econographicnews_2025_Volume1.pdf (last visited Feb. 13, 2026).
2 Id.
3 Ch. 163, Part II, F.S.
4 S. 163.3167(1), F.S.
5 S. 163.3167(2), F.S.
6 S. 163.3194(1)(a), F.S.
7 See, e.g., Sarasota County, Fla. Comprehensive Plan, Future Land Use Element, FLU Policy 1.1.1 (last visited Feb. 2, 2026).
8 S. 163.3177(1), F.S.
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made up of 10 required elements, each laying out regulations for a different facet of development. 9 Local
governments may also include optional elements in their comprehensive plan. 10 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.11
Comprehensive plans must include at least two planning periods, one covering the first 10-year period occurring
after the plan’s adoption and one covering a period of at least 20 years. 12 Additional planning periods are
permissible and accepted as part of the planning process.
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Land development regulations are
ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local
government zoning, rezoning, subdivision, building construction, sign regulations, or any other regulations
controlling the development of land. 13
Each county and municipality must adopt and enforce land development regulations consistent with and that
implement its adopted comprehensive plan. 14 Local governments are encouraged to use innovative land
development regulations 15 and may adopt measures for the purpose of increasing affordable housing using land
use mechanisms. 16
Development Permits and Orders
Florida law 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. 17 Local governments 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 an applicant at a pre-application meeting, or post the minimum information on the local
government’s website. 18
Within 5 business days of receiving an application for a development permit or order, local governments must
confirm receipt of the application using contact information provided by the applicant. 19 Within 30 days of
receiving an application for a development permit or order, the local government must review the application for
completeness and issue a written notification to the applicant indicating that all required information is submitted
9 S. 163.3177(6), F.S.
10 S. 163.3177(1)(a), F.S.
11 S. 163.3177(3), (6)(a)-(i), F.S.
12 S. 163.3177(5)(a), F.S.
13 S. 163.3164(26), F.S.
14 S. 163.3202(1), F.S.
15 S. 163.3202(3), F.S.
16 Ss. 125.01055 and 166.04151, F.S.
17 Ss. 125.022(1) and 166.033(1), F.S.
18 Id.
19 Ss. 125.022(2) and 166.033(2), F.S.
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or specify in writing (with particularity) any areas that are deficient. 20 If an application is deemed deficient, the
applicant has 30 days to address the deficiencies by submitting the required additional information. 21
For applications for development permits or orders that do not require final action through a quasi-judicial hearing
or public hearing, local governments must approve, approve with conditions, or deny such an application within
120 days of the local government’s deeming the application complete. 22 For applications that require final action
through a quasi-judicial hearing or a public hearing, local governments must approve, approve with conditions, or
deny such an application within 180 days of the local government’s deeming the application complete. 23
Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes 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. 24
The Florida Building Commission (Commission) implements the Building Code. The Commission, which is housed
within the Department of Business and Professional Regulation (DBPR), is a 19-member technical body made up of
design professionals, contractors, and government experts in various disciplines covered by the Building Code. The
Commission updates and adopts a new edition of the Building Code every three years. 25 The current edition of the
Building Code is the eighth edition, which is referred to as the 2023 Building Code. 26
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 27
Building Code Administrators, Inspectors, and Plans Examiners
Building officials, inspectors, and plans examiners are regulated by the Building Code Administrators and
Inspectors Board within the DBPR. 28 A building code administrator, otherwise known as a building official, is a
local government employee, or a person contracted by a local government, who supervises building code activities,
including plans review, enforcement, and inspection. 29 A building code inspector (inspector) is a local or state
government employee, or a person contracted by a local government, who inspects construction that requires
permits to determine compliance with building codes and state accessibility laws. 30
Building Permit
Every local government must enforce the Building Code and issue building permits. 31 A building permit is an
official document or certificate issued by the local building official that authorizes performance of a specific
activity. 32 It is unlawful for a person to construct, erect, alter, repair, secure, or demolish any building without first
obtaining a building permit. 33
20 Id.
21 Id.
22 Id.
23 Id.
24 S. 553.72(1), F.S.
25 Ss. 553.73(7), and 553.74, F.S.
26 ICC Digital Codes, 2023 Florida Building Code, Building, Eighth Edition (last visited Feb. 2, 2026).
27 S. 553.72, F.S.
28 S. 468.605, F.S.
29 S. 468.603(2), F.S.
30 S. 468.603(4), F.S.
31 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
32 See s. 468.603(2), F.S. and Florida Building Code (Building), Eighth Edition, s. 202.
33 S. 553.79(1)(a), F.S.
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To obtain a permit, an applicant must complete an application for the proposed work on the form furnished by the
government entity. 34 A local enforcement agency 35 must allow applicants to submit permit applications
electronically to the local enforcement agency, which must provide accepted methods of electronic submission.
Accepted methods of electronic submission include, but are not limited to, email, fill-in forms available online, or
third-party submission software. 36
If a building official or plans reviewer denies a permit application or revokes a building permit, the building official
or plans reviewer must give the permit applicant a reason for denying or revoking the permit. 37 The reason must
be based on compliance with the building code or a local ordinance. Failing to provide a reason for denying or
revoking a building permit, which is based on compliance with the building code or a local ordinance, is grounds
for discipline against the building official or plans reviewer’s license. 38
Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license. 39 A private provider must be licensed as a building official, engineer, or
architect or be licensed as building inspector or plans examiner who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 40
A single-trade inspection is an inspection focused on a single construction trade, such as plumbing, mechanical, or
electrical. The term includes, but is not limited to:
• Inspections of door or window replacements;
• Fences and block walls more than 6 feet high from the top of the wall to the bottom of the footing;
• Stucco or plastering;
• Reroofing with no structural alteration;
• HVAC replacements;
• Ductwork or fan replacements;
• Alteration or installation of wiring, lighting, and service panels;
• Water heater changeouts;
• Sink replacements; and
• Repiping.41
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services. Such notice must be provided in writing at the time of permit
application, or by 2 p.m. local time two business days before the first scheduled inspection by the local building
official. 42
After construction has commenced, and if the local building official is unable to provide inspection services in a
timely manner, the owner or contractor may elect to use a private provider to provide inspection services by
notifying the local building official by 2 p.m. local time two business days before the first scheduled inspection. 43
34 S. 553.79(1)(b), F.S
35 A “local enforcement agency” is an agency of local government, a local school board, a community college board of trustees,
or a university board of trustees in the State University System with jurisdiction to make inspections of buildings and to
enforce the building code. S. 553.71(5), F.S.
36 Ss. 125.56(4)(b) and 553.79(1)(b), F.S.
37 S. 553.79(1)(a), F.S.
38 Id.
39 S. 553.791, F.S.
40 S. 553.791(1)(n), F.S.
41 S. 553.791(1)(q), F.S.
42 S. 553.791(4), F.S.
43 S. 553.791(5), F.S.
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For plans review, a private provider must review the plans 44 to determine compliance with the applicable codes 45
and prepare an affidavit certifying, under oath, that the plans comply, and the private provider is duly authorized
to perform plans review. 46
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies or 5 business
days for a single-trade plans review for a single-family or two-family dwelling. 47 If the local building official does
not provide written notice of plan deficiencies within the prescribed period, the permit application shall be
deemed approved and must be issued on the next business day. 48
Platting
A “plat” is a map or detailed representation of the subdivision of lands, providing a complete and precise depiction
of the subdivision, along with other information that complies with all applicable state requirements and local
ordinances. 49 Platting ensures that when subdividing property into lots, all streets, alleys, easements, rights-of-
way, public areas, utilities, and sewer and stormwater improvements are identified. 50
While state laws provide minimum requirements for the platting of lands, local governments may adopt additional
requirements. 51 Prior to approval by the appropriate governing body, the plat must be reviewed for conformity
with state and local laws and be sealed by a professional surveyor and mapper who is either employed by or under
contract to the local governing body. 52
Plats must be administratively approved by a county or municipality if the plat meets the requirements for
recording. 53 Each local government is responsible for designating an administrative authority to receive, review,
and process plat submittals, including an official responsible for approving, approving with conditions, or denying
a proposed plat. When a proposal for a plat is submitted, the administrative authority must provide written notice
of receipt to the applicant within seven business days and identify any missing documents or information that
would be necessary to process the application. 54 The written notice must include the local government’s timeframe
for reviewing, approving, and otherwise processing plat applications. Unless the applicant requires an extension of
time, the administrative authority must approve, approve with conditions, or deny the plat submittal with a
written notice. 55 If the application is denied, the written notice must identify all areas of noncompliance and
include specific citations to each requirement the application fails to meet.
If the application is approved, the approval must be placed on the plat before it is offered to the clerk of the circuit
court for recording. 56
The authority for plat approval is designated as follows:
44 “Plans” means building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner
or fee owner’s contractor to a private provider or duly authorized representative for review. S. 553.791(1)(m), F.S.
45 “Applicable codes” means the Florida Building Code (FBC) and any local technical amendments to the FBC but does not
include the applicable minimum fire prevention and fire safety codes adopted pursuant to ch. 633, F.S. S. 553.791(1)(a), F.S.
46 S. 553.791(6), F.S.
47 S. 553.791(7)(a), F.S.
48 Id.
49 S. 177.031(14), F.S.
50 S. 177.091, F.S.; Clark, Campbell, Lancaster, Workman, and Airth, P.A, The Basics of Platting Property (May 28, 2020) (last
visited Feb. 2, 2026).
51 S. 177.011, F.S.
52 S. 177.081(1), F.S.
53 S. 177.071(1), F.S.
54 S. 177.071(2), F.S.
55 S. 177.071(3), F.S.
56 S. 177.071(4), F.S.
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• When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the
municipality has exclusive jurisdiction to approve the plat.
• When a plat lies wholly within the unincorporated areas of a county, 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 county or municipality has exclusive jurisdiction to approve the plat within its boundaries, unless
each county or municipality agrees that one plat is mutually acceptable. 57
Every plat of a subdivision offered for recording must contain certain information, including:
• 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.
• All platted utility easements, which 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. 58
Many local governments have a process to approve a preliminary plat before approving a final plat, and once a
preliminary plat is approved, a developer may be allowed to commence construction before the final plat is
approved. 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. 59 For example, the City of Jacksonville, the Village of Royal Palm Beach, and the City of
Tallahassee allow for a preliminary plat approval process. 60
The fee to have a plat approved differs between local governments. For instance:
• The City of Orlando charges either $1,200 or $3,000, depending on the type of plat being submitted. 61
57 Id.
58 S. 177.091, F.S.
59 See e.g., City of Zephyrhills Code of Ordinances Art. XI, Part 11.03.00, s. 11.03.02.01.
60 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.
61 City of Orlando, Fees—Commercial Development (last visited Feb. 2, 2026).
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• Madison County charges either $1500, $1700, or $2000, depending on whether it is a preliminary or final
plat and whether improvements are required; additionally, Madison County charges a $50 fee per lot, along
with consultant fees. 62
Once a final plat is approved, it is submitted to the clerk of the circuit court for recording. 63
In 2025, 64 the Legislature strengthened the plat review process by requiring local governments to:
• Administratively approve plat or replat submissions, with no further action by the local government, if the
submittal complies with statutory requirements;
• Designate an administrative authority to receive, process, and review the plat or replat submittal; and
• Within 7 business days of receiving a submission, provide written notice to the applicant acknowledging
receipt of the submittal, identifying any deficiencies, and providing timeframes for reviewing, approving,
and otherwise processing the plat or replat submittal. 65
Expedited Approval of Residential Building Permits Prior to Plat Approval
Counties and municipalities that meet certain population thresholds that have at least 25 acres of contiguous land
that is designated in its comprehensive plan and future land use map as land that is agricultural or to be developed
for residential purposes are required to develop a program for the expediated issuance of building permits for
residential subdivisions or planned communities before a final plat is recorded with the clerk of the circuit court. 66
As part of this process, each county and municipality subject to the requirements much create:
• A two-step application process for the adoption of a preliminary plat, inclusive of any plans, in order to
expedite the issuance of building permits related to such plats.
• A master building permit process consistent with existing master building permit application requirements
for applicants seeking multiple building permits for residential subdivisions or planned communities, with
the master building permits issued being valid for the earlier of three consecutive years after issuance or
until the adopting of a new Building Code. 67
The expedited process must include an application for an applicant to identify up to 50 percent of planned homes,
or the number of building permits, that the governing body must issue for the residential subdivision or planned
community, increasing to 75 percent on December 31, 2027. 68 The local government is required to issue these
building permits to the applicant, provided that the residential buildings or structures are unoccupied and all of the
following conditions are met:
• The governing body has approved a preliminary plat for each residential subdivision or planned
community.
• 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.
• 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. For purposes of a master planned
community, a valid performance bond is required on a phase-by-phase basis. 69
62 Madison County, Planning & Zoning Fees, Madison County Resolution No. 2016-09-14A. (last visited Feb. 2, 2026).
63 See s. 177.073(1)(b), F.S.
64 See ch. 2025-164.
65 S. 177.01, F.S.
66 S. 177.073(2)(a), F.S. This requirement applies to counties with at least 75,000 residents and municipalities with at least
10,000 residents, excluding Monroe County and municipalities therein.
67 S. 177.073(3), F.S.
68 S. 177.073(2)(a), (c), F.S.
69 S. 177.073(6), F.S.
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10
CS/HB 927
Applicants are allowed to use a private provider to expedite the application process and each local government
required to create a program must 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 plans related to such application. 70 A qualified contractor
on the registry who is hired to review an application, or any part thereof, for a preliminary plat, or any part thereof,
may not have a conflict of interest with the applicant.
Applicants are prohibited from transferring ownership of a residential structure or building constructed pursuant
to this process and from receiving a temporary or final certificate of occupancy, until the final plat has been
approved by the governing body and recorded in the public records by the clerk of the circuit court. 71
Applicants gain a vested right in a preliminary plat that has been approved by a governing body if all of the
following conditions are met:
• The applicant relies in good faith on the approved preliminary plat or any amendments thereto.
• The applicant incurs obligations and expenses, commences construction of the residential subdivision or
planned community, and is continuing in good faith with the development of the property. 72
Once the applicant's vested rights are established, a governing body of a county or municipality may not make
substantive changes to the preliminary plat without the applicant's written consent. 73
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 13 Y, 1 N, As CS 2/5/2026 Darden Darden
Subcommittee
THE CHANGES ADOPTED BY THE • Provided additional definitions.
COMMITTEE: • Removed provisions relating to a model ordinance.
• Revised process for the creation of the registry of qualified contractors.
• Clarified when an applicant may use a private provider for review of a
permit related to the expedited approval procedure of residential
building permits.
• Prohibited local governments from conditioning its issuance of building
permits on specified actions by the applicant.
Commerce Committee Hamon Fletcher
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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70 S. 177.073(4), F.S.
71 S. 177.074(7)(a), F.S.
72 S. 177.073(8), F.S. See also Monroe Cnty. v. Ambrose, 866 So.2d 707, 710 (Fla. 3rd DCA 2003).
73 S. 177.073(9), F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 927 2026
1 A bill to be entitled
2 An act relating to local land planning and
3 development; creating s. 163.3169, F.S.; providing
4 legislative findings; defining terms; requiring the
5 governing body of a local government, by a specified
6 date, to create a program that authorizes an applicant
7 to use a qualified contractor to conduct
8 preapplication review of an application; requiring the
9 governing body to establish certain processes;
10 providing specifications for such program; providing
11 that the program must require a local government to
12 approve an application upon the applicant's submittal
13 of the application with an affidavit verifying certain
14 information; requiring the local government to approve
15 the application in a specified timeframe; prohibiting
16 the development services office of a local government
17 from conducting any additional review of certain
18 documents that were subject to preapplication review;
19 providing an exception; prohibiting a local government
20 from enacting certain requirements that would regulate
21 an applicant's ability to use and otherwise interact
22 with a qualified contractor pursuant to the program;
23 providing an exception; requiring the development
24 services office of a local government to establish a
25 registry of a specified number of qualified
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26 contractors to be used to conduct preapplication
27 reviews; prohibiting the development services office
28 from adding a qualified contractor or a firm to the
29 registry upon such entity's request under certain
30 conditions; authorizing the development services
31 office of a local government to register less than the
32 specified number of qualified contractors under
33 certain circumstances; authorizing a local government
34 to enter into an agreement with a neighboring local
35 government under certain circumstances; prohibiting a
36 local government from adding its own employees to the
37 registry; authorizing an applicant to use a qualified
38 contractor of his or her choosing to perform the
39 preapplication review under certain circumstances;
40 requiring the governing body of the local government
41 receiving such application to accept and process the
42 application without undue conditioning, denial, or
43 delay; providing an exception; specifying requirements
44 for contracts between a local government and a
45 qualified contractor pursuant to this act; requiring a
46 local government to apply the same material terms for
47 certain contract provisions to contracts with
48 qualified contractors as it does in materially similar
49 contracts; requiring local government contracts with
50 qualified contractors to be as favorable and as
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51 stringent as contracts with private contractors
52 performing comparable services; prohibiting a local
53 government from enforcing any additional criteria for
54 qualified contractors beyond what is authorized by the
55 act; nullifying any such criteria; specifying
56 requirements for contracts entered into with qualified
57 contractors; specifying minimum insurance requirements
58 for qualified contractors; providing construction;
59 providing severability; authorizing an applicant to
60 select a qualified contractor or firm from the
61 registry; prohibiting the applicant from directly
62 paying the qualified contractor; requiring such
63 payments be made to the local government; requiring
64 the local government to pay the qualified contractor
65 within a specified timeframe; requiring a local
66 government to reduce an application fee under certain
67 circumstances; specifying requirements for the
68 calculation of such fee reduction; prohibiting a local
69 government from imposing a surcharge, but authorizing
70 the charge of an administrative fee for the use of a
71 qualified contractor to conduct preapplication review;
72 specifying requirements for such administrative fee;
73 requiring any fee collected to be based on costs
74 actually incurred pursuant to preapplication review;
75 requiring the development services office of a local
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76 government to provide a qualified contractor with
77 equal access to resources; requiring the development
78 services office to protect against the disclosure of
79 confidential records; requiring a local government to
80 process an application in a specified timeframe if an
81 applicant does not use a qualified contractor for
82 preapplication review; authorizing an applicant to use
83 a qualified contractor at the sole expense of the
84 local government under certain circumstances;
85 providing for the automatic approval of applications
86 under certain circumstances; requiring a qualified
87 contractor to conduct a preapplication review for only
88 the disciplines the qualified contractor is licensed
89 or certified; prohibiting a qualified contractor from
90 conducting preapplication review under certain
91 circumstances; requiring a qualified contractor to
92 determine whether the application is in compliance
93 with certain regulations and to work with the
94 applicant to resolve deficiencies; requiring a
95 qualified contractor to submit an affidavit to the
96 development services offices certifying certain
97 information upon a determination that the application
98 complies with certain provisions; specifying
99 requirements for such affidavit; requiring the
100 development services office to approve or deny an
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101 application upon receipt; specifying requirements for
102 the development services office if an application is
103 denied; providing construction; prohibiting a
104 development services office or local government from
105 authorizing any law or provision that has the effect
106 of modifying, impairing, or nullifying the act;
107 prohibiting a local government from relying on any law
108 or provision that regulates this act; authorizing a
109 local government to establish a registration system to
110 verify whether a qualified contractor or related
111 entity is in compliance with certain requirements;
112 providing preemption; providing that qualified
113 contractors are subject to certain disciplinary
114 guidelines; requiring that any complaint investigation
115 or discipline that may arise out of a qualified
116 contractor's preapplication review be conducted by a
117 certain professional board; prohibiting a development
118 services office or local government from auditing a
119 qualified contractor's preapplication review until
120 such entity creates standard auditing procedures;
121 specifying requirements for such procedures; requiring
122 that such audit procedures be publicly accessible;
123 requiring that the results of such audit be made
124 publicly available and updated on a specified basis;
125 providing a limit on audit frequency; providing an
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126 exception; providing immunity for specified entities;
127 authorizing local governments, school districts, or
128 independent special districts to use qualified
129 contractors for preapplication review for certain
130 projects; authorizing applicants to bring civil
131 actions under certain circumstances; defining the term
132 "prevailing party"; providing for the award of
133 attorney fees, costs, and damages; providing
134 exceptions; amending s. 177.071, F.S.; prohibiting
135 local governments from creating or establishing
136 additional regulations for the approval of a final
137 plat; requiring a local government to designate a
138 certain administrative authority to take certain
139 actions relating to the approval of infrastructure
140 assurances; requiring a local government to accept
141 certain forms of surety instruments; amending s.
142 177.073, F.S.; revising the definition of the term
143 "applicant"; requiring the governing body of certain
144 local governments and counties to create a program to
145 expedite the process for building permits for planned
146 unit developments or phases of a community or
147 subdivision; specifying requirements for applicants,
148 qualified contractors, and the governing body of a
149 local government in the event that the local
150 government fails to update or modify a certain program
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151 by a specified date; providing construction; requiring
152 a governing body to create a two-step application
153 process under certain circumstances; revising
154 requirements for such application process; authorizing
155 an applicant to use a qualified contractor for land
156 use approvals under certain circumstances; authorizing
157 an applicant to retain a private provider or qualified
158 contractor to process, review, and expedite an
159 application for a preliminary plat or related plans
160 under certain circumstances; defining "conflict of
161 interest"; requiring an applicant to replace a
162 qualified contractor or private provider if a conflict
163 of interest is discovered; prohibiting a governing
164 body from restricting an applicant's use of a private
165 provider or qualified contractor under certain
166 circumstances; requiring a governing body to treat
167 documents submitted by a private provider or an
168 applicant in the same manner as they treat other
169 documents submitted by certain individuals;
170 authorizing a governing body to take certain actions;
171 prohibiting a governing body from imposing certain
172 requirements; requiring an applicant to be responsible
173 for certain fees and costs; voiding and preempting
174 conflicting provisions; defining the term "approved
175 plans"; providing construction; prohibiting a local
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176 government from conditioning, delaying, withholding,
177 or denying the issuance of any permit under certain
178 circumstances; authorizing a local government to waive
179 certain bonding requirements under certain
180 circumstances; revising the circumstances under which
181 an applicant has a vested right in a preliminary plat;
182 providing for preemption; prohibiting any unit of
183 government from taking certain actions or otherwise
184 regulating any processes, approvals, permits, plans,
185 or activities related to land development in a more
186 stringent manner than is required by the act;
187 prohibiting a local government from imposing any
188 measure that would have the effect of conflicting with
189 the act; voiding and preempting conflicting
190 provisions; prohibiting a local government from
191 enacting any law or rule related to building permits
192 which is more strict than those enacted by a state
193 agency governing the same activity and resource;
194 providing that such requirement does not apply to
195 certain floodplain management ordinances; providing an
196 effective date.
197
198 Be It Enacted by the Legislature of the State of Florida:
199
200 Section 1. Section 163.3169, Florida Statutes, is created
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201 to read:
202 163.3169 Using qualified contractors in local planning and
203 permitting decisions.—
204 (1) LEGISLATIVE FINDINGS.—
205 (a) The Legislature recognizes the need for continued
206 growth throughout the state, and the need for an efficient
207 permitting process to accommodate such growth, while balancing
208 the role of local governments in community planning.
209 (b) The Legislature further recognizes that numerous local
210 governments implement innovative planning and development
211 strategies by using the private sector to supplement the needs
212 of government and to keep pace with increasing populations,
213 unmet demands for housing, and continuing budget constraints. To
214 continue meeting future growth demands, all local governments
215 shall use all available resources to ensure that private
216 property owners seeking to build or develop the next generation
217 of this state's housing supply are not burdened by limited local
218 government workforces and can by right use a qualified
219 contractor from the private sector to responsibly review
220 applications as submitted and authorized under this section.
221 (2) DEFINITIONS.—As used in this section, the term:
222 (a) "Applicant" means a developer, homebuilder, or
223 property owner who files an application with a development
224 services office of the governing jurisdiction, which may be
225 submitted and authorized by a qualified contractor, pursuant to
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226 this section.
227 (b) "Application" means a properly completed and submitted
228 request for a permit, plans review, or plat approval, including
229 final or preliminary plats, or other types of approvals as
230 deemed necessary by the land development regulations from a
231 development services office. The request includes an affidavit
232 from a qualified contractor attesting that such permit
233 application, request for plans review, or plat approval complies
234 with the land development regulation and any applicable fee. The
235 term does not include plans or permits as reviewed under s.
236 553.791.
237 (c) "Audit" means a limited, post-submittal verification
238 process conducted solely to confirm that a qualified
239 contractor's preapplication review supports the findings in the
240 required affidavit, demonstrates that the review was performed
241 in accordance with the normal and customary professional
242 practices for the applicable discipline, and that the
243 affidavit's findings are supported by competent and substantial
244 evidence. An audit under this section may not replicate, redo,
245 or substitute for the preapplication review performed by the
246 qualified contractor, and may not go beyond the scope of
247 verifying performance, customary practice, and evidentiary
248 support, unless expressly authorized by this section.
249 (d) "Development services office" means the entity,
250 office, division, or department of a local government
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251 responsible for reviewing applications for compliance with the
252 local government's land development regulations and other
253 applicable federal, state, and local requirements. This office
254 may be substantively identical to or housed within the local
255 government's planning and zoning department.
