Florida Legislature Tightens Land Use Regulations with Senate Bill 1080

There are exceptions of when an applicant will not be entitled to a refund. Notably,  deadlines described above restart if the applicant makes a “substantial change” to its application. A substantial change is a change of 15% or more in proposed density, intensity, or square footage of a parcel.

Applicants are also not entitled to refund if they and the local government agree to an extension time, if the applicant causes the delay, or if the delay is attributable to a force majeure or other extraordinary circumstance.

Comprehensive Plan Amendments
The new law clarifies specific procedures for Comprehensive Plan Amendments. Going forward, if an amendment is not adopted at the second public hearing, then the local government has 180 days from the second hearing to formally adopt the amendments, or else the amendments are deemed withdrawn.

Impact Fees
Home developers especially should be aware of how this bill modifies the manner in which local governments can impose impact fees. SB 1080 prohibits school districts from imposing alternative fees in lieu of an impact fees, unless the alternative fee meets the same statutory requirements imposed on impact fees. If an alternative fee is challenged under the new subsection, the school district must prove by a preponderance of the evidence that the alternative fee satisfies the statutory requirements governing impact fees.

This new law also restructures the procedures involved in increasing impact fees under Fla. Stat. § 163.31801. An impact fee increase ordinance must now pass by a unanimous vote of the local governing body. Increases in impact fees must be implemented in two, three, or four annual increments. But if the local government has not increased an impact fee within the last five years, then it may not increase the fee beyond specific phase-in limitations.

Conclusion 
SB 1080 should create a more efficient and predictable framework for land development regulation at the local level. Applicants such as developers should benefit from the amendments included in the new law now that certain application and approval processes will be more standardized and communicated more clearly from local governing bodies.

But it remains to be seen if the deadlines and penalties associated with the new bill are a sufficient incentive for local governments to improve their land use and zoning application process.

Regardless, SB 1080 demonstrates that the Florida Legislature is keeping an eye on whether and how localities efficiently process land use and zoning applications.   

Special thanks to Jay McArthur, a 2025 summer associate and rising third-year law student at Florida State University, who contributed to this alert.

Please contact Chad Davis, Christopher Berg or any member of Phelps’ Business or Real Estate teams with questions or for advice and guidance.