Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 1306
Barcode 389116
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2009 .
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The Committee on Transportation (Baker) 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 subsection (34) is added to
7 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 a county which has
16 adopted into the county charter a Rural Area designation 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
50 therein,which has an average of at least 1,000 people per square
51 mile of 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 jurisdiction 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 Section 2. Paragraph (e) of subsection (3) of section
77 163.3177, Florida Statutes, is amended, paragraph (f) is added
78 to that subsection, and paragraph (a) of subsection (6) of that
79 section is amended, to read:
80 163.3177 Required and optional elements of comprehensive
81 plan; studies and surveys.—
82 (3)(e) At the discretion of the local government and
83 notwithstanding the requirements in of this subsection, a
84 comprehensive plan, as revised by an amendment to the plan’s
85 future land use map, shall be deemed to be financially feasible
86 and to have achieved and maintained level-of-service standards
87 as required in by this section with respect to transportation
88 facilities if the amendment to the future land use map is
89 supported by a:
90 1. Condition in a development order for a development of
91 regional impact or binding agreement that addresses
92 proportionate-share mitigation consistent with s. 163.3180(12);
93 or
94 2. Binding agreement addressing proportionate fair-share
95 mitigation consistent with s. 163.3180(16)(g) s. 163.3180(16)(f)
96 and the property subject to the amendment to the future land use
97 map is located within an area designated in a comprehensive plan
98 for urban infill, urban redevelopment, downtown revitalization,
99 urban infill and redevelopment, or an urban service area. The
100 binding agreement must be based on the maximum amount of
101 development identified by the future land use map amendment or
102 as may be otherwise restricted through a special area plan
103 policy or map notation in the comprehensive plan.
104 (f) A local government’s comprehensive plan and plan
105 amendments for land uses within all transportation concurrency
106 exception areas that are designated and maintained in accordance
107 with s. 163.3180(5) shall be deemed to meet the requirement in
108 this section to achieve and maintain level-of-service standards
109 for transportation.
110 (6) In addition to the requirements of subsections (1)-(5)
111 and (12), the comprehensive plan shall include the following
112 elements:
113 (a) A future land use plan element designating proposed
114 future general distribution, location, and extent of the uses of
115 land for residential uses, commercial uses, industry,
116 agriculture, recreation, conservation, education, public
117 buildings and grounds, other public facilities, and other
118 categories of the public and private uses of land. Counties are
119 encouraged to designate rural land stewardship areas, pursuant
120 to the provisions of paragraph (11)(d), as overlays on the
121 future land use map. Each future land use category must be
122 defined in terms of uses included, rather than numerical caps,
123 and must include standards to be followed in the control and
124 distribution of population densities and building and structure
125 intensities. The proposed distribution, location, and extent of
126 the various categories of land use shall be shown on a land use
127 map or map series which shall be supplemented by goals,
128 policies, and measurable objectives. The future land use plan
129 shall be based upon surveys, studies, and data regarding the
130 area, including the amount of land required to accommodate
131 anticipated growth; the projected population of the area; the
132 character of undeveloped land; the factors limiting development,
133 critical habitat designations, as well as other applicable
134 environmental protections, and local building restrictions
135 incorporated into the comprehensive plan or land development
136 code; the availability of water supplies, public facilities, and
137 services; the need for redevelopment, including the renewal of
138 blighted areas and the elimination of nonconforming uses which
139 are inconsistent with the character of the community; the
140 compatibility of uses on lands adjacent to or closely proximate
141 to military installations; the discouragement of urban sprawl;
142 energy-efficient land use patterns accounting for existing and
143 future electric power generation and transmission systems;
144 greenhouse gas reduction strategies; and, in rural communities,
145 the need for job creation, capital investment, and economic
146 development that will strengthen and diversify the community’s
147 economy. The future land use plan may designate areas for future
148 planned development use involving combinations of types of uses
149 for which special regulations may be necessary to ensure
150 development in accord with the principles and standards of the
151 comprehensive plan and this act. The future land use plan
152 element shall include criteria to be used to achieve the
153 compatibility of adjacent or closely proximate lands with
154 military installations. In addition, for rural communities, the
155 amount of land designated for future planned industrial use
156 shall be based upon surveys and studies that reflect the need
157 for job creation, capital investment, and the necessity to
158 strengthen and diversify the local economies, and shall not be
159 limited solely by the projected population of the rural
160 community. The future land use plan of a county may also
161 designate areas for possible future municipal incorporation. The
162 land use maps or map series shall generally identify and depict
163 historic district boundaries and shall designate historically
164 significant properties meriting protection. For coastal
165 counties, the future land use element must include, without
166 limitation, regulatory incentives and criteria that encourage
167 the preservation of recreational and commercial working
168 waterfronts as defined in s. 342.07. The future land use element
169 must clearly identify the land use categories in which public
170 schools are an allowable use. When delineating the land use
171 categories in which public schools are an allowable use, a local
172 government shall include in the categories sufficient land
173 proximate to residential development to meet the projected needs
174 for schools in coordination with public school boards and may
175 establish differing criteria for schools of different type or
176 size. Each local government shall include lands contiguous to
177 existing school sites, to the maximum extent possible, within
178 the land use categories in which public schools are an allowable
179 use. The failure by a local government to comply with these
180 school siting requirements will result in the prohibition of the
181 local government’s ability to amend the local comprehensive
182 plan, except for plan amendments described in s. 163.3187(1)(b),
183 until the school siting requirements are met. Amendments
184 proposed by a local government for purposes of identifying the
185 land use categories in which public schools are an allowable use
186 are exempt from the limitation on the frequency of plan
187 amendments contained in s. 163.3187. The future land use element
188 shall include criteria that encourage the location of schools
189 proximate to urban residential areas to the extent possible and
190 shall require that the local government seek to collocate public
191 facilities, such as parks, libraries, and community centers,
192 with schools to the extent possible and to encourage the use of
193 elementary schools as focal points for neighborhoods. For
194 schools serving predominantly rural counties, defined as a
195 county with a population of 100,000 or fewer, an agricultural
196 land use category shall be eligible for the location of public
197 school facilities if the local comprehensive plan contains
198 school siting criteria and the location is consistent with such
199 criteria. Local governments required to update or amend their
200 comprehensive plan to include criteria and address compatibility
201 of adjacent or closely proximate lands with existing military
202 installations in their future land use plan element shall
203 transmit the update or amendment to the department by June 30,
204 2006.
205 Section 3. Section 163.3180, Florida Statutes, is amended
206 to read:
207 163.3180 Concurrency.—
208 (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.—
209 (a) Public facility types.—Sanitary sewer, solid waste,
210 drainage, potable water, parks and recreation, schools, and
211 transportation facilities, including mass transit, where
212 applicable, are the only public facilities and services subject
213 to the concurrency requirement on a statewide basis. Additional
214 public facilities and services are may not be made subject to
215 concurrency on a statewide basis without appropriate study and
216 approval by the Legislature; however, any local government may
217 extend the concurrency requirement so that it applies to apply
218 to additional public facilities within its jurisdiction.
219 (b) Transportation methodologies.—Local governments shall
220 use professionally accepted techniques for measuring level of
221 service for automobiles, bicycles, pedestrians, transit, and
222 trucks. These techniques may be used to evaluate increased
223 accessibility by multiple modes and reductions in vehicle miles
224 of travel in an area or zone. The state land planning agency and
225 the Department of Transportation shall develop methodologies to
226 assist local governments in implementing this multimodal level
227 of-service analysis and. The Department of Community Affairs and
228 the Department of Transportation shall provide technical
229 assistance to local governments in applying the these
230 methodologies.
231 (2) PUBLIC FACILITY AVAILABILITY STANDARDS.—
232 (a) Sanitary sewer, solid waste, drainage, adequate water
233 supply, and potable water facilities.—Consistent with public
234 health and safety, sanitary sewer, solid waste, drainage,
235 adequate water supplies, and potable water facilities shall be
236 in place and available to serve new development no later than
237 the date on which issuance by the local government issues of a
238 certificate of occupancy or its functional equivalent. Before
239 approving Prior to approval of a building permit or its
240 functional equivalent, the local government shall consult with
241 the applicable water supplier to determine whether adequate
242 water supplies to serve the new development will be available by
243 no later than the anticipated date of issuance by the local
244 government of the a certificate of occupancy or its functional
245 equivalent. A local government may meet the concurrency
246 requirement for sanitary sewer through the use of onsite sewage
247 treatment and disposal systems approved by the Department of
248 Health to serve new development.
249 (b) Parks and recreation facilities.—Consistent with the
250 public welfare, and except as otherwise provided in this
251 section, parks and recreation facilities to serve new
252 development shall be in place or under actual construction
253 within no later than 1 year after issuance by the local
254 government issues of a certificate of occupancy or its
255 functional equivalent. However, the acreage for such facilities
256 must shall be dedicated or be acquired by the local government
257 before it issues prior to issuance by the local government of
258 the a certificate of occupancy or its functional equivalent, or
259 funds in the amount of the developer’s fair share shall be
260 committed no later than the date on which the local government
261 approves commencement of government’s approval to commence
262 construction.
263 (c) Transportation facilities.—Consistent with the public
264 welfare, and except as otherwise provided in this section,
265 transportation facilities needed to serve new development must
266 shall be in place or under actual construction within 3 years
267 after the local government approves a building permit or its
268 functional equivalent that results in traffic generation.
269 (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.—Governmental
270 entities that are not responsible for providing, financing,
271 operating, or regulating public facilities needed to serve
272 development may not establish binding level-of-service standards
273 to apply to on governmental entities that do bear those
274 responsibilities. This subsection does not limit the authority
275 of any agency to recommend or make objections, recommendations,
276 comments, or determinations during reviews conducted under s.
277 163.3184.
278 (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.—
279 (a) State and other public facilities.—The concurrency
280 requirement as implemented in local comprehensive plans applies
281 to state and other public facilities and development to the same
282 extent that it applies to all other facilities and development,
283 as provided by law.
