Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1194
                        Barcode 384344
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/2R          .                    
       05/01/2006 11:40 AM         .                    
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11  Senator Constantine moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 26, line 22, through
15            page 28, line 11, delete those lines
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17  and insert:  
18         Section 9.  Section 163.31801, Florida Statutes, is
19  created to read:
20         163.31801  Impact fees; short title; intent;
21  definitions; ordinances levying impact fees.--
22         (1)  This section may be cited as the "Florida Impact
23  Fee Act."
24         (2)  The Legislature finds that impact fees are an
25  important source of revenue for a local government to use in
26  funding the infrastructure necessitated by new growth. The
27  Legislature further finds that impact fees are an outgrowth of
28  the home rule power of a local government to provide certain
29  services within its jurisdiction. Due to the growth of impact
30  fee collections and local governments' reliance on impact
31  fees, it is the intent of the Legislature to ensure that, when
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    2:18 PM   04/28/06                             s1194c1c-22-k0t

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1194 Barcode 384344 1 a county or municipality adopts an impact fee by ordinance or 2 a special district adopts an impact fee by resolution, the 3 governing authority complies with this section. 4 (3) An impact fee adopted by ordinance of a county or 5 municipality or by resolution of a special district must, at 6 minimum: 7 (a) Require that the calculation of the impact fee be 8 based on the most recent and localized data. 9 (b) Significantly address affordable housing by 10 waiving, exempting, or deferring impact fees; paying impact 11 fees for affordable housing units out of another revenue 12 source; or establishing a significant affordable housing 13 program. 14 (c) Provide for accounting and reporting of impact fee 15 collections and expenditures. If a local governmental entity 16 imposes an impact fee to address its infrastructure needs, the 17 entity shall account for the revenues and expenditures of such 18 impact fee in a separate accounting fund. 19 (d) Limit administrative charges for the collection of 20 impact fees to actual costs. 21 (e) Require that notice be provided no less than 90 22 days before the effective date of an ordinance or resolution 23 imposing a new or amended impact fee. 24 (4) Audits of financial statements of local 25 governmental entities and district school boards which are 26 performed by a certified public accountant pursuant to s. 27 218.39 and submitted to the Auditor General must include an 28 affidavit signed by the chief financial officer of the local 29 governmental entity or district school board stating that the 30 local governmental entity or district school board has 31 complied with this section. 2 2:18 PM 04/28/06 s1194c1c-22-k0t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1194 Barcode 384344 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, lines 8-20, delete those lines 4 5 and insert: 6 creating s. 163.31801, F.S.; creating the 7 "Florida Impact Fee Act"; providing legislative 8 intent; requiring that an impact fee meet 9 certain specified requirements concerning 10 calculation of the fee, affordable housing, 11 accounting for revenues and expenditures, 12 provision of notice, and collection of 13 administrative costs; requiring inclusion of an 14 affidavit certifying compliance with the act in 15 certain audits of financial statements of a 16 local government entity or a school board 17 provided to the Auditor General; providing an 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2:18 PM 04/28/06 s1194c1c-22-k0t