the board of county commissioners...

THE BOARD OF COUNTY COMMISSIONERS ORDINANCE NO.

AN ORDINANCE AMENDING THE PASCO COUNTY CODE OF

ORDINANCES, CHAPTER 78, BY CREATING SECTIONS 78-26,78-27, 78-28, AND 78-29, AND AMENDING CHAPTER 78;AMENDING CHAPTER 110; PROVIDING FOR UNIFORMPROVISIONS FOR GOVERNMENT ACQUISITIONS IMPACT

FEE CREDITS, APPEALS, REFUNDS AND IMPOSINGADMINISTRATION FEES; PROVIDING FOR EFFECT ONOTHER COUNTY REGULATIONS, INCLUSION IN CODE,REPEALER, APPLICABILITY, SEVERABILITY AND ANEFFECTIVE DATE.

WHEREAS, the Board of County Commissioners has authority to adopt this Ordinance

through general noncharter County home rule powers pursuant to Article VIII of the 1968 Florida

Constitution, and Chapters 125 and 163, Florida Statutes (F.S.); and

WHEREAS, the Transportation Impact Fee Ordinance adopted by the Board of County

Commissioners on April 24, 2007 (Ordinance No. 07-09) provided for procedures for the

creation and appropriation of impact fee credits for property acquired by the government, as well

as revised procedures for impact fee refunds and appeals; and

WHEREAS, the Board of County Commissioners desires to create and appropriate

impact fee credits for property acquired by the government and standardize the procedures for

impact fee refunds and appeals for all current and future Pasco County impact fees, consistent

with Ord. No. 07-09 and Section 317 of the Pasco Land Development Code, including, but not

limited to, said fees for Transportation, Schools, Parks and Recreation, Library, Fire Combat

and Rescue Service, Law Enforcement, Hurricane Mitigation and Water and Wastewater

Service; and

WHEREAS, the Board of County Commissioners finds it in the best interest of the public

health, safety and welfare to create uniform procedural and implementation provisions for

government acquisition impact fee credits, appeals, and refunds; and

WHEREAS, the Board of County Commissioners desires to replace the existing

administration fees provided for in Chapters 78 and 110 with a general administration fee for all

impact fees and to set the amount of said administration fees by separate resolution(s); and

WHEREAS, this Ordinance shall be known as the "Uniform Impact Fee Procedures

Ordinance"; and

WHEREAS, this Ordinance is consistent with the Pasco County Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of

Pasco County, Florida, that the Pasco County Code of Ordinances, is hereby amended as

follows:

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Section 1. Findings.

The foregoing Whereas clauses are hereby ratified and incorporated as the legislative

intent of this Ordinance.

Section 2. Section 78-26 is hereby created as follows.

Section 78-26. Government Acquisition Credit.

(a) Program Established.

(1) If the County, or another entity with eminent domain authority,

acquires land by condemnation, by threat of condemnation, or otherwise purchases land with a

building or structure located thereon that existed on or after the original effective date of an

impact fee ordinance and intends to remove said building or structure, and such land is either

(1) replaced with a use that precludes construction of any buildings, or (2) encumbered by a

deed restriction that precludes construction of any buildings, the County shall create an impact

fee credit, equivalent to the impact fee(s) that would be due for said building or structure if

rebuilt on the date that title transfers pursuant to an Order of Taking, the date of closing for other

acquisitions, or some other date as approved by the Board of County Commissioners

("Government Acquisition Credit").

(2) The County shall establish a separate Government Acquisition

Credit tracking system for each applicable impact fee.

(3) Government Acquisition Credits may be appropriated to a property

owner at the discretion of the County. Where a Government Acquisition Credit is appropriated

to a property owner:

a. language, including the amount of credit, granting the

credit to the property owner must be included in the agreement for sale and purchase and

approved by the Board, or

b. if a petition for eminent domain has been filed, the credit

and credit amount must be included in the settlement agreement of the eminent domain

proceeding and approved by the Board.

(4) The property owner who receives a credit may utilize said credit

for payment of the impact fees due upon relocation. If the credit amount is insufficient to pay

the impact fees due at the new location, at the time such fees are due, the property owner shall

be responsible for payment of the difference between the credit amount and the impact fees

due, unless the Board of County Commissioners specifically appropriates additional unused

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Government Acquisition Credit from the applicable tracking system or another funding source to

pay the difference between the credit amount and the impact fees due.

(5) Unless otherwise approved by the Board in the agreement for sale

and purchase or the eminent domain settlement agreement, the property owner receiving the

credit must utilize the Government Acquisition Credit within three (3) years from the date that

title transfers or the date of closing for other acquisitions.

(6) Government Acquisition Credit shall not be available to property

owners when the issue of compensation is determined by a jury, pursuant to Section 73.071,

F.S.

(b) Calculation.