284 (b) Public transit facilities.—The concurrency requirement
285 as implemented in local comprehensive plans does not apply to
286 public transit facilities. For the purposes of this paragraph,
287 public transit facilities include transit stations and
288 terminals; transit station parking; park-and-ride lots;
289 intermodal public transit connection or transfer facilities;
290 fixed bus, guideway, and rail stations; and airport passenger
291 terminals and concourses, air cargo facilities, and hangars for
292 the maintenance or storage of aircraft. As used in this
293 paragraph, the terms “terminals” and “transit facilities” do not
294 include seaports or commercial or residential development
295 constructed in conjunction with a public transit facility.
296 (c) Infill and redevelopment areas.—The concurrency
297 requirement, except as it relates to transportation facilities
298 and public schools, as implemented in local government
299 comprehensive plans, may be waived by a local government for
300 urban infill and redevelopment areas designated pursuant to s.
301 163.2517 if such a waiver does not endanger public health or
302 safety as defined by the local government in the its local
303 government’s government comprehensive plan. The waiver must
304 shall be adopted as a plan amendment using pursuant to the
305 process set forth in s. 163.3187(3)(a). A local government may
306 grant a concurrency exception pursuant to subsection (5) for
307 transportation facilities located within these urban infill and
308 redevelopment areas. Affordable housing developments that serve
309 residents who have incomes at or below 60 percent of the area
310 median income and are proposed to be located on arterial
311 roadways that have public transit available are exempt from
312 transportation concurrency requirements.
313 (5) COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.—
314 (a) The Legislature finds that under limited circumstances
315 dealing with transportation facilities, countervailing planning
316 and public policy goals may come into conflict with the
317 requirement that adequate public transportation facilities and
318 services be available concurrent with the impacts of such
319 development. The Legislature further finds that often the
320 unintended result of the concurrency requirement for
321 transportation facilities is often the discouragement of urban
322 infill development and redevelopment. Such unintended results
323 directly conflict with the goals and policies of the state
324 comprehensive plan and the intent of this part. The Legislature
325 also finds that in urban centers, transportation cannot be
326 effectively managed and mobility cannot be improved solely
327 through the expansion of roadway capacity, that the expansion of
328 roadway capacity is not always physically or financially
329 possible, and that a range of transportation alternatives are
330 essential to satisfy mobility needs, reduce congestion, and
331 achieve healthy, vibrant centers. Therefore, exceptions from the
332 concurrency requirement for transportation facilities may be
333 granted as provided by this subsection.
334 (b)1. The following are transportation concurrency
335 exception areas:
336 a. A municipality that qualifies as a dense urban land area
337 under s. 163.3164(34);
338 b. An urban service area under s. 163.3164(29) which has
339 been adopted into the local comprehensive plan and is located
340 within a county that qualifies as a dense urban land area under
341 s. 163.3164(34), except that a limited urban service area is not
342 included as an urban service area unless the parcel is defined
343 as in s. 163.3164(33); and
344 c. A county, including the municipalities located therein,
345 which has a population of at least 900,000 and qualifies as a
346 dense urban land area under s. 163.3164(34), but does not have
347 an urban service area designated in the local comprehensive
348 plan.
349 2. A municipality that does not qualify as a dense urban
350 land area pursuant to s. 163.3164(34) may designate in its local
351 comprehensive plan the following areas as transportation
352 concurrency exception areas:
353 a. Urban infill as defined in s. 163.3164(27);
354 b. Community redevelopment areas as defined in s.
355 163.340(10);
356 c. Downtown revitalization areas as defined in s.
357 163.3164(25);
358 d. Urban infill and redevelopment areas under s. 163.2517;
359 or
360 e. Urban service areas as defined in s. 163.3164(29) or
361 areas within a designated urban service boundary under s.
362 163.3177(14).
363 3. A county that does not qualify as a dense urban land
364 area pursuant to s. 163.3164(34) may designate in its local
365 comprehensive plan the following areas as transportation
366 concurrency exception areas:
367 a. Urban infill as defined in s. 163.3164(27);
368 b. Urban infill and redevelopment areas under s. 163.2517;
369 or
370 c. Urban service areas as defined in s. 163.3164(29).
371 4. A local government that has a transportation concurrency
372 exception area designated pursuant to subparagraph 1.,
373 subparagraph 2., or subparagraph 3. must, within 2 years after
374 the designated area becomes exempt, adopt into its local
375 comprehensive plan land use and transportation strategies to
376 support and fund mobility within the exception area, including
377 alternative modes of transportation. Local governments are
378 encouraged to adopt complementary land use and transportation
379 strategies that reflect the region’s shared vision for its
380 future. If the state land planning agency finds insufficient
381 cause for the failure to adopt into its comprehensive plan land
382 use and transportation strategies to support and fund mobility
383 within the designated exception area after 2 years, it shall
384 submit the finding to the Administration Commission, which may
385 impose any of the sanctions set forth in s. 163.3184(11)(a) and
386 (b) against the local government.
387 5. Transportation concurrency exception areas designated
388 under subparagraph 1., subparagraph 2., or subparagraph 3. do
389 not apply to designated transportation concurrency districts
390 located within a county that has a population of at least 1.5
391 million, has implemented and uses a transportation-related
392 concurrency assessment to support alternative modes of
393 transportation, including, but not limited to, mass transit, and
394 does not levy transportation impact fees within the concurrency
395 district.
396 6. A local government that does not have a transportation
397 concurrency exception area designated pursuant to subparagraph
398 1., subparagraph 2., or subparagraph 3. may grant an exception
399 from the concurrency requirement for transportation facilities
400 if the proposed development is otherwise consistent with the
401 adopted local government comprehensive plan and is a project
402 that promotes public transportation or is located within an area
403 designated in the comprehensive plan for:
404 a.1. Urban infill development;
405 b.2. Urban redevelopment;
406 c.3. Downtown revitalization;
407 d.4. Urban infill and redevelopment under s. 163.2517; or
408 e.5. An urban service area specifically designated as a
409 transportation concurrency exception area which includes lands
410 appropriate for compact, contiguous urban development, which
411 does not exceed the amount of land needed to accommodate the
412 projected population growth at densities consistent with the
413 adopted comprehensive plan within the 10-year planning period,
414 and which is served or is planned to be served with public
415 facilities and services as provided by the capital improvements
416 element.
417 (c) The Legislature also finds that developments located
418 within urban infill, urban redevelopment, existing urban
419 service, or downtown revitalization areas or areas designated as
420 urban infill and redevelopment areas under s. 163.2517, which
421 pose only special part-time demands on the transportation
422 system, are exempt should be excepted from the concurrency
423 requirement for transportation facilities. A special part-time
424 demand is one that does not have more than 200 scheduled events
425 during any calendar year and does not affect the 100 highest
426 traffic volume hours.
427 (d) Except for transportation concurrency exception areas
428 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
429 or subparagraph (b)3., the following requirements apply: A local
430 government shall establish guidelines in the comprehensive plan
431 for granting the exceptions authorized in paragraphs (b) and (c)
432 and subsections (7) and (15) which must be consistent with and
433 support a comprehensive strategy adopted in the plan to promote
434 the purpose of the exceptions.
435 1.(e) The local government shall both adopt into the
436 comprehensive plan and implement long-term strategies to support
437 and fund mobility within the designated exception area,
438 including alternative modes of transportation. The plan
439 amendment must also demonstrate how strategies will support the
440 purpose of the exception and how mobility within the designated
441 exception area will be provided.
442 2. In addition, The strategies must address urban design;
443 appropriate land use mixes, including intensity and density; and
444 network connectivity plans needed to promote urban infill,
445 redevelopment, or downtown revitalization. The comprehensive
446 plan amendment designating the concurrency exception area must
447 be accompanied by data and analysis justifying the size of the
448 area.
449 (e)(f) Before designating Prior to the designation of a
450 concurrency exception area pursuant to subparagraph (b)6., the
451 state land planning agency and the Department of Transportation
452 shall be consulted by the local government to assess the impact
453 that the proposed exception area is expected to have on the
454 adopted level-of-service standards established for regional
455 transportation facilities identified pursuant to s. 186.507,
456 including the Strategic Intermodal System facilities, as defined
457 in s. 339.64, and roadway facilities funded in accordance with
458 s. 339.2819. Further, the local government shall provide a plan
459 for the mitigation of, in consultation with the state land
460 planning agency and the Department of Transportation, develop a
461 plan to mitigate any impacts to the Strategic Intermodal System,
462 including, if appropriate, access management, parallel reliever
463 roads, transportation demand management, and other measures the
464 development of a long-term concurrency management system
465 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
466 may be available only within the specific geographic area of the
467 jurisdiction designated in the plan. Pursuant to s. 163.3184,
468 any affected person may challenge a plan amendment establishing
469 these guidelines and the areas within which an exception could
470 be granted.
471 (g) Transportation concurrency exception areas existing
472 prior to July 1, 2005, must, at a minimum, meet the provisions
473 of this section by July 1, 2006, or at the time of the
474 comprehensive plan update pursuant to the evaluation and
475 appraisal report, whichever occurs last.
476 (f) The designation of a transportation concurrency
477 exception area pursuant to this section does not limit a local
478 government’s ability to provide mitigation for transportation
479 impacts within the exception area by imposing lawfully adopted
480 impact fees. This subsection does not affect any contract or
481 agreement entered into or development order rendered before the
482 creation of the transportation concurrency exception area except
483 as provided in s. 380.115.
484 (g) The Office of Program Policy Analysis and Government
485 Accountability shall submit to the President of the Senate and
486 the Speaker of the House of Representatives by February 1, 2015,
487 a report on transportation concurrency exception areas created
488 pursuant to this subsection. At a minimum, the report shall
489 address the methods that local governments have used to
490 implement and fund transportation strategies to achieve the
491 purposes of designated transportation concurrency exception
492 areas and the effects of the strategies on mobility, congestion,
493 urban design, the density and intensity of land use mixes, and
494 network connectivity plans used to promote urban infill,
495 redevelopment, or downtown revitalization.
