Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1306
       
       
       
       
       
       
                                Barcode 317306                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (29) and (32) of section 163.3164,
    6  Florida Statutes, are amended, and subsections (34), (35), and
    7  (36) are added to that section, to read:
    8         163.3164 Local Government Comprehensive Planning and Land
    9  Development Regulation Act; definitions.—As used in this act:
   10         (29) “Existing Urban service area” means built-up areas
   11  where public facilities and services, including, but not limited
   12  to, central water and sewer such as sewage treatment systems,
   13  roads, schools, and recreation areas are already in place. In
   14  addition, for a county that qualifies as a dense urban land area
   15  under subsection (34), the nonrural area of the county, which
   16  has been adopted into the county charter as a rural area, or
   17  areas identified in the comprehensive plan as urban service
   18  areas or urban growth boundaries on or before July, 1, 2009, are
   19  also urban service areas under this definition.
   20         (32) “Financial feasibility” means that sufficient revenues
   21  are currently available or will be available from committed
   22  funding sources for the first 3 years, or will be available from
   23  committed or planned funding sources for years 4 and 5, of a 5
   24  year capital improvement schedule for financing capital
   25  improvements, including such as ad valorem taxes, bonds, state
   26  and federal funds, tax revenues, impact fees, and developer
   27  contributions, which are adequate to fund the projected costs of
   28  the capital improvements identified in the comprehensive plan
   29  and necessary to ensure that adopted level-of-service standards
   30  are achieved and maintained within the period covered by the 5
   31  year schedule of capital improvements. A comprehensive plan or
   32  comprehensive plan amendment shall be deemed financially
   33  feasible for transportation and school facilities throughout the
   34  planning period addressed by the capital improvements schedule
   35  if it can be demonstrated that the level-of-service standards
   36  will be achieved and maintained by the end of the planning
   37  period even if in a particular year such improvements are not
   38  concurrent as required by s. 163.3180. A comprehensive plan
   39  shall be deemed financially feasible for school facilities
   40  throughout the planning period addressed by the capital
   41  improvements schedule if it can be demonstrated that the level
   42  of-service standards will be achieved and maintained by the end
   43  of the planning period, even if in a particular year such
   44  improvements are not concurrent as required in s. 163.3180.
   45         (34)“Dense urban land area” means:
   46         (a)A municipality that has an average of at least 1,000
   47  people per square mile of area and a minimum total population of
   48  at least 5,000;
   49         (b)A county, including the municipalities located therein,
   50  which has an average of at least 1,000 people per square mile of
   51  land area; or
   52         (c)A county, including the municipalities located therein,
   53  which has a population of at least 1 million.
   54  
   55  The Office of Economic and Demographic Research within the
   56  Legislature shall annually calculate the population and density
   57  criteria needed to determine which jurisdictions qualify as
   58  dense urban land areas by using the most recent land area data
   59  from the decennial census conducted by the Bureau of the Census
   60  of the United States Department of Commerce and the latest
   61  available population estimates determined pursuant to s.
   62  186.901. If any local government has had an annexation,
   63  contraction, or new incorporation, the Office of Economic and
   64  Demographic Research shall determine the population density
   65  using the new jurisdictional boundaries as recorded in
   66  accordance with s. 171.091. The Office of Economic and
   67  Demographic Research shall submit to the state land planning
   68  agency a list of jurisdictions that meet the total population
   69  and density criteria necessary for designation as a dense urban
   70  land area by July 1, 2009, and every year thereafter. The state
   71  land planning agency shall publish the list of jurisdictions on
   72  its Internet website within 7 days after the list is received.
   73  The designation of a jurisdictions that qualifies or does not
   74  qualify as a dense urban land area is effective upon publication
   75  on the state land planning agency’s Internet website.
   76         (35)“Backlog” or “backlogged transportation facility”
   77  means a facility or facilities on which the adopted level-of
   78  service standard is exceeded by the existing trips plus
   79  background trips.
   80         (36)“Background trips” means trips other than existing
   81  trips from any source other than the development project under
   82  review which are forecast by established traffic modeling
   83  standards to be coincident with the particular stage or phase of
   84  the development under review.
   85         Section 2. Paragraph (e) of subsection (3) of section
   86  163.3177, Florida Statutes, is amended, and paragraph (f) is
   87  added to that subsection, to read:
   88         163.3177 Required and optional elements of comprehensive
   89  plan; studies and surveys.—
   90         (3)(e) At the discretion of the local government and
   91  notwithstanding the requirements in of this subsection, a
   92  comprehensive plan, as revised by an amendment to the plan’s
   93  future land use map, shall be deemed to be financially feasible
   94  and to have achieved and maintained level-of-service standards
   95  as required in by this section with respect to transportation
   96  facilities if the amendment to the future land use map is
   97  supported by a:
   98         1. Condition in a development order for a development of
   99  regional impact or binding agreement that addresses
  100  proportionate-share mitigation consistent with s. 163.3180(12);
  101  or
  102         2. Binding agreement addressing proportionate fair-share
  103  mitigation consistent with s. 163.3180(16)(g) s. 163.3180(16)(f)
  104  and the property subject to the amendment to the future land use
  105  map is located within an area designated in a comprehensive plan
  106  for urban infill, urban redevelopment, downtown revitalization,
  107  urban infill and redevelopment, or an urban service area. The
  108  binding agreement must be based on the maximum amount of
  109  development identified by the future land use map amendment or
  110  as may be otherwise restricted through a special area plan
  111  policy or map notation in the comprehensive plan.
  112         (f)A local government’s comprehensive plan and plan
  113  amendments for land uses within all transportation concurrency
  114  exception areas that are designated and maintained in accordance
  115  with s. 163.3180(5) shall be deemed to meet the requirement in
  116  this section to achieve and maintain level-of-service standards
  117  for transportation.
  118         Section 3. Section 163.3180, Florida Statutes, is amended
  119  to read:
  120         163.3180 Concurrency.—
  121         (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.—
  122         (a) Public facility types.Sanitary sewer, solid waste,
  123  drainage, potable water, parks and recreation, schools, and
  124  transportation facilities, including mass transit, where
  125  applicable, are the only public facilities and services subject
  126  to the concurrency requirement on a statewide basis. Additional
  127  public facilities and services are may not be made subject to
  128  concurrency on a statewide basis without appropriate study and
  129  approval by the Legislature; however, any local government may
  130  extend the concurrency requirement so that it applies to apply
  131  to additional public facilities within its jurisdiction.
  132         (b) Transportation methodologies.Local governments shall
  133  use professionally accepted techniques for measuring level of
  134  service for automobiles, bicycles, pedestrians, transit, and
  135  trucks. These techniques may be used to evaluate increased
  136  accessibility by multiple modes and reductions in vehicle miles
  137  of travel in an area or zone. The state land planning agency and
  138  the Department of Transportation shall develop methodologies to
  139  assist local governments in implementing this multimodal level
  140  of-service analysis and. The Department of Community Affairs and
  141  the Department of Transportation shall provide technical
  142  assistance to local governments in applying the these
  143  methodologies.
  144         (2) PUBLIC FACILITY AVAILABILITY STANDARDS.—
  145         (a) Sanitary sewer, solid waste, drainage, adequate water
  146  supply, and potable water facilities.Consistent with public
  147  health and safety, sanitary sewer, solid waste, drainage,
  148  adequate water supplies, and potable water facilities shall be
  149  in place and available to serve new development no later than
  150  the date on which issuance by the local government issues of a
  151  certificate of occupancy or its functional equivalent. Before
  152  approving Prior to approval of a building permit or its
  153  functional equivalent, the local government shall consult with
  154  the applicable water supplier to determine whether adequate
  155  water supplies to serve the new development will be available by
  156  no later than the anticipated date of issuance by the local
  157  government of the a certificate of occupancy or its functional
  158  equivalent. A local government may meet the concurrency
  159  requirement for sanitary sewer through the use of onsite sewage
  160  treatment and disposal systems approved by the Department of
  161  Health to serve new development.
  162         (b) Parks and recreation facilities.Consistent with the
  163  public welfare, and except as otherwise provided in this
  164  section, parks and recreation facilities to serve new
  165  development shall be in place or under actual construction
  166  within no later than 1 year after issuance by the local
  167  government issues of a certificate of occupancy or its
  168  functional equivalent. However, the acreage for such facilities
  169  must shall be dedicated or be acquired by the local government
  170  before it issues prior to issuance by the local government of
  171  the a certificate of occupancy or its functional equivalent, or
  172  funds in the amount of the developer’s fair share shall be
  173  committed no later than the date on which the local government
  174  approves commencement of government’s approval to commence
  175  construction.
  176         (c) Transportation facilities.Consistent with the public
  177  welfare, and except as otherwise provided in this section,
  178  transportation facilities needed to serve new development must
  179  shall be in place or under actual construction within 3 years
  180  after the local government approves a building permit or its
  181  functional equivalent that results in traffic generation.
  182         (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.—Governmental
  183  entities that are not responsible for providing, financing,
  184  operating, or regulating public facilities needed to serve
  185  development may not establish binding level-of-service standards
  186  to apply to on governmental entities that do bear those
  187  responsibilities. This subsection does not limit the authority
  188  of any agency to recommend or make objections, recommendations,
  189  comments, or determinations during reviews conducted under s.
  190  163.3184.
  191         (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.—
  192         (a) State and other public facilities.The concurrency
  193  requirement as implemented in local comprehensive plans applies
  194  to state and other public facilities and development to the same
  195  extent that it applies to all other facilities and development,
  196  as provided by law.
  197         (b) Public transit facilities.The concurrency requirement
  198  as implemented in local comprehensive plans does not apply to
  199  public transit facilities. For the purposes of this paragraph,
  200  public transit facilities include transit stations and
  201  terminals; transit station parking; park-and-ride lots;
  202  intermodal public transit connection or transfer facilities;
  203  fixed bus, guideway, and rail stations; and airport passenger
  204  terminals and concourses, air cargo facilities, and hangars for
  205  the maintenance or storage of aircraft. As used in this
  206  paragraph, the terms “terminals” and “transit facilities” do not
  207  include seaports or commercial or residential development
  208  constructed in conjunction with a public transit facility.
