| 1 | A bill to be entitled |
| 2 | An act relating to growth management; amending s. |
| 3 | 163.3177, F.S.; deleting a requirement that the entire |
| 4 | comprehensive plan be financially feasible; specifying |
| 5 | limitations on challenges to certain changes in a 5-year |
| 6 | schedule of capital improvements; authorizing local |
| 7 | governments to continue adopting land use plan amendments |
| 8 | during challenges to the plan; amending s. 163.3180, F.S.; |
| 9 | providing for a waiver of transportation facilities |
| 10 | concurrency requirements for certain urban infill, |
| 11 | redevelopment, and downtown revitalization areas and |
| 12 | certain built-out municipalities; requiring local |
| 13 | governments and the Department of Transportation to |
| 14 | establish a plan for maintaining certain level-of-service |
| 15 | standards; providing requirements for the waiver for such |
| 16 | built-out municipalities; exempting certain areas from |
| 17 | certain transportation concurrency requirements; deleting |
| 18 | recordkeeping and reporting requirements related to |
| 19 | transportation de minimis impacts; providing that school |
| 20 | capacity is not a basis for finding a comprehensive plan |
| 21 | amendment not in compliance; deleting a requirement to |
| 22 | incorporate the school concurrency service areas and |
| 23 | criteria and standards for establishment of the service |
| 24 | areas into the local government comprehensive plan; |
| 25 | amending s. 163.3187, F.S.; authorizing approval of |
| 26 | certain small scale amendments to a comprehensive plan for |
| 27 | certain built-out municipalities; providing criteria, |
| 28 | requirements, and procedures; providing for nonapplication |
| 29 | under certain circumstances; amending s. 163.3247, F.S.; |
| 30 | providing a requirement on the makeup of the Century |
| 31 | Commission for a Sustainable Florida; amending s. |
| 32 | 339.2819, F.S.; revising criteria for matching funds for |
| 33 | the Transportation Regional Incentive Program; amending s. |
| 34 | 380.06, F.S.; revising an exemption from development of |
| 35 | regional impact review for certain developments within an |
| 36 | urban service boundary; limiting development-of-regional- |
| 37 | impact review of certain urban service boundaries, urban |
| 38 | infill and redevelopment areas, and rural land stewardship |
| 39 | areas to transportation impacts only under certain |
| 40 | circumstances; providing legislative findings; requiring |
| 41 | the Department of Transportation to conduct a study of |
| 42 | per-trip fees on certain transportation facilities for |
| 43 | certain purposes; providing study criteria; requiring a |
| 44 | report to the Governor and Legislature; providing an |
| 45 | appropriation; providing an effective date. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. Subsection (2) and paragraph (b) of subsection |
| 50 | (3) of section 163.3177, Florida Statutes, are amended to read: |
| 51 | 163.3177 Required and optional elements of comprehensive |
| 52 | plan; studies and surveys.-- |
| 53 | (2) Coordination of the several elements of the local |
| 54 | comprehensive plan shall be a major objective of the planning |
| 55 | process. The several elements of the comprehensive plan shall be |
| 56 | consistent, and the comprehensive plan shall be financially |
| 57 | feasible. Financial Feasibility shall be determined using |
| 58 | professionally accepted methodologies. |
| 59 | (3) |
| 60 | (b)1. The capital improvements element shall be reviewed |
| 61 | on an annual basis and modified as necessary in accordance with |
| 62 | s. 163.3187 or s. 163.3189 in order to maintain a financially |
| 63 | feasible 5-year schedule of capital improvements. Corrections |
| 64 | and modifications concerning costs; revenue sources; or |
| 65 | acceptance of facilities pursuant to dedications which are |
| 66 | consistent with the plan may be accomplished by ordinance and |
| 67 | shall not be deemed to be amendments to the local comprehensive |
| 68 | plan. A copy of the ordinance shall be transmitted to the state |
| 69 | land planning agency. An amendment to the comprehensive plan is |
| 70 | required to update the schedule on an annual basis or to |
| 71 | eliminate, defer, or delay the construction for any facility |
| 72 | listed in the 5-year schedule. An affected person may challenge |
| 73 | the addition of a facility, or the elimination, deferral, or |
| 74 | delay of a project, only when the facility is first added to the |
| 75 | 5-year schedule of capital improvements or when the project is |
| 76 | proposed to be eliminated, deferred, or delayed. All public |
| 77 | facilities shall be consistent with the capital improvements |
| 78 | element. Amendments to implement this section must be adopted |
| 79 | and transmitted no later than December 1, 2007. Thereafter, a |