496 (6) DE MINIMIS IMPACT.—The Legislature finds that a de
497 minimis impact is consistent with this part. A de minimis impact
498 is an impact that does would not affect more than 1 percent of
499 the maximum volume at the adopted level of service of the
500 affected transportation facility as determined by the local
501 government. An No impact is not will be de minimis if the sum of
502 existing roadway volumes and the projected volumes from approved
503 projects on a transportation facility exceeds would exceed 110
504 percent of the maximum volume at the adopted level of service of
505 the affected transportation facility; provided however, the that
506 an impact of a single family home on an existing lot is will
507 constitute a de minimis impact on all roadways regardless of the
508 level of the deficiency of the roadway. Further, an no impact is
509 not will be de minimis if it exceeds would exceed the adopted
510 level-of-service standard of any affected designated hurricane
511 evacuation routes. Each local government shall maintain
512 sufficient records to ensure that the 110-percent criterion is
513 not exceeded. Each local government shall submit annually, with
514 its updated capital improvements element, a summary of the de
515 minimis records. If the state land planning agency determines
516 that the 110-percent criterion has been exceeded, the state land
517 planning agency shall notify the local government of the
518 exceedance and that no further de minimis exceptions for the
519 applicable roadway may be granted until such time as the volume
520 is reduced below the 110 percent. The local government shall
521 provide proof of this reduction to the state land planning
522 agency before issuing further de minimis exceptions.
523 (7) CONCURRENCY MANAGEMENT AREAS.—In order to promote urban
524 development and infill development and redevelopment, one or
525 more transportation concurrency management areas may be
526 designated in a local government comprehensive plan. A
527 transportation concurrency management area must be a compact
528 geographic area that has with an existing network of roads where
529 multiple, viable alternative travel paths or modes are available
530 for common trips. A local government may establish an areawide
531 level-of-service standard for such a transportation concurrency
532 management area based upon an analysis that provides for a
533 justification for the areawide level of service, how urban
534 infill development, infill, and or redevelopment will be
535 promoted, and how mobility will be accomplished within the
536 transportation concurrency management area. Before Prior to the
537 designation of a concurrency management area is designated, the
538 local government shall consult with the state land planning
539 agency and the Department of Transportation shall be consulted
540 by the local government to assess the impact that the proposed
541 concurrency management area is expected to have on the adopted
542 level-of-service standards established for Strategic Intermodal
543 System facilities, as defined in s. 339.64, and roadway
544 facilities funded in accordance with s. 339.2819. Further, the
545 local government shall, in cooperation with the state land
546 planning agency and the Department of Transportation, develop a
547 plan to mitigate any impacts to the Strategic Intermodal System,
548 including, if appropriate, the development of a long-term
549 concurrency management system pursuant to subsection (9) and s.
550 163.3177(3)(d). Transportation concurrency management areas
551 existing prior to July 1, 2005, shall meet, at a minimum, the
552 provisions of this section by July 1, 2006, or at the time of
553 the comprehensive plan update pursuant to the evaluation and
554 appraisal report, whichever occurs last. The state land planning
555 agency shall amend chapter 9J-5, Florida Administrative Code, to
556 be consistent with this subsection.
557 (8) URBAN REDEVELOPMENT.—When assessing the transportation
558 impacts of proposed urban redevelopment within an established
559 existing urban service area, 150 110 percent of the actual
560 transportation impact caused by the previously existing
561 development must be reserved for the redevelopment, even if the
562 previously existing development had has a lesser or nonexisting
563 impact pursuant to the calculations of the local government.
564 Redevelopment requiring less than 150 110 percent of the
565 previously existing capacity shall not be prohibited due to the
566 reduction of transportation levels of service below the adopted
567 standards. This does not preclude the appropriate assessment of
568 fees or accounting for the impacts within the concurrency
569 management system and capital improvements program of the
570 affected local government. This subsection paragraph does not
571 affect local government requirements for appropriate development
572 permits.
573 (9)(a) LONG-TERM CONCURRENCY MANAGEMENT.—Each local
574 government may adopt, as a part of its plan, long-term
575 transportation and school concurrency management systems that
576 have with a planning period of up to 10 years for specially
577 designated districts or areas where significant backlogs exist.
578 The plan may include interim level-of-service standards on
579 certain facilities and must shall rely on the local government’s
580 schedule of capital improvements for up to 10 years as a basis
581 for issuing development orders authorizing the that authorize
582 commencement of construction in the these designated districts
583 or areas. The concurrency management system must be designed to
584 correct existing deficiencies and set priorities for addressing
585 backlogged facilities. The concurrency management system must be
586 financially feasible and consistent with other portions of the
587 adopted local plan, including the future land use map.
588 (b) If a local government has a transportation or school
589 facility backlog for existing development which cannot be
590 adequately addressed in a 10-year plan, the state land planning
591 agency may allow the local government it to develop a plan and
592 long-term schedule of capital improvements covering up to 15
593 years for good and sufficient cause. The state land planning
594 agency’s determination must be, based on a general comparison
595 between the that local government and all other similarly
596 situated local jurisdictions, using the following factors: 1.
597 The extent of the backlog. 2. For roads, whether the backlog is
598 on local or state roads. 3. The cost of eliminating the backlog.
599 4. The local government’s tax and other revenue-raising efforts.
600 (c) The local government may issue approvals to commence
601 construction notwithstanding this section, consistent with and
602 in areas that are subject to a long-term concurrency management
603 system.
604 (d) If the local government adopts a long-term concurrency
605 management system, it must evaluate the system periodically. At
606 a minimum, the local government must assess its progress toward
607 improving levels of service within the long-term concurrency
608 management district or area in the evaluation and appraisal
609 report and determine any changes that are necessary to
610 accelerate progress in meeting acceptable levels of service.
611 (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.—With regard
612 to roadway facilities on the Strategic Intermodal System which
613 are designated in accordance with s. 339.63 ss. 339.61, 339.62,
614 339.63, and 339.64, the Florida Intrastate Highway System as
615 defined in s. 338.001, and roadway facilities funded in
616 accordance with s. 339.2819, local governments shall adopt the
617 level-of-service standard established by the Department of
618 Transportation by rule; however, if a project involves qualified
619 jobs created and certified by the Office of Tourism, Trade, and
620 Economic Development or if the project is a nonresidential
621 project located within an area designated by the Governor as a
622 rural area of critical economic concern under s. 288.0656(7),
623 the affected local government, after consulting with the
624 Department of Transportation, may adopt into its comprehensive
625 plan a lower level-of-service standard than the standard adopted
626 by the Department of Transportation. The lower level-of-service
627 standard applies only to a project certified by the Office of
628 Tourism, Trade, and Economic Development. For all other roads on
629 the State Highway System, local governments shall establish an
630 adequate level-of-service standard that need not be consistent
631 with any level-of-service standard established by the Department
632 of Transportation. In establishing adequate level-of-service
633 standards for any arterial roads, or collector roads as
634 appropriate, which traverse multiple jurisdictions, local
635 governments shall consider compatibility with the roadway
636 facility’s adopted level-of-service standards in adjacent
637 jurisdictions. Each local government within a county shall use a
638 professionally accepted methodology for measuring impacts on
639 transportation facilities for the purposes of implementing its
640 concurrency management system. Counties are encouraged to
641 coordinate with adjacent counties, and local governments within
642 a county are encouraged to coordinate, for the purpose of using
643 common methodologies for measuring impacts on transportation
644 facilities and for the purpose of implementing their concurrency
645 management systems.
646 (11) LIMITATION OF LIABILITY.—In order to limit a local
647 government’s the liability of local governments, the a local
648 government shall may allow a landowner to proceed with the
649 development of a specific parcel of land notwithstanding a
650 failure of the development to satisfy transportation
651 concurrency, if when all the following factors are shown to
652 exist:
653 (a) The local government having with jurisdiction over the
654 property has adopted a local comprehensive plan that is in
655 compliance.
656 (b) The proposed development is would be consistent with
657 the future land use designation for the specific property and
658 with pertinent portions of the adopted local plan, as determined
659 by the local government.
660 (c) The local plan includes a financially feasible capital
661 improvements element that provides for transportation facilities
662 adequate to serve the proposed development, and the local
663 government has not implemented that element.
664 (d) The local government has provided a means for assessing
665 by which the landowner for will be assessed a fair share of the
666 cost of providing the transportation facilities necessary to
667 serve the proposed development.
668 (e) The landowner has made a binding commitment to the
669 local government to pay the fair share of the cost of providing
670 the transportation facilities to serve the proposed development.
671 (12) PROPORTIONATE-SHARE CONTRIBUTION.—
672 (a) A development of regional impact satisfies may satisfy
673 the transportation concurrency requirements of the local
674 comprehensive plan, the local government’s concurrency
675 management system, and s. 380.06 by paying payment of a
676 proportionate-share contribution for local and regionally
677 significant traffic impacts, if:
678 1.(a) The development of regional impact which, based on
679 its location or mix of land uses, is designed to encourage
680 pedestrian or other nonautomotive modes of transportation;
681 2.(b) The proportionate-share contribution for local and
682 regionally significant traffic impacts is sufficient to pay for
683 one or more required mobility improvements that will benefit the
684 network of a regionally significant transportation facilities
685 facility;
686 3.(c) The owner and developer of the development of
687 regional impact pays or assures payment of the proportionate-
688 share contribution to the local government having jurisdiction
689 over the development of regional impact; and
690 4.(d) If The regionally significant transportation facility
691 to be constructed or improved is under the maintenance authority
692 of a governmental entity, as defined by s. 334.03(12)., other
693 than The local government having with jurisdiction over the
694 development of regional impact must, the developer is required
695 to enter into a binding and legally enforceable commitment to
696 transfer funds to the governmental entity having maintenance
697 authority or to otherwise assure construction or improvement of
698 the facility reasonably related to the mobility demands created
699 by the development.
