Florida SB 1080: New Land Use And Permitting Rules For 2025

Written Standards for Florida Land Use Applications

Under SB 1080, counties¹ and municipalities² must now clearly define, in writing, the minimum information that an applicant must provide when seeking zoning approval, rezoning, subdivision approval, a special exception, variance, or certification. These standards cannot be hidden in internal checklists or left to informal staff discretion. Instead, they must be:

• Posted on the county's website,
• Available for public inspection and copying where applications for development permits or orders are received, or
• Provided to applicants during pre-application meetings.

This change reflects a push for transparency and predictability. Developers have long complained that applications were often stalled because local governments claimed required documents were missing—sometimes without clear guidance about what was necessary. SB 1080 removes that ambiguity.

Deadlines for Processing Land Use Applications In Florida

Perhaps the most impactful reform is the new mandatory timeline for application review. Counties and municipalities are now bound to act within specific periods, or else face financial consequences.

The following are the new stipulations outlined in Session Bill 1080:

• Acknowledgement of receipt. Within five business days of receiving an application for a development permit or development order, the local government must acknowledge receipt to the applicant, using contact information provided by the applicant.
• Determination of completeness. Within thirty days, the government must either confirm that the application is complete or identify, with particularity, deficiencies in writing.
• Incomplete applications. If an application is deficient, an applicant has thirty days to address the deficiencies by submitting additional information.
• Final decision. Once an application is deemed complete and doesn't require final action through a quasi-judicial or public hearing, the government must approve, approve with conditions, or deny the application within 120 days after the county or municipality has deemed the application complete. If the matter requires a quasi-judicial or public hearing, that deadline is extended to 180 days.
• Time extensions. Both parties may agree in writing or during a public meeting or hearing to extend the deadlines, particularly in the event of extraordinary circumstances or a force majeure.
• Refunds for delay. Failure to meet these deadlines triggers a statutory obligation to refund portions of the applicant's fees. The amount of the refund depends on how far past the deadline the review extends.
• Exception. These deadlines do not apply in an area of critical state concern.³
• Timeline Restart. If an applicant makes a substantive change to an application, these timeframes will restart. In this context, a substantive change refers to an applicant-initiated change of fifteen percent or more in the proposed density, intensity, or square footage of a parcel.

This timeline represents a major shift of responsibility. Developers will now have enforceable expectations, while municipalities and counties will face real costs for delay.

Requests for Additional Information on Florida Land Use Applications

SB 1080 also sets limits on how many times a local government can ask an applicant for more information after a permit application is submitted. If a development permit or order is certified by a professional listed in section 403.0877, Florida Statutes, the county may not request additional information more than three times, unless the applicant agrees in writing to waive this limitation.

The law requires specific timing and responses at each stage:

• First Request for Information. After the first request, if the applicant provides the requested information within30 days, the local government has 30 days to determine completeness and either confirm or identify deficiencies.
• Second Request for Information. After the second request, if the applicant responds within 30 days, the county has only 10 days to issue a completeness letter or note deficiencies.
• Third Request for Information. Before a third request, the county must offer the applicant a meeting to resolve outstanding issues. If the applicant provides the third set of materials within 30 days, the county must either deem the application complete within 10 days or move forward with approval or denial.

Importantly, if the applicant believes a county's or municipality's request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the applicant may require the county or municipality to proceed with approval or denial rather than submitting more documents.

Refunds for Local Government Delay

In addition to strict deadlines, SB 1080 includes a schedule of mandatory refunds if a county or municipality fails to act in a timely manner. These provisions give applicants real financial remedies for government delay:

• 10% refund if a completeness determination is not completed within 30 days of receiving the initial application.
• 10% refund if the county fails to act within 30 days of receiving additional information after the first request.
• 20% refund if the county fails to act within 10 days after receiving information following a second request.
• 50% refund if an application is not approved, approved with conditions, or denied within 30 days after the 120-day or 180-day statutory review period ends.
• 100% refund if the county or municipality still has not acted 31 days or more after those statutory deadlines.

The statute provides several exceptions where a refund is not required, including the following:

• No refund is required if the applicant agrees to extend the timeline.
• No refund is required if the delay is caused by the applicant.
• No refund is required if the delay results from force majeure or other extraordinary circumstances.

Denials, State and Federal Permits, and County Disclaimers

SB 1080 also sets out new requirements for how local governments (i.e., counties and municipalities) must handle denials and the relationship between local permits and state or federal approvals.

When a development permit or development order is denied, the local government must provide the applicant with written notice that cites the specific ordinance, rule, statute, or other legal authority supporting the denial. This is designed to prevent vague or arbitrary denials and to give applicants a clear legal basis for challenging or curing the issue.

