Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
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CHAMBER ACTION
Senate House
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (26) and (32) of section
18 163.3164, Florida Statutes, are amended to read:
19 163.3164 Local Government Comprehensive Planning and
20 Land Development Regulation Act; definitions.--As used in this
21 act:
22 (26) "Urban redevelopment" means demolition and
23 reconstruction or substantial renovation of existing buildings
24 or infrastructure within urban infill areas, or existing urban
25 service areas, or community redevelopment areas created
26 pursuant to part III.
27 (32) "Financial feasibility" means that sufficient
28 revenues are currently available or will be available from
29 committed funding sources for the first 3 years, or will be
30 available from committed or planned funding sources for years
31 4 and 5, of a 5-year capital improvement schedule for
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Bill No. HB 7203, 2nd Eng.
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1 financing capital improvements, such as ad valorem taxes,
2 bonds, state and federal funds, tax revenues, impact fees, and
3 developer contributions, which are adequate to fund the
4 projected costs of the capital improvements identified in the
5 comprehensive plan necessary to ensure that adopted
6 level-of-service standards are achieved and maintained within
7 the period covered by the 5-year schedule of capital
8 improvements. A comprehensive plan shall be deemed financially
9 feasible for transportation and school facilities throughout
10 the planning period addressed by the capital improvements
11 schedule if it can be demonstrated that the level-of-service
12 standards will be achieved and maintained by the end of the
13 planning period even if in a particular year such improvements
14 are not concurrent as required by s. 163.3180. The requirement
15 that level-of-service standards be achieved and maintained
16 shall not apply if the proportionate-share process set forth
17 in s. 163.3180(12) and (16) is used.
18 Section 2. Subsections (2) and (3) of section
19 163.3177, Florida Statutes, are amended to read:
20 163.3177 Required and optional elements of
21 comprehensive plan; studies and surveys.--
22 (2) Coordination of the several elements of the local
23 comprehensive plan shall be a major objective of the planning
24 process. The several elements of the comprehensive plan shall
25 be consistent, and the comprehensive plan shall be financially
26 feasible. Financial feasibility shall be determined using
27 professionally accepted methodologies and applies to the
28 5-year planning period, except in the case of a long-term
29 transportation or school concurrency management system, in
30 which case a 10-year or 15-year period applies.
31 (3)(a) The comprehensive plan shall contain a capital
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Bill No. HB 7203, 2nd Eng.
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1 improvements element designed to consider the need for and the
2 location of public facilities in order to encourage the
3 efficient use utilization of such facilities and set forth:
4 1. A component that which outlines principles for
5 construction, extension, or increase in capacity of public
6 facilities, as well as a component that which outlines
7 principles for correcting existing public facility
8 deficiencies, which are necessary to implement the
9 comprehensive plan. The components shall cover at least a
10 5-year period.
11 2. Estimated public facility costs, including a
12 delineation of when facilities will be needed, the general
13 location of the facilities, and projected revenue sources to
14 fund the facilities.
15 3. Standards to ensure the availability of public
16 facilities and the adequacy of those facilities including
17 acceptable levels of service.
18 4. Standards for the management of debt.
19 5. A schedule of capital improvements which includes
20 publicly funded projects, and which may include privately
21 funded projects for which the local government has no fiscal
22 responsibility, necessary to ensure that adopted
23 level-of-service standards are achieved and maintained. For
24 capital improvements that will be funded by the developer,
25 financial feasibility shall be demonstrated by being
26 guaranteed in an enforceable development agreement or
27 interlocal agreement pursuant to paragraph (10)(h), or other
28 enforceable agreement. These development agreements and
29 interlocal agreements shall be reflected in the schedule of
30 capital improvements if the capital improvement is necessary
31 to serve development within the 5-year schedule. If the local
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7203, 2nd Eng.
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1 government uses planned revenue sources that require referenda
2 or other actions to secure the revenue source, the plan must,
3 in the event the referenda are not passed or actions do not
4 secure the planned revenue source, identify other existing
5 revenue sources that will be used to fund the capital projects
6 or otherwise amend the plan to ensure financial feasibility.
7 6. The schedule must include transportation
8 improvements included in the applicable metropolitan planning
9 organization's transportation improvement program adopted
10 pursuant to s. 339.175(7) to the extent that such improvements
11 are relied upon to ensure concurrency and financial
12 feasibility. The schedule must also be coordinated with the
13 applicable metropolitan planning organization's long-range
14 transportation plan adopted pursuant to s. 339.175(6).
