§ 150-43. Disposition of funds.

(a)

Funds collected from multimodal impact fees shall be used for the purpose of preparing and implementing plans and projects that improve the capacity of the surrounding mobility system, including bicycle, pedestrian, transit and automobile uses. Such improvements may be in the form of plans and projects that involve improvements to transportation modes such as transit, pedestrian and bicycle travel as well as roadway expansion or modifications. Such improvements shall be of the type as are made necessary by the new development to support the area mobility network. Plans which are funded from multimodal impact fees shall be prepared by or for a local government and for the purpose of defining appropriate and relevant mobility projects for implementation. A plan must identify at least one project to be included in the local government capital improvement program within three years of completion of the plan, or the funds used for the plan must be returned to the appropriate trust account. Specific projects to receive funds from impact fees collected shall be determined by the elected officials of the jurisdiction from where the funds were collected in accordance with subsection 150-43(e). Priorities for impact fee funded mobility improvements shall be established by the administering jurisdictions' elected officials in compliance with the adopted plans and transportation improvement program of the metropolitan planning organization or local jurisdictions.

(b)

No funds collected under this article shall be used for periodic maintenance, as defined in F.S. ch. 334, as amended.

(c)

Except as provided in subsection (e) of this section, funds shall be used exclusively for mobility improvements or expansions within the multimodal impact fee district from which funds were collected. Funds may also be used for projects located outside the district where they were collected provided the county has notified and received concurrence from all jurisdictions located within the multimodal impact fee district where the funds were collected. Funds shall be deemed expended in the order in which they are collected.

(d)

Fees, both county and municipal share, collected within a community redevelopment or tax increment financing district shall be expended within such district. Parking garages for general public purposes shall be considered eligible transportation improvements within such districts. With the concurrence of the county administrator, appropriate city manager or functional equivalent, the funds collected within a community redevelopment or tax increment financing district may be spent within the primary district.

(e)

Multimodal impact fees collected at the local level shall be held by the collecting jurisdiction until the end of the fiscal year in which collected. At the beginning of each new fiscal year (October 1), one-half of all fees collected, and the accrued interest thereon, less the four percent retained from the total fee collected for administrative costs, shall be forwarded to the board of county commissioners for placement in the appropriate trust account. The remaining one-half shall be deposited in the municipality's multimodal impact fee trust account. All fees must be disbursed, encumbered or refunded by each jurisdiction receiving the fees in a manner consistent with this article.

(f)

Multimodal impact fees collected within each district may be made available for construction of improvements on the state road network in the district.

(g)

Multimodal impact fee funds shall be administered as an independent component of the capital improvement element of the comprehensive plan, as required by F.S. ch. 163. Each fiscal year, the county administrator, respective city managers or functional equivalents shall present to their governing boards the district improvement programs for transportation expenditures. These programs shall assign mobility improvements costs and related expenses to the trust account for specific transportation improvement projects. Monies, including any accrued interest not assigned in any fiscal year, shall be retained in the same multimodal impact fee trust accounts until the next fiscal year, except as provided by the refund provisions of this article. The collecting jurisdiction (either a municipality or the county) shall retain four percent of the fees collected for administrative costs.

(Ord. No. 86-43, § 9, 6-10-86; Ord. No. 88-50, § 6, 11-8-88; Ord. No. 90-88, § II, 12-4-90; Ord. No. 02-98, § 8, 12-3-02; Ord. No. 05-26, § 5, 4-19-05; Ord. No. 16-21, § 9, 3-29-16)