| 1 | A bill to be entitled |
| 2 | An act relating to growth management; amending s. |
| 3 | 163.3180, F.S.; prohibiting a local government from |
| 4 | applying transportation or school concurrency or |
| 5 | requiring proportionate-share contribution or |
| 6 | construction for new development for a specified |
| 7 | period; providing an exception; providing for an |
| 8 | extension of the prohibition under certain conditions; |
| 9 | providing application; providing for future |
| 10 | expiration; amending s. 163.31801, F.S.; prohibiting |
| 11 | certain counties, municipalities, and special |
| 12 | districts from imposing certain new or existing impact |
| 13 | fees for a specified period; providing an exception; |
| 14 | providing for an extension of the prohibition under |
| 15 | certain conditions; providing application; providing |
| 16 | for future expiration; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (7) is added to section 163.3180, |
| 21 | Florida Statutes, to read: |
| 22 | 163.3180 Concurrency.- |
| 23 | (7)(a) Notwithstanding any law, ordinance, or resolution |
| 24 | to the contrary, a local government may not apply transportation |
| 25 | or school concurrency within its jurisdiction and may not |
| 26 | require a proportionate-share contribution or construction for |
| 27 | new development until July 1, 2015, unless authorized by the |
| 28 | affirmative vote of two-thirds of the local government's |
| 29 | governing authority. |
| 30 | (b) Paragraph (a) does not apply to proportionate-share |
| 31 | contribution or construction assessed on existing developments |
| 32 | before July 1, 2012. |
| 33 | (c) In order to maintain the exemption from transportation |
| 34 | or school concurrency and proportionate-share contribution or |
| 35 | construction pursuant to paragraph (a), a new development must |
| 36 | receive a certificate of occupancy by July 1, 2016. If the |
| 37 | certificate of occupancy is not received by July 1, 2016, the |
| 38 | local government may apply transportation or school concurrency |
| 39 | and require the appropriate proportionate-share contribution or |
| 40 | construction for the development that would have been applied |
| 41 | but for this subsection. Any outstanding obligation related to |
| 42 | the proportionate-share contribution or construction runs with |
| 43 | the land and is enforceable against any person claiming a fee |
| 44 | interest in the land subject to that obligation. |
| 45 | (d) This subsection does not apply if it requires any |
| 46 | modification to a local government's financing that would |
| 47 | invalidate existing contracts, including debt obligations or |
| 48 | covenants and agreements relating to bonds validated or issued |
| 49 | by the local government. |
| 50 | (e) Upon written notification to the local government, a |
| 51 | developer may elect to have the local government apply |
| 52 | transportation or school concurrency and proportionate-share |
| 53 | contribution or construction to a development. |
| 54 | (f) This subsection expires July 1, 2016. |
| 55 | Section 2. Subsection (6) is added to section 163.31801, |
| 56 | Florida Statutes, to read: |
| 57 | 163.31801 Impact fees; short title; intent; definitions; |
| 58 | ordinances levying impact fees.- |
| 59 | (6)(a) Notwithstanding any law, ordinance, or resolution |
| 60 | to the contrary, a county, municipality, or special district may |
| 61 | not impose any new or existing impact fee or any new or existing |
| 62 | fee associated with the mitigation of transportation impacts on |
| 63 | new development until July 1, 2015, unless authorized by the |
| 64 | affirmative vote of two-thirds of the governing authority of the |
| 65 | county, municipality, or special district. Any governing |
| 66 | authority of a local government imposing an impact fee in |
| 67 | existence on July 1, 2011, must reauthorize the imposition of |
| 68 | the fee pursuant to this paragraph. |
| 69 | (b) Paragraph (a) does not apply to any impact fee or fee |
| 70 | associated with the mitigation of transportation impacts |
| 71 | previously enacted by law, ordinance, or resolution assessed on |
| 72 | existing development before July 1, 2012. |
| 73 | (c) In order to maintain the exemption from impact fees |
| 74 | and fees associated with the mitigation of transportation |
| 75 | impacts pursuant to paragraph (a), a new development must |
| 76 | receive a certificate of occupancy by July 1, 2016. If the |
| 77 | certificate of occupancy is not received by July 1, 2016, the |
| 78 | county, municipality, or special district may impose the |
| 79 | appropriate impact fees and fees associated with the mitigation |
| 80 | of transportation impacts on the development that would have |
| 81 | been applied but for this subsection. Any outstanding obligation |
| 82 | related to impact fees and fees associated with the mitigation |
| 83 | of transportation impacts on the development runs with the land |
| 84 | and is enforceable against any person claiming a fee interest in |
| 85 | the land subject to that obligation. |
| 86 | (d) This subsection does not apply if it requires any |
| 87 | modification to the financing of a county, municipality, or |
| 88 | special district that would invalidate existing contracts, |
| 89 | including debt obligations or covenants and agreements relating |
| 90 | to bonds validated or issued by the county, municipality, or |
| 91 | special district. |
| 92 | (e) Upon notification to the county, municipality, or |
| 93 | special district, a developer may elect to have impact fees and |
| 94 | fees associated with the mitigation of transportation impacts |
| 95 | imposed on a development. |
| 96 | (f) This subsection expires July 1, 2016. |
| 97 | Section 3. This act shall take effect July 1, 2012. |