Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 922812
CHAMBER ACTION
Senate House
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05/02/2005 05:19 PM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 52, line 10 through page 54, line 9, delete
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18 (16) It is the intent of the Legislature to provide a
19 method by which the impacts of development on transportation
20 facilities can be mitigated by the cooperative efforts of the
21 public and private sectors. The methodology used to calculate
22 proportionate fair-share mitigation under this subsection must
23 ensure that development is assessed in a manner and for the
24 purpose of funding public facilities necessary to accommodate
25 any impacts having a rational nexus to the proposed
26 development when the need to construct new facilities or add
27 to the present system of public facilities is reasonably
28 attributable to the proposed development.
29 (a) By December 1, 2006, each local government shall
30 adopt by ordinance a transportation concurrency management
31 system that shall include a methodology for assessing
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10:32 AM 05/02/05 s0360.21ca.00e
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 922812
1 proportionate fair-share mitigation options. By December 1,
2 2005, the Department of Transportation shall develop a model
3 transportation concurrency management ordinance with
4 methodologies for assessing proportionate fair-share
5 mitigation options.
6 (b)1. In its concurrency management system, a local
7 government shall, by December 1, 2006, include methodologies
8 that will be applied to calculate proportionate fair-share
9 mitigation to satisfy transportation concurrency requirements
10 when the impacted road segments are specifically identified
11 for funding in the 5-year schedule of capital improvements in
12 the capital improvements element of the local plan or the
13 long-term concurrency management system. If a proportionate
14 fair-share agreement or development order condition reflects
15 mitigation to a road segment or facility which is not on the
16 5-year schedule of capital improvements at the time of
17 approval, the local government shall reflect such improvement
18 in the 5-year schedule of capital improvements at the next
19 update of the capital improvements element.
20 2. Proportionate fair-share mitigation shall be
21 applied as a credit against impact fees to the extent that all
22 or a portion of the proportionate fair-share mitigation is
23 used to address the same capital infrastructure improvements
24 contemplated by the local government's impact fee ordinance.
25 The credit shall not apply to internal, onsite facilities
26 required by local regulations or to any offsite facilities to
27 the extent such facilities are necessary to provide safe and
28 adequate services to the development. The proportionate
29 fair-share methodology shall be applicable to all development
30 contributing to the need for new or expanded public
31 facilities.
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10:32 AM 05/02/05 s0360.21ca.00e
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 922812
1 (c) Proportionate fair-share mitigation includes,
2 without limitation, separately or collectively, private funds,
3 contributions of land, and construction and contribution of
4 facilities and may include public funds as determined by the
5 local government. The fair market value of the proportionate
6 fair-share mitigation may not differ based on the form of
7 mitigation.
8 (d) In order to assist a local government with meeting
9 concurrency requirements, a local government may impose
10 proportionate fair-share mitigation adopted under this
11 subsection on a transportation facility regardless of whether
12 it meets or fails to meet the established levels of service.
13 (e) Nothing in this subsection limits the home rule
14 authority of a local government to enter into a public-private
15 partnership or funding agreement to provide or govern the
16 provision of essential infrastructure deemed necessary by the
17 local government payable from available taxes, fees, special
18 assessments or developer contributions.
19 (f) Mitigation for development impacts to facilities
20 on the Strategic Intermodal System made pursuant to this
21 subsection requires the concurrence of the Department of
22 Transportation.
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26 And the title is amended as follows:
27 On page 2, lines 27-30, delete those lines
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29 and insert:
30 providing for the adoption of a transportation
31 concurrency management system by ordinance;
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10:32 AM 05/02/05 s0360.21ca.00e
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 922812
1 providing requirements for proportionate
2 fair-share mitigation; amending s. 163.3184,
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10:32 AM 05/02/05 s0360.21ca.00e