SB 1138 — Qualified Contractors

requiring a local government to reduce any application fee by a certain amount if the applicant uses a qualified contractor for preapplication review;

specifying requirements for such fee reduction;

requiring fees to be reasonably related to certain actual costs;

requiring a development services office to provide a qualified contractor conducting a preapplication review with access to certain resources;

providing construction;

requiring a local government to conduct a preapplication review within specified timeframes if the applicant does not use a qualified contractor;

authorizing an applicant to use a qualified contractor from the registry, at the expense of the local government, if the local government fails to process Page 2 of 30 CODING:

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Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 the application in the required time under certain conditions;

providing for the automatic acceptance of certain applications;

authorizing a qualified contractor to conduct preapplication reviews only of applications relating to the disciplines covered by the qualified contractor’s licensure;

prohibiting a qualified contractor from conducting a preapplication review under certain circumstances;

requiring a qualified contractor to determine if an application is in compliance with specified regulations;

requiring a qualified contractor to work with the applicant to resolve deficiencies;

requiring a qualified contractor to prepare an affidavit for the preapplication review upon making a certain determination;

specifying requirements for such affidavit;

requiring the development services office to make a certain determination on the application upon receipt of such affidavit;

requiring the development services office to take certain actions upon its determination;

providing that an application determined to be administratively complete does not constitute substantive approval of the permit;

providing construction;

prohibiting the development services office from conducting duplicative review of the permit subject to preapplication review;

specifying the purpose of the development services office’s review;

prohibiting the development services office from re-reviewing materials subject to preapplication review;

providing that Page 3 of 30 CODING:

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Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 inconsistent local provisions are preempted, void, and unenforceable;

providing thatdisciplinary specifiedguidelines; requirements relating to the use of qualified contractors or qualified contractor firms to perform development preapplication consultation services do not apply to certain property identified within a permit application;

providingauthorizing applicability;a local government to audit the work of qualified contractors;

specifying requirements for such auditing procedures;

amendingauthorizing sspecified .177.071,entities F.S.;to provide preapplication reviews for public works projects;

authorizing a governingcivil bodyaction; to use a specified registry to supplement local government staff resources;

prohibitingauthorizing a local government from creating, establishing, or applying any additional local procedure or condition for the administrativeaward approval of aattorney platfees orand replatcosts; which is inconsistent with specified provisions;

authorizingdefining the administrativeterm authority“prevailing toparty”; receive and act upon certain financial assurances;

providingprohibiting requirementsthe foraward aof localattorney government’sfees, acceptancecosts, ofor certaindamages financialunder assurances;certain circumstances;

177.071, F.S.;

prohibiting local governments from creating, establishing, or applying specified additional regulations for the approval of a final plat;

requiring a local government to designate a certain administrative authority to take certain actions relating to the approval of infrastructure assurances;

requiring a local government to accept certain forms of surety instruments;

providing requirements for local government review of such surety instruments;

amending s.

requiring the governing body of certain local governments and counties to include certainmulti-phased developments in a program that expedites the process for issuing building permits for planned unit developments or phases of a community or subdivision;

specifying automatic actions in the event that the local government fails to adopt, update, or modify a certain Page 34 of 3530 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 government fails to adopt, update, or modify a certain program by a specified date;

defining the term “conflict of interest”;

requiring a governing body to create a two-step application process for stabilized access to roads that can support emergency vehicles;

authorizingincreasing athe governingnumber bodyof to use the qualified contractorcontractors registryon establisheda pursuantspecified toregistry; this act to supplement staff resources;

deletingauthorizing provisionsan prohibitingapplicant theto useretain of a private provider or qualified contractor withto process, review, and expedite an application for a conflictpreliminary ofplat interest;or related plans under certain circumstances;

defining the term “conflict of interest”;

requiring an applicant to replace a qualified contractor or private provider if a conflict of interest is discovered;

prohibiting a governing body from restricting an applicant’s use of a private provider or qualified contractor;

requiring the governing body to accept, process, and act upon the such private provider’s or qualified contractor’s reviews, approvals, recommendations, or certifications under certain circumstances and in a specified manner;

authorizing a governing body to take certain actions;

prohibiting a governing body from imposing certain requirements;

requiring an applicant to be responsible for certain fees and costs;

voiding and preempting conflicting provisions;

prohibiting a local government from conditioning, delaying, withholding, or denying thePage issuance5 of certain30 permitsCODING: under certain circumstances;

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Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 the issuance of certain permits under certain circumstances;

authorizing a local government to waive a certain bondbonding requirementrequirements under certain circumstances;

Section 125.022,163.3169, Florida Statutes, is amendedcreated to read:

125.022163.3169 DevelopmentUsing permitsqualified contractors in development order preapplication review.— (1) LEGISLATIVE FINDINGS.— (a) The Legislature recognizes the need for continued growth throughout the state, and orders;the need for an efficient permitting process to accommodate such growth, while balancing the role of local governments in community planning.

(b) The Legislature further recognizes that numerous local governments implement innovative planning and development Pagestrategies 4by using the private sector to supplement the needs of 35government CODING:and to keep pace with increasing populations, unmet demands for housing, and continuing budget constraints.

To continue meeting future growth demands, all local governments shall use all available resources to ensure that private property owners seeking to build or develop the next generation of this state’s housing supply are not burdened by limited local government workforces and can by right use a qualified Page 6 of 30 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 preapplicationcontractor consultingfrom servicesthe programprivate required.—sector (1)(a)to Byresponsibly Januaryreview 1,applications 2027,as eachsubmitted county with a population of 75,000 or greater shall create and implementauthorized aunder programthis forsection. the purpose of making available development preapplication consultation services at an applicant’s request.

This(2) subsectionDEFINITIONS.—As mayused notin bethis construedsection, to affect or require the modificationterm: of a county program that makes available the same or substantially similar development preapplication consulting services to an applicant for a development permit or development order, including a program that requires mandatory preapplication meetings for specified types of developments, if such county program exists on or before July 1, 2026.

1.(a) “Applicant” means a person or legal entity having a legal or equitable ownership interest in real property, or an authorized agent acting on behalf of such person or entity, that applies for a land development approval from the local government pursuant to this section.

The(b) preapplication“Application” consultationmeans servicesa authorizedproperly incompleted thisand subsectionsubmitted arerequest limitedfor toa thosepermit applicationsas fordefined permitsherein, on behalf of an applicant, which includes an affidavit from a qualified contractor as definedrequired inby s.this section.

163.3169.

2.

The county may use a qualified contractor or a qualified contractor firm as defined in s.

163.3169 to fulfill the preapplication consultation services required in this subsection.

(b) A development preapplication consultation services program must, at minimum, provide all of the following:

1.

The minimum information that must be submitted in an application for a permit as defined in s.

163.3169.

2.

The review and precertification of completeness of the application and all related documents, including site engineering plans or site plans or their functional equivalent, or plats, and their compliance with all relevant existing land development regulations.

