Resolution 20-029 (NCFCRD Impact Fee Rates) n
RESOLUTION 20-029
A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF
COLLIER COUNTY, FLORIDA, IMPOSING IMPACT FEE RATES FOR THE NORTH COLLIER
FIRE CONTROL AND RESCUE DISTRICT FOR FISCAL YEAR 2020-2021; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, impact fees are a funding mechanism that a local government may utilize to
pay for public improvements that are necessary to serve new growth; and
WHEREAS, impact fees must satisfy a dual rational nexus test to be constitutional; and
WHEREAS,the dual rational nexus test requires a local government to show a
reasonable nexus between the local government's need for additional capital facilities
and the new construction and that a special benefit is conferred upon the fee payers;
and
WHEREAS, Subsection 8 of section 6 of the North Collier Fire Control and Rescue
District's Charter within section 3 of chapter 2015-191, Laws of Florida, authorizes the
North Collier Fire Control and Rescue District to assess impact fees for capital
improvements on new construction within its boundaries; and
WHEREAS, Resolution 20-022 established new impact fee rates that are effective January
1, 2021, which were based upon the most recent and localized data, as evidenced by the
Impact Fee Indexing Study Final Report dated August 24, 2020, and
WHEREAS,the accounting of the impact fee revenues and expenditures are provided for
and reported in a separate and segregated special revenue fund entitled Impact Fee Fund;
and
WHEREAS, Collier County collects the impact fees for the North Collier Fire Control and
Rescue District and charges an administrative fee to cover Collier County's actual costs of
such collection, pursuant to interlocal agreements dated September 25, 1990 and
December 13, 2005; and
Resolution 20-029
September 24,2020
Page 2 of 4
WHEREAS,to promote efficiency with Collier County in its collection of the North Collier
Fire Control and Rescue District's impact fees,this resolution includes impact fee land
use categories that are consistent with Collier County's impact fee land use categories
as well other collection procedures; and
WHEREAS, Section 163.31801, Florida Statutes (2019), requires that notice be provided
no less than ninety(90) days before the resolution may take effect since it is imposing
an increased impact fee, and upon approval of this resolution and at least 90 days prior
to January 1, 2021, District staff shall ensure publication of notice as required by Florida
law; and
WHEREAS, in order to ensure adequate time for publication of notice as required by
Florida law at least 90 days prior to January 1, 2021,the impact fees adopted and
imposed by the Board of Fire Commissioners of the North Collier Fire Control and
Rescue District in Resolution 19-004 will remain in effect until December 31, 2020; and
WHEREAS, upon the timely publication of notice,the impact fees adopted by the Board
of Fire Commissioners of the North Collier Fire Control and Rescue District for the 2020-
2021 fiscal year are imposed in compliance with Section 163.31801, Florida Statutes
(2019).
NOW,THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE
NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that:
Section 1. The above recitals are true and correct,and are fully incorporated herein,
Section 2. The North Collier Fire Control and Rescue District hereby adopts and
incorporates the North Collier Fire Control & Rescue District Fire Impact Fee Indexing
Study Final Report dated August 24, 2020, attached in its entirety as Exhibit A, including
the assumptions, conclusions and findings in the study, effective January 1, 2021.
Section 3. This resolution shall be applicable within the entirety of the North Collier
Fire Control and Rescue District.
Section 4. The North Collier Fire Control and Rescue District hereby adopts and
imposes the following schedule of impact fee charges upon new construction to be used
for capital improvements that are necessary to serve new growth in accordance with
Florida law:
Resolution 20-029
September 24, 2020
Page 3 of 4
Land Use Unit Total
Impact Fee
i Residential sf $0.17
Non-Residential sf $1.06
Section 5. No reduction in the assessed impact fee rate is authorized and the
provisions within Resolution 19-004 through December 31, 2020, and Resolution 20-022
are applicable.
Section 6. This resolution supersedes Resolution 20-004, which was adopted
on May 28, 2020 and was to take effect on October 1, 2020. Therefore, the provisions
and impact fee charges per Resolution 19-004 will remain in effect from October 1, 2020
through December 31, 2020.
Section 7. This Resolution shall be effective immediately upon adoption.
The foregoing Resolution was offered by Commissioner PCOP,'Q ,who moved its
adoption.
(/ 1The motion was seconded by Commissioner Sar7 , and the Vote was as
follows:
Commissioner Vote
Commissioner M.James Burke
A
Commissioner James A. Calamari
Commissioner Christopher L. Crossan
Commissioner Norman E. Feder
CommissionerJ. Christopher Lombardo
1
Resolution 20-029
September 24,2020
Page 4 of 4
Duly passed on this 24th day of September, 2020 by the Board of Fire Commissioners of
the North Collier Fire Control and Rescue District.
NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT
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