The law further clarifies that local governments may not force applicants to secure state or federal permits as a condition of processing a local application, unless the state or federal agency has already issued a final action denying that permit. In other words, they cannot delay or refuse to process an application simply because other approvals are still pending.

At the same time, the issuance of a development permit does not create a right to receive state or federal permits. To reinforce this, a disclaimer must be attached, stating that the applicant is still required to obtain all other necessary state and federal approvals before construction begins. Counties and municipalities must also condition their permits to reflect this requirement.

Finally, local governments can provide applicants with information about which state or federal permits might be required, but they cannot withhold or condition local approval on those permits being issued first.

How Does SB 1080 Affect Comprehensive Plan Amendments?

Florida Session Bill 1080 makes significant changes to the expedited state review process for comprehensive plan amendments, tightening both timelines and the scope of review.

First, once a local government adopts an amendment after the initial public hearing, it must transmit the amendment and supporting data to the appropriate reviewing agencies within 10 working days of adoption. Agencies then have 30 days to submit comments, but those comments are now narrowly limited by subject matter and jurisdiction. For example, the Department of Environmental Protection may comment only on issues such as water pollution, wetlands, or state lands, while the Department of Transportation is restricted to transportation facilities of state importance. Other agencies, including regional planning councils, counties, and municipalities, are likewise confined to commenting on how the amendment affects their own plans or resources.

Second, the law imposes strict deadlines for local governments once they receive agency comments. A second public hearing must be held to consider adoption. If the local government fails to hold this second hearing and adopt the amendment within 180 days, the proposal is deemed withdrawn, unless extended by agreement with notice to the state land planning agency and affected parties. If the amendment is considered at the second hearing but not adopted, it must be formally adopted within 180 days of that hearing or it is also deemed withdrawn.

Finally, once an amendment is adopted, the local government must transmit it to the state land planning agency and other commenting entities within 30 working days of the final adoption hearing. Failure to do so results in the amendment being automatically withdrawn. The state land planning agency then has five working days to notify the local government of any deficiencies in the amendment package. An amendment does not become effective until 31 days after the state agency certifies completeness, or, if timely challenged, until a final order finds the amendment in compliance.

In practice, these provisions mean that comprehensive plan amendments can no longer linger indefinitely. Both applicants and governments must move promptly through the process, and agencies are limited to commenting only on issues within their statutory authority. This framework provides greater predictability for applicants but also holds local governments accountable for keeping amendments on a strict schedule.

Broader Context and Controversy Associated with SB 1080

These changes are not occurring in a vacuum. They are part of a broader legislative trend in Florida toward protecting private property rights and limiting local government discretion. SB 1080 passed the Senate on a 29-8 vote and the House on an 84-29 vote, with supporters arguing that the law reduces red tape and improves efficiency, while critics countered that it weakens local governments' ability to fully evaluate complex development proposals.

The controversy reflects a longstanding tension in Florida land use law: balancing the need for orderly growth and infrastructure planning with the state's constitutional commitment to safeguarding property rights.

Implications for Property Owners and Developers

For property owners and developers, the benefits are immediate. Applications can no longer sit indefinitely on a planner's desk. Local governments must act within the statutory timeline or provide refunds. This creates greater certainty in planning projects and reduces carrying costs tied to permitting delays.

At the same time, developers should be mindful that these deadlines apply only once an application is deemed complete. Preparing a thorough submission remains essential. Because the statute obligates governments to issue refunds if they fail to act, we may also see more litigation over whether an application was truly complete on the date submitted.

Implications for Local Governments

For counties and municipalities, SB 1080 presents new administrative and legal risks. Staff must meet the statutory deadlines or risk losing fee revenue. Local governments may need to increase staffing or streamline internal review processes. The law also raises the potential for conflict with applicants over "completeness" determinations, since those decisions now control when the statutory clock begins.

Looking Ahead: What SB 1080 Means for Florida Permitting and Development

Effective October 1, 2025, SB 1080 rewrites the permitting process in Florida. Developers will benefit from new predictability and enforceable deadlines, while local governments must adapt quickly to avoid financial penalties. As the law takes effect, both sides will need to adjust their strategies: applicants by ensuring their submissions are thorough, and governments by investing in faster, more transparent review processes.

Florida's land use landscape has always been shaped by the push and pull between growth and regulation. SB 1080 tips the balance toward private property rights, and its permitting reforms will be felt in every jurisdiction across the state.

Footnotes

1. This new legislation will be codified in Florida Statutes § 125.022.

2. The new legislation affecting municipalities will be codified in Florida Statutes § 166.033.

3. As designated in s. 380.0552 or chapter 28-36, Florida Administrative Code.