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. |