1. INFRASTRUCTURE AND THE LAW:FLORIDA’S PAST, PRESENT AND FUTURE
JULIAN CONRAD JUERGENSMEYER
PROFESSOR AND BEN F. JOHNSON PROFESSOR OF LAW
GEORGIA STATE UNIVERSITY

2. IS FLORIDA OVER?

6. GROWTH MANAGEMENT = INFRASTRUCTURE AVAILABILITY
Golden v. Planning Board of Town of Ramapo, 30 N.Y, 2d 359 (1972).

7. SMART GROWTH =INFRASTRUCTURE + DESIGN
APA “ Smart growth means using comprehensive planning to guide, design, develop, revitalize and build communities for all that have a unique sense of community and place, preserve and enhance valuable natural and cultural resources, equitable distribute the costs and benefits of development, expand the range of transportation, employment and housing choices in a fiscally responsible manner…

8. MAGNA CHARTA

9. MAGNA CHARTA CONTINUED

10. FLORIDA CASE LAW
Hollywood Inc. v. Broward County, 431 So.2d 606 (Fla App. 1983)
St. Johns County v. Northeast Fla. Builders Assn 583 So.2d 635 (Fla. 1991).

11. EVOLUTION OF IMPACT FEES
PREDICTION: USE OF OTHER TERMINOLOGY FOR IMPACT FEES TO ESCAPE VARIOUS JUDICIAL AND LEGISLATIVE RESTRICTIONS
EXTEND IMPACT FEES TO SOCIAL AND GREEN INFRASTRUCTURE
GREATER COMBINATION OF DEVELOPER FUNDING DEVICES

12. DESTIN WORKFORCE HOUSING PROGRAM
1. REQUIRE ON-SITE CONSTRUCTION
2. OFF-SITE CONSTRUCTION
3. CONVERT MARKET TO WORKFORCE
4. “TRANSFER” OBLIGATION TO NONPROFIT
5. PAY FEE-IN-LIEU

13. Impact Fee Enabling Acts And Florida
Over the years many bills introduced but only statutory references until 2006
2006 Fla. Stat
2007 SB 576 – did NOT pass

14. My Proposal I recant – lets adopt an act covering IFs BUT not just IFs
Time has come for a unified and comprehensive statutory approach to Developer provided/funded infrastructure requirements

15. Proposal Cont. Including: Dedication and Construction Requirements
Mitigation Requirements
Required Contributions
Concurrency Requirements
Consistency Standards

16. Federal Role
A Resurrected/Improved National Infrastructure Funding Initiative
Remember Hart Proposal (introduced 4/3/1985)
S.849 Title: A bill to establish a National Infrastructure Fund to provide funds for interest-free loans to State and local governments for construction and improvement of highways, bridges, water supply and distribution systems, mass transportation facilities and equipment, and wastewater treatment facilities, and for other purposes. Sponsor: Sen Hart, Gary W. [CO]      

17. CURRENTLY BEFORE CONGRESS
REBUILDING AMERICA’S INFRASTRUCTURE ACT, HR 3400
NATIONAL INFRASTRUCTURE IMPROVEMENT ACT OF 2007, S775, HR 3538

18. State Role
Formulation and a Enforcement of New Comprehensive Code on a Regional as well as Local Basis
State Infrastructure Funding Program Similar to Federal: To Supplement/Match Federal
To Pay for Existing Deficit and Protect New Development from Disproportionate Share of the Bill

19. Remember Dual Rational Nexus Test
PRONG 1
IMPACT FEES MAY BE NO MORE THAN THE GOVERNMENT’S INFRASTRUCTURE COSTS WHICH ARE REASONABLY ATTRIBUTABLE TO NEW DEVELOPMENT
aka PROPORTIONATE SHARE

20. DRN Test
Prong II
The new development required to pay impact fees must benefit from the expenditure of those fees

21. Difficult Issues Include
Credits
Operation and Maintenance
Benefit Districts/Service Areas
Regional Needs and Coordination

22. Florida: Sunrise or Sunset?