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THE BILL ITSELF

CS/SB 548

Growth Management

VERSION S 548 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 548 By the Committee on Community Affairs; and Senator McClain 578-02033-26 2026548c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3164, F.S.; defining the term “plan-based
4 methodology”; amending s. 163.3177, F.S.; providing
5 requirements for coordination mechanisms that are
6 required for certain agreements required as part of
7 the intergovernmental coordination element of a
8 comprehensive plan; amending s. 163.3180, F.S.;
9 requiring that certain interlocal agreements use a
10 plan-based methodology for a certain purpose;
11 prohibiting certain interlocal agreements from
12 extending beyond a specified date; deleting an
13 exception to an applicability provision relating to
14 concurrency; amending s. 163.31801, F.S.; defining the
15 term “extraordinary circumstances”; requiring that a
16 demonstrated-need study use a plan-based methodology
17 for a certain purpose; requiring that certain capacity
18 standards be specified in a certain impact fee study;
19 requiring that a demonstrated-need study be
20 accompanied by a certain declaration; requiring local
21 governments, school districts, and special districts
22 to use localized data for a certain purpose;
23 prohibiting local governments, school districts, and
24 special districts from using certain data for a
25 specified purpose; prohibiting local governments,
26 school districts, and special districts from including
27 certain deductions in certain impact fee increases and
28 from increasing impact fee rates beyond certain phase
29 in limitations by more than a specified percentage
30 within a certain timeframe; providing that a
31 prevailing petitioner is entitled to an impact fee
32 overpayment refund, with interest, under certain
33 circumstances; requiring local governments, school
34 districts, and special districts to issue such refunds
35 within a specified timeframe; providing that certain
36 prevailing petitioners are entitled to reasonable
37 attorney fees and costs; amending s. 212.055, F.S.;
38 conforming a cross-reference; providing an effective
39 date.
41 Be It Enacted by the Legislature of the State of Florida:
43 Section 1. Present subsections (39) through (54) of section
44 163.3164, Florida Statutes, are redesignated as subsections (40)
45 through (55), respectively, and a new subsection (39) is added
46 to that section, to read:
47 163.3164 Community Planning Act; definitions.—As used in
48 this act:
49 (39) “Plan-based methodology” means a study methodology
50 that uses the most recent and localized data to project growth
51 within a jurisdiction over a 10-year period, anticipate capacity
52 impacts on relevant systems which will be created by the
53 projected growth, and establish a list of capital projects to be
54 constructed or purchased in a defined time period to mitigate
55 the anticipated capacity impacts as part of a new or updated
56 impact fee study. The capital projects identified in the study
57 and any necessary interlocal agreement must comport with the
58 requirements of s. 163.3177(6)(h).
59 Section 2. Paragraph (h) of subsection (6) of section
60 163.3177, Florida Statutes, is amended to read:
61 163.3177 Required and optional elements of comprehensive
62 plan; studies and surveys.—
63 (6) In addition to the requirements of subsections (1)-(5),
64 the comprehensive plan shall include the following elements:
65 (h)1. An intergovernmental coordination element showing
66 relationships and stating principles and guidelines to be used
67 in coordinating the adopted comprehensive plan with the plans of
68 school boards, regional water supply authorities, and other
69 units of local government providing services but not having
70 regulatory authority over the use of land, with the
71 comprehensive plans of adjacent municipalities, the county,
72 adjacent counties, or the region, with the state comprehensive
73 plan and with the applicable regional water supply plan approved
74 pursuant to s. 373.709, as the case may require and as such
75 adopted plans or plans in preparation may exist. This element of
76 the local comprehensive plan must demonstrate consideration of
77 the particular effects of the local plan, when adopted, upon the
78 development of adjacent municipalities, the county, adjacent
79 counties, or the region, or upon the state comprehensive plan,
80 as the case may require.
81 a. The intergovernmental coordination element must provide
82 procedures for identifying and implementing joint planning
83 areas, especially for the purpose of annexation, municipal
84 incorporation, and joint infrastructure service areas.
