House Bill 1953e1

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                                      HB 1953, First Engrossed/ntc



  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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                                      HB 1953, First Engrossed/ntc



  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. However, if the county adopted an ordinance

15  increasing their school impact fee on or before February 1,

16  1999, the county shall report the fees which would have been

17  collected under that ordinance for the period beginning July

18  1, 1999, through June 30, 2000.  The county shall also

19  indicate how much money was actually collected on those

20  dwellings during that period.  This information shall be

21  provided in a manner designated by the Comptroller's office.

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

23  office, the county shall provide the information specified

24  under subsection (1) and any additional information required

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

26  1999, for the quarter ending September 30, 1999; not later

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

28  1999; not later than May 15, 2000, for the quarter ending

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

30  quarter ending June 30, 2000.

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                                      HB 1953, First Engrossed/ntc



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

  2  the Comptroller shall distribute the funds appropriated by the

  3  Legislature by paying each county which makes a proper and

  4  timely application the difference between the school impact

  5  fees permitted to be collected for the quarter pursuant to

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

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

  8  enforceable during that quarter.  However, if the county

  9  adopted an ordinance increasing their school impact fee on or

10  before February 1, 1999, then the Comptroller shall distribute

11  the funds appropriated by the Legislature to that county based

12  on the difference between the school impact fees permitted to

13  be collected for the quarter pursuant to this act, and the

14  fees which would have been in place under that ordinance.

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

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

17  quarter under this section, the Comptroller shall prorate the

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

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

20  claims are paid.

21         (c)  If additional funds remain after the distributions

22  under this section, the Comptroller shall return the excess

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

24         (4)  Funds distributed pursuant to this section shall

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

26  only for the following purposes:

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

28         (b)  To create new student stations; or

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

30  capacity.

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                                      HB 1953, First Engrossed/ntc



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

  2  to implement this section.

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

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

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

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

  7  after the effective date of this section:

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

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

10  appointment, as follows:  one representative from a local

11  school board, and five representatives at large.

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

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

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

15  Representatives, one representative from a local school board,

16  and one representative at large.

17         3.  Four members selected by the President of the

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

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

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

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

22  designee.

23         (b)  Vacancies in the membership of the commission

24  shall be filled in the same manner as the original

25  appointments.

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

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

28  local governments are encouraged to assist and cooperate with

29  the commission as necessary.

30         (d)  The Legislative Committee on Intergovernmental

31  Relations is authorized to employ technical support and to


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                                      HB 1953, First Engrossed/ntc



  1  incur expenses related to the official duties of the

  2  commission, and to expend funds appropriated to the committee

  3  for carrying out the official duties of the commission.

  4         (e)  Commission members shall not receive remuneration

  5  for their services but shall be reimbursed by the Legislative

  6  Committee on Intergovernmental Relations for travel and per

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

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

  9  recommendatory body to the Governor and the Legislature.

10         (b)  The commission shall convene its initial meeting

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

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

13  shall adopt rules of procedure. Thereafter, the commission

14  shall convene at the call of the chair.

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

16  to finance school construction, the alternative methods of

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

18  method of funding.

19         (d)  The commission shall formulate tax policies which

20  take into account school construction revenue needs, the

21  availability of alternative funding mechanisms, and other

22  accepted tax policy goals, including fairness and ease of

23  administration.

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

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

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

27  summarizing its findings, stating its conclusions, and

28  proposing any recommended statutory changes related to the tax

29  laws of the state.

30         Section 4.  There is appropriated to the Legislative

31  Committee on Intergovernmental Relations from the General


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                                      HB 1953, First Engrossed/ntc



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

  2  School Impact Fee Policy Commission.

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

  4  law.

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