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City attorney urges review of forms and fees after new state laws limit local land‑use and permitting authority
Summary
Brooksville's city attorney briefed council on HB 399, HB 803 and SB 180—highlighting new fee‑justification rules, a $7,500 permit exemption for some single‑family work, and post‑hurricane constraints—and recommended immediate staff reviews of ordinances, fee schedules and permit forms.
The city attorney told the Brooksville City Council on June 15 that new state laws will require a near‑term policy and procedural review to keep local operations compliant.
"At a high level, HB 399 and HB 803 continue a broader trend we've been seeing from the legislature, which is placing more limitations on local land use and building regulation," the city attorney said, and urged departments to triage sections of the code that need updates.
Key takeaways identified by legal staff: - HB 399 (some provisions effective Jan. 1, 2027) requires that development‑related application fees ‘‘reasonably relate’’ to the city’s direct and reasonable indirect costs and prohibits basing fees on a percentage of construction costs; it also includes parity provisions for off‑site constructed residential dwellings and manufactured homes. - HB 803 (effective July 1) establishes a permit exemption for certain work valued under $7,500 on single‑family properties (with enumerated exceptions such as electrical and plumbing work), creates permanent exemptions for certain temporary hurricane‑related barriers, and changes inspection and permit documentation rules. - SB 180 (post‑hurricane restrictions) continues to limit local governments’ ability to adopt more restrictive land‑use measures during a defined post‑hurricane period; Brooksville remains in the covered period through Oct. 1, 2027, and the attorney warned the council about potential injunctions and fee‑shifting remedies.
The attorney recommended four immediate actions: review and update application forms and fee schedules; create an applicant exemption form and internal checklist for HB 803; review land‑development code language treating manufactured homes and modular housing; and maintain caution on changes that could run afoul of SB 180’s post‑hurricane restrictions.
Council members asked staff about revenue implications and whether current local permitting practice will be affected. Staff replied many common small jobs are not currently permitted locally (so revenue impact could be limited) but said a proposed fee schedule update is due by July 1 and staff will examine actual costs when proposing changes.
The city attorney said the presentation aimed to identify immediate priorities so the city can adapt ordinances, forms and software to the new statutory requirements before effective dates.