256 (e) "Development services official" means the individual
257 in the development services office of the governing jurisdiction
258 responsible for the direct regulatory administration or
259 supervision of the review and approval process required to
260 indicate compliance with applicable land development
261 regulations. The term includes any duly authorized designee of
262 such person. This individual may be the executive director of
263 the governing body of a local government or the division
264 director of the local government's planning and zoning
265 department.
266 (f) "Final plat" has the same meaning as in s. 177.073.
267 (g) "Governing body" has the same meaning as in s.
268 163.3164.
269 (h) "Land development regulations" means ordinances
270 enacted by governing bodies for the regulation of any aspect of
271 development and includes any local government zoning, rezoning,
272 subdivision, building construction, or sign regulations, or any
273 other regulations controlling the development of land.
274 (i) "Local government" means a county, a municipality, or
275 a district created pursuant to chapter 189 or chapter 190.
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276 (j) "Permit" means an authorization, approval, or grant by
277 a local governing body or development services office that
278 permits the development of land, including any zoning permit,
279 subdivision approval, rezoning, special exception, variance, or
280 any other application, as necessary.
281 (k) "Plans" means site engineering plans or site plans, or
282 their functional equivalent, submitted by an applicant to a
283 qualified contractor or duly authorized representative for
284 review.
285 (l) "Preapplication review" means the analysis conducted
286 by a qualified contractor of the permits, plans, or plats,
287 including final or preliminary plats, to ensure compliance with
288 the applicable land development regulations, and which is part
289 of the application as authorized under this section.
290 (m) "Preliminary plat" means a map or delineated
291 representation of the subdivision of lands which is a complete
292 and exact representation of the residential subdivision or
293 planned community, and contains any additional information
294 needed to comply with the requirements of chapter 177.
295 (n) "Qualified contractor" means the individual or firm
296 contracted with a development services office or local
297 government to conduct a preapplication review, and who is
298 included in the registry as required by this section. The term
299 includes, but is not limited to, any of the following:
300 1. An engineer or engineering firm licensed under chapter
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301 471.
302 2. A surveyor or mapper, or a surveyor's or mapper's firm
303 licensed under chapter 472.
304 3. An architect or architecture firm licensed under part I
305 of chapter 481.
306 4. A landscape architect or a landscape architecture firm
307 registered under part II of chapter 481.
308 5. A planner certified by the American Institute of
309 Certified Planners.
310 6. A local government employee.
311 (o) "Single-trade review" means any review focused on a
312 single component of an application, such as engineering,
313 surveying, planning, or architectural.
314 (3) REQUIREMENTS.—
315 (a) By October 1, 2026, the governing body of a local
316 government shall create a program by which a development
317 services office authorizes an applicant to use a qualified
318 contractor to conduct a preapplication review of any plans,
319 permits, or plats submitted in an application. The governing
320 body must establish the processes by which an applicant may
321 submit an application for approval to the local government,
322 following a preapplication review conducted by a qualified
323 contractor. The program must specify at least all of the
324 following:
325 1. The manner in which the development services office
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326 enters into a contract with a qualified contractor.
327 2. Minimum requirements for selection as a qualified
328 contractor for the program, including verification of current
329 licensure or certification status and review of any adverse
330 actions, discipline, or restrictions imposed by the applicable
331 professional licensing board. A local government may not
332 consider or require as criteria for selection or qualification
333 the contractor's years of experience, geographic location, or
334 any prior or existing work for or with the local government.
335 3. The minimum and maximum hourly rates that a qualified
336 contractor may charge an applicant, comparable to market
337 averages.
338 4. Other necessary and indispensable procedural
339 requirements to implement this section, such as requirements
340 relating to intake, payment, recordkeeping, and notice
341 processes. Additional requirements may not conflict with or
342 impair the intent of this section; may not add to, modify,
343 limit, or condition the rights, duties, standards, scope,
344 qualifications, or effects established by this section; and may
345 not impose any substantive review criteria, terms, or conditions
346 on applicants or qualified contractors.
347 (b) The program must require a local government to approve
348 an application upon the submission of such application with an
349 affidavit verifying that the application, as submitted to the
350 qualified contractor for preapplication review, complies with
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351 the applicable land development regulations. The program may not
352 impose additional terms, conditions, or duplicative review
353 processes. The application must be approved by the local
354 government within the specified timeframes under ss. 125.022 and
355 166.033. The development services office shall not conduct any
356 additional review of the permits, plans, or plats, including
357 final or preliminary plats, subject to the preapplication
358 review, except as expressly authorized by this section. A local
359 government may not enact any requirement to the program that
360 would complicate or impair the applicant's ability to use a
361 qualified contractor pursuant to the program, or otherwise
362 regulate the selection, scope, timing, methods, or fees of a
363 qualified contractor's preapplication review, except as
364 expressly authorized by this section.
365 (4) REGISTRY.—
366 (a) The development services office of a local government
367 shall establish a registry of at least six qualified
368 contractors, or, for local governments serving populations of
369 less than 10,000, a registry including no less than three
370 qualified contractors, whom the local government shall use to
371 conduct preapplication reviews pursuant to the program. If the
372 minimum requirements for the qualified contractor specified in
373 subparagraph (3)(a)2. are met, the development services office
374 does not have discretion to add a qualified contractor or
375 qualified contractor firm to the registry upon such entity's
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376 request to be added to the registry.
377 (b) If, after making reasonable efforts, less than six
378 qualified contractors are available, or if less than three
379 qualified contractors are available for local governments
380 serving populations of less than 10,000, the development
381 services office shall register any willing available qualified
382 contractors that meet the requirements of subparagraph (3)(a)2.
383 (c) The local government may enter into an agreement with
384 a neighboring local government for the purpose of using public
385 employees who meet the requirements for a qualified contractor
386 to complete the preapplication review. A local government may
387 not add its own employees to the registry.
388 (5) SELECTION OF A QUALIFIED CONTRACTOR OF APPLICANT'S
389 CHOICE.—
390 (a) If any of the following conditions exist, an applicant
391 who elects to participate in the program must have the
392 unconditional right to use a qualified contractor of his or her
393 choice, as long as the qualified contractor satisfies the
394 minimum requirements in subparagraph (3)(a)2. for preapplication
395 review:
396 1. The governing body of a local government fails to
397 create the program established pursuant to subsection (3) before
398 October 1, 2026.
399 2. The development services office of the local government
400 fails to create the registry as required pursuant to subsection
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401 (4).
402 3. The registry created pursuant to subsection (4) does
403 not consist of the requisite number of qualified contractors.
404 (b) The local government must approve such application
405 pursuant to this subsection and may not condition, deny, delay,
406 or otherwise contest the applicant's selection or use of the
407 qualified contractor, except upon a written determination
408 supported by competent substantial evidence that the qualified
409 contractor has a conflict of interest with the applicant, as
410 defined in s. 112.312, or under any stricter conflict of
411 interest standards applicable to the contractor's professional
412 license.
413 (6) CONTRACT TERMS; UNIFORMITY; INSURANCE.—
414 (a) A contract entered into by a local government with a
415 qualified contractor under this section must contain terms and
416 conditions that are consistent with, and as strict as, the
417 requirements of this section. A local government may not include
418 any contractual term, condition, policy, procedure, or
419 specification that has the effect of expanding, modifying, or
420 restricting the rights, obligations, or processes established by
421 this section.
422 (b) A local government shall apply the same material terms
423 governing payment, performance standards, deliverables,
424 timelines, notices, curing, and oversight to contracts with
425 qualified contractors, as it applies to materially similar
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426 contracts for services procured from private contractors for
427 comparable scope and complexity. A local government may not
428 impose different or more burdensome payment terms, performance
429 obligations, audit or reporting requirements, or oversight
430 mechanisms on qualified contractors than those applied to
431 private contractors providing comparable services. If the local
432 government uses substantially similar contracts for private
433 contractors performing comparable services, the contracts
434 governing qualified contractors must be no less favorable than
435 the contracts applied to private contractors, and may not be
436 more stringent than the terms that would apply to a similarly
437 situated private contractor.
438 (c) A local government may not, by contract or otherwise,
439 establish, apply, or enforce any additional criteria,
440 qualifications, prerequisites, certifications, rating systems,
441 experience thresholds, or approval conditions for qualified
442 contractors beyond those expressly authorized by this section
443 and applicable state professional licensure requirements. Any
444 term or condition that purports to create additional criteria or
445 qualifications beyond those authorized by this section is void.
446 (d) A local government shall adopt and use standard
447 contract terms and conditions for agreements with qualified
448 contractors which are substantially similar in form and
449 substance to the local government's standard professional
450 services agreements used for materially similar engagements with
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451 private sector providers. The standard contract shall, at a
452 minimum, address scope of services, compensation, invoicing,
453 delivery schedules, termination, dispute resolution, audits
454 limited to compliance with this section, records retention
455 consistent with public records laws, and professional
456 responsibility. A local government may not draft or apply
457 standard terms in a manner that undermines or frustrates the
458 purpose and operation of this section.
459 (e) Insurance requirements for qualified contractors must
460 be commensurate with the estimated value, scope, and risk
461 profile of the services to be performed under the contract and
462 must align with commercially reasonable standards for similarly
463 situated professional services within the jurisdiction. A local
464 government may not impose insurance requirements that exceed
465 what is reasonably necessary for the specific engagement, that
466 exceed the minimum coverage required under applicable state
467 professional licensing laws absent a documented, project-
468 specific risk determination, or that operate as a barrier to
469 registration or participation by an otherwise qualified
470 contractor. Any insurance requirement must be stated with
471 specificity, including types and limits of coverage, and shall
472 allow the use of customary insurance instruments and
473 endorsements available in the admitted or surplus lines markets.
474 (f) A local government may not, through any contractual
475 provision, administrative interpretation, or implementation
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476 practice, impose obligations on a qualified contractor which
477 frustrate, impair, or defeat the legislative intent or
478 requirements of this section, including by replicating
479 preapplication reviews, imposing duplicative performance
480 standards, or conditioning payment on approvals or reviews not
481 authorized by this section. Any contractual provision that
482 conflicts with this section or frustrates its purpose is void
483 and unenforceable.
484 (g) This subsection shall be liberally construed to
485 effectuate the uniform treatment of qualified contractors
486 consistent with private sector contracting practices within the
487 jurisdiction, and to prohibit the indirect circumvention of this
488 section through contract terms. If any provision of this
489 subsection or its application to any person or circumstance is
490 held invalid, the invalidity does not affect other provisions or
491 applications of this subsection which can be given effect
492 without the invalid provision or application, and to this end
493 the provisions of this subsection are severable.
494 (7) PAYMENT, FEES, AND PREAPPLICATION REVIEW.—
495 (a) The applicant shall have sole discretion to choose a
496 qualified contractor or firm from the established registry under
497 subsection (4) to conduct a preapplication review. The applicant
498 may not pay the qualified contractor directly. Such payment must
499 be made to the local government as part of the application. The
500 local government shall ensure the qualified contractor or the
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501 qualified contractor firm is paid within 30 days after
502 completion of services rendered pursuant to the application.
503 (b) If an applicant uses a qualified contractor for the
504 purposes of conducting a preapplication review, the local
505 government must reduce any application fee by the amount of cost
506 savings realized by the development services office for not
507 having to perform such services. Such reduction may be
508 calculated on a flat fee or percentage basis, or any other
509 reasonable means by which a development services office assesses
510 the cost for its application review.
511 1. A local government may not impose a surcharge for
512 preapplication review if the applicant uses a qualified
513 contractor to conduct a preapplication review; however, the
514 local government may charge a reasonable administrative fee,
515 which must be based on the cost that is actually incurred,
516 including the labor cost of the personnel providing the service,
517 by the local government or attributable to the local
518 jurisdiction for the clerical and supervisory assistance
519 required, or both.
520 2. Any fee collected must be based on costs actually
521 incurred pursuant to the preapplication review of an application
522 submitted pursuant to this section.
523 (c) If an applicant uses a qualified contractor to conduct
524 a preapplication review, the development services office must
525 provide the qualified contractor with equal access to the data,
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526 resources, documents, reports, and other information reasonably
527 necessary to perform that review. Such access must be provided
528 only by means that prevent the disclosure of records that are
529 confidential or exempt from public inspection or copying under
530 chapter 119, or any other applicable provision of law protecting
531 private or exempt records, including, but not limited to, secure
532 software portals, access controls, or redaction protocols that
533 safeguard exempt information.
534 (d) If an applicant does not use a qualified contractor
535 pursuant to this section, the local government must process the
536 application within the specified timeframes under ss. 125.022
537 and 166.033. The local government shall use all available
538 resources to ensure compliance with such timeframes. If the
539 local government fails to process the application within such
540 timeframes, the applicant may use a qualified contractor at the
541 sole expense of the local government, as long as the qualified
542 contractor does not have a conflict of interest with the
543 applicant, to review the permits, plans, or plats, including
544 final and preliminary, subject to the preapplication review. If
545 the applicant uses a qualified contractor for preapplication
546 review pursuant to this paragraph, such application must be
547 approved automatically when the local government receives an
548 affidavit from the qualified contractor, and subsection (10)
549 does not apply.
550 (8) RESTRICTIONS ON PREAPPLICATION REVIEW.—A qualified
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551 contractor must conduct preapplication review only for
552 applications relating to the disciplines covered by such
553 qualified contractor's or qualified contractor firm's licensure
554 or certification granted pursuant to chapter 471, chapter 472,
555 or chapter 481, or as certified by the American Institute of
556 Certified Planners, including single-trade review. A qualified
557 contractor may not conduct a preapplication review pursuant to
558 this section if the qualified contractor or the qualified
559 contractor firm is used by the applicant for the same project
560 that is the subject of the application.
561 (9) AFFIDAVIT REQUIREMENTS.—
562 (a) A qualified contractor performing a preapplication
563 review must determine whether the application is in compliance
564 with all applicable land development regulations, comprehensive
565 plan regulations, ordinances, and codes of the governing
566 jurisdiction. The qualified contractor shall work directly with
567 the applicant to resolve any deficiencies. Upon making the
568 determination that the application complies with all relevant
569 land development regulations, comprehensive plan regulations,
570 ordinances, and codes, the qualified contractor shall prepare an
571 affidavit certifying that the following information is true and
572 correct to the best of the qualified contractor's knowledge and
573 belief:
574 1. The preapplication review was conducted by the affiant,
575 who is duly authorized to perform a preapplication review
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576 pursuant to this section and holds the appropriate license or
577 certificate.
578 2. The permits, plans, or plats, including final and
579 preliminary, reviewed in the application, comply with all
580 applicable land development regulations, comprehensive plan
581 regulations, ordinances, and codes.
582 (b) Such affidavit must bear a written or electronic
583 signature and must be submitted electronically to the
584 development services office.
585 (10) AUTHORIZATION AND APPROVAL.—
586 (a) Upon receipt of an application accompanied by an
587 affidavit of the qualified contractor pursuant to subsection
588 (9), the development services office must review and approve or
589 deny such application.
590 (b) Upon the denial of such application, the office must
591 provide written notice to the applicant, specifically
592 identifying any aspects of the application which do not comply
593 with this section; applicable land development regulations;
594 comprehensive plan regulations, ordinances, or codes; and the
595 reasons the application was denied, as well as the specific code
596 chapters and sections, within 10 business days after receipt of
597 the application and affidavit. If the development services
598 office does not provide written notice to the permit applicant
599 within 10 business days, the application shall be deemed
600 approved as a matter of law, and the development services office
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601 must issue the authorization or approval of the application by
602 the following business day.
603 (c) The development service office's approval or denial of
604 an application may not be construed as an evaluation of the
605 preapplication review conducted by the qualified contractor.
606 (11) CONSTRUCTION.—
607 (a) Notwithstanding any other law, charter provision,
608 ordinance, regulation, policy, practice, or exercise of police
609 or regulatory powers, a development services office or local
610 government may not adopt, interpret, apply, condition, enforce,
611 or otherwise give effect to any law, rule, ordinance, charter
612 provision, resolution, procedure, policy, guidance, standard,
613 qualification, fee, surcharge, contractual term, or
614 administrative or quasi-judicial practice that, directly or
615 indirectly, imposes any requirement, restriction, delay, review,
616 approval, denial, condition, audit, inspection, or other barrier
617 to an applicant's use of this section, or is more stringent
618 than, augments, supplements, conflicts with, frustrates,
619 circumvents, or has the effect of modifying, impairing, or
620 nullifying the express terms, purposes, or operation of this
621 section.
622 (b) A local government may not invoke, construe, or rely
623 upon any other provision of general law, special law, home rule
624 authority, comprehensive plan policy, land development
625 regulation; building, zoning, or subdivision requirement; or any
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626 public safety, health, welfare, or nuisance authority to expand,
627 supplement, supersede, or diminish the rights, processes,
628 timelines, approvals, or remedies established by this section,
629 nor may any local government condition the acceptance,
630 processing, or approval of an application authorized by this
631 section in compliance with any additional or different
632 requirements not expressly authorized herein.
633 (c) A development services office or local government may
634 establish a registration system to verify whether a qualified
635 contractor, a qualified contractor firm, or a duly authorized
636 representative working alongside such entities is in compliance
637 with licensure requirements and all applicable insurance
638 requirements for holding the professional license.
639 (d) Any local provision or action inconsistent with this
640 subsection is preempted, void, and unenforceable to the extent
641 of the inconsistency, and this section shall control and be
642 given full force and effect over any conflicting or more
643 stringent provision of law, whether general, special, or local,
644 including any charter or home rule provision, without regard to
645 the order or time of enactment.
646 (12) DISCIPLINARY GUIDANCE.—When performing a
647 preapplication review, a qualified contractor is subject to the
648 disciplinary guidelines of the applicable professional board
649 with jurisdiction over his or her license or certification under
650 chapter 471, chapter 472, or chapter 481. Any complaint
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651 investigation or discipline that may arise out of a qualified
652 contractor's preapplication review shall be conducted by the
653 applicable professional board.
654 (13) AUDIT PROCEDURES.—
655 (a) A development services office or local government may
656 not audit the preapplication review of a qualified contractor
657 operating within the local government's jurisdiction until the
658 development services office or local government has created
659 standard auditing procedures for its internal inspection and
660 review staff. Such procedures must include, but are not limited
661 to, all of the following:
662 1. The purpose and scope of the audit.
663 2. The audit criteria.
664 3. A framework for audit processes and procedures for a
665 qualified contractor to file an objection to such audit's
666 findings.
667 4. A framework for documenting detailed findings of areas
668 of noncompliance.
669 (b) Such audit procedures must be publicly available
670 online, and a printed version must be readily accessible in the
671 development services office or local government buildings.
672 (c) The results of such audits must be made publicly
673 available and must be updated at least every 6 months. The
674 office's audit processes must adhere to the office's posted
675 standard audit procedures. A qualified contractor or qualified
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676 contractor firm may not be audited more than four times a year,
677 unless the development services office determines a condition of
678 an application constitutes an immediate threat to public safety
679 and welfare, which must be communicated in writing to the
680 qualified contractor or qualified contractor firm.
681 (14) IMMUNITY.—The development services office,
682 development services officials, and the local government shall
683 be immune from liability to any person or party for any action
684 or inaction by an applicant, a qualified contractor, or a
685 qualified contractor firm or its duly authorized representative,
686 in connection with a preapplication review as authorized in this
687 act. Any qualified contractor or qualified contractor firm
688 retained by the local government under contract to review any
689 application filed with the local government pursuant to this
690 section shall be considered an agent of the local government in
691 determining the state insurance coverage and sovereign immunity
692 protection applicability of ss. 284.31 and 768.28.
693 (15) PREAPPLICATION REVIEW FOR SPECIFIED ENTITIES.—
694 Notwithstanding any other law, a county, a municipality, a
695 school district, or an independent special district may use a
696 qualified contractor to provide preapplication or application
697 reviews for a public works project by the county, municipality,
698 school district, or independent special district.
699 (16) CIVIL ACTIONS AUTHORIZED.—
700 (a) An applicant may bring a civil action for declaratory
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701 or injunctive relief against a county or municipality for a
702 violation of this section. In any such action, the court shall
703 award the applicant its reasonable attorney fees and costs,
704 including reasonable appellate attorney fees and costs, if the
705 court determines that the applicant is the prevailing party. For
706 purposes of this paragraph, the term "prevailing party" means
707 the party that obtains an enforceable judgment, order, or
708 comparable court-sanctioned relief on the merits which
709 materially alter the legal relationship of the parties in that
710 party's favor, including the granting of declaratory or
711 injunctive relief or the dismissal with prejudice of the
712 opposing party's claims. The term does not include a party whose
713 objectives are achieved solely by the voluntary cessation of
714 challenged conduct absent a judicial determination or other
715 relief bearing the court's imprimatur. If neither party prevails
716 on the significant issues, or if both parties prevail in part,
717 the court may determine that no party is the prevailing party
718 and may equitably apportion fees and costs.
719 (b) Attorney fees and costs and damages may not be awarded
720 pursuant to this subsection if:
721 1. The applicant provides the governing body of the county
722 or municipality written notice that it is in violation of this
723 section; and
724 2. The governing body of the county or municipality
725 complies with this section within 14 days or issues the
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726 authorization or approval request within 14 days.
727 Section 2. Paragraph (c) is added to subsection (1) of
728 section 177.071, Florida Statutes, to read:
729 177.071 Administrative approval of plats or replats by
730 designated county or municipal official.—
731 (1)
732 (c) The local government may not create or establish any
733 additional regulations or requirements that the applicant must
734 meet for the approval of a final plat. Local governments
735 requiring infrastructure assurances in connection with a final
736 plat approval shall designate the same administrative authority
737 as designated in paragraph (a) to receive and administratively
738 approve or accept the surety instrument. The local government
739 shall accept all commonly used forms of surety instruments or
740 alternative forms of financial assurances, including, but not
741 limited to, performance bonds, letters of credit, escrow
742 agreements, or cash escrow with the county.
743 Section 3. Paragraph (a) of subsection (1), paragraphs (a)
744 and (b) of subsection (2), paragraph (a) of subsection (3),
745 subsection (4), paragraphs (b) and (c) of subsection (6), and
746 subsection (8) of section 177.073, Florida Statutes, are
747 amended, paragraph (d) is added to subsection (2), and
748 subsection (11) is added to that section, to read:
749 177.073 Expedited approval of residential building permits
750 before a final plat is recorded.—
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751 (1) As used in this section, the term:
752 (a) "Applicant" means a homebuilder or developer who files
753 an application with the local governing body to identify the
754 percentage of planned homes, or the number of building permits,
755 that the local governing body must issue for a residential
756 subdivision, planned unit development, or one or more phases in
757 a multi-phased planned community, subdivision, or planned
758 community.
759 (2)(a) By October 1, 2024, the governing body of a county
760 that has 75,000 residents or more and any governing body of a
761 municipality that has 10,000 residents or more and 25 acres or
762 more of contiguous land that the local government has designated
763 in the local government's comprehensive plan and future land use
764 map as land that is agricultural or to be developed for
765 residential purposes shall create a program to expedite the
766 process for issuing building permits for residential
767 subdivisions, planned unit developments, one or more phases of a
768 community or subdivision, or planned communities in accordance
769 with the Florida Building Code and this section before a final
770 plat is recorded with the clerk of the circuit court. The
771 expedited process must include an application for an applicant
772 to identify the percentage of planned homes, not to exceed 50
773 percent of the residential subdivision or a planned community,
774 or the number of building permits that the governing body must
775 issue for the residential subdivision or planned community. The
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776 application or the local government's final approval may not
777 alter or restrict the applicant from receiving the number of
778 building permits requested, so long as the request does not
779 exceed 50 percent of the planned homes of the residential
780 subdivision or planned community or the number of building
781 permits. This paragraph does not:
782 1. Restrict the governing body from issuing more than 50
783 percent of the building permits for the residential subdivision
784 or planned community.
785 2. Apply to a county subject to s. 380.0552.
786 (b) Subject to the requirements under subsection (6)(b), a
787 governing body that had a program in place before July 1, 2023,
788 to expedite the building permit process, need only update its
789 their program to approve an applicant's written application to
790 issue up to 50 percent of the building permits for the
791 residential subdivision, planned unit development, or planned
792 community in order to comply with this section. This paragraph
793 does not restrict a governing body from issuing more than 50
794 percent of the building permits for the residential subdivision
795 or planned community.
796 (d) If a governing body fails to adopt a program under
797 paragraph (2)(a) or paragraph (2)(c), or fails to update or
798 modify an existing program as required under paragraph (2)(b) by
799 the applicable statutory deadline, the following will apply
800 without further action or approval by the governing body and
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801 notwithstanding any conflicting local requirement:
802 1. The applicant shall have an unconditional, self-
803 executing right to use a qualified contractor of the applicant's
804 choosing to obtain up to 75 percent of the building permits for
805 the residential subdivision, planned unit development, or
806 planned community, including one or more phases thereof, before
807 the final plat is recorded, provided the qualified contractor
808 does not have a conflict of interest with the applicant. For the
809 purpose of this paragraph, "conflict of interest" has the same
810 meaning as in s. 112.312.
