Florida Senate - 2020                                    SB 1066
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00910-20                                           20201066__
    1                        A bill to be entitled                      
    2         An act relating to impact fees; amending s. 163.31801,
    3         F.S.; revising the conditions that counties,
    4         municipalities, and special districts must satisfy
    5         before enacting an impact fee by ordinance or passing
    6         an impact fee by resolution; providing timeframes for
    7         the collection of impact fees by local governments;
    8         providing that impact fee credits are assignable and
    9         transferable under certain conditions; requiring
   10         certain counties and municipalities to establish
   11         impact fee review committees; providing for
   12         membership; providing procedures for meetings and
   13         establishing quorums; providing committee duties;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 163.31801, Florida Statutes, is amended
   19  to read:
   20         163.31801 Impact fees; short title; intent; minimum
   21  requirements; audits; challenges.—
   22         (1) This section may be cited as the “Florida Impact Fee
   23  Act.”
   24         (2) The Legislature finds that impact fees are an important
   25  source of revenue for a local government to use in funding the
   26  infrastructure necessitated by new growth. The Legislature
   27  further finds that impact fees are an outgrowth of the home rule
   28  power of a local government to provide certain services within
   29  its jurisdiction. Due to the growth of impact fee collections
   30  and local governments’ reliance on impact fees, it is the intent
   31  of the Legislature to ensure that, when a county or municipality
   32  adopts an impact fee by ordinance or a special district adopts
   33  an impact fee by resolution, the governing authority complies
   34  with this section.
   35         (3) At a minimum, each county and municipality that adopts
   36  an impact fee by ordinance and each special district that adopts
   37  an impact fee by resolution an impact fee adopted by ordinance
   38  of a county or municipality or by resolution of a special
   39  district must satisfy all of the following conditions:
   40         (a) Require that the calculation of the impact fee be based
   41  on the most recent and localized data and exclude any cost that
   42  does not meet the definition of the term “capital asset” under
   43  generally accepted accounting principles as applied to local
   44  governments. The cost per student station established in school
   45  impact fee calculations may not exceed the statutory total
   46  maximum cost per student station calculated under s. 1013.64(6).
   47  The calculation of the impact fee must be based on the most
   48  recent and localized data.
   49         (b) The local government must provide for accounting and
   50  reporting of impact fee collections and expenditures. If a local
   51  governmental entity imposes an impact fee to address its
   52  infrastructure needs, the entity must account for the revenues
   53  and expenditures of such impact fee in a separate impact fee
   54  trust fund accounting fund.
   55         (c) Administrative charges for the collection of impact
   56  fees must be limited to actual costs.
   57         (d) The local government must provide notice not less than
   58  90 days before the effective date of an ordinance or resolution
   59  imposing a new or increased impact fee. A county or municipality
   60  is not required to wait 90 days to decrease, suspend, or
   61  eliminate an impact fee.
   62         (e) Collection of the impact fee may not be required to
   63  occur earlier than the date of issuance of the building permit
   64  for the property that is subject to the fee.
   65         (f) The impact fee must be proportional and reasonably
   66  connected to, or have a rational nexus with, the need for
   67  additional capital facilities and the increased impact generated
   68  by the new residential or commercial construction.
   69         (f)(g) The impact fee must be proportional and reasonably
   70  connected to, or have a rational nexus with, the expenditures of
   71  the funds collected and the benefits accruing to the new
   72  residential or nonresidential construction.
   73         (g)(h) The local government must specifically earmark funds
   74  collected under the impact fee for use in acquiring,
   75  constructing, or improving capital facilities to benefit new
   76  users.
   77         (h)(i) Revenues generated by the impact fee may not be
   78  used, in whole or in part, to pay existing debt or for
   79  previously approved projects unless the expenditure is
   80  reasonably connected to, or has a rational nexus with, the
   81  increased impact generated by the new residential or
   82  nonresidential construction.
   83         (4)The local government may not require the collection of
   84  the impact fee to occur earlier than the date on which the
   85  building permit for the property that is subject to the fee is
   86  issued.
   87         (5)(4) The local government must credit against the
   88  collection of the impact fee any contribution, whether
   89  identified in a proportionate share agreement or other form of
   90  exaction, related to public education facilities, including land
   91  dedication, site planning and design, or construction. Any
   92  contribution must be applied to reduce any education-based
   93  impact fees on a dollar-for-dollar basis at fair market value.