15 (b)1. The capital improvements element must shall be
16 reviewed on an annual basis and modified as necessary in
17 accordance with s. 163.3187 or s. 163.3189 in order to
18 maintain a financially feasible 5-year schedule of capital
19 improvements. Corrections and modifications concerning costs;
20 revenue sources; or acceptance of facilities pursuant to
21 dedications which are consistent with the plan may be
22 accomplished by ordinance and shall not be deemed to be
23 amendments to the local comprehensive plan. A copy of the
24 ordinance shall be transmitted to the state land planning
25 agency. An amendment to the comprehensive plan is required to
26 update the schedule on an annual basis or to eliminate, defer,
27 or delay the construction for any facility listed in the
28 5-year schedule. All public facilities must shall be
29 consistent with the capital improvements element. Amendments
30 to implement this section must be adopted and transmitted no
31 later than December 1, 2008 2007. Thereafter, a local
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Bill No. HB 7203, 2nd Eng.
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1 government may not amend its future land use map, except for
2 plan amendments to meet new requirements under this part and
3 emergency amendments pursuant to s. 163.3187(1)(a), after
4 December 1, 2008 2007, and every year thereafter, unless and
5 until the local government has adopted the annual update and
6 it has been transmitted to the state land planning agency.
7 2. Capital improvements element amendments adopted
8 after the effective date of this act shall require only a
9 single public hearing before the governing board which shall
10 be an adoption hearing as described in s. 163.3184(7). Such
11 amendments are not subject to the requirements of s.
12 163.3184(3)-(6).
13 (c) If the local government does not adopt the
14 required annual update to the schedule of capital improvements
15 or the annual update is found not in compliance, the state
16 land planning agency must notify the Administration
17 Commission. A local government that has a demonstrated lack of
18 commitment to meeting its obligations identified in the
19 capital improvements element may be subject to sanctions by
20 the Administration Commission pursuant to s. 163.3184(11).
21 (d) If a local government adopts a long-term
22 concurrency management system pursuant to s. 163.3180(9), it
23 must also adopt a long-term capital improvements schedule
24 covering up to a 10-year or 15-year period, and must update
25 the long-term schedule annually. The long-term schedule of
26 capital improvements must be financially feasible.
27 (e) At the discretion of the local government and
28 notwithstanding the requirements of this subsection, a
29 comprehensive plan, as revised by an amendment to the plan's
30 future land use map, shall be deemed to be financially
31 feasible and to have achieved and maintained level-of-service
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1 standards with respect to transportation facilities if the
2 amendment to the future land use map is supported by a:
3 1. Condition in a development order for a development
4 of regional impact or binding agreement that addresses
5 proportionate-share mitigation consistent with s.
6 163.3180(12); or
7 2. Binding agreement addressing proportionate
8 fair-share mitigation consistent with s. 163.3180(16)(f) and
9 the property subject to the amendment to the future land use
10 map is located within an area designated in a comprehensive
11 plan for urban infill, urban redevelopment, downtown
12 revitalization, urban infill and redevelopment, or an urban
13 service area. The binding agreement must be based on the
14 maximum amount of development identified by the future land
15 use map amendment.
16 Section 3. Subsections (5), (12), and (16) of section
17 163.3180, Florida Statutes, are amended to read:
18 163.3180 Concurrency.--
19 (5)(a) The Legislature finds that under limited
20 circumstances dealing with transportation facilities,
21 countervailing planning and public policy goals may come into
22 conflict with the requirement that adequate public facilities
23 and services be available concurrent with the impacts of such
24 development. The Legislature further finds that often the
25 unintended result of the concurrency requirement for
26 transportation facilities is the discouragement of urban
27 infill development and redevelopment. Such unintended results
28 directly conflict with the goals and policies of the state
29 comprehensive plan and the intent of this part. Therefore,
30 exceptions from the concurrency requirement for transportation
31 facilities may be granted as provided by this subsection.
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Bill No. HB 7203, 2nd Eng.
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1 (b) A local government may grant an exception from the
2 concurrency requirement for transportation facilities if the
3 proposed development is otherwise consistent with the adopted
4 local government comprehensive plan and is a project that
5 promotes public transportation or is located within an area
6 designated in the comprehensive plan for:
7 1. Urban infill development;,
8 2. Urban redevelopment;,
9 3. Downtown revitalization;, or
10 4. Urban infill and redevelopment under s. 163.2517;
11 or.
