Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 770 Barcode 888200 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/25/2013 01:39 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment (with title amendment) 2 3 Before line 13 4 insert: 5 Section 1. Subsection (7) is added to section 163.3180, 6 Florida Statutes, to read: 7 163.3180 Concurrency.— 8 (7)(a) Notwithstanding any provision of law, ordinance, or 9 resolution to the contrary, a local government may not apply 10 transportation concurrency within its jurisdiction and may not 11 require a proportionate-share contribution or construction for 12 new business development before July 1, 2016, unless authorized 13 by the affirmative majority vote of the local government’s 14 governing authority. 15 (b) Paragraph (a) does not apply to proportionate-share 16 contribution or construction assessed on existing developments 17 before July 1, 2013. 18 (c) In order to maintain the exemption from transportation 19 concurrency and proportionate-share contribution or construction 20 pursuant to paragraph (a), a new business development must 21 receive a certificate of occupancy by July 1, 2017. If the 22 certificate of occupancy is not received by July 1, 2017, the 23 local government may apply transportation concurrency and 24 require the appropriate proportionate-share contribution or 25 construction for the business development that would have been 26 applied but for this subsection. The new business development 27 must consist of 6,000 square feet or less for anything 28 classified as other than residential. Any outstanding obligation 29 related to the proportionate-share contribution or construction 30 runs with the land and is enforceable against any person 31 claiming a fee interest in the land subject to that obligation. 32 (d) This subsection does not apply if it results in a 33 reduction of previously pledged revenue of a local government 34 body for currently outstanding bonds or notes or to a local 35 government with a mobility fee-based funding system in place on 36 or before January 1, 2013. 37 (e) Upon written notification to the local government, a 38 developer may elect to have the local government apply 39 transportation concurrency and proportionate-share contribution 40 or construction to a business development. 41 (f) This subsection expires July 1, 2017. 42 Section 2. Subsection (6) is added to section 163.31801, 43 Florida Statutes, to read: 44 163.31801 Impact fees; short title; intent; definitions; 45 ordinances levying impact fees.— 46 (6)(a) Notwithstanding any provision of law, ordinance, or 47 resolution to the contrary, a county, municipality, or special 48 district may not impose any new or existing impact fee or any 49 new or existing fee associated with the mitigation of 50 transportation impacts on new business development until July 1, 51 2016, unless authorized by the affirmative majority vote of the 52 governing authority of the county, municipality, or special 53 district. Any governing authority of a local government imposing 54 an impact fee in existence on July 1, 2012, must reauthorize the 55 imposition of the fee pursuant to this paragraph. 56 (b) Paragraph (a) does not apply to any impact fee or fee 57 associated with the mitigation of transportation impacts 58 previously enacted by law, ordinance, or resolution assessed on 59 existing business development before July 1, 2013. The 60 prohibition of fees in paragraph (a) applies only to new 61 business developments that do not exceed 6,000 square feet in 62 size. 63 (c) In order to maintain the exemption from impact fees and 64 fees associated with the mitigation of transportation impacts 65 pursuant to paragraph (a), a new business development must 66 receive a certificate of occupancy by July 1, 2017. If the 67 certificate of occupancy is not received by July 1, 2017, the 68 county, municipality, or special district may impose the 69 appropriate impact fees and fees associated with the mitigation 70 of transportation impacts on the development that would have 71 been applied but for this subsection. Any outstanding obligation 72 related to impact fees and fees associated with the mitigation 73 of transportation impacts on the development runs with the land 74 and is enforceable against any person claiming a fee interest in 75 the land subject to that obligation. 76 (d) This subsection does not apply if it results in a 77 reduction of previously pledged revenue of a local government 78 body for currently outstanding bonds or notes or to a local 79 government with a mobility fee-based funding system in place on 80 or before January 1, 2013. 81 (e) Upon notification to the county, municipality, or 82 special district, a developer may elect to have impact fees and 83 fees associated with the mitigation of transportation impacts 84 imposed on a development. 85 (f) This subsection expires July 1, 2017. 86 87 ================= T I T L E A M E N D M E N T ================ 88 And the title is amended as follows: 89 Delete line 2 90 and insert: 91 An act relating to community development; amending s. 92 163.3180, F.S.; prohibiting a local government from 93 applying transportation concurrency or from requiring 94 proportionate-share contribution or construction for 95 new business development before a specified date; 96 providing an exception; providing for an extension of 97 the prohibition under certain conditions; providing 98 for applicability; providing for future expiration; 99 amending s. 163.31801, F.S.; prohibiting certain 100 counties, municipalities, and special districts from 101 imposing certain new or existing impact fees until a 102 specified date; providing an exception; providing for 103 an extension of the prohibition under certain 104 conditions; providing for applicability; providing for 105 future expiration;