Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 987
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Young moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 68 - 87
    4  and insert:
    5         Section 2. Section 163.31801, Florida Statutes, is amended
    6  to read:
    7         163.31801 Impact fees; short title; intent; minimum
    8  requirements; audits; challenges definitions; ordinances levying
    9  impact fees.—
   10         (1) This section may be cited as the “Florida Impact Fee
   11  Act.”
   12         (2) The Legislature finds that impact fees are an important
   13  source of revenue for a local government to use in funding the
   14  infrastructure necessitated by new growth. The Legislature
   15  further finds that impact fees are an outgrowth of the home rule
   16  power of a local government to provide certain services within
   17  its jurisdiction. Due to the growth of impact fee collections
   18  and local governments’ reliance on impact fees, it is the intent
   19  of the Legislature to ensure that, when a county or municipality
   20  adopts an impact fee by ordinance or a special district adopts
   21  an impact fee by resolution, the governing authority complies
   22  with this section.
   23         (3) At a minimum, an impact fee adopted by ordinance of a
   24  county or municipality or by resolution of a special district
   25  must satisfy the following conditions, at minimum:
   26         (a) Require that The calculation of the impact fee must be
   27  based on the most recent and localized data.
   28         (b) The local government must provide for accounting and
   29  reporting of impact fee collections and expenditures. If a local
   30  governmental entity imposes an impact fee to address its
   31  infrastructure needs, the entity shall account for the revenues
   32  and expenditures of such impact fee in a separate accounting
   33  fund.
   34         (c) Limit Administrative charges for the collection of
   35  impact fees must be limited to actual costs.
   36         (d) Require that Notice must be provided no less than 90
   37  days before the effective date of an ordinance or resolution
   38  imposing a new or increased impact fee. A county or municipality
   39  is not required to wait 90 days to decrease, suspend, or
   40  eliminate an impact fee.
   41         (e)Collection of the impact fee may not be required to
   42  occur earlier than the issuance of the building permit for the
   43  property that is subject to the fee.
   44         (f)The impact fee must be reasonably connected to, or have
   45  a rational nexus with, the need for additional capital
   46  facilities and the increased impact generated by the new
   47  residential or commercial construction.
   48         (g)The impact fee must be reasonably connected to, or have
   49  a rational nexus with, the expenditures of the funds collected
   50  and the benefits accruing to the new residential or commercial
   51  construction.
   52         (h)The local government must specifically earmark funds
   53  collected by the impact fee for use in acquiring, constructing,
   54  or improving capital facilities to benefit the new users.
   55         (i)The collection or expenditure of the impact fee
   56  revenues may not be used, in whole or part, to pay existing debt
   57  or be used for previously approved projects unless the
   58  expenditure is reasonably connected to, or has a rational nexus
   59  with, the increased impact generated by the new residential or
   60  commercial construction.
   61         (4) Audits of financial statements of local governmental
   62  entities and district school boards which are performed by a
   63  certified public accountant pursuant to s. 218.39 and submitted
   64  to the Auditor General must include an affidavit signed by the
   65  chief financial officer of the local governmental entity or
   66  district school board stating that the local governmental entity
   67  or district school board has complied with this section.
   68         (5) In any action challenging an impact fee, the government
   69  has the burden of proving by a preponderance of the evidence
   70  that the imposition or amount of the fee meets the requirements
   71  of state legal precedent or this section. The court may not use
   72  a deferential standard.
   73         (6) In addition to the items that must be reported in the
   74  annual financial reports under s. 218.32, counties,
   75  municipalities, and special districts must report the following
   76  data on all impact fees charged:
   77         (a) The specific purpose of the impact fee, including the
   78  specific infrastructure need to be met, such as transportation,
   79  parks, water, sewer, and schools.
   80         (b) The impact fee schedule policy, describing the method
   81  of calculating impact fees, such as flat fee, tiered scale based
   82  on number of bedrooms, and tiered scale based on square footage.
   83         (c) The amount assessed for each purpose and type of
   84  dwelling.
   85         (d) The total amount of impact fees charged by type of
   86  dwelling.
   87         (e) Each exception and waiver provided for affordable
   88  housing developments.
   89         (7)This section does not apply to water and sewer
   90  connection fees.
   91         Section 3. Paragraph (b) of subsection (3) of section
   92  163.3245, Florida Statutes, is amended to read:
   93         163.3245 Sector plans.—
   94         (3) Sector planning encompasses two levels: adoption
   95  pursuant to s. 163.3184 of a long-term master plan for the
   96  entire planning area as part of the comprehensive plan, and
   97  adoption by local development order of two or more detailed
   98  specific area plans that implement the long-term master plan and
   99  within which s. 380.06 is waived.
  100         (b) In addition to the other requirements of this chapter,
  101  except for those that are inconsistent with or superseded by the
  102  planning standards of this paragraph, the detailed specific area
  103  plans shall be consistent with the long-term master plan and
  104  must include conditions and commitments that provide for:
  105         1. Development or conservation of an area of at least 1,000
  106  acres consistent with the long-term master plan. The local
  107  government may approve detailed specific area plans of less than
  108  1,000 acres based on local circumstances if it is determined
  109  that the detailed specific area plan furthers the purposes of
  110  this part and part I of chapter 380.
