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Town attorney outlines voting rules, warns increases could be challenged
Summary
Montverde's town attorney told councilmembers that adopting the proposed fee increase would require two-thirds of the council and that any increase "can always be challenged," underscoring the legal constraints under Florida statute.
During the April 23 workshop, Town Attorney Anita Geraci-Carver explained the statutory mechanics for exceeding the phase-in limitation on impact fees, telling the council that the relevant statute requires a two-thirds vote and that, in this council's case, that means "three (3) out of the four (4) council members would have to vote in favor."
Geraci-Carver also said the fee increase could be legally challenged even where the town follows the required process. Councilmembers pressed on process questions, including whether to phase increases incrementally or adopt the full recommendation; Geraci-Carver recommended full adoption based on the consultant's analysis but acknowledged the legal risk of challenge.
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