Agenda 01/23/2018 Item #16F101/23/2018
EXECUTIVE SUMMARY
Recommendation to approve an agreement between the Board of County Commissioners, the
Property Appraiser and the Tax Collector for services rendered in connection with the Immokalee
Impact Fee Installment Payment Pilot Program adopted by the Board on July 11, 2017, allowing
for impact fee installment payments by special assessments levied as non-ad valorem assessments
against the subject property.
OBJECTIVE: To approve an agreement between the Board, the Property Appraiser and the Tax
Collector to render services for special assessments levied as non -ad valorem assessments in connection
with the Immokalee Impact Fee Installment Payment Program.
CONSIDERATIONS: On July 11, 2017, the Board adopted Ordinance #2017 -34 which established an
Impact Fee Installment Payment Pilot Program for the Immokalee Community Redevelopment Area.
The ordinance provides that as an alternative to paying impact fees in full as a prerequisite to the
issuance of a Certificate of Occupancy, a feepayer may pay their impact fees in installments rather than
a lump sum by entering into an impact fee installment payment program agreement with Collier County
which provides that the installment payments shall be by special assessment levied as non -ad valorem
assessments against the subject property.
On October 10, 2017, the Board approved an administrative fee to be paid by program applicants for
reimbursement of actual costs to the County for services rendered by the Property Appraiser and the Tax
Collector, that all fees will be reassessed after the pilot period to confirm they represent the actual costs
incurred, and that staff would work with the County Attorney, the Property Appraiser, and the Tax
Collector to put together an agreement with these Constitutional Officers as part of the implementation of
the program.
In the spirit of cooperation and nature of a pilot program, Mr. Ray and Mr. Skinner have agreed to collect
a flat fee of $5 for each non-ad valorem assessment collected through the Uniform Collection Method
(Annual Tax Notice) for the Collier County Impact Fee Installment Payment Pilot Program. Both the Tax
Collector and the Property Appraiser wish to readdress the fee at the end of the initial pilot period should
the BOCC elect to continue or expand the program.
FISCAL IMPACT: There are no fiscal impacts related to this item. Fees for services provided to the
County by the Property Appraiser and the Tax Collector will be reimbursed to the County by program
applicants.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the
Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate
cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of
impact fees. The pilot program provides for the payment of impact fees in installments.
Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to
the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes,
prices, and rents” and Objective 3 of the Economic Element states: “Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base.”
The intent of the pilot program is to determine whether allowing the payment of impact fees by an
installment program, as a voluntary alternative to paying the fees in a single, up-front payment, will have
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01/23/2018
a positive effect on both the costs of housing and economic growth, and is consistent with the goals and
objectives of the Economic Element of the GMP as listed above.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve an agreement between the Board, the Property Appraiser and the
Tax Collector to render services for special assessments levi ed as non-ad valorem assessments in
connection with the Immokalee Impact Fee Installment Payment Program.
Prepared by: Paula Fleishman, Senior Operations Analyst
Capital Project Planning, Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1. Impact Fee Installment Payment Ex Sum BCC10-10-17 FINAL (PDF)
2. Property Appraiser and Tax Collector Agreement_001 (PDF)
3. Ordinance 2017-34 Installment Payments (PDF)
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01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 4367
Item Summary: Recommendation to approve an agreement between the Board, the Property
Appraiser and the Tax Collector for services rendered in connection with the Immokalee Impact Fee
Installment Payment Pilot Program adopted by the Board on July 11, 2017, allowing for impact fee
installment payments by special assessments levied as non-ad valorem assessments against the subject
property.
