Bill Text: FL H7021 | 2011 | Regular Session | Introduced

---

Bill Title: Impact Fees

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-20 - Substituted SB 410 [H7021 Detail]

Download: Florida-2011-H7021-Introduced.html

---

HB 7021

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 a legislative finding of important
6	state interest; providing for retroactive operation;
7	providing for an exception under specified circumstances;
8	providing an effective date.
9
10	WHEREAS, in 2009, the Florida Legislature enacted Chapter
11	2009-49, Laws of Florida, for important public purposes, and
12	WHEREAS, litigation has called into question the
13	constitutional validity of this important piece of legislation,
14	and
15	WHEREAS, the Legislature wishes to protect those that
16	relied on the changes made by Chapter 2009-49, Laws of Florida,
17	and to preserve the Florida Statutes intact and cure any
18	constitutional violation, NOW, THEREFORE,
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsection (5) of section 163.31801, Florida
23	Statutes, is reenacted to read:
24	163.31801  Impact fees; short title; intent; definitions;
25	ordinances levying impact fees.-
26	(5)  In any action challenging an impact fee, the
27	government has the burden of proving by a preponderance of the
28	evidence that the imposition or amount of the fee meets the
29	requirements of state legal precedent or this section. The court
30	may not use a deferential standard.
31	Section 2.  The Legislature finds that this act fulfills an
32	important state interest.
33	Section 3.  This act shall take effect upon becoming a law,
34	and shall operate retroactively to July 1, 2009. If such
35	retroactive application is held by a court of last resort to be
36	unconstitutional, this act shall apply prospectively from the
37	date that this act becomes a law.

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