The amount of the Governmental Acquisition Credit shall be calculated as

set forth in Sections 78-37, 78-92, 78-192, 78-252, 78-303, 78-323 and 110-242, as may be

amended from time to time, based on the fees in effect at the time that title transfers pursuant to

an Order of Taking, or the date of closing for other acquisitions or other date as approved by the

Board of County Commissioners. Government Acquisition Credits may not be available for

impact fees adopted or increased after the date of the agreement for sale and purchase, the

eminent domain settlement agreement, or some other agreement.

(c) Estimates.

A person may request at any time a nonbinding estimate of the

Government Acquisition Credit for a particular property; however, such estimate is subject to

change until the Board approves the agreement for sale and purchase or the settlement

agreement of an eminent domain proceeding.

(d) Transfers and Appropriations.

(1) Any Government Acquisition Credits not used within the time

frame established pursuant to Section 78-26(a)(5) or created but not appropriated to an

individual property owner pursuant to Section 78-26(a) shall remain within the applicable

tracking system until used. The Board, or, subject to purchasing authority, the County

Administrator, or his designee, may appropriate unused Government Acquisition Credits within

the applicable tracking system to pay impact fees on behalf of (a) qualified businesses pursuant

to the Economic Development Incentive Ordinance, (b) residences or developments eligible for

the Affordable Housing Rate pursuant to Section 78-38(a)(4) or other affordable housing fee

payers, or (c) any other use permitted by law. The Board's utilization or transfer of such credits

is not subject to the restrictions in Sections 78-38(d)(2)(d), (e) and (f) or any other transfer

restriction.

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(2) Government Acquisition Credits are not transferable from property

owners to other persons or non-governmental entities unless otherwise approved by the Board

in the agreement for sale and purchase, the eminent domain settlement agreement, or some

other agreement.

Section 3. Section 78-38(d}(2)c is hereby amended as follows.

c. A credit against any transportation impact fee due shall be given for the

replacement of any building, structure, or use with a new building, structure, or use, provided

that the replaced building, structure, or use existed on or after January 1, 1985, and provided

further that such credit shall be given only to the extent of the amount of the transportation

impact fee that would have been imposed upon such replaced building, structure, or use.~

rnl !nt" or ~noth(::)r (::)ntit" with (::)min(::)nt rlom~in ~IJthorit" ~r.nllir(::)J:: h" (::)min(::)nf rlom1in or

othf:1nA,iJ::(::)nllrr.h1~(::)~ 11nrl "'ith ~ hllilrlinn or J::tn Idllr(::) th1t (::)xiF:t(::)rlon or 1ft(::)r hnl J1r" 1 1QRfi

~nrl rl(::)moliJ::h(::)~ or r(::)mo"(::)" J::IJr.h hllilrlinn or "tn Jdl Jr(::) ~nrl ~1Ir.h hnrl i" (::)ith(::)r(1) r(::)nl'1r.(::)rl IAlith

:3 UF:(::)th:1t oreclurles the use of new develooment or (2) encumbered bv :1 deed reF:triction th3t

nr(::)rh IrlA~ thA I J~A of nAIA' rlA"Alonm(::)nt Th(::) rnl !nt" m~" (::)Rt'lhliJ::h ~ tr~n~nort~tion imn~rt f""

cn";!dit enlJi"~I~mt to the tr~mmorhtion imn3d fee 1F:"eF:F:ment for the demoli"herl hllilrlinn or

Rtn Irtllre ~~ of the rhte of the orrler of t~kinn nr the r:lnRinn rl':lte fnr nther nllrrh1"e~ ("eminpnt

rlom~in r'rArlit") The rnllnt" J::h~1I A~hhliJ::h ~ ~An1r~tA 1r'r.nl Intinn nr fl Inrl fnr eminent rlnm~in

r'rArlit" The Rn1rrl m~" Iitili7e eminAnt rlnm~in r'rArlih~ fnr (1) n'l"ment nf the tr1nRnnrt1tinn

imn1rt fee~ rh 1(::) 1t th(::) tim(::) the nerRnn diRnl~r.(::)d h" the 3rnlliRitinn iR r(::)lnr3terl nr (?) n':l"ment

nf tr~mmort3tion imn3d fee~ for (~) nlJ31ified hlu::ineRJ::e~ OIJr~IJ3nt to th(::) Fr.onomir.

ne"elnnment Inr.enti"e Orrlin'lnre nr (h) re"irlenr.e" nr rle"elnnment~ elinihle fnr thA ~ffnrrl'lhle

hOIl"inn r1te OIm:~IJ~nt to J::IJh~edion 7R ~Rh)("') The R03rd'~ IJtili73tion or tr3nJ::fer of ~IJr.h

r'rerlit" iR nnt ,,((hied to the re~tridinnR in R(lhRertionR 7R 1R( rl)(?)( rl) (e) ::Inrl (f)


Section 78-27. Appeals.

(a) Unless otherwise provided for in this Code, a person who receives a final

determination from the County Administrator or his designee, pursuant to this Chapter 78 or

Chapter 110, shall have the right to request an appeal hearing before the Board of County

Commissioners in accordance with the procedures and rules in Section 317 of the Land

Development Code.



Section 78-28. Refunds.

