Senate Bill sb1196c1
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Florida Senate - 2006 CS for SB 1196
By the Committee on Community Affairs; and Senator Constantine
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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.
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16 Be It Enacted by the Legislature of the State of Florida:
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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
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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:
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Florida Senate - 2006 CS for SB 1196
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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
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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
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1196
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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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