Meeting Date: 01/23/2018
Prepared by:
Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
12/11/2017 10:19 AM
Submitted by:
Title: Operations Coordinator – Office of Management and Budget
Name: Valerie Fleming
12/11/2017 10:19 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/11/2017 2:35 PM
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 12/11/2017 4:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/14/2017 9:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/04/2018 1:37 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:32 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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10/10/2017
EXECUTIVE SUMMARY
Recommendation to approve the form of agreement between the Board and applicants
participating in the Immokalee Impact Fee Installment Payment Pilot Program (Program) adopted
by the Board on July 11, 2017, allowing for payment of impact fees by an installm ent program, and
to establish an interest rate, term length and administrative fees for the Program.
OBJECTIVE: To approve the form of agreement between the Board and applicants participating in the
Program, and to establish an interest rate, term length and administrative fees.
CONSIDERATIONS: On July 11, 2017, the Board adopted Ordinance #2017 -34 which established an
Impact Fee Installment Payment Pilot Program for the Immokalee Community Redevelopment Area.
The ordinance provides that as an alternative to paying impact fees in full as a prerequisite to the
issuance of a Certificate of Occupancy, a feepayer may pay their impact fees in installments rather than
a lump sum by entering into an impact fee installment payment program agreement with Colli er County
which provides that the installment payments shall be by special assessment levied as non -ad valorem
assessments against the subject property.
The implementation plan included the following items to be completed in advance of the delayed
effective date of October 1, 2017.
(1) Identify interim staffing needs and begin process to hire temporary employee(s):
A job bank employee will be hired from budget available in Impact Fee Fund 107 until the
staffing needs of the program are fully understood, at which time the process of securing a full-
time position will begin if deemed necessary.
(2) Meet with governmental stakeholders, including the Immokalee Fire District, District School
Board of Collier County, Collier County Tax Collector and Collier County Property Appraiser
and Collier County Clerk of the Circuit Courts (Finance group) to determine interest in
participation and program parameters:
Staff, along with Commission McDaniel, met with representatives of the Immokalee Fire District
on August 16th. Chief Choate agreed to present an item to the Immokalee Board of Fire
Commissioners for determination of their participation in the Program.
On August 8, 2017, the District School Board voted unanimously to fully participate in whatever
the County decides to do as it relates to the Immokalee Impact Fee Installment Program.
Staff contacted the appropriate staff in the Tax Collector and the Property Appraiser’s offices
and will continue to work with them to complete agreements for service s rendered in connection
with the Program.
Staff contacted the appropriate staff in the Clerk’s office and received approval of the proposed
process to track and maintain information as it relates to the repayment of the impact fee funds.
(3) Contact a test group of banks, lending institutions and/or financial groups to identify any
programmatic limitations or challenges.
Staff has been in contact with senior lenders at three local banks. The main issue of concern is
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10/10/2017
that a loan would be subordinate to the special assessment for the impact fees. It may be
helpful, however, that the impact fees wouldn’t have to be paid in full at sale, and the property
could possibly be sold with the assessment remaining in place.
(4) Initialize Standard Form Agreement preparation and interlocal agreement updates (as needed),
including program applications, lien instruments, affidavits for Certificate of Adequate Public
Facilities Program and Agreements with Property Appraiser and Tax Collector.
Forms of agreements are included in this agenda item for Board approval for program
applicants. The Immokalee Fire District will provide the County with an approved Resolution if
they agree to participate in the Program. Staff and the County Attorney are in the process of
preparing an affidavit for issuance of a Certificate of Adequate Public Facilities.
(5) Fast Track any needed approvals from governmental stakeholders.
All required approvals are in process or complete.
(6) The following items will be finalized prior to implementation:
Program Interest Rate
Term (specified length)
Administrative Fees, including Property Appraiser and Tax Collector
Recording Fees
Staff recommends a term of 20 years with an indexed interest rate. Interest rate shall mean the
LIBOR Rate (or its replacement) plus two hundred (200) basis points (2.00%), which rate shall
be adjusted annually on January 1st for new applicants. Using the current LIBOR 1-year rate of
1.74%, the interest rate for 2017 will be 3.74%.