(c) If an applicant chooses to use the development Page 5 of 35 CODING:

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 preapplication consultation services program, the county, upon receipt of the proposed development application, shall confirm receipt, verify completeness, and issue a written notification to the applicant indicating that all required information has been submitted, or specify in writing with particularity any deficiencies in the application, within 5 business days.

If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information.

If the county fails to issue the written notification within 5 business days, the application is deemed complete by operation of law without conditions, and the county must process the application as required in paragraph (d).

(d)1.

Upon receipt of the applicant’s completed application, the county must process the application for final action and must approve, approve with conditions, or deny the application within 45 days after submission of a complete application, except the county may not review again those plans specified in subparagraph (b)2.

2.

If the county fails to take final action to approve, approve with conditions, or deny the application within 45 days, the applicant shall notify the county in writing.

If the county fails to respond within 10 days, the application is deemed approved by operation of law without conditions, and the applicant is entitled to proceed with the proposed activity or development as though the county had granted unconditional approval.

Approval pursuant to this subparagraph may not be construed to relieve the applicant of the obligation to comply with all other applicable federal, state, and local laws, regulations, and ordinances.

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 (2) If an applicant for a development permit or development order is not eligible, does not request, or elects not to use the county’s development preapplication consulting services program pursuant to subsection (1), all of the following requirements shall apply:

(a)(1) A county shall specify in writing the minimum information that must be submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance.

A county shall make the minimum information available for inspection and copying at the location where the county receives applications for development permits and orders, provide the information to the applicant at a preapplication meeting, or post the information on the county’s website.

(b)1.(2) Within 5 business days after receiving an application for approval of a development permit or development order, a county shall confirm receipt of the application using contact information provided by the applicant.

Within 30 days after receiving an application for approval of a development permit or development order, a county must review the application for completeness and issue a written notification to the applicant indicating that all required information is submitted or specify in writing with particularity any areas that are deficient.

If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information.

2.

For applications that do not require final action through a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or deny the application Page 7 of 35 CODING:

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 for a development permit or development order within 120 days after the county has deemed the application complete.

3.

For applications that require final action through a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or deny the application for a development permit or development order within 180 days after the county has deemed the application complete.

4.

Both parties may agree in writing or in a public meeting or hearing to an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the county’s decision.

The timeframes contained in this paragraph subsection do not apply in an area of critical state concern, as designated in s.

380.0552.

The timeframes contained in this paragraph subsection restart if an applicant makes a substantive change to the application.

As used in this paragraph subsection, the term “substantive change” means an applicant-initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.

(c)1.(3)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s.

403.0877, a county may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing.

2.(b) If a county makes a request for additional information and the applicant submits the required additional Page 8 of 35 CODING:

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 information within 30 days after receiving the request, the county must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information.

3.(c) If a county makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the county must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information.

4.(d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues.

If a county makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the county must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the county’s limitation in writing as described in subparagraph 1.

paragraph (a).

5.(e) Except as provided in subsection (4) subsection (7), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the county, at the applicant’s request, shall proceed to process the application for approval or denial.

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 (d)(4) A county must issue a refund to an applicant equal to:

1.(a) Ten percent of the application fee if the county fails to issue written notification of completeness or written specification of areas of deficiency within 30 days after receiving the application.

2.(b) Ten percent of the application fee if the county fails to issue a written notification of completeness or written specification of areas of deficiency within 30 days after receiving the additional information pursuant to subparagraph (c)2.

paragraph (3)(b).

3.(c) Twenty percent of the application fee if the county fails to issue a written notification of completeness or written specification of areas of deficiency within 10 days after receiving the additional information pursuant to subparagraph (c)3.

paragraph (3)(c).

4.(d) Fifty percent of the application fee if the county fails to approve, approves with conditions, or denies the application within 30 days after conclusion of the 120-day timeframe specified in subparagraph (b)2.

or the 180-day timeframe specified in subparagraph (b)3.

subsection (2).

5.(e) One hundred percent of the application fee if the county fails to approve, approves with conditions, or denies an application 31 days or more after conclusion of the 120-day timeframe specified in subparagraph (b)2.

or the 180-day timeframe specified in subparagraph (b)3.

subsection (2).

A county is not required to issue a refund if the applicant and the county agree to an extension of time, the delay is caused by Page 10 of 35 CODING:

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 the applicant, or the delay is attributable to a force majeure or other extraordinary circumstance.

(e)(5) When a county denies an application for a development permit or development order, the county shall give written notice to the applicant.

The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order.

(3)(6) As used in this section, the terms “development permit” and “development order” have the same meaning as in s.

163.3164, but do not include building permits.

(4)(7) For any development permit application filed with the county after July 1, 2012, a county may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the county action on the local development permit.

(5)(8) Issuance of a development permit or development order by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.

A county shall attach such a disclaimer to the issuance of a development permit and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the Page 11 of 35 CODING:

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Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 development.

(6)(9) This section does not prohibit a county from providing information to an applicant regarding what other state or federal permits may apply.

Section 2.

Section 163.3169, Florida Statutes, is created to read:

163.3169 Using qualified contractors in development order preapplication review.— (1) DEFINITIONS.—As used in this section, the term:

(a) “Applicant” means a person or legal entity having a legal or equitable ownership interest in real property, or an authorized agent acting on behalf of such person or entity, which applies for a land development approval from the local government pursuant to this section.

(b) “Application” means a properly completed and submitted request for a permit, as defined herein, on behalf of an applicant which includes an affidavit from a qualified contractor as required by this section.

(c) “Conflict“Audit” ofmeans interest”a haslimited, post-submittal verification process conducted solely to confirm that a qualified contractor’s preapplication review supports the samefindings meaningin asthe required affidavit, demonstrate that the review was performed in s.accordance with the normal and customary professional practices for the applicable discipline, and ensure that the affidavit’s findings are supported by the application.

112.312 and includes conflicts of interest recognized under applicable licensing or certification standards applicable to the qualified contractor.

This office may be substantively identical to or housed within the local Pagegovernment’s 12planning ofand 35zoning CODING:department.

(e) “Development services official” means the individual in the development services office of the governing jurisdiction Page 7 of 30 CODING:

Florida Senate - 2026 CS for CSSB 1138 590-02691-26 20261138c1 who is responsible for SBthe 1138direct 595-03176-26regulatory 20261138c2administration government’sor planningsupervision of the review and zoningapproval department.process required to indicate compliance with applicable land development regulations.

(e) “Development services official” means the individual in the development services office of the governing jurisdiction who is responsible for the direct regulatory administration or supervision of the review and approval process required to indicate compliance with applicable land development regulations.

A county that has 75,00025,000 or more residents, but does not include a county subject to s.

or 2.

A municipality that has 10,000 or more residents.residents;

(j) “Permit” means an authorization, approval, or grant3. by a local governing body which authorizes the development of land for any site plan or development plan approval, or any subdivision approval, as defined in this section.

