§ 23-122. Findings.

It is hereby ascertained, determined and declared that:

(1)

In 2011, at the request of the school board, the board amended a school impact fee ordinance which, prior to the 2016 revisions, reflected school impact fees in the amounts of six thousand five hundred twenty-five dollars ($6,525.00) for single-family houses, three thousand nine hundred twenty-one dollars ($3,921.00) for multifamily units (which included townhouses at the time), and four thousand three hundred forty-five dollars ($4,345.00) for mobile homes.

(2)

The school board has adopted a resolution which requests the county to adopt a revised school impact fee which requires future residential construction to contribute its fair share of the cost of capital improvements to the school system which are necessary to accommodate such growth. The revised impact fee will reflect the capital costs for the school system.

(3)

The school board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the capital improvements to the school system which are necessary to accommodate such growth.

(4)

Pursuant to section 1013.33(1), Florida Statutes, the school board and the board of county commissioners should coordinate the planning of educational facilities with proposed residential development.

(5)

Florida States § 163.3177 requires the county to adopt a comprehensive plan containing a capital improvements element which considers the need and location of public facilities within its areas of jurisdiction and the projected revenue source which will be utilized to fund these facilities. Furthermore, pursuant to F.S. § 163.3177 in 1997, the board adopted a "public school facilities element" as part of the county's comprehensive plan, and goal no. 4 of the element contains policies calling for review and updating of the school impact fee.

(6)

Section 23-167, Orange County Code, requires that this article and the impact fee study be reviewed and completed at least once every four (4) years.

(7)

Section 1013.35, Florida Statutes, requires the school board to annually adopt an educational facilities plan which includes as a component a five-year financially feasible district facilities work program, a copy of which the school board submits annually to the board.

(8)

The implementation of an updated school impact fee to require future growth to contribute its fair share of the cost of growth-necessitated capital improvements to the school system promotes the general welfare of the citizens of Orange County. Providing for education facilities that are adequate for the needs of growth promotes the general welfare of all county residents and constitutes a public purpose.

(9)

The projected capital improvements to the school system and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the educational needs of future residential construction as presented in the study entitled "Orange County Public Schools School Impact Fee Study Update Final Report" dated February 5, 2016, is hereby approved and adopted by the county, and such study is found to be based on the most recent and localized data and to be consistent with the comprehensive plan of the county and with the requirements of F.S. § 163.31801.

(10)

Administrative charges for the collection of school impact fees shall be calculated consistent with applicable state law, including section 163.31801(3)(c), Florida Statutes.

(11)

Interlocal agreements have been entered into between the county, the school board and the cities to assist in the implementation of the school impact fee within all areas of the county. The interlocal agreements provide for the collection and administration of the school impact fee throughout the county.

(12)

The establishment of a school impact fee is consistent with the comprehensive plan and is specifically found to serve a county purpose.

(13)

The State of Florida has not provided adequate funding for necessary school system capital improvements. The county, by the adoption of this article, does not intend to explicitly or implicitly assume any portion of the responsibilities of the State of Florida to provide for the school system, but only seeks to temporarily assist in funding those growth-necessitated capital improvements which have not been provided for by the state. The county expects the state to meet its obligations to the citizens of Orange County fully and to reestablish adequate funding of the school system.

(14)

Within a four-year period from the effective date of the 2016 revisions to this article, this article will be subject to review pursuant to section 23-167, Orange County Code.

(15)

This article will be subject to repeal by a majority vote of the board should any of the following occur:

a.

The state alters its funding level to the school board as a result of this school impact fee article; or

b.

The school board substantially redistributes and/or reallocates any impact fees funds collected pursuant to section 23-141(c), Orange County Code, for growth-necessitated capital expenditures to operating expenses or nongrowth-necessitated capital improvements; or

c.

The school board fails to maintain the maximum discretionary millage allowed by section 1011.71(2), Florida Statutes, as adjusted pursuant to section 1011.715, Florida Statutes, as a condition of the approval by the electors of a half (0.5) percent school surtax for capital improvements pursuant to section 212.055(6), Florida Statutes.

(16)

The county acknowledges that there are deficiencies in the school system capital improvements which will be addressed by the school board with revenues other than school impact fees.

(17)

The board has considered the short-term and long-term public and private costs and benefits of the proposed school impact fee ordinance and school impact fee study and has determined that sufficient information has been provided to enable the board to act. Therefore, the proposed ordinance need not be submitted to any additional advisory boards, nor shall an economic justification study be required, except as otherwise set forth herein.

(Ord. No. 92-28, § 1.02, 9-22-92; Ord. No. 98-31, § 2, 11-3-98; Ord. No. 2005-03 , § 2, 3-8-05; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2011-05 , § 2, 6-7-11; Ord. No. 2016-08 , § 2, 5-10-16)