811 2. The governing body, local building official, and any
812 local government staff may not condition, delay, limit,
813 restrict, obstruct, or deny the applicant's use of a qualified
814 contractor under this paragraph, including by imposing any
815 application, review, approval, staffing, procurement,
816 qualification, preapproval, or selection requirements on the
817 qualified contractor other than those expressly required by
818 state law and the Florida Building Code. Any ordinance,
819 resolution, policy, practice, contract, or requirement to the
820 contrary is preempted and void to the extent of the conflict
821 with this paragraph.
822 3. The qualified contractor may perform all services
823 within the scope of his or her licensure and qualifications
824 which are necessary or incidental to obtaining such building
825 permits, including preparing, reviewing, and submitting permit
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826 applications and supporting plans, specifications, and
827 documents, and providing signed and sealed documents when
828 required by law. The local building official shall accept such
829 submissions when prepared and sealed by the qualified contractor
830 as meeting any local requirement that the submission be prepared
831 or reviewed by local government staff, and shall review and
832 issue the permits in accordance with the Florida Building Code
833 and applicable state law.
834 4. The governing body and the local building official may
835 not require the applicant or the qualified contractor to use a
836 local government registry, rotation, shortlist, or any other
837 selection or vetting process, and may not require any written
838 agreement, indemnification, fees, or other conditions specific
839 to the use of a qualified contractor under this paragraph,
840 except for standard building permit fees otherwise applicable to
841 all building permit applications, and any fees expressly
842 authorized by state law.
843 5. The unconditional right provided by this paragraph
844 becomes effective immediately upon the governing body's failure
845 to meet the applicable deadlines in paragraphs (a) or (c),
846 continues in effect unless and until the governing body has
847 adopted or updated a program fully compliant with this section,
848 and may not be limited, impaired, or applied retroactively to
849 reduce the number or percentage of building permits the
850 applicant may obtain or is eligible to obtain under this
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851 paragraph.
852 6. This paragraph does not limit or impair the authority
853 of the local building official to enforce the Florida Building
854 Code, the Florida Fire Prevention Code, or other applicable
855 state laws of general application in reviewing and issuing
856 building permits; however, the governing body and the local
857 building official may not impose any additional local
858 procedures, prerequisites, or substantive standards on the
859 applicant or the qualified contractor which have the effect of
860 conditioning, delaying, restricting, or denying the use of a
861 qualified contractor as authorized by this paragraph.
862 (3) A governing body shall create:
863 (a) A two-step application process for the adoption of a
864 preliminary plat, and for stabilized access roads that can
865 support emergency vehicles, inclusive of any plans, in order to
866 expedite the issuance of building permits under this section.
867 The application must allow an applicant to identify the
868 percentage of planned homes or the number of building permits
869 that the governing body must issue for the residential
870 subdivision, or planned community, planned unit development, or
871 one or more phases of a multi-phased planned community or
872 subdivision.
873 (4)(a) An applicant may use a private provider or
874 qualified contractor for land use approvals in the same manner
875 as provided in pursuant to s. 553.791 to expedite the
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876 application process for any plans necessary to support the
877 approval of a site plan, preliminary or final plat, or building
878 permits after a preliminary plat is approved under this section.
879 (b) A governing body shall establish a registry of at
880 least six three qualified contractors whom the governing body
881 may use to supplement staff resources in ways determined by the
882 governing body for processing and expediting the review of an
883 application for a preliminary plat or any plans related to such
884 application. A qualified contractor on the registry who is hired
885 pursuant to this section to review an application, or any part
886 thereof, for a preliminary plat, or any part thereof, may not
887 have a conflict of interest with the applicant. For purposes of
888 this paragraph, the term "conflict of interest" has the same
889 meaning as in s. 112.312.
890 (c) If a governing body fails to establish or maintain the
891 registry required under paragraph (b), an applicant may, at its
892 sole discretion, retain a private provider or qualified
893 contractor of the applicant's choosing to process, review, and
894 expedite any application for a preliminary plat, or any plans
895 related to such application, provided that the selected private
896 provider or qualified contractor does not have a conflict of
897 interest with the applicant. For purposes of this paragraph, the
898 term "conflict of interest" has the same meaning as in s.
899 112.312. If a conflict of interest is identified after
900 selection, the applicant must promptly replace the private
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901 provider or qualified contractor with one who has no conflict of
902 interest, and the governing body must continue processing
903 without delay or prejudice.
904 (d) The governing body may not condition, delay, or deny
905 the applicant's use of such private provider or qualified
906 contractor, and shall accept, process, and act upon reviews,
907 approvals, recommendations, or certifications submitted by the
908 private provider or qualified contractor in the same manner and
909 within the same timeframes as if performed by the governing
910 body's own staff, or by a contractor on the registry. The
911 governing body may verify credentials, require standard
912 submittal formats, and conduct ministerial compliance checks,
913 but may not impose additional requirements that have the effect
914 of frustrating, negating, or impeding the applicant's right to
915 use a private provider or qualified contractor under this
916 paragraph. The applicant shall be responsible for all fees and
917 costs associated with the private provider or qualified
918 contractor. Any ordinance, resolution, policy, practice,
919 contract, or requirement to the contrary is preempted and void
920 to the extent of conflict with this paragraph.
921 (6) The governing body must issue the number or percentage
922 of building permits requested by an applicant in accordance with
923 the Florida Building Code and this section, provided the
924 residential buildings or structures are unoccupied and all of
925 the following conditions are met:
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926 (b) The applicant provides proof to the governing body
927 that the applicant has provided a copy of the approved
928 preliminary plat, along with the approved plans, to the relevant
929 electric, gas, water, and wastewater utilities. For purposes of
930 this paragraph, "approved plans" means plans approved for design
931 and permit review and does not include, and may not be construed
932 to require or imply, any certification, attestation, or
933 confirmation of the completion of construction of any
934 subdivision or planned community infrastructure, or improvements
935 depicted in, referenced by, or required under such plans, except
936 for the construction of the minimum access and roadway
937 improvements required by the Florida Fire Prevention Code for
938 fire department access and operations, such as a stabilized
939 roadway for emergency access. No other subdivision or planned
940 community infrastructure or improvements may be required to be
941 constructed as a condition of permit issuance or approval.
942 1. A local government may not condition, delay, withhold,
943 or deny the issuance of any building permit authorized under
944 this section on:
945 a. The actual completion, substantial completion, or
946 physical installation of any subdivision or planned community
947 infrastructure, or improvements identified in the approved
948 preliminary plat or approved plans; or
949 b. The submission, acceptance, or approval of any
950 certification of completion or similar documentation, including,
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951 but not limited to, certificates of completion, substantial
952 completion, engineer's or architect's certifications of
953 completion, as-built or record drawings, pressure or compaction
954 test results, utility acceptance letters, service availability
955 letters, or similar confirmations of finished construction or
956 readiness for service.
957 2. This prohibition applies notwithstanding any ordinance,
958 resolution, policy, practice, development order, permit
959 condition, concurrency or proportionate-share requirement,
960 development agreement, interlocal agreement, utility policy or
961 standard, or any other local requirement to the contrary.
962 3. This paragraph does not prohibit a local government
963 from requiring documentation strictly necessary to demonstrate
964 compliance with the Florida Fire Prevention Code as a condition
965 of issuing building permits; however, such documentation may not
966 require the physical completion of the subdivision or planned
967 community infrastructure, or improvements beyond what is
968 expressly required to satisfy the Florida Fire Prevention Code.
969 (c) The applicant holds a valid performance bond for up to
970 130 percent of the necessary improvements, as defined in s.
971 177.031(9), that have not been completed upon submission of the
972 application under this section. For purposes of a master planned
973 community as defined in s. 163.3202(5)(b), a valid performance
974 bond is required on a phase-by-phase basis. For purposes of this
975 section, a local government may waive the bonding requirement in
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976 this paragraph through its program or on a case-by-case basis
977 upon request of the applicant.
978 (8) For purposes of this section, an applicant has a
979 vested right in a preliminary plat that has been approved by a
980 governing body for the earlier of at least 5 years or if all of
981 the following conditions are met:
982 (a) The applicant relies in good faith on the approved
983 preliminary plat or any amendments thereto.
984 (b) The applicant incurs obligations and expenses,
985 commences construction of the residential subdivision or planned
986 community, and is continuing in good faith with the development
987 of the property.
988 (11)(a) Notwithstanding any other law, this section is an
989 express and exclusive preemption of the regulation of the
990 activities governed by this section to the state. A county,
991 municipality, special district, or other political subdivision
992 may not create, adopt, enact, amend, interpret, implement,
993 condition, deny, delay, or otherwise regulate any aspect of the
994 processes, approvals, permits, plans, or activities authorized
995 by or arising under this section in any manner that is
996 inconsistent with, more stringent than, or in addition to the
997 requirements established by this section or an applicant's
998 rights and approvals under this section. A local government may
999 not impose, as a condition of any approval or permit authorized
1000 by this section, any requirement, standard, study, report,
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1001 review, timing or sequencing condition, development order
1002 condition, performance measure, level-of-service or concurrency
1003 determination, exaction, conformity or consistency
1004 determination, or other obligation derived from or contained in
1005 the local government's charter, ordinances, codes, policies,
1006 procedures, resolutions, administrative practices, comprehensive
1007 plan, future land use map, land development regulations, or any
1008 related manual, guideline, or technical standard, if such
1009 requirement would alter, restrict, delay, add to, or otherwise
1010 conflict with the provisions of this section or the approvals
1011 contemplated herein. Any ordinance, resolution, policy,
1012 practice, procedure, plan provision, development order
1013 condition, or other local requirement that purports to regulate
1014 matters preempted by this subsection, or that is inconsistent
1015 with or more stringent than this section, is expressly
1016 preempted, superseded, and void to the extent of the conflict.
1017 (b) Notwithstanding any other law, in reviewing,
1018 processing, or acting on any application for a building permit
1019 under this section, a local government, including its
1020 development services office and local building official, may not
1021 use, enforce, or apply any local ordinance, regulation, policy,
1022 condition, practice, or criterion relating to environmental
1023 protection or natural resources that is substantially similar
1024 to, duplicative of, or more stringent than a state regulatory
1025 program adopted, implemented, or enforced by a state agency
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1026 governing the same activity or resource, and shall instead rely
1027 upon the applicable state program's standards, approvals,
1028 permits, and conditions as determinative of compliance for such
1029 environmental or natural resource matters. This paragraph does
1030 not apply to local floodplain management ordinances adopted to
1031 comply with or participate in the National Flood Insurance
1032 Program, nor does it prohibit a local government from doing any
1033 of the following:
1034 1. Enforcing the Florida Building Code, Florida Fire
1035 Prevention Code, or other state preempted life-safety standards.
1036 2. Implementing a state environmental or natural resource
1037 program pursuant to an express delegation, interlocal agreement,
1038 or contract that requires local implementation of state
1039 standards without imposing requirements more stringent than the
1040 delegated state program.
1041 3. Applying neutral, generally applicable administrative
1042 procedures, timelines, and submittal requirements necessary to
1043 process building permits which do not establish substantive
1044 environmental or natural resource standards in addition to or
1045 more stringent than those of the state program. Any conflicting
1046 local provision is preempted and of no force or effect to the
1047 extent of the conflict.
1048 Section 4. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
CS/HB 927 by Rep. Sapp
Local Land Planning and Development
AMENDMENT SUMMARY
February 18, 2026
Amendment #491751 by Rep. Sapp (Strike-all):
• Specifies that the requirement for certain local governments to create a qualified
contractors program begins January 1, 2027, rather than October 1, 2026;
• Specifies that qualified contractors are not authorized to review land use matters that are
discretionary or quasi-judicial in nature;
• Exempts counties with populations of less than 25,000 and municipalities with
populations of less than 10,000 from the requirement to create a qualified contractor
program;
• Allows local governments to consider the number of years’ experience of potential
qualified contractors;
• Provides that a qualified contractor’s certification of an application as administratively
complete does not constitute substantive approval of the permit submitted;
• Broadens the authority of a local government to audit a qualified contractor;
• Removes the provision that granted sovereign immunity to qualified contractors, and the
provision that expanded the expedited approval process for certain residential building
permits to planned unit developments; and
• Eliminates the state preemption over activities related to the expedited approval process
for residential building permits before a final plat is recorded.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Sapp offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 163.3169, Florida Statutes, is created
7 to read:
8 163.3169 Using qualified contractors in development order
9 preapplication review.—
10 (1) LEGISLATIVE FINDINGS.—
11 (a) The Legislature recognizes the need for continued
12 growth throughout the state, and the need for an efficient
13 permitting process to accommodate such growth, while balancing
14 the role of local governments in community planning.
15 (b) The Legislature further recognizes that numerous local
16 governments implement innovative planning and development
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Amendment No.
17 strategies by using the private sector to supplement the needs
18 of government and to keep pace with increasing populations,
19 unmet demands for housing, and continuing budget constraints. To
20 continue meeting future growth demands, all local governments
21 shall use all available resources to ensure that private
22 property owners seeking to build or develop the next generation
23 of this state's housing supply are not burdened by limited local
24 government workforces and can by right use a qualified
25 contractor from the private sector to responsibly review
26 applications as submitted and authorized under this section.
27 (2) DEFINITIONS.—As used in this section, the term:
28 (a) "Applicant" means a person or legal entity having a
29 legal or equitable ownership interest in real property, or an
30 authorized agent acting on behalf of such person or entity, that
31 applies for a land development approval from the local
32 government pursuant to this section.
33 (b) "Application" means a properly completed and submitted
34 request for a permit as defined herein, on behalf of an
35 applicant, which includes an affidavit from a qualified
36 contractor as required by this section. The term does not
37 include plans or permits as reviewed under s. 553.791.
38 (c) "Audit" means a limited, post-submittal verification
39 process conducted solely to confirm that a qualified
40 contractor's preapplication review supports the findings in the
41 required affidavit, demonstrate that the review was performed in
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Bill No. CS/HB 927 (2026)
Amendment No.
42 accordance with the normal and customary professional practices
43 for the applicable discipline, and ensure that the affidavit's
44 findings are supported by the application.
45 (d) "Development services office" means the entity,
46 office, division, or department of a local government which is
47 responsible for reviewing applications for compliance with the
48 local government's land development regulations and other
49 applicable federal, state, and local requirements. This office
50 may be substantively identical to or housed within the local
51 government's planning and zoning department.
52 (e) "Development services official" means the individual
53 in the development services office of the governing jurisdiction
54 who is responsible for the direct regulatory administration or
55 supervision of the review and approval process required to
56 indicate compliance with applicable land development
57 regulations. The term includes any duly authorized designee of
58 such person. This individual may be the executive director of
59 the governing body of a local government or the division
60 director of the local government's planning and zoning
61 department.
62 (f) "Final plat" has the same meaning as in s. 177.073.
63 (g) "Governing body" has the same meaning as in s.
64 163.3164.
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Amendment No.
65 (h) "Land development regulations" has the same meaning as
66 in s. 163.3164, but excludes building permits and plans subject
67 to s. 553.791.
68 (i) "Local government" means:
69 1. A county that has 25,000 or more residents, but does
70 not include a county subject to s. 380.0552;
71 2. A municipality that has 10,000 or more residents; or
72 3. An independent district created pursuant to chapter 189
73 or chapter 190 with authority over land development regulations.
74 (j) "Permit" means an authorization, approval, or grant by
75 a local governing body or development services office that
76 authorizes the development of land as set forth therein for any
77 subdivision approval, plat approval, or site plan approval. For
78 the purposes of this section, a permit does not include the
79 review and approval of discretionary land use decisions, such as
80 rezonings, variances, special exceptions, conditional uses,
81 comprehensive plan amendments, or any other quasi-judicial land
82 use approval requiring a public hearing or findings supported by
83 competent substantial evidence.
84 (k) "Plans" means site engineering plans or site plans, or
85 their functional equivalent, submitted by an applicant to a
86 qualified contractor or duly authorized representative for
87 review.
88 (l) "Preapplication review" means the analysis of a permit
89 conducted by a qualified contractor to ensure compliance with a
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Amendment No.
90 comprehensive plan, chapter 177, and applicable land development
91 regulations, and which is part of the application as authorized
92 under this section.
93 (m) "Preliminary plat" means a map or delineated
94 representation of the subdivision of lands which is a complete
95 and exact representation of the residential subdivision or
96 planned community and contains any additional information needed
97 to comply with the requirements of chapter 177.
98 (n) "Qualified contractor" means the individual or firm
99 contracted with a development services office or local
100 government to conduct a preapplication review, and who is
101 included in the registry as required by this section. The term
102 includes, but is not limited to, any of the following:
103 1. An engineer or engineering firm licensed under chapter
104 471.
105 2. A surveyor or mapper, or a surveyor's or mapper's firm,
106 licensed under chapter 472.
107 3. An architect or architecture firm licensed under part I
108 of chapter 481.
109 4. A landscape architect or a landscape architecture firm
110 registered under part II of chapter 481.
111 5. A planner certified by the American Institute of
112 Certified Planners.
113 6. A local government employee, for the limited purposes
114 of compliance with subsection (4)(c).
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Amendment No.
115 (o) "Single-trade review" means any review focused on a
116 single component of an application, such as engineering,
117 surveying, planning, or architecture.
118 (3) REQUIREMENTS.—
119 (a) By January 1, 2027, the governing body of a local
120 government shall create a program by which a development
121 services office shall authorize an applicant to use a qualified
122 contractor to conduct a preapplication review of any permits
123 submitted in an application. The governing body shall establish
124 the processes by which an applicant may submit an application to
125 the local government, following a preapplication review
126 conducted by a qualified contractor. The program must specify,
127 at a minimum, all of the following:
128 1. The manner in which the development services office
129 enters into a contract with a qualified contractor.
130 2. Minimum requirements for selection as a qualified
131 contractor for the program, including verification of current
132 licensure or certification status and review of any adverse
133 actions, discipline, or restrictions imposed by the applicable
134 professional licensing board. A local government may consider or
135 require as criteria for selection or qualification a minimum of
136 5 years of experience for qualified contractors, but may not
137 consider or require for selection or qualification geographic
138 location or any prior or existing work for or with the local
139 government.
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140 3. The minimum and maximum hourly rates that a qualified
141 contractor may charge an applicant, comparable to market
142 averages, as part of the application fee.
143 4. Other necessary and indispensable procedural
144 requirements to implement this section, such as requirements
145 relating to intake, payment, recordkeeping, and notice
146 processes.
147 (b) Additional requirements may not conflict with or
148 impair the intent of this section; may not add to, modify,
149 limit, or condition the rights, duties, standards, scope,
150 qualifications, or effects established by this section; and may
151 not impose any substantive review criteria, terms, or conditions
152 on applicants or qualified contractors.
153 (c) The program must require a local government to deem an
154 application that meets the requirements of this section
155 administratively complete for purposes of acceptance and
156 processing.
157 (d) The program may not impose additional terms,
158 conditions, or duplicative review processes with respect to the
159 preapplication review for an application that meets the
160 requirements of this section. However, the program may allow for
161 the review of ownership authorizations for the development of
162 the property.
163 (e) This section may not be construed to waive, limit, or
164 otherwise affect any requirement of the Consultants' Competitive
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Amendment No.
165 Negotiation Act pursuant to s. 287.055 or a local government's
166 duly adopted procurement process.
167 (4) REGISTRY.—
168 (a) The development services office of a local government
169 shall establish a registry of at least six qualified
170 contractors. If the minimum requirements for the qualified
171 contractor specified in subparagraph (3)(a)2. are met, the
172 development services office may add a qualified contractor to
173 the registry upon such entity's request to be added to the
174 registry.
175 (b) If, after making reasonable efforts, less than six
176 qualified contractors are available to be added to the registry,
177 the development services office must register any willing and
178 available qualified contractor that meets the requirements of
179 subparagraph (3)(a)2.
180 (c) The local government may enter into an agreement with
181 another local government for the purpose of using public
182 employees who meet the requirements for a qualified contractor
183 to complete the preapplication review. A local government may
184 not add its own employees to its own registry.
185 (d) A local government shall adopt and use standard
186 contract terms and conditions for agreements with qualified
187 contractors which are substantially similar in form and
188 substance to the local government's standard professional
189 services agreements used for materially similar engagements with
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Amendment No.
190 private sector providers. A local government may not draft or
191 apply contractual terms that impose obligations on qualified
192 contractors which frustrate, impair, or defeat the legislative
193 intent of this section.
194 (5) SELECTION OF A QUALIFIED CONTRACTOR OF APPLICANT'S
195 CHOICE.—
196 (a) If any of the following conditions exists, an
197 applicant who elects to participate in the program must have the
198 unconditional right to use a qualified contractor of his or her
199 choice, as long as the qualified contractor satisfies the
200 minimum requirements in subparagraph (3)(a)2., for
201 preapplication review:
202 1. The governing body of a local government fails to
203 create the program pursuant to subsection (3) before January 1,
204 2027.
205 2. The development services office of the local government
206 fails to create the registry as required pursuant to subsection
207 (4).
208 3. The registry created pursuant to subsection (4) does
209 not consist of the requisite number of qualified contractors and
210 the local government has not complied with the requirements of
211 paragraph (4)(b).
212 (b) The local government may not condition, deny, delay,
213 or otherwise contest the applicant's selection or use of the
214 qualified contractor, except upon a written determination
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Amendment No.
215 supported by specific, articulable facts stating that the
216 qualified contractor does not meet the requirements of this
217 section, or that the qualified contractor has a conflict of
218 interest with the applicant, as defined in s. 112.312, or under
219 any stricter conflict of interest standards applicable to the
220 qualified contractor's professional license or certification.
221 (6) PAYMENT, FEES, AND PREAPPLICATION REVIEW.—
222 (a) The applicant shall have sole discretion to choose a
223 qualified contractor from the established registry under
224 subsection (4) to conduct a preapplication review of a permit.
225 The applicant may not pay the qualified contractor directly.
226 Such payment must be made to the local government with the
227 initial submission of the application. The local government must
228 ensure the qualified contractor is paid in compliance with the
229 Local Government Prompt Payment Act under part VII of chapter
230 218.
231 (b) If an applicant uses a qualified contractor for the
232 purposes of conducting a preapplication review, the local
233 government must reduce any application fee by the amount of cost
234 savings realized by the development services office for not
235 having to perform such services. Such reduction may be
236 calculated on a flat fee or percentage basis, or any other
237 reasonable means by which a development services office assesses
238 the cost for its application review. The reduction in the
239 application fee does not relieve the applicant of responsibility
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Amendment No.
240 for payment of the qualified contractor's fees as required in
241 paragraph (a). Any application or administrative fee imposed
242 under this section must be reasonably related to the actual cost
243 incurred by the local government in administering the
244 application and processing.
245 (c) If an applicant uses a qualified contractor to conduct
246 a preapplication review, the development services office must
247 provide the qualified contractor with access to the public
248 records and information reasonably necessary to perform the
249 preapplication review. This paragraph does not authorize the
250 disclosure of records that are confidential or exempt from
251 public inspection or copying under chapter 119 or any other
252 applicable law, and access to such records is provided only to
253 the extent permitted by law. This paragraph may not be construed
254 to require a local government to violate the licensing terms of
255 proprietary software or related vendor agreements.
256 (d)1. If an applicant does not use a qualified contractor
257 pursuant to this section, the local government must conduct any
258 requested preapplication review within the applicable timeframes
259 under ss. 125.022 and 166.033, to the extent those sections
260 apply to the type of preapplication review requested. If the
261 local government fails to process the application within the
262 required timeframes, the applicant may use a qualified
263 contractor from the registry at the sole expense of the local
264 government if the qualified contractor does not have a conflict
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265 of interest in reviewing the permits, plans, or plats, including
266 final and preliminary, subject to the preapplication review and
267 otherwise meets the requirements of this section.
268 2. If the applicant uses a qualified contractor for
269 preapplication review pursuant to this paragraph, such
270 application must be accepted automatically when the local
271 government receives an affidavit from the qualified contractor,
272 and subsection (10) does not apply.
273 (7) RESTRICTIONS ON PREAPPLICATION REVIEW.—A qualified
274 contractor may conduct preapplication review only for
275 applications relating to the disciplines covered by such
276 qualified contractor's licensure or certification granted
277 pursuant to chapter 471, chapter 472, or chapter 481, or as
278 certified by the American Institute of Certified Planners,
279 including single-trade review. A qualified contractor may not
280 conduct a preapplication review pursuant to this section if the
281 qualified contractor is used by the applicant for the same
282 project that is the subject of the application, or has a
283 conflict of interest pursuant to s. 112.312.
284 (8) AFFIDAVIT REQUIREMENTS.—
285 (a) A qualified contractor performing a preapplication
286 review must determine whether the application is in compliance
287 with all applicable land development regulations, comprehensive
288 plan regulations, ordinances, and codes of the governing
289 jurisdiction. The qualified contractor shall work directly with
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290 the applicant to resolve any deficiencies. Upon making the
291 determination that the application complies with all relevant
292 land development regulations, comprehensive plan regulations,
293 ordinances, and codes, the qualified contractor shall prepare an
294 affidavit certifying that the following information is true and
295 correct to the best of the qualified contractor's knowledge and
296 belief:
297 1. The preapplication review was conducted by the affiant,
298 who is duly authorized to perform a preapplication review
299 pursuant to this section and holds the appropriate license or
300 certificate.
301 2. The permits, plans, or plats, including final and
302 preliminary, reviewed in the application comply with all
303 applicable land development regulations, comprehensive plan
304 regulations, ordinances, and codes.
