Florida Senate - 2009 CS for CS for SB 1306
By the Committees on Transportation; and Community Affairs; and
Senator Bennett
596-04986-09 20091306c2
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3164, F.S.; revising definitions; providing a
4 definition for the term “dense urban land area”;
5 amending s. 163.3177, F.S.; conforming a cross
6 reference; providing that a local government’s
7 comprehensive plan or plan amendments for land uses
8 within a transportation concurrency exception area
9 meets the level-of-service standards for
10 transportation; clarifying that each future land use
11 category be defined in terms of uses included rather
12 than numerical caps; revising the bases for the future
13 land use plan; amending s. 163.3180, F.S.; revising
14 concurrency requirements; providing legislative
15 findings relating to transportation concurrency
16 exception areas; providing for the applicability of
17 transportation concurrency exception areas; deleting
18 certain requirements for transportation concurrency
19 exception areas; providing that the designation of a
20 transportation concurrency exception area does not
21 limit a local government’s ability to provide
22 mitigation for transportation impacts within the
23 exception area by imposing lawfully adopted impact
24 fees; providing that any contract or agreement entered
25 into or development order rendered before the creation
26 of a transportation concurrency exception area is not
27 affected; requiring that the Office of Program Policy
28 Analysis and Government Accountability submit a report
29 to the Legislature concerning the effects of the
30 transportation concurrency exception areas; providing
31 for an exemption from level-of-service standards for
32 proposed developments related to qualified job
33 creation projects; clarifying the calculation of the
34 proportionate-share contribution for local and
35 regionally significant traffic impacts which is paid
36 by a development of regional impact for the purpose of
37 satisfying certain concurrency requirements; defining
38 the term “backlog”; prohibiting a local government
39 from denying an application for a comprehensive plan
40 amendment or residential rezoning for a development or
41 phase authorizing residential redevelopment for
42 failure to achieve and maintain the level-of-service
43 standard for public school capacity; providing that
44 the construction of a charter school that meets
45 certain requirements is an appropriate mitigation
46 option; requiring that the district school boards
47 monitor and inspect charter school facilities to
48 ensure compliance with the life safety requirements of
49 the State Requirements for Educational Facilities;
50 authorizing the district school boards to waive such
51 standards; prohibiting a local government from denying
52 or imposing conditions upon a development permit or
53 comprehensive plan amendment because of inadequate
54 school capacity under certain circumstances; creating
55 s. 163.31802, F.S.; prohibiting local governments from
56 establishing standards for security devices that
57 require businesses to enhance certain functions or
58 services provided by local government; providing an
59 exception; amending s. 163.3182, F.S.; revising
60 provisions relating to transportation concurrency
61 backlog authorities; requiring that a local government
62 adopt one or more transportation concurrency backlog
63 areas as part its capital improvements element update;
64 requiring that a local government biannually submit
65 new areas to the state land planning agency until
66 certain conditions are met; providing an exception;
67 providing for certain landowners or developers to
68 request a transportation concurrency backlog area for
69 a development area; prohibiting a local government
70 from requiring payments for transportation concurrency
71 which exceed the costs of mitigating traffic impacts;
72 amending s. 380.06, F.S.; revising provisions relating
73 to preapplication procedures for development approval;
74 requiring that the level-of-service standards required
75 in the transportation methodology be the same as the
76 standards used to evaluate concurrency and
77 proportionate share; amending s. 403.973, F.S.;
78 providing legislative intent; providing certain
79 criteria for regional centers for clean technology
80 projects to receive expedited permitting; providing
81 regulatory incentives for projects that meet such
82 criteria; authorizing the Office of Tourism, Trade,
83 and Economic Development within the Executive Office
84 of the Governor to certify and decertify such
85 projects; authorizing the office to create regional
86 permit action teams; providing for a transportation
87 mobility fee; providing legislative findings and
88 determinations; requiring that the state land planning
89 agency and the Department of Transportation continue
90 their independent mobility fee studies; requiring that
91 the state land planning agency and the department
92 submit joint reports to the Legislature by a specified
93 date; requiring that the department establish an
94 approved transportation methodology that meets certain
95 criteria; requiring that the adopted methodology use a
96 regional transportation model; requiring that the
97 methodology review be completed and in use by a
98 specified date; providing for an extension and renewal
99 of certain permits, development orders, or other land
100 use approvals; providing for retroactive application
101 of the extension and renewal; providing exceptions;
102 providing an effective date.
103
104 Be It Enacted by the Legislature of the State of Florida:
105
106 Section 1. Subsections (29) and (32) of section 163.3164,
107 Florida Statutes, are amended, and subsection (34) is added to
108 that section, to read:
109 163.3164 Local Government Comprehensive Planning and Land
110 Development Regulation Act; definitions.—As used in this act:
111 (29) “Existing Urban service area” means built-up areas
112 where public facilities and services, including, but not limited
113 to, central water and sewer such as sewage treatment systems,
114 roads, schools, and recreation areas are already in place. In
115 addition, for a county that qualifies as a dense urban land area
116 under subsection (34), the nonrural area of a county which has
117 adopted into the county charter a Rural Area designation or
118 areas identified in the comprehensive plan as urban service
119 areas or urban growth boundaries on or before July, 1, 2009, are
120 also urban service areas under this definition.
121 (32) “Financial feasibility” means that sufficient revenues
122 are currently available or will be available from committed
123 funding sources for the first 3 years, or will be available from
124 committed or planned funding sources for years 4 and 5, of a 5
125 year capital improvement schedule for financing capital
126 improvements, including such as ad valorem taxes, bonds, state
127 and federal funds, tax revenues, impact fees, and developer
128 contributions, which are adequate to fund the projected costs of
129 the capital improvements identified in the comprehensive plan
130 and necessary to ensure that adopted level-of-service standards
131 are achieved and maintained within the period covered by the 5
132 year schedule of capital improvements. A comprehensive plan or
133 comprehensive plan amendment shall be deemed financially
134 feasible for transportation and school facilities throughout the
135 planning period addressed by the capital improvements schedule
136 if it can be demonstrated that the level-of-service standards
137 will be achieved and maintained by the end of the planning
138 period even if in a particular year such improvements are not
139 concurrent as required by s. 163.3180. A comprehensive plan
140 shall be deemed financially feasible for school facilities
141 throughout the planning period addressed by the capital
142 improvements schedule if it can be demonstrated that the level
143 of-service standards will be achieved and maintained by the end
144 of the planning period, even if in a particular year such
145 improvements are not concurrent as required in s. 163.3180.
146 (34) “Dense urban land area” means:
147 (a) A municipality that has an average of at least 1,000
148 people per square mile of area and a minimum total population of
149 at least 5,000;
150 (b) A county, including the municipalities located
151 therein,which has an average of at least 1,000 people per square
152 mile of land area; or
153 (c) A county, including the municipalities located therein,
154 which has a population of at least 1 million.
155
156 The Office of Economic and Demographic Research within the
157 Legislature shall annually calculate the population and density
158 criteria needed to determine which jurisdictions qualify as
159 dense urban land areas by using the most recent land area data
160 from the decennial census conducted by the Bureau of the Census
161 of the United States Department of Commerce and the latest
162 available population estimates determined pursuant to s.
163 186.901. If any local government has had an annexation,
164 contraction, or new incorporation, the Office of Economic and
165 Demographic Research shall determine the population density
166 using the new jurisdictional boundaries as recorded in
167 accordance with s. 171.091. The Office of Economic and
168 Demographic Research shall submit to the state land planning
169 agency a list of jurisdictions that meet the total population
170 and density criteria necessary for designation as a dense urban
171 land area by July 1, 2009, and every year thereafter. The state
172 land planning agency shall publish the list of jurisdictions on
173 its Internet website within 7 days after the list is received.
174 The designation of a jurisdiction that qualifies or does not
175 qualify as a dense urban land area is effective upon publication
176 on the state land planning agency’s Internet website.
177 Section 2. Paragraph (e) of subsection (3) of section
178 163.3177, Florida Statutes, is amended, paragraph (f) is added
179 to that subsection, and paragraph (a) of subsection (6) of that
180 section is amended, to read:
181 163.3177 Required and optional elements of comprehensive
182 plan; studies and surveys.—
183 (3)(e) At the discretion of the local government and
184 notwithstanding the requirements in of this subsection, a
185 comprehensive plan, as revised by an amendment to the plan’s
186 future land use map, shall be deemed to be financially feasible
187 and to have achieved and maintained level-of-service standards
188 as required in by this section with respect to transportation
189 facilities if the amendment to the future land use map is
190 supported by a:
191 1. Condition in a development order for a development of
192 regional impact or binding agreement that addresses
193 proportionate-share mitigation consistent with s. 163.3180(12);
194 or
195 2. Binding agreement addressing proportionate fair-share
196 mitigation consistent with s. 163.3180(16)(g) s. 163.3180(16)(f)
197 and the property subject to the amendment to the future land use
198 map is located within an area designated in a comprehensive plan
199 for urban infill, urban redevelopment, downtown revitalization,
200 urban infill and redevelopment, or an urban service area. The
201 binding agreement must be based on the maximum amount of
202 development identified by the future land use map amendment or
203 as may be otherwise restricted through a special area plan
204 policy or map notation in the comprehensive plan.
205 (f) A local government’s comprehensive plan and plan
206 amendments for land uses within all transportation concurrency
207 exception areas that are designated and maintained in accordance
208 with s. 163.3180(5) shall be deemed to meet the requirement in
209 this section to achieve and maintain level-of-service standards
210 for transportation.