  209         (c) Infill and redevelopment areas.The concurrency
  210  requirement, except as it relates to transportation facilities
  211  and public schools, as implemented in local government
  212  comprehensive plans, may be waived by a local government for
  213  urban infill and redevelopment areas designated pursuant to s.
  214  163.2517 if such a waiver does not endanger public health or
  215  safety as defined by the local government in the its local
  216  government’s government comprehensive plan. The waiver must
  217  shall be adopted as a plan amendment using pursuant to the
  218  process set forth in s. 163.3187(3)(a). A local government may
  219  grant a concurrency exception pursuant to subsection (5) for
  220  transportation facilities located within these urban infill and
  221  redevelopment areas. Affordable housing developments that serve
  222  residents who have incomes at or below 60 percent of the area
  223  median income and are proposed to be located on arterial
  224  roadways that have public transit available are exempt from
  225  transportation concurrency requirements.
  226         (5) COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.—
  227         (a) The Legislature finds that under limited circumstances
  228  dealing with transportation facilities, countervailing planning
  229  and public policy goals may come into conflict with the
  230  requirement that adequate public transportation facilities and
  231  services be available concurrent with the impacts of such
  232  development. The Legislature further finds that often the
  233  unintended result of the concurrency requirement for
  234  transportation facilities is often the discouragement of urban
  235  infill development and redevelopment. Such unintended results
  236  directly conflict with the goals and policies of the state
  237  comprehensive plan and the intent of this part. The Legislature
  238  also finds that in urban centers transportation cannot be
  239  effectively managed and mobility cannot be improved solely
  240  through the expansion of roadway capacity, that the expansion of
  241  roadway capacity is not always physically or financially
  242  possible, and that a range of transportation alternatives are
  243  essential to satisfy mobility needs, reduce congestion, and
  244  achieve healthy, vibrant centers. Therefore, exceptions from the
  245  concurrency requirement for transportation facilities may be
  246  granted as provided by this subsection.
  247         (b)1.The following are transportation concurrency
  248  exception areas:
  249         a.A municipality that qualifies as a dense urban land area
  250  under s. 163.3164(34);
  251         b.An urban service area under s. 163.3164(29) which has
  252  been adopted into the local comprehensive plan and is located
  253  within a county that qualifies as a dense urban land area under
  254  s. 163.3164(34); and
  255         c.A county, including the municipalities located therein,
  256  which has a population of at least 900,000 and qualifies as a
  257  dense urban land area under s. 163.3164(34), but does not have
  258  an urban service area designated in the local comprehensive
  259  plan.
  260         2.A municipality that does not qualify as a dense urban
  261  land area pursuant to s. 163.3164(34) may designate in its local
  262  comprehensive plan the following areas as transportation
  263  concurrency exception areas:
  264         a.Urban infill as defined in s. 163.3164(27);
  265         b.Community redevelopment areas as defined in s.
  266  163.340(10);
  267         c.Downtown revitalization areas as defined in s.
  268  163.3164(25);
  269         d.Urban infill and redevelopment under s. 163.2517; or
  270         e.Urban service areas as defined in s. 163.3164(29) or
  271  areas within a designated urban service boundary under s.
  272  163.3177(14).
  273         3.A county that does not qualify as a dense urban land
  274  area pursuant to s. 163.3164(34) may designate in its local
  275  comprehensive plan the following areas as transportation
  276  concurrency exception areas:
  277         a.Urban infill as defined in s. 163.3164(27);
  278         b.Urban infill and redevelopment under s. 163.2517; or
  279         c.Urban service areas as defined in s. 163.3164(29).
  280         4.A local government that has a transportation concurrency
  281  exception area designated pursuant to subparagraph 1.,
  282  subparagraph 2., or subparagraph 3. must, within 2 years after
  283  the designated area becomes exempt, adopt into its local
  284  comprehensive plan land use and transportation strategies to
  285  support and fund mobility within the exception area, including
  286  alternative modes of transportation. Local governments are
  287  encouraged to adopt complementary land use and transportation
  288  strategies that reflect the region’s shared vision for its
  289  future. If the state land planning agency finds insufficient
  290  cause for the failure to adopt into its comprehensive plan land
  291  use and transportation strategies to support and fund mobility
  292  within the designated exception area after 2 years, it shall
  293  submit the finding to the Administration Commission, which may
  294  impose any of the sanctions set forth in s. 163.3184(11)(a) and
  295  (b) against the local government.
  296         5.Transportation concurrency exception areas designated
  297  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  298  not apply to designated transportation concurrency districts
  299  located within a county that has a population of at least 1.5
  300  million, has implemented and uses a transportation-related
  301  concurrency assessment to support alternative modes of
  302  transportation, including, but not limited to, mass transit, and
  303  does not levy transportation impact fees within the concurrency
  304  district.
  305         6. A local government that does not have a transportation
  306  concurrency exception area designated pursuant to subparagraph
  307  1., subparagraph 2., or subparagraph 3. may grant an exception
  308  from the concurrency requirement for transportation facilities
  309  if the proposed development is otherwise consistent with the
  310  adopted local government comprehensive plan and is a project
  311  that promotes public transportation or is located within an area
  312  designated in the comprehensive plan for:
  313         a.1. Urban infill development;
  314         b.2. Urban redevelopment;
  315         c.3. Downtown revitalization;
  316         d.4. Urban infill and redevelopment under s. 163.2517; or
  317         e.5. An urban service area specifically designated as a
  318  transportation concurrency exception area which includes lands
  319  appropriate for compact, contiguous urban development, which
  320  does not exceed the amount of land needed to accommodate the
  321  projected population growth at densities consistent with the
  322  adopted comprehensive plan within the 10-year planning period,
  323  and which is served or is planned to be served with public
  324  facilities and services as provided by the capital improvements
  325  element.
  326         (c) The Legislature also finds that developments located
  327  within urban infill, urban redevelopment, existing urban
  328  service, or downtown revitalization areas or areas designated as
  329  urban infill and redevelopment areas under s. 163.2517, which
  330  pose only special part-time demands on the transportation
  331  system, are exempt should be excepted from the concurrency
  332  requirement for transportation facilities. A special part-time
  333  demand is one that does not have more than 200 scheduled events
  334  during any calendar year and does not affect the 100 highest
  335  traffic volume hours.
  336         (d) Except for transportation concurrency exception areas
  337  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  338  or subparagraph (b)3., the following requirements apply: A local
  339  government shall establish guidelines in the comprehensive plan
  340  for granting the exceptions authorized in paragraphs (b) and (c)
  341  and subsections (7) and (15) which must be consistent with and
  342  support a comprehensive strategy adopted in the plan to promote
  343  the purpose of the exceptions.
  344         1.(e) The local government shall both adopt into the
  345  comprehensive plan and implement long-term strategies to support
  346  and fund mobility within the designated exception area,
  347  including alternative modes of transportation. The plan
  348  amendment must also demonstrate how strategies will support the
  349  purpose of the exception and how mobility within the designated
  350  exception area will be provided.
  351         2.In addition, The strategies must address urban design;
  352  appropriate land use mixes, including intensity and density; and
  353  network connectivity plans needed to promote urban infill,
  354  redevelopment, or downtown revitalization. The comprehensive
  355  plan amendment designating the concurrency exception area must
  356  be accompanied by data and analysis justifying the size of the
  357  area.
  358         (e)(f)Before designating Prior to the designation of a
  359  concurrency exception area pursuant to subparagraph (b)6., the
  360  state land planning agency and the Department of Transportation
  361  shall be consulted by the local government to assess the impact
  362  that the proposed exception area is expected to have on the
  363  adopted level-of-service standards established for regional
  364  transportation facilities identified pursuant to s. 186.507,
  365  including the Strategic Intermodal System facilities, as defined
  366  in s. 339.64, and roadway facilities funded in accordance with
  367  s. 339.2819. Further, the local government shall provide a plan
  368  for the mitigation of, in consultation with the state land
  369  planning agency and the Department of Transportation, develop a
  370  plan to mitigate any impacts to the Strategic Intermodal System,
  371  including, if appropriate, access management, parallel reliever
  372  roads, transportation demand management, and other measures the
  373  development of a long-term concurrency management system
  374  pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
  375  may be available only within the specific geographic area of the
  376  jurisdiction designated in the plan. Pursuant to s. 163.3184,
  377  any affected person may challenge a plan amendment establishing
  378  these guidelines and the areas within which an exception could
  379  be granted.
  380         (g)Transportation concurrency exception areas existing
  381  prior to July 1, 2005, must, at a minimum, meet the provisions
  382  of this section by July 1, 2006, or at the time of the
  383  comprehensive plan update pursuant to the evaluation and
  384  appraisal report, whichever occurs last.
  385         (f)The designation of a transportation concurrency
  386  exception area does not limit a local government’s home rule
  387  power to adopt ordinances or impose fees. This subsection does
  388  not affect any contract or agreement entered into or development
  389  order rendered before the creation of the transportation
  390  concurrency exception area except as provided in s.
  391  380.06(29)(e).
  392         (g)The Office of Program Policy Analysis and Government
  393  Accountability shall submit to the President of the Senate and
  394  the Speaker of the House of Representatives by February 1, 2015,
  395  a report on transportation concurrency exception areas created
  396  pursuant to this subsection. At a minimum, the report shall
  397  address the methods that local governments have used to
  398  implement and fund transportation strategies to achieve the
  399  purposes of designated transportation concurrency exception
  400  areas and the effects of the strategies on mobility, congestion,
  401  urban design, the density and intensity of land use mixes, and
  402  network connectivity plans used to promote urban infill,
  403  redevelopment, or downtown revitalization.
