Amendment
Bill No. CS/HB 7129
Amendment No. 217193
CHAMBER ACTION
Senate House
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1Representative Cannon offered the following:
2
3     Amendment
4     Remove line(s) 876-940 and insert:
5as provided for in paragraph subsection (12)(b) or a vehicle-
6miles-traveled or people-miles-traveled methodology or an
7alternative methodology, identified by the local government
8ordinance provided for in paragraph (a), that ensures that
9development impacts on transportation facilities are mitigated
10but that future development is not responsible for the
11additional cost of reducing or eliminating backlogs.
12     (a)  By December 1, 2006, Each local government shall adopt
13by ordinance a methodology for assessing proportionate fair-
14share mitigation options. By December 1, 2005, the Department of
15Transportation shall develop a model transportation concurrency
16management ordinance with methodologies for assessing
17proportionate fair-share mitigation options.
18     (b)1.  In its transportation concurrency management system,
19a local government shall, by December 1, 2006, include
20methodologies that will be applied to calculate proportionate
21fair-share mitigation or a vehicle-miles-traveled or people-
22miles-traveled methodology or an alternative methodology,
23identified by the local government ordinance provided for in
24paragraph (a). A developer may choose to satisfy all
25transportation concurrency requirements by contributing or
26paying proportionate fair-share mitigation if transportation
27facilities or facility segments identified as mitigation for
28traffic impacts are specifically identified for funding in the
295-year schedule of capital improvements in the capital
30improvements element of the local plan or the long-term
31concurrency management system or if such contributions or
32payments to such facilities or segments are reflected in the 5-
33year schedule of capital improvements in the next regularly
34scheduled update of the capital improvements element. Updates to
35the 5-year capital improvements element which reflect
36proportionate fair-share contributions may not be found not in
37compliance based on ss. 163.3164(32) and 163.3177(3) if
38additional contributions, payments or funding sources are
39reasonably anticipated during a period not to exceed 10 years to
40fully mitigate impacts on the transportation facilities.
41     2.  Proportionate fair-share mitigation shall be applied as
42a credit against impact fees to the extent that all or a portion
43of the proportionate fair-share mitigation is used to address
44the same capital infrastructure improvements contemplated by the
45local government's impact fee ordinance.
46     (c)  Proportionate fair-share mitigation includes, without
47limitation, separately or collectively, private funds,
48contributions of land, and construction and contribution of
49facilities and may include public funds as determined by the
50local government. Proportionate fair-share mitigation may be
51directed toward one or more specific transportation improvements
52reasonably related to the mobility demands created by the
53development and such improvements may address one or more modes
54of travel. The fair market value of the proportionate fair-share
55mitigation shall not differ based on the form of mitigation. A
56local government may not require a development to pay more than
57its proportionate fair-share contribution regardless of the
58method of mitigation. Proportionate fair-share mitigation shall
59be limited to ensure that a development meeting the requirements
60of this section mitigates its impact on the transportation
61system but is not responsible for the additional cost of
62reducing or eliminating backlogs.


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