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 Osceola County
 Code of Ordinances
 Chapter 24. IMPACT FEES
 Article I. GENERAL PROVISIONS

  § 24-5. Refund of impact fees paid.  

Latest version.

  • The impact fees collected shall be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the seventh anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

    (1)

    The then current owner shall petition the county, or the school board if requesting a refund of the educational system impact fee, for the refund at least three (3) calendar months prior to the end of the fiscal year immediately following the seventh anniversary of the date of payment of the impact fee.

    (2)

    The petition for refund shall be submitted to the impact fee coordinator, or the superintendent if requesting a refund of the educational system impact fee, and shall contain:

    a.

    A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the impact fee was paid;

    b.

    A copy of the dated receipt issued for payment of such fee, or such other record as would indicate payment of such fee; and

    c.

    A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill.

    (3)

    Within three (3) months from the date of receipt of a petition for refund of an impact fee, the impact fee coordinator, or the superintendent if requesting a refund of the educational system impact fee, shall advise the petitioner and the board, or the school board if requesting a refund of the educational system impact fee, of the status of the impact fee refund request, and if such impact fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner, with interest paid at the average net interest rate earned in the applicable impact fee trust account during the time such refunded impact fee was on deposit. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

    (4)

    In the event that a legal challenge is filed in connection with the payment of the educational system impact fee, the seven year period referenced in subparagraph (1) shall not begin to run until completion of the associated litigation and appeals.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15)