(k)An “Plans”independent hasdistrict thecreated samepursuant meaningto aschapter in189 s.or chapter 190 with authority over land development regulations.

177.073.(j) “Permit” means an authorization, approval, or grant by a local governing body or development services office that authorizes the development of land as set forth therein for any subdivision approval, plat approval, or site plan approval.

(l)For “Platthe orpurposes replat”of hasthis section, a permit does not include the samereview meaningand approval of discretionary land use decisions, such as inrezonings, s.variances, special exceptions, conditional uses, comprehensive plan amendments, or any other quasi-judicial land use approval requiring a public hearing or findings supported by Page 8 of 30 CODING:

177.031(14).

(m) “Preapplication review” means the analysis of a permit Page 13 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 conductedcompetent bysubstantial aevidence. qualified contractor to ensure compliance with a comprehensive plan, chapter 177, and applicable land development regulations, and which is part of the application as authorized under this section.

(n)(k) “Preliminary“Plans” plat”means hassite theengineering sameplans meaningor assite inplans, 177.073.or their functional equivalent, submitted by an applicant to a qualified contractor or duly authorized representative for review.

(o)(l) “Qualified“Preapplication contractor”review” means the individualanalysis orof firma thatpermit hasconducted demonstratedby knowledgea ofqualified andcontractor experienceto ensure compliance with thea typescomprehensive ofplan, permitschapter or177, and applicable land development approvalsregulations, specifiedand inwhich is part of the application as authorized under this section.

(m) “Preliminary plat” means a map or delineated representation of the subdivision of lands which is a complete and exact representation of the residential subdivision or planned community and contains any additional information needed to comply with the requirements of chapter 177.

(n) “Qualified contractor” means the individual or firm contracted with a development services office or local government to conduct a preapplication review, and who is included in the registry as required by this section.

A planner certified by the American Institute of CertifiedPage Planners9 with at least 5 years of relevant30 governmentCODING: experience or at least 10 years of experience as an urban planner if not certified.

(p) “Qualified contractor firm” means a business organization, including a corporation, partnership, business trust, or other legal entity, which offers services under this section to the public through licensees who act as agents, employees, officers, or partners of the firm.

A person who is licensed as an engineer under chapter 471;

a surveyor or mapper licensed under chapter 472;

an architect licensed under part I of chapter 481;

a landscape architect licensed under part II of Page 14 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 chapterCertified 481;Planners.

or6. who is certified by the American Institute of Certified Planners with at least 5 years of relevant government experience, or at least 10 years of relevant experience as an urban planner if not certified, may act as a qualified contractor for an agent, employee, or officer of the qualified contractor firm.

(q)A “Site plan or development plan approval” means a site development proposal, or its functional equivalent, including a modification to an existing development approval, which is expressly designated by the local government employee, for administrative review and approval by local government staff or a designated administrative official, without the requirementlimited purposes of approvalcompliance bywith ansubsection appointed(4)(c). review board or a governing body and which does not materially increase density, intensity, traffic, infrastructure demand, environmental impacts, or significant offsite impacts, and therefore does not require full site plan review or discretionary policy review.

The(o) term“Single-trade includesreview” approvalsmeans orany permitsreview governedfocused byon objective,a nondiscretionarysingle standardscomponent thatof are designated by the local government for administrative approval by local government staff or an administrativeapplication, officialsuch andas whichengineering, alsosurveying, includes,planning, but is not limited to approvals or permitsarchitecture. related to trees, signs, landscaping, and minor modifications.

(r)(3) “SubdivisionREQUIREMENTS.— approval”(a) orBy itsJanuary functional1, equivalent,2027, includingthe agoverning modification,body meansof ana administrativelocal reviewgovernment processshall applicablecreate toa theprogram divisionby ofwhich land into a limiteddevelopment numberservices ofoffice lotsshall whichauthorize doesan notapplicant createto newuse publica streetsqualified orcontractor requireto significantconduct publica infrastructurepreapplication improvementsreview andof doesany notpermits materiallysubmitted increasein developmentan impacts.application.

The termgoverning appliesbody onlyshall establish the processes by which an applicant may submit an application to approvalsthe Pagelocal 15government, offollowing 35a CODING:preapplication review conducted by a qualified contractor.

WordsThe strickenprogram aremust deletions;specify, at a minimum, all of the following:

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 expressly designated by the local government for administrative review and approval by local government staff or a designated administrator without the requirement of approval by an appointed review board or a governing body.

A subdivision qualifies under this definition if it involves a number of lots as specified by the local government, complies with all applicable zoning, dimensional, access utility, and environmental standards, and can be served by existing public facilities or approved private systems, allowing the subdivision to be reviewed for compliance with objective standards of land development code and approved by local government staff or a designated administrative official without requiring discretionary policy determinations.

(2) REGISTRY.— (a) By January 1, 2027, a local government shall establish a registry of at least four qualified contractors or two qualified contractor firms which the governing body shall use to supplement the local government’s staff resources in ways determined by the governing body upon the written request by an applicant for fulfilling:

The preapplicationmanner consultationin which the development services foroffice permitsenters underinto s.a contract with a qualified contractor.

125.022(1) and s.

166.033(1);

TheMinimum requirements for selection as a qualified contractor for the program, including verification of s.current licensure or certification status and review of any adverse actions, discipline, or restrictions imposed by the applicable professional licensing board.

177.073A local government may consider or require as criteria for processingselection andor expeditingqualification thea reviewminimum of an5 applicationyears of experience for aqualified preliminarycontractors, platbut may not consider or require for selection or qualification geographic location or any plansprior relatedor toexisting suchwork application;for or with the local government.

or 3.

The requirementsminimum and maximum hourly rates that a qualified Page 10 of s.30 CODING:

177.071 requiring the administrative approval of a plat or replat.

(b) A qualified contractor or a qualified contractor firm on the registry which is hired pursuant to this section may not Page 16 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 havecontractor amay conflictcharge an applicant, comparable to market averages, as part of interest.the application fee.

If4. a prohibitive conflict of interest exists, the applicant may use an otherwise qualified contractor.

(c)Other Anecessary localand governmentindispensable mayprocedural enterrequirements intoto animplement agreementthis withsection, anothersuch localas government for the purpose of using public employees who meet the requirements forrelating a qualified contractor to satisfyintake, thepayment, minimumrecordkeeping, numericaland requirementsnotice forprocesses. qualified contractors for the registry.

(b) Additional requirements may not conflict with or impair the intent of this section;

may not add to, modify, limit, or condition the rights, duties, standards, scope, qualifications, or effects established by this section;

and may not impose any substantive review criteria, terms, or conditions on applicants or qualified contractors.

(c) The program must require a local government to deem an application that meets the requirements of this section administratively complete for purposes of acceptance and processing.

(d) The program may not impose additional terms, conditions, or duplicative review processes with respect to the preapplication review for an application that meets the requirements of this section.

However, the program may allow for the review of ownership authorizations for the development of the property.

