Florida Senate - 2009 CS for SB 1306
By the Committee on Community Affairs; and Senator Bennett
578-03344-09 20091306c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3164, F.S.; revising definitions; providing a
4 definition for the terms “dense urban land area,”
5 “backlog” or “backlogged transportation facility,” and
6 “background trips”; amending s. 163.3177, F.S.;
7 conforming a cross-reference; providing that a local
8 government’s comprehensive plan or plan amendments for
9 land uses within a transportation concurrency
10 exception area meets the level-of-service standards
11 for transportation; amending s. 163.3180, F.S.;
12 revising concurrency requirements; providing
13 legislative findings relating to transportation
14 concurrency exception areas; providing for the
15 applicability of transportation concurrency exception
16 areas; deleting certain requirements for
17 transportation concurrency exception areas; providing
18 that the designation of a transportation concurrency
19 exception area does not limit a local government’s
20 home rule power to adopt ordinances or impose fees and
21 does not affect any contract or agreement entered into
22 or development order rendered before such designation;
23 requiring that the Office of Program Policy Analysis
24 and Government Accountability submit a report to the
25 Legislature concerning the effects of the
26 transportation concurrency exception areas; providing
27 for an exemption from level-of-service standards for
28 proposed development related to qualified job-creation
29 projects; clarifying the calculation of the
30 proportionate-share contribution for local and
31 regionally significant traffic impacts which is paid
32 by a development of regional impact for the purpose of
33 satisfying certain concurrency requirements; creating
34 s. 163.31802, F.S.; prohibiting local governments from
35 establishing standards for security devices that
36 require businesses to enhance certain functions or
37 services provided by local government; providing an
38 exception; amending s. 163.3182, F.S.; revising
39 provisions relating to transportation concurrency
40 backlog authorities; requiring that a local government
41 adopt one or more transportation concurrency backlog
42 areas as part its capital improvements element update;
43 requiring that a local government biannually submit
44 new areas to the state land planning agency until
45 certain conditions are met; providing an exception;
46 providing for certain landowners or developers to
47 request a transportation concurrency backlog area for
48 a development area; prohibiting a local government
49 from requiring payments for transportation concurrency
50 which exceed the costs of mitigating traffic impacts;
51 amending s. 380.06, F.S.; revising provisions relating
52 to preapplication procedures for development approval;
53 requiring that the level-of-service standards required
54 in the transportation methodology be the same as the
55 standards used to evaluate concurrency and
56 proportionate share; amending s. 403.973, F.S.;
57 providing legislative intent; providing certain
58 criteria for regional centers for clean technology
59 projects to receive expedited permitting; providing
60 regulatory incentives for projects that meet such
61 criteria; authorizing the Office of Tourism, Trade,
62 and Economic Development within the Executive Office
63 of the Governor to certify and decertify such
64 projects; authorizing the office to create regional
65 permit action teams; providing for a transportation
66 mobility fee; providing legislative findings and
67 intent; requiring that the state land planning agency
68 and the Department of Transportation coordinate their
69 independent mobility fees studies to develop a
70 methodology for a mobility fee system; providing
71 guidelines for developing the methodology; requiring
72 that the state land planning agency and the department
73 submit joint interim reports to the Legislature by
74 specified dates; requiring that the Department of
75 Transportation establish a transportation methodology;
76 requiring that such methodology be completed and in
77 use by a specified date; providing an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Subsections (29) and (32) of section 163.3164,
82 Florida Statutes, are amended, and subsections (34), (35), and
83 (36) are added to that section, to read:
84 163.3164 Local Government Comprehensive Planning and Land
85 Development Regulation Act; definitions.—As used in this act:
86 (29) “Existing Urban service area” means built-up areas
87 where public facilities and services, including, but not limited
88 to, central water and sewer such as sewage treatment systems,
89 roads, schools, and recreation areas are already in place. In
90 addition, for a county that qualifies as a dense urban land area
91 under subsection (34), the nonrural area of the county, which
92 has been adopted into the county charter as a rural area, or
93 areas identified in the comprehensive plan as urban service
94 areas or urban growth boundaries on or before July, 1, 2009, are
95 also urban service areas under this definition.
96 (32) “Financial feasibility” means that sufficient revenues
97 are currently available or will be available from committed
98 funding sources for the first 3 years, or will be available from
99 committed or planned funding sources for years 4 and 5, of a 5
100 year capital improvement schedule for financing capital
101 improvements, including such as ad valorem taxes, bonds, state
102 and federal funds, tax revenues, impact fees, and developer
103 contributions, which are adequate to fund the projected costs of
104 the capital improvements identified in the comprehensive plan
105 and necessary to ensure that adopted level-of-service standards
106 are achieved and maintained within the period covered by the 5
107 year schedule of capital improvements. A comprehensive plan or
108 comprehensive plan amendment shall be deemed financially
109 feasible for transportation and school facilities throughout the
110 planning period addressed by the capital improvements schedule
111 if it can be demonstrated that the level-of-service standards
112 will be achieved and maintained by the end of the planning
113 period even if in a particular year such improvements are not
114 concurrent as required by s. 163.3180. A comprehensive plan
115 shall be deemed financially feasible for school facilities
116 throughout the planning period addressed by the capital
117 improvements schedule if it can be demonstrated that the level
118 of-service standards will be achieved and maintained by the end
119 of the planning period, even if in a particular year such
120 improvements are not concurrent as required in s. 163.3180.
121 (34) “Dense urban land area” means:
122 (a) A municipality that has an average of at least 1,000
123 people per square mile of area and a minimum total population of
124 at least 5,000;
125 (b) A county, including the municipalities located therein,
126 which has an average of at least 1,000 people per square mile of
127 land area; or
128 (c) A county, including the municipalities located therein,
129 which has a population of at least 1 million.
130
131 The Office of Economic and Demographic Research within the
132 Legislature shall annually calculate the population and density
133 criteria needed to determine which jurisdictions qualify as
134 dense urban land areas by using the most recent land area data
135 from the decennial census conducted by the Bureau of the Census
136 of the United States Department of Commerce and the latest
137 available population estimates determined pursuant to s.
138 186.901. If any local government has had an annexation,
139 contraction, or new incorporation, the Office of Economic and
140 Demographic Research shall determine the population density
141 using the new jurisdictional boundaries as recorded in
142 accordance with s. 171.091. The Office of Economic and
143 Demographic Research shall submit to the state land planning
144 agency a list of jurisdictions that meet the total population
145 and density criteria necessary for designation as a dense urban
146 land area by July 1, 2009, and every year thereafter. The state
147 land planning agency shall publish the list of jurisdictions on
148 its Internet website within 7 days after the list is received.
149 The designation of a jurisdictions that qualifies or does not
150 qualify as a dense urban land area is effective upon publication
151 on the state land planning agency’s Internet website.
152 (35) “Backlog” or “backlogged transportation facility”
153 means a facility or facilities on which the adopted level-of
154 service standard is exceeded by the existing trips plus
155 background trips.
156 (36) “Background trips” means trips other than existing
157 trips from any source other than the development project under
158 review which are forecast by established traffic modeling
159 standards to be coincident with the particular stage or phase of
160 the development under review.
161 Section 2. Paragraph (e) of subsection (3) of section
162 163.3177, Florida Statutes, is amended, and paragraph (f) is
163 added to that subsection, to read:
164 163.3177 Required and optional elements of comprehensive
165 plan; studies and surveys.—
166 (3)(e) At the discretion of the local government and
167 notwithstanding the requirements in of this subsection, a
168 comprehensive plan, as revised by an amendment to the plan’s
169 future land use map, shall be deemed to be financially feasible
170 and to have achieved and maintained level-of-service standards
171 as required in by this section with respect to transportation
172 facilities if the amendment to the future land use map is
173 supported by a:
174 1. Condition in a development order for a development of
175 regional impact or binding agreement that addresses
176 proportionate-share mitigation consistent with s. 163.3180(12);
177 or
178 2. Binding agreement addressing proportionate fair-share
179 mitigation consistent with s. 163.3180(16)(g) s. 163.3180(16)(f)
180 and the property subject to the amendment to the future land use
181 map is located within an area designated in a comprehensive plan
182 for urban infill, urban redevelopment, downtown revitalization,
183 urban infill and redevelopment, or an urban service area. The
184 binding agreement must be based on the maximum amount of
185 development identified by the future land use map amendment or
186 as may be otherwise restricted through a special area plan
187 policy or map notation in the comprehensive plan.
188 (f) A local government’s comprehensive plan and plan
189 amendments for land uses within all transportation concurrency
190 exception areas that are designated and maintained in accordance
191 with s. 163.3180(5) shall be deemed to meet the requirement in
192 this section to achieve and maintain level-of-service standards
193 for transportation.
194 Section 3. Section 163.3180, Florida Statutes, is amended
195 to read:
196 163.3180 Concurrency.—
197 (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.—
198 (a) Public facility types.—Sanitary sewer, solid waste,
199 drainage, potable water, parks and recreation, schools, and
200 transportation facilities, including mass transit, where
201 applicable, are the only public facilities and services subject
202 to the concurrency requirement on a statewide basis. Additional
203 public facilities and services are may not be made subject to
204 concurrency on a statewide basis without appropriate study and
205 approval by the Legislature; however, any local government may
206 extend the concurrency requirement so that it applies to apply
207 to additional public facilities within its jurisdiction.
