Florida Senate - 2012                                     SB 912
       
       
       
       By Senator Bennett
       
       
       
       
       21-00878-12                                            2012912__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3180, F.S.; prohibiting a local government from
    4         applying transportation or school concurrency or
    5         requiring proportionate-share contribution or
    6         construction for new development for a specified
    7         period; providing an exception; providing for an
    8         extension of the prohibition under certain conditions;
    9         providing application; providing for future
   10         expiration; amending s. 163.31801, F.S.; prohibiting
   11         certain counties, municipalities, and special
   12         districts from imposing certain new or existing impact
   13         fees for a specified period; providing an exception;
   14         providing for an extension of the prohibition under
   15         certain conditions; providing application; providing
   16         for future expiration; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (7) is added to section 163.3180,
   21  Florida Statutes, to read:
   22         163.3180 Concurrency.—
   23         (7)(a) Notwithstanding any law, ordinance, or resolution to
   24  the contrary, a local government may not apply transportation or
   25  school concurrency within its jurisdiction and may not require a
   26  proportionate-share contribution or construction for new
   27  development until July 1, 2015, unless authorized by the
   28  affirmative vote of two-thirds of the local government’s
   29  governing authority.
   30         (b) Paragraph (a) does not apply to proportionate-share
   31  contribution or construction assessed on existing developments
   32  before July 1, 2012.
   33         (c) In order to maintain the exemption from transportation
   34  or school concurrency and proportionate-share contribution or
   35  construction pursuant to paragraph (a), a new development must
   36  receive a certificate of occupancy by July 1, 2016. If the
   37  certificate of occupancy is not received by July 1, 2016, the
   38  local government may apply transportation or school concurrency
   39  and require the appropriate proportionate-share contribution or
   40  construction for the development that would have been applied
   41  but for this subsection. Any outstanding obligation related to
   42  the proportionate-share contribution or construction runs with
   43  the land and is enforceable against any person claiming a fee
   44  interest in the land subject to that obligation.
   45         (d) This subsection does not apply if it requires any
   46  modification to a local government’s financing that would
   47  invalidate existing contracts, including debt obligations or
   48  covenants and agreements relating to bonds validated or issued
   49  by the local government.
   50         (e) Upon written notification to the local government, a
   51  developer may elect to have the local government apply
   52  transportation or school concurrency and proportionate-share
   53  contribution or construction to a development.
   54         (f) This subsection expires July 1, 2016.
   55         Section 2. Subsection (6) is added to section 163.31801,
   56  Florida Statutes, to read:
   57         163.31801 Impact fees; short title; intent; definitions;
   58  ordinances levying impact fees.—
   59         (6)(a) Notwithstanding any law, ordinance, or resolution to
   60  the contrary, a county, municipality, or special district may
   61  not impose any new or existing impact fee or any new or existing
   62  fee associated with the mitigation of transportation impacts on
   63  new development until July 1, 2015, unless authorized by the
   64  affirmative vote of two-thirds of the governing authority of the
   65  county, municipality, or special district. Any governing
   66  authority of a local government imposing an impact fee in
   67  existence on July 1, 2011, must reauthorize the imposition of
   68  the fee pursuant to this paragraph.
   69         (b) Paragraph (a) does not apply to any impact fee or fee
   70  associated with the mitigation of transportation impacts
   71  previously enacted by law, ordinance, or resolution assessed on
   72  existing development before July 1, 2012.
   73         (c) In order to maintain the exemption from impact fees and
   74  fees associated with the mitigation of transportation impacts
   75  pursuant to paragraph (a), a new development must receive a
   76  certificate of occupancy by July 1, 2016. If the certificate of
   77  occupancy is not received by July 1, 2016, the county,
   78  municipality, or special district may impose the appropriate
   79  impact fees and fees associated with the mitigation of
   80  transportation impacts on the development that would have been
   81  applied but for this subsection. Any outstanding obligation
   82  related to impact fees and fees associated with the mitigation
   83  of transportation impacts on the development runs with the land
   84  and is enforceable against any person claiming a fee interest in
   85  the land subject to that obligation.
   86         (d) This subsection does not apply if it requires any
   87  modification to the financing of a county, municipality, or
   88  special district that would invalidate existing contracts,
   89  including debt obligations or covenants and agreements relating
   90  to bonds validated or issued by the county, municipality, or
   91  special district.
   92         (e) Upon notification to the county, municipality, or
   93  special district, a developer may elect to have impact fees and
   94  fees associated with the mitigation of transportation impacts
   95  imposed on a development.
   96         (f) This subsection expires July 1, 2016.
   97         Section 3. This act shall take effect July 1, 2012.