700 (b) The proportionate-share contribution may be applied to
701 any transportation facility to satisfy the provisions of this
702 subsection and the local comprehensive plan. ,but, for the
703 purposes of this subsection, The amount of the proportionate
704 share contribution shall be calculated based upon the cumulative
705 number of trips from the proposed development expected to reach
706 roadways during the peak hour at from the complete buildout of a
707 stage or phase being approved, divided by the change in the peak
708 hour maximum service volume of the roadways resulting from the
709 construction of an improvement necessary to maintain the adopted
710 level of service, multiplied by the construction cost, at the
711 time of developer payment, of the improvement necessary to
712 maintain the adopted level of service. For purposes of this
713 paragraph subsection, the term “construction cost” includes all
714 associated costs of the improvement. Proportionate-share
715 mitigation shall be limited to ensure that a development of
716 regional impact meeting the requirements of this subsection
717 mitigates its impact on the transportation system but is not
718 responsible for the additional cost of reducing or eliminating
719 backlogs. For purposes of this paragraph, the term “backlog”
720 means a facility or facilities on which the adopted level-of
721 service standard is exceeded by the existing trips, plus
722 additional projected background trips from any source other than
723 the development project under review which are forecast by
724 established traffic standards, including traffic modeling, and
725 are consistent with the University of Florida Bureau of Economic
726 and Business Research medium population projections. Additional
727 projected background trips shall be coincident with the
728 particular stage or phase of development under review.
729 1. A developer may not be required to fund or construct
730 proportionate-share mitigation that is more extensive than
731 mitigation necessary to offset the impact of the development
732 project under review.
733 2. Proportionate-share mitigation shall be applied as a
734 credit against any transportation impact fees or exactions
735 assessed for the traffic impacts of a development.
736 3. Proportionate-share mitigation may be directed toward
737 one or more specific transportation improvements reasonably
738 related to the mobility demands created by the development and
739 such improvements may address one or more modes of
740 transportation.
741 4. The payment for such improvements that significantly
742 benefit the impacted transportation system satisfies concurrency
743 requirements as a mitigation of the development’s stage or phase
744 impacts upon the overall transportation system even if there
745 remains a failure of concurrency on other impacted facilities.
746 5. This subsection also applies to Florida Quality
747 Developments pursuant to s. 380.061 and to detailed specific
748 area plans implementing optional sector plans pursuant to s.
749 163.3245.
750 (13) SCHOOL CONCURRENCY.—School concurrency shall be
751 established on a districtwide basis and shall include all public
752 schools in the district and all portions of the district,
753 whether located in a municipality or an unincorporated area
754 unless exempt from the public school facilities element pursuant
755 to s. 163.3177(12). The application of school concurrency to
756 development shall be based upon the adopted comprehensive plan,
757 as amended. All local governments within a county, except as
758 provided in paragraph (f), shall adopt and transmit to the state
759 land planning agency the necessary plan amendments, along with
760 the interlocal agreement, for a compliance review pursuant to s.
761 163.3184(7) and (8). The minimum requirements for school
762 concurrency are the following:
763 (a) Public school facilities element.—A local government
764 shall adopt and transmit to the state land planning agency a
765 plan or plan amendment which includes a public school facilities
766 element which is consistent with the requirements of s.
767 163.3177(12) and which is determined to be in compliance as
768 defined in s. 163.3184(1)(b). All local government public school
769 facilities plan elements within a county must be consistent with
770 each other as well as the requirements of this part.
771 (b) Level-of-service standards.—The Legislature recognizes
772 that an essential requirement for a concurrency management
773 system is the level of service at which a public facility is
774 expected to operate.
775 1. Local governments and school boards imposing school
776 concurrency shall exercise authority in conjunction with each
777 other to establish jointly adequate level-of-service standards,
778 as defined in chapter 9J-5, Florida Administrative Code,
779 necessary to implement the adopted local government
780 comprehensive plan, based on data and analysis.
781 2. Public school level-of-service standards shall be
782 included and adopted into the capital improvements element of
783 the local comprehensive plan and shall apply districtwide to all
784 schools of the same type. Types of schools may include
785 elementary, middle, and high schools as well as special purpose
786 facilities such as magnet schools.
787 3. Local governments and school boards shall have the
788 option to utilize tiered level-of-service standards to allow
789 time to achieve an adequate and desirable level of service as
790 circumstances warrant.
791 (c) Service areas.—The Legislature recognizes that an
792 essential requirement for a concurrency system is a designation
793 of the area within which the level of service will be measured
794 when an application for a residential development permit is
795 reviewed for school concurrency purposes. This delineation is
796 also important for purposes of determining whether the local
797 government has a financially feasible public school capital
798 facilities program that will provide schools which will achieve
799 and maintain the adopted level-of-service standards.
800 1. In order to balance competing interests, preserve the
801 constitutional concept of uniformity, and avoid disruption of
802 existing educational and growth management processes, local
803 governments are encouraged to initially apply school concurrency
804 to development only on a districtwide basis so that a
805 concurrency determination for a specific development will be
806 based upon the availability of school capacity districtwide. To
807 ensure that development is coordinated with schools having
808 available capacity, within 5 years after adoption of school
809 concurrency, local governments shall apply school concurrency on
810 a less than districtwide basis, such as using school attendance
811 zones or concurrency service areas, as provided in subparagraph
812 2.
813 2. For local governments applying school concurrency on a
814 less than districtwide basis, such as utilizing school
815 attendance zones or larger school concurrency service areas,
816 local governments and school boards shall have the burden to
817 demonstrate that the utilization of school capacity is maximized
818 to the greatest extent possible in the comprehensive plan and
819 amendment, taking into account transportation costs and court
820 approved desegregation plans, as well as other factors. In
821 addition, in order to achieve concurrency within the service
822 area boundaries selected by local governments and school boards,
823 the service area boundaries, together with the standards for
824 establishing those boundaries, shall be identified and included
825 as supporting data and analysis for the comprehensive plan.
826 3. Where school capacity is available on a districtwide
827 basis but school concurrency is applied on a less than
828 districtwide basis in the form of concurrency service areas, if
829 the adopted level-of-service standard cannot be met in a
830 particular service area as applied to an application for a
831 development permit and if the needed capacity for the particular
832 service area is available in one or more contiguous service
833 areas, as adopted by the local government, then the local
834 government may not deny an application for site plan or final
835 subdivision approval or the functional equivalent for a
836 development or phase of a development on the basis of school
837 concurrency, and if issued, development impacts shall be shifted
838 to contiguous service areas with schools having available
839 capacity.
840 (d) Financial feasibility.—The Legislature recognizes that
841 financial feasibility is an important issue because the premise
842 of concurrency is that the public facilities will be provided in
843 order to achieve and maintain the adopted level-of-service
844 standard. This part and chapter 9J-5, Florida Administrative
845 Code, contain specific standards to determine the financial
846 feasibility of capital programs. These standards were adopted to
847 make concurrency more predictable and local governments more
848 accountable.
849 1. A comprehensive plan amendment seeking to impose school
850 concurrency shall contain appropriate amendments to the capital
851 improvements element of the comprehensive plan, consistent with
852 the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
853 Administrative Code. The capital improvements element shall set
854 forth a financially feasible public school capital facilities
855 program, established in conjunction with the school board, that
856 demonstrates that the adopted level-of-service standards will be
857 achieved and maintained.
858 2. Such amendments shall demonstrate that the public school
859 capital facilities program meets all of the financial
860 feasibility standards of this part and chapter 9J-5, Florida
861 Administrative Code, that apply to capital programs which
862 provide the basis for mandatory concurrency on other public
863 facilities and services.
864 3. When the financial feasibility of a public school
865 capital facilities program is evaluated by the state land
866 planning agency for purposes of a compliance determination, the
867 evaluation shall be based upon the service areas selected by the
868 local governments and school board.
869 (e) Availability standard.—Consistent with the public
870 welfare, a local government may not deny an application for a
871 comprehensive plan amendment, residential rezoning, site plan,
872 final subdivision approval, or the functional equivalent for a
873 development or phase of a development authorizing residential
874 development for failure to achieve and maintain the level-of
875 service standard for public school capacity in a local school
876 concurrency management system where adequate school facilities
877 will be in place or under actual construction within 3 years
878 after the adoption of a comprehensive plan amendment, rezoning,
879 or the issuance of final subdivision or site plan approval, or
880 the functional equivalent. If the required school facilities are
881 not in place or construction is scheduled to commence within 3
882 years after the adoption of the comprehensive plan amendment,
883 rezoning, or the issuance of final subdivision or site approval,
884 or the functional equivalent, school concurrency shall be is
885 satisfied if the developer executes a legally binding commitment
886 to provide mitigation proportionate to the demand for public
887 school facilities to be created by actual development of the
888 property, including, but not limited to, the options described
889 in subparagraph 1. Options for proportionate-share mitigation of
890 impacts on public school facilities must be established in the
891 public school facilities element and the interlocal agreement
892 pursuant to s. 163.31777.
893 1. Appropriate mitigation options include the contribution
894 of land; the construction, expansion, or payment for land
895 acquisition or construction of a public school facility; the
896 construction of a charter school that complies with the
897 requirements of subparagraph 2.; or the creation of mitigation
898 banking based on the construction of a public school facility or
899 charter school that complies with the requirements of
900 subparagraph 2. in exchange for the right to sell capacity
901 credits. Such options must include execution by the applicant
902 and the local government of a development agreement that
903 constitutes a legally binding commitment to pay proportionate
904 share mitigation for the additional residential units approved
905 by the local government in a development order and actually
906 developed on the property, taking into account residential
907 density allowed on the property prior to the plan amendment that
908 increased the overall residential density. The district school
909 board must be a party to such an agreement. The local government
910 or district school board’s authority to refuse the approval of a
911 development agreement proffering charter school facilities is
912 limited by the agreement’s compliance with subparagraph 2. As a
913 condition of its entry into such a development agreement, the
914 local government may require the landowner to agree to
915 continuing renewal of the agreement upon its expiration.
916 2. The construction of a charter school facility is an
917 appropriate mitigation option if the facility will offer
918 enrollment to students who reside within a defined geographic
919 area as provided in s. 1002.33(10)(e)(4)., and the construction
920 of the facility complies with the life safety requirements of
921 the State Requirements for Educational Facilities (SREF).
922 District school boards shall monitor and inspect charter school
923 facilities constructed under this section to ensure compliance
924 with the life safety requirements of the SREF and may waive the
925 SREF standards in the same manner as permitted for district
926 owned public schools.
