REALTOR� Magazine - Daily News: "
Fla.: Ruling Sides With Builders on Impact Fees
(November 7, 2005) -- Homebuilders in Florida won a legal victory in October when a circuit court judge ruled against Osceola County�s new $9,708 per unit impact fee. The fee applies to single-family homes, multifamily units, and mobile homes. The judge ruled that the fee overstated the impact new school users (generated by new construction) would have and reduced the fee to $7,608 per unit.
The ruling came on the heels of a September hearing on a motion for rehearing and reconsideration filed by the Florida Home Builders Association and the Home Builders Association of Metro Orlando. Edie Ousley, FHBA�s public affairs director, says the group is pleased with the judge�s ruling but is still concerned about a statewide trend toward higher impact fees.
�We had contended for quite some time that it was unfair to in essence charge twice for one fee,� Ousley says. �The judge�s ruling on a motion filed for reconsideration by the FHBA and the HBA of Metro Orlando also will require that the Osceola County officials credit homebuilders $2,100 for fees already paid.� The court will rule on how refunds will be handled on Nov. 17.
Ousley says the revised $7,608 figure for each new home built in Osceola County is still a high price to pay for new development. Because such fees are passed through to homebuyers, schoolteachers, firefighters, police officers, and others could have a hard time finding affordable housing as a result of the increased costs, she says.
�By Bridget McCrea for REALTOR� Magazine Onlin"