  404         (6) DE MINIMIS IMPACT.—The Legislature finds that a de
  405  minimis impact is consistent with this part. A de minimis impact
  406  is an impact that does would not affect more than 1 percent of
  407  the maximum volume at the adopted level of service of the
  408  affected transportation facility as determined by the local
  409  government. An No impact is not will be de minimis if the sum of
  410  existing roadway volumes and the projected volumes from approved
  411  projects on a transportation facility exceeds would exceed 110
  412  percent of the maximum volume at the adopted level of service of
  413  the affected transportation facility; provided however, the that
  414  an impact of a single family home on an existing lot is will
  415  constitute a de minimis impact on all roadways regardless of the
  416  level of the deficiency of the roadway. Further, an no impact is
  417  not will be de minimis if it exceeds would exceed the adopted
  418  level-of-service standard of any affected designated hurricane
  419  evacuation routes. Each local government shall maintain
  420  sufficient records to ensure that the 110-percent criterion is
  421  not exceeded. Each local government shall submit annually, with
  422  its updated capital improvements element, a summary of the de
  423  minimis records. If the state land planning agency determines
  424  that the 110-percent criterion has been exceeded, the state land
  425  planning agency shall notify the local government of the
  426  exceedance and that no further de minimis exceptions for the
  427  applicable roadway may be granted until such time as the volume
  428  is reduced below the 110 percent. The local government shall
  429  provide proof of this reduction to the state land planning
  430  agency before issuing further de minimis exceptions.
  431         (7) CONCURRENCY MANAGEMENT AREAS.—In order to promote urban
  432  development and infill development and redevelopment, one or
  433  more transportation concurrency management areas may be
  434  designated in a local government comprehensive plan. A
  435  transportation concurrency management area must be a compact
  436  geographic area that has with an existing network of roads where
  437  multiple, viable alternative travel paths or modes are available
  438  for common trips. A local government may establish an areawide
  439  level-of-service standard for such a transportation concurrency
  440  management area based upon an analysis that provides for a
  441  justification for the areawide level of service, how urban
  442  infill development, infill, and or redevelopment will be
  443  promoted, and how mobility will be accomplished within the
  444  transportation concurrency management area. Before Prior to the
  445  designation of a concurrency management area is designated, the
  446  local government shall consult with the state land planning
  447  agency and the Department of Transportation shall be consulted
  448  by the local government to assess the impact that the proposed
  449  concurrency management area is expected to have on the adopted
  450  level-of-service standards established for Strategic Intermodal
  451  System facilities, as defined in s. 339.64, and roadway
  452  facilities funded in accordance with s. 339.2819. Further, the
  453  local government shall, in cooperation with the state land
  454  planning agency and the Department of Transportation, develop a
  455  plan to mitigate any impacts to the Strategic Intermodal System,
  456  including, if appropriate, the development of a long-term
  457  concurrency management system pursuant to subsection (9) and s.
  458  163.3177(3)(d). Transportation concurrency management areas
  459  existing prior to July 1, 2005, shall meet, at a minimum, the
  460  provisions of this section by July 1, 2006, or at the time of
  461  the comprehensive plan update pursuant to the evaluation and
  462  appraisal report, whichever occurs last. The state land planning
  463  agency shall amend chapter 9J-5, Florida Administrative Code, to
  464  be consistent with this subsection.
  465         (8) URBAN REDEVELOPMENT.—When assessing the transportation
  466  impacts of proposed urban redevelopment within an established
  467  existing urban service area, 150 110 percent of the actual
  468  transportation impact caused by the previously existing
  469  development must be reserved for the redevelopment, even if the
  470  previously existing development had has a lesser or nonexisting
  471  impact pursuant to the calculations of the local government.
  472  Redevelopment requiring less than 150 110 percent of the
  473  previously existing capacity shall not be prohibited due to the
  474  reduction of transportation levels of service below the adopted
  475  standards. This does not preclude the appropriate assessment of
  476  fees or accounting for the impacts within the concurrency
  477  management system and capital improvements program of the
  478  affected local government. This subsection paragraph does not
  479  affect local government requirements for appropriate development
  480  permits.
  481         (9)(a) LONG-TERM CONCURRENCY MANAGEMENT.—Each local
  482  government may adopt, as a part of its plan, long-term
  483  transportation and school concurrency management systems that
  484  have with a planning period of up to 10 years for specially
  485  designated districts or areas where significant backlogs exist.
  486  The plan may include interim level-of-service standards on
  487  certain facilities and must shall rely on the local government’s
  488  schedule of capital improvements for up to 10 years as a basis
  489  for issuing development orders authorizing the that authorize
  490  commencement of construction in the these designated districts
  491  or areas. The concurrency management system must be designed to
  492  correct existing deficiencies and set priorities for addressing
  493  backlogged facilities. The concurrency management system must be
  494  financially feasible and consistent with other portions of the
  495  adopted local plan, including the future land use map.
  496         (b) If a local government has a transportation or school
  497  facility backlog for existing development which cannot be
  498  adequately addressed in a 10-year plan, the state land planning
  499  agency may allow the local government it to develop a plan and
  500  long-term schedule of capital improvements covering up to 15
  501  years for good and sufficient cause. The state land planning
  502  agency’s determination must be, based on a general comparison
  503  between the that local government and all other similarly
  504  situated local jurisdictions, using the following factors: 1.
  505  The extent of the backlog. 2. For roads, whether the backlog is
  506  on local or state roads. 3. The cost of eliminating the backlog.
  507  4. The local government’s tax and other revenue-raising efforts.
  508         (c) The local government may issue approvals to commence
  509  construction notwithstanding this section, consistent with and
  510  in areas that are subject to a long-term concurrency management
  511  system.
  512         (d) If the local government adopts a long-term concurrency
  513  management system, it must evaluate the system periodically. At
  514  a minimum, the local government must assess its progress toward
  515  improving levels of service within the long-term concurrency
  516  management district or area in the evaluation and appraisal
  517  report and determine any changes that are necessary to
  518  accelerate progress in meeting acceptable levels of service.
  519         (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.—With regard
  520  to roadway facilities on the Strategic Intermodal System which
  521  are designated in accordance with s. 339.63 ss. 339.61, 339.62,
  522  339.63, and 339.64, the Florida Intrastate Highway System as
  523  defined in s. 338.001, and roadway facilities funded in
  524  accordance with s. 339.2819, local governments shall adopt the
  525  level-of-service standard established by the Department of
  526  Transportation by rule; however, if a project involves qualified
  527  jobs created and certified by the Office of Tourism, Trade, and
  528  Economic Development or if the project is a nonresidential
  529  project located within an area designated by the Governor as a
  530  rural area of critical economic concern under s. 288.0656(7),
  531  the affected local government, after consulting with the
  532  Department of Transportation, may adopt into its comprehensive
  533  plan a lower level-of-service standard than the standard adopted
  534  by the Department of Transportation. The lower level-of-service
  535  standard shall apply only to a project conducted under the
  536  Office of Tourism, Trade, and Economic Development. For all
  537  other roads on the State Highway System, local governments shall
  538  establish an adequate level-of-service standard that need not be
  539  consistent with any level-of-service standard established by the
  540  Department of Transportation. In establishing adequate level-of
  541  service standards for any arterial roads, or collector roads as
  542  appropriate, which traverse multiple jurisdictions, local
  543  governments shall consider compatibility with the roadway
  544  facility’s adopted level-of-service standards in adjacent
  545  jurisdictions. Each local government within a county shall use a
  546  professionally accepted methodology for measuring impacts on
  547  transportation facilities for the purposes of implementing its
  548  concurrency management system. Counties are encouraged to
  549  coordinate with adjacent counties, and local governments within
  550  a county are encouraged to coordinate, for the purpose of using
  551  common methodologies for measuring impacts on transportation
  552  facilities and for the purpose of implementing their concurrency
  553  management systems.
  554         (11) LIMITATION OF LIABILITY.—In order to limit a local
  555  government’s the liability of local governments, the a local
  556  government shall may allow a landowner to proceed with the
  557  development of a specific parcel of land notwithstanding a
  558  failure of the development to satisfy transportation
  559  concurrency, if when all the following factors are shown to
  560  exist:
  561         (a) The local government having with jurisdiction over the
  562  property has adopted a local comprehensive plan that is in
  563  compliance.
  564         (b) The proposed development is would be consistent with
  565  the future land use designation for the specific property and
  566  with pertinent portions of the adopted local plan, as determined
  567  by the local government.
  568         (c) The local plan includes a financially feasible capital
  569  improvements element that provides for transportation facilities
  570  adequate to serve the proposed development, and the local
  571  government has not implemented that element.
  572         (d) The local government has provided a means for assessing
  573  by which the landowner for will be assessed a fair share of the
  574  cost of providing the transportation facilities necessary to
  575  serve the proposed development.
  576         (e) The landowner has made a binding commitment to the
  577  local government to pay the fair share of the cost of providing
  578  the transportation facilities to serve the proposed development.
  579         (12) REGIONAL IMPACT PROPORTIONATE-SHARE CONTRIBUTION.—
  580         (a) A development of regional impact satisfies may satisfy
  581  the transportation concurrency requirements of the local
  582  comprehensive plan, the local government’s concurrency
  583  management system, and s. 380.06 by paying payment of a
  584  proportionate-share contribution for local and regionally
  585  significant traffic impacts, if:
  586         1.(a) The development of regional impact which, based on
  587  its location or mix of land uses, is designed to encourage
  588  pedestrian or other nonautomotive modes of transportation;
  589         2.(b) The proportionate-share contribution for local and
  590  regionally significant traffic impacts is sufficient to pay for
  591  one or more required mobility improvements that will benefit the
  592  network of a regionally significant transportation facilities
  593  facility;
  594         3.(c) The owner and developer of the development of
  595  regional impact pays or assures payment of the proportionate-
  596  share contribution to the local government having jurisdiction
  597  over the development of regional impact; and
  598         4.(d)If The regionally significant transportation facility
  599  to be constructed or improved is under the maintenance authority
  600  of a governmental entity, as defined by s. 334.03(12), other
  601  than The local government having with jurisdiction over the
  602  development of regional impact must, the developer is required
  603  to enter into a binding and legally enforceable commitment to
  604  transfer funds to the governmental entity having maintenance
  605  authority or to otherwise assure construction or improvement of
  606  a the facility reasonably related to the mobility demands
  607  created by the development.
