Amendment
Bill No. CS/HB 7129

Amendment No. 861691

CHAMBER ACTION
Senate		House
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1	Representative Randolph offered the following:
2
3	Amendment
4	Remove lines 3263-3425 and insert:
5	(1)(a)  Sanitary sewer, solid waste, drainage, potable
6	water, parks and recreation, schools, and transportation
7	facilities, including mass transit, where applicable, are the
8	only public facilities and services subject to the concurrency
9	requirement on a statewide basis. Additional public facilities
10	and services may not be made subject to concurrency on a
11	statewide basis without appropriate study and approval by the
12	Legislature; however, any local government may extend the
13	concurrency requirement so that it applies to additional public
14	facilities within its jurisdiction. If concurrency is applied to
15	other public facilities, the local government comprehensive plan
16	must provide the principles, guidelines, standards, and
17	strategies, including adopted levels of service, to guide its
18	application. In order for a local government to rescind any
19	optional concurrency provisions, a comprehensive plan amendment
20	is required. An amendment rescinding optional concurrency issues
21	is not subject to state review. The local government
22	comprehensive plan must demonstrate, for required or optional
23	concurrency requirements, that the levels of service adopted can
24	be reasonably met. Infrastructure needed to ensure that adopted
25	level-of-service standards are achieved and maintained for the
26	5-year period of the capital improvement schedule must be
27	identified pursuant to the requirements of s. 163.3177(3).
28	(b)  Local governments shall use professionally accepted
29	techniques for measuring level of service for automobiles,
30	bicycles, pedestrians, transit, and trucks. These techniques may
31	be used to evaluate increased accessibility by multiple modes
32	and reductions in vehicle miles of travel in an area or zone.
33	The Department of Transportation shall develop methodologies to
34	assist local governments in implementing this multimodal level-
35	of-service analysis. The Department of Community Affairs and the
36	Department of Transportation shall provide technical assistance
37	to local governments in applying these methodologies.
38	(2)(a)  Consistent with public health and safety, sanitary
39	sewer, solid waste, drainage, adequate water supplies, and
40	potable water facilities shall be in place and available to
41	serve new development no later than the issuance by the local
42	government of a certificate of occupancy or its functional
43	equivalent. Prior to approval of a building permit or its
44	functional equivalent, the local government shall consult with
45	the applicable water supplier to determine whether adequate
46	water supplies to serve the new development will be available no
47	later than the anticipated date of issuance by the local
48	government of a certificate of occupancy or its functional
49	equivalent. A local government may meet the concurrency
50	requirement for sanitary sewer through the use of onsite sewage
51	treatment and disposal systems approved by the Department of
52	Health to serve new development.
53	(b)  Consistent with the public welfare, and except as
54	otherwise provided in this section, parks and recreation
55	facilities to serve new development shall be in place or under
56	actual construction no later than 1 year after issuance by the
57	local government of a certificate of occupancy or its functional
58	equivalent. However, the acreage for such facilities shall be
59	dedicated or be acquired by the local government prior to
60	issuance by the local government of a certificate of occupancy
61	or its functional equivalent, or funds in the amount of the
62	developer's fair share shall be committed no later than the
63	local government's approval to commence construction.
64	(b)(c)  Consistent with the public welfare, and except as
65	otherwise provided in this section, transportation facilities
66	needed to serve new development shall be in place or under
67	actual construction within 3 years after the local government
68	approves a building permit or its functional equivalent that
69	results in traffic generation.
70	(3)  Governmental entities that are not responsible for
71	providing, financing, operating, or regulating public facilities
72	needed to serve development may not establish binding level-of-
73	service standards on governmental entities that do bear those
74	responsibilities. This subsection does not limit the authority
75	of any agency to recommend or make objections, recommendations,
76	comments, or determinations during reviews conducted under s.
77	163.3184.
78	(4)(a)  The concurrency requirement as implemented in local
79	comprehensive plans applies to state and other public facilities