85 b. The intergovernmental coordination element shall provide
86 for a dispute resolution process, as established pursuant to s.
87 186.509, for bringing intergovernmental disputes to closure in a
88 timely manner.
89 c. The intergovernmental coordination element shall provide
90 for interlocal agreements as established pursuant to s.
91 333.03(1)(b).
92 2. The intergovernmental coordination element shall also
93 state principles and guidelines to be used in coordinating the
94 adopted comprehensive plan with the plans of school boards and
95 other units of local government providing facilities and
96 services but not having regulatory authority over the use of
97 land. In addition, the intergovernmental coordination element
98 must describe joint processes for collaborative planning and
99 decisionmaking on population projections and public school
100 siting, the location and extension of public facilities subject
101 to concurrency, and siting facilities with countywide
102 significance, including locally unwanted land uses whose nature
103 and identity are established in an agreement.
104 3. Within 1 year after adopting their intergovernmental
105 coordination elements, each county, all the municipalities
106 within that county, the district school board, and any unit of
107 local government service providers in that county shall
108 establish by interlocal or other formal agreement executed by
109 all affected entities, the joint processes described in this
110 subparagraph consistent with their adopted intergovernmental
111 coordination elements. The agreement must:
112 a. Ensure that the local government addresses through
113 coordination mechanisms the impacts of development proposed in
114 the local comprehensive plan upon development in adjacent
115 municipalities, the county, adjacent counties, the region, and
116 the state. The area of concern for municipalities shall include
117 adjacent municipalities, the county, and counties adjacent to
118 the municipality. The area of concern for counties shall include
119 all municipalities within the county, adjacent counties, and
120 adjacent municipalities. Such coordination mechanisms must
121 include plans to provide mitigation funding to address any
122 extrajurisdictional impacts of development, consistent with the
123 requirements of s. 163.3180(5)(j).
124 b. Ensure coordination in establishing level of service
125 standards for public facilities with any state, regional, or
126 local entity having operational and maintenance responsibility
127 for such facilities.
128 Section 3. Paragraph (j) of subsection (5) of section
129 163.3180, Florida Statutes, is amended to read:
130 163.3180 Concurrency.—
131 (5)
132 (j)1. If a county and municipality charge the developer of
133 a new development or redevelopment a fee for transportation
134 capacity impacts, the county and municipality must create and
135 execute an interlocal agreement to coordinate the mitigation of
136 their respective transportation capacity impacts.
137 2. The interlocal agreement must, at a minimum:
138 a. Ensure that any new development or redevelopment is not
139 charged twice for the same transportation capacity impacts.
140 b. Establish a plan-based methodology for determining the
141 legally permissible fee to be charged to a new development or
142 redevelopment.
143 c. Require the county or municipality issuing the building
144 permit to collect the fee, unless agreed to otherwise.
145 d. Provide a method for the proportionate distribution of
146 the revenue collected by the county or municipality to address
147 the transportation capacity impacts of a new development or
148 redevelopment, or provide a method of assigning responsibility
149 for the mitigation of the transportation capacity impacts
150 belonging to the county and the municipality.
151 e. Use a plan-based methodology in complying with the
152 requirements of s. 163.3177(6)(h).
153 3. By October 1, 2025, if an interlocal agreement is not
154 executed pursuant to this paragraph:
155 a. The fee charged to a new development or redevelopment
156 shall be based on the transportation capacity impacts
157 apportioned to the county and municipality as identified in the
158 developer’s traffic impact study or the mobility plan adopted by
159 the county or municipality.
160 b. The developer shall receive a 10 percent reduction in
161 the total fee calculated pursuant to sub-subparagraph a.
162 c. The county or municipality issuing the building permit
163 must collect the fee charged pursuant to sub-subparagraphs a.
164 and b. and distribute the proceeds of such fee to the county and
165 municipality within 60 days after the developer’s payment.
166 4. This paragraph does not apply to:
167 a. A county as defined in s. 125.011(1).