  608         (b) The proportionate-share contribution may be applied to
  609  any transportation facility to satisfy the provisions of this
  610  subsection and the local comprehensive plan., but, for the
  611  purposes of this subsection, The amount of the proportionate
  612  share contribution shall be calculated based upon the cumulative
  613  number of trips from the proposed new stage or phase of
  614  development expected to reach roadways during the peak hour at
  615  from the complete buildout of a stage or phase being approved,
  616  divided by two to reflect that each off-site trip represents a
  617  trip generated by another development, multiplied by the
  618  construction cost at the time of the developer payment, the
  619  product of which is divided by the change in the peak hour
  620  maximum service volume of the roadways resulting from the
  621  construction of an improvement necessary to maintain the adopted
  622  level of service, multiplied by the construction cost, at the
  623  time of developer payment, of the improvement necessary to
  624  maintain the adopted level of service. For purposes of this
  625  subparagraph subsection, the term “construction cost” includes
  626  all associated costs of the improvement. Proportionate-share
  627  mitigation shall be limited to ensure that a development of
  628  regional impact meeting the requirements of this subsection
  629  mitigates its impact on the transportation system but is not
  630  responsible for the additional cost of reducing or eliminating
  631  backlogs.
  632         1.A developer may not be required to fund or construct
  633  proportionate-share mitigation that is more extensive than
  634  mitigation necessary to offset the impact of the development
  635  project under review.
  636         2.Proportionate-share mitigation shall be applied as a
  637  credit against any transportation impact fees or exactions
  638  assessed for the traffic impacts of a development.
  639         3.Proportionate-share mitigation may be directed toward
  640  one or more specific transportation improvements reasonably
  641  related to the mobility demands created by the development and
  642  such improvements may address one or more modes of
  643  transportation.
  644         4.The payment for such improvements that significantly
  645  benefit the impacted transportation system satisfies concurrency
  646  requirements as a mitigation of the development’s stage or phase
  647  impacts upon the overall transportation system even if there
  648  remains a failure of concurrency on other impacted facilities.
  649         5. This subsection also applies to Florida Quality
  650  Developments pursuant to s. 380.061 and to detailed specific
  651  area plans implementing optional sector plans pursuant to s.
  652  163.3245.
  653         (13) SCHOOL CONCURRENCY.—School concurrency shall be
  654  established on a districtwide basis and shall include all public
  655  schools in the district and all portions of the district,
  656  whether located in a municipality or an unincorporated area
  657  unless exempt from the public school facilities element pursuant
  658  to s. 163.3177(12). The application of school concurrency to
  659  development shall be based upon the adopted comprehensive plan,
  660  as amended. All local governments within a county, except as
  661  provided in paragraph (f), shall adopt and transmit to the state
  662  land planning agency the necessary plan amendments, along with
  663  the interlocal agreement, for a compliance review pursuant to s.
  664  163.3184(7) and (8). The minimum requirements for school
  665  concurrency are the following:
  666         (a) Public school facilities element.—A local government
  667  shall adopt and transmit to the state land planning agency a
  668  plan or plan amendment which includes a public school facilities
  669  element which is consistent with the requirements of s.
  670  163.3177(12) and which is determined to be in compliance as
  671  defined in s. 163.3184(1)(b). All local government public school
  672  facilities plan elements within a county must be consistent with
  673  each other as well as the requirements of this part.
  674         (b) Level-of-service standards.—The Legislature recognizes
  675  that an essential requirement for a concurrency management
  676  system is the level of service at which a public facility is
  677  expected to operate.
  678         1. Local governments and school boards imposing school
  679  concurrency shall exercise authority in conjunction with each
  680  other to establish jointly adequate level-of-service standards,
  681  as defined in chapter 9J-5, Florida Administrative Code,
  682  necessary to implement the adopted local government
  683  comprehensive plan, based on data and analysis.
  684         2. Public school level-of-service standards shall be
  685  included and adopted into the capital improvements element of
  686  the local comprehensive plan and shall apply districtwide to all
  687  schools of the same type. Types of schools may include
  688  elementary, middle, and high schools as well as special purpose
  689  facilities such as magnet schools.
  690         3. Local governments and school boards shall have the
  691  option to utilize tiered level-of-service standards to allow
  692  time to achieve an adequate and desirable level of service as
  693  circumstances warrant.
  694         (c) Service areas.—The Legislature recognizes that an
  695  essential requirement for a concurrency system is a designation
  696  of the area within which the level of service will be measured
  697  when an application for a residential development permit is
  698  reviewed for school concurrency purposes. This delineation is
  699  also important for purposes of determining whether the local
  700  government has a financially feasible public school capital
  701  facilities program that will provide schools which will achieve
  702  and maintain the adopted level-of-service standards.
  703         1. In order to balance competing interests, preserve the
  704  constitutional concept of uniformity, and avoid disruption of
  705  existing educational and growth management processes, local
  706  governments are encouraged to initially apply school concurrency
  707  to development only on a districtwide basis so that a
  708  concurrency determination for a specific development will be
  709  based upon the availability of school capacity districtwide. To
  710  ensure that development is coordinated with schools having
  711  available capacity, within 5 years after adoption of school
  712  concurrency, local governments shall apply school concurrency on
  713  a less than districtwide basis, such as using school attendance
  714  zones or concurrency service areas, as provided in subparagraph
  715  2.
  716         2. For local governments applying school concurrency on a
  717  less than districtwide basis, such as utilizing school
  718  attendance zones or larger school concurrency service areas,
  719  local governments and school boards shall have the burden to
  720  demonstrate that the utilization of school capacity is maximized
  721  to the greatest extent possible in the comprehensive plan and
  722  amendment, taking into account transportation costs and court
  723  approved desegregation plans, as well as other factors. In
  724  addition, in order to achieve concurrency within the service
  725  area boundaries selected by local governments and school boards,
  726  the service area boundaries, together with the standards for
  727  establishing those boundaries, shall be identified and included
  728  as supporting data and analysis for the comprehensive plan.
  729         3. Where school capacity is available on a districtwide
  730  basis but school concurrency is applied on a less than
  731  districtwide basis in the form of concurrency service areas, if
  732  the adopted level-of-service standard cannot be met in a
  733  particular service area as applied to an application for a
  734  development permit and if the needed capacity for the particular
  735  service area is available in one or more contiguous service
  736  areas, as adopted by the local government, then the local
  737  government may not deny an application for site plan or final
  738  subdivision approval or the functional equivalent for a
  739  development or phase of a development on the basis of school
  740  concurrency, and if issued, development impacts shall be shifted
  741  to contiguous service areas with schools having available
  742  capacity.
  743         (d) Financial feasibility.—The Legislature recognizes that
  744  financial feasibility is an important issue because the premise
  745  of concurrency is that the public facilities will be provided in
  746  order to achieve and maintain the adopted level-of-service
  747  standard. This part and chapter 9J-5, Florida Administrative
  748  Code, contain specific standards to determine the financial
  749  feasibility of capital programs. These standards were adopted to
  750  make concurrency more predictable and local governments more
  751  accountable.
  752         1. A comprehensive plan amendment seeking to impose school
  753  concurrency shall contain appropriate amendments to the capital
  754  improvements element of the comprehensive plan, consistent with
  755  the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
  756  Administrative Code. The capital improvements element shall set
  757  forth a financially feasible public school capital facilities
  758  program, established in conjunction with the school board, that
  759  demonstrates that the adopted level-of-service standards will be
  760  achieved and maintained.
  761         2. Such amendments shall demonstrate that the public school
  762  capital facilities program meets all of the financial
  763  feasibility standards of this part and chapter 9J-5, Florida
  764  Administrative Code, that apply to capital programs which
  765  provide the basis for mandatory concurrency on other public
  766  facilities and services.
  767         3. When the financial feasibility of a public school
  768  capital facilities program is evaluated by the state land
  769  planning agency for purposes of a compliance determination, the
  770  evaluation shall be based upon the service areas selected by the
  771  local governments and school board.
  772         (e) Availability standard.—Consistent with the public
  773  welfare, a local government may not deny an application for site
  774  plan, final subdivision approval, or the functional equivalent
  775  for a development or phase of a development authorizing
  776  residential development for failure to achieve and maintain the
  777  level-of-service standard for public school capacity in a local
  778  school concurrency management system where adequate school
  779  facilities will be in place or under actual construction within
  780  3 years after the issuance of final subdivision or site plan
  781  approval, or the functional equivalent. School concurrency is
  782  satisfied if the developer executes a legally binding commitment
  783  to provide mitigation proportionate to the demand for public
  784  school facilities to be created by actual development of the
  785  property, including, but not limited to, the options described
  786  in subparagraph 1. Options for proportionate-share mitigation of
  787  impacts on public school facilities must be established in the
  788  public school facilities element and the interlocal agreement
  789  pursuant to s. 163.31777.
  790         1. Appropriate mitigation options include the contribution
  791  of land; the construction, expansion, or payment for land
  792  acquisition or construction of a public school facility; or the
  793  creation of mitigation banking based on the construction of a
  794  public school facility in exchange for the right to sell
  795  capacity credits. Such options must include execution by the
  796  applicant and the local government of a development agreement
  797  that constitutes a legally binding commitment to pay
  798  proportionate-share mitigation for the additional residential
  799  units approved by the local government in a development order
  800  and actually developed on the property, taking into account
  801  residential density allowed on the property prior to the plan
  802  amendment that increased the overall residential density. The
  803  district school board must be a party to such an agreement. As a
  804  condition of its entry into such a development agreement, the
  805  local government may require the landowner to agree to
  806  continuing renewal of the agreement upon its expiration.