Staff recommends a $500 application fee for a single-family home application and a $1000
application fee for a multi-family or commercial building application for staff time which
includes the following:
Confirmation of ownership.
Confirmation that taxes are current on all properties in Collier County owned by
applicant.
Confirmation that the owner is not in bankruptcy and that the subject property is not in
foreclosure.
Preparation, processing and recording of the agreement between the County and the
applicant.
Creating and maintaining applicant accounts for annual repayment to impact fee funds
for the length of term.
Providing data annually to Property Appraiser and Tax Collector for non ad-valorem
assessments for the length of the term.
Coordination with closing agents for payoffs, lien releases, or assumptions as each
property is sold.
Staff recommends an additional administrative fee for reimbursement of actual costs to the
County for services rendered by the Property Appraiser and the Tax Collector. All fee s will be
reassessed after the pilot period to confirm they represent the actual costs incurred.
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10/10/2017
To prevent unintended consequences, the Board will annually review this Pilot Program, and staff will
regularly prepare updated reports that any Commissioner can review. If this item is approved by the
Board, staff will work with the County Attorney, the Property Appraiser, and the Tax Collector to put
together standard form agreements with these Constitutional Officers as part of the implementation of
the program. No issues are expected in drafting acceptable agreements.
FISCAL IMPACT: Fiscal impacts, both positive and negative, are presently unknown; however, as
provided above, the pilot program will be tracked, including annual reports to the Board.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the
Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate
cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of
impact fees. The pilot program provides for the payment of impact fees in installments.
Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to
the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes,
prices, and rents” and Objective 3 of the Economic Element states: “Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base.”
The intent of the pilot program is to determine whether allowing the payment of impact fees by an
installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have
a positive effect on both the costs of housing and economic growth, and is consistent with the goals and
objectives of the Economic Element of the GMP as listed above.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve the form of agreement between the Board and applicants
participating in the Program, to establish an interest rate for calendar year 2017 of 3.74% using the
current LIBOR 1-year rate of 1.74%, plus two hundred (200) basis points (2.00%), which rate shall be
indexed annually on January 1st for new applicants, a term length of twenty (20) years, a $500 application
fee for a single-family home application and a $1000 application fee for a multi -family or commercial
building application, and an administrative fee for reimbursement of actual charges to the County for
services rendered by the Property Appraiser and the Tax Collector.
Prepared by: Paula Fleishman, Senior Operations Analyst
Capital Project Planning, Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1. Ordinance 2017-34 Installment Payments (PDF)
2. Impact Fee Installment Payment Agreement (DOCX)
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Packet Pg. 448 Attachment: Impact Fee Installment Payment Ex Sum BCC10-10-17 FINAL (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number:
Doc ID: 3810
Item Summary: Recommendation to approve the form of agreement between the Board and
applicants participating in the Immokalee Impact Fee Installment Payment Pilot Program (Program)
adopted by the Board on July 11, 2017, allowing for payment of impact fees by an installment program,
and to establish an interest rate, term length and administrative fees for the Program.
Meeting Date: 10/10/2017
Prepared by:
Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
09/27/2017 2:51 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
09/27/2017 2:51 PM
Approved By:
Review:
Growth Management Department Paula Fleishman Additional Reviewer Skipped 09/27/2017 2:39 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 09/28/2017 10:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2017 1:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 4:00 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2017 8:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2017 1:36 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
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Packet Pg. 449 Attachment: Impact Fee Installment Payment Ex Sum BCC10-10-17 FINAL (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
AGREEMENT BY AND BETWEEN THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS, THE PROPERTY APPRAISER AND
THE TAX COLLECTOR WITH RESPECT TO REIMBURSEMENT FOR
SERVICES RENDERED IN CONNECTION WITH THE COLLIER
COUNTY IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM
This Agreement (hereinafter the "Agreement") made and entered into this _ day of
, 20_. by and between Collier County, a political subdivision of the State
of Florida, through the Board of County Commissioners, hereinafter referred to as "County,"
and Abe Skinner in his capacity as the Collier County Property Appraiser ("Property
Appraiser"), and Larry H. Ray in his capacity as the Collier County Tax Collector ("Tax
Collector"), collectively stated as the "Parties."
