Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for SB 582
Barcode 369526
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 11/AD/2R .
04/24/2009 02:51 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Bennett moved the following:
1 Senate Amendment (with title amendment)
2
3 After line 99
4 insert:
5 Section 3. Paragraphs (a) and (b) of subsection (12) and
6 paragraph (i) of subsection (16) of section 163.3180, Florida
7 Statutes, are created to read:
8 163.3180 Concurrency.—
9 (12) (a) A development of regional impact may satisfy the
10 transportation concurrency requirements of the local
11 comprehensive plan, the local government’s concurrency
12 management system, and s. 380.06 by payment of a proportionate
13 share contribution for local and regionally significant traffic
14 impacts, if:
15 1.(a) The development of regional impact which, based on
16 its location or mix of land uses, is designed to encourage
17 pedestrian or other nonautomotive modes of transportation;
18 2.(b) The proportionate-share contribution for local and
19 regionally significant traffic impacts is sufficient to pay for
20 one or more required mobility improvements that will benefit a
21 regionally significant transportation facility;
22 3.(c) The owner and developer of the development of
23 regional impact pays or assures payment of the proportionate
24 share contribution; and
25 4.(d) If the regionally significant transportation facility
26 to be constructed or improved is under the maintenance authority
27 of a governmental entity, as defined by s. 334.03(12), other
28 than the local government with jurisdiction over the development
29 of regional impact, the developer is required to enter into a
30 binding and legally enforceable commitment to transfer funds to
31 the governmental entity having maintenance authority or to
32 otherwise assure construction or improvement of the facility.
33
34 The proportionate-share contribution may be applied to any
35 transportation facility to satisfy the provisions of this
36 subsection and the local comprehensive plan, but, for the
37 purposes of this subsection, the amount of the proportionate
38 share contribution shall be calculated based upon the cumulative
39 number of trips from the proposed development expected to reach
40 roadways during the peak hour from the complete buildout of a
41 stage or phase being approved, divided by the change in the peak
42 hour maximum service volume of roadways resulting from
43 construction of an improvement necessary to maintain the adopted
44 level of service, multiplied by the construction cost, at the
45 time of developer payment, of the improvement necessary to
46 maintain the adopted level of service. For purposes of this
47 subsection, “construction cost” includes all associated costs of
48 the improvement. Proportionate-share mitigation shall be limited
49 to ensure that a development of regional impact meeting the
50 requirements of this subsection mitigates its impact on the
51 transportation system but is not responsible for the additional
52 cost of reducing or eliminating backlogs. This subsection also
53 applies to Florida Quality Developments pursuant to s. 380.061
54 and to detailed specific area plans implementing optional sector
55 plans pursuant to s. 163.3245.
56 (b) As used in this subsection, the term “backlog” means a
57 facility or facilities on which the adopted level-of-service
58 standard is exceeded by the existing trips, plus additional
59 projected background trips from any source other than the
60 development project under review that are forecast by
61 established traffic standards, including traffic modeling,
62 consistent with the University of Florida Bureau of Economic and
63 Business Research medium population projections. Additional
64 projected background trips are to be coincident with the
65 particular stage or phase of development under review.
66 (16) It is the intent of the Legislature to provide a
67 method by which the impacts of development on transportation
68 facilities can be mitigated by the cooperative efforts of the
69 public and private sectors. The methodology used to calculate
70 proportionate fair-share mitigation under this section shall be
71 as provided for in subsection (12).
72 (i) As used in this subsection, the term “backlog” means a
73 facility or facilities on which the adopted level-of-service
74 standard is exceeded by the existing trips, plus additional
75 projected background trips from any source other than the
76 development project under review that are forecast by
77 established traffic standards, including traffic modeling,
78 consistent with the University of Florida Bureau of Economic and
79 Business Research medium population projections. Additional
80 projected background trips are to be coincident with the
81 particular stage or phase of development under review.
82
83 ================= T I T L E A M E N D M E N T ================
84 And the title is amended as follows:
85 Between lines 18 and 19
86 insert:
87 amending s. 163.3180, F.S.; providing a definition for
88 "backlog";
89