Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for CS for SB 442, 1st Eng.
                        Barcode 703514
                            CHAMBER ACTION
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       05/04/2005 04:57 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 86, between lines 7 and 8,
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16  insert:  
17         Section 50.  In any challenge filed regarding the
18  validity of an impact fee, the local government imposing the
19  fee has the burden of proving, by a preponderance of the
20  evidence, that the fee is directly proportional to the need
21  created by the development for which the fee is assessed, that
22  the fee is based upon the actual cost of any capital
23  improvements for which the fee will be expended less all
24  credits to which the fee payer is entitled, and that the
25  capital expenditures paid for by the impact fee provide a
26  direct benefit to the property upon which the fee is imposed.
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29  (Redesignate subsequent sections.)
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    3:50 PM   05/04/05                             s0442e1c-21-29m


    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for CS for SB 442, 1st Eng.
                        Barcode 703514
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 8, line 26, after the semicolon,
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 5  insert:
 6         specifying the evidentiary standard a local
 7         government must meet when defending a challenge
 8         to an ordinance establishing an impact fee;
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    3:50 PM   05/04/05                             s0442e1c-21-29m