(e) This section may not be construed to waive, limit, or otherwise affect any requirement of the Consultants’ Competitive Negotiation Act pursuant to s.

287.055 or a local government’s duly adopted procurement process.

(4) REGISTRY.— (a) The development services office of a local government shall establish a registry of at least six qualified Page 11 of 30 CODING:

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Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 contractors.

If the minimum requirements for the qualified contractor specified in subparagraph (3)(a)2.

are met, the development services office may add a qualified contractor to the registry upon such entity’s request to be added to the registry.

(b) If, after making reasonable efforts, less than six qualified contractors are available to be added to the registry, or if less than three qualified contractors are available for local governments serving populations of less than 10,000, the development services office must register any willing and available qualified contractor that meets the requirements of subparagraph (3)(a)2.

(c) The local government may enter into an agreement with another local government for the purpose of using public employees who meet the requirements for a qualified contractor to complete the preapplication review.

(d) IfA a local government failsshall toadopt establishand oruse maintainstandard thecontract registry,terms anand applicantconditions may,for atagreements itswith sole discretion, retain a qualified contractorcontractors orwhich aare qualifiedsubstantially contractorsimilar firmin ofform theand applicant’ssubstance choosing to provide preapplication consultation services, provided that the selectedlocal qualifiedgovernment’s contractorstandard orprofessional qualifiedservices contractoragreements firmused doesfor notmaterially havesimilar aengagements conflictwith ofprivate interest.sector providers.

IfA alocal conflictgovernment ofmay interestnot isdraft identifiedor afterapply selection,contractual theterms applicantthat mustimpose promptlyobligations replaceon the qualified contractorcontractors orwhich qualifiedfrustrate, contractorimpair, firmor withdefeat onethe thatlegislative hasintent no conflict of interest.this section.

(e)(5) TheSELECTION localOF governmentA mayQUALIFIED notCONTRACTOR condition,OF deny,APPLICANT’S orCHOICE.— delay(a) theIf applicant’sany selection or use of suchthe qualifiedfollowing contractorconditions orexists, qualifiedan contractor firm, and the applicant isPage responsible12 forof all30 feesCODING: and costs associated with the qualified contractor or qualified contractor firm used in this manner.

(f) If an applicant uses a qualified contractor or a qualified contractor firm for such purpose, the local government must provide access to public records and information reasonably necessary to perform preapplication consultation services.

This paragraph does not authorize the disclosure of records that are Page 17 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 confidentialwho orelects exemptto fromparticipate publicin inspectionthe orprogram copyingmust underhave chapterthe 119unconditional orright anyto otheruse applicablea law,qualified andcontractor accessof tohis suchor recordsher ischoice, providedas onlylong toas the extentqualified permittedcontractor bysatisfies law.the minimum requirements in subparagraph (3)(a)2., for preapplication review:

This paragraph may not be construed to require a local government to violate the licensing terms of proprietary software or related vendor agreements.

(3) APPLICABILITY;

HISTORIC PRESERVATION.— (a) This section does not apply to an application for a permit if the property that is the subject of the application is:

IndividuallyThe listedgoverning inbody theof Nationala Registerlocal ofgovernment Historicfails Placesto orcreate isthe aprogram contributingpursuant propertyto withinsubsection a(3) Nationalbefore Register-January listed1, historic2027. district;

DesignatedThe asdevelopment aservices localoffice historic landmark, historic resource, or part of athe locallylocal designatedgovernment historicfails districtto undercreate athe dulyregistry adoptedas localrequired historicpursuant preservationto ordinance;subsection (4).

or 3.

SubjectThe toregistry bindingcreated historicpursuant preservationto reviewsubsection or(4) approvaldoes undernot federal,consist state,of orthe localrequisite law,number includingof reviewqualified bycontractors aand the local historicgovernment preservationhas boardnot orcomplied commission.with the requirements of paragraph (4)(b).

(b) IfThe anlocal applicationgovernment encompassesmay multiplenot parcelscondition, deny, delay, or improvements,otherwise thiscontest subsectionthe appliesapplicant’s onlyselection toor use of the portionqualified ofcontractor, except upon a written determination supported on specific, articulable facts stating that the applicationqualified contractor does not meet the requirements of this section, or that relatesthe toqualified propertycontractor describedhas ina paragraphconflict (a).of interest with the applicant, as defined in s.

This112.312, subsectionor mayunder notany bestricter construedconflict to prohibit the use of ainterest qualifiedstandards contractorapplicable forto the portionsqualified ofcontractor’s anprofessional applicationlicense thator docertification. not involve the property listed in paragraph (a).

Section(6) 3.PAYMENT, FEES, AND PREAPPLICATION REVIEW.— (a) The applicant shall have sole discretion to choose a qualified contractor from the established registry under subsection (4) to conduct a preapplication review of a permit.

SectionThe 166.033,applicant Floridamay Statutes,not ispay amendedthe toqualified read:contractor directly.

166.033Such Developmentpayment permitsmust andbe orders;made to the local government with the Page 13 of 30 CODING:

development preapplication consulting services program required.— Page 18 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 (1)(a)initial Bysubmission January 1, 2027, each municipality with a population of 10,000 or greater shall create and implement a program for the purposeapplication. of making available development preapplication consultation services at an applicant’s request.

ThisThe subsectionlocal maygovernment notmust beensure construed to affect or require the modificationqualified ofcontractor ais municipalpaid programin thatcompliance makeswith available the sameLocal orGovernment substantiallyPrompt similarPayment developmentAct preapplicationunder consultingpart servicesVII to an applicant for a development permit or development order, including a program that requires mandatory preapplication meetings for specified types of developments,chapter if218. such municipal program exists on or before July 1, 2026.

1.(b) If an applicant uses a qualified contractor for the purposes of conducting a preapplication review, the local government must reduce any application fee by the amount of cost savings realized by the development services office for not having to perform such services.

TheSuch preapplicationreduction consultationmay servicesbe authorizedcalculated inon thisa subsectionflat arefee limitedor topercentage thosebasis, applicationsor forany permitsother asreasonable definedmeans inby s.which a development services office assesses the cost for its application review.

163.3169.The reduction in the application fee does not relieve the applicant of responsibility for payment of the qualified contractor’s fees as required in paragraph (a).

2.Any application or administrative fee imposed under this section must be reasonably related to the actual cost incurred by the local government in administering the application and processing.

The(c) municipalityIf mayan useapplicant uses a qualified contractor orto conduct a preapplication review, the development services office must provide the qualified contractor firmwith asaccess definedto inthe s.public records and information reasonably necessary to perform the preapplication review.

163.3169This toparagraph fulfilldoes not authorize the preapplicationdisclosure consultationof servicesrecords requiredthat inare thisconfidential subsection.or exempt from public inspection or copying under chapter 119 or any other applicable law, and access to such records is provided only to the extent permitted by law.

(b)This Aparagraph developmentmay preapplicationnot consultationbe servicesconstrued programto must,require ata minimum,local providegovernment allto ofviolate the following:licensing terms of proprietary software or related vendor agreements.

