Zoning bill ready for Governor’s desk after impact fee haggling between Senate and House

TALLAHASSEE, FLA. 12/14/22-Rep. Stan McClain, R-Ocala, during session Wednesday at the Capitol in Tallahassee. COLIN HACKLEY PHOTO

The Legislature has passed new limitations on zoning restrictions imposed by local governments. But the final language introduces changes to impact fee rules that could disrupt how calculations are done across the state.

The Senate passed the final bill (SB 1080) on a 29-8 vote, taking up changes made in the House.

Sen. Stan McClain, an Ocala Republican, said the legislation preserves three major policies already there when the Senate passed the bill earlier this week.

The legislation “streamlines comprehensive plan, amendment process, closes a loophole on extra student mitigation fees, and defines extraordinary impact fee language and processes,” he said.

But an amendment put on the measure by Rep. Toby Overdorf, a Palm City Republican, includes House language relating to final approval of comprehensive land-use plans, and also allows for use of fees and fines under the building code fund related to final permits.

Sen. Darryl Rouson, a St. Petersburg Democrat, raised some concerns about the constantly changing environment for local governments surrounding impact fees.

“In the past five years, the state has changed the statute concerning impact fees five times,” he said.

“Cities and counties that started the process required in the statute after a 2021 update are still completing the required studies. We need to let them finish the work taxpayers have been paying for based on the rules of the game. At the time we had passed the law in 2021, Tampa just signed contracts with a consulting firm to complete the final study and report needed to comply with the 2021 statutory language, and this will be completed in early 2026. They started this process in 2022. Senate Bill 1080 could force them to start over.”

Rouson filed an amendment addressing the language but ultimately withdrew that and voted for the bill, which must clear the floor before business closes Friday or die. Eight Democrats in total voted against the bill.

This isn’t the first time changes were made to this bill to get it across the finish line. The Senate last week voted to kill the legislation over concerns about its impact on rural boundaries, but McClain brought the legislation back with an amendment addressing those concerns.