Agenda 06/25/2019 Item #16F 2 (Suspend Chaper 74 of Collier County Code of Laws & Ords/chapter 10)06/25/2019
EXECUTIVE SUMMARY
Recommendation to direct the County Manager and the County Attorney to suspend all
provisions of Chapter 74 of the Collier County Code of Laws and Ordinances and Chapter 10
of the Collier County Land Development Code, pertaining to any payment of Impact Fees,
which are in conflict with CS/HB 207, which specifies that impact fees may not be required to
be collected any sooner than issuance of a building permit; the suspension will remain in effect
until such time that the Collier County Code of Laws and Ordinance and the Collier County
Land Development Code are amended to comply with the new requirements.
OBJECTIVE: To obtain direction by the Board of County Commissioners (Board) to suspend
applicable provisions of the Collier County Code of Laws and Ordinances (Code) and the Collier
County Land Development Code (LDC) to comply with legislation that specifies that impact fees
may not be required to be collected any sooner than issuance of a building permit, until such time
that the Code and LDC are amended.
CONSIDERATIONS: During the regular Florida Legislative Session, the Florida Senate and the
Florida House of Representatives passed House Bill 207 relating to impact fees. The most
significant impact of the legislation on Collier County is new language being added to Section
163.31801, Florida Statutes, which provides:
(3)(e) The local government may not require payment of the impact fee before the issuance of the
building permit for the property that is subject to the fee.
Currently, in order to obtain a Certificate of Adequate Public Facilities (COA) for Transportation
Concurrency, and move forward with development, 33% of the estimated Road Impact Fees for the
proposed construction are required to be paid before the issuance of the Final Local Development
Order (Site Plan, Plat, etc,). The balance of the Road Impact Fees and other applicable Collier
County Impact Fees are paid prior to Certificate of Occupancy (CO). (Note: Independent Fire
District Impact Fees as collected prior to issuance of building permit per the approved Interlocal
Agreements).
On June 18, 2019, the Governor signed CS/HB 207, which will become law on July 1, 2019, and
Collier County will be required to change the timing of payment to meet the new statutory
provisions. Therefore, all impact fees will be paid prior to CO, with the exception of Independent
Fire. Applicants may still voluntarily pay impact fees at an earlier point in time by way of
negotiated Developer Agreements or other similar instruments.
Several amendments to Chapter 74 of the Code and Chapter 10 of the LDC will be required to
implement these statutory requirements. The suspension of the Code and LDC provisions will
remain in effect until all required updates are adopted.
FISCAL IMPACT: Approximately 20% of annual Road Impact Fee collections are attributable to
upfront payments. In FY 2018, that amount totaled approximately $5.9 million, countywide. This
legislative change does not affect the final amount to be collected, but does modify the timing of
payment, and therefore the County’s ability to deliver capital projects in advance of or concurrent
with the demand being created by new development.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the
construction and/or expansion of the County’s capital infrastructure, as necessary to accommodate
16.F.2
Packet Pg. 2455
06/25/2019
growth. Consistent with Objective 2 of the Capital Improvement Element (CIE) of the Collier
County Growth Management Plan (GMP), development is required to contribute its fair share of the
costs of providing public facilities necessitated by new development. While this legislation will
have an impact on the County’s timing of capital construction, due to the delay in the collection of
funds, the new statutory language preempts local ordinances, and the County is required to follow
the new regulations.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
as to form and legality, and requires majority vote for approval. Should this l egislation be
implemented, the County Attorney, working with staff, will advertise and bring to the Board an
Ordinance which strikes out the conflicting language. Since elimination of the conflicting provisions
are essentially both mandatory and ministerial, there is no need to take it through the normal LDC
hearing process. -JAK
RECOMMENDATION: To direct the County Manager and the County Attorney to suspend all
provisions of Chapter 74 of the Collier County Code of Laws and Ordinances and Chapter 10 of the
Collier County Land Development Code, pertaining to any payment of Impact Fees in conflict with
CS/HB 207, which specifies that impact fees may not be required to be collected any sooner than
issuance of a building permit; the suspension will remain i n effect until such time that the Collier
County Code of Laws and Ordinance and the Collier County Land Development Code are amended
to comply with the new requirements.
Prepared by: Amy Patterson, Director, Capital Project Planning, Impact Fees and Program
Management
ATTACHMENT(S)
1. HB 207ER (PDF)
16.F.2
Packet Pg. 2456
06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doc ID: 9380
Item Summary: Recommendation to direct the County Manager and the County Attorney to
suspend all provisions of Chapter 74 of the Collier County Code of Laws and Ordinances and Chapter 10
of the Collier County Land Development Code, pertaining to any payment of Impact Fees, which are in
conflict with CS/HB 207, which specifies that impact fees may not be required to be collected any s ooner
than issuance of a building permit; the suspension will remain in effect until such time that the Collier
County Code of Laws and Ordinance and the Collier County Land Development Code are amended to
comply with the new requirements.
