This bill amends various sections of Florida Statutes concerning growth management and impact fees, introducing the term "plan-based methodology." This methodology utilizes the most recent and localized data to project growth and assess capacity impacts over a 10-year period. The bill requires certain interlocal agreements to adopt this methodology and prohibits them from extending beyond a specified date. It also defines "extraordinary circumstances" and mandates that any demonstrated-need study for impact fee increases must utilize this plan-based methodology. Local governments, school districts, and special districts are required to use localized data, prohibiting the use of outdated data or certain deductions in impact fee increases. Additionally, the bill establishes that a prevailing petitioner in an impact fee challenge is entitled to a refund of any overpayment, including interest, and outlines provisions for reasonable attorney fees for successful petitioners.
Furthermore, the bill clarifies existing law regarding fixed capital expenditures related to public facilities, expanding the definition to include various governmental purposes such as fire stations and animal shelters. It also introduces provisions for private facilities that can be improved to serve as emergency shelters, requiring owners to contract with local governments to ensure availability for public use for a minimum of ten years post-improvement. The bill stipulates that at least 30% of units in residential housing projects must be affordable for families earning up to 120% of the area median income and allows local governments to allocate up to 15% of infrastructure surtax proceeds for economic development projects. Shared surtax revenues with eligible charter schools must be allocated based on enrollment and used according to existing regulations. The act is set to take effect on July 1, 2026.
Statutes affected: S 548 Filed: 163.3180, 212.055
S 548 c1: 163.3177, 163.3180, 212.055