Resolution 24-016 Final Impact Fee Rates for the North Collier Fire Control and Rescue District RESOLUTION 24-016
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 2024-2025; 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, the impact fee rates were based upon the most recent and localized data, as
evidenced by the Impact Fee Indexing Study Final Report dated August 24, 2020, and are
not being increased in the 2024-2025 fiscal year; 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
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Resolution 24-016
October 3,2024
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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
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.
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 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:
Land Use Unit Total
Impact Fee
Residential sf $0.17
Non-Residential sf $1.06
Section 5. In the event a development is a mixed use development,the impact fee
shall be calculated based upon each separate impact fee land use category included in
the proposed mixed use development as set forth in Section 4.
Section 6. In the event a development involves a land use not contemplated under
the impact fee land use categories set forth in Section 4,the impact fee shall be
calculated using the appropriate impact fees methodologies contained in the North
Collier Fire Control & Rescue District Fire Impact Fee Update Study Final Report dated
August 24, 2020. The impact fee rate calculation shall be determined by using variables
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Resolution 24-016
October 3,2024
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applicable to the most similar land use categories in the applicable impact fee rate
schedules.
Section 7. If a conventional building permit for the development is not required
(e.g., golf course, park, change of use, etc.),then the impact fee shall be paid prior to
the occurrence of any one of the following events, whichever occurs first:
(1) The date when the first certificate of occupancy has been issued for any building
or structure accessory to the principle use or structure of the development; or
(2) The date when the first certificate of occupancy is issued for the first non-
accessory building or non-accessory structure to be used by any part of the
development; or
(3) The date when a final development order,final development permit or other
final authorization is issued authorizing construction of a parking facility for any portion
of the development; or
(4) The date when a final development order,final development permit or other
final approval is issued for any part of the development in instances where no further
building permit is required for that part of the development; or
(5) The date when any part of the development opens for business or goes into use.
Section 8. Impact fees shall be collected and kept separate from other North Collier
Fire Control and Rescue District revenues and used exclusively in the manner provided
for under applicable Florida Law, including Sections 163.31801 and 191.009, Florida
Statutes, and Chapter 2015-191, Laws of Florida.
Section 9. No reduction in the assessed impact fee rate is authorized.
Section 10. If any section, subsection, sentence, clause or provision of this
resolution is held invalid,the remainder of the resolution shall not be affected.
Section 11. This resolution shall take effect on October 1, 2024.
The foregoing Resolution was offered by Commissioner IT,LI a (, who moved its
adoption.
The motion was seconded by Commissioner 1)-DurK P, , and the Vote was as
follows:
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Resolution 24-016
October 3,2024
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Commissioner Vote
Commissioner M. James Burke !a y
Commissioner James A. Calamari Yay
Commissioner Christopher L. Crossan
Yay
Commissioner Norman E. Feder YQ
y
Commissioner J. Christopher Lombardo Yay
Duly passed on this 3rd day of October, 2024 by the Board of Fire Commissioners of the
North Collier Fire Control and Rescue District.
NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT
M. James Burke
JOA. C,apo v
Christopher rossan
Norm n E."Feder
J. Christopher Lombardo
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