Florida Senate - 2009                                    SB 1306
       
       
       
       By Senator Bennett
       
       
       
       
       21-00621B-09                                          20091306__
    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
    5         not meet concurrency requirements in a particular
    6         year; amending s. 163.3177, F.S.; conforming a cross
    7         reference; amending s. 163.3180, F.S.; revising
    8         provisions relating to the concurrency requirements
    9         for public facilities and transportation facilities;
   10         providing for the designation of certain geographic
   11         areas as transportation concurrency exception areas;
   12         revising provisions relating to the level-of-service
   13         standards for transportation; authorizing a local
   14         government to adopt a lower level-of-service standard
   15         under certain circumstances; revising provisions
   16         relating to the calculation of the proportionate-share
   17         contribution; providing definitions; providing for the
   18         applicability and calculation of proportionate fair
   19         share mitigation; providing incentives for landowners
   20         or developers who contribute or pay proportionate
   21         fair-share mitigation; amending s. 163.3182, F.S.;
   22         revising provisions relating to the creation of
   23         transportation concurrency backlog authorities;
   24         requiring that each local government adopt
   25         transportation concurrency backlog areas as part of
   26         the capital improvements element of the local
   27         comprehensive plan; amending s. 380.06, F.S.; revising
   28         provisions relating to the preapplication procedures
   29         for developments of regional impact; requiring that
   30         the levels of service in the transportation
   31         methodology be the same standards used to evaluate
   32         concurrency and proportionate-share contributions;
   33         providing for a transportation mobility fee; providing
   34         legislative findings and intent; requiring that the
   35         Department of Community Affairs and the Department of
   36         Transportation coordinate their independent mobility
   37         fees studies to develop a methodology for a mobility
   38         fee system; providing guidelines for developing the
   39         methodology; requiring that the Secretary of Community
   40         Affairs and the Secretary of Transportation submit
   41         joint interim reports to the Legislature by specified
   42         dates; requiring that the Department of Community
   43         Affairs develop proposed amendments to chapter 9J-5,
   44         F.A.C., for incorporating the mobility fee
   45         methodology; requiring that the department submit the
   46         proposed amendments to the Legislature for review by a
   47         specified date; providing for future repeal of s.
   48         163.3180, F.S., relating to transportation concurrency
   49         requirements; requiring that the Department of
   50         Transportation establish a transportation methodology;
   51         requiring that such methodology be completed and in
   52         use by a specified date; providing an effective date.
   53         
   54  Be It Enacted by the Legislature of the State of Florida:
   55         
   56         Section 1. Subsection (32) of section 163.3164, Florida
   57  Statutes, is amended to read:
   58         163.3164 Local Government Comprehensive Planning and Land
   59  Development Regulation Act; definitions.—As used in this act:
   60         (32) “Financial feasibility” means that sufficient revenues
   61  are currently available or will be available from committed
   62  funding sources for the first 3 years, or will be available from
   63  committed or planned funding sources for years 4 and 5, of a 5
   64  year capital improvement schedule for financing capital
   65  improvements, including such as ad valorem taxes, bonds, state
   66  and federal funds, tax revenues, impact fees, and developer
   67  contributions, which are adequate to fund the projected costs of
   68  the capital improvements identified in the comprehensive plan
   69  and necessary to ensure that adopted level-of-service standards
   70  are achieved and maintained within the period covered by the 5
   71  year schedule of capital improvements. A comprehensive plan or
   72  comprehensive plan amendment shall be deemed financially
   73  feasible for transportation and school facilities throughout the
   74  planning period addressed by the capital improvements schedule
   75  if it can be demonstrated that the existing or adopted level-of
   76  service, whichever has the greater maximum service volume,
   77  standards will be achieved and maintained by the end of the
   78  planning period even if in a particular year such improvements
   79  are not concurrent as required by s. 163.3180. A comprehensive
   80  plan shall be deemed financially feasible for school facilities
   81  throughout the planning period addressed by the capital
   82  improvements schedule if it can be demonstrated that the level
   83  of-service standards will be achieved and maintained by the end
   84  of the planning period even if in a particular year such
   85  improvements are not concurrent as required in s. 163.3180.
   86         Section 2. Paragraph (e) of subsection (3) of section
   87  163.3177, Florida Statutes, is amended to read:
   88         163.3177 Required and optional elements of comprehensive
   89  plan; studies and surveys.—
   90         (3)
   91         (e) At the discretion of the local government and
   92  notwithstanding the requirements in of this subsection, a
   93  comprehensive plan, as revised by an amendment to the plan's
   94  future land use map, shall be deemed to be financially feasible
   95  and to have achieved and maintained level-of-service standards
   96  as required in by this section with respect to transportation
   97  facilities if the amendment to the future land use map is
   98  supported by a:
   99         1. Condition in a development order for a development of
  100  regional impact or binding agreement that addresses
  101  proportionate-share mitigation consistent with s. 163.3180(12);
  102  or
  103         2. Binding agreement addressing proportionate fair-share
  104  mitigation consistent with s. 163.3180(16)(h) s. 163.3180(16)(f)
  105  and the property subject to the amendment to the future land use
  106  map is located within an area designated in a comprehensive plan
  107  for urban infill, urban redevelopment, downtown revitalization,
  108  urban infill and redevelopment, or an urban service area. The
  109  binding agreement must be based on the maximum amount of
  110  development identified by the future land use map amendment or
  111  as may be otherwise restricted through a special area plan
  112  policy or map notation in the comprehensive plan.
  113         Section 3. Subsections (1) through (12) and (14) through
  114  (16) of section 163.3180, Florida Statutes, are amended, and
  115  subsection (18) is added to that section, to read:
  116         163.3180 Concurrency.—
  117         (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.—
  118         (a) Public facility types.Sanitary sewer, solid waste,
  119  drainage, potable water, parks and recreation, schools, and
  120  transportation facilities, including mass transit, where
  121  applicable, are the only public facilities and services subject
  122  to the concurrency requirement on a statewide basis. Additional
  123  public facilities and services are may not be made subject to
  124  concurrency on a statewide basis without appropriate study and
  125  approval by the Legislature; however, any local government may
  126  extend the concurrency requirement so that it applies to apply
  127  to additional public facilities within its jurisdiction.
  128         (b) Transportation methodologies.Local governments shall
  129  use professionally accepted techniques for measuring level of
  130  service for automobiles, bicycles, pedestrians, transit, and
  131  trucks. These techniques may be used to evaluate increased
  132  accessibility by multiple modes and reductions in vehicle miles
  133  of travel in an area or zone. The state land planning agency and
  134  the Department of Transportation shall develop methodologies to
  135  assist local governments in implementing this multimodal level
  136  of-service analysis and. The Department of Community Affairs and
  137  the Department of Transportation shall provide technical
  138  assistance to local governments in applying the these
  139  methodologies.
