Resolution 2005-140
RESOLUTION NO. 2005-140
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW
OF SPECIFIED CLAUSES IN PROPOSED FLORIDA SENATE BILL
7048, WHICH PROVIDES FOR A LOCAL OPTION REAL ESTATE
TRANSFER SURTAX ON DEEDS, AND IF A COUNTY IMPOSES SUCH
A SURTAX, IMPACT FEES MUST BE FROZEN AT THE JANUARY 1,
2003 RATES AND WILL NOT IMPOSE ADDITIONAL FEES OR
INCREASES UNTIL THE SURTAX HAS BEEN RESCINDED AND ALL
PLEDGED OBLIGATIONS ARE SATISFIED; AND THAT, IF ENACTED,
WOULD NOT PROVIDE REVENUE, GENERATED BY THE SURTAX,
EQUAL TO THE REVENUE LOST BY REVERTING BACK TO 2003
RATES AND FOREGOING ALL REQUIRED UPDATES AND INDEXING
OF IMPACT FEES, WHICH WOULD HAVE A DETRIMENTAL EFFECT
ON THE COUNTY'S ABILITY TO PROVIDE NECESSARY AND STATE
MANDATED, GROWTH-RELATED CAPITAL IMPROVEMENTS
WHEREAS, proposed Florida Senate Bill 7048, if enacted, would create
a new Section 201.02, Florida Statutes, providing for the levy of a local option
real estate transfer surtax on deeds; and
WHEREAS, proposed Subsection 201.02(10), states that "If the governing
authority of a county imposes a surtax pursuant to this section, the governing
authority may not increase the rate of any impact fee bevond the rate imposed on
January 1. 2003 (emphasis added);" and
WHEREAS, proposed Subsection 201.02(10) further states that the
governing authority "may not impose an additional impact fee until the ordinance
imposing this surtax has been rescinded and all obligations against which the
surtax revenues have been pledged are satisfied;" and
WHEREAS, the proposed restriction on imposing new impact fees and
impact fee rate increases beyond those in effect on January 1, 2003 would render
completely useless and ineffective Collier County's existing provisions for annual
impact fee indexing adjustments, which were established to provide scheduled,
predictable rate adjustments designed to avoid economic disruptions caused by
large rate increases; and
WHEREAS, Collier County formally updates its impact fees at least
every three years in order to remain consistent with the demands of growth; and
WHEREAS, based on real estate sold in Collier County in 2003 the
proposed real estate transfer surtax would generate approximately $3.4 million;
and
WHEREAS, impact fee collections in Fiscal Year 2003 totaled
approximately $63 million and in Fiscal Year 2004 impact fee collections totaled
approximately $101 million with the increase in revenue ($37 million) due in part
to formal updates of impact rates, annual indexing of impact fees and the adoption
of a new impact fee; and
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WHEREAS, the cost per lane mile for road construction III Collier
County in 2003 totaled $3.38 million, is currently $3.57 million, and continues to
increase based in part on the rapidly increasing land and right-of-way costs; and
WHEREAS, the proposed legislation does not consider that the revenue
gained through the real estate transfer surtax does not offset the revenue lost by
the requirement to freeze impact fees at the 2003 rates; and
WHEREAS, Collier County's impact fee program and methodologies
already take into consideration and provide a "credit" for other sources of revenue
that may be expended for the same purpose as the specified impact fee and
therefore avoid the potential for double-charging; and
WHEREAS, the proposed legislation does not address the devastating
effect such limitations on impact fees and fee increases would have on
concurrency management and funding for capital improvements, which are
mandated bv general Laws of Florida to manage and accommodate growth and
are dependent on the County's requirement for new developments to pay their
"fair share" of the cost of capital improvements necessitated by growth.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
I. The Board of County Commissioners of Collier County, Florida opposes
enactment into law proposed Florida Senate Bill 7048, because proposed
Subsection 201.02(10), Florida Statutes: (A) creates oppressive
restrictions on the implementation of new impact fees and impact fee rate
increases; (B) does not properly balance the demand placed on public
facilities by growth and the requirement for development to pay its fair
share of such necessitated improvements against the requirements of the
local governments to fund such construction and improvement projects;
(C) the benefit derived from the real estate transfer surtax does not offset
the revenue lost through the requirement to freeze the impact fees at the
January 1, 2003 rates; (D) does not uphold the current County policy that
growth is required to pay its fair share of the cost of infrastructure
necessitated by the new development; and (E) is not otherwise in the
public interest.
2. The Board of County Commissioners of Collier County, Florida, requests
that its Local Legislative Delegation advocate that the proposed Bills not
be enacted into law unless and until the County's concerns, as expressed
herein, are cured by amendments to Proposed Senate Bill 7048 and any
other similar or associated legislation.
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THIS RESOLUTION ADOPTED after motion, second and majority
vote in favor of adoption this I d j h day of --.Ar ( I I ,2005.
ATTEST:
DWIGIHB.,BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
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FRED W. COYLE, Chairman
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Approved as to form
and legal sufficiency:
5e>1/V\ PJ~
Thomas C. Palmer,
Assistant County Attorney
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