| 80 | local government may not amend its future land use map, except |
| 81 | for plan amendments to meet new requirements under this part and |
| 82 | emergency amendments pursuant to s. 163.3187(1)(a), after |
| 83 | December 1, 2007, and every year thereafter, unless and until |
| 84 | the local government has adopted the annual update and it has |
| 85 | been transmitted to the state land planning agency. If an |
| 86 | affected party challenges the 5-year schedule of capital |
| 87 | improvements, a local government may continue to adopt plan |
| 88 | amendments to the future land use map during the pendency of the |
| 89 | challenge and any related litigation. |
| 90 | 2. Capital improvements element amendments adopted after |
| 91 | the effective date of this act shall require only a single |
| 92 | public hearing before the governing board which shall be an |
| 93 | adoption hearing as described in s. 163.3184(7). Such amendments |
| 94 | are not subject to the requirements of s. 163.3184(3)-(6). |
| 95 | Section 2. Subsection (6), paragraph (a) of subsection |
| 96 | (9), and paragraphs (d) and (g) of subsection (13) of section |
| 97 | 163.3180, Florida Statutes, are amended, and paragraphs (h), |
| 98 | (i), and (j) are added to subsection (5) of that section, to |
| 99 | read: |
| 100 | 163.3180 Concurrency.-- |
| 101 | (5) |
| 102 | (h) It is a high state priority that urban infill and |
| 103 | redevelopment be promoted and provided incentives. By promoting |
| 104 | the revitalization of existing communities of this state, a more |
| 105 | efficient maximization of space and facilities may be achieved |
| 106 | and urban sprawl discouraged. If a local government creates a |
| 107 | long-term vision for its community that includes adequate |
| 108 | funding, services, and multimodal transportation options, the |
| 109 | transportation facilities concurrency requirements of paragraph |
| 110 | (2)(c) are waived: |
| 111 | 1.a. For urban infill and redevelopment areas designated |
| 112 | in the comprehensive plan under s. 163.2517; or |
| 113 | b. For areas designated in the comprehensive plan prior to |
| 114 | January 1, 2006, as urban infill development, urban |
| 115 | redevelopment, or downtown revitalization. |
| 116 |
|
| 117 | The local government and the Department of Transportation shall |
| 118 | cooperatively establish a plan for maintaining the adopted |
| 119 | level-of-service standards established by the Department of |
| 120 | Transportation for Strategic Intermodal System facilities, as |
| 121 | defined in s. 339.64. |
| 122 | 2. For municipalities that are built-out. For purposes of |
| 123 | this exemption: |
| 124 | a. The term "built-out" means that 90 percent of the |
| 125 | property within the municipality's boundaries, excluding lands |
| 126 | that are designated as conservation, preservation, recreation, |
| 127 | or public facilities categories, have been developed or are the |
| 128 | subject of an approved development order that has received a |
| 129 | building permit and the municipality has an average density of |
| 130 | five units per acre for residential developments. |
| 131 | b. The municipality must have adopted an ordinance that |
| 132 | provides the methodology for determining its built-out |
| 133 | percentage, declares that transportation concurrency |
| 134 | requirements are waived within its municipal boundary or within |
| 135 | a designated area of the municipality, and addresses multimodal |
| 136 | options and strategies, including alternative modes of |
| 137 | transportation within the municipality. Prior to the adoption of |
| 138 | the ordinance, the local government shall consult with the |
| 139 | Department of Transportation to assess the impact that the |
| 140 | waiver of the transportation concurrency requirements is |
| 141 | expected to have on the adopted level-of-service standards |
| 142 | established for Strategic Intermodal System facilities, as |
| 143 | defined in s. 339.64. Further, the local government shall |
| 144 | cooperatively establish a plan for maintaining the adopted |
| 145 | level-of-service standards established by the department for |
| 146 | Strategic Intermodal System facilities, as described in s. |
| 147 | 339.64. |
| 148 | c. If a municipality annexes any property, the |
| 149 | municipality must recalculate its built-out percentage pursuant |
| 150 | to the methodology set forth in its ordinance to verify whether |
| 151 | the annexed property may be included within the exemption. |
| 152 | d. If transportation concurrency requirements are waived |
| 153 | under this subparagraph, the municipality must adopt a |
| 154 | comprehensive plan amendment pursuant to s. 163.3187(1)(c), |
| 155 | which updates its transportation element to reflect the |
| 156 | transportation concurrency requirements waiver, and must submit |
| 157 | a copy of its ordinance, adopted in sub-subparagraph b., to the |
