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County staff to seek consultant for impact‑fee update; options include multimodal and conservation fees
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Summary
Growth management staff outlined three paths: update within statutory phase‑in limits, commission a demonstrated‑need study to exceed statutory limits (requiring unanimous board approval), or do nothing. The board directed staff to release an RFQ/RFP to engage a consultant to scope the update.
Adam Mingle, Flagler County’s growth management director, told the board on Feb. 9 that an updated impact‑fee study is needed to set rates and consider new fee categories. Mingle reviewed statutory phase‑in rules in the Florida Impact Fee Act and described three choices: increase fees within statutory phase‑in limits, pursue a demonstrated‑need (extraordinary circumstances) study to exceed those limits, or maintain current fees.
"There's a bit of a clock," Mingle said, summarizing legal constraints: increases up to 25% must be phased over two equal annual increments; increases greater than 25% and up to 50% must be phased over four years; and a demonstrated‑need finding to exceed those limits requires local, current data, two public workshops and a unanimous board vote.
Mingle described fee categories peers have used — a multimodal transportation fee, a law‑enforcement and corrections component, public buildings, and a conservation/open‑space fee — and noted that some peer jurisdictions (including St. Johns County and the City of Palm Coast) phased new fees and faced public scrutiny. He said the county could rename or adopt new fee categories with an updated study but that certain new fees would likely need extraordinary‑circumstances justification.
On study cost and procurement, Mingle estimated work could be near $150,000 for a full demonstrated‑need scope but said piggybacking on prior studies could reduce costs. Board members asked for clarity on whether adding fee categories (for example, conservation/open‑space or converting library to a public‑buildings category) requires the demonstrated‑need path; Mingle advised legal review but said staff will advertise a conservative, worst‑case RFP/RFQ so the consultant can advise.
By the end of the discussion the board signaled consensus to move forward with procurement for an updated impact‑fee study and to return with consultant proposals and refined recommendations in coming weeks.
