Senate Bill sb2302

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    Florida Senate - 2005                                  SB 2302

    By Senator Bennett





    21-1033-05                                         See HB 1173

  1                      A bill to be entitled

  2         An act relating to local government land

  3         development requirements; creating s. 163.3219,

  4         F.S.; providing legislative findings,

  5         declarations, and intent relating to local

  6         government impact fees; requiring impact fees

  7         to be based upon certain available data;

  8         requiring a credit against impact fees for

  9         certain taxes, fees, assessments, liens,

10         charges, or payments; providing criteria;

11         specifying a time period before collecting an

12         impact fee or fee increase; prohibiting

13         application of an impact fee to certain

14         building permits; requiring local governments

15         to report certain impact fee information to the

16         Auditor General; limiting imposition of

17         administrative fees; requiring refund of an

18         impact fee under certain circumstances;

19         providing criteria for payment of impact fees;

20         authorizing a local government to establish a

21         schedule of payments; providing an effective

22         date.

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24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Section 163.3219, Florida Statutes, is

27  created to read:

28         163.3219  Local government impact fees; credits;

29  reports; application; payment.--

30         (1)  The Legislature finds and declares that there is a

31  lack of consistent criteria for the determination of the

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    Florida Senate - 2005                                  SB 2302
    21-1033-05                                         See HB 1173




 1  appropriateness, amount, and collection of impact fees.

 2  Consequently, there is a wide disparity developing in the

 3  application and relative burden of impact fees in different

 4  areas of the state. In some areas of the state, impact fees

 5  are driving up the cost of housing to an unreasonable degree,

 6  and there is insufficient oversight of local governments who

 7  collect and use impact fees. Therefore, it is the intent of

 8  the Legislature to ensure greater consistency in the

 9  determination of the appropriateness, amount, and collection

10  of impact fees; ensure flexibility in the timing of payment of

11  impact fees; provide appropriate notice to fee payers of new

12  fees or fee increases; and ensure the accountability of local

13  governments for the collection and expenditure of all impact

14  fees.

15         (2)  Any impact fee that is adopted or amended shall be

16  based upon the most recent accurate and relevant data

17  available.

18         (3)(a)  Any local government that imposes an impact fee

19  must include in the calculation of the amount of the fee to be

20  paid a credit for the full present value of all taxes, fees,

21  assessments, liens, charges, or other payments of any kind

22  that have been or will be directly paid by the fee payer or

23  property owner to the local government or other service

24  provider and that will be used to construct capital facilities

25  of the same type for which the impact fee is imposed. The

26  calculation of the credit shall estimate such payments for a

27  period of not less than 30 years; shall include adjustments in

28  the estimated annual payments to account for inflation,

29  increased taxable values, and increased payments; shall use a

30  discount rate no greater than the current costs of borrowing

31  to finance such capital improvements; and shall be based

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2302
    21-1033-05                                         See HB 1173




 1  solely upon the estimated payments from new development and

 2  the property upon which the new development is located.

 3         (b)  A local government that imposes an impact fee

 4  shall also provide a credit for all taxes or other payments of

 5  any kind indirectly paid by the fee payer or property owner

 6  through state, federal, or other revenues anticipated to be

 7  expended to construct capital facilities of the same type for

 8  which the impact fee is imposed.

 9         (4)(a)  An impact fee or impact fee increase may be

10  collected only after 6 months following the date of final

11  adoption of the ordinance imposing the impact fee or impact

12  fee increase.

13         (b)  An impact fee or impact fee increase may not apply

14  to building permits for which a complete application has been

15  filed with the local government prior to the effective date of

16  the ordinance adopting the impact fee or impact fee increase.

17         (5)(a)  Each local government that collects impact fees

18  shall report to the Auditor General annually on all

19  collections, expenditures, refunds, and administrative

20  expenses relating to such fees.

21         (b)  A local government may not impose an

22  administrative fee for collecting, accounting for, and

23  disbursing impact fees which exceeds the actual direct costs

24  associated with collecting, accounting for, and disbursing the

25  impact fees. In no event shall the administrative fee exceed 3

26  percent of the total fees collected.

27         (c)  Any local government that has not expended an

28  impact fee for the purpose for which the fee was collected

29  within 6 years after receiving the fee shall refund the fee,

30  with interest, to the person who paid the fee.

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    Florida Senate - 2005                                  SB 2302
    21-1033-05                                         See HB 1173




 1         (6)  Any local government that collects impact fees

 2  shall permit the fees to be paid in whole or in part at the

 3  time of the first real estate closing following issuance of a

 4  certificate of occupancy for the property subject to the fee

 5  and shall allow any remainder to be assessed as part of the

 6  local government's tax bill and paid over a 10-year to 20-year

 7  period. If the fee is not fully paid at the time of closing,

 8  the local government may establish a schedule of payments

 9  including any costs of deferring payment of the fee.

10         Section 2.  This act shall take effect July 1, 2005.

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CODING: Words stricken are deletions; words underlined are additions.