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Florida Impact Fee Act Sent to Governor

June 15th, 2006

GOOD NEWS ALERT!

ATTENTION ALL DEVELOPERS/BUILDERS!

 

Florida Impact Fee Act

Sent to Governor 6/7/2006!

 

The Florida Impact Fee Act, as part of Senate Bill 1194 (the “Act”), was sent to the Governor’s office on June 7, 2006. The Governor has approved the Act and it is effective now. The legislation imposes new hurdles and certifications for local governments that want to impose or change development impact fees (“DIF”). DIF may be imposed by local government to pay for the cost of additional public facilities required by new development.

The main points of the Act are as follows:

·        Require calculation of the DIF to be based on the “most recent and localized data”

·        DIF revenues and expenditures must be kept in a separate (special revenue) “accounting fund”

·        Limit administrative expenses to “actual costs”

·        Audit of the local government must also have a separate signed affidavit certifying compliance with the Act

 

Why is this “Good News” for Developers?

 

The Act provides grounds to challenge new DIF. Under the Act, builders/developers can demand a review of how current impact fees are used and calculated. An evaluation of the local government’s books can determine whether the local government is calculating and using DIF appropriately. Evaluation of the proposed DIF program must be based on

 

·        “Recent and localized” data based on agency specific needs and standards

·        Administrative fees limited to “actual costs”

·        Segregated collection and expenditure of impact fee revenue

 

What can DPFG do to help Developers/Builders benefit from the new ACT?

 

As your consultant, DPFG can effectively and efficiently evaluate the appropriateness of DIF being imposed on your project, and dissect and review DIF revenues and expenditures.  Our efforts in engagements in this area has resulted in significant reduction in DIF for our developer and builder clients and reduced their project costs.

 

For further information, please contact Maik Aagaard (maik.aagaard@dpfg.com) or Gregg Pavitt (gregg.pavitt@dpfg.com) at 407-644-4381.

 

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