305 (b) Such affidavit must bear a written or electronic
306 signature and must be submitted electronically to the
307 development services office.
308 (9) AUTHORIZATION AND APPROVAL.—
309 (a) Upon receipt of an application accompanied by an
310 affidavit of the qualified contractor pursuant to subsection
311 (8), the development services office must review and accept the
312 application as administratively complete or reject such
313 application as administratively incomplete.
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314 (b) Upon a finding that the application is
315 administratively complete, the development services office
316 shall, by the following business day, forward the application
317 for final action by the appropriate approving authority or, if
318 approval is delegated to an employee within the development
319 services office, proceed with final action in accordance with
320 this section and ss. 125.022 and 166.033.
321 (c) If the development services office determines that an
322 application submitted pursuant to this subsection is
323 administratively incomplete, the office must provide written
324 notice to the applicant specifically identifying any aspects of
325 the application which do not comply with this section;
326 applicable land development regulations; or comprehensive plan
327 regulations, ordinances, or codes, and the reasons the
328 application was denied with reference to code chapters and
329 sections, within 10 business days after receipt of the
330 application and affidavit. If the development services office
331 does not provide written notice to the permit applicant within
332 10 business days, the application shall be deemed
333 administratively complete as a matter of law solely for purposes
334 of acceptance, routing, and processing, and the development
335 services office must, by the following business day, forward the
336 application for final action to the appropriate approving
337 authority or, if the development services office is the
338 approving authority, proceed to final action in accordance with
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339 this section and ss. 125.022 and 166.033. An application
340 determined to be administratively complete under this paragraph
341 does not constitute substantive approval of the permit submitted
342 and may not be construed to limit the authority to grant or deny
343 the application consistent with this section; however, the
344 development services office may not conduct any duplicative
345 review of the permit subject to preapplication review except as
346 expressly authorized by this section.
347 (d) The development services office's review under this
348 subsection is ministerial and limited to confirming
349 administrative completeness and proper form. The development
350 services office may not re-review the technical sufficiency or
351 substantive compliance of materials subject to preapplication
352 review by a qualified contractor, except as expressly authorized
353 by this section or by law.
354 (10) CONSTRUCTION.—Any local provision or action
355 inconsistent with this section is preempted, void, and
356 unenforceable to the extent of the inconsistency, and this
357 section shall control and be given full force and effect over
358 any conflicting or more stringent provision of law, whether
359 general, special, or local, including any charter or home rule
360 provision, without regard to the order or time of enactment.
361 (11) DISCIPLINARY GUIDANCE.—When performing a
362 preapplication review, a qualified contractor is subject to the
363 disciplinary guidelines of the applicable professional board
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364 with jurisdiction over his or her license or certification under
365 chapter 471, chapter 472, or chapter 481. Notwithstanding the
366 audit procedures in subsection (12), any complaint investigation
367 or discipline that may arise out of a qualified contractor's
368 preapplication review shall be conducted by the applicable
369 professional board. Complaints regarding conflicts of interest
370 or other ethical violations shall be reviewed as provided in
371 chapter 112.
372 (12) AUDIT PROCEDURES.—A local government may audit the
373 work of a qualified contractor performing preapplication review
374 under this section pursuant to procedures established by the
375 local government. Such procedures must be reasonable, applied in
376 a nondiscriminatory manner, and made publicly available. A
377 qualified contractor must be provided written notice of any
378 audit findings and a reasonable opportunity to respond. Nothing
379 in this subsection limits a local government's authority to
380 enforce contract terms, address conflicts of interest, remove a
381 qualified contractor from participation in the program, or take
382 action necessary to protect the public health, safety, or
383 welfare. An audit under this section may not replicate, redo, or
384 substitute for the preapplication review performed by the
385 qualified contractor and may not go beyond the scope of
386 verifying performance, customary practice, and evidentiary
387 support, unless expressly authorized by this section.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
388 (13) PREAPPLICATION REVIEW FOR SPECIFIED ENTITIES.—
389 Notwithstanding any other law, a county, a municipality, a
390 school district, or an independent special district may use a
391 qualified contractor to provide preapplication review for a
392 public works project by the county, municipality, school
393 district, or independent special district.
394 (14) CIVIL ACTIONS AUTHORIZED.—
395 (a) An applicant may bring a civil action for declaratory
396 or injunctive relief against a county or municipality for a
397 violation of this section. In any such action, the court shall
398 award the prevailing party reasonable attorney fees and costs.
399 For purposes of this paragraph, the term "prevailing party"
400 means the party that obtains an enforceable judgment, order, or
401 comparable court-sanctioned relief on the merits which
402 materially alter the legal relationship of the parties in that
403 party's favor, including the granting of declaratory or
404 injunctive relief or the dismissal with prejudice of the
405 opposing party's claims. The term does not include a party whose
406 objectives are achieved solely by the voluntary cessation of
407 challenged conduct absent a judicial determination or other
408 relief bearing the court's imprimatur. If neither party prevails
409 on the significant issues, or if both parties prevail in part,
410 the court may determine that no party is the prevailing party
411 and may equitably apportion fees and costs.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
412 (b) Attorney fees, costs, and damages may not be awarded
413 pursuant to this subsection if:
414 1. The applicant provides the local government written
415 notice that it is in violation of this section; and
416 2. The local government complies with this section within
417 14 days or completes a preapplication review for the applicant
418 that has submitted written notice of a violation of this section
419 within 14 days.
420 Section 2. Paragraph (c) is added to subsection (1) of
421 section 177.071, Florida Statutes, to read:
422 177.071 Administrative approval of plats or replats by
423 designated county or municipal official.—
424 (1)
425 (c) A local government may not create, establish, or apply
426 any additional local procedure or condition for the
427 administrative approval of a plat or replat under this section
428 that is inconsistent with this section or s. 177.091. If
429 infrastructure financial assurances are required as a condition
430 of plat or replat approval, the administrative authority
431 designated in paragraph (a) shall receive and act upon the
432 proposed assurance. The local government shall accept commonly
433 used forms of financial assurance, including performance bonds,
434 letters of credit, and escrow agreements, provided the assurance
435 is in a form reasonably acceptable to the local government and
436 issued by a financially responsible issuer meeting objective,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
437 uniformly applied standards. Local government review of such
438 financial assurance shall be limited to verifying that the
439 amount, form, and issuer satisfy the requirements of s. 177.091
440 and the local government's uniformly applied standards, and may
441 not be used to unreasonably delay approval. If the assurance is
442 deficient, the local government shall provide written notice of
443 deficiencies within 10 business days.
444 Section 3. Paragraph (a) of subsection (1), paragraphs (a)
445 and (b) of subsection (2), paragraph (a) of subsection (3),
446 subsection (4), paragraphs (b) and (c) of subsection (6), and
447 subsection (8) of section 177.073, Florida Statutes, are
448 amended, and paragraph (d) is added to subsection (2) of that
449 section, to read:
450 177.073 Expedited approval of residential building permits
451 before a final plat is recorded.—
452 (1) As used in this section, the term:
453 (a) "Applicant" means a homebuilder or developer who files
454 an application with the local governing body to identify the
455 percentage of planned homes, or the number of building permits,
456 that the local governing body must issue for a residential
457 subdivision, or one or more phases in a multiphased planned
458 community, subdivision, or planned community.
459 (2)(a) By October 1, 2024, the governing body of a county
460 that has 75,000 residents or more and any governing body of a
461 municipality that has 10,000 residents or more and 25 acres or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
462 more of contiguous land that the local government has designated
463 in the local government's comprehensive plan and future land use
464 map as land that is agricultural or to be developed for
465 residential purposes shall create a program to expedite the
466 process for issuing building permits for residential
467 subdivisions, one or more phases of a community or subdivision,
468 or planned communities in accordance with the Florida Building
469 Code and this section before a final plat is recorded with the
470 clerk of the circuit court. The expedited process must include
471 an application for an applicant to identify the percentage of
472 planned homes, not to exceed 50 percent of the residential
473 subdivision or planned community, or the number of building
474 permits that the governing body must issue for the residential
475 subdivision or planned community. The application or the local
476 government's final approval may not alter or restrict the
477 applicant from receiving the number of building permits
478 requested, so long as the request does not exceed 50 percent of
479 the planned homes of the residential subdivision or planned
480 community or the number of building permits. This paragraph does
481 not:
482 1. Restrict the governing body from issuing more than 50
483 percent of the building permits for the residential subdivision
484 or planned community.
485 2. Apply to a county subject to s. 380.0552.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
486 (b) Subject to the requirements under subsection (6)(b), a
487 governing body that had a program in place before July 1, 2023,
488 to expedite the building permit process, need only update its
489 their program to approve an applicant's written application to
490 issue up to 50 percent of the building permits for the
491 residential subdivision or planned community in order to comply
492 with this section. This paragraph does not restrict a governing
493 body from issuing more than 50 percent of the building permits
494 for the residential subdivision or planned community.
495 (d)1. If a governing body fails to adopt a program under
496 paragraph (a) or paragraph (c), or fails to update or modify an
497 existing program as required under paragraph (b) by the
498 applicable statutory deadline, the following will apply without
499 further action or approval by the governing body and
500 notwithstanding any conflicting local requirement:
501 a. The applicant shall have an unconditional, self-
502 executing right to use a qualified contractor of the applicant's
503 choosing, within the scope of the contractor's professional
504 licensure and as authorized under s. 177.073, to perform
505 technical review and certification necessary to support the
506 issuance of up to 75 percent of the building permits for the
507 residential subdivision or planned community, including one or
508 more phases thereof, before the final plat is recorded, provided
509 the qualified contractor does not have a conflict of interest.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
510 For the purposes of this paragraph, the term "conflict of
511 interest" has the same meaning as in s. 112.312.
512 b. The governing body, local building official, and any
513 local government staff may not condition, delay, limit,
514 restrict, obstruct, or deny the applicant's use of a qualified
515 contractor under this paragraph. Nothing in this paragraph
516 prohibits a local government from applying neutral, generally
517 applicable requirements relating to procurement, contracting,
518 insurance, indemnification, conflict-of-interest review,
519 credential verification, recordkeeping, or public safety,
520 provided such requirements do not materially impair or frustrate
521 the applicant's ability to use a qualified contractor as
522 authorized by this paragraph. Any local requirement that
523 directly conflicts with this paragraph is preempted to the
524 extent of the conflict.
525 c. The qualified contractor may perform all technical
526 review services within the scope of his or her licensure and
527 qualifications which are necessary to obtain such building
528 permits as specifically authorized under this section, including
529 preparing, reviewing, and submitting permit applications and
530 supporting plans, specifications, and documents, and providing
531 signed and sealed documents when required by law. The local
532 building official shall accept such submissions when prepared
533 and sealed by the qualified contractor as meeting any local
534 requirement that the submission be prepared or reviewed by local
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
535 government staff, and shall review and issue the permits in
536 accordance with the Florida Building Code and applicable state
537 law. Nothing in this paragraph limits the authority of the local
538 building official to review such submission by a qualified
539 contractor for compliance with the Florida Building Code and
540 applicable state law, to identify deficiencies, or to approve or
541 deny the permit in accordance with the law.
542 d. The governing body and the local building official may
543 not unreasonably require the applicant or the qualified
544 contractor to use a local government registry, rotation, or
545 shortlist, or any other selection or vetting process, which has
546 the effect of denying or materially delaying the applicant's use
547 of a qualified contractor under this section..
548 e. The unconditional right provided by this paragraph
549 becomes effective immediately upon the governing body's failure
550 to meet the applicable deadlines in paragraph (a) or paragraph
551 (c), continues in effect unless and until the governing body has
552 adopted or updated a program fully compliant with this section,
553 and may not be limited, impaired, or applied retroactively to
554 reduce the number or percentage of building permits the
555 applicant may obtain or is eligible to obtain under this
556 paragraph.
557 2. This paragraph may not be construed to limit or impair
558 the authority of the local building official to enforce the
559 Florida Building Code, the Florida Fire Prevention Code, or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
560 other applicable state laws and local laws of general
561 application in reviewing and issuing building permits; however,
562 the governing body and the local building official may not
563 impose any additional local procedures, prerequisites, or
564 substantive standards on the applicant or the qualified
565 contractor which have the effect of conditioning, delaying,
566 restricting, or denying the use of a qualified contractor as
567 authorized by this paragraph.
568 (3) A governing body shall create:
569 (a) A two-step application process for the adoption of a
570 preliminary plat, and for stabilized access roads that can
571 support emergency vehicles, inclusive of any plans, in order to
572 expedite the issuance of building permits under this section.
573 The application must allow an applicant to identify the
574 percentage of planned homes or the number of building permits
575 that the governing body must issue for the residential
576 subdivision, or planned community, or one or more phases of a
577 multiphased planned community or subdivision.
578 (4)(a) An applicant may use a private provider or
579 qualified contractor in the same manner as provided in pursuant
580 to s. 553.791 to expedite the application process for any plans
581 necessary to support the approval of a site plan, preliminary or
582 final plat, or building permits after a preliminary plat is
583 approved under this section.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
584 (b) A governing body shall establish a registry of at
585 least six three qualified contractors whom the governing body
586 may use to supplement staff resources in ways determined by the
587 governing body for processing and expediting the review of an
588 application for a preliminary plat or any plans related to such
589 application. A qualified contractor on the registry who is hired
590 pursuant to this section to review an application, or any part
591 thereof, for a preliminary plat, or any part thereof, may not
592 have a conflict of interest with the applicant. For purposes of
593 this paragraph, the term "conflict of interest" has the same
594 meaning as in s. 112.312.
595 (c) If a governing body fails to establish or maintain the
596 registry required under paragraph (b), an applicant may, at its
597 sole discretion, retain a private provider or qualified
598 contractor of the applicant's choosing to process, review, and
599 expedite any application for a preliminary plat, or supporting
600 documents, provided that the selected private provider or
601 qualified contractor does not have a conflict of interest. For
602 purposes of this paragraph, the term "conflict of interest" has
603 the same meaning as in s. 112.312. If a conflict of interest is
604 identified after selection, the applicant must promptly replace
605 the private provider or qualified contractor with one that does
606 not have a conflict of interest, and the governing body must
607 continue processing without delay or prejudice.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
608 (d) The governing body may not condition, delay, or deny
609 the applicant's use of such private provider or qualified
610 contractor, and shall accept, process, and act upon reviews,
611 approvals, recommendations, or certifications submitted by the
612 private provider or qualified contractor in the same manner and
613 within the same timeframes as if performed by the governing
614 body's own staff, or by a qualified contractor on the registry.
615 The governing body may verify credentials, require standard
616 submittal formats, and conduct ministerial compliance checks,
617 but may not impose additional requirements that have the effect
618 of frustrating, negating, or impeding the applicant's right to
619 use a private provider or qualified contractor under this
620 subsection. The applicant shall be responsible for all fees and
621 costs associated with the private provider or qualified
622 contractor. Any ordinance, resolution, policy, practice,
623 contract, or requirement to the contrary is preempted and void
624 to the extent of conflict with this paragraph.
625 (6) The governing body must issue the number or percentage
626 of building permits requested by an applicant in accordance with
627 the Florida Building Code and this section, provided the
628 residential buildings or structures are unoccupied and all of
629 the following conditions are met:
630 (b) The applicant provides proof to the governing body
631 that the applicant has provided a copy of the approved
632 preliminary plat, along with the approved plans, to the relevant
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
633 electric, gas, water, and wastewater utilities. For purposes of
634 this paragraph, the term "approved plans" means plans approved
635 for design and permit review and does not include, and may not
636 be construed to require or imply, any certification,
637 attestation, or confirmation of the completion of construction
638 of any subdivision or planned community infrastructure, or
639 improvements depicted in, referenced by, or required under such
640 plans, except for the construction of the minimum access and
641 roadway improvements required by the Florida Fire Prevention
642 Code for fire department access and operations, such as a
643 stabilized roadway for emergency access. No other subdivision or
644 planned community infrastructure or improvements may be required
645 to be constructed as a condition of permit issuance or approval.
646 1. A local government may not condition, delay, withhold,
647 or deny the issuance of any building permit authorized under
648 this section on:
649 a. The actual completion, substantial completion, or
650 physical installation of any subdivision or planned community
651 infrastructure, or improvements identified in the approved
652 preliminary plat or approved plans;
653 b. The submission, acceptance, or approval of any
654 certification of completion or similar documentation, including,
655 but not limited to, certificates of completion, substantial
656 completion, engineer's or architect's certifications of
657 completion, as-built or record drawings, pressure or compaction
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
658 test results, utility acceptance letters, service availability
659 letters, or similar confirmations of finished construction or
660 readiness for service; or
661 c. Compliance with an environmental condition that is not
662 required by its land development regulations or by state law or
663 federal law to obtain a building permit.
664 2. This prohibition applies notwithstanding any ordinance,
665 resolution, policy, practice, development order, permit
666 condition, concurrency or proportionate-share requirement,
667 development agreement, interlocal agreement, utility policy or
668 standard, or other local requirement to the contrary.
669 3. This paragraph may not be construed to prohibit a local
670 government from requiring documentation strictly necessary to
671 demonstrate compliance with the Florida Fire Prevention Code as
672 a condition of issuing building permits; however, such
673 documentation may not require the physical completion of the
674 subdivision or planned community infrastructure, or improvements
675 beyond what is expressly required to satisfy the Florida Fire
676 Prevention Code.
677 (c) The applicant holds a valid performance bond for up to
678 130 percent of the necessary improvements, as defined in s.
679 177.031(9), that have not been completed upon submission of the
680 application under this section. For purposes of a master planned
681 community as defined in s. 163.3202(5)(b), a valid performance
682 bond is required on a phase-by-phase basis. For purposes of this
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
683 section, a local government may waive the bonding requirement in
684 this paragraph through its program or on a case-by-case basis
685 upon request of the applicant.
686 (8) For purposes of this section, an applicant has a
687 vested right in a preliminary plat that has been approved by a
688 governing body for the earlier of at least 5 years or if all of
689 the following conditions are met:
690 (a) The applicant relies in good faith on the approved
691 preliminary plat or any amendments thereto.
692 (b) The applicant incurs obligations and expenses,
693 commences construction of the residential subdivision or planned
694 community, and is continuing in good faith with the development
695 of the property.
696 Section 4. This act shall take effect July 1, 2026.
697
698 -----------------------------------------------------
699 T I T L E A M E N D M E N T
700 Remove everything before the enacting clause and insert:
701 An act relating to local land planning and
702 development; creating s. 163.3169, F.S.; providing
703 legislative findings; defining terms; requiring the
704 governing body of a local government, by a specified
705 date, to create a program that authorizes an applicant
706 to use a qualified contractor to conduct a
707 preapplication review of an application; requiring the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
708 governing body to establish certain processes;
709 providing specifications for such program; prohibiting
710 certain additional requirements; requiring a local
711 government to deem an application that satisfies
712 specified provisions administratively complete for
713 certain purposes; prohibiting the program from
714 imposing additional terms, conditions, or duplicative
715 review processes; providing that the program may allow
716 for the review of ownership authorizations for the
717 development of the property; providing construction;
718 requiring the development services office of a local
719 government to establish a registry of a specified
720 number of qualified contractors to conduct
721 preapplication reviews; authorizing the development
722 services office of a local government to register more
723 or less than the specified number of qualified
724 contractors under certain circumstances; authorizing a
725 local government to enter into an agreement with
726 another local government under certain circumstances;
727 prohibiting a local government from adding its own
728 employees to the registry; requiring a local
729 government to use certain contract terms and
730 conditions; prohibiting a local government from
731 drafting or applying contractual terms that impose
732 certain obligations on qualified contractors;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
733 requiring an applicant to have the right to use a
734 qualified contractor of his or her choosing to perform
735 the preapplication review under certain circumstances;
736 prohibiting a local government from conditioning,
737 denying, delaying, or otherwise contesting an
738 applicant's selection or use of a qualified contractor
739 of his or her choosing, except upon a certain
740 determination; providing that an applicant has sole
741 discretion to choose a qualified contractor from the
742 registry; specifying requirements for payment to the
743 qualified contractor; requiring a local government to
744 reduce any application fee by a certain amount if the
745 applicant uses a qualified contractor for
746 preapplication review; specifying requirements for
747 such fee reduction; requiring fees to be reasonably
748 related to certain actual costs; requiring a
749 development services office to provide a qualified
750 contractor conducting a preapplication review with
751 access to certain resources; providing construction;
752 requiring a local government to conduct a
753 preapplication review within specified timeframes if
754 the applicant does not use a qualified contractor;
755 authorizing an applicant to use a qualified contractor
756 from the registry, at the expense of the local
757 government, if the local government fails to process
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
758 the application in the required time under certain
759 conditions; providing for the automatic acceptance of
760 certain applications; authorizing a qualified
761 contractor to conduct preapplication reviews only of
762 applications relating to the disciplines covered by
763 the qualified contractor's licensure; prohibiting a
764 qualified contractor from conducting a preapplication
765 review under certain circumstances; requiring a
766 qualified contractor to determine if an application is
767 in compliance with specified regulations; requiring a
768 qualified contractor to work with the applicant to
769 resolve deficiencies; requiring a qualified contractor
770 to prepare an affidavit for the preapplication review
771 upon making a certain determination; specifying
772 requirements for such affidavit; requiring the
773 development services office to make a certain
774 determination on the application upon receipt of such
775 affidavit; requiring the development services office
776 to take certain actions upon its determination;
777 providing that an application determined to be
778 administratively complete does not constitute
779 substantive approval of the permit; providing
780 construction; prohibiting the development services
781 office from conducting duplicative review of the
782 permit subject to preapplication review; specifying
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
783 the purpose of the development services office's
784 review; prohibiting the development services office
785 from re-reviewing materials subject to preapplication
786 review; providing an exception; providing that
787 inconsistent local provisions are preempted, void, and
788 unenforceable; providing construction; providing
789 disciplinary guidelines; authorizing a local
790 government to audit the work of qualified contractors;
791 specifying requirements for such auditing procedures;
792 providing construction; authorizing specified entities
793 to provide preapplication reviews for public works
794 projects; authorizing a civil action; authorizing the
795 award of attorney fees and costs; defining the term
796 "prevailing party"; prohibiting the award of attorney
797 fees, costs, or damages under certain circumstances;
798 amending s. 177.071, F.S.; prohibiting local
799 governments from creating, establishing, or applying
800 specified additional regulations for the approval of a
801 final plat; requiring a local government to designate
802 a certain administrative authority to take certain
803 actions relating to the approval of infrastructure
804 assurances; requiring a local government to accept
805 certain forms of surety instruments; providing
806 requirements for local government review of such
807 surety instruments; amending s. 177.073, F.S.;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
808 revising the definition of the term "applicant";
809 requiring the governing body of certain local
810 governments and counties to include multi-phased
811 developments in a program that expedites the process
812 for building permits for planned unit developments or
813 phases of a community or subdivision; specifying
814 automatic actions in the event that the local
815 government fails to adopt, update, or modify a certain
816 program by a specified date; providing construction;
817 requiring a governing body to create a two-step
818 application process for stabilized access to roads
819 that can support emergency vehicles; revising
820 requirements for such application process; authorizing
821 an applicant to use a qualified contractor for land
822 use approvals under certain circumstances; increasing
823 the number of qualified contractors on a specified
824 registry; authorizing an applicant to retain a private
825 provider or qualified contractor to process, review,
826 and expedite an application for a preliminary plat or
827 related plans under certain circumstances; defining
828 the term "conflict of interest"; requiring an
829 applicant to replace a qualified contractor or private
830 provider if a conflict of interest is discovered;
831 prohibiting a governing body from restricting an
832 applicant's use of a private provider or qualified
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 927 (2026)
Amendment No.
833 contractor; requiring the governing body to accept,
834 process, and act upon the such private provider's or
835 qualified contractor's reviews, approvals,
836 recommendations, or certifications under certain
837 circumstances and in a specified manner; authorizing a
838 governing body to take certain actions; prohibiting a
839 governing body from imposing certain requirements;
840 requiring an applicant to be responsible for certain
841 fees and costs; voiding and preempting conflicting
842 provisions; defining the term "approved plans";
843 providing construction; prohibiting a local government
844 from conditioning, delaying, withholding, or denying
845 the issuance of certain permits under certain
846 circumstances; providing applicability; providing
847 construction; authorizing a local government to waive
848 certain bonding requirements under certain
849 circumstances; revising the circumstances under which
850 an applicant has a vested right in a preliminary plat;
851 providing an effective date.
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CS/HB 979
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 979 COMPANION BILL: CS/SB 1434 (Calatayud)
TITLE: Infill Redevelopment LINKED BILLS: None
SPONSOR(S): Borrero RELATED BILLS: None
Committee References
Intergovernmental Affairs Commerce State Affairs
12 Y, 2 N, As CS
SUMMARY
Effect of the Bill:
The bill creates the “Infill Redevelopment Act," which preempts certain local land development regulations and
requires the administrative approval of certain proposed infill developments on environmentally impacted land in
certain counties. The bill allows qualifying parcels to be developed for residential uses up to the average density
allowed in any adjacent residential zoning district within the same jurisdiction. The bill requires a development
that is adjacent to single-family homes and townhouses to include an open space buffer between existing
residences and the new development.
