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County counsel recommends ending impact‑fee study contract amid legal uncertainty over SB 180
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Summary
County counsel told commissioners the DTA impact‑fee consultant will likely miss the one‑year deadline to adopt fees and that state law changes (SB 180) create litigation risk; counsel recommended terminating the contract and directing staff to notify the consultant.
County counsel recommended terminating the contract with DTA, the consultant preparing an impact‑fee study, citing a one‑year statutory deadline for fee adoption and new state law that may make adoption legally risky.
Counsel told the board the study began in June 2025 and by statute the county has one year to adopt any new fees. Given the schedule and the potential for litigation over whether fee increases comply with SB 180, counsel recommended terminating DTA’s contract and instructing staff to issue a notice. Counsel said a separate case in Manatee County is testing whether recent state changes preclude increased impact fees and that preliminary injunctions there suggest substantial litigation risk.
A motion to direct staff to prepare notice and to end the contract was moved and seconded on the floor; transcript excerpts do not show a formal roll‑call tally in the public record excerpt but staff said they would prepare the notice and return with next steps.
