§ 8.7-17. Medical office facilities impact fee mitigation program.

A.

To be eligible for a medical office facilities impact fee mitigation, the capital facilities impact construction must meet the following requirements:

1.

Qualify as a medical office facility as defined herein, with a commitment to maintain such medical office facility within the county for a minimum of seven (7) years; or

2.

Qualify as an owner of real property upon which capital facilities impact construction is to occur, which facilities shall be leased for an initial term of no less than seven (7) years to a medical office facility that qualifies for a medical office facilities impact fee mitigation under category A.1 above.

B.

Any person seeking a medical office facilities impact fee mitigation shall file an application for mitigation with the county manager, along with an administrative review fee of five hundred dollars ($500.00) for review of the application, prior to the impact fee payment date pursuant to section 8.7-11 for the subject capital facilities impact construction. The application shall contain:

1.

A designation of the capital facilities impact construction for which the application is being submitted, including a current and complete legal description of the property upon which the medical office facility is proposed to be located;

2.

The name and address of the owner of the property upon which the medical office facility is proposed to be located;

3.

Proof that the capital facilities impact construction will be for a medical office facility that will accommodate additional practicing physicians in Polk County, Florida, for a minimum of seven (7) years;

4.

A notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection B.1 or B.2 above will be met within one year of the date the certificate of occupancy is issued; and

5.

Other necessary information as determined by the county manager.

C.

Any applicant or owner who submits an application for medical office facility impact fee mitigation pursuant to this section and desires the immediate issuance of a certificate of occupancy prior to approval of the application shall pay prior to the issuance of the certificate of occupancy the impact fees imposed herein. Any difference between the amount paid and the amount due, should the county manager approve and accept the application, shall be refunded to the applicant or owner.

D.

If the capital facilities impact construction qualifies under subsection B.1 or B.2 above, either the medical office facility or the owner, but not both, shall be eligible to receive a medical office facilities impact fee mitigation in the amount of fifty (50) per cent of the total impact fees. No more than one impact fee mitigation may be granted for each capital facilities impact construction.

E.

If the county manager finds that the capital facilities impact construction meets the requirements provided herein for mitigation, the county manager shall bring an impact fee mitigation agreement to the board, which shall contain, but not be limited to, the Polk County impact fee mitigation application for medical office facilities and any other documents as requested by the county manager. The impact fee mitigation agreement shall be recorded in the public records of the county and shall include provisions imposing a lien on the capital facilities impact construction in the amount of the impact fees mitigated pursuant to the agreement for a period of seven (7) years. Such lien shall have priority over all other liens except for first mortgages, taxes and other governmental liens and assessments. In lieu of imposition of a lien for a period of seven (7) years, and with the concurrence of the county manager, the applicant may post an irrevocable letter of credit payable by a financial institution, acceptable to the county, to ensure payment of the impact fees in the event the property no longer qualifies for the medical office facilities impact fee mitigation during the seven-year period. The irrevocable letter of credit shall contain no conditions upon the obligation of the issuer for the payment of the principal amount and any interest due thereon.

F.

The amount of the impact fees shall not be increased to replace any revenue lost due to the medical office facilities mitigation program.

(Ord. No. 18-048, § II(2.07), 7-24-18)