CS/CS/HB 227

1
A bill to be entitled
2An act relating to impact fees; amending s. 163.31801,
3F.S.; requiring the government to prove certain elements
4of an impact fee by a preponderance of the evidence;
5prohibiting a court from using a deferential standard in a
6court action; prohibiting certain local governments from
7increasing impact fees or imposing new impact fees;
8providing nonapplication to impact fees pledged to retire
9debt or certain impact fee increases; providing for future
10repeal; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (5) and (6) are added to section
15163.31801, Florida Statutes, to read:
16     163.31801  Impact fees; short title; intent; definitions;
17ordinances levying impact fees.--
18     (5)  In any action challenging an impact fee, the
19government has the burden of proving by a preponderance of the
20evidence that the imposition or amount of the fee meets the
21requirements of state legal precedent or this section. The court
22may not use a deferential standard.
23     (6)  Notwithstanding any law, ordinance, or resolution, a
24county, municipality, or special district may not increase any
25impact fees or impose any new impact fees. However, this
26limitation shall not affect impact fees pledged to the
27retirement of debt or impact fee increases previously enacted by
28law, ordinance, or resolution that are phased in over time or
29that included a consumer price index or other yearly escalator.
30This subsection is repealed July 1, 2011.
31     Section 2.  This act shall take effect July 1, 2009.


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