208 (b) Transportation methodologies.—Local governments shall
209 use professionally accepted techniques for measuring level of
210 service for automobiles, bicycles, pedestrians, transit, and
211 trucks. These techniques may be used to evaluate increased
212 accessibility by multiple modes and reductions in vehicle miles
213 of travel in an area or zone. The state land planning agency and
214 the Department of Transportation shall develop methodologies to
215 assist local governments in implementing this multimodal level
216 of-service analysis and. The Department of Community Affairs and
217 the Department of Transportation shall provide technical
218 assistance to local governments in applying the these
219 methodologies.
220 (2) PUBLIC FACILITY AVAILABILITY STANDARDS.—
221 (a) Sanitary sewer, solid waste, drainage, adequate water
222 supply, and potable water facilities.—Consistent with public
223 health and safety, sanitary sewer, solid waste, drainage,
224 adequate water supplies, and potable water facilities shall be
225 in place and available to serve new development no later than
226 the date on which issuance by the local government issues of a
227 certificate of occupancy or its functional equivalent. Before
228 approving Prior to approval of a building permit or its
229 functional equivalent, the local government shall consult with
230 the applicable water supplier to determine whether adequate
231 water supplies to serve the new development will be available by
232 no later than the anticipated date of issuance by the local
233 government of the a certificate of occupancy or its functional
234 equivalent. A local government may meet the concurrency
235 requirement for sanitary sewer through the use of onsite sewage
236 treatment and disposal systems approved by the Department of
237 Health to serve new development.
238 (b) Parks and recreation facilities.—Consistent with the
239 public welfare, and except as otherwise provided in this
240 section, parks and recreation facilities to serve new
241 development shall be in place or under actual construction
242 within no later than 1 year after issuance by the local
243 government issues of a certificate of occupancy or its
244 functional equivalent. However, the acreage for such facilities
245 must shall be dedicated or be acquired by the local government
246 before it issues prior to issuance by the local government of
247 the a certificate of occupancy or its functional equivalent, or
248 funds in the amount of the developer’s fair share shall be
249 committed no later than the date on which the local government
250 approves commencement of government’s approval to commence
251 construction.
252 (c) Transportation facilities.—Consistent with the public
253 welfare, and except as otherwise provided in this section,
254 transportation facilities needed to serve new development must
255 shall be in place or under actual construction within 3 years
256 after the local government approves a building permit or its
257 functional equivalent that results in traffic generation.
258 (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.—Governmental
259 entities that are not responsible for providing, financing,
260 operating, or regulating public facilities needed to serve
261 development may not establish binding level-of-service standards
262 to apply to on governmental entities that do bear those
263 responsibilities. This subsection does not limit the authority
264 of any agency to recommend or make objections, recommendations,
265 comments, or determinations during reviews conducted under s.
266 163.3184.
267 (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.—
268 (a) State and other public facilities.—The concurrency
269 requirement as implemented in local comprehensive plans applies
270 to state and other public facilities and development to the same
271 extent that it applies to all other facilities and development,
272 as provided by law.
273 (b) Public transit facilities.—The concurrency requirement
274 as implemented in local comprehensive plans does not apply to
275 public transit facilities. For the purposes of this paragraph,
276 public transit facilities include transit stations and
277 terminals; transit station parking; park-and-ride lots;
278 intermodal public transit connection or transfer facilities;
279 fixed bus, guideway, and rail stations; and airport passenger
280 terminals and concourses, air cargo facilities, and hangars for
281 the maintenance or storage of aircraft. As used in this
282 paragraph, the terms “terminals” and “transit facilities” do not
283 include seaports or commercial or residential development
284 constructed in conjunction with a public transit facility.
285 (c) Infill and redevelopment areas.—The concurrency
286 requirement, except as it relates to transportation facilities
287 and public schools, as implemented in local government
288 comprehensive plans, may be waived by a local government for
289 urban infill and redevelopment areas designated pursuant to s.
290 163.2517 if such a waiver does not endanger public health or
291 safety as defined by the local government in the its local
292 government’s government comprehensive plan. The waiver must
293 shall be adopted as a plan amendment using pursuant to the
294 process set forth in s. 163.3187(3)(a). A local government may
295 grant a concurrency exception pursuant to subsection (5) for
296 transportation facilities located within these urban infill and
297 redevelopment areas. Affordable housing developments that serve
298 residents who have incomes at or below 60 percent of the area
299 median income and are proposed to be located on arterial
300 roadways that have public transit available are exempt from
301 transportation concurrency requirements.
302 (5) COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.—
303 (a) The Legislature finds that under limited circumstances
304 dealing with transportation facilities, countervailing planning
305 and public policy goals may come into conflict with the
306 requirement that adequate public transportation facilities and
307 services be available concurrent with the impacts of such
308 development. The Legislature further finds that often the
309 unintended result of the concurrency requirement for
310 transportation facilities is often the discouragement of urban
311 infill development and redevelopment. Such unintended results
312 directly conflict with the goals and policies of the state
313 comprehensive plan and the intent of this part. The Legislature
314 also finds that in urban centers transportation cannot be
315 effectively managed and mobility cannot be improved solely
316 through the expansion of roadway capacity, that the expansion of
317 roadway capacity is not always physically or financially
318 possible, and that a range of transportation alternatives are
319 essential to satisfy mobility needs, reduce congestion, and
320 achieve healthy, vibrant centers. Therefore, exceptions from the
321 concurrency requirement for transportation facilities may be
322 granted as provided by this subsection.
323 (b)1. The following are transportation concurrency
324 exception areas:
325 a. A municipality that qualifies as a dense urban land area
326 under s. 163.3164(34);
327 b. An urban service area under s. 163.3164(29) which has
328 been adopted into the local comprehensive plan and is located
329 within a county that qualifies as a dense urban land area under
330 s. 163.3164(34); and
331 c. A county, including the municipalities located therein,
332 which has a population of at least 900,000 and qualifies as a
333 dense urban land area under s. 163.3164(34), but does not have
334 an urban service area designated in the local comprehensive
335 plan.
336 2. A municipality that does not qualify as a dense urban
337 land area pursuant to s. 163.3164(34) may designate in its local
338 comprehensive plan the following areas as transportation
339 concurrency exception areas:
340 a. Urban infill as defined in s. 163.3164(27);
341 b. Community redevelopment areas as defined in s.
342 163.340(10);
343 c. Downtown revitalization areas as defined in s.
344 163.3164(25);
345 d. Urban infill and redevelopment under s. 163.2517; or
346 e. Urban service areas as defined in s. 163.3164(29) or
347 areas within a designated urban service boundary under s.
348 163.3177(14).
349 3. A county that does not qualify as a dense urban land
350 area pursuant to s. 163.3164(34) may designate in its local
351 comprehensive plan the following areas as transportation
352 concurrency exception areas:
353 a. Urban infill as defined in s. 163.3164(27);
354 b. Urban infill and redevelopment under s. 163.2517; or
355 c. Urban service areas as defined in s. 163.3164(29).
356 4. A local government that has a transportation concurrency
357 exception area designated pursuant to subparagraph 1.,
358 subparagraph 2., or subparagraph 3. must, within 2 years after
359 the designated area becomes exempt, adopt into its local
360 comprehensive plan land use and transportation strategies to
361 support and fund mobility within the exception area, including
362 alternative modes of transportation. Local governments are
363 encouraged to adopt complementary land use and transportation
364 strategies that reflect the region’s shared vision for its
365 future. If the state land planning agency finds insufficient
366 cause for the failure to adopt into its comprehensive plan land
367 use and transportation strategies to support and fund mobility
368 within the designated exception area after 2 years, it shall
369 submit the finding to the Administration Commission, which may
370 impose any of the sanctions set forth in s. 163.3184(11)(a) and
371 (b) against the local government.
372 5. Transportation concurrency exception areas designated
373 under subparagraph 1., subparagraph 2., or subparagraph 3. do
374 not apply to designated transportation concurrency districts
375 located within a county that has a population of at least 1.5
376 million, has implemented and uses a transportation-related
377 concurrency assessment to support alternative modes of
378 transportation, including, but not limited to, mass transit, and
379 does not levy transportation impact fees within the concurrency
380 district.
381 6. A local government that does not have a transportation
382 concurrency exception area designated pursuant to subparagraph
383 1., subparagraph 2., or subparagraph 3. may grant an exception
384 from the concurrency requirement for transportation facilities
385 if the proposed development is otherwise consistent with the
386 adopted local government comprehensive plan and is a project
387 that promotes public transportation or is located within an area
388 designated in the comprehensive plan for:
389 a.1. Urban infill development;
390 b.2. Urban redevelopment;
391 c.3. Downtown revitalization;
392 d.4. Urban infill and redevelopment under s. 163.2517; or
393 e.5. An urban service area specifically designated as a
394 transportation concurrency exception area which includes lands
395 appropriate for compact, contiguous urban development, which
396 does not exceed the amount of land needed to accommodate the
397 projected population growth at densities consistent with the
398 adopted comprehensive plan within the 10-year planning period,
399 and which is served or is planned to be served with public
400 facilities and services as provided by the capital improvements
401 element.
402 (c) The Legislature also finds that developments located
403 within urban infill, urban redevelopment, existing urban
404 service, or downtown revitalization areas or areas designated as
405 urban infill and redevelopment areas under s. 163.2517, which
406 pose only special part-time demands on the transportation
407 system, are exempt should be excepted from the concurrency
408 requirement for transportation facilities. A special part-time
409 demand is one that does not have more than 200 scheduled events
410 during any calendar year and does not affect the 100 highest
411 traffic volume hours.
