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INDEPENDENT STUDIES

Gregory T. StewartNabors, Giblin & Nickerson, P.A.

1500 Mahan Drive, Suite 200Tallahassee, Florida 32308(850) 224-4070: Telephone(850) 224-4073: Facsimile

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Independent Study

Administrative process which authorizes a developer to submit a study reflecting the particular impact of a development on public infrastructure

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Independent Studies Generally

• Not legally required

• Provides a layer of legal defensibility

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Independent Studies Generally

The purpose of an Independent Study is to allow development which has special circumstances that distinguish it from the general category of property to receive an independent review

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Independent Studies Generally

The purpose of an Independent Study is NOT to allow competing consultants to arrive at a different number

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Guides For Independent Study

• Must require that the same methodology be used

• Must limit variables to be considered to those related to circumstances of the particular development

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Guides For Independent Study (Continued)

• Variables must be considered in relation to the life of the improvement

• Should only allow alternative calculations for variances in impacts which are related to the physical design of the building

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Alternative Fee Calculation - Schools

• Costs– construction– land– buses– ancillary facilities

• Student Generation Rate• Credits

– state contributions– ad valorem property tax

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Orange County School Impact Fee Alternative Study

• Downtown Orlando

• High rise condominiums

• Studios 1, 2 and 3 bedroom

• Study submitted analysis of student generation in subject area– seeks high rise category