211 (6) In addition to the requirements of subsections (1)-(5)
212 and (12), the comprehensive plan shall include the following
213 elements:
214 (a) A future land use plan element designating proposed
215 future general distribution, location, and extent of the uses of
216 land for residential uses, commercial uses, industry,
217 agriculture, recreation, conservation, education, public
218 buildings and grounds, other public facilities, and other
219 categories of the public and private uses of land. Counties are
220 encouraged to designate rural land stewardship areas, pursuant
221 to the provisions of paragraph (11)(d), as overlays on the
222 future land use map. Each future land use category must be
223 defined in terms of uses included, rather than numerical caps,
224 and must include standards to be followed in the control and
225 distribution of population densities and building and structure
226 intensities. The proposed distribution, location, and extent of
227 the various categories of land use shall be shown on a land use
228 map or map series which shall be supplemented by goals,
229 policies, and measurable objectives. The future land use plan
230 shall be based upon surveys, studies, and data regarding the
231 area, including the amount of land required to accommodate
232 anticipated growth; the projected population of the area; the
233 character of undeveloped land; the factors limiting development,
234 critical habitat designations, as well as other applicable
235 environmental protections, and local building restrictions
236 incorporated into the comprehensive plan or land development
237 code; the availability of water supplies, public facilities, and
238 services; the need for redevelopment, including the renewal of
239 blighted areas and the elimination of nonconforming uses which
240 are inconsistent with the character of the community; the
241 compatibility of uses on lands adjacent to or closely proximate
242 to military installations; the discouragement of urban sprawl;
243 energy-efficient land use patterns accounting for existing and
244 future electric power generation and transmission systems;
245 greenhouse gas reduction strategies; and, in rural communities,
246 the need for job creation, capital investment, and economic
247 development that will strengthen and diversify the community’s
248 economy. The future land use plan may designate areas for future
249 planned development use involving combinations of types of uses
250 for which special regulations may be necessary to ensure
251 development in accord with the principles and standards of the
252 comprehensive plan and this act. The future land use plan
253 element shall include criteria to be used to achieve the
254 compatibility of adjacent or closely proximate lands with
255 military installations. In addition, for rural communities, the
256 amount of land designated for future planned industrial use
257 shall be based upon surveys and studies that reflect the need
258 for job creation, capital investment, and the necessity to
259 strengthen and diversify the local economies, and shall not be
260 limited solely by the projected population of the rural
261 community. The future land use plan of a county may also
262 designate areas for possible future municipal incorporation. The
263 land use maps or map series shall generally identify and depict
264 historic district boundaries and shall designate historically
265 significant properties meriting protection. For coastal
266 counties, the future land use element must include, without
267 limitation, regulatory incentives and criteria that encourage
268 the preservation of recreational and commercial working
269 waterfronts as defined in s. 342.07. The future land use element
270 must clearly identify the land use categories in which public
271 schools are an allowable use. When delineating the land use
272 categories in which public schools are an allowable use, a local
273 government shall include in the categories sufficient land
274 proximate to residential development to meet the projected needs
275 for schools in coordination with public school boards and may
276 establish differing criteria for schools of different type or
277 size. Each local government shall include lands contiguous to
278 existing school sites, to the maximum extent possible, within
279 the land use categories in which public schools are an allowable
280 use. The failure by a local government to comply with these
281 school siting requirements will result in the prohibition of the
282 local government’s ability to amend the local comprehensive
283 plan, except for plan amendments described in s. 163.3187(1)(b),
284 until the school siting requirements are met. Amendments
285 proposed by a local government for purposes of identifying the
286 land use categories in which public schools are an allowable use
287 are exempt from the limitation on the frequency of plan
288 amendments contained in s. 163.3187. The future land use element
289 shall include criteria that encourage the location of schools
290 proximate to urban residential areas to the extent possible and
291 shall require that the local government seek to collocate public
292 facilities, such as parks, libraries, and community centers,
293 with schools to the extent possible and to encourage the use of
294 elementary schools as focal points for neighborhoods. For
295 schools serving predominantly rural counties, defined as a
296 county with a population of 100,000 or fewer, an agricultural
297 land use category shall be eligible for the location of public
298 school facilities if the local comprehensive plan contains
299 school siting criteria and the location is consistent with such
300 criteria. Local governments required to update or amend their
301 comprehensive plan to include criteria and address compatibility
302 of adjacent or closely proximate lands with existing military
303 installations in their future land use plan element shall
304 transmit the update or amendment to the department by June 30,
305 2006.
306 Section 3. Section 163.3180, Florida Statutes, is amended
307 to read:
308 163.3180 Concurrency.—
309 (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.—
310 (a) Public facility types.—Sanitary sewer, solid waste,
311 drainage, potable water, parks and recreation, schools, and
312 transportation facilities, including mass transit, where
313 applicable, are the only public facilities and services subject
314 to the concurrency requirement on a statewide basis. Additional
315 public facilities and services are may not be made subject to
316 concurrency on a statewide basis without appropriate study and
317 approval by the Legislature; however, any local government may
318 extend the concurrency requirement so that it applies to apply
319 to additional public facilities within its jurisdiction.
320 (b) Transportation methodologies.—Local governments shall
321 use professionally accepted techniques for measuring level of
322 service for automobiles, bicycles, pedestrians, transit, and
323 trucks. These techniques may be used to evaluate increased
324 accessibility by multiple modes and reductions in vehicle miles
325 of travel in an area or zone. The state land planning agency and
326 the Department of Transportation shall develop methodologies to
327 assist local governments in implementing this multimodal level
328 of-service analysis and. The Department of Community Affairs and
329 the Department of Transportation shall provide technical
330 assistance to local governments in applying the these
331 methodologies.
332 (2) PUBLIC FACILITY AVAILABILITY STANDARDS.—
333 (a) Sanitary sewer, solid waste, drainage, adequate water
334 supply, and potable water facilities.—Consistent with public
335 health and safety, sanitary sewer, solid waste, drainage,
336 adequate water supplies, and potable water facilities shall be
337 in place and available to serve new development no later than
338 the date on which issuance by the local government issues of a
339 certificate of occupancy or its functional equivalent. Before
340 approving Prior to approval of a building permit or its
341 functional equivalent, the local government shall consult with
342 the applicable water supplier to determine whether adequate
343 water supplies to serve the new development will be available by
344 no later than the anticipated date of issuance by the local
345 government of the a certificate of occupancy or its functional
346 equivalent. A local government may meet the concurrency
347 requirement for sanitary sewer through the use of onsite sewage
348 treatment and disposal systems approved by the Department of
349 Health to serve new development.
350 (b) Parks and recreation facilities.—Consistent with the
351 public welfare, and except as otherwise provided in this
352 section, parks and recreation facilities to serve new
353 development shall be in place or under actual construction
354 within no later than 1 year after issuance by the local
355 government issues of a certificate of occupancy or its
356 functional equivalent. However, the acreage for such facilities
357 must shall be dedicated or be acquired by the local government
358 before it issues prior to issuance by the local government of
359 the a certificate of occupancy or its functional equivalent, or
360 funds in the amount of the developer’s fair share shall be
361 committed no later than the date on which the local government
362 approves commencement of government’s approval to commence
363 construction.
364 (c) Transportation facilities.—Consistent with the public
365 welfare, and except as otherwise provided in this section,
366 transportation facilities needed to serve new development must
367 shall be in place or under actual construction within 3 years
368 after the local government approves a building permit or its
369 functional equivalent that results in traffic generation.
370 (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.—Governmental
371 entities that are not responsible for providing, financing,
372 operating, or regulating public facilities needed to serve
373 development may not establish binding level-of-service standards
374 to apply to on governmental entities that do bear those
375 responsibilities. This subsection does not limit the authority
376 of any agency to recommend or make objections, recommendations,
377 comments, or determinations during reviews conducted under s.
378 163.3184.
379 (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.—
380 (a) State and other public facilities.—The concurrency
381 requirement as implemented in local comprehensive plans applies
382 to state and other public facilities and development to the same
383 extent that it applies to all other facilities and development,
384 as provided by law.
385 (b) Public transit facilities.—The concurrency requirement
386 as implemented in local comprehensive plans does not apply to
387 public transit facilities. For the purposes of this paragraph,
388 public transit facilities include transit stations and
389 terminals; transit station parking; park-and-ride lots;
390 intermodal public transit connection or transfer facilities;
391 fixed bus, guideway, and rail stations; and airport passenger
392 terminals and concourses, air cargo facilities, and hangars for
393 the maintenance or storage of aircraft. As used in this
394 paragraph, the terms “terminals” and “transit facilities” do not
395 include seaports or commercial or residential development
396 constructed in conjunction with a public transit facility.
397 (c) Infill and redevelopment areas.—The concurrency
398 requirement, except as it relates to transportation facilities
399 and public schools, as implemented in local government
400 comprehensive plans, may be waived by a local government for
401 urban infill and redevelopment areas designated pursuant to s.
402 163.2517 if such a waiver does not endanger public health or
403 safety as defined by the local government in the its local
404 government’s government comprehensive plan. The waiver must
405 shall be adopted as a plan amendment using pursuant to the
406 process set forth in s. 163.3187(3)(a). A local government may
407 grant a concurrency exception pursuant to subsection (5) for
408 transportation facilities located within these urban infill and
409 redevelopment areas. Affordable housing developments that serve
410 residents who have incomes at or below 60 percent of the area
411 median income and are proposed to be located on arterial
412 roadways that have public transit available are exempt from
413 transportation concurrency requirements.
414 (5) COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.—
415 (a) The Legislature finds that under limited circumstances
416 dealing with transportation facilities, countervailing planning
417 and public policy goals may come into conflict with the
418 requirement that adequate public transportation facilities and
419 services be available concurrent with the impacts of such
420 development. The Legislature further finds that often the
421 unintended result of the concurrency requirement for
422 transportation facilities is often the discouragement of urban
423 infill development and redevelopment. Such unintended results
424 directly conflict with the goals and policies of the state
425 comprehensive plan and the intent of this part. The Legislature
426 also finds that in urban centers, transportation cannot be
427 effectively managed and mobility cannot be improved solely
428 through the expansion of roadway capacity, that the expansion of
429 roadway capacity is not always physically or financially
430 possible, and that a range of transportation alternatives are
431 essential to satisfy mobility needs, reduce congestion, and
432 achieve healthy, vibrant centers. Therefore, exceptions from the
433 concurrency requirement for transportation facilities may be
434 granted as provided by this subsection.
435 (b)1. The following are transportation concurrency
436 exception areas:
437 a. A municipality that qualifies as a dense urban land area
438 under s. 163.3164(34);
439 b. An urban service area under s. 163.3164(29) which has
440 been adopted into the local comprehensive plan and is located
441 within a county that qualifies as a dense urban land area under
442 s. 163.3164(34), except that a limited urban service area is not
443 included as an urban service area unless the parcel is defined
444 as in s. 163.3164(33); and
445 c. A county, including the municipalities located therein,
446 which has a population of at least 900,000 and qualifies as a
447 dense urban land area under s. 163.3164(34), but does not have
448 an urban service area designated in the local comprehensive
449 plan.
450 2. A municipality that does not qualify as a dense urban
451 land area pursuant to s. 163.3164(34) may designate in its local
452 comprehensive plan the following areas as transportation
453 concurrency exception areas:
454 a. Urban infill as defined in s. 163.3164(27);
455 b. Community redevelopment areas as defined in s.
456 163.340(10);
457 c. Downtown revitalization areas as defined in s.
