Florida impact fee, natural gas preemption bills advance in House, Senate

(The Center Square) – Bills seeking to impose restrictions on how Florida’s local governments levy impact fees and prohibiting them from banning natural gas in new construction advanced in both chambers Tuesday.

House Bill 337, sponsored by Rep. Nick DiCeglie, R-Indian Rocks, passed its debut hearing before the House Local Administration & Veterans Affairs Subcommittee in a 13-5 vote.

Among other provisions, HB 337 would prohibit local governments from raising impact fees by more than 50 percent or increase a fee more than once every four years.

Also Tuesday, the Senate Community Affairs Committee unanimously endorsed Senate Bill 1128, which would preempt municipalities from restricting installation of natural gas lines in new construction.

The proposals are among a raft of 2021 Republican-sponsored preemption bills that seek to prohibit local governments from regulating vacation rentals, seaports, “energy infrastructure,” campaign financing and even law enforcement funding.

In addition to prohibiting impact fees from increasing more than 50 percent and limiting increases to every four years, HB 337 would require increases of 25-to-50 percent be implemented in two equal annual increments.

Under HB 337, if an impact fee is increased between 25-and-50 percent, developers would be allowed to pay in four equal installments.

The bill defines “infrastructure impact fees” as levies to pay the “related construction costs required to bring the public facility into service” and stipulates fees can only be used for “emergency medical, fire and law enforcement public facilities,” as well as “infrastructure.”

Rep. Dotie Joseph, D-North Miami, said HB 337’s definition of what “infrastructure” impact fees can pay for includes facilities, but not services — objections also raised by the Florida League of Cities and Florida Association of Counties.

“While your bill allows for the structure to be funded by these fees, it doesn’t currently allow for some of those other things to be funded,” Joseph said. “So if you could tweak those things, I ultimately look forward to working with my caucus to be in favor of full support of the bill.”

DiCeglie said Joseph’s suggestion will be warrant review.

Committee chair Rep. Jackie Toledo, R-Tampa, said HB 337 is necessary to curb “abuses” by local governments.

“In Hillsborough County, we went from $9,000 to $25,000 (in impact fees), and because of this bill, they want to raise an additional $3,000,” Toledo said. “Holding (local governments) accountable and making sure the money goes where it’s intended to go is absolutely necessary.”

Rep. Dan Daley, D-Coral Springs, joined the panel’s 12 Republicans in supporting the measure. HB 337 must pass through the House Ways & Means and State Affairs committees to reach the chamber floor.

Its Senate companion, Senate Bill 750, filed by Sen. Joe Gruters, R-Sarasota, has not been heard before any of the three committees it has been assigned.

SB 1128, sponsored by Sen. Travis Hutson, R-St. Augustine, advanced through the Senate Community Affairs Committee in a 9-0 vote.

The bill would void local restrictions “on the types or the fuel sources of energy production which a utility may use, deliver, convert, or supply to its customers” in new development.

The measure is largely an attempt to preempt some South Florida governments from banning natural gas lines from being installed as part of climate mitigation standards.

Hutson is also sponsoring two more energy-related preemption bills: SB 856, which would ban local governments from regulating “energy infrastructure,” and SB 1008, which would limit local solar installation rules.

With Tuesday’s unanimous advance through the Senate Community Affairs Committee, SB 1128 now needs just one hearing in the Senate Rules Committee before reaching the floor for a chamber vote.

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