HB 905

1	A bill to be entitled
2	An act relating to transportation concurrency management;
3	amending s. 163.3180, F.S.; providing an exception to
4	certain in-place or under-actual-construction requirements
5	for transportation facilities serving new developments for
6	certain stricter concurrency requirements by local
7	governments; restricting a requirement that local
8	governments adopt into a plan and implement certain
9	strategies relating to exception areas to circumstances in
10	which an exception is granted; limiting application of
11	certain proportionate fair-share mitigation provisions to
12	circumstances in which a local government elects to use
13	such provisions instead of a concurrency management
14	system; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (c) of subsection (2), paragraph (e)
19	of subsection (5), and subsection (16) of section 163.3180,
20	Florida Statutes, are amended to read:
21	163.3180  Concurrency.--
22	(2)
23	(c)  Consistent with the public welfare, and except as
24	otherwise provided in this section, transportation facilities
25	needed to serve new development shall be in place or under
26	actual construction within 3 years after the local government
27	approves a building permit or its functional equivalent that
28	results in traffic generation. Nothing is this section prohibits
29	a local government from adopting stricter concurrency
30	requirements, including real-time concurrency, under which a
31	local government need not issue a building permit or its
32	functional equivalent for a new development under any
33	circumstances that result in traffic generation until adequate
34	transportation facilities are in place.
35	(5)
36	(e)  If a local government grants an exception from the
37	concurrency requirement for transportation facilities pursuant
38	to paragraph (b) after July 1, 2006, the local government shall
39	adopt into the plan and implement strategies to support and fund
40	mobility within the designated exception area, including
41	alternative modes of transportation. The plan amendment shall
42	also demonstrate how strategies will support the purpose of the
43	exception and how mobility within the designated exception area
44	will be provided. In addition, the strategies must address urban
45	design; appropriate land use mixes, including intensity and
46	density; and network connectivity plans needed to promote urban
47	infill, redevelopment, or downtown revitalization. The
48	comprehensive plan amendment designating the concurrency
49	exception area shall be accompanied by data and analysis
50	justifying the size of the area.
51	(16)  It is the intent of the Legislature to provide
52	alternatives a method by which the impacts of development on
53	transportation facilities can be mitigated by the cooperative
54	efforts of the public and private sectors. If a local government
55	elects to use proportionate fair-share mitigation in lieu of its
56	existing concurrency management system as adopted in its
57	comprehensive plan, the methodology used to calculate
58	proportionate fair-share mitigation under this section shall be
59	as provided for in subsection (12) and the following provisions
60	shall apply:.
61	(a)  By December 1, 2006, each local government shall adopt
62	by ordinance a methodology for assessing proportionate fair-
63	share mitigation options. By December 1, 2005, the Department of
64	Transportation shall develop a model transportation concurrency
65	management ordinance with methodologies for assessing
66	proportionate fair-share mitigation options.
67	(b)1.  In its transportation concurrency management system,
68	a local government shall, by December 1, 2006, include
69	methodologies that will be applied to calculate proportionate
70	fair-share mitigation. A developer may choose to satisfy all
71	transportation concurrency requirements by contributing or
72	paying proportionate fair-share mitigation if transportation
73	facilities or facility segments identified as mitigation for
74	traffic impacts are specifically identified for funding in the
75	5-year schedule of capital improvements in the capital
76	improvements element of the local plan or the long-term
77	concurrency management system or if such contributions or
78	payments to such facilities or segments are reflected in the 5-
79	year schedule of capital improvements in the next regularly
80	scheduled update of the capital improvements element. Updates to
81	the 5-year capital improvements element which reflect
82	proportionate fair-share contributions may not be found not in
83	compliance based on ss. 163.164(32) and 163.3177(3) if
84	additional contributions, payments or funding sources are
85	reasonably anticipated during a period not to exceed 10 years to
86	fully mitigate impacts on the transportation facilities.
87	2.  Proportionate fair-share mitigation shall be applied as
88	a credit against impact fees to the extent that all or a portion
89	of the proportionate fair-share mitigation is used to address
90	the same capital infrastructure improvements contemplated by the
91	local government's impact fee ordinance.
92	(c)  Proportionate fair-share mitigation includes, without
93	limitation, separately or collectively, private funds,
94	contributions of land, and construction and contribution of
95	facilities and may include public funds as determined by the
96	local government. The fair market value of the proportionate
97	fair-share mitigation shall not differ based on the form of
98	mitigation. A local government may not require a development to
99	pay more than its proportionate fair-share contribution
100	regardless of the method of mitigation.
101	(d)  Nothing in this subsection shall require a local
102	government to approve a development that is not otherwise
103	qualified for approval pursuant to the applicable local
104	comprehensive plan and land development regulations.
105	(e)  Mitigation for development impacts to facilities on
106	the Strategic Intermodal System made pursuant to this subsection
107	requires the concurrence of the Department of Transportation.
108	(f)  In the event the funds in an adopted 5-year capital
109	improvements element are insufficient to fully fund construction
110	of a transportation improvement required by the local
111	government's concurrency management system, a local government
112	and a developer may still enter into a binding proportionate-
113	share agreement authorizing the developer to construct that
114	amount of development on which the proportionate share is
115	calculated if the proportionate-share amount in such agreement
116	is sufficient to pay for one or more improvements which will, in
117	the opinion of the governmental entity or entities maintaining
118	the transportation facilities, significantly benefit the
119	impacted transportation system. The improvement or improvements
120	funded by the proportionate-share component must be adopted into
121	the 5-year capital improvements schedule of the comprehensive
122	plan at the next annual capital improvements element update.
123	(g)  Except as provided in subparagraph (b)1., nothing in
124	this section shall prohibit the Department of Community Affairs
125	from finding other portions of the capital improvements element
126	amendments not in compliance as provided in this chapter.
127	(h)  The provisions of this subsection do not apply to a
128	multiuse development of regional impact satisfying the
129	requirements of subsection (12).
130	Section 2.  This act shall take effect July 1, 2006.

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