80	and development to the same extent that it applies to all other
81	facilities and development, as provided by law.
82	(b)  The concurrency requirement as implemented in local
83	comprehensive plans does not apply to public transit facilities.
84	For the purposes of this paragraph, public transit facilities
85	include transit stations and terminals; transit station parking;
86	park-and-ride lots; intermodal public transit connection or
87	transfer facilities; fixed bus, guideway, and rail stations; and
88	airport passenger terminals and concourses, air cargo
89	facilities, and hangars for the assembly, manufacture,
90	maintenance, or storage of aircraft. As used in this paragraph,
91	the terms "terminals" and "transit facilities" do not include
92	seaports or commercial or residential development constructed in
93	conjunction with a public transit facility.
94	(c)  The concurrency requirement, except as it relates to
95	transportation facilities and public schools, as implemented in
96	local government comprehensive plans, may be waived by a local
97	government for urban infill and redevelopment areas designated
98	pursuant to s. 163.2517 if such a waiver does not endanger
99	public health or safety as defined by the local government in
100	its local government comprehensive plan. The waiver shall be
101	adopted as a plan amendment pursuant to the process set forth in
102	s. 163.3187(3)(a). A local government may grant a concurrency
103	exception pursuant to subsection (5) for transportation
104	facilities located within these urban infill and redevelopment
105	areas.
106	(5)(a)  When concurrency is applied to transportation
107	facilities, the local government comprehensive plan must provide
108	the principles, guidelines, standards, and strategies, including
109	adopted levels of service to guide its application.
110	(b)  Local governments shall use professionally accepted
111	studies to determine appropriate levels of service, which shall
112	be based on a schedule of facilities that will be necessary to
113	meet level of service demands reflected in the capital
114	improvement element.
115	(c)  Local governments shall use professionally accepted
116	techniques for measuring levels of service when evaluating
117	potential impacts of a proposed development.
118	(d)  The premise of concurrency is that the public
119	facilities will be provided in order to achieve and maintain the
120	adopted level of service standard. The comprehensive plan shall
121	contain appropriate amendments to the capital improvements
122	element of the comprehensive plan, consistent with the
123	requirements of s. 163.3177(3). The capital improvements element
124	shall identify facilities necessary to meet adopted levels of
125	service during a 5-year period.
126	(e)  A local government is encouraged to develop policy
127	guidelines and techniques to address potential negative impacts
128	on future development:
129	1.  In urban infill and redevelopment, and urban service
130	areas.
131	2.  With special part-time demands on the transportation
132	system.
133	3.  With de minimis impacts.
134	4.  On community desired types of development, such as
135	redevelopment, or job creation projects.
136	(f)  Local governments are encouraged to develop tools and
137	techniques to complement the application of transportation
138	concurrency such as:
139	1.  Adoption of long-term strategies to facilitate
140	development patterns that support multimodal solutions,
141	including urban design, and appropriate land use mixes,
142	including intensity and density.
143	2.  Adoption of an areawide level of service not dependent
144	on any single road segment function.
145	3.  Exempting or discounting impacts of locally desired
146	development, such as development in urban areas, redevelopment,
147	job creation, and mixed use on the transportation system.
148	4.  Assigning secondary priority to vehicle mobility and
149	primary priority to ensuring a safe, comfortable, and attractive
150	pedestrian environment, with convenient interconnection to
151	transit.
152	5.  Establishing multimodal level of service standards that
153	rely primarily on nonvehicular modes of transportation where
154	existing or planned community design will provide adequate level
155	of mobility.
156	6.  Reducing impact fees or local access fees to promote
157	development within urban areas, multimodal transportation
158	districts, and a balance of mixed use development in certain
159	areas or districts, or for affordable or workforce housing.
160	(g)  Local governments are encouraged to coordinate with
161	adjacent local governments for the purpose of using common
162	methodologies for measuring impacts on transportation
163	facilities.
164	(h)  Local governments' transportation concurrency elements
165	must:

CODING: Words stricken are deletions; words underlined are additions.