Nassau County Defends Impact/Mobility Fee Increases After Florida Attorney General Opinion

Nassau County officials say their recent increases to impact and mobility fees were legally justified under Florida law and grounded in far more than population growth alone, pushing back against a Florida Attorney General opinion that critics have cited as undermining the county’s actions.

In a formal statement released Monday, the Nassau County Board of County Commissioners said it appreciates guidance from the Florida Attorney General but maintains that its fee increases were supported by “extraordinary circumstances” tied to rapid growth, escalating construction costs, and mounting demands on public infrastructure.

The response follows a recent Attorney General opinion addressing the legal standard for “extraordinary circumstances” when local governments increase impact fees beyond statutory phase-in limits. As previously reported by the Fernandina Observer, the opinion raised questions about whether population growth alone can justify such increases.

County officials stressed that population growth was only one of several factors considered and that Nassau County relied on an extensive Extraordinary Circumstances Demonstrated Needs Study. According to the county, the study evaluated population growth exceeding University of Florida Bureau of Economic and Business Research projections, increased permitting activity, significant land value increases, ballooning construction and infrastructure costs, and higher service demands as the county transitions from rural to more urban development patterns.

“The county has long recognized that extraordinary circumstances must be supported by a broader and more comprehensive analysis of real-world infrastructure demands, costs, and measurable impacts on public infrastructure,” the statement said.

The Board also argued that the Attorney General’s opinion responded to a hypothetical question posed by a state legislator representing areas outside Nassau County and was not based on Nassau County’s specific facts or its demonstrated-needs analysis.

County officials said the fee adoption process unfolded over more than a year and included multiple public workshops and collaboration with developers and homebuilders. The final ordinances incorporated a four-year phased implementation intended to soften short-term impacts on development while ensuring that new growth pays its proportionate share of infrastructure costs rather than shifting those costs to existing residents.

The statement also referenced pending legislation in Tallahassee aimed at clarifying the definition of “extraordinary circumstances.” Nassau County officials said their methodology aligns with proposed bills that would require multiple criteria — not population growth alone — to justify higher impact fees.

County Manager Taco Pope said the goal of the impact fee program is to protect existing residents while responsibly managing growth. He pointed to rising costs across all sectors, noting that the estimated cost to replace a fire station has increased from about $2 million in 2020 to $4.3 million today.

Board Chair Alyson McCullough said the county remains committed to transparency and compliance with state law. “We will continue to follow Florida law, follow the data, and put Nassau County residents first,” she said.