   94         (6)(5) If a local government increases its impact fee
   95  rates, the holder of any impact fee credits, whether such
   96  credits are granted under s. 163.3180, s. 380.06, or otherwise,
   97  which were in existence before the increase, is entitled to the
   98  full benefit of the intensity or density prepaid by the credit
   99  balance as of the date it was first established. This subsection
  100  shall operate prospectively and not retrospectively.
  101         (7)(6) Audits of financial statements of local governmental
  102  entities and district school boards which are performed by a
  103  certified public accountant pursuant to s. 218.39 and submitted
  104  to the Auditor General must include an affidavit signed by the
  105  chief financial officer of the local governmental entity or
  106  district school board stating that the local governmental entity
  107  or district school board has complied with this section and the
  108  spending period provision in the local ordinance.
  109         (8)(7) In any action challenging an impact fee or the
  110  government’s failure to provide required dollar-for-dollar
  111  credits for the payment of impact fees as provided in s.
  112  163.3180(6)(h)2.b., the government has the burden of proving by
  113  a preponderance of the evidence that the imposition or amount of
  114  the fee or credit meets the requirements of state legal
  115  precedent and this section. The court may not use a deferential
  116  standard for the benefit of the government.
  117         (9)(8) A county, municipality, or special district may
  118  provide an exception or waiver for an impact fee for the
  119  development or construction of housing that is affordable, as
  120  defined in s. 420.9071. If a county, municipality, or special
  121  district provides such an exception or waiver, it is not
  122  required to use any revenues to offset the impact.
  123         (10)(9) This section does not apply to water and sewer
  124  connection fees.
  125         (11)Impact fee credits are assignable and transferable at
  126  any time after establishment from one development or parcel to
  127  another within the same impact fee district or zone for the same
  128  type of public facility for which the impact fee is applicable.
  129         (12)(a) Each county or municipality that assesses impact
  130  fees shall establish an impact fee review committee.
  131         (b)1.The committee must be composed of the following
  132  members appointed by the county commission or the governing body
  133  of the municipality, as applicable:
  134         a.Two members who are employed by the county or
  135  municipality.
  136         b.Two members who represent the business community.
  137         c.Two members who are local residential contractors.
  138         d.One at-large member.
  139         2.The county commission or the governing body of the
  140  municipality, as applicable, shall appoint three alternate
  141  members, consisting of one representative from each of the
  142  categories described in sub-subparagraphs 1.a., b., and c., who
  143  shall serve in the absence of their respective member.
  144         3.Members and alternate members must be qualified electors
  145  of the county or municipality for at least 2 years before their
  146  appointment.
  147         4.Committee members shall serve at the pleasure of the
  148  local government and shall serve until they are replaced.
  149         (c)1.Each committee meeting must be duly noticed.
  150         2.A meeting may not be held unless a quorum is present. A
  151  quorum consists of a majority of members of the committee, but
  152  an alternate member shall count toward the quorum when a regular
  153  member is absent.
  154         3.A member who fails to attend three consecutive meetings
  155  or fails to attend two-thirds of the meetings within a calendar
  156  year automatically forfeits the appointment, and the county
  157  commissioners or members of the governing body of the
  158  municipality, as applicable, shall promptly fill the vacancy.
  159         4.Members of the committee shall serve without
  160  compensation.
  161         (d)The committee shall meet as needed to:
  162         1.Establish a policy and methodology for determining
  163  impact fees on new developments.
  164         2.Review the proposed impact fee on each new development
  165  before the fee becomes final.
  166         3.Submit recommendations made by the impact fee consultant
  167  to the county commission or governing body of the municipality,
  168  as applicable. The recommendations must be presented at the
  169  meeting when the impact fee on the new development will be
  170  discussed and voted upon.
  171         4.After each impact fee is adopted by the local
  172  government, review all proposed expenditures of that impact fee
  173  to ensure the fee is used for capital projects within the
  174  jurisdiction.
  175         (e)The committee shall select an impact fee consultant to
  176  develop the impact fee recommendations.
  177         Section 2. This act shall take effect July 1, 2020.