RECITALS:
WHEREAS, on July 11, 2017, the Collier County Board of County Commissioner
adopted Ordinance 2017-34, which established an Impact Fee Installment Payment Pilot
Program for the Immokalee Community Redevelopment Area (hereinafter ref'erred to as the
"Program"); and
WHEREAS, the Program provides that as an altemative to paying impact fees in full as
a prerequisite to the issuance of a Certificate of Occupancy or Certificate of Completion for
the Development, a feepayer may exercise the privilege of paying impact fees in installments
rather than in a lump sum at the time of issuance of the certificate of occupancy by entering
into an impact fee installment payment program agreement with Collier County; and
WHEREAS, the Program provides that the installment payments shall be by special
assessments levied as non-ad valorem assessments against the subject property pursuant to the
Uniform Assessment Collection Act. set forth in Florida Statutes sections 197.3632 and
197.3635, as amended.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
I . Recitals Incomorated. The Parties acknowledge that the foregoing Recitals are true and
correct and are hereby incorporated by reference herein.
1
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2. Puroose. The purpose of this Agreement is for the County, the Tax Collector and the
Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant
to Section 197 .3632, Florida Statutes, in order to implement the Uniform Method for the notice,
levy, collection. and enforcement of non-ad valorem assessments in order to effectuate the
Impact Fee Installment Payment Pilot Program established by Ordinance No.20l7-34 and
implemented through Board approved Impact Fee lnstallment Payment Pilot Program
Agreements; and to provide for reimbursement by the Board of County Commissioners to the
Tar Collector and the Property Appraiser for all actual costs incuned by them in such activity.
3. Term. The term of this Agreement shall commence effective on January l, 2018, and
shall run for a two year period through the end of calendar year 2020 but may be extended
thereafter, at the discretion of the parties. if necessary, for any administrative purposes
including but not limited to providing final payment/reimbursement to the parties. The County
shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by
January l0 in any calendar year if the County intends to discontinue using the Uniform Method
of collecting the non-ad valorem assessments refened to in this Agreement.
4. Findings, Recitals and Acknowledgments. It is hereb y agreed by the parties that:
(A) The County, pursuant to the Impact Fee Installment Payment Pilot Program established
by Ordinance No. 2017-34 and implemented through Board approved Impact Fee
Installment Payment Pilot Program Agreements, is authorized to impose non-ad
valorem assessments and has expressed its intent to use the uniform method of levy,
collection and enforcement of non-ad valorem assessments as provided in Section
197 .3632. Florida Statutes, under which assessments are included on an assessment roll
and certified, in a compatible electronic medium tied to the property identification
number, by the County to the Tax Collector for merging with the ad valorem tax roll,
for collection by utilizing the tax notice provisions described in Section 197.3635,
Florida Statutes, and for sale of tax certificates and tax deeds under the nonpayment
provisions ofthe ad valorem tax laws (the "Uniform Method");
2
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(B) The Uniform Method, with its enforcement provisions, including the use of tax sale
certificates and tax deeds to collect delinquent annual payments, is less expensive and
more equitable to the delinquent landowner than the traditional lien loreclosure
methodology;
(C) The Uniform Method will provide for more eflicient collection by virtue of the
assessment being on the tax notice issued by the Tax Collector and will produce
positive economic benefits to the affected landowners, who have requested this
assessment:
(D) The Uniform Method will promote local govemment accountability; and
(E) This Agreement is intended to conform to the requirement of Section 197.3632. Florida
Statutes, that the County, the Tax Collector and the Property Appraiser enter into a
written agreement providing for reimbursement of administrative and actual costs
incurred as a result of the use ol the Uniform Method: such administrative and actual
costs include, but are not limited to those costs associated with personnel, forms,
supplies, data processing, computer equipment, postage and programming.
