Agenda 09/17/2002 WCOLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
IMPACT FEE WORKSHOP
SEPTEMBER 17, 2002
ANALYSIS OF THE
RECOMMENDATIONS RECEIVED
FROM THE PUBLIC AT THE
AUGUST 20, 2002 IMPACT FEE
INCREASE LISTENING SESSION
Prepared by the Financial Administration and Housing Department
Community Development and Environmental Services Division,
9/12/02
A enda
9:00 - 9:45 am -
1. Overview of Road Impact Fee Calculations.
Norman Feder
9:45 - 10:00 am- 2.
Overview of August 20, 2002 Public Listening
Session.
Joe Schmitt
10:00- 10:15 am-
Break
10:15- 11:30 am- 3.
Review of Proposals from the Public Listening
Session.
Denny Baker - Overview
Cormac Giblin- Workforce Housing
Helene Caseltine - Economic Development
Phil Tindall - Alternative Revenue Sources
11:30 - 12:00 pm - 4. Public Comments
Table of Contents
Section I- Agenda
1.1 Workshop Agenda
Section II- Table of Contents
2.1 Table of Contents
Section III - Impact Fee Mitigation Matrix
3.1 Impact Fee Matrix showing the suggestions received at the public comment
session and which section they pertain to.
Section IV - Workforce Housing
4.1.1 Analysis of the Effects of the Impact Fee Increase on Workforce Housing
Mitigation Suggestions:
4.2.1 Provide Local Matching Funds for Workforce Housing
4.3.1 Inclusionary Zoning (Draft Ordinance Included)
4.4.1 Linkage Fees (Draft Ordinance Included)
4.5.1 Tourist Impact Tax
4.6.1 Food and Beverage Sales Surcharge
4.7.1 Analysis of Land Use Categories
Section V - Economic Development
5.1.1 Analysis of the Effects of the Impact Fee Increase on Economic Development
Mitigation Suggestions:
5.2.1 Deferral of Transportation Impact Fees (Comparisons table included)
5.3.1 Increase in Millage Rate (Millage rate table included)
5.4.1 Establish Geographic Overlays ("No-Fee" Zones and relief programs)
5.5.1 Local Option Gas Tax
Section VI - Alternative Revenues
6.1.1 Analysis of Alternative Means of Raising Revenue for Infrastructure
Augmenting Suggestions:
6.2.1 Real Estate Transfer Tax
6.3.1 Raise Millage Rate
IMPACT FEE
MITIGATION MATRIX
0
m
Analysis of the options to
mitigate the effect of Road
Impact Fees Increases to
Workforce Housing
Section Index
Page
Title
4.1.1
Analysis of the Increase in Road
Impact Fees- Workforce Housing
Perspective
4.2.1
4.3.1
Provide Local Matching Funds for the
County's Workforce Housing Efforts
Inclusionary Zoning
4.4.1
Linkage Fees
4.5.1
Tourist Impact Tax
4.6.1
Food and Beverage Sales Surcharge
4.7.1 Analysis of Land Use Categories
Analysis of an Increase in
Road Impact Fees-
Workforce Housing
Perspective
Analysis of the Effects of the Proposed Road Impact
Increase on Workforce Housing
The proposed Road Impact Fee increase will increase the cost of single-family homes in Collier
County by $2,037 to $3,205.
For every $1,000 increase in the price of housing, 311 households can no longer afford to buy a
home in Collier County.
The proposed Transportation Impact Fee increase will raise the cost of building even the most
modest of homes by $2,037, immediately eliminating 633 homebuyers from Collier County.
This increase and existing market conditions are requiring the County's workforce to make longer
and longer commutes to employment centers from
These long commutes further compound the transportation traffic problem by requiring more cars
to be on the roads traveling greater distances.
A recent study commissioned by Lee County concludes that for every $1 the County commits
towards workforce housing, locating it nearer to employment centers, the County would save $25
in needed road improvements while experiencing less traffic, infrastructure problems, and lost
economic potential.
Florida Statues, Section 163.3177 (6,f.), mandates that all counties in Florida have the legal
obligation to provide affordable housing for ALL of their current and future residents.
Collier County currently allocates $1,000,000 of its SHIP money per year towards Impact Fee
Relief programs for Iow and very-low income first-time homebuyers.
In FY2002 the $1,000,000 was able to assist 107 households build their first homes (ave. $9,346/
home in Impact Fee Relief).
After the enactment of the proposed Road Impact Fee increase that same $1,000,000 allocation
would only be able to serve approximately 85 households (ave. $11,765/home in Impact Fee
Relief).
In addition to this Road Impact Fee increase, the County has scheduled Impact Fee updates for
the following fees to occur between January and February 2003:
Correctional Facilities - Jan 2003
Law Enforcement (new fee) - Jan 2003
Educational Facilities - Jan 2003
Fire Protection - Jan 2003
Water & Sewer- Feb. 2003
Governmental Buildings (new fee)-
Feb. 2002
Fudherupdates are plannedforthe Emergency MedicalServices and LibrarylmpactFeeforlater
in 2003.
Viewing all of these increases together provides a realistic perspective on the domino effect that
Impact Fee increases will have on the supply of Workforce Housing.
Staff strongly recommends increasing the Road and all other Impact Fees to their legally
justifiable maximums, while at the same time aggressively enacting various new programs aimed
at mitigating the negative effects of the fee increase on the supply and availability of Workforce
Housing and Targeted Industry Economic Development.
_ 4_1_1_
Public Suggestion:
PROVIDE LOCAL
MATCHING FUNDS FOR
THE COUNTY'S
WORKFORCE HOUSING
EFFORTS
PROVIDE LOCAL MATCHING FUNDS FOR THE
COUNTY'S WORKFORCE HOUSING EFFORTS
OBJECTIVE: To offset the increase in housing costs created by raising impact fees by
allocating local resources to the development of workforce housing.
CONSIDERATIONS: Collier County is currently allocated approximately $2,000,000 per
year from the State of Florida through the SHIP program. This is the County's only
dedicated funding source for the development of workforce housing.
Administration expenses (salaries, rent, office supplies, insurance, etc.) are all deducted
from this allocation.
The recommendation is for the county to provide a 1:1 local match for the State SHIP
funds it receives. Doing so would provide approximately an additional $2,000,000 to be
used in programs developed to increase the supply of workforce housing (i.e.- Impact
Fee Relief, Down Payment Assistance, Land Acquisition).
FISCAL IMPACT: Approximately $2,000,000 would be required from the County's
General Fund to provide a match for the State SHIP Funds.
If the funds were not identified elsewhere in the budget, the $2,000,000 match could be
provided by increasing the millage rate by .05mills, or $5 for every $100,000 taxed.
Taxable Value
$100,000 $200,000 $300,000 $400,000
of Property
Yearly Tax
increase
needed for $5 $10 $15 $20
.05mills.
IMPLEMENTATION: Implementation of this program would require a majority vote of
the Board of County Commissioners.
TIMEFRAME: This program could be implemented immediately upon approval by the
BCC.
STAFF ANALYSIS: Of all the options presented to mitigate the costs of rising impact
fees and home prices, this option would be the easiest to implement, provide the
greatest immediate effects, and have the least impact from a tax burden perspective.
Collier County is one of only a small handful of counties in the state that does not
allocate local revenues for workforce housing. The increase in tax burden to the public
caused by implementing this program would be extremely minimal. Increased impact
fees will continue to drive up the cost of both new and existing homes in Collier County,
further pricing out most of the workforce. By implementing this program the County will
be able to create and preserve an affordable housing stock to be used by the workforce
of the county.
4.2.1
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attomey~ ~-~'~
September 11, 2002
Impact Fee Mitigation Suggestions- Provide Local Matching Funds
for the County's Workforce Housing Efforts
Query:
Please review providing local matching funds for the County's Workforce Housing
efforts as an alternative funding source in lieu of or in addition to or in mitigation of
impact fess for legal sufficiency and comment on what would be needed to enact each
(i.e. - Legislative Action, Referendum, Super-Majority Vote, Majority Vote, Ordinance
Amendment, LDC/GMP Amendment...
Response:
Local matching funds may be provided by local action of the Collier County Board of
County Commissioners by passage of the local budget and implementing any needed
increase in the ad valorem tax rate.
Cc.'
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director o£Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Provide Local Matching Funds-Workforce
4.2.2
Public Suggestion:
INCLUSIONARY
ZONING
INCLUSIONARY ZONING
OBJECTIVE: To increase the supply of new workforce housing created in
Collier County while ensuring an equitable geographic distribution by instituting
an Inclusionary Zoning Ordinance.
CONSIDERATIONS: Inclusionary Zoning is a land use tool that would require a
certain number of units in all new developments be rented or sold to as workforce
housing. Developments may have the option to contribute to a fund rather than
include the units, thus creating an additional funding source for the County's
workforce housing efforts.
FISCAL IMPACT: While the goal of an Inclusionary Zoning ordinance is to
entice the private sector to construct workforce housing, it is anticipated that in
some instances the nature of the development would prohibit this. In those cases
the County may collect a fee in lieu of the developer providing the workforce
housing. The fees would be deposited into a trust fund with which the County
would then further the development of workforce housing.
IMPLEMENTATION: Implementation of this program would require a majority
vote of the Board of County Commissioners. Amendment would be required to
the County's Land Development Code and Growth Management Plan.
TIMEFRAME: This program could be implemented immediately upon approval
by the BCC.
STAFF ANALYSIS: Inclusionary Zoning has been the focal point of the County's
Workforce Housing Advisory Committee for the past year. That committee is
currently reviewing a draft Inclusionary Zoning ordinance. They hope to hold a
public input workshop within the next few months to present their plan to the
community. Inclusionary Zoning is a long-term solution that ensures the
continued development of workforce housing throughout the county well into the
future. The ordinance could be codified in the Land Development Code and
Growth Management Plan during their next scheduled update cycles.
4.3.1
OFFICE OF THE CO UNTY/ITTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney
September 11, 2002
Impact Fee Mitigation Suggestions- Inclusionary Zoning
Query:
Please review Inclusionary Zoning as an alternative funding source in lieu of or in
addition to or in mitigation of impact fess for legal sufficiency and comment on what
would be needed to enact each (i.e. -Legislative Action, Referendum, Super-Majority
Vote, Majority Vote, Ordinance Amendment, LDC/GMP Amendment...
Response:
The Florida legislature recently passed Florida Statutes, Section 125.01055 permitting a
County to implement Inclusionary Zoning by local ordinance. The Collier County Board
of County Commissioners may pass the necessary land use ordinance and after staff
analysis, determine if Florida Statutes, Section 163.3202(3) requires an amendment to
the Collier County Growth Management Plan in order to implement the process.
Co'
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Inclusionary Zoning
4.3.2
AFFORDABLE HOUSING INCLUSIONARY ORDINANCE
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE
COUNTY'S AFFORDABLE HOUSING INCLUSIONARY DEVELOPMENT
ORDINANCE; DESCRIBING THE INTENT AND PURPOSE OF THE
ORDINANCE; PROVIDING APPLICABILITY, PROVIDING PAYMENT IN LIEU
OPTION, PROVIDING FOR EXEMPTIONS, PROVIDING FOR DEVELOPMENT
INCENTIVES; PROVIDING FOR ADMINISTRATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Whereas ............... (Use info and numbers from the Comp Plan)
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION i. CREATION
The Collier County Affordable Housing Inclusionary Development Ordinance is
hereby created as follows:
SECTION I1. PURPOSE AND INTENT
The purpose and intent of the Inclusionary Development Ordinance is as follows:
1. To implement the goals, policies, and objectives of the Collier County
Comprehensive Plan to increase the supply of housing that is available and
affordable to very-low and Iow income persons; and
2. To provide a range of housing opportunities for those who work in Collier
County and who provide the community with essential services but may be
unable to pay market rents or housing prices in the community; and
3. To ensure that affordable housing opportunities are available throughout the
entire community; and
4. To ensure that such housing remains in the affordable housing stock; and
5. To mitigate the impacts of the decreasing supply of developable available
- - - -bi%AFT- - - -
sites in Collier County and the upward pressure on the pricing of all housing in
the county; and
6. To provide incentives to developers inclusionary housing; and
7. To provide alternative methods for compliance with the intent of this
Ordinance, including payment in lieu to a Housing Trust Fund.
8. (Need #'s establishing Need)
sECTiON III. DEFINITIONS.
The following words and phrases, as used in this Section, have the following
meanings:
1. Affordable Housing Units - Housing for which monthly mortgage Payments
(including taxes and insurance), or monthly rents (including utilities), do not
exceed thirty percent (30%) of that amount which represents eighty percent
(80%) of the median adjusted gross annual 'income for the households qualifying
under the definitions of very-low and Iow income persons, as provided by the
U.S. Department of Housing and Urban Development data provided annually to
Collier County by the Florida Housing Finance Corporation.
2. Developments of Regional Impact - as defined in Part II, Chapter 380.06,
Florida Statutes.
3. Eligible Households - Households with total gross yearly incomes of less than
80% of the area median income adjusted for family size, as provided by the U.S.
Department of Housing and Urban Development data provided annually to Collier
County by the Florida Housing Finance Corporation.
4. Inclusionary Housing Trust Fund - a trust fund established by Collier County to
support the development and preservation of affordable housing.
5. Workforce Housing - (need definition here)
SECTION IV. APPLICABILITY
1. The provisions of this Section shall apply to all developments seeking
subdivision approval, special permits with site plan review such as Developments
of Regional Impact (DRIs) or Planned Unit DeVelopments (PUDs) that propose to
develop 5_.Q0 or more dwelling units of new construction, (hereinafter sometimes
referred to as Inclusionary Development). Developments shall not be segmented
or phased in a manner to avoid compliance with these provisions. (need to
specify when these requirements kick in .... SDP, PUD, etc.)
For the puqooses of this policy two or more developments shall be aggregated
and considered as one development, if they are no more than 1/4 mile apart and
any two of the following criteria are met:
There is a common interest in two or more developments.
(ii) The developments will undergo improvements within the same five-year
period.
(iii) A master plan exists submitted to a governmental body addressing two or
more of the developments.
2. Developments having more than 50 units, shall provide a minimum of fifteen
percent (15%) of the total number of permitted dwelling units on-site as
Affordable Units as follows: Ten percent (10%) of.the Affordable Units shall be
affordable to Iow income families (those earning less than 80% of area median
income) and five percent (5%) of the Affordable Units shall be affordable'to very-
Iow income-families (those earning less than 50% of the area median income).
Where the application of this formula results in a fractional dwelling unit, that
fractional unit shall be considered as one Affordable Unit.
3. All Affordable Housing Units shall remain affordable in perpetuity though the
use of a deed restriction that shall be recorded in the public records of Collier
County.
4. All Affordable Housing Units shall be initially and subsequently certified as to
unit and income household eligibility by the Collier County Financial
Administration and Housing Department, based on the then current SHIP income
guidelines provided annually by the Florida Housing Finance Corporation; and, in
the event of rental units, shall be monitored at least annually thereafter.
5. All Affordable Housing Units Shall be located either within the boundaries
of the proposed development or within a maximum of five (5, or 2, or 1777) miles
of the development's boundary. (Maybe use the Road Impact fee zones)
SECTION V. DEVELOPER BENEFITS
1. All eligible households shall have the benefit of additional downpayment and
closing cost assistance, provided specifically for housing produced pursuant to
this inclusionary housing ordinance, within the Collier County SHIP Local
Housing Assistance Plan, or other State or Federal funding sources;
4.3.5
2. All Inclusionary Developments providing inclusionary units shall have the
benefit of a density bonus as provided pursuant to the Density Rating System of
Collier County without further review or approval.
3. All Affordable Units constructed pursuant to this Ordinance shall have fees
waived for building permits.'
4. All PUD developments developed in accordance with this inclusionary
housing ordinance shall have the benefit of PUD pre-application fee and PUD
application fee waiver.
SECTION VI. PAYMENT IN LIEU OPTION
1. Although it is intended that Affordable Units be included on-site, Collier
County may allow the requirements of this ordinance to be met through the
payment of a fee in lieu of construction for Developments with less than .100
residential units, as follows:.
a). The fee in lieu of construction shall be equivalent to 25% of the difference
between the average proposed selling price of units within a PUD, the current
phase of a DRI,'and the maximum.affordable housing sales price allowed under
the Collier County SHIP Home Buyer Program at the time of payments. In no
event shall the fee exceed $50,000 per unit.
b) A request may be made to the Board of County Commissioner to accept an
alternative to the payment in lieu option, in the event some equal or greater
contribution is proposed that would further the goals of this ordinance. Examples
include, but are not limited to, the donation of developable land in an area that
would provide housing choice and accessibility to employment opportunities, or
the provision of infrastructure in specific areas where the County plans to build or
rehabilitate affordable housing.
c) The Affordable Housing In Lieu Fee shall be deposited in the Inclusionary
Housing Trust Fund of Collier County County.
