No. CS/CS/HB 1139
Filed under Development & Land Use.
Impact Fees; Provides requirements for coordination mechanisms that are required for certain agreements required as part of intergovernmental coordination element of comprehensive plan; requires that plan-based methodology used for certain interlocal agreements be consistent with certain comprehensive plan requirements; requires that demonstrated-need study use plan-based methodology; prohibits local governments, school districts, & special districts from including certain deductions in certain impact fee increases & from increasing impact fee rates beyond certain phase-in limitations by more than specified percentage; provides that prevailing petitioner is entitled to impact fee overpayment refund, with interest; provides that certain prevailing petitioners are entitled to reasonable attorney fees & costs.
Plain English Summary
AI-GENERATEDLocal governments, school districts, and special districts face new limits on how much and how fast they can raise impact fees.
Agencies must now use a specific, data-driven methodology to justify any fee increase that exceeds standard phase-in limits.
If a court finds an impact fee was improperly assessed, the government must refund the overpayment with interest within 90 days.
Prevailing petitioners who are local residents or business owners are now entitled to recover their attorney fees and costs.
AIAdds a mandatory definition requiring impact fee studies to use localized data to project 10-year growth and identify specific capital projects.
AIRequires comprehensive plan coordination mechanisms to include plans for funding mitigation of development impacts that cross jurisdictional boundaries.
AIProhibits local governments, school districts, and special districts from using data older than four years or including previous deductions when exceeding phase-in limits.
AICaps the maximum allowable increase in impact fee rates at 100 percent, distributed equally over a four-year period.
AIEntitles prevailing petitioners to refunds of overpaid impact fees with interest and reasonable attorney fees if the government fails to meet legal requirements.
AIShifts the burden of proof to the government to show impact fees meet legal requirements, prohibiting courts from using deferential standards.