What Is HeinOnline?
HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
Already a HeinOnline Subscriber?
Log In
![handle is hein.sag/sagfl0116 and id is 1 raw text is:
JAMES UTHMEIER
1 Home > 28083
View PDF
IMPACT FEES INCREASE
Number: AGO 2026-01
Issued January 14,2026
The Honorable Richard Gentry
Unit 108
275 South Charles Richard Beall Boulevard
DeBary, Florida 32713
Dear Representative Gentry:
This office received your letter, dated December 17, 2025, requesting a legal opinion on a question of
Florida law.__ You ask substantially the following question: whether Nassau County's 17% population
increase over the previous five years qualifies as extraordinary circumstances under section 163.31801,
Florida Statutes, to authorize the assessment of impact fees in excess of the statutory cap.
In short, my answer to your question is no. The steady, albeit heightened, increase in population of 17%
over the previous five years does not qualify as extraordinary circumstances under the exception found
in section 163.31801 for exceeding the statutory cap on impact fees.
ANALYsIs
Impact fees are imposed by local governments to fund infrastructure needed to expand local services to
meet the demands of population growth caused by development.[2] Section 163.31801(6), Florid-
Statutes, provides certain limitations on impact fee increases proposed by governing authorities ;se](ViewImageLocal?handle=hein.sag/sagfl0116&div=1&collection=&method=preview&ext=.png&size=3)