5. Duties and Responsibilities ofthe Countv. The Countl,agrees to:
(A) Reimburse the Property Appraiser in the sum of $5.00 for each property assessed, not
later than thirty (30) days after receipt of invoice(s) for such payment(s);
(B) Reimburse the Tax Collector in the sum of $5.00 for each property assessed, to be
withheld from the distribution(s) of collected assessments;
(C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices
required.
3
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Packet Pg. 452 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
(D) Cooperate with the Tax Collector and the Property Appraiser to implement the Uniform
Method of notice. levy, collection and enforcement of the subject non-ad valorem
assessment roll, pursuant to. and consistent with, all the provisions of Chapter 197,
specifically Sections 197.3632 and 197.3635. Florida Statutes, as amended.
(A) Prepare a collection roll and prepare a combined notice for both the ad valorem and
non-ad valorem assessments in accordance with Chapter 197, and applicable rules
promulgated by the Department of Revenue and in accordance with any specific
ordinances and resolutions adopted by the County, so long as said ordinances and
resolutions shall themselves not be inconsistent with or contrary to the provisions of
Chapter 197, including Section 197.3632 and Section 197.3635, Florida Statutes;
(B) Collect the non-ad valorem assessments ofthe County as certified to the Ta,r Collector
no later than September l5th ofeach calendar year; provided such roll is on compatible
electronic medium tied to the property identification number for each parcel and in the
format used by the Property Appraiser for the non-ad valorem roll submitted to the
Department ofRevenue and such roll is liee of errors and omissions;
(C) Cooperate with the County and the Property Appraiser to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non-ad valorem
assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197,
specifically Sections 197.3632 and 197 .3635, Florida Statutes , as amended;
4
6. Duties and Responsibilities of the Prooerty Appraiser. The Property Appraiser shall
cooperate with the County and the Tar Collector to implement the Uniform Method of notice,
levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to,
and consistent with, all the provisions of Chapter 197, specifically, Sections [97.3632 and
197.3635, Florida Statutes, as amended.
7. Dutics and Resoonsibilities of thc Tax Collector. The Tax Collector shall:
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Packet Pg. 453 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
(D) Upon determining errors or omissions on any roll, request the County to file a corrected
roll or the correction ofthe amount ofany assessment by filing with the Tax Collector a
certificate of correction. with a copy to the Property Appraiser and the Department of
Revenue, pursuant to applicable rules provided by the Department of Revenue; and
(E) Upon determining that a separate mailing is required pursuant to Subsection
197.3632(7). Florida Statutes, mail, or require the County to mail, a separate notice of
the particular non-ad valorem assessment.
8. Comoliance with Laws and Regulations. The parties shall abide by all statutes, rules
and regulations pertaining to the levy and collection of non-ad valorem assessments, and any
ordinance promulgated by the County, not inconsistent with nor contrary to. the provisions of
Section 197.3632 and Section 197.3635, Florida Statutes, as amended, and any applicable rules
duly promulgated by the Department of Revenue.
IN WITNESS WHEREOF, the County, the Tax Collector and the Property Appraiser have
executed and delivered this Agreement as the date first above written.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
5
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Packet Pg. 454 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
BOARD OF COLNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
. CHAIRMAN
6
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Packet Pg. 455 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
WITNESSES:COLLIER COUNTY PROPERTY APPRAISER
By:
Abe Skinner//
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STATE OF FLORIDA
COUNTY OF COLLIER
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).The foregoing instrument was acknowledged before me this 5Nday of (-
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Print, Type, or Stamp
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PATRICIA A, HISLER
Commission # FF 216553
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Packet Pg. 456 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
WITNESSES:
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COLLIE o TAX COLLECTOR
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me this I day of lece by
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STATE OF FLORIDA
COUNTY OF COLLIER
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Packet Pg. 457 Attachment: Property Appraiser and Tax Collector Agreement_001 (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan
ORDINANCE NO.2017- 3 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING AN IMPACT FEE
INSTALLMENT PAYMENT PILOT PROGRAM FOR THE
IMMOKALEE COMMUNITY DEVELOPMENT AREA; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE OF OCTOBER 1, 2017.