Example
80-Unit Development
15% Reserved for Low and Very Low Income Buyers
10% LI 8 units
5% VLI 4 units
Total =12 units
4.3.6
DI AFT- - - -
With a mean (average) proposed sales price of $175,000:
$17'5,000
-130,000 (maximum SHIP sales price for Collier County, new construction)
40,000
x .25
$10,000 per unit
x12
$120,000 payment in lieu due to County
. SECTION VII. EXEMPTIONS
The following developments shall be exempt from this Ordinance:
1. Developments intended to accommodate the construction of less than fifty
residential units;
2. Residential development provided as part of the County's affordable housing
program, the Collier County Housing Authority, or any federal, or state affordable
housing and community development programs;
3. Residential development in census tracts where the median family income is
equal to or less than the 50% of the median family income for Collier County,
except for Developments of Regional Impact. This Ordinance applies to
Developments of Regional Impact having a residential component wherever
located.
4. Nursing homes, assisted care living facilities, and retirement homes;
5. School dormitories;
6. Mobile home and manufactured home parks and subdivisions.
SECTION VIII. ADMINISTRATION
The implementation of the Ordinance shall be administered by the Department of
Community Development, or its successor in interest. Among other things, this
Depadment shall be responsible for certifying the eligibility of applicants before
certificates of occupancy or their equivalent are issued for inclusionary units and
for certifying eligibility of tenants for rental units.
- - - -DRAFT- - - -
SECTION IX. SEVERABILITY
If any word, phrase, clause, section or portion of this Ordinance shall be held
invalid or unconstitutional by a court of competent jurisdiction, such portion or
words shall be deemed as a separate, district and independent provision and
such holding shall not affect the validity of the remaining portion of the
Ordinance.
EFFECTIVE DATE
This Ordinance shall become effective according to law six months after
adoption.
DULY PASSED AND ADOPTED THIS
DAY OF ,2OO2.
By:.
BOard of County Commissioners
ATTEST:
Clerk of the Circuit Court
BY:
APPROVED AS TO FORM
County Attorney
4.3.8
Public Suggestion:
LINKAGE FEES
LINKAGE FEES
OBJECTIVE: Offset the increase in housing costs created by raising impact fees by
instituting a fee that links new commercial, industrial, and non-affordable residential
construction to the workforce housing demands that they create.
CONSIDERATIONS: Linkage Fees are a fee collected at the building permit stage that
would assess a fee on new commercial, industrial and high-end residential construction
based on the workforce housing demands they create, thus creating an additional
funding source for the County's workforce housing efforts.
A rational nexus has been established linking these types of construction with the
workforce housing demands they create.
For example: every 1,000 square feet of new commercial space built creates the need
for approximately four full-time employees. Every seven new homes built create the
need for one additional full time employee. Eighty-three percent of the jobs in Collier
County are in the four lowest paying sectors of employment (construction, retail,
services, & agriculture).
High-wage paying, targeted industries would be exempt from the linkage fee
requirement.
Linkage fees are currently used in communities around Florida and nation-wide.
The City of Winter Park, FL has had a linkage fee program in place for nearly ten
years.
FISCAL IMPACT: Linkage fees are a per square foot fee collected at the building
permit stage on new commercial, industrial, and non-affordable residential construction.
Around the country in such places as New England, Colorado, and California those fees
range from a few dollars to over thirty-five dollars per square foot.
In Collier County a $1 per square foot fee assessed on only non-targeted industry new
commercial development would generate approximately $2,500,000 each year to be
used to increase the supply of workforce housing.
IMPLEMENTATION: Implementation of this program would require majority vote of the
Board of County Commissioners.
TIMEFRAME: It would take approximately 3 months for a proposal of this nature to be
implemented by the BCC.
STAFF ANALYSIS: The county's Workforce Housing Advisory Committee is currently
reviewing a draft Linkage Fee ordinance. They hope to hold a public input workshop
within the next few months to present their plan to the community. A Linkage Fee would
only require a majority vote by the Board of County Commissioners and could be
implemented fairly quickly. Linkage Fees would not be assessed on Economic
Development Projects, high wage paying businesses, or "Targeted Industries."
4.4.1
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney 2~~
September 11, 2002
Impact Fee Mitigation Suggestions- Linkage Fees
Query:
Please review Linkage Fees as an alternative funding source in Heu of or in addition to
or in mitigation of impact fess for legal sufficiency and comment on what would be
needed to enact each, i.e. - Legislative Action, Referendum, Super-Majority Vote,
Majority Vote, Ordinance Amendment or LDC/GMP Amendment.
Response:
This is a local option fee, however, Linkage Fees are problematical because it is difficult
to rationalize the imposition of linkage fees and impact fees also. The City of Winter
Park has imposed a "Linkage Fee' but it appears in lieu of Impact Fees for everything but
Schools. Additionally, Florida law has created a fine distinction between a fee and a tax.
If the Linkage Fee is found to be a tax, it would violate both Florida statutory law and the
Florida Constitution.
Preemption of Taxation to the State:
Article VII, section 1 (a) of the Florida Constitution (1968), provides that "no tax
shall be levied except in pursuance of law" and that "no state ad valorem taxes shall be
levied..." It also provides that "All other forms of taxation shall be preempted to the state
except as provided by general law."
Article VII of the 1968 Florida Constitution is a limitation on the power to tax,
whether imposed by ordinance or special act. All taxes other than ad valorem taxes are
preempted to the state except as authorized by general law.
II. Difference Between a Tax and a Fee:
The legal inquiry, when a county revenue source is imposed by ordinance, is
whether the charge meets the legal sufficiency test for a valid fee or assessment. If not,
the charge is a tax and general law authorization is required under the tax preemption
provisions of Article VII, section 1 of the Florida Constitution. If not a tax under Florida
4.4.2
case law, the imposition of the fee or assessment by ordinance is within the constitutional
and statutory home rule power of Collier County.
HI. Article VII, Section 9(b), Florida Constitution:
Ad valorem taxes levied for the payment of bonds and taxes
levied for periods not longer than two years when authorized by
vote of the electors who are the owners of freeholds therein not
wholly exempt from taxation, shall not be levied in excess of the
following millages upon the assessed value of real estate and
tangible personal property: for all county purposes, ten mills; ...
A county furnishing municipal services may, to the extent
authorized by law, levy additional taxes within the limits fixed
for municipal purposes.
IV. Section 200.071, Florida Statutes:
(1) Except as otherwise provided herein, no ad valorem
tax millage shall be levied against real property and tangible
personal property by counties in excess of 10 mills, except for
voted levies.
(2) The board of county commissioners shall, in the event
the sum of the proposed millage for the county and dependent
districts therein is more than the maximum allowed hereunder,
reduce the millage to be levied for county officers, dependent
special districts so as not to exceed the maximum millage
provided under this section or s.200.091.
(3) Any county which, through a municipal service taxing
unit, provides services or facilities of the kind or type commonly
provided by municipalities, may levy, in addition to the millages
otherwise provided in this section, against real property and
tangible personal property within each such municipal services
taxing unit an ad valorem tax millage not in excess of 10 mills to
pay for such services or facilities provided with the funds
obtained through such levy within such municipal services taxing
unit.
Article VII, section 10(a), Florida Constitution:
Neither the state nor any county...municipality, special
district...shall...give, lend or use its taxing power or credit to aid
any corporation, association, partnership or person...
4.4.3
VI. Municipal Service Taxing and Benefit Units:
Section 125.01(1)(q), Florida Statutes, includes as an enumerated county power
to:
Icj stablish, and subsequently merge or abolish those created
hereunder, municipal service taxing or benefit units for any part
or all of the unincorporated area of the county, within which may
be provided ... transportation.., and other essential facilities and
municipal services from funds derived from services charges,
special assessments, or taxes within such unit only. Subject to
the consent by ordinance of the governing body of the affected
municipality given either annually or for a term of years, the
boundaries of a municipal services taxing or benefit unit may
include all or part of the boundaries of a municipality in
additional to all ort~art of the unincorporated areas. Ifad
valorem taxes are levied to provide essential facilities and
municipal services within the unit, the millage levied on any
parcel of property for municipal purposes by all municipal
service taxing units and the municipality may not exceed 10
mills.
Section 125.01(1)(r), Florida Statutes enumerates the power to:
[1]evy and collect taxes, both for county purposes and for the providing of
municipal services within any municipal service taxing unit, and special
assessments; borrow and expend money; and issue bonds, revenue
certificates, and other obligations of indebtedness, which power shall be
exercised in such manner, and subject to such limitations, as may be
provided by general law..
A municipal service-taxing unit is tool available to the Board of County
Commissioners to place ad valorem taxes upon a geographic area less than countywide to
fund a particular service. Funds derived from such levy are used to provide services
within the boundaries of the taxing unit as required by section 125.01(1)(q), Florida
Statutes.
VII. Article VIII, section l(h), Florida Constitution:
TAXES; LIMITATION. Property situate within municipalities shall not
be subject to taxation for services rendered by the county exclusively for
the benefit of the property or residents in unincorporated areas.
The Supreme Court of Florida interpreted this "dual taxation" provision to
prohibit the taxation of city-located property by a county where no "real and sztbstantial"
benefit accrues to municipal residents and property from the county service. City of St.
Petersburg v. Brile¥, Wild & Associates, Inc., 239 So. 2d 817 (Fla. 1970)
Cc'
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RI_S/Transportation Impact Fees/Linkage Fees
- - - -DRAFT- - - -
AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA, TO ESTABLISH
A LINKAGE FEE TO INCREASE THE SUPPLY OF AFFORDABLE HOUSING,
PROVIDING FOR THE PURPOSE AND INTENT, PROVIDING DEFINITIONS,
PROVIDING THE ESTABLISHMENT OF AN AFFORDABLE HOUSING
LINKAGE FEE, PROVIDING FOR EXEMPTIONS, ESTABLISHING AN
AFFORDABLE HOUSING TRUST FUND, PROVIDING FOR
IMPLEMENTATION, AND PROVIDING AN EFFECTIVE DATE. BE IT
ENACTED BY THE PEOPLE OF THE COUNTY OF COLLIER.
SECTION I. Creation
The code of Ordinances of the County of Collier is hereby amended to adopt a linkage
fee program to read as follows:
The County Commission of Collier County has determined that the public health,
safety and general welfare requires the implementation of an affordable housing
program for the following purposes:
a. To implement the goals, policies and objectives of the Collier County
Comprehensive Plan,
To provide housing opportunities for lower income families in order to
meet the existing and anticipated housing needs of such persons and to
maintain a socio-economic mix in the community,
c. To satisfy the community' s obligation to provide that a fair share of the
community's housing production is affordable to lower income families,
To provide for a range of housing opportunities for those who work in
Collier County and who provide the community with essential services but
cannot afford to live in the community,
To provide that developments which create additional affordable housing
demand within Collier County share in the responsibility to provide
affordable housing.
SECTION II. Definitions
Affordable Housing. (A definition consistent with the definition in the local SHIP
program may be appropriate)
Residential Construction. Enclosed building and floor areas used for living and habitation
including screened porches, recreation rooms, guest houses, but excluding garages,
carports, open balconies, screen pool enclosures, cabanas, attics and storage sheds.
4.4.6
Square Footage. Square footage shall be calculated in the same method as defined and
utilized within the zoning code as calculated for floor area or floor area ratio. '
Non-residential ConstrUction. Enclosed building and floor areas used for non-residential
purposes, but excluding parking decks or garages, carports or covered parking, attics,
external mechanical or storage buildings.
SECTION III. Affordable Housing Fee Established
1. In order to implement an affordable housing program, an affordable housing
fee is hereby established, to be paid at the time of the issuance of building
permits, based on the following schedule:
a. For residential construction the fee shall be $0.10 per square foot of
construction.
b. For non-residential construction, the fee shall be $1.00 per square foot
of construction.
2. The affordable housing fee shall be assessed for all new construction, building
additions and on the renovation of existing buildings and building space when the
building permit value of the renovation or improvement exceeds fifty-(50%) ·
percent of the replacement cost of the building or building space at the time of the
construction.
SECTION IV. Exemptions
1. The following buildings constructed within the County of Collier shall be
exempt form the affordable housing fee:
a. Residential buildings constructed as part of the County's affordable housing
program.
b. Residential' building projects which contain a set-aside of housing units(s)
which qualify under the definition of affordable housing or residential units
which are constructed such that they qualify as affordable housing, as defined
herein.
c. Non-residential building construction that constitutes the exempt use of
property for education, literary, scientific, religious, charitable or
governmental use, as defined by Chapter 196, Florida Statutes, or that is used
for such purposes by organizations which qualify for exemption from taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
d. Nursing homes or assisted living facilities, but not including retirement
homes.
Non-residential building construction for high wage paying "qualified
targeted industries" as defined by the Economic Development Council of
Collier County
Whenever questions arise as to the applicability of these exemptions, such
interpretations may be requested from the County Commission by the County
Manager or by the affected party.
SECTION V. Affordable Housing Linkage Fee Trust Fund
There is hereby established an Affordable Housing Linkage Fee Trust Fund. All fees
collected under these ordinance provisions shall be deposited within this fund, and shall
be expended only for those purposed budgeted and authorized by the County
Commission.
SECTION VI. Affordable Housing Program' Implementation
The County of Collier shall use the funds deposited within the Affordable Housing
Linkage Fee Trust Fund for the following purposes:
(Put in eligible uses of funds or tie to an existing program) i.e.: Down Payment
Assistance, Impact Fee Relief, Land Acquisition, Construction Loans, Administration.
SECTION VII. Reference in Building Code
Reference to the Affordable Housing Linkage Fee shall be included within the Building
Code, Section Permits; schedule of permit fees.
SECTION VIII. Conflicts
All ordinances or portions of ordinances in conflict herewith shall be hereby repealed.
SECTION IX. Effective Date
This ordinance shall become effective on
ADOPTED at a meeting of the County Commission of Collier County, Florida
on this __ day of 2002.
County Commission Chair
ATTEST:
City/County Clerk
Public Suggestion:
TOURIST IMPA CT TAX
TOURIST IMPACT TAX
OBJECTIVE: Increase the Tourist Tax by ~% to 1%. Use the money generated
to leverage other funding sources mitigating the cost of increased impact fees
and higher house prices for workforce housing.
CONSIDERATIONS: Rising impact fees and home prices require the County to
look creatively at alternative funding sources to meet its workforce housing
demands and obligation.
Monroe County currently operates its workforce housing programs by
using an additional 1% Tourist Impact Tax.
FISCAL IMPACT: The Tourist Development Tax (Bed-Tax) is levied on all
lodging in the county with stays of six months or less. The tax is currently set at
3% with 2% of that allocated toward beach renourishment and improvement
projects and 1% allocated toward advertising and promotion of Collier County.
An additional 1% Tourist Impact Tax would generate approximately $3,061,300
each year.
Increasing the Tourist Impact Tax by only 1,~% would generate approximately
$1,530,700 per year.
This money would then be used to offset the increase in home prices created by
increasing impact fees.
IMPLEMENTATION: Implementation of this program would first require
authorization by the Florida Legislature to use Tourist Impact Tax funds for this
purpose. It would then be implemented by a majority vote of the Board of County
Commissioners.
TIMEFRAME: It would take approximately 24 months for a proposal of this
nature to be approved by the State Legislature and the BCC.
STAFF ANALYSIS: Staff review concludes that a 1% Tourist Impact Tax
increase would generate adequate revenue to further the County's workforce
housing efforts.
Enactment of an additional 1% Tourist Impact Tax would first require
authorization from the State Legislature. Then the tax would need to be adopted
locally by a majority vote of the Board of County Commissioners.
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
FROM:
])ATE:
lacqueline Hubbard Robinson, Assistant County Attomey~~
Septernber i 1, 2002
Impact Fee Mitigation Suggestions- Implementation of the Tourist
Impact Tax and Expanding the Use of Tourist Development Tax to
Include Roadway Improvements
0ue _~:
t~lease review the Tourist Impact Tax arid ~he TouriSt Development T~ as alternative
funding sources in Heu of or in addition to or i~z mitigation of impact foss for legal
sufficiency and comment on what ~vould b'e needed to enact each (i.e. -Legislative
· ~lction, R,ferendum, Super-Majority t/otc, MajoriO~ Vote, Ordinance ~lmendment,
LDC/GMP ,~tmendmenr...
Response:
A. The Tourist Impact Tax:
Florida Statutes, Section 125.0108 provides that this tax may' only be
implemented if the Collier County Board of County Commissioners~tes au_.
.addition~S~-~ Concern" and follows this action with the
creation of a "Land Authority" pursuant to Florida Statutes, Section
380.0663(1). Although available, this process is quite complicated and would
involve coordination with the Governor's Office and the Florida Department
of Community Affairs. This provision allows a one (1).cent bed tax on tourist
related commercial accommodations such as hotels and motels. A portion of
the funds collected arguably may be used for roadway improvements.
: B. The Tourist Development Tax:
Legislative action would be needed to utilize this mx for roadway
improvements.
C¢:
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schm/tt, Administrator, Community Development.
Dona_Id Scott, D/rector of Transportafion-?lanning
H: Transportation I~,[~/Transportation Impact Fee*/Tour[st Impact Tax
· Florida Legisla(i~e Corem#tee on Intergovernmental Relations
TOURIST IMPACT TAX
Section 125.'0108, Florida Statutes
Brief Overview
The Tourist Impact Tax may be levied by any county creating a land authority pui'suant to s.
380.0663(1), F.S., 'which has authorized the levy by ordinance in designated areas of critical state
concern, Additionally, the proposed levy must be approved by referendum. The tax shall be
imposed on transient rental transactions at the rate of 1 percent. Counties may use revenues to
purchase property in such designated areas and to offset ad valorem taxes lost to the county due to
those purchases.