412 (d) Except for transportation concurrency exception areas
413 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
414 or subparagraph (b)3., the following requirements apply: A local
415 government shall establish guidelines in the comprehensive plan
416 for granting the exceptions authorized in paragraphs (b) and (c)
417 and subsections (7) and (15) which must be consistent with and
418 support a comprehensive strategy adopted in the plan to promote
419 the purpose of the exceptions.
420 1.(e) The local government shall both adopt into the
421 comprehensive plan and implement long-term strategies to support
422 and fund mobility within the designated exception area,
423 including alternative modes of transportation. The plan
424 amendment must also demonstrate how strategies will support the
425 purpose of the exception and how mobility within the designated
426 exception area will be provided.
427 2. In addition, The strategies must address urban design;
428 appropriate land use mixes, including intensity and density; and
429 network connectivity plans needed to promote urban infill,
430 redevelopment, or downtown revitalization. The comprehensive
431 plan amendment designating the concurrency exception area must
432 be accompanied by data and analysis justifying the size of the
433 area.
434 (e)(f) Before designating Prior to the designation of a
435 concurrency exception area pursuant to subparagraph (b)6., the
436 state land planning agency and the Department of Transportation
437 shall be consulted by the local government to assess the impact
438 that the proposed exception area is expected to have on the
439 adopted level-of-service standards established for regional
440 transportation facilities identified pursuant to s. 186.507,
441 including the Strategic Intermodal System facilities, as defined
442 in s. 339.64, and roadway facilities funded in accordance with
443 s. 339.2819. Further, the local government shall provide a plan
444 for the mitigation of, in consultation with the state land
445 planning agency and the Department of Transportation, develop a
446 plan to mitigate any impacts to the Strategic Intermodal System,
447 including, if appropriate, access management, parallel reliever
448 roads, transportation demand management, and other measures the
449 development of a long-term concurrency management system
450 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
451 may be available only within the specific geographic area of the
452 jurisdiction designated in the plan. Pursuant to s. 163.3184,
453 any affected person may challenge a plan amendment establishing
454 these guidelines and the areas within which an exception could
455 be granted.
456 (g) Transportation concurrency exception areas existing
457 prior to July 1, 2005, must, at a minimum, meet the provisions
458 of this section by July 1, 2006, or at the time of the
459 comprehensive plan update pursuant to the evaluation and
460 appraisal report, whichever occurs last.
461 (f) The designation of a transportation concurrency
462 exception area does not limit a local government’s home rule
463 power to adopt ordinances or impose fees. This subsection does
464 not affect any contract or agreement entered into or development
465 order rendered before the creation of the transportation
466 concurrency exception area except as provided in s.
467 380.06(29)(e).
468 (g) The Office of Program Policy Analysis and Government
469 Accountability shall submit to the President of the Senate and
470 the Speaker of the House of Representatives by February 1, 2015,
471 a report on transportation concurrency exception areas created
472 pursuant to this subsection. At a minimum, the report shall
473 address the methods that local governments have used to
474 implement and fund transportation strategies to achieve the
475 purposes of designated transportation concurrency exception
476 areas and the effects of the strategies on mobility, congestion,
477 urban design, the density and intensity of land use mixes, and
478 network connectivity plans used to promote urban infill,
479 redevelopment, or downtown revitalization.
480 (6) DE MINIMIS IMPACT.—The Legislature finds that a de
481 minimis impact is consistent with this part. A de minimis impact
482 is an impact that does would not affect more than 1 percent of
483 the maximum volume at the adopted level of service of the
484 affected transportation facility as determined by the local
485 government. An No impact is not will be de minimis if the sum of
486 existing roadway volumes and the projected volumes from approved
487 projects on a transportation facility exceeds would exceed 110
488 percent of the maximum volume at the adopted level of service of
489 the affected transportation facility; provided however, the that
490 an impact of a single family home on an existing lot is will
491 constitute a de minimis impact on all roadways regardless of the
492 level of the deficiency of the roadway. Further, an no impact is
493 not will be de minimis if it exceeds would exceed the adopted
494 level-of-service standard of any affected designated hurricane
495 evacuation routes. Each local government shall maintain
496 sufficient records to ensure that the 110-percent criterion is
497 not exceeded. Each local government shall submit annually, with
498 its updated capital improvements element, a summary of the de
499 minimis records. If the state land planning agency determines
500 that the 110-percent criterion has been exceeded, the state land
501 planning agency shall notify the local government of the
502 exceedance and that no further de minimis exceptions for the
503 applicable roadway may be granted until such time as the volume
504 is reduced below the 110 percent. The local government shall
505 provide proof of this reduction to the state land planning
506 agency before issuing further de minimis exceptions.
507 (7) CONCURRENCY MANAGEMENT AREAS.—In order to promote urban
508 development and infill development and redevelopment, one or
509 more transportation concurrency management areas may be
510 designated in a local government comprehensive plan. A
511 transportation concurrency management area must be a compact
512 geographic area that has with an existing network of roads where
513 multiple, viable alternative travel paths or modes are available
514 for common trips. A local government may establish an areawide
515 level-of-service standard for such a transportation concurrency
516 management area based upon an analysis that provides for a
517 justification for the areawide level of service, how urban
518 infill development, infill, and or redevelopment will be
519 promoted, and how mobility will be accomplished within the
520 transportation concurrency management area. Before Prior to the
521 designation of a concurrency management area is designated, the
522 local government shall consult with the state land planning
523 agency and the Department of Transportation shall be consulted
524 by the local government to assess the impact that the proposed
525 concurrency management area is expected to have on the adopted
526 level-of-service standards established for Strategic Intermodal
527 System facilities, as defined in s. 339.64, and roadway
528 facilities funded in accordance with s. 339.2819. Further, the
529 local government shall, in cooperation with the state land
530 planning agency and the Department of Transportation, develop a
531 plan to mitigate any impacts to the Strategic Intermodal System,
532 including, if appropriate, the development of a long-term
533 concurrency management system pursuant to subsection (9) and s.
534 163.3177(3)(d). Transportation concurrency management areas
535 existing prior to July 1, 2005, shall meet, at a minimum, the
536 provisions of this section by July 1, 2006, or at the time of
537 the comprehensive plan update pursuant to the evaluation and
538 appraisal report, whichever occurs last. The state land planning
539 agency shall amend chapter 9J-5, Florida Administrative Code, to
540 be consistent with this subsection.
541 (8) URBAN REDEVELOPMENT.—When assessing the transportation
542 impacts of proposed urban redevelopment within an established
543 existing urban service area, 150 110 percent of the actual
544 transportation impact caused by the previously existing
545 development must be reserved for the redevelopment, even if the
546 previously existing development had has a lesser or nonexisting
547 impact pursuant to the calculations of the local government.
548 Redevelopment requiring less than 150 110 percent of the
549 previously existing capacity shall not be prohibited due to the
550 reduction of transportation levels of service below the adopted
551 standards. This does not preclude the appropriate assessment of
552 fees or accounting for the impacts within the concurrency
553 management system and capital improvements program of the
554 affected local government. This subsection paragraph does not
555 affect local government requirements for appropriate development
556 permits.
557 (9)(a) LONG-TERM CONCURRENCY MANAGEMENT.—Each local
558 government may adopt, as a part of its plan, long-term
559 transportation and school concurrency management systems that
560 have with a planning period of up to 10 years for specially
561 designated districts or areas where significant backlogs exist.
562 The plan may include interim level-of-service standards on
563 certain facilities and must shall rely on the local government’s
564 schedule of capital improvements for up to 10 years as a basis
565 for issuing development orders authorizing the that authorize
566 commencement of construction in the these designated districts
567 or areas. The concurrency management system must be designed to
568 correct existing deficiencies and set priorities for addressing
569 backlogged facilities. The concurrency management system must be
570 financially feasible and consistent with other portions of the
571 adopted local plan, including the future land use map.
572 (b) If a local government has a transportation or school
573 facility backlog for existing development which cannot be
574 adequately addressed in a 10-year plan, the state land planning
575 agency may allow the local government it to develop a plan and
576 long-term schedule of capital improvements covering up to 15
577 years for good and sufficient cause. The state land planning
578 agency’s determination must be, based on a general comparison
579 between the that local government and all other similarly
580 situated local jurisdictions, using the following factors: 1.
581 The extent of the backlog. 2. For roads, whether the backlog is
582 on local or state roads. 3. The cost of eliminating the backlog.
583 4. The local government’s tax and other revenue-raising efforts.
584 (c) The local government may issue approvals to commence
585 construction notwithstanding this section, consistent with and
586 in areas that are subject to a long-term concurrency management
587 system.
588 (d) If the local government adopts a long-term concurrency
589 management system, it must evaluate the system periodically. At
590 a minimum, the local government must assess its progress toward
591 improving levels of service within the long-term concurrency
592 management district or area in the evaluation and appraisal
593 report and determine any changes that are necessary to
594 accelerate progress in meeting acceptable levels of service.
