Florida HBA Wins School Impact Fee Case that has Statewide Significance
The HBA of West Florida recently won final summary judgment in a long-running case challenging the methodology of a new ordinance in Santa Rosa County, Fla., that levied school impact fees of $5,000 on each new home permitted in the county, $4,000 for each mobile home, and $2,750 for each multi-family unit.
The HBA of West Florida and a group of 11 residential builders and developers challenged the impact fees when they went into effect in 2020, winning a temporary injunction.
The main issue was the disregard the county showed to the geographical and socio-economic differences in the county when formulating the fees. Santa Rosa County is large, stretching from the Florida-Alabama border to the Gulf Coast. Home values along the coast are much higher than in the northern part of the county and the population is growing rapidly along the coast.
But the ordinance would have allowed impact fees collected on new homes built in the northern part of the county to be used to fund schools in the southern part, even though residents in the north received no real benefit.
Circuit Court Judge Darlene Dickey cited the county and school board’s failure to establish the state-mandated “rational nexus and proportionately” standards, which restrict the use of new impact fees to the capital facilities needed to address the impact of a new development. She also noted that the methodology used to establish the fee ignored important geographic and demographic details, did not utilize the most recent and localized data, and contained numerous mathematical errors and inconsistencies.
Ken Bell, counsel for HBA of West Florida and the builders, applauded the decision, noting, “Forcing someone struggling to afford a new mobile home in Allentown to pay a $4,000 'user fee' so that others in Navarre or Gulf Breeze may have a new school is clearly not a ‘user fee’ but an unlawful tax. The School Board may need to raise additional revenue to build new schools, but it must do so legally.”
HBA of West Florida Immediate Past President Blaine Flynn of FlynnBuilt, LLC, called the court's decision a victory for home buyers, adding: “This legal challenge is about accountability. Filing a lawsuit is the last thing we wanted to do but we had no other option after the former superintendent of schools didn't listen to us when we expressed our concern that their ordinance was flawed and incorrect.”
David Peaden, the executive director of the HBA of West Florida, noted the potential statewide significance of the ruling. “A county can no longer levy ‘one size fits all’ impact fees,” he said. “They must take into account if a person living in the north end of a county gets a direct benefit from an impact fee being used to buld a school in the south end.”
In addition to declaring the impact fees “invalid and unenforceable,” Judge Dickey ordered the county to pay costs, fees, and "other such relief,” including $495,000 to builders who paid the impact fee before the injunction.
HBA of West Florida was awarded a grant from the NAHB Legal Action Fund at the beginning of the case.
Latest from NAHBNow
Stay informed on the issues shaping the housing industry by reviewing the monthly update talking points. The latest edition includes messages on trade issues and market conditions.
Join NAHB for a week of inspiring events and learning opportunities that showcase the achievements of women the industry. PWB Week will also highlight our efforts to promote, train, advance and recruit more women into the field.
Latest Economic News
U.S. house prices continued to rise in the second quarter of 2026, with most states and metropolitan areas recording annual gains. Elevated borrowing costs and affordability constraints remained important headwinds, while limited housing supply continued to support prices in many markets, particularly across parts of the Midwest and Northeast.
The number of open positions in the construction sector increased in July per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down from three years ago due to declines in construction activity, particularly in housing.
Home building trends diverged across geographies in the second quarter of 2026. According to the Home Building Geography Index (HBGI), single-family construction declined in nearly all geographic categories, although the contraction eased in most markets from the first quarter.