927 3.2. If the education facilities plan and the public
928 educational facilities element authorize a contribution of land;
929 the construction, expansion, or payment for land acquisition; or
930 the construction or expansion of a public school facility, or a
931 portion thereof, or the construction of a charter school that
932 complies with the requirements in subparagraph 2., as
933 proportionate-share mitigation, the local government shall
934 credit such a contribution, construction, expansion, or payment
935 toward any other concurrency management system, concurrency
936 exaction, impact fee, or exaction imposed by local ordinance for
937 the same need, on a dollar-for-dollar basis at fair market
938 value.
939 4.3. Any proportionate-share mitigation must be included
940 directed by the school board as toward a school capacity
941 improvement and identified in a financially feasible 5-year
942 district work plan that satisfies the demands created by the
943 development in accordance with a binding developer’s agreement.
944 5.4. If a development is precluded from commencing because
945 there is inadequate classroom capacity to mitigate the impacts
946 of the development, the development may nevertheless commence if
947 there are accelerated facilities in an approved capital
948 improvement element scheduled for construction in year four or
949 later of such plan which, when built, will mitigate the proposed
950 development, or if such accelerated facilities will be in the
951 next annual update of the capital facilities element, the
952 developer enters into a binding, financially guaranteed
953 agreement with the school district to construct an accelerated
954 facility within the first 3 years of an approved capital
955 improvement plan, and the cost of the school facility is equal
956 to or greater than the development’s proportionate share. When
957 the completed school facility is conveyed to the school
958 district, the developer shall receive impact fee credits usable
959 within the zone where the facility is constructed or any
960 attendance zone contiguous with or adjacent to the zone where
961 the facility is constructed.
962 6.5. This paragraph does not limit the authority of a local
963 government to deny a development permit or its functional
964 equivalent pursuant to its home rule regulatory powers, except
965 as provided in this part.
966 (f) Intergovernmental coordination.—
967 1. When establishing concurrency requirements for public
968 schools, a local government shall satisfy the requirements for
969 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
970 and 2., except that a municipality is not required to be a
971 signatory to the interlocal agreement required by ss.
972 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
973 imposition of school concurrency, and as a nonsignatory, shall
974 not participate in the adopted local school concurrency system,
975 if the municipality meets all of the following criteria for
976 having no significant impact on school attendance:
977 a. The municipality has issued development orders for fewer
978 than 50 residential dwelling units during the preceding 5 years,
979 or the municipality has generated fewer than 25 additional
980 public school students during the preceding 5 years.
981 b. The municipality has not annexed new land during the
982 preceding 5 years in land use categories which permit
983 residential uses that will affect school attendance rates.
984 c. The municipality has no public schools located within
985 its boundaries.
986 d. At least 80 percent of the developable land within the
987 boundaries of the municipality has been built upon.
988 2. A municipality which qualifies as having no significant
989 impact on school attendance pursuant to the criteria of
990 subparagraph 1. must review and determine at the time of its
991 evaluation and appraisal report pursuant to s. 163.3191 whether
992 it continues to meet the criteria pursuant to s. 163.31777(6).
993 If the municipality determines that it no longer meets the
994 criteria, it must adopt appropriate school concurrency goals,
995 objectives, and policies in its plan amendments based on the
996 evaluation and appraisal report, and enter into the existing
997 interlocal agreement required by ss. 163.3177(6)(h)2. and
998 163.31777, in order to fully participate in the school
999 concurrency system. If such a municipality fails to do so, it
1000 will be subject to the enforcement provisions of s. 163.3191.
1001 (g) Interlocal agreement for school concurrency.—When
1002 establishing concurrency requirements for public schools, a
1003 local government must enter into an interlocal agreement that
1004 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
1005 163.31777 and the requirements of this subsection. The
1006 interlocal agreement shall acknowledge both the school board’s
1007 constitutional and statutory obligations to provide a uniform
1008 system of free public schools on a countywide basis, and the
1009 land use authority of local governments, including their
1010 authority to approve or deny comprehensive plan amendments and
1011 development orders. The interlocal agreement shall be submitted
1012 to the state land planning agency by the local government as a
1013 part of the compliance review, along with the other necessary
1014 amendments to the comprehensive plan required by this part. In
1015 addition to the requirements of ss. 163.3177(6)(h) and
1016 163.31777, the interlocal agreement shall meet the following
1017 requirements:
1018 1. Establish the mechanisms for coordinating the
1019 development, adoption, and amendment of each local government’s
1020 public school facilities element with each other and the plans
1021 of the school board to ensure a uniform districtwide school
1022 concurrency system.
1023 2. Establish a process for the development of siting
1024 criteria which encourages the location of public schools
1025 proximate to urban residential areas to the extent possible and
1026 seeks to collocate schools with other public facilities such as
1027 parks, libraries, and community centers to the extent possible.
1028 3. Specify uniform, districtwide level-of-service standards
1029 for public schools of the same type and the process for
1030 modifying the adopted level-of-service standards.
1031 4. Establish a process for the preparation, amendment, and
1032 joint approval by each local government and the school board of
1033 a public school capital facilities program which is financially
1034 feasible, and a process and schedule for incorporation of the
1035 public school capital facilities program into the local
1036 government comprehensive plans on an annual basis.
1037 5. Define the geographic application of school concurrency.
1038 If school concurrency is to be applied on a less than
1039 districtwide basis in the form of concurrency service areas, the
1040 agreement shall establish criteria and standards for the
1041 establishment and modification of school concurrency service
1042 areas. The agreement shall also establish a process and schedule
1043 for the mandatory incorporation of the school concurrency
1044 service areas and the criteria and standards for establishment
1045 of the service areas into the local government comprehensive
1046 plans. The agreement shall ensure maximum utilization of school
1047 capacity, taking into account transportation costs and court
1048 approved desegregation plans, as well as other factors. The
1049 agreement shall also ensure the achievement and maintenance of
1050 the adopted level-of-service standards for the geographic area
1051 of application throughout the 5 years covered by the public
1052 school capital facilities plan and thereafter by adding a new
1053 fifth year during the annual update.
1054 6. Establish a uniform districtwide procedure for
1055 implementing school concurrency which provides for:
1056 a. The evaluation of development applications for
1057 compliance with school concurrency requirements, including
1058 information provided by the school board on affected schools,
1059 impact on levels of service, and programmed improvements for
1060 affected schools and any options to provide sufficient capacity;
1061 b. An opportunity for the school board to review and
1062 comment on the effect of comprehensive plan amendments and
1063 rezonings on the public school facilities plan; and
1064 c. The monitoring and evaluation of the school concurrency
1065 system.
1066 7. Include provisions relating to amendment of the
1067 agreement.
1068 8. A process and uniform methodology for determining
1069 proportionate-share mitigation pursuant to subparagraph (e)1.
1070 (h) Local government authority.—This subsection does not
1071 limit the authority of a local government to grant or deny a
1072 development permit or its functional equivalent prior to the
1073 implementation of school concurrency. However, after school
1074 concurrency is implemented, a local government may not deny or
1075 impose conditions upon a development permit or comprehensive
1076 plan amendment because of inadequate school capacity if capacity
1077 is or is deemed to be available pursuant to paragraph (c) or
1078 paragraph (e), or if the developer pursuant to paragraph (e)
1079 executes a legally binding commitment to provide mitigation
1080 proportionate to the demand for the creation of public school
1081 facilities.
1082 (14) RULEMAKING AUTHORITY.—The state land planning agency
1083 shall, by October 1, 1998, adopt by rule minimum criteria for
1084 the review and determination of compliance of a public school
1085 facilities element adopted by a local government for purposes of
1086 the imposition of school concurrency.
1087 (15)(a) MULTIMODAL DISTRICTS.—Multimodal transportation
1088 districts may be established under a local government
1089 comprehensive plan in areas delineated on the future land use
1090 map for which the local comprehensive plan assigns secondary
1091 priority to vehicle mobility and primary priority to assuring a
1092 safe, comfortable, and attractive pedestrian environment, with
1093 convenient interconnection to transit. Such districts must
1094 incorporate community design features that will reduce the
1095 number of automobile trips or vehicle miles of travel and will
1096 support an integrated, multimodal transportation system. Before
1097 Prior to the designation of multimodal transportation districts,
1098 the Department of Transportation shall, in consultation with be
1099 consulted by the local government, to assess the impact that the
1100 proposed multimodal district area is expected to have on the
1101 adopted level-of-service standards established for Strategic
1102 Intermodal System facilities, as provided in s. 339.63 defined
1103 in s. 339.64, and roadway facilities funded in accordance with
1104 s. 339.2819. Further, the local government shall, in cooperation
1105 with the Department of Transportation, develop a plan to
1106 mitigate any impacts to the Strategic Intermodal System,
1107 including the development of a long-term concurrency management
1108 system pursuant to subsection (9) and s. 163.3177(3)(d).
1109 Multimodal transportation districts existing prior to July 1,
1110 2005, shall meet, at a minimum, the provisions of this section
1111 by July 1, 2006, or at the time of the comprehensive plan update
1112 pursuant to the evaluation and appraisal report, whichever
1113 occurs last.
1114 (b) Community design elements of such a multimodal
1115 transportation district include:
1116 1. A complementary mix and range of land uses, including
1117 educational, recreational, and cultural uses;
1118 2. Interconnected networks of streets designed to encourage
1119 walking and bicycling, with traffic-calming where desirable;
1120 3. Appropriate densities and intensities of use within
1121 walking distance of transit stops;
1122 4. Daily activities within walking distance of residences,
1123 allowing independence to persons who do not drive; and
1124 5. Public uses, streets, and squares that are safe,
1125 comfortable, and attractive for the pedestrian, with adjoining
1126 buildings open to the street and with parking not interfering
1127 with pedestrian, transit, automobile, and truck travel modes.
