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The Committee on Community Affairs (Haridopolos) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 2129 and 2130,

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insert:

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     Section 8.  Subsections (5), (6), and (7) are added to

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section 163.31801, Florida Statutes, to read:

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     163.31801  Impact fees; short title; intent; definitions;

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ordinances levying impact fees.--

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     (5) In any challenge filed regarding the validity of an

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impact fee, the local government imposing the fee has the burden

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of proving, by a preponderance of the evidence, that the fee

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calculation is directly proportional and limited to the actual

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need and impact created by the development for which the fee is

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assessed, that the fee is based upon the actual cost of any

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capital improvements for which the fee will be expended, and that

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the capital expenditures paid for by the impact fee provide a

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direct benefit to the property upon which the fee is imposed.

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     (6) An impact fee may not be assessed unless the local

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government has determined that the capital costs offset by the

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impact fee are specifically and uniquely attributable to the

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development against which the fee is proposed to be assessed and

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that the capital expenditures paid for by the impact fee provides

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a direct benefit to the property for which the fee was assessed.

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     (7)(a) Any local government that imposes an impact fee must

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include in the calculation of the amount of the fee to be paid a

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credit for the full present value of all taxes, fees,

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assessments, liens, charges, or other payments of any kind that

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have been or will be directly paid by the fee payer or property

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owner to the local government or other service provider and that

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will be used to construct capital facilities of the same type for

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which the impact fee is imposed. The calculation of the credit

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shall estimate such payments for a period of not less than 30

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years; shall include adjustments in the estimated annual payments

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to account for inflation, increased taxable values, and increased

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payments; shall use a discount rate no greater than the current

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costs of borrowing to finance such capital improvements; and

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shall be based upon the estimated payments from new developments

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and the estimated taxable value of property on which a new

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development is located. The basis for the calculation of a credit

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does not include an "average valuation" of all existing

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developments.

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     (b) A local government that imposes an impact fee shall

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also provide a credit for all taxes or other payments of any kind

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through state, federal, or other revenues that the local

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government anticipates to expend for the construction of the same

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type of capital facilities for which the impact fee is imposed.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 87, after the first semicolon,

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insert:

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amending s. 163.31801, F.S.; providing that a local

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government has the burden of proof in a challenge to the

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validity of an impact fee; prohibiting the assessment of

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an impact fee unless the local government has made certain

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determinations; requiring a local government to include a

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credit in the impact fee calculation; providing a

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calculation for determining the credit; requiring a local

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government to provide a credit for taxes or other payments

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through state, federal, or other revenues under certain

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circumstances;

4/9/2008  9:06:00 AM     26-07039-08