| 1 | Representative(s) Goodlette offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 4293 and 4294, insert: |
| 5 | Section 31. Florida Impact Fee Review Task Force.-- |
| 6 | (1) The Legislature recognizes that impact fees have been |
| 7 | an important source of revenues to local governments to fund new |
| 8 | growth. Local governments have assumed this responsibility under |
| 9 | their constitutional home rule authority. With the increased use |
| 10 | of impact fees, questions have arisen about whether their use |
| 11 | should be regulated by law. |
| 12 | (2) Effective upon this act becoming law, the Florida |
| 13 | Impact Fee Review Task Force is created. |
| 14 | (3)(a) The task force is to be composed of the following |
| 15 | 15 members, who shall be appointed within 30 days after the |
| 16 | effective date of this section. |
| 17 | 1. Eleven members selected by the Governor, none of whom |
| 18 | may be a member of the Legislature at the time of the |
| 19 | appointment, as follows: two members of a county commission, two |
| 20 | members of a city commission or council, two members of a local |
| 21 | school board, two members of the development community, and two |
| 22 | members of the homebuilding community. The Governor shall |
| 23 | designate one additional appointee as chairman. |
| 24 | 2. One Senator appointed by the President of the Senate, |
| 25 | and one member of the House of Representatives appointed by the |
| 26 | Speaker of the House of Representatives, who shall be ex |
| 27 | officio, nonvoting members. |
| 28 | 3. One citizen appointed by the President of the Senate, |
| 29 | and one citizen appointed by the Speaker of the House of |
| 30 | Representatives. The citizen appointees shall have no current or |
| 31 | past direct relationship to local government, school boards, or |
| 32 | the development or homebuilding industries. |
| 33 | 4. The Secretary of the Department of Community Affairs or |
| 34 | his designee is to serve as an ex officio, nonvoting member. |
| 35 | (4)(a) The task force shall act as an advisory body to the |
| 36 | Governor and the Legislature. |
| 37 | (b) The task force shall convene its initial meeting |
| 38 | within 60 days after the effective date of this section and |
| 39 | thereafter at the call of its chair. |
| 40 | (c) Task Force members shall not receive remuneration for |
| 41 | their services, but are entitled to reimbursement by the |
| 42 | Legislative Committee on Intergovernmental Relations for travel |
| 43 | and per diem expenses in accordance with s. 112.061, Florida |
| 44 | Statutes. |
| 45 | (5) The Task Force shall survey and review current use of |
| 46 | impact fees as a method of financing local infrastructure to |
| 47 | accommodate new growth and current case law controlling the use |
| 48 | of impact fees. To the extent feasible, the review is to include |
| 49 | consideration of the following: |
| 50 | (a) Local government criteria and methodology used for the |
| 51 | determination of the amount of impact fees. |
| 52 | (b) Application and relative burden of impact fees in |
| 53 | different areas of the state in relation to other methods of |
| 54 | financing new infrastructure. |
| 55 | (c) The range of use of impact fees as a percentage of the |
| 56 | total capital costs for infrastructure needs created by new |
| 57 | development. |
| 58 | (d) The methods used by local governments for the |
| 59 | accounting and reporting of the collection and expenditure of |
| 60 | all impact fees. |
| 61 | (e) Notice provisions prior to adoption and the effective |
| 62 | date of local ordinances creating a new impact fee or increasing |
| 63 | an existing impact fee. |
| 64 | (f) Interlocal agreements between counties and cities to |
| 65 | allocate impact fee proceeds between them. |
| 66 | (g) Requirements and options related to timing of impact |
| 67 | fees payments. |
| 68 | (h) The importance of impact fees to the ability of local |
| 69 | government to fund infrastructure needed to mitigate the impacts |
| 70 | of development and meet statutory requirements for concurrency. |
| 71 | (i) Methods used by local governments to ameliorate the |
| 72 | effect of impact fee costs on affordable housing. |
| 73 | (6) The task force shall report to the Governor, the |
| 74 | President of the Senate, and the Speaker of the House of |
| 75 | Representatives by February 1, 2006. The report shall include |
| 76 | the task force's recommendations regarding: |
| 77 | (a) Whether there is a need for statutory direction on the |
| 78 | methodology and data used to calculate impact fees. |
| 79 | (b) Whether there should be statutory direction on |
| 80 | payment, exemption, or waiver of impact fees for affordable |
| 81 | housing. |
| 82 | (c) Whether there should be statutory direction on the |
| 83 | accounting and reporting of the collection and expenditure of |
| 84 | all impact fees. |
| 85 | (d) Whether there is a need for statutory direction on the |
| 86 | notice given in advance of the effective date of a new or |
| 87 | amended impact fee ordinance. |
| 88 | (e) Whether there is a need for statutory direction on the |
| 89 | sharing of impact fees between counties and cities. |
| 90 | (f) Whether there is a need for statutory direction on the |
| 91 | timing of payment of impact fees. |
| 92 | (g) Any other recommendation the Task Force deems |
| 93 | appropriate. |
| 94 |
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| 95 | If the task force makes a recommendation for statutory |
| 96 | direction, the report shall also contain the task force's |
| 97 | recommendation for statutory changes. |
| 98 | (7) The Legislative Committee on Intergovernmental |
| 99 | Relations shall serve as staff to the task force and is |
| 100 | authorized to employ technical support and expend funds |
| 101 | appropriated to the committee for carrying out the official |
| 102 | duties of the task force. All state agencies are directed to |
| 103 | cooperate with and assist the task force to the fullest extent |
| 104 | possible. All local governments are encouraged to assist and |
| 105 | cooperate with the commission as necessary. |
| 106 |
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| 107 | ================ T I T L E A M E N D M E N T ============= |
| 108 | Remove line(s) 247 and insert: |
| 109 | the Governor and Legislature; creating the Florida Impact Fee |
| 110 | Review Task Force; providing legislative findings; providing for |
| 111 | membership; providing for meetings; providing duties and |
| 112 | responsibilities of the task force; prohibiting compensation of |
| 113 | the task force; providing for per diem and travel expenses; |
| 114 | requiring a report to the Governor and Legislature; specifying |
| 115 | report contents; requiring the Legislative Committee on |
| 116 | Intergovernmental Relations to serve as staff; repealing s. |
| 117 | 163.31776, |