Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for SB 580 Barcode 136972 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/28/2009 09:32 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Haridopolos moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (5) and (6) are added to section 6 163.31801, Florida Statutes, to read: 7 163.31801 Impact fees; short title; intent; definitions; 8 ordinances levying impact fees.— 9 (5) In any action challenging an impact fee, the government 10 has the burden of proving by a preponderance of the evidence 11 that the imposition or amount of the fee meets the requirements 12 of state legal precedent or this section. The court may not use 13 a deferential standard. 14 (6) Notwithstanding any law, ordinance, or resolution, a 15 county, municipality, or special district may not increase any 16 impact fees or impose any new impact fees. However, this 17 limitation shall not affect impact fees pledged to the 18 retirement of debt or impact fee increases previously enacted by 19 law, ordinance, or resolution that are phased in over time or 20 that included a consumer price index or other yearly escalator. 21 This subsection is repealed July 1, 2011. 22 Section 2. This act shall take effect July 1, 2009. 23 24 ================= T I T L E A M E N D M E N T ================ 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 and insert: 28 A bill to be entitled 29 An act relating to impact fees; amending s. 163.31801, 30 F.S.; requiring the government to prove certain 31 elements of an impact fee by a preponderance of the 32 evidence; prohibiting a court from using a deferential 33 standard in a court action; prohibiting certain local 34 governments from increasing impact fees or imposing 35 new impact fees; providing nonapplication to impact 36 fees pledged to retire debt or certain impact fee 37 increases; providing for future repeal; providing an 38 effective date.