a. Purpose. In keeping with rational nexus requirements, separate impact fee trust funds are established for each impact fee benefit zone for each type of impact assessed by this Ordinance, in order to earmark all impact fees so that all expenditures of impact fees sufficiently benefit new development in the benefit zone from which the impact fees were collected.
b. Types of Trust Funds.
(1) Transportation Trust Funds.
(a) General. There are three (3) sets of transportation trust funds. The geographic boundaries of the trust fund areas are graphically depicted on the map at Article 9, Section A.18, and coincide with the boundaries of the impact assessment zones described in Subsection 1.c.(1), above:
¾ ten (10) road network improvement trust funds that existed before May 1, 1992; and ¾ ten (10) right-of-way trust funds that existed before May 1, 1992; and
¾ ten (10) combined road network improvement and right-of-way trust funds that commenced on May 1, 1992.
(b) Reason for Separating Trust Funds by Date. These separate sets of trust funds are needed to ensure that funds collected before May 1, 1992, are spent in accordance with the terms of the Ordinance at the time they were collected. As a result of certain amendments to the Ordinance that became effective May 1, 1992, a third trust fund was established for assessments collected on and after that date. Once all the funds in the pre- May 1, 1992 trust funds are expended, those funds will cease to exist.
(c) Date-Related Restrictions on Trust Funds.
I. Pre-May 1, 1992. All road network improvement impact fees collected before May 1, 1992 shall remain in the ten (10) road network improvement trust funds existing prior to that date. All such road network funds may be withdrawn from their respective trust funds solely as set forth in Article 8, Section M, Subsection 2.a. All right-of-way impact fees collected before May 1, 1992 shall remain in the ten (10) right-of-way trust funds existing prior to that date. All such right-of-way funds may be withdrawn from their respective trust funds solely as set forth in Article 8, Section M, Subsection 2.b.
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II. May 1, 1992 and thereafter. Road network improvement and right-of-way impact fees collected on or after May 1, 1992 shall be deposited by zone into the appropriate transportation trust fund. Such funds may be withdrawn from these funds solely in accordance with provisions of Article 8, Sections M.2.a and M.2.b, respectively, provided that the disbursal of such funds shall require the approval of the Board. (2) Park Trust Funds.
There are four (4) park site improvement trust funds. The boundaries coincide with the zone boundaries depicted on the map at Article 9, Section C.13. As funds are collected, the sum allocable to the zone for acquisition of local parkland and improvements shall be deposited in the appropriate trust fund. Within each trust fund, the monies deposited pursuant to this Section shall be expended to acquire and develop land for local park purposes. The funds may be withdrawn from these accounts for use solely in accordance with the provisions of Article 8, Section M, Subsection 2.c.
(3) School Site Trust Funds.
(a) General. There are three (3) sets of school site trust funds:
¾ four (4) County school site trust funds that existed before January 1, 1993; and ¾ one (1) county-wide school site trust fund that commenced on or after January 1,
1993 and before November 1, 2006, including impact fees collected in the three municipalities of Tampa, Plant City, and Temple Terrace.
¾ one (1) county-wide school facilities trust fund that commenced on or after November 1, 2006, including impact fees collected in the three municipalities of Tampa, Plant City, and Temple Terrace.
The geographic boundaries of the four County pre-1993 trust fund areas are graphically depicted on the map at Article 9, Section D.13, and coincide with the boundaries of the
impact assessment zones described inSubsection 1.c(3), above.
(b) Reason for Separating Trust Funds by Date. These separate sets of trust funds are needed to ensure that funds collected before December 31, 1992, are spent in accordance with the terms of the Ordinance at the time they were collected. As a result of certain amendments to the Ordinance that became effective January 1, 1993, a second set of trust funds was established for assessments collected on and after that date and before November 1, 2006. Once all the funds in the pre-1993 and pre-November 1, 2006 trust funds are expended, those funds will cease to exist. As a result of certain amendments to the Ordinance that became effective November 1, 2006, a third set of trust funds was established for assessments collected on and after that date.
(c) Date-Related Restrictions.
I. Pre-1993 Collections.
County. For all impact fees paid and school site dedications made on or before December 31, 1992, there are four (4) geographic expenditure areas, Article 9, Section D.13, depicts the geographic expenditure areas relating to the acquisition and expansion of school sites. Each one of the delineated expenditure zones is the basis for a separate trust fund to be maintained by the County.
