NASSAU COUNTY, Fla. – Nassau County officially responded on Monday, days after Florida Attorney General James Uthmeier spoke out against the county’s bid to substantially increase impact fees and questioned how Uthmeier arrived at his position.
Uthmeier said the area’s recent population growth doesn’t qualify as “extraordinary circumstances” needed to exceed state limits for impact fees.
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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.
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.
Nassau County said in a statement that it prepared a study to detail the reason behind the hike.
“Nassau County has long recognized that extraordinary circumstances must be supported by a broader and more comprehensive analysis of real-world infrastructure demands, costs, and measurable impacts on public infrastructure. This recognition is why Nassau County prepared an Extraordinary Circumstances Demonstrated Needs Study that identified and evaluated several key factors that, when viewed collectively, created the extraordinary circumstances justifying impact fee recalibration consistent with Florida Statutes: overall population growth; population growth exceeding University of Florida Bureau of Economic and Business Research (BEBR) projections; increased permitting activity; significant land value increases; ballooning construction/infrastructure costs; and higher levels of service for citizens—all occurring during Nassau County’s transition from a rural county to a county with small urban designated areas," the county wrote in a statement. “Based on a review of the letter requesting the Attorney General to render an opinion on Nassau County’s impact fees, it appears the Attorney General was responding to a hypothetical question posed by a Representative, who represents portions of Volusia, Lake, and Marion counties. While the hypothetical situation does reference Nassau County, the question put forward to the Attorney General was not based on Nassau County’s Extraordinary Circumstances Demonstrated Needs Study.”
Nassau County officials said they conducted an “open, transparent, and engaged process” over the last year that resulted in the adoption of “properly calibrated impact fees.”
To read the county’s entire response, click here.