  111         2. Detailed identification and analysis of the maximum and
  112  minimum densities and intensities of use and the distribution,
  113  extent, and location of future land uses.
  114         3. Detailed identification of water resource development
  115  and water supply development projects and related infrastructure
  116  and water conservation measures to address water needs of
  117  development in the detailed specific area plan.
  118         4. Detailed identification of the transportation facilities
  119  to serve the future land uses in the detailed specific area
  120  plan.
  121         5. Detailed identification of other regionally significant
  122  public facilities, including public facilities outside the
  123  jurisdiction of the host local government, impacts of future
  124  land uses on those facilities, and required improvements
  125  consistent with the long-term master plan.
  126         6. Public facilities necessary to serve development in the
  127  detailed specific area plan, including developer contributions
  128  in a 5-year capital improvement schedule of the affected local
  129  government.
  130         7. Detailed analysis and identification of specific
  131  measures to ensure the protection and, as appropriate,
  132  restoration and management of lands within the boundary of the
  133  detailed specific area plan identified for permanent
  134  preservation through recordation of conservation easements
  135  consistent with s. 704.06, which easements shall be effective
  136  before or concurrent with the effective date of the detailed
  137  specific area plan and other important resources both within and
  138  outside the host jurisdiction. Any such conservation easement
  139  may be based on digital orthophotography prepared by a surveyor
  140  and mapper licensed under chapter 472 and may include a right of
  141  adjustment authorizing the grantor to modify portions of the
  142  area protected by a conservation easement and substitute other
  143  lands in their place if the lands to be substituted contain no
  144  less gross acreage than the lands to be removed; have equivalent
  145  values in the proportion and quality of wetlands, uplands, and
  146  wildlife habitat; and are contiguous to other lands protected by
  147  the conservation easement. Substitution is accomplished by
  148  recording an amendment to the conservation easement as accepted
  149  by and with the consent of the grantee, and which consent may
  150  not be unreasonably withheld.
  151         8. Detailed principles and guidelines addressing the urban
  152  form and the interrelationships of future land uses; achieving a
  153  more clean, healthy environment; limiting urban sprawl;
  154  providing a range of housing types; protecting wildlife and
  155  natural areas; advancing the efficient use of land and other
  156  resources; creating quality communities of a design that
  157  promotes travel by multiple transportation modes; and enhancing
  158  the prospects for the creation of jobs.
  159         9. Identification of specific procedures to facilitate
  160  intergovernmental coordination to address extrajurisdictional
  161  impacts from the detailed specific area plan.
  162         10.Within 30 days after receiving an application for
  163  approval of a detailed specific area plan or related development
  164  order, a local government must review the application for
  165  completeness and issue a letter indicating that all required
  166  information is submitted or specifying with particularity any
  167  areas that are deficient. If deficient, the applicant has 30
  168  days to address the deficiencies by submitting the required
  169  additional information. Within 90 days after the initial
  170  submission, if complete, or the supplemental submission,
  171  whichever is later, the local government shall approve, approve
  172  with conditions, or deny the application for the detailed
  173  specific area plan. This time period may be waived in writing by
  174  the applicant. An approval or denial of the application for a
  175  detailed specific area plan or related development order
  176  approval must include written findings supporting the local
  177  government decision.
  178  
  179  A detailed specific area plan adopted by local development order
  180  pursuant to this section may be based upon a planning period
  181  longer than the generally applicable planning period of the
  182  local comprehensive plan and shall specify the projected
  183  population within the specific planning area during the chosen
  184  planning period. A detailed specific area plan adopted pursuant
  185  to this section is not required to demonstrate need based upon
  186  projected population growth or on any other basis. All lands
  187  identified in the long-term master plan for permanent
  188  preservation shall be subject to a recorded conservation
  189  easement consistent with s. 704.06 before or concurrent with the
  190  effective date of the final detailed specific area plan to be
  191  approved within the planning area. Any such conservation
  192  easement may be based on digital orthophotography prepared by a
  193  surveyor and mapper licensed under chapter 472 and may include a
  194  right of adjustment authorizing the grantor to modify portions
  195  of the area protected by a conservation easement and substitute
  196  other lands in their place if the lands to be substituted
  197  contain no less gross acreage than the lands to be removed; have
  198  equivalent values in the proportion and quality of wetlands,
  199  uplands, and wildlife habitat; and are contiguous to other lands
  200  protected by the conservation easement. Substitution is
  201  accomplished by recording an amendment to the conservation
  202  easement as accepted by and with the consent of the grantee, and
  203  which consent may not be unreasonably withheld.
  204  
  205  ================= T I T L E  A M E N D M E N T ================
  206  And the title is amended as follows:
  207         Delete lines 2 - 8
  208  and insert:
  209         An act relating to local government; amending ss.
  210         125.379 and 166.0451, F.S.; revising the criteria that
  211         counties and municipalities must use when evaluating
  212         real property as part of their inventory for disposal
  213         of lands; amending s. 163.31801, F.S.; revising the
  214         minimum requirements for the adoption of impact fees;
  215         requiring that additional information be submitted by
  216         specified entities when submitting their annual
  217         financial reports; providing an exception; amending s.
  218         163.3245, F.S.; specifying the process for the local
  219         government review and approval of detailed specific
  220         area plans or related development orders;