FL
Florida House Bill H0665

Florida 2025 Regular Session

Florida House Bill H0665 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to local government impact fees and 2
1616 development permits and orders; amending s. 125.022, 3
1717 F.S.; prohibiting a county from requiring an applicant 4
18-to take certain actions as a condition of processing 5
19-or issuing a development permit or developm ent order; 6
20-providing that any ordinance or regulation in conflict 7
21-is void and unenforceable; amending s. 163.3164, F.S.; 8
22-defining the term "plan -based methodology"; amending 9
23-s. 163.31801, F.S.; defining the term "extraordinary 10
24-circumstances"; requiring the completion of a 11
25-demonstrated-need study using a plan -based methodology 12
26-before the adoption of an impact fee increase which 13
27-expressly demonstrates certain extraordinary 14
28-circumstances; prohibiting increases in certain impact 15
29-fees unless specified extraordin ary circumstances are 16
30-demonstrated; prohibiting a local government from 17
31-increasing an impact fee rate under certain 18
32-circumstances; amending s. 166.033, F.S.; prohibiting 19
33-a municipality from requiring an applicant to take 20
34-certain actions as a condition of p rocessing or 21
35-issuing a development permit or development order; 22
36-providing that any ordinance or regulation in conflict 23
37-is void and unenforceable; amending s. 212.055, F.S.; 24
38-conforming a cross-reference; providing an effective 25
18+to take certain actions as a condition of processing a 5
19+development permit or development order; amending s. 6
20+163.31801, F.S.; defining the term "extraordinary 7
21+circumstances"; requiring that a demonstrated -need 8
22+study include certain information; amending s. 9
23+166.033, F.S.; prohibiting a municipality from 10
24+requiring an applicant to take certain actions as a 11
25+condition of processing a development permit or 12
26+development order; providing an effective date. 13
27+ 14
28+Be It Enacted by the Legislature of the State of Flori da: 15
29+ 16
30+ Section 1. Subsection (8) is added to section 125.022, 17
31+Florida Statutes, to read: 18
32+ 125.022 Development permits and orders. — 19
33+ (8) A county may not as a condition of processing or 20
34+issuing a development permit or development order require an 21
35+applicant to install a work of art, pay a fee for a work of art, 22
36+or reimburse the county for any costs that the county may incur 23
37+related to a work of art. 24
38+ Section 2. Present paragraphs (a) and (b) of subsection 25
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4747 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
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51-date. 26
52- 27
53-Be It Enacted by the Legislature of the State of Florida: 28
54- 29
55- Section 1. Subsection (8) is added to section 125.022, 30
56-Florida Statutes, to read: 31
57- 125.022 Development permits and orders. — 32
58- (8) A county may not as a condition of processing or 33
59-issuing any development permit o r development order require an 34
60-applicant to install a work of art, pay a fee for a work of art, 35
61-or reimburse the county for any costs that the county may incur 36
62-related to a work of art. Any ordinance or regulation in 37
63-conflict with this subsection is void a nd unenforceable. 38
64- Section 2. Subsections (39) through (54) of section 39
65-163.3164, Florida Statutes, are renumbered as subsections (40) 40
66-through (55), respectively, and a new subsection (39) is added 41
67-to that section to read: 42
68- 163.3164 Community Planning A ct; definitions.—As used in 43
69-this act: 44
70- (39) "Plan-based methodology" means the use of the most 45
71-recent and localized data to project growth within a 46
72-jurisdiction over a 6 -year period and the anticipated capacity 47
73-impacts created by that projected growth, an d the creation of a 48
74-list of capital improvements or infrastructure as defined in s. 49
75-163.31801(3) to be constructed in a defined time period to 50
51+(3) of section 163.31801, Florida Statutes, are redesignated as 26
52+paragraphs (b) and (c), respectively, a new paragraph (a) is 27
53+added to that subsection, and paragraph (g) of subsection (6) of 28
54+that section is amended, to read: 29
55+ 163.31801 Impact fees; short title; intent; minimum 30
56+requirements; audits; cha llenges.— 31
57+ (3) For purposes of this section, the term: 32
58+ (a) "Extraordinary circumstances" means: 33
59+ 1. For a county, that the permanent population estimate 34
60+determined for the county by the University of Florida Bureau of 35
61+Economic and Business Research is at least 1.25 times the 5 -year 36