  140         (2) PUBLIC FACILITY AVAILABILITY STANDARDS.—
  141         (a) Sanitary sewer, solid waste, drainage, adequate water
  142  supply, and potable water facilities.Consistent with public
  143  health and safety, sanitary sewer, solid waste, drainage,
  144  adequate water supplies, and potable water facilities shall be
  145  in place and available to serve new development no later than
  146  the date on which issuance by the local government issues of a
  147  certificate of occupancy or its functional equivalent. Before
  148  approving Prior to approval of a building permit or its
  149  functional equivalent, the local government shall consult with
  150  the applicable water supplier to determine whether adequate
  151  water supplies to serve the new development will be available by
  152  no later than the anticipated date of issuance by the local
  153  government of the a certificate of occupancy or its functional
  154  equivalent. A local government may meet the concurrency
  155  requirement for sanitary sewer through the use of onsite sewage
  156  treatment and disposal systems approved by the Department of
  157  Health to serve new development.
  158         (b) Parks and recreation facilities.Consistent with the
  159  public welfare, and except as otherwise provided in this
  160  section, parks and recreation facilities to serve new
  161  development shall be in place or under actual construction
  162  within no later than 1 year after issuance by the local
  163  government issues of a certificate of occupancy or its
  164  functional equivalent. However, the acreage for such facilities
  165  must shall be dedicated or be acquired by the local government
  166  before it issues prior to issuance by the local government of
  167  the a certificate of occupancy or its functional equivalent, or
  168  funds in the amount of the developer's fair share shall be
  169  committed no later than the date on which the local government
  170  approves commencement of government's approval to commence
  171  construction.
  172         (c) Transportation facilities.Consistent with the public
  173  welfare, and except as otherwise provided in this section,
  174  transportation facilities needed to serve new development must
  175  shall be in place or under actual construction within 3 years
  176  after the local government approves a building permit or its
  177  functional equivalent that results in traffic generation.
  178         (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.—Governmental
  179  entities that are not responsible for providing, financing,
  180  operating, or regulating public facilities needed to serve
  181  development may not establish binding level-of-service standards
  182  to apply to on governmental entities that do bear those
  183  responsibilities. This subsection does not limit the authority
  184  of any agency to recommend or make objections, recommendations,
  185  comments, or determinations during reviews conducted under s.
  186  163.3184.
  187         (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.—
  188         (a) State and other public facilities.The concurrency
  189  requirement as implemented in local comprehensive plans applies
  190  to state and other public facilities and development to the same
  191  extent that it applies to all other facilities and development,
  192  as provided by law.
  193         (b) Public transit facilities.The concurrency requirement
  194  as implemented in local comprehensive plans does not apply to
  195  public transit facilities. For the purposes of this paragraph,
  196  public transit facilities include transit stations and
  197  terminals; transit station parking; park-and-ride lots;
  198  intermodal public transit connection or transfer facilities;
  199  fixed bus, guideway, and rail stations; and airport passenger
  200  terminals and concourses, air cargo facilities, and hangars for
  201  the maintenance or storage of aircraft. As used in this
  202  paragraph, the terms “terminals” and “transit facilities” do not
  203  include seaports or commercial or residential development
  204  constructed in conjunction with a public transit facility.
  205         (c) Infill and redevelopment areas.The concurrency
  206  requirement, except as it relates to transportation facilities
  207  and public schools, as implemented in local government
  208  comprehensive plans, may be waived by a local government for
  209  urban infill and redevelopment areas designated pursuant to s.
  210  163.2517 if such a waiver does not endanger public health or
  211  safety as defined by the local government in the its local
  212  government's government comprehensive plan. The waiver must
  213  shall be adopted as a plan amendment using pursuant to the
  214  process set forth in s. 163.3187(3)(a). A local government may
  215  grant a concurrency exception pursuant to subsection (5) for
  216  transportation facilities located within these urban infill and
  217  redevelopment areas.
  218         (5) COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.—
  219         (a) Legislative findings.The Legislature finds that under
  220  limited circumstances dealing with transportation facilities,
  221  countervailing planning and public policy goals may come into
  222  conflict with the requirement that adequate public
  223  transportation facilities and services be available concurrent
  224  with the impacts of such development. The Legislature further
  225  finds that often the unintended result of the concurrency
  226  requirement for transportation facilities is often the
  227  discouragement of urban infill development, infill, and
  228  redevelopment. Such unintended results directly conflict with
  229  the goals and policies of the state comprehensive plan and the
  230  intent of this part. The Legislature finds that in urban areas
  231  transportation cannot be effectively managed and mobility cannot
  232  be improved solely through the expansion of roadway capacity,
  233  that in many urban areas the expansion of roadway capacity is
  234  not always physically or financially possible, and that a range
  235  of transportation alternatives are essential to satisfy mobility
  236  needs, reduce congestion, and achieve healthy, vibrant areas.
  237  Therefore, exceptions from the concurrency requirement for
  238  transportation facilities may be granted as provided in by this
  239  subsection.
  240         (b) Geographic applicability of transportation concurrency
  241  exception areas.
  242         1.Transportation concurrency exception areas are
  243  established within geographic areas that are designated in a
  244  local comprehensive plan for urban infill development, urban
  245  redevelopment, downtown revitalization, or urban infill and
  246  redevelopment under s. 163.2517. Areas that are designated as
  247  such in a future local comprehensive plan shall be
  248  transportation concurrency exception areas; however, the local
  249  government shall implement long-term strategies to support and
  250  fund mobility within the designated exception area, including
  251  alternative modes of transportation.
  252         2. A local government may grant an exception from the
  253  concurrency requirement for transportation facilities if the
  254  proposed development is otherwise consistent with the adopted
  255  local government comprehensive plan and:
  256         a. Is a project that promotes public transportation; or
  257         b. Is located within an area designated in the
  258  comprehensive plan as for:
  259         1.Urban infill development;
  260         2.Urban redevelopment;
  261         3.Downtown revitalization;
  262         4.Urban infill and redevelopment under s. 163.2517; or
  263         5. an urban service area specifically designated as a
  264  transportation concurrency exception area, which includes lands
  265  appropriate for compact, contiguous urban development, which
  266  does not exceed the amount of land needed to accommodate the
  267  projected population growth at densities consistent with the
  268  adopted comprehensive plan within the 10-year planning period,
  269  and which is served or is planned to be served with public
  270  facilities and services as provided by the capital improvements
  271  element or;.
  272         c.Is an agricultural enclave, as defined in s.
  273  163.3164(33), which is located within a transportation
  274  concurrency backlog area.