168 b. A county or municipality that has entered into, or
169 otherwise updated, an existing interlocal agreement, as of
170 October 1, 2024, to coordinate the mitigation of transportation
171 impacts. However, if such existing interlocal agreement is
172 terminated, the affected county and municipality that have
173 entered into the agreement are shall be subject to the
174 requirements of this paragraph . An interlocal agreement entered
175 into before October 1, 2024, may not extend beyond October 1,
176 2031 unless the county and municipality mutually agree to extend
177 the existing interlocal agreement before the expiration of the
178 agreement .
179 Section 4. Present paragraphs (a) and (b) of subsection (3)
180 of section 163.31801, Florida Statutes, are redesignated as
181 paragraphs (b) and (c), respectively, a new paragraph (a) is
182 added to that subsection, and paragraph (g) of subsection (6)
183 and subsection (9) of that section are amended, to read:
184 163.31801 Impact fees; short title; intent; minimum
185 requirements; audits; challenges.—
186 (3) For purposes of this section, the term:
187 (a) “Extraordinary circumstances” means measurable effects
188 of development which will require mitigation by the affected
189 local government, school district, or special district and which
190 exceed the total of the current adopted impact fee amount and
191 any increase as provided in paragraphs (6)(c), (d), and (e) in
192 less than 4 years.
193 (6) A local government, school district, or special
194 district may increase an impact fee only as provided in this
195 subsection.
196 (g)1. A local government, school district, or special
197 district may increase an impact fee rate beyond the phase-in
198 limitations established under paragraph (b), paragraph (c),
199 paragraph (d), or paragraph (e) by establishing the need for
200 such increase in full compliance with the requirements of
201 subsection (4), provided the following criteria are met:
202 a. A demonstrated-need study using a plan-based methodology
203 which justifies justifying any increase in excess of those
204 authorized in paragraph (b), paragraph (c), paragraph (d), or
205 paragraph (e) has been completed within the 12 months before the
206 adoption of the impact fee increase and expressly demonstrates
207 the extraordinary circumstances necessitating the need to exceed
208 the phase-in limitations. The capacity standards used to support
209 the existence of such extraordinary circumstances must be
210 specified in the impact fee study adopted under paragraph
211 (4)(a). The demonstrated-need study must be accompanied by a
212 declaration stating how and the timeframe during which the
213 proposed impact fee increase will be used to construct or
214 purchase the improvements necessary to increase capacity. The
215 local government, school district, or special district must use
216 localized data reflecting differences in costs and modality of
217 projects between urban, emerging urban, and rural areas, as
218 applicable within the study area, to project the anticipated
219 growth or capacity impacts which underlie the extraordinary
220 circumstances necessitating the impact fee increase.
221 b. The local government jurisdiction has held at least two
222 publicly noticed workshops dedicated to the extraordinary
223 circumstances necessitating the need to exceed the phase-in
224 limitations set forth in paragraph (b), paragraph (c), paragraph
225 (d), or paragraph (e).
226 c. The impact fee increase ordinance is approved by a
227 unanimous vote of the governing body.
228 2. An impact fee increase approved under this paragraph
229 must be implemented in at least two but not more than four equal
230 annual increments beginning with the date on which the impact
231 fee increase ordinance is adopted.
232 3. A local government , school district, or special district
233 may not :
234 a. Increase an impact fee rate beyond the phase-in
235 limitations under this paragraph if the local government , school
236 district, or special district has not increased the impact fee
237 within the past 5 years. Any year in which the local government ,
238 school district, or special district is prohibited from
239 increasing an impact fee because the jurisdiction is in a
240 hurricane disaster area is not included in the 5-year period.
241 b. Use data that is older than 4 years to demonstrate
242 extraordinary circumstances.
243 c. Include in the impact fee increase any deduction
244 authorized by a previous or existing impact fee.
245 d. Increase an impact fee rate beyond the phase-in
246 limitations under this paragraph by more than 100 percent
247 divided equally over a 4-year period.
248 (9) In any action challenging an impact fee or the
249 government’s failure to provide required dollar-for-dollar
250 credits for the payment of impact fees as provided in s.
