Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 424
       
       
       
       
       
       
                                Barcode 842072                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 393 and 394
    4  insert:
    5         Section 5. Subsection (2) of section 163.3182, Florida
    6  Statutes, is amended to read:
    7         163.3182 Transportation concurrency backlogs.—
    8         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
    9  AUTHORITIES.—
   10         (a) A county or municipality may create a transportation
   11  concurrency backlog authority if it has an identified
   12  transportation concurrency backlog.
   13         (b)No later than 2012, a local government that has an
   14  identified transportation concurrency backlog shall adopt one or
   15  more transportation concurrency backlog areas as part of the
   16  local government’s capital improvements element update to its
   17  submission of financial feasibility to the state land planning
   18  agency. Any additional areas that a local government creates
   19  shall be submitted biannually to the state land planning agency
   20  until the local government has demonstrated, no later than 2027,
   21  that the backlog existing in 2012 has been mitigated through
   22  construction or planned construction of the necessary
   23  transportation mobility improvements. If a local government is
   24  unable to meet the biannual requirements of the capital
   25  improvements element update for new areas as a result of
   26  economic conditions, the local government may request from the
   27  state land planning agency a one-time waiver of the requirement
   28  to file the biannual creation of new transportation concurrency
   29  backlog authority areas.
   30         (c)Landowners or developers within a large-scale
   31  development area of 500 cumulative acres or more may request the
   32  local government to create a transportation concurrency backlog
   33  area for the development area for roadways significantly
   34  affected by traffic from the development if those roadways are
   35  or will be backlogged as defined by s. 163.3164(34). If a
   36  development permit is issued or a comprehensive plan amendment
   37  is approved within the development area, the local government
   38  shall designate the transportation concurrency backlog area
   39  unless the funding is insufficient to address one or more
   40  transportation capacity improvements necessary to satisfy the
   41  additional deficiencies coexisting or anticipated with the new
   42  development. The transportation concurrency backlog area shall
   43  be created by ordinance and shall be used to satisfy all
   44  proportionate share or proportionate fair-share transportation
   45  concurrency contributions of the development not otherwise
   46  satisfied by impact fees. The local government shall manage the
   47  area acting as a transportation concurrency backlog authority
   48  and all applicable provisions of this section apply, except that
   49  the tax increment shall be used to satisfy transportation
   50  concurrency requirements not otherwise satisfied by impact fees.
   51         (d)(b) Acting as the transportation concurrency backlog
   52  authority within the authority’s jurisdictional boundary, the
   53  governing body of a county or municipality shall adopt and
   54  implement a plan to eliminate all identified transportation
   55  concurrency backlogs within the authority’s jurisdiction using
   56  funds provided pursuant to subsection (5) and as otherwise
   57  provided pursuant to this section.
   58         (e)Notwithstanding any general law, special act, or
   59  ordinance to the contrary, a local government may not require
   60  any payments for transportation concurrency exceeding a
   61  development’s traffic impacts as identified pursuant to impact
   62  fees or s. 163.3180(12) or (16) and may not require such
   63  payments as a condition of a development order or permit. If
   64  such payments required to satisfy a development’s share of
   65  transportation concurrency costs do not mitigate all traffic
   66  impacts of the planned development area because of existing or
   67  future backlog conditions, the owner or developer may petition
   68  the local government for designation of a transportation
   69  concurrency backlog area pursuant to this section, which shall
   70  satisfy any remaining concurrency backlog requirements in the
   71  impacted area.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74         And the title is amended as follows:
   75         Delete line 18
   76  and insert:
   77         circumstances; amending s. 163.3182, F.S.; revising
   78         provisions relating to transportation concurrency
   79         backlog authorities; requiring that a local government
   80         adopt one or more transportation concurrency backlog
   81         areas as part its capital improvements element update;
   82         requiring that a local government biannually submit
   83         new areas to the state land planning agency until
   84         certain conditions are met; providing an exception;
   85         providing for certain landowners or developers to
   86         request a transportation concurrency backlog area for
   87         a development area; prohibiting a local government
   88         from requiring payments for transportation concurrency
   89         which exceed the costs of mitigating traffic impacts;
   90         amending s. 337.11, F.S.; providing for