Any owner who believes they are entitled to a vested rights determination shall complete, execute and file an application for a vested rights certificate with the County. The applicant shall simultaneously tender any application fees established for review of such applications.

Development shall be deemed vested if a determination is made, in accordance with the procedures outlined herein, that an applicant has relied in good faith on reasonable grounds, upon an act or promise of the County related to the development involved and as a result of said reliance, has made a substantial change in position and incurred such extensive obligations, it would be inequitable or unjust to deny the development rights. In assessing whether these requirements have been met, the County shall consider:

A.

Those factors and circumstances that have been identified in Florida case law addressing equitable or vested rights.

B.

Whether the obligations and expenses incurred cannot be substantially utilized in a development that is consistent with the Comprehensive Plan and/or land development regulations adopted to implement the plan.

C.

The right to develop or to continue the development of property shall also be found to exist and the development shall be deemed vested if a determination is made by the County Manager that a valid and unexpired final development order was issued by the County, substantial development has occurred on a significant portion of the development and is continuing in good faith, in compliance with all conditions, regulations and limitations of the development order. For purposes of this Chapter, a "final development order" is defined as: any order granting, denying, or granting with conditions a building permit, construction permit, final subdivision approval, special use permit, conditional use, variance, or any other official action by Osceola County having the effect of permitting the development of land.

D.

Any development order which approved the development of land for a particular use or uses at a specified intensity of uses or uses and which allowed development activity on the land for which the development order was issued.

A.

An application for a vested rights determination relative to the Land Development Code shall be filed within one (1) year from the effective date of the Land Development Code, or within one (1) year of any change to the Land Development Code which affects the applicant's development rights. Failure to file for a vested rights determination within the specified time period shall be construed as a waiver of vested rights.

B.

Notwithstanding these provisions, the County Manager may in extraordinary circumstances allow a property owner to submit an application after the one (1) year deadline where such extension is necessary to avoid extreme hardship to the property owner.

The County Manager shall review each application to determine whether the application is technically complete. An incomplete application will not be further reviewed. The technical determination shall be made within twenty-one (21) calendar days after receipt of an application. If the application is determined to be incomplete, the applicant will be provided a written statement specifying the deficiencies.

A.

Within twenty-one (21) calendar days after the determination of a technically complete application, the County Manager shall review the application and make a final written decision approving or denying the vested rights application, and shall furnish a copy of the decision to the applicant by regular mail.

B.

During the County Manager's review, the applicant may present additional information or evidence in support of the application. Technical rules of evidence shall not be applicable. The County Manager shall accurately and completely preserve all testimony in the proceeding, but any party may cause a verbatim transcript to be made by a certified Florida Court reporter, at their own expense.

C.

The County Manager's decision to approve or deny a vested rights application shall be final subject to appeal as outlined in the Code.

D.

At any time during or after the application period, the County Manager may extend, in writing, the maximum calendar day response time set forth herein to a date certain.

A.

A vested rights determination may be suspended or revoked upon a showing by the County of a peril to public health, safety or general welfare of the residents of Osceola County unknown at the time of approval. In addition, a vested rights determination may be suspended or revoked upon a showing by the County that the determination was based upon false, inaccurate, misleading or incomplete information provided by the applicant.

B.

Development granted a certificate of vested rights shall not substantially deviate from the terms and conditions upon which the certificate was granted. Any substantial deviation as defined by Florida Statutes shall be reviewed and subject to approval by the County prior to the development, based upon the requirements of the Comprehensive Plan and Land Development Code. Any development constituting a substantial deviation without prior County approval shall result in the forfeiture of the vested rights certificate and any vested rights claim, as well as any other remedy permitted by law.

A.

A determination of vested rights shall expire and be null and void unless substantial construction is commenced pursuant to a final development approval, final subdivision plat, or final site development plan within two (2) years after the date of issuance of the determination of vested rights.

B.

Notwithstanding the foregoing, prior to the expiration of the time period set forth in the original vested rights certificate, the applicant may file one (1) request for a two (2) year extension of time, in accordance with the provisions for application of a vested rights determination. In reaching a decision, the County Manager shall consider whether the development is continuing in good faith and whether the denial of the request would cause an inequitable or unjust result.

C.

Notwithstanding the foregoing, any development for which a Binding Letter of Vested Rights has been issued by the state land planning agency or as outlined in the Osceola 2025 Comprehensive Plan, shall qualify for Vested Rights upon application as provided for herein.

D.

Any vested rights certificate issued by the County shall inure to the benefit of and run with the land to which it applies, and is therefore transferable from owner to owner of the land subject to the certificate.