Florida Senate - 2013                                     SB 972
       By Senator Hukill
       8-01029A-13                                            2013972__
    1                        A bill to be entitled                      
    2         An act relating to transportation development;
    3         amending s. 163.3180, F.S.; providing that local
    4         governments that implement transportation concurrency
    5         must allow an applicant for a development agreement to
    6         satisfy transportation concurrency requirements if
    7         certain criteria are met; providing that a local
    8         government may accept contributions from multiple
    9         applicants for a planned improvement if it maintains
   10         such contributions in a separate account; providing
   11         that a local government that repeals transportation
   12         concurrency may not deny a development based on the
   13         adoption of an alternative transportation system if
   14         the developer agrees to enter into an agreement to pay
   15         for identified impacts of the proposed development;
   16         establishing certain requirements of such alternative
   17         transportation system; amending s. 163.3182, F.S.;
   18         expanding the types of transportation projects that a
   19         transportation development authority may undertake or
   20         carry out; amending s. 190.006, F.S.; modifying the
   21         method for filling positions within the board of
   22         supervisors; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Subsection (5) of section 163.3180, Florida
   27  Statutes, is amended to read:
   28         163.3180 Concurrency.—
   29         (5)(a) If concurrency is applied to transportation
   30  facilities, the local government comprehensive plan must provide
   31  the principles, guidelines, standards, and strategies, including
   32  adopted levels of service to guide its application.
   33         (b) Local governments shall use professionally accepted
   34  studies to evaluate the appropriate levels of service. Local
   35  governments should consider the number of facilities that will
   36  be necessary to meet level-of-service demands when determining
   37  the appropriate levels of service. The schedule of facilities
   38  that are necessary to meet the adopted level of service shall be
   39  reflected in the capital improvement element.
   40         (c) Local governments shall use professionally accepted
   41  techniques for measuring levels of service when evaluating
   42  potential impacts of a proposed development.
   43         (d) The premise of concurrency is that the public
   44  facilities will be provided in order to achieve and maintain the
   45  adopted level of service standard. A comprehensive plan that
   46  imposes transportation concurrency must shall contain
   47  appropriate amendments to the capital improvements element of
   48  the comprehensive plan, consistent with the requirements of s.
   49  163.3177(3). The capital improvements element must shall
   50  identify facilities necessary to meet adopted levels of service
   51  during a 5-year period.
   52         (e) If a local government applies transportation
   53  concurrency in its jurisdiction, it is encouraged to develop
   54  policy guidelines and techniques to address potential negative
   55  impacts on future development:
   56         1. In urban infill and redevelopment, and urban service
   57  areas.
   58         2. With special part-time demands on the transportation
   59  system.
   60         3. With de minimis impacts.
   61         4. On community desired types of development, such as
   62  redevelopment, or job creation projects.
   63         (f) Local governments are encouraged to develop tools and
   64  techniques to complement the application of transportation
   65  concurrency such as:
   66         1. Adoption of long-term strategies to facilitate
   67  development patterns that support multimodal solutions,
   68  including urban design, and appropriate land use mixes,
   69  including intensity and density.
   70         2. Adoption of an areawide level of service not dependent
   71  on any single road segment function.
   72         3. Exempting or discounting impacts of locally desired
   73  development, such as development in urban areas, redevelopment,
   74  job creation, and mixed use on the transportation system.
   75         4. Assigning secondary priority to vehicle mobility and
   76  primary priority to ensuring a safe, comfortable, and attractive
   77  pedestrian environment, with convenient interconnection to
   78  transit.
   79         5. Establishing multimodal level of service standards that
   80  rely primarily on nonvehicular modes of transportation where
   81  existing or planned community design will provide adequate level
   82  of mobility.
   83         6. Reducing impact fees or local access fees to promote
   84  development within urban areas, multimodal transportation
   85  districts, and a balance of mixed-use development in certain
   86  areas or districts, or for affordable or workforce housing.
   87         (g) Local governments are encouraged to coordinate with
   88  adjacent local governments for the purpose of using common
   89  methodologies for measuring impacts on transportation
   90  facilities.
   91         (h) Local governments that implement transportation
   92  concurrency must:
   93         1. Consult with the Department of Transportation when
   94  proposed plan amendments affect facilities on the strategic
   95  intermodal system.
   96         2. Exempt public transit facilities from concurrency. For
   97  the purposes of this subparagraph, public transit facilities
   98  include transit stations and terminals; transit station parking;
   99  park-and-ride lots; intermodal public transit connection or
  100  transfer facilities; fixed bus, guideway, and rail stations; and
  101  airport passenger terminals and concourses, air cargo
  102  facilities, and hangars for the assembly, manufacture,
  103  maintenance, or storage of aircraft. As used in this
  104  subparagraph, the terms “terminals” and “transit facilities” do
  105  not include seaports or commercial or residential development
  106  constructed in conjunction with a public transit facility.
