Senate Bill sb0576
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Florida Senate - 2007 SB 576
By Senator Bennett
21-551-07
1 A bill to be entitled
2 An act relating to impact fees; amending s.
3 163.31801, F.S.; revising the requirements that
4 a local government or special district must
5 meet in adopting an impact fee; specifying
6 additional requirements concerning the
7 application of credits against and payment of
8 such a fee; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (3) of section 163.31801,
13 Florida Statutes, is amended to read:
14 163.31801 Impact fees; short title; intent;
15 definitions; ordinances levying impact fees.--
16 (3) Each An impact fee adopted by ordinance of a
17 county, or municipality, or by resolution of a special
18 district shall ensure that any ordinance or resolution it
19 adopts which imposes an impact fee must, at minimum:
20 (a) Requires Require that the calculation of the
21 impact fee be based on the most recent and localized data.
22 (b) Provides Provide for accounting and reporting of
23 impact fee collections and expenditures. If a local
24 governmental entity imposes an impact fee to address its
25 infrastructure needs, the entity shall account for the
26 revenues and expenditures of such impact fee in a separate
27 accounting fund.
28 (c) Limits Limit administrative charges for the
29 collection of impact fees to actual costs.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 576
21-551-07
1 (d) Requires Require that notice be provided no less
2 than 90 days before the effective date of an ordinance or
3 resolution imposing a new or amended impact fee.
4 (e) Addresses whether a credit will be granted to the
5 developer for:
6 1. Tax payments that the local governmental entity
7 will receive in the future from the development;
8 2. In-kind payments of infrastructure to the local
9 governmental entity by the developer, such as land for a
10 school or road; or
11 3. Funds for infrastructure from sources other than
12 the local governmental entity, such as a grant from the state
13 or Federal Government for water or wastewater facilities.
14 (f) Prohibits the collection of the impact fee before
15 a certificate of occupancy is issued.
16 Section 2. This act shall take effect July 1, 2007.
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19 SENATE SUMMARY
20 Specifies additional requirements concerning the
application of credits against and payment of impact fees
21 imposed by a local government or special district.
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CODING: Words stricken are deletions; words underlined are additions.