62+high-series population projection for the county as published by 37
63+the University of Florida Bureau of Economic and Business 38
64+Research immediately before the year of the population estimate; 39
65+or 40
66+ 2. For a municipality, that the municipality is located 41
67+within a county with such a permanent population estimate and 42
68+the municipality demonstrates that it has maintained a 43
69+proportionate share of the county's population growth during the 44
70+preceding 5-year period. 45
71+ (6) A local government, school district, or special 46
72+district may increase an impact fee only as provided in this 47
73+subsection. 48
74+ (g) A local government, school district, or special 49
75+district may increase an impact fee rate beyond the phase -in 50
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8484 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
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88-mitigate those impacts as part of a new or updated impact fee 51
89-study. 52
90- Section 3. Paragraphs (a) and (b) of sub section (3) of 53
91-section 163.31801, Florida Statutes, are redesignated as 54
92-paragraphs (b) and (c), respectively, a new paragraph (a) is 55
93-added to that subsection, and paragraph (g) of subsection (6) of 56
94-that section is amended, to read: 57
95- 163.31801 Impact fees; short title; intent; minimum 58
96-requirements; audits; challenges. — 59
97- (3) For purposes of this section, the term: 60
98- (a) "Extraordinary circumstances" means the measurable 61
99-effects of development which will require mitigation by the 62
100-affected local government an d which exceed the total of the 63
101-current adopted impact fee amount combined with any increase as 64
102-provided in paragraphs (6)(c), (d), and (e) in less than 4 65
103-years. 66
104- (6) A local government, school district, or special 67
105-district may increase an impact fee only as provided in this 68
106-subsection. 69
107- (g) A local government, school district, or special 70
108-district may increase an impact fee rate beyond the phase -in 71
109-limitations established under paragraph (b), paragraph (c), 72
110-paragraph (d), or paragraph (e) by establishing the need for 73
111-such increase in full compliance with the requirements of 74
112-subsection (4), provided the following criteria are met: 75
88+limitations established under paragraph (b), paragraph (c), 51
89+paragraph (d), or paragraph (e) by establishing the need for 52
90+such increase in full compliance with the requirements of 53
91+subsection (4), provided the following criteria are met: 54
92+ 1. A demonstrated-need study justifying any increase in 55
93+excess of those authorized in paragraph (b), paragraph (c), 56
94+paragraph (d), or paragraph (e) has been completed within the 12 57
95+months before the adoption of the impact fee increase and 58
96+expressly demonstrates the extraordinary circumstances 59
97+necessitating the need to exceed the phase -in limitations. The 60
98+demonstrated-need study must identify the specific projects that 61
99+will benefit, and how such projects will benefit, from exceeding 62
100+the phase-in limitations. 63
101+ 2. The local government jurisdiction has held not less 64
102+than two publicly noticed workshops dedicated to the 65
103+extraordinary circumstances necessitating the need to exceed the 66
104+phase-in limitations set forth in paragraph (b), paragraph (c), 67
105+paragraph (d), or paragraph (e). 68
106+ 3. The impact fee increase ordinance i s approved by at 69
107+least a two-thirds vote of the governing body. 70
108+ Section 3. Subsection (8) is added to section 166.033, 71
109+Florida Statutes, to read: 72
110+ 166.033 Development permits and orders. — 73
111+ (8) A municipality may not as a condition of processing or 74
112+issuing a development permit or development order require an 75
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121121 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
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125- 1. A demonstrated-need study using a plan-based 76
126-methodology justifying any increase in excess of those 77
127-authorized in paragraph (b), paragraph (c), paragraph (d), or 78
128-paragraph (e) has been completed within the 12 months before the 79
129-adoption of the impact fee increase and expressly demonstrates 80
130-the extraordinary circ umstances necessitating the need to exceed 81
131-the phase-in limitations. 82
132- a. An increase in a nontransportation impact fee may not 83
133-be adopted unless the extraordinary circumstances demonstrated 84
134-in the demonstrated-need study include at least two of the 85
135-following: 86
136- (I) The population of the local government jurisdiction 87