| 158 | state land planning agency. |
| 159 | (i) An areawide development of regional impact granted to |
| 160 | a municipality under s. 380.06(25) is exempt from the |
| 161 | requirements of transportation facilities concurrency if the |
| 162 | development of regional impact's boundaries have not been |
| 163 | increased after July 1, 2005, and a mitigation plan with |
| 164 | identified funding has been submitted and approved by the |
| 165 | Department of Transportation to address transportation |
| 166 | deficiencies, if the approved development order did not address |
| 167 | such deficiencies. New applications for development approval |
| 168 | that are located outside of but are adjacent and contiguous to |
| 169 | the specified exempt development-of-regional-impact boundaries |
| 170 | shall not include the trips generated by such exempt development |
| 171 | of regional impact as part of their transportation facilities |
| 172 | concurrency calculations. |
| 173 | (j) A development of regional impact granted to a downtown |
| 174 | development authority under s. 380.06(22) is exempt from the |
| 175 | requirements of transportation facilities concurrency if the |
| 176 | development of regional impact's boundaries have not been |
| 177 | increased after July 1, 2005, and a mitigation plan with |
| 178 | identified funding has been submitted and approved by the |
| 179 | Department of Transportation to address transportation |
| 180 | deficiencies, if the approved development order did not address |
| 181 | such deficiencies. New applications for development approval |
| 182 | that are located outside of but are adjacent and contiguous to |
| 183 | the specified exempt development-of-regional-impact boundaries |
| 184 | shall not include the trips generated by such exempt development |
| 185 | of regional impact as part of their transportation facilities |
| 186 | concurrency calculations. |
| 187 | (6) The Legislature finds that a de minimis impact is |
| 188 | consistent with this part. A de minimis impact is an impact that |
| 189 | would not affect more than 1 percent of the maximum volume at |
| 190 | the adopted level of service of the affected transportation |
| 191 | facility as determined by the local government. No impact will |
| 192 | be de minimis if the sum of existing roadway volumes and the |
| 193 | projected volumes from approved projects on a transportation |
| 194 | facility would exceed 110 percent of the maximum volume at the |
| 195 | adopted level of service of the affected transportation |
| 196 | facility; provided however, that an impact of a single family |
| 197 | home on an existing lot will constitute a de minimis impact on |
| 198 | all roadways regardless of the level of the deficiency of the |
| 199 | roadway. Further, no impact will be de minimis if it would |
| 200 | exceed the adopted level-of-service standard of any affected |
| 201 | designated hurricane evacuation routes. Each local government |
| 202 | shall maintain sufficient records to ensure that the 110-percent |
| 203 | criterion is not exceeded. Each local government shall submit |
| 204 | annually, with its updated capital improvements element, a |
| 205 | summary of the de minimis records. If the state land planning |
| 206 | agency determines that the 110-percent criterion has been |
| 207 | exceeded, the state land planning agency shall notify the local |
| 208 | government of the exceedance and that no further de minimis |
| 209 | exceptions for the applicable roadway may be granted until such |
| 210 | time as the volume is reduced below the 110 percent. The local |
| 211 | government shall provide proof of this reduction to the state |
| 212 | land planning agency before issuing further de minimis |
| 213 | exceptions. |
| 214 | (9)(a) Each local government may adopt as a part of its |
| 215 | plan, long-term transportation and school concurrency management |
| 216 | systems with a planning period of up to 10 years for specially |
| 217 | designated districts or areas where significant backlogs exist. |
| 218 | The plan may include interim level-of-service standards on |
| 219 | certain facilities and shall rely on the local government's |
| 220 | schedule of capital improvements for up to 10 years as a basis |
| 221 | for issuing development orders that authorize commencement of |
| 222 | construction in these designated districts or areas. The |
| 223 | concurrency management system must be designed to correct |
| 224 | existing deficiencies and set priorities for addressing |
| 225 | backlogged facilities. The concurrency management system must be |
| 226 | financially feasible and consistent with other portions of the |
| 227 | adopted local plan, including the future land use map. If a |
| 228 | long-term concurrency management system is adopted pursuant to |
| 229 | this paragraph for specially designated districts or areas where |
