§ 8.7-52. Legislative findings applicable to correctional facilities impact fees.

In addition to the general findings contained in section 8.7-4 of this chapter, the board hereby specifically ascertains, determines and declares as follows:

A.

The correctional facilities of the county are designed and intended to provide for the detention of persons charged with or convicted of felonies or misdemeanors committed throughout Polk County, including within the boundaries of the cities.

B.

The provision of county correctional facilities is the exclusive responsibility of the county imposed pursuant to Florida Statutes.

C.

Development necessitated by the growth contemplated in the comprehensive plan and the correctional facilities impact fee study will require improvements and additions to the correctional facilities to accommodate the new development generated by such growth and maintain the standards of service adopted by the county.

D.

Future growth, as represented by correctional facilities impact Construction, should contribute its fair share toward the cost of improvements and additions to the correctional facilities that are required to accommodate the impact generated by such growth.

E.

Data collected and maintained by the Polk County sheriff's office demonstrates that incidents resulting in the detention of persons charged with or convicted of felonies or misdemeanors occur on all types of land uses in Polk County. As a result, correctional facilities impact fees should be charged to all residential construction and non-residential construction throughout Polk County.

F.

The board expressly finds that improvements and additions to the correctional facilities of the county funded by the correctional facilities impact fee provide a benefit to all correctional facilities impact construction in excess of the correctional facilities impact fee. The board expressly approves of the level of service for correctional facilities as established in the correctional facilities impact fee study.

G.

The required improvements and additions to the correctional facilities needed to eliminate any deficiencies between the existing correctional facilities and the adopted level of service shall be funded by revenues other than correctional facilities impact fees.

H.

Implementation of the correctional facilities impact fee to require correctional facilities impact construction to contribute its fair share of the cost of required capital improvements is an integral and vital element of the regulatory plan of growth management of the county.

I.

The purpose of this article is to require payment of correctional facilities impact fees by those who engage in correctional facilities impact construction and to provide for the cost of capital improvements to the correctional facilities which are required to accommodate such growth. This article shall not be construed to permit the collection of correctional facilities impact fees in excess of the amount reasonably anticipated to offset the demand on the correctional facilities generated by such correctional facilities impact construction.

J.

The imposition of a correctional facilities impact fee is to provide a source of revenue to fund the construction or improvement of the correctional facilities necessitated by growth as delineated in the capital improvement element of the comprehensive plan.

(Ord. No. 18-048, § V(5.02), 7-24-18)