HB 1019

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; redefining the term "financial
4	feasibility" to provide for school facilities that do not
5	meet concurrency requirements in a particular year;
6	amending s. 163.3177, F.S.; conforming a cross-reference;
7	amending s. 163.3180, F.S.; revising provisions relating
8	to the concurrency requirements for public facilities and
9	transportation facilities; providing for the designation
10	of certain geographic areas as transportation concurrency
11	exception areas; revising provisions relating to the
12	level-of-service standards for transportation; authorizing
13	a local government to adopt a lower level-of-service
14	standard under certain circumstances; revising provisions
15	relating to the calculation of the proportionate-share
16	contribution; providing definitions; providing for the
17	applicability and calculation of proportionate fair-share
18	mitigation; providing incentives for landowners or
19	developers who contribute or pay proportionate fair-share
20	mitigation; amending s. 163.3182, F.S.; revising
21	provisions relating to the creation of transportation
22	concurrency backlog authorities; requiring that each local
23	government adopt transportation concurrency backlog areas
24	as part of the capital improvements element of the local
25	comprehensive plan; amending s. 380.06, F.S.; revising
26	provisions relating to the preapplication procedures for
27	developments of regional impact; requiring that the levels
28	of service in the transportation methodology be the same
29	standards used to evaluate concurrency and proportionate-
30	share contributions; providing for a transportation
31	mobility fee; providing legislative findings and intent;
32	requiring that the Department of Community Affairs and the
33	Department of Transportation coordinate their independent
34	mobility fees studies to develop a methodology for a
35	mobility fee system; providing guidelines for developing
36	the methodology; requiring that the Secretary of Community
37	Affairs and the Secretary of Transportation submit joint
38	interim reports to the Legislature by specified dates;
39	requiring that the Department of Community Affairs develop
40	proposed amendments to chapter 9J-5, F.A.C., for
41	incorporating the mobility fee methodology; requiring that
42	the department submit the proposed amendments to the
43	Legislature for review by a specified date; providing for
44	future repeal of s. 163.3180, F.S., relating to
45	transportation concurrency requirements; requiring that
46	the Department of Transportation establish a
47	transportation methodology; requiring that such
48	methodology be completed and in use by a specified date;
49	providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsection (32) of section 163.3164, Florida
54	Statutes, is amended to read:
55	163.3164  Local Government Comprehensive Planning and Land
56	Development Regulation Act; definitions.--As used in this act:
57	(32)  "Financial feasibility" means that sufficient
58	revenues are currently available or will be available from
59	committed funding sources for the first 3 years, or will be
60	available from committed or planned funding sources for years 4
61	and 5, of a 5-year capital improvement schedule for financing
62	capital improvements, including such as ad valorem taxes, bonds,
63	state and federal funds, tax revenues, impact fees, and
64	developer contributions, which are adequate to fund the
65	projected costs of the capital improvements identified in the
66	comprehensive plan and necessary to ensure that adopted level-
67	of-service standards are achieved and maintained within the
68	period covered by the 5-year schedule of capital improvements. A
69	comprehensive plan or comprehensive plan amendment shall be
70	deemed financially feasible for transportation and school
71	facilities throughout the planning period addressed by the
72	capital improvements schedule if it can be demonstrated that the
73	existing or adopted level-of-service, whichever has the greater
74	maximum service volume, standards will be achieved and
75	maintained by the end of the planning period even if in a
76	particular year such improvements are not concurrent as required
77	by s. 163.3180. A comprehensive plan shall be deemed financially
78	feasible for school facilities throughout the planning period
79	addressed by the capital improvements schedule if it can be
80	demonstrated that the level-of-service standards will be
81	achieved and maintained by the end of the planning period even
82	if in a particular year such improvements are not concurrent as
83	required in s. 163.3180.
84	Section 2.  Paragraph (e) of subsection (3) of section
85	163.3177, Florida Statutes, is amended to read:
86	163.3177  Required and optional elements of comprehensive
87	plan; studies and surveys.--
88	(3)
89	(e)  At the discretion of the local government and
90	notwithstanding the requirements in of this subsection, a
91	comprehensive plan, as revised by an amendment to the plan's
92	future land use map, shall be deemed to be financially feasible
93	and to have achieved and maintained level-of-service standards
94	as required in by this section with respect to transportation
95	facilities if the amendment to the future land use map is
96	supported by a:
97	1.  Condition in a development order for a development of
98	regional impact or binding agreement that addresses
99	proportionate-share mitigation consistent with s. 163.3180(12);
100	or
101	2.  Binding agreement addressing proportionate fair-share
102	mitigation consistent with s. 163.3180(16)(h) s. 163.3180(16)(f)
103	and the property subject to the amendment to the future land use
104	map is located within an area designated in a comprehensive plan
105	for urban infill, urban redevelopment, downtown revitalization,
106	urban infill and redevelopment, or an urban service area. The
107	binding agreement must be based on the maximum amount of
108	development identified by the future land use map amendment or
109	as may be otherwise restricted through a special area plan
110	policy or map notation in the comprehensive plan.
111	Section 3.  Subsections (1) through (12) and (14) through
112	(16) of section 163.3180, Florida Statutes, are amended, and
113	subsection (18) is added to that section, to read:
114	163.3180  Concurrency.--
115	(1)  APPLICABILITY OF CONCURRENCY REQUIREMENT.--
116	(a)  Public facility types.--Sanitary sewer, solid waste,
117	drainage, potable water, parks and recreation, schools, and
118	transportation facilities, including mass transit, where
119	applicable, are the only public facilities and services subject
120	to the concurrency requirement on a statewide basis. Additional
121	public facilities and services are may not be made subject to
122	concurrency on a statewide basis without appropriate study and
123	approval by the Legislature; however, any local government may
124	extend the concurrency requirement so that it applies to apply
125	to additional public facilities within its jurisdiction.
126	(b)  Transportation methodologies.--Local governments shall
127	use professionally accepted techniques for measuring level of
128	service for automobiles, bicycles, pedestrians, transit, and
129	trucks. These techniques may be used to evaluate increased
130	accessibility by multiple modes and reductions in vehicle miles
131	of travel in an area or zone. The state land planning agency and
132	the Department of Transportation shall develop methodologies to
133	assist local governments in implementing this multimodal level-
134	of-service analysis and. The Department of Community Affairs and
135	the Department of Transportation shall provide technical
136	assistance to local governments in applying the these
137	methodologies.
