| 1 | A bill to be entitled |
| 2 | An act relating to impact fees; amending s. 163.31801, |
| 3 | F.S.; requiring the government to prove certain elements |
| 4 | of an impact fee by a preponderance of the evidence; |
| 5 | prohibiting a court from using a deferential standard in a |
| 6 | court action; prohibiting certain local governments from |
| 7 | increasing impact fees; providing nonapplication to impact |
| 8 | fees pledged to retire debt; providing for future repeal; |
| 9 | providing an effective date. |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
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| 13 | Section 1. Subsections (5) and (6) are added to section |
| 14 | 163.31801, Florida Statutes, to read: |
| 15 | 163.31801 Impact fees; short title; intent; definitions; |
| 16 | ordinances levying impact fees.-- |
| 17 | (5) In any action challenging an impact fee, the |
| 18 | government has the burden of proving by a preponderance of the |
| 19 | evidence that the imposition or amount of the fee meets the |
| 20 | requirements of state legal precedent or this section. The court |
| 21 | may not use a deferential standard. |
| 22 | (6) Notwithstanding any law, ordinance, or resolution, a |
| 23 | county, municipality, or special district may not increase an |
| 24 | impact fee. However, this limitation shall not affect impact |
| 25 | fees pledged to the retirement of debt. This subsection is |
| 26 | repealed July 1, 2011. |
| 27 | Section 2. This act shall take effect July 1, 2009. |