Key takeaways
- A new Florida law imposes strict approval timelines and allows third-party contractors to review projects, which can lead to automatic approval if local governments miss deadlines.
- The law aims to reduce permitting delays blamed for rising housing costs by speeding up approvals and easing pressure on overburdened municipal staff.
- The measure applies only to larger jurisdictions and maintains local control over zoning and growth decisions while targeting administrative inefficiencies in permitting.
Florida is tackling development delays with a new law designed to make city and county permitting departments move faster.
Gov. Ron DeSantis signed the measure on May 6, mandating new timelines for development approvals and giving developers the option of using third-party professionals for preapplication consultation and application review support.
One of the key provisions in the law requires municipalities to maintain a list of at least four approved, “qualified contractors” or two qualified contractor firms, such as engineers, architects, surveyors, land planners and permit review consultants. The law provides definitions for the qualifications, including years of experience and licensure.
Developers may hire these firms out of pocket to assess their applications and make sure site plans match all applicable building codes and local comprehensive plans.
Allara Mills-Gutcher, president of the Florida chapter of the American Planning Association, said this could alleviate the pressure on planning departments facing an overwhelming number of applications. “It’s an avenue to provide assistance to an overburdened staff,” Mills-Gutcher said.
After the contractors have signed off on a project and the application has been submitted to the municipality, the local government has 45 days to approve or deny the project or approve it with conditions. If the government fails to respond in that time plus a 10-day grace period after being notified of the delay, the project is considered automatically approved.
The law applies primarily to larger cities and counties, with specific thresholds for certain provisions.
When asked to comment on the proposal, officials in Orange County said in a statement to Homes.com that they are "evaluating the legislation with the assistance of the county attorney’s office. We cannot comment on the specifics of the implementation until this process is complete."
A number of other local government associations could not be reached or did not return emails and calls seeking comment.
Delays ramp up costs
The law is one of many provisions that states, counties and cities across the country are weighing to streamline the permitting process. The governor of neighboring Georgia just signed a bill that establishes enforceable timelines for permit reviews and limits changes to requirements during the review process. The law requires the creation of permit-tracking dashboards and the issuance of fee refunds for missed deadlines.
Permitting delays were one of the most common complaints from constituents, according to Rep. Judson Sapp, Republican of House District 20, one of the authors of the bill.
“Whether it was a family trying to build a home, a local contractor or a business owner trying to expand, the common frustration was how long permitting can take and how unpredictable the process has become in some areas,” Sapp told Homes.com in an email.
Sapp, a former CEO of a railroad construction company, said these were issues he was familiar with.
“Every delay adds time and expense to a project,” he said. “Those costs eventually show up in rent, home prices and the overall cost of living. Eliminating bureaucratic delays should help to lower end costs.”
“It has the potential to make housing more affordable,” said Lee Steinhauer, government and legal affairs director for the Greater Orlando Builders Association. “The faster we move through the process, the less cost to the builder and developer.”
A recent study found that Florida is lacking 121,000 homes, and some of the hardest-hit counties are some of the most populous ones, such as Miami-Dade. Steinhauer said he believes that private contractors can alleviate some of the pressure these departments have been facing from Florida’s rapid post-pandemic growth.
“They need help,” he said. “Private providers fill that gap.”
Sapp also insisted the law does not interfere with local control over growth patterns. “Communities still decide what growth looks like in their area through their comprehensive plans, zoning and local policies,” he said. “The legislation focuses purely on making sure the permitting side of government functions efficiently and fairly.”
“This isn’t about circumventing the building code or the comprehensive plans that local governments have put in place,” Steinhauer said.
“The problem builders will say is, ‘I’ve complied with everything and done everything I’m supposed to do, and still this process is taking so long.’”