| 1 | Representative Cannon offered the following: |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 1616-1617 insert: |
| 5 | Section 22. Subsection (5) of section 420.615, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 420.615 Affordable housing land donation density bonus |
| 8 | incentives.-- |
| 9 | (5) The local government, as part of the approval process, |
| 10 | shall adopt a comprehensive plan amendment, pursuant to part II |
| 11 | of chapter 163, for the receiving land that incorporates the |
| 12 | density bonus. Such amendment shall be deemed by operation of |
| 13 | law a small scale amendment, shall be subject only to the |
| 14 | requirements of adopted in the manner as required for small- |
| 15 | scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not |
| 16 | subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and |
| 17 | is exempt from s. 163.3187(1)(c)1. and the limitation on the |
| 18 | frequency of plan amendments as provided in s. 163.3187. An |
| 19 | affected person, as defined in s. 163.3184(1), may file a |
| 20 | petition for administrative review pursuant to the requirements |
| 21 | of s. 163.3187(3) to challenge the compliance of an adopted plan |
| 22 | amendment. |
| 23 | Section 23. The Legislature directs the Department of |
| 24 | Transportation to establish an approved transportation |
| 25 | methodology which recognizes that a planned, sustainable |
| 26 | development of regional impact will likely achieve an internal |
| 27 | capture rate greater than 30 percent when fully developed. The |
| 28 | transportation methodology must use a regional transportation |
| 29 | model that incorporates professionally accepted modeling |
| 30 | techniques applicable to well planned, sustainable communities |
| 31 | of the size, location, mix of uses, and design features |
| 32 | consistent with such communities. The adopted transportation |
| 33 | methodology shall serve as the basis for sustainable development |
| 34 | traffic impact assessments by the department. The methodology |
| 35 | review must be completed and in use no later than March 1, 2009. |
| 36 | Section 24. (1) The Legislature finds that the existing |
| 37 | transportation concurrency system has not adequately addressed |
| 38 | the state's transportation needs in an effective, predictable, |
| 39 | and equitable manner and is not producing a sustainable |
| 40 | transportation system for the state. The current system is |
| 41 | complex, lacks uniformity among jurisdictions, is too focused on |
| 42 | roadways to the detriment of desired land use patterns and |
| 43 | transportation alternatives, and frequently prevents the |
| 44 | attainment of important growth management goals. The state, |
| 45 | therefore, should consider a different transportation |
| 46 | concurrency approach that uses a mobility fee based on vehicle- |
| 47 | miles or people-miles traveled. The mobility fee shall be |
| 48 | designed to provide for mobility needs, ensure that development |
| 49 | provides mitigation for its impacts on the transportation |
| 50 | system, and promote compact, mixed-use, and energy-efficient |
| 51 | development. The mobility fee shall be used to fund improvements |
| 52 | to the transportation system. |
| 53 | (2) The Legislative Committee on Intergovernmental |
| 54 | Relations shall study and develop a methodology for a mobility |
| 55 | fee system. The committee shall contract with a qualified |
| 56 | transportation engineering firm or with a state university for |
| 57 | the purpose of studying and developing a uniform mobility fee |
| 58 | for statewide application to replace the existing transportation |
| 59 | concurrency management systems adopted and implemented by local |
| 60 | governments. |
| 61 | (a) No later than January 15, 2009, the committee shall |
| 62 | provide an interim report to the President of the Senate and the |
| 63 | Speaker of the House of Representatives reporting the status of |
| 64 | the mobility fee study. The interim report shall discuss |
| 65 | progress in the development of the fee, identify issues for |
| 66 | which additional legislative guidance is needed, and recommend |
| 67 | any interim measures that may need to be addressed to improve |
| 68 | the current transportation concurrency system that could be |
| 69 | taken prior to the final report in 2009. |
| 70 | (b) On or before October 1, 2009, the committee shall |
| 71 | provide to the President of the Senate and the Speaker of the |
| 72 | House of Representatives a final report and recommendations |
| 73 | regarding the methodology, application, and implementation of a |
| 74 | mobility fee. |
| 75 | (3) The study and mobility fees shall focus on and the fee |
| 76 | shall implement, to the extent possible: |
| 77 | (a) The amount, distribution, and timing of vehicle miles |
| 78 | and people miles traveled, applying professionally accepted |
| 79 | standards and practices in the disciplines of land use and |
| 80 | transportation planning and the requirements of constitutional |
| 81 | and statutory law. |
