Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 482
       
       
       
       
       
       
                                Ì818686[Î818686                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2025           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (39) through (54) of section
    6  163.3164, Florida Statutes, are redesignated as subsections (40)
    7  through (55), respectively, and a new subsection (39) is added
    8  to that section, to read:
    9         163.3164 Community Planning Act; definitions.—As used in
   10  this act:
   11         (39) “Plan-based methodology” means the use of the most
   12  recent and localized data to project growth within a
   13  jurisdiction over a 6-year period and the anticipated capacity
   14  impacts created by that projected growth, and the creation of a
   15  list of capital improvements or infrastructure as defined in s.
   16  163.31801(3) to be constructed in a defined time period to
   17  mitigate those impacts as part of a new or updated impact fee
   18  study.
   19         Section 2. Present paragraphs (a) and (b) of subsection (3)
   20  of section 163.31801, Florida Statutes, are redesignated as
   21  paragraphs (b) and (c), respectively, a new paragraph (a) is
   22  added to that subsection, and paragraph (g) of subsection (6) of
   23  that section is amended, to read:
   24         163.31801 Impact fees; short title; intent; minimum
   25  requirements; audits; challenges.—
   26         (3) For purposes of this section, the term:
   27         (a) “Extraordinary circumstances” means the measurable
   28  effects of development which will require mitigation by the
   29  affected local government and which exceed the total of the
   30  current adopted impact fee amount combined with any increase as
   31  provided in paragraphs (6)(c), (d), and (e) in less than 4
   32  years.
   33         (6) A local government, school district, or special
   34  district may increase an impact fee only as provided in this
   35  subsection.
   36         (g) A local government, school district, or special
   37  district may increase an impact fee rate beyond the phase-in
   38  limitations established under paragraph (b), paragraph (c),
   39  paragraph (d), or paragraph (e) by establishing the need for
   40  such increase in full compliance with the requirements of
   41  subsection (4), provided the following criteria are met:
   42         1. A demonstrated-need study using plan-based methodology
   43  justifying any increase in excess of those authorized in
   44  paragraph (b), paragraph (c), paragraph (d), or paragraph (e)
   45  has been completed within the 12 months before the adoption of
   46  the impact fee increase and expressly demonstrates the
   47  extraordinary circumstances necessitating the need to exceed the
   48  phase-in limitations.
   49         a. An increase in a nontransportation impact fee may not be
   50  adopted unless the extraordinary circumstances demonstrated in
   51  the demonstrated-need study include at least two of the
   52  following:
   53         (I) The population of the local government’s jurisdiction
   54  over the past 5 years exceeds, by at least 10 percent, the
   55  population estimates and projections used to justify the most
   56  recent impact fee increase.
   57         (II) The average number of building permits issued by the
   58  local government over the past 5 years exceeds, by at least 10
   59  percent, building permit estimates and projections used to
   60  justify the most recent impact fee increase.
   61         (III) The employment base within the local jurisdiction
   62  over the past 5 years exceeds the employment estimates and
   63  projections used to justify the most recent impact fee.
   64         (IV) The existing level of service grade will be lowered
   65  without an increase in the impact fee rate.
   66         b. An increase in a transportation impact fee may not be
   67  adopted unless the extraordinary circumstances demonstrated in
   68  the demonstrated-need study include at least three of the
   69  following:
   70         (I) Any condition provided in sub-subparagraph a.
   71         (II) Cost growth over the past 5 years which exceeds, by an
   72  average of at least 10 percent, the Federal Highway
   73  Administration’s National Highway Construction Cost index
   74  average used to justify the previous impact fee increase.
   75         (III) The vehicle miles traveled in the past 5 years
   76  exceed, by at least 10 percent, the Department of
   77  Transportation’s vehicle miles traveled index average used to
   78  justify the most recent impact fee.
   79         (IV) The per-lane mile cost estimates for construction for
   80  the past 5 years exceed, by at least 10 percent, the Department
   81  of Transportation average used to justify the most recent impact
   82  fee.
   83         c. An increase in an impact fee for an independent special
   84  district may not be adopted unless the extraordinary
   85  circumstances demonstrated in the demonstrated-need study
   86  include all of the following:
   87         (I) The amount of growth experienced in the past 5 years
   88  and anticipated within the district requires a significant
   89  immediate infrastructure investment to serve such growth which
   90  will need to be financed by the special district with impact
   91  fees.
