summary
Introduced
01/07/2026
01/07/2026
In Committee
03/04/2026
03/04/2026
Crossed Over
03/04/2026
03/04/2026
Passed
Dead
03/13/2026
03/13/2026
Introduced Session
2026 Regular Session
Bill Summary
An act relating to impact fees; amending s. 163.3164, F.S.; defining the term "plan-based methodology"; amending s. 163.3177, F.S.; providing requirements for coordination mechanisms that are required for certain agreements required as part of the intergovernmental coordination element of a comprehensive plan; amending s. 163.3180, F.S.; requiring that a plan-based methodology used for certain interlocal agreements be consistent with certain comprehensive plan requirements; prohibiting certain interlocal agreements from extending beyond a specified date; deleting an exception to an applicability provision relating to concurrency; amending s. 163.31801, F.S.; defining the term "extraordinary circumstances"; requiring that a demonstrated-need study use a plan- based methodology for a certain purpose; requiring that certain capacity standards be specified in a certain impact fee study; requiring that a demonstrated-need study be accompanied by a certain declaration; requiring local governments, school districts, and special districts to use localized data for a certain purpose; prohibiting local governments, school districts, and special districts from using certain data for a specified purpose; prohibiting local governments, school districts, and special districts from including certain deductions in certain impact fee increases and from increasing impact fee rates beyond certain phase-in limitations by more than a specified percentage within a certain timeframe; providing that a prevailing petitioner is entitled to an impact fee overpayment refund, with interest, under certain circumstances; requiring local governments, school districts, and special districts to issue such refunds within a specified timeframe; providing that certain prevailing petitioners are entitled to reasonable attorney fees and costs; amending s. 212.055, F.S.; conforming a cross-reference; providing an effective date.
AI Summary
This bill modifies Florida's laws regarding impact fees, which are fees charged to developers to help fund public infrastructure and services needed to support new development. It introduces a "plan-based methodology" for impact fee studies, requiring them to use localized data to project growth over 10 years, anticipate infrastructure needs, and identify capital projects to address those needs, aligning with comprehensive plan requirements. The bill also clarifies coordination mechanisms for interlocal agreements between local governments and school districts, ensuring they address impacts on neighboring jurisdictions and provide mitigation funding. It sets new limitations on extending existing interlocal agreements for transportation impact fees, prohibiting them from extending beyond October 1, 2031, unless mutually agreed upon before that date. Furthermore, the bill defines "extraordinary circumstances" that might justify higher impact fee increases beyond standard phase-in limitations, requiring demonstrated need studies to use localized data, specify capacity standards, and include a declaration of how the increased fees will be used. It also prohibits using data older than four years for these studies, disallows certain deductions in fee increases, and limits the percentage by which impact fees can be raised beyond phase-in limitations within a four-year period. Finally, the bill establishes that a prevailing petitioner in a challenge to an impact fee is entitled to a refund of any overpayment with interest, and may also be awarded reasonable attorney fees and costs, with refunds to be issued within 90 days.
Committee Categories
Government Affairs, Housing and Urban Affairs
Sponsors (2)
Other Sponsors (2)
Intergovernmental Affairs Subcommittee (House), State Affairs Committee (House)
Last Action
Died in Rules (on 03/13/2026)
Official Document
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