| 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 or imposing new impact fees; |
| 8 | providing nonapplication to impact fees pledged to retire |
| 9 | debt or certain impact fee increases; providing for future |
| 10 | repeal; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsections (5) and (6) are added to section |
| 15 | 163.31801, Florida Statutes, to read: |
| 16 | 163.31801 Impact fees; short title; intent; definitions; |
| 17 | ordinances levying impact fees.-- |
| 18 | (5) In any action challenging an impact fee, the |
| 19 | government has the burden of proving by a preponderance of the |
| 20 | evidence that the imposition or amount of the fee meets the |
| 21 | requirements of state legal precedent or this section. The court |
| 22 | may not use a deferential standard. |
| 23 | (6) Notwithstanding any law, ordinance, or resolution, a |
| 24 | county, municipality, or special district may not increase any |
| 25 | impact fees or impose any new impact fees. However, this |
| 26 | limitation shall not affect impact fees pledged to the |
| 27 | retirement of debt or impact fee increases previously enacted by |
| 28 | law, ordinance, or resolution that are phased in over time or |
| 29 | that included a consumer price index or other yearly escalator. |
| 30 | This subsection is repealed July 1, 2011. |
| 31 | Section 2. This act shall take effect July 1, 2009. |