2000 General Law Amendments
Legislation passed during the 2000 regular legislative session did not affect the'levy and use of this
tax.
Authorization to Levy
Any county creating a land authority pursuant to s. 380.0663(1), F.S., is aUthorized to levy by
ordinance a .1 percent tax on transient rentals, in the area or areas within the county designated as
being of critical State concern. However, the tax shall not be effective unless and until land
development regulations and a local comprehensive plan that meet the requirements of Chapter 3 80,
Florida Statutes, have become effective; In addition, the tax must be approved by a majority vote of
those qualified voters in the area or areas of critical state concern in the county seeking the levy.
The effective date of the levy and the imposition of this tax Shall be the first day of the second month
following approval of the ordinance by referendum or the first day of any subsequent month as may
be specified in the ordinance. The county's governing body may, by passage ora resolution by four-
fifths vote, repeal the tax. If not repealed sooner by the county, the tax shall be repealed 10 years
after the date the area of critical state concern designation is removed.
Local Governments Eligible to Levy
The areas of critical state concern include the Florida Keys and the City of Key West in Monroe
.County; the Big Cypress Swamp, primarily in Collier County; the Green Swamp in central Florida;
and the APalachicola Bay area in Franklin County. As of September 29, 2000, only Monroe County
was levying the tax.
2000 Local Government Financial Information Handbook 319
Florida Legislative, Committee on Intergovernmental Relations
Administrative Procedures ' '· .:.
It is the Legislature's intent that every person who rents, leases, or lets for consideration any living ·
quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment,..apartment
motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six
months .or less,., unless such establishment is.exempt from the tax imposed-by s. 212.03~ .F.S., is
exercisinga taxable privilege. ·This tax is to be charged by the person receiving the ·consideration for
rent or'lease at the time' of payment for such·lease or rental. Such person, is·responsible for receiving,
accounting for,'and remitting to the Department of Revenue, the tax in the manner provided in Part I
of Chapter 212, Florida Statutes.. ~ ... :..:. ..
The Department shall keep records showing the amount of taxes collected, including records
disclosing the amount of taxes collected for and from each county in which, the tax.is applicable.
Collections received by the Department, less administrative costs, shall be paid and returned monthly
to the county and the land'authority imposing the tax.. 'The Department shall promulgate.sue, h rules
and shall publish such forms' as necessary to enforce the tax and is authorized to establish audit
procedures and to assess for delinquent taxes.
A county may exempt itself from the requirements that the tax be remitted to the Department'before
being' returned to the county and adminiStered., according, to Chapter '212, Florida Statutes, if:the
coimty adopts an ordinhnce.providing for local collection and administration of the.tax. :.Such an
ordinance shall include .provision for, but.need not be limited,, to, the following: --
1. Initial collection of-the tax. to be made in the same manner as the tax imposed under
Part I of Chapter 212, Florida.Statutes. ~ · · .. . ..,
2. Designation of the local government official to whom the 'tax shall be remitted as
well as.the.official's powers and duties with respect to collection..and~ administration
3. Requirements relating to'the keeping of appropriate, books, r-ecords, and accounts
those .responsible for collecting.and, administering the.tax. ~. .· ~ .. ..
4. Provision for payment of-a dealer's, credit as'.requiredunder Chapter 212, Florida
Statutes.
5. A portion of the tax collected may be retained by the,county for administrative costs;
however, such portion shall not exceed 3 percent of collections.
A county, collecting and administering, the tax on a locallbasis, shall also adopt an o~,dinance electing
-either to assume.all resp0n~ibility for auditing the:records and .accounts. of dea!e~s alad.assessing,
collecting, and enforcing payments of delinquent taxes, or delegate such authority to the Department.
If the county elects to assume such responsibility, it shall be bound by those applicable rules
promulgated by the Department as well as those rules pertaining to the sales and use tax on transient
rentals imposed bys. 212.03, F.S.
320 2000 Local Government Financial information Handbook
Florida Legislative Committee on Intergovernmental Relation.,
The county may use the powers granted to the Department.to determine the mount 0ftax, penalties,
and interest to be paid by each dealer and to enforce payment 0fsuch tax, penalties, and interest. If
the county delegates such authority to the Department, the Department shall distribute to the county
any collections so received, less the administrative costs solely and directly attribtitable to auditing,
assessing, collecting, processing, and enforcing payments of delinquent taxes. The Department shall
audit only those businesses in the county that it audits pursuant to Chapter 212, Florida Statutes.
Reporting Requirements
A certified copy of the ordinance, including the time period and the effective date of the levy~ shall
be furnished by the county to the Department within 10 days after passage of the ordinance levying
the tax and again within 10 d~ys after approval by .referendum.
In addition, the county levying the tax shall provide the Department with a list of the businesses
within the area of critical state concern where the tax is levied. The list should identify businesses by
zip code or other means of identification. The Department shall assist the county in compiling such
a list.
Distribution of Proceeds
Tax revenues, less the Department's costs of administration, shall be paid monthly to the county and
the land authority.
Authorized Uses of ProCeeds
The proceeds shall be distributed for the following uses:
50 percent shall be transferred to the land authority to be used to purchase property in
the area of critical state concern from which the revenue is generated. No more than
5 percent may be used for administration and other costs incident to such purchases.
50 percent shall be distributed to the governing body of the county where the revenue
was generated. Such proceeds shall be used to offset the loss of ad valorem taxes due
to property acquisitions.
Relevant Attorney General Opinions
No opinions specifically relevant to this tax has been issued.
2000 Local Government Financial Information Handbook
321
4 ,.:S_. q
Public Suggestion:
FOOD AND BEVERAGE
SALES SURCHARGE
FOOD AND BEVERAGE SALES SURCHARGE
OBJECTIVE: To offset the increase in housing costs created by raising impact
fees and other market factors by instituting a Y2% to 1% Food and Beverage
Sales Surcharge.
CONSIDERATIONS: Rising impact fees and home prices require the County to
look creatively at alternative funding sources for to meet its workforce housing
demands and obligation.
Miami-Dade County has already instituted a full 1% Food and Beverage
Sales Surcharge to fund its workforce housing efforts. The program
generates approximately $11,000,000 each year in Miami-Dade County.
FISCAL IMPACT: A 1% Food and Beverage Sales Surcharge would be
assessed on sales only in restaurants and bars.
It is estimated that a 1% Food and Beverage Sales Surcharge would generate
$4,830,079 annually in Collier County.
A ~% surcharge would generate $2,415,039.
IMPLEMENTATION: Implementation of this program would require a majority
vote of the Board of County Commissioners.
TIMEFRAME: It would take approximately 6 months for a proposal of this nature
to be implemented by the BCC.
STAFF ANALYSIS: Staff review concludes that a ~% surcharge would
generate adequate revenue to further the County's workforce housing efforts.
Enactment of a Y2% Food and Beverage Sales Surcharge would need to be
adopted locally by a majority vote of the Board of County Commissioners.
4.6.1
Florida Legislative Committee on Intergovernmental Relation. e
· Brief Overview
LOCAL OPTION FOOD AND BEVERAGE TAXES
Section 212.03 06, Florida Statutes
Any county, as defined in s. 125.011(1), F.S., [referring only to Miami-Dare County] may impose
two separate taxes by ordinance adopted by a majority vote of the county's governing body. A tax of
2 percent may be imposed on the sale of food, beverages, and alcoholic beverages in hotels and
motels. The proceeds shall be used for promoting the county and its constituent municipalities as a
destination site for conventions, trade shows, and pleasure travel.
With some exceptions, a tax of 1 percent may be imposed on the sale of food, beverages, and
alcoholic beverages sold in establishments, except hotels and motels, that are licensed by the state to
sell alcoholic beverages for consumption on the premises. Not less than 15 percent of the proceeds
shall be used for construction and operation of domestic violence centers. The remainder shall be
used for programs to assist the homeless or those about to become homeless.
2000 General Law Amendments
Legislation passed dUring the 2000 regular legislative session did not affect provisions related to.the
levy and use of these taxes.
Authorization to Levy
Any county, as defined in s. 125.011(1), F.S., [referring only to Miami-Dade County] may impose
two separate taxes by ordinance adopted by a majority vote of the county's governing body. The
first tax may be imposed on the sale of food, beverages, and alcoholic beverages in hotels and motels
at the rate of 2 percent. A second tax of 1 percent may be imposed on the sale of food, beverages,
and alcoholic beverages in establishments, except hotels and motels, that are licensed by the state to
sell alcoholic beverages for consumption on the premises.
Two exemPtions exist for both taxes, Sales in those municiPalities presently imposing the Municipal
Resort Tax, as authorized by Chapter 67-930, Laws of Florida, are exempt. In addition, all
transactions that are exempt from the state sales tax are also exempt from these taxes.
Several additional exemptions also exist for the 1 percent tax. The tax shall not apply to any
. alcoholic beverage sold by the package for off-premises consumption. Sales in any veterans'
organization are also exempt. Finally, the sales in any establishment, except hotels and motels,
licensed by the state to .sell alcoholic beverages for consumption on the premises that had gross
annual revenues of $400,000 or less in the previous calendar year are also exempt.
2000 Local Government Financial Information Handbook 235
Florida Legislative Committee on Intergovernmental Relations
Prior to enactment of the ordinance levying and imposing the 1 percent tax, the.county shall appoint
a representative task force to prepare and submit a countywide plan to the county's governing body
for its approval. The task force shall include, but not be limited to, service providers, homeless
persons' advocates, and impacted jurisdictions. The plan shall address the needs of persons who
have become, or are about to become, homeless. The county must adopt this plan as part of the
ordinance levying the 1 percent tax.
Local Governments Eligible to Levy
Only a county as defined in s. 125.011 (1), F.S., [referring only to Miami-D ade County] is eligible to
levy these taxes. The county began levying these taxes on October 1, 1993.
Administrative Procedures
The county levying either tax must locally administer the tax using the powers and duties
enumerated for local administration, of the tourist development tax by s.'125.0104, F.S. (1992 Supp.).
The county's ordinance shall also provide for bracket~ applicable to taxable transactions.
The county shall also appoint an oversight board including, but not limited to, service providers,
domestic violence victim advocates, members of the judiciary, concerned citizens, a victim of
domestic violence, an'd impacted jurisdictions to prepare and submit to the governing body for its
approval a plan for disbursing the funds made available for the construction and operation of
domestic violence centers. Each member of the county,s gOverning board shall appoint a member,
and the county manager shall appoint two members, to the oversight board.
Reporting Requirements.
A certified copy of the ordinance that authorizes the imposition of either tax shall be tim'fished by the
county to the Department of Revenue within 10 days after the adoption of the ordinance. An
authorized tax may take effect on the first day °fany month, but may'not take until at least 60 days
after the adoption of the ordinance levying the tax.
Distribution of Proceeds
The proceeds of the 2 percent tax shall be distributed by the county to a countywide convention and
visitors bureau which, by interlocal agreement and contract with the county, has been given the
primary responsibility for tourist and convention promotion. If the' county is not or is no longer a
party to-such an interlocal agreement and contract with a countywide convention and visitors bureau,
the county shall allocate the proceeds pursuant to the authorized PurPoses.
236
2000 Local Government Financial Information Handbook
Florida Legislative Committee on Intergovernmental Relationr
The proceeds of the 1 percent tax shall be distributed by the county pursuant to the guidelines
provided in the approved plans for addressing homeless needs as well as the construction and
operation ofdomestic'vioience centers. The county and its respective municipalities shall continue
to contribute each year at least 85 percent of aggregate expenditures from the respective county or
municipal general fund budget for county-operated or municipally operated homeless shelter services
at or above the average level of such expenditures in the two fiscal years preceding the date this tax.
Authorized Uses of Proceeds
The proCeeds from the 2 percent tax shall be used for those purposes described in s. 125.0104(5)(a)2.
or 3., F.S. (1992 Supp.). Specifically,- those purposes include:
Promoting and advertising tourism in the State-of Florida and nationally and
internationally; or
Funding convention bureaus, tourist bureaus, tourist information centers, and news
bureaus as county agencies or by contract with the chambers of commerce or similar
associations in the county.
Not less than 15 percent of the proceeds from the 1 percent tax shall be used for construction and
operation of domestic violence centers. The remainder shall be used for programs to assist the
homeless or those about to become homeless. In addition, the proceeds and accrued interest may be
used as collateral, pledged, or hypothecated for authorized projects including bonds issued in
connection with such authorized projects. . .
Relevant Attorney General Opinions
No opinions specifically relevant to these taxes have been issued.
Estimated Tax Proceeds for the Upcoming Fiscal Year
Due to the fact that the tax is locally administered, the Department of Revenue does not calcUlate
revenue estimates for this tax. .
2000 Local Government Financial Information Handbook 237
Sep-ll-02 12:21pm From-Collier County Attorney Office 941 ?74.022~ T-89~ P.O0~ F-~54
OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development. Manager
Jacqueline Hubbard R.,obinson, Assistant Coauty Attorney~__..~--
September 1 I, 2002
RE: Impact Fee lVIitigafion Suggestions-Food & Beverage Sales Surcharge
Query: "
Please review the food and beverage sales surcharge as an alternative funding source in
lieu of or in addition to or in mitigation of impact fess for legal sufficiency and comment
on what would be needed to enact each (i.e. - Legislative/lctton, Referendum, Super-
. Majority ~rote, Majority Yore, Ordinance J4mendment, LDC/GMP Amendment...
.Response:
~_Florida ~gtatutes, Section 212.0306(1) permits the Collier County Board of Coun~
Commissioners to impose the following additional taxes, by ordinance adopted bye
majority vote o£the Board:
a. At the rate o£2 percent [2%] on the. sale of food, beverages, or alcoholic
bev,rages in hotels and motels only.
b. At the rate of 1 percent [1%] om the sale of food, beverages, or alcoholic
beverages in establishments that are licensed by the state to sell alcoholic
beverages for consumption on the Premises, except for hotels and motels;
however, the tax shall not apply to any alcoholic beverage sold by the
package for off-premises consumption.
Any establishment licensed by the state to sell alcoholic beverages for consumption on
the premises, except for hotels and motels, that had gross annual revenues of $400,000 or
less in the previous calendar year, are exempt from the tax_
The County must allocate the proceeds of the tax for the purposes descr/bed in the
Tourist Development Tax a~ set forth in Florida Statutes, Section 125.0104(5)(a) 2. or 3.
These sections pertain to the promotion of tour/sm and to fund tourist bureaus, not roads.
The county and each municipality in that county shall continue to contr/bute each year at
least 85 percent of aggregate expenditures from the general fund budget for county-
operated homeless shelter services at or above the average level of such expenditures in
the 2 fiscal years preceding the date of levying this tax.
4.6.5
Sep-ll-OZ 12:Zbm From-Collier County Attor,e¥ Office 941 ??4 022~ T-Sg~ P.OO? F-$~4
The County ~nust locally administer thc tax using thc powers and duties enumerated for
local administration of the Tourist DeveIopment Tax, pursuant to Florida Sfatt~tes,
Section. 125.0104.
For the first I2 months, the proceeds from the one percent [1%] tax shall be used by the
count), to assist p~rsons who have become, or are about to become, homeless. These
Funds shall be made available ;[or emergency homeless shelters, food, clothing, medical
care, counseling, alcohol and drug abuse treatment, mental health treatment, employment
and training, education, and housing..,Thereafter, not less than 15 percent ofthese funds
must be made available for construction and operat/on of domestic violence centers, and
the remainder shall be used for fl~e other purposes set forth in this paragraph. In addition,
the proceeds of the tax and interest accrued may be used as collataral for any authorized
projects, including bonds issued in connection therewith. Prior to enactment of the
ordinance levy/rig and imposing the one percent [l%J tax, the county shall appoint a
representative task force including, but not limited to, service providers, horueless ..
advocates, and impacted jurisdictions to prepare and submit to the Board of County
Commissioners for its approval o£a plan for addressing the needs o£persons who have
become, or are about to become, homeless. The governing board of the county shall
adopt this countywide plan for addressing homeless needs a~ part of'the ordinance
levy/ng the tax.
Cc.-
David C. WeigeI, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
/roseph Schmitt, Administrator, Community Developmem
Donald Scott, Director of Transportation~Planning
H: Transportation RLS/Tnmsportation ]mpac! Pee~/Food & Beverage Sales
4.6.6
Public Suggestion:
ANALYSIS OF LAND USE
CATEGORIES
Analysis of Land Use Categories
Perform an In-depth Analysis of the Various Land Use Categories in the
County's Impact Fee Rate Schedules
OBJECTIVE: To determine of some' of the economic and social impacts of impact fee
rate increases can be partially mitigated by incorporating changes to certain impact fee
land use categories.
CONSIDERATIONS: Some of the possible analyses to be performed are as follows:
For residential construction, determine if a statistical basis exists to divide
single-family home rates into a greater number of tiers (e.g., 5 or 6 vs. 3),
thus, providing the lowest possible impact fee rates for smaller, less expensive
homes. Anticipating a major Road Impact Fee increase in 2000, staff directed
the consultant to incorporate tiered rates for single-family homes in order to
assist low-inc°me families and first-time homebuyers. The consultant
calculated the current rates (as shown below) factoring in a statistical nexus
between square footage and daily vehicle trips on the transportation network.