| 230 | significant backlog exists, then such plan shall be deemed |
| 231 | concurrent throughout the duration of the plan even if, in any |
| 232 | particular year, such transportation improvements are not |
| 233 | concurrent. |
| 234 | (13) School concurrency shall be established on a |
| 235 | districtwide basis and shall include all public schools in the |
| 236 | district and all portions of the district, whether located in a |
| 237 | municipality or an unincorporated area unless exempt from the |
| 238 | public school facilities element pursuant to s. 163.3177(12). |
| 239 | The application of school concurrency to development shall be |
| 240 | based upon the adopted comprehensive plan, as amended. All local |
| 241 | governments within a county, except as provided in paragraph |
| 242 | (f), shall adopt and transmit to the state land planning agency |
| 243 | the necessary plan amendments, along with the interlocal |
| 244 | agreement, for a compliance review pursuant to s. 163.3184(7) |
| 245 | and (8). The minimum requirements for school concurrency are the |
| 246 | following: |
| 247 | (d) Financial feasibility.--The Legislature recognizes |
| 248 | that financial feasibility is an important issue because the |
| 249 | premise of concurrency is that the public facilities will be |
| 250 | provided in order to achieve and maintain the adopted level-of- |
| 251 | service standard. This part and chapter 9J-5, Florida |
| 252 | Administrative Code, contain specific standards to determine the |
| 253 | financial feasibility of capital programs. These standards were |
| 254 | adopted to make concurrency more predictable and local |
| 255 | governments more accountable. |
| 256 | 1. A comprehensive plan amendment seeking to impose school |
| 257 | concurrency shall contain appropriate amendments to the capital |
| 258 | improvements element of the comprehensive plan, consistent with |
| 259 | the requirements of s. 163.3177(3) and rule 9J-5.016, Florida |
| 260 | Administrative Code. The capital improvements element shall set |
| 261 | forth a financially feasible public school capital facilities |
| 262 | program, established in conjunction with the school board, that |
| 263 | demonstrates that the adopted level-of-service standards will be |
| 264 | achieved and maintained. |
| 265 | 2. Such amendments shall demonstrate that the public |
| 266 | school capital facilities program meets all of the financial |
| 267 | feasibility standards of this part and chapter 9J-5, Florida |
| 268 | Administrative Code, that apply to capital programs which |
| 269 | provide the basis for mandatory concurrency on other public |
| 270 | facilities and services. |
| 271 | 3. When the financial feasibility of a public school |
| 272 | capital facilities program is evaluated by the state land |
| 273 | planning agency for purposes of a compliance determination, the |
| 274 | evaluation shall be based upon the service areas selected by the |
| 275 | local governments and school board. |
| 276 | 4. School capacity shall not be the basis to find any |
| 277 | amendment to a local government comprehensive plan not in |
| 278 | compliance pursuant to s. 163.3184 until the date established |
| 279 | pursuant to s. 163.3177(12)(i), provided data and analysis are |
| 280 | submitted to the state land planning agency demonstrating |
| 281 | coordination between the school board and the local government |
| 282 | to plan on addressing capacity issues. |
| 283 | (g) Interlocal agreement for school concurrency.--When |
| 284 | establishing concurrency requirements for public schools, a |
| 285 | local government must enter into an interlocal agreement that |
| 286 | satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and |
| 287 | 163.31777 and the requirements of this subsection. The |
| 288 | interlocal agreement shall acknowledge both the school board's |
| 289 | constitutional and statutory obligations to provide a uniform |
| 290 | system of free public schools on a countywide basis, and the |
| 291 | land use authority of local governments, including their |
| 292 | authority to approve or deny comprehensive plan amendments and |
| 293 | development orders. The interlocal agreement shall be submitted |
| 294 | to the state land planning agency by the local government as a |
| 295 | part of the compliance review, along with the other necessary |
| 296 | amendments to the comprehensive plan required by this part. In |
| 297 | addition to the requirements of ss. 163.3177(6)(h) and |
| 298 | 163.31777, the interlocal agreement shall meet the following |
| 299 | requirements: |
| 300 | 1. Establish the mechanisms for coordinating the |
| 301 | development, adoption, and amendment of each local government's |
| 302 | public school facilities element with each other and the plans |
| 303 | of the school board to ensure a uniform districtwide school |