137-over the past 5 years exceeds, by at least 10 percent, the 88
138-population estimates and projections used to justify the most 89
139-recent impact fee increase. 90
140- (II) The average number of building permit s issued by the 91
141-local government over the past 5 years exceeds, by at least 10 92
142-percent, the building permit estimates and projections used to 93
143-justify the most recent impact fee increase. 94
144- (III) The employment base within the local jurisdiction 95
145-over the past 5 years exceeds the employment estimates and 96
146-projections used to justify the most recent impact fee. 97
147- (IV) The existing level of service grade will be lowered 98
148-without an increase in the impact fee rate. 99
149- b. An increase in a transportation impact fee m ay not be 100
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158-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
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162-adopted unless the extraordinary circumstances demonstrated in 101
163-the demonstrated-need study include at least three of the 102
164-following: 103
165- (I) Any condition provided in sub -subparagraph a. 104
166- (II) Cost growth over the past 5 years which exceeds, by 105
167-an average of at least 10 percent, the Federal Highway 106
168-Administration's National Highway Construction Cost Index 107
169-average used to justify the previous impact fee increase. 108
170- (III) The vehicle miles traveled in the past 5 years 109
171-exceed, by at least 10 percent, t he Department of 110
172-Transportation's vehicle miles traveled index average used to 111
173-justify the most recent impact fee. 112
174- (IV) The per-lane mile cost estimates for construction for 113
175-the past 5 years exceed, by at least 10 percent, the Department 114
176-of Transportation's average used to justify the most recent 115
177-impact fee. 116
178- c. An increase in an impact fee for an independent special 117
179-district may not be adopted unless the extraordinary 118
180-circumstances demonstrated in the demonstrated -need study 119
181-include all of the following : 120
182- (I) The amount of growth experienced in the past 5 years 121
183-and anticipated within the district requires a significant 122
184-immediate infrastructure investment to serve such growth which 123
185-will need to be financed by the special district with impact 124
186-fees. 125
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195-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
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199- (II) The cost of infrastructure investment required to be 126
200-financed by the district in the next 5 years is increasing the 127
201-need for public facilities and has a direct impact on the fee 128
202-amount needed to finance the additional infrastructure for the 129
203-benefit of the growth. 130
204- (III) The existing level of service will be impacted 131
205-without an increase in the impact fee rate. 132
206- 2. The local government jurisdiction has held not fewer 133
207-less than two publicly noticed workshops dedicated to the 134
208-extraordinary circumstances nece ssitating the need to exceed the 135
209-phase-in limitations set forth in paragraph (b), paragraph (c), 136
210-paragraph (d), or paragraph (e). 137
211- 3. The impact fee increase ordinance is approved by at 138
212-least a two-thirds vote of the governing body. 139
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214-A local government ma y not increase an impact fee rate beyond 141
215-the phase-in limitations under this paragraph if the local 142
216-government has not increased the impact fee within the past 5 143
217-years. Any year in which the local government is prohibited from 144
218-increasing an impact fee beca use the jurisdiction is in a 145
219-hurricane disaster area is not included in the 5 -year period. 146
220- Section 4. Subsection (8) is added to section 166.033, 147
221-Florida Statutes, to read: 148
222- 166.033 Development permits and orders. — 149
223- (8) A municipality may not as a co ndition of processing or 150
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232-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
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236-issuing any development permit or development order require an 151
237-applicant to install a work of art, pay a fee for a work of art, 152
238-or reimburse the municipality for any costs that the 153
239-municipality may incur related to a work of art. A ny ordinance 154
240-or regulation in conflict with this subsection is void and 155
241-unenforceable. 156
242- Section 5. Paragraph (d) of subsection (2) of section 157
