Florida Senate - 2014                                    SB 1310
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00578A-14                                           20141310__
    1                        A bill to be entitled                      
    2         An act relating to development exactions; creating s.
    3         70.45, F.S.; providing legislative findings;
    4         prohibiting local governments from imposing or
    5         requiring certain exactions on or against private
    6         property; providing exceptions; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 70.45, Florida Statutes, is created to
   12  read:
   13         70.45 Local government development exactions.—
   14         (1) The Legislature finds that in the land use planning and
   15  permitting process, a landowner or applicant may be especially
   16  vulnerable to excessive demands for relinquishment of property
   17  or money in exchange for planning and permitting approvals. The
   18  Legislature further finds that exaction demands beyond the
   19  direct impact of a proposed development are against public
   20  policy and are therefore prohibited.
   21         (2) A county, municipality, or other local governmental
   22  entity may not impose on or against any private property a tax,
   23  fee, charge, or condition or require any other development
   24  exaction, either directly or indirectly, that:
   25         (a) Requires building, maintaining, or improving a public,
   26  private, or public-private infrastructure or facility that is
   27  unrelated to the direct impact of a proposed development,
   28  improvement project, or the subject of an application for a
   29  development order or administrative approval.
   30         (b) Is more stringent than an exaction imposed by a state
   31  or federal agency on or against the same property concerning the
   32  same impact.
   33         (3) This section does not prohibit a county, municipality,
   34  or other local governmental entity, upon demonstration, from:
   35         (a) Imposing a tax, fee, charge, or condition or requiring
   36  any other development exaction that serves to mitigate the
   37  direct impact of the proposed development and that has an
   38  essential nexus to, and is roughly proportionate to, the impacts
   39  of the proposed development upon the public, private, or public
   40  private infrastructure or facility that is maintained, owned, or
   41  controlled by the county, municipality, or other local
   42  governmental entity.
   43         (b) Accepting the voluntary dedication of land or an
   44  easement that has an essential nexus to, and is roughly
   45  proportionate to, the impacts of the proposed development upon
   46  the public, private, or public-private infrastructure or
   47  facility that is maintained, owned, or controlled by the county,
   48  municipality, or other local governmental entity and the
   49  development or proposed development is situated on the specific
   50  property to which the dedication of land or easement applies.
   51         Section 2. This act shall take effect July 1, 2014.