(a) The procedures in this Section shall apply when:

(1) a refund is required by a substantive provision of this Chapter,

Chapter 110, any agreement, or other applicable law, or

(2) a refund is due because a final determination of eligibility for a

waiver, credit, offset or reduced impact fee pursuant to this Chapter, Chapter 110, any

agreement, or applicable law was not made or available at the time the impact fee was paid.

(b) Refunds shall be made in accordance with the following procedure:

(1) The present owner of the property for which the impact fee was

paid or owner of the right to the refund pursuant to a contract, agreement or letter must petition

the County Administrator or his designee for the refund within four (4) years following the date

on which the impact fee payment was made, unless a longer time period is specifically

permitted by Chapter 78 or Chapter 110 or by the Board of County Commissioners. The written

petition must be submitted to the County Administrator or his designee and must contain:

1. The name, address and telephone number of the

petitioner.

2. A notarized sworn statement that the petitioner is the

current owner of the real property for which the fee was paid or the petitioner is the lawful owner

of the right to the refund pursuant to a contract, agreement or letter.

3. A copy of the latest recorded deed or contract, agreement

or letter establishing the right to the refund.

4. A copy of the most recent ad valorem tax bill.

5. The name of the person to whom the refund shall be

issued.

(c) The right to an impact fee refund shall run with the land; accordingly, all

refunds due pursuant to this Chapter and Chapter 110 shall be issued to the current owner of

the real property entitled to the refund, unless another person presents the County with a

contract, agreement or letter signed and notarized by the current owner, or an agreement is

approved by the Board, which assigns or allocates the current owner's right to such refund to

the other person.

(d) Within ninety (90) days from the date of receipt of a complete petition for

refund, the County Administrator will issue a final determination on the refund request.

(e) No fee shall be charged for a refund.


(f) Encumbered shall mean that the funds are allocated within the County's

CIP and/or CIE.

Section 6. Section 78-39(c) is hereby amended as follows.

(c) Refunds by the County.

(1) The fees collected pursuant to this division shall be returned to the then present owner if

the fees have not been encumbered expended within eight (8) years. Refunds shall be made in

accordance with the following procedure and Section 78-28:

a. The present owner of the property for which the transportation impact fee was paid must

petition the Board of County Commissioners for the refund within one (1) year following the end

of the eighth year from the date on which the fee was paid.

h Th~ n~titinn mlls::t h~ ~t Ihmitt~ri tn th~ rnr !nt" 1riminidr1tnr 1nri mlls::t ~nnbin'

1 8 nnt1ri7~ri J;::"(nrn J;::t1t~m~nt th1t th~ n~titinn~r iJ;::th~ ~I Jrr~nt nUln~r nf th~ nrnn~rt"

? Th~ nrinin11 ri1t~ri r~~~int iJ;::J;::II~rifnr n1"m~nt nf th~ f~~ nr nth~r ~"iri~n~~ nf n'1"m~nt

1r.r.~nbhl~ tn th~ rnllnt" '1riminiJ;::tr'1tnr

~ 1\ r.~rtifij;:!ri r.nn" nf th~ ht~Rt r~("nrri~ri ri~~ri

Ij A r.nn" nf th~ mnJ;::t r~r.~nt 1ri "1Inr~m by hill

GQ. \I\/ithin nin~t" (QO) ri~"~ frnm th~ ri1t~ nf rAr.~int nf :1 n~titinn fnr rAfl mri thA rnl mt"

1rimini~dr:1tnr "(ill '1ri"iJ;::~ th~ n~titinn~r :1nri th~ Rn1rri nf rnllnt" rnmmiJ;::J;::inn~rJ;:: nf thj;:! ,;;:btw:: nf

th~ f~A r~nll~J;::t~ri fnr r~fl mri For the purposes of this section, fees collected shall be deemed to

be encumbered speRt on the basis of the first fee in shall be the first fee out. In other words, the

first money placed in a special revenue fund shall be the first money taken out of that account

when withdrawals have been made.

ri 'I\fh~n th~ mnn~" r~nll~,;;:t~ri fnr r~fllnri i~ ,;::till in ~ ,;::n~r.i11 r~\I~nr I~ fllnri :::Inri h:::l9: nnt h~~n

~Yn~nri~ri h" th~ Anrl nf Ainht (R) "A1rJ;:: frnm thA rl1tA thA mAJ;:: UlArA n~irl nllr~ll::1nt tn thiJ;::

~~r.tinn th~ IlnAynAnrlAri fAAS:: Rh111 hA rAfllnriArl with intArAs::t '1t '1 r'1t~ AOll11 tn th~ ~inht '1~'1r

1"~r:1nA '1nnr 1:11 r1t~ A'1rnArl h" th~ r()! mt" in th~ Inr.11 nn"~rnm~nt J;::llrnlt IJ;::fllnrlJ;:: trr lJ;::t fllnri

