Florida Senate - 2026 CS for SB 208
By the Committee on Judiciary; and Senator McClain
590-01894-26 2026208c1
1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending ss. 125.022 and 166.033, F.S.;
4 requiring that the amount of certain application fees
5 reasonably relate to certain costs; requiring that
6 such fees be published on the county’s or
7 municipality’s fee schedule, respectively; requiring
8 that such fees not be based on certain costs or
9 valuations; amending s. 163.3194, F.S.; requiring that
10 local government comprehensive plans and land
11 development regulations include factors for assessing
12 the compatibility of certain residential uses;
13 requiring that land development regulations
14 incorporate certain objective standards or other
15 measures for mitigating or minimizing potential
16 incompatibility; requiring local government staff to
17 meet certain requirements before recommending denial
18 of certain applications on compatibility grounds;
19 prohibiting a local government from denying certain
20 applications on compatibility grounds if the applicant
21 has proposed certain measures; providing an exception;
22 requiring that the denial of an application specify
23 certain information; providing that a local
24 government’s approval of an application may include
25 certain requirements or conditions; providing
26 applicability; providing construction; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Present subsection (9) of section 125.022,
32 Florida Statutes, is redesignated as subsection (10), and a new
33 subsection (9) is added to that section, to read:
34 125.022 Development permits and orders.—
35 (9) The amount of any application fee associated with a
36 development permit or development order must reasonably relate
37 to the direct and reasonable indirect costs associated with the
38 review, processing, and final disposition of the application and
39 must be published on the county’s fee schedule. The fee may not
40 be based on a percentage of construction costs, site costs, or
41 project valuation.
42 Section 2. Present subsection (9) of section 166.033,
43 Florida Statutes, is redesignated as subsection (10), and a new
44 subsection (9) is added to that section, to read:
45 166.033 Development permits and orders.—
46 (9) The amount of any application fee associated with a
47 development permit or development order must reasonably relate
48 to the direct and reasonable indirect costs associated with the
49 review, processing, and final disposition of the application and
50 must be published on the municipality’s fee schedule. The fee
51 may not be based on a percentage of construction costs, site
52 costs, or project valuation.
53 Section 3. Subsection (7) is added to section 163.3194,
54 Florida Statutes, to read:
55 163.3194 Legal status of comprehensive plan.—
56 (7)(a) Local government comprehensive plans and land
57 development regulations must include factors for assessing the
58 compatibility of allowable residential uses within a residential
59 zoning district and future land use category. Such factors may
60 include intensity, density, scale, building size, mass, bulk,
61 height and orientation, lot coverage, lot size and
62 configuration, architectural style, permeability, screening,
63 buffers, setbacks, stepbacks, transitional areas, signage,
64 traffic and pedestrian circulation and access, and operational
65 impacts, such as noise, odor, and lighting.
66 (b) Land development regulations must incorporate objective
67 design standards or other measures for mitigating or minimizing
68 potential incompatibility.
69 (c)1. Before recommending denial of an application for
70 rezoning, subdivision, or site plan approval on compatibility
71 grounds, local government staff must identify with specificity
72 each area of incompatibility and may recommend mitigation
73 measures to the applicant.
74 2. If the applicant has proposed mitigation measures, the
75 local government may not deny an application on compatibility
76 grounds unless the denial includes written findings stating that
77 the proposed mitigation measures are inadequate and that no
78 feasible mitigation measures exist.
79 3. A denial of an application on compatibility grounds must
80 specify with particularity the area or areas of incompatibility,
81 including applicable standards and an explanation of any
82 mitigation measures considered and declined by the applicant, or
83 the basis for determining that no feasible mitigation measures
84 exist. References to “community character” or “neighborhood
85 feel” are not sufficient in and of themselves to support a
86 denial of an application on compatibility grounds.
87 4. A local government’s approval of an application may
88 include requirements or conditions to mitigate or minimize
89 compatibility concerns.
90 (d) This subsection does not apply to any of the following:
91 1. Compatibility between uses in different future land use
92 categories, including rural, agricultural, conservation, open
93 space, mixed-use, industrial, or commercial use.
94 2. Applications for development within planned unit
95 developments or master planned communities.
96 3. Applications for development within historic districts
97 designated before January 1, 2026.
98 (e) This section does not require approval of an
99 application that is otherwise inconsistent with the applicable
100 local government comprehensive plan or land development
101 regulations.
102 Section 4. This act shall take effect January 1, 2027.