Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 474
664060
Senate
Floor: WD/2R
4/30/2008 4:54 PM
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House
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Senator Haridopolos moved the following amendment:
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Senate Amendment (with directory and title amendments)
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Between line(s) 2246 and 2247,
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insert:
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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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====== D I R E C T O R Y C L A U S E A M E N D M E N T =====
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And the directory clause is amended as follows:
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Delete line(s) 2237
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and insert:
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163.31801, Florida Statutes, is amended, and subsection (5) is
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added to that section, to read:
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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(s) 95, after the semicolon,
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insert:
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providing that the challenger of an impact fee has the
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burden of proof; prohibiting the court from using a
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deferential standard that favors either party in such
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action;
4/28/2008 11:21:00 AM 26-08819-08
CODING: Words stricken are deletions; words underlined are additions.