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• <br />Indian River County 1 Impact Fee Update Study <br />procedural and methodological prerequisites, most of which were common to the practice <br />already. <br />More recent legislation further affected the impact fee framework in Florida, including the <br />following: <br />• HB 227 in 2009: The Florida legislation statutorily clarified that in any action <br />challenging an impact fee, the government has the burden of proving by a <br />preponderance of the evidence that the imposition or?amount of the fee meets the <br />requirements of state legal precedent or the ImpacttFee Act and that the court may <br />n ot use a deferential standard. <br />• SB 360 in 2009: Allowed fees to be decreased without the 90 -day notice period <br />required to increase the fees and purp d to chan. etge thetstandard of legal review <br />associated with impact fees. SB '360 also required the `FlNiS>orida Department of <br />Community Affairs (now the Departnieya of Economic Opportunity) and Florida <br />Department of Transportation ( <br />were completed in 2010.Nciv <br />FDOT) to conducfdies on "mobfees," which <br />Acts <br />• HB 7207 in 2011: Required+-adollar:for-dollar credit, for purposes of concurrency <br />J- �F <br />hc'�4 <br />compliance, for other impact fees paihand other concurrency mitigation required. <br />The credit must b"e reduced by the;percentage share the project s traffic represents <br />of the adde 1t apacity of,the select improvement (up to a maximum of 20% or to <br />an amount specified by dfdinance, whichever results in a higher credit). The courts <br />have =.not yet taken up the issueof whether a local government may still charge an <br />impact/mobility. fee inlieu of proportionate=share if the impact/mobility fee is higher <br />that the calculatedhproportionate share ontribution. <br />\toiS• HBA. <br />319 in 2013: Applied mostly to concurrency management authorities, but also <br />e ncouraged local governments to adopt alternative mobility systems using a series <br />Nub <br />of tools identified in section 3180(5)(f), Florida Statutes, including: <br />.Aef <br />1. Adoption of long-term strategies to facilitate development patterns that <br />support multimodal solutions, including urban design, and appropriate land <br />use mixes, including intensity and density. <br />2. Adoption of an area -wide level of service not dependent on any single road <br />segment function. <br />3. Exempting or discounting impacts of locally desired development, such as <br />development in urban areas, redevelopment, job creation, and mixed use on <br />the transportation system. <br />Tindale -Oliver & Associates, Inc. <br />January 2014 <br />Indian River County <br />3 Impact Fee Update Study <br />