Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1716
       
       
       
       
       
       
                                Barcode 951118                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Community Affairs (Soto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 26 - 81
    4  and insert:
    5  transportation concurrency within its jurisdiction and may not
    6  require a proportionate-share contribution or construction for
    7  new business development before July 1, 2016, unless authorized
    8  by the affirmative majority vote of the local government’s
    9  governing authority.
   10         (b) Paragraph (a) does not apply to proportionate-share
   11  contribution or construction assessed on existing developments
   12  before July 1, 2013.
   13         (c) In order to maintain the exemption from transportation
   14  concurrency and proportionate-share contribution or construction
   15  pursuant to paragraph (a), a new business development must
   16  receive a certificate of occupancy by July 1, 2017. If the
   17  certificate of occupancy is not received by July 1, 2017, the
   18  local government may apply transportation concurrency and
   19  require the appropriate proportionate-share contribution or
   20  construction for the business development that would have been
   21  applied but for this subsection. The new business development
   22  must consist of 6,000 square feet or less for anything
   23  classified as other than nonresidential. Any outstanding
   24  obligation related to the proportionate-share contribution or
   25  construction runs with the land and is enforceable against any
   26  person claiming a fee interest in the land subject to that
   27  obligation.
   28         (d) This subsection does not apply if it requires any
   29  modification to a local government’s financing that would
   30  invalidate existing contracts, including debt obligations or
   31  covenants and agreements relating to bonds validated or issued
   32  by the local government.
   33         (e) Upon written notification to the local government, a
   34  developer may elect to have the local government apply
   35  transportation concurrency and proportionate-share contribution
   36  or construction to a business development.
   37         (f) This subsection expires July 1, 2017.
   38         Section 2. Subsection (6) is added to section 163.31801,
   39  Florida Statutes, to read:
   40         163.31801 Impact fees; short title; intent; definitions;
   41  ordinances levying impact fees.—
   42         (6)(a) Notwithstanding any provision of law, ordinance, or
   43  resolution to the contrary, a county, municipality, or special
   44  district may not impose any new or existing impact fee or any
   45  new or existing fee associated with the mitigation of
   46  transportation impacts on new business development until July 1,
   47  2016, unless authorized by the affirmative majority vote of the
   48  governing authority of the county, municipality, or special
   49  district. Any governing authority of a local government imposing
   50  an impact fee in existence on July 1, 2012, must reauthorize the
   51  imposition of the fee pursuant to this paragraph.
   52         (b) Paragraph (a) does not apply to any impact fee or fee
   53  associated with the mitigation of transportation impacts
   54  previously enacted by law, ordinance, or resolution assessed on
   55  existing business development before July 1, 2013.
   56         (c) In order to maintain the exemption from impact fees and
   57  fees associated with the mitigation of transportation impacts
   58  pursuant to paragraph (a), a new business development must
   59  receive a
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete lines 4 - 6
   64  and insert:
   65         applying transportation concurrency or requiring
   66         proportionate-share contribution or construction for
   67         new business development for a specified