  275         (c) Projects that have special part-time demands.The
  276  Legislature also finds that developments located within urban
  277  infill, urban redevelopment, existing urban service areas, or
  278  downtown revitalization areas or areas designated as urban
  279  infill and redevelopment areas under s. 163.2517, which pose
  280  only special part-time demands on the transportation system, are
  281  exempt should be excepted from the concurrency requirement for
  282  transportation facilities. A special part-time demand is one
  283  that does not have more than 200 scheduled events during any
  284  calendar year and does not affect the 100 highest traffic volume
  285  hours.
  286         (d) Establishment of transportation concurrency exception
  287  areas.—A local government that adopts transportation concurrency
  288  exception areas under subparagraph (b)2. shall:
  289         1.A local government shall Establish guidelines in the
  290  comprehensive plan for granting transportation concurrency
  291  exceptions, the exceptions authorized in paragraphs (b) and (c)
  292  and subsections (7) and (15) which must be consistent with and
  293  support a comprehensive strategy adopted in the plan to promote
  294  and facilitate development consistent with the planning and
  295  public policy goals upon which the establishment of the
  296  concurrency exception areas was predicated the purpose of the
  297  exceptions.
  298         2.(e)The local government shall Adopt into the plan and
  299  Implement long-term strategies to support and fund mobility
  300  within the designated exception area, including alternative
  301  modes of transportation. The plan amendment must also
  302  demonstrate how strategies will support the purpose of the
  303  exception and how mobility within the designated exception area
  304  will be provided. In addition, the strategies must address urban
  305  design; appropriate land use mixes, including intensity and
  306  density; and network connectivity plans needed to promote urban
  307  infill, redevelopment, or downtown revitalization. The
  308  comprehensive plan amendment designating the concurrency
  309  exception area must be accompanied by data and analysis
  310  justifying the size of the area.
  311         3.(f)Before designating Prior to the designation of a
  312  transportation concurrency exception area pursuant to
  313  subparagraph (b)2., consult with the state land planning agency
  314  and the Department of Transportation shall be consulted by the
  315  local government to assess the impact that the proposed
  316  exception area is expected to have on the adopted level-of
  317  service standards established for Strategic Intermodal System
  318  facilities, as defined in s. 339.64, and roadway facilities
  319  funded in accordance with s. 339.2819 and. Further, the local
  320  government shall, in consultation with the state land planning
  321  agency and the Department of Transportation, develop a plan to
  322  mitigate any impacts to the Strategic Intermodal System.
  323         4.Meet with adjacent jurisdictions that may be impacted by
  324  the designation and discuss strategies for minimizing the
  325  impacts., including, if appropriate, the development of a long
  326  term concurrency management system pursuant to subsection (9)
  327  and s. 163.3177(3)(d). The exceptions may be available only
  328  within the specific geographic area of the jurisdiction
  329  designated in the plan. Pursuant to s. 163.3184, any affected
  330  person may challenge a plan amendment establishing these
  331  guidelines and the areas within which an exception could be
  332  granted.
  333         (g)Transportation concurrency exception areas existing
  334  prior to July 1, 2005, must, at a minimum, meet the provisions
  335  of this section by July 1, 2006, or at the time of the
  336  comprehensive plan update pursuant to the evaluation and
  337  appraisal report, whichever occurs last.
  338         (6) DE MINIMIS IMPACT.—The Legislature finds that a de
  339  minimis impact is consistent with this part. A de minimis impact
  340  is an impact that does would not affect more than 1 percent of
  341  the maximum volume at the adopted level of service of the
  342  affected transportation facility as determined by the local
  343  government. An No impact is not will be de minimis if the sum of
  344  existing roadway volumes and the projected volumes from approved
  345  projects on a transportation facility exceeds would exceed 110
  346  percent of the maximum volume at the adopted level of service of
  347  the affected transportation facility; provided however, the that
  348  an impact of a single family home on an existing lot is will
  349  constitute a de minimis impact on all roadways regardless of the
  350  level of the deficiency of the roadway. Further, an no impact is
  351  not will be de minimis if it exceeds would exceed the adopted
  352  level-of-service standard of any affected designated hurricane
  353  evacuation routes. Each local government shall maintain
  354  sufficient records to ensure that the 110-percent criterion is
  355  not exceeded. Each local government shall submit annually, with
  356  its updated capital improvements element, a summary of the de
  357  minimis records. If the state land planning agency determines
  358  that the 110-percent criterion has been exceeded, the state land
  359  planning agency shall notify the local government of the
  360  exceedance and that no further de minimis exceptions for the
  361  applicable roadway may be granted until such time as the volume
  362  is reduced below the 110 percent. The local government shall
  363  provide proof of this reduction to the state land planning
  364  agency before issuing further de minimis exceptions.
  365         (7) CONCURRENCY MANAGEMENT AREAS.—In order to promote urban
  366  development and infill development and redevelopment, one or
  367  more transportation concurrency management areas may be
  368  designated in a local government comprehensive plan. A
  369  transportation concurrency management area must be a compact
  370  geographic area that has with an existing network of roads where
  371  multiple, viable alternative travel paths or modes are available
  372  for common trips. A local government may establish an areawide
  373  level-of-service standard for such a transportation concurrency
  374  management area based upon an analysis that provides for a
  375  justification for the areawide level of service, how urban
  376  infill development, infill, and or redevelopment will be
  377  promoted, and how mobility will be accomplished within the
  378  transportation concurrency management area. Before Prior to the
  379  designation of a concurrency management area is designated, the
  380  local government shall consult with the state land planning
  381  agency and the Department of Transportation shall be consulted
  382  by the local government to assess the impact that the proposed
  383  concurrency management area is expected to have on the adopted
  384  level-of-service standards established for Strategic Intermodal
  385  System facilities, as defined in s. 339.64, and roadway
  386  facilities funded in accordance with s. 339.2819. Further, the
  387  local government shall, in cooperation with the state land
  388  planning agency and the Department of Transportation, develop a
  389  plan to mitigate any impacts to the Strategic Intermodal System,
  390  including, if appropriate, the development of a long-term
  391  concurrency management system pursuant to subsection (9) and s.
  392  163.3177(3)(d). Transportation concurrency management areas
  393  existing prior to July 1, 2005, shall meet, at a minimum, the
  394  provisions of this section by July 1, 2006, or at the time of
  395  the comprehensive plan update pursuant to the evaluation and
  396  appraisal report, whichever occurs last. The state land planning
  397  agency shall amend chapter 9J-5, Florida Administrative Code, to
  398  be consistent with this subsection.
