St. Johns County v. Northeast Florida Builders Ass'n, Inc., 89-861

• Decision Date: 05 April 1990
• Docket Number: No. 89-861,89-861
• Citation: 559 So.2d 363
• Parties: 59 Ed. Law Rep. 1230, 15 Fla. L. Weekly D885 ST. JOHNS COUNTY, Florida, et al., Appellants, v. NORTHEAST FLORIDA BUILDERS ASSOCIATION, INC., etc., et al., Appellees.
• Court: Florida District Court of Appeals

Page 363

559 So.2d 363

59 Ed. Law Rep. 1230, 15 Fla. L. Weekly D885

ST. JOHNS COUNTY, Florida, et al., Appellants, v. NORTHEAST FLORIDA BUILDERS ASSOCIATION, INC., etc., et al., Appellees.

No. 89-861.

District Court of Appeal of Florida,

Fifth District.

April 5, 1990.

Charles L. Siemon and Michelle J. Zimet of Siemon, Larsen & Purdy, Chicago and James G. Sisco, County Atty., St. Augustine, for appellants.

Michael P. McMahon, Virginia B. Townes and Gregory J. Kelly of Akerman, Senterfitt & Eidson, Orlando, for appellees.

Sidney H. McKenzie, Tallahassee, for Department of Educ., State of Fla., amicus curiae.

Joseph L. Shields, Tallahassee, for Florida School Boards Ass'n, Inc. and Florida Ass'n of School Administrators, amicus curiae.

HARRIS, Judge.

St. Johns County appeals an order declaring a county ordinance enacting an impact fee for school construction invalid. This court has proceeded through oral argument, now determines that the issue is of great public importance, and certifies the issue to the Supreme Court pursuant to Rule 9.030(a)(2)(A)(v), Rules of Appellate Procedure.

The issue, while relatively simple, is extremely important to county commissions and school boards across the state. Can the county commissions by enactment of a county ordinance, as was done by St. John's County in this case, impose an impact fee on all new construction to be used for new school facilities? We hold, as did the trial court, that the ordinance under review violates the constitutional mandate for a "uniform system of free public schools" and is invalid and unenforceable. We find it violates the uniform provision in that the impact fee does not apply to all of St. John's County much less the State of Florida. ¹ It violates the free public school provision because, as enacted, the impact fee is nothing more than a user fee. Although couched in the broad language of an impact fee, it is ultimately assessed only against those households that have children in public school. ² Whether the money is paid directly to the school board as tuition or to the county commission and delivered to the school board when the family of public school children build or buy a home in the district seems to have little practical distinction. Although we agree with the dissent that it would be more equitable to require the new users of school facilities to help pay for them if a constitutional way could be found, we do not believe that St. Johns County has found such a way.

Because we recognize the ever increasing need for new school facilities caused by the rapid development in this state and the budgetary problems faced by school boards throughout the state, we certify the issue to the Supreme Court as being one of great public importance.

COBB, J., concurs.

W. SHARP, J., dissents with opinion.

W. SHARP, Judge, dissenting.

I respectfully dissent on the merits. But I agree this case should be certified for review by the supreme court because it involves a question of great public importance.

If impact fees for schools are unconstitutional, this state faces potential fiscal and social catastrophe caused by the enormous and unprecedented growth our state is experiencing. Florida is...