(1) When reviewing an application for a development permit 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. Before a third request for additional information, the applicant must be offered
a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), 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.
(2) When a county denies an application for a development permit, 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.
(3) As used in this section, the term “development permit” has the same meaning as
in s. 163.3164, but does not include building permits.
(4) 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
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) Issuance of a development permit 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 development.
(6) This section does not prohibit a county from providing information to an applicant
regarding what other state or federal permits may apply.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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