The bill requires development projects that meet the requirements of the bill to be approved administratively and
preempts local laws, ordinance, or regulations that apply, or have the effect of applying, a more restrictive or
burdensome requirement or procedure for the development of a qualifying parcel. Local governments can continue
to apply local architectural design regulations if those regulations are generally applicable to comparable
residential development. The bill requires developers to comply with concurrency requirements before the
issuance of any building permit for any project authorized under the bill.
Fiscal or Economic Impact:
The bill has an indeterminate impact on certain local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates the “Infill Redevelopment Act,” which preempts certain local land development regulations and
requires the administrative approval of certain proposed infill developments on environmentally impacted land in
certain counties. (Section 1)
The bill provides that a parcel qualifies for the provisions of the act if it:
• Consists of at least five acres;
• Is adjacent to a zoning district within the same jurisdiction that permits residential uses as of right;
• Is located in a county with a population of more than 1.475 million as of the most recent decennial census
and with at least 15 municipalities; and
• Any portion of the parcel is “environmentally impacted,” which the bill defines as:
o Containing a detectable level of a containment or pollutant above the applicable local, state, or
federal residential clean up levels;
o A parcel that is, or prior to or concurrent with development, would be, subject to environmental
cleanup or site rehabilitation requirements pursuant to chapters 376 and 403, F.S. or a local
STORAGE NAME: h0979b.COM
DATE: 2/16/2026
1
CS/HB 979
environmental ordinance or regulation as a result of the presence of environmental containment or
pollution in excess of applicable cleanup target levels; or
o Located in a brownfield area. (Section 1)
The bill excludes parcels that are:
• Parcels of land that are within a zoning district that allows for agricultural uses and that are classified as
agricultural by the property appraiser;
• Owned or operated by a local government for public park purposes;
• Outside of an urban growth boundary; or
• Within 0.25 miles of a military installation. (Section 1)
A local government must permit by administrative approval a qualifying parcel to be developed for residential uses
up to the average density allowed in any adjacent zoning district within the same jurisdiction which permits
residential uses as of right and to the intensity of any adjacent zoning district. The bill allows local governments to
require the proposed development to comply with local regulations relating to architectural design, such as
required color palettes or architectural style, if those regulations also apply to comparable residential development
within the jurisdiction and do not affect the density or intensity of the proposed development. (Section 1)
The bill requires developers to establish consistency with applicable concurrency requirements before the
issuance of a building permit for any project developed pursuant to the provisions of the bill. (Section 1)
The bill preempts any local law, ordinance, or regulation that applies, or has the effect of applying, a more
restrictive or burdensome requirement or procedure to the development of a qualified parcel and any such law,
ordinance, or regulation is void. The bill applies retroactively to any local law, ordinance, or regulation that is
contrary to the bill. (Section 1)
The bill provides that if a qualifying parcel is adjacent to single-family homes or townhomes on all sides, the
developer must provide an open space buffer of at least 20 feet, measured from the lot line, between the new
development and the existing single-family homes or townhomes. (Section 1)
If a qualifying parcel includes recreational facilities or areas reserved for recreational use that are adjacent to
single-family homes on all sides, the bill requires the developer to:
• Establish that the facilities or areas, or portions thereof, located on the parcel have not been in operation or
use for at least 12 months;
• Pay the local government double the applicable parks or recreational facilities impact fee that would
otherwise apply to the development; and
• Provide written notice to all owners of adjacent property by certified mail giving them the opportunity to
purchase the parcel, or the portion of the parcel containing recreational facilities, within 90 days after the
date the notice is mailed. If an adjacent property owner chooses to exercise this option, the purchased land
must be subject to a deed restriction that the property be maintained as a recreation area for at least 30
years. The bill provides that the purchase price of these lands may not exceed the purchase price paid by
the owner plus 10 percent or the amount of any bona fide offer to purchase the property received in the
last 12 months plus 10 percent. (Section 1)
Each local government must post the procedures and expectations for administrative approval on its website.
(Section 1)
The bill takes effect upon becoming a law. (Section 2)
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FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments in Miami-Dade County, Broward County, and Palm
Beach County, as those are the only counties in Florida that have a population of more than 1.475 million as of the
most recent decennial census and at least 15 municipalities, as specified by the bill. 1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act 2 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans. 3 Each county and municipality must maintain a comprehensive plan to guide
future development and growth. 4
All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan. 5 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. 6
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. 7 A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development. 8 Local
governments may also include optional elements in their comprehensive plan. 9 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.10
Comprehensive plans must include at least two planning periods, one covering the first 10-year period occurring
after the plan’s adoption and one covering a period of at least 20 years. 11 Additional planning periods are
permissible and accepted as part of the planning process.
1 See U.S. Census Bureau, 2020 Census: Florida, available at https://data.census.gov/profile?g=040XX00US12 (last visited Feb.
12, 2026). See also, Florida Office of Economic and Demographic Research, Florida’s Population, The Florida Legislature
Econographic News (2025 Vol. I), available at https://edr.state.fl.us/Content/population-
demographics/reports/econographicnews_2025_Volume1.pdf (last visited Feb. 12, 2026).
2 Ch. 163, Part II, F.S.
3 S. 163.3167(1), F.S.
4 S. 163.3167(2), F.S.
5 S. 163.3194(1)(a), F.S.
6 See, e.g., Sarasota County, Fla. Comprehensive Plan, Future Land Use Element, FLU Policy 1.1.1 (last visited Feb. 13, 2026).
7 S. 163.3177(1), F.S.
8 S. 163.3177(6), F.S.
9 S. 163.3177(1)(a), F.S.
10 S. 163.3177(3), (6)(a)-(i), F.S.
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Future Land Use Element
Comprehensive plans must include an element regarding future land use that designates the proposed future
general distribution, location, and extent of the uses of land for a number of uses and categories of public and
private uses of land. 12 Each future land use category must be defined in terms of uses included, and must include
standards to be followed in the control and distribution of population densities and building and structure
intensities. 13 The proposed distribution, location, and extent of the various categories of land use must be shown
on a land use map or map series. Future land use plans and plan amendments are based on surveys, studies, and
data regarding the area. 14
A comprehensive plan’s future land use element establishes a range of allowable uses and densities and intensities
over large areas, and the specific use and intensities for specific parcels within that range are decided by a more
detailed, implementing zoning map. 15
Compatibility
The future land use element must consider what uses are compatible with one another to guide rezoning requests,
development orders, and plan amendments. 16 Compatibility means “a condition in which land uses or conditions
can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly
negatively impacted directly or indirectly by another use or condition.” 17 In other words, the compatibility
requirement permits local governments to consider whether a proposed use can peacefully coexist with existing
uses.
Local governments, through the future land use plan, are responsible for ensuring compatibility of uses on adjacent
lands, and particularly those lands in proximity to military installations and airports. 18 To act on this requirement,
land use regulations are required to contain specific and detailed provisions necessary to ensure the compatibility
of adjacent land uses. 19 In practice, these regulations take the form of zoning codes with compatibility standards
for height, density, setbacks, parking, and other general regulations on what types of developments can coexist. 20
Infill Development
The Growth Policy Act (GPA) establishes a framework for urban infill and redevelopment for promoting and
sustaining urban cores. 21 The GPA defines an “urban infill and redevelopment area” as an area:
• Where basic public services such as water, sewer, transportation, schools, and recreation are already
available or planned;
• That contains areas suffering from pervasive poverty, unemployment, and general distress;
• That contains a high proportion of substandard, overcrowded, dilapidated, vacant, abandoned, or
functionally obsolete properties;
• That is near transit stops; and
• That includes or is adjacent to community redevelopment areas, brownfields, enterprise zones, or Main
Street programs, or has been designated by the state or Federal Government as an urban redevelopment,
11 S. 163.3177(5)(a), F.S.
12 S. 163.3177(6)(a), F.S. Applicable uses and categories of public and private uses of land include, but are not limited to,
residential, commercial, industrial, agricultural, recreational, conservation, educational, and public facilities.
13 S. 163.3177(6)(a)1., F.S.
14 S. 163.3177(6)(a)2., F.S.
15 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J. Envtl. L.
& Litig. 129, 154 (2019) (citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993)).
16 S. 163.3194(3), F.S.
17 S. 163.3164(9), F.S.
18 S. 163.3177(6)(a)2.-3., F.S.
19 S. 163.3202(2)(b), F.S.
20 See, e.g., City of Maitland Land Development Code, s. 5.10 (Residential Compatibility Standards).
21 Ss. 163.2511-163.2520, F.S.
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revitalization, or infill area under empowerment zone, enterprise community, or brownfield showcase
community programs or similar programs. 22
The GPA authorizes local governments to designate urban infill and redevelopment areas based on specified
criteria by adopting a comprehensive, community-based redevelopment plan. 23 The plan must address land use,
housing (including affordable housing), transportation, infrastructure, public safety, and economic development,
and must be developed through a collaborative process involving residents, businesses, and other stakeholders.
Once designated, urban infill and redevelopment areas may utilize tax increment financing, revenue bonds, and
state and federal funding mechanisms to support redevelopment activities. 24
Concurrency
In the context of comprehensive planning, “concurrency” refers to the concept of providing additional public
facilities necessary to achieve and maintain standards of service in the community in a timely manner in response
to increased demand caused by development. 25 All local government comprehensive plans must provide for
concurrency in providing public facilities and services for sanitary sewer, solid waste, drainage, and potable water,
but local governments may extend concurrency requirements to other public facilities such as transportation and
schools. 26 When concurrency is applied to other public facilities and services, the local comprehensive plan must
provide sufficient principles, standards, and adopted levels of service to guide its implementation. 27 Concurrency
requirements apply to state facilities and other public facilities to the same extent as all other facilities and
development. 28
One method of funding local government concurrency requirements is through the adoption and imposition of
impact fees on new development. Local governments impose impact fees to fund infrastructure 29 needed to expand
local services to meet the demands of population growth caused by new development. 30 The types of impact fees
charged and the timing of their collection after issuing a building permit are within the discretion of the local
government or special district authorities choosing to impose the fees. 31 In general, a building permit must be
obtained before the construction, erection, modification, repair, or demolition of any building. 32
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Land development regulations are
ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local
government zoning, rezoning, subdivision, building construction, sign regulations, or any other regulations
controlling the development of land. 33
Each county and municipality must adopt and enforce land development regulations consistent with and that
implement its adopted comprehensive plan. 34 Local governments are encouraged to use innovative land
22 S. 163.2514(2), F.S.
23 S. 163.2517, F.S.
24 S. 163.2520, F.S.
25 See s. 163.3180(5)(d), F.S. See also, David M. Layman, Concurrency and Moratoria, 71 Fla. B.J. 49 (January 1997).
26 S. 163.3180(1), (5), and (6), F.S.
27 S. 163.3180(1)(a), F.S.
28 S. 163.3180(4), F.S.
29 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of
public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment. S.
163.31801(3), F.S.
30 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
31 See s. 163.31801(2), F.S.
32 S. 553.79, F.S.
33 S. 163.3164(26), F.S.
34 S. 163.3202(1), F.S.
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development regulations 35 and may adopt measures for the purpose of increasing affordable housing using land
use mechanisms. 36
Zoning
A comprehensive plan’s future land use element establishes a range of allowable uses and densities 37 and
intensities 38 over large areas, while the specific use and intensities for specific parcels within that range are
decided by a more detailed, implementing zoning map. 39
Zoning maps and zoning districts are adopted by a local government for developments within each land use
category or sub-category. While land uses are general in nature, one or more zoning districts may apply within
each land use designation. 40 Common regulations within the zoning map districts include density, height and bulk
of buildings, setbacks, and parking requirements. Regulations for a zoning category in a downtown area may allow
for more density and height than allowed in a suburb, for instance.
If a developer or landowner believes that a proposed development may have merit but it does not meet the
requirements of a zoning map in a jurisdiction, the developer or landowner can seek a rezoning through a rezoning
application. 41 Rezoning applications are initially reviewed by local government staff, then by an appointed body
that makes recommendations to the governing body of the local government, which makes the final
determination. 42 If a property has unique circumstances or small nonconformities but otherwise meets zoning
regulations, local governments may ease restrictions on certain regulations such as building size or setback
through an application for a variance. 43 However, any action to rezone or grant a variance must be consistent with
the local government’s comprehensive plan.
Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning
category or ordinances or resolutions initiated by the local government that change the actual zoning map
designation of a parcel or parcels of land must follow additional enhanced notice requirements:
• If the area affected is less than 10 acres, the local government must notify by mail each property owner and
hold a public meeting to discuss the ordinance or resolution before passage.
• If the area affected is 10 acres or greater, the local government must hold two separate meetings to discuss
the changes, and notice the public through either mail to each property owner or to the public generally by
newspaper. 44
Classification of Agricultural Lands
Each property appraiser is required to classify all lands within the county as either agricultural or nonagricultural
for tax assessment purposes. 45 Only lands that are used primarily for bona fide agricultural purposes may be
classified agricultural. 46
35 S. 163.3202(3), F.S.
36 Ss. 125.01055 and 166.04151, F.S.
37 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. S. 163.3164(12), F.S.
38 “Intensity” means an objective measurement of the extent to which land may be developed or used, including the
consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources;
and the measurement of the use of or demand on facilities and services. S. 163.3164(22), F.S.
39 Grosso, supra note 15.
40 See, e.g., Indian River County, Planning and Development Services FAQ (last visited Feb. 13, 2026).
41 See e.g., City of Tallahassee, Application for Rezoning Review (last visited Feb. 13, 2026).
42 See id. and City of Redington Shores, Planning and Zoning Board (last visited Feb. 13, 2026).
43 See e.g., City of Tallahassee, Variance and Appeals and Seminole County, Variance Process Requirements (last visited Feb. 13,
2026).
44 See ss. 125.66(5) and 166.041(3), F.S.
45 S. 193.461(1), F.S.
46 S. 193.461(3)(a), F.S.
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The term “bona fide agricultural purposes” means good faith commercial agricultural use of the land. 47 The term
“agricultural purposes” includes, but is not limited to, horticulture; floriculture; viticulture; forestry; dairy;
livestock; poultry; bee; pisciculture, if the land is used principally for the production of tropical fish; aquaculture as
defined in state law; algaculture; sod farming; and all forms of farm products as defined in state law; and farm
production. 48
Recognized Environmental Condition
Recognized environmental condition (REC) is one of the terms used to identify environmental liability within the
context of a Phase I Environmental Site Assessment. 49 ASTM International defines a REC in the E1527-21 standard
as:
• The presence of hazardous substances or petroleum products in, on, or at the subject property due to a
release to the environment;
• The likely presence of hazardous substances or petroleum products in, on, or at the subject property due to
a release or likely release to the environment; or
• The presence of hazardous substances or petroleum products in, on, or at the subject property under
conditions that pose a material threat of a future release to the environment.
A Phase I Environmental Site Assessment uses existing information to help a community understand the
property conditions by examining current and historical uses of the site and potential threats to human health or
the environment. 50 If evidence of known or potential contamination is found at the property, further investigation
is needed, while if little to no evidence of potential contamination is found at the property, often the next step is to
proceed with reuse or redevelopment.
Comprehensive Environmental Response, Compensation, and Liability Act
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 51 is commonly known as
the Superfund. 52 Thousands of contaminated sites exist nationally due to hazardous waste being dumped, left out
in the open, or otherwise improperly managed. 53 These sites include manufacturing facilities, processing plants,
landfills, and mining sites.
The CERCLA created a tax on the chemical and petroleum industries and required that the money collected be used
to clean up hazardous waste sites throughout the country. The Superfund allows the U.S. Environmental Protection
Agency (EPA) to clean up contaminated sites. 54 It also forces the parties responsible for the contamination to either
perform cleanups or reimburse the government for EPA-led cleanup work.
Title 40, Part 312 of the Code of Federal Regulations provides that environmental condition investigations must be
documented in a written report prepared by an environmental professional. 55 These reports often take the form of
a Phase I Environmental Site Assessment. 56 When a potential owner conducts an investigation in compliance with
Title 40, Part 312 of the Code of Federal Regulations, he or she may have a defense to liability if contamination is
later discovered. 57
47 Id.
48 S. 193.461(5), F.S.
49 Partner Engineering and Science, Recognized Environmental Condition (REC) (last visited Feb. 13, 2026).
50 U.S. Environmental Protection Agency (EPA), Assessing Brownfield Sites (last visited Feb. 13, 2026).
51 42 U.S.C. ss. 9601 et seq.
52 U.S. EPA, Superfund: CERCLA Overview (last visited Feb. 13, 2026).
53 U.S. EPA, What is Superfund? (last visited Feb. 13, 2026).
54 Id.
55 U.S. EPA, All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content (last visited Feb. 13,
2026).
56 See U.S. EPA, Brownfields All Appropriate Inquiries (last visited Feb. 13, 2026) (“Every Phase I environmental site assessment
conducted with EPA Brownfields Assessment Grant funds must be conducted in compliance with the AAI Final Rule at 40 CFR
Part 312.”)
57 U.S. EPA, Assessing Brownfield Sites (last visited Feb. 13, 2026).
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Brownfields Program
Many areas in Florida contain sites with actual or perceived environmental contamination that may present a
significant barrier to redevelopment. 58 The Florida Brownfields Redevelopment Act was adopted in 1997 to
provide incentives for local governments and individuals to voluntarily clean up and redevelop brownfield sites. 59
Participation in the program results in environmental cleanup, protection of public health, reuse of infrastructure,
economic redevelopment and job creation. 60
Local governments support the use of the tools and incentives provided by the program by designating brownfield
areas for cleanup and revitalization. 61 A brownfield area designation can also be proposed by other persons,
including, but not limited to, individuals, corporations, partnerships, limited liability companies, community-based
organizations, and not-for-profit corporations. 62
Upon designation, properties within a brownfield area have met the first requirement for participation in the
program. 63 These properties may participate in economic incentives that are linked to a brownfield site
rehabilitation agreement (BSRA), including the job bonus tax refund or refunds on sales and use tax paid on the
purchase of building materials used in a mixed-use project or housing project. If contamination is known or
suspected, the local government may designate an area and identify the person responsible for brownfield site
rehabilitation. This entitles the identified person to negotiate a BSRA with the Department of Environmental
Protection. 64
Preemption
Preemption refers to the principle that a federal or state statute can supersede or supplant state or local law that
stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law. 65
Where state preemption applies, a local government may not exercise authority in that area. 66 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void. 67
58 Florida Dept. of Environmental Protection (DEP), Florida Brownfields Redevelopment Program Annual Report: FY 2023-24, p.
4 (last visited Feb. 13, 2026).
59 Ch. 97-277, s. 1, Laws of Fla., codified as ss. 376.77-376.85, F.S.
60 DEP, supra note 57 at 4.
61 Id at 5.
62 S. 376.80(1)(b)2. and (2)(c), F.S.
63 DEP, supra note 57 at 5.
64 Id.
65 Preemption definition, Black’s Law Dictionary (12th ed. 2024).
66 D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
67 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIntergovernmental Affairs 12 Y, 2 N, As CS 2/5/2026 Darden Darden
Subcommittee
THE CHANGES ADOPTED BY THE • Revised the definition of environmentally impacted land.
COMMITTEE: • Limited the provisions of the bill to qualifying parcels that border areas
zoned for residential development and to the density of development
on qualifying parcels.
• Required an open space buffer between the new developments and
existing single-family residences and townhouses.
• Allowed local governments to utilize generally applicable local
architectural design standards if those standards do not affect the
density or intensity of the proposed development.
• Required proposed developments to meet concurrency requirements
before building permits are issued.
Commerce Committee Hamon Fletcher
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 979 2026
1 A bill to be entitled
2 An act relating to infill redevelopment; creating s.
3 163.2525, F.S.; providing a short title; providing
4 legislative findings; providing definitions; providing
5 applicability; requiring a local government to permit
6 the development of certain qualifying parcels up to a
7 certain density and intensity; requiring a local
8 government to approve an application for the
9 subdivision of a qualifying parcel under certain
10 circumstances; prohibiting a local government from
11 using the subdivision process to restrict development
12 in a certain manner; requiring developers of
13 qualifying parcels to maintain a specified buffer
14 between new developments and single-family homes and
15 townhouses under certain circumstances; providing
16 requirements for such buffer areas; requiring
17 developers of qualifying parcels to establish that
18 certain recreational facilities and areas reserved for
19 recreational use have not been in operation or use for
20 a certain timeframe, to pay double the parks and
21 recreational facilities impact fees for a certain
22 purpose, and to provide certain written notice to
23 certain property owners; requiring property owners who
24 receive such written notice to exercise an option to
25 purchase certain parcels or portions thereof within a
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26 specified timeframe or forfeit the option; limiting
27 the price at which such parcels or portions of parcels
28 may be offered to the property owners for purchase;
29 requiring the administrative approval of certain
30 proposed developments; authorizing local governments
31 to apply certain local regulations under certain
32 circumstances; requiring development on qualifying
33 parcels to meet concurrency requirements; requiring
34 each local government to maintain a certain policy on
35 its website; providing applicability; providing
36 construction; prohibiting a local government from
37 adopting or enforcing certain local laws, ordinances,
38 or regulations; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 163.2525, Florida Statutes, is created
43 to read:
44 163.2525 Infill Redevelopment Act.—
45 (1) SHORT TITLE.—This section may be cited as the "Infill
46 Redevelopment Act."
47 (2) LEGISLATIVE FINDINGS.—The Legislature finds that this
48 state's urban areas lack sufficient land for the development of
49 additional residential uses, which has led to a shortage of
50 supply; that parcels of land within or near urban areas are
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51 difficult to develop or redevelop because of environmental
52 issues and local regulations; and that facilitating the
53 expedited permitting of such parcels, particularly in areas in
54 which multiple local governments have jurisdiction, serves
55 important public interests in remediating environmentally
56 challenged land and increasing the supply of housing.
57 (3) DEFINITIONS.—As used in this section, the term:
58 (a) "Adjacent to" means located next to another parcel of
59 land or portion thereof, including where the parcels are
60 separated only by a roadway, railroad, or other public or
61 private right-of-way or easement.
62 (b) "Density" has the same meaning as in s. 163.3164.
63 (c) "Designated agricultural land" means a parcel of land
64 within a zoning district that allows for agricultural uses such
65 as farming, raising livestock, or aquaculture as the main
66 permitted uses and which land is classified as agricultural land
67 under s. 193.461.
68 (d) "Environmentally impacted land" means a parcel of land,
69 any portion of which:
70 1. There is a detection of a containment or pollutant
71 above the applicable local, state, or federal residential clean
72 up levels;
73 2. Is, or, prior to or concurrent with development, would
74 be subject to environmental cleanup or site rehabilitation
75 requirements pursuant to chapter 376, chapter 403, or local
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76 environmental ordinances or regulations, as a result of the
77 presence of environmental containment or pollution present above
78 applicable cleanup target levels; or
79 3. Is located in a brownfield area designated pursuant to
80 s. 376.80.
81 (e) "Local government" means a county, municipality,
82 special district, or political subdivision of the state.
83 (f) "Parcel of land" has the same meaning as in s.
84 163.3164.
85 (g) "Qualifying parcel" means a parcel of land to which
86 this section applies under subsection (4).
87 (h) "Recreational facilities" means one or more parcels of
88 land any portion of which was previously used as a golf course,
89 tennis court, swimming pool, or clubhouse, or another similar
90 use.
91 (i) "Townhouse" means a single-family dwelling unit that
92 is constructed in a series or group of attached units with
93 property lines separating such units.
94 (j) "Urban growth boundary" means a boundary established
95 by a comprehensive plan or land development regulation beyond
96 which the provision of urban services or facilities is limited.
97 The term includes, but is not limited to, urban development
98 boundaries and urban service boundaries.
99 (4) QUALIFYING PARCELS.—
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100 (a) Except as provided in paragraph (b), this section
101 applies to environmentally impacted land consisting of at least
102 5 acres that is adjacent to a zoning district within the same
103 jurisdiction that permits residential uses as of right and is
104 within a county that meets both of the following requirements:
105 1. The county has a population of more than 1.475 million
106 according to the most recent decennial census.
107 2. There are at least 15 municipalities within the county.
108 (b) This section does not apply to any of the following:
109 1. Designated agricultural land.
110 2. Land owned or operated by a local government for public
111 park purposes.
112 3. Land outside an urban growth boundary.
113 4. Land within one-quarter mile of a military installation
114 identified in s. 163.3175(2).
115 (5) DEVELOPMENT REGULATIONS.—Notwithstanding any local
116 law, ordinance, or regulation to the contrary, a local
117 government must permit a qualifying parcel to be developed with
118 residential uses. The density of development pursuant to this
119 section shall not exceed the average density of all zoning
120 districts within the same jurisdiction that allow residential
121 uses as of right adjacent to the qualifying parcel, and its
122 intensity must comply with the standards of any adjacent zoning
123 district.
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124 (6) SUBDIVISION APPROVAL.—A local government must approve
125 an application for the subdivision of a qualifying parcel if the
126 application satisfies the requirements of chapter 177. A local
127 government may not use the subdivision process to restrict
128 development below the density and intensity authorized under
129 subsection (5).
130 (7) BUFFER FROM RESIDENTIAL USES.—If a qualifying parcel
131 is adjacent to single-family homes or townhomes, or both, on all
132 sides, the developer must provide a buffer of at least 20 feet
133 between the new development and the existing single-family homes
134 or townhomes. The buffer area shall be measured from lot line to
135 lot line and must be maintained as open space or improved with
136 passive recreational facilities accessible to the community.
