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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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Cite this document

“Meeting Packet — Commerce Committee (Florida House of Representatives, February 18, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-18-3285-commerce-committee-meeting-packets-fn-com-2-18-26-4afe57cd42/, SHA-256 e9340af698e25d4887a35168b6065134fa077db285e0f64aacca03f352ec06cb.

Full text

               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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        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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    •   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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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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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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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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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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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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           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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        CS/HB 299                                                                                            2026




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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        CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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         CS/HB 299                                                                                            2026




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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                                                 Bill No. CS/HB 299   (2026)
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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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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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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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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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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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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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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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                                                   Bill No. CS/HB 299   (2026)
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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
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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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                                                   Bill No. CS/HB 299   (2026)
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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).
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                                                                                                                         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
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           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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        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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         HB 431                                                                                               2026




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.
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                                                                                                          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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                                                                                                        CS/HB 803
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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                                                                                                          CS/HB 803
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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                                                                                                          CS/HB 803
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


     -------------------------------------------------------------------------------------------------------------------------------------
   THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
     -------------------------------------------------------------------------------------------------------------------------------------




27 Id.

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           CS/HB 803                                                                                            2026




    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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        CS/HB 803                                                                                            2026




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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        CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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         CS/HB 803                                                                                            2026




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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          CS/HB 803                                                                                            2026




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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          CS/HB 803                                                                                            2026




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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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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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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                                                  Bill No. CS/HB 803   (2026)
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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
       044805 - h0803-strike2.docx
        Published On: 2/17/2026 5:43:33 PM
                                     Page 49 of 50
                                             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.




       044805 - h0803-strike2.docx
        Published On: 2/17/2026 5:43:33 PM
                                     Page 50 of 50
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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                                                                                                            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


    -------------------------------------------------------------------------------------------------------------------------------------
  THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
    -------------------------------------------------------------------------------------------------------------------------------------




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           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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        CS/HB 837                                                                                            2026




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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        CS/HB 837                                                                                            2026




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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         CS/HB 837                                                                                            2026




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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         CS/HB 837                                                                                            2026




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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         CS/HB 837                                                                                            2026




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
     560863 - h0837-line75.docx
      Published On: 2/17/2026 4:27:47 PM
                                    Page 1 of 5
                                           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;




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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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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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                                                                                                          CS/HB 927
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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                                                                                                               CS/HB 927
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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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


     -------------------------------------------------------------------------------------------------------------------------------------
   THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
     -------------------------------------------------------------------------------------------------------------------------------------




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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           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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        CS/HB 927                                                                                            2026




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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        CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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         CS/HB 927                                                                                            2026




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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          CS/HB 927                                                                                            2026




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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          CS/HB 927                                                                                            2026




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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          CS/HB 927                                                                                            2026




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
     491751 - h0927-strike.docx
      Published On: 2/17/2026 2:21:54 PM
                                   Page 1 of 35
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 927   (2026)
       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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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                                                    Bill No. CS/HB 927   (2026)
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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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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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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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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)
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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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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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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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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)




JUMP TO               SUMMARY                   ANALYSIS            RELEVANT INFORMATION             BILL HISTORY
                                                                                                                      2
                                                                                                                       CS/HB 979
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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                                                                                                   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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           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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        CS/HB 979                                                                                            2026




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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         CS/HB 979                                                                                            2026




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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                                                                                                          hb979-01-c1
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.


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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.

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                                                                                                       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.

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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.

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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.

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           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.




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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.


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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
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                                                                                                           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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45 S. 497.607, F.S.
46 S. 627.404, F.S.
47 Id.

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           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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        CS/HB 1231                                                                                           2026




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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        CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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         CS/HB 1231                                                                                           2026




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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CS/HB 1323
                                    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.


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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
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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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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


     -------------------------------------------------------------------------------------------------------------------------------------


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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           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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        CS/HB 1323                                                                                           2026




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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        CS/HB 1323                                                                                           2026




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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        CS/HB 1323                                                                                           2026




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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