Bill Amendment: FL S1348 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Community Development Districts
Status: 2018-03-10 - Died in Messages [S1348 Detail]
Download: Florida-2018-S1348-Senate_Floor_Amendment_326960.html
Bill Title: Community Development Districts
Status: 2018-03-10 - Died in Messages [S1348 Detail]
Download: Florida-2018-S1348-Senate_Floor_Amendment_326960.html
Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 1348 Ì3269600Î326960 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Young moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 38 and 39 4 insert: 5 Section 1. Section 163.31801, Florida Statutes, is amended 6 to read: 7 163.31801 Impact fees; short title; intent; minimum 8 requirements; audits; challengesdefinitions; ordinances levying9impact 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 feeAn impact feeadopted by 24 ordinance of a county or municipality or by resolution of a 25 special district must satisfy the following conditions, at26minimum: 27 (a)Require thatThe calculation of the impact fee mustfee28 be 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)LimitAdministrative charges for the collection of 36 impact fees must be limited to actual costs. 37 (d)Require thatNotice 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 of 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 2 193 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;