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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local government impact fees and 2
development permits and orders; amending s. 125.022, 3
F.S.; prohibiting a county from requiring an applicant 4
to take certain actions as a condition of processing 5
or issuing a development permit or developm ent order; 6
providing that any ordinance or regulation in conflict 7
is void and unenforceable; amending s. 163.3164, F.S.; 8
defining the term "plan -based methodology"; amending 9
s. 163.31801, F.S.; defining the term "extraordinary 10
circumstances"; requiring the completion of a 11
demonstrated-need study using a plan -based methodology 12
before the adoption of an impact fee increase which 13
expressly demonstrates certain extraordinary 14
circumstances; prohibiting increases in certain impact 15
fees unless specified extraordin ary circumstances are 16
demonstrated; prohibiting a local government from 17
increasing an impact fee rate under certain 18
circumstances; amending s. 166.033, F.S.; prohibiting 19
a municipality from requiring an applicant to take 20
certain actions as a condition of p rocessing or 21
issuing a development permit or development order; 22
providing that any ordinance or regulation in conflict 23
is void and unenforceable; amending s. 212.055, F.S.; 24
conforming a cross-reference; providing an effective 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Subsection (8) is added to section 125.022, 30
Florida Statutes, to read: 31
125.022 Development permits and orders. — 32
(8) A county may not as a condition of processing or 33
issuing any development permit o r development order require an 34
applicant to install a work of art, pay a fee for a work of art, 35
or reimburse the county for any costs that the county may incur 36
related to a work of art. Any ordinance or regulation in 37
conflict with this subsection is void a nd unenforceable. 38
Section 2. Subsections (39) through (54) of section 39
163.3164, Florida Statutes, are renumbered as subsections (40) 40
through (55), respectively, and a new subsection (39) is added 41
to that section to read: 42
163.3164 Community Planning A ct; definitions.—As used in 43
this act: 44
(39) "Plan-based methodology" means the use of the most 45
recent and localized data to project growth within a 46
jurisdiction over a 6 -year period and the anticipated capacity 47
impacts created by that projected growth, an d the creation of a 48
list of capital improvements or infrastructure as defined in s. 49
163.31801(3) to be constructed in a defined time period to 50
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mitigate those impacts as part of a new or updated impact fee 51
study. 52
Section 3. Paragraphs (a) and (b) of sub section (3) of 53
section 163.31801, Florida Statutes, are redesignated as 54
paragraphs (b) and (c), respectively, a new paragraph (a) is 55
added to that subsection, and paragraph (g) of subsection (6) of 56
that section is amended, to read: 57
163.31801 Impact fees; short title; intent; minimum 58
requirements; audits; challenges. — 59
(3) For purposes of this section, the term: 60
(a) "Extraordinary circumstances" means the measurable 61
effects of development which will require mitigation by the 62
affected local government an d which exceed the total of the 63
current adopted impact fee amount combined with any increase as 64
provided in paragraphs (6)(c), (d), and (e) in less than 4 65
years. 66
(6) A local government, school district, or special 67
district may increase an impact fee only as provided in this 68
subsection. 69
(g) A local government, school district, or special 70
district may increase an impact fee rate beyond the phase -in 71
limitations established under paragraph (b), paragraph (c), 72
paragraph (d), or paragraph (e) by establishing the need for 73
such increase in full compliance with the requirements of 74
subsection (4), provided the following criteria are met: 75
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1. A demonstrated-need study using a plan-based 76
methodology justifying any increase in excess of those 77
authorized in paragraph (b), paragraph (c), paragraph (d), or 78
paragraph (e) has been completed within the 12 months before the 79
adoption of the impact fee increase and expressly demonstrates 80
the extraordinary circ umstances necessitating the need to exceed 81
the phase-in limitations. 82
a. An increase in a nontransportation impact fee may not 83
be adopted unless the extraordinary circumstances demonstrated 84
in the demonstrated-need study include at least two of the 85
following: 86
(I) The population of the local government jurisdiction 87
over the past 5 years exceeds, by at least 10 percent, the 88
population estimates and projections used to justify the most 89
recent impact fee increase. 90
(II) The average number of building permit s issued by the 91
local government over the past 5 years exceeds, by at least 10 92
percent, the building permit estimates and projections used to 93
justify the most recent impact fee increase. 94
(III) The employment base within the local jurisdiction 95
over the past 5 years exceeds the employment estimates and 96
projections used to justify the most recent impact fee. 97
(IV) The existing level of service grade will be lowered 98
without an increase in the impact fee rate. 99
b. An increase in a transportation impact fee m ay not be 100
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adopted unless the extraordinary circumstances demonstrated in 101
the demonstrated-need study include at least three of the 102
following: 103
(I) Any condition provided in sub -subparagraph a. 104