   92         (II) The cost of infrastructure investment required to be
   93  financed by the district in the next 5 years is increasing the
   94  need for public facilities and has a direct impact on the fee
   95  amount needed to finance the additional infrastructure for the
   96  benefit of the growth.
   97         (III) The existing level of service will be impacted
   98  without an increase in the impact fee rate.
   99         2. The local government jurisdiction has held not fewer
  100  less than two publicly noticed workshops dedicated to the
  101  extraordinary circumstances necessitating the need to exceed the
  102  phase-in limitations set forth in paragraph (b), paragraph (c),
  103  paragraph (d), or paragraph (e).
  104         3. The impact fee increase ordinance is approved by at
  105  least a two-thirds vote of the governing body.
  106  
  107  A local government may not increase an impact fee rate beyond
  108  the phase-in limitations under this paragraph if the local
  109  government has not increased the impact fee within the past 5
  110  years. Any year in which the local government is prohibited from
  111  increasing an impact fee because the jurisdiction is in a
  112  hurricane disaster area is not included in the 5-year period.
  113         Section 3. Paragraph (d) of subsection (2) of section
  114  212.055, Florida Statutes, is amended to read:
  115         212.055 Discretionary sales surtaxes; legislative intent;
  116  authorization and use of proceeds.—It is the legislative intent
  117  that any authorization for imposition of a discretionary sales
  118  surtax shall be published in the Florida Statutes as a
  119  subsection of this section, irrespective of the duration of the
  120  levy. Each enactment shall specify the types of counties
  121  authorized to levy; the rate or rates which may be imposed; the
  122  maximum length of time the surtax may be imposed, if any; the
  123  procedure which must be followed to secure voter approval, if
  124  required; the purpose for which the proceeds may be expended;
  125  and such other requirements as the Legislature may provide.
  126  Taxable transactions and administrative procedures shall be as
  127  provided in s. 212.054.
  128         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
  129         (d) The proceeds of the surtax authorized by this
  130  subsection and any accrued interest shall be expended by the
  131  school district, within the county and municipalities within the
  132  county, or, in the case of a negotiated joint county agreement,
  133  within another county, to finance, plan, and construct
  134  infrastructure; to acquire any interest in land for public
  135  recreation, conservation, or protection of natural resources or
  136  to prevent or satisfy private property rights claims resulting
  137  from limitations imposed by the designation of an area of
  138  critical state concern; to provide loans, grants, or rebates to
  139  residential or commercial property owners who make energy
  140  efficiency improvements to their residential or commercial
  141  property, if a local government ordinance authorizing such use
  142  is approved by referendum; or to finance the closure of county
  143  owned or municipally owned solid waste landfills that have been
  144  closed or are required to be closed by order of the Department
  145  of Environmental Protection. Any use of the proceeds or interest
  146  for purposes of landfill closure before July 1, 1993, is
  147  ratified. The proceeds and any interest may not be used for the
  148  operational expenses of infrastructure, except that a county
  149  that has a population of fewer than 75,000 and that is required
  150  to close a landfill may use the proceeds or interest for long
  151  term maintenance costs associated with landfill closure.
  152  Counties, as defined in s. 125.011, and charter counties may, in
  153  addition, use the proceeds or interest to retire or service
  154  indebtedness incurred for bonds issued before July 1, 1987, for
  155  infrastructure purposes, and for bonds subsequently issued to
  156  refund such bonds. Any use of the proceeds or interest for
  157  purposes of retiring or servicing indebtedness incurred for
  158  refunding bonds before July 1, 1999, is ratified.
  159         1. For the purposes of this paragraph, the term
  160  “infrastructure” means:
  161         a. Any fixed capital expenditure or fixed capital outlay
  162  associated with the construction, reconstruction, or improvement
  163  of public facilities that have a life expectancy of 5 or more
  164  years, any related land acquisition, land improvement, design,
  165  and engineering costs, and all other professional and related
  166  costs required to bring the public facilities into service. For
  167  purposes of this sub-subparagraph, the term “public facilities”
  168  means facilities as defined in s. 163.3164 s. 163.3164(41), s.
  169  163.3221(13), or s. 189.012(5), and includes facilities that are
  170  necessary to carry out governmental purposes, including, but not
  171  limited to, fire stations, general governmental office
  172  buildings, and animal shelters, regardless of whether the
  173  facilities are owned by the local taxing authority or another
  174  governmental entity.