243-212.055, Florida Statutes, is amended to read: 158
244- 212.055 Discretionary sales surtaxes; legislative intent; 159
245-authorization and use of proceeds. —It is the legislative intent 160
246-that any authorization for imposition of a discretionary sales 161
247-surtax shall be published in the Florida Statutes as a 162
248-subsection of this section, irrespective of the duration of the 163
249-levy. Each enactment shall specify the types of counties 164
250-authorized to levy; the rate or rates which may be imposed; the 165
251-maximum length of time the surtax may be imposed, if any; the 166
252-procedure which must be followed to secure voter approval, if 167
253-required; the purpose for which the proceeds may be expended; 168
254-and such other requirements as the Legislature may provide. 169
255-Taxable transactions and administrative procedures shall be as 170
256-provided in s. 212.054. 171
257- (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 172
258- (d) The proceeds of the surtax authorized by this 173
259-subsection and any accrued interest shall be expended by the 174
260-school district, within the county and municipalities within the 175
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269-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
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273-county, or, in the case of a negotiated joint county agreement, 176
274-within another county, to finance, plan , and construct 177
275-infrastructure; to acquire any interest in land for public 178
276-recreation, conservation, or protection of natural resources or 179
277-to prevent or satisfy private property rights claims resulting 180
278-from limitations imposed by the designation of an area of 181
279-critical state concern; to provide loans, grants, or rebates to 182
280-residential or commercial property owners who make energy 183
281-efficiency improvements to their residential or commercial 184
282-property, if a local government ordinance authorizing such use 185
283-is approved by referendum; or to finance the closure of county -186
284-owned or municipally owned solid waste landfills that have been 187
285-closed or are required to be closed by order of the Department 188
286-of Environmental Protection. Any use of the proceeds or interest 189
287-for purposes of landfill closure before July 1, 1993, is 190
288-ratified. The proceeds and any interest may not be used for the 191
289-operational expenses of infrastructure, except that a county 192
290-that has a population of fewer than 75,000 and that is required 193
291-to close a landfill may use the proceeds or interest for long -194
292-term maintenance costs associated with landfill closure. 195
293-Counties, as defined in s. 125.011, and charter counties may, in 196
294-addition, use the proceeds or interest to retire or service 197
295-indebtedness incurred for bonds issued before July 1, 1987, for 198
296-infrastructure purposes, and for bonds subsequently issued to 199
297-refund such bonds. Any use of the proceeds or interest for 200
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306-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
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310-purposes of retiring or servicing indebtedness incurred for 201
311-refunding bonds before July 1, 1999, is ra tified. 202
312- 1. For the purposes of this paragraph, the term 203
313-"infrastructure" means: 204
314- a. Any fixed capital expenditure or fixed capital outlay 205
315-associated with the construction, reconstruction, or improvement 206
316-of public facilities that have a life expectancy o f 5 or more 207
317-years, any related land acquisition, land improvement, design, 208
318-and engineering costs, and all other professional and related 209
319-costs required to bring the public facilities into service. For 210
320-purposes of this sub -subparagraph, the term "public fac ilities" 211
321-means facilities as defined in s. 163.3164 s. 163.3164(41), s. 212
322-163.3221(13), or s. 189.012(5), and includes facilities that are 213
323-necessary to carry out governmental purposes, including, but not 214
324-limited to, fire stations, general governmental office 215
325-buildings, and animal shelters, regardless of whether the 216
326-facilities are owned by the local taxing authority or another 217
327-governmental entity. 218
328- b. A fire department vehicle, an emergency medical service 219
329-vehicle, a sheriff's office vehicle, a police departm ent 220
330-vehicle, or any other vehicle, and the equipment necessary to 221
331-outfit the vehicle for its official use or equipment that has a 222
332-life expectancy of at least 5 years. 223
333- c. Any expenditure for the construction, lease, or 224
