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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.
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Title Annotation:City, County & Local Government Law
Publication:Florida Bar News
Date:Jul 1, 2009
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