Bill Text: FL S1796 | 2024 | Regular Session | Introduced

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Bill Title: Local Government Impact Fees and Exactions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Community Affairs [S1796 Detail]

Download: Florida-2024-S1796-Introduced.html

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       Florida Senate - 2024                                    SB 1796
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-01166-24                                           20241796__
    1                        A bill to be entitled                      
    2         An act relating to local government impact fees and
    3         exactions; amending s. 163.3180, F.S.; requiring local
    4         governments that impose nonmonetary exactions to
    5         provide a specified amount of compensation; amending
    6         s. 163.31801, F.S.; requiring that any impact fee be
    7         collected only if the property subject to the fee
    8         receives the service for which the fee is assessed;
    9         requiring certain local governments and special
   10         districts to establish impact fee zones or impact fee
   11         districts for certain purposes; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (7) is added to section 163.3180,
   17  Florida Statutes, to read:
   18         163.3180 Concurrency.—
   19         (7) A local government imposing a nonmonetary exaction
   20  under this section must provide compensation equal to the fair
   21  market value of the exaction imposed.
   22         Section 2. Paragraphs (j) and (k) are added to subsection
   23  (4) of section 163.31801, Florida Statutes, to read:
   24         163.31801 Impact fees; short title; intent; minimum
   25  requirements; audits; challenges.—
   26         (4) At a minimum, each local government that adopts and
   27  collects an impact fee by ordinance and each special district
   28  that adopts, collects, and administers an impact fee by
   29  resolution must:
   30         (j) Ensure that any impact fee is collected only if the
   31  property subject to the fee either receives the service for
   32  which the fee is assessed or will receive the service within the
   33  spending period adopted in the local ordinance or resolution.
   34         (k) Establish impact fee zones or impact fee districts to
   35  ensure the impact fee is expended to provide additional capital
   36  facilities within the appropriate zone or district and to help
   37  alleviate impacts generated by the new residential or commercial
   38  construction subject to the fee.
   39         Section 3. This act shall take effect October 1, 2024.