House Bill 1953

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    Florida House of Representatives - 1999                HB 1953

        By the Committee on Finance & Taxation and Representatives
    Albright, Lacasa, Fasano and Starks





  1                      A bill to be entitled

  2         An act relating to school impact fees;

  3         prohibiting any county which was not levying

  4         such a fee on January 1, 1999, from levying

  5         such fee during a specified period; limiting

  6         the amount of such fees that may be collected

  7         by a county during that period; providing

  8         procedures for reimbursing a county for

  9         revenues lost during that period based on fees

10         which exceed the limitation which were in

11         effect on January 1, 1999; providing duties of

12         the Comptroller; specifying the purposes for

13         which such reimbursed funds may be used;

14         providing for rules; creating a Florida School

15         Impact Fee Policy Commission; providing for

16         appointment and qualifications of members;

17         providing administrative duties of the

18         Legislative Committee on Intergovernmental

19         Relations; providing duties of the commission;

20         providing for a report; providing an

21         appropriation; providing an effective date.

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

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25         Section 1.  (1)  Any county which was not levying a

26  school impact fee on January 1, 1999, may not levy any school

27  impact fee during the period beginning July 1, 1999, through

28  June 30, 2000.

29         (2)  During the period beginning July 1, 1999, through

30  June 30, 2000, any school impact fee collected by a county may

31  not exceed $500 per dwelling unit. If a county was levying a

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    Florida House of Representatives - 1999                HB 1953

    696-154A-99






  1  school impact fee in excess of $500 per dwelling unit on

  2  January 1, 1999, the county may collect only the first $500 of

  3  the fee due on each dwelling unit during that period.

  4         Section 2.  If a county was levying a school impact fee

  5  in excess of $500 per dwelling unit on January 1, 1999, and

  6  the fee becomes due during the period beginning July 1, 1999,

  7  through June 30, 2000, the county may receive funds from the

  8  Comptroller under the following procedures:

  9         (1)  The county must provide to the Comptroller the

10  number of dwellings upon which the school impact fee would

11  have been imposed and the amount of fees which would have been

12  collected on those dwellings under the January 1, 1999, fee

13  schedule during the period beginning July 1, 1999, through

14  June 30, 2000. The county shall also indicate how much money

15  was actually collected on those dwellings during that period.

16  This information shall be provided in a manner designated by

17  the Comptroller's office.

18         (2)  In the manner designated by the Comptroller's

19  office, the county shall provide the information specified

20  under subsection (1) and any additional information required

21  by rule quarterly as follows: not later than November 15,

22  1999, for the quarter ending September 30, 1999; not later

23  than February 15, 2000, for the quarter ending December 31,

24  1999; not later than May 15, 2000, for the quarter ending

25  March 31, 2000; not later than August 15, 2000, for the

26  quarter ending June 30, 2000.

27         (3)(a)  Once all claims are received for the quarter,

28  the Comptroller shall distribute the funds appropriated by the

29  Legislature by paying each county which makes a proper and

30  timely application the difference between the school impact

31  fees permitted to be collected for the quarter pursuant to

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    Florida House of Representatives - 1999                HB 1953

    696-154A-99






  1  this act, and the fees which would have been collected if the

  2  school impact fees in place on January 1, 1999, were fully

  3  enforceable during that quarter.

  4         (b)  If the funds appropriated by the Legislature are

  5  insufficient to pay all valid and timely claims made for any

  6  quarter under this section, the Comptroller shall prorate the

  7  claims for such quarter and carry forward to the next quarter

  8  any unpaid claim amounts for payment after such next quarter's

  9  claims are paid.

10         (c)  If additional funds remain after the distributions

11  under this section, the Comptroller shall return the excess

12  funds to the General Revenue Fund by September 30, 2000.

13         (4)  Funds distributed pursuant to this section shall

14  not be used to defray operating expenses, but shall be used

15  only for the following purposes:

16         (a)  To eliminate or reduce use of portable classrooms;

17         (b)  To create new student stations; or

18         (c)  To repair or renovate existing schools to increase

19  capacity.

