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County attorney flags state legislation that could impact Nassau development, taxes and liability

By: Kate Kimmel

With the Florida Legislature scheduled to adjourn its 2026 regular session on March 13, lawmakers are advancing several bills that could significantly affect how local governments operate.

County Attorney Denise May presents at the Winter Strategic Planning Session

At Nassau County’s winter strategic planning session, county attorney Denise May briefed commissioners on legislation she said could have major implications for county decision-making, development oversight, and the county budget.

Many of the proposals would limit the authority of counties and cities to regulate development or manage their finances, she said.

“A lot of what’s coming out of Tallahassee is frustrating,” commission chair Alyson McCullough said. “We’re trying to control the quality of life here.”

Below are several bills that May identified as having the greatest potential impact on Nassau County.

Large-scale development proposal

One bill drawing concern is Florida Senate Bill 354, which would allow property owners with at least 15,000 acres to develop portions of their land if at least 60% is set aside for conservation.

May said the proposal could reduce local oversight of major development projects by allowing developers to bypass some existing planning tools used by counties.

“It looks to be doing away with what was written into the law for plans that provided some level of local control,” May said.

She said the bill could make it more difficult for counties to plan infrastructure and public services needed to support large developments.

For example, a landowner in Nassau County controlling a large tract of land could potentially develop thousands of housing units while limiting the county’s ability to address impacts on roads, schools, parks, and emergency services.

McCullough criticized what she described as a broader shift in state policy: “The free state of Florida is becoming the free-for-all Florida,” she said.

SB 354 was temporarily postponed in the Senate. Its House companion, Florida House Bill 299, has been placed on the House second-reading calendar.

Starter Homes Act

County officials also raised concerns about Florida House Bill 1143, which aims to encourage smaller housing developments by limiting certain local regulations.

The bill would restrict local governments’ ability to mandate parking spaces per unit, speed up permitting timelines, and make it easier for property owners to divide residential lots.

Deputy County Manager Robert Companion said the lot-splitting provision could allow developers to avoid requirements typically triggered when a subdivision is created, such as roadway improvements and drainage planning. A property owner could potentially divide a parcel into smaller lots and build duplexes or quadplexes without meeting subdivision standards, he said.

May added that developments built without adequate roadway access could create safety concerns for emergency vehicles.

HB 1143 remains in the House Commerce Committee.

Live Local tax exemption changes

May also discussed potential changes to the Live Local Act, which created tax incentives for certain affordable housing developments.

Under current law, qualifying multifamily developments that set aside at least 40% of units for households earning up to 120% of the area median income can receive a property-tax exemption on up to 75% of the value of those units.

Nassau County commissioners have adopted resolutions the past two tax seasons opting out of part of that exemption for some workforce-income categories. Commissioner Marshall Eyerman said the county has roughly 9,500 housing units in the 100% area median income category.

Florida state senators met Mar. 4, photo via Florida Senate livestream

Proposed legislation, including Florida Senate Bill 1520, could limit or eliminate the ability of local governments to opt out of the exemption. The bill is currently in the Senate Appropriations Committee.

Sovereign immunity limits

Another proposal would increase the amount individuals can collect in lawsuits against government entities.

Florida Senate Bill 1366 would raise the state’s sovereign immunity caps from $200,000 per person and $300,000 per incident to $300,000 per person and $450,000 per incident.

May said the change could increase county costs by raising potential legal payouts and insurance premiums.

“Essentially, the state doesn’t want to have as many bill requests,” County Manager Taco Pope said, referring to the legislative claims process required when damages exceed the current caps.

The bill recently passed the Senate Rules Committee.

Contractor registry proposal

County officials also expressed concern about legislation requiring local governments to maintain a registry of professional service providers for planning and development work.

The proposal — Florida Senate Bill 1138 and Florida House Bill 927 — would require counties to maintain contracts with firms providing services such as engineering, surveying, architecture and planning.

May said the requirement could force counties to set aside significant funds for contracts even if the services are not used. 

“We don’t enter into contracts that we have not set aside funds for,” she said. “This could require that we enter into six not-to-exceed $2 million contracts, which would take $12 million out of the budget.” 

Both bills have been placed on legislative special order calendars, signaling they could be considered on the House or Senate floor before the end of session.

With the legislative session entering its final days, several of the proposals could still receive floor votes before lawmakers adjourn March 13. County officials said they will continue monitoring the bills, which could affect how Nassau County manages development, public spending, and legal liability in the years ahead.

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