Meeting Date: 06/25/2019
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
06/18/2019 12:27 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
06/18/2019 12:27 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/18/2019 1:31 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/18/2019 1:37 PM
Growth Management Department Gino Santabarbara Deputy Department Head Review Skipped 06/18/2019 12:27 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/18/2019 3:32 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/18/2019 3:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/18/2019 4:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/19/2019 12:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
16.F.2
Packet Pg. 2457
ENROLLED
CS/HB 207 2019 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0207-02-er
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to impact fees; amending s. 163.31801, 2
F.S.; revising the minimum requirements for the 3
adoption of impact fees by specified local 4
governments; exempting water and sewer connection fees 5
from the Florida Impact Fee Act; providing an 6
effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Section 163.31801, Florida Statutes, is amended 11
to read: 12
163.31801 Impact fees; short title; intent; minimum 13
requirements; audits; challenges definitions; ordinances levying 14
impact fees.— 15
(1) This section may be cited as the "Florida Impact Fee 16
Act." 17
(2) The Legislature finds that impact fees are an 18
important source of revenue for a local government to use in 19
funding the infrastructure necessitated by new growth. The 20
Legislature further finds that impact fees are an outgrowth of 21
the home rule power of a local government to provide certain 22
services within its jurisdiction. Due to the growth of impact 23
fee collections and local governments' reliance on impact fees, 24
it is the intent of the Legislature to ensure that, when a 25
16.F.2.a
Packet Pg. 2458 Attachment: HB 207ER (9380 : Impact Fee Legislative Adjustments)
ENROLLED
CS/HB 207 2019 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0207-02-er
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
county or municipality adopts an impact fee by ordinance or a 26
special district adopts an impact fee by resolution, the 27
governing authority complies with this section. 28
(3) At a minimum, an impact fee adopted by ordinance of a 29
county or municipality or by resolution of a special district 30
must satisfy all of the following conditions, at minimum: 31
(a) The local government must calculate Require that the 32
calculation of the impact fee be based on the most recent and 33
localized data. 34
(b) The local government must provide for accounting and 35
reporting of impact fee collections and expenditures. If a local 36
governmental entity imposes an impact fee to address its 37
infrastructure needs, the entity must shall account for the 38
revenues and expenditures of such impact fee in a separate 39
accounting fund. 40
(c) The local government must limit administrative charges 41
for the collection of impact fees to actual costs. 42
(d) The local government must provide Require that notice 43
be provided no less than 90 days before the effective date of an 44
ordinance or resolution imposing a new or increased impact fee. 45
A county or municipality is not required to wait 90 days to 46
decrease, suspend, or eliminate an impact fee. 47
(e) The local government may not require payment of the 48
impact fee before the date of issuance of the building permit 49
for the property that is subject to the fee. 50
16.F.2.a
Packet Pg. 2459 Attachment: HB 207ER (9380 : Impact Fee Legislative Adjustments)
ENROLLED
CS/HB 207 2019 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0207-02-er
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) The impact fee must be reasonably connected to, or 51
have a rational nexus with, the need for additional capital 52
facilities and the increased impact generated by the new 53
residential or commercial construction. 54
(g) The impact fee must be reasonably connected to, or 55
have a rational nexus with, the expenditures of the revenues 56
generated and the benefits accruing to the new residential or 57
commercial construction. 58
(h) The local government must specifically earmark 59
revenues generated by the impact fee to acquire, construct, or 60
improve capital facilities to benefit new users. 61
(i) The local government may not use revenues generated by 62
the impact fee to pay existing debt or for previously approved 63
projects unless the expenditure is reasonably connected to, or 64
has a rational nexus with, the increased impact generated by the 65
new residential or commercial construction. 66
(4) Audits of financial statements of local governmental 67
entities and district school boards which are performed by a 68
certified public accountant pursuant to s. 218.39 and submitted 69
to the Auditor General must include an affidavit signed by the 70
chief financial officer of the local governmental entity or 71
district school board stating that the local governmental entity 72
or district school board has complied with this section. 73
(5) In any action challenging an impact fee, the 74
government has the burden of proving by a preponderance of the 75
16.F.2.a
Packet Pg. 2460 Attachment: HB 207ER (9380 : Impact Fee Legislative Adjustments)
ENROLLED
CS/HB 207 2019 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0207-02-er
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
evidence that the imposition or amount of the fee meets the 76
requirements of state legal precedent or this section. The court 77
may not use a deferential standard. 78
(6) This section does not apply to water and sewer 79
connection fees. 80
Section 2. This act shall take effect July 1, 2019. 81
16.F.2.a
Packet Pg. 2461 Attachment: HB 207ER (9380 : Impact Fee Legislative Adjustments)