595 (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.—With regard
596 to roadway facilities on the Strategic Intermodal System which
597 are designated in accordance with s. 339.63 ss. 339.61, 339.62,
598 339.63, and 339.64, the Florida Intrastate Highway System as
599 defined in s. 338.001, and roadway facilities funded in
600 accordance with s. 339.2819, local governments shall adopt the
601 level-of-service standard established by the Department of
602 Transportation by rule; however, if a project involves qualified
603 jobs created and certified by the Office of Tourism, Trade, and
604 Economic Development or if the project is a nonresidential
605 project located within an area designated by the Governor as a
606 rural area of critical economic concern under s. 288.0656(7),
607 the affected local government, after consulting with the
608 Department of Transportation, may adopt into its comprehensive
609 plan a lower level-of-service standard than the standard adopted
610 by the Department of Transportation. The lower level-of-service
611 standard shall apply only to a project conducted under the
612 Office of Tourism, Trade, and Economic Development. For all
613 other roads on the State Highway System, local governments shall
614 establish an adequate level-of-service standard that need not be
615 consistent with any level-of-service standard established by the
616 Department of Transportation. In establishing adequate level-of
617 service standards for any arterial roads, or collector roads as
618 appropriate, which traverse multiple jurisdictions, local
619 governments shall consider compatibility with the roadway
620 facility’s adopted level-of-service standards in adjacent
621 jurisdictions. Each local government within a county shall use a
622 professionally accepted methodology for measuring impacts on
623 transportation facilities for the purposes of implementing its
624 concurrency management system. Counties are encouraged to
625 coordinate with adjacent counties, and local governments within
626 a county are encouraged to coordinate, for the purpose of using
627 common methodologies for measuring impacts on transportation
628 facilities and for the purpose of implementing their concurrency
629 management systems.
630 (11) LIMITATION OF LIABILITY.—In order to limit a local
631 government’s the liability of local governments, the a local
632 government shall may allow a landowner to proceed with the
633 development of a specific parcel of land notwithstanding a
634 failure of the development to satisfy transportation
635 concurrency, if when all the following factors are shown to
636 exist:
637 (a) The local government having with jurisdiction over the
638 property has adopted a local comprehensive plan that is in
639 compliance.
640 (b) The proposed development is would be consistent with
641 the future land use designation for the specific property and
642 with pertinent portions of the adopted local plan, as determined
643 by the local government.
644 (c) The local plan includes a financially feasible capital
645 improvements element that provides for transportation facilities
646 adequate to serve the proposed development, and the local
647 government has not implemented that element.
648 (d) The local government has provided a means for assessing
649 by which the landowner for will be assessed a fair share of the
650 cost of providing the transportation facilities necessary to
651 serve the proposed development.
652 (e) The landowner has made a binding commitment to the
653 local government to pay the fair share of the cost of providing
654 the transportation facilities to serve the proposed development.
655 (12) REGIONAL IMPACT PROPORTIONATE-SHARE CONTRIBUTION.—
656 (a) A development of regional impact satisfies may satisfy
657 the transportation concurrency requirements of the local
658 comprehensive plan, the local government’s concurrency
659 management system, and s. 380.06 by paying payment of a
660 proportionate-share contribution for local and regionally
661 significant traffic impacts, if:
662 1.(a) The development of regional impact which, based on
663 its location or mix of land uses, is designed to encourage
664 pedestrian or other nonautomotive modes of transportation;
665 2.(b) The proportionate-share contribution for local and
666 regionally significant traffic impacts is sufficient to pay for
667 one or more required mobility improvements that will benefit the
668 network of a regionally significant transportation facilities
669 facility;
670 3.(c) The owner and developer of the development of
671 regional impact pays or assures payment of the proportionate-
672 share contribution to the local government having jurisdiction
673 over the development of regional impact; and
674 4.(d) If The regionally significant transportation facility
675 to be constructed or improved is under the maintenance authority
676 of a governmental entity, as defined by s. 334.03(12), other
677 than The local government having with jurisdiction over the
678 development of regional impact must, the developer is required
679 to enter into a binding and legally enforceable commitment to
680 transfer funds to the governmental entity having maintenance
681 authority or to otherwise assure construction or improvement of
682 a the facility reasonably related to the mobility demands
683 created by the development.
684 (b) The proportionate-share contribution may be applied to
685 any transportation facility to satisfy the provisions of this
686 subsection and the local comprehensive plan., but, for the
687 purposes of this subsection, The amount of the proportionate
688 share contribution shall be calculated based upon the cumulative
689 number of trips from the proposed new stage or phase of
690 development expected to reach roadways during the peak hour at
691 from the complete buildout of a stage or phase being approved,
692 divided by two to reflect that each off-site trip represents a
693 trip generated by another development, multiplied by the
694 construction cost at the time of the developer payment, the
695 product of which is divided by the change in the peak hour
696 maximum service volume of the roadways resulting from the
697 construction of an improvement necessary to maintain the adopted
698 level of service, multiplied by the construction cost, at the
699 time of developer payment, of the improvement necessary to
700 maintain the adopted level of service. For purposes of this
701 subparagraph subsection, the term “construction cost” includes
702 all associated costs of the improvement. Proportionate-share
703 mitigation shall be limited to ensure that a development of
704 regional impact meeting the requirements of this subsection
705 mitigates its impact on the transportation system but is not
706 responsible for the additional cost of reducing or eliminating
707 backlogs.
708 1. A developer may not be required to fund or construct
709 proportionate-share mitigation that is more extensive than
710 mitigation necessary to offset the impact of the development
711 project under review.
712 2. Proportionate-share mitigation shall be applied as a
713 credit against any transportation impact fees or exactions
714 assessed for the traffic impacts of a development.
715 3. Proportionate-share mitigation may be directed toward
716 one or more specific transportation improvements reasonably
717 related to the mobility demands created by the development and
718 such improvements may address one or more modes of
719 transportation.
720 4. The payment for such improvements that significantly
721 benefit the impacted transportation system satisfies concurrency
722 requirements as a mitigation of the development’s stage or phase
723 impacts upon the overall transportation system even if there
724 remains a failure of concurrency on other impacted facilities.
725 5. This subsection also applies to Florida Quality
726 Developments pursuant to s. 380.061 and to detailed specific
727 area plans implementing optional sector plans pursuant to s.
728 163.3245.
729 (13) SCHOOL CONCURRENCY.—School concurrency shall be
730 established on a districtwide basis and shall include all public
731 schools in the district and all portions of the district,
732 whether located in a municipality or an unincorporated area
733 unless exempt from the public school facilities element pursuant
734 to s. 163.3177(12). The application of school concurrency to
735 development shall be based upon the adopted comprehensive plan,
736 as amended. All local governments within a county, except as
737 provided in paragraph (f), shall adopt and transmit to the state
738 land planning agency the necessary plan amendments, along with
739 the interlocal agreement, for a compliance review pursuant to s.
740 163.3184(7) and (8). The minimum requirements for school
741 concurrency are the following:
742 (a) Public school facilities element.—A local government
743 shall adopt and transmit to the state land planning agency a
744 plan or plan amendment which includes a public school facilities
745 element which is consistent with the requirements of s.
746 163.3177(12) and which is determined to be in compliance as
747 defined in s. 163.3184(1)(b). All local government public school
748 facilities plan elements within a county must be consistent with
749 each other as well as the requirements of this part.
750 (b) Level-of-service standards.—The Legislature recognizes
751 that an essential requirement for a concurrency management
752 system is the level of service at which a public facility is
753 expected to operate.
754 1. Local governments and school boards imposing school
755 concurrency shall exercise authority in conjunction with each
756 other to establish jointly adequate level-of-service standards,
757 as defined in chapter 9J-5, Florida Administrative Code,
758 necessary to implement the adopted local government
759 comprehensive plan, based on data and analysis.
760 2. Public school level-of-service standards shall be
761 included and adopted into the capital improvements element of
762 the local comprehensive plan and shall apply districtwide to all
763 schools of the same type. Types of schools may include
764 elementary, middle, and high schools as well as special purpose
765 facilities such as magnet schools.
766 3. Local governments and school boards shall have the
767 option to utilize tiered level-of-service standards to allow
768 time to achieve an adequate and desirable level of service as
769 circumstances warrant.
770 (c) Service areas.—The Legislature recognizes that an
771 essential requirement for a concurrency system is a designation
772 of the area within which the level of service will be measured
773 when an application for a residential development permit is
774 reviewed for school concurrency purposes. This delineation is
775 also important for purposes of determining whether the local
776 government has a financially feasible public school capital
777 facilities program that will provide schools which will achieve
778 and maintain the adopted level-of-service standards.
779 1. In order to balance competing interests, preserve the
780 constitutional concept of uniformity, and avoid disruption of
781 existing educational and growth management processes, local
782 governments are encouraged to initially apply school concurrency
783 to development only on a districtwide basis so that a
784 concurrency determination for a specific development will be
785 based upon the availability of school capacity districtwide. To
786 ensure that development is coordinated with schools having
787 available capacity, within 5 years after adoption of school
788 concurrency, local governments shall apply school concurrency on
789 a less than districtwide basis, such as using school attendance
790 zones or concurrency service areas, as provided in subparagraph
791 2.
792 2. For local governments applying school concurrency on a
793 less than districtwide basis, such as utilizing school
794 attendance zones or larger school concurrency service areas,
795 local governments and school boards shall have the burden to
796 demonstrate that the utilization of school capacity is maximized
797 to the greatest extent possible in the comprehensive plan and
798 amendment, taking into account transportation costs and court
799 approved desegregation plans, as well as other factors. In
800 addition, in order to achieve concurrency within the service
801 area boundaries selected by local governments and school boards,
802 the service area boundaries, together with the standards for
803 establishing those boundaries, shall be identified and included
804 as supporting data and analysis for the comprehensive plan.
