Senate Bill sb1196c1

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    Florida Senate - 2006                           CS for SB 1196

    By the Committee on Community Affairs; and Senator Constantine





    578-2203-06

  1                      A bill to be entitled

  2         An act relating to impact fees; creating s.

  3         163.31801, F.S.; creating the "Florida Impact

  4         Fee Act"; providing legislative intent;

  5         requiring that an impact fee meet certain

  6         specified requirements concerning calculation

  7         of the fee, affordable housing, accounting for

  8         revenues and expenditures, provision of notice,

  9         collection of administrative costs, and the

10         application of credits; amending s. 201.15,

11         F.S.; revising criteria governing distribution

12         of the excise tax on documents to the State

13         Housing Trust Fund and the Local Government

14         Housing Trust Fund; providing effective dates.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  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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    Florida Senate - 2006                           CS for SB 1196
    578-2203-06




 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         (f)  Address whether credits should be granted for

25  future local tax payments for capital improvements, outside

26  funding sources, and in-kind contributions by the developer.

27         Section 2.  Effective July 1, 2007, subsections (9),

28  (10), (15), (17), and (18) of section 201.15, Florida

29  Statutes, as amended by section 1 of chapter 2005-92, Laws of

30  Florida, are amended to read:

31  

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    Florida Senate - 2006                           CS for SB 1196
    578-2203-06




 1         201.15  Distribution of taxes collected.--All taxes

 2  collected under this chapter shall be distributed as follows

 3  and shall be subject to the service charge imposed in s.

 4  215.20(1), except that such service charge shall not be levied

 5  against any portion of taxes pledged to debt service on bonds

 6  to the extent that the amount of the service charge is

 7  required to pay any amounts relating to the bonds:

 8         (9)  The lesser of Seven and fifty-three hundredths

 9  percent of the remaining taxes collected under this chapter or

10  $107 million in each fiscal year shall be paid into the State

11  Treasury to the credit of the State Housing Trust Fund and

12  shall be used as follows:

13         (a)  Half of that amount shall be used for the purposes

14  for which the State Housing Trust Fund was created and exists

15  by law.

16         (b)  Half of that amount shall be paid into the State

17  Treasury to the credit of the Local Government Housing Trust

18  Fund and shall be used for the purposes for which the Local

19  Government Housing Trust Fund was created and exists by law.

20         (10)  The lesser of Eight and sixty-six hundredths

21  percent of the remaining taxes collected under this chapter or

22  $136 million in each fiscal year shall be paid into the State

23  Treasury to the credit of the State Housing Trust Fund and

24  shall be used as follows:

25         (a)  Twelve and one-half percent of that amount shall

26  be deposited into the State Housing Trust Fund and be expended

27  by the Department of Community Affairs and by the Florida

28  Housing Finance Corporation for the purposes for which the

29  State Housing Trust Fund was created and exists by law.

30         (b)  Eighty-seven and one-half percent of that amount

31  shall be distributed to the Local Government Housing Trust

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    Florida Senate - 2006                           CS for SB 1196
    578-2203-06




 1  Fund and shall be used for the purposes for which the Local

 2  Government Housing Trust Fund was created and exists by law.

 3  Funds from this category may also be used to provide for state

 4  and local services to assist the homeless.

 5         (15)  Beginning July 1, 2008, in each fiscal year that

 6  the remaining taxes collected under this chapter exceed such

 7  collections in the prior fiscal year, the stated maximum

 8  dollar amounts provided in subsections (2), (4), (6), and (7),

 9  (9), and (10) shall each be increased by an amount equal to 10

10  percent of the increase in the remaining taxes collected under

11  this chapter multiplied by the applicable percentage provided

12  in those subsections.

13         (17)  Distributions to the State Housing Trust Fund

14  pursuant to subsections (9) and (10) shall be sufficient to

15  cover amounts required to be transferred to the Florida

16  Affordable Housing Guarantee Program's annual debt service

17  reserve and guarantee fund pursuant to s. 420.5092(6)(a) and

18  (b) up to but not exceeding the amount required to be

19  transferred to such reserve and fund based on the percentage

20  distribution of documentary stamp tax revenues to the State

21  Housing Trust Fund which is in effect in the 2004-2005 fiscal

22  year.

23         (17)(18)  The remaining taxes collected under this

24  chapter, after the distributions provided in the preceding

25  subsections, shall be paid into the State Treasury to the

26  credit of the General Revenue Fund.

27         Section 3.  Except as otherwise expressly provided in

28  this act, this act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1196
    578-2203-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1196

 3                                 

 4  The CS provides that local ordinances implementing impact fees
    must, at a minimum: require that the calculation of the impact
 5  fee be based on the most recent and localized data;
    significantly address affordable housing through waiver,
 6  exemption, or payment of impact fees, or the establishment of
    an affordable housing program; provide for accounting and
 7  reporting of impact fee collection and expenditures; limit
    administrative charges for the collection of impact fees to
 8  actual cost; require that notice be provided at least 90 days
    before the effective date of a new or amended impact fee; and
 9  address whether credits should be granted for future tax
    payments and other funding sources.
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    This CS also removes the $243 million cap on distribution of
11  documentary tax revenues to housing trust funds, set to take
    effect July 1, 2007.
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