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.