§ 23-97. Use of funds collected.

(a)

Creation of trust funds. The impact fees collected by the county pursuant to this section and the capacity reservation fees collected by the county pursuant to the concurrency management ordinance shall be kept separate from other revenue of the county. The impact fees and capacity reservation fees shall be separately earmarked. There shall be one (1) fund established for each of the four (4) impact fee zones and four (4) impact fee sub-zones, shown on a map labeled Exhibit "B" attached to Ordinance No. 2013-05 and made a part hereof. The capacity reservation fees shall be handled and refunded in a manner consistent with the concurrency management ordinance.

(b)

Limitation on expenditure of funds collected.

(1)

No impact fees shall be expended on a particular capital improvement pursuant to this article unless or until the BCC programs and identifies a source of funds for right-of-way acquisition and construction of improvements needed to overcome existing service deficiencies or future service deficiencies for a particular capital improvement which deficiency is not attributable to new growth and development.

(2)

The funds collected by reason of the establishment of the transportation impact fee in accordance with this article shall be used, at the sole discretion of the county, in all transportation impact fee zones solely for the purpose of acquisition, expansion, and development (including RCA and any studies) of the transportation facilities determined to be necessary to serve new development including, but not limited to:

(i)

Throughout the county:

a.

Design and construction plan preparation;

b.

Right-of-way acquisition;

c.

Construction of new through lanes;

d.

Construction of new turn lanes;

e.

Construction of new bridges;

f.

Construction of new drainage facilities in conjunction with new roadway construction;

g.

Purchase and installation of traffic control devices;

h.

Construction of new curbs, medians, and shoulders;

i.

Conservation area mitigation; and

j.

Compensating storage;

(ii)

Within the AMA only, in addition to a. though j. above:

k.

Sidewalks (not built as part of construction of a road improvement);

l.

Transit shelters;

m.

Park and ride lots;

n.

Lighting;

o.

Landscaping;

p.

Pedestrian bridges;

q.

Intelligent Transportation Systems (ITS); and

r.

Other mobility improvements.

(3)

All funds collected by reason of the establishment of the transportation impact fee in accordance with this article shall be used exclusively within the impact fee zones and sub-zones from which they were collected and in a manner consistent with the principles set forth in Contractors & Builders Association v. City of Dunedin , 329 So. 2d 314 (Fla. 1976), Hollywood, Inc. v. Broward County , 431 So. 2d 606 (Fla. 4th DCA 1983) cert. denied , 440 So. 2d 352 (Fla. 1983), and Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County , 446 So. 2d 140 (Fla. 4th DCA 984), cert. denied, 451 So. 2d 848 (Fla. 1984), and otherwise consistent with all requirements of the Constitution of the United States and the state and all applicable laws. The funds shall not be used to maintain or repair any transportation improvements.

(c)

Disbursal of funds. Funds withdrawn from these transportation impact fee accounts must be used solely in accordance with the provisions of this section. The disbursal of such funds shall require the approval of the BCC, upon recommendation of the county administrator.

(d)

Interest on funds. Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived shall be deposited in the applicable trust account.

(e)

Return of funds. The impact fees collected pursuant to this article shall be returned to the then present owner of the development if the development for which the fees were paid was never begun or in accordance with the following procedure if the fees have not been encumbered or spent by the end of the calendar quarter immediately following nine (9) years from the date the fees were received in accordance with the following procedure:

(1)

The then present owner must petition the BCC for the refund within one (1) year following the end of the calendar quarter immediately following nine (9) years from the date on which the fee was received.

(2)

The petition must be submitted to the county administrator and must contain:

a.

A notarized sworn statement that the petitioner is the current owner of the property;

b.

A copy of the dated receipt issued for payment of the fee;

c.

A certified copy of the latest recorded deed; and

d.

A copy of the most recent ad valorem tax bill.

(3)

Within sixty (60) days from the date of receipt of petition for refund, the county administrator or his designee shall advise the petitioner and the BCC of the status of the fee requested for refund. For the purpose of determining whether fees have been spent or encumbered, the first money placed in a trust fund account shall be deemed to be the first money taken out of that account when withdrawals have been made in accordance with subsection (c).

(4)

When the money requested is still in the trust fund account and has not been spent or encumbered by the end of the calendar quarter immediately following nine (9) years from the date the fees were paid, the money shall be returned without interest, unless the County earned interest on the funds.

(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13)