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JOANNE HOLHAN, CLERK OF THE CIRCUIT COURT - ,SAINT LUCIE COUNTY
File Nur~ber: ~°9~-,~o
...',... u,J.~,.. OR BOOK 18.29 F'AeE 1022
Recorded. 10/o~/0~
ORDINANCE NO. 03-023
AN ORDINANCE AMENDING, ARTICLE V, CHAPTER 1-6.5,
EDUCATIONAL FACILITIES IMPACT FEE, ST. LUClE COUNTY CODE
AND COMPILED LAWS BYAMENDING SECTION 1-6.5-53(9), RULES OF
CONSTRUCTION, TO PROVIDE FOR CLARIFICATION OF CORRECT
TEXT REFERENCE; AMENDING SECTION 1-6.5-56, FEE SCHEDULE,
TO INCREASE THE EDUCATIONAL FACILITIES IMPACT FEES TO BE
ASSESSED; AMENDING SECTION 1.6.5-57 PAYMENT OF FEES;
CREDITS, AMENDING PARAGRAPH (D) TO REFLECT CORRECT
STATUTORY CITATIONS AND BY CREATING PARAGRAPH (F)
DESCRIBING THE REQUIREMENT FOR THE PAYMENT OF THE
EDUCATIONAL FACILITIES IMPACT FEE PRIOR TO THE ISSUANCE OF
ANY BUILDING PERMITS; AMENDING SECTION 1-6.5-58, USE OF
FUNDS, TO AMEND THE ADMINISTRATIVE FEE TO BE RETAINED BY
THE COLLECTING UNIT OF LOCAL GOVERNMENT; AMENDING
SECTION 1-6.5-59 BY CHANGING THE AMOUNT THE FEE THAT MAY BE
RETAINED BY A UNIT OF LOCAL GOVERNMENT AND THE SCHOOL
BOARD IN THE EVENT OF REFUND REQUEST; AMENDING SECTION
1-6.5-61, REVIEW, BY AMENDING THE LANGUAGE GOVERNING THE
SCHEDULE OF REVIEW FOR EDUCATIONAL FACILITIES IMPACT FEE
AND CREATING SECTION 1.6.5-62, APPEALS; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR
ADOPTION; AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
On August 5, 1988, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 88-16, imposing an educational facilities impact fee in
St. Lucie County.
On February 16, 1993, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 93-003, amending the educational facilities impact fee
ordinance to account for certain editorial and legislative reference changes.
Underline is for addition
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Ordinance 03-023 -- Final Page 1
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOR 1829 PAGE 1025
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10.
On September 5, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-22, amending the fee schedule for imposing an
educational facilities impact fee in St. Lucie County.
On October 15, 1996, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 96-026, amending the fee schedule for imposing an
educational facilities impact fee in St. Lucie County.
On June 19, 2003, the Local Planning Agency/St Lucie County Planning and
Zoning Commission held a public hearing on the proposed ordinance after
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
days prior to the hearing and recommended that the proposed ordinance be
adopted as drafted.
On July 15, 2003, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in The Tribune and the Port St. Lucie News
on July 1, 2003, and directed that the proposed adjustments to the Educational
Facilities Impact Fee ordinance be remanded back to the Local Planning
Agency/St Lucie County Planning and Zoning Commission for further review and
comments.
On August 21, 2003, the Local Planning Agency/St. Lucie County Planning and
Zoning Commission held a 2nd public hearing on the proposed ordinance after
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
days prior to the hearing and recommended that the proposed ordinance be
adopted, with an effective date of November 1,2003.
On September 16, 2003, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
Lucie News on September 4, 2003.
On October 7, 2003, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
Lucie News on September 26, 2003.
The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Educational Facilities Impact Fees for St. Lucie
County, dated June 2003, prepared by James Nicholas, PhD.
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Ordinance 03-023 - Final Page 2
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1B29 PAGE 1024
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11.
The proposed amendments to Article V, Educational Facilities Impact Fees are
consistent with the general purpose, goals, objectives, and standards of the St.
Lucie County Comprehensive Plan and is in the best interest of the health, safety,
and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A.
Article V, Chapter 1-6.5, Sections 1-6.5-51 through 1-6.5-61, of the St. Lucie County Code
and Compiled Law is amended to read as follows:
ARTICLE V.
EDUCATIONAL FACILITIES IMPACT FEE
Section 1-6.5-51.
Short title, authority, and applicability.
(a)
This article shall be known and may be cited as the "educational facilities impact fee
ordinance".