| 304 | concurrency system. |
| 305 | 2. Establish a process for the development of siting |
| 306 | criteria which encourages the location of public schools |
| 307 | proximate to urban residential areas to the extent possible and |
| 308 | seeks to collocate schools with other public facilities such as |
| 309 | parks, libraries, and community centers to the extent possible. |
| 310 | 3. Specify uniform, districtwide level-of-service |
| 311 | standards for public schools of the same type and the process |
| 312 | for modifying the adopted level-of-service standards. |
| 313 | 4. Establish a process for the preparation, amendment, and |
| 314 | joint approval by each local government and the school board of |
| 315 | a public school capital facilities program which is financially |
| 316 | feasible, and a process and schedule for incorporation of the |
| 317 | public school capital facilities program into the local |
| 318 | government comprehensive plans on an annual basis. |
| 319 | 5. Define the geographic application of school |
| 320 | concurrency. If school concurrency is to be applied on a less |
| 321 | than districtwide basis in the form of concurrency service |
| 322 | areas, the agreement shall establish criteria and standards for |
| 323 | the establishment and modification of school concurrency service |
| 324 | areas. The agreement shall also establish a process and schedule |
| 325 | for the mandatory incorporation of the school concurrency |
| 326 | service areas and the criteria and standards for establishment |
| 327 | of the service areas into the local government comprehensive |
| 328 | plans. The agreement shall ensure maximum utilization of school |
| 329 | capacity, taking into account transportation costs and court- |
| 330 | approved desegregation plans, as well as other factors. The |
| 331 | agreement shall also ensure the achievement and maintenance of |
| 332 | the adopted level-of-service standards for the geographic area |
| 333 | of application throughout the 5 years covered by the public |
| 334 | school capital facilities plan and thereafter by adding a new |
| 335 | fifth year during the annual update. |
| 336 | 6. Establish a uniform districtwide procedure for |
| 337 | implementing school concurrency which provides for: |
| 338 | a. The evaluation of development applications for |
| 339 | compliance with school concurrency requirements, including |
| 340 | information provided by the school board on affected schools, |
| 341 | impact on levels of service, and programmed improvements for |
| 342 | affected schools and any options to provide sufficient capacity; |
| 343 | b. An opportunity for the school board to review and |
| 344 | comment on the effect of comprehensive plan amendments and |
| 345 | rezonings on the public school facilities plan; and |
| 346 | c. The monitoring and evaluation of the school concurrency |
| 347 | system. |
| 348 | 7. Include provisions relating to amendment of the |
| 349 | agreement. |
| 350 | 8. A process and uniform methodology for determining |
| 351 | proportionate-share mitigation pursuant to subparagraph (e)1. |
| 352 | Section 3. Paragraph (p) is added to subsection (1) of |
| 353 | section 163.3187, Florida Statutes, to read: |
| 354 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 355 | (1) Amendments to comprehensive plans adopted pursuant to |
| 356 | this part may be made not more than two times during any |
| 357 | calendar year, except: |
| 358 | (p)1. For municipalities that are more than 90 percent |
| 359 | built-out, any municipality's comprehensive plan amendments may |
| 360 | be approved without regard to limits imposed by law on the |
| 361 | frequency of consideration of amendments to the local |
| 362 | comprehensive plan only if the proposed amendment involves a use |
| 363 | of 100 acres or fewer and: |
| 364 | a. The cumulative annual effect of the acreage for all |
| 365 | amendments adopted pursuant to this paragraph does not exceed |
| 366 | 500 acres. |
| 367 | b. The proposed amendment does not involve the same |
| 368 | property granted a change within the prior 12 months. |
| 369 | c. The proposed amendment does not involve the same |
| 370 | owner's property within 200 feet of property granted a change |
| 371 | within the prior 12 months. |
| 372 | d. The proposed amendment does not involve a text change |
| 373 | to the goals, policies, and objectives of the local government's |
| 374 | comprehensive plan but only proposes a land use change to the |
| 375 | future land use map for a site-specific small scale development |
| 376 | activity. |
| 377 | e. The property that is the subject of the proposed |
| 378 | amendment is not located within an area of critical state |
| 379 | concern. |
| 380 | 2. For purposes of this paragraph, the term "built-out" |
| 381 | means 90 percent of the property within the municipality's |
