Ordinance 2015-60 ORDINANCE NO. 2015- 60
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY INCORPORATING, BY REFERENCE, THE
IMPACT FEE STUDY ENTITLED "COLLIER COUNTY SCHOOL
IMPACT FEE UPDATE STUDY," DATED JUNE 23, 2015;
AMENDING THE EDUCATIONAL IMPACT FEE WHICH IS
SCHEDULE FIVE OF APPENDIX A, AS SET FORTH IN THE
IMPACT FEE UPDATE STUDY; PROVIDING FOR CONFLICT AND
SEVERABIITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR A PHASED EFFECTIVE DATE BEGINNING ON FEBRUARY 8,
2016 IN ACCORDANCE WITH THE 90-DAY NOTICE
REQUIREMENTS SET FORTH IN SECTION 163.31801(3)(d)
FLORIDA STATUTES.
WHEREAS, on May 13, 1992, the Board of County Commissioners adopted Ordinance
No. 92-33, the Collier County Educational Facilities System Impact Fee Ordinance, thereby
establishing the County's then applicable Educational Facilities Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the"Code"); and
WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code to implement revised indexing methodology and thereby
established the Educational Facilities Impact Fee rates; and
WHEREAS, on August 19, 2010, the District voted unanimously to recommend a 50%
reduction in Educational Facilities (School) Impact Fees over a twenty-four month period; and
WHEREAS, on October 12, 2010, the Board of County Commissioners adopted
Ordinance No. 2010-39, with a retroactive date of October 8, 2010, providing for a 50%
reduction to the then current School Impact Fee rates at the recommendation of the District
School Board of Collier County; and
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WHEREAS, on October 11, 2011, the Board adopted an Ordinance providing for the
incorporation by reference of the Collier County School Impact Fee Update Study dated August
22, 2011 and provided that the School Impact Fee rates, which became effective October 8,
2010, and were lower than those rates calculated as part of the update study, remained in effect.
This direction was consistent with the positions of the Collier County Advisory Committees that
reviewed the study as well as the School Board recommendation; and
WHEREAS, on December 13, 2011, the Board accepted the calculation of the indexing
percentage for the Educational Facilities Impact Fees providing the current rates remain in effect
as those rates were lower than the rates that would be generated by the application of the index,
based on the 50%reduction of fees that was implemented in October 2010; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier County and
transmitted to the District School Board of Collier County for the purpose of funding growth-
related capital improvements; and
WHEREAS, the District uses impact fees to supplement the funding of necessary capital
construction and/or improvements to facilities required to provide public educational facilities to
serve new population and related development that is necessitated by growth in Collier County;
and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver (the "Consultant"), to
review the existing School Impact Fees and recommend changes to the fees where appropriate;
and
WHEREAS, Tindale-Oliver has prepared an impact fee study entitled the "Collier
County School Impact Fee Update Study,"dated June 23, 2015; and
WHEREAS, the "Collier County School Impact Fee Update Study" recommends
changes to the School Impact Fee rate schedule, as set forth in Schedule Six of Appendix "A";
and
WHEREAS, staff has thoroughly reviewed the study findings and concurs with the
results; and
WHEREAS, on May 12, 2015, the District voted unanimously to accept the Impact Fee
Update Study and recommended adoption of the proposed Educational Facilities (School) Impact
Fee rate schedule at 100%; and
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Page 2 of 7
WHEREAS, staff recommends that the Board of County Commissioners adopts this
Ordinance to incorporate the study,by reference; and
WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires that the most recent and localized data be used in impact fee calculations and these
studies comply with that requirement; and
WHEREAS, on October 27, 2015, the Board of County Commissioners directed that the
School Impact Fee rates be implemented consistent with the Development Services Advisory
Committee's recommendation of reduced rates,with a three-year phase-in.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106. Adoption of impact fee studies.
The board hereby adopts and incorporates by reference the following studies with regard
to the respective public facilities:
***
(6) Educational facilities: "Collier County School Impact Fee Update Study," prepared
by Tindale-Oliver .,• : • '. , • .. . :. (August 22, 2011 June 23, 2015);fie
District School Board of Collier County Capital Improvement Plan for Fiscal Year
2006/07 2010/11;
***
SECTION TWO. Schedule Six, Educational Facilities (School) Impact Fee Rate Schedule, of
Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended as set
forth in the attachment to this Ordinance.
SECTION THREE. CONFLICT AND SEVERABILITY.
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In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance"may be changed to "section," "article,"or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective February 8, 2016, subject to filing with the Florida
Department of State.
PASSED AND DULY OPT D by the Board of County Commissioners of Collier
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County, Florida this 10 day of , 2015.
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ATTEST f ,, BOARD OF COUNTY COMMISSIONERS
Dwight E Brock, Clerk°:;. OF COLLIER COUNTY, FLORIDA
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im tcst'as to cl,aFl;n,an S, Deputy Clerk Tim Nance, Chairman
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I i Approv:; s ;.'s - 3 legality:
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!IPh■. 4 ',Aezary of Sra ,,'s 0; .t...:7 it,.
Jeffrey . . kow, County Attorney J r,7�, c i..Nov-..____,at1S.__
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APPENDIX A
SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL)IMPACT FEE RATE
SCHEDULE Phase 1 Effective October 8 0-February 8,2016
Impact Fee Land Use Category Rate
Mobile Home/RV Park $3,343.69$4,567.13 Per Unit/Site
Multi-Family $1,671-.84$2,033.33 Per Dwelling Unit
Single-Family Detached House $6,424.33 Per Dwelling Unit
Less than 1,500 sq. ft. $4,806.41 Per Dwelling r nit
1,500 to 2,499 sq. ft. . ! ' - ! - _ - •
2,500 sq. ft. or larger •_ ! ; _ ,
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APPENDIX A
SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE
SCHEDULE Phase 4-2 Effective February 8,20167
Impact Fee Land Use Category Rate
Mobile Home/RV Park $4,567.13 $5,790.57 Per Unit/Site
Multi-Family $2 $2,394.66 Per Dwelling Unit
Single-Family Detached House $6,121.33 $7,470.66 Per Dwelling Unit
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APPENDIX A
SCHEDULE SIX: -EDUCATIONAL FACILITIES (SCHOOL) IMPACT FEE RATE
SCHEDULE Phase 23 Effective February 8,20l8
Impact Fee Land Use Category Rate
Mobile Home/RV Park $5T790,57 $7,014.00 Per Unit/Site
Multi-Family S2,394-.-66 $2,756.00 Per Dwelling Unit
Single-Family Detached House $7,470.66 $8,517.00 Per Dwelling Unit
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19.N,�
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 13, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-60,which was filed in this office on November 13,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us