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total receipts shall be deposited into the appropriate trust fund for the area in which the impact will be generated. Funds collected on or before December 31, 1992 shall be expended within each area in such a manner as to ensure that there is a reasonable connection or rational nexus between the expenditure of the funds collected and the benefits accruing to the development generating the impact.
Inter-zone Coordination of Pre-1993 Collections. The location and acquisition of appropriate school sites is a complex task that requires a thorough analysis of demographics and state and federal regulations. For expenditure of impact fees collected on or before December 31, 1992, if it is necessary to locate a school site in one geographic zone to serve residents of another geographic zone, the Board may allow the allocation of sufficient funds to acquire said site in the other zone provided that the Board establishes a reasonable connection or rational nexus between the expenditure of the funds and the benefits accruing to the developments within the zone generating the impact.
II. Collections Beginning January 1, 1993 and prior to November 1, 2006.
County. As monies are collected pursuant to the provisions of Article 8, Section G, on or after January 1, 1993 and prior to November 1, 2006, the funds shall be deposited into a separate trust fund for expenditures Countywide, including the cities of Tampa, Temple Terrace, and Plant City.
Municipalities. The cities shall be entitled to retain two (2) percent of the total funds collected to offset the administrative costs associated with the collection of said impact fees.
III. Collections Beginning November 1, 2006.
County. As monies are collected pursuant to the provisions of Article 8, Section G on or after November 1, 2006, the funds shall be deposited into a separate trust fund for expenditures Countywide, including the cities of Tampa, Temple Terrace, and Plant City. The County shall be entitled to retain up to two (2) percent of the total funds collected in the unincorporated area to offset the actual administrative costs associated with the collection of said impact fees.
Municipalities. The cities shall be entitled to retain up to two (2) percent of the total funds collected within their municipality to offset the actual administrative costs associated with the collection of said impact fees.
(d) Expenditure of Funds. Except for the exception noted in Subsection (e), below, the funds may be withdrawn from these trust accounts for use solely in accordance with the provisions of Article 8, Section M, Subsection 2.d, provided that the disbursement of such funds shall require the approval of the Board. The Board shall enter into appropriate agreements with the School Board to ensure that the expenditures of monies by the School Board occur in accordance with the terms of this Ordinance and for the purposes described herein.
(e) Interest on school impact fees. Interest earned on school impact fees collected after November 1, 2006 may be used by the Board of County Commissioners to reimburse in part or in whole the amount of school impact fees paid for a development that incorporates at least 20% affordable housing. Nothing in this Ordinance shall be interpreted to require any particular reimbursement, but the Board of County Commissioners may establish a policy to use such interest in this manner. Interest from
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school impact fees may only be used to reimburse actual school impact fees paid and shall not be used for other purposes.
(4) Fire Service Trust Funds. There are four (4) fire service trust funds. The boundaries of the trust funds coincide with the boundaries of the fire services impact assessment zones created pursuant to the terms of Subsection 1.c(4), above. Within each trust fund, the monies deposited pursuant to this Ordinance shall be expended to acquire and develop land for fire station sites, to construct fire stations, and to acquire fire apparatus.
c. Administration of Trust Funds. All income derived from the respective trust funds shall be deposited into the trust account from which it was generated. The Administrator shall be entitled to retain a maximum of two percent (2%) of the value of total impact assessments collected to offset the administrative costs associated with collection and administration of said funds, and shall ensure that the amount retained shall not exceed the reasonable cost of administration. Establishing the “reasonable cost of administration” shall include providing documentation to the Board as a part of the County’s annual budget process.
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Section M. EXPENDITURES FROM TRUST FUNDS
1. General. Impact fees collected shall be used exclusively for new capital facilities within the
impact fee benefit zone from which the fees were collected, except (a) in those specific circumstances set forth in this Ordinance where the Board may allow the allocation of sufficient funds for use in another zone, provided that the Board establishes a reasonable connection or rational nexus between the expenditure of the funds and the benefits accruing to the developments within the zone generating the impact, or (b) for administrative purposes as set forth in Article 8, Section L, Subsection 2.c.
However, nothing contained herein shall be construed to prohibit the Board from expending funds received from sources other than the assessments pursuant to this Ordinance to construct transportation capital improvements to or acquire right-of-way on those roads which are the responsibility of the County pursuant to the functional reclassification system, even though said roads may be within the boundaries of an incorporated municipality.