458 163.3164(25);
459 d. Urban infill and redevelopment areas under s. 163.2517;
460 or
461 e. Urban service areas as defined in s. 163.3164(29) or
462 areas within a designated urban service boundary under s.
463 163.3177(14).
464 3. A county that does not qualify as a dense urban land
465 area pursuant to s. 163.3164(34) may designate in its local
466 comprehensive plan the following areas as transportation
467 concurrency exception areas:
468 a. Urban infill as defined in s. 163.3164(27);
469 b. Urban infill and redevelopment areas under s. 163.2517;
470 or
471 c. Urban service areas as defined in s. 163.3164(29).
472 4. A local government that has a transportation concurrency
473 exception area designated pursuant to subparagraph 1.,
474 subparagraph 2., or subparagraph 3. must, within 2 years after
475 the designated area becomes exempt, adopt into its local
476 comprehensive plan land use and transportation strategies to
477 support and fund mobility within the exception area, including
478 alternative modes of transportation. Local governments are
479 encouraged to adopt complementary land use and transportation
480 strategies that reflect the region’s shared vision for its
481 future. If the state land planning agency finds insufficient
482 cause for the failure to adopt into its comprehensive plan land
483 use and transportation strategies to support and fund mobility
484 within the designated exception area after 2 years, it shall
485 submit the finding to the Administration Commission, which may
486 impose any of the sanctions set forth in s. 163.3184(11)(a) and
487 (b) against the local government.
488 5. Transportation concurrency exception areas designated
489 under subparagraph 1., subparagraph 2., or subparagraph 3. do
490 not apply to designated transportation concurrency districts
491 located within a county that has a population of at least 1.5
492 million, has implemented and uses a transportation-related
493 concurrency assessment to support alternative modes of
494 transportation, including, but not limited to, mass transit, and
495 does not levy transportation impact fees within the concurrency
496 district. This paragraph does not apply to any county that has
497 exempted more than 40 percent of the area inside the urban
498 service area from transportation concurrency for the purpose of
499 encouraging urban infill and redevelopment.
500 6. A local government that does not have a transportation
501 concurrency exception area designated pursuant to subparagraph
502 1., subparagraph 2., or subparagraph 3. may grant an exception
503 from the concurrency requirement for transportation facilities
504 if the proposed development is otherwise consistent with the
505 adopted local government comprehensive plan and is a project
506 that promotes public transportation or is located within an area
507 designated in the comprehensive plan for:
508 a.1. Urban infill development;
509 b.2. Urban redevelopment;
510 c.3. Downtown revitalization;
511 d.4. Urban infill and redevelopment under s. 163.2517; or
512 e.5. An urban service area specifically designated as a
513 transportation concurrency exception area which includes lands
514 appropriate for compact, contiguous urban development, which
515 does not exceed the amount of land needed to accommodate the
516 projected population growth at densities consistent with the
517 adopted comprehensive plan within the 10-year planning period,
518 and which is served or is planned to be served with public
519 facilities and services as provided by the capital improvements
520 element.
521 (c) The Legislature also finds that developments located
522 within urban infill, urban redevelopment, existing urban
523 service, or downtown revitalization areas or areas designated as
524 urban infill and redevelopment areas under s. 163.2517, which
525 pose only special part-time demands on the transportation
526 system, are exempt should be excepted from the concurrency
527 requirement for transportation facilities. A special part-time
528 demand is one that does not have more than 200 scheduled events
529 during any calendar year and does not affect the 100 highest
530 traffic volume hours.
531 (d) Except for transportation concurrency exception areas
532 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
533 or subparagraph (b)3., the following requirements apply: A local
534 government shall establish guidelines in the comprehensive plan
535 for granting the exceptions authorized in paragraphs (b) and (c)
536 and subsections (7) and (15) which must be consistent with and
537 support a comprehensive strategy adopted in the plan to promote
538 the purpose of the exceptions.
539 1.(e) The local government shall both adopt into the
540 comprehensive plan and implement long-term strategies to support
541 and fund mobility within the designated exception area,
542 including alternative modes of transportation. The plan
543 amendment must also demonstrate how strategies will support the
544 purpose of the exception and how mobility within the designated
545 exception area will be provided.
546 2. In addition, The strategies must address urban design;
547 appropriate land use mixes, including intensity and density; and
548 network connectivity plans needed to promote urban infill,
549 redevelopment, or downtown revitalization. The comprehensive
550 plan amendment designating the concurrency exception area must
551 be accompanied by data and analysis justifying the size of the
552 area.
553 (e)(f) Before designating Prior to the designation of a
554 concurrency exception area pursuant to subparagraph (b)6., the
555 state land planning agency and the Department of Transportation
556 shall be consulted by the local government to assess the impact
557 that the proposed exception area is expected to have on the
558 adopted level-of-service standards established for regional
559 transportation facilities identified pursuant to s. 186.507,
560 including the Strategic Intermodal System facilities, as defined
561 in s. 339.64, and roadway facilities funded in accordance with
562 s. 339.2819. Further, the local government shall provide a plan
563 for the mitigation of, in consultation with the state land
564 planning agency and the Department of Transportation, develop a
565 plan to mitigate any impacts to the Strategic Intermodal System,
566 including, if appropriate, access management, parallel reliever
567 roads, transportation demand management, and other measures the
568 development of a long-term concurrency management system
569 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
570 may be available only within the specific geographic area of the
571 jurisdiction designated in the plan. Pursuant to s. 163.3184,
572 any affected person may challenge a plan amendment establishing
573 these guidelines and the areas within which an exception could
574 be granted.
575 (g) Transportation concurrency exception areas existing
576 prior to July 1, 2005, must, at a minimum, meet the provisions
577 of this section by July 1, 2006, or at the time of the
578 comprehensive plan update pursuant to the evaluation and
579 appraisal report, whichever occurs last.
580 (f) The designation of a transportation concurrency
581 exception area pursuant to this section does not limit a local
582 government’s ability to provide mitigation for transportation
583 impacts within the exception area by imposing lawfully adopted
584 impact fees. This subsection does not affect any contract or
585 agreement entered into or development order rendered before the
586 creation of the transportation concurrency exception area except
587 as provided in s. 380.115.
588 (g) The Office of Program Policy Analysis and Government
589 Accountability shall submit to the President of the Senate and
590 the Speaker of the House of Representatives by February 1, 2015,
591 a report on transportation concurrency exception areas created
592 pursuant to this subsection. At a minimum, the report shall
593 address the methods that local governments have used to
594 implement and fund transportation strategies to achieve the
595 purposes of designated transportation concurrency exception
596 areas and the effects of the strategies on mobility, congestion,
597 urban design, the density and intensity of land use mixes, and
598 network connectivity plans used to promote urban infill,
599 redevelopment, or downtown revitalization.
600 (6) DE MINIMIS IMPACT.—The Legislature finds that a de
601 minimis impact is consistent with this part. A de minimis impact
602 is an impact that does would not affect more than 1 percent of
603 the maximum volume at the adopted level of service of the
604 affected transportation facility as determined by the local
605 government. An No impact is not will be de minimis if the sum of
606 existing roadway volumes and the projected volumes from approved
607 projects on a transportation facility exceeds would exceed 110
608 percent of the maximum volume at the adopted level of service of
609 the affected transportation facility; provided however, the that
610 an impact of a single family home on an existing lot is will
611 constitute a de minimis impact on all roadways regardless of the
612 level of the deficiency of the roadway. Further, an no impact is
613 not will be de minimis if it exceeds would exceed the adopted
614 level-of-service standard of any affected designated hurricane
615 evacuation routes. Each local government shall maintain
616 sufficient records to ensure that the 110-percent criterion is
617 not exceeded. Each local government shall submit annually, with
618 its updated capital improvements element, a summary of the de
619 minimis records. If the state land planning agency determines
620 that the 110-percent criterion has been exceeded, the state land
621 planning agency shall notify the local government of the
622 exceedance and that no further de minimis exceptions for the
623 applicable roadway may be granted until such time as the volume
624 is reduced below the 110 percent. The local government shall
625 provide proof of this reduction to the state land planning
626 agency before issuing further de minimis exceptions.
627 (7) CONCURRENCY MANAGEMENT AREAS.—In order to promote urban
628 development and infill development and redevelopment, one or
629 more transportation concurrency management areas may be
630 designated in a local government comprehensive plan. A
631 transportation concurrency management area must be a compact
632 geographic area that has with an existing network of roads where
633 multiple, viable alternative travel paths or modes are available
634 for common trips. A local government may establish an areawide
635 level-of-service standard for such a transportation concurrency
636 management area based upon an analysis that provides for a
637 justification for the areawide level of service, how urban
638 infill development, infill, and or redevelopment will be
639 promoted, and how mobility will be accomplished within the
640 transportation concurrency management area. Before Prior to the
641 designation of a concurrency management area is designated, the
642 local government shall consult with the state land planning
643 agency and the Department of Transportation shall be consulted
644 by the local government to assess the impact that the proposed
645 concurrency management area is expected to have on the adopted
646 level-of-service standards established for Strategic Intermodal
647 System facilities, as defined in s. 339.64, and roadway
648 facilities funded in accordance with s. 339.2819. Further, the
649 local government shall, in cooperation with the state land
650 planning agency and the Department of Transportation, develop a
651 plan to mitigate any impacts to the Strategic Intermodal System,
652 including, if appropriate, the development of a long-term
653 concurrency management system pursuant to subsection (9) and s.
654 163.3177(3)(d). Transportation concurrency management areas
655 existing prior to July 1, 2005, shall meet, at a minimum, the
656 provisions of this section by July 1, 2006, or at the time of
657 the comprehensive plan update pursuant to the evaluation and
658 appraisal report, whichever occurs last. The state land planning
659 agency shall amend chapter 9J-5, Florida Administrative Code, to
660 be consistent with this subsection.
661 (8) URBAN REDEVELOPMENT.—When assessing the transportation
662 impacts of proposed urban redevelopment within an established
663 existing urban service area, 150 110 percent of the actual
664 transportation impact caused by the previously existing
665 development must be reserved for the redevelopment, even if the
666 previously existing development had has a lesser or nonexisting
667 impact pursuant to the calculations of the local government.
668 Redevelopment requiring less than 150 110 percent of the
669 previously existing capacity shall not be prohibited due to the
670 reduction of transportation levels of service below the adopted
671 standards. This does not preclude the appropriate assessment of
672 fees or accounting for the impacts within the concurrency
673 management system and capital improvements program of the
674 affected local government. This subsection paragraph does not
675 affect local government requirements for appropriate development
676 permits.
