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.

  9  

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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    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.