  807         2. If the education facilities plan and the public
  808  educational facilities element authorize a contribution of land;
  809  the construction, expansion, or payment for land acquisition; or
  810  the construction or expansion of a public school facility, or a
  811  portion thereof, as proportionate-share mitigation, the local
  812  government shall credit such a contribution, construction,
  813  expansion, or payment toward any other impact fee or exaction
  814  imposed by local ordinance for the same need, on a dollar-for
  815  dollar basis at fair market value.
  816         3. Any proportionate-share mitigation must be directed by
  817  the school board toward a school capacity improvement identified
  818  in a financially feasible 5-year district work plan that
  819  satisfies the demands created by the development in accordance
  820  with a binding developer’s agreement.
  821         4. If a development is precluded from commencing because
  822  there is inadequate classroom capacity to mitigate the impacts
  823  of the development, the development may nevertheless commence if
  824  there are accelerated facilities in an approved capital
  825  improvement element scheduled for construction in year four or
  826  later of such plan which, when built, will mitigate the proposed
  827  development, or if such accelerated facilities will be in the
  828  next annual update of the capital facilities element, the
  829  developer enters into a binding, financially guaranteed
  830  agreement with the school district to construct an accelerated
  831  facility within the first 3 years of an approved capital
  832  improvement plan, and the cost of the school facility is equal
  833  to or greater than the development’s proportionate share. When
  834  the completed school facility is conveyed to the school
  835  district, the developer shall receive impact fee credits usable
  836  within the zone where the facility is constructed or any
  837  attendance zone contiguous with or adjacent to the zone where
  838  the facility is constructed.
  839         5. This paragraph does not limit the authority of a local
  840  government to deny a development permit or its functional
  841  equivalent pursuant to its home rule regulatory powers, except
  842  as provided in this part.
  843         (f) Intergovernmental coordination.—
  844         1. When establishing concurrency requirements for public
  845  schools, a local government shall satisfy the requirements for
  846  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
  847  and 2., except that a municipality is not required to be a
  848  signatory to the interlocal agreement required by ss.
  849  163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
  850  imposition of school concurrency, and as a nonsignatory, shall
  851  not participate in the adopted local school concurrency system,
  852  if the municipality meets all of the following criteria for
  853  having no significant impact on school attendance:
  854         a. The municipality has issued development orders for fewer
  855  than 50 residential dwelling units during the preceding 5 years,
  856  or the municipality has generated fewer than 25 additional
  857  public school students during the preceding 5 years.
  858         b. The municipality has not annexed new land during the
  859  preceding 5 years in land use categories which permit
  860  residential uses that will affect school attendance rates.
  861         c. The municipality has no public schools located within
  862  its boundaries.
  863         d. At least 80 percent of the developable land within the
  864  boundaries of the municipality has been built upon.
  865         2. A municipality which qualifies as having no significant
  866  impact on school attendance pursuant to the criteria of
  867  subparagraph 1. must review and determine at the time of its
  868  evaluation and appraisal report pursuant to s. 163.3191 whether
  869  it continues to meet the criteria pursuant to s. 163.31777(6).
  870  If the municipality determines that it no longer meets the
  871  criteria, it must adopt appropriate school concurrency goals,
  872  objectives, and policies in its plan amendments based on the
  873  evaluation and appraisal report, and enter into the existing
  874  interlocal agreement required by ss. 163.3177(6)(h)2. and
  875  163.31777, in order to fully participate in the school
  876  concurrency system. If such a municipality fails to do so, it
  877  will be subject to the enforcement provisions of s. 163.3191.
  878         (g) Interlocal agreement for school concurrency.—When
  879  establishing concurrency requirements for public schools, a
  880  local government must enter into an interlocal agreement that
  881  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
  882  163.31777 and the requirements of this subsection. The
  883  interlocal agreement shall acknowledge both the school board’s
  884  constitutional and statutory obligations to provide a uniform
  885  system of free public schools on a countywide basis, and the
  886  land use authority of local governments, including their
  887  authority to approve or deny comprehensive plan amendments and
  888  development orders. The interlocal agreement shall be submitted
  889  to the state land planning agency by the local government as a
  890  part of the compliance review, along with the other necessary
  891  amendments to the comprehensive plan required by this part. In
  892  addition to the requirements of ss. 163.3177(6)(h) and
  893  163.31777, the interlocal agreement shall meet the following
  894  requirements:
  895         1. Establish the mechanisms for coordinating the
  896  development, adoption, and amendment of each local government’s
  897  public school facilities element with each other and the plans
  898  of the school board to ensure a uniform districtwide school
  899  concurrency system.
  900         2. Establish a process for the development of siting
  901  criteria which encourages the location of public schools
  902  proximate to urban residential areas to the extent possible and
  903  seeks to collocate schools with other public facilities such as
  904  parks, libraries, and community centers to the extent possible.
  905         3. Specify uniform, districtwide level-of-service standards
  906  for public schools of the same type and the process for
  907  modifying the adopted level-of-service standards.
  908         4. Establish a process for the preparation, amendment, and
  909  joint approval by each local government and the school board of
  910  a public school capital facilities program which is financially
  911  feasible, and a process and schedule for incorporation of the
  912  public school capital facilities program into the local
  913  government comprehensive plans on an annual basis.
  914         5. Define the geographic application of school concurrency.
  915  If school concurrency is to be applied on a less than
  916  districtwide basis in the form of concurrency service areas, the
  917  agreement shall establish criteria and standards for the
  918  establishment and modification of school concurrency service
  919  areas. The agreement shall also establish a process and schedule
  920  for the mandatory incorporation of the school concurrency
  921  service areas and the criteria and standards for establishment
  922  of the service areas into the local government comprehensive
  923  plans. The agreement shall ensure maximum utilization of school
  924  capacity, taking into account transportation costs and court
  925  approved desegregation plans, as well as other factors. The
  926  agreement shall also ensure the achievement and maintenance of
  927  the adopted level-of-service standards for the geographic area
  928  of application throughout the 5 years covered by the public
  929  school capital facilities plan and thereafter by adding a new
  930  fifth year during the annual update.
  931         6. Establish a uniform districtwide procedure for
  932  implementing school concurrency which provides for:
  933         a. The evaluation of development applications for
  934  compliance with school concurrency requirements, including
  935  information provided by the school board on affected schools,
  936  impact on levels of service, and programmed improvements for
  937  affected schools and any options to provide sufficient capacity;
  938         b. An opportunity for the school board to review and
  939  comment on the effect of comprehensive plan amendments and
  940  rezonings on the public school facilities plan; and
  941         c. The monitoring and evaluation of the school concurrency
  942  system.
  943         7. Include provisions relating to amendment of the
  944  agreement.
  945         8. A process and uniform methodology for determining
  946  proportionate-share mitigation pursuant to subparagraph (e)1.
  947         (h) Local government authority.—This subsection does not
  948  limit the authority of a local government to grant or deny a
  949  development permit or its functional equivalent prior to the
  950  implementation of school concurrency.
  951         (14) RULEMAKING AUTHORITY.—The state land planning agency
  952  shall, by October 1, 1998, adopt by rule minimum criteria for
  953  the review and determination of compliance of a public school
  954  facilities element adopted by a local government for purposes of
  955  the imposition of school concurrency.
  956         (15)(a) MULTIMODAL DISTRICTS.—Multimodal transportation
  957  districts may be established under a local government
  958  comprehensive plan in areas delineated on the future land use
  959  map for which the local comprehensive plan assigns secondary
  960  priority to vehicle mobility and primary priority to assuring a
  961  safe, comfortable, and attractive pedestrian environment, with
  962  convenient interconnection to transit. Such districts must
  963  incorporate community design features that will reduce the
  964  number of automobile trips or vehicle miles of travel and will
  965  support an integrated, multimodal transportation system. Before
  966  Prior to the designation of multimodal transportation districts,
  967  the Department of Transportation shall, in consultation with be
  968  consulted by the local government, to assess the impact that the
  969  proposed multimodal district area is expected to have on the
  970  adopted level-of-service standards established for Strategic
  971  Intermodal System facilities, as provided in s. 339.63 defined
  972  in s. 339.64, and roadway facilities funded in accordance with
  973  s. 339.2819. Further, the local government shall, in cooperation
  974  with the Department of Transportation, develop a plan to
  975  mitigate any impacts to the Strategic Intermodal System,
  976  including the development of a long-term concurrency management
  977  system pursuant to subsection (9) and s. 163.3177(3)(d).
  978  Multimodal transportation districts existing prior to July 1,
  979  2005, shall meet, at a minimum, the provisions of this section
  980  by July 1, 2006, or at the time of the comprehensive plan update
  981  pursuant to the evaluation and appraisal report, whichever
  982  occurs last.
  983         (b) Community design elements of such a multimodal
  984  transportation district include:
  985         1. A complementary mix and range of land uses, including
  986  educational, recreational, and cultural uses;
  987         2. Interconnected networks of streets designed to encourage
  988  walking and bicycling, with traffic-calming where desirable;
  989         3. Appropriate densities and intensities of use within
  990  walking distance of transit stops;
  991         4. Daily activities within walking distance of residences,
  992  allowing independence to persons who do not drive; and
  993         5. Public uses, streets, and squares that are safe,
  994  comfortable, and attractive for the pedestrian, with adjoining
  995  buildings open to the street and with parking not interfering
  996  with pedestrian, transit, automobile, and truck travel modes.
