Title: Impact Fees

Summary: Reenacts s. 163.31801(5), F.S., relating to burden of proof required by government in action challenging impact fee; provides legislative finding of important state interest; provides for retroactive operation; provides for exception under specified circumstances.

Full Text:
WHEREAS, in 2009, the Florida Legislature enacted Chapter 2009-49, Laws of Florida, for important public purposes, and WHEREAS, litigation has called into question the constitutional validity of this important piece of legislation, and WHEREAS, the Legislature wishes to protect those that relied on the changes made by Chapter 2009-49, Laws of Florida, and to preserve the Florida Statutes intact and cure any constitutional violation, NOW, THEREFORE, 20 Be It Enacted by the Legislature of the State of Florida: 22 Section 1. Subsection (5) of section 163.31801, Florida Statutes, is reenacted to read: 163.31801 Impact fees; short title; intent; definitions; ordinances levying impact fees.-(5) In any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section. The court may not use a deferential standard. Section 2. The Legislature finds that this act fulfills an important state interest. Section 3. This act shall take effect upon becoming a law, and shall operate retroactively to July 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law.