Florida Senate - 2025                                     SB 482
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01476-25                                            2025482__
    1                        A bill to be entitled                      
    2         An act relating to local government; amending s.
    3         125.022, F.S.; prohibiting a county from requiring an
    4         applicant to take certain actions as a condition of
    5         processing a development permit or development order;
    6         amending s. 163.31801, F.S.; defining the term
    7         “extraordinary circumstances”; requiring that a
    8         demonstrated-need study include certain information;
    9         amending s. 166.033, F.S.; prohibiting a municipality
   10         from requiring an applicant to take certain actions as
   11         a condition of processing a development permit or
   12         development order; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (8) is added to section 125.022,
   17  Florida Statutes, to read:
   18         125.022 Development permits and orders.—
   19         (8) A county may not as a condition of processing or
   20  issuing a development permit or development order require an
   21  applicant to install a work of art, pay a fee for a work of art,
   22  or reimburse the county for any costs that the county may incur
   23  related to a work of art.
   24         Section 2. Present paragraphs (a) and (b) of subsection (3)
   25  of section 163.31801, Florida Statutes, are redesignated as
   26  paragraphs (b) and (c), respectively, a new paragraph (a) is
   27  added to that subsection, and paragraph (g) of subsection (6) of
   28  that section is amended, to read:
   29         163.31801 Impact fees; short title; intent; minimum
   30  requirements; audits; challenges.—
   31         (3) For purposes of this section, the term:
   32         (a) “Extraordinary circumstances” means:
   33         1. For a county, that the permanent population estimate
   34  determined for the county by the University of Florida Bureau of
   35  Economic and Business Research is at least 1.25 times the 5-year
   36  high-series population projection for the county as published by
   37  the University of Florida Bureau of Economic and Business
   38  Research immediately before the year of the population estimate;
   39  or
   40         2. For a municipality, that the municipality is located
   41  within a county with such a permanent population estimate and
   42  the municipality demonstrates that it has maintained a
   43  proportionate share of the county’s population growth during the
   44  preceding 5-year period.
   45         (6) A local government, school district, or special
   46  district may increase an impact fee only as provided in this
   47  subsection.
   48         (g) A local government, school district, or special
   49  district may increase an impact fee rate beyond the phase-in
   50  limitations established under paragraph (b), paragraph (c),
   51  paragraph (d), or paragraph (e) by establishing the need for
   52  such increase in full compliance with the requirements of
   53  subsection (4), provided the following criteria are met:
   54         1. A demonstrated-need study justifying any increase in
   55  excess of those authorized in paragraph (b), paragraph (c),
   56  paragraph (d), or paragraph (e) has been completed within the 12
   57  months before the adoption of the impact fee increase and
   58  expressly demonstrates the extraordinary circumstances
   59  necessitating the need to exceed the phase-in limitations. The
   60  demonstrated-need study must identify the specific projects that
   61  will benefit, and how such projects will benefit, from exceeding
   62  the phase-in limitations.
   63         2. The local government jurisdiction has held not less than
   64  two publicly noticed workshops dedicated to the extraordinary
   65  circumstances necessitating the need to exceed the phase-in
   66  limitations set forth in paragraph (b), paragraph (c), paragraph
   67  (d), or paragraph (e).
   68         3. The impact fee increase ordinance is approved by at
   69  least a two-thirds vote of the governing body.
   70         Section 3. Subsection (8) is added to section 166.033,
   71  Florida Statutes, to read:
   72         166.033 Development permits and orders.—
   73         (8) A municipality may not as a condition of processing or
   74  issuing a development permit or development order require an
   75  applicant to install a work of art, pay a fee for a work of art,
   76  or reimburse the municipality for any costs that the
   77  municipality may incur related to a work of art.
   78         Section 4. This act shall take effect July 1, 2025.