Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1858
Barcode 432196
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment to amendment
12 (305734):
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14 Senate Amendment
15 On page 1, line 18, through
16 page 2, line 24, delete those lines
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18 and insert:
19 Section 3. Paragraph (c) of subsection (2), paragraph
20 (f) of subsection (5), subsection (7), subsection (13), and
21 paragraphs (a), (b), (c), (e), and (f) of subsection (16) of
22 section 163.3180, Florida Statutes, are amended and paragraph
23 (h) is added to subsection (5) of that section to read:
24 163.3180 Concurrency.--
25 (2)
26 (c) Consistent with the public welfare, and except as
27 otherwise provided in this section, transportation facilities
28 needed to serve new development shall be in place or under
29 actual construction or programmed for construction to commence
30 in the Department of Transportation's work program or the
31 local government's schedule of capital improvements within 3
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1858
Barcode 432196
1 years after the local government approves a building permit or
2 its functional equivalent that results in traffic generation.
3 (5)
4 (f) Prior to the designation of a concurrency
5 exception area, the Department of Transportation shall be
6 consulted by the local government to assess the impact that
7 the proposed exception area is expected to have on the adopted
8 level-of-service standards established for Strategic
9 Intermodal System facilities, as defined in s. 339.64, and
10 roadway facilities funded in accordance with s. 339.2819.
11 Further, the local government shall, in cooperation with the
12 Department of Transportation, develop a plan to mitigate any
13 impacts to the Strategic Intermodal System, including, if
14 appropriate, the development of a long-term concurrency
15 management system pursuant to subsection (9) and s.
16 163.3177(3)(d). The exceptions may be available only within
17 the specific geographic area of the jurisdiction designated in
18 the plan. Pursuant to s. 163.3184, any affected person may
19 challenge a plan amendment establishing these guidelines and
20 the areas within which an exception could be granted. By
21 October 1, 2006, the Department of Transportation, after
22 publicly noticed workshops, shall publish and distribute to
23 local governments a policy guideline containing criteria and
24 options to assist local governments in planning to assess and
25 mitigate the impacts of a proposed concurrency exception area
26 as described in this paragraph.
27 (h) An area-wide development of regional impact
28 granted to a municipality under s. 380.06(25) and a
29 development of regional impact granted to a downtown
30 development authority under s. 380.06(22) are exempt from the
31 requirements of transportation facilities concurrency if the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1858
Barcode 432196
1 development of regional impact's boundaries have not been
2 increased after July 1, 2005; the development of regional
3 impact has a mix of land use types; and a mitigation plan,
4 with identified funding, has been submitted and approved by
5 the Department of Transportation which addresses
6 transportation deficiencies if the approved development order
7 did not address such deficiencies or the Department of
8 Transportation determines that alternative transit options
9 should be implemented in lieu thereof. New applications for
10 development approval which are adjacent and contiguous to the
11 exempt development of regional impact boundaries, and are
12 located within the applicable municipality, may not include
13 the trips generated by such exempt development of regional
14 impact as part of their transportation facilities concurrency
15 calculations.
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