(b)
The Board of County Commissioners has the authority to adopt this article pursuant
to Article VIII of the Constitution of the State of Florida, and Chapter 125 and
sections 163.3201, ~ .1013.36 and 1013.33 -255-.-.-.-.-.-.-.-~ of the Florida Statutes.
(c)
This article shall apply to all areas of St. Lucie County in a manner consistent with
the opinion of the Florida Supreme Court in St. Johns County v. Northeast Florida
Builders Association, Inc. 583, So. 2nd 635 (Fla. 1991).
Section 1-6.5-52. Intents and purposes.
(a) This article is intended to implement and be consistent with the St. Lucie County
Comprehensive Plan.
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Ordinance 03-023 - Final Page 3
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PAGE 1025
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(b)
(c)
(d)
The purpose of this article is to regulate the use and development of land so as to
assure that new development bears a proportionate share of the cost of capital
expenditures necessary to provide educational facilities as contemplated by the St.
Lucie County Comprehensive Plan.
This article is intended to implement the policies established in Section
1013.33 Florida Statutes.
The Florida Legislature through the enactment of Section 163.3202, Local
Government Comprehensive Planning and Land Development Regulation Act and
Section 380.06(16)of the Environmental Land and Water Management Act, Florida
Statutes Chapters 163 and 380, respectively, has sought to encourage local
governments to enact impact fees as a part of their land development regulation
program.
Section 1-6.5-53.
Rules of construction.
(a)
The provisions of this article shall be liberally construed so as to carry out effectively
its purpose in the interest of the public health, safety, and welfare.
(b)
For the purposes of administration and enforcement of this article, unless otherwise
stated in this article, the following rules of construction shall apply to the text of this
article:
(1)
In case of any difference cf meaning or implication between the text of this
article and any caption, illustration, summary table, or illustrative table, the
text shall control.
(2)
The word "shall" is always mandatory and not discretionary; the word "may"
permissive.
(3)
Words used in the present tense shall include the future; the masculine
gender shall include the feminine and neuter and vice versa; and words used
in the singular number shall include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
(4)
The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
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Ordinance 03-023 o- Final Page 4
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PAGE 1026
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(5)
The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(6)
Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the
conjunction "and," "or," or "either ... or," the conjunction shall be interpreted
as follows:
(i)
"And" indicates that all the connected terms, conditions, provisions,
or events shall apply.
(ii)
"Or" indicates that the connected items, conditions, provisions, or
events may apply singly or in any combination.
(iii) "Either ... or" indicates that the connected items, conditions,
provisions, or events shall apply singly but not in combination.
(7)
The word "includes" shall not limit a term to the specific example but is
tended to extend its meaning to all other instances or circumstances of like
kind or character.
(8)
"County administrator" means the county administrator and/or the county or
municipal official he/she may designate to carry out the administration of this
article.
(9)
The land use types listed in section 1-6.5-56 shall have the same meaning
as under the county zoning land development regulations.
Section 1-6.5-54.
Definitions.
Capital costs of educational facilities are expenditures for the acquisition of fixed assets
or additions to fixed assets and expenditures for site acquisition, construction design, site
development, necessary off-site improvements, and equipment.
A feepayer is a person commencing a land development activity by applying for the
issuance of a building permit to construct a residential unit or by applying for an electrical
permit for a mobile home or recreational vehicle.
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Ordinance 03-023 -- Final Page 5
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 18~9 PAGE 1027
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Residential unit is any building or structure or portion thereof, or any mobile home or
recreational vehicle, that is designed for or used for residential purposed by a single
housekeeping unit.
Section 1.6.5-55.
Imposition.
Any person, after the effective date of this article, seeks to make any improvement to land
by applying for a building permit for a residential unit or an electrical permit for a mobile
home or recreational vehicle used for residential purposes shall be required to pay an
educational facilities impact fee in the amount set forth in this article. No such building or
electrical permit shall be issued and until the educational facilities impact fee hereby
imposed has been paid pursuant to section 1-6.5-57 of this article.
Section 1-6.5-56.
Fee schedule.
The amount of the fee shall be determined by the following fee schedule. The fees s,hown
UI I LI I~ ~,~1 IGUUIG I ~1 I~.,~L Ci UIOI~.TUl IL ~JI CIIJ~JI ~JAII I ICILC;ly III L~I I [ I ~J] ~J~C~I b~l IL ~JV~;~I LI lC; I I~:~L II I I~JCIbL
I ~ ~:~
Schedule of Educational Facilities Impact Fees
¢w'Ca~-Fee-p~ Impact Fee
Land Use Type
....... per Unit
Single Family ~.~,~"'" ~", $$00 $3,061
Multi Fa ily "'"~" "'~"° $2
- m ~., ,~ ....,~.~ ,402
Mobile Homes/Recreational Vehicles "'""" "'~ °" $1,677
(MHP/RV parks only)
Other Residential .~..~ ""~". .,.~.~.."'°~'" $3 .061
If the type of residential development activity for which a building permit is applied is not
specified on the above fee schedule, the county administrator shall use the fee applicable
to the most nearly comparable type of land use on the above fee schedule.