138	(2)  PUBLIC FACILITY AVAILABILITY STANDARDS.--
139	(a)  Sanitary sewer, solid waste, drainage, adequate water
140	supply, and potable water facilities.--Consistent with public
141	health and safety, sanitary sewer, solid waste, drainage,
142	adequate water supplies, and potable water facilities shall be
143	in place and available to serve new development no later than
144	the date on which issuance by the local government issues of a
145	certificate of occupancy or its functional equivalent. Before
146	approving Prior to approval of a building permit or its
147	functional equivalent, the local government shall consult with
148	the applicable water supplier to determine whether adequate
149	water supplies to serve the new development will be available by
150	no later than the anticipated date of issuance by the local
151	government of the a certificate of occupancy or its functional
152	equivalent. A local government may meet the concurrency
153	requirement for sanitary sewer through the use of onsite sewage
154	treatment and disposal systems approved by the Department of
155	Health to serve new development.
156	(b)  Parks and recreation facilities.--Consistent with the
157	public welfare, and except as otherwise provided in this
158	section, parks and recreation facilities to serve new
159	development shall be in place or under actual construction
160	within no later than 1 year after issuance by the local
161	government issues of a certificate of occupancy or its
162	functional equivalent. However, the acreage for such facilities
163	must shall be dedicated or be acquired by the local government
164	before it issues prior to issuance by the local government of
165	the a certificate of occupancy or its functional equivalent, or
166	funds in the amount of the developer's fair share shall be
167	committed no later than the date on which the local government
168	approves commencement of government's approval to commence
169	construction.
170	(c)  Transportation facilities.--Consistent with the public
171	welfare, and except as otherwise provided in this section,
172	transportation facilities needed to serve new development must
173	shall be in place or under actual construction within 3 years
174	after the local government approves a building permit or its
175	functional equivalent that results in traffic generation.
176	(3)  ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental
177	entities that are not responsible for providing, financing,
178	operating, or regulating public facilities needed to serve
179	development may not establish binding level-of-service standards
180	to apply to on governmental entities that do bear those
181	responsibilities. This subsection does not limit the authority
182	of any agency to recommend or make objections, recommendations,
183	comments, or determinations during reviews conducted under s.
184	163.3184.
185	(4)  APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--
186	(a)  State and other public facilities.--The concurrency
187	requirement as implemented in local comprehensive plans applies
188	to state and other public facilities and development to the same
189	extent that it applies to all other facilities and development,
190	as provided by law.
191	(b)  Public transit facilities.--The concurrency
192	requirement as implemented in local comprehensive plans does not
193	apply to public transit facilities. For the purposes of this
194	paragraph, public transit facilities include transit stations
195	and terminals; transit station parking; park-and-ride lots;
196	intermodal public transit connection or transfer facilities;
197	fixed bus, guideway, and rail stations; and airport passenger
198	terminals and concourses, air cargo facilities, and hangars for
199	the maintenance or storage of aircraft. As used in this
200	paragraph, the terms "terminals" and "transit facilities" do not
201	include seaports or commercial or residential development
202	constructed in conjunction with a public transit facility.
203	(c)  Infill and redevelopment areas.--The concurrency
204	requirement, except as it relates to transportation facilities
205	and public schools, as implemented in local government
206	comprehensive plans, may be waived by a local government for
207	urban infill and redevelopment areas designated pursuant to s.
208	163.2517 if such a waiver does not endanger public health or
209	safety as defined by the local government in the its local
210	government's government comprehensive plan. The waiver must
211	shall be adopted as a plan amendment using pursuant to the
212	process set forth in s. 163.3187(3)(a). A local government may
213	grant a concurrency exception pursuant to subsection (5) for
214	transportation facilities located within these urban infill and
215	redevelopment areas.
216	(5)  COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.--
217	(a)  Legislative findings.--The Legislature finds that
218	under limited circumstances dealing with transportation
219	facilities, countervailing planning and public policy goals may
220	come into conflict with the requirement that adequate public
221	transportation facilities and services be available concurrent
222	with the impacts of such development. The Legislature further
223	finds that often the unintended result of the concurrency
224	requirement for transportation facilities is often the
225	discouragement of urban infill development, infill, and
226	redevelopment. Such unintended results directly conflict with
227	the goals and policies of the state comprehensive plan and the
228	intent of this part. The Legislature finds that in urban areas
229	transportation cannot be effectively managed and mobility cannot
230	be improved solely through the expansion of roadway capacity,
231	that in many urban areas the expansion of roadway capacity is
232	not always physically or financially possible, and that a range
233	of transportation alternatives are essential to satisfy mobility
234	needs, reduce congestion, and achieve healthy, vibrant areas.
235	Therefore, exceptions from the concurrency requirement for
236	transportation facilities may be granted as provided in by this
237	subsection.
238	(b)  Geographic applicability of transportation concurrency
239	exception areas.--
240	1.  Transportation concurrency exception areas are
241	established within geographic areas that are designated in a
242	local comprehensive plan for urban infill development, urban
243	redevelopment, downtown revitalization, or urban infill and
244	redevelopment under s. 163.2517. Areas that are designated as
245	such in a future local comprehensive plan shall be
246	transportation concurrency exception areas; however, the local
247	government shall implement long-term strategies to support and
248	fund mobility within the designated exception area, including
249	alternative modes of transportation.
250	2.  A local government may grant an exception from the
251	concurrency requirement for transportation facilities if the
252	proposed development is otherwise consistent with the adopted
253	local government comprehensive plan and:
254	a.  Is a project that promotes public transportation; or
255	b.  Is located within an area designated in the
256	comprehensive plan as for:
257	1.  Urban infill development;
258	2.  Urban redevelopment;
259	3.  Downtown revitalization;
260	4.  Urban infill and redevelopment under s. 163.2517; or
261	5.  an urban service area specifically designated as a
262	transportation concurrency exception area, which includes lands
263	appropriate for compact, contiguous urban development, which
264	does not exceed the amount of land needed to accommodate the
265	projected population growth at densities consistent with the
266	adopted comprehensive plan within the 10-year planning period,
267	and which is served or is planned to be served with public
268	facilities and services as provided by the capital improvements
269	element; or.
270	c.  Is an agricultural enclave, as defined in s.
271	163.3164(33), which is located within a transportation
272	concurrency backlog area.