1128 (c) Local governments may establish multimodal level-of
1129 service standards that rely primarily on nonvehicular modes of
1130 transportation within the district, if when justified by an
1131 analysis demonstrating that the existing and planned community
1132 design will provide an adequate level of mobility within the
1133 district based upon professionally accepted multimodal level-of
1134 service methodologies. The analysis must also demonstrate that
1135 the capital improvements required to promote community design
1136 are financially feasible over the development or redevelopment
1137 timeframe for the district and that community design features
1138 within the district provide convenient interconnection for a
1139 multimodal transportation system. Local governments may issue
1140 development permits in reliance upon all planned community
1141 design capital improvements that are financially feasible over
1142 the development or redevelopment timeframe for the district,
1143 regardless of without regard to the period of time between
1144 development or redevelopment and the scheduled construction of
1145 the capital improvements. A determination of financial
1146 feasibility shall be based upon currently available funding or
1147 funding sources that could reasonably be expected to become
1148 available over the planning period.
1149 (d) Local governments may reduce impact fees or local
1150 access fees for development within multimodal transportation
1151 districts based on the reduction of vehicle trips per household
1152 or vehicle miles of travel expected from the development pattern
1153 planned for the district.
1154 (e) By December 1, 2007, The Department of Transportation,
1155 in consultation with the state land planning agency and
1156 interested local governments, may designate a study area for
1157 conducting a pilot project to determine the benefits of and
1158 barriers to establishing a regional multimodal transportation
1159 concurrency district that extends over more than one local
1160 government jurisdiction. If designated:
1161 1. The study area must be in a county that has a population
1162 of at least 1,000 persons per square mile, be within an urban
1163 service area, and have the consent of the local governments
1164 within the study area. The Department of Transportation and the
1165 state land planning agency shall provide technical assistance.
1166 2. The local governments within the study area and the
1167 Department of Transportation, in consultation with the state
1168 land planning agency, shall cooperatively create a multimodal
1169 transportation plan that meets the requirements in of this
1170 section. The multimodal transportation plan must include viable
1171 local funding options and incorporate community design features,
1172 including a range of mixed land uses and densities and
1173 intensities, which will reduce the number of automobile trips or
1174 vehicle miles of travel while supporting an integrated,
1175 multimodal transportation system.
1176 3. In order to effectuate the multimodal transportation
1177 concurrency district, participating local governments may adopt
1178 appropriate comprehensive plan amendments.
1179 4. The Department of Transportation, in consultation with
1180 the state land planning agency, shall submit a report by March
1181 1, 2009, to the Governor, the President of the Senate, and the
1182 Speaker of the House of Representatives on the status of the
1183 pilot project. The report must identify any factors that support
1184 or limit the creation and success of a regional multimodal
1185 transportation district including intergovernmental
1186 coordination.
1187 (16) PROPORTIONATE FAIR-SHARE MITIGATION.—It is the intent
1188 of the Legislature to provide a method by which the impacts of
1189 development on transportation facilities can be mitigated by the
1190 cooperative efforts of the public and private sectors. The
1191 methodology used to calculate proportionate fair-share
1192 mitigation shall be calculated as follows: mitigation under this
1193 section shall be as provided for in subsection (12).
1194 (a) The proportionate fair-share contribution shall be
1195 calculated based upon the cumulative number of trips from the
1196 proposed development expected to reach roadways during the peak
1197 hour at the complete buildout of a stage or phase being
1198 approved, divided by the change in the peak hour maximum service
1199 volume of the roadways resulting from the construction of an
1200 improvement necessary to maintain the adopted level of service.
1201 The calculated proportionate fair-share contribution shall be
1202 multiplied by the construction cost, at the time of developer
1203 payment, of the improvement necessary to maintain the adopted
1204 level of service in order to determine the proportionate fair
1205 share contribution. For purposes of this subparagraph, the term
1206 “construction cost” includes all associated costs of the
1207 improvement.
1208 (b)(a) By December 1, 2006, Each local government shall
1209 adopt by ordinance a methodology for assessing proportionate
1210 fair-share mitigation options consistent with this section. By
1211 December 1, 2005, the Department of Transportation shall develop
1212 a model transportation concurrency management ordinance with
1213 methodologies for assessing proportionate fair-share mitigation
1214 options.
1215 (c)(b)1. In its transportation concurrency management
1216 system, a local government shall, by December 1, 2006, include
1217 methodologies that will be applied to calculate proportionate
1218 fair-share mitigation. A developer may choose to satisfy all
1219 transportation concurrency requirements by contributing or
1220 paying proportionate fair-share mitigation if transportation
1221 facilities or facility segments identified as mitigation for
1222 traffic impacts are specifically identified for funding in the
1223 5-year schedule of capital improvements in the capital
1224 improvements element of the local plan or the long-term
1225 concurrency management system or if such contributions or
1226 payments to such facilities or segments are reflected in the 5-
1227 year schedule of capital improvements in the next regularly
1228 scheduled update of the capital improvements element. Updates to
1229 the 5-year capital improvements element which reflect
1230 proportionate fair-share contributions may not be found not in
1231 compliance based on ss. 163.3164(32) and 163.3177(3) if
1232 additional contributions, payments or funding sources are
1233 reasonably anticipated during a period not to exceed 10 years to
1234 fully mitigate impacts on the transportation facilities.
1235 2. Proportionate fair-share mitigation shall be applied as
1236 a credit against all transportation impact fees or any exactions
1237 assessed for the traffic impacts of a development to the extent
1238 that all or a portion of the proportionate fair-share mitigation
1239 is used to address the same capital infrastructure improvements
1240 contemplated by the local government’s impact fee ordinance.
1241 (d)(c) Proportionate fair-share mitigation includes,
1242 without limitation, separately or collectively, private funds,
1243 contributions of land, or and construction and contribution of
1244 facilities and may include public funds as determined by the
1245 local government. Proportionate fair-share mitigation may be
1246 directed toward one or more specific transportation improvements
1247 reasonably related to the mobility demands created by the
1248 development and such improvements may address one or more modes
1249 of travel. The fair market value of the proportionate fair-share
1250 mitigation may shall not differ based on the form of mitigation.
1251 A local government may not require a development to pay more
1252 than its proportionate fair-share contribution regardless of the
1253 method of mitigation. Proportionate fair-share mitigation shall
1254 be limited to ensure that a development meeting the requirements
1255 of this section mitigates its impact on the transportation
1256 system but is not responsible for the additional cost of
1257 reducing or eliminating backlogs. For purposes of this
1258 paragraph, the term “backlog” means a facility or facilities on
1259 which the adopted level-of-service standard is exceeded by the
1260 existing trips, plus additional projected background trips from
1261 any source other than the development project under review which
1262 are forecast by established traffic standards, including traffic
1263 modeling, consistent with the University of Florida Bureau of
1264 Economic and Business Research medium population projections.
1265 Additional projected background trips are to be coincident with
1266 the particular stage or phase of development under review.
1267 (e)(d) This subsection does not require a local government
1268 to approve a development that is not otherwise qualified for
1269 approval pursuant to the applicable local comprehensive plan and
1270 land development regulations; however, a development that
1271 satisfies the requirements of this section may not be denied on
1272 the basis of a failure to mitigate its transportation impacts
1273 under the local comprehensive plan or land development
1274 regulations. This paragraph does not limit a local government
1275 from imposing lawfully adopted transportation impact fees.
1276 (f)(e) Mitigation for development impacts to facilities on
1277 the Strategic Intermodal System made pursuant to this subsection
1278 requires the concurrence of the Department of Transportation.
1279 (g)(f) If the funds in an adopted 5-year capital
1280 improvements element are insufficient to fully fund construction
1281 of a transportation improvement required by the local
1282 government’s concurrency management system, a local government
1283 and a developer may still enter into a binding proportionate-
1284 share agreement authorizing the developer to construct that
1285 amount of development on which the proportionate share is
1286 calculated if the proportionate-share amount in such agreement
1287 is sufficient to pay for one or more improvements which will, in
1288 the opinion of the governmental entity or entities maintaining
1289 the transportation facilities, significantly benefit the
1290 impacted transportation system. The improvements funded by the
1291 proportionate-share component must be adopted into the 5-year
1292 capital improvements schedule of the comprehensive plan at the
1293 next annual capital improvements element update. The funding of
1294 any improvements that significantly benefit the impacted
1295 transportation system satisfies concurrency requirements as a
1296 mitigation of the development’s impact upon the overall
1297 transportation system even if there remains a failure of
1298 concurrency on other impacted facilities.
1299 (h)(g) Except as provided in subparagraph (c)1. (b)1., this
1300 section does may not prohibit the state land planning agency
1301 Department of Community Affairs from finding other portions of
1302 the capital improvements element amendments not in compliance as
1303 provided in this chapter.
1304 (i)(h) The provisions of This subsection does do not apply
1305 to a development of regional impact satisfying the requirements
1306 in of subsection (12).
1307 (17) AFFORDABLE WORKFORCE HOUSING.—A local government and
1308 the developer of affordable workforce housing units developed in
1309 accordance with s. 380.06(19) or s. 380.0651(3) may identify an
1310 employment center or centers in close proximity to the
1311 affordable workforce housing units. If at least 50 percent of
1312 the units are occupied by an employee or employees of an
1313 identified employment center or centers, all of the affordable
1314 workforce housing units are exempt from transportation
1315 concurrency requirements, and the local government may not
1316 reduce any transportation trip-generation entitlements of an
1317 approved development-of-regional-impact development order. As
1318 used in this subsection, the term “close proximity” means 5
1319 miles from the nearest point of the development of regional
1320 impact to the nearest point of the employment center, and the
1321 term “employment center” means a place of employment that
1322 employs at least 25 or more full-time employees.
1323 (18) INCENTIVES FOR CONTRIBUTIONS.—Landowners or
1324 developers, including landowners or developers of developments
1325 of regional impact, who propose a large-scale development of 500
1326 cumulative acres or more may satisfy all of the transportation
1327 concurrency requirements by contributing or paying proportionate
1328 share or proportionate fair-share mitigation. If such
1329 contribution is made, a local government shall:
1330 (a) Designate the traffic impacts for transportation
1331 facilities or facility segments as mitigated for funding in the
1332 5-year schedule of capital improvements in the capital
1333 improvements element of the local comprehensive plan or the
1334 long-term concurrency management system; or
1335 (b) Reflect that the traffic impacts for transportation
1336 facilities or facility segments are mitigated in the 5-year
1337 schedule of capital improvements in the next regularly scheduled
1338 update of the capital improvements element. Updates to the 5
1339 year capital improvements element which reflect proportionate
1340 share or proportionate fair-share contributions are deemed
1341 compliant with s. 163.3164(32) or s. 163.3177(3) if additional
1342 contributions, payments, or funding sources are reasonably
1343 anticipated during a period not to exceed 10 years and would
1344 fully mitigate impacts on the transportation facilities and
1345 facility segments.
