HB 7229

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3180, F.S.; providing an exception to certain traffic
4generation information required in certain applications
5for development approval; providing legislative intent;
6providing for local government imposition of a trip fee on
7certain facilities for certain purposes; requiring the
8Department of Transportation to develop a model ordinance
9relating to trip fee implementation; amending s. 163.3184,
10F.S.; providing a limitation relating to availability of
11water for compliance determinations by the state land
12planning agency; providing criteria and requirements;
13amending s. 380.06, F.S.; providing construction relating
14to local review and approval of certain changes to a
15development of regional impact; providing an
16appropriation; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (h) is added to subsection (5) of
21section 163.3180, Florida Statutes, and subsection (17) is added
22to that section, to read:
23     163.3180  Concurrency.--
24     (5)
25     (h)  New applications for development approval within or
26adjacent and contiguous to property which has been granted a
27transportation concurrency exception pursuant to this section
28shall not be required to include traffic generated as a result
29of the grant of the exemption in the traffic concurrency
30calculations in the applications.
31     (17)(a)  It is the intent of the Legislature to confirm and
32ratify the ability of local governments to require all new
33development to mitigate the development's impact on
34transportation facilities, regardless of the size or type of
35development, by payment of a per-trip fee. In order to ensure
36the cost of transportation facilities is equitable and equally
37distributed, the Legislature recognizes that a local government
38may charge a per-trip fee to be imposed on roadways and paid at
39the time of issuance of a building permit for any new structure.
40Such a fee shall be known as a "trip fee" and may be used to
41fund new facilities or to fix existing deficiencies on
42transportation facilities. If the local government adopts a trip
43fee, no de minimis impact shall be allowed.
44     (b)  By December 1, 2006, the Department of Transportation
45shall develop a model ordinance containing a methodology for
46local governments to use in implementing the trip-fee concept.
47Local governments shall not be required to adopt such a concept
48but are encouraged to view the concept as an alternative to the
49adoption by the local government of impact fees for
50transportation facilities.
51     Section 2.  Paragraph (b) of subsection (8) of section
52163.3184, Florida Statutes, is amended to read:
53     163.3184  Process for adoption of comprehensive plan or
54plan amendment.--
55     (8)  NOTICE OF INTENT.--
56     (b)1.  Except as provided in paragraph (a) or in s.
57163.3187(3), the state land planning agency, upon receipt of a
58local government's complete adopted comprehensive plan or plan
59amendment, shall have 45 days for review and to determine if the
60plan or plan amendment is in compliance with this act, unless
61the amendment is the result of a compliance agreement entered
62into under subsection (16), in which case the time period for
63review and determination shall be 30 days. If review was not
64conducted under subsection (6), the agency's determination must
65be based upon the plan amendment as adopted. If review was
66conducted under subsection (6), the agency's determination of
67compliance must be based only upon one or both of the following:
68     a.1.  The state land planning agency's written comments to
69the local government pursuant to subsection (6); or
70     b.2.  Any changes made by the local government to the
71comprehensive plan or plan amendment as adopted.
72     2.  However, if a state land planning agency's written
73comments to the local government pursuant to subsection (6)
74relate to the availability of water, the agency shall not use
75the lack of availability of water during the agency's
76determination of compliance if the applicable local government
77transmits with its adopted plan amendment a letter from the
78applicable water supplier that states adequate water supplies
79will be available. If the applicable water supplier owns a
80property interest in the land that is the subject of the plan
81amendment, the local government shall submit a letter from the
82applicable water management district providing that adequate
83water supplies will be available.
84     Section 3.  Paragraph (f) of subsection (19) of section
85380.06, 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
89rule standard forms for submittal of proposed changes to a
90previously approved development of regional impact which may
91require further development-of-regional-impact review. At a
92minimum, the standard form shall require the developer to
93provide the precise language that the developer proposes to
94delete or add as an amendment to the development order.
95     2.  The developer shall submit, simultaneously, to the
96local government, the regional planning agency, and the state
97land planning agency the request for approval of a proposed
98change.
99     3.  No sooner than 30 days but no later than 45 days after
100submittal by the developer to the local government, the state
101land planning agency, and the appropriate regional planning
102agency, the local government shall give 15 days' notice and
103schedule a public hearing to consider the change that the
104developer asserts does not create a substantial deviation. This
105public hearing shall be held within 90 days after submittal of
106the proposed changes, unless that time is extended by the
107developer.
108     4.  The appropriate regional planning agency or the state
109land planning agency shall review the proposed change and, no
110later than 45 days after submittal by the developer of the
111proposed change, unless that time is extended by the developer,
112and prior to the public hearing at which the proposed change is
113to be considered, shall advise the local government in writing
114whether it objects to the proposed change, shall specify the
115reasons for its objection, if any, and shall provide a copy to
116the developer.
117     5.  At the public hearing, the local government shall
118determine whether the proposed change requires further
119development-of-regional-impact review. The provisions of
120paragraphs (a) and (e), the thresholds set forth in paragraph
121(b), and the presumptions set forth in paragraphs (c) and (d)
122and subparagraph (e)3. shall be applicable in determining
123whether further development-of-regional-impact review is
124required.
125     6.  If the local government determines that the proposed
126change does not require further development-of-regional-impact
127review and is otherwise approved, or if the proposed change is
128not subject to a hearing and determination pursuant to
129subparagraphs 3. and 5. and is otherwise approved, the local
130government shall issue an amendment to the development order
131incorporating the approved change and conditions of approval
132relating to the change. The requirement that a change be
133otherwise approved shall not be construed to require additional
134local review or approval if the change is allowed by applicable
135local ordinances without further local review or approval. The
136decision of the local government to approve, with or without
137conditions, or to deny the proposed change that the developer
138asserts does not require further review shall be subject to the
139appeal provisions of s. 380.07. However, the state land planning
140agency may not appeal the local government decision if it did
141not comply with subparagraph 4. The state land planning agency
142may not appeal a change to a development order made pursuant to
143subparagraph (e)1. or subparagraph (e)2. for developments of
144regional impact approved after January 1, 1980, unless the
145change would result in a significant impact to a regionally
146significant archaeological, historical, or natural resource not
147previously identified in the original development-of-regional-
148impact review.
149     Section 4.  The sum of $25 million is appropriated from the
150General Revenue Fund to the Conservation and Recreation Lands
151Program Trust Fund within the Department of Agriculture and
152Consumer Services for the purposes of s. 570.71, Florida
153Statutes.
154     Section 5.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.