Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 1792
       
       
       
       
       
       
                                Barcode 352282                          
       
                              LEGISLATIVE ACTION                        
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 54 and 55
    4  insert:
    5         Section 5. Paragraph (e) of subsection (15) of section
    6  380.06, Florida Statutes, is amended to read:
    7         380.06 Developments of regional impact.—
    8         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
    9         (e)1. A local government shall not include, as a
   10  development order condition for a development of regional
   11  impact, any requirement that a developer contribute or pay for
   12  land acquisition or construction or expansion of public
   13  facilities or portions thereof unless the local government has
   14  enacted a local ordinance which requires other development not
   15  subject to this section to contribute its proportionate share of
   16  the funds, land, or public facilities necessary to accommodate
   17  any impacts having a rational nexus to the proposed development,
   18  and the need to construct new facilities or add to the present
   19  system of public facilities must be reasonably attributable to
   20  the proposed development.
   21         2. A local government shall not approve a development of
   22  regional impact that does not make adequate provision for the
   23  public facilities needed to accommodate the impacts of the
   24  proposed development unless the local government includes in the
   25  development order a commitment by the local government to
   26  provide these facilities consistently with the development
   27  schedule approved in the development order; however, a local
   28  government’s failure to meet the requirements of subparagraph 1.
   29  and this subparagraph shall not preclude the issuance of a
   30  development order where adequate provision is made by the
   31  developer for the public facilities needed to accommodate the
   32  impacts of the proposed development. Any funds or lands
   33  contributed by a developer must be expressly designated and used
   34  to accommodate impacts reasonably attributable to the proposed
   35  development. However, in an existing development of regional
   36  impact, a charter school may pay transportation impact fees to
   37  the county through a plat note amendment process if the county
   38  has an adopted transportation concurrency management system.
   39         3. The Department of Community Affairs and other state and
   40  regional agencies involved in the administration and
   41  implementation of this act shall cooperate and work with units
   42  of local government in preparing and adopting local impact fee
   43  and other contribution ordinances.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46         And the title is amended as follows:
   47         Delete line 7
   48  and insert:
   49         made by the act; allowing a charter school to pay
   50         transportation impact fees to the county through a
   51         plat note amendment under certain conditions;
   52         providing an effective date.