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Senator Garcia moved the following Senate amendment to House

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amendment (162105):

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     Senate Amendment (with title amendment)

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     Between line(s) 2233 and 2234,

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insert:

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     Section 48.  Subsection (12) of section 163.3180, Florida

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Statutes, is amended to read:

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     163.3180  Concurrency.--

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     (12)  A development of regional impact may satisfy the

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transportation concurrency requirements of the local

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comprehensive plan, the local government's concurrency management

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system, and s. 380.06 by payment of a proportionate-share

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contribution for local and regionally significant traffic

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impacts, if:

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     (a)  The development of regional impact which, based on its

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location or mix of land uses, is designed to encourage pedestrian

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or other nonautomotive modes of transportation;

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     (b)  The proportionate-share contribution for local and

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regionally significant traffic impacts is sufficient to pay for

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one or more required mobility improvements that will benefit a

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regionally significant transportation facility;

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     (c)  The owner and developer of the development of regional

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impact pays or assures payment of the proportionate-share

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contribution; and

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     (d)  If the regionally significant transportation facility

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to be constructed or improved is under the maintenance authority

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of a governmental entity, as defined by s. 334.03(12), other than

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the local government with jurisdiction over the development of

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regional impact, the developer is required to enter into a

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binding and legally enforceable commitment to transfer funds to

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the governmental entity having maintenance authority or to

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otherwise assure construction or improvement of the facility.

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The proportionate-share contribution may be applied to any

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transportation facility to satisfy the provisions of this

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subsection and the local comprehensive plan, but, for the

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purposes of this subsection, the amount of the proportionate-

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share contribution shall be calculated based upon the cumulative

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number of trips from the proposed development expected to reach

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roadways during the peak hour from the complete buildout of a

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stage or phase being approved, divided by the change in the peak

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hour maximum service volume of roadways resulting from

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construction of an improvement necessary to maintain the adopted

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level of service, multiplied by the construction cost, at the

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time of developer payment, of the improvement necessary to

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maintain the adopted level of service. For purposes of this

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subsection, "construction cost" includes all associated costs of

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the improvement. The proportionate-share contribution shall

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include the costs associated with accommodating a transit

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facility within the development of regional impact which is in a

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county's or the Department of Transportation's long-range plan

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and shall be credited against a development of regional impact's

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proportionate-share contribution. Proportionate-share mitigation

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shall be limited to ensure that a development of regional impact

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meeting the requirements of this subsection mitigates its impact

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on the transportation system but is not responsible for the

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additional cost of reducing or eliminating backlogs. This

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subsection also applies to Florida Quality Developments pursuant

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to s. 380.061 and to detailed specific area plans implementing

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optional sector plans pursuant to s. 163.3245.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 2402, after the second semicolon,

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insert:

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amending s. 163.3180, F.S.; requiring credit against a

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development of regional impact's proportionate-share

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contribution for accommodating a transit facility;

5/2/2008  1:31:00 PM     40-09565-08