Amendment
Bill No. CS/HB 7129
Amendment No. 568283
CHAMBER ACTION
Senate House
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1Representative Workman offered the following:
2
3     Amendment
4     Remove lines 3448-3485 and insert:
5     b.  The proportionate-share contribution or construction is
6sufficient to accomplish one or more mobility improvements that
7will benefit a regionally significant transportation facility.
8     c.(I)  The local government has provided a means by which
9the landowner will be assessed a proportionate share of the cost
10of providing the transportation facilities necessary to serve
11the proposed development. An applicant shall not be held
12responsible for the additional cost of reducing or eliminating
13deficiencies.
14     (II)  When an applicant contributes or constructs its
15proportionate share pursuant to this subparagraph, a local
16government may not require payment or construction of
17transportation facilities whose costs would be greater than a
18development's proportionate share of the improvements necessary
19to mitigate the development's impacts.
20     (A)  The proportionate-share contribution shall be
21calculated based upon the number of trips from the proposed
22development expected to reach roadways during the peak hour from
23the stage or phase being approved, divided by the change in the
24peak hour maximum service volume of roadways resulting from
25construction of an improvement necessary to maintain or achieve
26the adopted level of service, multiplied by the construction
27cost, at the time of development payment, of the improvement
28necessary to maintain or achieve the adopted level of service.
29     (B)  In using the proportionate-share formula provided in
30this subparagraph, the applicant, in its traffic analysis, shall
31identify those roads or facilities that have a transportation
32deficiency in accordance with the transportation deficiency as
33defined in sub-subparagraph e. The proportionate-share formula
34provided in this subparagraph shall be applied only to those
35facilities that are determined to be significantly impacted by
36the project traffic under review. If any road is determined to
37be transportation deficient without the project traffic under
38review, the costs of correcting that deficiency shall be removed
39from the project's proportionate-share calculation and the
40necessary transportation improvements to correct that deficiency
41shall be considered to be in place for purposes of the
42proportionate-share calculation. The improvement necessary to
43correct the transportation deficiency is the funding
44responsibility of the entity that has maintenance responsibility
45for the facility. The development's proportionate share shall be
46calculated only for the needed transportation improvements that
47are greater than the identified deficiency.
48     (C)  When the provisions of this subparagraph have been
49satisfied for a particular stage or phase of development, all
50transportation impacts from that stage or phase for which
51mitigation was required and provided shall be deemed fully
52mitigated in any transportation analysis for a subsequent stage
53or phase of development. Trips from a previous stage or phase
54that did not result in impacts for which mitigation was required
55or provided may be cumulatively analyzed with trips from a
56subsequent stage or phase to determine whether an impact
57requires mitigation for the subsequent stage or phase.
58     (D)  In projecting the number of trips to be generated by
59the development under review, any trips assigned to a toll-
60financed facility shall be eliminated from the analysis.
61     (E)  The applicant shall receive a credit on a dollar-for-
62dollar basis for impact fees, mobility fees, and other
63transportation concurrency mitigation requirements paid or
64payable in the future for the project. The credit shall be
65reduced up to 20 percent by the percentage share that the
66project's traffic represents of the added capacity of the
67selected improvement, or by the amount specified by local
68ordinance, whichever yields the greater credit.
69     d.  This subsection does not require a local government to
70approve a development that is not otherwise qualified for
71approval pursuant to the applicable local comprehensive plan and
72land development regulations.
73     e.  As used in this subsection, the term "transportation
74deficiency" means a facility or facilities on which the adopted
75level-of-service standard is exceeded by the existing,
76committed, and vested trips, plus additional projected
77background trips from any source other than the development
78project under review, and trips that are forecast by established
79traffic standards, including traffic modeling, consistent with
80the University of Florida's Bureau of Economic and Business
81Research medium population projections. Additional projected
82background trips are to be coincident with the particular stage
83or phase of development under review.
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CODING: Words stricken are deletions; words underlined are additions.