If a statistical nexus for additional tiers can be identified, the result might
possibly be an even lower rate for the first tier.
Road Impact Fee
SFH < 1,500 Sq. Ft.
SFH 1,500 - 2,499 Sq. Ft.
SFH _> 2,500 Sq. Ft.
Cu~ent Rates Proposed Rates
$1,825 $4,388
$2,433 $5,848
$2,871 $6,898
Determine if tiered rates for residential construction can be based on criteria
other than square footage, such as the number of bedrooms or the price of a
home.
Perform local data collection and analysis to determine if high-rise
condominiums in Collier County create greater demands on infrastructure
than the national averages.
Obtain public and industry input to determine which land use categories
should be added, deleted or revised.
FISCAL IMPACT: It is undetermined at this time whether any of the above analyses
might increase or decrease impact fee receipts. The estimated contract cost for consulting
services to perform these analyses is $25,000.
IMPLEMENTATION: Implementation of this program would require a majority vote
of the Board of County Commissioners.
TIMEFRAME: If directed by the Board, this initiative could commence immediately.
Analysis of the options to
mitigate the effect of the
Road Impact Fee Increase
on Economic Development
Section Index
Page Title
5.1.1
Analysis of an Increase in Road
Impact Fees - Economic Development
Perspective
5.2.1
Deferral of Transportation Impact Fees
5.2.2
Increase in Millage Rate
5.2.3
Establish Geographic Overlays
5.2.4 Local Option Gas Tax
Analysis of an Increase in
Road Impact Fees-
Economic Development
Perspective
ANALYSIS OF AN INCREASE IN ROAD IMPACT FEES - ECONOMIC
DEVELOPMENT PERSPECTIVE
Collier County has historically depended upon tourism and agriculture for its economic base,
both of which are industries very dependent upon nature and the national/international
economies. Diversifying our local economy will help to stabilize our tax base while retaining
our future workforce - the local student population.
An increase in the transportation impact fee rate may make Collier County less competitive in
attracting new industry plus may dissuade our existing employers in expanding locally.
Cited below are three projects that likely would be negatively affected by the proposed increase
in road impact fees.
A high-tech company in Michigan is considering relocating their facility to Collier County,
possibly the first tenant in the county's proposed Research and Technology park.. The
company would create 45 new jobs paying an average wage of $54,570 per job, with an
estimated $3.2 million in capital investment. The total direct economic impact for this
project is approximately $5.6 million - monies that could very well go to our neighbor to the
north instead. An estimated $197,000 in road impact fees would be paid under the current
rate v. $616,000 under the proposed fee schedule.
A local research and development firm that also manufactures medical devices is tentatively
planning an expansion. They would be building two new facilities totaling over 120,000
square feet - $468,000 in impact fees at the current rate, $1.46 million at the increased
rate. The expansion would create 136 new jobs paying an average wage of approximately
$39,000, with a total capital investment of more than $20 million - a direct economic impact
of $25 million.
A PUD for a 305-acre Industrial/Business Park is being proposed - 2.5 million square feet.
Under the comprehensive plan, 30 percent of the site cannot be used. Half of the park would
be used for industrial and half for use as a business park. Under the existing road impact fee
schedule, the applicant would pay $2.8 million in road impact fees for the industrial use plus
$5.4 million for the business Park, a total of $8.3 million. Under the new rates, the road
impact fees for the industrial use would be $8.8 million and an additional $17.1 for the
business park - a total of $25.9 million, three times the current cost. The client believes he
will no longer be competitive with Lee County in attracting tenants and, therefore, the
Industrial Park/Business Park will no longer be viable.
Given the above examples, the proposed impact fee schedule should be carefully analyzed and
evaluated as the effect on our County's ability to diversify its economy.
5.1 .1
Public Suggestion:
DEFERRAL OF
TRANSPORTATION
IMPACT FEES
DEFERRAL OF TRANSPORTATION IMPACT FEES
Defer Transportation Impact Fees for up to Six 'Years for Specific
Economic Development Projects
OBJECTIVE: Consider a six-year deferral of the transportation impact fees for projects
specifically identified by the Economic Development Council of Collier County.
CONSIDERATIONS: Collier County has historically depended upon tourism and agriculture
for its economic base, both of which are industries very dependent upon nature and the
national/international economies. Diversifying our local economy will. help to stabilize our tax
base while retaining our future workforce - the local student population.
An increase in the transportation impact fee rate may make Collier County less competitive in
attracting new industry plus may dissuade our existing employers in expanding locally.
A six-year impact fee deferral program has already been established for affordable housing
projects in Collier County (Ordinance #2001-13, Article IV, Section 74-401, attached). The
principles of this existing program could be applied to those firms identified by the EDC -
typically, a targeted industry that creates jobs paying at least 115% of the county's average
wage.
FISCAL IMPACT: Similar to the affordable housing program, the transportation impact fees
would be "frozen" at the current rate at the time building plans are submitted to the county for
review, then paid back to the county at the frozen rate in six years.
Example:
A firm constructs a 100,000 square foot industrial facility, will have a capital investment of $5
million and hire 100 new employees paying an average wage of $40,000; the impact fees
deferred would be approximately $483,100 at the proposed rate. However, over that same six-
years, assuming a two-year design and construction period and using the current millage rate,
that same firm will have paid $271,358 in new ad valorem (not including the taxes paid for the
land) with a direct economic impact of $4 million. Please refer to the attached spreadsheet for
additional comparative examples.
IMPLEMENTATION: Implementation of this program would require a simple majority vote
by the Commissioners, with an effective date and a sunset date, if desired.
TIMEFRAME: Upon Commission approval, the program could be implemented
immediately.
Z
0
0
0
0 E o o3
'~'~
o ,,-
o~ ×
ARTICLE IV
AFFORDABLE HOUSING IMPACT FEE WAIVER OR DEFERRAL
Section 74-401. Impact Fee Waiver or Deferral.
A. To qualify for an Affordable Housing Impact Fee waiver or deferral,
an owner-occupied Dwelling Unit must meet all of the following criteria:
1. The Owner(s) or anticipated Owner(s) of Dwelling Unit must
have a very Iow, Iow, or moderate income level, at the time of final execution by
the County of waiver or deferral agreement as those income level terms are
defined Jn Section '4.02, and the monthly payment to purchase the unit must be
within the Affordable Housing guidelines established in Section 4.02. A Dwelling
Unit shall qualify as "owner-occupied" if a written affirmation from the developer
to the County--guarantees the requisite affordable housing units will be
constructed, and the affirmation is in effect at the date of execution of the Impact
Fee waiver or deferral agreement by the County and within twenty-four (24)
months from the date of issuance of the certificate of occupancy or the execution
of the-affirmation whichever is later, any option to purchase is exercised d the
purchaser takes ownership of Dwelling Unit. If the purchaser fails to purchase
the Dwelling Unit within the twenty-four (24) month period, then the waived or
deferred Impact Fee must be immediately paid unless the Dwelling Unit is soJd to
another qualifying Owner.
2. The Owner, or if there is more than one Owner, one of the
Owners, must be a first-time home buyer. To qualify as a first-time home buyer,
the Owner must not have had an ownership interest in his/her primary residence
in the past three (3) years.
3. The Dwelling Unit must be the homestead of the Owner(s).
4. The Dwelling Unit must remain Affordable Housing for fifteen
(15) years from the date a certificate of occupancy is issued for the Dwelling Unit,
unless the Impact fee is paid in full to the County.
B. To qualify for an Impact Fee deferral, a Dwelling Unit offered for
rent must meet all of the following criteria:
1. The household renting the Dwelling Unit, including any Multi-
family Dwelling Unit, must have a very Iow or Iow income level, at the
commencement of the leasehold and during the duration thereof, as those terms
are defined in Section 74-402 and the amount of rent must be within the
Affordable Housing guidelines established in Section 74-402.
2. The Dwelling Unit must be the household's permanent
residence.
C. All Impact Fees deferred for owner-occupied Dwelling Unit at the
time the Building Permit was issued shall become due and payable and shall be
immediately paid in full to the County upon the sale of the Dwelling Unit to a non-
qualified purchaser; provided, however, if the Impact Fee deferral was paid with
State Housing Initiatives Partnership (SHIP) Program funds, payment will be
made to the Collier County affordable housing trust fund. For purposes of this
Article, a non-qualified purchaser is a Person who does not satisfy the Affordable
Housing criteria set forth in subsection A above or a Person who does not agree
to the terms of the waiver or deferral of impact fees agreement.
D. Deferred Impact Fees for rental dwelling units, including any Multi-
family Dwelling Units, shall in all events be due and payable not later than six (6)
years and nine (9) months after the execution of the impact fee deferral
agreement by the County. Such fees shall be accelerated and automatically be
due and payable prior to that time period if there is any breach of the subject
Impact Fee Deferral Agreement by the non-County party.
E. Any Impact Fees waived for an owner-occupied Dwelling Unit at the
time a Building Permit was issued shall become due and payable and shall be
immediately paid to the County if the Dwelling Unit is sold or transferred to a non-
qualified purchaser during the fifteen (15) year period after the certificate of
occupancy was issued for the Dwelling Unit. If the Impact Fee waiver was paid
with State Housing Initiatives Partnership (SHIP) Program funds, payment will be
made to the Collier County affordable housing trust fund. If the Dwelling Unit is
used as Affordable Housing in compliance with this Article for fifteen (15) years
after the date the certificate of occupancy was issued for the Dwelling Unit, the
Impact Fees are no longer due and the lien on the subject property shall be
released.
F. · The percentage of the total Impact Fee which shall be waived or
deferred pursuant to this Section for an owner-occupied or rental Affordable
Housing Dwelling Unit, including any Multi-family Dwelling Unit, shall be the
pementage set forth in Section 4.02 below. The Impact Fees waived or deferred
shall be a lien on the property until all requirements under this Article and the
Agreement have been satisfied.
G. Rentals & Owner Occupied Dwelling Units.
1. Annually, the Owner (i.e., Lessor) of a rental Dwelling Unit,
including any Multi-family Dwelling Unit, shall provide to the County Manager an
affidavit of compliance with the criteria set forth in this Section. The affidavit
must be filed within thirty (30) days of the anniversary date of the issuance of a
certificate of occupancy. If the affidavit is not filed on time the Affiant shall pay to
the County a fifty dollar late fee. If the income of any unit renter which originally
qualified as very Iow or Iow income level as defined in Section 74-402 below
exceeds the Affordable Housing benefit standards set forth in Section 74-402 by
more than forty percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the alternative, the Owner shall
have ninety (90) days to comply with the Affordable Housing standards set forth
in Section 74-402 below. Developments which are then monitored by the Florida
Housing Finance Corporation, or any other state or federal agency, will not be
required to file this separate affidavit of compliance with the County Manager.
2. If the household income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and deferrals set
forth in Section 74-402 below, the Owner shall maintain the waiver and/or
deferral. Notwithstanding the foregoing, all outstanding Impact Fees waived or
deferred shall be paid in full upon sale or transfer of the Dwelling Unit to a non-
qualified purchaser, except for waived Impact Fees where the Owner has
complied with the Waiver or Deferral Agreement and the Affordable Housing
5.2.5
criteria set forth in this Article for fifteen (15) years after issuance of the
certificate of occupancy.
H. The Owner receiving an Impact Fee waiver or deferral shall enter
into a Waiver or Deferral Agreement of Impact Fee Agreement with the County
which agreement shall provide for, at a minimum, the following and shall further
include such provisions deemed necessary by the Board to effectuate the
provisions of this Article:
1. The legal description of the Dwelling Unit.
2. Where an Impact Fee waiver or deferral is given to an
Owner who will be selling or renting the Dwelling Unit to a subsequent
purchaser or renter, the Development must be sold or rented to households
meeting the criteria set forth in this Article in order to maintain the waiver or
deferral. Impact Fee waivers or deferrals paid for with State Housing Initiatives
Partnership (SHIP) Program funds will only be granted directly to buyers
meeting Section 74-402's qualifications and approval prior to Building Permit
issuance. A Dwelling Unit shall qualify as "owner-occupied" if a wdtten
affirmation by the developer to the County guarantees the requisite affordable
housing units will be constructed, and the affirmation is in effect at the date of
execution by the County of the Impact Fee Waiver or Deferral Agreement and
within twenty-four (24) months from the date of issuance of the certificate of
occupancy or the execution of the affirmation, whichever is later, any option to
purchase is exercised and the purchaser takes ownership of the Dwelling Unit.
If the purchaser fails to purchase the Dwelling Unit within the twenty-four (24)
month period, then the waived or deferred Impact Fee must be paid immediately
unless the subject property is sold to another qualifying Owner.
3. For each such owner-occupied Dwelling Unit, the amount of
Impact Fees deferred shall be paid to the County in full upon the sale or transfer
to a non- qualified purchaser. If Impact Fees were paid with State Housing
Initiatives partnership (SHIP) Program funds, payment in full will be made to the
Collier Oounty Affordable Housing Trust Fund. For rental units, including any
Multi-family Dwelling Unit, the Impact Fees deferred shall in all events be due
and payable no later than six (6) years and nine (9) months after the execution
by the County of the impact fee deferral Agreement. Such fees shall be
accelerated and thereby be automatically due and payable prior to that time
pedod if there is any breach in the subject Impact Fee Deferral Agreement by
the non-County party.
4. For owner-occupied Dwelling Units where Impact Fees have
been waived, the Dwelling Units must be utilized by the original qualifying
Owner, or subsequent qualifying purchaser, as Affordable Housing in
compliance with this Article for a fifteen (15) year period after the certificate of
occupancy is issued and if the Dwelling Unit is sold to a non-qualifying
purchaser, the Impact Fees shall be paid in full to the County before the closing
becomes final. If not so paid, the obligation shall be a lien on the dwelling unit
under the following subsection. If Impact Fees were paid with State Housing
Initiatives Partnership (SHIP) Program funds, repayment will be made to the
Collier County affordable housing trust fund.
5. The deferred and/or waived Impact Fees shall be a lien on
the property which lien may be foreclosed upon in the event of non-compliance
with the requirements of the Agreement. The Agreement described herein shall
operate as a lien against the Dwelling Unit. The lien shall terminate upon the
recording of a release or satisfaction of lien in the public records of Collier
County. In the case of a waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy provided Owner acted in
compliance with the Agreement or upon payment in full. In the case of a
deferral, such release shall be recorded upon payment in full. Neither the
deferred and/or waived Impact Fees nor the Agreement providing for the waiver
and/or deferral of Impact Fees shall be transferred, assigned, credited or
otherwise conveyed from the Dwelling Unit. The deferrals and/or waivers of
Impact Fees and the Agreement thereto shall run with the land.
6. Annually, the Owner of a rental Dwelling Unit, including any
Multi-family Dwelling Unit, shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Article. The affidavit must be filed
within thirty (30) days of the anniversary date of the issuance of a certificate of
occupancy. If the affidavit is not filed on time the Affiant shall pay to the County
a fifty dollar late fee. If the income of any home renter or duplex unit renter
which originally qualified as very Iow or Iow income level as defined in Section
74-402 below exceeds, the Affordable Housing benefit standards set forth in
Section 74-402 by more than forty percent (40%), then the deferred Impact Fee
shall become immediately due and payable by the Owner or, in the alternative,
the Owner shall have ninety (90) days to comply with the Affordable Housing
standards set forth in Section 74-402 below. Developments which are
monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state, or federal agency will not be required to file this separate
affidavit of compliance with the County Manager.
7. Upon satisfactory completion of the Agreement's
requirements, the County shall record any necessary documentation evidencing
same, including, but not limited to, a release of lien.
8. In the event the Owner is in default under the Agreement,
and the default is not cured within thirty (30) days after written notice is provided
to the Owner, the Board may bring a civil action to enforce the agreement or
declare that the waived or deferred Impact Fees are then immediately due and
payable. The Board shall be entitled to recover all fees and costs, including
attorney's fees and costs, incurred by the County in enforcing the Agreement,
plus interest at the then maximum statutory rate for judgments calculated on a
calendar day basis until paid.
9. The Agreement shall be binding upon the Owner's
successors and assigns.
10. The Agreement shall be recorded in the Official Records of
Collier County at no cost to the County.
I. The amount of Impact Fee waivers and deferrals granted pursuant
to this Article shall be limited, in total, to the amount appropriated by the Board at
its final public hearing regarding the adoption of the annual County budget and
the amount allocated to Impact Fee waivers or deferrals in the Collier County
Housing Assistance Plan, as established by chapter 114, article III of this Code.
Fees waived or deferred shall be paid by the Board into the appropriate Impact
Fee Trust Account within six (6) years and nine (9) months from the date of the
award of a waiver and/or deferral as provided herein, but in no event, later than
that time when that amount is needed for a project funded by those Impact Fees
waived or deferred. The Board shall pay into the appropriate Impact Fee Trust
Account such amounts equal to any Impact Fees previously waived or deferred
by the Board, within six (6) years and nine (9) months_from the date of such
waiver, or deferral, but in no event, later than the time when that amount is
needed for a project funded by those Impact Fees waived or deferred. The
Board shall pay into the appropriate Impact Fee Trust Account such amounts
equal to any Impact Fees previously waived or deferred by the Board, within six
(6) years and nine (9) months from the date of such waiver, or deferral, but in no
event, later than the time such amounts are needed for a project funded by those
Impact Fees waived or deferred. Waivers and deferrals shall be issued in the
order that completed qualifying applications are received by the County Manager.
