Impact Fee Map
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Enabling act · 2006

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.

Statutory citation

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 typeEligible for impact fees
Roads and transportationYes
Water facilitiesYes
Wastewater and sewerYes
Stormwater and drainageYes
Parks and recreationYes
FireYes
PoliceYes
LibrariesYes
Solid wasteYes
SchoolsYes

Timing, credits, refunds and waivers

ProvisionWhat the act says
When the fee may be collectedbuilding permit
Waivers expressly authorizedschools; affordable housing
Notice before a new or increased fee90 days
Administrative share allowedactual cost

What to do next in Florida

  1. 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.
  2. Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
  3. Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
  4. Pay under protest if you intend to dispute anything at all. What that preserves.

Other states

Read this before you rely on anything here. Impact Fee Map describes who is legally allowed to charge new construction, for what, and what a fee payer's rights are under state law. It does not publish fee amounts for any city, county or district, and it never will, because no source keeps thirty-nine thousand local schedules current and a stale number is worse than none. This is not legal advice, not a fee quote and not a substitute for the adopted fee schedule of the bodies with jurisdiction over your parcel. Statutes change; verify against the current text and confirm every figure in writing with the agency that will bill you.