Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 424
Barcode 842072
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/24/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Siplin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 393 and 394
4 insert:
5 Section 5. Subsection (2) of section 163.3182, Florida
6 Statutes, is amended to read:
7 163.3182 Transportation concurrency backlogs.—
8 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
9 AUTHORITIES.—
10 (a) A county or municipality may create a transportation
11 concurrency backlog authority if it has an identified
12 transportation concurrency backlog.
13 (b) No later than 2012, a local government that has an
14 identified transportation concurrency backlog shall adopt one or
15 more transportation concurrency backlog areas as part of the
16 local government’s capital improvements element update to its
17 submission of financial feasibility to the state land planning
18 agency. Any additional areas that a local government creates
19 shall be submitted biannually to the state land planning agency
20 until the local government has demonstrated, no later than 2027,
21 that the backlog existing in 2012 has been mitigated through
22 construction or planned construction of the necessary
23 transportation mobility improvements. If a local government is
24 unable to meet the biannual requirements of the capital
25 improvements element update for new areas as a result of
26 economic conditions, the local government may request from the
27 state land planning agency a one-time waiver of the requirement
28 to file the biannual creation of new transportation concurrency
29 backlog authority areas.
30 (c) Landowners or developers within a large-scale
31 development area of 500 cumulative acres or more may request the
32 local government to create a transportation concurrency backlog
33 area for the development area for roadways significantly
34 affected by traffic from the development if those roadways are
35 or will be backlogged as defined by s. 163.3164(34). If a
36 development permit is issued or a comprehensive plan amendment
37 is approved within the development area, the local government
38 shall designate the transportation concurrency backlog area
39 unless the funding is insufficient to address one or more
40 transportation capacity improvements necessary to satisfy the
41 additional deficiencies coexisting or anticipated with the new
42 development. The transportation concurrency backlog area shall
43 be created by ordinance and shall be used to satisfy all
44 proportionate share or proportionate fair-share transportation
45 concurrency contributions of the development not otherwise
46 satisfied by impact fees. The local government shall manage the
47 area acting as a transportation concurrency backlog authority
48 and all applicable provisions of this section apply, except that
49 the tax increment shall be used to satisfy transportation
50 concurrency requirements not otherwise satisfied by impact fees.
51 (d)(b) Acting as the transportation concurrency backlog
52 authority within the authority’s jurisdictional boundary, the
53 governing body of a county or municipality shall adopt and
54 implement a plan to eliminate all identified transportation
55 concurrency backlogs within the authority’s jurisdiction using
56 funds provided pursuant to subsection (5) and as otherwise
57 provided pursuant to this section.
58 (e) Notwithstanding any general law, special act, or
59 ordinance to the contrary, a local government may not require
60 any payments for transportation concurrency exceeding a
61 development’s traffic impacts as identified pursuant to impact
62 fees or s. 163.3180(12) or (16) and may not require such
63 payments as a condition of a development order or permit. If
64 such payments required to satisfy a development’s share of
65 transportation concurrency costs do not mitigate all traffic
66 impacts of the planned development area because of existing or
67 future backlog conditions, the owner or developer may petition
68 the local government for designation of a transportation
69 concurrency backlog area pursuant to this section, which shall
70 satisfy any remaining concurrency backlog requirements in the
71 impacted area.
72
73 ================= T I T L E A M E N D M E N T ================
74 And the title is amended as follows:
75 Delete line 18
76 and insert:
77 circumstances; amending s. 163.3182, F.S.; revising
78 provisions relating to transportation concurrency
79 backlog authorities; requiring that a local government
80 adopt one or more transportation concurrency backlog
81 areas as part its capital improvements element update;
82 requiring that a local government biannually submit
83 new areas to the state land planning agency until
84 certain conditions are met; providing an exception;
85 providing for certain landowners or developers to
86 request a transportation concurrency backlog area for
87 a development area; prohibiting a local government
88 from requiring payments for transportation concurrency
89 which exceed the costs of mitigating traffic impacts;
90 amending s. 337.11, F.S.; providing for