At least forty percent (40%) of the amount budgeted for Impact Fee waivers
and/or deferrals must be utilized to fund Impact Fee waivers and/or deferrals for
single family owner-occupied Dwelling Units serving the very Iow and Iow income
levels.
J. Any changes or amendments to this Article or the minimum funding
requirements adopted in this Article must occur as an ordinance amendment at a
public hearing of the Board of County Commissioners.
K. Agreements for the waiver or deferral of impact fees for affordable
housing may only be approved for the following types of dwelling units:
1. single family residences that are fully detached, and either
owner-occupied or rental dwelling units, or
2. owner-occupied or rental dwelling units in a residential
condominium, townhouse or duplex structure, or
3. rental (leased) multi-family dwelling units.
Notwithstanding any provisions elsewhere in this Chapter to the
5.2.9
contrary, any Owner that develops an Affordable Housing rental apartment
complex consisting in whole or part of Multi-family Dwelling Units serving very
Iow and/or Iow income levels and meeting all requirements, and subject to all
conditions, of this Article shall be entitled to defer one hundred percent (100%) of
the Impact Fees applicable only to such rental Multi-family Dwelling Units serving
very Iow and/or Iow income levels if: (i) all such deferred Impact Fees are paid on
or before the end of six (6) years and nine (9) months_from the date such Impact
Fees are deferred; and (ii) the rental apartment development shall remain
Affordable Housing qualified (under this Article) for a minimum of 15 years.
M. Impact fee waivers or deferrals for only single family, detached
residences, or duplexes, as owner occupied dwelling units, will automatically be
subordinate to the owner's first mortgage and/or any government funded
affordable housing loan such as SAIL or HOME loan. Impact fee waivers or
deferrals may also be similarly subordinated in the case of rental Dwelling Units,
including any Multi-family Dwelling Units, but only if the Owner provides
additional security satisfactory to the County such as additional or substitute
collateral in the form of cash or cash equivalent financial instruments which will
yield the full amount of the deferred impact fees when they may become due and
payable?
Ordinance #2001-13
5.2.10
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attomey ,~/~~
September 11, 2002
Impact Fee Mitigation Suggestions- Deferral of Transportation
Impact Fees Up to [6] Years for Specific Economic Development
Query:
Please review the deferral of Transportation impact fees up to six [6] years for specific
economic development as an alternative funding source in lieu of or in addition to or in
mitigation of impact fess for legal sufficiency and comment on what would be needed to
enact each (i.e. -Legislative Action, Referendum, Super-Majority Vote, Majority Vote,
Ordinance Amendment, LDC/GMP Amendment...
Response:
An ordinance amendment would be required as well as a rational basis determination
made by the Collier County Board of County Commissioners to justify deferrals of
Transportation impact fees for economic development. The City of Tampa has a similar
ordinance in place. [See Attachment].
Cc.'
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportafion Impact Fees/Defen'al of Transportation Impact
CITY DF TRMPR RTTSRNEY Fax:8152748809 Sep $ 2002 15:05 P. 02
Sec. 25.74. Exemptions from and credits for transportation Impact fee.
(a) Exempt~cna. The following shall be exempted from payment of the transportation Impact
fee:
(1)
(2)
(3)
(4)
($)
I1.
Alterations to an existing building where no additional units are created, the use
ls not changed and where no additional vehicular trips will be produced over and
above that produced by the existing use;
The construction of accessory buildings or structures or the expansion of an
existing building or structure, except a single-family detached house, where the
expansion is leas than five hundred (500) square feet or five (5) percent of the
existing building or structure, whichever is less;
The expansion of or addition to a single-family detached house, where the
expansion or addition Is less than five hundred (500) square feet;
The replacement of a building or structure with a new building or structure,
provided that no transportation impacts will be created over and above those
created by the use of the land on the effective date of the ordinance from which
this chapter was derived;
Governmental and public facilities;
Independent nonprofit Institutions of post-secondary education which are
accredited by the Southern Association of Colleges and Schools; or
"No transportation Impact fee zones," which are specified geographic areas of
the city In which no transportation Impact fees are charged for land development
or redevelopment activities for a certain period of time, and In which no
transportation Impact fees are spent for the same certain perlod of time. "No
transportation Impact fee zones" shall be created only by an ordinance enacted
by city council upon a finding that the following conditions exist:
i. The proposed "no 'transportation Impact fee zone" Is an area which
suffers from chronically unacceptable levels of poverty, unemployment,
physical deterioration, and/or economic disinvestment; and
The proposed "no transportation impact fee zone" contains sufficient
excess transportation Infrastructure capacity to accommodate anticipated
new development for the term of the proposed exemption from the
payment and collection of transportation impact fees or the proposed no
transportation Impact fee zone Is located In the transportation
concurrency exceptian area (TCEA) as defined in Chapter 17-5 of the
Code.
The maximum duration of any "no transportation Impact fee zone" shall be five
(5) years; provided, however, city council may extend the term of the exemption
by ordinance If city council finds that the two (2) conditions described above st~ll
exist at the end of the original exemption period.
The ordinance creating one (1) or more "no transportation impact fee zone(s)"
shall specifically provide:
CITY OF TRMPR RTTORNEY Fax:8132748809 Sep 3 2002 15:05 P. 03
i. The two (2) conditions described above exist as of the date of the
ordinance creating the "no transportation impact fee zone(a);
il, A description of the boundaries of the proposed "no transportation impact
fee zone" by street names and intersections or by a metes and bounds
legal description;
iii. A graphic depiction of the boundaries of the proposed "no transportation
Impact fee zone, which will be Included as part of Exhibit IV to Chapter 25
of the Code;
Iv. The date on which the "No Transportation Impact Fee Zone" commences;
and
v. The date on which the "No Transportation Impact Fee Zone" expires.
The following geographic areas are hereby designated by city council aa "no
transportation Impact fee zones" for the time period set forth below, because
these areas have been found: (1) to suffer from chronically unacceptable levele of
poverty, unemployment, physical deterioration and/or economic disinvestment;
and (ii) to contain sufficient excess transportation infrastructure capacity to
accommodate antlclpated new development for the period of the exemption or to
be located in the transportation concurrency exception area (TCEA) as defined In
Chapter 17-5 of the Code:
West Tampa. The rear property line on the west side on MacDill Avenue on the
west; the rear property line on the north side of Columbus Drive on the north; the
rear property line on the east side of Rome Avenue on the east and the rear
property line on the south side of Green Street on the south (as graphically
depicted In Exhibit IV to this chapter).
The status of "West Tampa" as a "No Transportation Impact Fee Zone"
commences on October 18, 1999, and expires on October 17, 2004.
Ybor City Historic District. As delineated in the City of Tampa Zoning Code,
Chapter 27 of this Code (as graphically depicted In Exhibit IV to this chapter).
The status of the "Ybor City Historic District" as a "no transportation impact fee
zone" commences on October 18, 1999, and expires on December 31, 1999.
Tampa Heights. Using the centerlJne of the following streets as the boundary line,
and beginning at the intersection of North Boulevard and Columbus Drive the line
runs east on Columbus Drive to 'lSth S!reet; south on 15th Street to Nick Nucclo
Parkway; south on Nick Nucclo Parkway to Cass Street; west on Cass Street to
North Orange Street; north on North Orange Street to 1-275; west on !-275 to the
Hillsborough River; north along the Hillsborough River to North Boulevard; north
on North Boulevard to Columbus Drive (as graphically depicted In E×hlbit IV to
this chapter).
The status of "Tampa Heights" as a "No Transportation Impact Fee Zone"
commences on October 18, 1999, and expires on May 28, 2003,
East Tampa. The property bounded by the following streets: Commencing at the
Intersection of the northern boundary cf Interstate Highway 4 right-of-way and the
CITY OF TAMPA ATTORNEY Fax:8132748809 Sop 3 2002 15:06 P. 04
western boundary of th'~ 40th Street right-of-way as a point of beginning continue
northward along the western boundary of the 40th Street right-of-way until the
southem boundary of the Hillsborough Avenue right-of-way, thence west along
the southern boundary of the Hillsborough Avenue right-of-way until the eastern
boundaQ/of the 15th Street right-of-way, thence south along the 15th Street
right-of-way until the northern boundary of the Interstate Highway 4 right-of-way,
thence east clang the northern boundary of the Interstate Highway 4 right-of-way
to the western boundary of the 40th Street right-of-way, which is also the point of
beginning (as graphically depleted in Exhibit IV to this chapter),
The status of "East Tampa" as a "No Transportation Impact Fee Zone"
commences on October 18, 1999, and expires on October 17, 2004,
North Boulevard Homes. The property bounded by the following streets:
Commencing at the Intersection of the northern boundary of the Green Street
right-of-way and the western boundary of the North Boulevard right-of-way as a
point of beginning continue nodhward along the western boundary of the North
Boulevard right, of. way to Its Intersection with the southern boundary of the
Spru=e Street right-of-way as it existed prior to the vacating of this portion of
Spruce Street, thence westward along the southern boundary of both the vacated
and existing Spruce Street right-of-way until the Intersection of the southern
boundary of Spruce Street wlth the eastern boundary of the Rome Avenue
right-of-way, thence southward along the eastern boundary of the Rome Avenue
right-of-way until Its Intersection with the northern boundary of the 'Green Street
right-of-way, thence eastward along the northern boundary of the Green Street
right-of-way to Its Intersection with the western boundary of the North Boulevard
right-of-way, which Is also the pint beginning (as graphically depicted in Exhibit IV
to this chapter}.
The status of "North Boulevard Homes" as a "No Transportation Impact Fee
Zone" commences on the effective date of this ordinance creating the "North
Boulevard Homes No Transportation Impact Fee Zone" and expires five (5) years
thereafter.
· .Credits, generally.
Credits against transpartation impact' fees shall be available only under the
fallowing circumstances: (a) as provided In section 25-69(a)(4) of this chapter: (b)
approved roadway Improvements or approved right-of-way dedlr.,atlons which are
the subject of a transportation Impact fas credit agreement as described below;
or (c) cash contributions allowed under a development order in lieu of approved
roadway improvements or approved rlght-of-way dedications unless prohibited or
otherwise provided for in thc development order.
(2)
No credit shall be given for slte-related improvements or cash contributions made
for site-related Improvements under a development order or a development
agreement.
The approved Impact fee network for each impact fee district is identified in
Exhibit III which appears at the end of this chapter. The approved impact fee
network may be amended by ordinance from time to time based on additional
transportation studies or the city's twenty (20) years needs plan contained In the
Transportation Element of the Tampa Comprehensive Plan as It may be
CITY gF TRHPR RTTORNEY Fax:8152748809 Sop $ 2002 15:06 F. 05
(c)
amended from t/me to time.
Credits for approved roadway improvements or approved #ght-of-way dedications.
(1)
(2)
(3)
Approved roadway Improvements which are eligible for credit against
transportation Impact fees are capital improvements which: (a) correspond tn
road links or other Improvements which have been identified in the approved
Impact fee network In the district in which the development is located; and (b),
when completed, will carry traffic through the development thereby providing a
through connection with other road links identified in the approved impact fee
network for the district in which the development is located. The amount of
credits for approved roadway improvements shall equal the actual cost of
constructing the approved roadway Improvements as evidenced by copies of
construction contracts, invoices for payment, cancelled checks, affidavits
regarding payment or such other documentation as may be required by the
director. In no event shall the credit given for approved roadway Improvements
exceed the construction cost portion of the transportation impact fee.
Approved right-of-way dedlcatlons which are eligible for credit against
transportation impact fees are dedications or conveyances of real property for
public right-of-way purposes which: (a) correspond to road links or other
improvements Identified in the approved Impact fas network for the district in
which the development Is located: and (b) provide a through connection between
other roads identified in the approved impact fee network for the district In which
the development Is located. Approved right-of, way dedications may also Include
the dedication or conveyance of stormwater drainage and wetland mitigation
areas required to serve the proposed road. The amount of credits for approved
right-of-way dedications shall equal either; (a) one hundred ten (110) percent of
the most recent assessed value of the real property to be dedicated or conveyed
by the Hillsborough County Property Appraiser; or (b), if elected by the feepayer,
the average of two (2) appraisals of the fair market value of the real property to
be conveyed or dedicated prior to the commencement of the development which
appraisals have been prepared by two (2) MAI appraisers approved by the city at
the sole cost and expense of the feepayer. In no event shall credit be given for
approved right-of, way dedications In excess of the total mst of the right-of-way
portion of the transportation Impact fee.
Except aa provided in subsection 2~-74(c)(7} below, in order to receive credits
against transportation Impact fees for approved roadway improvements or
approved right-of-way dedications, a feepayer shall: (a), prior to the issuance of
any building permits for a development, submit an application to the city
requesting transportation impact fee credit~ which application the official has
reviewed and has deemed constitutes a complete application; and (b), prior to
the Issuance of any certificates of occupancy for a development, enter into
transportation impact fee credit agreement with the city, which has been
executed by both the city and the feepayer. In the event that a feepayer falls to
comply with both of these conditions, the faepayer, and the feepayer's
successors and a;;igna, shall be deemed to have waived any claim for credits in
connection with any approved roadway Improvements or approved rlght-of-wa~'
dedications made by the feepayer; provided, however, if the city requests
approved roadway Improvements or approved right-of-way dedical~ons a~ter a
5.2.15
CITY OF TRHPR RTTORNEY Fax:8132748809 Sop 3 2002 15:07 P. 06
(4)
development has commenced, then the city may elect to ~ompensate the person
making the approved roadway Improvements or approved right-of-way
dedication, with that person's consent, in whole or in part, by providing credits
against transportation Impact fees In accordance with a written agreement
between the city and the person making the approved roadway Improvements or
approved right-of-way dedications, which agreement must be approved by city
counoU.
APplications for credits against transportation impact fees far approved roadway
Improvements or approved right, of. way dedlcatlons shall be filed with the official
on an application form provided by the city. The form shall also Include a
proposed Transportation Impact fee credit agreement which shall be completed
and executed by the feepayer In connection with the application. In addition to
the application form and transportation Impact fee credit agreement, the applicant
shall provide the following Information to the city, unless such Information Is
waived by the transportation manager for goad cause:
Approved roadway improvements. The application for credits for approved
roadway improvements shall Include:
(a) a detailed list of capital improvements which will be constructed by the
feepayer as the approved roadway Improvements;
(bi any preliminary engineering drawings or engineering design studies for
the approved roadway Improvements which have been prepared and
sealed by an engineer licensed to practice in the State of Florida;
copies of all permits and/or permit applications required In connection
with the approved roadway Improvements; and
and specifications for the
been prepared and sealed
State of Florida and which
(c)
(d)
final engineering and construction drawings
approved roadway Improvements which have
by an engineer licensed under the laws of the
conform with the city's requirements.
Approved right-of-way dedications. The application
right-of-way dedications shall Include:
for credits for approved
a legal description and survey of the real property, to be dedicated or
conveyed which has been prepared and ~ealed by a Ilceneecl Florida
professional surveyor and mapper (the survey shall Identify the
boundaries of the real property to be dedicated or conveyed, all wetlands
or other environmentally sensitive lands, and the location of an),
exceptions to title noted In the titJe insurance commitment referenced
below);
a title Insurance commitment for the real property to be conveyed or
dedicated which has been issued by a title insurance company licensed
and authorized to do business in the State of Flodda together with copies
of all exceptions to title noted in the title insurance commitment; and
a copy of the most. current asssssed value of the real property to be
dedicated or conveyed as prepared by the Hillsborough County Property
Appraiser, As an alternative, the feepayer may elect, at the feepayer's
CiTY OF TRHPR RTTORNEY Fax:8152748809 Sap o zu~z z~:O? P. O?
(d)
sole cost and expense, to provide the city with two (2) written appraisals
of the fair market value of the real prope~ to be conveyed or dedicated
prior to the commencement of development which have been prepared by
two (2) MAI appraisers who have been approved by the city.
· (5) Within twenty (20) days of receipt of the application for credits for approved
roadway improvements or approved right-of-way dedications, the official shall
review the application and the proposed transportation impact fee credit
agreement for completeness and any deficiencies In connection with the
requirements of this chapter. If the application or agreement Is deemed
Incomplete or deficient In any manner, the official shall notify the feepayer In
writing of any deflclencles In connection with the application and/or the
agreement. The city shall take no further action in connection with the application
until the feepayer has amended the application to address any noted
deficiencies,
(iii) Within fifteen (15) days after the official has determined that the application for
credits and transportation impa~t fee cradit agreement are complete and are net
otherwise deficient, then the official shall transmit the transportation impact fee
credit agreement executed by the feepayer to the city clerk for placement on the
agenda for city council's approval. If approved by city council, the transportation
impact fee credit agreement shall be executed by the mayor and shall be
recorded In the Public Records of Hillsborough County, Florida. Upon approval of
the transportation Impact fee credit agreement, credits against transportation
Impact fees will be allowed for approved roadway Improvements or approved
right, of-way dedications in accordance with the terms of the approved
transportation impact fee credit agreement.
