Ordinance for Senate Bill 812 passes in Seminole County

A process will now be created in Seminole County for expediting the issuance of building permits for residential subdivisions before a final plat, or map that shows how land is divided into parcels, is recorded. This is being implemented to adhere to Senate Bill 812 (SB812), which requires governing bodies to have a plan in place by Oct. 1.

According to the Florida Senate “[SB812] provides that an applicant for a building permit may not obtain a temporary or final certificate of occupancy for each residential structure or building, allowing people to live in the building, until the final plat is approved by the governing body and recorded in the public records. Additionally, an applicant may contract to sell, but may not transfer ownership of, a residential structure or building located in the preliminary plat before the final plat is approved by the local government.”

On Tuesday, the Seminole County Board of Commissioners approved an ordinance presented by Planning Division Manager Dale Hall to establish a plan to accelerate receiving these building permits. While the ordinance passed unanimously, some members of the commission felt it necessary to address possible push back that could arise.

“This is really rather significant, in terms of the potential liability for something going wrong with this,” District 5 Commissioner Andria Herr said.

She said she knows there are legal processes already in place that protect the county, but she wonders if the county is prepared for the processes of this home construction ordinance.

“The answer is probably no because it’s brand new, but, what I’m asking from the county manager and the county attorney’s office is to just make sure that we have processes in place that will back this up, so that we’re not the ones that can be pinged for not calling something to someone’s attention,” Herr said.

Herr said that Seminole County will continue to act how they traditionally do during processes like this, but now with this updated ordinance, she advises that the county needs to be ready for what is to come.

“We need to be prepared for that,” Herr said.

District 3 Commissioner Lee Constantine agreed with Herr, adding that there’s a probability for a situation to arise where someone realizes mid-way through a project that it’s being constructed incorrectly, which he said could lead to lawsuits against the county.

“I just want to reiterate to anybody who wants to hear this, the only reason—only reason, that this is coming before us is because the [Florida] legislature has made this a mandated requirement of our expedited building permits,” Constantine said. 

SB812 only applies to Florida counties with more than 75,000 residents, which includes Seminole County. It also requires that counties allow for 50% of the lots in new residential subdivisions to be issued a permit before final plat documenting. This percentage will be raised to 75% by December 2027, according to the bill.

Hall said a plot plan, which is newly defined in the ordinance, is now also required for each individual lot. Hall said this means each individual is required to show a scaled plan of existing and projected improvements within the boundary of a lot. This includes infrastructure, utilities, boundary lines and more all in relation to each other. 

“The purpose of the plot plan is to show how each proposed building meets all the lot’s setbacks and development regulations, and will assist staff in the review of the application,” Hall said.

The ordinance also includes a requirement to submit an application, a fee and other supporting documentation, as well as a water supply plan, emergency access for the fire department and more. Hall said the emergency access plan must be approved by the fire marshal.

Requirements for submission also include a performance, or contract, bond of 130%. In the submission process, applicants accept responsibility and accept that the county is not liable for issues established from the development prior to receiving the final plat.

“One of the most important points to note is that the transfer of ownership, issuance of a certificate of occupancy, and any occupancy of the homes is not allowed until the final plat is approved,” Hall said. 

Want to share your input with your elected leaders? If you would like to contact your district’s commissioner or the Senate Bill sponsor, their information is listed below.