HB 1173CS

CHAMBER ACTION




1The Growth Management Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to local government land development
7requirements; creating s. 163.3219, F.S.; providing
8legislative findings, declarations, and intent relating to
9local government impact fees; requiring impact fees to be
10based upon certain available data; requiring a credit
11against impact fees for certain taxes, fees, assessments,
12liens, charges, or payments; providing criteria;
13specifying a time period before collecting an impact fee
14or fee increase; prohibiting application of an impact fee
15to certain building permits; requiring local governments
16to report certain impact fee information to the Auditor
17General; limiting imposition of administrative fees;
18requiring refund of an impact fee under certain
19circumstances; providing for expenditures of impact fees
20collected from new development in incorporated areas
21pursuant to an interlocal agreement; providing for
22expenditures of collected impact fees in the absence of an
23interlocal agreement; providing criteria for payment of
24impact fees; authorizing a local government to establish a
25schedule of payments; excluding from impact fees any
26charge or fee imposed for a municipally owned utility;
27specifying nonapplication to certain independent special
28fire control districts under certain circumstances;
29providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 163.3219, Florida Statutes, is created
34to read:
35     163.3219  Local government impact fees; credits; reports;
36application; payment.--
37     (1)  The Legislature finds and declares that there is a
38lack of consistent criteria for the determination of the
39appropriateness, amount, and collection of impact fees.
40Consequently, there is a wide disparity developing in the
41application and relative burden of impact fees in different
42areas of the state. In some areas of the state, impact fees are
43driving up the cost of housing to an unreasonable degree, and
44there is insufficient oversight of local governments who collect
45and use impact fees. Therefore, it is the intent of the
46Legislature to ensure greater consistency in the determination
47of the appropriateness, amount, and collection of impact fees;
48ensure flexibility in the timing of payment of impact fees;
49provide appropriate notice to fee payers of new fees or fee
50increases; and ensure the accountability of local governments
51for the collection and expenditure of all impact fees.
52     (2)  Any impact fee that is adopted or amended shall be
53based upon the most recent accurate and relevant data available.
54     (3)(a)  Any local government that imposes an impact fee
55must include in the calculation of the amount of the fee to be
56paid a credit for the full present value of all taxes, fees,
57assessments, liens, charges, or other payments of any kind that
58have been or will be directly paid by the fee payer or property
59owner to the local government or other service provider and that
60will be used to construct capital facilities of the same type
61for which the impact fee is imposed. The calculation of the
62credit shall estimate such payments for a period of not less
63than 20 years, shall include adjustments in the estimated annual
64payments to account for inflation, increased taxable values, and
65increased payments, shall use a discount rate no greater than
66the current costs of borrowing to finance such capital
67improvements, and shall be based solely upon the estimated
68payments from new development and the property upon which the
69new development is located.
70     (b)  A local government that imposes an impact fee shall
71also provide a credit for all taxes or other payments of any
72kind indirectly paid by the fee payer or property owner through
73state, federal, or other revenues anticipated to be expended to
74construct capital facilities of the same type for which the
75impact fee is imposed.
76     (4)(a)  An impact fee or impact fee increase may be
77collected only after 6 months following the date of final
78adoption of the ordinance imposing the impact fee or impact fee
79increase.
80     (b)  An impact fee or impact fee increase may not apply to
81building permits for which a complete application has been filed
82with the local government prior to the effective date of the
83ordinance adopting the impact fee or impact fee increase.
84     (5)(a)  Each local government that collects impact fees
85shall report to the Auditor General annually on all collections,
86expenditures, refunds, and administrative expenses relating to
87such fees.
88     (b)  A local government may not impose an administrative
89fee for collecting, accounting for, and disbursing impact fees
90that exceeds the actual direct costs associated with collecting,
91accounting for, and disbursing the impact fees. In no event
92shall the administrative fee exceed 3 percent of the total fees
93collected.
94     (c)  Any local government that has not encumbered an impact
95fee for the purpose for which the fee was collected within 9
96years after receiving the fee shall refund the fee, with
97interest, to the person who paid the fee.
98     (d)  Except for school impact fees, if impact fees are
99collected from new development within an incorporated area, the
100impact fees shall be expended pursuant to an interlocal
101agreement between the county and the municipality in which the
102impact fees are collected. If there is no interlocal agreement
103for expending impact fees, the fees shall be expended for
104infrastructure improvements within the municipality in which the
105fees are collected and for infrastructure improvements outside
106the municipality that directly benefit the new development.
107     (6)  Any local government that collects impact fees shall
108permit the fees to be paid in whole or in part at the time of
109the first closing to transfer real estate or title following
110issuance of a certificate of occupancy for the property subject
111to the fee and shall allow any remainder to be assessed as part
112of the local government's tax bill and paid over a 10- to 20-
113year period. If the fee is not fully paid at the time of
114closing, the local government may establish a schedule of
115payments including any costs of deferring payment of the fee.
116     (7)  For purposes of this section, an impact fee shall not
117include any charge or fee imposed for a municipally owned
118utility, including, but not limited to, electric, gas, water, or
119wastewater facilities.
120     (8)  The provisions of this section do not apply to
121independent special fire control districts that have adopted an
122impact fee for fire services within their jurisdictional
123boundaries under s. 191.009(4).
124     Section 2.  This act shall take effect July 1, 2005.


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