Exactions

Question 1

Exaction - What connection required?

Answer 1

Connection b/w the
🔸Ex & his anticipated needs
🔸New developmt & his capital improvements
———–
1. Reas connection b/w required exaction & anticipated needs of the community due to the impacts of the new development
AND
2. Reas connection b/w impacts of new development & the capital improvements being funded by the exaction.

Question 2

Give an example of an exaction becoming a taking?

Answer 2

Requiring developer to dedicate land to the LG either
- w/o compensation or
- w/o a determinable amt of comp,
would be an unconstitutional taking.

Question 3

What must LG show to justify its exactions?
(FS §70.45)

Answer 3

to justify the exact Purpose must Connect the Data
———–
1. Has a public Purpose
2. Connection [Ex/Antic Needs + New/Improve]
3. Amt is based on best and most recent localized Data.

Question 4

Ripeness doctrine

Answer 4

O must avail all reasonable administrative remedies
But no futile apps.
Ex. if LG possessing the property, just sue.

Question 5

When can O bring suit, re: exaction?
§70.45(2)

Answer 5

your exact suit is Finally Imposing
———–
Actions cannot be brought until:
1. The exaction is actually imposed
OR
2. Is required in writing as a final condition of approval for the requested use of the property.

Question 6

Dfn. of the requirement “Imposed” - New 2021

Answer 6

Time at which O must comply w/ prohibited exaction.

Question 7

What must exaction amt be based on? [requirement added by 163.31801(3)]

Answer 7

Exaction amt must be based on best and most recent localized data.

Question 8

Exaction timeline of O-LG interaction.

Answer 8

Exact + 180 days to notice LG
Notice + 90 days to sue.
———–
O has to wait 90 - 270 days to file!

Question 9

Are costs + attorneys’ fees awarded?

Answer 9

MUST, if LG has no nexus.
Yes, if Prevail.
———–
Prevailing party may recover.
If court determines exaction lacks essential nexus to a legitimate public purpose, the court MUST award costs + AF to O.

Question 10

Does sovereign immunity protect?

Answer 10

No - waived!

Question 11

Can LG’s response to O be used against it in Court?

Answer 11

Limited YES. Use for award of attorney’s fees.

Question 12

What are specifically exempt from being an exaction & Bert Harris claims?

Answer 12

Impact fees.
Non-ad valorem assessments.
+
1995 METS
pre-1995, flood Maps, Em Dom of transp; Transp facilities