805 3. Where school capacity is available on a districtwide
806 basis but school concurrency is applied on a less than
807 districtwide basis in the form of concurrency service areas, if
808 the adopted level-of-service standard cannot be met in a
809 particular service area as applied to an application for a
810 development permit and if the needed capacity for the particular
811 service area is available in one or more contiguous service
812 areas, as adopted by the local government, then the local
813 government may not deny an application for site plan or final
814 subdivision approval or the functional equivalent for a
815 development or phase of a development on the basis of school
816 concurrency, and if issued, development impacts shall be shifted
817 to contiguous service areas with schools having available
818 capacity.
819 (d) Financial feasibility.—The Legislature recognizes that
820 financial feasibility is an important issue because the premise
821 of concurrency is that the public facilities will be provided in
822 order to achieve and maintain the adopted level-of-service
823 standard. This part and chapter 9J-5, Florida Administrative
824 Code, contain specific standards to determine the financial
825 feasibility of capital programs. These standards were adopted to
826 make concurrency more predictable and local governments more
827 accountable.
828 1. A comprehensive plan amendment seeking to impose school
829 concurrency shall contain appropriate amendments to the capital
830 improvements element of the comprehensive plan, consistent with
831 the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
832 Administrative Code. The capital improvements element shall set
833 forth a financially feasible public school capital facilities
834 program, established in conjunction with the school board, that
835 demonstrates that the adopted level-of-service standards will be
836 achieved and maintained.
837 2. Such amendments shall demonstrate that the public school
838 capital facilities program meets all of the financial
839 feasibility standards of this part and chapter 9J-5, Florida
840 Administrative Code, that apply to capital programs which
841 provide the basis for mandatory concurrency on other public
842 facilities and services.
843 3. When the financial feasibility of a public school
844 capital facilities program is evaluated by the state land
845 planning agency for purposes of a compliance determination, the
846 evaluation shall be based upon the service areas selected by the
847 local governments and school board.
848 (e) Availability standard.—Consistent with the public
849 welfare, a local government may not deny an application for site
850 plan, final subdivision approval, or the functional equivalent
851 for a development or phase of a development authorizing
852 residential development for failure to achieve and maintain the
853 level-of-service standard for public school capacity in a local
854 school concurrency management system where adequate school
855 facilities will be in place or under actual construction within
856 3 years after the issuance of final subdivision or site plan
857 approval, or the functional equivalent. School concurrency is
858 satisfied if the developer executes a legally binding commitment
859 to provide mitigation proportionate to the demand for public
860 school facilities to be created by actual development of the
861 property, including, but not limited to, the options described
862 in subparagraph 1. Options for proportionate-share mitigation of
863 impacts on public school facilities must be established in the
864 public school facilities element and the interlocal agreement
865 pursuant to s. 163.31777.
866 1. Appropriate mitigation options include the contribution
867 of land; the construction, expansion, or payment for land
868 acquisition or construction of a public school facility; or the
869 creation of mitigation banking based on the construction of a
870 public school facility in exchange for the right to sell
871 capacity credits. Such options must include execution by the
872 applicant and the local government of a development agreement
873 that constitutes a legally binding commitment to pay
874 proportionate-share mitigation for the additional residential
875 units approved by the local government in a development order
876 and actually developed on the property, taking into account
877 residential density allowed on the property prior to the plan
878 amendment that increased the overall residential density. The
879 district school board must be a party to such an agreement. As a
880 condition of its entry into such a development agreement, the
881 local government may require the landowner to agree to
882 continuing renewal of the agreement upon its expiration.
883 2. If the education facilities plan and the public
884 educational facilities element authorize a contribution of land;
885 the construction, expansion, or payment for land acquisition; or
886 the construction or expansion of a public school facility, or a
887 portion thereof, as proportionate-share mitigation, the local
888 government shall credit such a contribution, construction,
889 expansion, or payment toward any other impact fee or exaction
890 imposed by local ordinance for the same need, on a dollar-for
891 dollar basis at fair market value.
892 3. Any proportionate-share mitigation must be directed by
893 the school board toward a school capacity improvement identified
894 in a financially feasible 5-year district work plan that
895 satisfies the demands created by the development in accordance
896 with a binding developer’s agreement.
897 4. If a development is precluded from commencing because
898 there is inadequate classroom capacity to mitigate the impacts
899 of the development, the development may nevertheless commence if
900 there are accelerated facilities in an approved capital
901 improvement element scheduled for construction in year four or
902 later of such plan which, when built, will mitigate the proposed
903 development, or if such accelerated facilities will be in the
904 next annual update of the capital facilities element, the
905 developer enters into a binding, financially guaranteed
906 agreement with the school district to construct an accelerated
907 facility within the first 3 years of an approved capital
908 improvement plan, and the cost of the school facility is equal
909 to or greater than the development’s proportionate share. When
910 the completed school facility is conveyed to the school
911 district, the developer shall receive impact fee credits usable
912 within the zone where the facility is constructed or any
913 attendance zone contiguous with or adjacent to the zone where
914 the facility is constructed.
915 5. This paragraph does not limit the authority of a local
916 government to deny a development permit or its functional
917 equivalent pursuant to its home rule regulatory powers, except
918 as provided in this part.
919 (f) Intergovernmental coordination.—
920 1. When establishing concurrency requirements for public
921 schools, a local government shall satisfy the requirements for
922 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
923 and 2., except that a municipality is not required to be a
924 signatory to the interlocal agreement required by ss.
925 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
926 imposition of school concurrency, and as a nonsignatory, shall
927 not participate in the adopted local school concurrency system,
928 if the municipality meets all of the following criteria for
929 having no significant impact on school attendance:
930 a. The municipality has issued development orders for fewer
931 than 50 residential dwelling units during the preceding 5 years,
932 or the municipality has generated fewer than 25 additional
933 public school students during the preceding 5 years.
934 b. The municipality has not annexed new land during the
935 preceding 5 years in land use categories which permit
936 residential uses that will affect school attendance rates.
937 c. The municipality has no public schools located within
938 its boundaries.
939 d. At least 80 percent of the developable land within the
940 boundaries of the municipality has been built upon.
941 2. A municipality which qualifies as having no significant
942 impact on school attendance pursuant to the criteria of
943 subparagraph 1. must review and determine at the time of its
944 evaluation and appraisal report pursuant to s. 163.3191 whether
945 it continues to meet the criteria pursuant to s. 163.31777(6).
946 If the municipality determines that it no longer meets the
947 criteria, it must adopt appropriate school concurrency goals,
948 objectives, and policies in its plan amendments based on the
949 evaluation and appraisal report, and enter into the existing
950 interlocal agreement required by ss. 163.3177(6)(h)2. and
951 163.31777, in order to fully participate in the school
952 concurrency system. If such a municipality fails to do so, it
953 will be subject to the enforcement provisions of s. 163.3191.
954 (g) Interlocal agreement for school concurrency.—When
955 establishing concurrency requirements for public schools, a
956 local government must enter into an interlocal agreement that
957 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
958 163.31777 and the requirements of this subsection. The
959 interlocal agreement shall acknowledge both the school board’s
960 constitutional and statutory obligations to provide a uniform
961 system of free public schools on a countywide basis, and the
962 land use authority of local governments, including their
963 authority to approve or deny comprehensive plan amendments and
964 development orders. The interlocal agreement shall be submitted
965 to the state land planning agency by the local government as a
966 part of the compliance review, along with the other necessary
967 amendments to the comprehensive plan required by this part. In
968 addition to the requirements of ss. 163.3177(6)(h) and
969 163.31777, the interlocal agreement shall meet the following
970 requirements:
971 1. Establish the mechanisms for coordinating the
972 development, adoption, and amendment of each local government’s
973 public school facilities element with each other and the plans
974 of the school board to ensure a uniform districtwide school
975 concurrency system.
976 2. Establish a process for the development of siting
977 criteria which encourages the location of public schools
978 proximate to urban residential areas to the extent possible and
979 seeks to collocate schools with other public facilities such as
980 parks, libraries, and community centers to the extent possible.
981 3. Specify uniform, districtwide level-of-service standards
982 for public schools of the same type and the process for
983 modifying the adopted level-of-service standards.
984 4. Establish a process for the preparation, amendment, and
985 joint approval by each local government and the school board of
986 a public school capital facilities program which is financially
987 feasible, and a process and schedule for incorporation of the
988 public school capital facilities program into the local
989 government comprehensive plans on an annual basis.
990 5. Define the geographic application of school concurrency.
991 If school concurrency is to be applied on a less than
992 districtwide basis in the form of concurrency service areas, the
993 agreement shall establish criteria and standards for the
994 establishment and modification of school concurrency service
995 areas. The agreement shall also establish a process and schedule
996 for the mandatory incorporation of the school concurrency
997 service areas and the criteria and standards for establishment
998 of the service areas into the local government comprehensive
999 plans. The agreement shall ensure maximum utilization of school
1000 capacity, taking into account transportation costs and court
1001 approved desegregation plans, as well as other factors. The
1002 agreement shall also ensure the achievement and maintenance of
1003 the adopted level-of-service standards for the geographic area
1004 of application throughout the 5 years covered by the public
1005 school capital facilities plan and thereafter by adding a new
1006 fifth year during the annual update.
