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Condo owner seeks $2,000 refund after late invoice for state-mandated milestone inspection fees
Summary
A Sea Colony condominium representative asked the commission to refund a $2,000 milestone-inspection fee billed 18 months after the inspection; building official said the fee is authorized by a prior commission resolution and is required under an unfunded state mandate and can only be waived by the commission.
Representatives of Saint Augustine Ocean and Racquet Resort told the City Commission on Jan. 6, 2025, that they paid a $2,000 invoice for milestone-inspection permitting fees only after receiving a bill 18 months after the underlying inspection. They asked the city to refund the fee as excessive and to explain why the invoice was sent to a third party rather than to the property owner.
Ludu Woods, speaking for the property, described a timeline: inspections on May 17–19, 2023; an inspection report dated June 30, 2023; and the first notice of a $2,000 fee arriving via CSI on Dec. 6, 2024. The property paid the $2,000 on Dec. 11, 2024, in good faith and requested reimbursement, saying the fee appeared excessive compared with the apparent staff time required to review the report.
Building official Brian Law said the city adopted a fee schedule by commission action (referenced in the meeting as Resolution 23.5) to implement a state milestone-inspection program. He explained the building department is self-funded and that Florida’s regime for milestone enforcement requires the department to collect fees to cover code-implementation work. Law said the invoice timing reflected the need to create a billing profile, difficulties contacting the engineer or property manager after submittal, and that his office enforces fees based on the submission date. He said he lacked authority to unilaterally waive fees and that only the commission can authorize a refund.
Law referenced Florida Statute 553.80 as governing the use of building-department revenue and stressed those revenues must be used for building-code implementation and enforcement; he said staff would be open to returning to the commission if the commission wanted to review the fee schedule after the milestone phase is complete.
Commissioners asked staff to confirm whether other properties were billed late; Law said this property’s submittal occurred after the fee resolution and that the department has had numerous contacts with engineers and attorneys since the milestone program launched. The building official offered to continue direct communications with the property’s representatives, and the commission discussed reviewing the fee schedule once the current phase of inspections is complete.
No formal refund or waiver vote was taken at the meeting; staff said only the commission can authorize a waiver and suggested the property and staff continue discussions and, if the commission wishes, agendize a fee-review item later.