677 (9)(a) LONG-TERM CONCURRENCY MANAGEMENT.—Each local
678 government may adopt, as a part of its plan, long-term
679 transportation and school concurrency management systems that
680 have with a planning period of up to 10 years for specially
681 designated districts or areas where significant backlogs exist.
682 The plan may include interim level-of-service standards on
683 certain facilities and must shall rely on the local government’s
684 schedule of capital improvements for up to 10 years as a basis
685 for issuing development orders authorizing the that authorize
686 commencement of construction in the these designated districts
687 or areas. The concurrency management system must be designed to
688 correct existing deficiencies and set priorities for addressing
689 backlogged facilities. The concurrency management system must be
690 financially feasible and consistent with other portions of the
691 adopted local plan, including the future land use map.
692 (b) If a local government has a transportation or school
693 facility backlog for existing development which cannot be
694 adequately addressed in a 10-year plan, the state land planning
695 agency may allow the local government it to develop a plan and
696 long-term schedule of capital improvements covering up to 15
697 years for good and sufficient cause. The state land planning
698 agency’s determination must be, based on a general comparison
699 between the that local government and all other similarly
700 situated local jurisdictions, using the following factors: 1.
701 The extent of the backlog. 2. For roads, whether the backlog is
702 on local or state roads. 3. The cost of eliminating the backlog.
703 4. The local government’s tax and other revenue-raising efforts.
704 (c) The local government may issue approvals to commence
705 construction notwithstanding this section, consistent with and
706 in areas that are subject to a long-term concurrency management
707 system.
708 (d) If the local government adopts a long-term concurrency
709 management system, it must evaluate the system periodically. At
710 a minimum, the local government must assess its progress toward
711 improving levels of service within the long-term concurrency
712 management district or area in the evaluation and appraisal
713 report and determine any changes that are necessary to
714 accelerate progress in meeting acceptable levels of service.
715 (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.—With regard
716 to roadway facilities on the Strategic Intermodal System which
717 are designated in accordance with s. 339.63 ss. 339.61, 339.62,
718 339.63, and 339.64, the Florida Intrastate Highway System as
719 defined in s. 338.001, and roadway facilities funded in
720 accordance with s. 339.2819, local governments shall adopt the
721 level-of-service standard established by the Department of
722 Transportation by rule; however, if a project involves qualified
723 jobs created and certified by the Office of Tourism, Trade, and
724 Economic Development or if the project is a nonresidential
725 project located within an area designated by the Governor as a
726 rural area of critical economic concern under s. 288.0656(7),
727 the affected local government, after consulting with the
728 Department of Transportation, may adopt into its comprehensive
729 plan a lower level-of-service standard than the standard adopted
730 by the Department of Transportation. The lower level-of-service
731 standard applies only to a project certified by the Office of
732 Tourism, Trade, and Economic Development. For all other roads on
733 the State Highway System, local governments shall establish an
734 adequate level-of-service standard that need not be consistent
735 with any level-of-service standard established by the Department
736 of Transportation. In establishing adequate level-of-service
737 standards for any arterial roads, or collector roads as
738 appropriate, which traverse multiple jurisdictions, local
739 governments shall consider compatibility with the roadway
740 facility’s adopted level-of-service standards in adjacent
741 jurisdictions. Each local government within a county shall use a
742 professionally accepted methodology for measuring impacts on
743 transportation facilities for the purposes of implementing its
744 concurrency management system. Counties are encouraged to
745 coordinate with adjacent counties, and local governments within
746 a county are encouraged to coordinate, for the purpose of using
747 common methodologies for measuring impacts on transportation
748 facilities and for the purpose of implementing their concurrency
749 management systems.
750 (11) LIMITATION OF LIABILITY.—In order to limit a local
751 government’s the liability of local governments, the a local
752 government shall may allow a landowner to proceed with the
753 development of a specific parcel of land notwithstanding a
754 failure of the development to satisfy transportation
755 concurrency, if when all the following factors are shown to
756 exist:
757 (a) The local government having with jurisdiction over the
758 property has adopted a local comprehensive plan that is in
759 compliance.
760 (b) The proposed development is would be consistent with
761 the future land use designation for the specific property and
762 with pertinent portions of the adopted local plan, as determined
763 by the local government.
764 (c) The local plan includes a financially feasible capital
765 improvements element that provides for transportation facilities
766 adequate to serve the proposed development, and the local
767 government has not implemented that element.
768 (d) The local government has provided a means for assessing
769 by which the landowner for will be assessed a fair share of the
770 cost of providing the transportation facilities necessary to
771 serve the proposed development.
772 (e) The landowner has made a binding commitment to the
773 local government to pay the fair share of the cost of providing
774 the transportation facilities to serve the proposed development.
775 (12) PROPORTIONATE-SHARE CONTRIBUTION.—
776 (a) A development of regional impact satisfies may satisfy
777 the transportation concurrency requirements of the local
778 comprehensive plan, the local government’s concurrency
779 management system, and s. 380.06 by paying payment of a
780 proportionate-share contribution for local and regionally
781 significant traffic impacts, if:
782 1.(a) The development of regional impact which, based on
783 its location or mix of land uses, is designed to encourage
784 pedestrian or other nonautomotive modes of transportation;
785 2.(b) The proportionate-share contribution for local and
786 regionally significant traffic impacts is sufficient to pay for
787 one or more required mobility improvements that will benefit the
788 network of a regionally significant transportation facilities
789 facility;
790 3.(c) The owner and developer of the development of
791 regional impact pays or assures payment of the proportionate-
792 share contribution to the local government having jurisdiction
793 over the development of regional impact; and
794 4.(d) If The regionally significant transportation facility
795 to be constructed or improved is under the maintenance authority
796 of a governmental entity, as defined by s. 334.03(12)., other
797 than The local government having with jurisdiction over the
798 development of regional impact must, the developer is required
799 to enter into a binding and legally enforceable commitment to
800 transfer funds to the governmental entity having maintenance
801 authority or to otherwise assure construction or improvement of
802 the facility reasonably related to the mobility demands created
803 by the development.
804 (b) The proportionate-share contribution may be applied to
805 any transportation facility to satisfy the provisions of this
806 subsection and the local comprehensive plan. ,but, for the
807 purposes of this subsection, The amount of the proportionate
808 share contribution shall be calculated based upon the cumulative
809 number of trips from the proposed development expected to reach
810 roadways during the peak hour at from the complete buildout of a
811 stage or phase being approved, divided by the change in the peak
812 hour maximum service volume of the roadways resulting from the
813 construction of an improvement necessary to maintain the adopted
814 level of service, multiplied by the construction cost, at the
815 time of developer payment, of the improvement necessary to
816 maintain the adopted level of service. For purposes of this
817 paragraph subsection, the term “construction cost” includes all
818 associated costs of the improvement. Proportionate-share
819 mitigation shall be limited to ensure that a development of
820 regional impact meeting the requirements of this subsection
821 mitigates its impact on the transportation system but is not
822 responsible for the additional cost of reducing or eliminating
823 backlogs. For purposes of this paragraph, the term “backlog”
824 means a facility or facilities on which the adopted level-of
825 service standard is exceeded by the existing trips, plus
826 additional projected background trips from any source other than
827 the development project under review which are forecast by
828 established traffic standards, including traffic modeling, and
829 are consistent with the University of Florida Bureau of Economic
830 and Business Research medium population projections. Additional
831 projected background trips shall be coincident with the
832 particular stage or phase of development under review.
833 1. A developer may not be required to fund or construct
834 proportionate-share mitigation that is more extensive than
835 mitigation necessary to offset the impact of the development
836 project under review.
837 2. Proportionate-share mitigation shall be applied as a
838 credit against any transportation impact fees or exactions
839 assessed for the traffic impacts of a development.
840 3. Proportionate-share mitigation may be directed toward
841 one or more specific transportation improvements reasonably
842 related to the mobility demands created by the development and
843 such improvements may address one or more modes of
844 transportation.
845 4. The payment for such improvements that significantly
846 benefit the impacted transportation system satisfies concurrency
847 requirements as a mitigation of the development’s stage or phase
848 impacts upon the overall transportation system even if there
849 remains a failure of concurrency on other impacted facilities.
850 5. This subsection also applies to Florida Quality
851 Developments pursuant to s. 380.061 and to detailed specific
852 area plans implementing optional sector plans pursuant to s.
853 163.3245.
854 (13) SCHOOL CONCURRENCY.—School concurrency shall be
855 established on a districtwide basis and shall include all public
856 schools in the district and all portions of the district,
857 whether located in a municipality or an unincorporated area
858 unless exempt from the public school facilities element pursuant
859 to s. 163.3177(12). The application of school concurrency to
860 development shall be based upon the adopted comprehensive plan,
861 as amended. All local governments within a county, except as
862 provided in paragraph (f), shall adopt and transmit to the state
863 land planning agency the necessary plan amendments, along with
864 the interlocal agreement, for a compliance review pursuant to s.
865 163.3184(7) and (8). The minimum requirements for school
866 concurrency are the following:
867 (a) Public school facilities element.—A local government
868 shall adopt and transmit to the state land planning agency a
869 plan or plan amendment which includes a public school facilities
870 element which is consistent with the requirements of s.
871 163.3177(12) and which is determined to be in compliance as
872 defined in s. 163.3184(1)(b). All local government public school
873 facilities plan elements within a county must be consistent with
874 each other as well as the requirements of this part.
875 (b) Level-of-service standards.—The Legislature recognizes
876 that an essential requirement for a concurrency management
877 system is the level of service at which a public facility is
878 expected to operate.
879 1. Local governments and school boards imposing school
880 concurrency shall exercise authority in conjunction with each
881 other to establish jointly adequate level-of-service standards,
882 as defined in chapter 9J-5, Florida Administrative Code,
883 necessary to implement the adopted local government
884 comprehensive plan, based on data and analysis.
885 2. Public school level-of-service standards shall be
886 included and adopted into the capital improvements element of
887 the local comprehensive plan and shall apply districtwide to all
888 schools of the same type. Types of schools may include
889 elementary, middle, and high schools as well as special purpose
890 facilities such as magnet schools.
891 3. Local governments and school boards shall have the
892 option to utilize tiered level-of-service standards to allow
893 time to achieve an adequate and desirable level of service as
894 circumstances warrant.