  399         (8) URBAN REDEVELOPMENT.—When assessing the transportation
  400  impacts of proposed urban redevelopment within an established
  401  existing urban service area, 150 110 percent of the actual
  402  transportation impact caused by the previously existing
  403  development must be reserved for the redevelopment, even if the
  404  previously existing development had has a lesser or nonexisting
  405  impact pursuant to the calculations of the local government.
  406  Redevelopment requiring less than 150 110 percent of the
  407  previously existing capacity shall not be prohibited due to the
  408  reduction of transportation levels of service below the adopted
  409  standards. This does not preclude the appropriate assessment of
  410  fees or accounting for the impacts within the concurrency
  411  management system and capital improvements program of the
  412  affected local government. This subsection paragraph does not
  413  affect local government requirements for appropriate development
  414  permits.
  415         (9)(a) LONG-TERM CONCURRENCY MANAGEMENT.—Each local
  416  government may adopt, as a part of its plan, long-term
  417  transportation and school concurrency management systems that
  418  have with a planning period of up to 10 years for specially
  419  designated districts or areas where significant backlogs exist.
  420  The plan may include interim level-of-service standards on
  421  certain facilities and must shall rely on the local government's
  422  schedule of capital improvements for up to 10 years as a basis
  423  for issuing development orders authorizing the that authorize
  424  commencement of construction in the these designated districts
  425  or areas. The concurrency management system must be designed to
  426  correct existing deficiencies and set priorities for addressing
  427  backlogged facilities. The concurrency management system must be
  428  financially feasible and consistent with other portions of the
  429  adopted local plan, including the future land use map.
  430         (b) If a local government has a transportation or school
  431  facility backlog for existing development which cannot be
  432  adequately addressed in a 10-year plan, the state land planning
  433  agency may allow the local government it to develop a plan and
  434  long-term schedule of capital improvements covering up to 15
  435  years for good and sufficient cause. The state land planning
  436  agency's determination must be, based on a general comparison
  437  between the that local government and all other similarly
  438  situated local jurisdictions, using the following factors:
  439         1. The extent of the backlog.
  440         2. For roads, whether the backlog is on local or state
  441  roads.
  442         3. The cost of eliminating the backlog.
  443         4. The local government's tax and other revenue-raising
  444  efforts.
  445         (c) The local government may issue approvals to commence
  446  construction notwithstanding this section, consistent with and
  447  in areas that are subject to a long-term concurrency management
  448  system.
  449         (d) If the local government adopts a long-term concurrency
  450  management system, it must evaluate the system periodically. At
  451  a minimum, the local government must assess its progress toward
  452  improving levels of service within the long-term concurrency
  453  management district or area in the evaluation and appraisal
  454  report and determine any changes that are necessary to
  455  accelerate progress in meeting acceptable levels of service.
  456         (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.—With regard
  457  to roadway facilities on the Strategic Intermodal System which
  458  are designated in accordance with s. 339.63 ss. 339.61, 339.62,
  459  339.63, and 339.64, the Florida Intrastate Highway System as
  460  defined in s. 338.001, and roadway facilities funded in
  461  accordance with s. 339.2819, local governments shall adopt the
  462  level-of-service standard established by the Department of
  463  Transportation by rule; however, if a project involves qualified
  464  jobs created and certified by the Office of Tourism, Trade, and
  465  Economic Development or if the project is a nonresidential
  466  project located within an area designated by the Governor as a
  467  rural area of critical economic concern under s. 288.0656(7),
  468  the affected local government, after consulting with the
  469  Department of Transportation, may adopt into its comprehensive
  470  plan a lower level-of-service standard than the standard adopted
  471  by the Department of Transportation. The lower level-of-service
  472  standard shall apply only to a project conducted under the
  473  Office of Tourism, Trade, and Economic Development. For all
  474  other roads on the State Highway System, local governments shall
  475  establish an adequate level-of-service standard that need not be
  476  consistent with any level-of-service standard established by the
  477  Department of Transportation. In establishing adequate level-of
  478  service standards for any arterial roads, or collector roads as
  479  appropriate, which traverse multiple jurisdictions, local
  480  governments shall consider compatibility with the roadway
  481  facility's adopted level-of-service standards in adjacent
  482  jurisdictions. Each local government within a county shall use a
  483  professionally accepted methodology for measuring impacts on
  484  transportation facilities for the purposes of implementing its
  485  concurrency management system. Counties are encouraged to
  486  coordinate with adjacent counties, and local governments within
  487  a county are encouraged to coordinate, for the purpose of using
  488  common methodologies for measuring impacts on transportation
  489  facilities and for the purpose of implementing their concurrency
  490  management systems.
  491         (11) LIMITATION OF LIABILITY.—In order to limit a local
  492  government's the liability of local governments, the a local
  493  government shall may allow a landowner to proceed with the
  494  development of a specific parcel of land notwithstanding a
  495  failure of the development to satisfy transportation
  496  concurrency, if when all the following factors are shown to
  497  exist:
  498         (a) The local government having with jurisdiction over the
  499  property has adopted a local comprehensive plan that is in
  500  compliance.
  501         (b) The proposed development is would be consistent with
  502  the future land use designation for the specific property and
  503  with pertinent portions of the adopted local plan, as determined
  504  by the local government.
  505         (c) The local plan includes a financially feasible capital
  506  improvements element that provides for transportation facilities
  507  adequate to serve the proposed development, and the local
  508  government has not implemented that element.
  509         (d) The local government has provided a means for assessing
  510  by which the landowner for will be assessed a fair share of the
  511  cost of providing the transportation facilities necessary to
  512  serve the proposed development.
  513         (e) The landowner has made a binding commitment to the
  514  local government to pay the fair share of the cost of providing
  515  the transportation facilities to serve the proposed development.
  516         (12) REGIONAL IMPACT PROPORTIONATE-SHARE CONTRIBUTION.—
  517         (a) A development of regional impact satisfies may satisfy
  518  the transportation concurrency requirements of the local
  519  comprehensive plan, the local government's concurrency
  520  management system, and s. 380.06 by paying payment of a
  521  proportionate-share contribution for local and regionally
  522  significant traffic impacts, if:
  523         1.(a) The development of regional impact which, based on
  524  its location or mix of land uses, is designed to encourage
  525  pedestrian or other nonautomotive modes of transportation;
  526         2.(b) The proportionate-share contribution for local and
  527  regionally significant traffic impacts is sufficient to pay for
  528  one or more required mobility improvements that will benefit the
  529  network of a regionally significant transportation facilities
  530  facility;
  531         3.(c) The owner and developer of the development of
  532  regional impact pays or assures payment of the proportionate
  533  share contribution; and
  534         4.(d)If The regionally significant transportation facility
  535  to be constructed or improved is under the maintenance authority
  536  of a governmental entity, as defined by s. 334.03(12), other
  537  than the local government having with jurisdiction over the
  538  development of regional impact, the developer must is required
  539  to enter into a binding and legally enforceable commitment to
  540  transfer funds to the governmental entity having maintenance
  541  authority or to otherwise assure construction or improvement of
  542  the facility.