| 82 | (b) The development of an equitable mobility fee that |
| 83 | provides funding for future mobility needs whereby new |
| 84 | development mitigates in approximate proportionality for its |
| 85 | impacts on the transportation system yet is not delayed or held |
| 86 | accountable for system backlogs or failures that are not |
| 87 | directly attributable to the proposed development. |
| 88 | (c) The replacement of transportation financial |
| 89 | feasibility obligations, proportionate fair-share contributions, |
| 90 | and locally adopted transportation impact fees with the mobility |
| 91 | fee such that a single transportation fee, whether or not based |
| 92 | on number of trips or vehicle miles traveled, may be applied |
| 93 | uniformly on a statewide basis. |
| 94 | (d) The ability for developer contributions of land for |
| 95 | right-of-way or developer-funded improvements to the |
| 96 | transportation network to be recognized as credits against the |
| 97 | mobility fee through mutually acceptable agreements reached with |
| 98 | the impacted jurisdictions. |
| 99 | (e) An equitable methodology for distribution of mobility |
| 100 | fee proceeds among those jurisdictions responsible for |
| 101 | construction and maintenance of the impacted facilities such |
| 102 | that 100 percent of the collected mobility fees are used for |
| 103 | improvements to the overall transportation network of the |
| 104 | impacted jurisdictions. |
| 105 | Section 25. Paragraph (f) is added to subsection (3) of |
| 106 | section 403.973, Florida Statutes, and subsection (8) of that |
| 107 | section is amended, to read: |
| 108 | 403.973 Expedited permitting; comprehensive plan |
| 109 | amendments.-- |
| 110 | (3) |
| 111 | (f) Projects that are associated with new mixed-use |
| 112 | community housing, research and development, manufacturing, and |
| 113 | demonstration of technologies for improving energy-efficiency of |
| 114 | residential and nonresidential uses and using an alternative |
| 115 | source of water supply are eligible for the expedited permitting |
| 116 | process. |
| 117 | (8) Each memorandum of agreement shall include a process |
| 118 | for final agency action on permit applications and local |
| 119 | comprehensive plan amendment approvals within 90 days after |
| 120 | receipt of a completed application, unless the applicant agrees |
| 121 | to a longer time period or the office determines that unforeseen |
| 122 | or uncontrollable circumstances preclude final agency action |
| 123 | within the 90-day timeframe. Permit applications governed by |
| 124 | federally delegated or approved permitting programs whose |
| 125 | requirements would prohibit or be inconsistent with the 90-day |
| 126 | timeframe are exempt from this provision, but must be processed |
| 127 | by the agency with federally delegated or approved program |
| 128 | responsibility as expeditiously as possible. For projects for |
| 129 | which a completed application has been submitted prior to |
| 130 | qualification of the project under this section, the memorandum |
| 131 | of agreement may proceed concurrently with the processing of |
| 132 | applications, and the timeframes in this section shall begin |
| 133 | from receipt of certification of the project's eligibility. |
| 134 | Section 26. The sum of $300,000 is appropriated from |
| 135 | nonrecurring revenue in the General Revenue Fund to the |
| 136 | Legislative Committee on Intergovernmental Relations for the |
| 137 | 2008-2009 fiscal year to pay for costs associated with the |
| 138 | mobility fee study and pilot project program established in |
| 139 | section 8. |
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| 146 | T I T L E A M E N D M E N T |
| 147 | Remove line 83 and insert: |
| 148 | made by the act; amending s. 420.615, F.S.; revising provisions |
| 149 | relating to comprehensive plan amendments; authorizing certain |
| 150 | persons to challenge the compliance of an amendment; directing |
| 151 | the Department of Transportation to establish an approved |
| 152 | transportation methodology for certain purpose; providing |
| 153 | requirements; requiring a report; providing legislative intent |
| 154 | for the establishment of a uniform mobility fee methodology to |
| 155 | replace the current transportation concurrency management |
| 156 | system; providing legislative intent relating to mobility fees |
| 157 | for certain purposes; requiring the Legislative Committee on |
| 158 | Intergovernmental Relations to study and develop a methodology |
| 159 | for a mobility fee system; providing study and fee applicability |
| 160 | requirements; providing study requirements and criteria; |
| 161 | providing mobility fee requirements and limitations; amending s. |
| 162 | 403.973, F.S.; specifying additional projects eligible for |
| 163 | certain expedited permitting; authorizing concurrently |
| 164 | proceeding with memoranda of agreement and processing of |
| 165 | applications for certain projects under certain circumstances; |
| 166 | providing an appropriation; providing an effective date. |