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. The term does not include plans or permits as reviewed under s. 553.791.

(c) “Conflict of interest” has the same meaning as in s. 112.312 and includes conflicts of interest recognized under applicable licensing or certification standards applicable to the qualified contractor.

(d) “Development services office” means the entity, office, division, or department of a local government which is responsible for reviewing applications for compliance with the local government’s land development regulations and other applicable federal, state, and local requirements. This office may be substantively identical to or housed within the local government’s planning and zoning department.

(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. The term includes any duly authorized designee of such person. This individual may be the executive director of the governing body of a local government or the division director of the local government’s planning and zoning department.

(f) “Final plat” has the same meaning as in s. 177.073.

(g) “Governing body” has the same meaning as in s. 163.3164.

(h) “Land development regulations” has the same meaning as in s. 163.3164, but excludes building permits and plans subject to s. 553.791.

(i) “Local government” means:

1. A county that has 75,000 or more residents, but does not include a county subject to s. 380.0552; or

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

(j) “Permit” means an authorization, approval, or grant 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) “Plans” has the same meaning as in s. 177.073.

(l) “Plat or replat” has the same meaning as in s. 177.031(14).

(m) “Preapplication review” means the analysis of a permit conducted by a 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) “Preliminary plat” has the same meaning as in 177.073.

(o) “Qualified contractor” means the individual or firm that has demonstrated knowledge of and experience with the types of permits or development approvals specified in this section. The term includes, but is not limited to, any of the following:

1. An engineer or engineering firm licensed under chapter 471.

2. A surveyor or mapper, or a surveyor’s or mapper’s firm, licensed under chapter 472.

3. An architect or architecture firm licensed under part I of chapter 481.

4. A landscape architect or a landscape architecture firm registered under part II of chapter 481.

5. A planner certified by the American Institute of Certified Planners with at least 5 years of relevant government 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 chapter 481; or 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) “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 for administrative review and approval by local government staff or a designated administrative official, without the requirement of approval by an appointed 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 term includes approvals or permits governed by objective, nondiscretionary standards that are designated by the local government for administrative approval by local government staff or an administrative official and which also includes, but is not limited to approvals or permits related to trees, signs, landscaping, and minor modifications.

(r) “Subdivision approval” or its functional equivalent, including a modification, means an administrative review process applicable to the division of land into a limited number of lots which does not create new public streets or require significant public infrastructure improvements and does not materially increase development impacts. The term applies only to approvals 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:

1. The preapplication consultation services for permits under ss. 125.022(1) and 166.033(1);

2. The requirements of s. 177.073 for processing and expediting the review of an application for a preliminary plat or any plans related to such application; or

3. The requirements of s. 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 have a conflict of interest. If a prohibitive conflict of interest exists, the applicant may use an otherwise qualified contractor.

(c) A 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 satisfy the minimum numerical requirements for qualified contractors for the registry. A local government may not add its own employees to its own registry.

(d) If a local government fails to establish or maintain the registry, an applicant may, at its sole discretion, retain a qualified contractor or a qualified contractor firm of the applicant’s choosing to provide preapplication consultation services, provided that the selected qualified contractor or qualified contractor firm does not have a conflict of interest. If a conflict of interest is identified after selection, the applicant must promptly replace the qualified contractor or qualified contractor firm with one that has no conflict of interest.

(e) The local government may not condition, deny, or delay the applicant’s selection or use of such qualified contractor or qualified contractor firm, and the applicant is responsible for all fees 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 confidential 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. 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:

1. Individually listed in the National Register of Historic Places or is a contributing property within a National Register-listed historic district;

2. Designated as a local historic landmark, historic resource, or part of a locally designated historic district under a duly adopted local historic preservation ordinance; or

3. Subject to binding historic preservation review or approval under federal, state, or local law, including review by a local historic preservation board or commission.

(b) If an application encompasses multiple parcels or improvements, this subsection applies only to the portion of the application that relates to property described in paragraph (a). This subsection may not be construed to prohibit the use of a qualified contractor for the portions of an application that do not involve the property listed in paragraph (a).