1rimini~tAr~rl h'l thA ~t:lt~ hn~rri nf ~rimini~tr:ltinn Int~rA~t nn th~ IInA)(nAnriAri 1mnllnt

r~m1ininn in th~ J;::nAr.i:11 r~\lAni JA fl mri ~h:111 h~ (,,:1Ir.llht~ri frnm th~ rl'1t~ th~ f~~~ w~r~ r.nll~r.t~ri

tn th~ Anri nf th~ ~inht "~'1r n~rinri

(1) ThA rinht tn :1n imn:1r.t f-AA rAfllnrl ~h:111 rr m with thA hnri' :1r.r.nrrlinnl" :111r~fllnriJ;:: rill~

nr JrJ;::W1nttn thi~ rii"i~inn J;::h111hA i~J;::1J~ri tn thA ("IJrrAnt n"(nAr nf thA nrnnArt" Antitl~ri tn thA

mfunrl unIR[::[:: :1nathRr OArgan DrAgant[:: thR Count" with :1 contr:1d :1nn:~RmRnt or IAttAr J;::innRrl


and notarized by the current o\'mer 'J'.'hichassians the current owner's riGht to 8lH::hrAflmri to thA

other person all petitions for refunds shall include the information in subsection 78 3Q(teH1)h

Section 7. Section 78-113 is hereby amended as follows.

Sec. 78-113. Refunds by the School Board and the County.

Failure of School Board to encumber t:tSe the school impact fee funds within time limit. The

present owner of the property may request a refund from the School Board County of school

impact fees paid by an applicant if the School Board has failed to expend encumber said fee

within eight years. For the purpose of this section fees collected shall be deemed to be

I encumberedspeffi on the basis of the first fee in shall be the first fee out. In other words, the first

money placed in the fund shall be the first money taken out of that fund when withdrawals are

I made. Refunds shall be made in accordance with the following procedure and Section 78-28:

(1) The present owner of the property for which the school impact fee was paid must petition

the School Board County for the refund within one year following the end of the eight years from

the date on which the fee was paid,-~

(2) The O'!Jnar shall submit.

a Notarized S'lJorn 3ffidavit that the individu31 requestinG tha refund i8 thA f::IJrrAnt OlA'nAr of thp

nronArhr

b The original dated receipt issued for payment of the fee or other evidence of oavment

acceotable to the 81Inmint;mdent.

c A.r::ertifiAri term" of the I~te>':t rieArl' ~nrl

d A coov of the most recant ad \JalorAm ta)( hill

(3) \Nithin 90 d3'18 from the d::1teof receipt of a petition for ::1refund the sUDerintandant 'Nil!

advise the Detitioner of the st3tU8 of the rAmJA~teri rAfl mri

f41-11LWhen the money requested for refund is still in the School Board's school impact fee

fund and has not been encumberedexpended by the end of eight years from the date the fee

was paid, pursuant to this section, the unexpended fee shall be refunded by the School Board

\Nith interest 3t a rate equal to the eiqht vears annual r3te earned bv the School Board in the

School Board's school impact fBe account Interest on the unexoended amount mm~inino in thA

fund sh311be c31cu13ted for the d::1tethe fee 'Na8 collected to the end of the eiGht year oeriorl.

Refunds made by the School Board shall not include reimbursement of crerlitR oi"An anrl

collection fees charaed bv the Count\) thA dArk ~nrl!or thA ritiAR

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Sec. 78-213. Refunds by the County.

I (a) Failure of the County to encumber YSe the parks and recreation impact fee funds withintime limit. The applicant or a successor in interest may request a refund from the County of

parks and recreation impact fees paid by an applicant if the County has failed to encumberYSe

or ~nnronri:1t~ the parks and recreation impact fees collected from the applicant within the time

limits as follows:

(1) AppropriatedEncumbered in the County's five-year capital improvement program or capital

improvements element prior to the end of the fiscal year immediately following the AA!:teiqhth

anniversary of the date upon which such fees were paid;.~

(2) F)(mmrl~rI nrior to th~ ~nrl of th~ fi~r.~1 \I~~r imm~rlht~I\I follo"'ino th~ t~nth ~nni\l~r~';Ir\l nf

th~ rl1t~ I Innn whir.h ~11r.h m~r: w~r~ n~irl

~For purposes of this section, fees collected shall be deemed encumbered!o h~ ~n~nt or

1nnrnnri~t~rI on the basis of "the first fee in shall be the first fee out."

(~4) For purposes of this section, all impact fees shall be deemed to be encumbered )(n~nrl~rI

prior to the expenditure of any interest or investment income.

(1e) Refunds shall be made only in accordance with the following procedure and Section 78-

28:

a. The applicant or a successor in interest shall request the refund within one year following

I the end of the calendar year immediately following eiqht teft years from the date on which thefee was received;

b. Description and documentation of the County's non-use of the parks and recreation impact

feesj-aoo

r. R~('1II~~t~ for ~ r~flInri ~h~1I inr.li!rI~ ~!I inform~tinn r~('1IJir~rI in ~~r.tinn 7R ?1.:i(rI) ~~

1nn"'l'"\nri';lt~ ~nrl ~h~1I h~ ~I Jhmitt~rI tn th~ Rn~rrl for ~nnrn\l~1

(9,9) For purposes of this section, any refund received shall not include interest or investment

income while on deposit in the impact fee fund.