  997         (c) Local governments may establish multimodal level-of
  998  service standards that rely primarily on nonvehicular modes of
  999  transportation within the district, if when justified by an
 1000  analysis demonstrating that the existing and planned community
 1001  design will provide an adequate level of mobility within the
 1002  district based upon professionally accepted multimodal level-of
 1003  service methodologies. The analysis must also demonstrate that
 1004  the capital improvements required to promote community design
 1005  are financially feasible over the development or redevelopment
 1006  timeframe for the district and that community design features
 1007  within the district provide convenient interconnection for a
 1008  multimodal transportation system. Local governments may issue
 1009  development permits in reliance upon all planned community
 1010  design capital improvements that are financially feasible over
 1011  the development or redevelopment timeframe for the district,
 1012  regardless of without regard to the period of time between
 1013  development or redevelopment and the scheduled construction of
 1014  the capital improvements. A determination of financial
 1015  feasibility shall be based upon currently available funding or
 1016  funding sources that could reasonably be expected to become
 1017  available over the planning period.
 1018         (d) Local governments may reduce impact fees or local
 1019  access fees for development within multimodal transportation
 1020  districts based on the reduction of vehicle trips per household
 1021  or vehicle miles of travel expected from the development pattern
 1022  planned for the district.
 1023         (e) By December 1, 2007, The Department of Transportation,
 1024  in consultation with the state land planning agency and
 1025  interested local governments, may designate a study area for
 1026  conducting a pilot project to determine the benefits of and
 1027  barriers to establishing a regional multimodal transportation
 1028  concurrency district that extends over more than one local
 1029  government jurisdiction. If designated:
 1030         1. The study area must be in a county that has a population
 1031  of at least 1,000 persons per square mile, be within an urban
 1032  service area, and have the consent of the local governments
 1033  within the study area. The Department of Transportation and the
 1034  state land planning agency shall provide technical assistance.
 1035         2. The local governments within the study area and the
 1036  Department of Transportation, in consultation with the state
 1037  land planning agency, shall cooperatively create a multimodal
 1038  transportation plan that meets the requirements in of this
 1039  section. The multimodal transportation plan must include viable
 1040  local funding options and incorporate community design features,
 1041  including a range of mixed land uses and densities and
 1042  intensities, which will reduce the number of automobile trips or
 1043  vehicle miles of travel while supporting an integrated,
 1044  multimodal transportation system.
 1045         3. In order to effectuate the multimodal transportation
 1046  concurrency district, participating local governments may adopt
 1047  appropriate comprehensive plan amendments.
 1048         4. The Department of Transportation, in consultation with
 1049  the state land planning agency, shall submit a report by March
 1050  1, 2009, to the Governor, the President of the Senate, and the
 1051  Speaker of the House of Representatives on the status of the
 1052  pilot project. The report must identify any factors that support
 1053  or limit the creation and success of a regional multimodal
 1054  transportation district including intergovernmental
 1055  coordination.
 1056         (16) PROPORTIONATE FAIR-SHARE MITIGATION.—It is the intent
 1057  of the Legislature to provide a method by which the impacts of
 1058  development on transportation facilities can be mitigated by the
 1059  cooperative efforts of the public and private sectors. The
 1060  methodology used to calculate proportionate fair-share
 1061  mitigation shall be calculated as follows: mitigation under this
 1062  section shall be as provided for in subsection (12).
 1063         (a)The proportionate fair-share contribution shall be
 1064  calculated based upon the cumulative number of trips from the
 1065  proposed new stage or phase of development expected to reach
 1066  roadways during the peak hour at the complete buildout of a
 1067  stage or phase being approved, divided by the change in the peak
 1068  hour maximum service volume of the roadways resulting from the
 1069  construction of an improvement necessary to maintain the adopted
 1070  level of service. The calculated proportionate fair-share
 1071  contribution shall be multiplied by the construction cost, at
 1072  the time of developer payment, of the improvement necessary to
 1073  maintain the adopted level of service in order to determine the
 1074  proportionate fair-share contribution. For purposes of this
 1075  subparagraph, the term “construction cost” includes all
 1076  associated costs of the improvement.
 1077         (b)(a)By December 1, 2006, Each local government shall
 1078  adopt by ordinance a methodology for assessing proportionate
 1079  fair-share mitigation options consistent with this section. By
 1080  December 1, 2005, the Department of Transportation shall develop
 1081  a model transportation concurrency management ordinance with
 1082  methodologies for assessing proportionate fair-share mitigation
 1083  options.
 1084         (c)(b)1. In its transportation concurrency management
 1085  system, a local government shall, by December 1, 2006, include
 1086  methodologies that will be applied to calculate proportionate
 1087  fair-share mitigation. A developer may choose to satisfy all
 1088  transportation concurrency requirements by contributing or
 1089  paying proportionate fair-share mitigation if transportation
 1090  facilities or facility segments identified as mitigation for
 1091  traffic impacts are specifically identified for funding in the
 1092  5-year schedule of capital improvements in the capital
 1093  improvements element of the local plan or the long-term
 1094  concurrency management system or if such contributions or
 1095  payments to such facilities or segments are reflected in the 5-
 1096  year schedule of capital improvements in the next regularly
 1097  scheduled update of the capital improvements element. Updates to
 1098  the 5-year capital improvements element which reflect
 1099  proportionate fair-share contributions may not be found not in
 1100  compliance based on ss. 163.3164(32) and 163.3177(3) if
 1101  additional contributions, payments or funding sources are
 1102  reasonably anticipated during a period not to exceed 10 years to
 1103  fully mitigate impacts on the transportation facilities.
 1104         2. Proportionate fair-share mitigation shall be applied as
 1105  a credit against all transportation impact fees or any exactions
 1106  assessed for the traffic impacts of a development to the extent
 1107  that all or a portion of the proportionate fair-share mitigation
 1108  is used to address the same capital infrastructure improvements
 1109  contemplated by the local government’s impact fee ordinance.
 1110         (d)(c) Proportionate fair-share mitigation includes,
 1111  without limitation, separately or collectively, private funds,
 1112  contributions of land, or and construction and contribution of
 1113  facilities and may include public funds as determined by the
 1114  local government. Proportionate fair-share mitigation may be
 1115  directed toward one or more specific transportation improvements
 1116  reasonably related to the mobility demands created by the
 1117  development and such improvements may address one or more modes
 1118  of travel. The fair market value of the proportionate fair-share
 1119  mitigation may shall not differ based on the form of mitigation.
 1120  A local government may not require a development to pay more
 1121  than its proportionate fair-share contribution regardless of the
 1122  method of mitigation. Proportionate fair-share mitigation shall
 1123  be limited to ensure that a development meeting the requirements
 1124  of this section mitigates its impact on the transportation
 1125  system but is not responsible for the additional cost of
 1126  reducing or eliminating backlogs.
 1127         (e)(d) This subsection does not require a local government
 1128  to approve a development that is not otherwise qualified for
 1129  approval pursuant to the applicable local comprehensive plan and
 1130  land development regulations; however, a development that
 1131  satisfies the requirements of this section shall not be denied
 1132  on the basis of a failure to mitigate its transportation impacts
 1133  under the local comprehensive plan or land development
 1134  regulations. This paragraph does not limit a local government
 1135  from imposing lawfully adopted transportation impact fees.
 1136         (f)(e) Mitigation for development impacts to facilities on
 1137  the Strategic Intermodal System made pursuant to this subsection
 1138  requires the concurrence of the Department of Transportation.
 1139         (g)(f) If the funds in an adopted 5-year capital
 1140  improvements element are insufficient to fully fund construction
 1141  of a transportation improvement required by the local
 1142  government’s concurrency management system, a local government
 1143  and a developer may still enter into a binding proportionate-
 1144  share agreement authorizing the developer to construct that
 1145  amount of development on which the proportionate share is
 1146  calculated if the proportionate-share amount in such agreement
 1147  is sufficient to pay for one or more improvements which will, in
 1148  the opinion of the governmental entity or entities maintaining
 1149  the transportation facilities, significantly benefit the
 1150  impacted transportation system. The improvements funded by the
 1151  proportionate-share component must be adopted into the 5-year
 1152  capital improvements schedule of the comprehensive plan at the
 1153  next annual capital improvements element update. The funding of
 1154  any improvements that significantly benefit the impacted
 1155  transportation system satisfies concurrency requirements as a
 1156  mitigation of the development’s impact upon the overall
 1157  transportation system even if there remains a failure of
 1158  concurrency on other impacted facilities.
 1159         (h)(g) Except as provided in subparagraph (c)1. (b)1., this
 1160  section does may not prohibit the state land planning agency
 1161  Department of Community Affairs from finding other portions of
 1162  the capital improvements element amendments not in compliance as
 1163  provided in this chapter.
 1164         (i)(h)The provisions of This subsection does do not apply
 1165  to a development of regional impact satisfying the requirements
 1166  in of subsection (12).
 1167         (17) AFFORDABLE WORKFORCE HOUSING.—A local government and
 1168  the developer of affordable workforce housing units developed in
 1169  accordance with s. 380.06(19) or s. 380.0651(3) may identify an
 1170  employment center or centers in close proximity to the
 1171  affordable workforce housing units. If at least 50 percent of
 1172  the units are occupied by an employee or employees of an
 1173  identified employment center or centers, all of the affordable
 1174  workforce housing units are exempt from transportation
 1175  concurrency requirements, and the local government may not
 1176  reduce any transportation trip-generation entitlements of an
 1177  approved development-of-regional-impact development order. As
 1178  used in this subsection, the term “close proximity” means 5
 1179  miles from the nearest point of the development of regional
 1180  impact to the nearest point of the employment center, and the
 1181  term “employment center” means a place of employment that
 1182  employs at least 25 or more full-time employees.