  543         (b) The proportionate-share contribution may be applied to
  544  any transportation facility to satisfy the provisions of this
  545  subsection and the local comprehensive plan., but, for the
  546  purposes of this subsection,
  547         1. The amount of the proportionate-share contribution shall
  548  be calculated as follows:
  549         a.The determination of significantly affected roadways
  550  shall be based upon the cumulative number of trips from the
  551  previously approved stage or phase of development and the
  552  proposed new stage or phase of development expected to reach
  553  roadways during the peak hour at from the complete buildout of a
  554  stage or phase being approved.
  555         b.For significantly affected roadways, the developer's
  556  proportionate share shall be based solely upon the number of
  557  trips from the proposed new stage or phase being approved which
  558  would exceed the peak hour maximum service volume of the roadway
  559  at the adopted or existing level of service, whichever has the
  560  greater maximum service volume, divided by the change in the
  561  peak hour maximum service volume of the roadways resulting from
  562  the construction of an improvement necessary to maintain the
  563  adopted or existing level of service, whichever has the greater
  564  maximum service volume.
  565         2.The calculated proportionate-share contribution shall be
  566  multiplied by the construction cost, at the time of developer
  567  payment, of the improvement necessary to maintain the adopted or
  568  existing level of service, whichever has the greater maximum
  569  service volume, in order to determine the proportionate-share
  570  contribution. For purposes of this subparagraph subsection, the
  571  term “construction cost” includes all associated costs of the
  572  improvement.
  573         3. Proportionate-share mitigation shall be limited to
  574  ensure that a development of regional impact meeting the
  575  requirements of this subsection mitigates its impact on the
  576  transportation system but is not responsible for the additional
  577  cost of reducing or eliminating backlogs.
  578         4.A developer shall not be required to fund or construct
  579  proportionate-share mitigation that is more extensive than
  580  mitigation necessary to offset the impact of the development
  581  project under review.
  582         5.Proportionate-share mitigation shall be applied as a
  583  credit against any transportation impact fees or exactions
  584  assessed for the traffic impacts of a development.
  585         6.Proportionate-share mitigation may be directed toward
  586  one or more specific transportation improvements reasonably
  587  related to the mobility demands created by the development and
  588  such improvements may address one or more modes of
  589  transportation.
  590         7.The payment for such improvements that significantly
  591  benefit the impacted transportation system satisfies concurrency
  592  requirements as a mitigation of the development’s stage or phase
  593  impacts upon the overall transportation system even if there
  594  remains a failure of concurrency on other impacted facilities.
  595         (c)As used in this subsection, the term:
  596         1.“Backlogged” or “backlogged transportation facility”
  597  means a facility on which the adopted level-of-service standard
  598  is exceeded by the existing trips plus background trips,
  599  including transportation facilities that have exceeded their
  600  useful life.
  601         2.“Background trips” means forecasted trips from sources
  602  other than the development project under review. The forecasted
  603  trips shall be based on established traffic modeling standards.
  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)(a) MULTIMODAL DISTRICTS.—Multimodal transportation
  613  districts may be established under a local government
  614  comprehensive plan in areas delineated on the future land use
  615  map for which the local comprehensive plan assigns secondary
  616  priority to vehicle mobility and primary priority to assuring a
  617  safe, comfortable, and attractive pedestrian environment, with
  618  convenient interconnection to transit. Such districts must
  619  incorporate community design features that will reduce the
  620  number of automobile trips or vehicle miles of travel and will
  621  support an integrated, multimodal transportation system. Before
  622  Prior to the designation of multimodal transportation districts,
  623  the Department of Transportation shall, in consultation with be
  624  consulted by the local government, to assess the impact that the
  625  proposed multimodal district area is expected to have on the
  626  adopted level-of-service standards established for Strategic
  627  Intermodal System facilities, as provided in s. 339.63 defined
  628  in s. 339.64, and roadway facilities funded in accordance with
  629  s. 339.2819. Further, the local government shall, in cooperation
  630  with the Department of Transportation, develop a plan to
  631  mitigate any impacts to the Strategic Intermodal System,
  632  including the development of a long-term concurrency management
  633  system pursuant to subsection (9) and s. 163.3177(3)(d).
  634  Multimodal transportation districts existing prior to July 1,
  635  2005, shall meet, at a minimum, the provisions of this section
  636  by July 1, 2006, or at the time of the comprehensive plan update
  637  pursuant to the evaluation and appraisal report, whichever
  638  occurs last.
  639         (b) Community design elements of such a multimodal
  640  transportation district include:
  641         1. A complementary mix and range of land uses, including
  642  educational, recreational, and cultural uses;
  643         2. Interconnected networks of streets designed to encourage
  644  walking and bicycling, with traffic-calming where desirable;
  645         3. Appropriate densities and intensities of use within
  646  walking distance of transit stops;
  647         4. Daily activities within walking distance of residences,
  648  allowing independence to persons who do not drive; and
  649         5. Public uses, streets, and squares that are safe,
  650  comfortable, and attractive for the pedestrian, with adjoining
  651  buildings open to the street and with parking not interfering
  652  with pedestrian, transit, automobile, and truck travel modes.
  653         (c) Local governments may establish multimodal level-of
  654  service standards that rely primarily on nonvehicular modes of
  655  transportation within the district, if when justified by an
  656  analysis demonstrating that the existing and planned community
  657  design will provide an adequate level of mobility within the
  658  district based upon professionally accepted multimodal level-of
  659  service methodologies. The analysis must also demonstrate that
  660  the capital improvements required to promote community design
  661  are financially feasible over the development or redevelopment
  662  timeframe for the district and that community design features
  663  within the district provide convenient interconnection for a
  664  multimodal transportation system. Local governments may issue
  665  development permits in reliance upon all planned community
  666  design capital improvements that are financially feasible over
  667  the development or redevelopment timeframe for the district,
  668  regardless of without regard to the period of time between
  669  development or redevelopment and the scheduled construction of
  670  the capital improvements. A determination of financial
  671  feasibility shall be based upon currently available funding or
  672  funding sources that could reasonably be expected to become
  673  available over the planning period.
  674         (d) Local governments may reduce impact fees or local
  675  access fees for development within multimodal transportation
  676  districts based on the reduction of vehicle trips per household
  677  or vehicle miles of travel expected from the development pattern
  678  planned for the district.