1.Page 14 of 30 CODING:

The minimum information that must be submitted in an application for a permit as defined in s.

163.3169.

2.

The review and precertification of completeness of the application and all related documents, including site engineering plans or site plans or their functional equivalent, or plats, and their compliance with all relevant existing land development regulations.

(c) If an applicant chooses to use the development preapplication consultation services program, the municipality, Page 19 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 upon(d)1. receipt of the proposed development application, shall confirm receipt, verify completeness, and issue a written notification to the applicant indicating that all required information has been submitted, or specify in writing with particularity any deficiencies within 5 business days.

If thean applicationapplicant isdoes deficient,not theuse applicanta hasqualified 30contractor dayspursuant to addressthis section, the deficiencieslocal bygovernment submittingmust conduct any requested preapplication review within the requiredapplicable information.timeframes under ss.

If125.022 theand municipality166.033, fails to issue the writtenextent notificationthose withinsections 5apply businessto days, the applicationtype is deemed complete by operation of lawpreapplication withoutreview conditions,requested. and the municipality must process the application as required in paragraph (d).

(d)1.If the local government fails to process the application within the required timeframes, the applicant may use a qualified contractor from the registry at the sole expense of the local government if all of the following conditions are met:

Upona. receipt of the applicant’s completed application, the municipality must process the application for final action and must approve, approve with conditions, or deny the application within 45 days after submission of a complete application, except the municipality may not review again those plans specified in subparagraph (b)2.

The local government fails to establish such registry pursuant to subsection (4);

and b.

The qualified contractor does not have a conflict of interest in reviewing the permits, plans, or plats, including final and preliminary, subject to the preapplication review and otherwise meets the requirements of this section.

If the municipalityapplicant failsuses toa takequalified finalcontractor actionfor preapplication review pursuant to approve,this approveparagraph, withsuch conditions,application ormust denybe theaccepted applicationautomatically withinwhen the 45local days,government thereceives applicantan shallaffidavit notifyfrom the municipalityqualified incontractor, writing.and subsection (10) does not apply.

If(7) theRESTRICTIONS municipalityON failsPREAPPLICATION toREVIEW.—A respondqualified withincontractor 10may days,conduct thepreapplication applicationreview isonly deemedfor approvedapplications byrelating operationto ofthe lawdisciplines withoutcovered conditions,by andsuch thequalified applicantcontractor’s islicensure entitledor tocertification proceedgranted withpursuant theto proposedchapter activity471, chapter 472, or developmentchapter 481, or as thoughcertified by the municipalityAmerican hadInstitute grantedof unconditionalCertified approval.Planners, including single-trade review.

ApprovalA pursuantqualified tocontractor this subparagraph may not beconduct construeda topreapplication relievereview thepursuant applicantto ofthis section if the obligationqualified tocontractor complyis withused allby otherthe applicableapplicant federal,for state,the andsame localPage laws,15 regulations,of and30 ordinances.CODING:

(2) If an applicant for a development permit or development Page 20 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 orderproject that is notthe eligible,subject doesof notthe request,application, or electshas nota toconflict useof theinterest municipality’s development preapplication consulting services program pursuant to subsections. (1), all of the following requirements shall apply:

(a)(1)112.312. A municipality shall specify in writing the minimum information that must be submitted for an application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or variance.

A(8) municipalityAFFIDAVIT shallREQUIREMENTS.— make(a) theA minimumqualified informationcontractor availableperforming fora inspectionpreapplication andreview copyingmust atdetermine thewhether location where the municipalityapplication receivesis applicationsin forcompliance developmentwith permitsall andapplicable orders,land providedevelopment theregulations, informationcomprehensive toplan theregulations, applicantordinances, atand acodes preapplicationof meeting, or post the informationgoverning onjurisdiction. the municipality’s website.

(b)1.(2)The Withinqualified 5contractor business days after receiving an application for approval of a development permit or development order, a municipality shall confirmwork receiptdirectly ofwith the applicationapplicant usingto contactresolve informationany provideddeficiencies. by the applicant.

WithinUpon 30making daysthe afterdetermination receivingthat anthe application forcomplies approvalwith ofall arelevant land development permitregulations, orcomprehensive developmentplan order,regulations, aordinances, municipalityand mustcodes, review the applicationqualified forcontractor completenessshall andprepare issuean aaffidavit writtencertifying notificationthat to the applicantfollowing indicating that all required information is submittedtrue orand specifycorrect into writingthe withbest particularityof anythe areasqualified thatcontractor’s areknowledge deficient.and belief:

If1. the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information.

The preapplication review was conducted by the affiant, who is duly authorized to perform a preapplication review pursuant to this section and holds the appropriate license or certificate.

ForThe applicationspermits, thatplans, door notplats, requireincluding final actionand throughpreliminary, areviewed quasi-judicialin hearing or a public hearing, the municipalityapplication mustcomply approve, approve with conditions,all orapplicable denyland the application for a development permitregulations, orcomprehensive developmentplan orderregulations, withinordinances, Pageand 21codes. of 35 CODING:

(b) Such affidavit must bear a written or electronic signature and must be submitted electronically to the development services office.

(9) AUTHORIZATION AND APPROVAL.— (a) Upon receipt of an application accompanied by an affidavit of the qualified contractor pursuant to subsection Page 16 of 30 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 120(8), daysthe afterdevelopment theservices municipalityoffice hasmust deemedreview and accept the application complete.as administratively complete or reject such application as administratively incomplete.

3.(b) Upon a finding that the application is administratively complete, the development services office shall, by the following business day, forward the application for final action by the appropriate approving authority or, if approval is delegated to an employee within the development services office, proceed with final action in accordance with this section and ss.

For125.022 applicationsand that166.033. require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order within 180 days after the municipality has deemed the application complete.

4.(c) If the development services office determines that an application submitted pursuant to this subsection is administratively incomplete, the office must provide written notice to the applicant specifically identifying any aspects of the application which do not comply with this section;

Bothapplicable partiesland maydevelopment agreeregulations; in writing or in a public meeting or hearing to an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

Anor approval,comprehensive approvalplan withregulations, conditions,ordinances, or denialcodes, ofand the reasons the application forwas adenied developmentwith permitreference orto developmentcode orderchapters mustand includesections, writtenwithin findings10 supportingbusiness days after receipt of the municipality’sapplication decision.and affidavit.

TheIf timeframesthe containeddevelopment inservices thisoffice paragraphdoes subsectionnot doprovide notwritten applynotice into anthe areapermit ofapplicant criticalwithin state10 concern,business days, the application shall be deemed administratively complete as designateda matter of law solely for purposes of acceptance, routing, and processing, and the development services office must, by the following business day, forward the application for final action to the appropriate approving authority or, if the development services office is the approving authority, proceed to final action in s.accordance with this section and ss.

380.0552125.022 orand chapter166.033. 28-36, Florida Administrative Code.

