§ 33K-13. Refund of impact fees paid.

(a)

The following shall apply upon expiration or revocation of a building permit.

(1)

If a building permit within Miami-Dade County encompassing feepaying development expires or is revoked, if an error in the impact fee calculation is discovered, or if the feepayer has paid impact fees in excess of the amount required in this chapter, then the feepayer shall be entitled to a refund of the impact fees paid or the appropriate portion thereof, without interest, from the County Planning and Zoning Director, except that the County Planning and Zoning Director may retain any convenience fees and the administrative cost portion of the fee for the administration of the impact fee calculation, collection, and refund. If the County Planning and Zoning Director has transmitted the impact fee funds to the School Board pursuant to Section 33K-11(b) that are required to be refunded, the School Board shall transmit back the monies to be refunded to the County Planning and Zoning Director.

(2)

In no event shall a refund be provided pursuant to this subsection 33K-13(a), for impact fees deemed expended pursuant to Section 33K-12.

(3)

Funds shall be deemed expended for the purposes of this chapter when a contract or agreement encumbering all or a portion of the payment of said funds shall be approved by final School Board action.

(b)

For the purpose of refunds under this section, monies collected shall be deemed to be spent or encumbered for expenditure on the assumption that the first money placed in the appropriate trust fund shall be the first money taken out of the fund when monies are spent or encumbered.

(c)

No refunds of educational facilities impact fees shall be given for new residential development which results in a negative impact fee computation.

(d)

Any impact fee trust funds not expended by the end of the fiscal quarter immediately following six (6) years from the date that the fee was paid shall be returned to the feepayer by the County Planning and Zoning Director with accrued interest. The feepayer shall be required to submit a written request for refund to the County Planning and Zoning Director before issuance of the refund can be authorized. No refund of educational facilities impact fees shall be provided if the feepayer does not request such a refund prior to the expiration of one (1) year following the six (6) year period from the date the educational facilities impact fee was paid.

(Ord. No. 95-79, § 2(13), 5-2-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 31, 9-3-98; Ord. No. 15-144, § 5, 12-1-15)