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The Committee on Transportation and Economic Development

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Appropriations (Margolis) recommended the following substitute

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for amendment (227172):

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     Senate Amendment (with title amendment)

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     Between line(s) 472 and 473,

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insert:

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     Section 4.  Subsections (9) and (12) of section 163.3180,

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Florida Statutes, are amended to read:

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     163.3180  Concurrency.--

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     (9)(a)  Each local government may adopt as a part of its

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plan, long-term transportation and school concurrency management

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systems with a planning period of up to 10 years for specially

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designated districts or areas where significant backlogs exist.

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The plan may include interim level-of-service standards on

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certain facilities and shall rely on the local government's

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schedule of capital improvements for up to 10 years as a basis

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for issuing development orders that authorize commencement of

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construction in these designated districts or areas. The

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concurrency management system must be designed to correct

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existing deficiencies and set priorities for addressing

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backlogged facilities. The concurrency management system must be

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financially feasible and consistent with other portions of the

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adopted local plan, including the future land use map.

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     (b)  If a local government has a transportation or school

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facility backlog for existing development which cannot be

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adequately addressed in a 10-year plan, the state land planning

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agency may allow it to develop a plan and long-term schedule of

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capital improvements covering up to 15 years for good and

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sufficient cause, based on a general comparison between that

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local government and all other similarly situated local

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jurisdictions, using the following factors:

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     1.  The extent of the backlog.

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     2.  For roads, whether the backlog is on local or state

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roads.

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     3.  The cost of eliminating the backlog.

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     4.  The local government's tax and other revenue-raising

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efforts.

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     (c)  The local government may issue approvals to commence

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construction notwithstanding this section, consistent with and in

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areas that are subject to a long-term concurrency management

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system.

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     (d)  If the local government adopts a long-term concurrency

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management system, it must evaluate the system periodically. At a

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minimum, the local government must assess its progress toward

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improving levels of service within the long-term concurrency

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management district or area in the evaluation and appraisal

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report and determine any changes that are necessary to accelerate

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progress in meeting acceptable levels of service.

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     (e) The Department of Transportation shall establish an

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approved transportation methodology that recognizes that a

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planned, sustainable development of regional impact is likely to

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achieve an internal capture rate greater than 30 percent when

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fully developed. The transportation methodology must use a

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regional transportation model that incorporates professionally

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accepted modeling techniques applicable to well-planned,

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sustainable communities of the size, location, mix of uses, and

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design features consistent with such communities. The adopted

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transportation methodology shall serve as the basis for

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sustainable development traffic impact assessments by the

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department. The methodology review must be completed and in use

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by March 1, 2009.

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     (12)  A development of regional impact may satisfy the

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transportation concurrency requirements of the local

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comprehensive plan, the local government's concurrency management

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system, and s. 380.06 by payment of a proportionate-share

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contribution for local and regionally significant traffic

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impacts, if:

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     (a)  The development of regional impact which, based on its

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location or mix of land uses, is designed to encourage pedestrian

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or other nonautomotive modes of transportation;

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     (b)  The proportionate-share contribution for local and

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regionally significant traffic impacts is sufficient to pay for

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one or more required mobility improvements that will benefit a

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regionally significant transportation facility;

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     (c)  The owner and developer of the development of regional

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impact pays or assures payment of the proportionate-share

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contribution; and

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     (d)  If the regionally significant transportation facility

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to be constructed or improved is under the maintenance authority

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of a governmental entity, as defined by s. 334.03(12), other than

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the local government with jurisdiction over the development of

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regional impact, the developer is required to enter into a

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binding and legally enforceable commitment to transfer funds to

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the governmental entity having maintenance authority or to

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otherwise assure construction or improvement of the facility.

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The proportionate-share contribution may be applied to any

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transportation facility to satisfy the provisions of this

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subsection and the local comprehensive plan, but, for the

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purposes of this subsection, the amount of the proportionate-

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share contribution shall be calculated based upon the cumulative

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number of trips from the proposed development expected to reach

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roadways during the peak hour from the complete buildout of a

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stage or phase being approved, divided by the change in the peak

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hour maximum service volume of roadways resulting from

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construction of an improvement necessary to maintain the adopted

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level of service, multiplied by the construction cost, at the

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time of developer payment, of the improvement necessary to

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maintain the adopted level of service. The determination of

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mitigation for a subsequent phase or stage of development shall

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account for any mitigation required by the development order and

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provided by the developer for any earlier phase or stage,

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calculated at present value. For purposes of this subsection, the

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term "present value" means the fair market value of right-of-way

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at the time of contribution or the actual dollar value of the

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construction improvements contribution adjusted by the Consumer

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Price Index. For purposes of this subsection, "construction cost"

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includes all associated costs of the improvement. Proportionate-

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share mitigation shall be limited to ensure that a development of

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regional impact meeting the requirements of this subsection

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mitigates its impact on the transportation system but is not

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responsible for the additional cost of reducing or eliminating

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backlogs. For purposes of this subsection, "backlogged

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transportation facility" is defined as one on which the adopted

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level-of-service standard is exceeded by the existing trips plus

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committed trips. A developer may not be required to fund or

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construct proportionate share mitigation for any backlogged

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transportation facility which is more extensive than mitigation

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necessary to offset the impact of the development project in

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question. This subsection also applies to Florida Quality

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Developments pursuant to s. 380.061 and to detailed specific area

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plans implementing optional sector plans pursuant to s. 163.3245.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 12, after the semicolon,

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insert:

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amending s. 163.3180, F.S.; requiring the Department of

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Transportation to establish a transportation methodology

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to serve as the basis for sustainable development impact

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assessments; defining the terms "present value" and

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"backlogged transportation facility";

4/25/2008  9:27:00 AM     35-08700-08