Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for CS for CS for HB 987
Senate . House
Senator Young moved the following:
1 Senate Amendment (with title amendment)
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
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
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
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
85 (d) The total amount of impact fees charged by type of
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
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
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.
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.
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;