(7) Pdor to the effective date of the ordinance amending this chapter, the city has
previously agreed to grant credits against transportation Impact fees to persons
or entities In wrltl.ng through development agreements, annexation agreements or
letters Issued by the official ("preexisting agreements"). All such preexisting
agreements shall be deemed as an approved transportation Impact fee c .redlt
agreement for purposes hereof if the person or entity who Is entitled to credits
under the preexisting agreement within twelve (12) months of the effective date
of the ordinance amending this chapter either: la) obtains a written determination
from the city attorney that the preexisting agreement satisfies all of the essential
elements of a transportation Impact fee credit agreement as set forth In this
ordinance; or lb), if the city attorney determines that the preexlstlng agreement
does not satisfy the essential elements of a transportation impact fee credit
agreement as set forth herein, then the person or entity enters into a
transportation impact fee credit agreement with the city in compliance with the
terms hereof and the terms of the preexisting agreement,
Transfer of credlt~.
There shall be no transfer er assignment of credits against transportation impact
fees except in accordance with the terms of this section,
Any credits arising pursuant to section 25-69(a)(4) of the Code In connection with
a change of use or the redevelopment or modification of an existing use on a
parcel shall be specific to the parcel where the existing use Is located and shall
(2)
CITY OF TRM?H NIIUKN~Y ~ax:WlOWF4WWUW
(b)
run with title to that e~'ecific parcel, No such credits shall be transferred to any
other parcel or development.
In connection wlth credits for approved roadway improvements or approved
right-of-way dedications oreated pursuant to section 2~-74(c) of the Code:
(a) the official shall maintain a ledger of all credits for approved roadway
improvements and approved right-of-way dedications. The ledger shall list
the name of the record owner el' the credits, [he amount of credits and the
development associated With the credits. The ledger maintained by the
official shall constitute the official record of the ownership of any credits
associated with approved roadway improvements or approved
right-of-way dedications.
Credits for approved roadway improvements or approved right-of-way
dedications may be transferred within the same development by the
record owner of the credits to any other person or entity in connection
with s proposed uae within the same development upon compliance with
the terms of this section.
Credits for approved roadway Improvements or approved right-of, way
dedications may be transferred for use outside of a development In
accordance with the terms of the transportation Impact fas credit
agreement for that development; provided, however, the transportation
Impact fee credit agreement shall prohibit the transfer of credits In
connection with any proposed use or activity outside of transportation
impact fee district in which the development is located. In the event that
the transportation ImpaM fee credit agreement Is silent regarding the
transferability of credits outside of the development or in the event that no
transportation impact fee credit agreement exists, then the transportation
Impact fee credits may be transferred outside of the development by the
record owner of the credits to any other person or entity In connection
with a proposed use or activity within the sams Impact fee district where
the development Is located upon compliance with the terms of this
section.
The transfer or assignment of credits for approved roadway
Improvements or approved right-of-way dsdlcatlons permiffad by thio
section shall be accompllsheU by a written instrument filed with the
director Identifying the record owner of the credits, the development
aasoclated with the credits, the transferee, the amount of credits being ·
transferred and the transfer fee credit agreement creating the credits. The
instrument transferring the credits shall specifically provide that the terms
and conditions contained in the transportation Impact fee credit
agreement shall be binding on the transferee. The instrument transferring
the credits ,shall be executed by both the record owner of the credl[s and
the transferee, The execution of the instrument by both the record owner
of the credits and the transferee shall be acknowledged by a notary
publio.
from cash contributions in lieu of approved roadway
or approved right-of-way dedications permitted under a
(c)
(d)
(4) Credits arising
improvements
CITY OF TRMPR RTTORNFV Fax:8$32748809 Sop 3 2002 15:08 P. 09
development order may be transferred In accordance with the. terms of the
development order. If the development order does not address the transferability
of these credits, then the credits arising as a result of a cash contribution under a
development order shall be transferred in accordance with section ~,.~.Z~.(d){3) of
this chapter.
(Ord. No. 89-258, § 2(57-93}, 10-5.89; Ord, No. 98-50, § 3, 2-28-98; Ord. No. 98-119, § 1,
5-28-98; Ord, No. 99-227, § 2, 10.14-9g; Ord. No. 2000-92, § 2, 4-6-00; Ord. No. 2002-.91 § 2,
4-25-02) '
5.2.19
Public Suggestion:
INCREASE IN MILLAGE
RATE
INCREASE IN MILLAGE RATE
Increase in Millage Rate Dedicated to Mitigate an Increase in
Transportation Impact Fees
OBJECTIVE: Consider an increase in the existing millage rate, with the increased
revenue dedicated to mitigate an increase in the transportation impact fees as they relate
to specific economic development projects.
CONSIDERATIONS: Collier County has one of the lowest ad valorem rates in Florida.
The County has also historically depended upon tourism and agriculture for its economic
base, both of which are industries that are very dependent upon nature and national and
international economies. Diversifying our local economy will help to stabilize our tax
base while retaining our future workforce - the local student population.
An increase in the transportation impact fee rate may make Collier County less
competitive in attracting new industry plus may dissuade our existing employers in
expanding locally.
Specific eligible projects would be identified by the EDC - a targeted industry that
creates jobs paying at least 115% of the county's average wage
FISCAL IMPACT: It is estimated that a $5 million fund would be needed to assist in
the payment of impact fees for specified economic development projects. This could
help 8-10 firms per year pay an average $500,000 per project in transportation impact
fees.
At the current rate, an additional .25 mill would generate $5.9 million within the
unincorporated area of Collier County. To the owner of a $100,000 home, their tax bill
would increase by $25 per year. An additional. 10 mill would add $10 to the same
resident's tax bill and generate $2.3 million in revenue in unincorporated Collier, which
would assist 4-5 firms per year.
Taxable
Value of $100,000 $200,000 $300,000 $400,000 Revenue
Property Generated
Yearly Tax
increase on $25 $50 $75 $100 $5.9m
.25 mills
Yearly Tax
increase on $10 $20 $30 $40 $2.3m
.10 mills
5.3.1..
Example:
A firm constructs a 100,000 square foot industrial facility, will have a capital investment
of $5 million and hire 100 new employees paying an average wage of $40,000; the
impact fees deferred would be approximately $483,100 at the proposed rate. However,
over that same six-years, assuming a two-year design and construction period and using
the current millage rate, that same firm will have paid $271,358 in new ad valorem (not
including the taxes paid for the land) with a direct economic impact of $4 million. Only
two years of the additional ad valorem generated from this project will have off-set the
impact fees paid out of this new fund.
IMPLEMENTATION: Implementation of this program would require a simple
majority vote by the Commissioners, with an effective date and a sunset date if desired.
TIMEFRAME: Upon Commission approval, the program could be implemented
immediately. However, as ad valorem revenues are assessed and collected annually,
funds for such a program may take several years to accumulate.
5.3.2
Countywide
..' Unincorporated Area
Taxable Value
$39,612,259,552
$23,936,687,175
Milla,qe
1.0 Mill
.5 Mills
.25 Mill
.10. Mills
.1 Mill ~5 mills ~5 mills
$39,612,260 $19,806,130 $9,903,065
$23,936,687 $11,968,344 $5,984,172
(Countywide)
Tax Revenue
Generated
$39,612,260
$19,806,130
$9,903,065
$3,961,226
(Unincorporated) Cost per
Tax Revenue $100,000 of
~enerated- Taxable Value
$23,936,687 $100
$11,968,344 $50
$5,984,172 $25
$2,393,669 $10
.1 Mills
$3,961,226
$2,393,669
Milla!
Per
_$1 Mil!
0.0~
0.0z
5.3.3.
OFFICE OF THE CO UNTY,4 TTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney ~'l'[ ~
September 11, 2002
Impact Fee Mitigation Suggestions- Increase in Millage Rate
Dedicated to Mitigate an Increase in Transportation Impact Fees
Query:
Please review the increase in millage rates dedicated to mitigate an increase in
Transportation Impact Fees as an alternative funding source in lieu of or in addition to
or in mitigation of impact fess for legal sufficiency and comment on what would be
needed to enact each (i.e.-Legislative Action, Referendum, Super-Majority Vote,
Majority Vote, Ordinance Amendment, LDC/GMP Amendment...
Response:
In order to increase the Ad Valorem tax rate to provide separate tax funds specifically for
roads, the State Legislature would have to provide for such a tax. The County however
has the authority to levy property taxes in general for County purposes, including roads.
Cc:
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Increase in Millage Rate
Public Suggestion:
ESTABLISH
GEOGRAPHIC
OVERLAYS
ESTABLISH GEOGRAPHIC OVERLAYS
Establish Geographic Overlays to Pay Less (or No) Transportation
Impact Fees
OBJECTIVE: Consider establishing geographic overlays, in which properties located within
these boundaries would be subject to a lesser, or complete waiver, of transportation impact
fees.
CONSIDERATIONS: There are regions within Collier County that may have enough road
capacity to allow for growth within those specific areas, specifically Immokalee and parts of
East/South Naples. To entice specific development within those areas, a lower fee schedule or
complete "waiver" of transportation impact fees could be offered, perhaps with a limited time
frame (i.e., sunset provision after five years).
Immokalee already has several designations in place: local CRA (Community Redevelopment
Agency) district, a state Enterprise Zone, plus it is part of a federal Enterprise Community. The
geographic boundaries vary for each of these programs, but the core "urban area" is included in
each. A portion of East Naples, specifically the Bayshore and Gateway Triangle areas, is also a
designated CRA district, with particular geographic boundaries. East/South Naples als° has
specific neighborhoods that have been targeted for particular assistance programs (i.e., Naples
Manor).
Example:
In 2000, Hillsborough County designated six geographic areas of the County as "No Fee
Zones" for a period of three years, as did the City of Tamp for parts of Ybor City, in an effort
to encourage development in economically distressed areas. Ybor City is also designated as a
CRA district. Building permits within the geographic boundaries must be obtained within the
three-year period.
FISCAL IMPACT: In FY2000-01, approximately $142,000 was collected in impact fees
within the Immokalee taxing district (District 5); approximately $1.5 million was collected in
District 4, which includes most of East/South Naples plus the City of Marco Island - a total of
approximately $1.68 million within the two taxing districts. County capital expenditures in
these two districts totaled $165,720 for FY2000-01.
IMPLEMENTATION: Implementation of this program would require a simple majority vote
of approval from the Board of County Commissioners, with a sunset provision if desired. In
addition, the applicant would need to conduct an assessment to validate road capacity as part of
their SDP/SIP process.
TIMEFRAME: If supported by the Commission, the program could be implemented quickly,
after the geographic boundaries have been determined.
Section P. MISCELLANEOUS IMPACT FEE RELIEF PROGRAMS
1. "NO-FEE TRANSPORTATION ZONES" FOR DISTRESSED AREAS
~: There may be certain areas within the unincorporated County which, due to economic
decline or other uncxpected circumstanccs, have substantial cxccss capacity in their existing transportation
infrastructure which is, accordingly, available for use by new growth. The Board may elect to define and
designate such areas as "No-Fee Transportation Zones" (for both right-of-way and roadway improvements)
in order to encourage development in the area.
b. Definition. A "No-Fee Transportation Zone" is a specified geographic area which has been
designated by the Board, based upon the criteria set forth below, as zone in which no transportation impact
assessments arc collected and no transportation impact funds are spent:
c. Criteria. Designation of a. "No-Fec Transportation Zone" shall be approved in the form of an
ordinance adopted by the Board at a public hearing, which approval shall comply with all the folloWing
criteria:
1) Public Interest. The Board shall make specific findings of fact demonstrating (a) that
the proposed "No-Fee Transportation Zone" is an area which is suffers from substantial negative
social and/or economic conditions, and Co) that it is in the public interest -- legally, fiscally, and
from a public policy perspective -- to grant the designation.
2) Substantial .Excess Capacity. The zone shall contain existing excess transportation
infrastructure capacity sufficient to accommodate substantial new growth, in an amount, which
would justify excluding the zone from both the collection and expenditure of transportation, impact
assessments for a year or more.
3) Size and Location of Zone. The zone shall generally bc not less than 100 acres and
not more than 5000 acres in size and shall be reasonably compact, as that term is defined in
Section 171.031(12), Florida Statutes (1995). The boundaries of the zone shall bc clearly
described in the adopting ordinance: (a) by legal description, and Co) by names of bordering streets
or such other boundaries as are commonly understood by the general public, and (c) by graphic
depiction on a map.
4) Supporting Data and Analysis: The designation of any area as a "No-Fee Zone"
hereunder shall be based upon technically sound supporting data and analysis, prepared by
qualified transportation professionals, which data and analysis is subject to the review and
approval of the Administrator, in consultation with thc County Attorney on legal issues.
5) Duration, Review, and Administration. The designation shall bc of limited duration,
with a one-year minimum and a stated expiration date, although it may be subject to extension by
the Board. The Administrator shall provide annual or more frequent periodic reports to the Board
concerning the development activity within the zone and, any associated fiscal impact associated
with the zone designation. The designation program shall be administered by the Administrator,
who shall promulgate necessary, forms, rules, regulations, procedures, technical manuals, and
other material as are necessary for implementation and administration of thc "No-Fee
Transportation Zone" program.
12/04/96 H:\groups\wlandkimpact. C O3
Article 8, Section P.
d. Effect Of Desi~nation.LUpon designation .of a "No-Fcc Transportation Zone" and for the
duration thereof, the County shall cease collecting transportation impact assessments for land development
activities within thc designated zone. Likewise, thc County shall cease spending transportation impact
assessment funds within the designated zone. Accordingly, a designated "No-Fee Zone" pursuant to this
Article 8, Section P. shall be excluded from thc applicable transportation benefit/assessment zone pursuant
to this Ordinance for the duration of the designation. .
2. CREATION OF ADDITIONAL RELIEF PROGRAMS. ~
a. General.. The Board may determine from time to time that it is in the public interest to adopt'
incentive programs which provide relief from the payment of impact assessments hereunder for certain
types of development which are beneficial to the citizens of Hillsborough County.
b. Criteria. The Board may adopt such programs which relieve certain land development activity
from payment of impact assessments pursuant to this Ordinance only upon compliance with all the
following criteria:
1) Public Interest. The Board shall make a finding that the program furthers a legitimate
governmental interest and that it is in the public interest of the citizens of Hillsborough County.
2) Supporting Data and Analysis. Thc program shall be based upon technically sound
supporting data and analysis, prepared by qualified professionals in thc appropriate field, which
data and analysis is subject to the review and approval of the Administrator.
3) DUration, RevieTM, and Administration. Thc program shall bc of limited duration,
with a stated expiration date, although it may be subject to extension by thc Board. The
Administrator shall make annual or more frequent periOdic, reports to the Board concerning
program, status, activity, and fiscal impact. The program shall be admin/stered by the
Administrator, who shall promulgate such forms, rules, regulations, procedures, and technical
manuals as arc necessary for program implementation and administration.
4) Legal Compliance. The program shall be reviewed by the County Attorney to ensure
compliance with all applicable local, state, and federal law, including but not limited to: the
rational nexus test, equal protection principles, and other constitutional requirements. Program
approval shall be st~bject to the issuance of a written legal opinion by thc County Attorney
confirming legal compliance.
5) Public Hearing. The relief program shall be adopted in the form of an amendment to
this Ordinance by the Board at a public hearing.
3. NOTICE TO APPLICANTS,. Information summarizing applicable impact assessment relief programs
adopted pursuant to this Article 8., Section P. shall be made available to Applicants at the time of application for a
building permit.
12/04/96 H:\~oups\wlandkimpact. C O 3
Article 8, Section P.
5.4.3
. 04/24/1995 13:27
3276810149 PERMIT SERVIC~
PAC1E O2
Hillsborough County adopted tho No Fee Zone program in an effort to encouragg dovelopment in
oconomicaily distressed arms.
App~ Are~ ~d Program Period
Thc No Fcc Zone rcllcvcz the payment oftrans~tion and right-of-way impact foes and water
and sewer capacity fees and AGRF fees in the six geographic areas cd'Hillsborough County
(USF, Orieng Causo~y, Progress Village, Gibsonton and Wimauma). In thc ¢~_~ of
Uamportation and fight-of-way impact fees, tho County is not obligated to pay those fees on
bclmlf ora qualifying permit with exception of the USF zone. The transportation and right of
way program began July !$, 2000 (USF began October I,' 2000) and expires July 15, 2003 (USF
zxpires September 30, 2003). The water and sewer program became effective October 1, 2000 in
all six zonea and expires september 30, 2003. The County is obligated to reimburse the Water
Department foe wnter and sewer capacity fees and AORF fe~ for qualifying lots. In o~ler to
qunlify, ~~i~_. for property located within the geographic boundaries must be obtain~l
Any building subject to a transportation and right-of-way impact fee and located within a No
Zone would not pay tho applicable transportation and right-of-way impact fee and water and
sewer capacity fe~/AGRF fo~ he,he building permit is obmin~cl in the thrcc year timeframe
detnikd abov~
What about School, Park and Fire Imp~t F~s?
If other impact flees (school, park and fire) are duc based upon thc proposed dcvclopmcnt~ those
faes will be required to be paid.
O~eatio~?
~esl:ions regarding tbeNo Fee Zone should be directed to the Impact Fee Manager at (813) 276-
830:5.
B&B CORPORATE HOLDINGS, I NC.