1346 (19) COSTS OF MITIGATION.—The costs of mitigation for
1347 concurrency impacts shall be distributed to all affected
1348 jurisdictions by the local government having jurisdiction over
1349 project or development approval. Distribution shall be
1350 proportionate to the percentage of the total concurrency
1351 mitigation costs incurred by an affected jurisdiction.
1352 Section 4. Section 163.31802, Florida Statutes, is created
1353 to read:
1354 163.31802 Prohibited standards for security.—A county,
1355 municipality, or other local government entity may not adopt or
1356 maintain in effect an ordinance or rule that establishes
1357 standards for security devices which require a lawful business
1358 to expend funds to enhance the services or functions provided by
1359 local government unless provided by general law. This section
1360 does not apply to municipalities that have a total population of
1361 50,000 or fewer and adopted an ordinance or rule establishing
1362 standards for security devices before February 1, 2009.
1363 Section 5. Subsection (2) of section 163.3182, Florida
1364 Statutes, is amended to read:
1365 163.3182 Transportation concurrency backlogs.—
1366 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
1367 AUTHORITIES.—
1368 (a) A county or municipality may create a transportation
1369 concurrency backlog authority if it has an identified
1370 transportation concurrency backlog.
1371 (b) No later than 2012, a local government that has an
1372 identified transportation concurrency backlog shall adopt one or
1373 more transportation concurrency backlog areas as part of the
1374 local government’s capital improvements element update to its
1375 submission of financial feasibility to the state land planning
1376 agency. Any additional areas that a local government creates
1377 shall be submitted biannually to the state land planning agency
1378 until the local government has demonstrated, no later than 2027,
1379 that the backlog existing in 2012 has been mitigated through
1380 construction or planned construction of the necessary
1381 transportation mobility improvements. If a local government is
1382 unable to meet the biannual requirements of the capital
1383 improvements element update for new areas as a result of
1384 economic conditions, the local government may request from the
1385 state land planning agency a one-time waiver of the requirement
1386 to file the biannual creation of new transportation concurrency
1387 backlog authority areas.
1388 (c) Landowners or developers within a large-scale
1389 development area of 500 cumulative acres or more may request the
1390 local government to create a transportation concurrency backlog
1391 area for the development area for roadways significantly
1392 affected by traffic from the development if those roadways are
1393 or will be backlogged as defined by s. 163.3180(12)(b). If a
1394 development permit is issued or a comprehensive plan amendment
1395 is approved within the development area, the local government
1396 shall designate the transportation concurrency backlog area if
1397 the funding is sufficient to address one or more transportation
1398 capacity improvements necessary to satisfy the additional
1399 deficiencies coexisting or anticipated with the new development.
1400 The transportation concurrency backlog area shall be created by
1401 ordinance and shall be used to satisfy all proportionate share
1402 or proportionate fair-share transportation concurrency
1403 contributions of the development not otherwise satisfied by
1404 impact fees. The local government shall manage the area acting
1405 as a transportation concurrency backlog authority and all
1406 applicable provisions of this section apply, except that the tax
1407 increment shall be used to satisfy transportation concurrency
1408 requirements not otherwise satisfied by impact fees.
1409 (d)(b) Acting as the transportation concurrency backlog
1410 authority within the authority’s jurisdictional boundary, the
1411 governing body of a county or municipality shall adopt and
1412 implement a plan to eliminate all identified transportation
1413 concurrency backlogs within the authority’s jurisdiction using
1414 funds provided pursuant to subsection (5) and as otherwise
1415 provided pursuant to this section.
1416 (e) Notwithstanding any general law, special act, or
1417 ordinance to the contrary, a local government may not require
1418 any payments for transportation concurrency exceeding a
1419 development’s traffic impacts as identified pursuant to impact
1420 fees or s. 163.3180(12) or (16) and may not require such
1421 payments as a condition of a development order or permit. If
1422 such payments required to satisfy a development’s share of
1423 transportation concurrency costs do not mitigate all traffic
1424 impacts of the planned development area because of existing or
1425 future backlog conditions, the owner or developer may petition
1426 the local government for designation of a transportation
1427 concurrency backlog area pursuant to this section, which shall
1428 satisfy any remaining concurrency backlog requirements in the
1429 impacted area.
1430 Section 6. Paragraph (a) of subsection (7) of section
1431 380.06, Florida Statutes, is amended to read:
1432 380.06 Developments of regional impact.—
1433 (7) PREAPPLICATION PROCEDURES.—
1434 (a) Before filing an application for development approval,
1435 the developer shall contact the regional planning agency having
1436 with jurisdiction over the proposed development to arrange a
1437 preapplication conference. Upon the request of the developer or
1438 the regional planning agency, other affected state and regional
1439 agencies shall participate in the this conference and shall
1440 identify the types of permits issued by the agencies, the level
1441 of information required, and the permit issuance procedures as
1442 applied to the proposed development. The levels of service
1443 required in the transportation methodology must be the same
1444 levels of service used to evaluate concurrency and proportionate
1445 share pursuant to s. 163.3180. The regional planning agency
1446 shall provide the developer information to the developer
1447 regarding about the development-of-regional-impact process and
1448 the use of preapplication conferences to identify issues,
1449 coordinate appropriate state and local agency requirements, and
1450 otherwise promote a proper and efficient review of the proposed
1451 development. If an agreement is reached regarding assumptions
1452 and methodology to be used in the application for development
1453 approval, the reviewing agencies may not subsequently object to
1454 those assumptions and methodologies unless subsequent changes to
1455 the project or information obtained during the review make those
1456 assumptions and methodologies inappropriate.
1457 Section 7. Present subsection (19) of section 403.973,
1458 Florida Statutes, is redesignated as subsection (20), and a new
1459 subsection (19) is added to that section, to read:
1460 403.973 Expedited permitting; comprehensive plan
1461 amendments.—
1462 (19) It is the intent of the Legislature to encourage and
1463 facilitate the location of businesses in the state which will
1464 create jobs and high wages, diversify the state’s economy, and
1465 promote the development of energy saving technologies and other
1466 clean technologies to be used in Florida communities. It is also
1467 the intent of the Legislature to provide incentives in
1468 regulatory process for mixed use projects that are regional
1469 centers for clean technology (RCCT) to accomplish the goals of
1470 this section and meet additional performance criteria for
1471 conservation, reduced energy and water consumption, and other
1472 practices for creating a sustainable community.
1473 (a) In order to qualify for the incentives in this
1474 subsection, a proposed RCCT project must:
1475 1. Create new jobs in development, manufacturing, and
1476 distribution in the clean technology industry, including, but
1477 not limited to, energy and fuel saving, alternative energy
1478 production, or carbon-reduction technologies. Overall job
1479 creation must be at a minimum ratio of one job for every
1480 household in the project and produce no fewer than 10,000 jobs
1481 upon completion of the project.
1482 2. Provide at least 25 percent of site-wide demand for
1483 electricity by new renewable energy sources.
1484 3. Use building design and construction techniques and
1485 materials to reduce project-wide energy demand by at least 25
1486 percent compared to 2009 average per capita consumption for the
1487 state.
1488 4. Use conservation and construction techniques and
1489 materials to reduce potable water consumption by at least 25
1490 percent compared to 2009 average per capita consumption for the
1491 state.
1492 5. Have a projected per capita carbon emissions at least 25
1493 percent below the 2009 average per capita carbon emissions for
1494 the state.
1495 6. Contain at least 25,000 acres, at least 50 percent of
1496 which will be dedicated to conservation or open space. The
1497 project site must be directly accessible to a crossroad of two
1498 Strategic Intermodal System facilities and may not be located in
1499 a coastal high-hazard area.
1500 7. Be planned to contain a mix of land uses, including, at
1501 minimum, 5 million square feet of combined research and
1502 development, industrial uses, and commercial land uses, and a
1503 balanced mix of housing to meet the demands for jobs and wages
1504 created within the project.
1505 8. Be designed to greatly reduce the need for automobile
1506 usage through an intramodal mass transit system, site design,
1507 and other strategies to reduce vehicle miles travelled.
1508 (b) The office shall certify a RCCT project as eligible for
1509 the incentives in this subsection within 30 days after receiving
1510 an application that meets the criteria paragraph (a). The
1511 application must be received within 180 days after July 1, 2009,
1512 in order to qualify for this incentive. The recommendation from
1513 the governing body of the county or municipality in which the
1514 project may be located is required in order for the office to
1515 certify that any project is eligible for the expedited review
1516 and incentives under this subsection. The office may decertify a
1517 project that has failed to meet the criteria in this subsection
1518 and the commitments set forth in the application.
1519 (c)1. The office shall direct the creation of regional
1520 permit action teams through a memorandum of agreement as set
1521 forth in subsections (4)-(6). The RCCT project shall be eligible
1522 for the expedited permitting and other incentives provided in
1523 this section.
1524 2. Notwithstanding any other provisions of law,
1525 applications for comprehensive plan amendments received before
1526 June 1, 2009, which are associated with RCCT projects certified
1527 under this subsection, including text amendments that set forth
1528 parameters for establishing a RCCT project map amendment, shall
1529 be processed pursuant to the provisions of s. 163.3187(1)(c) and
1530 (3). The Legislature finds that a project meeting the criteria
1531 for certification under this subsection meets the requirements
1532 for land use allocation need based on population projections,
1533 discouragement of urban sprawl, the provisions of s.
1534 163.3177(6)(a) and (11), and implementing rules.
