| 1 | Representative(s) Cretul offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 62 and 63, insert: |
| 5 | Section 1. Section 163.31801, Florida Statutes, is created |
| 6 | to read: |
| 7 | 163.31801 Impact fees; short title; intent; minimum |
| 8 | requirements; 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 |
| 12 | impact fees are an important source of revenue for local |
| 13 | governments to fund the infrastructure necessitated by new |
| 14 | growth. The Legislature further finds that impact fees are an |
| 15 | outgrowth of local governments' home rule powers to provide |
| 16 | certain services within their jurisdictions. Due to the growth |
| 17 | of impact fee collections and local governments' reliance on |
| 18 | impact fees to fund infrastructure necessitated by new growth, |
| 19 | it is the intent of the Legislature to ensure that when a county |
| 20 | or municipality enacts an impact fee by ordinance, or a special |
| 21 | district enacts an impact fee by resolution, the governing |
| 22 | authority complies with this section. |
| 23 | (3) MINIMUM REQUIREMENTS.--An impact fee ordinance or |
| 24 | resolution must: |
| 25 | (a) Premise its impact fee calculations upon the most |
| 26 | recent and localized data. |
| 27 | (b) Significantly address affordable housing by either |
| 28 | waiving, exempting, deferring, or paying impact fees for |
| 29 | affordable housing units out of another revenue source. |
| 30 | (c) Provide for accounting and reporting of impact fee |
| 31 | collections and expenditures. Specifically, each local |
| 32 | governmental entity that imposes an impact fee to address |
| 33 | infrastructure needs shall account for the revenues and |
| 34 | expenditures of each impact fee within a separate accounting |
| 35 | fund. |
| 36 | (d) Limit administrative charges for impact fee |
| 37 | collections to actual cost. |
| 38 | (e) Provide notice of not less than 90 days before the |
| 39 | effective date of a new impact fee ordinance or resolution or an |
| 40 | amendment to an existing impact fee ordinance or resolution. |
| 41 | (4) REVENUE CREDITS.--Each county, municipality, or |
| 42 | special district imposing an impact fee shall also establish the |
| 43 | formula by which credit for all taxes, payments, or other |
| 44 | revenues collected for the same facility for which the impact |
| 45 | fee is imposed that are reasonably anticipated to be expended to |
| 46 | address the need for expanded infrastructure arising as a result |
| 47 | of the new growth upon which the impact fee is imposed. |
| 48 | (5) SALES PRICE.--Notwithstanding any other provision of |
| 49 | state law or any local ordinance, the term "sales price" in s. |
| 50 | 212.02 does not include payment of permit fees or impact fees. |
| 51 |
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| 52 | ======= T I T L E A M E N D M E N T ======= |
| 53 | Remove line 6 and insert: |
| 54 | An act relating to growth management; creating s. |
| 55 | 163.31801, F.S.; creating the "Florida Impact Fee Act"; |
| 56 | providing legislative intent; requiring that an impact fee |
| 57 | meet specified requirements; requiring local governments |
| 58 | imposing impact fees to provide certain revenue credits; |
| 59 | excluding permit fees or impact fees from the definition |
| 60 | of the term "sales price"; creating part II of |