Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1363, 1st Eng.
                                Barcode 797726                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bennett moved the following:
    1         Senate Amendment to Amendment (302038) (with title
    2  amendment)
    4         Delete lines 2683 - 2685
    5  and insert:
    6         Section 48. Subsection (10) and paragraph (a) of subsection
    7  (12) of section 163.3180, Florida Statutes, are amended to read:
    8         163.3180 Concurrency.—
    9         (10)(a) Except in transportation concurrency exception
   10  areas, with regard to roadway facilities on the Strategic
   11  Intermodal System designated in accordance with s. 339.63, local
   12  governments shall adopt the level-of-service standard
   13  established by the Department of Transportation by rule.
   14  However, if the Office of Tourism, Trade, and Economic
   15  Development concurs in writing with the local government that
   16  the proposed development is for a qualified job creation project
   17  under s. 288.0656 or s. 403.973, the affected local government,
   18  after consulting with the Department of Transportation, may
   19  provide for a waiver of transportation concurrency for the
   20  project. For all other roads on the State Highway System, local
   21  governments shall establish an adequate level-of-service
   22  standard that need not be consistent with any level-of-service
   23  standard established by the Department of Transportation. In
   24  establishing adequate level-of-service standards for any
   25  arterial roads, or collector roads as appropriate, which
   26  traverse multiple jurisdictions, local governments shall
   27  consider compatibility with the roadway facility’s adopted
   28  level-of-service standards in adjacent jurisdictions. Each local
   29  government within a county shall use a professionally accepted
   30  methodology for measuring impacts on transportation facilities
   31  for the purposes of implementing its concurrency management
   32  system. Counties are encouraged to coordinate with adjacent
   33  counties, and local governments within a county are encouraged
   34  to coordinate, for the purpose of using common methodologies for
   35  measuring impacts on transportation facilities for the purpose
   36  of implementing their concurrency management systems.
   37         (b)There shall be a limited exemption from the Strategic
   38  Intermodal System adopted level-of-service standards for new or
   39  redevelopment projects consistent with the local comprehensive
   40  plan as inland multimodal facilities receiving or sending cargo
   41  for distribution and providing cargo storage, consolidation,
   42  repackaging, and transfer of goods, and which may, if developed
   43  as proposed, include other intermodal terminals, related
   44  transportation facilities, warehousing and distribution
   45  facilities, and associated office space, light industrial,
   46  manufacturing, and assembly uses. The limited exemption applies
   47  if the project meets all of the following criteria:
   48         1. The project will not cause the adopted level-of-service
   49  standards for the Strategic Intermodal System facilities to be
   50  exceeded by more than 150 percent within the first 5 years of
   51  the project’s development.
   52         2. The project, upon completion, will result in the
   53  creation of at least 50 full-time jobs.
   54         3. The project is compatible with existing and planned
   55  adjacent land uses.
   56         4. The project is consistent with local and regional
   57  economic development goals or plans.
   58         5. The project is proximate to regionally significant road
   59  and rail transportation facilities.
   60         6. The project is in a Rural Area of Critical Economic
   61  Concern or is proximate to a community having an unemployment
   62  rate, as of the date of the development order application, which
   63  is 10 percent or more above the statewide reported average.
   64         7. The local government has a plan, developed in
   65  consultation with the Department of Transportation, for
   66  mitigating any impacts to the strategic intermodal system.
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete line 3913
   71  and insert:
   72         hazardous waste facilities, respectively; providing an
   73         exemption from the Strategic Intermodal System;
   74         revising