1535 3. Any development projects within the certified project
1536 which are subject to development-of-regional-impact review
1537 pursuant to the applicable provisions of chapter 380 shall be
1538 reviewed pursuant to that chapter and applicable rules. If a
1539 RCCT project qualifies as a development of regional impact, the
1540 application must be submitted within 180 days after the adoption
1541 of the related comprehensive plan amendment. Notwithstanding any
1542 other provisions of law, the state land planning agency may not
1543 appeal a local government development order issued under chapter
1544 380 unless the agency having regulatory authority over the
1545 subject area of the appeal has recommended an appeal.
1546 Section 8. Transportation mobility fee.—
1547 (1)(a) The Legislature finds that the existing
1548 transportation concurrency system has not adequately addressed
1549 the transportation needs of this state in an effective,
1550 predictable, and equitable manner and is not producing a
1551 sustainable transportation system for the state. The Legislature
1552 finds that the current system is complex, lacks uniformity among
1553 jurisdictions, is too focused on roadways to the detriment of
1554 desired land use patterns and transportation alternatives, and
1555 frequently prevents the attainment of important growth
1556 management goals.
1557 (b) The Legislature determines that the state shall
1558 evaluate and consider the implementation of a mobility fee to
1559 replace the existing transportation concurrency system set forth
1560 in s. 163.3180, Florida Statutes. The mobility fee must be
1561 designed to provide for mobility needs, ensure that all
1562 development provides mitigation for its impacts on the
1563 transportation system in approximate proportionality to those
1564 impacts, fairly distribute the fee among the governmental
1565 entities responsible for maintaining the impacted roadways, and
1566 promote compact, mixed-use, and energy efficient development.
1567 (2) The state land planning agency and the Department of
1568 Transportation shall continue their current mobility fee studies
1569 and submit to the President of the Senate and the Speaker of the
1570 House of Representatives joint reports by December 1, 2009, for
1571 the purpose of initiating legislative revisions necessary to
1572 implement the mobility fee in lieu of the existing
1573 transportation concurrency system.
1574 Section 9. The Legislature directs the Department of
1575 Transportation to establish an approved transportation
1576 methodology which recognizes that a planned, sustainable, or
1577 self-sufficient development area will likely achieve a community
1578 internal capture rate in excess of 30 percent when fully
1579 developed. A sustainable or self-sufficient development area
1580 consists of 500 acres or more of large-scale developments
1581 individually or collectively designed to achieve self
1582 containment by providing a balance of land uses to fulfill a
1583 majority of the community’s needs. The adopted transportation
1584 methodology shall use a regional transportation model that
1585 incorporates professionally accepted modeling techniques
1586 applicable to well-planned, sustainable communities of the size,
1587 location, mix of uses, and design features consistent with such
1588 communities. The adopted transportation methodology shall serve
1589 as the basis for sustainable or self-sufficient development’s
1590 traffic impact assessments by the department. The methodology
1591 review must be completed and in use no later than July 1, 2009.
1592 Section 10. (1) Except as provided in subsection (4), and
1593 in recognition of the 2009 real estate market conditions, any
1594 permit issued by the Department of Environmental Protection or
1595 any permit issued by a water management district under part IV
1596 of chapter 373, Florida Statutes, any development order issued
1597 by the Department of Community Affairs pursuant to s. 380.06,
1598 Florida Statutes, and any development order, building permit, or
1599 other land use approval issued by a local government which
1600 expired or will expire on or after September 1, 2008, but before
1601 September 1, 2011, is extended and renewed for a period of 2
1602 years after its date of expiration. For development orders and
1603 land use approvals, including, but not limited to, certificates
1604 of concurrency and development agreements, this extension also
1605 includes phase, commencement, and buildout dates, including any
1606 buildout date extension previously granted under s.
1607 380.06(19)(c), Florida Statutes. This subsection does not
1608 prohibit conversion from the construction phase to the operation
1609 phase upon completion of construction for combined construction
1610 and operation permits.
1611 (2) The completion date for any required mitigation
1612 associated with a phased construction project shall be extended
1613 and renewed so that mitigation takes place in the same timeframe
1614 relative to the phase as originally permitted.
1615 (3) The holder of an agency or district permit, or a
1616 development order, building permit, or other land use approval
1617 issued by a local government which is eligible for the 2-year
1618 extension shall notify the authorizing agency in writing no
1619 later than September 30, 2010, identifying the specific
1620 authorization for which the holder intends to use the extended
1621 or renewed permit, order, or approval.
1622 (4) The extensions and renewals provided for in subsection
1623 (1) do not apply to:
1624 (a) A permit or other authorization under any programmatic
1625 or regional general permit issued by the United States Army
1626 Corps of Engineers.
1627 (b) An agency or district permit or a development order,
1628 building permit, or other land use approval issued by a local
1629 government and held by an owner or operator determined to be in
1630 significant noncompliance with the conditions of the permit,
1631 order, or approval as established through the issuance of a
1632 warning letter or notice of violation, the initiation of formal
1633 enforcement, or other equivalent action by the authorizing
1634 agency.
1635 (5) Permits, development orders, and other land use
1636 approvals that are extended and renewed under this section shall
1637 continue to be governed by rules in effect at the time the
1638 permit, order, or approval was issued. This subsection applies
1639 to any modification of the plans, terms, and conditions of such
1640 permit, development order, or other land use approval which
1641 lessens the environmental impact, except that any such
1642 modification does not extend the permit, order, or other land
1643 use approval beyond the 2 years authorized under subsection (1).
1644 Section 11. This act shall take effect July 1, 2009.
1645
1646 ================= T I T L E A M E N D M E N T ================
1647 And the title is amended as follows:
1648 Delete everything before the enacting clause
1649 and insert:
1650 A bill to be entitled
1651 An act relating to growth management; amending s.
1652 163.3164, F.S.; revising definitions; providing a
1653 definition for the term “dense urban land area”;
1654 amending s. 163.3177, F.S.; conforming a cross
1655 reference; providing that a local government’s
1656 comprehensive plan or plan amendments for land uses
1657 within a transportation concurrency exception area
1658 meets the level-of-service standards for
1659 transportation; clarifying that each future land use
1660 category be defined in terms of uses included rather
1661 than numerical caps; revising the bases for the future
1662 land use plan; amending s. 163.3180, F.S.; revising
1663 concurrency requirements; providing legislative
1664 findings relating to transportation concurrency
1665 exception areas; providing for the applicability of
1666 transportation concurrency exception areas; deleting
1667 certain requirements for transportation concurrency
1668 exception areas; providing that the designation of a
1669 transportation concurrency exception area does not
1670 limit a local government’s ability to provide
1671 mitigation for transportation impacts within the
1672 exception area by imposing lawfully adopted impact
1673 fees; providing that any contract or agreement entered
1674 into or development order rendered before the creation
1675 of a transportation concurrency exception area is not
1676 affected; requiring that the Office of Program Policy
1677 Analysis and Government Accountability submit a report
1678 to the Legislature concerning the effects of the
1679 transportation concurrency exception areas; providing
1680 for an exemption from level-of-service standards for
1681 proposed developments related to qualified job
1682 creation projects; clarifying the calculation of the
1683 proportionate-share contribution for local and
1684 regionally significant traffic impacts which is paid
1685 by a development of regional impact for the purpose of
1686 satisfying certain concurrency requirements; defining
1687 the term “backlog”; prohibiting a local government
1688 from denying an application for a comprehensive plan
1689 amendment or residential rezoning for a development or
1690 phase authorizing residential redevelopment for
1691 failure to achieve and maintain the level-of-service
1692 standard for public school capacity; providing that
1693 the construction of a charter school that meets
1694 certain requirements is an appropriate mitigation
1695 option; requiring that the district school boards
1696 monitor and inspect charter school facilities to
1697 ensure compliance with the life safety requirements of
1698 the State Requirements for Educational Facilities;
1699 authorizing the district school boards to waive such
1700 standards; prohibiting a local government from denying
1701 or imposing conditions upon a development permit or
1702 comprehensive plan amendment because of inadequate
1703 school capacity under certain circumstances; creating
1704 s. 163.31802, F.S.; prohibiting local governments from
1705 establishing standards for security devices that
1706 require businesses to enhance certain functions or
1707 services provided by local government; providing an
1708 exception; amending s. 163.3182, F.S.; revising
1709 provisions relating to transportation concurrency
1710 backlog authorities; requiring that a local government
1711 adopt one or more transportation concurrency backlog
1712 areas as part its capital improvements element update;
1713 requiring that a local government biannually submit
1714 new areas to the state land planning agency until
1715 certain conditions are met; providing an exception;
1716 providing for certain landowners or developers to
1717 request a transportation concurrency backlog area for
1718 a development area; prohibiting a local government
1719 from requiring payments for transportation concurrency
1720 which exceed the costs of mitigating traffic impacts;
1721 amending s. 380.06, F.S.; revising provisions relating
1722 to preapplication procedures for development approval;
1723 requiring that the level-of-service standards required
1724 in the transportation methodology be the same as the
1725 standards used to evaluate concurrency and
1726 proportionate share; amending s. 403.973, F.S.;
1727 providing legislative intent; providing certain
1728 criteria for regional centers for clean technology
1729 projects to receive expedited permitting; providing
1730 regulatory incentives for projects that meet such
1731 criteria; authorizing the Office of Tourism, Trade,
1732 and Economic Development within the Executive Office
1733 of the Governor to certify and decertify such
1734 projects; authorizing the office to create regional
1735 permit action teams; providing for a transportation
1736 mobility fee; providing legislative findings and
1737 determinations; requiring that the state land planning
1738 agency and the Department of Transportation continue
1739 their independent mobility fee studies; requiring that
1740 the state land planning agency and the department
1741 submit joint reports to the Legislature by a specified
1742 date; requiring that the department establish an
1743 approved transportation methodology that meets certain
1744 criteria; requiring that the adopted methodology use a
1745 regional transportation model; requiring that the
1746 methodology review be completed and in use by a
1747 specified date; providing for an extension and renewal
1748 of certain permits, development orders, or other land
1749 use approvals; providing for retroactive application
1750 of the extension and renewal; providing exceptions;
1751 providing an effective date.