895 (c) Service areas.—The Legislature recognizes that an
896 essential requirement for a concurrency system is a designation
897 of the area within which the level of service will be measured
898 when an application for a residential development permit is
899 reviewed for school concurrency purposes. This delineation is
900 also important for purposes of determining whether the local
901 government has a financially feasible public school capital
902 facilities program that will provide schools which will achieve
903 and maintain the adopted level-of-service standards.
904 1. In order to balance competing interests, preserve the
905 constitutional concept of uniformity, and avoid disruption of
906 existing educational and growth management processes, local
907 governments are encouraged to initially apply school concurrency
908 to development only on a districtwide basis so that a
909 concurrency determination for a specific development will be
910 based upon the availability of school capacity districtwide. To
911 ensure that development is coordinated with schools having
912 available capacity, within 5 years after adoption of school
913 concurrency, local governments shall apply school concurrency on
914 a less than districtwide basis, such as using school attendance
915 zones or concurrency service areas, as provided in subparagraph
916 2.
917 2. For local governments applying school concurrency on a
918 less than districtwide basis, such as utilizing school
919 attendance zones or larger school concurrency service areas,
920 local governments and school boards shall have the burden to
921 demonstrate that the utilization of school capacity is maximized
922 to the greatest extent possible in the comprehensive plan and
923 amendment, taking into account transportation costs and court
924 approved desegregation plans, as well as other factors. In
925 addition, in order to achieve concurrency within the service
926 area boundaries selected by local governments and school boards,
927 the service area boundaries, together with the standards for
928 establishing those boundaries, shall be identified and included
929 as supporting data and analysis for the comprehensive plan.
930 3. Where school capacity is available on a districtwide
931 basis but school concurrency is applied on a less than
932 districtwide basis in the form of concurrency service areas, if
933 the adopted level-of-service standard cannot be met in a
934 particular service area as applied to an application for a
935 development permit and if the needed capacity for the particular
936 service area is available in one or more contiguous service
937 areas, as adopted by the local government, then the local
938 government may not deny an application for site plan or final
939 subdivision approval or the functional equivalent for a
940 development or phase of a development on the basis of school
941 concurrency, and if issued, development impacts shall be shifted
942 to contiguous service areas with schools having available
943 capacity.
944 (d) Financial feasibility.—The Legislature recognizes that
945 financial feasibility is an important issue because the premise
946 of concurrency is that the public facilities will be provided in
947 order to achieve and maintain the adopted level-of-service
948 standard. This part and chapter 9J-5, Florida Administrative
949 Code, contain specific standards to determine the financial
950 feasibility of capital programs. These standards were adopted to
951 make concurrency more predictable and local governments more
952 accountable.
953 1. A comprehensive plan amendment seeking to impose school
954 concurrency shall contain appropriate amendments to the capital
955 improvements element of the comprehensive plan, consistent with
956 the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
957 Administrative Code. The capital improvements element shall set
958 forth a financially feasible public school capital facilities
959 program, established in conjunction with the school board, that
960 demonstrates that the adopted level-of-service standards will be
961 achieved and maintained.
962 2. Such amendments shall demonstrate that the public school
963 capital facilities program meets all of the financial
964 feasibility standards of this part and chapter 9J-5, Florida
965 Administrative Code, that apply to capital programs which
966 provide the basis for mandatory concurrency on other public
967 facilities and services.
968 3. When the financial feasibility of a public school
969 capital facilities program is evaluated by the state land
970 planning agency for purposes of a compliance determination, the
971 evaluation shall be based upon the service areas selected by the
972 local governments and school board.
973 (e) Availability standard.—Consistent with the public
974 welfare, a local government may not deny an application for a
975 comprehensive plan amendment, residential rezoning, site plan,
976 final subdivision approval, or the functional equivalent for a
977 development or phase of a development authorizing residential
978 development for failure to achieve and maintain the level-of
979 service standard for public school capacity in a local school
980 concurrency management system where adequate school facilities
981 will be in place or under actual construction within 3 years
982 after the adoption of a comprehensive plan amendment, rezoning,
983 or the issuance of final subdivision or site plan approval, or
984 the functional equivalent. If the required school facilities are
985 not in place or construction is scheduled to commence within 3
986 years after the adoption of the comprehensive plan amendment,
987 rezoning, or the issuance of final subdivision or site approval,
988 or the functional equivalent, school concurrency shall be is
989 satisfied if the developer executes a legally binding commitment
990 to provide mitigation proportionate to the demand for public
991 school facilities to be created by actual development of the
992 property, including, but not limited to, the options described
993 in subparagraph 1. Options for proportionate-share mitigation of
994 impacts on public school facilities must be established in the
995 public school facilities element and the interlocal agreement
996 pursuant to s. 163.31777.
997 1. Appropriate mitigation options include the contribution
998 of land; the construction, expansion, or payment for land
999 acquisition or construction of a public school facility; the
1000 construction of a charter school that complies with the
1001 requirements of subparagraph 2.; or the creation of mitigation
1002 banking based on the construction of a public school facility or
1003 charter school that complies with the requirements of
1004 subparagraph 2. in exchange for the right to sell capacity
1005 credits. Such options must include execution by the applicant
1006 and the local government of a development agreement that
1007 constitutes a legally binding commitment to pay proportionate
1008 share mitigation for the additional residential units approved
1009 by the local government in a development order and actually
1010 developed on the property, taking into account residential
1011 density allowed on the property prior to the plan amendment that
1012 increased the overall residential density. The district school
1013 board must be a party to such an agreement. The local government
1014 or district school board’s authority to refuse the approval of a
1015 development agreement proffering charter school facilities is
1016 limited by the agreement’s compliance with subparagraph 2. As a
1017 condition of its entry into such a development agreement, the
1018 local government may require the landowner to agree to
1019 continuing renewal of the agreement upon its expiration.
1020 2. The construction of a charter school facility is an
1021 appropriate mitigation option if the facility will offer
1022 enrollment to students who reside within a defined geographic
1023 area as provided in s. 1002.33(10)(e)(4)., and the construction
1024 of the facility complies with the life safety requirements of
1025 the State Requirements for Educational Facilities (SREF).
1026 District school boards shall monitor and inspect charter school
1027 facilities constructed under this section to ensure compliance
1028 with the life safety requirements of the SREF and may waive the
1029 SREF standards in the same manner as permitted for district
1030 owned public schools.
1031 3.2. If the education facilities plan and the public
1032 educational facilities element authorize a contribution of land;
1033 the construction, expansion, or payment for land acquisition; or
1034 the construction or expansion of a public school facility, or a
1035 portion thereof, or the construction of a charter school that
1036 complies with the requirements in subparagraph 2., as
1037 proportionate-share mitigation, the local government shall
1038 credit such a contribution, construction, expansion, or payment
1039 toward any other concurrency management system, concurrency
1040 exaction, impact fee, or exaction imposed by local ordinance for
1041 the same need, on a dollar-for-dollar basis at fair market
1042 value.
1043 4.3. Any proportionate-share mitigation must be included
1044 directed by the school board as toward a school capacity
1045 improvement and identified in a financially feasible 5-year
1046 district work plan that satisfies the demands created by the
1047 development in accordance with a binding developer’s agreement.
1048 5.4. If a development is precluded from commencing because
1049 there is inadequate classroom capacity to mitigate the impacts
1050 of the development, the development may nevertheless commence if
1051 there are accelerated facilities in an approved capital
1052 improvement element scheduled for construction in year four or
1053 later of such plan which, when built, will mitigate the proposed
1054 development, or if such accelerated facilities will be in the
1055 next annual update of the capital facilities element, the
1056 developer enters into a binding, financially guaranteed
1057 agreement with the school district to construct an accelerated
1058 facility within the first 3 years of an approved capital
1059 improvement plan, and the cost of the school facility is equal
1060 to or greater than the development’s proportionate share. When
1061 the completed school facility is conveyed to the school
1062 district, the developer shall receive impact fee credits usable
1063 within the zone where the facility is constructed or any
1064 attendance zone contiguous with or adjacent to the zone where
1065 the facility is constructed.
1066 6.5. This paragraph does not limit the authority of a local
1067 government to deny a development permit or its functional
1068 equivalent pursuant to its home rule regulatory powers, except
1069 as provided in this part.
1070 (f) Intergovernmental coordination.—
1071 1. When establishing concurrency requirements for public
1072 schools, a local government shall satisfy the requirements for
1073 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1074 and 2., except that a municipality is not required to be a
1075 signatory to the interlocal agreement required by ss.
1076 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1077 imposition of school concurrency, and as a nonsignatory, shall
1078 not participate in the adopted local school concurrency system,
1079 if the municipality meets all of the following criteria for
1080 having no significant impact on school attendance:
1081 a. The municipality has issued development orders for fewer
1082 than 50 residential dwelling units during the preceding 5 years,
1083 or the municipality has generated fewer than 25 additional
1084 public school students during the preceding 5 years.
1085 b. The municipality has not annexed new land during the
1086 preceding 5 years in land use categories which permit
1087 residential uses that will affect school attendance rates.
1088 c. The municipality has no public schools located within
1089 its boundaries.
1090 d. At least 80 percent of the developable land within the
1091 boundaries of the municipality has been built upon.
1092 2. A municipality which qualifies as having no significant
1093 impact on school attendance pursuant to the criteria of
1094 subparagraph 1. must review and determine at the time of its
1095 evaluation and appraisal report pursuant to s. 163.3191 whether
1096 it continues to meet the criteria pursuant to s. 163.31777(6).
1097 If the municipality determines that it no longer meets the
1098 criteria, it must adopt appropriate school concurrency goals,
1099 objectives, and policies in its plan amendments based on the
1100 evaluation and appraisal report, and enter into the existing
1101 interlocal agreement required by ss. 163.3177(6)(h)2. and
1102 163.31777, in order to fully participate in the school
1103 concurrency system. If such a municipality fails to do so, it
1104 will be subject to the enforcement provisions of s. 163.3191.
1105 (g) Interlocal agreement for school concurrency.—When
1106 establishing concurrency requirements for public schools, a
1107 local government must enter into an interlocal agreement that
1108 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
1109 163.31777 and the requirements of this subsection. The
1110 interlocal agreement shall acknowledge both the school board’s
1111 constitutional and statutory obligations to provide a uniform
1112 system of free public schools on a countywide basis, and the
1113 land use authority of local governments, including their
1114 authority to approve or deny comprehensive plan amendments and
1115 development orders. The interlocal agreement shall be submitted
1116 to the state land planning agency by the local government as a
1117 part of the compliance review, along with the other necessary
1118 amendments to the comprehensive plan required by this part. In
1119 addition to the requirements of ss. 163.3177(6)(h) and
1120 163.31777, the interlocal agreement shall meet the following
1121 requirements:
1122 1. Establish the mechanisms for coordinating the
1123 development, adoption, and amendment of each local government’s
1124 public school facilities element with each other and the plans
1125 of the school board to ensure a uniform districtwide school
1126 concurrency system.
