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Senators Haridopolos, Deutch, and Gaetz moved the following

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amendment:

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     Senate Amendment (with title amendment)

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     Between lines 135 and 136

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insert:

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     Section 3.  Subsection (5) is added to section 163.31801,

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Florida Statutes, to read

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     (5) In any action challenging an impact fee, the challenger

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has the burden of proving by a preponderance of the evidence that

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the imposition or amount of the fee does not meet the

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requirements of this section or legal precedent. The court may

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not use a deferential standard that favors either party in such

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action.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 28, after the semicolon,

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insert:

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amending s. 163.31801, F.S.; providing that the challenger

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of an impact fee has the burden of proof; prohibiting the

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court from using a deferential standard that favors either

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party in such action;

5/2/2008  11:47:00 AM     26-09564-08