251 163.3180(6)(h)2.b. : ,
252 (a) The government has the burden of proving by a
253 preponderance of the evidence that the imposition or amount of
254 the fee or credit meets the requirements of state legal
255 precedent and this section. The court may not use a deferential
256 standard for the benefit of the government. If the court
257 determines that the petitioner made an overpayment due to an
258 improperly assessed impact fee, the petitioner is entitled to a
259 refund in the amount of the overpayment with interest, with such
260 interest amount determined by the court. The local government,
261 school district, or special district that assessed the impact
262 fee must issue the refund within 90 days after the judgment
263 becomes final.
264 (b) A prevailing petitioner who is a resident of or an
265 owner of a business located within the jurisdiction of the local
266 government, school district, or special district that imposed
267 the impact fee in violation of this section is entitled to
268 reasonable attorney fees and costs. Such petitioner is further
269 entitled to reasonable attorney fees and costs in any subsequent
270 action necessary to collect a refund ordered by the court for
271 any impact fee overpayment.
272 Section 5. Paragraph (d) of subsection (2) of section
273 212.055, Florida Statutes, is amended to read:
274 212.055 Discretionary sales surtaxes; legislative intent;
275 authorization and use of proceeds.—It is the legislative intent
276 that any authorization for imposition of a discretionary sales
277 surtax shall be published in the Florida Statutes as a
278 subsection of this section, irrespective of the duration of the
279 levy. Each enactment shall specify the types of counties
280 authorized to levy; the rate or rates which may be imposed; the
281 maximum length of time the surtax may be imposed, if any; the
282 procedure which must be followed to secure voter approval, if
283 required; the purpose for which the proceeds may be expended;
284 and such other requirements as the Legislature may provide.
285 Taxable transactions and administrative procedures shall be as
286 provided in s. 212.054.
287 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
288 (d) The proceeds of the surtax authorized by this
289 subsection and any accrued interest shall be expended by the
290 school district, within the county and municipalities within the
291 county, or, in the case of a negotiated joint county agreement,
292 within another county, to finance, plan, and construct
293 infrastructure; to acquire any interest in land for public
294 recreation, conservation, or protection of natural resources or
295 to prevent or satisfy private property rights claims resulting
296 from limitations imposed by the designation of an area of
297 critical state concern; to provide loans, grants, or rebates to
298 residential or commercial property owners who make energy
299 efficiency improvements to their residential or commercial
300 property, if a local government ordinance authorizing such use
301 is approved by referendum; or to finance the closure of county
302 owned or municipally owned solid waste landfills that have been
303 closed or are required to be closed by order of the Department
304 of Environmental Protection. Any use of the proceeds or interest
305 for purposes of landfill closure before July 1, 1993, is
306 ratified. The proceeds and any interest may not be used for the
307 operational expenses of infrastructure, except that a county
308 that has a population of fewer than 75,000 and that is required
309 to close a landfill may use the proceeds or interest for long
310 term maintenance costs associated with landfill closure.
311 Counties, as defined in s. 125.011, and charter counties may, in
312 addition, use the proceeds or interest to retire or service
313 indebtedness incurred for bonds issued before July 1, 1987, for
314 infrastructure purposes, and for bonds subsequently issued to
315 refund such bonds. Any use of the proceeds or interest for
316 purposes of retiring or servicing indebtedness incurred for
317 refunding bonds before July 1, 1999, is ratified.
318 1. For the purposes of this paragraph, the term
319 “infrastructure” means:
320 a. Any fixed capital expenditure or fixed capital outlay
321 associated with the construction, reconstruction, or improvement
322 of public facilities that have a life expectancy of 5 or more
323 years, any related land acquisition, land improvement, design,
324 and engineering costs, and all other professional and related
325 costs required to bring the public facilities into service. For
326 purposes of this sub-subparagraph, the term “public facilities”
327 means facilities as defined in s. 163.3164(42) s. 163.3164(41) ,
328 s. 163.3221(13), or s. 189.012(5), and includes facilities that
329 are necessary to carry out governmental purposes, including, but
330 not limited to, fire stations, general governmental office
331 buildings, and animal shelters, regardless of whether the
332 facilities are owned by the local taxing authority or another
333 governmental entity.
