Florida Senate - 2013 SB 772 By Senator Brandes 22-00963-13 2013772__ 1 A bill to be entitled 2 An act relating to development exactions; creating s. 3 70.45, F.S.; prohibiting local governments from 4 imposing or requiring certain exactions on or against 5 private property; providing exceptions; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 70.45, Florida Statutes, is created to 11 read: 12 70.45 Local government development exactions.— 13 (1) A county, municipality, or other local governmental 14 entity may not impose on or against any private property a tax, 15 fee, or charge or require any other development exaction, either 16 directly or indirectly, that: 17 (a) Does not result from a development or proposed 18 development with an essential nexus to development impacts upon 19 the infrastructure or other public facilities that are 20 maintained, owned, or controlled by the county, municipality, or 21 other local governmental entity. 22 (b) Is more stringent than an exaction imposed by a state 23 or federal agency on or against the same property that concerns 24 the same impact unless the county, municipality, or other local 25 governmental entity demonstrates that the exaction is reasonably 26 necessary pursuant to this subsection. 27 (2) This section does not prohibit a county, municipality, 28 or other local governmental entity, upon demonstration, from: 29 (a) Imposing a development exaction that is reasonably 30 necessary as a direct result of a development or proposed 31 development and that has an essential nexus to, and is roughly 32 proportionate to, the direct development impacts upon the 33 infrastructure or other public facilities that are maintained, 34 owned, or controlled by the county, municipality, or other local 35 governmental entity. 36 (b) Dedicating land or easement that is reasonably 37 necessary as a direct result of a development or proposed 38 development of specific property to or from which the dedication 39 of land or easement applies. 40 Section 2. This act shall take effect July 1, 2013.