  175         b. A fire department vehicle, an emergency medical service
  176  vehicle, a sheriff’s office vehicle, a police department
  177  vehicle, or any other vehicle, and the equipment necessary to
  178  outfit the vehicle for its official use or equipment that has a
  179  life expectancy of at least 5 years.
  180         c. Any expenditure for the construction, lease, or
  181  maintenance of, or provision of utilities or security for,
  182  facilities, as defined in s. 29.008.
  183         d. Any fixed capital expenditure or fixed capital outlay
  184  associated with the improvement of private facilities that have
  185  a life expectancy of 5 or more years and that the owner agrees
  186  to make available for use on a temporary basis as needed by a
  187  local government as a public emergency shelter or a staging area
  188  for emergency response equipment during an emergency officially
  189  declared by the state or by the local government under s.
  190  252.38. Such improvements are limited to those necessary to
  191  comply with current standards for public emergency evacuation
  192  shelters. The owner must enter into a written contract with the
  193  local government providing the improvement funding to make the
  194  private facility available to the public for purposes of
  195  emergency shelter at no cost to the local government for a
  196  minimum of 10 years after completion of the improvement, with
  197  the provision that the obligation will transfer to any
  198  subsequent owner until the end of the minimum period.
  199         e. Any land acquisition expenditure for a residential
  200  housing project in which at least 30 percent of the units are
  201  affordable to individuals or families whose total annual
  202  household income does not exceed 120 percent of the area median
  203  income adjusted for household size, if the land is owned by a
  204  local government or by a special district that enters into a
  205  written agreement with the local government to provide such
  206  housing. The local government or special district may enter into
  207  a ground lease with a public or private person or entity for
  208  nominal or other consideration for the construction of the
  209  residential housing project on land acquired pursuant to this
  210  sub-subparagraph.
  211         f. Instructional technology used solely in a school
  212  district’s classrooms. As used in this sub-subparagraph, the
  213  term “instructional technology” means an interactive device that
  214  assists a teacher in instructing a class or a group of students
  215  and includes the necessary hardware and software to operate the
  216  interactive device. The term also includes support systems in
  217  which an interactive device may mount and is not required to be
  218  affixed to the facilities.
  219         2. For the purposes of this paragraph, the term “energy
  220  efficiency improvement” means any energy conservation and
  221  efficiency improvement that reduces consumption through
  222  conservation or a more efficient use of electricity, natural
  223  gas, propane, or other forms of energy on the property,
  224  including, but not limited to, air sealing; installation of
  225  insulation; installation of energy-efficient heating, cooling,
  226  or ventilation systems; installation of solar panels; building
  227  modifications to increase the use of daylight or shade;
  228  replacement of windows; installation of energy controls or
  229  energy recovery systems; installation of electric vehicle
  230  charging equipment; installation of systems for natural gas fuel
  231  as defined in s. 206.9951; and installation of efficient
  232  lighting equipment.
  233         3. Notwithstanding any other provision of this subsection,
  234  a local government infrastructure surtax imposed or extended
  235  after July 1, 1998, may allocate up to 15 percent of the surtax
  236  proceeds for deposit into a trust fund within the county’s
  237  accounts created for the purpose of funding economic development
  238  projects having a general public purpose of improving local
  239  economies, including the funding of operational costs and
  240  incentives related to economic development. The ballot statement
  241  must indicate the intention to make an allocation under the
  242  authority of this subparagraph.
  243         Section 4. This act shall take effect July 1, 2025.
  244  
  245  ================= T I T L E  A M E N D M E N T ================
  246  And the title is amended as follows:
  247         Delete everything before the enacting clause
  248  and insert:
  249                        A bill to be entitled                      
  250         An act relating to impact fees; amending s. 163.3164,
  251         F.S.; defining the term “plan-based methodology”;
  252         amending s. 163.31801, F.S.; defining the term
  253         “extraordinary circumstances”; requiring the
  254         completion of a demonstrated-need study using plan
  255         based methodology before the adoption of an impact fee
  256         increase which expressly demonstrates certain
  257         extraordinary circumstances; prohibiting increases in
  258         certain impact fees unless specified extraordinary
  259         circumstances are demonstrated; prohibiting a local
  260         government from increasing an impact fee rate under
  261         certain circumstances; amending s. 212.055, F.S.;
  262         conforming a cross-reference; providing an effective
  263         date.