1007 6. Establish a uniform districtwide procedure for
1008 implementing school concurrency which provides for:
1009 a. The evaluation of development applications for
1010 compliance with school concurrency requirements, including
1011 information provided by the school board on affected schools,
1012 impact on levels of service, and programmed improvements for
1013 affected schools and any options to provide sufficient capacity;
1014 b. An opportunity for the school board to review and
1015 comment on the effect of comprehensive plan amendments and
1016 rezonings on the public school facilities plan; and
1017 c. The monitoring and evaluation of the school concurrency
1018 system.
1019 7. Include provisions relating to amendment of the
1020 agreement.
1021 8. A process and uniform methodology for determining
1022 proportionate-share mitigation pursuant to subparagraph (e)1.
1023 (h) Local government authority.—This subsection does not
1024 limit the authority of a local government to grant or deny a
1025 development permit or its functional equivalent prior to the
1026 implementation of school concurrency.
1027 (14) RULEMAKING AUTHORITY.—The state land planning agency
1028 shall, by October 1, 1998, adopt by rule minimum criteria for
1029 the review and determination of compliance of a public school
1030 facilities element adopted by a local government for purposes of
1031 the imposition of school concurrency.
1032 (15)(a) MULTIMODAL DISTRICTS.—Multimodal transportation
1033 districts may be established under a local government
1034 comprehensive plan in areas delineated on the future land use
1035 map for which the local comprehensive plan assigns secondary
1036 priority to vehicle mobility and primary priority to assuring a
1037 safe, comfortable, and attractive pedestrian environment, with
1038 convenient interconnection to transit. Such districts must
1039 incorporate community design features that will reduce the
1040 number of automobile trips or vehicle miles of travel and will
1041 support an integrated, multimodal transportation system. Before
1042 Prior to the designation of multimodal transportation districts,
1043 the Department of Transportation shall, in consultation with be
1044 consulted by the local government, to assess the impact that the
1045 proposed multimodal district area is expected to have on the
1046 adopted level-of-service standards established for Strategic
1047 Intermodal System facilities, as provided in s. 339.63 defined
1048 in s. 339.64, and roadway facilities funded in accordance with
1049 s. 339.2819. Further, the local government shall, in cooperation
1050 with the Department of Transportation, develop a plan to
1051 mitigate any impacts to the Strategic Intermodal System,
1052 including the development of a long-term concurrency management
1053 system pursuant to subsection (9) and s. 163.3177(3)(d).
1054 Multimodal transportation districts existing prior to July 1,
1055 2005, shall meet, at a minimum, the provisions of this section
1056 by July 1, 2006, or at the time of the comprehensive plan update
1057 pursuant to the evaluation and appraisal report, whichever
1058 occurs last.
1059 (b) Community design elements of such a multimodal
1060 transportation district include:
1061 1. A complementary mix and range of land uses, including
1062 educational, recreational, and cultural uses;
1063 2. Interconnected networks of streets designed to encourage
1064 walking and bicycling, with traffic-calming where desirable;
1065 3. Appropriate densities and intensities of use within
1066 walking distance of transit stops;
1067 4. Daily activities within walking distance of residences,
1068 allowing independence to persons who do not drive; and
1069 5. Public uses, streets, and squares that are safe,
1070 comfortable, and attractive for the pedestrian, with adjoining
1071 buildings open to the street and with parking not interfering
1072 with pedestrian, transit, automobile, and truck travel modes.
1073 (c) Local governments may establish multimodal level-of
1074 service standards that rely primarily on nonvehicular modes of
1075 transportation within the district, if when justified by an
1076 analysis demonstrating that the existing and planned community
1077 design will provide an adequate level of mobility within the
1078 district based upon professionally accepted multimodal level-of
1079 service methodologies. The analysis must also demonstrate that
1080 the capital improvements required to promote community design
1081 are financially feasible over the development or redevelopment
1082 timeframe for the district and that community design features
1083 within the district provide convenient interconnection for a
1084 multimodal transportation system. Local governments may issue
1085 development permits in reliance upon all planned community
1086 design capital improvements that are financially feasible over
1087 the development or redevelopment timeframe for the district,
1088 regardless of without regard to the period of time between
1089 development or redevelopment and the scheduled construction of
1090 the capital improvements. A determination of financial
1091 feasibility shall be based upon currently available funding or
1092 funding sources that could reasonably be expected to become
1093 available over the planning period.
1094 (d) Local governments may reduce impact fees or local
1095 access fees for development within multimodal transportation
1096 districts based on the reduction of vehicle trips per household
1097 or vehicle miles of travel expected from the development pattern
1098 planned for the district.
1099 (e) By December 1, 2007, The Department of Transportation,
1100 in consultation with the state land planning agency and
1101 interested local governments, may designate a study area for
1102 conducting a pilot project to determine the benefits of and
1103 barriers to establishing a regional multimodal transportation
1104 concurrency district that extends over more than one local
1105 government jurisdiction. If designated:
1106 1. The study area must be in a county that has a population
1107 of at least 1,000 persons per square mile, be within an urban
1108 service area, and have the consent of the local governments
1109 within the study area. The Department of Transportation and the
1110 state land planning agency shall provide technical assistance.
1111 2. The local governments within the study area and the
1112 Department of Transportation, in consultation with the state
1113 land planning agency, shall cooperatively create a multimodal
1114 transportation plan that meets the requirements in of this
1115 section. The multimodal transportation plan must include viable
1116 local funding options and incorporate community design features,
1117 including a range of mixed land uses and densities and
1118 intensities, which will reduce the number of automobile trips or
1119 vehicle miles of travel while supporting an integrated,
1120 multimodal transportation system.
1121 3. In order to effectuate the multimodal transportation
1122 concurrency district, participating local governments may adopt
1123 appropriate comprehensive plan amendments.
1124 4. The Department of Transportation, in consultation with
1125 the state land planning agency, shall submit a report by March
1126 1, 2009, to the Governor, the President of the Senate, and the
1127 Speaker of the House of Representatives on the status of the
1128 pilot project. The report must identify any factors that support
1129 or limit the creation and success of a regional multimodal
1130 transportation district including intergovernmental
1131 coordination.
1132 (16) PROPORTIONATE FAIR-SHARE MITIGATION.—It is the intent
1133 of the Legislature to provide a method by which the impacts of
1134 development on transportation facilities can be mitigated by the
1135 cooperative efforts of the public and private sectors. The
1136 methodology used to calculate proportionate fair-share
1137 mitigation shall be calculated as follows: mitigation under this
1138 section shall be as provided for in subsection (12).
1139 (a) The proportionate fair-share contribution shall be
1140 calculated based upon the cumulative number of trips from the
1141 proposed new stage or phase of development expected to reach
1142 roadways during the peak hour at the complete buildout of a
1143 stage or phase being approved, divided by the change in the peak
1144 hour maximum service volume of the roadways resulting from the
1145 construction of an improvement necessary to maintain the adopted
1146 level of service. The calculated proportionate fair-share
1147 contribution shall be multiplied by the construction cost, at
1148 the time of developer payment, of the improvement necessary to
1149 maintain the adopted level of service in order to determine the
1150 proportionate fair-share contribution. For purposes of this
1151 subparagraph, the term “construction cost” includes all
1152 associated costs of the improvement.
1153 (b)(a) By December 1, 2006, Each local government shall
1154 adopt by ordinance a methodology for assessing proportionate
1155 fair-share mitigation options consistent with this section. By
1156 December 1, 2005, the Department of Transportation shall develop
1157 a model transportation concurrency management ordinance with
1158 methodologies for assessing proportionate fair-share mitigation
1159 options.
1160 (c)(b)1. In its transportation concurrency management
1161 system, a local government shall, by December 1, 2006, include
1162 methodologies that will be applied to calculate proportionate
1163 fair-share mitigation. A developer may choose to satisfy all
1164 transportation concurrency requirements by contributing or
1165 paying proportionate fair-share mitigation if transportation
1166 facilities or facility segments identified as mitigation for
1167 traffic impacts are specifically identified for funding in the
1168 5-year schedule of capital improvements in the capital
1169 improvements element of the local plan or the long-term
1170 concurrency management system or if such contributions or
1171 payments to such facilities or segments are reflected in the 5-
1172 year schedule of capital improvements in the next regularly
1173 scheduled update of the capital improvements element. Updates to
1174 the 5-year capital improvements element which reflect
1175 proportionate fair-share contributions may not be found not in
1176 compliance based on ss. 163.3164(32) and 163.3177(3) if
1177 additional contributions, payments or funding sources are
1178 reasonably anticipated during a period not to exceed 10 years to
1179 fully mitigate impacts on the transportation facilities.
1180 2. Proportionate fair-share mitigation shall be applied as
1181 a credit against all transportation impact fees or any exactions
1182 assessed for the traffic impacts of a development to the extent
1183 that all or a portion of the proportionate fair-share mitigation
1184 is used to address the same capital infrastructure improvements
1185 contemplated by the local government’s impact fee ordinance.
1186 (d)(c) Proportionate fair-share mitigation includes,
1187 without limitation, separately or collectively, private funds,
1188 contributions of land, or and construction and contribution of
1189 facilities and may include public funds as determined by the
1190 local government. Proportionate fair-share mitigation may be
1191 directed toward one or more specific transportation improvements
1192 reasonably related to the mobility demands created by the
1193 development and such improvements may address one or more modes
1194 of travel. The fair market value of the proportionate fair-share
1195 mitigation may shall not differ based on the form of mitigation.
1196 A local government may not require a development to pay more
1197 than its proportionate fair-share contribution regardless of the
1198 method of mitigation. Proportionate fair-share mitigation shall
1199 be limited to ensure that a development meeting the requirements
1200 of this section mitigates its impact on the transportation
1201 system but is not responsible for the additional cost of
1202 reducing or eliminating backlogs.
