Sen. Bennett, a developer, wants a larger state role; county officials bristle.
TALLAHASSEE -- The Legislature is once again on the cusp of trying to set a statewide standard for how counties charge developers for the cost of growth.
And once again, it's state Sen. Mike Bennett, R-Bradenton, leading the fight and ticking off the county commissioners in the district he represents.
On Tuesday, the Senate Community Affairs Committee will take up a plan that would set rules for how counties can charge impact fees and how the money generated from the fees can be used. Bennett is chairman of that committee.
While Senate Bill 1196 is considered by most an acceptable compromise between home builders and county officials, Bennett is promising to attach an amendment that is sure to set off county officials. The amendment will require counties to give developers credits for other taxes and fees paid toward new growth, reducing their potential impact fees.
That's a deal-breaker for groups like the Florida Association of Counties. Kristin Vallese, spokeswoman for the association, said counties have made major concessions to developers already and will oppose Bennett if he tries to tack the credit legislation onto the otherwise acceptable bill.
Developers generally pass on the cost of impact fees to home buyers, who also pay property taxes that go toward paying for growth. Home builders argue that that amounts to double taxation for the buyers of new homes.
Developers say counties should give credits to developers when new developments are producing other taxes and fees that offset the cost of new infrastructure.
Bennett said there are other areas where developers should get impact fee credit, like when they pay for road improvements and traffic lights, costs counties would ordinarily pick up.
Counties see such credits as a way for developers to get out of helping pay for the infrastructure needs associated with growth: road improvements, new schools and upgrades to public utilities like water and sewer.
Manatee County Commissioner Joe McClash said Bennett, a developer, is only trying to lower impact fee costs to save himself money on future developments.
"He's a developer catering to his own self-interest," McClash said.
Counties have long fought to keep the state from getting involved in impact fees, saying it's a local government issue. McClash said state legislators always talk about giving more control to local government, but when they get to Tallahassee they try to
ey try to take it away, as Bennett is trying to do with the impact fee rules.
Bennett said he supports impact fees, but not the way they're set up, which he called unfair.
Some counties charge developers impact fees for their new homes, yet use the money on areas that aren't impacted by the new growth, Bennett said. Also, counties often fail to explain the criteria they use in setting impact fees to begin with, he said.
"I think we need impact fees to help pay for growth. I just think there has got to be a fairer way," Bennett said.
Bennett said counties need to do a better job of explaining to residents why impact fees in one county are so much more than another. It doesn't make sense that the impact fee for a new home in one school district can be less than $100 in some places and over $9,000 in others, he said
Sen. Lee Constantine, R-Altamonte Springs, sponsors the bill that goes before the Community Affairs Committee on Tuesday, but Bennett's role is hard to miss. The bill comes from recommendations from an impact fee commission Bennett created last year after failing to pass more stringent impact fee laws.
Bennett said counties can expect to see him come back year after year to set additional rules for impact fees. Eventually, Bennett said he wants laws that ensure home buyers understand how much of their home costs are coming from impact fees.
Bennett said he's considering legislation that would require that those costs to be spelled out when someone buys a home.
No matter how much resistance he gets from county governments, Bennett said he's determined to put his stamp on impact fees.
"We are going to get an impact fee bill this year," he said.
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