November 26, 2020
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121341
  Amendment
Bill No. 1865
Amendment No. 121341
CHAMBER ACTION
Senate House
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1Representative(s) Goodlette offered the following:
2
3     Amendment (with title amendment)
4     Between lines 4293 and 4294, insert:
5     Section 31.  Florida Impact Fee Review Task Force.--
6     (1)  The Legislature recognizes that impact fees have been
7an important source of revenues to local governments to fund new
8growth. Local governments have assumed this responsibility under
9their constitutional home rule authority. With the increased use
10of impact fees, questions have arisen about whether their use
11should be regulated by law.
12     (2)  Effective upon this act becoming law, the Florida
13Impact Fee Review Task Force is created.
14     (3)(a)  The task force is to be composed of the following
1515 members, who shall be appointed within 30 days after the
16effective date of this section.
17     1.  Eleven members selected by the Governor, none of whom
18may be a member of the Legislature at the time of the
19appointment, as follows: two members of a county commission, two
20members of a city commission or council, two members of a local
21school board, two members of the development community, and two
22members of the homebuilding community. The Governor shall
23designate one additional appointee as chairman.
24     2.  One Senator appointed by the President of the Senate,
25and one member of the House of Representatives appointed by the
26Speaker of the House of Representatives, who shall be ex
27officio, nonvoting members.
28     3.  One citizen appointed by the President of the Senate,
29and one citizen appointed by the Speaker of the House of
30Representatives. The citizen appointees shall have no current or
31past direct relationship to local government, school boards, or
32the development or homebuilding industries.
33     4.  The Secretary of the Department of Community Affairs or
34his designee is to serve as an ex officio, nonvoting member.
35     (4)(a)  The task force shall act as an advisory body to the
36Governor and the Legislature.
37     (b)  The task force shall convene its initial meeting
38within 60 days after the effective date of this section and
39thereafter at the call of its chair.
40     (c)  Task Force members shall not receive remuneration for
41their services, but are entitled to reimbursement by the
42Legislative Committee on Intergovernmental Relations for travel
43and per diem expenses in accordance with s. 112.061, Florida
44Statutes.
45     (5)  The Task Force shall survey and review current use of
46impact fees as a method of financing local infrastructure to
47accommodate new growth and current case law controlling the use
48of impact fees. To the extent feasible, the review is to include
49consideration of the following:
50     (a)  Local government criteria and methodology used for the
51determination of the amount of impact fees.
52     (b)  Application and relative burden of impact fees in
53different areas of the state in relation to other methods of
54financing new infrastructure.
55     (c)  The range of use of impact fees as a percentage of the
56total capital costs for infrastructure needs created by new
57development.
58     (d)  The methods used by local governments for the
59accounting and reporting of the collection and expenditure of
60all impact fees.
61     (e)  Notice provisions prior to adoption and the effective
62date of local ordinances creating a new impact fee or increasing
63an existing impact fee.
64     (f)  Interlocal agreements between counties and cities to
65allocate impact fee proceeds between them.
66     (g)  Requirements and options related to timing of impact
67fees payments.
68     (h)  The importance of impact fees to the ability of local
69government to fund infrastructure needed to mitigate the impacts
70of development and meet statutory requirements for concurrency.
71     (i)  Methods used by local governments to ameliorate the
72effect of impact fee costs on affordable housing.
73     (6)  The task force shall report to the Governor, the
74President of the Senate, and the Speaker of the House of
75Representatives by February 1, 2006. The report shall include
76the task force's recommendations regarding:
77     (a)  Whether there is a need for statutory direction on the
78methodology and data used to calculate impact fees.
79     (b)  Whether there should be statutory direction on
80payment, exemption, or waiver of impact fees for affordable
81housing.
82     (c)  Whether there should be statutory direction on the
83accounting and reporting of the collection and expenditure of
84all impact fees.
85     (d)  Whether there is a need for statutory direction on the
86notice given in advance of the effective date of a new or
87amended impact fee ordinance.
88     (e)  Whether there is a need for statutory direction on the
89sharing of impact fees between counties and cities.
90     (f)  Whether there is a need for statutory direction on the
91timing of payment of impact fees.
92     (g)  Any other recommendation the Task Force deems
93appropriate.
94
95If the task force makes a recommendation for statutory
96direction, the report shall also contain the task force's
97recommendation for statutory changes.
98     (7)  The Legislative Committee on Intergovernmental
99Relations shall serve as staff to the task force and is
100authorized to employ technical support and expend funds
101appropriated to the committee for carrying out the official
102duties of the task force. All state agencies are directed to
103cooperate with and assist the task force to the fullest extent
104possible. All local governments are encouraged to assist and
105cooperate with the commission as necessary.
106
107================ T I T L E  A M E N D M E N T =============
108     Remove line(s) 247 and insert:
109the Governor and Legislature; creating the Florida Impact Fee
110Review Task Force; providing legislative findings; providing for
111membership; providing for meetings; providing duties and
112responsibilities of the task force; prohibiting compensation of
113the task force; providing for per diem and travel expenses;
114requiring a report to the Governor and Legislature; specifying
115report contents; requiring the Legislative Committee on
116Intergovernmental Relations to serve as staff; repealing s.
117163.31776,


CODING: Words stricken are deletions; words underlined are additions.
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