NASSAU COUNTY, Fla. – Florida Attorney General James Uthmeier is speaking out against Nassau County’s bid to substantially increase impact fees, ruling that the area’s recent population growth doesn’t qualify as “extraordinary circumstances” needed to exceed state limits, according to Uthmeier’s letter.
This comes just under a month after Nassau County Commissioners voted to nearly double countywide impact fees over a four-year period and to raise mobility fees over two years, a move that has upset many local builders and real estate professionals.
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The Attorney General’s opinion, issued Wednesday, responds to an inquiry from Rep. Richard Gentry, R-DeBary, regarding Nassau County’s attempt to raise impact fees beyond statutory caps.
Under Florida law, local governments can only increase impact fees by 50% of the current rate and must wait four years between increases, according to the letter. The county had sought to nearly double its current rates, citing “extraordinary circumstances” due to population growth.
Impact fees are charges imposed on new development to help fund infrastructure improvements needed to accommodate growth.
The Attorney General’s analysis found that Nassau County’s 17% population increase over five years — approximately 3.4% annually — aligns with Florida’s broader growth patterns rather than representing exceptional circumstances.
“We acknowledge that population growth can create strain on local governments’ fiscal responsibilities,” Uthmeier wrote in the opinion. “But passing excessive costs on to home builders — and in turn homeowners — is something that, according to the Legislature, should occur only in ‘extraordinary circumstances.’”
The Attorney General also said, “We caution that the implementation of the increases by Nassau County of almost 100% of the current rate without the requisite justification appears to be a tax disguised as an impact fee.”
News4JAX reached out to Nassau County Commissioners for a comment on the letter.
It’s important to note that Uthmeier’s letter is an opinion and is not binding; it could be used to create a case against the county if a lawsuit is filed.