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Senators Haridopolos, Deutch, and Gaetz moved the following

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amendment to amendment (223482):

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     Senate Amendment (with directory and title amendments)

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     Between line(s) 16 and 17,

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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) 7

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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) 1736, 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;

4/30/2008  7:22:00 PM     CA.26.09301