Senate Bill sb2074

    Florida Senate - 2007                                  SB 2074

    By Senator Bennett





    21-1496-07

  1                      A bill to be entitled

  2         An act relating to transportation concurrency;

  3         amending s. 163.3180, F.S.; providing that a

  4         developer is not required to pay facility costs

  5         that are attributable to a backlog in meeting

  6         concurrency requirements; providing

  7         requirements for modeling that is performed for

  8         purposes of determining the effects of the

  9         development upon the roadways; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (12) of section 163.3180,

15  Florida Statutes, is amended to read:

16         163.3180  Concurrency.--

17         (12)  When authorized by a local comprehensive plan, a

18  multiuse development of regional impact may satisfy the

19  transportation concurrency requirements of the local

20  comprehensive plan, the local government's concurrency

21  management system, and s. 380.06 by payment of a

22  proportionate-share contribution for local and regionally

23  significant traffic impacts, if:

24         (a)  The development of regional impact meets or

25  exceeds the guidelines and standards of s. 380.0651(3)(h) and

26  rule 28-24.032(2), Florida Administrative Code, and includes a

27  residential component that contains at least 100 residential

28  dwelling units or 15 percent of the applicable residential

29  guideline and standard, whichever is greater;

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    Florida Senate - 2007                                  SB 2074
    21-1496-07




 1         (b)  The development of regional impact contains an

 2  integrated mix of land uses and is designed to encourage

 3  pedestrian or other nonautomotive modes of transportation;

 4         (c)  The proportionate-share contribution for local and

 5  regionally significant traffic impacts is sufficient to pay

 6  for one or more required improvements that will benefit a

 7  regionally significant transportation facility;

 8         (d)  The owner and developer of the development of

 9  regional impact pays or assures payment of the

10  proportionate-share contribution; and

11         (e)  If the regionally significant transportation

12  facility to be constructed or improved is under the

13  maintenance authority of a governmental entity, as defined by

14  s. 334.03(12), other than the local government with

15  jurisdiction over the development of regional impact, the

16  developer is required to enter into a binding and legally

17  enforceable commitment to transfer funds to the governmental

18  entity having maintenance authority or to otherwise assure

19  construction or improvement of the facility.

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21  The proportionate-share contribution may be applied to any

22  transportation facility to satisfy the provisions of this

23  subsection and the local comprehensive plan, but, for the

24  purposes of this subsection, the amount of the

25  proportionate-share contribution shall be calculated based

26  upon the cumulative number of trips from the proposed

27  development expected to reach roadways during the peak hour

28  from the complete buildout of a stage or phase being approved,

29  divided by the change in the peak hour maximum service volume

30  of roadways resulting from construction of an improvement

31  necessary to maintain the adopted level of service, multiplied

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    Florida Senate - 2007                                  SB 2074
    21-1496-07




 1  by the construction cost, at the time of developer payment, of

 2  the improvement necessary to maintain the adopted level of

 3  service. For purposes of this subsection, "construction cost"

 4  includes all associated costs of the improvement. However, the

 5  developer is not required to pay any share of facility costs

 6  that are attributable to a backlog in a local government's

 7  requirements for transportation concurrency with respect to

 8  affected roadways, and any modeling that is performed in order

 9  to determine the effects of the development upon the roadways

10  must include credit for the number of trips generated by the

11  existing development and credit for existing impact fees and

12  proportionate-share mitigation.

13         Section 2.  This act shall take effect upon becoming a

14  law.

15  

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17                          SENATE SUMMARY

18    Exempts a developer from paying facility costs that are
      attributable to a backlog in meeting requirements for
19    transportation concurrency. Requires that modeling
      performed for purposes of determining the effects of the
20    development upon the roadways include certain credits.

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