Media Relations

Through an active media relations program, the Florida Association of Counties strives to build and maintain strong relationships with members of the media. In the world of county government, important issues can arise and transform rapidly. As such, a strong communication network between the association and the media helps to ensure fair and informed coverage of county-related issues.

Media inquiries may be directed to Communications Director Cragin Mosteller at (850) 922-4300 or cmosteller@fl-counties.com. County officials are also encouraged to send their news and updates to the association.

After hours media inquiries should be directed to Cragin Mosteller at (850) 294-9307.

Latest Release

MEMO

TO: Interested Parties
FROM: Cragin Mosteller, Communications Director, Florida Association of Counties
RE: Local governments filed suit regarding HB 227 (2009) relating to Impact Fees
DATE: February 10, 2010

Today, the Florida Association of Counties, the Florida League of Cities, the Florida School Boards Association, and nine counties (Alachua, Collier, Lake, Lee, Levy, Nassau, Pasco, Sarasota, and St. Lucie) filed suit challenging HB 227 (2009) relating to impact fees, arguing that the bill is an unconstitutional unfunded mandate and that it violates the separation of powers provision of the state constitution.

The bill shifts the burden of proof when local government impact fees are challenged in court and heightens the standard of that proof. The bill further prohibits the court from using a deferential standard in reviewing the challenged impact fees. These significant changes allow the judiciary to act as a legislative body, second guessing policy decisions of local law makers.

These local governments are asking the court to declare the law unconstitutional and void because the Florida Senate failed to achieve a 2/3rds vote, making the bill a law that cannot be enacted under Article VII (unfunded mandate) and the law also appears to violate the separation of powers provisions of the state constitution.

In addition to being unconstitutional, the bill will have a detrimental effect on local governments and local taxpayers around the state. The law will increase the prevalence and cost of litigation while also stifling creative but reasonable customized features to an impact fee program, like exempting categories of property from fees. Impact fees are designed so that new growth, not existing residents, pay for new infrastructure that is needed to accommodate the new growth. The elimination of a deferential standard in court allows the judiciary to second guess decisions already made by citizen elected county commissions and city councils. Finally, the fact that the bill failed to achieve a 2/3rds vote in the Senate is infringement of the constitutional protections from for local taxpayers unfunded mandates.

Links to available documents:
• Law Suit
• HB 227 (2009)

Advocacy Letters
7/23/09 To: PSC Re: Rates
7/20/09 To: FWC Re: Captive Wildlife
5/20/09 To: Gov. Crist Re: Veto SB 216
5/15/09 To: Gov. Crist Re: Veto SB 360

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Leadership Bios
Rodney J. Long, President
Ilene Liberman, President-Elect
Doug Smith, 1st Vice President (Link to be added shortly)
Bill Williams, 2nd Vice President
Susan Latvala, Immediate Past President (Link to be added shortly)
Chris Holley, Executive Director
John Wayne Smith, Legislative Director
Virginia Delegal, General Counsel