HB 1173

1
A bill to be entitled
2An act relating to local government land development
3requirements; creating s. 163.3219, F.S.; providing
4legislative findings, declarations, and intent relating to
5local government impact fees; requiring impact fees to be
6based upon certain available data; requiring a credit
7against impact fees for certain taxes, fees, assessments,
8liens, charges, or payments; providing criteria;
9specifying a time period before collecting an impact fee
10or fee increase; prohibiting application of an impact fee
11to certain building permits; requiring local governments
12to report certain impact fee information to the Auditor
13General; limiting imposition of administrative fees;
14requiring refund of an impact fee under certain
15circumstances; providing criteria for payment of impact
16fees; authorizing a local government to establish a
17schedule of payments; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 163.3219, Florida Statutes, is created
22to read:
23     163.3219  Local government impact fees; credits; reports;
24application; payment.--
25     (1)  The Legislature finds and declares that there is a
26lack of consistent criteria for the determination of the
27appropriateness, amount, and collection of impact fees.
28Consequently, there is a wide disparity developing in the
29application and relative burden of impact fees in different
30areas of the state. In some areas of the state, impact fees are
31driving up the cost of housing to an unreasonable degree, and
32there is insufficient oversight of local governments who collect
33and use impact fees. Therefore, it is the intent of the
34Legislature to ensure greater consistency in the determination
35of the appropriateness, amount, and collection of impact fees;
36ensure flexibility in the timing of payment of impact fees;
37provide appropriate notice to fee payers of new fees or fee
38increases; and ensure the accountability of local governments
39for the collection and expenditure of all impact fees.
40     (2)  Any impact fee that is adopted or amended shall be
41based upon the most recent accurate and relevant data available.
42     (3)(a)  Any local government that imposes an impact fee
43must include in the calculation of the amount of the fee to be
44paid a credit for the full present value of all taxes, fees,
45assessments, liens, charges, or other payments of any kind that
46have been or will be directly paid by the fee payer or property
47owner to the local government or other service provider and that
48will be used to construct capital facilities of the same type
49for which the impact fee is imposed. The calculation of the
50credit shall estimate such payments for a period of not less
51than 30 years, shall include adjustments in the estimated annual
52payments to account for inflation, increased taxable values, and
53increased payments, shall use a discount rate no greater than
54the current costs of borrowing to finance such capital
55improvements, and shall be based solely upon the estimated
56payments from new development and the property upon which the
57new development is located.
58     (b)  A local government that imposes an impact fee shall
59also provide a credit for all taxes or other payments of any
60kind indirectly paid by the fee payer or property owner through
61state, federal, or other revenues anticipated to be expended to
62construct capital facilities of the same type for which the
63impact fee is imposed.
64     (4)(a)  An impact fee or impact fee increase may be
65collected only after 6 months following the date of final
66adoption of the ordinance imposing the impact fee or impact fee
67increase.
68     (b)  An impact fee or impact fee increase may not apply to
69building permits for which a complete application has been filed
70with the local government prior to the effective date of the
71ordinance adopting the impact fee or impact fee increase.
72     (5)(a)  Each local government that collects impact fees
73shall report to the Auditor General annually on all collections,
74expenditures, refunds, and administrative expenses relating to
75such fees.
76     (b)  A local government may not impose an administrative
77fee for collecting, accounting for, and disbursing impact fees
78that exceeds the actual direct costs associated with collecting,
79accounting for, and disbursing the impact fees. In no event
80shall the administrative fee exceed 3 percent of the total fees
81collected.
82     (c)  Any local government that has not expended an impact
83fee for the purpose for which the fee was collected within 6
84years after receiving the fee shall refund the fee, with
85interest, to the person who paid the fee.
86     (6)  Any local government that collects impact fees shall
87permit the fees to be paid in whole or in part at the time of
88the first real estate closing following issuance of a
89certificate of occupancy for the property subject to the fee and
90shall allow any remainder to be assessed as part of the local
91government's tax bill and paid over a 10- to 20-year period. If
92the fee is not fully paid at the time of closing, the local
93government may establish a schedule of payments including any
94costs of deferring payment of the fee.
95     Section 2.  This act shall take effect July 1, 2005.


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