HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Sorensen offered the following:
12
13 Amendment to Amendment (925427) (with title amendment)
14 On page 23, between lines 12 and 13, of the amendment
15
16 insert:
17 Section 5. Subsection (5) and paragraph (a) of
18 subsection (12) of section 163.3180, Florida Statutes, are
19 amended to read:
20 163.3180 Concurrency.--
21 (5)(a) The Legislature finds that under limited
22 circumstances dealing with transportation facilities,
23 countervailing planning and public policy goals may come into
24 conflict with the requirement that adequate public facilities
25 and services be available concurrent with the impacts of such
26 development. The Legislature further finds that often the
27 unintended result of the concurrency requirement for
28 transportation facilities is the discouragement of urban
29 infill development and redevelopment. Such unintended results
30 directly conflict with the goals and policies of the state
31 comprehensive plan and the intent of this part. Therefore,
1
File original & 9 copies 04/26/01
hca0002 10:46 am 01617-0120-661137
HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 exceptions from the concurrency requirement for transportation
2 facilities may be granted as provided by this subsection.
3 (b) A local government may grant an exception from the
4 concurrency requirement for transportation facilities if the
5 proposed development is otherwise consistent with the adopted
6 local government comprehensive plan and is a project that
7 promotes public transportation. or is located within an area
8 designated in the comprehensive plan for:
9 (c) A local government shall grant an exception from
10 the concurrency requirement for transportation facilities if
11 the proposed development is located within an area designated
12 in the comprehensive plan for:
13 1. Urban infill development,
14 2. Urban redevelopment,
15 3. Downtown revitalization, or
16 4. Urban infill and redevelopment under s. 163.2517.
17 (d)(c) The Legislature also finds that developments
18 located within urban infill, urban redevelopment, existing
19 urban service, or downtown revitalization areas or areas
20 designated as urban infill and redevelopment areas under s.
21 163.2517 which pose only special part-time demands on the
22 transportation system should be excepted from the concurrency
23 requirement for transportation facilities. A special
24 part-time demand is one that does not have more than 200
25 scheduled events during any calendar year and does not affect
26 the 100 highest traffic volume hours.
27 (e)(d) A local government shall establish guidelines
28 for granting the exceptions authorized in paragraphs (b) and
29 (d)(c) in the comprehensive plan. These guidelines must
30 include consideration of the impacts on the Florida Intrastate
31 Highway System, as defined in s. 338.001. The exceptions may
2
File original & 9 copies 04/26/01
hca0002 10:46 am 01617-0120-661137
HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 be available only within the specific geographic area of the
2 jurisdiction designated in the plan. Pursuant to s. 163.3184,
3 any affected person may challenge a plan amendment
4 establishing these guidelines and the areas within which an
5 exception could be granted.
6 (f) A local government shall establish guidelines for
7 designating the exception areas authorized in paragraph (c) in
8 the comprehensive plan. These guidelines must include
9 consideration of the impacts on the Florida Intrastate Highway
10 System, as defined in s. 338.001. The exceptions may be
11 available only within the specific geographic area of the
12 jurisdiction designated in the plan. Pursuant to s. 163.3184,
13 any affected person may challenge a plan amendment
14 establishing these guidelines and the areas within which an
15 exception could be granted.
16 (12) When authorized by a local comprehensive plan, a
17 multiuse development of regional impact may satisfy the
18 transportation concurrency requirements of the local
19 comprehensive plan, the local government's concurrency
20 management system, and s. 380.06 by payment of a
21 proportionate-share contribution for local and regionally
22 significant traffic impacts, if:
23 (a) The development of regional impact meets or
24 exceeds the guidelines and standards of s. 380.0651(3)(g)(i)
25 and rule 28-24.032(2), Florida Administrative Code, and
26 includes a residential component that contains at least 100
27 residential dwelling units or 15 percent of the applicable
28 residential guideline and standard, whichever is greater;
29
30 The proportionate-share contribution may be applied to any
31 transportation facility to satisfy the provisions of this
3
File original & 9 copies 04/26/01
hca0002 10:46 am 01617-0120-661137
HOUSE AMENDMENT
Bill No. CS/HBs 1617 & 1487
Amendment No. ___ (for drafter's use only)
1 subsection and the local comprehensive plan, but, for the
2 purposes of this subsection, the amount of the
3 proportionate-share contribution shall be calculated based
4 upon the cumulative number of trips from the proposed
5 development expected to reach roadways during the peak hour
6 from the complete buildout of a stage or phase being approved,
7 divided by the change in the peak hour maximum service volume
8 of roadways resulting from construction of an improvement
9 necessary to maintain the adopted level of service, multiplied
10 by the construction cost, at the time of developer payment, of
11 the improvement necessary to maintain the adopted level of
12 service. For purposes of this subsection, "construction cost"
13 includes all associated costs of the improvement.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 110, line 6-8, after the semicolon of the
19 amendment
20 remove: all of said lines
21
22 and insert in lieu thereof:
23 revising provisions relating to exceptions from
24 the concurrency requirement for transportation
25 facilities; requiring that such an exception be
26 granted under certain conditions;
27
28
29
30
31
4
File original & 9 copies 04/26/01
hca0002 10:46 am 01617-0120-661137