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Governor DeSantis Signs Law Limiting Increases to Impact Fees

June 07, 2021

By: Rebecca Rhoden & McGregor Love

Late last week, Governor DeSantis signed into law a bill that limits the extent to which local governments may increase impact fees imposed on builders and developers. Impact fees help pay for infrastructure needed to support a proposed development. For each infrastructure category, impact fee rates vary based on the type of development.

The new law places certain limits on increases to impact fees, including:

  • Impact fees may only be increased once every four years;
  • Impact fees may be increased by no more than 50%;
  • Increases between 25% and 50% must be phased-in over four years in four equal installments; and
  • Increases less than 25% must be phased-in over two years in two equal installments.

Local governments may only exceed these impact fee limits if they demonstrate that there are “extraordinary circumstances requiring the additional increase.” The law includes a provision that retroactively limits impact fee increases made since January 1, 2021.

The new law comes on the heels of Orange County’s recent change to school and transportation impact fee rates that would constitute increases of more than 150% for some categories. On March 23, 2021, the county approved two ordinances that would make the increases effective on June 27, 2021. The county has not yet made a decision on whether it will move forward with the impact fee increases in light of the new law.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Rebecca

Rebecca Rhoden focuses on commercial litigation, land use litigation, litigation relating to the Fair Housing Act, eDiscovery, appellate law and family and marital law.


In her practice, Rebecca routinely represents private and public clients in matters including commercial, land use, trade secrets, employment, breach of contract, commerce clause, and divorce and prenuptial agreement disputes, among others.

Rebecca has provided developers and clients with legal counsel and representation in Section 70.51 mediations. Her experience in land use and environmental dispute resolutions offers a unique benefit to clients navigating the alternative dispute resolution process following denial of a development order, zoning approval and other land use matters around the state.

Prior to joining Lowndes, Rebecca practiced in New York City with a large international firm, primarily in the area of securities litigation.

McGregor

McGregor Love assists clients with entitling projects for commercial, residential, industrial, office, and mixed use.


McGregor works with local governments and other regulatory authorities to address the needs of clients related to environmental permitting and compliance, zoning, comprehensive plans, concurrency, site plan approval, variance and waiver requests, due diligence, and property rights. As a member of the firm’s Renewable Energy Group, McGregor assists clients with permitting and development in the growing renewable energy industry. 

With a background in land use and business litigation, McGregor previously worked for other law firms where he focused on the representation of Florida businesses and business investors.

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