Impact Fees (in-order) (for out-of-order, see finance) Flashcards
Why are impact fees imposed?
To offset the cost of new development on existing facilities.
What 3 things are required for justify an impact fee?
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.
As a form of exaction, what 2 connections must LG demonstrate for a valid impact fee?
Connection b/w the
🔸Ex & his anticipated needs
🔸New developmt & his capital improvements
———–
1. Reas connection b/w required impact fee & 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 impact fee.
For what facilities are impact fees usually imposed?
Water and sewer facilities, road facilities and parks and recreational facilities.
Have impact fees been upheld for anything outside water, sewer, roads + parks?
Florida Supreme Court has upheld impact fees for education facilities,
BUT
Used home rule power analysis, rather than comparing impact fees to user fees as in prior cases.
IMPACT FEE ----------- New 2021 - ----------- What are the 4 new restrictions on LG's ability to increase impact fees?
IMPACT FEE ----------- New 2021 - ----------- Retroactive to January 1, 2021: From date adopted: 1. Increase 0-25% in 2 equal annual installments; 2. Increase 25-50%, 4 equal installments; 3. Cannot exceed 50% of current; and 4. Increase only every 4 yrs UNLESS a) Demonstrated-need study justifies; b) Extraordinary circumstances; c) 2 publicly noticed workshops, & d) Adopts by 2/3 vote.
IMPACT FEE ----------- New 2021 - ----------- What are the repercussions of new definitions of "infrastructure” and “public facilities."
IMPACT FEE ----------- New 2021 - ----------- Impact fees may be utilized only for: (a) Fixed capital expenditures or (b) Fixed capital outlays for major capital improvements.
IMPACT FEE ----------- New 2021 - ----------- Can LG increase impact fee retroactively?
IMPACT FEE ----------- New 2021 - ----------- No.
IMPACT FEE ----------- New 2021 - ----------- Who must give impact fee credits?
IMPACT FEE ----------- New 2021 - ----------- Special districts, in addition to LGs.
IMPACT FEE ----------- New 2021 - ----------- How must impact fees be credited?
IMPACT FEE ----------- New 2021 - ----------- Dollar-for-dollar impact fee credits for impacts on the same public facilities in exchange for other required contributions received (i.e., proportionate share agreement or other exactions).
IMPACT FEE ----------- New 2021 - ----------- What must LG CFO now attest annually?
New 2021 -
———–
1. Collected spent compliant w/ ordinance/resolution,
&
2. Used impact only to acquire, construct, or improve specific infrastructure needs.
IMPACT FEE ----------- MULTIPLE CHOICE ----------- Impact fees can be used by LGs for: (a) renewal and replacement of existing facilities only (b) expansion facilities only (c) any public purpose (d) none of the above
B
not A. think in terms of growth.
What must impact fee be created with?
Best and most recent localized data.
State 4 ways LG must handle its accounting re: Impact Fees.
IMPACT FEE
(1) Provide for accounting & keep $ separate.
(2) Earmark $ for capital improvements for new users.
(3) Can’t $ to pay debt on unrelated projects.
(4) Admin charges = actual costs.
How much profit can LG make in charging for it administration costs, re: impact fees?
None. Admin charge = actual costs.