(§+) The administrator may request that the Board of County Commissioners grant a one-year

extension to the time frames for encumberinqapproprbtion ~md/orexpenditure of the parks and

recreation impact fees.

(b) Requests for refunds must be made by written request to the administrator within the time

I limits as established herein. Th~ :::Innlir.~nt nr ~1Ir.r.~~lO:or in int~r~J;:t ~h~IIIO:IJhmit.

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(1) A notarized s'.\'orn affidavit statim::! that the individual reauestina the refund is the aoolicant

or the successor in interest to the real propertv on which the parks and recreation imn::<d fee

'V1~ D1irl'

(2) N:lme anrl ~rlrlrARR' ~nrl

(3) The location of the property which 'Nas the subiect of the buildina oermit ::mri'or r.ertifir::;!te

of occuo:Jncv and/or final im~oection'

('1) The date the buildinq permit :Jnd/or certificate of occupancv ifJaS issued' or the d:1te of

exoir3tion or th3t it 'Na~ der:larerl to he in\l:;.Jlirl'~nrl

(5) The amount of the parks and recre3tion impact fee paid and copies of oriQinal receiotR nr

canceled checks evidencina such oavments' anrl

Section 9. Section 78-273(a) and (b) is hereby amended as follows.


I (a) Failure of the County to encumber ttSe the library impact fee funds within time limit. The

applicant or a successor in interest may request a refund from the County of library impact fees

I paid by an applicant if the County has failed to encumberuse or 3ppropriate the library impactfees collected from the applicant within the time limits as follows:

(1) Encumbered /\ppropriated in the County's five year capital improvement program or capital

improvements element prior to the end of the fiscal year immediately following the eiqhth fifffi

anniversary of the date upon which such fees were paid.:.T-Of

(2) Expended prior to the end of the fiscal year immediatel\' follmi'!ina the tenth anni\ler,,:;.Jpl of

the date unon whir.h ,,!Ir.h feeg were n~irl

fJ1 For purposes of this section, fees collected shall be deemed encumberedto hB RnBnt or

1nomnri~tprl on the basis of the first fee in shall be the first fee out.

(~4) For purposes of this section, all impact fees shall be deemed to be encumbered~wnpnrlArl


(15) Refunds shall be made only in accordance with the following procedure and Section 78-

28:


I the end of the calendar year immediately following eiqhtteB years from the date on which the feewas received; and

b. Description and documentation of the County's non-use of the library impact fees~

c Requests for a refund shall include 311information reQuired in subsection 7R ?7:\(d) 1R

aoorooriate and Sh311be 8uhmitterl to the Rn::irrl for 10om\l;.!1


I (§.a) For purposes of this section, any refund received shall not include interest or investment

income while on deposit in the impact fee fund.

(§7) The administrator may request that the Board of County Commissioners grant a one-year

extension to the time frame& for encumberinq appropriation and/or expenditure of the library

impact fees.

(b) Requests for refunds must be m:Jde bv written request to the :Jdministr:Jtor'tJithin tha time

limits as established herein The applicant or successor in interm,t gh:il! RtJhmit.

(1) l\ not3rized S'Norn affidavit statinQ that the individual reGuestinG the reflmrl iF; the :.1nnlircmt

or the successor in interest to the real orooertv on 'Nhich the librarv imnact faB INag n:.1irl. :.1nrl

0) N:1me :mrl ::irlrlrARR. ::mrl

(3) The location of the oropertv which 'Nas the subiect of the buildinG nermit ~nrl!or r.ertifir~tp

of occupancv and/or final immection. :inrl

(1) The d:)te the buildinq oermit :)nd/or certificate of occupancy wag jgguad. or the rhte nf

expiration or th:it it waR rlarl:irAri tn he inlt::.llirl.~nrl

(5) The amount of the librarv impact fee paid and copies of oriGin:o!! r8csiotR or r.anr~!ilprl

checks evidencinG guch 03vmentg. :mrl

(QB) Upon receipt of a completed request for a refund, the administrator shall review the

request and documentary evidence submitted by the applicant as well as such other information

and evidence as may be deemed relevant. After complete verification and satisfaction of the

requirements, the County shall refund the library impact fee from the County's library impact fee

fund, as established pursuant to section 78-272.

Section 10. Section 78-304(c) is hereby amended as follows.

(c) Refunds by the County.