  679         (e) By December 1, 2007, The Department of Transportation,
  680  in consultation with the state land planning agency and
  681  interested local governments, may designate a study area for
  682  conducting a pilot project to determine the benefits of and
  683  barriers to establishing a regional multimodal transportation
  684  concurrency district that extends over more than one local
  685  government jurisdiction. If designated:
  686         1. The study area must be in a county that has a population
  687  of at least 1,000 persons per square mile, be within an urban
  688  service area, and have the consent of the local governments
  689  within the study area. The Department of Transportation and the
  690  state land planning agency shall provide technical assistance.
  691         2. The local governments within the study area and the
  692  Department of Transportation, in consultation with the state
  693  land planning agency, shall cooperatively create a multimodal
  694  transportation plan that meets the requirements in of this
  695  section. The multimodal transportation plan must include viable
  696  local funding options and incorporate community design features,
  697  including a range of mixed land uses and densities and
  698  intensities, which will reduce the number of automobile trips or
  699  vehicle miles of travel while supporting an integrated,
  700  multimodal transportation system.
  701         3. In order to effectuate the multimodal transportation
  702  concurrency district, participating local governments may adopt
  703  appropriate comprehensive plan amendments.
  704         4. The Department of Transportation, in consultation with
  705  the state land planning agency, shall submit a report by March
  706  1, 2009, to the Governor, the President of the Senate, and the
  707  Speaker of the House of Representatives on the status of the
  708  pilot project. The report must identify any factors that support
  709  or limit the creation and success of a regional multimodal
  710  transportation district including intergovernmental
  711  coordination.
  712         (16) PROPORTIONATE FAIR-SHARE MITIGATION.—It is the intent
  713  of the Legislature to provide a method by which the impacts of
  714  development on transportation facilities can be mitigated by the
  715  cooperative efforts of the public and private sectors. The
  716  methodology used to calculate proportionate fair-share
  717  mitigation shall be calculated as follows: mitigation under this
  718  section shall be as provided for in subsection (12).
  719         (a)The determination of significantly affected roadways
  720  shall be based upon the cumulative number of trips from the
  721  previously approved stage or phase of development and the
  722  proposed new stage or phase of development expected to reach
  723  roadways during the peak hour at the complete buildout of a
  724  stage or phase being approved.
  725         (b)For significantly affected roadways, the developer’s
  726  proportionate fair-share mitigation shall be based solely upon
  727  the number of trips from the proposed new stage or phase being
  728  approved which would exceed the peak hour maximum service volume
  729  of the roadway at the adopted or existing level of service,
  730  whichever has the greater maximum service volume, divided by the
  731  change in the peak hour maximum service volume of the roadways
  732  resulting from the construction of an improvement necessary to
  733  maintain the adopted or existing level of service, whichever has
  734  the greater maximum service volume.
  735         (c)(a)By December 1, 2006, Each local government shall
  736  adopt by ordinance a methodology for assessing proportionate
  737  fair-share mitigation options consistent with this section. By
  738  December 1, 2005, the Department of Transportation shall develop
  739  a model transportation concurrency management ordinance with
  740  methodologies for assessing proportionate fair-share mitigation
  741  options.
  742         (d)(b)1. In its transportation concurrency management
  743  system, a local government shall, by December 1, 2006, include
  744  methodologies that will be applied to calculate proportionate
  745  fair-share mitigation. A developer may choose to satisfy all
  746  transportation concurrency requirements by contributing or
  747  paying proportionate fair-share mitigation if transportation
  748  facilities or facility segments identified as mitigation for
  749  traffic impacts are specifically identified for funding in the
  750  5-year schedule of capital improvements in the capital
  751  improvements element of the local plan or the long-term
  752  concurrency management system or if such contributions or
  753  payments to such facilities or segments are reflected in the 5
  754  year schedule of capital improvements in the next regularly
  755  scheduled update of the capital improvements element. Updates to
  756  the 5-year capital improvements element which reflect
  757  proportionate fair-share contributions may not be found not in
  758  compliance based on ss. 163.3164(32) and 163.3177(3) if
  759  additional contributions, payments or funding sources are
  760  reasonably anticipated during a period not to exceed 10 years to
  761  fully mitigate impacts on the transportation facilities.
  762         2. Proportionate fair-share mitigation shall be applied as
  763  a credit against all transportation impact fees or any exactions
  764  assessed for the traffic impacts of a development to the extent
  765  that all or a portion of the proportionate fair-share mitigation
  766  is used to address the same capital infrastructure improvements
  767  contemplated by the local government's impact fee ordinance.
  768         (e)(c) Proportionate fair-share mitigation includes,
  769  without limitation, separately or collectively, private funds,
  770  contributions of land, or and construction and contribution of
  771  facilities and may include public funds as determined by the
  772  local government. Proportionate fair-share mitigation may be
  773  directed toward one or more specific transportation improvements
  774  reasonably related to the mobility demands created by the
  775  development and such improvements may address one or more modes
  776  of travel. The fair market value of the proportionate fair-share
  777  mitigation may shall not differ based on the form of mitigation.
  778  A local government may not require a development to pay more
  779  than its proportionate fair-share contribution regardless of the
  780  method of mitigation. Proportionate fair-share mitigation shall
  781  be limited to ensure that a development meeting the requirements
  782  of this section mitigates its impact on the transportation
  783  system but is not responsible for the additional cost of
  784  reducing or eliminating backlogs.
  785         (f)(d) This subsection does not require a local government
  786  to approve a development that is not otherwise qualified for
  787  approval pursuant to the applicable local comprehensive plan and
  788  land development regulations; however, a development that
  789  satisfies the requirements of s. 163.3180 shall not be denied on
  790  the basis of a failure to mitigate its transportation impacts
  791  under the local comprehensive plan or land development
  792  regulations. This paragraph does not limit a local government
  793  from imposing lawfully adopted transportation impact fees.
  794         (g)(e) Mitigation for development impacts to facilities on
  795  the Strategic Intermodal System made pursuant to this subsection
  796  requires the concurrence of the Department of Transportation.
  797         (h)(f) If the funds in an adopted 5-year capital
  798  improvements element are insufficient to fully fund construction
  799  of a transportation improvement required by the local
  800  government's concurrency management system, a local government
  801  and a developer may still enter into a binding proportionate
  802  share agreement authorizing the developer to construct that
  803  amount of development on which the proportionate share is
  804  calculated if the proportionate-share amount in such agreement
  805  is sufficient to pay for one or more improvements which will, in
  806  the opinion of the governmental entity or entities maintaining
  807  the transportation facilities, significantly benefit the
  808  impacted transportation system. The improvements funded by the
  809  proportionate-share component must be adopted into the 5-year
  810  capital improvements schedule of the comprehensive plan at the
  811  next annual capital improvements element update. The funding of
  812  any improvements that significantly benefit the impacted
  813  transportation system satisfies concurrency requirements as a
  814  mitigation of the development's impact upon the overall
  815  transportation system even if there remains a failure of
  816  concurrency on other impacted facilities.