273	(c)  Projects that have special part-time demands.--The
274	Legislature also finds that developments located within urban
275	infill, urban redevelopment, existing urban service areas, or
276	downtown revitalization areas or areas designated as urban
277	infill and redevelopment areas under s. 163.2517, which pose
278	only special part-time demands on the transportation system, are
279	exempt should be excepted from the concurrency requirement for
280	transportation facilities. A special part-time demand is one
281	that does not have more than 200 scheduled events during any
282	calendar year and does not affect the 100 highest traffic volume
283	hours.
284	(d)  Establishment of transportation concurrency exception
285	areas.--A local government that adopts transportation
286	concurrency exception areas under subparagraph (b)2. shall:
287	1.  Establish guidelines in the comprehensive plan for
288	granting transportation concurrency exceptions, the exceptions
289	authorized in paragraphs (b) and (c) and subsections (7) and
290	(15) which must be consistent with and support a comprehensive
291	strategy adopted in the plan to promote and facilitate
292	development consistent with the planning and public policy goals
293	upon which the establishment of the concurrency exception areas
294	was predicated the purpose of the exceptions.
295	2.(e)  The local government shall Adopt into the plan and
296	Implement long-term strategies to support and fund mobility
297	within the designated exception area, including alternative
298	modes of transportation. The plan amendment must also
299	demonstrate how strategies will support the purpose of the
300	exception and how mobility within the designated exception area
301	will be provided. In addition, the strategies must address urban
302	design; appropriate land use mixes, including intensity and
303	density; and network connectivity plans needed to promote urban
304	infill, redevelopment, or downtown revitalization. The
305	comprehensive plan amendment designating the concurrency
306	exception area must be accompanied by data and analysis
307	justifying the size of the area.
308	3.(f)  Before designating Prior to the designation of a
309	transportation concurrency exception area pursuant to
310	subparagraph (b)2., consult with the state land planning agency
311	and the Department of Transportation shall be consulted by the
312	local government to assess the impact that the proposed
313	exception area is expected to have on the adopted level-of-
314	service standards established for Strategic Intermodal System
315	facilities, as defined in s. 339.64, and roadway facilities
316	funded in accordance with s. 339.2819 and. Further, the local
317	government shall, in consultation with the state land planning
318	agency and the Department of Transportation, develop a plan to
319	mitigate any impacts to the Strategic Intermodal System.
320	4.  Meet with adjacent jurisdictions that may be impacted
321	by the designation and discuss strategies for minimizing the
322	impacts., including, if appropriate, the development of a long-
323	term concurrency management system pursuant to subsection (9)
324	and s. 163.3177(3)(d). The exceptions may be available only
325	within the specific geographic area of the jurisdiction
326	designated in the plan. Pursuant to s. 163.3184, any affected
327	person may challenge a plan amendment establishing these
328	guidelines and the areas within which an exception could be
329	granted.
330	(g)  Transportation concurrency exception areas existing
331	prior to July 1, 2005, must, at a minimum, meet the provisions
332	of this section by July 1, 2006, or at the time of the
333	comprehensive plan update pursuant to the evaluation and
334	appraisal report, whichever occurs last.
335	(6)  DE MINIMIS IMPACT.--The Legislature finds that a de
336	minimis impact is consistent with this part. A de minimis impact
337	is an impact that does would not affect more than 1 percent of
338	the maximum volume at the adopted level of service of the
339	affected transportation facility as determined by the local
340	government. An No impact is not will be de minimis if the sum of
341	existing roadway volumes and the projected volumes from approved
342	projects on a transportation facility exceeds would exceed 110
343	percent of the maximum volume at the adopted level of service of
344	the affected transportation facility; provided however, the that
345	an impact of a single family home on an existing lot is will
346	constitute a de minimis impact on all roadways regardless of the
347	level of the deficiency of the roadway. Further, an no impact is
348	not will be de minimis if it exceeds would exceed the adopted
349	level-of-service standard of any affected designated hurricane
350	evacuation routes. Each local government shall maintain
351	sufficient records to ensure that the 110-percent criterion is
352	not exceeded. Each local government shall submit annually, with
353	its updated capital improvements element, a summary of the de
354	minimis records. If the state land planning agency determines
355	that the 110-percent criterion has been exceeded, the state land
356	planning agency shall notify the local government of the
357	exceedance and that no further de minimis exceptions for the
358	applicable roadway may be granted until such time as the volume
359	is reduced below the 110 percent. The local government shall
360	provide proof of this reduction to the state land planning
361	agency before issuing further de minimis exceptions.
362	(7)  CONCURRENCY MANAGEMENT AREAS.--In order to promote
363	urban development and infill development and redevelopment, one
364	or more transportation concurrency management areas may be
365	designated in a local government comprehensive plan. A
366	transportation concurrency management area must be a compact
367	geographic area that has with an existing network of roads where
368	multiple, viable alternative travel paths or modes are available
369	for common trips. A local government may establish an areawide
370	level-of-service standard for such a transportation concurrency
371	management area based upon an analysis that provides for a
372	justification for the areawide level of service, how urban
373	infill development, infill, and or redevelopment will be
374	promoted, and how mobility will be accomplished within the
375	transportation concurrency management area. Before Prior to the
376	designation of a concurrency management area is designated, the
377	local government shall consult with the state land planning
378	agency and the Department of Transportation shall be consulted
379	by the local government to assess the impact that the proposed
380	concurrency management area is expected to have on the adopted
381	level-of-service standards established for Strategic Intermodal
382	System facilities, as defined in s. 339.64, and roadway
383	facilities funded in accordance with s. 339.2819. Further, the
384	local government shall, in cooperation with the state land
385	planning agency and the Department of Transportation, develop a
386	plan to mitigate any impacts to the Strategic Intermodal System,
387	including, if appropriate, the development of a long-term
388	concurrency management system pursuant to subsection (9) and s.
389	163.3177(3)(d). Transportation concurrency management areas
390	existing prior to July 1, 2005, shall meet, at a minimum, the
391	provisions of this section by July 1, 2006, or at the time of
392	the comprehensive plan update pursuant to the evaluation and
393	appraisal report, whichever occurs last. The state land planning
394	agency shall amend chapter 9J-5, Florida Administrative Code, to
395	be consistent with this subsection.
396	(8)  URBAN REDEVELOPMENT.--When assessing the
397	transportation impacts of proposed urban redevelopment within an
398	established existing urban service area, 150 110 percent of the
399	actual transportation impact caused by the previously existing
400	development must be reserved for the redevelopment, even if the
401	previously existing development had has a lesser or nonexisting
402	impact pursuant to the calculations of the local government.