  107         3. Allow an applicant for a development-of-regional-impact
  108  development order, a rezoning, a development agreement, or other
  109  land use development permit to satisfy the transportation
  110  concurrency requirements of the local comprehensive plan, the
  111  local government’s concurrency management system, and s. 380.06,
  112  when applicable, if:
  113         a. The applicant offers to enter enters into a binding
  114  agreement to pay for or construct its proportionate share of
  115  required improvements.
  116         b. The proportionate-share contribution or construction is
  117  sufficient to accomplish one or more mobility improvements that
  118  will benefit a regionally significant transportation facility.
  119         4. Comply with the following:
  120         a. A local government may accept contributions from
  121  multiple applicants for a planned improvement if the local
  122  government maintains contributions in a separate account
  123  designated for that purpose.
  124         c.(I) The local government has provided a means by which
  125  the landowner will be assessed a proportionate share of the cost
  126  of providing the transportation facilities necessary to serve
  127  the proposed development.
  128         b. An applicant may shall not be held responsible for the
  129  additional cost of reducing or eliminating deficiencies.
  130         c.(II) When an applicant contributes or constructs its
  131  proportionate share pursuant to this subparagraph 3., a local
  132  government may not require payment or construction of
  133  transportation facilities whose costs would be greater than a
  134  development’s proportionate share of the improvements necessary
  135  to mitigate the development’s impacts.
  136         (I)(A) The proportionate-share contribution shall be
  137  calculated based upon the number of trips from the proposed
  138  development expected to reach roadways during the peak hour from
  139  the stage or phase being approved, divided by the change in the
  140  peak hour maximum service volume of roadways resulting from
  141  construction of an improvement necessary to maintain or achieve
  142  the adopted level of service, multiplied by the construction
  143  cost, at the time of development payment, of the improvement
  144  necessary to maintain or achieve the adopted level of service.
  145         (II)(B) In using the proportionate-share formula provided
  146  in this subparagraph, the applicant, in its traffic analysis,
  147  shall identify those roads or facilities that have a
  148  transportation deficiency in accordance with the transportation
  149  deficiency as defined in paragraph (j) sub-subparagraph e. The
  150  proportionate-share formula provided in this subparagraph shall
  151  be applied only to those facilities that are determined to be
  152  significantly impacted by the project traffic under review. If
  153  any road is determined to be transportation deficient without
  154  the project traffic under review, the costs of correcting that
  155  deficiency shall be removed from the project’s proportionate
  156  share calculation and the necessary transportation improvements
  157  to correct that deficiency shall be considered to be in place
  158  for purposes of the proportionate-share calculation. The
  159  improvement necessary to correct the transportation deficiency
  160  is the funding responsibility of the entity that has maintenance
  161  responsibility for the facility. The development’s proportionate
  162  share shall be calculated only for the needed transportation
  163  improvements that are greater than the identified deficiency.
  164         (III)(C) When the provisions of this subparagraph have been
  165  satisfied for a particular stage or phase of development, all
  166  transportation impacts from that stage or phase for which
  167  mitigation was required and provided shall be deemed fully
  168  mitigated in any transportation analysis for a subsequent stage
  169  or phase of development. Trips from a previous stage or phase
  170  that did not result in impacts for which mitigation was required
  171  or provided may be cumulatively analyzed with trips from a
  172  subsequent stage or phase to determine whether an impact
  173  requires mitigation for the subsequent stage or phase.
  174         (IV)(D) In projecting the number of trips to be generated
  175  by the development under review, any trips assigned to a toll
  176  financed facility shall be eliminated from the analysis.
  177         (V)(E) The applicant shall receive a credit on a dollar
  178  for-dollar basis for impact fees, mobility fees, and other
  179  transportation concurrency mitigation requirements paid or
  180  payable in the future for the project. The credit shall be
  181  reduced up to 20 percent by the percentage share that the
  182  project’s traffic represents of the added capacity of the
  183  selected improvement, or by the amount specified by local
  184  ordinance, whichever yields the greater credit.
  185         (i)d. This subsection does not require a local government
  186  to approve a development that is not otherwise qualified for
  187  approval pursuant to the applicable local comprehensive plan and
  188  land development regulations for reasons other than
  189  transportation impacts.
  190         (j)e. As used in this subsection, the term “transportation
  191  deficiency” means a facility or facilities on which the adopted
  192  level-of-service standard is exceeded by the existing,
  193  committed, and vested trips, plus additional projected
  194  background trips from any source other than the development
  195  project under review, and trips that are forecast by established
  196  traffic standards, including traffic modeling, consistent with
  197  the University of Florida’s Bureau of Economic and Business
  198  Research medium population projections. Additional projected
  199  background trips are to be coincident with the particular stage
  200  or phase of development under review.