1127 2. Establish a process for the development of siting
1128 criteria which encourages the location of public schools
1129 proximate to urban residential areas to the extent possible and
1130 seeks to collocate schools with other public facilities such as
1131 parks, libraries, and community centers to the extent possible.
1132 3. Specify uniform, districtwide level-of-service standards
1133 for public schools of the same type and the process for
1134 modifying the adopted level-of-service standards.
1135 4. Establish a process for the preparation, amendment, and
1136 joint approval by each local government and the school board of
1137 a public school capital facilities program which is financially
1138 feasible, and a process and schedule for incorporation of the
1139 public school capital facilities program into the local
1140 government comprehensive plans on an annual basis.
1141 5. Define the geographic application of school concurrency.
1142 If school concurrency is to be applied on a less than
1143 districtwide basis in the form of concurrency service areas, the
1144 agreement shall establish criteria and standards for the
1145 establishment and modification of school concurrency service
1146 areas. The agreement shall also establish a process and schedule
1147 for the mandatory incorporation of the school concurrency
1148 service areas and the criteria and standards for establishment
1149 of the service areas into the local government comprehensive
1150 plans. The agreement shall ensure maximum utilization of school
1151 capacity, taking into account transportation costs and court
1152 approved desegregation plans, as well as other factors. The
1153 agreement shall also ensure the achievement and maintenance of
1154 the adopted level-of-service standards for the geographic area
1155 of application throughout the 5 years covered by the public
1156 school capital facilities plan and thereafter by adding a new
1157 fifth year during the annual update.
1158 6. Establish a uniform districtwide procedure for
1159 implementing school concurrency which provides for:
1160 a. The evaluation of development applications for
1161 compliance with school concurrency requirements, including
1162 information provided by the school board on affected schools,
1163 impact on levels of service, and programmed improvements for
1164 affected schools and any options to provide sufficient capacity;
1165 b. An opportunity for the school board to review and
1166 comment on the effect of comprehensive plan amendments and
1167 rezonings on the public school facilities plan; and
1168 c. The monitoring and evaluation of the school concurrency
1169 system.
1170 7. Include provisions relating to amendment of the
1171 agreement.
1172 8. A process and uniform methodology for determining
1173 proportionate-share mitigation pursuant to subparagraph (e)1.
1174 (h) Local government authority.—This subsection does not
1175 limit the authority of a local government to grant or deny a
1176 development permit or its functional equivalent prior to the
1177 implementation of school concurrency. However, after school
1178 concurrency is implemented, a local government may not deny or
1179 impose conditions upon a development permit or comprehensive
1180 plan amendment because of inadequate school capacity if capacity
1181 is or is deemed to be available pursuant to paragraph (c) or
1182 paragraph (e), or if the developer pursuant to paragraph (e)
1183 executes a legally binding commitment to provide mitigation
1184 proportionate to the demand for the creation of public school
1185 facilities.
1186 (14) RULEMAKING AUTHORITY.—The state land planning agency
1187 shall, by October 1, 1998, adopt by rule minimum criteria for
1188 the review and determination of compliance of a public school
1189 facilities element adopted by a local government for purposes of
1190 the imposition of school concurrency.
1191 (15)(a) MULTIMODAL DISTRICTS.—Multimodal transportation
1192 districts may be established under a local government
1193 comprehensive plan in areas delineated on the future land use
1194 map for which the local comprehensive plan assigns secondary
1195 priority to vehicle mobility and primary priority to assuring a
1196 safe, comfortable, and attractive pedestrian environment, with
1197 convenient interconnection to transit. Such districts must
1198 incorporate community design features that will reduce the
1199 number of automobile trips or vehicle miles of travel and will
1200 support an integrated, multimodal transportation system. Before
1201 Prior to the designation of multimodal transportation districts,
1202 the Department of Transportation shall, in consultation with be
1203 consulted by the local government, to assess the impact that the
1204 proposed multimodal district area is expected to have on the
1205 adopted level-of-service standards established for Strategic
1206 Intermodal System facilities, as provided in s. 339.63 defined
1207 in s. 339.64, and roadway facilities funded in accordance with
1208 s. 339.2819. Further, the local government shall, in cooperation
1209 with the Department of Transportation, develop a plan to
1210 mitigate any impacts to the Strategic Intermodal System,
1211 including the development of a long-term concurrency management
1212 system pursuant to subsection (9) and s. 163.3177(3)(d).
1213 Multimodal transportation districts existing prior to July 1,
1214 2005, shall meet, at a minimum, the provisions of this section
1215 by July 1, 2006, or at the time of the comprehensive plan update
1216 pursuant to the evaluation and appraisal report, whichever
1217 occurs last.
1218 (b) Community design elements of such a multimodal
1219 transportation district include:
1220 1. A complementary mix and range of land uses, including
1221 educational, recreational, and cultural uses;
1222 2. Interconnected networks of streets designed to encourage
1223 walking and bicycling, with traffic-calming where desirable;
1224 3. Appropriate densities and intensities of use within
1225 walking distance of transit stops;
1226 4. Daily activities within walking distance of residences,
1227 allowing independence to persons who do not drive; and
1228 5. Public uses, streets, and squares that are safe,
1229 comfortable, and attractive for the pedestrian, with adjoining
1230 buildings open to the street and with parking not interfering
1231 with pedestrian, transit, automobile, and truck travel modes.
1232 (c) Local governments may establish multimodal level-of
1233 service standards that rely primarily on nonvehicular modes of
1234 transportation within the district, if when justified by an
1235 analysis demonstrating that the existing and planned community
1236 design will provide an adequate level of mobility within the
1237 district based upon professionally accepted multimodal level-of
1238 service methodologies. The analysis must also demonstrate that
1239 the capital improvements required to promote community design
1240 are financially feasible over the development or redevelopment
1241 timeframe for the district and that community design features
1242 within the district provide convenient interconnection for a
1243 multimodal transportation system. Local governments may issue
1244 development permits in reliance upon all planned community
1245 design capital improvements that are financially feasible over
1246 the development or redevelopment timeframe for the district,
1247 regardless of without regard to the period of time between
1248 development or redevelopment and the scheduled construction of
1249 the capital improvements. A determination of financial
1250 feasibility shall be based upon currently available funding or
1251 funding sources that could reasonably be expected to become
1252 available over the planning period.
1253 (d) Local governments may reduce impact fees or local
1254 access fees for development within multimodal transportation
1255 districts based on the reduction of vehicle trips per household
1256 or vehicle miles of travel expected from the development pattern
1257 planned for the district.
1258 (e) By December 1, 2007, The Department of Transportation,
1259 in consultation with the state land planning agency and
1260 interested local governments, may designate a study area for
1261 conducting a pilot project to determine the benefits of and
1262 barriers to establishing a regional multimodal transportation
1263 concurrency district that extends over more than one local
1264 government jurisdiction. If designated:
1265 1. The study area must be in a county that has a population
1266 of at least 1,000 persons per square mile, be within an urban
1267 service area, and have the consent of the local governments
1268 within the study area. The Department of Transportation and the
1269 state land planning agency shall provide technical assistance.
1270 2. The local governments within the study area and the
1271 Department of Transportation, in consultation with the state
1272 land planning agency, shall cooperatively create a multimodal
1273 transportation plan that meets the requirements in of this
1274 section. The multimodal transportation plan must include viable
1275 local funding options and incorporate community design features,
1276 including a range of mixed land uses and densities and
1277 intensities, which will reduce the number of automobile trips or
1278 vehicle miles of travel while supporting an integrated,
1279 multimodal transportation system.
1280 3. In order to effectuate the multimodal transportation
1281 concurrency district, participating local governments may adopt
1282 appropriate comprehensive plan amendments.
1283 4. The Department of Transportation, in consultation with
1284 the state land planning agency, shall submit a report by March
1285 1, 2009, to the Governor, the President of the Senate, and the
1286 Speaker of the House of Representatives on the status of the
1287 pilot project. The report must identify any factors that support
1288 or limit the creation and success of a regional multimodal
1289 transportation district including intergovernmental
1290 coordination.
1291 (16) PROPORTIONATE FAIR-SHARE MITIGATION.—It is the intent
1292 of the Legislature to provide a method by which the impacts of
1293 development on transportation facilities can be mitigated by the
1294 cooperative efforts of the public and private sectors. The
1295 methodology used to calculate proportionate fair-share
1296 mitigation shall be calculated as follows: mitigation under this
1297 section shall be as provided for in subsection (12).
1298 (a) The proportionate fair-share contribution shall be
1299 calculated based upon the cumulative number of trips from the
1300 proposed development expected to reach roadways during the peak
1301 hour at the complete buildout of a stage or phase being
1302 approved, divided by the change in the peak hour maximum service
1303 volume of the roadways resulting from the construction of an
1304 improvement necessary to maintain the adopted level of service.
1305 The calculated proportionate fair-share contribution shall be
1306 multiplied by the construction cost, at the time of developer
1307 payment, of the improvement necessary to maintain the adopted
1308 level of service in order to determine the proportionate fair
1309 share contribution. For purposes of this subparagraph, the term
1310 “construction cost” includes all associated costs of the
1311 improvement.
1312 (b)(a) By December 1, 2006, Each local government shall
1313 adopt by ordinance a methodology for assessing proportionate
1314 fair-share mitigation options consistent with this section. By
1315 December 1, 2005, the Department of Transportation shall develop
1316 a model transportation concurrency management ordinance with
1317 methodologies for assessing proportionate fair-share mitigation
1318 options.
1319 (c)(b)1. In its transportation concurrency management
1320 system, a local government shall, by December 1, 2006, include
1321 methodologies that will be applied to calculate proportionate
1322 fair-share mitigation. A developer may choose to satisfy all
1323 transportation concurrency requirements by contributing or
1324 paying proportionate fair-share mitigation if transportation
1325 facilities or facility segments identified as mitigation for
1326 traffic impacts are specifically identified for funding in the
1327 5-year schedule of capital improvements in the capital
1328 improvements element of the local plan or the long-term
1329 concurrency management system or if such contributions or
1330 payments to such facilities or segments are reflected in the 5-
1331 year schedule of capital improvements in the next regularly
1332 scheduled update of the capital improvements element. Updates to
1333 the 5-year capital improvements element which reflect
1334 proportionate fair-share contributions may not be found not in
1335 compliance based on ss. 163.3164(32) and 163.3177(3) if
1336 additional contributions, payments or funding sources are
1337 reasonably anticipated during a period not to exceed 10 years to
1338 fully mitigate impacts on the transportation facilities.