403	Redevelopment requiring less than 150 110 percent of the
404	previously existing capacity shall not be prohibited due to the
405	reduction of transportation levels of service below the adopted
406	standards. This does not preclude the appropriate assessment of
407	fees or accounting for the impacts within the concurrency
408	management system and capital improvements program of the
409	affected local government. This subsection paragraph does not
410	affect local government requirements for appropriate development
411	permits.
412	(9)  LONG-TERM CONCURRENCY MANAGEMENT.--
413	(a)  Each local government may adopt, as a part of its
414	plan, long-term transportation and school concurrency management
415	systems that have with a planning period of up to 10 years for
416	specially designated districts or areas where significant
417	backlogs exist. The plan may include interim level-of-service
418	standards on certain facilities and must shall rely on the local
419	government's schedule of capital improvements for up to 10 years
420	as a basis for issuing development orders authorizing the that
421	authorize commencement of construction in the these designated
422	districts or areas. The concurrency management system must be
423	designed to correct existing deficiencies and set priorities for
424	addressing backlogged facilities. The concurrency management
425	system must be financially feasible and consistent with other
426	portions of the adopted local plan, including the future land
427	use map.
428	(b)  If a local government has a transportation or school
429	facility backlog for existing development which cannot be
430	adequately addressed in a 10-year plan, the state land planning
431	agency may allow the local government it to develop a plan and
432	long-term schedule of capital improvements covering up to 15
433	years for good and sufficient cause. The state land planning
434	agency's determination must be, based on a general comparison
435	between the that local government and all other similarly
436	situated local jurisdictions, using the following factors:
437	1.  The extent of the backlog.
438	2.  For roads, whether the backlog is on local or state
439	roads.
440	3.  The cost of eliminating the backlog.
441	4.  The local government's tax and other revenue-raising
442	efforts.
443	(c)  The local government may issue approvals to commence
444	construction notwithstanding this section, consistent with and
445	in areas that are subject to a long-term concurrency management
446	system.
447	(d)  If the local government adopts a long-term concurrency
448	management system, it must evaluate the system periodically. At
449	a minimum, the local government must assess its progress toward
450	improving levels of service within the long-term concurrency
451	management district or area in the evaluation and appraisal
452	report and determine any changes that are necessary to
453	accelerate progress in meeting acceptable levels of service.
454	(10)  TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With
455	regard to roadway facilities on the Strategic Intermodal System
456	which are designated in accordance with s. 339.63 ss. 339.61,
457	339.62, 339.63, and 339.64, the Florida Intrastate Highway
458	System as defined in s. 338.001, and roadway facilities funded
459	in accordance with s. 339.2819, local governments shall adopt
460	the level-of-service standard established by the Department of
461	Transportation by rule; however, if a project involves qualified
462	jobs created and certified by the Office of Tourism, Trade, and
463	Economic Development or if the project is a nonresidential
464	project located within an area designated by the Governor as a
465	rural area of critical economic concern under s. 288.0656(7),
466	the affected local government, after consulting with the
467	Department of Transportation, may adopt into its comprehensive
468	plan a lower level-of-service standard than the standard adopted
469	by the Department of Transportation. The lower level-of-service
470	standard shall apply only to a project meeting this exception
471	and the adopted level-of-service standard shall otherwise apply.
472	For all other roads on the State Highway System, local
473	governments shall establish an adequate level-of-service
474	standard that need not be consistent with any level-of-service
475	standard established by the Department of Transportation. In
476	establishing adequate level-of-service standards for any
477	arterial roads, or collector roads as appropriate, which
478	traverse multiple jurisdictions, local governments shall
479	consider compatibility with the roadway facility's adopted
480	level-of-service standards in adjacent jurisdictions. Each local
481	government within a county shall use a professionally accepted
482	methodology for measuring impacts on transportation facilities
483	for the purposes of implementing its concurrency management
484	system. Counties are encouraged to coordinate with adjacent
485	counties, and local governments within a county are encouraged
486	to coordinate, for the purpose of using common methodologies for
487	measuring impacts on transportation facilities and for the
488	purpose of implementing their concurrency management systems.
489	(11)  LIMITATION OF LIABILITY.--In order to limit a local
490	government's the liability of local governments, the a local
491	government shall may allow a landowner to proceed with the
492	development of a specific parcel of land notwithstanding a
493	failure of the development to satisfy transportation
494	concurrency, if when all the following factors are shown to
495	exist:
496	(a)  The local government having with jurisdiction over the
497	property has adopted a local comprehensive plan that is in
498	compliance.
499	(b)  The proposed development is would be consistent with
500	the future land use designation for the specific property and
501	with pertinent portions of the adopted local plan, as determined
502	by the local government.
503	(c)  The local plan includes a financially feasible capital
504	improvements element that provides for transportation facilities
505	adequate to serve the proposed development, and the local
506	government has not implemented that element.
507	(d)  The local government has provided a means for
508	assessing by which the landowner for will be assessed a fair
509	share of the cost of providing the transportation facilities
510	necessary to serve the proposed development.
511	(e)  The landowner has made a binding commitment to the
512	local government to pay the fair share of the cost of providing
513	the transportation facilities to serve the proposed development.
514	(12)  REGIONAL IMPACT PROPORTIONATE-SHARE CONTRIBUTION.--
515	(a)  A development of regional impact satisfies may satisfy
516	the transportation concurrency requirements of the local
517	comprehensive plan, the local government's concurrency
518	management system, and s. 380.06 by paying payment of a
519	proportionate-share contribution for local and regionally
520	significant traffic impacts, if:
521	1.(a)  The development of regional impact which, based on
522	its location or mix of land uses, is designed to encourage
523	pedestrian or other nonautomotive modes of transportation;
524	2.(b)  The proportionate-share contribution for local and
525	regionally significant traffic impacts is sufficient to pay for
526	one or more required mobility improvements that will benefit the
527	network of a regionally significant transportation facilities
528	facility;
529	3.(c)  The owner and developer of the development of
530	regional impact pays or assures payment of the proportionate-
531	share contribution; and
532	4.(d)  If The regionally significant transportation
533	facility to be constructed or improved is under the maintenance
534	authority of a governmental entity, as defined by s. 334.03(12),
535	other than the local government having with jurisdiction over
536	the development of regional impact, the developer must is
537	required to enter into a binding and legally enforceable
538	commitment to transfer funds to the governmental entity having
539	maintenance authority or to otherwise assure construction or
540	improvement of the facility.