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Ordinance 03-023 -- Final Page 6
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK iB29 PAGE
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Section 1-6.5-57.
Payment of fees; credits.
(a)
The person applying for the issuance of a building permit or an electrical permit for
a mobile home or recreational vehicle shall pay the fee to the County Administrator
prior to the issuance of a building permit or an electrical permit for mobile home or
recreational vehicle.
(b)
In lieu of or part of an educational impact fee payable pursuant to this article, the
School Board may accept an offer of a feepayer to dedicate or convey land to the
School Board for School sites. If the School Board accepts such an offer, it shall
so inform the County Administrator, who shall credit the amount indicated by the
School Board against the sum otherwise due. Except as provided in subsection (c)
of this section, the fee or portion thereof satisfied by the dedication or conveyance
shall be deemed paid when the dedication or conveyance has occurred pursuant
to the following procedure:
(1)
The delivery to the School Board of a title insurance commitment, to insure
the property in a sum to be agreed upon by the Board.
(2)
The delivery to the Board of a deed, with sufficient funds to pay all costs of
transfer of title including recording.
(3)
The escrow of taxes for the current year, pursuant to Section 196.265,
Florida Statutes, as the same may be amended, or the payment of the taxes
for the year.
(4)
The issuance of a title insurance policy subsequent to recording of the deed
and escrow of taxes.
(c)
Notwithstanding the procedure set forth in subsection (b) of this section, the
educational impact fee credit allowed for property that is the subject of an impact
fee agreement between the School Board and the feepayer or the feepayer's
predecessor in interest shall be determined as provided in such agreement.
(d)
Pursuant to Section 380.06(16), Florida Statutes, the value of educational capital
facilities required pursuant to a county-or city-approved development order shall be
credited against the educational facilities impact fee.
(e)
Credit for contributions, payments, construction or dedications of the educational
facilities impact fee shall not be transferable as a credit against other impact fees
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Ordinance 03-023 -- Final Page 7
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PAGE 1029
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for purposes other than for educational facilities. No credit shall exceed the amount
due for the educational facilities impact fee.
If educational facilities impact fees are owed, no development permits of any type
may be issued for the building or structure in question while the fee remains unpaid.
The County Administrator may authorize the initiation of any action as permitted by
law or equity to collect the unpaid fees.
Section 1-6.5-58.
Use of funds.
(a)
The funds collected by the county and municipalities located therein shall be
remitted at least monthly to the St. Lucie County School Board. The collecting
governmental unit shall be entitled to retain up to but not more than '~---,,, ~ ~,,j'°' four
(4) percent of the funds collected to compensate them for the administrative
expenses of collecting and administering the educational facilities impact fee
ordinance.
(b)
The remaining funds collected and transmitted to the School Board shall be spent
solely to meet the educational facilities necessitated by new development.
(c)
The St. Lucie County Board of County Commissioners and the School Board will
enter appropriate interlocal agreements between or among themselves and the
governing bodies of the municipalities in the County to provide for the collection of
fees imposed and to ensure proper use of the funds collected pursuant to this
article.
Section 1-6.5-59.
Refund of fees paid.
(a)
If a building permit or electrical permit expires, then the feepayer, his heirs,
successors, or assigns shall be entitled to a refund of the impact fee paid as a
condition for its issuance, except that the School Board of the county shall retain
fl'rree-(~ four (4) per cent of the fee to offset the cost of refunding, and the collecting
governmental unit shall retain ~ four (4) per cent of the fee to compensate
for the cost of collection and administration.
(b)
Any funds not expended or encumbered by the end of the calendar quarter immedi-
ately following ten (10) years from the date the educational impact fee payment was
received shall, upon application of the current owner within one hundred eighty
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Ordinance 03-023 -- Final Page 8
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PAGE 1030
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(180) days of the expiration of the ten-year period, be refunded to the current owner
by the School Board of the county with interest at the rate of six (6) per cent annum.
Section 1-6.5-60.
Exemptions.
(a)
The following shall be exempted from payment of the educational facilities impact
fee:
(1)
Alteration or expansion of an existing residential building where no additional
residential unit is created and where the use is not changed.
