Florida Senate - 2024 SB 1796 By Senator Burgess 23-01166-24 20241796__ 1 A bill to be entitled 2 An act relating to local government impact fees and 3 exactions; amending s. 163.3180, F.S.; requiring local 4 governments that impose nonmonetary exactions to 5 provide a specified amount of compensation; amending 6 s. 163.31801, F.S.; requiring that any impact fee be 7 collected only if the property subject to the fee 8 receives the service for which the fee is assessed; 9 requiring certain local governments and special 10 districts to establish impact fee zones or impact fee 11 districts for certain purposes; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Subsection (7) is added to section 163.3180, 17 Florida Statutes, to read: 18 163.3180Concurrency. 19 (7)A local government imposing a nonmonetary exaction 20 under this section must provide compensation equal to the fair 21 market value of the exaction imposed. 22 Section 2.Paragraphs (j) and (k) are added to subsection 23 (4) of section 163.31801, Florida Statutes, to read: 24 163.31801Impact fees; short title; intent; minimum 25 requirements; audits; challenges. 26 (4)At a minimum, each local government that adopts and 27 collects an impact fee by ordinance and each special district 28 that adopts, collects, and administers an impact fee by 29 resolution must: 30 (j)Ensure that any impact fee is collected only if the 31 property subject to the fee either receives the service for 32 which the fee is assessed or will receive the service within the 33 spending period adopted in the local ordinance or resolution. 34 (k)Establish impact fee zones or impact fee districts to 35 ensure the impact fee is expended to provide additional capital 36 facilities within the appropriate zone or district and to help 37 alleviate impacts generated by the new residential or commercial 38 construction subject to the fee. 39 Section 3.This act shall take effect October 1, 2024.