1339 2. Proportionate fair-share mitigation shall be applied as
1340 a credit against all transportation impact fees or any exactions
1341 assessed for the traffic impacts of a development to the extent
1342 that all or a portion of the proportionate fair-share mitigation
1343 is used to address the same capital infrastructure improvements
1344 contemplated by the local government’s impact fee ordinance.
1345 (d)(c) Proportionate fair-share mitigation includes,
1346 without limitation, separately or collectively, private funds,
1347 contributions of land, or and construction and contribution of
1348 facilities and may include public funds as determined by the
1349 local government. Proportionate fair-share mitigation may be
1350 directed toward one or more specific transportation improvements
1351 reasonably related to the mobility demands created by the
1352 development and such improvements may address one or more modes
1353 of travel. The fair market value of the proportionate fair-share
1354 mitigation may shall not differ based on the form of mitigation.
1355 A local government may not require a development to pay more
1356 than its proportionate fair-share contribution regardless of the
1357 method of mitigation. Proportionate fair-share mitigation shall
1358 be limited to ensure that a development meeting the requirements
1359 of this section mitigates its impact on the transportation
1360 system but is not responsible for the additional cost of
1361 reducing or eliminating backlogs. For purposes of this
1362 paragraph, the term “backlog” means a facility or facilities on
1363 which the adopted level-of-service standard is exceeded by the
1364 existing trips, plus additional projected background trips from
1365 any source other than the development project under review which
1366 are forecast by established traffic standards, including traffic
1367 modeling, consistent with the University of Florida Bureau of
1368 Economic and Business Research medium population projections.
1369 Additional projected background trips are to be coincident with
1370 the particular stage or phase of development under review.
1371 (e)(d) This subsection does not require a local government
1372 to approve a development that is not otherwise qualified for
1373 approval pursuant to the applicable local comprehensive plan and
1374 land development regulations; however, a development that
1375 satisfies the requirements of this section may not be denied on
1376 the basis of a failure to mitigate its transportation impacts
1377 under the local comprehensive plan or land development
1378 regulations. This paragraph does not limit a local government
1379 from imposing lawfully adopted transportation impact fees.
1380 (f)(e) Mitigation for development impacts to facilities on
1381 the Strategic Intermodal System made pursuant to this subsection
1382 requires the concurrence of the Department of Transportation.
1383 (g)(f) If the funds in an adopted 5-year capital
1384 improvements element are insufficient to fully fund construction
1385 of a transportation improvement required by the local
1386 government’s concurrency management system, a local government
1387 and a developer may still enter into a binding proportionate-
1388 share agreement authorizing the developer to construct that
1389 amount of development on which the proportionate share is
1390 calculated if the proportionate-share amount in such agreement
1391 is sufficient to pay for one or more improvements which will, in
1392 the opinion of the governmental entity or entities maintaining
1393 the transportation facilities, significantly benefit the
1394 impacted transportation system. The improvements funded by the
1395 proportionate-share component must be adopted into the 5-year
1396 capital improvements schedule of the comprehensive plan at the
1397 next annual capital improvements element update. The funding of
1398 any improvements that significantly benefit the impacted
1399 transportation system satisfies concurrency requirements as a
1400 mitigation of the development’s impact upon the overall
1401 transportation system even if there remains a failure of
1402 concurrency on other impacted facilities.
1403 (h)(g) Except as provided in subparagraph (c)1. (b)1., this
1404 section does may not prohibit the state land planning agency
1405 Department of Community Affairs from finding other portions of
1406 the capital improvements element amendments not in compliance as
1407 provided in this chapter.
1408 (i)(h) The provisions of This subsection does do not apply
1409 to a development of regional impact satisfying the requirements
1410 in of subsection (12).
1411 (17) AFFORDABLE WORKFORCE HOUSING.—A local government and
1412 the developer of affordable workforce housing units developed in
1413 accordance with s. 380.06(19) or s. 380.0651(3) may identify an
1414 employment center or centers in close proximity to the
1415 affordable workforce housing units. If at least 50 percent of
1416 the units are occupied by an employee or employees of an
1417 identified employment center or centers, all of the affordable
1418 workforce housing units are exempt from transportation
1419 concurrency requirements, and the local government may not
1420 reduce any transportation trip-generation entitlements of an
1421 approved development-of-regional-impact development order. As
1422 used in this subsection, the term “close proximity” means 5
1423 miles from the nearest point of the development of regional
1424 impact to the nearest point of the employment center, and the
1425 term “employment center” means a place of employment that
1426 employs at least 25 or more full-time employees.
1427 (18) INCENTIVES FOR CONTRIBUTIONS.—Landowners or
1428 developers, including landowners or developers of developments
1429 of regional impact, who propose a large-scale development of 500
1430 cumulative acres or more may satisfy all of the transportation
1431 concurrency requirements by contributing or paying proportionate
1432 share or proportionate fair-share mitigation. If such
1433 contribution is made, a local government shall:
1434 (a) Designate the traffic impacts for transportation
1435 facilities or facility segments as mitigated for funding in the
1436 5-year schedule of capital improvements in the capital
1437 improvements element of the local comprehensive plan or the
1438 long-term concurrency management system; or
1439 (b) Reflect that the traffic impacts for transportation
1440 facilities or facility segments are mitigated in the 5-year
1441 schedule of capital improvements in the next regularly scheduled
1442 update of the capital improvements element. Updates to the 5
1443 year capital improvements element which reflect proportionate
1444 share or proportionate fair-share contributions are deemed
1445 compliant with s. 163.3164(32) or s. 163.3177(3) if additional
1446 contributions, payments, or funding sources are reasonably
1447 anticipated during a period not to exceed 10 years and would
1448 fully mitigate impacts on the transportation facilities and
1449 facility segments.
1450 (19) COSTS OF MITIGATION.—The costs of mitigation for
1451 concurrency impacts shall be distributed to all affected
1452 jurisdictions by the local government having jurisdiction over
1453 project or development approval. Distribution shall be
1454 proportionate to the percentage of the total concurrency
1455 mitigation costs incurred by an affected jurisdiction.
1456 Section 4. Section 163.31802, Florida Statutes, is created
1457 to read:
1458 163.31802 Prohibited standards for security.—A county,
1459 municipality, or other local government entity may not adopt or
1460 maintain in effect an ordinance or rule that establishes
1461 standards for security devices which require a lawful business
1462 to expend funds to enhance the services or functions provided by
1463 local government unless provided by general law. This section
1464 does not apply to municipalities that have a total population of
1465 50,000 or fewer and adopted an ordinance or rule establishing
1466 standards for security devices before February 1, 2009.
1467 Section 5. Subsection (2) of section 163.3182, Florida
1468 Statutes, is amended to read:
1469 163.3182 Transportation concurrency backlogs.—
1470 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
1471 AUTHORITIES.—
1472 (a) A county or municipality may create a transportation
1473 concurrency backlog authority if it has an identified
1474 transportation concurrency backlog.
1475 (b) No later than 2012, a local government that has an
1476 identified transportation concurrency backlog shall adopt one or
1477 more transportation concurrency backlog areas as part of the
1478 local government’s capital improvements element update to its
1479 submission of financial feasibility to the state land planning
1480 agency. Any additional areas that a local government creates
1481 shall be submitted biannually to the state land planning agency
1482 until the local government has demonstrated, no later than 2027,
1483 that the backlog existing in 2012 has been mitigated through
1484 construction or planned construction of the necessary
1485 transportation mobility improvements. If a local government is
1486 unable to meet the biannual requirements of the capital
1487 improvements element update for new areas as a result of
1488 economic conditions, the local government may request from the
1489 state land planning agency a one-time waiver of the requirement
1490 to file the biannual creation of new transportation concurrency
1491 backlog authority areas.
1492 (c) Landowners or developers within a large-scale
1493 development area of 500 cumulative acres or more may request the
1494 local government to create a transportation concurrency backlog
1495 area for the development area for roadways significantly
1496 affected by traffic from the development if those roadways are
1497 or will be backlogged as defined by s. 163.3180(12)(b). If a
1498 development permit is issued or a comprehensive plan amendment
1499 is approved within the development area, the local government
1500 shall designate the transportation concurrency backlog area if
1501 the funding is sufficient to address one or more transportation
1502 capacity improvements necessary to satisfy the additional
1503 deficiencies coexisting or anticipated with the new development.
1504 The transportation concurrency backlog area shall be created by
1505 ordinance and shall be used to satisfy all proportionate share
1506 or proportionate fair-share transportation concurrency
1507 contributions of the development not otherwise satisfied by
1508 impact fees. The local government shall manage the area acting
1509 as a transportation concurrency backlog authority and all
1510 applicable provisions of this section apply, except that the tax
1511 increment shall be used to satisfy transportation concurrency
1512 requirements not otherwise satisfied by impact fees.
1513 (d)(b) Acting as the transportation concurrency backlog
1514 authority within the authority’s jurisdictional boundary, the
1515 governing body of a county or municipality shall adopt and
1516 implement a plan to eliminate all identified transportation
1517 concurrency backlogs within the authority’s jurisdiction using
1518 funds provided pursuant to subsection (5) and as otherwise
1519 provided pursuant to this section.
1520 (e) Notwithstanding any general law, special act, or
1521 ordinance to the contrary, a local government may not require
1522 any payments for transportation concurrency exceeding a
1523 development’s traffic impacts as identified pursuant to impact
1524 fees or s. 163.3180(12) or (16) and may not require such
1525 payments as a condition of a development order or permit. If
1526 such payments required to satisfy a development’s share of
1527 transportation concurrency costs do not mitigate all traffic
1528 impacts of the planned development area because of existing or
1529 future backlog conditions, the owner or developer may petition
1530 the local government for designation of a transportation
1531 concurrency backlog area pursuant to this section, which shall
1532 satisfy any remaining concurrency backlog requirements in the
1533 impacted area.