(II) Cost growth over the past 5 years which exceeds, by 105
an average of at least 10 percent, the Federal Highway 106
Administration's National Highway Construction Cost Index 107
average used to justify the previous impact fee increase. 108
(III) The vehicle miles traveled in the past 5 years 109
exceed, by at least 10 percent, t he Department of 110
Transportation's vehicle miles traveled index average used to 111
justify the most recent impact fee. 112
(IV) The per-lane mile cost estimates for construction for 113
the past 5 years exceed, by at least 10 percent, the Department 114
of Transportation's average used to justify the most recent 115
impact fee. 116
c. An increase in an impact fee for an independent special 117
district may not be adopted unless the extraordinary 118
circumstances demonstrated in the demonstrated -need study 119
include all of the following : 120
(I) The amount of growth experienced in the past 5 years 121
and anticipated within the district requires a significant 122
immediate infrastructure investment to serve such growth which 123
will need to be financed by the special district with impact 124
fees. 125
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(II) The cost of infrastructure investment required to be 126
financed by the district in the next 5 years is increasing the 127
need for public facilities and has a direct impact on the fee 128
amount needed to finance the additional infrastructure for the 129
benefit of the growth. 130
(III) The existing level of service will be impacted 131
without an increase in the impact fee rate. 132
2. The local government jurisdiction has held not fewer 133
less than two publicly noticed workshops dedicated to the 134
extraordinary circumstances nece ssitating the need to exceed the 135
phase-in limitations set forth in paragraph (b), paragraph (c), 136
paragraph (d), or paragraph (e). 137
3. The impact fee increase ordinance is approved by at 138
least a two-thirds vote of the governing body. 139
140
A local government ma y not increase an impact fee rate beyond 141
the phase-in limitations under this paragraph if the local 142
government has not increased the impact fee within the past 5 143
years. Any year in which the local government is prohibited from 144
increasing an impact fee beca use the jurisdiction is in a 145
hurricane disaster area is not included in the 5 -year period. 146
Section 4. Subsection (8) is added to section 166.033, 147
Florida Statutes, to read: 148
166.033 Development permits and orders. — 149
(8) A municipality may not as a co ndition of processing or 150
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issuing any development permit or development order require an 151
applicant to install a work of art, pay a fee for a work of art, 152
or reimburse the municipality for any costs that the 153
municipality may incur related to a work of art. A ny ordinance 154
or regulation in conflict with this subsection is void and 155
unenforceable. 156
Section 5. Paragraph (d) of subsection (2) of section 157
212.055, Florida Statutes, is amended to read: 158
212.055 Discretionary sales surtaxes; legislative intent; 159
authorization and use of proceeds. —It is the legislative intent 160
that any authorization for imposition of a discretionary sales 161
surtax shall be published in the Florida Statutes as a 162
subsection of this section, irrespective of the duration of the 163
levy. Each enactment shall specify the types of counties 164
authorized to levy; the rate or rates which may be imposed; the 165
maximum length of time the surtax may be imposed, if any; the 166
procedure which must be followed to secure voter approval, if 167
required; the purpose for which the proceeds may be expended; 168
and such other requirements as the Legislature may provide. 169
Taxable transactions and administrative procedures shall be as 170
provided in s. 212.054. 171
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 172
(d) The proceeds of the surtax authorized by this 173
subsection and any accrued interest shall be expended by the 174
school district, within the county and municipalities within the 175
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county, or, in the case of a negotiated joint county agreement, 176
within another county, to finance, plan , and construct 177
infrastructure; to acquire any interest in land for public 178
recreation, conservation, or protection of natural resources or 179
to prevent or satisfy private property rights claims resulting 180
from limitations imposed by the designation of an area of 181
critical state concern; to provide loans, grants, or rebates to 182
residential or commercial property owners who make energy 183
efficiency improvements to their residential or commercial 184
property, if a local government ordinance authorizing such use 185
is approved by referendum; or to finance the closure of county -186
owned or municipally owned solid waste landfills that have been 187
closed or are required to be closed by order of the Department 188
of Environmental Protection. Any use of the proceeds or interest 189
for purposes of landfill closure before July 1, 1993, is 190
ratified. The proceeds and any interest may not be used for the 191
operational expenses of infrastructure, except that a county 192
that has a population of fewer than 75,000 and that is required 193
to close a landfill may use the proceeds or interest for long -194
term maintenance costs associated with landfill closure. 195
Counties, as defined in s. 125.011, and charter counties may, in 196
addition, use the proceeds or interest to retire or service 197