1203 (e)(d) This subsection does not require a local government
1204 to approve a development that is not otherwise qualified for
1205 approval pursuant to the applicable local comprehensive plan and
1206 land development regulations; however, a development that
1207 satisfies the requirements of this section shall not be denied
1208 on the basis of a failure to mitigate its transportation impacts
1209 under the local comprehensive plan or land development
1210 regulations. This paragraph does not limit a local government
1211 from imposing lawfully adopted transportation impact fees.
1212 (f)(e) Mitigation for development impacts to facilities on
1213 the Strategic Intermodal System made pursuant to this subsection
1214 requires the concurrence of the Department of Transportation.
1215 (g)(f) If the funds in an adopted 5-year capital
1216 improvements element are insufficient to fully fund construction
1217 of a transportation improvement required by the local
1218 government’s concurrency management system, a local government
1219 and a developer may still enter into a binding proportionate-
1220 share agreement authorizing the developer to construct that
1221 amount of development on which the proportionate share is
1222 calculated if the proportionate-share amount in such agreement
1223 is sufficient to pay for one or more improvements which will, in
1224 the opinion of the governmental entity or entities maintaining
1225 the transportation facilities, significantly benefit the
1226 impacted transportation system. The improvements funded by the
1227 proportionate-share component must be adopted into the 5-year
1228 capital improvements schedule of the comprehensive plan at the
1229 next annual capital improvements element update. The funding of
1230 any improvements that significantly benefit the impacted
1231 transportation system satisfies concurrency requirements as a
1232 mitigation of the development’s impact upon the overall
1233 transportation system even if there remains a failure of
1234 concurrency on other impacted facilities.
1235 (h)(g) Except as provided in subparagraph (c)1. (b)1., this
1236 section does may not prohibit the state land planning agency
1237 Department of Community Affairs from finding other portions of
1238 the capital improvements element amendments not in compliance as
1239 provided in this chapter.
1240 (i)(h) The provisions of This subsection does do not apply
1241 to a development of regional impact satisfying the requirements
1242 in of subsection (12).
1243 (17) AFFORDABLE WORKFORCE HOUSING.—A local government and
1244 the developer of affordable workforce housing units developed in
1245 accordance with s. 380.06(19) or s. 380.0651(3) may identify an
1246 employment center or centers in close proximity to the
1247 affordable workforce housing units. If at least 50 percent of
1248 the units are occupied by an employee or employees of an
1249 identified employment center or centers, all of the affordable
1250 workforce housing units are exempt from transportation
1251 concurrency requirements, and the local government may not
1252 reduce any transportation trip-generation entitlements of an
1253 approved development-of-regional-impact development order. As
1254 used in this subsection, the term “close proximity” means 5
1255 miles from the nearest point of the development of regional
1256 impact to the nearest point of the employment center, and the
1257 term “employment center” means a place of employment that
1258 employs at least 25 or more full-time employees.
1259 (18) INCENTIVES FOR CONTRIBUTIONS.—Landowners or
1260 developers, including landowners or developers of developments
1261 of regional impact, who propose a large-scale development of 500
1262 cumulative acres or more may satisfy all of the transportation
1263 concurrency requirements by contributing or paying proportionate
1264 share or proportionate fair-share mitigation. If such
1265 contribution is made, a local government shall:
1266 (a) Designate the traffic impacts for transportation
1267 facilities or facility segments as mitigated for funding in the
1268 5-year schedule of capital improvements in the capital
1269 improvements element of the local comprehensive plan or the
1270 long-term concurrency management system; or
1271 (b) Reflect that the traffic impacts for transportation
1272 facilities or facility segments are mitigated in the 5-year
1273 schedule of capital improvements in the next regularly scheduled
1274 update of the capital improvements element. Updates to the 5
1275 year capital improvements element which reflect proportionate
1276 share or proportionate fair-share contributions are deemed
1277 compliant with s. 163.3164(32) or s. 163.3177(3) if additional
1278 contributions, payments, or funding sources are reasonably
1279 anticipated during a period not to exceed 10 years and would
1280 fully mitigate impacts on the transportation facilities and
1281 facility segments.
1282 (19) COSTS OF MITIGATION.—The costs of mitigation for
1283 concurrency impacts shall be distributed to all affected
1284 jurisdictions by the local government having jurisdiction over
1285 project or development approval. Distribution shall be
1286 proportionate to the percentage of the total concurrency
1287 mitigation costs incurred by an affected jurisdiction.
1288 Section 4. Section 163.31802, Florida Statutes, is created
1289 to read:
1290 163.31802 Prohibited standards for security.—A county,
1291 municipality, or other local government entity may not adopt or
1292 maintain in effect an ordinance or rule that establishes
1293 standards for security devices which require a lawful business
1294 to expend funds to enhance the services or functions provided by
1295 local government unless provided by general law.
1296 Section 5. Subsection (2) of section 163.3182, Florida
1297 Statutes, is amended to read:
1298 163.3182 Transportation concurrency backlogs.—
1299 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
1300 AUTHORITIES.—
1301 (a) A county or municipality may create a transportation
1302 concurrency backlog authority if it has an identified
1303 transportation concurrency backlog.
1304 (b) No later than 2012, a local government that has an
1305 identified transportation concurrency backlog shall adopt one or
1306 more transportation concurrency backlog areas as part of the
1307 local government’s capital improvements element update to its
1308 submission of financial feasibility to the state land planning
1309 agency. Any additional areas that a local government creates
1310 shall be submitted biannually to the state land planning agency
1311 until the local government has demonstrated, no later than 2027,
1312 that the backlog existing in 2012 has been mitigated through
1313 construction or planned construction of the necessary
1314 transportation mobility improvements. If a local government is
1315 unable to meet the biannual requirements of the capital
1316 improvements element update for new areas as a result of
1317 economic conditions, the local government may request from the
1318 state land planning agency a one-time waiver of the requirement
1319 to file the biannual creation of new transportation concurrency
1320 backlog authority areas.
1321 (c) Landowners or developers within a large-scale
1322 development area of 500 cumulative acres or more may request the
1323 local government to create a transportation concurrency backlog
1324 area for the development area for roadways significantly
1325 affected by traffic from the development if those roadways are
1326 or will be backlogged as defined by s. 163.3164(35). If a
1327 development permit is issued or a comprehensive plan amendment
1328 is approved within the development area, the local government
1329 shall designate the transportation concurrency backlog area
1330 unless the funding is insufficient to address one or more
1331 transportation capacity improvements necessary to satisfy the
1332 additional deficiencies coexisting or anticipated with the new
1333 development. The transportation concurrency backlog area shall
1334 be created by ordinance and shall be used to satisfy all
1335 proportionate share or proportionate fair-share transportation
1336 concurrency contributions of the development not otherwise
1337 satisfied by impact fees. The local government shall manage the
1338 area acting as a transportation concurrency backlog authority
1339 and all applicable provisions of this section apply, except that
1340 the tax increment shall be used to satisfy transportation
1341 concurrency requirements not otherwise satisfied by impact fees.
1342 (d)(b) Acting as the transportation concurrency backlog
1343 authority within the authority’s jurisdictional boundary, the
1344 governing body of a county or municipality shall adopt and
1345 implement a plan to eliminate all identified transportation
1346 concurrency backlogs within the authority’s jurisdiction using
1347 funds provided pursuant to subsection (5) and as otherwise
1348 provided pursuant to this section.
1349 (e) Notwithstanding any general law, special act, or
1350 ordinance to the contrary, a local government may not require
1351 any payments for transportation concurrency exceeding a
1352 development’s traffic impacts as identified pursuant to impact
1353 fees or s. 163.3180(12) or (16) and may not require such
1354 payments as a condition of a development order or permit. If
1355 such payments required to satisfy a development’s share of
1356 transportation concurrency costs do not mitigate all traffic
1357 impacts of the planned development area because of existing or
1358 future backlog conditions, the owner or developer may petition
1359 the local government for designation of a transportation
1360 concurrency backlog area pursuant to this section, which shall
1361 satisfy any remaining concurrency backlog requirements in the
1362 impacted area.
1363 Section 6. Paragraph (a) of subsection (7) of section
1364 380.06, Florida Statutes, is amended to read:
1365 380.06 Developments of regional impact.—
1366 (7) PREAPPLICATION PROCEDURES.—
1367 (a) Before filing an application for development approval,
1368 the developer shall contact the regional planning agency having
1369 with jurisdiction over the proposed development to arrange a
1370 preapplication conference. Upon the request of the developer or
1371 the regional planning agency, other affected state and regional
1372 agencies shall participate in the this conference and shall
1373 identify the types of permits issued by the agencies, the level
1374 of information required, and the permit issuance procedures as
1375 applied to the proposed development. The levels of service
1376 required in the transportation methodology must be the same
1377 levels of service used to evaluate concurrency and proportionate
1378 share pursuant to s. 163.3180. The regional planning agency
1379 shall provide the developer information to the developer
1380 regarding about the development-of-regional-impact process and
1381 the use of preapplication conferences to identify issues,
1382 coordinate appropriate state and local agency requirements, and
1383 otherwise promote a proper and efficient review of the proposed
1384 development. If an agreement is reached regarding assumptions
1385 and methodology to be used in the application for development
1386 approval, the reviewing agencies may not subsequently object to
1387 those assumptions and methodologies unless subsequent changes to
1388 the project or information obtained during the review make those
1389 assumptions and methodologies inappropriate.
