CS/CS/HB 227--Impact fees/challenges.
This bill amends [section]163.31801, F.S. and creates a
"preponderance of the evidence" standard of review for
challenges to impact fees. The language places the burden on the
government to prove by a preponderance of the evidence that the
imposition or amount of the impact fee meets the requirements of state
legal precedent or the statute governing impact fees. In addition, the
bill precludes the court from using a deferential standard. These
provisions were approved by the Governor and take effect July 1, 2009.
Ch. 09-49, L.O.F.