12 5. An urban service area specifically designated as a
13 transportation-concurrency-exception area which includes lands
14 appropriate for compact, contiguous urban development, which
15 does not exceed the amount of land needed to accommodate the
16 projected population growth at densities consistent with the
17 adopted comprehensive plan within the 10-year planning period,
18 and which is served or is planned to be served with public
19 facilities and services as provided by the capital
20 improvements element.
21 (c) The Legislature also finds that developments
22 located within urban infill, urban redevelopment, existing
23 urban service, or downtown revitalization areas or areas
24 designated as urban infill and redevelopment areas under s.
25 163.2517 which pose only special part-time demands on the
26 transportation system should be excepted from the concurrency
27 requirement for transportation facilities. A special
28 part-time demand is one that does not have more than 200
29 scheduled events during any calendar year and does not affect
30 the 100 highest traffic volume hours.
31 (d) A local government shall establish guidelines in
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1 the comprehensive plan for granting the exceptions authorized
2 in paragraphs (b) and (c) and subsections (7) and (15) which
3 must be consistent with and support a comprehensive strategy
4 adopted in the plan to promote the purpose of the exceptions.
5 (e) The local government shall adopt into the plan and
6 implement long-term strategies to support and fund mobility
7 within the designated exception area, including alternative
8 modes of transportation. The plan amendment must shall also
9 demonstrate how strategies will support the purpose of the
10 exception and how mobility within the designated exception
11 area will be provided. In addition, the strategies must
12 address urban design; appropriate land use mixes, including
13 intensity and density; and network connectivity plans needed
14 to promote urban infill, redevelopment, or downtown
15 revitalization. The comprehensive plan amendment designating
16 the concurrency exception area must shall be accompanied by
17 data and analysis justifying the size of the area.
18 (f) Prior to the designation of a concurrency
19 exception area, the state land planning agency and the
20 Department of Transportation shall be consulted by the local
21 government to assess the impact that the proposed exception
22 area is expected to have on the adopted level-of-service
23 standards established for Strategic Intermodal System
24 facilities, as defined in s. 339.64, and roadway facilities
25 funded in accordance with s. 339.2819. Further, the local
26 government shall, in consultation cooperation with the state
27 land planning agency and the Department of Transportation,
28 develop a plan to mitigate any impacts to the Strategic
29 Intermodal System, including, if appropriate, the development
30 of a long-term concurrency management system pursuant to
31 subsection (9) and s. 163.3177(3)(d). The exceptions may be
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Bill No. HB 7203, 2nd Eng.
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1 available only within the specific geographic area of the
2 jurisdiction designated in the plan. Pursuant to s. 163.3184,
3 any affected person may challenge a plan amendment
4 establishing these guidelines and the areas within which an
5 exception could be granted.
6 (g) Transportation concurrency exception areas
7 existing prior to July 1, 2005, must shall meet, at a minimum,
8 meet the provisions of this section by July 1, 2006, or at the
9 time of the comprehensive plan update pursuant to the
10 evaluation and appraisal report, whichever occurs last.
11 (12) When authorized by a local comprehensive plan, A
12 multiuse development of regional impact may satisfy the
13 transportation concurrency requirements of the local
14 comprehensive plan, the local government's concurrency
15 management system, and s. 380.06 by payment of a
16 proportionate-share contribution for local and regionally
17 significant traffic impacts, if:
18 (a) The development of regional impact meets or
19 exceeds the guidelines and standards of s. 380.0651(3)(h) and
20 rule 28-24.032(2), Florida Administrative Code, and includes a
21 residential component that contains at least 100 residential
22 dwelling units or 15 percent of the applicable residential
23 guideline and standard, whichever is greater;
24 (a)(b) The development of regional impact which, based
25 on its location or mix of land uses, contains an integrated
26 mix of land uses and is designed to encourage pedestrian or
27 other nonautomotive modes of transportation;
28 (b)(c) The proportionate-share contribution for local
29 and regionally significant traffic impacts is sufficient to
30 pay for one or more required mobility improvements that will
31 benefit a regionally significant transportation facility;
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1 (c)(d) The owner and developer of the development of
2 regional impact pays or assures payment of the
3 proportionate-share contribution; and
4 (d)(e) If the regionally significant transportation
5 facility to be constructed or improved is under the
6 maintenance authority of a governmental entity, as defined by
7 s. 334.03(12), other than the local government with
8 jurisdiction over the development of regional impact, the
9 developer is required to enter into a binding and legally
10 enforceable commitment to transfer funds to the governmental
11 entity having maintenance authority or to otherwise assure
12 construction or improvement of the facility.
