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r -BOOK FEB 22 1994 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 94-41, to the governor and legislature of the State of Florida, in support of preserving county home rule authority to develop and impose impact fees. RESOLUTION NO. 94-41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE GOVERNOR AND LEGISLATURE OF THE STATE OF FLORIDA, IN SUPPORT OF PRESERVING COUNTY HOME RULE AUTHORITY TO DEVELOP AND IMPOSE IMPACT FEES. 91 PAGE 808 � WHEREAS, Section (1) , Article VIII of the Florida Constitution, as implemented by Section 125.01, Florida Statutes, was intended to enlarge the power of counties to govern themselves through home rule, and state inter- vention in the area of impact fees would be inconsistent with this important constitutional right; and WHEREAS, in respect to this home rule principle the authority of local governments to impose impact fees has been firmly established in case law to help fund the cost of providing facilities and services necessitated by growth and development; and WHEREAS, impact fee revenues are critical to funding local government growth management plans, 'particularly in the critical transition period from plan development to plan implementation; and WHEREAS, impact fees are imposed to ensure that growth and develop- ment pay their own way rather than having those costs shifted to current residents; and WHEREAS, Indian River County finds its current and proposed impact fee ordinances are effective and legally sustainable without benefit of state - imposed requirements and conditions; and WHEREAS, Indian River County has developed and implemented local impact fee ordinances for water, sewers, and traffic; and WHEREAS, impact fee legislation would likely generate additional costly litigation to defend both existing and future ordinances; and 40