Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 389
       
       
       
       
       
       
                                Barcode 753282                          
       
                              LEGISLATIVE ACTION                        
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       Senator Evers moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 121 and 122
    4  insert:
    5         Section 4. Subsection (10) of section 163.3180, Florida
    6  Statutes, is amended to read:
    7         163.3180 Concurrency.—
    8         (10)(a) Except in transportation concurrency exception
    9  areas, with regard to roadway facilities on the Strategic
   10  Intermodal System designated in accordance with s. 339.63, local
   11  governments shall adopt the level-of-service standard
   12  established by the Department of Transportation by rule.
   13  However, if the Office of Tourism, Trade, and Economic
   14  Development concurs in writing with the local government that
   15  the proposed development is for a qualified job creation project
   16  under s. 288.0656 or s. 403.973, the affected local government,
   17  after consulting with the Department of Transportation, may
   18  provide for a waiver of transportation concurrency for the
   19  project. For all other roads on the State Highway System, local
   20  governments shall establish an adequate level-of-service
   21  standard that need not be consistent with any level-of-service
   22  standard established by the Department of Transportation. In
   23  establishing adequate level-of-service standards for any
   24  arterial roads, or collector roads as appropriate, which
   25  traverse multiple jurisdictions, local governments shall
   26  consider compatibility with the roadway facility’s adopted
   27  level-of-service standards in adjacent jurisdictions. Each local
   28  government within a county shall use a professionally accepted
   29  methodology for measuring impacts on transportation facilities
   30  for the purposes of implementing its concurrency management
   31  system. Counties are encouraged to coordinate with adjacent
   32  counties, and local governments within a county are encouraged
   33  to coordinate, for the purpose of using common methodologies for
   34  measuring impacts on transportation facilities for the purpose
   35  of implementing their concurrency management systems.
   36         (b) There shall be a limited exemption from the Strategic
   37  Intermodal System adopted level-of-service standards for new or
   38  redevelopment projects consistent with the local comprehensive
   39  plan as inland multimodal facilities receiving or sending cargo
   40  for distribution and providing cargo storage, consolidation,
   41  repackaging, and transfer of goods, and which may, if developed
   42  as proposed, include other intermodal terminals, related
   43  transportation facilities, warehousing and distribution
   44  facilities, and associated office space, light industrial,
   45  manufacturing, and assembly uses. The limited exemption applies
   46  if the project meets all of the following criteria:
   47         1. The project will not cause the adopted level-of-service
   48  standards for the Strategic Intermodal System facilities to be
   49  exceeded by more than 150 percent within the first 5 years of
   50  the project’s development.
   51         2. The project, upon completion, will result in the
   52  creation of at least 50 full-time jobs.
   53         3. The project is compatible with existing and planned
   54  adjacent land uses.
   55         4. The project is consistent with local and regional
   56  economic development goals or plans.
   57         5. The project is proximate to regionally significant road
   58  and rail transportation facilities.
   59         6. The project is in a Rural Area of Critical Economic
   60  Concern or is proximate to a community having an unemployment
   61  rate, as of the date of the development order application, which
   62  is 10 percent or more above the statewide reported average.
   63         7. The local government has a plan, developed in
   64  consultation with the Department of Transportation, for
   65  mitigating any impacts to the strategic intermodal system.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68         And the title is amended as follows:
   69         Delete line 25
   70  and insert:
   71         permit; amending s. 163.3180, F.S.; providing an
   72         exemption from the Strategic Intermodal System for
   73         certain inland intermodal facilities; providing an
   74         effective date.