| 1 | A bill to be entitled |
| 2 | An act relating to impact fees; reenacting s. |
| 3 | 163.31801(5), F.S., relating to the burden of proof |
| 4 | required by the government in an action challenging an |
| 5 | impact fee; providing a legislative finding of important |
| 6 | state interest; providing for retroactive operation; |
| 7 | providing for an exception under specified circumstances; |
| 8 | providing an effective date. |
| 9 |
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| 10 | WHEREAS, in 2009, the Florida Legislature enacted Chapter |
| 11 | 2009-49, Laws of Florida, for important public purposes, and |
| 12 | WHEREAS, litigation has called into question the |
| 13 | constitutional validity of this important piece of legislation, |
| 14 | and |
| 15 | WHEREAS, the Legislature wishes to protect those that |
| 16 | relied on the changes made by Chapter 2009-49, Laws of Florida, |
| 17 | and to preserve the Florida Statutes intact and cure any |
| 18 | constitutional violation, NOW, THEREFORE, |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (5) of section 163.31801, Florida |
| 23 | Statutes, is reenacted to read: |
| 24 | 163.31801 Impact fees; short title; intent; definitions; |
| 25 | ordinances levying impact fees.- |
| 26 | (5) In any action challenging an impact fee, the |
| 27 | government has the burden of proving by a preponderance of the |
| 28 | evidence that the imposition or amount of the fee meets the |
| 29 | requirements of state legal precedent or this section. The court |
| 30 | may not use a deferential standard. |
| 31 | Section 2. The Legislature finds that this act fulfills an |
| 32 | important state interest. |
| 33 | Section 3. This act shall take effect upon becoming a law, |
| 34 | and shall operate retroactively to July 1, 2009. If such |
| 35 | retroactive application is held by a court of last resort to be |
| 36 | unconstitutional, this act shall apply prospectively from the |
| 37 | date that this act becomes a law. |