20         (5)  The Comptroller has the authority to adopt rules

21  to implement this section.

22         Section 3.  (1)  The Florida School Impact Fee Policy

23  Commission is hereby created, to serve through June 30, 2000.

24         (2)(a)  The commission shall be composed of the

25  following 15 members, who shall be appointed within 30 days

26  after the effective date of this section:

27         1.  Six members selected by the Governor, none of whom

28  shall be a member of the Legislature at the time of

29  appointment, as follows:  one representative from a local

30  school board, and five representatives at large.

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    Florida House of Representatives - 1999                HB 1953

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  1         2.  Four members selected by the Speaker of the House

  2  of Representatives, as follows:  one member of the majority

  3  party and one member of the minority party in the House of

  4  Representatives, one representative from a local school board,

  5  and one representative at large.

  6         3.  Four members selected by the President of the

  7  Senate, as follows:  one member of the majority party and one

  8  member of the minority party in the Senate, one representative

  9  from a local school board, and one representative at large.

10         4.  The Commissioner of Education or the commissioner's

11  designee.

12         (b)  Vacancies in the membership of the commission

13  shall be filled in the same manner as the original

14  appointments.

15         (c)  All state agencies are directed to cooperate with

16  and assist the commission to the fullest extent possible. All

17  local governments are encouraged to assist and cooperate with

18  the commission as necessary.

19         (d)  The Legislative Committee on Intergovernmental

20  Relations is authorized to employ technical support and to

21  incur expenses related to the official duties of the

22  commission, and to expend funds appropriated to the committee

23  for carrying out the official duties of the commission.

24         (e)  Commission members shall not receive remuneration

25  for their services but shall be reimbursed by the Legislative

26  Committee on Intergovernmental Relations for travel and per

27  diem expenses in accordance with s. 112.061, Florida Statutes.

28         (3)(a)  The commission shall act as an advisory and

29  recommendatory body to the Governor and the Legislature.

30         (b)  The commission shall convene its initial meeting

31  within 60 days after the effective date of this section. At

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    Florida House of Representatives - 1999                HB 1953

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  1  its initial meeting, the commission shall select a chair and

  2  shall adopt rules of procedure. Thereafter, the commission

  3  shall convene at the call of the chair.

  4         (c)  The commission shall study the use of impact fees

  5  to finance school construction, the alternative methods of

  6  funding school construction, and the pros and cons of each

  7  method of funding.

  8         (d)  The commission shall formulate tax policies which

  9  take into account school construction revenue needs, the

10  availability of alternative funding mechanisms, and other

11  accepted tax policy goals, including fairness and ease of

12  administration.

13         (e)  The commission shall issue a report to the

14  Governor, the Speaker of the House of Representatives, and the

15  President of the Senate no later than February 1, 2000,

16  summarizing its findings, stating its conclusions, and

17  proposing any recommended statutory changes related to the tax

18  laws of the state.

19         Section 4.  There is appropriated to the Legislative

20  Committee on Intergovernmental Relations from the General

21  Revenue Fund the sum of $150,000 to be used for the Florida

22  School Impact Fee Policy Commission.

23         Section 5.  This act shall take effect upon becoming a

24  law.

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    Florida House of Representatives - 1999                HB 1953

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  2                          HOUSE SUMMARY

  3
      Provides that a county that was not imposing a school
  4    impact fee on January 1, 1999, may not impose such a fee
      during the period July 1, 1999-June 30, 2000. Limits the
  5    amount of school impact fees that may be collected by a
      county during that period to $500 per dwelling unit.
  6    Provides procedures for reimbursing a county for revenues
      lost during that period based on fees which exceed the
  7    limitation which were in place January 1, 1999, and
      specifies the purposes for which such reimbursed funds
  8    may be used.

  9
      Creates a 15-member Florida School Impact Fee Policy
10    Commission to study the use of impact fees and other
      methods to fund school construction and report its
11    recommendations to the Governor and Legislature. Provides
      an appropriation for the commission.
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