| 1 | A bill to be entitled |
| 2 | An act relating to growth management; amending s. |
| 3 | 163.3180, F.S.; providing an exception to certain traffic |
| 4 | generation information required in certain applications |
| 5 | for development approval; providing legislative intent; |
| 6 | providing for local government imposition of a trip fee on |
| 7 | certain facilities for certain purposes; requiring the |
| 8 | Department of Transportation to develop a model ordinance |
| 9 | relating to trip fee implementation; amending s. 163.3184, |
| 10 | F.S.; providing a limitation relating to availability of |
| 11 | water for compliance determinations by the state land |
| 12 | planning agency; providing criteria and requirements; |
| 13 | amending s. 380.06, F.S.; providing construction relating |
| 14 | to local review and approval of certain changes to a |
| 15 | development of regional impact; providing an |
| 16 | appropriation; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (h) is added to subsection (5) of |
| 21 | section 163.3180, Florida Statutes, and subsection (17) is added |
| 22 | to that section, to read: |
| 23 | 163.3180 Concurrency.-- |
| 24 | (5) |
| 25 | (h) New applications for development approval within or |
| 26 | adjacent and contiguous to property which has been granted a |
| 27 | transportation concurrency exception pursuant to this section |
| 28 | shall not be required to include traffic generated as a result |
| 29 | of the grant of the exemption in the traffic concurrency |
| 30 | calculations in the applications. |
| 31 | (17)(a) It is the intent of the Legislature to confirm and |
| 32 | ratify the ability of local governments to require all new |
| 33 | development to mitigate the development's impact on |
| 34 | transportation facilities, regardless of the size or type of |
| 35 | development, by payment of a per-trip fee. In order to ensure |
| 36 | the cost of transportation facilities is equitable and equally |
| 37 | distributed, the Legislature recognizes that a local government |
| 38 | may charge a per-trip fee to be imposed on roadways and paid at |
| 39 | the time of issuance of a building permit for any new structure. |
| 40 | Such a fee shall be known as a "trip fee" and may be used to |
| 41 | fund new facilities or to fix existing deficiencies on |
| 42 | transportation facilities. If the local government adopts a trip |
| 43 | fee, no de minimis impact shall be allowed. |
| 44 | (b) By December 1, 2006, the Department of Transportation |
| 45 | shall develop a model ordinance containing a methodology for |
| 46 | local governments to use in implementing the trip-fee concept. |
| 47 | Local governments shall not be required to adopt such a concept |
| 48 | but are encouraged to view the concept as an alternative to the |
| 49 | adoption by the local government of impact fees for |
| 50 | transportation facilities. |
| 51 | Section 2. Paragraph (b) of subsection (8) of section |
| 52 | 163.3184, Florida Statutes, is amended to read: |
| 53 | 163.3184 Process for adoption of comprehensive plan or |
| 54 | plan amendment.-- |
| 55 | (8) NOTICE OF INTENT.-- |
| 56 | (b)1. Except as provided in paragraph (a) or in s. |
| 57 | 163.3187(3), the state land planning agency, upon receipt of a |
| 58 | local government's complete adopted comprehensive plan or plan |
| 59 | amendment, shall have 45 days for review and to determine if the |
| 60 | plan or plan amendment is in compliance with this act, unless |
| 61 | the amendment is the result of a compliance agreement entered |
| 62 | into under subsection (16), in which case the time period for |
| 63 | review and determination shall be 30 days. If review was not |
| 64 | conducted under subsection (6), the agency's determination must |
| 65 | be based upon the plan amendment as adopted. If review was |
| 66 | conducted under subsection (6), the agency's determination of |
| 67 | compliance must be based only upon one or both of the following: |
| 68 | a.1. The state land planning agency's written comments to |
| 69 | the local government pursuant to subsection (6); or |
| 70 | b.2. Any changes made by the local government to the |
| 71 | comprehensive plan or plan amendment as adopted. |
| 72 | 2. However, if a state land planning agency's written |
| 73 | comments to the local government pursuant to subsection (6) |
| 74 | relate to the availability of water, the agency shall not use |
| 75 | the lack of availability of water during the agency's |
| 76 | determination of compliance if the applicable local government |
| 77 | transmits with its adopted plan amendment a letter from the |
| 78 | applicable water supplier that states adequate water supplies |
| 79 | will be available. If the applicable water supplier owns a |