 1183         (18)INCENTIVES FOR CONTRIBUTIONS.—Landowners or
 1184  developers, including landowners or developers of developments
 1185  of regional impact, who propose a large-scale development of 500
 1186  cumulative acres or more may satisfy all of the transportation
 1187  concurrency requirements by contributing or paying proportionate
 1188  share or proportionate fair-share mitigation. If such
 1189  contribution is made, a local government shall:
 1190         (a)Designate the traffic impacts for transportation
 1191  facilities or facility segments as mitigated for funding in the
 1192  5-year schedule of capital improvements in the capital
 1193  improvements element of the local comprehensive plan or the
 1194  long-term concurrency management system; or
 1195         (b)Reflect that the traffic impacts for transportation
 1196  facilities or facility segments are mitigated in the 5-year
 1197  schedule of capital improvements in the next regularly scheduled
 1198  update of the capital improvements element. Updates to the 5
 1199  year capital improvements element which reflect proportionate
 1200  share or proportionate fair-share contributions are deemed
 1201  compliant with s. 163.3164(32) or s. 163.3177(3) if additional
 1202  contributions, payments, or funding sources are reasonably
 1203  anticipated during a period not to exceed 10 years and would
 1204  fully mitigate impacts on the transportation facilities and
 1205  facility segments.
 1206         (19)COSTS OF MITIGATION.—The costs of mitigation for
 1207  concurrency impacts shall be distributed to all affected
 1208  jurisdictions by the local government having jurisdiction over
 1209  project or development approval. Distribution shall be
 1210  proportionate to the percentage of the total concurrency
 1211  mitigation costs incurred by an affected jurisdiction.
 1212         Section 4. Subsection (2) of section 163.3182, Florida
 1213  Statutes, is amended to read:
 1214         163.3182 Transportation concurrency backlogs.—
 1215         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
 1216  AUTHORITIES.—
 1217         (a) A county or municipality may create a transportation
 1218  concurrency backlog authority if it has an identified
 1219  transportation concurrency backlog.
 1220         (b)No later than 2012, a local government that has an
 1221  identified transportation concurrency backlog shall adopt one or
 1222  more transportation concurrency backlog areas as part of the
 1223  local government’s capital improvements element update to its
 1224  submission of financial feasibility to the state land planning
 1225  agency. Any additional areas that a local government creates
 1226  shall be submitted biannually to the state land planning agency
 1227  until the local government has demonstrated, no later than 2027,
 1228  that the backlog existing in 2012 has been mitigated through
 1229  construction or planned construction of the necessary
 1230  transportation mobility improvements. If a local government is
 1231  unable to meet the biannual requirements of the capital
 1232  improvements element update for new areas as a result of
 1233  economic conditions, the local government may request from the
 1234  state land planning agency a one-time waiver of the requirement
 1235  to file the biannual creation of new transportation concurrency
 1236  backlog authority areas.
 1237         (c)Landowners or developers within a large-scale
 1238  development area of 500 cumulative acres or more may request the
 1239  local government to create a transportation concurrency backlog
 1240  area for the development area for roadways significantly
 1241  affected by traffic from the development if those roadways are
 1242  or will be backlogged as defined by s. 163.3164(35). If a
 1243  development permit is issued or a comprehensive plan amendment
 1244  is approved within the development area, the local government
 1245  shall designate the transportation concurrency backlog area
 1246  unless the funding is insufficient to address one or more
 1247  transportation capacity improvements necessary to satisfy the
 1248  additional deficiencies coexisting or anticipated with the new
 1249  development. The transportation concurrency backlog area shall
 1250  be created by ordinance and shall be used to satisfy all
 1251  proportionate share or proportionate fair-share transportation
 1252  concurrency contributions of the development not otherwise
 1253  satisfied by impact fees. The local government shall manage the
 1254  area acting as a transportation concurrency backlog authority
 1255  and all applicable provisions of this section apply, except that
 1256  the tax increment shall be used to satisfy transportation
 1257  concurrency requirements not otherwise satisfied by impact fees.
 1258         (d)(b) Acting as the transportation concurrency backlog
 1259  authority within the authority’s jurisdictional boundary, the
 1260  governing body of a county or municipality shall adopt and
 1261  implement a plan to eliminate all identified transportation
 1262  concurrency backlogs within the authority’s jurisdiction using
 1263  funds provided pursuant to subsection (5) and as otherwise
 1264  provided pursuant to this section.
 1265         (e)Notwithstanding any general law, special act, or
 1266  ordinance to the contrary, a local government may not require
 1267  any payments for transportation concurrency exceeding a
 1268  development’s traffic impacts as identified pursuant to impact
 1269  fees or s. 163.3180(12) or (16) and may not require such
 1270  payments as a condition of a development order or permit. If
 1271  such payments required to satisfy a development’s share of
 1272  transportation concurrency costs do not mitigate all traffic
 1273  impacts of the planned development area because of existing or
 1274  future backlog conditions, the owner or developer may petition
 1275  the local government for designation of a transportation
 1276  concurrency backlog area pursuant to this section, which shall
 1277  satisfy any remaining concurrency backlog requirements in the
 1278  impacted area.
 1279         Section 5. Paragraph (a) of subsection (7) of section
 1280  380.06, Florida Statutes, is amended to read:
 1281         380.06 Developments of regional impact.—
 1282         (7) PREAPPLICATION PROCEDURES.—
 1283         (a) Before filing an application for development approval,
 1284  the developer shall contact the regional planning agency having
 1285  with jurisdiction over the proposed development to arrange a
 1286  preapplication conference. Upon the request of the developer or
 1287  the regional planning agency, other affected state and regional
 1288  agencies shall participate in the this conference and shall
 1289  identify the types of permits issued by the agencies, the level
 1290  of information required, and the permit issuance procedures as
 1291  applied to the proposed development. The levels of service
 1292  required in the transportation methodology must be the same
 1293  levels of service used to evaluate concurrency and proportionate
 1294  share pursuant to s. 163.3180. The regional planning agency
 1295  shall provide the developer information to the developer
 1296  regarding about the development-of-regional-impact process and
 1297  the use of preapplication conferences to identify issues,
 1298  coordinate appropriate state and local agency requirements, and
 1299  otherwise promote a proper and efficient review of the proposed
 1300  development. If an agreement is reached regarding assumptions
 1301  and methodology to be used in the application for development
 1302  approval, the reviewing agencies may not subsequently object to
 1303  those assumptions and methodologies unless subsequent changes to
 1304  the project or information obtained during the review make those
 1305  assumptions and methodologies inappropriate.
 1306         Section 6. Present subsection (19) of section 403.973,
 1307  Florida Statutes, is redesignated as subsection (20), and a new
 1308  subsection (19) is added to that section, to read:
 1309         403.973 Expedited permitting; comprehensive plan
 1310  amendments.—
 1311         (19)It is the intent of the Legislature to encourage and
 1312  facilitate the location of businesses in the state which will
 1313  create jobs and high wages, diversify the state’s economy, and
 1314  promote the development of energy saving technologies and other
 1315  clean technologies to be used in Florida communities. It is also
 1316  the intent of the Legislature to provide incentives in
 1317  regulatory process for mixed use projects that are regional
 1318  centers for clean technology (RCCT) to accomplish the goals of
 1319  this section and meet additional performance criteria for
 1320  conservation, reduced energy and water consumption, and other
 1321  practices for creating a sustainable community.
 1322         (a)In order to qualify for the incentives in this
 1323  subsection, a proposed RCCT project must:
 1324         1.Create new jobs in development, manufacturing, and
 1325  distribution in the clean technology industry, including, but
 1326  not limited to, energy and fuel saving, alternative energy
 1327  production, or carbon-reduction technologies. Overall job
 1328  creation must be at a minimum ratio of one job for every
 1329  household in the project and produce no fewer than 10,000 jobs
 1330  upon completion of the project.
 1331         2.Provide at least 25 percent of site-wide demand for
 1332  electricity by new renewable energy sources.
 1333         3.Use building design and construction techniques and
 1334  materials to reduce project-wide energy demand by at least 25
 1335  percent compared to 2009 average per capita consumption for the
 1336  state.
 1337         4.Use conservation and construction techniques and
 1338  materials to reduce potable water consumption by at least 25
 1339  percent compared to 2009 average per capita consumption for the
 1340  state.
 1341         5.Have a projected per capita carbon emissions at least 25
 1342  percent below the 2009 average per capita carbon emissions for
 1343  the state.
 1344         6.Contain at least 25,000 acres, at least 50 percent of
 1345  which will be dedicated to conservation or open space. The
 1346  project site must be directly accessible to a crossroad of two
 1347  Strategic Intermodal System facilities and may not be located in
 1348  a coastal high-hazard area.
 1349         7.Be planned to contain a mix of land uses, including, at
 1350  minimum, 5 million square feet of combined research and
 1351  development, industrial uses, and commercial land uses, and a
 1352  balanced mix of housing to meet the demands for jobs and wages
 1353  created within the project.
 1354         8.Be designed to greatly reduce the need for automobile
 1355  usage through an intramodal mass transit system, site design,
 1356  and other strategies to reduce vehicle miles travelled.
 1357         (b)The office shall certify a RCCT project as eligible for
 1358  the incentives in this subsection within 30 days after receiving
 1359  an application that meets the criteria paragraph (a). The
 1360  application must be received within 180 days after July 1, 2009,
 1361  in order to qualify for this incentive. The recommendation from
 1362  the governing body of the county or municipality in which the
 1363  project may be located is required in order for the office to
 1364  certify that any project is eligible for the expedited review
 1365  and incentives under this subsection. The office may decertify a
 1366  project that has failed to meet the criteria in this subsection
 1367  and the commitments set forth in the application.
 1368         (c)1.The office shall direct the creation of regional
 1369  permit action teams through a memorandum of agreement as set
 1370  forth in subsections (4)-(6). The RCCT project shall be eligible
 1371  for the expedited permitting and other incentives provided in
 1372  this section.
