Resolution 129-1995
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Mayor Shirley Freeman
"95 APR 27 P 1 :00
J/\l.!hRESOlUTlON NO. 129 -1995
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A ~l~~~~Ll1fN~~;Y' 13Ft. THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
URGING THE MONROE COUNTY LEGISLATIVE
DELEGATION, THE FLORIDA SENATE, THE FLORIDA HOUSE
OF REPRESENTATIVES AND THE GOVERNOR OF THE STATE
OF FLORIDA TO PRESERVE THE FULL AND COMPLETE
HOME RULE AUTHORITY OF LOCAL GOVERNMENTS TO
IMPOSE IMPACT FEES BY OPPOSING LEGISLATION
RESTRICTING OR LIMITING LOCAL GOVERNMENT USE OF
IMPACT FEES.
WHEREAS, Section (1) of Article VIII of the Florida Constitution, as
implemented by Sec. 125.01, Florida Statutes, was intended to enlarge the power
of counties to govern themselves through home rule, and state intervention in the
area of impact fees would be inconsistent with this important constitutional right:
and
WHEREAS, in respect of the home rule principle, the authority of local
governmental to impose impact fees has been firmly established in caselaw to
help fund the cost of providing facilities and services necessitated by growth and
development: and
WHEREAS, impact fee revenues are critical to funding local government
growth management plans, particularly in this critical transition period from plan
development to plan implementation: and
WHEREAS, impact fees are imposed to assure that growth and
development pay its own way rather than having these costs shifted to current
residents; and
WHEREAS, impact fees by their very nature do not lend themselves to
standardization and uniformity in design and application; and
WHEREAS, Monroe County finds its current and proposed impact fee
ordinances are effective and legally sustainable without benefit of state-imposed
requirements and conditions; and
WHEREAS, Monroe County has developed and implemented local impact
fee ordinances for transportation, parks, libraries, solid waste facilities, police
facilities and affordable and employee housing; and
WHEREAS, impact fee legislation would likely generate additional rounds of
costly litigation to defend both existing and future ordinances; and
WHEREAS, state-imposed impact fee regulations could force local
governments to hike property taxes to pay for facilities and services demanded
by the ever-growing numbers of new residents and presently funded through
impact fees; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. The Board of County Commissioners of Monroe County,
Florida, urges the Monroe County Legislative Delegation, the Florida Senate, the
Florida House of Representatives, and the Governor of the State of Florida, to
preserve the full and complete home rule authority of local governments to
impose impact fees by opposing legislation restricting or limiting local
government use of impact fees.
Section 2. The Clerk of the Board is hereby directed to forward certified
copies of this Resolution to the Monroe County Legislative Delegation, the
President of the Florida Senate, the Speaker of the House of Representatives, and
Governor Lawton Chiles.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the
18th day of
April, 1995.
Mayor Freeman
Mayor Pro T em London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
yes
~
not~ent
~
~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~~ c. ~J4~
,
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
cS~J;'
By ,J~
ayor/Chalrman
b/res/impfees.doc