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14 The proportionate-share contribution may be applied to any
15 transportation facility to satisfy the provisions of this
16 subsection and the local comprehensive plan, but, for the
17 purposes of this subsection, the amount of the
18 proportionate-share contribution shall be calculated based
19 upon the cumulative number of trips from the proposed
20 development expected to reach roadways during the peak hour
21 from the complete buildout of a stage or phase being approved,
22 divided by the change in the peak hour maximum service volume
23 of roadways resulting from construction of an improvement
24 necessary to maintain the adopted level of service, multiplied
25 by the construction cost, at the time of developer payment, of
26 the improvement necessary to maintain the adopted level of
27 service. For purposes of this subsection, "construction cost"
28 includes all associated costs of the improvement.
29 Proportionate-share mitigation shall be limited to ensure that
30 a development of regional impact meeting the requirements of
31 this subsection mitigates its impact on the transportation
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1 system but is not responsible for the additional cost of
2 reducing or eliminating backlogs.
3 (16) It is the intent of the Legislature to provide a
4 method by which the impacts of development on transportation
5 facilities can be mitigated by the cooperative efforts of the
6 public and private sectors. The methodology used to calculate
7 proportionate fair-share mitigation under this section shall
8 be as provided for in subsection (12).
9 (a) By December 1, 2006, each local government shall
10 adopt by ordinance a methodology for assessing proportionate
11 fair-share mitigation options. By December 1, 2005, the
12 Department of Transportation shall develop a model
13 transportation concurrency management ordinance with
14 methodologies for assessing proportionate fair-share
15 mitigation options.
16 (b)1. In its transportation concurrency management
17 system, a local government shall, by December 1, 2006, include
18 methodologies that will be applied to calculate proportionate
19 fair-share mitigation. A developer may choose to satisfy all
20 transportation concurrency requirements by contributing or
21 paying proportionate fair-share mitigation if transportation
22 facilities or facility segments identified as mitigation for
23 traffic impacts are specifically identified for funding in the
24 5-year schedule of capital improvements in the capital
25 improvements element of the local plan or the long-term
26 concurrency management system or if such contributions or
27 payments to such facilities or segments are reflected in the
28 5-year schedule of capital improvements in the next regularly
29 scheduled update of the capital improvements element. Updates
30 to the 5-year capital improvements element which reflect
31 proportionate fair-share contributions may not be found not in
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1 compliance based on ss. 163.3164(32) and 163.3177(3) if
2 additional contributions, payments or funding sources are
3 reasonably anticipated during a period not to exceed 10 years
4 to fully mitigate impacts on the transportation facilities.
5 2. Proportionate fair-share mitigation shall be
6 applied as a credit against impact fees to the extent that all
7 or a portion of the proportionate fair-share mitigation is
8 used to address the same capital infrastructure improvements
9 contemplated by the local government's impact fee ordinance.
10 (c) Proportionate fair-share mitigation includes,
11 without limitation, separately or collectively, private funds,
12 contributions of land, and construction and contribution of
13 facilities and may include public funds as determined by the
14 local government. Proportionate fair-share mitigation may be
15 directed toward one or more specific transportation
16 improvements reasonably related to the mobility demands
17 created by the development and such improvements may address
18 one or more modes of travel. The fair market value of the
19 proportionate fair-share mitigation shall not differ based on
20 the form of mitigation. A local government may not require a
21 development to pay more than its proportionate fair-share
22 contribution regardless of the method of mitigation.
23 Proportionate fair-share mitigation shall be limited to ensure
24 that a development meeting the requirements of this section
25 mitigates its impact on the transportation system but is not
26 responsible for the additional cost of reducing or eliminating
27 backlogs.
28 (d) Nothing in This subsection does not shall require
29 a local government to approve a development that is not
30 otherwise qualified for approval pursuant to the applicable
31 local comprehensive plan and land development regulations.
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1 (e) Mitigation for development impacts to facilities
2 on the Strategic Intermodal System made pursuant to this
3 subsection requires the concurrence of the Department of
4 Transportation.
5 (f) If In the event the funds in an adopted 5-year
6 capital improvements element are insufficient to fully fund
7 construction of a transportation improvement required by the
8 local government's concurrency management system, a local
9 government and a developer may still enter into a binding
10 proportionate-share agreement authorizing the developer to
11 construct that amount of development on which the
12 proportionate share is calculated if the proportionate-share
13 amount in such agreement is sufficient to pay for one or more
14 improvements which will, in the opinion of the governmental
15 entity or entities maintaining the transportation facilities,
16 significantly benefit the impacted transportation system. The
17 improvement or improvements funded by the proportionate-share
18 component must be adopted into the 5-year capital improvements
19 schedule of the comprehensive plan at the next annual capital
20 improvements element update. The funding of improvements that
21 significantly benefit the impacted transportation system must
22 satisfy concurrency as a mitigation of the development's
23 impact upon the overall transportation system.
