Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 360
       
       
       
       
       
       
                                Barcode 760214                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/19/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Lynn)
       recommended the following:
       
    1         Senate Amendment to Amendment (404522) (with directory and
    2  title amendments)
    3  
    4         Between lines 467 and 468
    5  insert:
    6         (12) A development of regional impact may satisfy the
    7  transportation concurrency requirements of the local
    8  comprehensive plan, the local government’s concurrency
    9  management system, and s. 380.06 by payment of a proportionate
   10  share contribution for local and regionally significant traffic
   11  impacts, if:
   12         (a) The development of regional impact which, based on its
   13  location or mix of land uses, is designed to encourage
   14  pedestrian or other nonautomotive modes of transportation;
   15         (b) The proportionate-share contribution for local and
   16  regionally significant traffic impacts is sufficient to pay for
   17  one or more required mobility improvements that will benefit a
   18  regionally significant transportation facility;
   19         (c) The owner and developer of the development of regional
   20  impact pays or assures payment of the proportionate-share
   21  contribution; and
   22         (d) If the regionally significant transportation facility
   23  to be constructed or improved is under the maintenance authority
   24  of a governmental entity, as defined by s. 334.03(12), other
   25  than the local government with jurisdiction over the development
   26  of regional impact, the developer is required to enter into a
   27  binding and legally enforceable commitment to transfer funds to
   28  the governmental entity having maintenance authority or to
   29  otherwise assure construction or improvement of the facility.
   30  
   31  The proportionate-share contribution may be applied to any
   32  transportation facility to satisfy the provisions of this
   33  subsection and the local comprehensive plan, but, for the
   34  purposes of this subsection, the amount of the proportionate
   35  share contribution shall be calculated based upon the cumulative
   36  number of trips from the proposed development expected to reach
   37  roadways during the peak hour from the complete buildout of a
   38  stage or phase being approved, divided by two to reflect that
   39  each off-site trip represents a trip generated by another
   40  development, multiplied by the construction cost at the time of
   41  the developer payment, the product of which is divided by the
   42  change in the peak hour maximum service volume of roadways
   43  resulting from construction of an improvement necessary to
   44  maintain the adopted level of service, multiplied by the
   45  construction cost, at the time of developer payment, of the
   46  improvement necessary to maintain the adopted level of service.
   47  For purposes of this subsection, “construction cost” includes
   48  all associated costs of the improvement. Proportionate-share
   49  mitigation shall be limited to ensure that a development of
   50  regional impact meeting the requirements of this subsection
   51  mitigates its impact on the transportation system but is not
   52  responsible for the additional cost of reducing or eliminating
   53  backlogs. This subsection also applies to Florida Quality
   54  Developments pursuant to s. 380.061 and to detailed specific
   55  area plans implementing optional sector plans pursuant to s.
   56  163.3245.
   57  
   58  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   59         And the directory clause is amended as follows:
   60         Delete line 243
   61  and insert:
   62  (5), (10), and (12) of section 163.3180, Florida Statutes, are
   63  amended
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66         And the title is amended as follows:
   67         Delete line 1111
   68  and insert:
   69         projects; clarifying the calculation of the
   70         proportionate-share contribution for local and
   71         regionally significant traffic impacts which is paid
   72         by a development of regional impact for the purpose of
   73         satisfying certain concurrency requirements; amending
   74         s. 163.3184, F.S.; clarifying the