541	(b)  The proportionate-share contribution may be applied to
542	any transportation facility to satisfy the provisions of this
543	subsection and the local comprehensive plan., but, for the
544	purposes of this subsection,
545	1.  The amount of the proportionate-share contribution
546	shall be calculated as follows:
547	a.  The determination of significantly affected roadways
548	shall be based upon the cumulative number of trips from the
549	previously approved stage or phase of development and the
550	proposed new stage or phase of development expected to reach
551	roadways during the peak hour at from the complete buildout of a
552	stage or phase being approved.
553	b.  For significantly affected roadways, the developer's
554	proportionate share shall be based solely upon the number of
555	trips from the proposed new stage or phase being approved which
556	would exceed the peak hour maximum service volume of the roadway
557	at the adopted or existing level of service, whichever has the
558	greater maximum service volume, divided by the change in the
559	peak hour maximum service volume of the roadways resulting from
560	the construction of an improvement necessary to maintain the
561	adopted or existing level of service, whichever has the greater
562	maximum service volume.
563	2.  The calculated proportionate-share contribution shall
564	be multiplied by the construction cost, at the time of developer
565	payment, of the improvement necessary to maintain the adopted or
566	existing level of service, whichever has the greater maximum
567	service volume, in order to determine the proportionate-share
568	contribution. For purposes of this subparagraph subsection, the
569	term "construction cost" includes all associated costs of the
570	improvement.
571	3.  Proportionate-share mitigation shall be limited to
572	ensure that a development of regional impact meeting the
573	requirements of this subsection mitigates its impact on the
574	transportation system but is not responsible for the additional
575	cost of reducing or eliminating backlogs.
576	4.  A developer shall not be required to fund or construct
577	proportionate-share mitigation that is more extensive than
578	mitigation necessary to offset the impact of the development
579	project under review.
580	5.  Proportionate-share mitigation shall be applied as a
581	credit against any transportation impact fees or exactions
582	assessed for the traffic impacts of a development.
583	6.  Proportionate-share mitigation may be directed toward
584	one or more specific transportation improvements reasonably
585	related to the mobility demands created by the development and
586	such improvements may address one or more modes of
587	transportation.
588	7.  The payment for such improvements that significantly
589	benefit the impacted transportation system satisfies concurrency
590	requirements as a mitigation of the development's stage or phase
591	impacts upon the overall transportation system even if there
592	remains a failure of concurrency on other impacted facilities.
593	(c)  As used in this subsection, the term:
594	1.  "Backlog" or "backlogged transportation facility" means
595	a facility or facilities on which the adopted level-of-service
596	standard is exceeded by the existing trips, plus background
597	trips.
598	2.  "Background trips" means trips from sources other than
599	the development project under review that are forecasted by
600	established traffic standards, including, but not limited to,
601	traffic modeling, to be coincident with the particular stage or
602	phase of development under review.
603
604	This subsection also applies to Florida Quality Developments
605	pursuant to s. 380.061 and to detailed specific area plans
606	implementing optional sector plans pursuant to s. 163.3245.
607	(14)  RULEMAKING AUTHORITY.--The state land planning agency
608	shall, by October 1, 1998, adopt by rule minimum criteria for
609	the review and determination of compliance of a public school
610	facilities element adopted by a local government for purposes of
611	the imposition of school concurrency.
612	(15)  MULTIMODAL DISTRICTS.--
613	(a)  Multimodal transportation districts may be established
614	under a local government comprehensive plan in areas delineated
615	on the future land use map for which the local comprehensive
616	plan assigns secondary priority to vehicle mobility and primary
617	priority to assuring a safe, comfortable, and attractive
618	pedestrian environment, with convenient interconnection to
619	transit. Such districts must incorporate community design
620	features that will reduce the number of automobile trips or
621	vehicle miles of travel and will support an integrated,
622	multimodal transportation system. Before Prior to the
623	designation of multimodal transportation districts, the
624	Department of Transportation shall, in consultation with be
625	consulted by the local government, to assess the impact that the
626	proposed multimodal district area is expected to have on the
627	adopted level-of-service standards established for Strategic
628	Intermodal System facilities, as provided in s. 339.63 defined
629	in s. 339.64, and roadway facilities funded in accordance with
630	s. 339.2819. Further, the local government shall, in cooperation
631	with the Department of Transportation, develop a plan to
632	mitigate any impacts to the Strategic Intermodal System,
633	including the development of a long-term concurrency management
634	system pursuant to subsection (9) and s. 163.3177(3)(d).
635	Multimodal transportation districts existing prior to July 1,
636	2005, shall meet, at a minimum, the provisions of this section
637	by July 1, 2006, or at the time of the comprehensive plan update
638	pursuant to the evaluation and appraisal report, whichever
639	occurs last.
640	(b)  Community design elements of such a multimodal
641	transportation district include:
642	1.  A complementary mix and range of land uses, including
643	educational, recreational, and cultural uses;
644	2.  Interconnected networks of streets designed to
645	encourage walking and bicycling, with traffic-calming where
646	desirable;
647	3.  Appropriate densities and intensities of use within
648	walking distance of transit stops;
649	4.  Daily activities within walking distance of residences,
650	allowing independence to persons who do not drive; and
651	5.  Public uses, streets, and squares that are safe,
652	comfortable, and attractive for the pedestrian, with adjoining
653	buildings open to the street and with parking not interfering
654	with pedestrian, transit, automobile, and truck travel modes.
655	(c)  Local governments may establish multimodal level-of-
656	service standards that rely primarily on nonvehicular modes of
657	transportation within the district, if when justified by an
658	analysis demonstrating that the existing and planned community
659	design will provide an adequate level of mobility within the
660	district based upon professionally accepted multimodal level-of-
661	service methodologies. The analysis must also demonstrate that
662	the capital improvements required to promote community design
663	are financially feasible over the development or redevelopment
664	timeframe for the district and that community design features
665	within the district provide convenient interconnection for a
666	multimodal transportation system. Local governments may issue
667	development permits in reliance upon all planned community
668	design capital improvements that are financially feasible over
669	the development or redevelopment timeframe for the district,
670	regardless of without regard to the period of time between
671	development or redevelopment and the scheduled construction of
672	the capital improvements. A determination of financial
673	feasibility shall be based upon currently available funding or
674	funding sources that could reasonably be expected to become
675	available over the planning period.
676	(d)  Local governments may reduce impact fees or local
677	access fees for development within multimodal transportation
678	districts based on the reduction of vehicle trips per household
679	or vehicle miles of travel expected from the development pattern
680	planned for the district.