  817         (i)(g) Except as provided in subparagraph (d)1. (b)1., this
  818  section does may not prohibit the state land planning agency
  819  Department of Community Affairs from finding other portions of
  820  the capital improvements element amendments not in compliance as
  821  provided in this chapter.
  822         (j)(h)The provisions of This subsection does do not apply
  823  to a development of regional impact satisfying the requirements
  824  in of subsection (12).
  825         (k)A developer shall not be required to fund or construct
  826  proportionate share mitigation that is more extensive than
  827  mitigation necessary to offset the impact of the development
  828  project under review.
  829         (l)The payment for such improvements that significantly
  830  benefit the impacted transportation system satisfies concurrency
  831  requirements as a mitigation of the development’s stage or phase
  832  impacts upon the overall transportation system even if there
  833  remains a failure of concurrency on other impacted facilities.
  834         (m)As used in this subsection, the term:
  835         1.“Backlogged” or “backlogged transportation facility”
  836  means a facility on which the adopted level-of-service standard
  837  is exceeded by the existing trips, plus background trips,
  838  including transportation facilities that have exceeded their
  839  useful life.
  840         2.“Background trips” means forecasted trips from sources
  841  other than the development project under review. Forecasted
  842  trips shall be based on established traffic modeling standards.
  843         (18)INCENTIVES FOR CONTRIBUTIONS.—Landowners or
  844  developers, including landowners or developers of developments
  845  of regional impact, who propose a large-scale development of 500
  846  cumulative acres or more may satisfy all of the transportation
  847  concurrency requirements by contributing or paying proportionate
  848  share or proportionate fair-share mitigation. If such
  849  contribution is made, a local government shall:
  850         (a)Designate the traffic impacts for transportation
  851  facilities or facility segments as mitigated for funding in the
  852  5-year schedule of capital improvements in the capital
  853  improvements element of the local comprehensive plan or the
  854  long-term concurrency management system; or
  855         (b)Reflect that the traffic impacts for transportation
  856  facilities or facility segments are mitigated in the 5-year
  857  schedule of capital improvements in the next regularly scheduled
  858  update of the capital improvements element.
  859  Updates to the 5-year capital improvements element which reflect
  860  proportionate share or proportionate fair-share contributions
  861  are deemed compliant with s. 163.3164(32) or s. 163.3177(3) if
  862  additional contributions, payments, or funding sources are
  863  reasonably anticipated during a period not to exceed 10 years
  864  and would fully mitigate impacts on the transportation
  865  facilities and facility segments.
  866         Section 4. Subsection (2) of section 163.3182, Florida
  867  Statutes, is amended to read:
  868         163.3182 Transportation concurrency backlogs.—
  869         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
  870  AUTHORITIES.—
  871         (a) A county or municipality may create a transportation
  872  concurrency backlog authority if it has an identified
  873  transportation concurrency backlog.
  874         (b)No later than 2012, each local government that has an
  875  identified transportation concurrency backlog shall adopt one or
  876  more transportation concurrency backlog areas as part of its
  877  capital improvements element update to its financially feasible
  878  submission to the state land planning agency. On a biannual
  879  basis, the creation of additional areas shall be submitted to
  880  the state land planning agency until the local government has
  881  demonstrated by no later than 2027 that the backlog existing in
  882  2012 has been mitigated through construction or planned
  883  construction of the necessary transportation mobility
  884  improvements. If, because of economic conditions, the local
  885  government cannot meet the biannual requirements of the capital
  886  improvements update for new areas, it may request from the state
  887  land planning agency a one-time waiver of the requirement to
  888  file the biannual creation of new transportation concurrency
  889  backlog authority areas.
  890         (c)Landowners or developers within a large-scale
  891  development area of 500 cumulative acres or more may request the
  892  local government to create a transportation concurrency backlog
  893  area coterminous with the boundaries of the development area. If
  894  a development permit is issued or a comprehensive plan amendment
  895  is approved within the development area, the local government
  896  shall designate the transportation concurrency backlog area if
  897  the funding is sufficient to address one or more transportation
  898  capacity improvements necessary to satisfy the additional
  899  deficiencies coexisting or anticipated with the new development.
  900  The transportation concurrency backlog area shall be created by
  901  ordinance and shall be used to satisfy all fair share or
  902  proportionate fair-share transportation concurrency
  903  contributions of the development which are not otherwise
  904  satisfied by impact fees. The local government shall manage the
  905  area acting as a transportation concurrency backlog authority
  906  and all applicable provisions of this section apply, except that
  907  the tax increment shall be used to satisfy transportation
  908  concurrency requirements not otherwise satisfied by impact fees.
  909         (d)(b) Acting as the transportation concurrency backlog
  910  authority within the authority's jurisdictional boundary, the
  911  governing body of a county or municipality shall adopt and
  912  implement a plan to eliminate all identified transportation
  913  concurrency backlogs within the authority's jurisdiction using
  914  funds provided pursuant to subsection (5) and as otherwise
  915  provided pursuant to this section.
  916         (e)Notwithstanding any general law, special act, or
  917  ordinance to the contrary, a local government shall not require
  918  any payments for transportation concurrency beyond a subject
  919  development’s traffic impacts as identified pursuant to impact
  920  fees or s. 163.3180(12) or (16) nor shall a condition of a
  921  development order or permit require such payments. If payments
  922  required to satisfy a development’s share of transportation
  923  concurrency costs do not mitigate all traffic impacts of the
  924  planned development area because of existing or future backlog
  925  conditions, the landowner or developer shall be entitled to
  926  petition the local government for designation of a
  927  transportation concurrency backlog area pursuant to this
  928  section, which shall satisfy any remaining concurrency backlog
  929  requirements in the impacted area.
  930         Section 5. Paragraph (a) of subsection (7) of section
  931  380.06, Florida Statutes, is amended to read:
  932         380.06 Developments of regional impact.—
  933         (7) PREAPPLICATION PROCEDURES.—
  934         (a) Before filing an application for development approval,
  935  the developer shall contact the regional planning agency having
  936  with jurisdiction over the proposed development to arrange a
  937  preapplication conference. Upon the request of the developer or
  938  the regional planning agency, other affected state and regional
  939  agencies shall participate in the this conference and shall
  940  identify the types of permits issued by the agencies, the level
  941  of information required, and the permit issuance procedures as
  942  applied to the proposed development. The levels of service
  943  required in the transportation methodology must be the same
  944  levels of service used to evaluate concurrency and proportionate
  945  share pursuant to s. 163.3180. The regional planning agency
  946  shall provide the developer information to the developer
  947  regarding about the development-of-regional-impact process and
  948  the use of preapplication conferences to identify issues,
  949  coordinate appropriate state and local agency requirements, and
  950  otherwise promote a proper and efficient review of the proposed
  951  development. If an agreement is reached regarding assumptions
  952  and methodology to be used in the application for development
  953  approval, the reviewing agencies may not subsequently object to
  954  those assumptions and methodologies, unless subsequent changes
  955  to the project or information obtained during the review make
  956  those assumptions and methodologies inappropriate.
