Chris Dawson, Attorney, GrayRobinson Law Firm
A sweeping impact fee reform package moved through the Florida Legislature during the 2021 regular session, ultimately passing during the final week. The legislation, HB 337 by Representative Nick DiCeglie (R – Largo) and SB 750 by Senator Joe Gruters (R – Sarasota), was subsequently signed into law by Governor Ron DeSantis on June 6, taking effect immediately with some provisions applying retroactively to January 1, 2021.
This new law makes several revisions to and places significant restrictions on local governments’ abilities to levy and raise impact fees within their jurisdictions. It defines the terms “infrastructure” and “public facilities” and clarifies existing statutory text. In addition to local governments, the bill requires special districts to credit against the collection of impact fees any contribution related to public facilities towards impacts on the same type of public facilities for which the contribution was made. All credits against impact fee collections must be made regardless of any provision in local government or special district charter, comprehensive plan policy, ordinance, resolution or development order or permit.