334-maintenance of, or provision of utilities or security for, 225
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343-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
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347-facilities, as defined in s. 29.008. 226
348- d. Any fixed capital expenditure or fixed capital outlay 227
349-associated with the improvement of private facili ties that have 228
350-a life expectancy of 5 or more years and that the owner agrees 229
351-to make available for use on a temporary basis as needed by a 230
352-local government as a public emergency shelter or a staging area 231
353-for emergency response equipment during an emergenc y officially 232
354-declared by the state or by the local government under s. 233
355-252.38. Such improvements are limited to those necessary to 234
356-comply with current standards for public emergency evacuation 235
357-shelters. The owner must enter into a written contract with the 236
358-local government providing the improvement funding to make the 237
359-private facility available to the public for purposes of 238
360-emergency shelter at no cost to the local government for a 239
361-minimum of 10 years after completion of the improvement, with 240
362-the provision that the obligation will transfer to any 241
363-subsequent owner until the end of the minimum period. 242
364- e. Any land acquisition expenditure for a residential 243
365-housing project in which at least 30 percent of the units are 244
366-affordable to individuals or families whose total annual 245
367-household income does not exceed 120 percent of the area median 246
368-income adjusted for household size, if the land is owned by a 247
369-local government or by a special district that enters into a 248
370-written agreement with the local government to provide such 249
371-housing. The local government or special district may enter into 250
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384-a ground lease with a public or private person or entity for 251
385-nominal or other consideration for the construction of the 252
386-residential housing project on land acquired pursuant to this 253
387-sub-subparagraph. 254
388- f. Instructional technology used solely in a school 255
389-district's classrooms. As used in this sub -subparagraph, the 256
390-term "instructional technology" means an interactive device that 257
391-assists a teacher in instructing a class or a group of student s 258
392-and includes the necessary hardware and software to operate the 259
393-interactive device. The term also includes support systems in 260
394-which an interactive device may mount and is not required to be 261
395-affixed to the facilities. 262
396- 2. For the purposes of this paragra ph, the term "energy 263
397-efficiency improvement" means any energy conservation and 264
398-efficiency improvement that reduces consumption through 265
399-conservation or a more efficient use of electricity, natural 266
400-gas, propane, or other forms of energy on the property, 267
401-including, but not limited to, air sealing; installation of 268
402-insulation; installation of energy -efficient heating, cooling, 269
403-or ventilation systems; installation of solar panels; building 270
404-modifications to increase the use of daylight or shade; 271
405-replacement of windows; installation of energy controls or 272
406-energy recovery systems; installation of electric vehicle 273
407-charging equipment; installation of systems for natural gas fuel 274
408-as defined in s. 206.9951; and installation of efficient 275
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417-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
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421-lighting equipment. 276
422- 3. Notwithstanding any other provision of this subsection, 277
423-a local government infrastructure surtax imposed or extended 278
424-after July 1, 1998, may allocate up to 15 percent of the surtax 279
425-proceeds for deposit into a trust fund within the county's 280
426-accounts created for the p urpose of funding economic development 281
427-projects having a general public purpose of improving local 282
428-economies, including the funding of operational costs and 283
429-incentives related to economic development. The ballot statement 284
430-must indicate the intention to mak e an allocation under the 285
431-authority of this subparagraph. 286
432- Section 6. This act shall take effect July 1, 2025. 287
125+applicant to install a work of art, pay a fee for a work of art, 76
126+or reimburse the municipality for any costs that the 77
127+municipality may incur related to a work of art. 78
128+ Section 4. This act shall take effect July 1, 2025. 79