Construction fees in Florida
This state has a general impact fee enabling act. Local governments here charge under a statewide statute, which means there are written limits on what can be charged, how it must be calculated and when it must be refunded.
Fla. Stat. § 163.31801
Guiding standard in the act: rational nexus (from case law, not the statute). That phrase is the ceiling on what may be charged, and it is the cheapest argument a fee payer has.
Your fee stack in Florida
Answer four things and get the list of every body that can bill this project, what each one is allowed to charge for, and the rights your state's law gives you before you pay.
What Florida says about your project
Florida's statute is not really an enabling act. Local authority came from the courts first, and the legislature has been adding restrictions ever since.
The 2021 amendment (HB 337) is the one that matters to a builder's budget: an increase under 25% must be phased over two years, an increase of 25-50% over four years, no increase above 50% in four years, and fees may generally be raised only once every four years.
The burden of proof in a challenge sits on the local government, and courts are told not to apply a deferential standard. That is close to unique in the country.
The dual rational nexus test from St. Johns County v. Northeast Florida Builders is the governing standard: a connection between growth and the need, and a connection between the spending and the benefit to the payer.
What the fees may pay for
10 of 10 facility categories are eligible here. A charge for anything not on this list is resting on some other authority, and that is a fair question to ask.
| Facility type | Eligible for impact fees |
|---|---|
| Roads and transportation | Yes |
| Water facilities | Yes |
| Wastewater and sewer | Yes |
| Stormwater and drainage | Yes |
| Parks and recreation | Yes |
| Fire | Yes |
| Police | Yes |
| Libraries | Yes |
| Solid waste | Yes |
| Schools | Yes |
Timing, credits, refunds and waivers
| Provision | What the act says |
|---|---|
| When the fee may be collected | building permit |
| Waivers expressly authorized | schools; affordable housing |
| Notice before a new or increased fee | 90 days |
| Administrative share allowed | actual cost |
What to do next in Florida
- Confirm whether your parcel is in a city or unincorporated, then pull the taxing district list from the assessor's record. Why that list is the real fee list.
- Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
- Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
- Pay under protest if you intend to dispute anything at all. What that preserves.