I (1) Failure of the County to encumbertffie the fire combat and rescue service impact fee funds

within time limit. The applicant or a successor in interest may request a refund from the County

of fire combat and rescue service impact fees paid by an applicant if the County has failed to

I encumbertffie or appropriate the fire combat and rescue service impact fees collected from theapplicant within the time limits as follows:

a. EncumberedAppropri:Jted in the County's five-year capital improvement program or capital

improvements element prior to the end of the fiscal year immediately following the eiqhth fi.ftA

anniversary of the date upon which such fees were paid: ~

b Expended prior to the end of the fisc:)1ve:Jr immediatel" foliowinQ the tenth anni'Jersarv of

the date uoon which F:llch feeR '"'ere n::.lirl

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gG. For purposes of this section, fees collected shall be deemed to be encumbered~mAnt nr

'mnrnnri1tArl _onthe basis of "the first fee in shall be the first fee out."

fG. For purposes of this section, all impact fees shall be deemed to be encumbered j;;nmAnrlArl


I eg. Refunds shall be made only in accordance with the following procedure:1. The applicant or a successor in interest shall request the refund within one year following

I the end of the calendar year immediately following eiqht teH years from the date on which thefee was received; and

2. Description and documentation of the County's non-use of the fire combat and rescue

service impact fees.;...:3nd reQuests for a refund sh311include 311information reQuired in section

78 :iO~(c)(~) 3£ 30oronri3te :lnrJ £h311be RlJbmitterJ to the Ro~rrJ for 3nnrn"31

§.f. For purposes of this section, any refund received shall not include interest or investment

income while on deposit in the impact fee funds.

fRo The administrator may request that the Board of County Commissioners grant a one year

extension to the time frames for encumbering3Pproprbtion 3nd!or expenditure of the fire combat

and rescue service impact fees.

(2) Requests for refunds must be made by written request to the administrator within the time

limits as established herein. ThA ~nnlic:mt nr ~IICCA~':::nr in intArA~t Rh':lll ':::llhmit.

:1 A not:lrized ~'Norn :lffirJ:H.'itst3tina th:lt the inrJi"irJll:11realJe~tina the refund i£ the :lnnlic:1nt or

the RllcceRsor in interest to the real orooert'.' on which the fire comb3t ~nd reRClle sen'ice imn3ct

fAA "'3£ n~irl'

h N:lmA :lnrl 3rlrlrA~£'

c The loc3tion of the orooert'.' \.\'hich '1'13£the Eubiect of the bllilrJinn oermit :1nrJ'or r.ertific:lte of

nCClln:lnC" :lnrl'nr fin:ll in£nectinn'

d The date the buildinQ oermit and/or certificate of OCCU03ncv W3R iRsLJed' or the d3te of

exoir:1tion or th:1t it \AJaRdecbred to he in":1lid' ~nd

e The amot/nt of the firA comb~t and re£Clle £en,ice imnact fee n:1id :lnd coniA£ of orinim~1

mr:eintR or c3ncellerJ checkR evirJencina £IJch navmentg' :1nrJ



(a) The fees collected pursuant to this division shall be returned to the then present owner if

the fees have not been encumbered expended within eight years. Refunds shall be made in

accordance with the following procedure:

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I (1) The present owner of the property for which any fee was paid must petition the Board of

County Commissioners for the refund within one year following the end of the eighth year from

the date on which the fee was paid.

(2) The petition must be submitted to the Count'.' administrator and mlJRt r:ont3in'

a A notarized sworn statement that the oetitioner is the current O'Nnerof the orooertv'

b. The oriqin31 dated receipt issued for P3vment of the fee or other evidence of 03vment

acceot:3ble to the Count'.' administr3tor'

c A certified coo'.' of the 13teRt rAr.orrlerl rleerl' 3nrl

d A coo'! of the most recent ad valorem tax bil!

(2,3) Within 90 davs from the d:3te of receiot of a oetition for refund the C':OImtl1 ~rlminidr~tnr

will advise the petitioner and the Board of Count'.' Commissioner" of the Rt3t!JR of tho:;; feA

rAm JA~tArl fnr rAfllnrl For the purposes of this section, fees collected shall be deemed to be

encumberedspent on the basis of the first fee in shall be the first fee out. In other words, the

first money placed in a special revenue fund shall be the first money taken out of that account

when withdrawals have been made.

(-1) If/hen the money requested for refund is still in :3 soeci31 revenue fund 3nd h38 not beEm

exoended bv the end of eiaht vears from the date the fees were o3irl OIJrRIJ3nt to thi~ ~Ar.tinn

the unexoended fees shall be refunded with interest at ;) rate eou;)1 to the sioht "83r :1"er3m~

annual rate earned bv the County in the local aovernment sumlus funds trust fund adminigterArl

bv the st3te B03rd of administr:3tion Interest on the unexoended amount rsm3ininn in thA

soecial revenue fund shall be calculated from the d3tA the feAg 'J'.'f,1rf'!r.olledArl tn the enrl nf thp

eiGht VS:1r nerinrl

(b) The fees collected pursuant to this division shall be returned to the present owner if the

development activity generating shelter demand or evacuation impacts is canceled due to

I noncommencement of construction before the funds have been encumbered and expendedpursuant to this division. For purposes of this section, noncommencement means either notice

to the County of intent not to commence development or the date of expiration of a building

permit. Refunds shall be made in accordance with ger.tion 7R :i:'1? nro"irlo:;;rlthe thAn nrel':Ant

owner oetitions the Board of Count'.' Commissioners for the rgfund 'Nithin QO rl~vR from thA rl~tA

of noncommencement However an 3dministr3ti'le oroces8 fee of $500 00 or 15 n~rr.~nt of thA

aoolicable fee 'Nhichever is less gh:111 he rAhinArl h\l thA r.nllnt\l



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I (a) Failure of the County to encumber H8e the water and wastewater service impact fee funds

within time limit. The applicant or a successor in interest may request a refund from the County

of water and wastewater service impact fees paid by an applicant if the County has failed to

encumber...ys.eor appropriate the water and wastewater service impact fees collected from the

applicant within the time limits as follows:

