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5 <br />authorized by this act may be recovered in a civil action <br />in the nature of debt including an award of reasonable <br />attorney fees as part of costs. <br />SECTION 5. Rates. Orange County shall establish annually at the <br />time of the adoption of its annual budget the tax rate to be levied per <br />square foot of dwelling space and per square foot of commercial <br />building enclosed floor space for the ensuing fiscal year. Different <br />tax rates may be established for different types of dwelling units and <br />different types of commercial building enclosed floor space. <br />SECTION 6. Provisions for repeal of other local acts, <br />disclosure requirements and effective date. <br />(a) Orange County may repeal all or part of an ordinance <br />pertaining to a system of impact fees to provide for capital <br />improvements to public schools within Orange County, adopted pursuant <br />to Sections 17-18.1 of Chapter 460 of the 1987 Session Laws and Chapter <br />324 of the 1991 Session Laws. With respect to an ordinance pertaining <br />to a system of impact fees to provide for capital improvements to <br />public schools within Orange County, Orange County may not adopt an <br />ordinance pursuant to Sections 17-18.1 of Chapter 460 of the 1987 <br />Session Laws and Chapter 324 of the 1991 Session Laws while an <br />ordinance adopted pursuant to this act is in effect. <br />SECTION 7. Disclosure Requirements. Whenever the sale of real <br />property located in Orange County involves new construction, the seller <br />shall prepare and sign, and the buyer shall receive and sign, a <br />disclosure statement. The disclosure statement shall either be included <br />in a contract of sale or contained in a separate document executed <br />prior to the execution of a sales contract. This disclosure statement <br />shall fully and completely disclose that the owner of the property at <br />the time an occupancy permit issued for the new construction or, if no <br />occupancy permit is issued, the date the new construction is occupied, <br />may be subject to a tax levied by the County on the impact of land <br />development. If a seller fails to make such a disclosure and the buyer <br />suffers injury as a result of the seller's failure to disclose, the <br />seller shall be liable to the buyer to the extent of the buyer's <br />injury. <br />SECTION 8. Refunds. If this act or any ordinance adopted under <br />this act is declared to be unconstitutional or otherwise invalid, by a <br />final decision of a court of competent jurisdiction, then any impact <br />taxes collected under this act shall be refunded to the person paying <br />them together with interest at the same rate paid by the Secretary of <br />Revenue on refunds for tax overpayments. <br />SECTION 9. Limitations on Actions. <br />(a) Any action contesting the validity of an ordinance <br />adopted under this act must be commenced not later than nine months <br />after the effective date of such ordinance. <br />(b) Any action seeking to recover an impact tax must be <br />commenced not later than nine months after the impact tax is paid. <br />SECTION 10. This act applies to Orange County only. <br />SECTION 11. This act is effective when it becomes law. <br />