  201         (k) Notwithstanding any other provision of law, a local
  202  government that repeals transportation concurrency may not use
  203  the adoption of an alternative transportation system as a basis
  204  for denial of a development if the developer offers to enter
  205  into an agreement to pay for existing or projected impacts of
  206  the proposed development. In accordance with subparagraph (h)4.,
  207  the local government’s alternative transportation system must
  208  provide for a mechanism to assess potential impacts of the
  209  proposed development and to avoid imposing on new development
  210  the responsibility of funding existing transportation
  211  deficiencies.
  212         Section 2. Paragraph (b) of subsection (3) of section
  213  163.3182, Florida Statutes, is amended to read:
  214         163.3182 Transportation deficiencies.—
  216  transportation development authority created pursuant to this
  217  section has the powers necessary or convenient to carry out the
  218  purposes of this section, including the following powers in
  219  addition to others granted in this section:
  220         (b) To undertake and carry out transportation projects for
  221  transportation facilities designed to relieve transportation
  222  deficiencies within the authority’s jurisdiction. Transportation
  223  projects may include transportation facilities that provide for
  224  alternative modes of travel including sidewalks, bikeways, and
  225  mass transit which are related to a deficient transportation
  226  facility. Transportation projects may also include projects
  227  within and outside the designated deficiency area to relieve
  228  deficiencies identified by the transportation deficiency plan.
  229  Mass transit improvements and service may extend outside a
  230  deficiency area to an existing or planned logical terminus of a
  231  selected improvement.
  232         Section 3. Paragraph (a) of subsection (3) of section
  233  190.006, Florida Statutes, is amended to read:
  234         190.006 Board of supervisors; members and meetings.—
  235         (3)(a)1. If the board proposes to exercise the ad valorem
  236  taxing power authorized by s. 190.021, the district board shall
  237  call an election at which the members of the board of
  238  supervisors will be elected. Such election shall be held in
  239  conjunction with a primary or general election unless the
  240  district bears the cost of a special election. Each member shall
  241  be elected by the qualified electors of the district for a term
  242  of 4 years, except that, at the first such election, three
  243  members shall be elected for a period of 4 years and two members
  244  shall be elected for a period of 2 years. All elected board
  245  members must be qualified electors of the district.
  246         2.a. Regardless of whether a district has proposed to levy
  247  ad valorem taxes, commencing 6 years after the initial
  248  appointment of members or, for a district exceeding 5,000 acres
  249  in area, or for a compact, urban, mixed-use district, or for a
  250  transit-oriented development, as defined in s. 163.3164,
  251  exceeding 25 acres in area, 10 years after the initial
  252  appointment of members, the position of each member whose term
  253  has expired shall be filled by a qualified elector of the
  254  district, elected by the qualified electors of the district.
  255  However, for those districts established after June 21, 1991,
  256  and for those existing districts established after December 31,
  257  1983, which have less than 50 qualified electors on June 21,
  258  1991, sub-subparagraphs b. and d. shall apply. If, in the 6th
  259  year after the initial appointment of members, or 10 years after
  260  such initial appointment for a district districts exceeding
  261  5,000 acres in area, or for a compact, urban, mixed-use
  262  district, or for a transit-oriented development, as defined in
  263  s. 163.3164, exceeding 25 acres in area, there are not at least
  264  250 qualified electors in the district, or for a district
  265  exceeding 5,000 acres, or for a compact, urban, mixed-use
  266  district, or for a transit-oriented development, as defined in
  267  s. 163.3164, exceeding 25 acres in area, there are not at least
  268  500 qualified electors, members of the board shall continue to
  269  be elected by landowners.
  270         b. After the 6th or 10th year, once a district reaches 250
  271  or 500 qualified electors, respectively, then the positions of
  272  two board members whose terms are expiring shall be filled by
  273  qualified electors of the district, elected by the qualified
  274  electors of the district for 4-year terms. The remaining board
  275  member whose term is expiring shall be elected for a 4-year term
  276  by the landowners and is not required to be a qualified elector.
  277  Thereafter, as terms expire, board members shall be qualified
  278  electors elected by qualified electors of the district for a
  279  term of 4 years.
  280         c. Once a district qualifies to have any of its board
  281  members elected by the qualified electors of the district, the
  282  initial and all subsequent elections by the qualified electors
  283  of the district shall be held at the general election in
  284  November. The board shall adopt a resolution if necessary to
  285  implement this requirement when the board determines the number
  286  of qualified electors as required by sub-subparagraph d., to
  287  extend or reduce the terms of current board members.
  288         d. On or before June 1 of each year, the board shall
  289  determine the number of qualified electors in the district as of
  290  the immediately preceding April 15. The board shall use and rely
  291  upon the official records maintained by the supervisor of
  292  elections and property appraiser or tax collector in each county
  293  in making this determination. Such determination shall be made
  294  at a properly noticed meeting of the board and shall become a
  295  part of the official minutes of the district.
  296         Section 4. This act shall take effect July 1, 2013.