indebtedness incurred for bonds issued before July 1, 1987, for 198
infrastructure purposes, and for bonds subsequently issued to 199
refund such bonds. Any use of the proceeds or interest for 200
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purposes of retiring or servicing indebtedness incurred for 201
refunding bonds before July 1, 1999, is ra tified. 202
1. For the purposes of this paragraph, the term 203
"infrastructure" means: 204
a. Any fixed capital expenditure or fixed capital outlay 205
associated with the construction, reconstruction, or improvement 206
of public facilities that have a life expectancy o f 5 or more 207
years, any related land acquisition, land improvement, design, 208
and engineering costs, and all other professional and related 209
costs required to bring the public facilities into service. For 210
purposes of this sub -subparagraph, the term "public fac ilities" 211
means facilities as defined in s. 163.3164 s. 163.3164(41), s. 212
163.3221(13), or s. 189.012(5), and includes facilities that are 213
necessary to carry out governmental purposes, including, but not 214
limited to, fire stations, general governmental office 215
buildings, and animal shelters, regardless of whether the 216
facilities are owned by the local taxing authority or another 217
governmental entity. 218
b. A fire department vehicle, an emergency medical service 219
vehicle, a sheriff's office vehicle, a police departm ent 220
vehicle, or any other vehicle, and the equipment necessary to 221
outfit the vehicle for its official use or equipment that has a 222
life expectancy of at least 5 years. 223
c. Any expenditure for the construction, lease, or 224
maintenance of, or provision of utilities or security for, 225
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facilities, as defined in s. 29.008. 226
d. Any fixed capital expenditure or fixed capital outlay 227
associated with the improvement of private facili ties that have 228
a life expectancy of 5 or more years and that the owner agrees 229
to make available for use on a temporary basis as needed by a 230
local government as a public emergency shelter or a staging area 231
for emergency response equipment during an emergenc y officially 232
declared by the state or by the local government under s. 233
252.38. Such improvements are limited to those necessary to 234
comply with current standards for public emergency evacuation 235
shelters. The owner must enter into a written contract with the 236
local government providing the improvement funding to make the 237
private facility available to the public for purposes of 238
emergency shelter at no cost to the local government for a 239
minimum of 10 years after completion of the improvement, with 240
the provision that the obligation will transfer to any 241
subsequent owner until the end of the minimum period. 242
e. Any land acquisition expenditure for a residential 243
housing project in which at least 30 percent of the units are 244
affordable to individuals or families whose total annual 245
household income does not exceed 120 percent of the area median 246
income adjusted for household size, if the land is owned by a 247
local government or by a special district that enters into a 248
written agreement with the local government to provide such 249
housing. The local government or special district may enter into 250
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a ground lease with a public or private person or entity for 251
nominal or other consideration for the construction of the 252
residential housing project on land acquired pursuant to this 253
sub-subparagraph. 254
f. Instructional technology used solely in a school 255
district's classrooms. As used in this sub -subparagraph, the 256
term "instructional technology" means an interactive device that 257
assists a teacher in instructing a class or a group of student s 258
and includes the necessary hardware and software to operate the 259
interactive device. The term also includes support systems in 260
which an interactive device may mount and is not required to be 261
affixed to the facilities. 262
2. For the purposes of this paragra ph, the term "energy 263
efficiency improvement" means any energy conservation and 264
efficiency improvement that reduces consumption through 265
conservation or a more efficient use of electricity, natural 266
gas, propane, or other forms of energy on the property, 267
including, but not limited to, air sealing; installation of 268
insulation; installation of energy -efficient heating, cooling, 269
or ventilation systems; installation of solar panels; building 270
modifications to increase the use of daylight or shade; 271
replacement of windows; installation of energy controls or 272
energy recovery systems; installation of electric vehicle 273
charging equipment; installation of systems for natural gas fuel 274
as defined in s. 206.9951; and installation of efficient 275
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lighting equipment. 276
3. Notwithstanding any other provision of this subsection, 277
a local government infrastructure surtax imposed or extended 278
after July 1, 1998, may allocate up to 15 percent of the surtax 279
proceeds for deposit into a trust fund within the county's 280
accounts created for the p urpose of funding economic development 281
projects having a general public purpose of improving local 282
economies, including the funding of operational costs and 283
incentives related to economic development. The ballot statement 284
must indicate the intention to mak e an allocation under the 285
authority of this subparagraph. 286
Section 6. This act shall take effect July 1, 2025. 287