Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 580
       
       
       
       
       
       
                                Barcode 136972                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2009 09:32 AM       .                                
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       Senator Haridopolos moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (5) and (6) are added to section
    6  163.31801, Florida Statutes, to read:
    7         163.31801 Impact fees; short title; intent; definitions;
    8  ordinances levying impact fees.—
    9         (5) In any action challenging an impact fee, the government
   10  has the burden of proving by a preponderance of the evidence
   11  that the imposition or amount of the fee meets the requirements
   12  of state legal precedent or this section. The court may not use
   13  a deferential standard.
   14         (6) Notwithstanding any law, ordinance, or resolution, a
   15  county, municipality, or special district may not increase any
   16  impact fees or impose any new impact fees. However, this
   17  limitation shall not affect impact fees pledged to the
   18  retirement of debt or impact fee increases previously enacted by
   19  law, ordinance, or resolution that are phased in over time or
   20  that included a consumer price index or other yearly escalator.
   21  This subsection is repealed July 1, 2011.
   22         Section 2. This act shall take effect July 1, 2009.
   23  
   24  ================= T I T L E  A M E N D M E N T ================
   25         And the title is amended as follows:
   26         Delete everything before the enacting clause
   27  and insert:
   28                        A bill to be entitled                      
   29         An act relating to impact fees; amending s. 163.31801,
   30         F.S.; requiring the government to prove certain
   31         elements of an impact fee by a preponderance of the
   32         evidence; prohibiting a court from using a deferential
   33         standard in a court action; prohibiting certain local
   34         governments from increasing impact fees or imposing
   35         new impact fees; providing nonapplication to impact
   36         fees pledged to retire debt or certain impact fee
   37         increases; providing for future repeal; providing an
   38         effective date.