(1) Encumbered Appropri3ted in the County's ten year capital improvement program or capital

improvements element prior to the end of the fiscal year immediately following the eiqhth teRtft

anniversary of the date upon which such fees were paid; or

0) FxnAnrlAn nrior to thA Anrl of thA fi~r.:;;1"A:;;r immArli:;;tAI" follo'''inn thA tAnth :1nniIAr~:1r" of

thA ri;:;tA IlOon ",hir.h ~I Jr.h fAA~ '"'ArA n:1irl

(2.J) For purposes of this section, fees collected shall be deemed to be encumbered~nAnt or

:1nnrnnrhtArl on the basis of "the first fee in shall be the first fee out."

(;2.4) For purposes of this section, all impact fees shall be deemed to be encumberedAxnAnrlArl


(1g) Refunds shall be made only in accordance with the following procedure and Section 78-

28:


I the end of the calendar year immediately following eiqhtteRyears from the date on which the feewas received; and

b. Description and documentation of the County's non-use of the water and wastewater service

impact fees. . ''lnrl rAnIIA~t~ for;:; rAfllnrl ~h:111 inr.h IriA :111inform;:;tion rArtllirArl in ~Ar.tion 11 n

?R'i(h) ~s::: :::Innrnnri:::ltA ;;'Inrl ~h;;'lll hA ~llhmittArl to thA Ro:<rrl fnr ::mnrn";:;!

(§.9) Efor purposes of this section, any refund received shall not include interest or investment

income while on deposit in the impact fee funds.

(§7) The administrator may request that the Board of County Commissioners grant a one-year

extension to the time frames for encumberinq 3ccrocri3tion ~:md.'orexcenditure of the water and

wastewater service impact fees.

(h) RAr1IIAs:::ts:::for rAfllnrl~ mll~t hA m~rlA hll \AlrittAn rArtllAs:::t tn thA :::Irlmini~tr::1tor "'ithin thA timA

limits::: :1S:::A~hhlis:::hArl hArAin ThA ;:;nnlir.;:;nt nr S:::11r.r.AS:::S:::orin intArA~t s:::h;:;11S:::!Jhmit.

(1 \ 1\ nohri7Arl S:::'A'orn :1ffirl;:;"it I':t;:;tinn th:'lt thA inrli"irlll:'li rArtllAs:::tinn thA rAfllnrl is:::thA :'lnn!ir.'mt

or thA S:::11r.r.A~s:::orin intArAs:::t to thA rA;:;1nronArt" on "'hir.h thA '.(:'ltAr :'lnri/or "':'ls:::tA,.,;:;tAr S:::An'ir:A

imn:'lr.t fAA 'A'~S:::n~irl'

0) N:<mA :'lnri:'lrlrlrAS:::r-.' 'mrl

(1) ThA lor.::;!tion of thA nrnnArt" lA,hir.h "';:;1': thA I':llhiAr.t of thA S:::An'ir:Ar.nnnAr.tion'

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(Ij) ThA rhtA thA ~An/ir.A r.nnnAdinn \A/~~ m~rlA' ~nrl

(t:;\ ThA "Imnllnt nf thA "/~tAr "Inri/nr "/"I~tAu/"ItAr ~An/ir.A imn"ld f-AA n"liri "Inri r.nniA~ nf nrinin"l!

rAr.Aint~ nr r.'"Inr.AIIAri r.hAr.k~ A"iriAnr.inn F:IJr.h n"l"mAnt~. "Inri

(GQ) Upon receipt of a completed request for a refund, the administrator shall review the

request and documentary evidence submitted by the applicant as well as such other information

and evidence as may be deemed relevant. After complete verification and satisfaction of the

requirements, the County shall refund the water and wastewater service impact fee from the

County's water and wastewater service impact fee funds, as established pursuant to section

110-262.


Section 78-29. Administration Fees.

Administration fees shall be set by separate resolution(s) of the Board of County

Commissioners and shall be based upon the actual cost of administering and implementing

Pasco County's impact fee ordinances including, but not limited to, establishing, reviewing,

updating, calculating, and collecting impact fees, establishing and maintaining credit and other

impact fee accounts, and processing refunds of impact fees. Administration fees shall be in

addition to the impact fees due pursuant to this Chapter and Chapter 110, and impact fee

credits or offsets shall not apply to administration fees. Any administration fees collected to

date on any of the County's impact fees may be used for funding administrative costs

associated with any of the impact fees. Administration fees shall be non-refundable unless the

Board of County Commissioners, or a court of law with jurisdiction, determines that the

administration fees exceed the County's actual cost of administering and implementing Pasco

County's impact fee ordinances, or otherwise violate Florida law.

