| 1 | A bill to be entitled |
| 2 | An act relating to impact fees; amending s. 163.31801, |
| 3 | F.S.; requiring a challenger of an impact fee to prove |
| 4 | certain elements by a preponderance of the evidence; |
| 5 | prohibiting a court from using a deferential standard that |
| 6 | favors either party to such an action; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (5) is added to section 163.31801, |
| 12 | Florida Statutes, to read: |
| 13 | 163.31801 Impact fees; short title; intent; definitions; |
| 14 | ordinances levying impact fees.-- |
| 15 | (5) In any action challenging an impact fee, the |
| 16 | challenger has the burden of proving by a preponderance of the |
| 17 | evidence that the imposition or amount of the fee does not meet |
| 18 | the requirements of state legal precedent or this section. The |
| 19 | court may not use a deferential standard that favors either |
| 20 | party. |
| 21 | Section 2. This act shall take effect July 1, 2009. |