Florida Senate - 2011                                     SB 410
       
       
       
       By Senator Bennett
       
       
       
       
       21-00495-11                                            2011410__
    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 for retroactive operation of the
    6         act; providing for an exception under specified
    7         circumstances; providing an effective date.
    8  
    9         WHEREAS, the Florida Legislature enacted House Bill 227 in
   10  2009 for important public purposes, and
   11         WHEREAS, litigation has called into question the
   12  constitutional validity of this important piece of legislation,
   13  and
   14         WHEREAS, the Legislature wishes to protect those that
   15  relied on the changes made by House Bill 227 and to preserve the
   16  Florida Statutes intact and cure any constitutional violation,
   17  NOW, THEREFORE,
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (5) of section 163.31801, Florida
   22  Statutes, is reenacted to read:
   23         163.31801 Impact fees; short title; intent; definitions;
   24  ordinances levying impact fees.—
   25         (5) In any action challenging an impact fee, the government
   26  has the burden of proving by a preponderance of the evidence
   27  that the imposition or amount of the fee meets the requirements
   28  of state legal precedent or this section. The court may not use
   29  a deferential standard.
   30         Section 2. This act shall take effect upon becoming a law,
   31  and shall operate retroactively to July 1, 2009. If such
   32  retroactive application is held by a court of last resort to be
   33  unconstitutional, this act shall apply prospectively from the
   34  date that this act becomes a law.