Florida Senate - 2009                              CS for SB 580
       
       
       
       By the Committee on Judiciary; and Senators Haridopolos, Gaetz,
       Altman, and Lynn
       
       
       
       590-04068A-09                                          2009580c1
    1                        A bill to be entitled                      
    2         An act relating to impact fees; amending s. 163.31801,
    3         F.S.; requiring that the government prove certain
    4         elements by a preponderance of the evidence in an
    5         action involving the challenge of an impact fee;
    6         prohibiting a court from using a deferential standard;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   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 government
   16  has the burden of proving by a preponderance of the evidence
   17  that the imposition or amount of the fee meets the requirements
   18  of state legal precedent or this section. The court may not use
   19  a deferential standard.
   20         Section 2. This act shall take effect July 1, 2009.