1534 Section 6. Paragraph (a) of subsection (7) of section
1535 380.06, Florida Statutes, is amended to read:
1536 380.06 Developments of regional impact.—
1537 (7) PREAPPLICATION PROCEDURES.—
1538 (a) Before filing an application for development approval,
1539 the developer shall contact the regional planning agency having
1540 with jurisdiction over the proposed development to arrange a
1541 preapplication conference. Upon the request of the developer or
1542 the regional planning agency, other affected state and regional
1543 agencies shall participate in the this conference and shall
1544 identify the types of permits issued by the agencies, the level
1545 of information required, and the permit issuance procedures as
1546 applied to the proposed development. The levels of service
1547 required in the transportation methodology must be the same
1548 levels of service used to evaluate concurrency and proportionate
1549 share pursuant to s. 163.3180. The regional planning agency
1550 shall provide the developer information to the developer
1551 regarding about the development-of-regional-impact process and
1552 the use of preapplication conferences to identify issues,
1553 coordinate appropriate state and local agency requirements, and
1554 otherwise promote a proper and efficient review of the proposed
1555 development. If an agreement is reached regarding assumptions
1556 and methodology to be used in the application for development
1557 approval, the reviewing agencies may not subsequently object to
1558 those assumptions and methodologies unless subsequent changes to
1559 the project or information obtained during the review make those
1560 assumptions and methodologies inappropriate.
1561 Section 7. Present subsection (19) of section 403.973,
1562 Florida Statutes, is redesignated as subsection (20), and a new
1563 subsection (19) is added to that section, to read:
1564 403.973 Expedited permitting; comprehensive plan
1565 amendments.—
1566 (19) It is the intent of the Legislature to encourage and
1567 facilitate the location of businesses in the state which will
1568 create jobs and high wages, diversify the state’s economy, and
1569 promote the development of energy saving technologies and other
1570 clean technologies to be used in Florida communities. It is also
1571 the intent of the Legislature to provide incentives in
1572 regulatory process for mixed use projects that are regional
1573 centers for clean technology (RCCT) to accomplish the goals of
1574 this section and meet additional performance criteria for
1575 conservation, reduced energy and water consumption, and other
1576 practices for creating a sustainable community.
1577 (a) In order to qualify for the incentives in this
1578 subsection, a proposed RCCT project must:
1579 1. Create new jobs in development, manufacturing, and
1580 distribution in the clean technology industry, including, but
1581 not limited to, energy and fuel saving, alternative energy
1582 production, or carbon-reduction technologies. Overall job
1583 creation must be at a minimum ratio of one job for every
1584 household in the project and produce no fewer than 10,000 jobs
1585 upon completion of the project.
1586 2. Provide at least 25 percent of site-wide demand for
1587 electricity by new renewable energy sources.
1588 3. Use building design and construction techniques and
1589 materials to reduce project-wide energy demand by at least 25
1590 percent compared to 2009 average per capita consumption for the
1591 state.
1592 4. Use conservation and construction techniques and
1593 materials to reduce potable water consumption by at least 25
1594 percent compared to 2009 average per capita consumption for the
1595 state.
1596 5. Have a projected per capita carbon emissions at least 25
1597 percent below the 2009 average per capita carbon emissions for
1598 the state.
1599 6. Contain at least 25,000 acres, at least 50 percent of
1600 which will be dedicated to conservation or open space. The
1601 project site must be directly accessible to a crossroad of two
1602 Strategic Intermodal System facilities and may not be located in
1603 a coastal high-hazard area.
1604 7. Be planned to contain a mix of land uses, including, at
1605 minimum, 5 million square feet of combined research and
1606 development, industrial uses, and commercial land uses, and a
1607 balanced mix of housing to meet the demands for jobs and wages
1608 created within the project.
1609 8. Be designed to greatly reduce the need for automobile
1610 usage through an intramodal mass transit system, site design,
1611 and other strategies to reduce vehicle miles travelled.
1612 (b) The office shall certify a RCCT project as eligible for
1613 the incentives in this subsection within 30 days after receiving
1614 an application that meets the criteria paragraph (a). The
1615 application must be received within 180 days after July 1, 2009,
1616 in order to qualify for this incentive. The recommendation from
1617 the governing body of the county or municipality in which the
1618 project may be located is required in order for the office to
1619 certify that any project is eligible for the expedited review
1620 and incentives under this subsection. The office may decertify a
1621 project that has failed to meet the criteria in this subsection
1622 and the commitments set forth in the application.
1623 (c)1. The office shall direct the creation of regional
1624 permit action teams through a memorandum of agreement as set
1625 forth in subsections (4)-(6). The RCCT project shall be eligible
1626 for the expedited permitting and other incentives provided in
1627 this section.
1628 2. Notwithstanding any other provisions of law,
1629 applications for comprehensive plan amendments received before
1630 June 1, 2009, which are associated with RCCT projects certified
1631 under this subsection, including text amendments that set forth
1632 parameters for establishing a RCCT project map amendment, shall
1633 be processed pursuant to the provisions of s. 163.3187(1)(c) and
1634 (3). The Legislature finds that a project meeting the criteria
1635 for certification under this subsection meets the requirements
1636 for land use allocation need based on population projections,
1637 discouragement of urban sprawl, the provisions of s.
1638 163.3177(6)(a) and (11), and implementing rules.
1639 3. Any development projects within the certified project
1640 which are subject to development-of-regional-impact review
1641 pursuant to the applicable provisions of chapter 380 shall be
1642 reviewed pursuant to that chapter and applicable rules. If a
1643 RCCT project qualifies as a development of regional impact, the
1644 application must be submitted within 180 days after the adoption
1645 of the related comprehensive plan amendment. Notwithstanding any
1646 other provisions of law, the state land planning agency may not
1647 appeal a local government development order issued under chapter
1648 380 unless the agency having regulatory authority over the
1649 subject area of the appeal has recommended an appeal.
1650 Section 8. Transportation mobility fee.—
1651 (1)(a) The Legislature finds that the existing
1652 transportation concurrency system has not adequately addressed
1653 the transportation needs of this state in an effective,
1654 predictable, and equitable manner and is not producing a
1655 sustainable transportation system for the state. The Legislature
1656 finds that the current system is complex, lacks uniformity among
1657 jurisdictions, is too focused on roadways to the detriment of
1658 desired land use patterns and transportation alternatives, and
1659 frequently prevents the attainment of important growth
1660 management goals.
1661 (b) The Legislature determines that the state shall
1662 evaluate and consider the implementation of a mobility fee to
1663 replace the existing transportation concurrency system set forth
1664 in s. 163.3180, Florida Statutes. The mobility fee must be
1665 designed to provide for mobility needs, ensure that all
1666 development provides mitigation for its impacts on the
1667 transportation system in approximate proportionality to those
1668 impacts, fairly distribute the fee among the governmental
1669 entities responsible for maintaining the impacted roadways, and
1670 promote compact, mixed-use, and energy efficient development.
1671 (2) The state land planning agency and the Department of
1672 Transportation shall continue their current mobility fee studies
1673 and submit to the President of the Senate and the Speaker of the
1674 House of Representatives joint reports by December 1, 2009, for
1675 the purpose of initiating legislative revisions necessary to
1676 implement the mobility fee in lieu of the existing
1677 transportation concurrency system.
1678 Section 9. The Legislature directs the Department of
1679 Transportation to establish an approved transportation
1680 methodology which recognizes that a planned, sustainable, or
1681 self-sufficient development area will likely achieve a community
1682 internal capture rate in excess of 30 percent when fully
1683 developed. A sustainable or self-sufficient development area
1684 consists of 500 acres or more of large-scale developments
1685 individually or collectively designed to achieve self
1686 containment by providing a balance of land uses to fulfill a
1687 majority of the community’s needs. The adopted transportation
1688 methodology shall use a regional transportation model that
1689 incorporates professionally accepted modeling techniques
1690 applicable to well-planned, sustainable communities of the size,
1691 location, mix of uses, and design features consistent with such
1692 communities. The adopted transportation methodology shall serve
1693 as the basis for sustainable or self-sufficient development’s
1694 traffic impact assessments by the department. The methodology
1695 review must be completed and in use no later than July 1, 2009.
1696 Section 10. (1) Except as provided in subsection (4), and
1697 in recognition of the 2009 real estate market conditions, any
1698 permit issued by the Department of Environmental Protection or
1699 any permit issued by a water management district under part IV
1700 of chapter 373, Florida Statutes, any development order issued
1701 by the Department of Community Affairs pursuant to s. 380.06,
1702 Florida Statutes, and any development order, building permit, or
1703 other land use approval issued by a local government which
1704 expired or will expire on or after September 1, 2008, but before
1705 September 1, 2011, is extended and renewed for a period of 2
1706 years after its date of expiration. For development orders and
1707 land use approvals, including, but not limited to, certificates
1708 of concurrency and development agreements, this extension also
1709 includes phase, commencement, and buildout dates, including any
1710 buildout date extension previously granted under s.
1711 380.06(19)(c), Florida Statutes. This subsection does not
1712 prohibit conversion from the construction phase to the operation
1713 phase upon completion of construction for combined construction
1714 and operation permits.
1715 (2) The completion date for any required mitigation
1716 associated with a phased construction project shall be extended
1717 and renewed so that mitigation takes place in the same timeframe
1718 relative to the phase as originally permitted.
1719 (3) The holder of an agency or district permit, or a
1720 development order, building permit, or other land use approval
1721 issued by a local government which is eligible for the 2-year
1722 extension shall notify the authorizing agency in writing no
1723 later than September 30, 2010, identifying the specific
1724 authorization for which the holder intends to use the extended
1725 or renewed permit, order, or approval.
1726 (4) The extensions and renewals provided for in subsection
1727 (1) do not apply to:
1728 (a) A permit or other authorization under any programmatic
1729 or regional general permit issued by the United States Army
1730 Corps of Engineers.
1731 (b) An agency or district permit or a development order,
1732 building permit, or other land use approval issued by a local
1733 government and held by an owner or operator determined to be in
1734 significant noncompliance with the conditions of the permit,
1735 order, or approval as established through the issuance of a
1736 warning letter or notice of violation, the initiation of formal
1737 enforcement, or other equivalent action by the authorizing
1738 agency.
1739 (5) Permits, development orders, and other land use
1740 approvals that are extended and renewed under this section shall
1741 continue to be governed by rules in effect at the time the
1742 permit, order, or approval was issued. This subsection applies
1743 to any modification of the plans, terms, and conditions of such
1744 permit, development order, or other land use approval which
1745 lessens the environmental impact, except that any such
1746 modification does not extend the permit, order, or other land
1747 use approval beyond the 2 years authorized under subsection (1).
1748 Section 11. This act shall take effect July 1, 2009.