Senate Bill sb1862

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    Florida Senate - 2006                                  SB 1862

    By Senator Saunders





    37-1359-06                                          See HB 905

  1                      A bill to be entitled

  2         An act relating to transportation concurrency

  3         management; amending s. 163.3180, F.S.;

  4         providing an exception to certain in-place or

  5         under-actual-construction requirements for

  6         transportation facilities serving new

  7         developments for certain stricter concurrency

  8         requirements by local governments; restricting

  9         a requirement that local governments adopt into

10         a plan and implement certain strategies

11         relating to exception areas to circumstances in

12         which an exception is granted; limiting

13         application of certain proportionate fair-share

14         mitigation provisions to circumstances in which

15         a local government elects to use such

16         provisions instead of a concurrency management

17         system; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Paragraph (c) of subsection (2), paragraph

22  (e) of subsection (5), and subsection (16) of section

23  163.3180, Florida Statutes, are amended to read:

24         163.3180  Concurrency.--

25         (2)

26         (c)  Consistent with the public welfare, and except as

27  otherwise provided in this section, transportation facilities

28  needed to serve new development shall be in place or under

29  actual construction within 3 years after the local government

30  approves a building permit or its functional equivalent that

31  results in traffic generation. Nothing in this section

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    Florida Senate - 2006                                  SB 1862
    37-1359-06                                          See HB 905




 1  prohibits a local government from adopting stricter

 2  concurrency requirements, including real-time concurrency,

 3  under which a local government need not issue a building

 4  permit or its functional equivalent for a new development

 5  under any circumstances that result in traffic generation

 6  until adequate transportation facilities are in place.

 7         (5)

 8         (e)  If a local government grants an exception from the

 9  concurrency requirement for transportation facilities pursuant

10  to paragraph (b) after July 1, 2006, the local government

11  shall adopt into the plan and implement strategies to support

12  and fund mobility within the designated exception area,

13  including alternative modes of transportation. The plan

14  amendment shall also demonstrate how strategies will support

15  the purpose of the exception and how mobility within the

16  designated exception area will be provided. In addition, the

17  strategies must address urban design; appropriate land use

18  mixes, including intensity and density; and network

19  connectivity plans needed to promote urban infill,

20  redevelopment, or downtown revitalization. The comprehensive

21  plan amendment designating the concurrency exception area

22  shall be accompanied by data and analysis justifying the size

23  of the area.

24         (16)  It is the intent of the Legislature to provide

25  alternatives a method by which the impacts of development on

26  transportation facilities can be mitigated by the cooperative

27  efforts of the public and private sectors. If a local

28  government elects to use proportionate fair-share mitigation

29  in lieu of its existing concurrency management system as

30  adopted in its comprehensive plan, the methodology used to

31  calculate proportionate fair-share mitigation under this

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1862
    37-1359-06                                          See HB 905




 1  section shall be as provided for in subsection (12) and the

 2  following provisions shall apply:.

 3         (a)  By December 1, 2006, each local government shall

 4  adopt by ordinance a methodology for assessing proportionate

 5  fair-share mitigation options. By December 1, 2005, the

 6  Department of Transportation shall develop a model

 7  transportation concurrency management ordinance with

 8  methodologies for assessing proportionate fair-share

 9  mitigation options.

10         (b)1.  In its transportation concurrency management

11  system, a local government shall, by December 1, 2006, include

12  methodologies that will be applied to calculate proportionate

13  fair-share mitigation. A developer may choose to satisfy all

14  transportation concurrency requirements by contributing or

15  paying proportionate fair-share mitigation if transportation

16  facilities or facility segments identified as mitigation for

17  traffic impacts are specifically identified for funding in the

18  5-year schedule of capital improvements in the capital

19  improvements element of the local plan or the long-term

20  concurrency management system or if such contributions or

21  payments to such facilities or segments are reflected in the

22  5-year schedule of capital improvements in the next regularly

23  scheduled update of the capital improvements element. Updates

24  to the 5-year capital improvements element which reflect

25  proportionate fair-share contributions may not be found not in

26  compliance based on ss. 163.164(32) and 163.3177(3) if

27  additional contributions, payments or funding sources are

28  reasonably anticipated during a period not to exceed 10 years

29  to fully mitigate impacts on the transportation facilities.

30         2.  Proportionate fair-share mitigation shall be

31  applied as a credit against impact fees to the extent that all

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    Florida Senate - 2006                                  SB 1862
    37-1359-06                                          See HB 905




 1  or a portion of the proportionate fair-share mitigation is

 2  used to address the same capital infrastructure improvements

 3  contemplated by the local government's impact fee ordinance.

 4         (c)  Proportionate fair-share mitigation includes,

 5  without limitation, separately or collectively, private funds,

 6  contributions of land, and construction and contribution of

 7  facilities and may include public funds as determined by the

 8  local government. The fair market value of the proportionate

 9  fair-share mitigation shall not differ based on the form of

10  mitigation. A local government may not require a development

11  to pay more than its proportionate fair-share contribution

12  regardless of the method of mitigation.

13         (d)  Nothing in this subsection shall require a local

14  government to approve a development that is not otherwise

15  qualified for approval pursuant to the applicable local

16  comprehensive plan and land development regulations.

17         (e)  Mitigation for development impacts to facilities

18  on the Strategic Intermodal System made pursuant to this

19  subsection requires the concurrence of the Department of

20  Transportation.

21         (f)  In the event the funds in an adopted 5-year

22  capital improvements element are insufficient to fully fund

23  construction of a transportation improvement required by the

24  local government's concurrency management system, a local

25  government and a developer may still enter into a binding

26  proportionate-share agreement authorizing the developer to

27  construct that amount of development on which the

28  proportionate share is calculated if the proportionate-share

29  amount in such agreement is sufficient to pay for one or more

30  improvements which will, in the opinion of the governmental

31  entity or entities maintaining the transportation facilities,

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    Florida Senate - 2006                                  SB 1862
    37-1359-06                                          See HB 905




 1  significantly benefit the impacted transportation system. The

 2  improvement or improvements funded by the proportionate-share

 3  component must be adopted into the 5-year capital improvements

 4  schedule of the comprehensive plan at the next annual capital

 5  improvements element update.

 6         (g)  Except as provided in subparagraph (b)1., nothing

 7  in this section shall prohibit the Department of Community

 8  Affairs from finding other portions of the capital

 9  improvements element amendments not in compliance as provided

10  in this chapter.

11         (h)  The provisions of this subsection do not apply to

12  a multiuse development of regional impact satisfying the

13  requirements of subsection (12).

14         Section 2.  This act shall take effect July 1, 2006.

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