WHEREAS, the costs of housing within Collier County, and especially affordable housing,
continues to be an area of great concern to the Board of County Commissioners; and
WHEREAS, enhancing and expanding economic activity within Collier County is also a matter
of great concern to the Board of County Commissioners; and
WHEREAS, Collier County has some of the highest impact fees within the State of Florida; and
WHEREAS, the Board of County Commissioners is concerned that these impact fees may be
negatively impacting both the costs of housing and inhibiting economic activity within Collier County;
and
WHEREAS the Board of County Commissioners would like to do a pilot program to ascertain
whether allowing the payment of impact fees by an installment program, as a voluntary alternative to
paying the fees in a single, up-front payment, will have a positive effect on both the costs of housing and
economic growth; and
WHEREAS, to ensure payment, the Board of County Commissioners believes that payment of
impact fees by installments should be an obligation that runs with the land meaning that as owners of the
property change, the obligation will continue. In this manner, everyone who owns the property that is
being benefitted by the improvements made by the impact fees will share in the cost of the impact fees;
and
WHEREAS, to prevent unintended consequences, the Board will annually review this Pilot
Program, with staff preparing regular updated reports that any Commissioner can review; and
WHEREAS, the Board of County Commissioners believes that (1) the area comprising what is
known as the Immokalee CRA is an ideal area to test this pilot program; (2) the program will foster the
Community Redevelopment Plan for that area;and(3)the program will reduce blight in that area.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: A new Article II, subsection(h) in Section 74-201 of Collier County Ordinance No.
2001-13, as amended, is hereby created to read as follows:
h) Impact Fee Installment Payment Pilot Program.
1) The purpose of this Program is to establish an impact fee installment payment pilot
program which is intended to provide the Board of County Commissioners of Collier County,
1 of 4
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Packet Pg. 458 Attachment: Ordinance 2017-34 Installment Payments (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan Agreement)
Florida, with the opportunity to study whether the payment changes set forth below result in
lower initial costs in housing and greater economic development.
2) As an alternative to paying impact fees in full as a prerequisite to the issuance of a
certificate of occupancy or certificate of completion for the development, a feepayer may
exercise the privilege of paying impact fees in installments rather than in a lump sum at the
time of issuance of the certificate of occupancy by entering into an impact fee installment
payment program agreement with Collier County (hereinafter the "agreement") required in
this section. The county administrator or designee is hereby authorized to prepare and
execute the agreement on behalf of the County.
3) Pursuant to Section 74-302 (h) of the Collier County Code of Laws and Ordinances, a
certificate of public facility adequacy (COA) shall be issued concurrent with the approval of
the next to occur final local development order. In order to obtain a certificate of adequate
public facilities concurrently with the issuance of the final site development plan or plat, the
feepayer and owner (if different than the feepayer) shall first enter into an approved impact
fee installment payment program agreement with Collier County or provide a notarized
affidavit to the county administrator or designee that they intend to participate in the
program which must include the following:
a) Name of project, legal description and number assigned by Collier County to the
development order;
b)Name of feepayer and owner;
c) Statement of intent that the owner is current on property taxes on the subject property
and any other real property owned in Collier County, is not in bankruptcy, and that the
subject property is not in foreclosure."