334 b. A fire department vehicle, an emergency medical service
335 vehicle, a sheriff’s office vehicle, a police department
336 vehicle, or any other vehicle, and the equipment necessary to
337 outfit the vehicle for its official use or equipment that has a
338 life expectancy of at least 5 years.
339 c. Any expenditure for the construction, lease, or
340 maintenance of, or provision of utilities or security for,
341 facilities, as defined in s. 29.008.
342 d. Any fixed capital expenditure or fixed capital outlay
343 associated with the improvement of private facilities that have
344 a life expectancy of 5 or more years and that the owner agrees
345 to make available for use on a temporary basis as needed by a
346 local government as a public emergency shelter or a staging area
347 for emergency response equipment during an emergency officially
348 declared by the state or by the local government under s.
349 252.38. Such improvements are limited to those necessary to
350 comply with current standards for public emergency evacuation
351 shelters. The owner must enter into a written contract with the
352 local government providing the improvement funding to make the
353 private facility available to the public for purposes of
354 emergency shelter at no cost to the local government for a
355 minimum of 10 years after completion of the improvement, with
356 the provision that the obligation will transfer to any
357 subsequent owner until the end of the minimum period.
358 e. Any land acquisition expenditure for a residential
359 housing project in which at least 30 percent of the units are
360 affordable to individuals or families whose total annual
361 household income does not exceed 120 percent of the area median
362 income adjusted for household size, if the land is owned by a
363 local government or by a special district that enters into a
364 written agreement with the local government to provide such
365 housing. The local government or special district may enter into
366 a ground lease with a public or private person or entity for
367 nominal or other consideration for the construction of the
368 residential housing project on land acquired pursuant to this
369 sub-subparagraph.
370 f. Instructional technology used solely in a school
371 district’s classrooms. As used in this sub-subparagraph, the
372 term “instructional technology” means an interactive device that
373 assists a teacher in instructing a class or a group of students
374 and includes the necessary hardware and software to operate the
375 interactive device. The term also includes support systems in
376 which an interactive device may mount and is not required to be
377 affixed to the facilities.
378 2. For the purposes of this paragraph, the term “energy
379 efficiency improvement” means any energy conservation and
380 efficiency improvement that reduces consumption through
381 conservation or a more efficient use of electricity, natural
382 gas, propane, or other forms of energy on the property,
383 including, but not limited to, air sealing; installation of
384 insulation; installation of energy-efficient heating, cooling,
385 or ventilation systems; installation of solar panels; building
386 modifications to increase the use of daylight or shade;
387 replacement of windows; installation of energy controls or
388 energy recovery systems; installation of electric vehicle
389 charging equipment; installation of systems for natural gas fuel
390 as defined in s. 206.9951; and installation of efficient
391 lighting equipment.
392 3. Notwithstanding any other provision of this subsection,
393 a local government infrastructure surtax imposed or extended
394 after July 1, 1998, may allocate up to 15 percent of the surtax
395 proceeds for deposit into a trust fund within the county’s
396 accounts created for the purpose of funding economic development
397 projects having a general public purpose of improving local
398 economies, including the funding of operational costs and
399 incentives related to economic development. The ballot statement
400 must indicate the intention to make an allocation under the
401 authority of this subparagraph.
402 4. Surtax revenues that are shared with eligible charter
403 schools pursuant to paragraph (c) shall be allocated among such
404 schools based on each school’s proportionate share of total
405 school district capital outlay full-time equivalent enrollment
406 as adopted by the education estimating conference established in
407 s. 216.136. Surtax revenues must be expended by the charter
408 school in a manner consistent with the allowable uses provided
409 in s. 1013.62(4). All revenues and expenditures shall be
410 accounted for in a charter school’s monthly or quarterly
411 financial statement pursuant to s. 1002.33(9). If a school’s
412 charter is not renewed or is terminated and the school is
413 dissolved under the provisions of law under which the school was
414 organized, any unencumbered funds received under this paragraph
415 shall revert to the sponsor.
416 Section 6. This act shall take effect July 1, 2026.