As Orange County is fighting in a lawsuit over voter-approved rural boundaries, Southern neighbors could face similar legal battles, but on very different lawns.
Osceola County developers and home builders are challenging county empty “mobility fees” under Senate Bill 180, according to a GrowthSpotter report. It is a drastic state hurricane recovery act that is interpreted to override new land use regulations that are more restrictive or burdensome to new land use regulations for development.”
Both Osceola and St. Cloud declared “extraordinary circumstances” last September, approving development fees, which should be spent on improving transportation, over double the fees for new homes and many commercial uses.
Osceola County’s mobility and school impact fees are currently the highest in the state. Additionally, if the 2024 fee hike is voided, cities and counties could cost millions of dollars to improve transportation.
However, it is not the sole jurisdiction of central Florida and may be vulnerable to legal challenges of impact fees under SB 180. Earlier this year, Tavares and the city of Haynes increased municipal and transport impact fees.
And this week, Apopka City launched a process to raise the city’s impact fees by about 64% for single-family homes and 31% for apartments, despite the city’s warning city attorney Cliff Shepherd that SB180 could violate such ordinances. The city is required to hold two public workshops on new rates before voting.
Shepherd estimated that the city’s higher rates have at best a 50-50 shot that won legal debate over the law. “It’s an impact. It’s more of a burden and could limit your ability to obtain a building permit,” Shepherd said.
Now, all eyes look westward at Manatee County, doubled the impact fee in June and was sued last month by a consortium of local home builders led by the head of the Suncoast Builders Association.
The complaint filed July 15th seeks an injunction against the county, preventing the collection of impact fees beyond those permitted under the Florida Impact Fee Act, limiting the increase to 50% over four years. The complaint alleges that SB 180 will not exempt cities and counties that claim to use “extraordinary circumstances” to raise impact fees.
The builders in early July gave the two-week commissioner to withdraw the impact fee ordinance. When the committee alked, the builders sued.
Lee Steinhauer, Legislative Director for Greater Orlando Builders’ Association, believes that SB 180 could void impact fee updates if it is determined that it is restrictive or burdensome due to regional development.
“It’s like just reading it just a bit… It certainly seems like there’s an argument that it’s out there,” he said.
So far, neither Osceola County nor St. Cloud has been under threat to Sue, but there has been a lot of chatter between home builders and developers about the challenge. County Attorney Frank Townsend declined to express his opinion on whether Osceola’s impact fees could withstand SB 180’s lawsuit.
The Manatee Incident offers many similarities to Osceola. For example, the plaintiff attached an affidavit from economist Dr. Hank Fishkind about the potential impact of the new fees as evidence that the rate “majorly burdens and limits your livelihood.”
Fishkind provided a similar analysis of Osceola’s mobility fees before Osceola was adopted.
“Certifying fees at these levels will have a very significant negative impact on the volume of development activities and the serious outcomes of Osceola County’s economy,” Fishkind wrote last summer.
Last week, Orange County officials received a letter from the state Department of Commerce, declaring the countryside boundaries and the entire county Vision 2050 plan as “null and invalid.” The attorney for the 2,000 home Sustainy Project, also known as Lake Picket North, immediately filed a lawsuit under the provisions of SB 180. Orange County has not filed a response to the lawsuit.
“Based on the Orange County decisions received from the state in its 2050 vision, the state’s intention appears to be for Senate Bill 180 to be interpreted widely,” said lawyer and Lowndes shareholder Rebecca Wilson. “And whether it’s a land development code or an amendment to the COMP plan, the additional burden will likely be invalidated.”
Manatee County Commissioners have vowed to fight for their right to decide on growth management policies by participating in an effort led by Pasco County through Florida County and enforcing revisions to SB 180. Specifically, it recommends limiting only “more restrictive or burdensome” scheduled clauses for properties damaged by the Hurricane.
The county is also considering joining a coalition of cities and counties preparing a lawsuit overturning SB 180 prior to the 2026 session. Jamie Cole, a lawyer for Broward County Land Use, is leading the effort and asking each jurisdiction to ponies $10,000 for that reason.
Growthspotter reporter Tyler Williams contributed to this report. Any tips on developing Central Florida? Please contact me at lkinsler@growthspotter.com or (407) 420-6261. Follow GrowthSpotter on Facebook and LinkedIn.
