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