| 80 | property interest in the land that is the subject of the plan |
| 81 | amendment, the local government shall submit a letter from the |
| 82 | applicable water management district providing that adequate |
| 83 | water supplies will be available. |
| 84 | Section 3. Paragraph (f) of subsection (19) of section |
| 85 | 380.06, Florida Statutes, is amended to read: |
| 86 | 380.06 Developments of regional impact.-- |
| 87 | (19) SUBSTANTIAL DEVIATIONS.-- |
| 88 | (f)1. The state land planning agency shall establish by |
| 89 | rule standard forms for submittal of proposed changes to a |
| 90 | previously approved development of regional impact which may |
| 91 | require further development-of-regional-impact review. At a |
| 92 | minimum, the standard form shall require the developer to |
| 93 | provide the precise language that the developer proposes to |
| 94 | delete or add as an amendment to the development order. |
| 95 | 2. The developer shall submit, simultaneously, to the |
| 96 | local government, the regional planning agency, and the state |
| 97 | land planning agency the request for approval of a proposed |
| 98 | change. |
| 99 | 3. No sooner than 30 days but no later than 45 days after |
| 100 | submittal by the developer to the local government, the state |
| 101 | land planning agency, and the appropriate regional planning |
| 102 | agency, the local government shall give 15 days' notice and |
| 103 | schedule a public hearing to consider the change that the |
| 104 | developer asserts does not create a substantial deviation. This |
| 105 | public hearing shall be held within 90 days after submittal of |
| 106 | the proposed changes, unless that time is extended by the |
| 107 | developer. |
| 108 | 4. The appropriate regional planning agency or the state |
| 109 | land planning agency shall review the proposed change and, no |
| 110 | later than 45 days after submittal by the developer of the |
| 111 | proposed change, unless that time is extended by the developer, |
| 112 | and prior to the public hearing at which the proposed change is |
| 113 | to be considered, shall advise the local government in writing |
| 114 | whether it objects to the proposed change, shall specify the |
| 115 | reasons for its objection, if any, and shall provide a copy to |
| 116 | the developer. |
| 117 | 5. At the public hearing, the local government shall |
| 118 | determine whether the proposed change requires further |
| 119 | development-of-regional-impact review. The provisions of |
| 120 | paragraphs (a) and (e), the thresholds set forth in paragraph |
| 121 | (b), and the presumptions set forth in paragraphs (c) and (d) |
| 122 | and subparagraph (e)3. shall be applicable in determining |
| 123 | whether further development-of-regional-impact review is |
| 124 | required. |
| 125 | 6. If the local government determines that the proposed |
| 126 | change does not require further development-of-regional-impact |
| 127 | review and is otherwise approved, or if the proposed change is |
| 128 | not subject to a hearing and determination pursuant to |
| 129 | subparagraphs 3. and 5. and is otherwise approved, the local |
| 130 | government shall issue an amendment to the development order |
| 131 | incorporating the approved change and conditions of approval |
| 132 | relating to the change. The requirement that a change be |
| 133 | otherwise approved shall not be construed to require additional |
| 134 | local review or approval if the change is allowed by applicable |
| 135 | local ordinances without further local review or approval. The |
| 136 | decision of the local government to approve, with or without |
| 137 | conditions, or to deny the proposed change that the developer |
| 138 | asserts does not require further review shall be subject to the |
| 139 | appeal provisions of s. 380.07. However, the state land planning |
| 140 | agency may not appeal the local government decision if it did |
| 141 | not comply with subparagraph 4. The state land planning agency |
| 142 | may not appeal a change to a development order made pursuant to |
| 143 | subparagraph (e)1. or subparagraph (e)2. for developments of |
| 144 | regional impact approved after January 1, 1980, unless the |
| 145 | change would result in a significant impact to a regionally |
| 146 | significant archaeological, historical, or natural resource not |
| 147 | previously identified in the original development-of-regional- |
| 148 | impact review. |
| 149 | Section 4. The sum of $25 million is appropriated from the |
| 150 | General Revenue Fund to the Conservation and Recreation Lands |
| 151 | Program Trust Fund within the Department of Agriculture and |
| 152 | Consumer Services for the purposes of s. 570.71, Florida |
| 153 | Statutes. |
| 154 | Section 5. This act shall take effect July 1, 2006. |