P. O, Box 1808 - Tampa, FI 33601.1808
927 U.S. Highway 301 South - Tampa, FI 33619
(813),,~q2.. I,-641 !.- VAX 4813) 622-S163 - Real Estate Fax,(g.?). 6:16-._~33864
July 3~ :2002
Mr. Raymond T. Holland, President
Immokalee Chamber of Commerce
7:20 Highway 29 North
Immokalee, FL 34142
RE: Moratorium - Impact Fees
Dear Mr. Holland:
I was intrigued by your letter of June 25'h concerning your efforts to ha'ge a moratorium on impact
fees for Immokalee. As a business owner, we strongly support this initiative.
Impact fees play a significant role in determining the economic via3ility of a project. As an
example, we are looking at a possible retail/office POD for Immokalee with our engineers, RWA.
Even though this.is a rather small (12 acre) development, the impact/"~es are significant. This is
especially barnfful in an area such as Immokalee, where prevailing rent,,; are so low that it becomes
economically unfeasible to develop even though the need exists.
Based on Collier County's impact fee calculation on their website, the impact fees for our proposed
development would be as follows:
New 3,900 sf- Convenience Store with gas $ 64,205
750 sf- Car wash 16,720
15,600 sf- Retail 165,812
4'6, 800 sf - Office 1., 237,3 63
Total Impact Fees:
$1,,484,100
HANDYXROMEg O* R_HO LLAN-D ' KXPLT°7030~
5.4.5
U-Save Supermarkets ~ Handy Food Stores, lnc, a Real E,,tate Division
Mr, ~eymond T, Holland
lm~tokslec Ch,,mbcr of Commerce
Page 2.
July, 3, 2002
How can we get a paybaek for new developmem when prevailing rems ~br this type of space are in
the $7.00-$9.00 per square foot r~tnge? Having a moratoritun on the impact fees of one-and-a-half
million dollars certainly casts the project in a new light.
We believe that if you are successful in obtaining an impact fee moratorium, the development
Immokalee and Collier County desires will become a reality for the Ci'ly of Immokalee.
You have our full support.
Respe¢l~dly,
HANDY FOOD STORES, INC.
Director of Operations
RP~plt
IqA NBY~ROM~_RO * R_HOLLAND~ R~PLT0?0302
TO:
FROM:
DATE:
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County AttorneyJ~.~_~.~
September 11, 2002
Impact Fee Mitigation Suggestions- Establish Geographic Overlays
to Pay Less (or no) Transportation Impact Fees
Query:.
Please review the establishing of geographic overlays to pay less (or no) Transportation
Impact Fees as an alternative funding source in Heu of or in addition to or in mitigation
of impact fess for legal sufficiency and comment on what would be needed to enact each
(i.e.-LegislativeAction, Referendum, Super-Majority Vote, Majority Vote, Ordinance
Amendment, LDC/GMP Amendment...
Response:
A local ordinance would be required as well as a rational basis, as determined by the
Collier County Board of County Commissioners, to justify the geographic overlay. The
City of Tampa has a similar ordinance already in place. [See attachment]
Cc:
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Establish Geo~aphic Overlays
5.4.7
CITY DF TRMPR RTTI]RNEY Fax:8132748809 Sap $ 2002 15:05 P. 02
Sec. 25-74, Exemptions from and credits for transportation Impact fee,
(a) Exernpt/ona. The following shall be exempted from payment of the transportation lmpa~
fee:
(1) Alterations to an existing building where no additional units are created, the use
Is not changed and where no additional vehicular trips will be produced over and
above that produced by the existing use;
(2} The construction of accessory buildings or structures or the expansion of an
existing building or structure, except a single-family detached house, where the
expansion is less than five hundred (500) square feet o~' five (S) percent of the
existing building or structure, whichever is less;
The expansion of or addition to a single-family detached house, where the
expansion or addition Is less than five hundred (500) square feet;
(3) The replacement of a building or structure with a new building or structure,
provided that no transportation impacts will be created over and above those
created by the use of the land on the effective data of the ordinance from which
this chapter was derived;
(4) Governmental and public facilities;
{5) Independent nonprofit Institutions of post-secondary education which are
accredited by the Southern Association of Colleges and Schools; or
(6) "No transportation Impact fee z~nes," which are specified geographic areas of
the city In which no transportation Impact fees are charged for land development
or redevelopment activities for a certain psriod of time, and In whlGh no
transportation Impact fees are spent for ti~e sams certain perlod of time. "No
transportation Impact fee zones" shall be created only by an ordinancs enactsd
by city council upon a finding that the following conditions exist:
i. The proposed "no 'transportation Impact fee zone" Is an area which
" suffers from chronically unacceptable levels of poverty, unemployment,
physic, al deterioration, and/or economic disinvestment; and
il. The proposed "no transportation impact fee zone" contains sufficient
excess transportation Infrastructure capacity to accommodate anticipated
new development for the term of the proposed exemption from the
payment and collection of transportation impact fees or the proposed no
transportation Impact fee zone Is located In the transportation
concurrency exception area (TCEA) as defined in Chapter 17-5 of the
Code.
The maximum duration of any "'no transportation Impact fee zone'" shall be five
(5) years; provided, however, city council may extend the term of the exemption
by ordinance If city council finds that the two (2) conditions described above still
exist at the end of the original exemption period.
The ordinance creating one (1) or more "no transportation impact fee zone(s)"
shall specifically provide:
CITY OF TRHPR RTTORNEY Fax:8132?48809 Sep 3 2002 15:05 P. 03
i. The two (2) conditions described above exist as of th~ date of the
ordinance creating the "no transportation impact fee zone(s);
ii, A description of the boundaries of the proposed "no transportation impact
fee zone" by street names and intersections or by a metes and bounds
legal description;
iii. A graphic depiction of the boundaries of the proposed "no transportation
Impact fee zone, which will be Included as part of Exhibit IV to Chapter 25
of the Code;
Iv. The date on which the "No Transportation Impact Fee Zone" commences;
and
v, The date on which the "No Transportation Impact Fee Zone" expires.
The following geographic areas are hereby designated by city council as "no
transportation Impact fee zones" for the time per[od set forth below, because
these areas have been found: (i) to suffer from chronically unacceptable levels of
poverty, unemployment, physical deterioration and/or economic dlslnveetment;
and (ii) to contain sufficient excess transportation infrastructure capacity to
accommodate anticipated new development for the period of the exemption or to
be located in the transportation concurrency exception area (TCEA) as defined In
Chapter 17-5 of the Code:
West Tampa. The rear property line on the west side on MacDill Avenue on the
west; the rear property line on the north side of Columbus Drive on the north; the
rear properly line on the east side of Rome Avenue on the east and the rear
property line on the south side of Green Street on the south (as graphically
deplu'ted In Exhibit IV to this chapter).
The status of "West 'Tampa" as a "No Transportation Impact Fee Zone"
commences on October 18, 1999, and expires on October 17, 2004.
Ybor City Histodc District. As delineated in the City of Tampa Zoning Code,
Chapter 27 of this Code (as graphically depicted In Exhibit IV to this chapter).
The status of the "Ybor City Histodc District" as a "no transportation impact fee
zone" commences on October 18, 1999, and expires on December 31, 1999.
Tampa Heights. Using the centerline of the following streets as the bounda~ line,
and beginning at the intersection of North Boulevard and Columbus Drive the line
runs east on Columbus Drive to 'lSth St~reet; south on 15th Street to Nick Nucclo
Parkway; south on Nick Nucclo Parkway to Cass Street; west on Cass Street to
North Orange Street; north on North Orange Street to i-275; west on 1-275 to the
Hillsborough River; north along the Hillsborough River to North Boulevard; north
on North Boulevard to Columbus Drive (as graphically depicted In Exhibit IV to
this chapter).
The status of "Tampa Heights" as a "No Transportation Impact Fee Zone"
commences c~n October 18, 1999, and expires on May 28, 2003,
East Tampa. The property bounded by the following streets: Commencing at the
intersection of the northern boundary of Interstate Highway 4 right-of-way and the
CITY OF TRHPR RTTORNEY Fax:8152748809 Sap 5 2002 15:06 P. 04
(b)
western boundary of th'e 40th Street right-of-way as a point of beginning continue
northward along the western boundary of the 40th Street right-of-way until the
southern boundary of the Hillsborough Avenue right-of-way, thence west along
the southern boundary of the Hillsborough Avenue fight-of-way until the eastern
boundary of the 15th Street right-of-way, thence south along the 15th Street
right, of-way until the northern boundary of the Interstate Highway 4 right-of-way,
thence east along the northern boundary of the Interstate Highway 4 fight-of-way
to the western boundary of the 40th Street fight-of-way, which is also the point of
beginning (as graphically depicted in Exhibit IV to this chapter),
The status of "East Tampa" as a "No Transportation Impact Fee Zone"
commences on Qctober 18, 1999, and expires on October 17, 2004.
North Boulevard Homes. The property bounded by the following streets:
Commencing at the Intersection of the northern boundary of the Green Street
right-of-way and the western boundary of the North Boulevard right-of-way as a
point of beginning continue nodhward along the western boundary of the North
Boulevard right, of-way to Its Intersection with the southern boundary of the
Spruce Street fight-of-way as it existed prior to the vacating of this portion of
Spruce Street, thence westward along the southern boundary of both the vacated
and existing Spruce Street right-of-way until the Intersection of the southern
boundary of Spruce Street with the eastern boundary of the Rome Avenue
fight-of-way, thence southward along the eastern boundary of the Rome Avenue
fight-of-way until Its Intersection with the northern boundary of the .Green Street
fight-of-way, thence eastward along the northern boundary of the Green Street
right-of-way to Its Intersection with the western boundary of the North Boulevard
right-of-way, which Is also the pint beginning (as graphically depicted in Exhibit IV
to this chapter).
The status of "North Boulevard Homes" as a "No Transportation Impact Fee
Zone" commences on the effective date of this ordinance creating the "North
Boulevard Homes No Transportation Impact Fee Zone" and expires five (5) years
thereafter.
.'Credits, generally.
(1} Credits against transportation impact fees shall be ava, able only under the
following circumstances: (a) es provided In section 25-69(a)(4) of this chapter; (b)
approved roadway Improvements or approved rlght-of-way dedications which are
the subject of a transportation Impact fee credit agreement aa described below;
or (c) cash contributions allowed under a development order in lieu of approved
roadway improvements or approved rlght-of-way dedlcatlons unless prohibited or
othenvise provided for in the development order.
[2) No credit shah be given for site-related improvements or cash contributions made
for site-related Improvements under a deve{opment order or a development
agreement.
(3) The approved Impact fee network for each impact fee district is identified in
Exhibit Iil which appears at the end of this chapter. The approved impact fee
network may be amended by ordinance from time to time based on additional
transportation studies or the city's twenty (20) years needs plan confained In the
Transportation Element of the Tampa Comprehensive Plan as It m~y be
CITY OF TAMPA ATTORNEY Fax:8132?48809 Sep 3 2002 15:06 P. 05
(o)
amended from time to time,
Credits for approved roadway improvements or approved #ght-of-way dedications.
(1) Approved roadway Improvements which are eligible for credit against
transl~ortatlon Impact fees are capital improvements which: (a) correspond t~
road links or other Improvements whloh have been identified in the approved
Impact fee network In the district In which the development is located; and (b),
when completed, will carry traffic through the development thereby providing a
through connection with other road links Identified in the approved impa~t fee
network for the district in which the development is located, The amount of
credits for approved roadway improvements shall equal the actual cost of
constructing the approved roadway Improvements as evidenced by copies of
construction contracts, invoices for payment, cancelled checks, affidavits
regarding payment or such other documentation as may be required by the
director. In no event shall the credit given for approved roadway Improvements
exceed the construction cost portion of the transportation impact fee.
(2) Approved right-of-way' dedications which are eligible for credit against
transportation impact fees are dedications or conveyances of real property for
public right-of-way purposes which: (a) correspond to road links or other
improvements Identified In the approved Impact fee network for the district in
which the development Is located; and (b) provide a through connection between
other roads identified in the approved impact fee network for the district In which
the development Is located, Approved right, of. way dedications may also Include
the dedication or conveyance of stormwater drainage and wetland mitigation
areas required to serve the proposed road. The amount of credits for approved
right-of-way dedications shall equal either; (a) one hundred ten (110) peroant c~f
the most recent assessed value of the real property to be dedicated or conveyed
by the Hillsborough County Property Appraiser; or (b), if elected by the feepayer,
the average of two (2) appraisals of the fair market value of the real property to
be conveyed or dedicated prior to the commencement of the development which
appraisals have been prepared by two (2) MAI appraisers approved by the city at
the sole cost and expense of the feapayer. In no event shall credit be given for
" approved right-of-way dedications In excess of the total cost of the right-of-way
portion of the transportation Impact fee.
(3) Except aa l~rovided in subsection 2S-74(c)(7} below, in order to receive credits
against transportation Impact fees for approved roadway improvements or
approved right-of-way dedications, a feepayer shall: (a), Prior to the issuance of
any building permits for a development, submit an application to the city
requesting transportation impact fee credi~ which application the official has
reviewed and has deemed constitutes a complete application; and (b), prior to
the issuance of any certificates of occupancy for a development, enter into
transportation impact fee credit agreement with the city, which has been
executed by both the city and the feepayer, in the event that a feepayer fells to
comply with both of these conditions, the feepayer, and the feepayer's
successors and assigns, shall be deemed to have waived any claim for credits in
connection with any approved roadway Improvements or approved right-of-way
dedications made by the fsepaysr; provided, however, if the city requests
approved roadway Improvements or approved right-of-way dedications after a
CITY OF TRHPR RTTORNEY Fax:8152748809 Sop ~ 2002 15:07 P. 06
(4)
development has commenced, then the city may elect to ~ompensate the person
making the approved roadway improvements or approved right-of-way
dedication, with that person's consent, in whole or in part, by providlng credits
against transportation Impact fees In accordance with 'a written agreement
between the city and the person making the approved roadway Improvements or
approved right-of-way dedications, which agreement must be approved by city
council.
Applications for credits against transportation impact fees for approved roadway
Improvements or approved right, of. way dedications shall be filed with the ofllclai
on an application form provided by the city, The form shall also Include a
proposed Transportation Impact fee credit agreement which shall be completed
and executed by the feepayer In connection with the application. In addition to
the application form and transportation Impact fee credit agreement, the applicant
shall provide the following Information to the city, unless such Information Is
waived by the transportation manager for good cause:
Approved roadway improvements, The application for credits for approved
roadway improvements shall Include:
(al a detailed list of capital Improvements which will be constructed by the
feapayer as the approved roadway Improvements;
(bi any preliminary engineering drawings or engineering design studies for
the approved roadway Improvements which have been prepared and
sealed by an engineer licensed to practice In the State of Florida;
(c) copies of all permits and/or permit applications required in connection
with the approved roadway Improvements; and
(d) final engineering and construction drawings and specifications for the
approved roadway Improvements which have been prepared and sealed
by an engineer licensed under the laws of the State of Florida and which
conform with the city's requirements.
Approved right, of. way dedications. The application for credits for approved
right-of-way dedications shall Include:
(al a legal description and survey of the real property, to be dedicated or
conveyed which has been prepared and sealed by e licensed Florida
professional surveyor and mapper (the survey shall Identify the
boundaries of the real property to be dedicated or conveyed, all wetlands
or other environmentally sensitive lands, and the location of any
exceptions to title noted In the title insurance commitment referenced
below);
(b) a title Insurance commitment for the real property to be conveyed or
dedicated which has been Issued by a title insurance company licensed
and authorized to do business In the State of Flodda together with copies
of all exceptions to title noted in the title insurance commitment; and
a copy of the most-current assessed value of the real property to be
dedicated or conveyed as prepared by the Hillsborough County Property
Appraiser, As an alternative, the feepayer may elect, at the feepayer's
CITY OF TRMPR RTTORNEY Fax : 8132748809 Sep o zw~ i~:O? P. O?
sole cost and expense, to provide the city with two (2) written appraisals
of the fair market value of the real properly to be conveyed or dedicated
prior to the commencement of development which have bean prepared by
two (2} MA/appraisers who have been approved by the city.
, (5) Within twenty (20) days of receipt of the application for credits for approved
roadway improvements or approved right-of-way dedications, the official shall
review the application and the proposed transportation impact fee credit
agreement for completeness and any deficiencies In connection with the
requirements of this chapter. If the application or agreement Is deemed
Incomplete or deficient in any manner, the official shall notify the feepayer In
writing of any deficiencies In cennectlon with the application and/or the
agreement. The city shall take no further action in connection with the application
until the feepayer has amended the application to address any noted
deficlendes,
(6) Within fifteen (15) days after the official has deterrnined that the application for
credits and transportation Impa~ fee credit agreement are complete and are net
otherwise deficient, then the official shall transmit the transportation impact fee
credit agreement executed by the feepayer to the city clerk for placement on the
agenda for city council's approval. If approved by city council, the transportation
impact fee credit agreement shall be executed by the mayor and shall be
recorded in the Public Records of Hillsborough County, Florida. Upon approval of
the transportation Impa~ fee credit agreement, credits against transportation
Impact fees will be allowed for approved roadway improvements or approved
right-of-way dedications in accordance with the terms of the approved
transportation impact fee credit agreement.