1390 Section 7. Present subsection (19) of section 403.973,
1391 Florida Statutes, is redesignated as subsection (20), and a new
1392 subsection (19) is added to that section, to read:
1393 403.973 Expedited permitting; comprehensive plan
1394 amendments.—
1395 (19) It is the intent of the Legislature to encourage and
1396 facilitate the location of businesses in the state which will
1397 create jobs and high wages, diversify the state’s economy, and
1398 promote the development of energy saving technologies and other
1399 clean technologies to be used in Florida communities. It is also
1400 the intent of the Legislature to provide incentives in
1401 regulatory process for mixed use projects that are regional
1402 centers for clean technology (RCCT) to accomplish the goals of
1403 this section and meet additional performance criteria for
1404 conservation, reduced energy and water consumption, and other
1405 practices for creating a sustainable community.
1406 (a) In order to qualify for the incentives in this
1407 subsection, a proposed RCCT project must:
1408 1. Create new jobs in development, manufacturing, and
1409 distribution in the clean technology industry, including, but
1410 not limited to, energy and fuel saving, alternative energy
1411 production, or carbon-reduction technologies. Overall job
1412 creation must be at a minimum ratio of one job for every
1413 household in the project and produce no fewer than 10,000 jobs
1414 upon completion of the project.
1415 2. Provide at least 25 percent of site-wide demand for
1416 electricity by new renewable energy sources.
1417 3. Use building design and construction techniques and
1418 materials to reduce project-wide energy demand by at least 25
1419 percent compared to 2009 average per capita consumption for the
1420 state.
1421 4. Use conservation and construction techniques and
1422 materials to reduce potable water consumption by at least 25
1423 percent compared to 2009 average per capita consumption for the
1424 state.
1425 5. Have a projected per capita carbon emissions at least 25
1426 percent below the 2009 average per capita carbon emissions for
1427 the state.
1428 6. Contain at least 25,000 acres, at least 50 percent of
1429 which will be dedicated to conservation or open space. The
1430 project site must be directly accessible to a crossroad of two
1431 Strategic Intermodal System facilities and may not be located in
1432 a coastal high-hazard area.
1433 7. Be planned to contain a mix of land uses, including, at
1434 minimum, 5 million square feet of combined research and
1435 development, industrial uses, and commercial land uses, and a
1436 balanced mix of housing to meet the demands for jobs and wages
1437 created within the project.
1438 8. Be designed to greatly reduce the need for automobile
1439 usage through an intramodal mass transit system, site design,
1440 and other strategies to reduce vehicle miles travelled.
1441 (b) The office shall certify a RCCT project as eligible for
1442 the incentives in this subsection within 30 days after receiving
1443 an application that meets the criteria paragraph (a). The
1444 application must be received within 180 days after July 1, 2009,
1445 in order to qualify for this incentive. The recommendation from
1446 the governing body of the county or municipality in which the
1447 project may be located is required in order for the office to
1448 certify that any project is eligible for the expedited review
1449 and incentives under this subsection. The office may decertify a
1450 project that has failed to meet the criteria in this subsection
1451 and the commitments set forth in the application.
1452 (c)1. The office shall direct the creation of regional
1453 permit action teams through a memorandum of agreement as set
1454 forth in subsections (4)-(6). The RCCT project shall be eligible
1455 for the expedited permitting and other incentives provided in
1456 this section.
1457 2. Notwithstanding any other provisions of law,
1458 applications for comprehensive plan amendments received before
1459 June 1, 2009, which are associated with RCCT projects certified
1460 under this subsection, including text amendments that set forth
1461 parameters for establishing a RCCT project map amendment, shall
1462 be processed pursuant to the provisions of s. 163.3187(1)(c) and
1463 (3). The Legislature finds that a project meeting the criteria
1464 for certification under this subsection meets the requirements
1465 for land use allocation need based on population projections,
1466 discouragement of urban sprawl, the provisions of s.
1467 163.3177(6)(a) and (11), and implementing rules.
1468 3. Any development projects within the certified project
1469 which are subject to development-of-regional-impact review
1470 pursuant to the applicable provisions of chapter 380 shall be
1471 reviewed pursuant to that chapter and applicable rules. If a
1472 RCCT project qualifies as a development of regional impact, the
1473 application must be submitted within 180 days after the adoption
1474 of the related comprehensive plan amendment. Notwithstanding any
1475 other provisions of law, the state land planning agency may not
1476 appeal a local government development order issued under chapter
1477 380 unless the agency having regulatory authority over the
1478 subject area of the appeal has recommended an appeal.
1479 Section 8. Transportation mobility fee.—
1480 (1)(a) The Legislature finds that the existing
1481 transportation concurrency system has not adequately addressed
1482 the transportation needs of this state in an effective,
1483 predictable, and equitable manner and is not producing a
1484 sustainable transportation system for the state. The Legislature
1485 finds that the current system is complex, lacks uniformity among
1486 jurisdictions, is too focused on roadways to the detriment of
1487 desired land use patterns and transportation alternatives, and
1488 frequently prevents the attainment of important growth
1489 management goals.
1490 (b) The Legislature determines that the state shall
1491 evaluate and, as deemed feasible, implement a different adequate
1492 public facility requirement for transportation which uses a
1493 mobility fee. The mobility fee shall be designed to provide for
1494 mobility needs, ensure that development provides mitigation for
1495 its impacts on the transportation system in approximate
1496 proportionality to those impacts, fairly distribute financial
1497 burdens, and promote compact, mixed-use, and energy efficient
1498 development.
1499 (2) The Legislature directs the state land planning agency
1500 and the Department of Transportation, both of which are
1501 currently performing independent mobility fee studies, to
1502 coordinate and use those studies in developing a methodology for
1503 a mobility fee system as follows:
1504 (a) The uniform mobility fee methodology for statewide
1505 application is intended to replace existing transportation
1506 concurrency management systems adopted and implemented by local
1507 governments. The studies shall focus upon developing a
1508 methodology that includes:
1509 1. A determination of the amount, distribution, and timing
1510 of vehicular and people-miles traveled by applying
1511 professionally accepted standards and practices in the
1512 disciplines of land use and transportation planning, including
1513 requirements of constitutional and statutory law.
1514 2. The development of an equitable mobility fee that
1515 provides funding for future mobility needs whereby new
1516 development mitigates in approximate proportionality its impacts
1517 on the transportation system, yet is not delayed or held
1518 accountable for system backlogs or failures that are not
1519 directly attributable to the proposed development.
1520 3. The replacement of transportation-related financial
1521 feasibility obligations, proportionate-share contributions for
1522 developments of regional impacts, proportionate fair-share
1523 contributions, and locally adopted transportation impact fees
1524 with the mobility fee, such that a single transportation fee may
1525 be applied uniformly on a statewide basis by application of the
1526 mobility fee formula developed by these studies.
1527 4. Applicability of the mobility fee on a statewide or more
1528 limited geographic basis, accounting for special requirements
1529 arising from implementation for urban, suburban, and rural
1530 areas, including recommendations for an equitable implementation
1531 in these areas.
1532 5. The feasibility of developer contributions of land for
1533 right-of-way or developer-funded improvements to the
1534 transportation network to be recognized as credits against the
1535 mobility fee by entering into mutually acceptable agreements
1536 reached with the impacted jurisdiction.
1537 6. An equitable methodology for distribution of the
1538 mobility fee proceeds among those jurisdictions responsible for
1539 construction and maintenance of the impacted roadways, such that
1540 the collected mobility fees are used for improvements to the
1541 overall transportation network of the impacted jurisdiction.
1542 (b) The state land planning agency and the Department of
1543 Transportation shall develop and submit to the President of the
1544 Senate and the Speaker of the House of Representatives, no later
1545 than July 15, 2009, an initial interim joint report on the
1546 status of the mobility fee methodology study, no later than
1547 October 1, 2009, a second interim joint report on the status of
1548 the mobility fee methodology study, and no later than December
1549 1, 2009, a final joint report on the mobility fee methodology
1550 study, complete with recommended legislation and a plan to
1551 implement the mobility fee as a replacement for the existing
1552 transportation concurrency management systems adopted and
1553 implemented by local governments. The final joint report shall
1554 also contain, but is not limited to, an economic analysis of
1555 implementation of the mobility fee, activities necessary to
1556 implement the fee, and potential costs and benefits at the state
1557 and local levels and to the private sector.
1558 Section 9. The Legislature directs the Department of
1559 Transportation to establish an approved transportation
1560 methodology which recognizes that a planned, sustainable, or
1561 self-sufficient development area will likely achieve a community
1562 internal capture rate in excess of 30 percent when fully
1563 developed. A sustainable or self-sufficient development area
1564 consists of 500 acres or more of large-scale developments
1565 individually or collectively designed to achieve self
1566 containment by providing a balance of land uses to fulfill a
1567 majority of the community’s needs. The adopted transportation
1568 methodology shall use a regional transportation model that
1569 incorporates professionally accepted modeling techniques
1570 applicable to well-planned, sustainable communities of the size,
1571 location, mix of uses, and design features consistent with such
1572 communities. The adopted transportation methodology shall serve
1573 as the basis for sustainable or self-sufficient development’s
1574 traffic impact assessments by the department. The methodology
1575 review must be completed and in use no later than July 1, 2009.
1576 Section 10. This act shall take effect July 1, 2009.