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GENERAL GOVERNMENT BUILDING IMPACT FEES ISSUES AND LEGALITY

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GENERAL GOVERNMENT BUILDING IMPACT FEES ISSUES AND LEGALITY Powered By Docstoc
					    GENERAL GOVERNMENT
    BUILDING IMPACT FEES
     ISSUES AND LEGALITY
              Gregory T. Stewart
        Nabors, Giblin & Nickerson, P.A.
         1500 Mahan Drive, Suite 200
          Tallahassee, Florida 32308
          (850) 224-4070: Telephone
           (850) 224-4073: Facsimile



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    ‫ ‏‬General Government Building Impact Fees
      -- Also‫‏‬Known‫‏‬as‫“‏‬Everything Else We
      Have Not Imposed A Fee For Already”




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         General Governmental
    • Normally excludes those buildings funded
      by other fees
      – jails
      – fire/EMS facilities
      – parks
      – sheriff stations




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         General Governmental
    • Frequently included in general
      governmental fees
      – general government administration buildings
      – courts
      – parking decks
      – miscellaneous facilities that do not fit in other
        general categories



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            Issues With General
             Governmental Fees

    • Is the need for various governmental
      buildings the same for each development?

    • What is the factor that determines need?

    • What is the standard being established?


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     Collier Building Industry Ass’n
    (CBIA) v. Collier County, Florida

    ‫ ‏‬Summary: Building industry filed suit
      asserting‫‏‬that‫‏‬County’s‫‏‬Government‫‏‬
      Building Impact Fee was an invalid tax



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     Issues Raised in CBIA Case
    • Impact fees being used as a substitute for
      ad valorem taxes (County had lowest
      millage in State)

    • Functional population approach (per 2,000
      square feet) – no relationship to need

    • Methodology ignored deficiencies in
      existing facilities
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       Issues Raised in CBIA Case
                   (Continued)


    • No showing of a need for new
      governmental building from development

    • Apportionment arbitrary (20,000 square
      foot home pays 10 times a 2,000 square
      foot home)


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posted:10/23/2011
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