Section 14. Section 78-39(b)(6)b.3. is hereby repealed in its entirety.

J. L'.rimini~tr"lti"A r.m.~t~nf thA r.nllAdinn :1nAnr." rAl'"ltArltn thA cn!lAdinn nf tr~mm()rt~ti()n

imn~r.t fAA~ (nnt tn AX'r.AArinnA (1 \ nArr.j:mt nf thA tnhl flmri~ (;nllAdAri nr thA ~dlJ~1 (;O~t~ nf thf:!

r.n!!Adinn ",hir.hA"Ar i~ IAf':~\

Section 15. Section 78-112 (b)(2) and (c){2) is hereby repealed in their entirety.

(b) School impact fees shall, upon receipt by the County, be deposited into the

school impact fee fund. The school impact fees shall remain in the fund until transferred to the

School Board pursuant to this section.


~ ThA r.m /ntH m::1H ~R~A~R ~ r.nllAdinn fAA nnt tn A)(r.AArl nnA nArr.Ant nf thA tnt::11 Rr.hnnl

imn:ld fAA to offf:At thA :lrlmini~tr:lti\'A r.Of:tf: of r.o!lAdinn thA Rr.hool imn:ld ~:lirl r.o!lAdion fAA

Rh:lll hA in ~ddition to thA Rchool imn:lct ~A 3nd i~ non rAflmrbhlA

(c) School impact fees shall, upon receipt by the Cities, be deposited into the funds

established by the Cities for school impact fees. The school impact fees shall remain in these

funds until transferred to the School Board pursuant to this section.

rn The citie8 m3Y 388e88 a collection fee not to exceed one percent of the total school

imn~d fAA to Offt::At thA :lrlminidr~ti\lA r.ot::tt:: of r.ollAdinn thA t::r.hool imn:lr.t ~:lirl r.OIlAr.tion fAA

t::h~1I hA in :lrlrlition to thA t::chool imn:ld fAA ~nrl it::non rAflmrl3hlA

Section 16. Effect On Other County Regulations.

It is the intent of the Board of County Commissioners that the provisions of this

Ordinance shall only supersede the provisions in other regulations within Chapters 78 or 110

relating to Government Acquisition Credits, Eminent Domain Credits, appeals and refund

procedures. To the extent of any conflict between any other County regulations in Chapter 78

and this Ordinance, or Chapter 110 and this Ordinance, pertaining to Government Acquisition

Credits, Eminent Domain Credits, appeals, refund procedures, or administration/collection fees,

this Ordinance shall be deemed to be controlling.

Section 17. Inclusion In Code.

It is the intent of the Board of County Commissioners that the provisions of this

Ordinance shall become and be made a part of the Pasco County Code of Ordinances, Chapter

78, Article I as an amended Division 1, and Chapter 110, Article V as an amended Division 3,

and that the sections of this Ordinance may be renumbered or relettered and the word

"ordinance" may be changed to "section," "article," "regulation," or such other appropriate word

or phrase in to order accomplish such intentions. All strike-through and underline in this

amended and restated ordinance is solely to indicate additions and deletions to the original

ordinance, and shall be removed when included in the Code. Changes not indicated in strike-

through and underline format are not intentional, and therefore should not be considered a

change to the original Code, except for changes deemed necessary by the Municipal Code

Corporation Editor, after consultation with the County, to maintain consistency with the existing

Code of Ordinances.

Section 18. Repealer.

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All provisions of the Pasco County Code of Ordinances, as amended, and ordinances or

parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict.

Sections 78-38(g) Appeals, Section 78-97 Appeals, Section 78-197 Appeals, Section 78-257

Appeals, Section 78-303(g) Appeals, Section 78-335 Appeals, and Section 110-247 Appeals,

are repealed in their entireties.

Section19. Applicability.

Government acquisition credits shall only apply to government acquisitions

occurring after the effective date of this Ordinance, except for transportation impact

fees, which shall apply to governmental acquisitions occurring after the effective date of

Ordinance 07-09 (October 1, 2007). Refunds and appeals procedures shall apply to

any impact fee paid or any imposition of an impact fee by Pasco County. Administrative

fees shall apply to any impact fee assessed on or after the effective date of the

resolution setting the amount of the administration fee.

Section 20. Severability.

It is the intent of the Board of County Commissioners that if any section, subsection,

sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance

shall be construed as not having contained the said section, subsection, sentence, clause, or

provision and shall not be affected by such holding.

Section 21. Effective Date.

A certified copy of this Ordinance shall be filed with the Department of State by the Clerk

to the Board of County Commissioners within ten (10) days after adoption. This Ordinance shall

take effect upon filing with the Department of State.

ADOPTED this day of ,2008.

(SEAL) BOARD OF COUNTY COMMISSIONERS

OF PASCO COUNTY, FLORIDAATTEST:

JED PITTMAN, CLERK THEODORE J. SCHRADER, CHAIRMAN

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the board of county commissioners...

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