Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 362
       
       
       
       
       
       
                                Barcode 607210                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 369 and 370
    4  insert:
    5         (12) A development of regional impact satisfies may satisfy
    6  the transportation concurrency requirements of the local
    7  comprehensive plan, the local government’s concurrency
    8  management system, and s. 380.06 by paying payment of a
    9  proportionate-share contribution for local and regionally
   10  significant traffic impacts, if:
   11         1.(a) The development of regional impact which, based on
   12  its location or mix of land uses, is designed to encourage
   13  pedestrian or other nonautomotive modes of transportation;
   14         2.(b) The proportionate-share contribution for local and
   15  regionally significant traffic impacts is sufficient to pay for
   16  one or more required mobility improvements that will benefit a
   17  regionally significant transportation facility;
   18         3.(c) The owner and developer of the development of
   19  regional impact pays or assures payment of the proportionate
   20  share contribution; and
   21         4.(d)If The regionally significant transportation facility
   22  to be constructed or improved is under the maintenance authority
   23  of a governmental entity, as defined by s. 334.03(12), other
   24  than. The local government having with jurisdiction over the
   25  development of regional impact must, the developer is required
   26  to enter into a binding and legally enforceable commitment to
   27  transfer funds to the governmental entity having maintenance
   28  authority or to otherwise assure construction or improvement of
   29  a the facility reasonably related to the mobility demands
   30  created by the development.
   31  
   32  (b) The proportionate-share contribution may be applied to any
   33  transportation facility to satisfy the provisions of this
   34  subsection and the local comprehensive plan., but, for the
   35  purposes of this subsection, The amount of the proportionate
   36  share contribution shall be calculated based upon the cumulative
   37  number of trips from the proposed development expected to reach
   38  roadways during the peak hour from at the complete buildout of a
   39  stage or phase being approved, divided by the change in the peak
   40  hour maximum service volume of the roadways resulting from the
   41  construction of an improvement necessary to maintain the adopted
   42  level of service, multiplied by the construction cost, at the
   43  time of developer payment, of the improvement necessary to
   44  maintain the adopted level of service. For purposes of this
   45  subparagraph subsection, the term “construction cost” includes
   46  all associated costs of the improvement. Proportionate-share
   47  mitigation shall be limited to ensure that a development of
   48  regional impact meeting the requirements of this subsection
   49  mitigates its impact on the transportation system but is not
   50  responsible for the additional cost of reducing or eliminating
   51  backlogs. For purposes of this subparagraph, the term "backlog"
   52  means a facility or facilities on which the adopted level-of
   53  service standard is exceeded by the existing trips, plus
   54  additional projected background trips from any source other than
   55  the development project under review that are forecast by
   56  established traffic standards, including traffic modeling,
   57  consistent with the University of Florida Bureau of Economic and
   58  Business Research medium population projections. Additional
   59  projected background trips are to be coincident with the
   60  particular stage or phase of development under review.
   61  	1. A developer shall not be required to fund or construct
   62  proportionate-share mitigation that is more extensive than
   63  mitigation necessary to offset the impact of the development
   64  project under review.
   65  	2. Proportionate-share mitigation shall be applied as a
   66  credit against any transportation impact fees or exactions
   67  assessed for the traffic impacts of a development.
   68  	3. Proportionate-share mitigation may be directed toward
   69  one or more specific transportation improvements reasonably
   70  related to the mobility demands created by the development and
   71  such improvements may address one or more modes of
   72  transportation.
   73  	4. The payment for such improvements that significantly
   74  benefit the impacted transportation system satisfies concurrency
   75  requirements as a mitigation of the development's stage or phase
   76  impacts upon the overall transportation system even if there
   77  remains a failure of concurrency on other impacted facilities
   78  	5. This subsection also applies to Florida Quality
   79  Developments pursuant to s. 380.061 and to detailed specific
   80  area plans implementing optional sector plans pursuant to s.
   81  163.3245.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete line 43
   86  and insert:
   87  projects; revising the criteria for proportionate-share
   88  contributions; creating a definition for "backlog"; revising
   89  provisions relating to school