| 1 | The Fiscal Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
|
| 6 | A bill to be entitled |
| 7 | An act relating to impact fees; creating s. 163.31801, |
| 8 | F.S.; creating the "Florida Impact Fee Act"; providing |
| 9 | legislative intent; requiring that an impact fee meet |
| 10 | specified requirements; requiring certain audits to |
| 11 | include a report on compliance with laws relating to |
| 12 | impact fees; requiring local governments imposing impact |
| 13 | fees to provide certain revenue credits; providing an |
| 14 | effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Section 163.31801, Florida Statutes, is created |
| 19 | to read: |
| 20 | 163.31801 Impact fees; short title; intent; minimum |
| 21 | requirements; audits; credits.-- |
| 22 | (1) SHORT TITLE.--This section may be cited as the |
| 23 | "Florida Impact Fee Act." |
| 24 | (2) FINDINGS AND INTENT.--The Legislature finds that |
| 25 | impact fees are an important source of revenue for local |
| 26 | governments to fund the infrastructure necessitated by new |
| 27 | growth. The Legislature further finds that impact fees are an |
| 28 | outgrowth of local governments' home rule powers to provide |
| 29 | certain services within their jurisdictions. Due to the growth |
| 30 | of impact fee collections and local governments' reliance on |
| 31 | impact fees to fund infrastructure necessitated by new growth, |
| 32 | it is the intent of the Legislature to ensure that when a county |
| 33 | or municipality enacts an impact fee by ordinance, or a special |
| 34 | district enacts an impact fee by resolution, the governing |
| 35 | authority complies with this section. |
| 36 | (3) MINIMUM REQUIREMENTS.--An impact fee ordinance or |
| 37 | resolution must: |
| 38 | (a) Premise its impact fee calculations upon the most |
| 39 | recent and localized data. |
| 40 | (b) Significantly address affordable housing by either |
| 41 | waiving, exempting, deferring, or paying impact fees for |
| 42 | affordable housing units out of another revenue source or |
| 43 | establishing a significant affordable housing program. |
| 44 | (c) Provide for accounting and reporting of impact fee |
| 45 | collections and expenditures. Specifically, each local |
| 46 | governmental entity that imposes an impact fee to address |
| 47 | infrastructure needs shall account for the revenues and |
| 48 | expenditures of each impact fee within a separate accounting |
| 49 | fund. |
| 50 | (d) Limit administrative charges for impact fee |
| 51 | collections to actual cost. |
| 52 | (e) Provide notice of not less than 90 days before the |
| 53 | effective date of a new impact fee ordinance or resolution or an |
| 54 | amendment to an existing impact fee ordinance or resolution. |
| 55 | (4) AUDITS.--Certified public accountants conducting |
| 56 | audits of local governmental entities and district school boards |
| 57 | shall report, as part of the audit, whether or not the local |
| 58 | governmental entity or district school board has complied with |
| 59 | this section and local laws pertaining to impact fees. |
| 60 | (5) REVENUE CREDITS.--A local government imposing an |
| 61 | impact fee shall also provide a credit for all taxes or other |
| 62 | payments of any kind through state, federal, or other revenues |
| 63 | anticipated to be expended to construct capital outlay projects |
| 64 | of the same type for which the impact fee is imposed. |
| 65 | Section 2. This act shall take effect July 1, 2006. |