24 (g) Except as provided in subparagraph (b)1., nothing
25 in this section may not shall prohibit the Department of
26 Community Affairs from finding other portions of the capital
27 improvements element amendments not in compliance as provided
28 in this chapter.
29 (h) The provisions of this subsection do not apply to
30 a multiuse development of regional impact satisfying the
31 requirements of subsection (12).
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1 Section 4. Subsection (14) is added to section
2 163.3191, Florida Statutes, to read:
3 163.3191 Evaluation and appraisal of comprehensive
4 plan.--
5 (14) The prohibition on plan amendments in subsection
6 (10) does not apply to a proposed plan amendment adopted by a
7 local government in order to integrate a port master plan with
8 the coastal management plan element of the local comprehensive
9 plan required under s. 163.3178(2)(k), if the port master plan
10 or the proposed plan amendment do not cause or contribute to
11 the local government's failure to comply with the requirements
12 of the evaluation and appraisal report.
13 Section 5. Paragraph (c) of subsection (19) of section
14 380.06, Florida Statutes, is amended to read:
15 380.06 Developments of regional impact.--
16 (19) SUBSTANTIAL DEVIATIONS.--
17 (c) An extension of the date of buildout of a
18 development, or any phase thereof, by more than 7 years is
19 shall be presumed to create a substantial deviation subject to
20 further development-of-regional-impact review. An extension of
21 the date of buildout, or any phase thereof, of more than 5
22 years but not more than 7 years is shall be presumed not to
23 create a substantial deviation. The extension of the date of
24 buildout of an areawide development of regional impact by more
25 than 5 years but less than 10 years is presumed not to create
26 a substantial deviation. These presumptions may be rebutted by
27 clear and convincing evidence at the public hearing held by
28 the local government. An extension of 5 years or less is not a
29 substantial deviation. For the purpose of calculating when a
30 buildout or phase date has been exceeded, the time shall be
31 tolled during the pendency of administrative or judicial
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1 proceedings relating to development permits. Any extension of
2 the buildout date of a project or a phase thereof shall
3 automatically extend the commencement date of the project, the
4 termination date of the development order, the expiration date
5 of the development of regional impact, and the phases thereof
6 if applicable by a like period of time. In recognition of the
7 2007 real estate market conditions, all phase, buildout, and
8 expiration dates for projects that are developments of
9 regional impact and under active construction on July 1, 2007,
10 are extended for 3 years regardless of any prior extension.
11 The 3-year extension is not a substantial deviation, is not
12 subject to further development-of-regional-impact review, and
13 may not be considered when determining whether a subsequent
14 extension is a substantial deviation under this subsection.
15 Section 6. This act shall take effect July 1, 2007.
16
17
18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 Delete everything before the enacting clause
21
22 and insert:
23 A bill to be entitled
24 An act relating to comprehensive planning;
25 amending s. 163.3164, F.S.; redefining the
26 terms "urban redevelopment" and "financial
27 feasibility" for purposes of the Local
28 Government Comprehensive Planning and Land
29 Development Regulation Act; amending s.
30 163.3177, F.S.; providing for application of
31 requirements for financial feasibility with
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1 respect to the elements of a comprehensive
2 plan; delaying the deadline for amendments
3 conforming public facilities with the capital
4 improvements element; specifying circumstances
5 under which transportation and school
6 facilities shall be deemed to be financially
7 feasible and to have achieved level-of-service
8 standards; amending s. 163.3180, F.S.;
9 providing an additional exemption from
10 concurrency requirements for an urban service
11 area under specified circumstances; requiring
12 that a local government consult with the state
13 land planning agency regarding the designation
14 of a concurrency exception area; revising
15 provisions providing an exception from
16 transportation concurrency requirements for a
17 multiuse development of regional impact;
18 providing requirements for proportionate-share
19 mitigation and proportionate fair-share
20 mitigation with respect to transportation
21 improvements; amending s. 163.3191, F.S.;
22 exempting from a prohibition on plan amendments
23 certain amendments to local comprehensive plans
24 concerning the integration of port master
25 plans; amending s. 380.06, F.S.; extending the
26 buildout and expiration dates for certain
27 projects that are developments of regional
28 impact; providing an effective date.
29
30
31
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