Bill > S1138

Introduced Session

An act relating to qualified contractors; creating s. 163.3169, F.S.; providing legislative findings; defining terms; requiring the governing body of a local government, by a specified date, to create a program that authorizes an applicant to use a qualified contractor to conduct a preapplication review of an application; requiring the governing body to establish certain processes; providing specifications for such program; prohibiting certain additional requirements; requiring a local government to deem an application that satisfies specified provisions administratively complete for certain purposes; prohibiting the program from imposing additional terms, conditions, or duplicative review processes; providing that the program may allow for the review of ownership authorizations for the development of the property; providing construction; requiring the development services office of a local government to establish a registry of a specified number of qualified contractors to conduct preapplication reviews; authorizing the development services office of a local government to register more or less than the specified number of qualified contractors under certain circumstances; authorizing a local government to enter into an agreement with another local government under certain circumstances; prohibiting a local government from adding its own employees to the registry; requiring a local government to use certain contract terms and conditions; prohibiting a local government from drafting or applying contractual terms that impose certain obligations on qualified contractors; requiring an applicant to have the right to use a qualified contractor of his or her choosing to perform the preapplication review under certain circumstances; prohibiting a local government from conditioning, denying, delaying, or otherwise contesting an applicant’s selection or use of a qualified contractor of his or her choosing, except upon a certain determination; providing that an applicant has sole discretion to choose a qualified contractor from the registry; specifying requirements for payment to the qualified contractor; 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 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 an exception; providing that inconsistent local provisions are preempted, void, and unenforceable; providing construction; providing disciplinary guidelines; authorizing a local government to audit the work of qualified contractors; specifying requirements for such auditing procedures; providing construction; authorizing specified entities to provide preapplication reviews for public works projects; authorizing a civil action; authorizing the award of attorney fees and costs; defining the term “prevailing party”; prohibiting the award of attorney fees, costs, or damages under certain circumstances; amending s. 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. 177.073, F.S.; revising the definition of the term “applicant”; requiring the governing body of certain local governments and counties to include multi-phased developments in a program that expedites the process for 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 program by a specified date; providing construction; requiring a governing body to create a two-step application process for stabilized access to roads that can support emergency vehicles; revising requirements for such application process; authorizing an applicant to use a qualified contractor for land use approvals under certain circumstances; increasing the number of qualified contractors on a specified registry; authorizing an applicant to retain a private provider or qualified contractor to process, review, and expedite an application for a preliminary plat 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; defining the term “approved plans”; providing construction; prohibiting a local government from conditioning, delaying, withholding, or denying the issuance of certain permits under certain circumstances; providing applicability; providing construction; authorizing a local government to waive certain bonding requirements under certain circumstances; revising the circumstances under which an applicant has a vested right in a preliminary plat; providing an effective date.

AI Summary

Committee Categories

Ralph Massullo (R)*, 

Other Sponsors (1)

CS/CS by- Rules; YEAS 23 NAYS 0 (on 02/24/2026)

Official Document