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.