(7) Prior to the effective date of the ordinance amending this chapter, the city has
previously agreed to grant credits against transportation Impact fees to persons
or entities In writing through development agreements, annexation agreements or
letters Issued by the official ("preexisting agreements"). All such preexisting
agreements shall be deemed as an approved transportation Impact fee c .redlt
agreement for purposes hereof if the parson or entity who Is entitled to credits
under the preexisting agreement within twelve (12) months of the effective date
of the ordinance amending this chapter either: {a) obtains a written determination
from the city attorney that the preexisting agreement satisfies all of the essential
elements of a. transportation Impact fee credit agreement as set forth In this
ordinance; or (b), if the city attorney determines that the preexisting agreement
does not satisfy the essential elements of a transportation impact fee credit
agreement as sat forth herein, then the person or entity enters into a
transportation impact fee credit agreement with the city in compliance with the
terms hereof and the terms of the preexisting agreement.
Transfer of crecllts.
(i) There shall be no transfer or assignment of credits against transportation impact
fees except in accordance with the terms of this section,
(2) Any credits arising pursuant to section 25-69(a)(4) of' the Code In connection with
a change of use or the redevelopment or modification of an existing use on a
parcel shall be specific to the parcel where the existing use Is located and shall
CITY OF TRNPR RTTORNEY Fax:8152?48809 Sep 5 2002 15:07 P. 08
¢)
(4)
Credits
improvemants
run with title to that sjs'eciflo parcel, No such credits shall be transferred to any
other parcel or development.
In connection with credits for approved roadway improvements or approved
right-of-way dedications created pursuant to section ,2~-74(c) of the Code:
(a) the official shall maintain a ledger of all credits for approved roadway
improvements and approved right-of-way dedications. The ledger shall list
the name of the record owner o1' the credits, [he amount of credits and the
development associated With the credits. The ledger maintained by the
official shall constitute the official record of the ownership of any credits
associated with approved roadway Improvements or approved
right-of-way dedications.
(b) Credits for approved roadway improvements or approved right-of-way
dedications may be transferred within the same development by the
record owner of the credits to any other person or entity in connection
with a proposed use within the same development upon compliance with
the terms of this section,
(c) Credits for approved roadway Improvements or approved fight-of-way
dedications may be transferred for use outside of a development In
accordance with the terms of the transportation Impact fee credit
agreement for that development; provided, however, the transportation
impact fee credit agreement shall prohibit the transfer of credits In
connection with any proposed use or activity outside of transportation
impact fee district In which the development is located. In the event that
the transportation Impa~ fee credit agreement Is silent regarding the
transferability of credits outside of the development or in the event that no
transportation impact fee credit agreement exists, then the transportation
Impact fee credits may be transferred outside of the development by the
record owner of the credits to any other person or entity In connection
with a proposed use or activity within the same Impact fee district where
the development Is located upon compliance with the terms of this
section.
(d) The transfer or assignment of credits for approved roadway
Improvement-, or approved right-of-way dedications parmiffed by this
section shall be accomplished by a written instrument filed with the
director Identifying the record owner of the credits, the development
associated with the credits, the transferee, the amount of credits being ·
transferred and the transfer fee credit agreement creating the credits. The
instrument transferring the credits shall specifically provide that the terms
and conditions contained in the transportation Impact fee credit
agreement shall ba binding on the transferee. The instrument transferring
the credits ..shall be executed by both the record owner of the credits and
the transferee, The execution of the instrument by both the record owner
of the credits and the transferee shall be acknowledged by a notary
public.
arising from cash contributions in lieu of approved roadway
or approved right-of-way dedications permitted under a
CITY OF TRHPR RTTORNFV Fax:8132?48809 Sap 3 2002 15:08 P. 09
development order may be tran,ferred In accordance with the' terms of /he
development order. If the development order does not address the transferability
of these credits, then the credits arising as a result of a cash contribution under a
development order shall be transferred in accordance with section ~:Z~(d)(3) of
this chapter.
(Ord. No, 89-258, § 2(57-93}, 10-~i-89; Ord. No. 98-50, § 3, 2-26-98; Ord. No. 98-119, § 1,
5-28.98; Ord. No. 99-227, § 2, 10-14.gg; Oral. No. 2000-92, § 2, 4-6-00; Ord. No. 2002-91 § 2,
4-25-02) '
5.4.15
Public Suggestion:
INDEXING OF LOCAL
OPTION GAS TAX
LOCAL OPTION GAS TAX
INDEX LOCAL OPTION GAS TAX TO CONSUMER PRICE INDEX
OBJECTIVE: Consider an increase in the local option gas tax, indexed to the
Consumer Price Index (CPI), with sunset provision. Additional revenue to be used to
mitigate the increased transportation impact fees for specific economic development
projects.
CONSIDERATIONS: Collier County currently has three local option gas taxes: a six-
cent First Local Option, a five-cent Second Local Option and a ninth-cent "Voted" gas
tax. These amounts are the maximum local option gas taxes that can be instituted by a
local government in Florida.
FISCAL IMPACT: The Florida Department of Revenue (DOR) estimates that in
FY2001-02, approximately $10.6 million was collected in local gas taxes in Collier
County. DOR estimates that $6.1 million will be collected from the Six-cent Local
Option in the upcoming fiscal year, approximately $4.6 million will be collected from the
five-cent Local Option, with an additional $1.3 million estimated to be collected from the
Ninth Cent gas tax. Indexing this amount to the CPI, which averages 2.4% per year, a
total of $312,800 in additional revenue would be generated in FY 04 for local use.
FY 04 Additional
Local Option FY02 FY03 FY04 Projected Revenue
Gas Tax Forecast Forecast Forecast w/Inde×inq w/Indexinq
cent (.06) $6,107,60£ $6,333,70(: $6,523,70(: $6,680,30(:: $35,50(:
5tcent (.05) $4,690,20(: $4,883,90(: $5,030,40£ $5,151,100 $156,600
9th cent (.01) $1,376,20(: $1,437,50(: $1,480,600 $1,516,100 $120,700
Total: $12,174,00¢ $12,655,10(: $13,034,700 $13,347500 $312,800
IMPLEMENTATION: Implementation of this program would require approval from
the State Legislature.
TIMEFRAME: If supported by the Commission, the legislation could be forwarded to
our local delegation for consideration in the 2003 Legislative Session. It could go into
effect as early as 1/1/04; however, the monies generated will take time to accumulate.
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney ~~
September 11, 2002
Impact Fee Mitigation Suggestions- Index Local Option Gas Tax
to Consumer Price Index
Query:
Please review the index local option gas tax to consumer price index as an alternative
funding source in lieu of or in addition to or in mitigation of impact fess for legal
sufficiency and comment on what would be needed to enact each (i. e. - Legislative
Action, Referendum, Super-Majority Vote, Majority Vote, Ordinanc'e Amendment,
LDC/GMP Amendment...
Resp ons e:
Collier County has utilized all available local option gas taxes. The State Legislature
would have to enact additional laws in order to implement this method as an additional
source of revenue.
Cc~
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Index Local Option Gas Tax
5.5.2
Alternative Revenue
Sources
Section Index
Page
Title
6.1.1
Funding Matrix
6.2.1
Real Estate Transfer Surtax
6.3.1 Raise Millage Rate
Public Suggestion:
REAL ESTATE
TRANSFER SURTAX
Real Estate Transfer Surtax
Implement a Countywide Real Estate Transfer Tax to Provide Funds for
Infrastructure and Implement a Corresponding Reduction in Impact Fees
OBJECTIVE: To raise additional revenue for road construction, and possibly other
infrastructure systems as well, while decreasing the emphasis on impact fees.
CONSIDERATIONS: Collier County charges far and away the highest impact fees in
the state. The proposed Road Impact Fee Increase to more than twice the current rate
would further widen that gap.
While impact fees provide a funding source for growth-necessitated capital
improvements, they do not account for new residents or new commercial interests that
take over existing structures. This proposed funding source would provide revenue for
road construction from the same new developments that pay impact fees but would
provide additional funding from real estate transactions involving existing construction as
well. At the proposed rate, impact fees collected for a new 2,000 sq. ft. home would
generate $5,149 in revenue for road construction. The sale of a $200,000 home, either
new or existing, would generate $2,000 in revenue. The $2,000 would be added to the
closing costs of a real estate transaction, which are currently $8,000 to $10,000 for a
$200,000 home (see attachment).
At present, this revenue source is not authorized by the State of Florida, however, Miami-
Dade County is currently authorized to levy a discretionary surtax on deeds and other
instruments relating to real property (doc stamps) at the rate of 45 cents per $100 of
value. Miami~Dade is the only county currently authorized to levy this surtax.
FISCAL IMPACT: The proposed Road Impact Fee rate increase would generate an
additional $19.8 million a year for a total annual revenue of $37.5 million, assuming
building permit activity remains about the same as today. Last year, a total of 22,883
parcels were sold in Collier County. The total value (sales price) of these transactions
was over $5.5 billion. Based on those figures, a 1% real estate transfer tax would
generate more than $55 million per year, which is considerably more than the anticipated
amount to be received annually after adoption of the proposed Road Impact Fee increase.
Alternatively, at 45 cents per $100 of value per transaction, a surtax on doc stamps like
that levied in Miami-Dade County would generate nearly $25 million annually in Collier
County.
IMPLEMENTATION: Implementation of either a new percentage-based real estate
transfer surtax or a surtax on doc stamps like that levied in Miami-Dade County would
require authorization by the State legislature.
TIMEFRAME: If this proposal were to be adopted by the legislature in the FY 03
legislative session (July 1, 2002 through June 30, 2003) the earliest possible
implementation would be in July 2004.
6.2.1
Typical Closing Costs for a $130,000 home.
Bank
Fees
Fee Cost
Loan Origination $ 1,280.00
Discount Points
Appraisal Fee $ 300.00
Credit Report $ 50.00
Underwriting Fee $ 200.00
Processing Fee $ 275.00
Document Prep Fee $ 250.00
Tax Service Fee $ 75.00
Flood Certification $ 10.00
Insurance
Prepaid Interest $ 345.00
Mortgage Insurance $ 1,890.00
Hazard Insurance $ 960.00
Escrows
iscrow Insurance
scrow Taxes
scrow Mortgage Ins.
Title
Company
Fees
$ 160.00
$ 112.00
$ 315.00
Recording
Fees
Closing Fee $ 225.00
Title Search $ 50.00
Title Examination $ 75.00
Title Insurance $ 750.00
Title Endorsements $ 100.00
Fees for other
Requirements
lDRecording Fees
oc Stamps
ntangible Tax
I!urvey
est Inspection
eptic Inspection
Total
$ 120.00
$ 256.00
$ 450.00
$ 300.00
$ 50.00
$ 285.00
$ 8,883.OO
Usually has Origination fee
or Discount Points of 1% of loan amount
15 days
1 year premium
I year premium
6.2.2
OFFICE OF THE CO UNTYATTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney ,~,~
September 11, 2002
Impact Fee Mitigation Suggestions- Real Estate Transfer Tax
Query:
Please review the Real Estate Transfer Tax as an alternative funding source in lieu of or
in addition to or in mitigation of impact fess for legal sufficiency and comment on what
would be needed to enact each (i. e. - Legislative Action, Referendum, Super-Majority
17otc, Majority ?otc, Ordinance Amendment, LDC/GMP Amendment...
Response:
A Real Estate Transfer Tax would require action by the Florida State Legislature. The
Florida State Legislature can only authorize such taxes. It has not yet authorized a Real
Estate Transfer Tax.
Cc~
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph Schmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Real Estate Tax
6.2.3
Public Suggestion:
RAISE MILLAGE RATE
Raise Millage Rate
Increase the County-wide Ad Valorem Millage Rate to Provide Funds
Infrastructure and Implement a Corresponding Reduction in Impact Fees
roi'
OBJECTIVE: To raise additional revenue for road construction while decreasing the emphasis
on impact fees (to take effect no earlier than October 1, 2003).
CONSIDERATIONS: Collier County has the lowest county-wide millage rate in the State of
Florida while at the stone time it is one of the fastest growing communities in the country.
Collier County charges far and away the highest impact fees in the state. The proposed Road
Impact Fee Increase, which would be more than double the current rates, would further widen
that gap. In Collier County, property taxes are a relatively underutilized resource for funding
growth-related infrastructure improvements.
FISCAL IMPACT: The proposed Road Impact Fee increase would generate an additional
$19.8 million a year for a total am~ual revenue of $37.5 million, if building permit activity
remains about the same as today. Considering the County's current taxable value, a one-half
mill increase in the tax rate would also generate about $19.8 million (about $33,000 per year less
than the proposed increase in Road Impact Fees). The taxpayer's cost would be an additional
$50 per $100,000 of taxable value. As a result, a one-half mill property tax increase, combined
with a Road Impact Fee adjustment back to the current rates plus about one-tenth (1/10) of the
proposed increase, would raise almost $2.1 million more per year for road construction than
enactment of the full Road Impact Fee increase alone. The total impact fees for a 2,000 sq. ft.
single-family home would increase $292 above the current level. The same total revenue figure
for road construction could be achieved by adopting a one-tenth (1/10) of one mill increase in
property taxes and then adjusting Road Impact Fees to slightly less than the proposed level.
A B C D (B + C) E F
Millage Additional Total Impact Total Road Property Total of
Increase Property Fees for E Construction Tax All
for Road Taxes P Road Q Revenue, Increase Impact
Construction for Road L Construction U Less Gas Per Fees
Construction U Per Year, A Taxes and $100,000 for a
Per Year S Less AVT L Bonds of 2,000
Credit S Taxable Sq Ft
No. Value SFH
1. Currently N/A + $17,713,800 = $17,713,800 N/A $12,054
2. 1.00 Mil1 $39,612,300 + $0 = $39,612,300 $100 $9,621
3. 0.50 Mills $19,806,100 + $19,806,200 = $39,612,300 $50 $12,346
4. 0.25 Mills $9,903,100 + $29,709,200 = $39,612,300 $25 $13,701
5. 0.10Mills $3,961,200 + $35,651,100 = $39,612,300 $10 $14,511
6. 0.00 Mills $0 + $37,553,300 = $37,553,300 $0 $14,770
IMPLEMENTATION: Implementation of this program would require a simple majority vote
of the Board of County Commissioners.
TIMEFRAME: This proposal could be adopted by the Board in the FY 04 budget cycle, and
could take effect October 1, 2003.
OFFICE OF THE CO UNTY.4TTORNEY
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Denny Baker, Business Manager for Community Development
Cormac Giblin, Housing Development Manager
Jacqueline Hubbard Robinson, Assistant County Attorney ~
September 11, 2002
Impact Fee Mitigation Suggestions- Raise Millage Rate
QueD':
Please review the Raising of Millage Rate as an alternative funding source in lieu of or in
addition to or in mitigation of impact fess for legal sufficiency and comment on what
would be needed to enact each (i.e. - l,egislative Action, Referendum, Super-Majority
l/'ote, Majority Vote, Ordinance Amendment, l,DC/GMP Amendment...
Response:
Advisory Legal Opinion- AGO 2001-04:
The Attorney General has opined that Chapter 129, Florida Statutes, establishes a budget
system for control of the fmance of Counties. The chapter imposes the responsibility to
prepare, approve, adopt, and execute, as prescribed in Chapter 129, an annual budget on
the board of county commissioners for such funds as may be required by law or by sound
financial practices and generally accepted accounting principles. This budget controls the
levy of taxes and the expenditure of money for all county purposes during the ensuing
fiscal year.
Chapter 200, Florida Statutes, prescribes the procedures for the adoption of a millage rate
for the levy of taxes by the county. Pursuant to section 200.001(1)(a), Florida Statutes,
the general county millage "shall be that nonvoted millage rate set by the governing body
of the county." The Board of County Commissioners must set the millage rate each year.
Chapter 200, Florida Statutes, entitled "Determination of Millage," imposes on the Board
of County Commissioners the responsibility to determine the amount to be raised for all
county purposes and the rates to be levied for each fund.
Florida courts consistently have struck down local provisions that seek to limit a county
commission's discretion in setting an annual budget and millage rate.
Advisory Legal Opinion- AGO 2001-04:
The Attorney General has opined that Chapter 129, Florida Statutes, establishes a budget
system for control of the finance of Counties. The chapter imposes the responsibility to
prepare, approve, adopt, and execute, as prescribed in Chapter 129, an annual budget on
the board of county commissioners for such funds as may be required by law or by smmd
financial practices and generally accepted accounting principles. This budget controls the
levy of taxes and the expenditure of money for all county purposes during the ensuing
fiscal year.
Chapter 200, Florida Statutes, prescribes the procedures for the adoption of a millage rate
for the levy of taxes by the county. Pursuant to section 200.001(1)(a), Florida Statutes,
the general county millage "shall be that nonvoted millage rate set by the governing body
of the county." The Board of County Commissioners must set the millage rate each year.
Chapter 200, Florida Statutes, entitled "Determination of Millage," imposes on the Board
of County Commissioners the responsibility to determine the amount to be raised for all
county purposes and the rates to be levied for each fund.
Florida courts consistently have struck down local provisions that seek to limit a county
commission's discretion in setting an annual budget and millage rate.
Cc:
David C. Weigel, County Attorney
Ramiro Mafialich, Chief Assistant County Attorney
James Mudd, County Manager
Norman Feder, Transportation Administrator
Joseph S chmitt, Administrator, Community Development
Donald Scott, Director of Transportation-Planning
H: Transportation RLS/Transportation Impact Fees/Raise Millage Rate
6.3.3