FL H0337

Local governments and special districts must credit against impact fee collections any contribution related to public facilities or infrastructure (including land dedication, site planning, design, or construction) on a dollar-for-dollar basis at fair market value, expanded beyond just education facilities.

Impact fee increases are capped at no more than 50% of the current rate, with increases up to 25% phased in over two equal annual increments and increases between 25-50% phased in over four equal installments; fees may not be increased more than once every 4 years. These limitations apply retroactively to January 1, 2021.

Local governments may exceed the phase-in caps only by completing a demonstrated need study within 12 months, holding at least two public workshops, and obtaining a two-thirds vote of the governing body to show extraordinary circumstances.

Impact fee credits are assignable and transferable at any time to other developments within the same or adjoining impact fee zone, regardless of when the credits were established; holders of existing credits retain the full benefit of prepaid density or intensity when fees are increased.

Local governments, school districts, and special districts must submit an affidavit with their annual financial report attesting that all impact fees were collected and expended in compliance with the applicable ordinance or resolution and used solely to acquire, construct, or improve specific infrastructure.