TheAn timeframesapplication containedPage in17 thisof paragraph30 subsectionCODING: restart if an applicant makes a substantive change to the application.

As used in this paragraph subsection, the term “substantive change” means an applicant-initiated change of 15 percent or more in the proposed density, intensity, or square footage of a parcel.

(c)1.(3)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s.

403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing.

2.(b) If a municipality makes a request for additional information and the applicant submits the required additional Page 22 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 informationdetermined withinto 30be daysadministratively aftercomplete receivingunder thethis request,paragraph thedoes municipalitynot mustconstitute reviewsubstantive theapproval applicationof forthe completenesspermit submitted and issuemay anot letterbe indicatingconstrued thatto alllimit requiredthe informationauthority hasto beengrant submitted or specifydeny withthe particularityapplication anyconsistent areaswith thatthis aresection; deficient within 30 days after receiving the additional information.

3.(c)however, If a municipality makes a second request for additional information and the applicantdevelopment submitsservices theoffice requiredmay additionalnot informationconduct withinany 30duplicative daysreview afterof receiving the request,permit thesubject municipalityto mustpreapplication review theexcept applicationas forexpressly completenessauthorized andby issuethis asection. letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information.

4.(d)(d) BeforeThe adevelopment thirdservices requestoffice’s forreview additionalunder information,this thesubsection applicantis mustministerial beand offeredlimited a meeting to attemptconfirming toadministrative resolvecompleteness outstandingand issues.proper form.

IfThe adevelopment municipalityservices makesoffice amay thirdnot requestre-review for additional information and the applicanttechnical submitssufficiency theor requiredsubstantive additionalcompliance informationof withinmaterials 30subject daysto afterpreapplication receivingreview theby request,a thequalified municipalitycontractor, mustexcept deemas theexpressly applicationauthorized completeby withinthis 10section days after receiving the additional information or proceedby tolaw. process the application for approval or denial unless the applicant waived the municipality’s limitation in writing as described in paragraph (a).

5.(e)(10) ExceptCONSTRUCTION.—Any aslocal providedprovision inor subsectionaction (4)inconsistent subsectionwith (7),this ifsection is preempted, void, and unenforceable to the applicantextent believesof the requestinconsistency, forand additionalthis informationsection isshall notcontrol authorizedand bybe ordinance,given rule,full statute,force and effect over any conflicting or othermore legalstringent authority,provision theof municipality,law, atwhether thegeneral, applicant’sspecial, request,or shalllocal, proceedincluding toany processcharter theor applicationhome forrule approvalprovision, without regard to the order or denial.time of enactment.

Page(11) 23DISCIPLINARY GUIDANCE.—When performing a preapplication review, a qualified contractor is subject to the disciplinary guidelines of 35the CODING:applicable professional board with jurisdiction over his or her license or certification under chapter 471, chapter 472, or chapter 481.

Notwithstanding the audit procedures in subsection (12), any complaint investigation or discipline that may arise out of a qualified contractor’s preapplication review shall be conducted by the applicable Page 18 of 30 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 (d)(4)professional Aboard. municipality must issue a refund to an applicant equal to:

1.(a)Complaints Tenregarding percentconflicts of theinterest application fee if the municipality fails to issue written notification of completeness or writtenother specificationethical ofviolations areasshall ofbe deficiencyreviewed withinas 30provided daysin afterchapter receiving112. the application.

2.(b)(12) TenAUDIT percentPROCEDURES.—A oflocal thegovernment applicationmay feeaudit if the municipalitywork fails to issue written notification of completenessa orqualified writtencontractor specificationperforming ofpreapplication areasreview ofunder deficiencythis withinsection 30pursuant daysto afterprocedures receivingestablished by the additionallocal informationgovernment. pursuant to subparagraph (c)2.

paragraphSuch (3)(b).procedures must be reasonable, applied in a nondiscriminatory manner, and made publicly available.

3.(c)A Twentyqualified percentcontractor ofmust thebe applicationprovided fee if the municipality fails to issue written notificationnotice of completenessany oraudit writtenfindings specificationand ofa areasreasonable ofopportunity deficiency within 10 days after receiving the additional information pursuant to subparagraphrespond. (c)3.

paragraphNothing (3)(c).in this subsection limits a local government’s authority to enforce contract terms, address conflicts of interest, remove a qualified contractor from participation in the program, or take action necessary to protect the public health, safety, or welfare.

4.(d)An Fiftyaudit percentunder ofthis thesection applicationmay feenot ifreplicate, redo, or substitute for the municipalitypreapplication failsreview toperformed approve,by approvesthe withqualified conditions,contractor orand deniesmay not go beyond the applicationscope withinof 30verifying daysperformance, aftercustomary conclusionpractice, ofand theevidentiary 120-daysupport, timeframeunless specifiedexpressly inauthorized subparagraphby (b)2.this section.

(13) PREAPPLICATION REVIEW FOR SPECIFIED ENTITIES.— Notwithstanding any other law, a county, a municipality, a school district, or an independent special district may use a qualified contractor to provide preapplication review for a public works project by the 180-daycounty, timeframemunicipality, specifiedschool indistrict, subparagraphor (b)3.independent special district.

subsection(14) (2).CIVIL ACTIONS AUTHORIZED.— (a) An applicant may bring a civil action for declaratory or injunctive relief against a county or municipality for a violation of this section.

5.(e)In Oneany hundredsuch percentaction, of the applicationcourt feeshall ifPage the19 municipality fails to approve, approves with conditions, or denies an application 31 days or more after conclusion of the30 120-dayCODING: timeframe specified in subparagraph (b)2.

or the 180-day timeframe specified in subparagraph (b)3.

subsection (2).

A municipality is not required to issue a refund if the applicant and the municipality agree to an extension of time, Page 24 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 theaward delay is caused by the applicant,prevailing orparty thereasonable delayattorney isfees attributableand tocosts. a force majeure or other extraordinary circumstance.

(e)(5)For Whenpurposes aof municipalitythis deniesparagraph, anthe applicationterm for“prevailing aparty” developmentmeans permitthe orparty developmentthat obtains an enforceable judgment, order, or comparable court-sanctioned relief on the municipalitymerits shallwhich givematerially writtenalter noticethe tolegal relationship of the applicant.parties in that party’s favor, including the granting of declaratory or injunctive relief or the dismissal with prejudice of the opposing party’s claims.

The noticeterm mustdoes not include a citationparty towhose theobjectives applicableare portionsachieved ofsolely anby ordinance,the rule,voluntary statute,cessation orof otherchallenged legalconduct authorityabsent fora thejudicial denialdetermination ofor theother permitrelief orbearing order.the court’s imprimatur.

(3)(6)If Asneither usedparty inprevails thison section,the significant issues, or if both parties prevail in part, the termscourt “developmentmay permit”determine andthat “developmentno order”party haveis the sameprevailing meaningparty asand inmay s.equitably apportion fees and costs.