681	(e)  By December 1, 2007, The Department of Transportation,
682	in consultation with the state land planning agency and
683	interested local governments, may designate a study area for
684	conducting a pilot project to determine the benefits of and
685	barriers to establishing a regional multimodal transportation
686	concurrency district that extends over more than one local
687	government jurisdiction. If designated:
688	1.  The study area must be in a county that has a
689	population of at least 1,000 persons per square mile, be within
690	an urban service area, and have the consent of the local
691	governments within the study area. The Department of
692	Transportation and the state land planning agency shall provide
693	technical assistance.
694	2.  The local governments within the study area and the
695	Department of Transportation, in consultation with the state
696	land planning agency, shall cooperatively create a multimodal
697	transportation plan that meets the requirements in of this
698	section. The multimodal transportation plan must include viable
699	local funding options and incorporate community design features,
700	including a range of mixed land uses and densities and
701	intensities, which will reduce the number of automobile trips or
702	vehicle miles of travel while supporting an integrated,
703	multimodal transportation system.
704	3.  In order to effectuate the multimodal transportation
705	concurrency district, participating local governments may adopt
706	appropriate comprehensive plan amendments.
707	4.  The Department of Transportation, in consultation with
708	the state land planning agency, shall submit a report by March
709	1, 2009, to the Governor, the President of the Senate, and the
710	Speaker of the House of Representatives on the status of the
711	pilot project. The report must identify any factors that support
712	or limit the creation and success of a regional multimodal
713	transportation district including intergovernmental
714	coordination.
715	(16)  PROPORTIONATE FAIR-SHARE MITIGATION.--It is the
716	intent of the Legislature to provide a method by which the
717	impacts of development on transportation facilities can be
718	mitigated by the cooperative efforts of the public and private
719	sectors. The methodology used to calculate proportionate fair-
720	share mitigation shall be calculated as follows: mitigation
721	under this section shall be as provided for in subsection (12).
722	(a)  The determination of significantly affected roadways
723	shall be based upon the cumulative number of trips from the
724	previously approved stage or phase of development and the
725	proposed new stage or phase of development expected to reach
726	roadways during the peak hour at the complete buildout of a
727	stage or phase being approved.
728	(b)  For significantly affected roadways, the developer's
729	proportionate fair-share mitigation shall be based solely upon
730	the number of trips from the proposed new stage or phase being
731	approved which would exceed the peak hour maximum service volume
732	of the roadway at the adopted or existing level of service,
733	whichever has the greater maximum service volume, divided by the
734	change in the peak hour maximum service volume of the roadways
735	resulting from the construction of an improvement necessary to
736	maintain the adopted or existing level of service, whichever has
737	the greater maximum service volume.
738	(c)(a)  By December 1, 2006, Each local government shall
739	adopt by ordinance a methodology for assessing proportionate
740	fair-share mitigation options consistent with this section. By
741	December 1, 2005, the Department of Transportation shall develop
742	a model transportation concurrency management ordinance with
743	methodologies for assessing proportionate fair-share mitigation
744	options.
745	(d)(b)1.  In its transportation concurrency management
746	system, a local government shall, by December 1, 2006, include
747	methodologies that will be applied to calculate proportionate
748	fair-share mitigation. A developer may choose to satisfy all
749	transportation concurrency requirements by contributing or
750	paying proportionate fair-share mitigation if transportation
751	facilities or facility segments identified as mitigation for
752	traffic impacts are specifically identified for funding in the
753	5-year schedule of capital improvements in the capital
754	improvements element of the local plan or the long-term
755	concurrency management system or if such contributions or
756	payments to such facilities or segments are reflected in the 5-
757	year schedule of capital improvements in the next regularly
758	scheduled update of the capital improvements element. Updates to
759	the 5-year capital improvements element which reflect
760	proportionate fair-share contributions may not be found not in
761	compliance based on ss. 163.3164(32) and 163.3177(3) if
762	additional contributions, payments or funding sources are
763	reasonably anticipated during a period not to exceed 10 years to
764	fully mitigate impacts on the transportation facilities.
765	2.  Proportionate fair-share mitigation shall be applied as
766	a credit against all transportation impact fees or any exactions
767	assessed for the traffic impacts of a development to the extent
768	that all or a portion of the proportionate fair-share mitigation
769	is used to address the same capital infrastructure improvements
770	contemplated by the local government's impact fee ordinance.
771	(e)(c)  Proportionate fair-share mitigation includes,
772	without limitation, separately or collectively, private funds,
773	contributions of land, or and construction and contribution of
774	facilities and may include public funds as determined by the
775	local government. Proportionate fair-share mitigation may be
776	directed toward one or more specific transportation improvements
777	reasonably related to the mobility demands created by the
778	development and such improvements may address one or more modes
779	of travel. The fair market value of the proportionate fair-share
780	mitigation may shall not differ based on the form of mitigation.
781	A local government may not require a development to pay more
782	than its proportionate fair-share contribution regardless of the
783	method of mitigation. Proportionate fair-share mitigation shall
784	be limited to ensure that a development meeting the requirements
785	of this section mitigates its impact on the transportation
786	system but is not responsible for the additional cost of
787	reducing or eliminating backlogs.
788	(f)(d)  This subsection does not require a local government
789	to approve a development that is not otherwise qualified for
790	approval pursuant to the applicable local comprehensive plan and
791	land development regulations; however, a development that
792	satisfies the requirements of s. 163.3180 shall not be denied on
793	the basis of a failure to mitigate its transportation impacts
794	under the local comprehensive plan or land development
795	regulations. This paragraph does not limit a local government
796	from imposing lawfully adopted transportation impact fees.
797	(g)(e)  Mitigation for development impacts to facilities on
798	the Strategic Intermodal System made pursuant to this subsection
799	requires the concurrence of the Department of Transportation.
800	(h)(f)  If the funds in an adopted 5-year capital
801	improvements element are insufficient to fully fund construction
802	of a transportation improvement required by the local
803	government's concurrency management system, a local government
804	and a developer may still enter into a binding proportionate-
805	share agreement authorizing the developer to construct that
806	amount of development on which the proportionate share is
807	calculated if the proportionate-share amount in such agreement
808	is sufficient to pay for one or more improvements which will, in
809	the opinion of the governmental entity or entities maintaining
810	the transportation facilities, significantly benefit the
811	impacted transportation system. The improvements funded by the
812	proportionate-share component must be adopted into the 5-year
813	capital improvements schedule of the comprehensive plan at the
814	next annual capital improvements element update. The funding of
815	any improvements that significantly benefit the impacted
816	transportation system satisfies concurrency requirements as a
817	mitigation of the development's impact upon the overall
818	transportation system even if there remains a failure of
819	concurrency on other impacted facilities.
