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