Future of Florida's School Impact Fees Cast Into Doubt

By Jessica L. Sandham

Striking a blow to some of the state's fastest-growing districts, the Florida Supreme Court has ruled that an adults-only housing complex near Daytona Beach does not have to pay school impact fees because none of its residents are school-age.

Though the immediate reach of the ruling is limited to the specific parties involved in the lawsuit, legal experts say it may hasten the demise of school impact fees statewide—especially when viewed alongside recently-passed legislation that would further limit such fees. Gov. Jeb Bush, a Republican, is expected to sign the measure.

Impact fees, which are levied on home builders but frequently passed on to home buyers, are used by some local governments to help offset the cost of building new schools. In Florida, only 15 of the state's 67 school districts have impact fees. But those 15 counties account for the overwhelming majority of population growth in the state, said Wayne Blanton, the executive director of the...