§ 4-3-171. Impact fees.

(a)

(1) It is hereby found and determined that the district is located in one (1) of the fastest growing areas of Sarasota and Charlotte County [sic] which is itself experiencing one (1) of the highest growth rates in the nation. New construction and resulting popula-

tion growth will place a strain upon the capabilities of the district to provide the high level of professional fire protection and emergency service which the residents of the district pay for and deserve.

(2)

It is hereby declared that the cost of new facilities for fire protection and emergency service should be borne by new users of the district's services to the extent new construction requires new facilities, but only to that extent. It is the legislative intent of this section to transfer to the new user of the district's fire protection and rescue services a fair share of the costs new users impose on the district for new facilities.

(3)

It is hereby declared that the amounts of the impact fees provided for in this section are just, reasonable and equitable.

(b)

No person shall issue or obtain a building permit for new residential dwelling units or new commercial or industrial structures within the district, or issue or obtain construction plan approval for new mobile home developments located within the district, until the development thereof shall have paid the applicable impact fee to the district. The impact fees may be adjusted by the board of commissioners, but only in compliance with the provisions of this act [this article]. The initial impact fees shall be as follows: Each new residential dwelling unit, one hundred dollars ($100.00); new commercial or industrial structures, two hundred dollars ($200.00) up to five thousand (5,000) square feet; and five cents ($0.05) per square foot for each square foot above five thousand (5,000) square feet; new mobile home developments, fifty dollars ($50.00) per lot or permitted space.

(c)

The impact fees collected by the district pursuant to this section shall be kept as a separate fund from other revenues of the district and shall be used exclusively for the acquisition, purchase or construction of new facilities or portions thereof required to provide fire protection and rescue service to new construction. "New facilities" means buildings and capital equipment, including, but not limited to, fire and rescue vehicles and communications equipment. Said fees shall not be used for the acquisition, purchase or construction of facilities which must be obtained in any event, regardless of growth within the district except to the extent that such facilities are attributable to the new construction. The board of fire commissioners shall maintain adequate records to insure that impact fees are expended only for permissible new facilities.

(d)

The impact fees provided herein may be increased annually by an amount not to exceed five (5) percent of the amounts set for the previous calendar year. Any increase proposed for an amount in excess of five (5) percent of the assessments for the previous year shall not go into effect unless approved at a referendum election to be held within the district. The procedure for adjusting impact fees shall be the same as required for the adjustment of assessment rates.

(e)

The violation of any provision of subsection (b) of this section is declared to be a criminal offense and misdemeanor within the meaning of section 775.08, Florida Statutes, and shall be punishable as provided by law. Notwithstanding the criminal penalty provided for herein, the district may obtain an injunction or other legal or equitable relief in the circuit court against any person violating subsection (b).

(Laws of Fla., Ch. 82-381, § 11)