Bill Amendment: FL S1066 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Impact Fees

Status: 2020-06-22 - Chapter No. 2020-58 [S1066 Detail]

Download: Florida-2020-S1066-Senate_Committee_Amendment_977602.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1066
       
       
       
       
       
       
                                Ì977602%Î977602                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.31801, Florida Statutes, is amended
    6  to read:
    7         163.31801 Impact fees; short title; intent; minimum
    8  requirements; audits; challenges.—
    9         (1) This section may be cited as the “Florida Impact Fee
   10  Act.”
   11         (2) The Legislature finds that impact fees are an important
   12  source of revenue for a local government to use in funding the
   13  infrastructure necessitated by new growth. The Legislature
   14  further finds that impact fees are an outgrowth of the home rule
   15  power of a local government to provide certain services within
   16  its jurisdiction. Due to the growth of impact fee collections
   17  and local governments’ reliance on impact fees, it is the intent
   18  of the Legislature to ensure that, when a county or municipality
   19  adopts, collects, or administers an impact fee by ordinance or a
   20  special district adopts, collects, or administers an impact fee
   21  by resolution, the governing authority complies with this
   22  section to ensure a consistent statewide process.
   23         (3) For purposes of this section:
   24         (a) The term “infrastructure” means any fixed capital
   25  expenditure or fixed capital outlay associated with the
   26  construction, reconstruction, or improvement of a public
   27  facility, excluding the cost of repairs or maintenance, that
   28  have a life expectancy of 5 or more years; any related land
   29  acquisition, land improvement, design, engineering, and
   30  permitting costs; and all other related construction costs
   31  required to bring the public facility into service.
   32         (b) The term “public facility” means any facility as
   33  defined in s. 163.3164(39), and includes any fire and law
   34  enforcement facility.
   35         (4) At a minimum, each county and municipality that adopts,
   36  collects, or administers an impact fee by ordinance and each
   37  special district that adopts, collects, or administers an impact
   38  fee by resolution an impact fee adopted by ordinance of a county
   39  or municipality or by resolution of a special district must
   40  satisfy all of the following conditions:
   41         (a) Require that the calculation of the impact fee must be
   42  based on the most recent and localized data collected within the
   43  last 36 months and excludes any cost that does not meet the
   44  definition of infrastructure.
   45         (b) Account for the revenues and expenditures of such
   46  impact fee in a separate impact fee account, if the local
   47  governmental entity imposes an impact fee to address its
   48  infrastructure needs The local government must provide for
   49  accounting and reporting of impact fee collections and
   50  expenditures. If a local governmental entity imposes an impact
   51  fee to address its infrastructure needs, the entity must account
   52  for the revenues and expenditures of such impact fee in a
   53  separate accounting fund.
   54         (c) Limit administrative charges for the collection of
   55  impact fees must be limited to actual costs. The cost per
   56  student station established in school impact fee calculations
   57  may not exceed that statutory total maximum cost per student
   58  station calculated under s. 1013.64(6).
   59         (d) The local government must Provide notice not less than
   60  90 days before the effective date of an ordinance or resolution
   61  imposing a new or increased impact fee. New or increased impact
   62  fees may not apply to current or pending permit applications
   63  submitted before the effective date of an ordinance or
   64  resolution imposing a new or increased impact fee. A county or
   65  municipality is not required to wait 90 days to decrease,
   66  suspend, or eliminate an impact fee.
   67         (e) Collection of the impact fee may not be required to
   68  occur earlier than the date of issuance of the building permit
   69  for the property that is subject to the fee.
   70         (f) Ensure that the impact fee is must be proportional and
   71  reasonably connected to, or has have a rational nexus with, the
   72  need for additional infrastructure capital facilities and the
   73  increased impact generated by the new residential or commercial
   74  construction.
   75         (f)(g) Ensure that the impact fee is must be proportional
   76  and reasonably connected to, or has have a rational nexus with,
   77  the expenditures of the funds collected and the benefits
   78  accruing to the new residential or nonresidential construction.
   79         (g)(h) The local government must Specifically earmark funds
   80  collected under the impact fee for use in acquiring,
   81  constructing, or improving infrastructure capital facilities to
   82  benefit new users.
   83         (5) Collection of the impact fee may not be required to
   84  occur earlier than the date of issuance of the building permit
   85  for the property that is subject to the fee.
   86         (6)(i) Revenues generated by the impact fee may not be
   87  used, in whole or in part, to pay existing debt or for
   88  previously approved projects unless the expenditure is
   89  reasonably connected to, or has a rational nexus with, the
   90  increased impact generated by the new residential or
   91  nonresidential construction.
   92         (7)(4) The local government must credit against the
   93  collection of the impact fee any contribution, whether
   94  identified in a proportionate share agreement or other form of
   95  exaction, related to public education facilities, including land
   96  dedication, site planning and design, or construction. Any
   97  contribution must be applied to reduce any education-based
   98  impact fees on a dollar-for-dollar basis at fair market value.
   99         (8)(5) If a local government increases its impact fee
  100  rates, the holder of any impact fee credits, whether such
  101  credits are granted under s. 163.3180, s. 380.06, or otherwise,
  102  which were in existence before the increase, is entitled to the
  103  full benefit of the intensity or density prepaid by the credit
  104  balance as of the date it was first established. This subsection
