§ 70-77. Trust funds; use of funds.

(a)

Trust funds. There are hereby established separate thoroughfare road impact fee trust funds, one for each thoroughfare road impact fee zone as shown in exhibit A, following this article and incorporated in this article by reference. Subsequent to the adoption of the ordinance from which this article is derived, should any parcel or area of land located within a zone be annexed into a municipality which, at the initial effective date of the ordinance from which this article is derived, was located within an adjacent zone, the boundaries of each zone shall be deemed amended as of the date of annexation so as to include the land annexed within the zone of such municipality. Such amendment of zones shall be for the purposes of this article only and shall not affect any prior payment of fees or expenditure of funds attributable to the annexed property.

(b)

Use of funds; administrative fee.

(1)

Funds collected from thoroughfare road impact fees shall be used for the purpose of capital improvements to and expansion of transportation facilities associated with the thoroughfare system plan. Such improvements shall be of the type made necessary by new development. Final determination of projects to be funded using thoroughfare road impact fee revenues shall be made by the county council.

(2)

No funds shall be used for periodic or routine maintenance as defined in F.S. § 334.03.

(3)

Except as provided in subsection (5) of this subsection, funds shall be used exclusively for capital improvements or expansion within the traffic impact zone from which funds were collected, or for projects in other traffic impact zones which are of direct benefit to the traffic impact zone from which the funds were collected. Funds shall be deemed expended in the order in which they are collected.

(4)

There shall be an transportation advisory committee (TAC) for each impact fee zone shown in exhibit A following this article. The TAC for each zone shall include a representative from each municipality within that zone which is then collecting or has provided for collection of fees prescribed by this article in accordance with subsection 70-76(c). The representative shall be the mayor, a city council or commission member, city manager or administrator, city clerk, city engineer, public works director or city planner or such other staff member designated by the city.

(5)

The county public works service center shall, each fiscal year, prepare a preliminary capital improvement road program to be funded from each thoroughfare road impact fee trust fund. The preliminary road program for each zone shall be presented to the TAC for that zone for its review and comment. Comments of each TAC shall be submitted to the county manager. The county manager after review of such comments, shall present to the county council the proposed capital improvement road program in the capital improvements element of the comprehensive plan, assigning funds, including any accrued interest, from the several thoroughfare road impact fee trust funds to specific road improvement projects and related expenses, along with any TAC comments received. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same thoroughfare road impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this article.

(6)

The county shall be entitled to collect and retain a three percent administrative fee, which is in addition to the fee otherwise owed. This fee is collected to offset the costs of administering this article.

(Ord. No. 86-6, § 106, 6-19-86; Ord. No. 86-11, § I, 8-21-86; Ord. No. 90-2, § I, 6-21-90; Ord. No. 99-28, § VI, 11-4-99; Ord. No. 2003-23, § 1, 12-4-03)