Fast-Tracking Development: Expedited Building Permit Program

On January 1, 2025, Florida’s new expedited building permit law, Florida Statute 177.073, went into effect, allowing developers to begin construction before a final plat is recorded. This law aims to speed up residential development in regions experiencing rapid growth, such as Hillsborough, Pinellas, and Polk County, without sacrificing accountability.

As more developers take advantage of this new law, it’s essential that they understand its legal requirements, including the need to obtain a performance bond for each property.

Key Takeaways

  • Florida Statute 177.073 requires many Florida counties to implement expedited building programs in the interest of speeding up housing development.
  • These programs allow developers to receive permits for 50% of their planned homes before a final plat is recorded.
  • Developers must post a performance bond and agree to release the local governing body from liability to be eligible.

What Is the Expedited Building Permit Program?

The Expedited Building Permit Program refers to a number of local and state government programs in Florida that aim to speed up the review and approval of building permits. The primary driver behind these programs is  Florida Statute 177.073, which mandates that counties with populations over 75,000 establish expedited building permit programs to promote housing development.

The statute requires that these programs allow developers to obtain permits for up to 50% of the planned homes in a subdivision or planned community. To receive these permits, developers must meet specific criteria, such as posting a performance bond to guarantee the required improvements are completed.

The Legal Backbone: Florida Statute 177.073

Enacted to streamline residential development, Florida Statute 177.073 defines the framework for expedited permitting. Key provisions include:

  • Eligibility: Applies to counties with 75,000+ residents and municipalities with 10,000+ residents and 25+ acres of land designated for residential or agricultural use. These counties must establish an expedited building permit program that complies with 177.073’s requirements. The law does not apply to local governments in the Florida Keys Area.
  • Permit Cap: Allows issuance of permits for up to 50% of the lots in a subdivision before final plat recording. The law only restricts the applicant from requesting more than 50% of the required permits, with the governing body able to issue more permits if they choose to do so. The law also requires the 50% threshold to be raised to 75% by January 1, 2028.
  • Qualified Professionals: Requires involvement of licensed engineers, surveyors, architects, landscape architects, or other professionals certified in environmental management or urban planning. Local governing bodies must have a registry of at least three qualified professionals who can assist with reviewing applications and expediting their approval.
  • Performance Bonds: Mandates financial guarantees to ensure completion of required improvements before final plat approval. Specifically, applicants must have a valid performance bond covering up to 130% of the required improvements that have not yet been completed by the time the application is submitted. Statutory master planned communities need a valid performance on a phase-by-phase basis.
  • Hold Harmless Agreement: Requires applicants to enter into a hold-harmless agreement with the local government, its governing body, its employees, and its agents. This agreement protects local governments from liability or damages caused by wind, fire, flood, bodily injury, construction defects, or disputes that occur due to a contract (or other agreement) between a utility and a developer. This hold harmless agreement, however, doesn’t apply to governmental action that would infringe on an applicant’s vested rights.

The Agreement: A Commitment to Compliance

To participate, developers must execute the “Agreement of Issuance of Certain Residential Building Permits Under the Expedited Building Permit Program and Construction of Required On-Site Improvements with the County,”  or a similar agreement with the county or municipality that outlines:

  • The number of permits to be issued prior to plat recording.
  • The scope of on-site improvements (e.g., roads, drainage, utilities).
  • The timeline for completing improvements.
  • The requirement to post a performance bond or other financial security.

This agreement ensures that even though construction begins early, the County retains control over infrastructure standards and public safety.

Performance Bonds: Financial Assurance for Public Improvements

A performance bond is a surety-backed guarantee that the developer will complete all required improvements in accordance with approved plans. In Hillsborough, Pinellas, and Polk County, these bonds are typically required for:

  • On-site improvements (roads, sidewalks, stormwater systems)
  • Off-site improvements (utility connections, traffic signals)
  • Lot corner placements and other subdivision-specific obligations 

The bond amount is often calculated at 110% to 130% of the estimated cost of uncompleted improvements, providing a financial cushion in case of default.

What Developers Need to Receive Expedited Permits

Under Florida Statute 177.073, applicable local governments must issue the percentage or number of building permits to a developer as long as the following requirements are met:

  • The applicant hasn’t requested more than 50% of the needed building permits for a residential subdivision or planned homes.
  • The local government has approved the preliminary plat for the planned homes or residential subdivision.
  • The local government has received proof that the applicant has given applicable gas, electric, wastewater, and water utilities a copy of their  approved plans and approved preliminary plat.
  • The applicant has received a valid performance bond covering up to 130% of the necessary improvements that have not yet been completed at the time of application. If the developer is developing a statutory master-planned community, they must have a valid performance bond for each phase.

Why Florida’s Requirement for the Creation of Expedited Building Permit Programs Matters

The Expedited Building Permit Program is a model of how local governments can foster growth while safeguarding public interests. By combining statutory authority, professional oversight, hold harmless agreements, and performance bonds, a county can ensure that speed does not come at the expense of quality or accountability.

For developers, this program offers a competitive edge by allowing them to begin construction and sales earlier in the development cycle.

For the applicable county and its residents, the performance bond and agreement structure ensures that infrastructure is delivered on time and to code, even if a developer fails to perform.

Turn to ProSure Group for Your Next Performance Bond

If you're a real estate developer or contractor working in Florida, now is the time to get familiar with this program. At ProSure Group, we can help you obtain the performance bond that meets the requirements of Florida Statute 177.073, along with any other bond requirements you may have.

Learn more about our Florida performance bonds today.

📞 Call us at (800) 480-3883

🌐 Visit us at www.prosuregroup.com