163.3164,(b) butAttorney dofees, costs, and damages may not includebe buildingawarded permits.pursuant to this subsection if:

(4)(7)1. For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit.

(5)(8)The Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant toprovides obtain a permit from a state or federal agency and does not create any liability on the partlocal ofgovernment thewritten municipalitynotice for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that resultit is in a violation of statethis orsection; federal law.

Aand municipality2. shall attach such a disclaimer to the issuance of development permits Page 25 of 35 CODING:

The local government complies with this section within 14 days or completes a preapplication review for the applicant that has submitted written notice of a violation of this section within 14 days.

Section 2.

Paragraph (c) is added to subsection (1) of section 177.071, Florida Statutes, to read:

177.071 Administrative approval of plats or replats by designated county or municipal official.— (1) (c) A local government may not create, establish, or apply any additional local procedure or condition for the Page 20 of 30 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 andadministrative shallapproval includeof a permitplat conditionor thatreplat allunder otherthis applicablesection statethat oris federalinconsistent permitswith bethis obtainedsection beforeor commencements. of the development.

(6)(9) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply.

Section 4.

Paragraphs (c) and (d) are added to subsection (1) of section 177.071, Florida Statutes, to read:

177.071 Administrative approval of plats or replats by designated county or municipal official.— (1) (c) A governing body and its designated administrative authority shall use, upon the written request of the applicant, the registry established in s.

163.3169 to supplement local government staff resources in ways determined by the governing body for processing and expediting the requirements of this section.

(d) A local government may not create, establish, or apply any additional local procedure or condition for the administrative approval of a plat or replat under this section which is inconsistent with this section or s.

If infrastructure financial assurances are required as a condition of plat or replat approval, the administrative authority designated in paragraph (a) mustshall receive and act upon the proposed assurance.

The local government shall accept commonly used forms of financial assurance, including performance bonds, letters of credit, and escrow agreements, provided that the assurance is in a form reasonably acceptable to the local government and issued by a financially responsible issuer Pagemeeting 26objective, ofuniformly 35applied CODING:standards.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 meeting objective, uniformly applied standards.

177.091(8)177.091 and (9) and the local government’s uniformly applied standards, and may not be used to unreasonably delay approval.

If the assurance is deficient, the local government mustshall provide written notice of deficiencies within 10 business days.

Section 5.3.

(a) “Applicant” means a homebuilder or developer who files an application with the local governing body to identify the percentage of planned homes, or the number of building permits, thatPage the21 localof governing30 bodyCODING: must issue for a residential subdivision or one or more phases in a multiphased planned community, subdivision, or planned community.

(2)(a) By October 1, 2024, the governing body of a county that has 75,000 residents or more and any governing body of a municipality that has 10,000 residents or more and 25 acres or more of contiguous land that the local government has designated in the local government’s comprehensive plan and future land use map as land that is agricultural or to be developed for residential purposes shall create a program to expedite the Page 27 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 processthat forthe issuinglocal buildinggoverning permitsbody must issue for a residential subdivisionssubdivision, or one or more phases in a multiphased planned community, subdivision, or planned communitiescommunity. in accordance with the Florida Building Code and this section before a final plat is recorded with the clerk of the circuit court.

(2)(a) By October 1, 2024, the governing body of a county that has 75,000 residents or more and any governing body of a municipality that has 10,000 residents or more and 25 acres or more of contiguous land that the local government has designated in the local government’s comprehensive plan and future land use map as land that is agricultural or to be developed for residential purposes shall create a program to expedite the process for issuing building permits for residential subdivisions, one or more phases of a community or subdivision, or planned communities in accordance with the Florida Building Code and this section before a final plat is recorded with the clerk of the circuit court.

2.Page 22 of 30 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 2.

(b) Subject to the requirements under paragraphsubsection (6)(b), a governing body that had a program in place before July 1, 2023, to expedite the building permit process, need only update its their program to approve an applicant’s written application to issue up to 50 percent of the building permits for the residential subdivisionsubdivision, or planned community in order to comply with this section.

Page(d)1. 28 of 35 CODING:

WordsIf strickena aregoverning deletions;body fails to adopt a program under paragraph (a) or paragraph (c), or fails to update or modify an existing program as required under paragraph (b) by the applicable statutory deadline, the following will apply without further action or approval by the governing body and notwithstanding any conflicting local requirement:

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26 20261138c2 (d)1.

If a governing body fails to adopt a program under paragraph (a) or paragraph (c), or fails to update or modify an existing program as required under paragraph (b), by the applicable statutory deadline, the following will apply without further action or approval by the governing body and notwithstanding any conflicting local requirement:

The applicant hasshall have an unconditional, self-executingself- executing right to use a qualified contractor of the applicant’s choosing, within the scope of the contractor’s professional licensure and as authorized under thiss. section, to perform technical review and certification necessary to support the issuance of up to 75 percent of the building permits for the residential subdivision or planned community, including one or more phases thereof, before the final plat is recorded, provided the qualified contractor does not have a conflict of interest.

177.073, to perform technical review and certification necessary to support the issuance of up to 75 percent of the building permits for the residential subdivision or planned community, including one or more phases thereof, before the final plat is recorded, provided the qualified contractor does not have a conflict of interest.

The governing body, local building official, and any local government staff may not condition, delay, limit, restrict,Page obstruct,23 or deny the applicant’s use of a30 qualifiedCODING: contractor under this paragraph.

This paragraph does not prohibit a local government from applying neutral, generally applicable requirements relating to procurement, contracting, insurance, indemnification, conflict-of-interest review, credential verification, recordkeeping, or public safety, provided such requirements do not materially impair or frustrate the applicant’s ability to use a qualified contractor as authorized by this paragraph.

Any local requirement that directly conflicts with this paragraph is preempted to the Page 29 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 extentrestrict, ofobstruct, or deny the conflict.applicant’s use of a qualified contractor under this paragraph.

Nothing in this paragraph prohibits a local government from applying neutral, generally applicable requirements relating to procurement, contracting, insurance, indemnification, conflict-of-interest review, credential verification, recordkeeping, or public safety, provided such requirements do not materially impair or frustrate the applicant’s ability to use a qualified contractor as authorized by this paragraph.

Any local requirement that directly conflicts with this paragraph is preempted to the extent of the conflict.

The local building official mustshall accept such submissions when prepared and sealed by the qualified contractor as meeting any local requirement that the submission be prepared or reviewed by local government staff, and mustshall review and issue the permits in accordance with the Florida Building Code and applicable state law.

ThisNothing paragraphin doesthis notparagraph limitlimits the authority of the local building official to review such submission by a qualified contractor for compliance with the Florida Building Code and applicable state law, to identify deficiencies, or to approve or deny the permit in accordance with the law.

The governing body and the local building official may notPage unreasonably24 require the applicant or the qualified contractor to use a local government registry, rotation, or shortlist, or any other selection or vetting process, which has the effect of denying30 orCODING: materially delaying the applicant’s use of a qualified contractor under this section.

e.

