Florida Impact Fee Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 188-189

II. FLORIDA IMPACT FEE STATUTE

163.3202 Land development regulations.

(1) Within 1 year after submission of its revised comprehensive plan for re-

view pursuant to s. 163.3167(2), each county and each municipality shall adopt

or amend and enforce land development regulations that are consistent with

and implement their adopted comprehensive plan.

(2) Local land development regulations shall contain specific and detailed

provisions necessary or desirable to implement the adopted comprehensive

plan and shall as a minimum:

(a) Regulate the subdivision of land;

(b) Regulate the use of land and water for those land use categories in-

cluded in the land use element and ensure the compatibility of adjacent uses and

provide for open space;

(c) Provide for protection of potable water wellfields;

(d) Regulate areas subject to seasonal and periodic flooding and provide

for drainage and stormwater management;

(e) Ensure the protection of environmentally sensitive lands designated in

the comprehensive plan;

(f) Regulate signage;

(g) Provide that public facilities and services meet or exceed the standards

established in the capital improvements element required by s. 163.3177 and

are available when needed for the development, or that development orders and

permits are conditioned on the availability of these public facilities and services

necessary to serve the proposed development. Not later than 1 year after its due

date established by the state land planning agency’srule for submission of local

comprehensive plans pursuant to s. 163.3167(2), a local government shall not

issue a development order or permit which results in a reduction in the level of

services for the affected public facilities below the level of services provided in

the comprehensive plan of the local government.

(h) Ensure safe and convenient onsite traffic flow,considering needed ve-

hicle parking.

(3) This section shall be construed to encourage the use of innovative land

development regulations which include provisions such as transfer of develop-

ment rights, incentive and inclusionary zoning, planned-unit development, im-

pact fees, and performance zoning. These and all other such regulations shall be

combined and compiled into a single land development code for the jurisdic-

tion. A general zoning code shall not be required if a local government’s

adopted land development regulations meet the requirements of this section.

(4) The state land planning agency may require a local government to submit

one or more land development regulations if it has reasonable grounds to be-

lieve that a local government has totally failed to adopt any one or more of the

land development regulations required by this section. Once the state land plan-

ning agency determines after review and consultation with local government

whether the local government has adopted regulations required by this section,

the state land planning agency shall notify the local government in writing

within 30 calendar days after receipt of the regulations from the local govern-

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BARGAINING FOR DEVELOPMENT