137 Swales and water retention areas shall be considered open space.
138 (8) RECREATIONAL FACILITIES.—
139 (a) If a qualifying parcel includes recreational
140 facilities or areas reserved for recreational use and such
141 recreational facilities or areas are adjacent to single-family
142 homes on all sides, the developer must do all of the following:
143 1. Establish that such facilities or areas, or portions
144 thereof, located on the qualifying parcel have not been in
145 operation or in use for a period of at least 12 consecutive
146 months.
147 2. Pay double the applicable parks or recreational
148 facilities impact fee that would otherwise apply to the proposed
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CS/HB 979 2026
149 development, to compensate for the loss of open or recreational
150 space.
151 3. Provide written notice delivered by certified mail to
152 all owners of property adjacent to the recreational facilities
153 or areas, which notice includes all of the following
154 information:
155 a. That the developer intends to develop the parcel in
156 accordance with this section.
157 b. That the adjacent property owners may elect to purchase
158 the parcel or portion thereof containing recreational facilities
159 or areas for the purpose of maintaining the parcel, or portions
160 thereof, as recreational areas or open space within 90 days
161 after the date the notice is mailed.
162 c. The price at which the adjacent property owners may
163 purchase the property.
164 (b) Property owners who receive the notice required under
165 subparagraph (a)3. and wish to exercise the option to purchase
166 the parcel or portion thereof containing the recreational
167 facilities or areas must exercise the option and close on the
168 property, including requiring the property to be maintained as a
169 recreational area or open space for at least 30 years through
170 acceptance of a deed restriction or recording of a restrictive
171 covenant, within 90 days after the notice is mailed or forfeit
172 the option. The parcel or portion thereof must be offered to
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CS/HB 979 2026
173 such property owners for purchase at a price that may not exceed
174 the greater of:
175 1. An amount equal to the price paid by the property owner
176 plus 10 percent; or
177 2. An amount equal to a bona fide offer to purchase the
178 property received by the property owner within the last 12
179 months plus 10 percent.
180 (9) DEVELOPMENT APPLICATIONS.— The proposed development of
181 a qualifying parcel which complies with the requirements of this
182 section must be administratively approved, and no further action
183 by the governing body of a local government is required. A local
184 government may administratively require a proposed development
185 to comply with local regulations relating to architectural
186 design, such as required color palettes or architectural style,
187 provided such standards would apply to, and are generally
188 applicable to, comparable residential development within the
189 jurisdiction and do not affect the density or intensity of the
190 proposed development. Developers shall be required to establish
191 consistency with applicable concurrency requirements before the
192 issuance of a building permit for any project developed pursuant
193 to this section. Each local government shall maintain on its
194 website a policy containing procedures and expectations for
195 administrative approval under this subsection.
196 (10) APPLICATION AND CONSTRUCTION.—This section applies
197 retroactively to any local law, ordinance, or regulation that is
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198 contrary to this section or its intent and must be liberally
199 construed to effectuate its intent.
200 (11) PREEMPTION.—A local government may not adopt or
201 enforce a local law, an ordinance, or a regulation that applies
202 or has the effect of applying a more restrictive or burdensome
203 requirement or procedure to the development of a qualifying
204 parcel which is administratively approved pursuant to this
205 section. Any such law, ordinance, or regulation contrary to this
206 section is void.
207 Section 2. This act shall take effect upon becoming a law.
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CS/HB 1175
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1175 COMPANION BILL: SB 1526 (Rodriguez)
TITLE: Safety Design Standards for Office Surgery Suites LINKED BILLS: None
SPONSOR(S): Redondo RELATED BILLS: None
Committee References
Industries & Professional Health Professions & Programs Commerce
Activities 14 Y, 0 N, As CS
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill directs the Florida Building Commission and the State Fire Marshal to create new safety design standards
specific to office surgical suites to allow up to six patients on an outpatient basis, instead of the current limitation of
four patients who, due to treatment, anesthesia, or illness or injury, are unable to take action for self-preservation
during an emergency.
Fiscal or Economic Impact:
The bill would have an indeterminate financial benefit for physicians who have office surgical suites. It could have
an indeterminate, negative financial impact on hospitals.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
By January 1, 2027, the bill directs the Florida Building Commission to amend the Florida Building Code and the
State Fire Marshal to amend the Florida Fire Prevention Code to include safety design standards for office surgical
suites so that physicians can provide services or treatment simultaneously for up to six patients who, due to
treatment, anesthesia, or illness or injury, are unable to take action for self-preservation during an emergency
without the assistance of others. (Section 1)
The safety design standards must be an alternative to the safety design standards for ambulatory health care
occupancies that are already found in the codes, which currently limit such office surgical suites to treating no
more than four immobile patients. The bill defines “office surgery suite” as that portion of a physician’s office
where surgery is performed. (Section 1)
The bill takes effect on July 1, 2026. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill expands the number of patients, from four to six, that physicians that operate in an office
surgery suite can provide simultaneous services or treatment to on an outpatient basis. This may have a positive
fiscal impact on these businesses. However, the increased number of patients allowed in this setting may have a
negative fiscal impact on hospitals.
STORAGE NAME: h1175d.COM
DATE: 2/16/2026
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CS/HB 1175
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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 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 created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
body made up 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
Florida Fire Prevention Code
Chapter 633, F.S., Florida’s fire prevention and control law, designates the state’s Chief Financial Officer as the State
Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the Department of Financial
Services, is charged with enforcing the provisions of ch. 633, F.S., and all other applicable laws relating to fire
safety. 7
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which contains all
fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair,
and demolition of public and private buildings, structures, and facilities. 8
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. 28, 2026).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2026).
4 See s. 553.72(1), F.S.
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. 28, 2026).
6 S. 553.73(7)(a), F.S.
7 S. 633.104, F.S.
8 S. 633.202, F.S.
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CS/HB 1175
The Fire Code is an occupancy-based code. Three occupancy classifications exist in the Fire Code that could apply
to medical facilities. They are business occupancies, ambulatory health care occupancies, and health care
occupancies. The Fire Code defines a business occupancy as “an occupancy used for the transaction of business
other than mercantile”. 9 This occupancy type includes doctor’s offices.
Ambulatory health care occupancy is defined as an occupancy “used to provide services or treatment
simultaneously to four or more patients that provides, on an outpatient basis, one or more of the following:
1. Treatment for patients that renders the patient incapable of taking action for self-preservation under
emergency conditions without the assistance of others;
2. Anesthesia that renders the patient incapable of taking action for self-preservation under emergency
conditions without the assistance of others
3. Treatment for patients who, due to the nature of their injury or illness, are incapable of taking action for
self-preservation under emergency conditions without the assistance of others.” 10
Health care occupancy is defined as an occupancy “used to provide medical or other treatment or care
simultaneously to four or more patients on an inpatient basis, where such patients are mostly incapable of self-
preservation due to age, physical or mental disability, or because of security measures not under the occupants’
control.” 11
Ambulatory Surgical Centers (ASC) vs. Office-Based Surgeries (OBS)
ASCs and Office Surgery Suites are separate sections in the Building Code 12 and health care occupancies,
ambulatory care occupancies, and business occupancies are regulated separately in the Fire Code. 13 Certain office
surgery suites are required to meet the standards under the code for ambulatory surgical centers.
Outpatient surgery can occur in two primary settings: OBS and ASCs. OBS utilizes a dedicated suite within a
doctor’s office, offering a familiar patient environment. ASCs, on the other hand, are freestanding facilities
specifically designed for outpatient procedures. An ASC is a facility that is not part of a hospital the primary
purpose of which is to provide elective surgical care, in which the patient is admitted and discharged within 24
hours. 14 ASCs are licensed and regulated by the Agency for Health Care Administration under the same regulatory
framework as hospitals. 15
OBS offers procedures not in a hospital environment but within a dedicated suite in a doctor’s office that is
designed to meet surgical needs, and equipped with essential tools. Surgery in an OBS is suitable for a range of less
complex procedures, for example, mole removal, skin biopsies and some cosmetic procedures, like liposuction or,
in some instances, cataract surgery, can be safely conducted within an OBS suite. OBS provides a convenient and
efficient option for various surgical needs, that may allow a patient to return home the same day. 16
Office Surgeries, the Building Code and Emergency Rules
The Board of Medicine and the Board of Osteopathic Medicine have authority to adopt rules to regulate the practice
of medicine and osteopathic medicine, respectively. 17 The boards have authority to establish, by rule, standards of
9 S. 3.3.198.3 of the Eighth Edition of the Florida Fire Prevention Code, Life Safety Code.
10 S. 3.3.198.1 of the Eighth Edition of the Florida Fire Prevention Code, Life Safety Code.
11 S. 3.3.198.7 of the Eighth Edition of the Florida Fire Prevention Code, Life Safety Code.
12 Ss. 451 and 469 of the Eighth Edition of the Florida Building Code, Building.
13 Chs. 18, 19, 20, 21, 37 and 38 of the Eighth Edition of the Florida Fire Prevention Code, Life Safety Code.
14 S. 395.002(3), F.S.
15 Part I, ch. 395, F.S., and part II, ch. 408, F.S.
16 Id.
17 Ch. 458, F.S., regulates the practice of allopathic medicine, and ch. 459, F.S., regulates the practice of osteopathic medicine.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 1175
practice and standards of care for particular settings. 18 However, occupancies and building requirements are set in
the Building Code and Fire Code.
Office Surgery Suites that provide services or treatment to four or more patients at the same time that either
renders the patients incapable of taking action for self-preservation under emergency conditions without the
assistance from others or that are under general anesthesia must meet the requirements of ambulatory health
care occupancies under the Building Code and Fire Code. 19
The Building Code defines “incapable of self-preservation” as persons who, because of age, physical limitations,
mental limitations, chemical dependency or medical treatment, cannot respond as an individual to an emergency
situation. 20
Building code standards are determined based on the use of the space and whether anesthesia is used. ASCs must
meet strict requirements, including special design details from "The Guidelines for Design and Construction of
Outpatient Facilities". For example, the Building Code has the following requirements for operating rooms:
• Operating Room Size:
o ASC: Requires at least one operating room with a minimum clear floor area of 270 square feet
(25.08 m²).
o Office Surgery Suite: Minimum clear floor area depends on the level of care: 255 sq ft (Level II), 270
sq ft (Level III with anesthesia machine), or 400 sq ft (complex).
• Electrical systems:
o ASC: Requires a Type I emergency electrical system (similar to hospitals).
o Office Surgery Suite: Requires a Minimum Type III nonportable, permanently installed emergency
electrical system, but new Level III suites should provide a Type I system.
• Recovery Stations: Requires an operating room to have a recovery station that must be a part of the
restricted area of the office surgery suite with 3 feet of clear floor area around three sides of each recovery
station for work and circulation.
Examples of differences between ASC requirements from the Fire Code compared to Office Surgery Suites:
• Occupancy Classifications:
o ASC’s: Require 1-hour smoke barriers and, in many cases, smoke compartments.
o Office Surgery Suite: "Business" occupancy (lower risk), unless it hits the 4-patient threshold, which
upgrades it to "Ambulatory Health Care".
• Smoke Compartments:
o ASC: Required if the facility is large (usually over 10,000 sq ft, or 5,000 sq ft without sprinklers) to
allow for safe patient movement.
o Office Surgery Suite: Generally, not required for standard business occupancies.
• Sprinklers & Separation:
o ASC: Requires strict 1-hour fire resistance ratings, and if in an un-sprinklered building, they must
be separated by specific fire barriers.
o Office Surgery Suite: Requires 1-hour fire separation, similar to business occupancies, but stricter if
it is classified as ambulatory care due to the level of sedation/anesthesia used.
Other Considerations and Recent Events Related to Office Surgeries
Prior to performing any office surgery, a physician must evaluate the risk of anesthesia and of the surgical
procedure to be performed. 21 A physician must maintain a complete record of each surgical procedure, including
18 Ss. 458.331(v) and 459.015(z), F.S.
19 S.469.3.1 of the Eighth Edition of the Florida Building Code, Building,
20 S. 202 of the Eighth Edition of the Florida Building Code, Building
21 Rs. 64B8-9.0091(2), and 64B15-14.0076(2), F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1175
the anesthesia record, if applicable, and written informed consent. 22 The written consent must reflect the patient’s
knowledge of identified risks, consent to the procedure, type of anesthesia and anesthesia provider, and that a
choice of anesthesia provider exists. 23 There are additional specific requirements for liposuction procedures. 24
Certain outpatient surgeries carry a higher risk of complications to patients 25. Thus, the Florida Law has
established specific standards and best practices for such office surgeries. For example, in 2022, the Florida Board
of Medicine Board adopted an emergency rule based on statistics that indicated gluteal fat grafting patients were
experiencing abnormally high levels of complications and that fatalities from fat embolisms were occurring with
disturbing frequency. 26 Florida instituted additional emergency rules limiting gluteal fat grafting procedures to
three per day. A number of medical societies and associations supported these rules, including the American
Society of Plastic Surgeons who called such measures “patient safety measures” … believed likely to “save lives and
reduce morbidity.”
Based on these same concerns, Florida passed a bill in 2024 that increased regulation and fines on physicians who
perform office surgeries that do not follow proper procedures related to liposuction and gluteal fat grafting. 27
Florida passed laws that required physicians to register with the Department of Health (DOH) offices that perform
liposuction procedures in which more than 1,000 cubic centimeters of supernatant fat is removed. 28 Each office
registered must designate a physician who is responsible for the office’s compliance with the office health and
safety requirements. 29 The offices are inspected by the DOH at least annually, including a review of patient records,
to ensure that the office is in compliance. 30
An office in which a physician performs gluteal fat grafting 31 procedures must at all times maintain a ratio of one
physician to one patient during all phases of the procedure, beginning with the administration of anesthesia to the
patient and concluding with the extubation of the patient. After a physician has commenced, and while he or she is
engaged in, a gluteal fat grafting procedure, the physician may not commence or engage in another gluteal fat
grafting 32 procedure or any other procedure with another patient at the same time. 33 The rate of fatal
complications from gluteal fat grafting is higher than any other cosmetic procedure. 34 South Florida carries the
highest mortality rate by far in the nation with 25 deaths occurring between 2010 and 2022 related to gluteal fat
grafting procedures. 35 According to a study on the deaths that occurred in South Florida, the surgical setting and
22 Id.
23 Id.
24 Rs. 64B8-9.009(2)(a) and 64B15-14.007(2)(a), F.A.C.
25 The rate of fatal complications from gluteal fat grafting is higher than any other cosmetic procedure. Pat Pazmiño, Onelio
Garcia, Brazilian Butt Lift–Associated Mortality: The South Florida Experience, Aesthetic Surgery Journal, Volume 43, Issue 2,
February 2023, Pages 162–178, https://doi.org/10.1093/asj/sjac224 (last visited January 25, 2026).
26 Id. South Florida carries the highest BBL mortality rate by far in the nation with 25 deaths occurring between 2010 and
2022.
27 CS/HB 1561 (2024).
28 Ss. 458.328 and 459.0138, F.S.
29 Id.
30 Id.
31 O'Neill RC, Abu-Ghname A, Davis MJ, Chamata E, Rammos CK, Winocour SJ. The Role of Fat Grafting in Buttock Augmentation,
Seminars in Plastic Surgery (February 15, 2020) available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7023974/#:~:text=First%2C%20fat%20is%20harvested%20from,figure%
20with%20an%20augmented%20buttock (last visited January 25, 2026).
32 Gluteal fat grafting, commonly known as a “Brazilian butt lift” or BBL, is the fastest-growing plastic surgery procedure in the
U.S. The procedure involves liposuction in areas where fat removal will improve the contour of the body. Typically, fat is
harvested from two or more regions which may include the flanks (love handles), abdomen, or back. The harvested fat is
purified to optimize the viability of fat cells and stem cells before it is injected into the subcutaneous layer (below the skin, but
above the muscle) of the buttocks.
33 Id.
34 Pat Pazmiño, Onelio Garcia, Brazilian Butt Lift–Associated Mortality: The South Florida Experience, Aesthetic Surgery Journal,
Volume 43, Issue 2, February 2023, Pages 162–178, https://doi.org/10.1093/asj/sjac224 (last visited January 25, 2026).
35 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1175
the short surgical times for these cases were the most significant contributing factors to the deaths. 36 Of the 25
deaths, 23 of the surgeries were performed at high-volume, low budget clinics. These clinics employ a practice
model based on high-volume and minimal-patient-interaction. All of the deaths resulted from pulmonary fat
embolism, which occurs when a vein wall is injured during the injection process allowing fat to enter the
pulmonary vessels. 37
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2024 CS/HB 1561 - Office Surgeries Busatta/ Garcia Click or tap here to enter text.
OTHER RESOURCES:
Florida Building Commission
DBPR: Building Codes and Standards
Florida Building Code Eighth Edition
Florida Fire Prevention Code
Florida Board of Osteopathic Medicine: Office Surgery Centers
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 0 N 1/28/2026 Anstead Miralia
Subcommittee
Health Professions & Programs 14 Y, 0 N, As CS 2/11/2026 McElroy Guzzo
Subcommittee
THE CHANGES ADOPTED BY THE • Moved the substance of the bill from ch. 395, F.S., which governs
COMMITTEE: hospitals to ch. 553, F.S., the Florida Building Code.
• Required the Florida Building Commission and the State Fire Marshal
to establish the safety design standards for office surgery suites by
January 1, 2027, instead of by October 1, 2026.
Commerce Committee Hamon Miralia
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
36 Id.
37 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1175 2026
1 A bill to be entitled
2 An act relating to safety design standards for office
3 surgery suites; creating s. 553.884, F.S.; requiring
4 the Florida Building Commission and the State Fire
5 Marshal to establish safety design standards for
6 certain office surgical suites by a specified date;
7 defining the term "office surgery suite"; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 553.884, Florida Statutes, is created
13 to read:
14 553.884 Office surgery suites; safety design standards.—
15 (1) By January 1, 2027, the commission must establish
16 within the Florida Building Code and the State Fire Marshal must
17 establish within the Florida Fire Prevention Code, safety design
18 standards that allow office surgery suites to provide the
19 following services or treatment simultaneously for up to six
20 patients on an outpatient basis:
21 (a) Treatment for patients that renders the patients
22 incapable of taking action for self-preservation under emergency
23 conditions without the assistance of others.
24 (b) Anesthesia that renders the patients incapable of
25 taking action for self-preservation under emergency conditions
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CS/HB 1175 2026
26 without the assistance of others.
27 (c) Treatment for patients who, due to the nature of their
28 injury or illness, are incapable of taking action for self-
29 preservation under emergency conditions without the assistance
30 of others.
31 (2) Such standards must be an alternative to the safety
32 design standards for ambulatory health care occupancies. For
33 purposes of this section, an "office surgery suite" is that
34 portion of a physician's office where surgery is performed.
35 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
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hb1175-01-c1
CS/HB 1231
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1231 COMPANION BILL: CS/SB 598 (Truenow)
TITLE: Final Disposition, Funeral, and Cemetery Services LINKED BILLS: None
SPONSOR(S): Oliver RELATED BILLS: None
Committee References
Insurance & Banking Commerce
15 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill prohibits funeral and burial services providers from contracting to be the exclusive provider of funeral or
burial services for an entity that provides medical or hospice care. The bill permits cemeteries to be divided by
public rights of way and roads if parcels are in close proximity. The bill removes requisite education credentials for
out of state embalmers, funeral directors, and combination embalmer and funeral directors seeking licensure by
endorsement. The bill revises education requirements for funeral director interns and combination embalmer and
funeral director interns. The bill reduces the timeframe in which facilities may dispose of human remains if legally
authorized persons fail to direct disposition from 120 days to 90 days. The bill allows notices relating to preneed
contracts to be sent by email. The bill excludes preneed contracts from insurance contract requirements. The bill
explicitly authorizes natural organic reduction of human remains, establishes required procedures governing such
reduction of human remains, and creates a licensing framework for natural organic reduction facilities.
Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Prohibition on solicitations
The bill prohibits funeral and burial service providers and other similar providers licensed under the Florida
Funeral, Cemetery, and Consumer Services Act (“FFCCSA”), from contracting to become the exclusive or sole
provider of funeral, burial, cremation, refrigeration, embalming, or removal services for medical providers,
hospices, or similar end-of-life care providers. (Section 2).
Land requirements for cemeteries
The bill amends requirements for cemeteries by allowing parcels to be divided by a public right-of-way or public
road if the parcels are in close proximity and form a unified cemetery property. (Section 3).
The bill requires applications for cemeteries to identify any public rights-of-way or public roads dividing parcels.
(Section 3).
The bill provides that parcels located in a separate or distant geographic area, even if along the same roadway or
corridor, are not permissible. (Section 3).
STORAGE NAME: h1231b.COM
DATE: 2/16/2026
1
CS/HB 1231
Education and testing requirements for licensure by endorsement
The bill amends requirements for obtaining an embalmer license, funeral director license, and combination funeral
director and embalmer license by endorsement. The bill provides that a person with a valid license in good
standing to practice in another state that has engaged in the full-time practice of their respective license in that
state for at least 5 years is exempt from educational and testing requirements. (Sections 5-6 and Section 8).
Licensure requirements for funeral director interns
The bill removes the educational requirement for applicants for a funeral director intern license to take and
receive passing grades in college courses in ethics and in mortuary law or funeral service law. (Section 7).
Under the bill, applicants are still required to hold an associate degree or higher in any field from an accredited
college or university. Additionally, applicants are still required to be enrolled in and attending an approved course
of study in mortuary science or funeral service arts. (Section 7).
Licensure requirements for combination funeral director and embalmer interns
The bill changes the educational requirements for applicants for a combination funeral director and embalmer
intern license by removing the requirements to complete 75 percent of the course of study in mortuary science and
to take and receive passing grades in college credit courses in ethics and mortuary law or funeral law. Instead, the
bill requires applicants to hold an associate degree or higher in any field from a college or university accredited by
a regional accrediting agency recognized by the United States Department of Education or be enrolled in and
attending an accredited college in a course of study in mortuary science. (Section 9).
Disposal of human remains
The bill permits a licensee or facility to dispose of human remains without the direction of a legally authorized
person if:
• The licensee or facility had lawful possession of the human remains for at least 90 days; and
• The legally authorized person1 of the decedent fails, neglects, or refuses to direct the disposition of the
human remains. (Section 10).
Notices relating to unfilled preneed contracts
The bill permits licensees to send notices related to unfilled preneed contracts by e-mail. The bill further revises
the process when a notice is returned undeliverable by allowing the trustee’s required diligent search and inquiry
to seek an alternative e-mail address for the purchaser or beneficiary of the contract, in addition to a mailing
address. (Section 11).
The bill removes provisions that define and expand the scope of a trustee’s diligent search, including detailed
requirements specifying what mailing addresses must be identified and used for follow-up notices. (Section 11).
Natural organic reduction facilities
The bill defines natural organic reduction as the contained, accelerated conversion of human remains to soil, and
expands the definition of cremation to include natural organic reduction. (Section 1).
The bill defines natural organic reduction facility as a structure, room, or other space in a building or a real
property where natural organic reduction of a human body occurs. (Section 1).
Natural organic reduction facility licensure
The bill requires natural organic reduction facilities to apply for and obtain a license from the Department of
Financial Services (“DFS”) prior to operating in the state. Applicants must be a natural person at least 18 years of
age, a corporation, a partnership, or a limited liability company. The applicant and the applicant’s principals must
1 The priority for “legally authorized person” in arranging the disposition of a human body is generally (1) someone
designated by the deceased in writing prior to their death; (2) surviving spouse; (3) adult children; (4) parents; (5) siblings;
(6) other next of kin; (7) a guardian, personal representative of the estate, or friend if no next of kin. S. 497.005(43), F.S.
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be of good character with no demonstrated history of lack of trustworthiness or integrity in business or
professional matters. (Section 12).
License application requirements include:
• The name, address, date and place of birth or incorporation, and business phone number of the applicant
and all principals of the applicant.
• The applicant’s social security number or, if the applicant is an entity, its federal tax identification number.
• The name of the funeral director who will be in charge of the facility.
• Criminal records of the applicant.
• The applicant’s finger prints and the finger prints of its principals.
• A disclosure providing whether the applicant, or its principals, have ever had a license refused, suspended,
fined, denied, or otherwise acted or disciplined against by a licensing authority of any jurisdiction.
• Demonstration that the applicant does or will before operating under the license, comply with all
requirements of the FFCCSA.
• The applicant’s signature. (Section 12).
The application may also require:
• Information on the applicant’s financial resources.
• Information on the educational and employment history, if an individual, or if the applicant is not a natural
person, the applicant’s business and employment history of the applicant and its principals. (Section 12).
Natural organic facility licenses must be renewed annually. The bill requires natural organic reduction facilities to
be inspected prior to licensure and annually thereafter. (Section 12).
The bill exempts natural organic reduction facilities from any licensing or license renewal fees. (Section 12).
The bill permits DFS to issue probationary licenses to natural organic reduction facilities judged to be borderline as
to qualification. A probationary license may only be issued if DFS determines issuance would not pose an
unreasonable risk to the public. The bill provides that within 24 months of issuance, DFS must either remove the
probationary status or determine that the licensee is not qualified for licensure. (Section 12).