820	(i)(g)  Except as provided in subparagraph (d)1. (b)1.,
821	this section does may not prohibit the state land planning
822	agency Department of Community Affairs from finding other
823	portions of the capital improvements element amendments not in
824	compliance as provided in this chapter.
825	(j)(h)  The provisions of This subsection does do not apply
826	to a development of regional impact satisfying the requirements
827	in of subsection (12).
828	(k)  A developer shall not be required to fund or construct
829	proportionate-share mitigation that is more extensive than
830	mitigation necessary to offset the impact of the development
831	project under review.
832	(l)  The payment for such improvements that significantly
833	benefit the impacted transportation system satisfies concurrency
834	requirements as a mitigation of the development's stage or phase
835	impacts upon the overall transportation system even if there
836	remains a failure of concurrency on other impacted facilities.
837	(m)  As used in this subsection, the term:
838	1.  "Backlog" or "backlogged transportation facility" means
839	a facility or facilities on which the adopted level-of-service
840	standard is exceeded by the existing trips, plus background
841	trips.
842	2.  "Background trips" means trips from sources other than
843	the development project under review that are forecasted by
844	established traffic standards, including, but not limited to,
845	traffic modeling, to be coincident with the particular stage or
846	phase of the development project under review.
847	(18)  INCENTIVES FOR CONTRIBUTIONS.--Landowners or
848	developers, including landowners or developers of developments
849	of regional impact, who propose a large-scale development of 500
850	cumulative acres or more may satisfy all of the transportation
851	concurrency requirements by contributing or paying
852	proportionate-share or proportionate fair-share mitigation. If
853	such contribution is made, a local government shall:
854	(a)  Designate the traffic impacts for transportation
855	facilities or facility segments as mitigated for funding in the
856	5-year schedule of capital improvements in the capital
857	improvements element of the local comprehensive plan or the
858	long-term concurrency management system; or
859	(b)  Reflect that the traffic impacts for transportation
860	facilities or facility segments are mitigated in the 5-year
861	schedule of capital improvements in the next regularly scheduled
862	update of the capital improvements element.
863
864	Updates to the 5-year capital improvements element which reflect
865	proportionate-share or proportionate fair-share contributions
866	are deemed compliant with s. 163.3164(32) or s. 163.3177(3) if
867	additional contributions, payments, or funding sources are
868	reasonably anticipated during a period not to exceed 10 years
869	and would fully mitigate impacts on the transportation
870	facilities and facility segments.
871	Section 4.  Subsection (2) of section 163.3182, Florida
872	Statutes, is amended to read:
873	163.3182  Transportation concurrency backlogs.--
874	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
875	AUTHORITIES.--
876	(a)  A county or municipality may create a transportation
877	concurrency backlog authority if it has an identified
878	transportation concurrency backlog.
879	(b)  No later than 2012, each local government that has an
880	identified transportation concurrency backlog shall adopt one or
881	more transportation concurrency backlog areas as part of its
882	capital improvements element update to its financially feasible
883	submission to the state land planning agency. On a biannual
884	basis, the creation of additional areas shall be submitted to
885	the state land planning agency until the local government has
886	demonstrated by no later than 2027 that the backlog existing in
887	2012 has been mitigated through construction or planned
888	construction of the necessary transportation mobility
889	improvements. If, because of economic conditions, the local
890	government cannot meet the biannual requirements of the capital
891	improvements update for new areas, it may request from the state
892	land planning agency a one-time waiver of the requirement to
893	file the biannual creation of new transportation concurrency
894	backlog authority areas.
895	(c)  Landowners or developers within a large-scale
896	development area of 500 cumulative acres or more may request the
897	local government to create a transportation concurrency backlog
898	area coterminous with the boundaries of the development area. If
899	a development permit is issued or a comprehensive plan amendment
900	is approved within the development area, the local government
901	shall designate the transportation concurrency backlog area if
902	the funding is sufficient to address one or more transportation
903	capacity improvements necessary to satisfy the additional
904	deficiencies coexisting or anticipated with the new development.
905	The transportation concurrency backlog area shall be created by
906	ordinance and shall be used to satisfy all fair share or
907	proportionate fair-share transportation concurrency
908	contributions of the development which are not otherwise
909	satisfied by impact fees. The local government shall manage the
910	area acting as a transportation concurrency backlog authority
911	and all applicable provisions of this section apply, except that
912	the tax increment shall be used to satisfy transportation
913	concurrency requirements not otherwise satisfied by impact fees.
914	(d)(b)  Acting as the transportation concurrency backlog
915	authority within the authority's jurisdictional boundary, the
916	governing body of a county or municipality shall adopt and
917	implement a plan to eliminate all identified transportation
918	concurrency backlogs within the authority's jurisdiction using
919	funds provided pursuant to subsection (5) and as otherwise
920	provided pursuant to this section.
921	(e)  Notwithstanding any general law, special act, or
922	ordinance to the contrary, a local government shall not require
923	any payments for transportation concurrency beyond a subject
924	development's traffic impacts as identified pursuant to impact
925	fees or s. 163.3180(12) or (16), nor shall a condition of a
926	development order or permit require such payments. If payments
927	required to satisfy a development's share of transportation
928	concurrency costs do not mitigate all traffic impacts of the
929	planned development area because of existing or future backlog
930	conditions, the landowner or developer shall be entitled to
931	petition the local government for designation of a
932	transportation concurrency backlog area pursuant to this
933	section, which shall satisfy any remaining concurrency backlog
934	requirements in the impacted area.
935	Section 5.  Paragraph (a) of subsection (7) of section
936	380.06, Florida Statutes, is amended to read:
937	380.06  Developments of regional impact.--
938	(7)  PREAPPLICATION PROCEDURES.--
939	(a)  Before filing an application for development approval,
940	the developer shall contact the regional planning agency having
941	with jurisdiction over the proposed development to arrange a
942	preapplication conference. Upon the request of the developer or
943	the regional planning agency, other affected state and regional
944	agencies shall participate in the this conference and shall
945	identify the types of permits issued by the agencies, the level
946	of information required, and the permit issuance procedures as
947	applied to the proposed development. The levels of service
948	required in the transportation methodology must be the same
949	levels of service used to evaluate concurrency and proportionate
950	share pursuant to s. 163.3180. The regional planning agency
951	shall provide the developer information to the developer
952	regarding about the development-of-regional-impact process and
953	the use of preapplication conferences to identify issues,
954	coordinate appropriate state and local agency requirements, and
955	otherwise promote a proper and efficient review of the proposed
956	development. If an agreement is reached regarding assumptions
957	and methodology to be used in the application for development
958	approval, the reviewing agencies may not subsequently object to
959	those assumptions and methodologies, unless subsequent changes
960	to the project or information obtained during the review make
961	those assumptions and methodologies inappropriate.