  105  shall operate prospectively and not retrospectively.
  106         (9)(6) Audits of financial statements of local governmental
  107  entities and district school boards which are performed by a
  108  certified public accountant pursuant to s. 218.39 and submitted
  109  to the Auditor General must include an affidavit signed by the
  110  chief financial officer of the local governmental entity or
  111  district school board stating that the local governmental entity
  112  or district school board has complied with this section and the
  113  spending period provision in the local ordinance or resolution.
  114         (10)(7) In any action challenging an impact fee or the
  115  government’s failure to provide required dollar-for-dollar
  116  credits for the payment of impact fees or for contributions made
  117  as provided in this chapter s. 163.3180(6)(h)2.b., the
  118  government has the burden of proving by a preponderance of the
  119  evidence that the imposition or amount of the fee or credit
  120  meets the requirements of state legal precedent and this
  121  section. The court may not use a deferential standard for the
  122  benefit of the government.
  123         (11) Impact fee credits are assignable and transferable at
  124  any time after establishment from one development or parcel to
  125  any other development or parcel within the same impact fee
  126  jurisdiction for the same type of public facility for which the
  127  impact fee applies.
  128         (12)(8) A county, municipality, or special district may
  129  provide an exception or waiver for an impact fee for the
  130  development or construction of housing that is affordable, as
  131  defined in s. 420.9071. If a county, municipality, or special
  132  district provides such an exception or waiver, it is not
  133  required to use any revenues to offset the impact. To ensure
  134  impact fees or equivalent contributions are only collected once,
  135  a local government shall provide impact fee credits or other
  136  forms of compensation if a contribution is greater in value than
  137  the applicable impact fee. Contributions related to the
  138  transportation system are creditable against the combined total
  139  of all impact fees and exactions charged for mobility. This
  140  subsection applies at the time any contribution is accepted,
  141  regardless of when the contributions were agreed upon or
  142  committed to.
  143         (13)(a) Each county and municipality that assesses impact
  144  fees must establish an impact fee review committee.
  145         (b)1. The committee shall be composed of the following
  146  members appointed by the county commission or the governing body
  147  of the municipality, as applicable:
  148         a. Two members who are employed by the county or
  149  municipality.
  150         b. Two members who represent the business community.
  151         c. Two members who are local licensed general or
  152  residential contractors.
  153         d. One at-large member.
  154         2. The county commission or the governing body of the
  155  municipality, as applicable, shall appoint three alternate
  156  members, consisting of one representative from each of the
  157  categories described in sub-subparagraphs 1.a., b., and c., who
  158  shall serve in the absence of their respective member.
  159         3. Members and alternate members must be qualified electors
  160  of the county or municipality, as applicable, for at least 2
  161  years before their appointment.
  162         4. Committee members shall serve at the pleasure of the
  163  local government and shall serve until they are replaced.
  164         (c)1. Each committee meeting must be duly noticed and open
  165  to the public as required by s. 286.011.
  166         2. A meeting may not be held unless a quorum is present. A
  167  quorum consists of a majority of members of the committee, but
  168  an alternate member shall count toward the quorum when a regular
  169  member is absent.
  170         3. A member who fails to attend three consecutive meetings
  171  or fails to attend two-thirds of the meetings within a calendar
  172  year automatically forfeits the appointment, and the county
  173  commissioners or members of the governing body of the
  174  municipality, as applicable, shall promptly fill the vacancy.
  175         4. Members of the committee shall serve without
  176  compensation.
  177         (d) The committee shall meet as needed to:
  178         1. Establish a policy and methodology for determining
  179  impact fees on new developments.
  180         2. Review the proposed impact fee on each new development
  181  before the fee becomes final.
  182         3. Submit recommendations made by the impact fee committee
  183  to the county commission or governing body of the municipality,
  184  as applicable. The recommendations must be presented at the
  185  meeting when the impact fee on the new development will be
  186  discussed and voted upon.
  187         4. After each impact fee is adopted by the local
  188  government, review all proposed expenditures of that impact fee
  189  to ensure the fee is used for capital projects within the
  190  jurisdiction.
  191         (14)(9) This section does not apply to water and sewer
  192  connection fees.
  193         Section 2. This act shall take effect July 1, 2020.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete everything before the enacting clause
  198  and insert:
  199                        A bill to be entitled                      
  200         An act relating to impact fees; amending s. 163.31801,
  201         F.S.; providing definitions; revising requirements for
  202         counties and municipalities that adopt, collect, or
  203         administer an impact fee by ordinance and for special
  204         districts that adopt, collect, or administer an impact
  205         fee by resolution; providing timeframes for the
  206         collection of impact fees by local governments;
  207         providing that impact fee credits are assignable and
  208         transferable under certain conditions; requiring local
  209         governments to provide impact fee credits or other
  210         forms of compensation under certain conditions;
  211         providing applicability; requiring certain counties
  212         and municipalities to establish impact fee review
  213         committees; providing for membership; providing
  214         procedures for holding meetings and establishing
  215         quorums; providing committee duties; providing an
  216         effective date.