§ 23-142. Use of funds.

(a)

Funds collected from roads impact fees shall be used for the purpose of capital improvements to transportation facilities associated with the minor arterial, major collector and minor collector road network in the county as shown in the county comprehensive plan. No funds shall be used for periodic or routine maintenance as defined in sections 334.03(19) and (24), Florida Statutes. Except as provided in paragraph (d) of this section, funds shall be used exclusively for capital improvements within the roads impact fee district from which funds were collected, or for projects in other roads impact fee districts which are of direct benefit to the roads impact fee district from which the funds were collected. Funds shall be expended in the order in which they are collected.

(b)

In the event that bonds or similar debt instruments are issued for advanced provision of road capital improvements for which roads impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph (a) above and are located within the appropriate impact fee district created by section 23-140 of this division, or as provided in paragraph (b) of this section.

(c)

Each fiscal period the county administrator shall, after consultation with participating municipalities and consistent with the provisions of any interlocal agreements made with them, present to the board of county commissioners a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the several roads impact fee trust funds to specific road improvement projects. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same roads impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(d)

The county or participating municipality collecting roads impact fees shall be entitled to retain up to three (3) percent of roads impact fees it collects as an administrative fee to offset the costs of administering this division.

(Ord. No. 86-29, § 10, 10-28-86; Ord. No. 93-8, § 10, 3-25-93; Ord. No. 96-11, § 10, 7-16-96; Ord. No. 97-3, § 10, 7-7-97; Ord. No. 01-18, § 10, 10-23-01)