SB 410                                           First Engrossed
       
       
       
       
       
       
       
       
       2011410e1
       
    1                        A bill to be entitled                      
    2         An act relating to impact fees; reenacting s.
    3         163.31801(5), F.S., relating to the burden of proof
    4         required by the government in an action challenging an
    5         impact fee; providing a legislative finding of
    6         important state interest; providing for retroactive
    7         operation of the act; providing for an exception under
    8         specified circumstances; providing an effective date.
    9  
   10         WHEREAS, the Florida Legislature enacted House Bill 227 in
   11  2009 for important public purposes, and
   12         WHEREAS, litigation has called into question the
   13  constitutional validity of this important piece of legislation,
   14  and
   15         WHEREAS, the Legislature wishes to protect those that
   16  relied on the changes made by House Bill 227 and to preserve the
   17  Florida Statutes intact and cure any constitutional violation,
   18  NOW, THEREFORE,
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (5) of section 163.31801, Florida
   23  Statutes, is reenacted to read:
   24         163.31801 Impact fees; short title; intent; definitions;
   25  ordinances levying impact fees.—
   26         (5) In any action challenging an impact fee, the government
   27  has the burden of proving by a preponderance of the evidence
   28  that the imposition or amount of the fee meets the requirements
   29  of state legal precedent or this section. The court may not use
   30  a deferential standard.
   31         Section 2. The Legislature finds that this act fulfills an
   32  important state interest.
   33         Section 3. This act shall take effect upon becoming a law,
   34  and shall operate retroactively to July 1, 2009. If such
   35  retroactive application is held by a court of last resort to be
   36  unconstitutional, this act shall apply prospectively from the
   37  date that this act becomes a law.