§ 159.05. Presumptions, Administrative Fees, Limitations, Accounting and Audits, Agreements, and Security for Review Requirements.

(A)

Development Presumed to Have Maximum Impact. Any proposed development shall be presumed to have the maximum impact on necessary capital equipment and facilities for law enforcement.

(B)

Administrative Fee Authorized. The City may charge an additional fee not to exceed three (3) percent to offset the cost of administration, updating, maintaining, and enforcement of this article. The charge shall be based on actual costs. The charge may be established by resolution of the City Council as necessary to conform to this paragraph. Any such administrative charge imposed by the City is in addition to the impact fees due, is nonrefundable, is payable at the time of payment of impact fees, and may include, but is not limited to, costs associated with consultants, administrative staff, equipment, software and other associated expenses.

(C)

Limitations on Expenditure of Funds Collected. For purposes of this article, the City limits of Port St. Lucie shall constitute a single benefit district to ensure that payers of the law enforcement impact fee receive benefit of funds collected, consistent with the requirements of Florida case law on impact fees. To enable the City to comply with this requirement, all funds collected shall be maintained in an interest bearing separate accounting fund. All equipment-associated manpower will be assigned to the patrol sectors by the chief of police, or his designee, consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2nd 314 (Fla. 1976), Hollywood, Inc., v. Broward County, 446 So. 2nd 606 (Fla. 4th DCA 1983), and Home Builders and Contractors Association of Palm Beach County, Inc., v. Board of County Commissioners of Palm Beach County, 446 So. 2nd 140 (Fla. 4th DCA 1984), cert. denied, 451 So. 2nd 848 Fla. 1984). Said funds shall not be used to repair or maintain any capital equipment or facilities. Funds may be used only for capital costs. All funds collected by the City shall be placed in an interest bearing account until such time as the expenditures authorized by this article will take place. Interest proceeds from these funds will accrue to the law enforcement impact fee separate accounting fund.

(D)

Audits. Audits of the City performed pursuant to F.S. § 218.39, shall include an affidavit from the chief financial officer of the City stating that the City has complied with F.S. § 163.31801.

(E)

Impact Agreement. In lieu of payment of fees as calculated in section 159.04, any applicant for a building permit may propose to enter in an impact fee agreement with the City to establish just and equitable fees or in kind contributions appropriate to the specifics of the development at hand. Such an impact fee agreement may include, but shall not be limited to, provisions which:

(1)

Modify the presumption of impact set forth in section 159.05 by specifying the nature of proposed development for purposes of computing service need generated; providing that the agreement shall establish enforceable means for ensuring that the nature of the development will be substantially as agreed;

(2)

Provide an impact fee which may differ from that set forth in this article; provided that such estimate shall be based on sufficient law enforcement standards and data, in a form acceptable to the City, to demonstrate that a different fee is appropriate;

(3)

Provide a schedule and method for payment of the fees in a manner appropriate to the particular circumstances of the proposed development in lieu of the requirements for payment of the fees as set forth in section 159.04; provided that the City receives acceptable security ensuring payment of the fees prior to the issuance of a building permit. Such security may take the form of a cash bond, surety bond, irrevocable letter of credit, or a negotiable certificate of deposit. Liens or mortgages on lands to be covered by the building permit are not acceptable. Any agreement proposed by a developer pursuant to this section of this article must be approved by the City Council prior to the issuance of the building permit. On favorable recommendation by the City Staff, the City Council may approve such agreements only if it finds that the agreement will apportion the burden of new capital equipment and facilities in a just and equitable fashion.

(Ord. 89-134, passed 12-11-89; Am. Ord. 99-20, § 5, 4-26-99; Ord. No. 13-27, § 2, 5-28-13)

Editor's note

Ord. No. 13-27, § 2, adopted May 28, 2013, amended the title of § 159.05 to read as set out herein. Previously § 159.05 was titled presumptions, limitations, agreements, and security for review requirements.