The unconditional right provided by this paragraph becomes effective immediately upon the governing body’s failure to meet the applicable deadlines in paragraph (a) or paragraph (c), continues in effect unless and until the governing body has adopted or updated a program fully compliant with this section, Page 30 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 and may not beunreasonably limited,require impaired,the applicant or appliedthe retroactivelyqualified contractor to reduceuse thea numberlocal government registry, rotation, or percentageshortlist, ofor buildingany permitsother selection or vetting process, which has the applicanteffect mayof obtaindenying or ismaterially eligibledelaying tothe obtainapplicant’s use of a qualified contractor under this paragraph.section..

e.

The unconditional right provided by this paragraph becomes effective immediately upon the governing body’s failure to meet the applicable deadlines in paragraph (a) or paragraph (c), continues in effect unless and until the governing body has adopted or updated a program fully compliant with this section, and may not be limited, impaired, or applied retroactively to reduce the number or percentage of building permits the applicant may obtain or is eligible to obtain under this paragraph.

(a) A two-step application process for the adoption of a preliminary plat, and for stabilized access roads that can support emergency vehicles, inclusive of any plans, in order to expeditePage the25 issuance of building30 permitsCODING: under this section.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1138 590-02691-26 20261138c1 expedite the issuance of building permits under this section.

553.791 to expedite the application process for any plans necessary to support the approval of a site plan, preliminary or final plat, or building permits after a preliminary plat is approved under this section.

Page(b) 31A governing body shall establish a registry of 35at CODING:least six three qualified contractors whom the governing body may use to supplement staff resources in ways 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.

A qualified contractor on the registry who is hired pursuant to this section 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.

For purposes of this paragraph, the term “conflict of interest” has the same meaning as in s.

112.312.

(c) If a governing body fails to establish or maintain the registry required under paragraph (b), an applicant may, at its sole discretion, retain a private provider or qualified contractor of the applicant’s choosing to process, review, and expedite any application for a preliminary plat, or supporting documents, provided that the selected private provider or Page 26 of 30 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 (b)qualified Acontractor governingdoes bodynot shall,have upona theconflict written request of theinterest. applicant, use the qualified contractor registry established in s.

163.3169 establish a registry of at least three qualified contractors whom the governing body may use to supplement staff resources in ways 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.

A qualified contractor on the registry who is hired pursuant to this section 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.

If a conflict of interest is identified after selection, the applicant must promptly replace the private provider or qualified contractor with one that does not have a conflict of interest, and the governing body must continue processing without delay or prejudice.

(d) The governing body may not condition, delay, or deny the applicant’s use of such private provider or qualified contractor, and shall accept, process, and act upon reviews, approvals, recommendations, or certifications submitted by the private provider or qualified contractor in the same manner and within the same timeframes as if performed by the governing body’s own staff, or by a qualified contractor on the registry.

The governing body may verify credentials, require standard submittal formats, and conduct ministerial compliance checks, but may not impose additional requirements that have the effect of frustrating, negating, or impeding the applicant’s right to use a private provider or qualified contractor under this subsection.

The applicant shall be responsible for all fees and costs associated with the private provider or qualified contractor.

Any ordinance, resolution, policy, practice, contract, or requirement to the contrary is preempted and void to the extent of conflict with this paragraph.

(b)Page The27 applicant provides proof to the governing body that the applicant has provided a copy of the30 approvedCODING: preliminary plat, along with the approved plans, to the relevant electric, gas, water, and wastewater utilities.

For purposes of this paragraph, the term “approved plans” means plans approved for design and permit review and does not include, and may not be construed to require or imply, any certification, attestation, or confirmation of the completion of construction of any subdivision or planned community infrastructure, or improvements depicted in, referenced by, or required under such plans, except for the construction of the minimum access and roadway Page 32 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 improvements(b) requiredThe byapplicant provides proof to the Floridagoverning Firebody Preventionthat Codethe forapplicant firehas departmentprovided accessa andcopy operations,of suchthe asapproved apreliminary stabilizedplat, roadwayalong forwith emergencythe access.approved plans, to the relevant electric, gas, water, and wastewater utilities.

NoFor otherpurposes of this paragraph, the term “approved plans” means plans approved for design and permit review and does not include, and may not be construed to require or imply, any certification, attestation, or confirmation of the completion of construction of any subdivision or planned community infrastructureinfrastructure, or improvements maydepicted bein, referenced by, or required tounder besuch constructedplans, asexcept afor conditionthe construction of buildingthe permitminimum issuanceaccess orand approvalroadway authorizedimprovements underrequired thisby section.the Florida Fire Prevention Code for fire department access and operations, such as a stabilized roadway for emergency access.

No other subdivision or planned community infrastructure or improvements may be required to be constructed as a condition of permit issuance or approval.

The submission, acceptance, or approval of any certification of completion or similar documentation, including, but not limited to, certificates of completioncompletion, or substantial completion, engineer’s or architect’s certifications of completion, as-built or record drawings, pressure or compaction test results, utility acceptance letters, service availability letters,Page or28 similar confirmations of finished30 constructionCODING: or readiness for service;

or c.

Compliance with an environmental condition which is not required by its land development regulations, a local government comprehensive plan, a regulatory covenant or similar recorded instrument, a decision or order by a local zoning board or other quasi-judicial board, or by state law or federal law to obtain a building permit.

2.

This prohibition applies notwithstanding any ordinance, resolution, policy, practice, permit condition, concurrency or Page 33 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 proportionate-shareletters, requirement,or interlocalsimilar agreement,confirmations utilityof policyfinished orconstruction standard, or otherreadiness localfor requirementservice; to the contrary.

or c.

Compliance with an environmental condition that is not required by its land development regulations or by state law or federal law to obtain a building permit.

2.

This prohibition applies notwithstanding any ordinance, resolution, policy, practice, development order, permit condition, concurrency or proportionate-share requirement, development agreement, interlocal agreement, utility policy or standard, or other local requirement to the contrary.

This paragraph may not be construed to relieve an applicant from completing or installing any infrastructure or improvements as a condition of issuance of a certificate of occupancy.

For purposes of this section, a local government may waive the bondbonding requirement in this paragraph through its program or on a case-by-case basis upon request of the applicant.

(8) For purposes of this section, an applicant has a vested right in a preliminary plat that has been approved by a governingPage body29 for the earlier of at30 leastCODING: 5 years or if all of the following conditions are met:

(a) The applicant relies in good faith on the approved preliminary plat or any amendments thereto.

Page 34 of 35 CODING:

Florida Senate - 2026 CS for CS for SB 1138 595-03176-26590-02691-26 20261138c220261138c1 (b)governing Thebody applicantfor incursthe obligationsearlier and expenses, commences construction of theat residentialleast subdivision5 years or plannedif community,all andof is continuing in good faith with the developmentfollowing ofconditions theare property.met:

Section(a) 6.The applicant relies in good faith on the approved preliminary plat or any amendments thereto.

(b) 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.

Section 4.

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