4) The form of the agreement shall be approved by the Board, and the agreement shall at a
minimum provide:
a) An acknowledgement by the feepayer that the subject property is specially benefited
by the improvements to the property and the installment payments shall be special
assessments levied as non-ad valorem assessments against the subject property pursuant
to the Uniform Assessment Collection Act. For the purposes of this section, the term
Uniform Assessment Collection Act" shall mean F.S. sections 197.3632 and 197.3635,
as amended.
b) The term of the agreement and the interest rate to be charged, which terms shall be
set by the Board of County Commissioners. In the event a feepayer enters into the
agreement after the deadline to place the assessment on the feepayer's upcoming tax bill
for that year, the assessment will be placed on the feepaver's tax bill for the following
year but shall accrue interest from the effective date of the agreement.
c) Such other terms as deemed appropriate by the County Attorney.
5) Each agreement shall be a covenant that runs with the land and shall be recorded as a
lien by county in the public records of Collier County, Florida, at the expense of the
feepayer and shall be signed and notarized by the feepayer and owner (if different than the
feepayer).
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6) Any person seeking an agreement shall file with the county manager an application and
the agreement shall be fully executed and recorded prior to issuance of a temporary or final
certificate of occupancy or payment of impact fees.
7) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed hereunder shall
have the right to pay the outstanding and unpaid balance(s) owed without a prepayment
penalty.
8) Pursuant to the Uniform Assessment Collection Act,non ad-valorem assessments levied
pursuant to this section shall remain liens, coequal with the lien of all state, county, district
and municipal taxes, superior in dignity to all other liens,titles and claims, until paid.
9) For purposes of this subsection the following conditions shall apply:
a) A feepayer must be the legal owner of the property, or designated agent of the
owner, and shall provide written and notarized proof of authorization from the owner
when requesting to pay impact fees under this subsection; and
b) The feepayer and/or owner must be current on property taxes on the subject property
and any other real property owned in Collier County by feepayer and/or owner; and
c) The feepayer and/or owner cannot be in bankruptcy nor can the property be an asset
in any bankruptcy proceeding; and
d) The subject property cannot be in foreclosure and cannot have any federal income
tax lien,judgment lien or similar liens encumbering the property.
10)As an alternative method to the repayment of impact fees by special assessments under
this section, the county administrator or designee may elect to lien the feepayer's property
to secure repayment of impact fees paid under this section and is authorized to take any
necessary action, including the development of any rules, procedures, agreements and
forms to effectuate this method, at the same term and interest rate as set by the Board of
County Commissioners.
11) To prevent unintended consequence, the Board will annually review this Pilot
Program, with staff preparing regular updated reports that any Commissioner can review.
12) Prior to the third anniversary of this ordinance, the County Manager shall prepare and
present a report to the Board of County Commissioners detailing what effect, if any, this
program has had on housing costs and economic development, with a recommendation to
the Board of County Commissioners on whether to amend, expand, or discontinue this pilot
program.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
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Packet Pg. 460 Attachment: Ordinance 2017-34 Installment Payments (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan Agreement)
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective October 1, 2017.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this 1,\..\--\-\ day of v\ , 2017.
ATTEST: ti BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCIc,Clerk COLLIE' 40V Y, FLORIDA
I"I/q-By.
4 °- { t Clerk Penny Taylo i AIRWO •
Attest a 6 i
slgnatu .
Approves ;'-.' it and legality:
4411
Jeffrey A. ',:1tow, County Attorney
f
i
This ordinonc f !--1 wirh the
Seez tory of . •r::' i`:i-e the
2 fay of d_O I I--
cnd acknowledgement o that
fill' r cejved this 13 day
of a-o 1—47
By Q..,_ Q`
Deputy Clerk
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Packet Pg. 461 Attachment: Ordinance 2017-34 Installment Payments (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan Agreement)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-34, which was filed in this office on July 13, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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Packet Pg. 462 Attachment: Ordinance 2017-34 Installment Payments (4367 : Property Appraiser-Tax Collector Impact Fee Installment Plan Agreement)