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RESOLUTION NO. 07-067
A RESOLUTION OPPOSING SENATE BILL 576 WHICH,
IF PASSED, WOULD PROHIBIT ST. LUCIE COUNTY
FROM COLLECTING IMPACT FEES BEFORE A
CERTIFICATE OF OCCUPANCY IS ISSUED
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Senator Bennett has introduced Senate Bill 576 which, if
passed, would prohibit St. Lucie County from collecting Impact Fees
before a Certificate of Occupancy is issued.
2. The St, Lucie County Board of County Commissioners
believes it is in the best interest of the citizens of St. Lucie
County and the County, to oppose SB 576 for the following reasons:
A. The term Certificate of Occupancy is not defined in
either Sections 163.31801 or 163.3164, Florida
Statutes, and such term or use of the term may have
differing meanings and application in the various
county and municipal government organizations
throughout the State.
B. As proposed, Section 163.31801(f) provides for a
substantial shift in impact fee regulatory practice
wherein it restricts the collection of any impact
fee to the point in the building permit process
where a certificate of occupancy is issued.
C. As proposed, Section 163.31801(f) is not clear as
to how impact fees will be collected when a local
government does not issue a specific Certificate of
Occupancy for the particular use or structure that
may be subject to the assessment and collection of
an impact fee.
D. Restricting the collection of impact fees to the
time when a Certificate of Occupancy is issued does
not allow for a local government to properly pIan
for its capital infrastructure needs that may be
necessitated by new growth.
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E, Restricting the collection of impact fees to the
time when a Certificate of Occupancy is issued
places an unreasonable burden on the fee payer in
that the fees to be assessed will most likely be at
the end of the construction project and may result
in the inability of the end user of the new
construction to lawfully occupy or make use of the
completed facility, structure or use.
F. It is generally recognized that the end user is the
party that pays the required impact fees through
the cost of the initial permitting of the proposed
use or structure. To delay the collection of
impact fee assessments until the completion of the
proposed use or structure places the end user in a
position where they may not be able to take
possession of the facili ty or commence the
otherwise authorized use until such time as the
fees are paid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County:
1. This Board does hereby oppose Senate Bill 576, which, if
passed, would prohibit St. Lucie County from collecting Impact Fees
before a Certificate of Occupancy is issued.
2. The reasons for opposing Senate Bill 576 are indicated in
the above described Paragraphs 2A through 2F.
3. The County Administrator is hereby directed to forward a
copy of this resolution to the members of the St. Lucie County
Legislative Delegation.
After motion and second the vote on this resolution was as
follows:
Chairman Chris Craft AYE
Vice-Chairman Joseph E. Smith AYE
Commissioner Paula A. Lewis AYE
Commissioner Doug Coward
AYE
Commissioner Charles Grande
Þ~YE
PASSED AND DULY ADOPTED this 20th day of Pebruary, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUC E COUNTY, FLORIDA
LEGAL
COUNTY AT Y
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