HB 7021

A bill to be entitled
2An act relating to impact fees; reenacting s.
3163.31801(5), F.S., relating to the burden of proof
4required by the government in an action challenging an
5impact fee; providing a legislative finding of important
6state interest; providing for retroactive operation;
7providing for an exception under specified circumstances;
8providing an effective date.
10     WHEREAS, in 2009, the Florida Legislature enacted Chapter
112009-49, Laws of Florida, for important public purposes, and
12     WHEREAS, litigation has called into question the
13constitutional validity of this important piece of legislation,
15     WHEREAS, the Legislature wishes to protect those that
16relied on the changes made by Chapter 2009-49, Laws of Florida,
17and to preserve the Florida Statutes intact and cure any
18constitutional violation, NOW, THEREFORE,
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Subsection (5) of section 163.31801, Florida
23Statutes, is reenacted to read:
24     163.31801  Impact fees; short title; intent; definitions;
25ordinances levying impact fees.-
26     (5)  In any action challenging an impact fee, the
27government has the burden of proving by a preponderance of the
28evidence that the imposition or amount of the fee meets the
29requirements of state legal precedent or this section. The court
30may not use a deferential standard.
31     Section 2.  The Legislature finds that this act fulfills an
32important state interest.
33     Section 3.  This act shall take effect upon becoming a law,
34and shall operate retroactively to July 1, 2009. If such
35retroactive application is held by a court of last resort to be
36unconstitutional, this act shall apply prospectively from the
37date that this act becomes a law.

CODING: Words stricken are deletions; words underlined are additions.