 1373         2.Notwithstanding any other provisions of law,
 1374  applications for comprehensive plan amendments received before
 1375  June 1, 2009, which are associated with RCCT projects certified
 1376  under this subsection, including text amendments that set forth
 1377  parameters for establishing a RCCT project map amendment, shall
 1378  be processed pursuant to the provisions of s. 163.3187(1)(c) and
 1379  (3). The Legislature finds that a project meeting the criteria
 1380  for certification under this subsection meets the requirements
 1381  for land use allocation need based on population projections,
 1382  discouragement of urban sprawl, the provisions of s.
 1383  163.3177(6)(a) and (11), and implementing rules.
 1384         3.Any development projects within the certified project
 1385  which are subject to development-of-regional-impact review
 1386  pursuant to the applicable provisions of chapter 380 shall be
 1387  reviewed pursuant to that chapter and applicable rules. If a
 1388  RCCT project qualifies as a development of regional impact, the
 1389  application must be submitted within 180 days after the adoption
 1390  of the related comprehensive plan amendment. Notwithstanding any
 1391  other provisions of law, the state land planning agency may not
 1392  appeal a local government development order issued under chapter
 1393  380 unless the agency having regulatory authority over the
 1394  subject area of the appeal has recommended an appeal.
 1395         Section 7. Transportation mobility fee.—
 1396         (1)(a)The Legislature finds that the existing
 1397  transportation concurrency system has not adequately addressed
 1398  the transportation needs of this state in an effective,
 1399  predictable, and equitable manner and is not producing a
 1400  sustainable transportation system for the state. The Legislature
 1401  finds that the current system is complex, lacks uniformity among
 1402  jurisdictions, is too focused on roadways to the detriment of
 1403  desired land use patterns and transportation alternatives, and
 1404  frequently prevents the attainment of important growth
 1405  management goals.
 1406         (b)The Legislature determines that the state shall
 1407  evaluate and, as deemed feasible, implement a different adequate
 1408  public facility requirement for transportation which uses a
 1409  mobility fee. The mobility fee shall be designed to provide for
 1410  mobility needs, ensure that development provides mitigation for
 1411  its impacts on the transportation system in approximate
 1412  proportionality to those impacts, fairly distribute financial
 1413  burdens, and promote compact, mixed-use, and energy efficient
 1414  development.
 1415         (2)The Legislature directs the state land planning agency
 1416  and the Department of Transportation, both of which are
 1417  currently performing independent mobility fee studies, to
 1418  coordinate and use those studies in developing a methodology for
 1419  a mobility fee system as follows:
 1420         (a)The uniform mobility fee methodology for statewide
 1421  application is intended to replace existing transportation
 1422  concurrency management systems adopted and implemented by local
 1423  governments. The studies shall focus upon developing a
 1424  methodology that includes:
 1425         1.A determination of the amount, distribution, and timing
 1426  of vehicular and people-miles traveled by applying
 1427  professionally accepted standards and practices in the
 1428  disciplines of land use and transportation planning, including
 1429  requirements of constitutional and statutory law.
 1430         2.The development of an equitable mobility fee that
 1431  provides funding for future mobility needs whereby new
 1432  development mitigates in approximate proportionality its impacts
 1433  on the transportation system, yet is not delayed or held
 1434  accountable for system backlogs or failures that are not
 1435  directly attributable to the proposed development.
 1436         3.The replacement of transportation-related financial
 1437  feasibility obligations, proportionate-share contributions for
 1438  developments of regional impacts, proportionate fair-share
 1439  contributions, and locally adopted transportation impact fees
 1440  with the mobility fee, such that a single transportation fee may
 1441  be applied uniformly on a statewide basis by application of the
 1442  mobility fee formula developed by these studies.
 1443         4.Applicability of the mobility fee on a statewide or more
 1444  limited geographic basis, accounting for special requirements
 1445  arising from implementation for urban, suburban, and rural
 1446  areas, including recommendations for an equitable implementation
 1447  in these areas.
 1448         5.The feasibility of developer contributions of land for
 1449  right-of-way or developer-funded improvements to the
 1450  transportation network to be recognized as credits against the
 1451  mobility fee by entering into mutually acceptable agreements
 1452  reached with the impacted jurisdiction.
 1453         6.An equitable methodology for distribution of the
 1454  mobility fee proceeds among those jurisdictions responsible for
 1455  construction and maintenance of the impacted roadways, such that
 1456  the collected mobility fees are used for improvements to the
 1457  overall transportation network of the impacted jurisdiction.
 1458         (b)The state land planning agency and the Department of
 1459  Transportation shall develop and submit to the President of the
 1460  Senate and the Speaker of the House of Representatives, no later
 1461  than July 15, 2009, an initial interim joint report on the
 1462  status of the mobility fee methodology study, no later than
 1463  October 1, 2009, a second interim joint report on the status of
 1464  the mobility fee methodology study, and no later than December
 1465  1, 2009, a final joint report on the mobility fee methodology
 1466  study, complete with recommended legislation and a plan to
 1467  implement the mobility fee as a replacement for the existing
 1468  transportation concurrency management systems adopted and
 1469  implemented by local governments. The final joint report shall
 1470  also contain, but is not limited to, an economic analysis of
 1471  implementation of the mobility fee, activities necessary to
 1472  implement the fee, and potential costs and benefits at the state
 1473  and local levels and to the private sector.
 1474         Section 8. The Legislature directs the Department of
 1475  Transportation to establish an approved transportation
 1476  methodology which recognizes that a planned, sustainable, or
 1477  self-sufficient development area will likely achieve a community
 1478  internal capture rate in excess of 30 percent when fully
 1479  developed. A sustainable or self-sufficient development area
 1480  consists of 500 acres or more of large-scale developments
 1481  individually or collectively designed to achieve self
 1482  containment by providing a balance of land uses to fulfill a
 1483  majority of the community’s needs. The adopted transportation
 1484  methodology shall use a regional transportation model that
 1485  incorporates professionally accepted modeling techniques
 1486  applicable to well-planned, sustainable communities of the size,
 1487  location, mix of uses, and design features consistent with such
 1488  communities. The adopted transportation methodology shall serve
 1489  as the basis for sustainable or self-sufficient development’s
 1490  traffic impact assessments by the department. The methodology
 1491  review must be completed and in use no later than July 1, 2009.
 1492         Section 9. This act shall take effect July 1, 2009.
 1493  
 1494  ================= T I T L E  A M E N D M E N T ================
 1495         And the title is amended as follows:
 1496         Delete everything before the enacting clause
 1497  and insert:
 1498                        A bill to be entitled                      
 1499         An act relating to growth management; amending s.
 1500         163.3164, F.S.; revising definitions; providing a
 1501         definition for the terms “dense urban land area,”
 1502         “backlog” or “backlogged transportation facility,” and
 1503         “background trips”; amending s. 163.3177, F.S.;
 1504         conforming a cross-reference; providing that a local
 1505         government’s comprehensive plan or plan amendments for
 1506         land uses within a transportation concurrency
 1507         exception area meets the level-of-service standards
 1508         for transportation; amending s. 163.3180, F.S.;
 1509         revising concurrency requirements; providing
 1510         legislative findings relating to transportation
 1511         concurrency exception areas; providing for the
 1512         applicability of transportation concurrency exception
 1513         areas; deleting certain requirements for
 1514         transportation concurrency exception areas; providing
 1515         that the designation of a transportation concurrency
 1516         exception area does not limit a local government’s
 1517         home rule power to adopt ordinances or impose fees and
 1518         does not affect any contract or agreement entered into
 1519         or development order rendered before such designation;
 1520         requiring that the Office of Program Policy Analysis
 1521         and Government Accountability submit a report to the
 1522         Legislature concerning the effects of the
 1523         transportation concurrency exception areas; providing
 1524         for an exemption from level-of-service standards for
 1525         proposed development related to qualified job-creation
 1526         projects; clarifying the calculation of the
 1527         proportionate-share contribution for local and
 1528         regionally significant traffic impacts which is paid
 1529         by a development of regional impact for the purpose of
 1530         satisfying certain concurrency requirements; amending
 1531         s. 163.3182, F.S.; revising provisions relating to
 1532         transportation concurrency backlog authorities;
 1533         requiring that a local government adopt one or more
 1534         transportation concurrency backlog areas as part its
 1535         capital improvements element update; requiring that a
 1536         local government biannually submit new areas to the
 1537         state land planning agency until certain conditions
 1538         are met; providing an exception; providing for certain
 1539         landowners or developers to request a transportation
 1540         concurrency backlog area for a development area;
 1541         prohibiting a local government from requiring payments
 1542         for transportation concurrency which exceed the costs
 1543         of mitigating traffic impacts; amending s. 380.06,
 1544         F.S.; revising provisions relating to preapplication
 1545         procedures for development approval; requiring that
 1546         the level-of-service standards required in the
 1547         transportation methodology be the same as the
 1548         standards used to evaluate concurrency and
 1549         proportionate share; amending s. 403.973, F.S.;
 1550         providing legislative intent; providing certain
 1551         criteria for regional centers for clean technology
 1552         projects to receive expedited permitting; providing
 1553         regulatory incentives for projects that meet such
 1554         criteria; authorizing the Office of Tourism, Trade,
 1555         and Economic Development within the Executive Office
 1556         of the Governor to certify and decertify such
 1557         projects; authorizing the office to create regional
 1558         permit action teams; providing for a transportation
 1559         mobility fee; providing legislative findings and
 1560         intent; requiring that the state land planning agency
 1561         and the Department of Transportation coordinate their
 1562         independent mobility fees studies to develop a
 1563         methodology for a mobility fee system; providing
 1564         guidelines for developing the methodology; requiring
 1565         that the state land planning agency and the department
 1566         submit joint interim reports to the Legislature by
 1567         specified dates; requiring that the Department of
 1568         Transportation establish a transportation methodology;
 1569         requiring that such methodology be completed and in
 1570         use by a specified date; providing an effective date.