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What’s Happening

  • On October 1, 2025, the Flagler Home Builders Association filed suit against the City of Palm Coast.

  • The City approved three ordinances—2025-10 (Fire, June 17), 2025-11 (Parks & Rec, June 17), and 2025-12 (Transportation, July 1)—that more than doubled impact fees on new homes.

  • Florida law caps increases at 50% unless a city proves extraordinary circumstances—and Palm Coast’s case doesn’t meet that high bar.

  • Faulty studies gave the City bad information - right down to the basic math.

  • Florida Supreme Court Case Law is clear and these fees are unconstitutional for the citizens of Palm Coast.


What the City Did

Here’s how fees changed for a typical 2,000 sq. ft. home:





                

We support growth paying its way— lawfully, transparently, and with up-to-date data.

Why We’re Suing

  • The Law is Clear: Florida Statute 163.31801: 

  • Caps increases at 50% unless extraordinary circumstances exist

  • Requires the fee payor receive a specific and special benefit 

  • Requires recent, local data to be utilized
  • Only allows for impact fees to pay for new capacity, not previous improvements
  • The fee must provide a unique benefit to those paying the fee
Palm Coast Violated the Statute: None of the noted requirements were made.




Faulty Studies:

  • Transportation: Nue Urban Concepts (April & June 2025)

  • Parks & Rec & Fire: Raftelis (June 2025)
    Used inflated costs and questionable assumptions.

Who Pays the Price: Families, renters, and small businesses. Every $1,000 added to a home prices families out of the market.

It's not just the new buyers: EVERYONE pays for overbuilt road capacity, more parks than people, or otherwise miscalculated fees - we pay in taxes - for our portion of building the infrastructure and then we pay forever in upkeep, also called "legacy costs".




Our Complaint Highlights

  • Over the Cap – 101.7% increase where the max is 50%.

  • No Extraordinary Circumstances – Normal growth does not qualify.

  • Questionable Data – Consultants didn't use local data

  • Double Counting – Fees calculated for existing capital expenses

  • Doesn't Meet the Legal Requirement – The law is clear - and these fees don't match up.


What We’re Asking the Court To Do

  • Stop collection of unlawful fees.

  • Reset fees to lawful, data-supported levels.

  • Require Palm Coast to follow Florida law going forward.

We want the same thing any reasonable person would want from their City - transparency, accountability & legal responsibility.


FAQ 

Q: What’s an impact fee?
A one-time charge on new development to help pay for growth-related infrastructure (like roads). It must be proportionate and legally justified.

Q: Are we anti-infrastructure?
No. We want lawful, transparent funding—so growth pays its fair share without illegal spikes that raise housing costs.

Q: Will fees go to zero?
No. We’re asking for lawful fees based on current, defensible data, not to eliminate growth contributions.

Q: Who benefits from this lawsuit?
Homebuyers, renters, and the broader community—because fair fees keep housing attainable and growth orderly.

A Closer Look

The table above is from the traffic study with the percentage column added. The proposed improvements place a 70% burden on future roadway expansion with no new roads. The study did not identify any unique benefit to the fee payor, nor did they use the most recent, localized data - like the City of Palm Coast Citywide Traffic Count which is performed every two years.

A transportation fee is not inherently wrong - this one is calculated incorrectly and in our opinion, illegally. 



Instead of charging the cost of new personnel ($563,723) times the additional personnel needed through 2035 (33) as shown on line 8, the fee consultant added the existing personnel (74) to the additional personnel (33) for a total of 107 personnel. This is a clear violation of the law because this is double charging for the existing personnel that have already been paid for. 

Red circle added for emphasis.


The above table is from the Parks & Recreation Study. The miscalculation of the fee here is from calculating the existing investment per person and adding that to the planned future investment. The existing investment is derived from the parks & rec that already exist and are paid for. This is a clear violation of the law because it is double charging for capital expenses that have already been paid for.

Highlight added for emphasis.

Source Materials

Below you can view all of the pertinent case materials, including the suit:

 Civil Cover Sheet.pdf

 Complaint.pdf           
 Appendix 1 - List of Exhibits.pdf Appendix 2 - Table of Contents.pdf
 Exhibit A-1 - Fire Impact Fee Ordinance.pdf Exhibit A-2 - Park Impact Fees Ordinance.pdf
 Exhibit A-3 - Transportation Impact Fee Ordinance.pdf Exhibit B - Notice of Violations-Impact Fee Ordinances 8-27-25.pdf
 Exhibit C - FEMA DR-4834.pdf Exhibit D-1 - Fire Impact Fee Final Report 6-09-25.pdf
 Exhibit D-2 - Power Point Fire Impact Fee.pdf Exhibit E-1 - Parks System Impact Fees Final Report 6-09-25.pdf
 Exhibit E-2 - Recreation Impact Fee Fund 5-21-25.pdf Exhibit E-3 - Power Point Recreation Impact Fee.pdf
 Exhibit F-1 - Transportation Impact Tech Report Update June 2025.pdf Exhibit F-2 - Transportation Extraordinary Circumstances Study June 2025 Final.pdf
 Exhibit F-3 - Transportation Technical Report April 2025 FNL.pdf

Exhibit F-4 - Transportation Extraordinary Circumstances May 2025 FNL.pdf

 Let Clerk filing complaint.pdf Summons.pdf
 city motion to dismiss 12-50-26-89.pdf amended complaint for declaratory judgement 12-55-23-321.pdf
 PLAINTIFFS VERIFIED MOTION FOR TEMPORARY INJUNCTION 13-1-6-849.pdf AMENDED PLAINTIFFS VERIFIED MOTION FOR TEMPORARY INJUNCTION 13-1-15-146.pdf
 DEFENDANTS MOTION TO DISMISS PLAINIFFS AMENDED COMPLAINT 13-0-31-381.pdf PLAINTIFFS MOTION FOR SUMMARY FINAL JUDGMENT 13-1-59-365.pdf
 RESPONSE TO MOTION FOR SUMMARY FINAL JUDGMENT 12-59-14-163.pdf PLAINTIFFS RESPONSE TO DEFENDANT CITY OF PALM COAST MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT 12-56-35-633.pdf

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