Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 883, 2nd Eng.
       
       
       
       
       
       
                                Ì337868aÎ337868                         
       
                              LEGISLATIVE ACTION                        
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       Senator Young moved the following:
       
    1         Senate Amendment to Amendment (333236) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Section 163.31801, Florida Statutes, is amended
    7  to read:
    8         163.31801 Impact fees; short title; intent; minimum
    9  requirements; audits; challenges definitions; ordinances levying
   10  impact fees.—
   11         (1) This section may be cited as the “Florida Impact Fee
   12  Act.”
   13         (2) The Legislature finds that impact fees are an important
   14  source of revenue for a local government to use in funding the
   15  infrastructure necessitated by new growth. The Legislature
   16  further finds that impact fees are an outgrowth of the home rule
   17  power of a local government to provide certain services within
   18  its jurisdiction. Due to the growth of impact fee collections
   19  and local governments’ reliance on impact fees, it is the intent
   20  of the Legislature to ensure that, when a county or municipality
   21  adopts an impact fee by ordinance or a special district adopts
   22  an impact fee by resolution, the governing authority complies
   23  with this section.
   24         (3) At a minimum, an impact fee adopted by ordinance of a
   25  county or municipality or by resolution of a special district
   26  must satisfy the following conditions, at minimum:
   27         (a) Require that The calculation of the impact fee must be
   28  based on the most recent and localized data.
   29         (b) The local government must provide for accounting and
   30  reporting of impact fee collections and expenditures. If a local
   31  governmental entity imposes an impact fee to address its
   32  infrastructure needs, the entity shall account for the revenues
   33  and expenditures of such impact fee in a separate accounting
   34  fund.
   35         (c) Limit Administrative charges for the collection of
   36  impact fees must be limited to actual costs.
   37         (d) Require that Notice must be provided no less than 90
   38  days before the effective date of an ordinance or resolution
   39  imposing a new or increased impact fee. A county or municipality
   40  is not required to wait 90 days to decrease, suspend, or
   41  eliminate an impact fee.
   42         (e)Collection of the impact fee may not be required to
   43  occur earlier than the issuance of the building permit for the
   44  property that is subject to the fee.
   45         (f)The impact fee must be reasonably connected to, or have
   46  a rational nexus with, the need for additional capital
   47  facilities and the increased impact generated by the new
   48  residential or commercial construction.
   49         (g)The impact fee must be reasonably connected to, or have
   50  a rational nexus with, the expenditures of the funds collected
   51  and the benefits accruing to the new residential or commercial
   52  construction.
   53         (h)The local government must specifically earmark funds
   54  collected by the impact fee for use in acquiring, constructing,
   55  or improving capital facilities to benefit the new users.
   56         (i)The collection or expenditure of the impact fee
   57  revenues may not be used, in whole or part, to pay existing debt
   58  or be used for previously approved projects unless the
   59  expenditure is reasonably connected to, or has a rational nexus
   60  with, the increased impact generated by the new residential or
   61  commercial construction.
   62         (4) Audits of financial statements of local governmental
   63  entities and district school boards which are performed by a
   64  certified public accountant pursuant to s. 218.39 and submitted
   65  to the Auditor General must include an affidavit signed by the
   66  chief financial officer of the local governmental entity or
   67  district school board stating that the local governmental entity
   68  or district school board has complied with this section.
   69         (5) In any action challenging an impact fee, the government
   70  has the burden of proving by a preponderance of the evidence
   71  that the imposition or amount of the fee meets the requirements
   72  of state legal precedent or this section. The court may not use
   73  a deferential standard.
   74         (6)This section does not apply to water and sewer
   75  connection fees.
   76         Section 2. Paragraph (b) of subsection (3) of section
   77  163.3245, Florida Statutes, is amended to read:
   78         163.3245 Sector plans.—
   79         (3) Sector planning encompasses two levels: adoption
   80  pursuant to s. 163.3184 of a long-term master plan for the
   81  entire planning area as part of the comprehensive plan, and
   82  adoption by local development order of two or more detailed
   83  specific area plans that implement the long-term master plan and
   84  within which s. 380.06 is waived.
   85         (b) In addition to the other requirements of this chapter,
   86  except for those that are inconsistent with or superseded by the
   87  planning standards of this paragraph, the detailed specific area
   88  plans shall be consistent with the long-term master plan and
   89  must include conditions and commitments that provide for:
   90         1. Development or conservation of an area of at least 1,000
   91  acres consistent with the long-term master plan. The local
   92  government may approve detailed specific area plans of less than
   93  1,000 acres based on local circumstances if it is determined
   94  that the detailed specific area plan furthers the purposes of
   95  this part and part I of chapter 380.
   96         2. Detailed identification and analysis of the maximum and
   97  minimum densities and intensities of use and the distribution,
   98  extent, and location of future land uses.
   99         3. Detailed identification of water resource development