| 382 | boundaries, excluding lands that are designated as conservation, |
| 383 | preservation, recreation, or public facilities categories, have |
| 384 | been developed or are the subject of an approved development |
| 385 | order that has received a building permit and the municipality |
| 386 | has an average density of five units per acre for residential |
| 387 | development. |
| 388 | 3.a. A local government that proposes to consider a plan |
| 389 | amendment pursuant to this paragraph is not required to comply |
| 390 | with the procedures and public notice requirements of s. |
| 391 | 163.3184(15)(c) for such plan amendments if the local government |
| 392 | complies with the provisions of s. 166.041(3)(c). If a request |
| 393 | for a plan amendment under this paragraph is initiated by other |
| 394 | than the local government, public notice of the amendment is |
| 395 | required. |
| 396 | b. The local government shall send copies of the notice |
| 397 | and amendment to the state land planning agency, the regional |
| 398 | planning council, and any other person or entity requesting a |
| 399 | copy. This information shall also include a statement |
| 400 | identifying any property subject to the amendment that is |
| 401 | located within a coastal high hazard area as identified in the |
| 402 | local comprehensive plan. |
| 403 | 4. Amendments adopted pursuant to this paragraph require |
| 404 | only one public hearing before the governing board, which shall |
| 405 | be an adoption hearing as described in s. 163.3184(7), and are |
| 406 | not subject to the requirements of s. 163.3184(3)-(6) unless the |
| 407 | local government elects to have them subject to those |
| 408 | requirements. |
| 409 | 5. This paragraph shall not apply if a municipality |
| 410 | annexes unincorporated property that decreases the percentage of |
| 411 | build-out to an amount below 90 percent. |
| 412 | 6. A municipality shall notify the state land planning |
| 413 | agency in writing of the municipality's built-out percentage |
| 414 | prior to the submission of any comprehensive plan amendments |
| 415 | under this subsection. |
| 416 | Section 4. Paragraph (a) of subsection (3) of section |
| 417 | 163.3247, Florida Statutes, is amended to read: |
| 418 | 163.3247 Century Commission for a Sustainable Florida.-- |
| 419 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
| 420 | CREATION; ORGANIZATION.--The Century Commission for a |
| 421 | Sustainable Florida is created as a standing body to help the |
| 422 | citizens of this state envision and plan their collective future |
| 423 | with an eye towards both 25-year and 50-year horizons. |
| 424 | (a) The commission shall consist of 15 members, 5 |
| 425 | appointed by the Governor, 5 appointed by the President of the |
| 426 | Senate, and 5 appointed by the Speaker of the House of |
| 427 | Representatives. Appointments shall be made no later than |
| 428 | October 1, 2005. The membership must represent local |
| 429 | governments, school boards, developers and homebuilders, the |
| 430 | business community, the agriculture community, the environmental |
| 431 | community, and other appropriate stakeholders. The membership |
| 432 | shall reflect the demographic makeup of the state. One member |
| 433 | shall be designated by the Governor as chair of the commission. |
| 434 | Any vacancy that occurs on the commission must be filled in the |
| 435 | same manner as the original appointment and shall be for the |
| 436 | unexpired term of that commission seat. Members shall serve 4- |
| 437 | year terms, except that, initially, to provide for staggered |
| 438 | terms, the Governor, the President of the Senate, and the |
| 439 | Speaker of the House of Representatives shall each appoint one |
| 440 | member to serve a 2-year term, two members to serve 3-year |
| 441 | terms, and two members to serve 4-year terms. All subsequent |
| 442 | appointments shall be for 4-year terms. An appointee may not |
| 443 | serve more than 6 years. |
| 444 | Section 5. Subsection (2) of section 339.2819, Florida |
| 445 | Statutes, is amended to read: |
| 446 | 339.2819 Transportation Regional Incentive Program.-- |
| 447 | (2) The percentage of matching funds provided from the |
| 448 | Transportation Regional Incentive Program shall be 50 percent of |
| 449 | project costs, or up to 50 percent of the nonfederal share of |
| 450 | the eligible project cost for a public transportation facility |
| 451 | project. |
| 452 | Section 6. Paragraphs (l) and (n) of subsection (24) of |
| 453 | section 380.06, Florida Statutes, are amended, and subsection |
| 454 | (28) is added to that section, to read: |
| 455 | 380.06 Developments of regional impact.-- |
| 456 | (24) STATUTORY EXEMPTIONS.-- |
| 457 | (l) Any proposed development within an urban service |
| 458 | boundary established under s. 163.3177(14) is exempt from the |
| 459 | provisions of this section if the local government having |