  957         Section 6. Transportation mobility fee.—
  958         (1)The Legislature finds that the existing transportation
  959  concurrency system has not adequately addressed Florida’s
  960  transportation needs in an effective, predictable, and equitable
  961  manner and is not producing a sustainable transportation system
  962  for the state. The current system is complex, lacks uniformity
  963  among jurisdictions, is too focused on roadways to the detriment
  964  of desired land use patterns and transportation alternatives,
  965  results in unjustified financial inequities between comparable
  966  applicants, and frequently prevents the attainment of important
  967  growth management goals. Therefore, the Legislature has
  968  determined that the state shall evaluate and, as deemed
  969  feasible, implement a different adequate public facility
  970  requirement for transportation which would utilize a mobility
  971  fee based either on net external trip volume generated or
  972  vehicle and people miles traveled. The mobility fee shall be
  973  designed to provide for mobility needs, ensure that development
  974  provides mitigation for its impacts on the transportation system
  975  in approximate proportionality to those impacts, fairly
  976  distribute financial burdens among all applicants for
  977  development permits, and promote compact, mixed-use, and energy
  978  efficient development. Therefore, the Legislature directs the
  979  Department of Community Affairs and the Department of
  980  Transportation, both of whom are currently performing
  981  independent mobility fee studies, to coordinate and use those
  982  studies in developing a methodology for a mobility fee system as
  983  follows:
  984         (a)The uniform mobility fee methodology for statewide
  985  application shall replace the existing transportation
  986  concurrency management systems adopted and implemented by local
  987  governments. The independent, yet coordinated, studies shall
  988  focus upon developing a methodology as follows:
  989         1.The amount, distribution, and timing of vehicular and
  990  people miles traveled shall be determined by applying
  991  professionally accepted standards and practices in the
  992  disciplines of land use and transportation planning, including
  993  requirements of constitutional and statutory law;
  994         2.The development of an equitable mobility fee which
  995  provides funding for future mobility needs whereby new
  996  development mitigates in approximate proportionality for its
  997  impacts on the transportation system, yet is not delayed or held
  998  accountable for system backlogs or failures that are not
  999  directly attributable to the proposed development;
 1000         3.The replacement of transportation financial feasibility
 1001  obligations, proportionate share contributions for developments
 1002  of regional impacts, proportionate fair-share contributions, and
 1003  locally adopted transportation impact fees, with the mobility
 1004  fee such that a single transportation fee, whether based on
 1005  number of trips or vehicle miles traveled, may be applied
 1006  uniformly on a statewide basis by application of the mobility
 1007  fee formula developed by these studies;
 1008         4.Applicability of the mobility fee on a statewide or more
 1009  limited geographic basis and, if the latter, the preferred
 1010  methodology in lieu of the existing concurrency or impact fee
 1011  system for equitably mitigating transportation impacts from new
 1012  development in those geographic areas where the mobility fee is
 1013  not recommended;
 1014         5.The ability for developer contributions of land for
 1015  right-of-way or developer-funded improvements to the
 1016  transportation network, to be recognized as credits against the
 1017  mobility fee via mutually acceptable agreements reached with the
 1018  impacted jurisdiction; and
 1019         6.An equitable methodology for distribution of the
 1020  mobility fee proceeds among those jurisdictions responsible for
 1021  construction and maintenance of the impacted roadways, such that
 1022  100 percent of the collected mobility fees are utilized for
 1023  improvements to the overall transportation network of the
 1024  impacted jurisdiction.
 1025         (b)No later than February 15, 2010, the Secretary of
 1026  Community Affairs and the Secretary of Transportation shall
 1027  provide an interim joint report to the President of the Senate
 1028  and the Speaker of the House of Representatives which contains
 1029  the status of the mobility fee methodology study. A second
 1030  interim joint report shall be provided on or before February 15,
 1031  2011. On or before December 1, 2010, the Department of Community
 1032  Affairs, with input from the Department of Transportation, shall
 1033  develop and submit to the Legislature proposed amendments to
 1034  chapter 9J-5, Florida Administrative Code, incorporating the
 1035  mobility fee methodology developed from the studies. The 2011
 1036  Legislature shall consider the amendments and approve as
 1037  submitted, approve with revisions, or reject. If approved as
 1038  submitted, the amendments shall go into effect on July 1, 2011.
 1039  If approved with revisions, the Department of Community Affairs
 1040  shall adopt the amendments as revised such that they will become
 1041  effective not later than July 1, 2011. The Legislature declares
 1042  that changes made to chapter 9J-5, Florida Administrative Code,
 1043  pursuant to this paragraph shall not be subject to rule
 1044  challenges under s. 120.56(2), Florida Statutes, or to drawout
 1045  proceedings under s. 120.54(3)(c)2., Florida Statutes.
 1046         (2)In order to facilitate the replacement of the current
 1047  dysfunctional transportation concurrency system, the Legislature
 1048  directs that s. 163.3180, Florida Statutes, relating to
 1049  transportation, be repealed effective October 1, 2012, unless
 1050  the amendments to chapter 9J-5, Florida Administrative Code, are
 1051  rejected and s. 163.3180, Florida Statutes, is reenacted by the
 1052  Legislature.
 1053         Section 7. The Legislature directs the Department of
 1054  Transportation to establish an approved transportation
 1055  methodology which recognizes that a planned, sustainable, or
 1056  self-sufficient development area will likely achieve a community
 1057  internal capture rate in excess of 30 percent when fully
 1058  developed. A sustainable or self-sufficient development area
 1059  consists of 500 acres or more of large-scale developments
 1060  individually or collectively designed to achieve self
 1061  containment by providing a balance of land uses to fulfill a
 1062  majority of the community’s needs. The adopted transportation
 1063  methodology shall use a regional transportation model that
 1064  incorporates professionally accepted modeling techniques
 1065  applicable to well-planned, sustainable communities of the size,
 1066  location, mix of uses, and design features consistent with such
 1067  communities. The adopted transportation methodology shall serve
 1068  as the basis for sustainable or self-sufficient development’s
 1069  traffic impact assessments by the department. The methodology
 1070  review must be completed and in use no later than July 1, 2009.
 1071         Section 8. This act shall take effect July 1, 2009.