962	Section 6.  Transportation mobility fee.--
963	(1)  The Legislature finds that the existing transportation
964	concurrency system has not adequately addressed Florida's
965	transportation needs in an effective, predictable, and equitable
966	manner and is not producing a sustainable transportation system
967	for the state. The current system is complex, lacks uniformity
968	among jurisdictions, is too focused on roadways to the detriment
969	of desired land use patterns and transportation alternatives,
970	results in unjustified financial inequities between comparable
971	applicants, and frequently prevents the attainment of important
972	growth management goals. Therefore, the Legislature has
973	determined that the state shall evaluate and, as deemed
974	feasible, implement a different adequate public facility
975	requirement for transportation which would utilize a mobility
976	fee based either on net external trip volume generated or
977	vehicle and people miles traveled. The mobility fee shall be
978	designed to provide for mobility needs, ensure that development
979	provides mitigation for its impacts on the transportation system
980	in approximate proportionality to those impacts, fairly
981	distribute financial burdens among all applicants for
982	development permits, and promote compact, mixed-use, and energy
983	efficient development. Therefore, the Legislature directs the
984	Department of Community Affairs and the Department of
985	Transportation, both of whom are currently performing
986	independent mobility fee studies, to coordinate and use those
987	studies in developing a methodology for a mobility fee system as
988	follows:
989	(a)  The uniform mobility fee methodology for statewide
990	application shall replace the existing transportation
991	concurrency management systems adopted and implemented by local
992	governments. The independent, yet coordinated, studies shall
993	focus upon developing a methodology that includes the following:
994	1.  A determination of the amount, distribution, and timing
995	of vehicular and people miles traveled by applying
996	professionally accepted standards and practices in the
997	disciplines of land use and transportation planning, including
998	requirements of constitutional and statutory law.
999	2.  The development of an equitable mobility fee which
1000	provides funding for future mobility needs whereby new
1001	development mitigates in approximate proportionality for its
1002	impacts on the transportation system, yet is not delayed or held
1003	accountable for system backlogs or failures that are not
1004	directly attributable to the proposed development.
1005	3.  The replacement of transportation financial feasibility
1006	obligations, proportionate-share contributions for developments
1007	of regional impacts, proportionate fair-share contributions, and
1008	locally adopted transportation impact fees with the mobility
1009	fee, such that a single transportation fee, whether based on
1010	number of trips or vehicle miles traveled, may be applied
1011	uniformly on a statewide basis by application of the mobility
1012	fee formula developed by these studies.
1013	4.  Applicability of the mobility fee on a statewide or
1014	more limited geographic basis and, if the latter, the preferred
1015	methodology in lieu of the existing concurrency or impact fee
1016	system for equitably mitigating transportation impacts from new
1017	development in those geographic areas where the mobility fee is
1018	not recommended.
1019	5.  The ability for developer contributions of land for
1020	right-of-way or developer-funded improvements to the
1021	transportation network to be recognized as credits against the
1022	mobility fee via mutually acceptable agreements reached with the
1023	impacted jurisdiction.
1024	6.  An equitable methodology for distribution of the
1025	mobility fee proceeds among those jurisdictions responsible for
1026	construction and maintenance of the impacted roadways, such that
1027	100 percent of the collected mobility fees are utilized for
1028	improvements to the overall transportation network of the
1029	impacted jurisdiction.
1030	(b)  No later than February 15, 2010, the Secretary of
1031	Community Affairs and the Secretary of Transportation shall
1032	provide an interim joint report to the President of the Senate
1033	and the Speaker of the House of Representatives which contains
1034	the status of the mobility fee methodology study. A second
1035	interim joint report shall be provided on or before February 15,
1036	2011. On or before December 1, 2010, the Department of Community
1037	Affairs, with input from the Department of Transportation, shall
1038	develop and submit to the Legislature proposed amendments to
1039	chapter 9J-5, Florida Administrative Code, incorporating the
1040	mobility fee methodology developed from the studies. The 2011
1041	Legislature shall consider the amendments and approve as
1042	submitted, approve with revisions, or reject. If approved as
1043	submitted, the amendments shall go into effect on July 1, 2011.
1044	If approved with revisions, the Department of Community Affairs
1045	shall adopt the amendments as revised such that they will become
1046	effective not later than July 1, 2011. The Legislature declares
1047	that changes made to chapter 9J-5, Florida Administrative Code,
1048	pursuant to this paragraph shall not be subject to rule
1049	challenges under s. 120.56(2), Florida Statutes, or to drawout
1050	proceedings under s. 120.54(3)(c)2., Florida Statutes.
1051	(2)  In order to facilitate the replacement of the current
1052	dysfunctional transportation concurrency system, the Legislature
1053	directs that s. 163.3180, Florida Statutes, relating to
1054	transportation, be repealed effective October 1, 2012, unless
1055	the amendments to chapter 9J-5, Florida Administrative Code, are
1056	rejected and s. 163.3180, Florida Statutes, is reenacted by the
1057	Legislature.
1058	Section 7.  The Department of Transportation shall
1059	establish an approved transportation methodology that recognizes
1060	that a planned, sustainable, or self-sufficient development area
1061	will likely achieve a community internal capture rate in excess
1062	of 30 percent when fully developed. A sustainable or self-
1063	sufficient development area consists of 500 acres or more of
1064	large-scale developments individually or collectively designed
1065	to achieve self containment by providing a balance of land uses
1066	to fulfill a majority of the community's needs. The adopted
1067	transportation methodology shall use a regional transportation
1068	model that incorporates professionally accepted modeling
1069	techniques applicable to well-planned, sustainable communities
1070	of the size, location, mix of uses, and design features
1071	consistent with such communities. The adopted transportation
1072	methodology shall serve as the basis for sustainable or self-
1073	sufficient development's traffic impact assessments by the
1074	department. The methodology review must be completed and in use
1075	no later than July 1, 2009.
1076	Section 8.  This act shall take effect July 1, 2009.

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