| 460 | jurisdiction over the area where the development is proposed has |
| 461 | adopted the urban service boundary, and has entered into a |
| 462 | binding agreement with adjacent jurisdictions that would be |
| 463 | impacted and with the Department of Transportation regarding the |
| 464 | mitigation of impacts on state and regional transportation |
| 465 | facilities, and has adopted a proportionate share methodology |
| 466 | pursuant to s. 163.3180(16). |
| 467 | (n) Any proposed development or redevelopment within an |
| 468 | area designated as an urban infill and redevelopment area under |
| 469 | s. 163.2517 is exempt from the provisions of this section if the |
| 470 | local government has entered into a binding agreement with |
| 471 | jurisdictions that would be impacted and the Department of |
| 472 | Transportation regarding the mitigation of impacts on state and |
| 473 | regional transportation facilities, and has adopted a |
| 474 | proportionate share methodology pursuant to s. 163.3180(16). |
| 475 | (28) PARTIAL STATUTORY EXEMPTIONS.-- |
| 476 | (a) If the binding agreement referenced under paragraph |
| 477 | (24)(l) for urban service boundaries is not entered into within |
| 478 | 12 months after establishment of the urban service boundary, the |
| 479 | development-of-regional-impact review for projects within the |
| 480 | urban service boundary must address transportation impacts only. |
| 481 | (b) If the binding agreement referenced under paragraph |
| 482 | (24)(n) for designated urban infill and redevelopment areas is |
| 483 | not entered into within 12 months after the designation of the |
| 484 | area or July 1, 2007, whichever occurs later, the development- |
| 485 | of-regional-impact review for projects within the urban infill |
| 486 | and redevelopment area must address transportation impacts only. |
| 487 | (c) If the binding agreement referenced under paragraph |
| 488 | (24)(m) for rural land stewardship areas is not entered into |
| 489 | within 12 months after the designation of a rural land |
| 490 | stewardship area, the development-of-regional-impact review for |
| 491 | projects within the rural land stewardship area must address |
| 492 | transportation impacts only. |
| 493 | (d) A local government that does not wish to enter into a |
| 494 | binding agreement or that is unable to agree on the terms of the |
| 495 | agreement referenced under paragraph (24)(l), paragraph (24)(m), |
| 496 | or paragraph (24)(n) shall provide written notification to the |
| 497 | state land planning agency of the desire not to enter into a |
| 498 | binding agreement or a failure to enter into a binding agreement |
| 499 | within the 12-month period referenced in paragraph (a), |
| 500 | paragraph (b), or paragraph (c). Following the notification of |
| 501 | the state land planning agency, the development-of-regional- |
| 502 | impact review for projects within the urban service boundary |
| 503 | under paragraph (24)(l), within a rural land stewardship area |
| 504 | under paragraph (24)(m), or for an urban infill and |
| 505 | redevelopment area under paragraph (24)(n) must address |
| 506 | transportation impacts only. |
| 507 | Section 7. The Legislature finds that local governments |
| 508 | should have the ability to require all new development to |
| 509 | mitigate the development's impact on transportation facilities, |
| 510 | regardless of the size or type of development, by payment of a |
| 511 | per-trip fee as an alternative to the adoption by the local |
| 512 | government of impact fees for transportation facilities or the |
| 513 | implementation of proportionate fair-share mitigation. |
| 514 | Therefore, the Legislature hereby directs that the Department of |
| 515 | Transportation shall conduct a study to determine if a per-trip |
| 516 | fee would provide local government with an effective method of |
| 517 | ensuring that the cost of transportation facilities is equitable |
| 518 | and equally distributed. Such fees would be imposed on roadways |
| 519 | and paid at the time of the issuance of a building permit or its |
| 520 | functional equivalent. The revenues derived from such fees would |
| 521 | be used to fund new facilities or to fix existing deficiencies |
| 522 | on transportation facilities. The department shall submit a |
| 523 | report of its findings and recommendations to the Governor, the |
| 524 | President of the Senate, and the Speaker of the House of |
| 525 | Representatives by December 1, 2006. |
| 526 | Section 8. The sum of $25 million is appropriated from the |
| 527 | General Revenue Fund to the Conservation and Recreation Lands |
| 528 | Program Trust Fund within the Department of Agriculture and |
| 529 | Consumer Services for the purposes of s. 570.71, Florida |
| 530 | Statutes. |
| 531 | Section 9. This act shall take effect July 1, 2006. |