  100  and water supply development projects and related infrastructure
  101  and water conservation measures to address water needs of
  102  development in the detailed specific area plan.
  103         4. Detailed identification of the transportation facilities
  104  to serve the future land uses in the detailed specific area
  105  plan.
  106         5. Detailed identification of other regionally significant
  107  public facilities, including public facilities outside the
  108  jurisdiction of the host local government, impacts of future
  109  land uses on those facilities, and required improvements
  110  consistent with the long-term master plan.
  111         6. Public facilities necessary to serve development in the
  112  detailed specific area plan, including developer contributions
  113  in a 5-year capital improvement schedule of the affected local
  114  government.
  115         7. Detailed analysis and identification of specific
  116  measures to ensure the protection and, as appropriate,
  117  restoration and management of lands within the boundary of the
  118  detailed specific area plan identified for permanent
  119  preservation through recordation of conservation easements
  120  consistent with s. 704.06, which easements shall be effective
  121  before or concurrent with the effective date of the detailed
  122  specific area plan and other important resources both within and
  123  outside the host jurisdiction. Any such conservation easement
  124  may be based on digital orthophotography prepared by a surveyor
  125  and mapper licensed under chapter 472 and may include a right of
  126  adjustment authorizing the grantor to modify portions of the
  127  area protected by a conservation easement and substitute other
  128  lands in their place if the lands to be substituted contain no
  129  less gross acreage than the lands to be removed; have equivalent
  130  values in the proportion and quality of wetlands, uplands, and
  131  wildlife habitat; and are contiguous to other lands protected by
  132  the conservation easement. Substitution is accomplished by
  133  recording an amendment to the conservation easement as accepted
  134  by and with the consent of the grantee, and which consent may
  135  not be unreasonably withheld.
  136         8. Detailed principles and guidelines addressing the urban
  137  form and the interrelationships of future land uses; achieving a
  138  more clean, healthy environment; limiting urban sprawl;
  139  providing a range of housing types; protecting wildlife and
  140  natural areas; advancing the efficient use of land and other
  141  resources; creating quality communities of a design that
  142  promotes travel by multiple transportation modes; and enhancing
  143  the prospects for the creation of jobs.
  144         9. Identification of specific procedures to facilitate
  145  intergovernmental coordination to address extrajurisdictional
  146  impacts from the detailed specific area plan.
  147         10.Within 30 days after receiving an application for
  148  approval of a detailed specific area plan or related development
  149  order, a local government must review the application for
  150  completeness and issue a letter indicating that all required
  151  information is submitted or specifying with particularity any
  152  areas that are deficient. If deficient, the applicant has 30
  153  days to address the deficiencies by submitting the required
  154  additional information. Within 90 days after the initial
  155  submission, if complete, or the supplemental submission,
  156  whichever is later, the local government shall approve, approve
  157  with conditions, or deny the application for the detailed
  158  specific area plan. This time period may be waived in writing by
  159  the applicant. An approval or denial of the application for a
  160  detailed specific area plan or related development order
  161  approval must include written findings supporting the local
  162  government decision.
  163  
  164  A detailed specific area plan adopted by local development order
  165  pursuant to this section may be based upon a planning period
  166  longer than the generally applicable planning period of the
  167  local comprehensive plan and shall specify the projected
  168  population within the specific planning area during the chosen
  169  planning period. A detailed specific area plan adopted pursuant
  170  to this section is not required to demonstrate need based upon
  171  projected population growth or on any other basis. All lands
  172  identified in the long-term master plan for permanent
  173  preservation shall be subject to a recorded conservation
  174  easement consistent with s. 704.06 before or concurrent with the
  175  effective date of the final detailed specific area plan to be
  176  approved within the planning area. Any such conservation
  177  easement may be based on digital orthophotography prepared by a
  178  surveyor and mapper licensed under chapter 472 and may include a
  179  right of adjustment authorizing the grantor to modify portions
  180  of the area protected by a conservation easement and substitute
  181  other lands in their place if the lands to be substituted
  182  contain no less gross acreage than the lands to be removed; have
  183  equivalent values in the proportion and quality of wetlands,
  184  uplands, and wildlife habitat; and are contiguous to other lands
  185  protected by the conservation easement. Substitution is
  186  accomplished by recording an amendment to the conservation
  187  easement as accepted by and with the consent of the grantee, and
  188  which consent may not be unreasonably withheld.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete line 123
  193  and insert:
  194         An act relating to local government; amending s.
  195         163.31801, F.S.; revising the minimum requirements for
  196         the adoption of impact fees; providing an exception;
  197         amending s. 163.3245, F.S.; specifying the process for
  198         the local government review and approval of detailed
  199         specific area plans or related development orders;
  200         amending s.