Division of Administrative Hearings, Florida
Filed: Apr. 25, 2005
Whether Respondent’s January 26, 2005 school board vote, adopting the recommendation of Respondent’s Superintendent that a set, single impact fee amount be imposed by the Volusia County Council (the equivalent of the county commission in non- chartered counties) on newly constructed housing in Volusia County, constituted a rule or rule amendment without satisfying applicable due process requirements of Section 120.54(1)(a), Florida Statutes, since Respondent’s existing policy determines the impact fee amount through the impact fee calculation report (defined in Section 70-171 of the Volusia County Ordinance Code as the Volusia County School Impact Fee Update Final Report dated December 2004, prepared by Tindale-Oliver & Associates, Inc., and approved by Respondent) which proposed the adoption of a varying impact fee amount for different types of housing.Respondent improperly amended its promulgated policy by not adhering to the promulgated police contained in Policy 61Z. Respondent`s action is voided and jurisdiction is retained for attorney`s fees and costs.