(2) The construction of accessory buildings or structures.
(3)
The replacement of a residential land use unit with a new unit of the same
type and use.
(4)
The construction of adult facilities or residential structures in which minors
cannot reside because of enforceable land use restrictions.
An exemption must be claimed by the feepayer at the time of the issuance of a
building permit or electrical permit. Any exemption not so claimed shall be deemed
waived by the feepayer.
Section 1-6.5-61.
Review
The educational facilities impact fee shall be adjusted by the county administrator
in April of each calendar year. Unless otherwise directed by the Board of County
Commissioners, any adjustments to the educational facilities impact fee made
pursuant to this section shall be based on the methodology described in paragraph
(b) of this section and shall be effective the first Monday in October of each
calender year.
(b)
The base for computing the adjustment is the Consumer Price Index - All Urban
Consumers (base year 1995 - 100) for the United States, published by the United
States Department of Labor Statistics (the Index), that is published for January 2003
(the Beginning Index). If the Index published nearest the Adjustment Date (the
Extension Date) has increased over the Beginning Index, the fee for the following
year (until the next Fee Adjustment) shall be set by multiplying the appropriate fee
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St;',kc Th;ou.sh is for deletion
Ordinance 03-023 -- Final Page 9
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PAGE 1031
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set forth in the schedule above by a fraction, the numerator of which is the
Extension Index and the denominator of which is the Beginning Index.
If the Index is changed so that the base year differs, the Index shall be converted
in accordance with the conversion factor published by the United States Department
of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such
other government Index or computation with which it is replaced shall be used in
order to obtain substantially the same result as would be obtained if the Index had
not been discontinued or revised.
(d).
I IIC; T::;UUUCILITJIICII IC::lt. JIIILIt:~O IIII~JCIT..~I. IT:~; ~:~T~IIt:~UUIC; ~:~IIC:;III L.JC; [C;VIC;VVC;U IJ.y LIIC; L.;UCIlU VI
%,.~,;Ul IL.,,V %,.~UIIIIIII~.~IUIIT::;IC) IIV IC:IL~::;I LIIC::III dCIIlUCII~f I~.~U C:IIIU III UC:IIIUCII.y UI '(::;(::3~JII II~.~..;C::II
The Board of County Commissioners and the School Board shall review the
educational facilities impact fee at least once every five (5) years from the effective
date of Ordinance 03-023 (February 1,2004).
Section 1-6.5-62.
Appeals
(a)
Any decision made by the county administrator in the course of administering the
provisions of this article may be appealed to the Board of County Commissioners
by filing a petition of appeal within thirty (30) calendar days of the date of the
rendition of the decision.
(b)
The Board of County Commissioners shall review the petition at a public meetinq
within thirty (30) calendar days from the date of appeal of said decision. The
petitioner shall be provided reasonable notice of the time, date, and place of the
public meeting by certified mail, return receipt requested, and invited to attend.
Testimony at the public meeting shall be limited to ten (10) minutes per side, unless
an extension of time is granted by the Board. The Board's decision shall be final for
the purpose of administrative appeals.
The Board of County Commissioners shall revoke the decision of the county
administrator only if there is competent, substantial evidence in the record that the
decision fails to comply with this article.
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Ordinance 03-023 -- Final Page 10
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 1829 PABE 1032
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PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstance, such holding shall not affect its applicability to any other person,
property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the
incorporated areas even in the absence of interlocal agreements with the affected
municipalities.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
The Amendments contained in this Ordinance, except Section 1-6.5-56, Fee schedule;
shall become effective upon the filing with the Department of State.
The Amendment to Section 1-6.5-56, Fee schedule, shall become effective February 1,
2004.
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Ordinance 03-023 - Final Page 11
Educational Facilities Impact Fee Print Date: 10/07/03
OR BOOK 182~ PAGE 1033
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PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Cliff Barnes
Vice Chairman Paula Lewis
Commissioner Frannie Hutchinson
Commissioner John D. Bruhn
Commissioner Doug Coward
AYE
AYE
AYE
AYE
AYE
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this 7th day of October, 2003.
' ':BOARD OF COUNTY C~)_MM~SSIONERS
ATTEST: ~' ,,.." ,' -'ST. I'UCIE CO~LORI~A
OR03-023FINAL(IMPACT2003)
DJM
.......................................... ~ -,~ .~,~
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Ordinance 03-023 -- Final "
Page 12
Educational Facilities Impact Fee Print Date: 10/07/03
APPROV~ED AS TO FORM AND . '~.~.;~ ' -