The bill requires natural organic reduction facilities to notify DFS prior to any change in location, ownership or
control of the licensee or licensed person in charge of the licensee’s operations. A licensee must obtain an
inspection from DFS at a new location before commencing operations at the new location. (Section 12).
Natural organic reduction facility requirements
The bill provides that natural organic reduction facilities must:
• Have a licensed funeral director in charge of the facility. 2
• Be at a fixed location with at least 1,250 contiguous feet of interior space.
• Maintain or make arrangements for suitable capacity for the refrigeration and storage of human remains
handled and stored by the establishment.
• Have at least one operable organic human reduction container.
• Have at least one operable processing station for grinding of organically reduced remains.
• Place human remains within an operable organic human reduction container within eight hours of receipt,
or maintain refrigeration that satisfies standards set by the Department of Health and contains sufficient
refrigerated space for the average daily number of bodies.
• Display the name of the facility and the name of the funeral director in charge at its public entrance.
• Transport human remains in a cremation container or store them if they are completely covered and
treated with dignity and respect.
2 The bill requires the funeral director in charge to possess a national or state certification as a natural organic reduction
operator. A funeral director may not be in charge of more than two facilities.
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• Operate only through a funeral establishment.
• Maintain the premises in a clean and sanitary condition.
• Submit periodic reports to DFS with information about the facility and persons undergoing natural organic
reduction.
• Be subject to inspection at all times by DFS, the Department of Environmental Protection, the Department
of Health, and local government inspectors. (Section 12).
The bill prohibits natural organic reduction facilities from placing more than one dead human body in an organic
human reduction container at one time, unless the facility has received written permission from a legally
authorized person for each body. (Section 12).
Natural organic reduction required procedures
The bill requires the legally authorized person to give written authorization prior to the natural organic reduction.
A legally authorized person must designate her or his intentions with respect to the disposition of the reduced
remains in a signed declaration of intent. (Section 14).
The bill requires a natural organic reduction to be initiated within 48 hours after a specific time which has been
agreed to in writing by the legally authorized person. (Section 14).
The bill provides that reduced remains are not property under the Florida Probate Code, and are not subject to
partition for purposes of distribution. 3 Under the bill, a division of reduced remains requires consent of the legally
authorized person. (Section 14).
The bill provides that a funeral establishment making arrangements for a reduction shall not be responsible for or
take possession of unclaimed reduced remains. (Section 14).
The bill provides that if reduced remains have not been claimed after 120 days, the funeral establishment may
dispose of the reduced remains. (Section 14).
The bill requires that after completion of the reduction process, the reduced remains must be pulverized until no
single fragment is recognizable as skeletal tissue. The pulverized remains are then required to be transferred to a
container or multiple containers, if requested by the legally authorized person, and then delivered to the legally
authorized person or otherwise disposed of. (Section 14).
Decrease of the wait time period for disposal of cremated remains
The bill decreases the amount of time that a funeral or direct disposal establishment must wait before disposing of
cremated remains that have not been claimed from 120 days to 90 days. (Section 13).
Insurable interest consent
The bill excludes preneed contracts from the requirement that insured persons apply for and consent to contract
terms. (Section 15).
Effective date:
The bill provides an effective date of July 1, 2026. (Section 16).
RULEMAKING:
The bill permits the Board of Funeral, Cemetery, and Consumer Services to adopt rules to implement the
provisions related to permitting notices on unfilled preneed contracts and permits the Board to adopt rules and
regulations to provide for the sanitary disposal of human remains by natural organic reduction. The bill requires
3 See ss. 731.201(32) and 733.814, F.S.
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DFS, the Department of Health, and the Department of Environmental Protection to adopt rules establishing health
and environmental inspection standards for natural organic reduction facilities.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive fiscal impact on the private sector by reducing the licensing requirements to obtain a
funeral director intern license and a combination funeral director and embalmer intern license. The bill may also
have a positive fiscal impact by reducing the requirements to obtain licensure by endorsement for embalmer
licenses, funeral director licenses, and combination funeral director and embalmer licenses. The bill may also have
a positive fiscal impact by creating a new market for natural organic reduction facilities.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Funeral, Cemetery, and Consumers Services Act
Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (“FFCCSA”), regulates
funeral and cemetery services. 4 The FFCCSA authorizes the Board of Funeral, Cemetery, and Consumer Services
(“Board”) within the Department of Financial Services (“DFS”) to regulate cemeteries, columbaria, 5 cremation
services, mausoleums, cemetery companies, dealers and monument builders, funeral directors, and funeral
establishments. 6 The Board oversees licensing and rulemaking for the death care industry, including examinations
and facility standards. 7 The death care industry includes the following individuals and entity licenses:
• Brokers of burial rights;
• Cemeteries;
• Central embalming facilities;
• Cinerator facilities;
• Direct disposer and direct disposal establishments;
• Embalmers (including apprentices, interns, and by endorsement);
• Funeral directors and funeral establishments (including interns and by endorsement);
• Preneed, preneed branches, and preneed sales agents;
• Monument establishments and monument establishment sales agents;
• Refrigeration facilities;
• Removal services; and
• Training facilities8
4 S. 497.001, F.S.
5 “Columbarium” means a structure or building that is substantially exposed above the ground and that is intended to be used
for the inurnment of cremated remains. S. 497.005(18), F.S.
6 See ss. 497.101 and 479.103, F.S.
7 Id.
8 Funeral, Cemetery, and Consumer Services, Who We Regulate, https://myfloridacfo.com/division/funeralcemetery/who-we-
regulate (last visited Jan. 30, 2026).
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Solicitation
The FFCCSA authorizes the Board to regulate solicitation of sales of burial rights, merchandise, or services by
licensees. 9 The Board is required to regulate such solicitation to protect the public from solicitation which:
• is intimidating, overreaching, fraudulent, or misleading;
• utilizes undue influence; or
• takes undue advantage of a person’s ignorance or emotional vulnerability. 10
Currently, the FFCCSA does not prohibit funeral homes, burial service providers, and other similar licensed
providers from contracting to become the exclusive or sole provider of funeral, burial, cremation, refrigeration,
embalming, or removal services for medical providers, hospices, or similar end-of-life care providers. 11
Cemetery regulation
The FFCCSA defines “cemetery” as a place dedicated to and used or intended to be used for the permanent
interment of human remains or cremated remains. A cemetery may contain land or earth interment; mausoleum,
vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended
to be used for the interment or disposition of cremated remains; or any combination of one or more of such
structures or places. 12
Under current law, cemeteries must contain at least 30 contiguous acres. 13 Cemetery applications must state the
exact number of acres in a proposed cemetery. 14 Further, cemeteries must contain at least 30 contiguous acres to
be sold, conveyed, or disposed of. 15
Embalmers
Embalming is the disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing
certain body fluids with preserving and disinfecting chemicals. 16 To be licensed as an embalmer in Florida, an
applicant must:
• Complete coursework in mortuary science;
• Complete coursework in communicable diseases;
• Complete a one-year internship under a licensed embalmer;
• Pass a written exam on the disposal of dead bodies;
• Pass a licensing exam;
• Submit fingerprints for a background check; and
• Submit an application and pay a $200 application fee. 17
Applicants licensed as an embalmer in another state may seek licensure by endorsement. There are two distinct
endorsement pathways:
9 S. 497.164, F.S.
10 Id.
11 See Ch. 497, F.S.
12 S. 497.005(13), F.S.
13 S. 497.263, F.S.
14 Id.
15 S. 497.270(2), F.S.
16 S. 497.005, F.S.
17 S. 497.368, F.S.
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Option One: The applicant must hold a valid embalmer license in good standing issued by another U.S. state and
have engaged in the full-time practice of embalming for at least five years in that state and:
• Provide documentation showing coursework in communicable diseases;
• Pass a written exam on the disposal of dead bodies;
• Submit fingerprints for a background check; and
• Submit an application and pay a $200 application fee. 18
Option Two: The applicant must:
• Have practiced as a licensed embalmer for at least one year;
• Have passed a state, regional, or national licensing exam during the 10 years prior to application deemed to
be at least as rigorous as Florida’s;
• Provide documentation showing coursework in communicable diseases;
• Pass a written exam on the disposal of dead bodies;
• Submit fingerprints for a background check; and
• Submit an application and pay a $200 application fee. 19
Funeral Directors
Persons who sell and make financial arrangements for funeral services (including the disposition of human
remains through embalming, cremation or other means) must be licensed as funeral directors and be affiliated
with a licensed funeral establishment. 20 To be licensed as a funeral director, an applicant must:
• Submit an application and pay a $200 application fee;
• Submit fingerprints for a background check;
• Have an associates’ degree in mortuary science or an associates’ degree in another subject and also have
completed an approved course of study in mortuary science;
• Complete a course on communicable diseases;
• Complete a one-year internship under a licensed funeral director;
• Pass an exam on the disposal of dead bodies; and
• Pass a licensing exam. 21
Applicants licensed as a funeral director in another state may seek licensure by endorsement. There are two
distinct endorsement pathways:
Option One: The applicant must hold a valid funeral director license in good standing issued by another U.S.
state and have engaged in the full-time practice of funeral directing for at least five years in that state and:
• Complete coursework in communicable diseases;
• Pass a written exam on the disposal of dead bodies;
• Submit fingerprints for a background check; and
• Submit an application and pay a $200 application fee. 22
Option Two: The applicant must have completed a licensing exam in another state that is substantially
equivalent or more stringent than the licensing exam in Florida, and:
• Hold an associate’s degree or higher or a certificate from an accredited program in mortuary science;
• Complete coursework in communicable diseases;
• Complete a one-year internship under a licensed funeral director;
• Pass a written exam on the disposal of dead bodies;
18 S. 497.369, F.S.
19 Id.
20 S. 497.372, F.S.
21 S. 497.373, F.S.
22 S. 497.374, F.S.
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• Submit fingerprints for a background check; and
• Submit an application and pay a $200 application fee. 23
Combination embalmers and funeral directors
The FFCCSA permits persons to hold licenses in both embalming and funeral directing at the same time. 24
Applicants seeking licensure by endorsement for a combination license must satisfy the educational requirements
for funeral directors which include:
• Holding an associate degree or higher in mortuary science; or
• Holding an associate degree or higher from an accredited college or university and has completed an
approved mortuary science or funeral service arts program at an institution accredited by the American
Board of Funeral Service Education. 25
Licensure requirements for funeral director interns
Funeral director interns must apply for and obtain a license. 26 To become an intern, applicants must meet one of
the following two educational credentials:
• Holds an associate degree or higher in mortuary science; or
• Hold an associate degree or higher from an accredited college or university and complete an approved
mortuary science or funeral service arts program at an institution accredited by the American Board of
Funeral Service Education. 27
An individual who does not yet meet those requirements may still qualify for an intern license if the individual:
• Holds at least an associate degree or higher in any field from an accredited college or university;
• Is enrolled in and attending an approved mortuary science or funeral service education program; and
• Successfully completed college-level coursework in funeral or mortuary law and ethics. 28
Licensure requirements for combination funeral director and embalmer interns
Applicants seeking a combination funeral directing and embalming internship license must meet the education
requirements for a combination funeral directing and embalming license. 29 Applicants who have not yet completed
the requirements can still obtain a license as an intern if the applicant:
• Is currently enrolled in and attending a college accredited by the American Board of Funeral Service
Education (“ABFSE”) in a course of study in mortuary science accredited by ABFSE;
• Completed at least 75 percent of the course of study in mortuary science as certified by the college in which
the applicant is currently enrolled; and
• Received a passing grade in a college credit course in mortuary law or funeral service law and received a
passing grade in a college credit course in ethics. 30
Storage of human remains
A person may not store or maintain human remains at any establishment or facility except an establishment or
facility licensed under the FFCCSA or a health care facility, medical examiner’s facility, morgue, or cemetery holding
facility. 31
If a legally authorized person fails to claim or direct disposition of human remains, the remains are treated as
unclaimed, and the person or entity in possession must immediately notify the Anatomical Board of the State
23 Id.
24 S. 497.376, F.S.
25 Ss. 497.376 and 497.375, F.S.
26 S. 497.375, F.S.
27 S. 497.375, F.S.
28 Id.
29 S. 497.377, F.S.
30 Id.
31 S. 497.386, F.S.
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headquartered at the University of Florida Health Science Center. 32 and make reasonable efforts to identify and
notify relatives. 33 In the absence of available family, a licensed funeral director may assume the role of a legally
authorized person after 24 hours have elapsed since the time of death, in order to embalm, store, and deliver
unclaimed remains to the Anatomical Board. 34 Unclaimed remains must be delivered to the Anatomical Board as
soon as possible after death. 35
If the Anatomical Board does not accept the unclaimed remains, the board of county commissioners or its
designated county department for the county in which the death occurred or the remains were found may
authorize and arrange for the burial or cremation of the human remains. 36
Preneed contracts
A preneed contract is an arrangement or method for which the provider of funeral merchandise or services
receives any payment in advance for funeral or burial merchandise and services after the death of the contract
beneficiary. 37
If any obligation of the preneed contract remains unfulfilled under certain conditions, a preneed licensee must
provide to the purchaser of the contract or the legally authorized beneficiary of the contract written notice of the
preneed licensee’s intent to distribute funds in accordance with the terms of the preneed contract. 38 The notice
must be provided by certified mail, registered mail, or permitted delivery service. 39
Natural organic reduction
Natural organic reduction facilities are facilities with specialized tanks, containers, or similar vessels that convert
human remains to nutrient-rich soil. 40 The reduction process involves the human remains being placed into the
container, tank, or vessel together with straw, wood chips, and other natural materials for around four to six
weeks. 41
Once the body is in the container, tank, or vessel, oxygen flows through stimulating microbes in the remains that
transform the remains into soil. 42 The facilities then return the soil to a designated person, such as a loved one of
the deceased, and can be used for planting. 43
As of September 2025, natural organic reduction is legal in fourteen states. 44
32 The Anatomical Board of the State of Florida is a nonprofit state organization responsible for receiving, preparing
(embalming), storing and distributing donations of human cadavers used in medical education and research programs
throughout the state. Anatomical Board of the State of Florida, About the Anatomical Board, https://anatbd.acb.med.ufl.edu/
(last visited Jan. 31, 2026).
33 S. 406.50, F.S.
34 Id.
35 Id.
36 Id.
37 S. 497.005, F.S.
38 S. 497.459, F.S.
39 Id.
40 Id.
41 Natural Funeral Directors Association, Natural Organic Reduction, https://nfda.org/resources/alternative-
disposition/natural-organic-reduction (last visited Feb. 3, 2026).
42 Return Home, https://returnhome.com/ (last visited Feb. 4, 2026).
43 Id.
44 Id.
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Wait time for disposing of cremated remains
With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 120 days
from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal
establishment may dispose of the cremated remains. 45
Insurable interest contracts
Except for group life or group accident, health, or disability insurance, an insurance policy on an individual’s life
may not be issued unless the individual being insured provides written consent to the policy and its terms at or
before issuance. 46 An exception applies to insurance on the life of a child under age 15, which may be issued
without the child’s written consent if the applicant has an insurable interest in the child or in a person upon whom
the child depends for support. 47
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 15 Y, 0 N, As CS 2/3/2026 Brackett Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE • Amended the definition of “cremation” to include natural organic
COMMITTEE: reduction.
• Defined “natural organic reduction” and “natural organic reduction
facility.”
• Removed provisions that would have limited causes of action arising
out of violations of the Florida Funeral, Cemetery, and Consumer
Services Act.
• Removed a provision that prohibited the issuance of new direct
disposer licenses and new direct disposal establishment licenses after a
specified date.
• Created a licensing framework and application process for natural
organic reduction facilities.
• Explicitly authorized natural organic reduction of human remains and
establishes required procedures governing such reduction of human
remains.
Commerce Committee Hamon Highsmith
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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45 S. 497.607, F.S.
46 S. 627.404, F.S.
47 Id.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1231 2026
1 A bill to be entitled
2 An act relating to final disposition, funeral, and
3 cemetery services; amending s. 497.005, F.S.; revising
4 and providing definitions; amending s. 497.164, F.S.;
5 prohibiting solicitations of sales of final
6 disposition, funeral, and cemetery services by
7 licensees of such services under certain
8 circumstances; amending s. 497.263, F.S.; revising
9 land requirements for proposed cemeteries; amending s.
10 497.270, F.S.; conforming a provision to changes made
11 by the act; amending ss. 497.369 and 497.374, F.S.;
12 specifying educational and testing requirements for
13 licensure as embalmers and funeral directors by
14 endorsement, respectively; amending s. 497.375, F.S.;
15 revising requirements for licensure for funeral
16 director interns; amending s. 497.376, F.S.;
17 specifying educational and testing requirements for
18 licensure as both funeral directors and embalmers by
19 endorsement; amending s. 497.377, F.S.; revising
20 requirements for combination licensure as funeral
21 director and embalmer interns; amending s. 497.386,
22 F.S.; authorizing persons, establishments, and
23 facilities licensed in final disposition, funeral, and
24 cemetery services to dispose of human remains under
25 certain circumstances; amending s. 497.459, F.S.;
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26 revising requirements for notices to purchasers and
27 legally authorized persons of unfulfilled preneed
28 contracts; providing rulemaking authority; creating s.
29 497.6065, F.S.; requiring licensure of natural organic
30 reduction facilities; providing requirements for the
31 application for and approval of licensure; requiring
32 the Department of Financial Services, the Department
33 of Health, and the Department of Environmental
34 Protection to adopt specified rules; providing
35 requirements for licensure of such facilities,
36 including licensure on a probationary basis; providing
37 requirements for the renewal of such licenses and
38 changes to licensure; providing requirements for the
39 supervision of such facilities; requiring the adoption
40 of standards for such facilities by rule; providing
41 requirements for the practice of natural organic
42 reduction and facilities conducting such practice;
43 amending s. 497.607, F.S.; decreasing the waiting time
44 period for funeral and direct disposal establishments
45 to dispose of cremated remains; creating s. 497.6075,
46 F.S.; providing requirements for the performance of
47 natural organic reduction and reduced human remains;
48 authorizing the Board of Funeral, Cemetery, and
49 Consumer Services to adopt and enforce specified rules
50 and regulations; amending s. 627.404, F.S.; excluding
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51 preneed contracts from requirements that insured
52 persons apply for or consent to such contracts and
53 terms; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Subsections (50) through (79) of section
58 497.005, Florida Statutes, are renumbered as subsections (52)
59 through (81), respectively, subsection (22) is amended, and new
60 subsections (50) and (51) are added to that section, to read:
61 497.005 Definitions.—As used in this chapter, the term:
62 (22) "Cremation" means any mechanical or thermal process
63 whereby a dead human body is reduced to ashes and bone
64 fragments. Cremation also includes any other mechanical or
65 thermal process whereby human remains are pulverized, burned,
66 recremated, or otherwise further reduced in size or quantity,
67 including natural organic reduction.
68 (50) "Natural organic reduction" means the contained,
69 accelerated conversion of human remains to soil.
70 (51) "Natural organic reduction facility" means a
71 structure, room, or other space in a building or a real property
72 where natural organic reduction of a human body occurs.
73 Section 2. Subsection (6) is added to section 497.164,
74 Florida Statutes, to read:
75 497.164 Solicitation of goods or services.—
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76 (6) A licensee may not enter into a contract, agreement,
77 or other arrangement whereby the licensee or any licensee's
78 affiliate becomes the exclusive or sole provider of funeral,
79 burial, cremation, refrigeration, embalming, or removal services
80 for an entity that provides medical, palliative, or other end-
81 of-life care and services to the general public.
82 Section 3. Paragraph (g) of subsection (2) of section
83 497.263, Florida Statutes, is amended to read:
84 497.263 Cemetery companies; license required; licensure
85 requirements and procedures.—
86 (2) APPLICATION PROCEDURES.—
87 (g) The proposed cemetery must contain at least 30
88 contiguous acres. Such acreage must be contiguous, except that
89 parcels of land divided solely by a public right-of-way or
90 public road may be considered contiguous for purposes of this
91 paragraph, provided that the parcels are in close proximity and
92 form a unified cemetery property. The application shall state
93 the exact number of acres in the proposed cemetery and shall
94 identify any public rights-of-way or public roads dividing the
95 parcels. Parcels located in separate or distant geographic
96 areas, even if along the same roadway or corridor, do not
97 satisfy the contiguity requirement.
98 Section 4. Subsection (2) of section 497.270, Florida
99 Statutes, is amended to read:
100 497.270 Minimum acreage; sale or disposition of cemetery
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101 lands.—
102 (2) Any lands owned by a licensee and dedicated for use by
103 it as a cemetery, which meet the criteria for cemeteries
104 provided in s. 497.263(2)(g) are in excess of a minimum of 30
105 contiguous acres, may be sold, conveyed, or disposed of by the
106 licensee, after obtaining written approval pursuant to
107 procedures and utilizing forms specified by rule and consistent
108 with subsection (3), for use by the new owner for other purposes
109 than as a cemetery. All of the human remains which have been
110 previously interred therein shall first have been removed from
111 the lands proposed to be sold, conveyed, or disposed of;
112 however, the provisions of ss. 497.152(8)(e) and 497.384 must be
113 complied with prior to any disinterment of human remains. Any
114 and all titles, interests, or burial rights which may have been
115 sold or contracted to be sold in lands which are the subject of
116 the sale shall be conveyed to and revested in the licensee prior
117 to consummation of any such sale, conveyance, or disposition.
118 Section 5. Subsection (4) of section 497.369, Florida
119 Statutes, is amended to read:
120 497.369 Embalmers; licensure as an embalmer by
121 endorsement; licensure of a temporary embalmer.—
122 (4) Each applicant for licensure by endorsement must pass
123 the examination on local, state, and federal laws and rules
124 relating to the disposition of dead human bodies which is
125 required under s. 497.368 and which shall be given by the
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126 licensing authority, except that an applicant for licensure by
127 endorsement under subparagraph (1)(b)1. need not meet any
128 educational or testing requirement other than that required
129 under s. 497.368(2)(a).
130 Section 6. Subsection (4) of section 497.374, Florida
131 Statutes, is amended to read:
132 497.374 Funeral directing; licensure as a funeral director
133 by endorsement; licensure of a temporary funeral director.—
134 (4) Each applicant for licensure by endorsement must pass
135 the examination on local, state, and federal laws and rules
136 relating to the disposition of dead human bodies which is
137 required under s. 497.373 and which shall be given by the
138 licensing authority, except that an applicant for licensure by
139 endorsement under subparagraph (1)(b)1. need not meet any
140 educational or testing requirement other than that required
141 under s. 497.373(2)(b).
142 Section 7. Paragraph (b) of subsection (1) of section
143 497.375, Florida Statutes, is amended to read:
144 497.375 Funeral directing; licensure of a funeral director
145 intern.—
146 (1)
147 (b)1. Except as provided in subparagraph 2., an applicant
148 must hold the educational credentials required for licensure of
149 a funeral director under s. 497.373(1)(d).
150 2. An applicant who has not completed the educational
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151 credentials required for a funeral director license is eligible
152 for licensure as a funeral director intern if the applicant:
153 a. Holds an associate degree or higher in any field from a
154 college or university accredited by a regional accrediting
155 agency recognized by the United States Department of Education.
156 b. Is currently enrolled in and attending a licensing
157 authority-approved course of study in mortuary science or
158 funeral service arts required for licensure of a funeral
159 director under s. 497.373(1)(d)2.
160 c. Has taken and received a passing grade in a college
161 credit course in mortuary law or funeral service law and has
162 taken and received a passing grade in a college credit course in
163 ethics.
164 Section 8. Subsection (3) is added to section 497.376,
165 Florida Statutes, to read:
166 497.376 License as funeral director and embalmer
167 permitted.—
168 (3) An applicant for a combination license as both a
169 funeral director by endorsement under s. 497.374 and embalmer by
170 endorsement under s. 497.369 need not meet any educational or
171 testing requirements other than those required under ss.
172 497.373(2)(b) and 497.368(2)(a).
173 Section 9. Paragraph (a) of subsection (2) of section
174 497.377, Florida Statutes, is amended to read:
175 497.377 Combination funeral director and embalmer
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176 internships.—
177 (2)(a) An applicant who has not completed the educational
178 credentials required for a combination license as both funeral
179 director and embalmer is eligible for licensure as a combination
180 funeral director and embalmer intern if the applicant:
181 1. Is currently enrolled in and attending a college
182 accredited by the American Board of Funeral Service Education
183 (ABFSE) in a course of study in mortuary science accredited by
184 ABFSE; or
185 2. Holds an associate degree or higher in any field from a
186 college or university accredited by a regional accrediting
187 agency recognized by the United States Department of Education.
188 2. Has completed at least 75 percent of the course of
189 study in mortuary science as certified by the college in which
190 the applicant is currently enrolled.
191 3. Has taken and received a passing grade in a college
192 credit course in mortuary law or funeral service law and has
193 taken and received a passing grade in a college credit course in
194 ethics.
195 Section 10. Subsections (6) and (7) of section 497.386,
196 Florida Statutes, are renumbered as subsections (7) and (8),
197 respectively, and a new subsection (6) is added to that section
198 to read:
199 497.386 Storage, preservation, and transportation of human
200 remains.—
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201 (6) If any human remains have been in the lawful
202 possession of a licensee or licensed establishment or facility
203 for at least 90 days and the legally authorized person of the
204 decedent fails, neglects, or refuses to direct the disposition
205 of the human remains, the licensee or licensed establishment or
206 facility having lawful possession of the human remains may
207 dispose of the human remains.
