Amendment
Bill No. 1187
Amendment No. 011599
CHAMBER ACTION
Senate House
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1Representative(s) Cretul offered the following:
2
3     Amendment (with title amendment)
4     Between lines 35 and 36, insert:
5     Section 1.  Section 163.31801, Florida Statutes, is created
6to read:
7     163.31801  Impact fees; short title; intent; minimum
8requirements; audits; credits.--
9     (1)  SHORT TITLE.--This section may be cited as the
10"Florida Impact Fee Act."
11     (2)  FINDINGS AND INTENT.--The Legislature finds that
12impact fees are an important source of revenue for local
13governments to fund the infrastructure necessitated by new
14growth. The Legislature further finds that impact fees are an
15outgrowth of local governments' home rule powers to provide
16certain services within their jurisdictions. Due to the growth
17of impact fee collections and local governments' reliance on
18impact fees to fund infrastructure necessitated by new growth,
19it is the intent of the Legislature to ensure that when a county
20or municipality enacts an impact fee by ordinance, or a special
21district enacts an impact fee by resolution, the governing
22authority complies with this section.
23     (3)  MINIMUM REQUIREMENTS.--An impact fee ordinance or
24resolution must:
25     (a)  Premise its impact fee calculations upon the most
26recent and localized data.
27     (b)  Significantly address affordable housing by either
28waiving, exempting, deferring, or paying impact fees for
29affordable housing units out of another revenue source.
30     (c)  Provide for accounting and reporting of impact fee
31collections and expenditures. Specifically, each local
32governmental entity that imposes an impact fee to address
33infrastructure needs shall account for the revenues and
34expenditures of each impact fee within a separate accounting
35fund.
36     (d)  Limit administrative charges for impact fee
37collections to actual cost.
38     (e)  Provide notice of not less than 90 days before the
39effective date of a new impact fee ordinance or resolution or an
40amendment to an existing impact fee ordinance or resolution.
41     (4)  REVENUE CREDITS.--Each county, municipality, or
42special district imposing an impact fee shall also establish the
43formula by which credit for all taxes, payments, or other
44revenues collected for the same facility for which the impact
45fee is imposed that are reasonably anticipated to be expended to
46address the need for expanded infrastructure arising as a result
47of the new growth upon which the impact fee is imposed.
48     (5)  SALES PRICE.--Notwithstanding any other provision of
49state law or any local ordinance, the term "sales price" in s.
50212.02 does not include payment of permit fees or impact fees.
51
52======= T I T L E  A M E N D M E N T =======
53     Remove line 6 and insert:
54An act relating to development standards; creating s.
55163.31801, F.S.; creating the "Florida Impact Fee Act";
56providing legislative intent; requiring that an impact fee
57meet specified requirements; requiring local governments
58imposing impact fees to provide certain revenue credits;
59excluding permit fees or impact fees from the definition
60of the term "sales price"; authorizing


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