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. |
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12 | Be It Enacted by the Legislature of the State of Florida: |
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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30 | This subsection is repealed July 1, 2011.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. |