208 Section 11. Subsection (7) of section 497.459, Florida
209 Statutes, is amended to read:
210 497.459 Cancellation of, or default on, preneed contracts;
211 required notice.—
212 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
213 (a) To ensure the performance of unfulfilled preneed
214 contracts, upon the occurrence of the earliest of any of the
215 following events, a preneed licensee shall provide to the
216 purchaser or to the beneficiary's legally authorized person
217 written notice of the preneed licensee's intent to distribute
218 funds in accordance with the terms of the preneed contract, if
219 any obligation of the preneed licensee remains to be fulfilled
220 under the contract:
221 1. Fifty years after the date of execution of the preneed
222 contract by the purchaser.
223 2. The beneficiary of the preneed contract attains the age
224 of 105 years of age or older.
225 3. The social security number of the beneficiary of the
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226 preneed contract, as shown on the contract, is contained within
227 the United States Social Security Administration Death Master
228 File.
229 (b)1. The notice in paragraph (a) must be provided by e-
230 mail, certified mail, registered mail, or permitted delivery
231 service, return receipt requested, to the last known e-mail or
232 mailing address of the purchaser or the beneficiary's legally
233 authorized person, whichever is applicable, as provided to the
234 preneed licensee. If the notice is returned as undeliverable
235 within 30 calendar days after the preneed licensee sent the
236 notice, the trustee shall perform a diligent search and inquiry
237 to obtain a different e-mail address or address for the
238 purchaser or the beneficiary's legally authorized person,
239 whichever is applicable. For purposes of this subparagraph, any
240 address known and used by the purchaser or the beneficiary's
241 legally authorized person, whichever is applicable, for sending
242 regular mailings or other communications from the purchaser or
243 the beneficiary's legally authorized person, whichever is
244 applicable, to the preneed licensee or any address produced
245 through a current address service or searchable database shall
246 be included with other addresses produced from the diligent
247 search and inquiry, if any. If the trustee's diligent search and
248 inquiry produces an address different from the notice address,
249 the trustee shall mail a copy of the notice by certified mail,
250 registered mail, or permitted delivery service, return receipt
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251 requested, to any and all addresses produced as a result of the
252 diligent search and inquiry.
253 2. If the purchaser or the beneficiary's legally
254 authorized person, whichever is applicable, fails to respond to
255 such notice within 120 days after delivery of the last mailed
256 notice under subparagraph 1., the funds held in trust must be
257 distributed in accordance with the terms of the preneed
258 contract, the trust agreement, and any applicable provisions of
259 chapter 717.
260 (c) This subsection does not affect a purchaser's rights
261 to cancel the preneed contract and receive a refund or a preneed
262 licensee's obligations to refund established by this chapter.
263 (d)1. The board may adopt rules to implement this
264 subsection.
265 2. The licensing authority may shall have authority to
266 adopt rules for the review and approval of notice forms used by
267 preneed licensees to provide notice under this subsection.
268 Section 12. Section 497.6065, Florida Statutes, is created
269 to read:
270 497.6065 Natural organic reduction facility; license
271 required.—
272 (1) LICENSE REQUIRED.—A person may not conduct, maintain,
273 manage, or operate a natural organic reduction facility unless a
274 license for such facility has been issued and is in good
275 standing under this section.
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276 (2) APPLICATION PROCEDURES.—
277 (a) A person seeking licensure as a natural organic
278 reduction facility shall apply for such licensure using forms
279 prescribed by rule.
280 (b) The application shall require the name, business
281 address, residence address, date and place of birth or
282 incorporation, and business telephone number of the applicant
283 and all principals of the applicant. The application shall
284 require the applicant's social security number or, if the
285 applicant is an entity, its federal tax identification number.
286 (c) The application shall name the licensed funeral
287 director and national or state certified natural organic
288 reduction operator who will be in charge of the natural organic
289 reduction facility.
290 (d) The application may require information as to the
291 applicant's financial resources.
292 (e) The application may require information as to the
293 educational and employment history of an individual applicant,
294 and as to applicants that are not natural persons, the business
295 and employment history of the applicant and principals of the
296 applicant.
297 (f) The applicant shall be required to make disclosure of
298 the applicant's criminal records, if any, as required by s.
299 497.142.
300 (g) The applicant and its principals shall submit
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301 fingerprints in accordance with s. 497.142.
302 (h) The application shall require the applicant to
303 disclose whether the applicant or any of the applicant's
304 principals, including its proposed supervising licensee, has
305 ever had a license or the authority to practice a profession or
306 occupation refused, suspended, fined, denied, or otherwise acted
307 against or disciplined by the licensing authority of any
308 jurisdiction. A licensing authority's acceptance of a
309 relinquishment of licensure, stipulation, consent order, or
310 other settlement, offered in response to or in anticipation of
311 the filing of charges against the license, shall be construed as
312 action against the license.
313 (i) The application shall require the applicant to
314 demonstrate that the applicant does, or will before commencing
315 operations under the license, comply with all requirements of
316 this chapter relating to the licensure applied for.
317 (j) The application shall be signed in accordance with s.
318 497.141(12).
319 (k) There shall not be any licensure or license renewal
320 fees for natural organic reduction facilities.
321 (3) ACTION CONCERNING APPLICATIONS.—A duly completed
322 application for licensure under this section shall be approved
323 if the licensing authority determines that the following
324 conditions are met:
325 (a) The applicant has been inspected and approved as
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326 meeting all requirements as set forth by the department, the
327 Department of Health, the Department of Environmental
328 Protection, or any local ordinance regulating the facility.
329 (b) The applicant is a natural person at least 18 years of
330 age, a corporation, a partnership, or a limited liability
331 company.
332 (c) The applicant does, or will before commencing
333 operations under the license, comply with all requirements of
334 this chapter relating to the license applied for.
335 (d) The applicant and the applicant's principals are of
336 good character and have no demonstrated history of lack of
337 trustworthiness or integrity in business or professional
338 matters.
339 (4) RULEMAKING.—The department, the Department of Health,
340 and the Department of Environmental Protection shall adopt rules
341 establishing health and environmental inspection standards for
342 natural organic reduction facilities.
343 (5) PROBATIONARY STATUS.—It is the policy of this state to
344 encourage competition for the public benefit in the natural
345 organic reduction facility business by, among other means, the
346 entry of new licensees into that business. To facilitate
347 issuance of licenses concerning applications judged by the
348 licensing authority to be borderline as to qualification for
349 licensure, the licensing authority may issue a new license under
350 this section on a probationary basis, subject to conditions
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351 specified by the licensing authority on a case-by-case basis,
352 which conditions may impose special monitoring, reporting, and
353 restrictions on operations for up to the first 24 months of
354 licensure, to ensure the licensee's responsibleness, competency,
355 financial stability, and compliance with this chapter. However,
356 such a probationary license shall not be issued unless the
357 licensing authority determines that issuance would not pose an
358 unreasonable risk to the public, and the licensing authority
359 must, within 24 months after issuance of the license, either
360 remove the probationary status or determine that the licensee is
361 not qualified for licensure under this chapter and institute
362 proceedings for revocation of licensure.
363 (6) ISSUANCE OF LICENSE.—Upon approval of the application
364 by the licensing authority, the license shall be issued.
365 (7) RENEWAL OF LICENSE.—Licenses under this section shall
366 be renewed annually in accordance with a schedule, forms, and
367 procedures established by rule.
368 (8) CHANGES SUBSEQUENT TO LICENSURE.—Each licensee under
369 this section shall provide notice as required by rule before any
370 change in location, ownership, or control of the licensee or
371 licensed person in charge of the licensee's operations. A change
372 in control is subject to approval by the licensing authority,
373 and to reasonable conditions imposed by the licensing authority,
374 for the protection of the public to ensure compliance with this
375 chapter. Operations by the licensee at a new location may not
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376 commence until an inspection by the licensing authority of the
377 facilities, pursuant to rules of the licensing authority, has
378 been conducted and passed at the new location.
379 (9) SUPERVISION OF FACILITIES.—Each natural organic
380 reduction facility shall have a funeral director in charge for
381 that facility. The funeral director in charge shall be licensed
382 as a funeral director and a nationally certified or state-
383 certified natural organic reduction operator. Such funeral
384 director in charge shall be responsible for ensuring that the
385 facility, its operations, and all persons employed in the
386 facility comply with all applicable state and federal laws and
387 rules. A funeral director in charge, with appropriate, active
388 licenses, may serve as a funeral director in charge for not more
389 than a total of two of the following: funeral establishments,
390 centralized embalming facilities, direct disposal
391 establishments, natural organic reduction facilities, or
392 cinerator facilities, as long as the two locations are not more
393 than 75 miles apart as measured in a straight line.
394 (10) REGULATION OF NATURAL ORGANIC REDUCTION FACILITIES.—
395 (a) There shall be established by rule standards for
396 natural organic reduction facilities, including, but not limited
397 to, requirements for refrigeration and storage of dead human
398 bodies, use of forms and contracts, and record retention.
399 (b) The practice of natural organic reduction must be
400 engaged in at a fixed location of at least 1,250 interior
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401 contiguous square feet and must maintain or make arrangements
402 for suitable capacity for the refrigeration and storage of dead
403 human bodies handled and stored by the establishment.
404 (c) No more than one dead human body may be placed in an
405 organic human reduction container at one time, unless written
406 permission has been received from a legally authorized person
407 for each body.
408 (d) Each natural organic reduction facility shall at all
409 times be subject to the inspection of all its buildings,
410 grounds, records, equipment, and vehicles used in the conduct of
411 its business, by the department, the Department of Environmental
412 Protection, the Department of Health, and local government
413 inspectors and by their agents. Rules shall be adopted which
414 establish such inspection requirements.
415 (e) Each natural organic reduction facility must display
416 at its public entrance the name of the facility and the name of
417 the funeral director in charge of that facility. A natural
418 organic reduction facility must transact its business under the
419 name by which it is licensed.
420 (f) Human remains may be transported in a cremation
421 container or stored if they are completely covered and at all
422 times treated with dignity and respect.
423 (g) Rules shall be adopted which require each facility to
424 submit periodic reports to the department which include the
425 names of persons undergoing natural organic reduction, the date
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426 and county of death, the name of each person supervising each
427 natural organic reduction, the name and license number of the
428 establishment requesting natural organic reduction, the types of
429 containers used to hold the body during the natural organic
430 reduction process, the annual quantity of reduced human remains,
431 and any additional information required by rule.
432 (h) The natural organic reduction facility may not offer
433 its services to the public. The facility may only operate
434 through a funeral establishment.
435 (i) Each natural organic reduction facility shall be
436 inspected before the initial issuance of its license and
437 annually thereafter and shall:
438 1. Be at a specific address or location.
439 2. Be at least 1,250 contiguous square feet of space.
440 3. Have at least one operable organic human reduction
441 container.
442 4. Have at least one operable processing station for
443 grinding of organically reduced remains.
444 5. Place human remains in an operable organic human
445 reduction container within 8 hours after receipt, or maintain
446 refrigeration that satisfies the standards set by the Department
447 of Health and contains sufficient refrigerated space for the
448 average daily number of bodies stored.
449 6. Maintain the premises in a clean and sanitary
450 condition.
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451 Section 13. Paragraph (a) of subsection (3) of section
452 497.607, Florida Statutes, is amended to read:
453 497.607 Cremation; procedure required.—
454 (3)(a) With respect to any person who intends to provide
455 for the cremation of the deceased, if, after a period of 90 120
456 days from the time of cremation the cremated remains have not
457 been claimed, the funeral or direct disposal establishment may
458 dispose of the cremated remains. Such disposal shall include
459 scattering them at sea or placing them in a licensed cemetery
460 scattering garden or pond or in a church columbarium or
461 otherwise disposing of the remains as provided by rule.
462 Section 14. Section 497.6075, Florida Statutes, is created
463 to read:
464 497.6075 Natural organic reduction; procedure required.-
465 (1) At the time of the arrangement for a reduction
466 performed by any person licensed pursuant to this chapter, the
467 legally authorized person contracting for reduction services
468 shall be required to designate her or his intentions with
469 respect to disposition of the reduced remains of the deceased in
470 a signed declaration of intent which shall be provided by and
471 retained by the funeral or direct disposal establishment. A
472 reduction may not be performed until a legally authorized person
473 gives written authorization, which may include the declaration
474 of intent to dispose of the reduction remains, for such natural
475 organic reduction process. The reduction must be initiated
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476 within 48 hours after a specified time which has been agreed to
477 in writing by the person authorizing the reduction. A funeral
478 establishment making arrangements for a reduction shall not be
479 responsible for or take possession of unclaimed reduced remains.
480 (2) Reduced remains are not property, as defined in s.
481 731.201, and are not subject to partition for purposes of
482 distribution under s. 733.814. A division of reduced remains
483 requires the consent of the legally authorized person who
484 approved the reduction or, if the legally authorized person is
485 the decedent, the next legally authorized person pursuant to s.
486 497.005(43). A dispute regarding the division of reduced remains
487 shall be resolved by a court of competent jurisdiction.
488 (3) With respect to any person who intends to provide for
489 the reduction of the deceased, if, after a period of 120 days
490 from the time the reduction is finalized, the reduced remains
491 have not been claimed, the funeral establishment may dispose of
492 the reduced remains. Such disposal shall include placement
493 within a conservation area or otherwise disposing of the remains
494 as provided by rule.
495 (4) The board may adopt and enforce such rules and
496 regulations as may be reasonable and necessary to provide for
497 the sanitary disposal of dead human bodies by natural organic
498 reduction and prevent the spread of disease and to protect the
499 health, safety, and welfare of the people of this state. Such
500 rules and regulations may include required inspections of any
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501 natural organic reduction container by the manufacturer or other
502 authorized repair company once every year to ensure proper
503 operations.
504 (5) Upon completion of the reduction process, the reduced
505 remains shall be pulverized until no single fragment is
506 recognizable as skeletal tissue. Such pulverized remains shall
507 then be transferred to a container or multiple containers, if so
508 requested by the legally authorized person, and delivered to the
509 legally authorized person or otherwise disposed of as set forth
510 herein.
511 Section 15. Subsection (5) of section 627.404, Florida
512 Statutes, is amended to read:
513 627.404 Insurable interest; personal insurance.—
514 (5) A contract of insurance upon a person, other than a
515 preneed contract, a policy of group life insurance, or a policy
516 of group or blanket accident, health, or disability insurance,
517 may not be effectuated unless, on or before the time of entering
518 into such contract, the person insured, having legal capacity to
519 contract, applies for or consents in writing to the contract and
520 its terms, except that any person having an insurable interest
521 in the life of a minor younger than 15 years of age or any
522 person upon whom a minor younger than 15 years of age is
523 dependent for support and maintenance may effectuate a policy of
524 insurance on the minor.
525 Section 16. This act shall take effect July 1, 2026.
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1323 COMPANION BILL: CS/SB 1310 (Rodriguez)
TITLE: Railroad Crossing Safety LINKED BILLS: None
SPONSOR(S): Tuck RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
15 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill directs the Florida Department of Transportation to conduct a statewide study on the potential cost and
feasibility of implementing advanced detection and monitoring technology to increase safety at railroad crossings.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides legislative findings that:
• Improving safety at railroad crossings is critical to protecting the lives of pedestrians, motorists, railway
workers, and the general public.
• Advanced detection and monitoring systems at railroad crossings may provide a reliable means to reduce
collisions and enhance situational awareness.
• Additional analysis is necessary to evaluate the effectiveness, feasibility, and costs of these systems.
(Section 1).
The bill defines an advanced detection and monitoring system as a system capable of detecting and classifying
objects such as pedestrians, vehicles, and obstructions at railroad crossings and their approaches using
technologies such as sensors, high-resolution cameras, and data analytics. (Section 1).
The bill directs the Florida Department of Transportation (FDOT) to conduct a statewide study on the potential use
of advanced detection and monitoring systems at public railroad crossings. The study must include, but is not
limited to, an analysis of:
• Available advanced monitoring technologies applicable to railroad crossings;
• The effectiveness of these technologies in improving safety outcomes based on available data from pilot
programs, deployments in other jurisdictions, or academic research;
• Technical and operational considerations, including compatibility with existing safety systems and
protocols;
• Costs associated with deployment of these systems;
• Criteria for identifying high-risk crossings that may benefit most from these systems;
• Potential funding, including federal funds, state funds, grants, or public-private partnerships;
• Legal, regulatory, and operational considerations related to deployment and oversight of the systems; and
• The respective roles of the state, local governments, and railroad owners in potential implementation of the
systems. (Section 1)
STORAGE NAME: h1323b.COM
DATE: 2/16/2026
1
CS/HB 1323
In conducting the study, FDOT must consult with, as appropriate:
• Railroad owners and industry representatives;
• Local governments with jurisdiction over public railroad crossings;
• Transportation safety experts and academic institutions; and
• Federal agencies or national organizations with expertise in railroad safety.
By December 1, 2026, FDOT must submit a report of its findings and any policy recommendations to the Governor,
President of the Senate, and Speaker of the House of Representatives. The report may include potential policy
options for legislative considerations, but may not recommend mandatory installations, or upgrades, of technology
at railroad crossings. (Section 1).
The bill provides an effective date of July 1, 2026. (Section 2).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Transportation (FDOT)
FDOT’s mission is to provide a safe statewide transportation system that promotes the efficient movement of
people and goods, supports the state’s economic competitiveness, prioritizes Florida’s environment and natural
resources, and preserves the quality of life and connectedness of the state’s communities. 1
Florida Rail Safety Coalition
The Florida Rail Safety Coalition (FRSC) was established by FDOT in 2024 to enhance public rail safety across the
state. FRSC consists of rail industry partners at local, state, and federal levels, including but not limited to subject
matter experts and FDOT team members. 2 Driver and pedestrian behavior was determined to be the most critical
and urgent rail safety issue by FRSC at its formation. 3 In response, FRSC and FDOT have started campaigns such as
the Be Rail Smart initiative, which focuses on accident prevention and educating the public about rail crossing
safety awareness and proper procedure. 4 According to data gathered by FDOT, 88% of Highway-Rail Grade
Crossing accidents between 2013-2022 involved stopping on the crossing, going around gates, not stopping,
stopping then proceeding, or going through gates. 5 A large portion of the Be Rail Smart initiative focuses on
teaching citizens to avoid these preventable behaviors.
AI Analytics & High-Resolution Cameras
The use of artificial intelligence and data analytics in railway safety is creating new possibilities for proactive and
predictive safety management, as opposed to traditional reactive protocols. A Deloitte 2024 study found that AI-
enabled predictive maintenance can reduce accident risks by up to 25% while potentially saving millions in
operational costs annually. 6 AI algorithms can analyze data provided by high-resolution sensors and cameras to
forecast equipment failures before they occur. 7 Analytics models can also help railway managers prioritize safety
investment in high-risk areas and increase response times in comparison to manual oversight alone. 8
1 FDOT, About DOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Jan. 28, 2026).
2 FDOT, Florida Rail Safety Coalition, https://www.fdot.gov/rail/programs/florida-rail-safety-coalition (last visited Jan. 29,
2026).
3 FDOT, Florida Rail Safety Coalition Presentation, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/rail/programs/florida-rail-safety-coalition/frsc-presentation_2024-11-14.pdf?sfvrsn=d9e88546_1 (last visited Jan. 29,
2026).
4 FDOT, Be Rail Smart, https://www.fdot.gov/agencyresources/be-rail-smart/ (last visited Jan. 29, 2026).
5 FDOT, Florida Rail Safety Coalition, https://www.fdot.gov/rail/programs/florida-rail-safety-coalition (last visited Jan. 29,
2026).
6 Railway Academy, How AI and Data Analytics are Redefining Safety in Rail Operations, https://railwayacademy.org/how-ai-
and-data-analytics-are-redefining-safety-in-rail-operations/ (last visited Feb. 2, 2026).
7 Id.
8 Id.
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CS/HB 1323
LiDAR Sensors
LiDAR, which stands for Light Detection and Ranging, is a remote sensing method that uses light in the form of a
pulse laser to measure ranges of the Earth. 9 This information generates precise, three-dimensional information
about the shape of the Earth and its surface characteristics. 10 These sensors are an innovative method of collecting
geospatial data identifying the geographic location and characteristics of natural or manmade features on Earth. 11
This data is tied to specific coordinates such as latitude, longitude, and altitude, allowing for analysis of spatial
patterns, relationships, and trends. 12
Public-private Partnerships
Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities 13 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects. 14 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public.
Responsible public entities (RPEs) 15 may engage in P3 projects aimed at developing an extensive array of public-
use facilities or projects that fulfill a public purpose. Examples of qualifying projects 16 include those for mass
transit, vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such
as courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 15 Y, 0 N, As CS 2/4/2026 Keating Dallas
Subcommittee
THE CHANGES ADOPTED BY THE Removed provisions requiring the implementation of new technologies at
COMMITTEE: railroad crossings and directed FDOT to conduct a study on the potential costs
and effectiveness of these technologies.
Commerce Committee Hamon Dallas
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9 Florida Geographic Information Office, LiDAR Resources, https://www.floridagio.gov/pages/lidar-resources (last visited Jan.
29, 2026).
10 Id.
11 Advanced Navigation, Geospatial Data, https://www.advancednavigation.com/glossary/geospatial-data/ (last visited Jan.
29, 2026).
12 Id.
13 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,
joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
14 S. 255.065(2)(b), F.S.
15 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of
the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
16 “Qualifying project” means a facility or project that serves a public purpose; an improvement, including equipment, of a
building that will be principally used by a public entity or the public at large or that supports a service delivery system in the
public sector; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing
board designates as qualifying projects. S. 255.065(1)(i), F.S.
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CS/HB 1323
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1323 2026
1 A bill to be entitled
2 An act relating to railroad crossing safety; creating
3 s. 351.38, F.S.; providing legislative findings and
4 intent; providing definitions; requiring the
5 Department of Transportation to conduct a statewide
6 study on advanced detection and monitoring systems at
7 railroad crossings; specifying the scope of the study;
8 requiring the department to consult with specified
9 entities; requiring a report to the Governor and
10 Legislature by a specified date; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 351.38, Florida Statutes, is created to
16 read:
17 351.38 Railroad crossing safety technology study.—
18 (1) The Legislature finds that improving safety at
19 railroad crossings is critical to protecting the lives of
20 pedestrians, motorists, railway workers, and the general public.
21 Advanced detection and monitoring systems utilizing technologies
22 such as sensors, high-resolution cameras, and data analytics may
23 provide a reliable means to enhance situational awareness and
24 reduce collisions at railroad crossings. The Legislature further
25 finds that additional analysis is necessary to evaluate the
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26 effectiveness, feasibility, costs, and implementation of such
27 systems. It is the intent of the Legislature to direct the
28 Department of Transportation to study these technologies before
29 considering any statewide requirements for their deployment.
30 (2) As used in this section, the term:
31 (a) "Advanced detection and monitoring system" means a
32 system capable of detecting and classifying objects such as
33 pedestrians, vehicles, or other obstructions at or approaching a
34 railroad crossing using technologies including, but not limited
35 to, sensors, high-resolution cameras, and data analytics.
36 (b) "Public railroad-highway grade crossing" has the same
37 meaning as in s. 335.141(1)(b).
38 (3) The Department of Transportation shall conduct a
39 statewide study on the potential use of advanced detection and
40 monitoring systems at public railroad-highway grade crossings in
41 this state. The study must include, but is not limited to, an
42 analysis of:
43 (a) Available and emerging advanced detection and
44 monitoring technologies applicable to railroad crossings.
45 (b) The effectiveness of such technologies in improving
46 safety outcomes, including collision prevention and hazard
47 mitigation, based on available data from pilot programs,
48 deployments in other jurisdictions, or academic research.
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49 (c) Technical and operational considerations, including
50 interoperability with existing railroad safety systems and
51 operating protocols.
52 (d) Costs associated with the deployment of advanced
53 detection and monitoring systems, including installation,
54 operation, maintenance, and long-term lifecycle costs.
55 (e) Potential funding mechanisms, including federal funds,
56 state funds, grants, or public-private partnerships.
57 (f) Criteria for identifying higher-risk railroad
58 crossings where such technologies may provide the greatest
59 safety benefit.
60 (g) Legal, regulatory, and operational considerations
61 related to the deployment and oversight of advanced detection
62 and monitoring systems.
63 (h) The respective roles of this state, local governments,
64 and railroad owners in the potential implementation of such
65 systems.
66 (4) In conducting the study, the Department of
67 Transportation shall consult with, as appropriate:
68 (a) Railroad owners and railroad industry representatives.
69 (b) Local governments with jurisdiction over public
70 railroad-highway grade crossings.
71 (c) Transportation safety experts and academic
72 institutions.
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73 (d) Federal agencies or national organizations with
74 expertise in railroad safety.
75 (5) By December 1, 2026, the Department of Transportation
76 shall submit a report of its findings and any recommendations to
77 the Governor, the President of the Senate, and the Speaker of
78 the House of Representatives. The report may include potential
79 policy options for legislative consideration but may not
80 recommend mandatory installation or upgrade of railroad
81 crossings.
82 Section 2. This act shall take effect July 1, 2026.
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