Bill Text: FL S0772 | 2013 | Regular Session | Introduced

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Bill Title: Development Exactions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Community Affairs [S0772 Detail]

Download: Florida-2013-S0772-Introduced.html

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       Florida Senate - 2013                                     SB 772
       
       
       
       By Senator Brandes
       
       
       
       
       22-00963-13                                            2013772__
    1                        A bill to be entitled                      
    2         An act relating to development exactions; creating s.
    3         70.45, F.S.; prohibiting local governments from
    4         imposing or requiring certain exactions on or against
    5         private property; providing exceptions; providing an
    6         effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 70.45, Florida Statutes, is created to
   11  read:
   12         70.45 Local government development exactions.—
   13         (1) A county, municipality, or other local governmental
   14  entity may not impose on or against any private property a tax,
   15  fee, or charge or require any other development exaction, either
   16  directly or indirectly, that:
   17         (a) Does not result from a development or proposed
   18  development with an essential nexus to development impacts upon
   19  the infrastructure or other public facilities that are
   20  maintained, owned, or controlled by the county, municipality, or
   21  other local governmental entity.
   22         (b) Is more stringent than an exaction imposed by a state
   23  or federal agency on or against the same property that concerns
   24  the same impact unless the county, municipality, or other local
   25  governmental entity demonstrates that the exaction is reasonably
   26  necessary pursuant to this subsection.
   27         (2) This section does not prohibit a county, municipality,
   28  or other local governmental entity, upon demonstration, from:
   29         (a) Imposing a development exaction that is reasonably
   30  necessary as a direct result of a development or proposed
   31  development and that has an essential nexus to, and is roughly
   32  proportionate to, the direct development impacts upon the
   33  infrastructure or other public facilities that are maintained,
   34  owned, or controlled by the county, municipality, or other local
   35  governmental entity.
   36         (b) Dedicating land or easement that is reasonably
   37  necessary as a direct result of a development or proposed
   38  development of specific property to or from which the dedication
   39  of land or easement applies.
   40         Section 2. This act shall take effect July 1, 2013.